In conformance with the purpose of this Title and to promote the general health, safety and welfare of the community and its inhabitants, the purposes of this Article, as well as of the entire Zoning Code, are:

(1) To carry out the goals, policies and plans of the City as adopted by the Planning Commission and the City Council;

(2) To separate incompatible uses and densities of use so as to avoid negative impacts of uses on each other;

(3) To conserve the character and heritage values of the City and its several neighborhoods;

(4) To ensure safety against fire, flooding, landslides, mudslides and other natural or man-made hazards;

(5) To conserve the natural resources of the City, including air quality, water quality, scenic areas, recreation resources, aesthetic values and other resources;

(6) To promote conservation of water and energy resources and the utilization of solar energy;

(7) To provide for a variety of housing and neighborhood types and densities and a range of housing costs;

(8) To provide for adequate light and air and to avoid overcrowding of land;

(9) To facilitate adequate provision of transportation, water, wastewater, schools, parks and other public services and utilities;

(10) To avoid congestion in the streets and traffic safety hazards; and

(11) To avoid the effects of public nuisances such as noxious odors, fumes, air pollution, visibility, impairment, noise and potential hazards such as fire, explosion, irradiation, chemical and nuclear pollution.

070.040.020 General Provisions.

(a) Establishment of districts. To carry out the purpose and provisions of this Article, the City is hereby divided into the following zone districts:

HP	Hillside preservation
R/1/40	Single-family residential
R/1/6	Single-family residential
R/1/7.5	Residential
R/1/20	Residential
R/2	Limited multi-family residential
R/3	Multi-family residential
R/4	Residential transitional (A 7-83 §1)
C/1	Limited commercial
C/2	Core commercial
C/3	General commercial
C/4	Resort District
I/1	General Industrial
I/2	River Industrial
I/L	Light Industrial and Office

(b) Incorporation of map. The location and boundaries of the zone districts established by this Article are shown upon the "Zone District Map of the City of Glenwood Springs" which is hereby incorporated into this Article. Said zone district map, together with all data shown thereon and all amendments thereto, is by reference hereby made a part of this Article. The zone district map shall be identified by signature of the Mayor, shall be attested by the City Clerk and shall bear the seal of the City and the date of adoption. Changes in the boundary of any zone district shall be made only upon amendment to the zoning code and shall promptly be entered on the zone district map. A list of such amending ordinances with number and date shall be kept on file in the office of the Director. The zone district map shall be located in the office of the Director.

(c) Zone district boundaries. Except where otherwise necessary, zone district boundaries shall follow the City's corporate limits, section lines, lot lines, right-of-way lines or extensions thereof. In un-subdivided property or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by the scale of the zone district map. Where a zone district boundary coincides with a right-of-way line and said right-of-way is abandoned, the zone district boundary shall then follow the centerline of the former right-of-way. Land which is not part of a public railroad or utility right-of-way and which is not indicated as being in any zone district shall be considered to be included in the most restricted adjacent zone district even when such district is separated from the land in question by a public railroad or utility right-of-way.

(d) Zoning of annexed territory. All territory annexed to the City subsequent to the effective date of this ordinance shall be zoned according to district classifications of this Article. Such classification shall be determined by the City Council, upon recommendation by the Planning Commission. The proposed zoning shall be established in accordance with applicable state statutes.

(e) Application of regulations. Except as provided elsewhere in this Article:

(1) No building or structure shall be erected and no existing building or structure shall be moved, altered or extended, nor shall any land, building or structure be used, designed to be used or intended to be used for any purpose or in any manner other than as provided for among the uses for the district in which such land, building or structure is located;

(2) No building or structure shall be erected nor shall any existing building or structure be moved, altered or extended, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner except in conformity with the setback, minimum building lot area and building location and height provisions hereinafter provided in the district regulations for the district in which such building, structure or open space is located; and

(3) No yard or other open space provided about any building for the purpose of complying with provisions of this Article shall be considered as providing parking, yard or other open space for any other building.

(f) Interpretation. The provisions of this zoning code shall be deemed to be minimum requirements. Nothing herein shall impair the obligations of or interfere with private agreements in excess of the minimum requirements. Where this zoning code imposes a greater restriction than that imposed by existing provisions of law, contract or deed, the provisions of this zoning code shall control. (A 7-83 §1)

070.040.030 District Regulations.

The zone districts shall be governed in conformity with the following regulations in this Section:

(a) Hillside Preservation Overlay Zone and Hillside Preservation District. The City is defined by prominent ridge lines, steep slopes, varied unstable geologic conditions, rock outcroppings, and extensive vegetation. Development of hillside areas requires special care. If disturbed by development, these conditions can cause physical damage to both public and private property. Additionally, these areas are highly visible and define much of the visual character of the City. It is the intent of this zone to encourage development that allows for a reasonable use of buildable land while addressing the natural and visual character of the City. This is accomplished by providing supplementary development regulations to the underlying zoning. (R & Re 17-00 §1)

(1) Purpose. To protect the public health, safety and welfare by addressing the public hazards of developing on excessive slopes, unstable and changing geology and soils, and within high fire hazard zones. Further, this district serves to implement and refine the goals and policies of th2e Comprehensive Plan by identifying and protecting view sheds and ridge lines critical to the City's character and protecting and conserving the significant natural resources of the City. Therefore, all development in the HPOZ shall be designed and constructed to minimize adverse visual and environmental impacts on the community as a whole. The standards, guidelines and criteria in this Section are based on the following policies:

a. To protect the public from natural hazards caused by unstable slopes and soils, debris flow, erosion and other geologic hazards of hillside development;

b. To encourage innovative architecture, landscaping, circulation and site design that serve to preserve the significant natural resources and visual character of the City;

c. To minimize the threat and subsequent damage of wildfire through safe building practices;

d. To minimize the negative environmental and visual effects of mass cut and fill of large pads and excessive terracing trough retention of the natural topography of the hillsides; and

e. To ensure an adequate transportation system for hillside development that considers density, vegetation, topography and emergency access, while minimizing cut and fill, retention walls and other visible scars and disruption of the natural terrain.

(2) Applicability - hillside designation. Areas effected by the overlay zone, as generally depicted in the adopted Glenwood Springs Hillside Preservation Overlay Zone (HPOZ) Map, include all areas above six thousand (6,000) feet in elevation, that land area identified in the Comprehensive Plan as the Urban Development Boundary, and those areas affected by slope, soil and geologic conditions (additionally defined by Section 070.100.020) and as follows:

a. Elevation.

1. Elevations in excess of five thousand eight hundred seventy-five (5,875) feet limit the provision of water service by the City. Most of the City's water storage and delivery capacity is designed to serve areas at or below six thousand (6,000) feet. There are a few areas where it has been possible to provide service due to specific zones of higher pressure. In general, the characteristics of areas in the City above the six-thousand-foot elevations are highly susceptible to fire due to the high densities of Piňon and Juniper fire fuels and lack of water access and pressure. When combined with slopes in excess of thirty percent (30%) (the slope at which fire speeds can increase rapidly), this condition can become extremely hazardous.

2. The Comprehensive Plan establishes an Urban Development Area that specifies urban development to occur on and within six thousand (6,000) feet in elevation. The Plan further recommends that all areas outside of the UDA remain in rural uses at densities of less than ten (10) acres per unit. The HPOZ further recommends that all zoned densities and uses above the six-thousand-foot elevation line be transferred to land areas below that line, in order to guarantee public safety and the provision of adequate services.

b. Slopes. Land areas with average slopes in excess of twenty percent (20%), as calculated by lot parcel percentage in each category as calculated by standard rise over run (vertical ft/horizontal ft), and /or those areas indicated on the HPOZ map.

c. Soils/geologic hazards. Development in Areas of Geologic Hazard, within those districts identified as Hazard Avoidance Districts and Hazard Mitigation Districts, are regulated through Article 070.100. Much of the undeveloped land in the City has hazardous geologic characteristics. Undeveloped land with slopes less than twenty percent (20%) are adequately protected by Article 070.100. Slopes in excess of twenty percent (20%), with hazardous geology are additionally governed by the HPOZ.

d. Original platted town site and other historic subdivisions.

1. Generally, subdivisions platted between 1965 and July 2000, with slopes up to twenty percent (20%), were designed with topography in mind and subdivided at less than the density allowed by zoning. Additionally, infrastructure (water, sewer, roads) is already in place to serve most of these platted lots. These areas do not require special review and can be administratively approved. Uses and densities specified in the underlying zoning may be implemented.

2. The original town plan in the 1880s did not always take into account the dramatic hillsides in laying out the streets and lots. These historic paper blocks on the east and north side of the City have moderate and severe geologic hazards, slopes often in excess of thirty percent (30%), no infrastructure is in place, nor would it be easy, cost-effective, or environmentally sound to provide such infrastructure. The original town-platted street grid was not appropriate in these locations at the time they were platted, which is why development and road construction has never occurred. These areas with slopes in excess of twenty percent (20%) require special review under the Hillside Preservation Overlay Zone. Applicants desiring to develop in these areas are encouraged to discuss re-subdivision options with staff.

(3) Uses. Permitted uses including accessory uses thereto:

a. Public park.

b. Agricultural, horticulture, grazing, forestry.

c. Minor home occupation (existing grandfathered structures).

d. Accessory structures with 500 square feet or less of gross floor area may be approved administratively, subject to complying with 070.040.030(A)(7) through (10). (Ad 2-05 §4)

e. Building additions. Building additions that are 25% or less of the existing structure’s gross square footage may be approved administratively, subject to complying with 070.040.030(A)(7) through (10). (Ad 2-05 §4)

f. Site Disturbance. Site disturbance covering 1000 square feet or less may be approved administratively, subject to complying with 070.040.030(A)(7) through (10). (Ad 2-05 §4)

g. Child care homes or infant-toddler home. A child care home or infant-toddler home shall be allowed in existing single-family dwellings within the zone, or where there is evidence that a special use permit has been issued for the single-family home. (A 11-08, §2)

(4) Special review uses.

a. Single-family dwelling.

b. Private stable.

c. Outdoor commercial recreational uses.

d. Museum.

e. Road, driveway, bikeway, parking.

f. Government or public utility service.

g. Major home occupation.

h. Telecommunication facility. (Ad 9-02 §2)

(5) Development standards; slope categories: Due to the varied and steep terrain, densities are slope-appropriate. Steeper slopes require lower densities. For any given parcel, slope conditions may vary. Density is therefore calculated based on the percentage of land area within each slope category. A range of densities is specified to allow flexibility based on site conditions, availability of infrastructure and services, density transfer between sites that are not suitable for development and those that are, and creative design around significant natural features.

a. Zero to ten percent (0%-10%): Minimum engineering and mitigation are usually required to develop land with this slope configuration; therefore, lands with slopes of zero to ten percent (0-10%) are not covered by the Hillside Preservation Overlay Zone. All other standard regulations and zoning apply. Lands with these slope conditions are suitable locations for density transfer from adjacent up slope parcels.

b. Ten to twenty percent (10%-20%): As a mountain community with a narrow valley available for development, land areas with these slope conditions are routinely developed. These slopes are generally considered hillside conditions and, when combined with hazardous soils, can require more extensive engineering, mitigation measures and grading. With proper design, however, these lands are suitable locations for receiving density transfers from adjacent upslope parcels. Lands with slopes of ten to twenty percent (10%-20%) are not covered by the Hillside Preservation Overlay Zone.

c. Twenty to thirty percent (20%-30%): This is a hillside condition. These slopes, when combined with hazardous soil conditions, require extensive engineering and mitigation measures. Vegetation, in the form of fire fuels, needs to be heavily restricted around development due to higher fire speeds. This can cause more extensive hillside scarring and erosion if not sited and designed appropriately. Overall gross densities: one (1) acre per unit.

d. Thirty to forty percent (30%-40%): This is an excessive slope condition and development on these slopes, when combined with hazardous soils and dense fire fuels, is generally unacceptable. Depending on the configuration, access, elevation and neighboring conditions, development may be permitted if it does not present an undue hazard, visual impact or hillside scarring, or require excessive mitigation. Density transfer to adjacent downslope parcels is strongly encouraged. Overall gross density: ten (10) acres per unit. Densities available for transfer: five (5) acres per unit.

e. Above forty percent (40%): This is not considered to be buildable land. Overall gross densities: twenty (20) acres per unit. Densities available for transfer calculated at ten (10) acres per one (1) dwelling unit.

Adjacent parcels and/or lots, where the aggregate area does not meet the minimum lot size criteria, as determined by slope characteristics, and are under the ownership of a single property owner, prior to September 1, 2000, shall be considered eligible for one (1) single-family residence, subject to the application for and approval of a special use permit.

(6) Density transfer.

a. Density may be transferred between adjoining properties under the same ownership, and in special cases between noncontiguous parcels. Eligible receiving areas are portions of a development project that do not contain slopes over twenty-five percent (25%), hazardous soils or special geologic features. Receiving areas for density transfer may not exceed those densities specified for the slope condition. A density transfer may be approved administratively and functions more or less as a Planned Unit Development in placing structures in the most buildable locations.

b. The density transfer option is intended to provide an incentive for developers to move construction from areas with severe environmental constraints to less constrained areas. The purpose of density transfer is to encourage slope and soil appropriate development. It also serves to encourage landowners to concentrate development in areas requiring minimum infrastructure improvement that are more easily served and accessible, putting less burden on the community as a whole. For example, two (2) five-acre parcels with slopes in the thirty-to-forty-percent (ten [10] acres per unit) range, may be combined to yield one (1) dwelling unit, which in turn is transferred down slope to a five-acre parcel with slopes in the twenty-to-thirty-percent (one [1] to three [3] acres per unit) range, effectively changing the density down slope, adding two (2) additional units to the lower gradient parcel up to the maximum density of one (1) acre per unit.

(7) Building envelope and setback requirements. Building envelopes and setbacks will be determined on the basis of natural landforms, vegetation and underlying geology. Structures and access should be designed and located to: fit into the contours of the hillside, minimize disturbance of sensitive areas and preserve geologic and natural vegetative features. Therefore, flexibility and creativity are encouraged in designing development around existing features.

(8) Height of buildings. Building height not to exceed twenty-seven (27) feet in height, as measured vertically from the building grade to the corresponding highest point of the roof, or as defined in Section 070.010.

(9) Minimum lot and parcel size. To the maximum extent possible, lot size and set-backs should respond to site conditions. If part of a larger subdivision, units may be clustered for the purposes of minimizing road area and maximizing open space. Land with the HPOZ is encouraged to utilize the density transfer option in order to preserve the majority of the hillside in open space.

(10) Performance standards and guidelines for special review uses. In addition to the standards set forth in this Title, the following standards and guidelines shall apply:

a. Public safety; policy. All proposed development should be designed to protect the public from the potential hazards of drainage, debris flow, fire and erosion. Projects should be designed with existing features in order to minimize disturbance to, and therefore mitigation of, surficial hillside geology.

b. Geology, soils and grading (in addition to Articles 070.030 and 070.100); guidelines: Grading and cut and fill practices should be minimized. The creation of flat building pads is strongly discouraged. Structures should be designed to step down with the existing topography.

1. All proposed structures need to meet the geologic hazard mitigation requirements.

2. The subdivider and/or property owner shall maintain in perpetuity and repair (or supply a program for preventative maintenance) of manufactured slope areas, erosion control devices, retaining walls, drainage structures and fire prevention measures as specified in an approved development.

3. Trees and vegetation must be maintained to provide slope stability and prevent visual scarring wherever possible. A revegetation landscape plan is required for disturbed site areas.

c. Fire hazard mitigation and safety; guidelines: The proposed development mitigates and addresses fire safety.

1. Brush and vegetation areas need to be cleared and maintained as determined by Fire Code.

2. New plants need to be fire- and drought-resistant species.

3. Roofs, overhangs and exposed balconies need to be fire retardant.

4. Water supply, fire breaks and access need to be addressed at site design and approved by the Fire Chief.

d. Water and drainage. (in addition to Articles 070.030 and 070.100); guidelines: The proposed development does not adversely affect existing drainage patterns, water supply and pressure, nor cause undue construction costs to the City.

1. Natural drainage courses should not be disturbed by construction activity, and natural runoff characteristics should be maintained.

2. Drainage and erosion have been addressed on site with detention, retention and/or sedimentation basins.

3. Water supply and pressure should be adequate to serve both residential and emergency uses in conformance with the International Fire Code, as adopted and amended by this Code. (A 8-08 §2)

4. Best management practices should be used to address water flow through the site. All driveways, carports and roads should be designed to address nonpoint source runoff.

5. A drainage plan, prepared by a registered professional engineer, shall be submitted in accordance with this Section and Article 070.030 of this Code.

e. Street standards; guidelines: Roads should be fit into the existing topography.

1. Driveways and roadways shall not exceed a ten-percent grade, as measured along the driveway/roadway length. The section of the driveway that is within one hundred fifty (150) feet of the structure may be increased in gradient, as approved by the Fire Chief and Building Official, provided that adequate fire flow can be achieved.

2. Drainage and runoff from these surfaces needs to be incorporated into the site design through curbs, sidewalks and other devices directing and filtering flow appropriately.

3. All utilities shall be located underground when possible, in a common trench.

4. Roads shall be designed to meet the City road standard, including base, asphalt and compaction standards.

5. Where practical, locate roads and driveways to receive southern exposure to facilitate snow and ice melt.

6. Use crown, outsloping, ditches and/or culverts to properly drain roads and direct drainage into undisturbed, stable vegetated areas.

7. Where cut and fill slopes are to be stabilized with vegetation, design the cut and fill slopes to 1:75 to 1 grade, or flatter. Steeper slopes should utilize retaining wall systems.

8. Private driveways should not exceed one-quarter (¼) mile in length, should not require more than two (2) switchbacks and will be included in site disturbance calculations. Pre-existing driveway/road platforms utilized for residential access may exceed these standards.

9. Roadway width shall be a minimum of twenty (20) feet. Sidewalks shall be provided unless a design variance is approved.

10. Private roadways may be approved if serving five (5) residential units or less, where adequate ownership and maintenance provisions are identified.

f. Site design; policy: To blend new development to the maximum extent possible with the natural terrain and character of the site, to minimize the visual and environmental impact of development on hillside locations.

g. Structures; guidelines: The proposed development retains the essential natural environmental qualities of the site (ridgelines, knolls, significant tree and vegetation masses), and all building envelopes and access is designed to maintain site integrity.

1. Development should be designed to reduce the potential for soil erosion and slope degradation during and after construction.

2. Final contours and slopes shall reflect existing landforms to the maximum extent possible.

3. Natural vegetation, rock outcroppings and significant landforms should be retained to the maximum extent possible. Building should be sited so that fire hazard clearing zones will not affect mature vegetation.

4. Disturbance of the natural landscape should not exceed twenty percent (20%) of the lot area.

h. Structures; guidelines: All development in the HPOZ should be designed to blend with the natural surrounding environment.

1. Design of massing and roof line to blend with the natural terrain. When possible, the massing of the structure should be broken up using the slope and terrain to vary the exterior dimensions. Roof lines should be broken up as well and should be made using earth-tone materials.

2. Material and color choices for all exteriors should blend in with the hillside.

3. Orientation and siting of building envelopes should be based on visual impact. Structures should be designed to step down with the existing topography.

i. Views and view sheds; guidelines: The proposed development retains the essential visual qualities of the site, so that views from public open space areas, rights-of-way and other public places are not significantly affected.

1. Buildings, parking, carports and landscaping shall be arranged so that view corridors from downslope lots are not significantly negatively affected.

2. Off-site views of grading, ground disruption, retaining walls and structures will be minimized.

3. The development seeks to avoid significant intrusion into the views from neighboring residences.

j. Retaining walls and fencing; guidelines: Visible retaining walls and fencing should be designed to maintain human scale and reduce the visual impact of cut lines on the hillside through the use of indigenous materials, terracing and aligning construction with the natural topography.

1. Retaining walls should not exceed six (6) feet in height, and should not exceed sixty (60) feet in length for any one (1) section, unless designed as part of a residential structure.

2. Indigenous materials and/or earth-toned concrete should be used, and terraced to match existing terrain.

3. Terraced walls and retaining structures should incorporate landscaping.

(11) Special review process. All applicants interested in developing in the HPOZ are encouraged to meet with staff prior to submitting an application in order to discuss the unique conditions of the site, existing or planned infrastructure and service provision, and density transfer options.

a. Evaluation criteria. The Planning and Zoning Commission and City Council will be reviewing applications for development in the HPOZ based on the guidelines and policies in this Section, including the following criteria:

1. Is the project designed to fit the existing topography and minimize disturbance to natural features?

2. Does the development seek to avoid significant intrusion into the views from neighboring residences? Are proposed buildings, parking, carports and landscaping arranged so that view corridors are not significantly affected?

3. Are views from public open space areas, rights-of-way and other public places significantly affected? Does the proposed development retain the essential visual qualities of the site?

4. Have wide pads or leveled areas been minimized?

5. Do roads fit into the existing topography?

6. Have drainage and erosion been adequately addressed on-site?

7. Has access to public lands been maintained?

8. Have fire hazards and emergency access been addressed?

9. Does the proposed development avoid hazardous soils and extreme slopes?

10. Can the proposed development be adequately served by city services and utilities?

11. Will the development place an undue burden on the public to provide services?

b. Variances and exemptions. A variance from the strict application of the requirements of this Article may be granted pursuant to the provisions, conditions and procedures as set forth for zoning variances in Sections 070.040.050, 070.040.070 and 070.100.040 (as applicable). In addition to the variance criteria set forth in said Section, the following additional conditions must be found: (A 2-05 §4)

1. The variance granted does not impair the purposes or intent of this Article;

2. A payment, construction and maintenance plan can be agreed upon that does not place an undue burden on the City to provide infrastructure and services to an area not planned for the variance requested; and

3. Any expenses incurred in complying with this section do not constitute the granting of the variance. (R & Re 17-00 §1; A 9-02 §2)

(b) R/1/40 Single-Family Residential District.

(1) Permitted uses, including accessory uses thereto:

a. Single-family dwelling.

b. Accessory dwelling unit.

c. Gardening or plant nursery (provided any wholesale or retail activity is conducted as a minor home occupation as defined in this Article).

d. Public park.

e. Outdoor commercial recreation use – light.

f. Minor home occupation.

g. Child care home.

h. Infant/toddler home. (A 25-87 §3; 27-87 §3; 42-87 §3; A 40-98 §4; A 9-05, §1)

(2) Special review uses:

a. Church.

b. School.

c. Large child care home. (A 9-05, §1)

d. Outdoor commercial recreation use – general.

e. Outdoor commercial recreation use – concentrated.

f. Museum.

g. Major home occupation.

h. Telecommunication facility.

i. Child care centers.

j. Personal Care Boarding Home. (Ad 5-07 §2)

(A 25-87 §3; 27-87 §3; A 9-02 §2; A 9-05, §1; A 5-07 §2)

(3) Minimum building lot area: forty thousand (40,000) square feet

(4) Minimum yards:

a. Front yard setback:

1. From arterial streets: fifty (50) feet

2. From collector and other streets: twenty-five (25) feet

b. Side yard setback: ten (10) feet

c. Rear yard setback: twenty-five (25) feet

d. No dwelling unit shall be located within fifty (50) of a railroad right-of-way (Ad 22-03 §1)

(5) Maximum height of buildings: twenty-seven (27) ft. (A 12-02 §1)

(6) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(1) Permitted uses, including accessory uses thereto:

a. Single family dwelling.

b. Accessory dwelling unit.

c. Gardening.

d. Public park.

e. Outdoor commercial recreation use – light.

f. Minor home occupation.

g. Child care home.

h. Infant/toddler home. (A 25-87 §4; 27-87 §3; 42-87 §3; A 40-98 §5; A 9-05, §1)

(2) Special review uses, including accessory uses thereto:

a. Church.

b. School.

c. Large child care home.

d. Outdoor commercial recreation use – general.

e. Outdoor commercial recreation use – concentrated.

f. Major home occupation.

g. Telecommunication facility.

h. Child care center.

j. Personal Care Boarding Home.

(A 25-87 §4; 27-87 §3; A 9-02 §2; A 9-05, §1, A 5-07 §2)

(3) Minimum building lot area:

a. On lots recorded prior to March 1, 1965: five thousand (5,000) square feet

b. On lots recorded subsequent to March 1, 1965: six thousand (6,000) square feet

(4) Minimum yards:

a. Front yard setback:

1. From arterial streets: fifty (50) feet

2. From collector and other streets: twenty-five (25) feet

b. Side yard setback: five (5) feet

c. Rear yard setback: twenty-five (25) feet (A 12-02 §1)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way (Ad 22-03 §2)

(5) Maximum height of buildings: twenty-seven (27) feet

(6) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(c1) R/1/7.5 Residential District.

(1) Permitted uses, including accessory uses thereto:

a. Single-family dwelling.

b. Accessory dwelling unit.

c. Park.

d. Playground.

e. Golf course.

f. Country club.

g. Minor home occupation.

h. Outdoor commercial recreation use – light.

i. Child care home.

j. Infant/toddler home.

(A 40-98 §6; A 9-05, §1)

(2) Special review uses, including accessory uses thereto:

a. Church.

b. Community building.

c. Large child care home. (A 9-05, §1)

d. School.

e. (R 14-05, §2)

f. Major home occupation.

g. Two-family dwelling.

h. Outdoor commercial recreation use – general.

i. Outdoor commercial recreation use – concentrated.

j. Telecommunication facility.

k. Child care center.

l. Personal Care Boarding Home. (Ad 5-07 §2)

(Ad 9-02 §2; A 9-05, §1; Ad 5-07 §2))

(3) Minimum building lot area: seven thousand five hundred (7,500) square feet.

(4) Maximum lot coverage: thirty-five percent (35%).

(5) Minimum yards:

a. Front yard setback:

1. From arterial streets: fifty (50) feet.

2. From collector and other streets: twenty-five (25) feet.

b. Side yard setback: ten (10) feet from side lot line or half the height of the principal building, whichever is greater.

c. Rear yard setback: twenty-five (25) feet from rear lot line. (A 12-02 §1)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §3)

(6) Maximum height of building: twenty-seven (27) feet.

(7) Maximum floor area ratio: .25:1. (Ad 22-88 §1; A 9-02 §2)

(8) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(c2) R/1/20 Residential District.

(1) Permitted uses, including accessory uses thereto:

a. Single-family dwelling.

b. Accessory dwelling unit.

c. Park.

d. Playground.

e. Golf course.

f. Country club.

g. Minor home occupation.

h. Outdoor commercial recreation use – light.

i. Child care home.

j. Infant/toddler home.

(A 40-98 §7; A 9-05, §1)

(2) Special review uses, including accessory uses thereto:

a. Church.

b. School.

c. Large child care home. (A 9-05, §1)

d. Community building.

e. Major home occupation.

f. Two-family dwelling.

g. (R 14-05, §2)

h. Guest house.

i. Outdoor commercial recreation use – general.

j. Outdoor commercial recreation use – concentrated.

k. Telecommunication facility.

l. Child care center.

m. Personal Care Boarding Home. (Ad 5-07 §2)

(Ad 9-02 §2; A 9-05, §1; Ad 5-07 §2)

(3) Minimum building lot area: twenty thousand (20,000) square feet.

(4) Maximum lot coverage: twenty-five percent (25%).

(5) Minimum yards:

a. Front yard setback:

1. From arterial streets: fifty (50) feet.

2. From collector and other streets: twenty-five (25) feet.

b. Side yard setback: ten (10) feet from side lot line or half of the height of the principal building, whichever is greater.

c. Rear yard setback: twenty-five (25) feet from rear lot line. (A 12-02 §1)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §4)

(6) Maximum height of buildings: twenty-seven (27) feet.

(7) Maximum floor area ratio: .2:1. (Ad 22-88 §1; A 8-92 §1; A 9-02 §2)

(8) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(d) R/2 Limited Multi-Family Residential District.

(1) Permitted uses, including accessory uses thereto:

a. Single family dwelling.

b. Two family dwelling.

c. Public park and outdoor commercial recreation use - light.

d. Minor home occupation.

e. Child care home. (A 25-87 §5; 27-87 §3; 42-87 §3)

f. Accessory dwelling unit.

g. Infant/toddler home

(A 2-05 §1; A 9-05, §1)

(2) Special review uses:

a. Church.

b. School.

c. Large child care home. (A 9-05, §1)

d. Three-family dwelling.

e. Four-family dwelling.

f. Bed and breakfast lodge.

g. Outdoor commercial recreation use – general.

h. Outdoor commercial recreation use – concentrated.

i. Museum.

i. Major home occupation.

j. Telecommunication facility.

k. Child care center.

l. Personal Care Boarding Home. (Ad 5-07 §2)

(A 25-87 §5; 27-87 §3; A 9-02 §2; A 9-05, §1; A 5-07 §2)

(3) Minimum building lot area:

a. On lots recorded prior to March 1, 1965 (except three- and four-family dwellings): five thousand (5,000) square feet.

b. On lots recorded subsequent to March 1, 1965 (except three- and four-family dwellings): six thousand (6,000) square feet.

c. Three-family and four-family dwellings: nine thousand (9,000) square feet.

1. On lots with attached two-family dwellings where separate lot ownership interests are proposed for each dwelling unit when the parent lot was recorded prior to March 1, 1965: two thousand five hundred (2,500) square feet.

2. On lots with attached two-family dwellings where separate lot ownership interests are proposed for each dwelling unit when the parent lot was recorded subsequent to March 1, 1965: three thousand (3,000) square feet.

3. On lots with attached three- or four-family dwellings where separate lot ownership interests are proposed, subject to the granting of a special use permit, when the parent lot was recorded subsequent to March 1, 1965: three thousand (3,000) square feet. (A 37-98 §1)

d. On lots where separate ownership interests are proposed, there shall be no minimum lot size where multi-family units are vertically separated and where the aggregate lot size including separate ownership interests and common ownership interest meet the minimum parent lot size specified in paragraphs (3)(a), (3)(b), and (3)(c) above. The creation of separate ownership interests shall be by subdivision pursuant to Article 070 of the Glenwood Springs Municipal Code. (Ad 25-03 §1)

(4) Minimum yards:

a. Front yard setback:

1. From arterial streets: fifty (50) feet

2. From collector and other streets: twenty (20) feet

b. Side yard setback: five (5) feet. Where a two-, three- or four-family dwelling is being proposed for division along a common wall, and where buildings are attached in accordance with the International Building Code, as adopted in this Code, interior side yards may be: zero (0) feet. (A 8-08 §2)

c. Rear yard setback: twenty (20) feet. (A 37-98 §1; A 12-02 §1)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §5)

(5) Maximum height of buildings: twenty-seven (27) feet.

(6) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(e) R/3 Multi-family Residential District.

(1) Permitted uses, including accessory uses thereto:

a. Single-family dwelling.

b. Two-family dwelling.

c. Multi-family dwelling.

d. Bed and breakfast lodge.

e. Public park.

f. Minor home occupation.

g. Child care home. (A 25-87 §6; 27-87 §3; 42-87 §3; A 10-98 §2)

h. Accessory dwelling unit.

i. Infant/toddler home

(A 2-05 §1; A 9-05, §1)

(2) Special review uses:

a. School.

b. Church.

c. Large child care home. (A 9-05, §1)

d. Office for the conduct of a business or profession.

e. Nursing home.

f. Boarding or rooming house.

g. Recreation vehicle park.

h. Museum.

i. Major home occupation.

j. Indoor commercial recreational use (R/3).

k. Outdoor commercial recreational use (R/3).

l. Mobile home, when located in a mobile home park.

m. Mobile home park.

n. Telecommunication facility.

o. Child care center.

p. Personal Care Boarding Home. (Ad 5-07 §2)

(A 25-87 §6; 27-87 §3; A 10-98 §2; A 9-02 §2; A 9-05, §1; A 5-07 §2)

(3) Minimum building lot area:

a. On lots recorded prior to March 1, 1965: five thousand (5,000) square feet.

b. On lots recorded subsequent to March 1, 1965: six thousand (6,000) square feet.

c. On lots with attached two-family dwellings and multi-family dwellings:

1. Where separate lot ownership interests are proposed for each dwelling unit of the building when the parent lot was recorded prior to March 1, 1965: two thousand five hundred (2,500) square feet.

2. Where separate lot ownership interests are proposed for each dwelling unit of the building when the parent lot was recorded subsequent to March 1, 1965: three thousand (3,000) square feet. (A 35-98 §3)

d. On lots where separate ownership interests are proposed, there shall be no minimum lot size where multi-family units are vertically separated and where the aggregate lot size including separate ownership interests and common ownership interest meet the minimum parent lot size specified in paragraphs (3(a), (3)(b) and (3)(c) above. The creation of separate ownership interests shall be by subdivision pursuant to Article 070 of the Glenwood Springs Municipal Code. (Ad 25-03 §2)

(4) Maximum floor area ratio: 0.75:1.

(5) Minimum yards:

a. Front yard setback:

1. From arterial and collector streets: twenty (20) feet.

2. From other streets: ten (10) feet.

b. Rear yard setback: twenty (20) feet.

c. Side yard setback: five (5) feet. Where a two-family or multi-family dwelling is proposed for division along a common wall, and where buildings are attached in accordance with the International Building Code, as adopted in this Code, interior side yards: zero (0) feet. (A 35-98 §3; A 8-08 §2)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §6)

(6) Maximum height of buildings: thirty-five (35) feet.

(7) Special review use design standards. All non-residential special review uses shall be subject to the requirements of Article 070.150 in addition to the appropriate special review requirements found at Section 070.040.040. (Ad 16-08 §3)

(8) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(f) R/4 Residential Transitional District. The purpose of this district shall be to provide for mixed use transitional areas consisting of high density residential developments, public accommodations, office and institutional uses and dispersed personal service establishments. All nonresidential uses shall require special review to assure compatibility with adjacent residential neighborhoods. This district may serve as a buffer between residential areas and commercial zones.

(1) Permitted uses, including accessory uses thereto: Any permitted use of the R/3 Zone District.

(2) Special review uses:

a. Any special review uses of the R/3 zone district.

b. Hospital, medical, dental clinic.

c. Lodge, hotel, motel.

d. Personal service establishment, as follows: barber or beauty shop, Laundromat or laundry serving individuals, shoe repair shop, studio, tailor shop and other similar services.

e. Government building.

f. Bank.

g. Mortuary.

h. Drive-in personal service facilities.

i. Photocopy.

j. (R 14-05, §2)

k. Telecommunication facility. (A 25-87 §7; A 18-90 §1; A 9-02 §2)

l. Personal Care Boarding Home. (Ad 5-07 §2)

(3) Minimum building lot area:

a. On lots recorded prior to March 1, 1965: five thousand (5,000) square feet.

b. On lots recorded subsequent to March 1, 1965: six thousand (6,000) square feet.

c. On lots where separate ownership interests are proposed, there shall be no minimum lot size where multi-family units are vertically separated and where the aggregate lot size including separate ownership interests and common ownership interest meet the minimum parent lot size specified in paragraphs (3(a) and (3)(b) above. The creation of separate ownership interests shall be by subdivision pursuant to Article 070 of the Glenwood Springs Municipal Code. (Ad 25-03 §3)

(4) Maximum floor area ratio: 1.0:1.

(5) Minimum yards:

a. Front yard setback:

1. From arterial and collector streets: twenty (20) feet.

2. From other streets: ten (10) feet.

b. Side yard setback: five (5) feet.

c. Rear yard setback: twenty (20) feet.

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §7)

(6) Maximum height of buildings: thirty-five (35) feet. (R & Re 7-83 §1)

(7) Special review use design standards. All non-residential special review uses shall be subject to the requirements of Article 070.150 in addition to the appropriate special review conditions found at Section 070.040.040. (Ad 16-08 §3)

(8) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(g) C/1 Limited Commercial District.

(1) Permitted uses, including accessory uses thereto:

a. Residential, institutional, recreational, and office uses:

1. Single-family dwelling.

2. Two-family dwelling.

3. Multiple-family dwelling.

4. Boarding house, rooming house.

5. Hotel, motel, lodge.

6. Church, school, family child care home, infant/toddler child care home, large child care home, child care center. (A 9-05, §1)

7. Hospital, medical clinic, dental clinic.

8. Nursing home, convalescent home.

9. Office for the conduct of a business or profession.

10. Outdoor commercial recreation use – light.

11. Outdoor commercial recreation use – general.

12. Indoor commercial recreation use.

13. Reading room. (A 25-87 §8; A 36-87 §1)

b. Commercial establishments as listed below:

1. Wholesale and retail establishment: Sale of food, beverages, dry goods, furniture, appliances, automotive and vehicular equipment and parts, hardware, clothing, mobile homes and accessories, building materials, feed, plant materials, restaurant with or without bar, sale of books, jewelry, secondhand items. (A 36-87 §1)

2. Personal service establishment: Barber or beauty shop, Laundromat, laundry or dry cleaning plant serving individuals, shoe repair, photo studio, mortuary, tailor shop, bank, photocopy, quick print shop, store, pharmacy. (A 36-87 §1; A 14-05, §2)

3. General service establishment: Service and repair of automotive and vehicular equipment, paint or body shop, vehicular rental, service and repair of appliances and building components, blacksmith shop, cabinet shop, sheet metal shop, welding shop, contractor's yard, upholstery shop, light equipment rental. (A 36-87 §1; A 14-05, §2)

4. Medical marijuana business, excluding cultivation. Before this use is allowed, the applicant shall demonstrate that the following requirements are satisfied:

a. Any cultivation of medical marijuana which meets the definition of a "medical marijuana business" as defined in section 070.010.010 is prohibited in this zone district.

b. The facility has obtained the required City and State licenses.

c. No medical marijuana business shall be located:

1. within 500 feet of any existing public or private school facility where classes are held for children aged kindergarten through the 12th grade. This distance shall be computed by a straight line measurement from the nearest property line of the school property to the nearest property line of the site housing the medical marijuana business; or

2. within 500 feet of another medical marijuana business. This distance shall be computed by straight line measurement between property lines of the sites housing the two facilities.

(Ad 6-11 §2)

Before any of the commercial establishments listed above in (b)(1) through (b)(4) are allowed, they must satisfy the following requirements:

1. All service, fabrication and repair operations are conducted within a building;

2. All outdoor storage of materials is enclosed by a sight-obscuring fence at least six (6) feet in height;

3. All loading and unloading of vehicles is conducted on private property; and

4. No odor, flare, noise or vibration is projected beyond the site. (A 25-87 §8)

(A 6-11 §2)

(2) Special review uses: Automotive service station, automobile washing facility, drive-in restaurant, drive-in bank, drive-through pharmacy, mobile home park, recreation vehicle park, outdoor commercial recreation use ‑ concentrated, animal kennel, automobile sales establishment and display lot, bus station, swap meet, flea market, pawn shop, newspaper, print shop, taxi station, veterinarian hospital, mini warehouse, self-storage facility, light manufacturing business, telecommunication facility, personal care boarding home. (A 25-87 §8; A 36-87 §1; A 12-88 §2; A 13-99 §1; A 9-02 §2; A 5-07 §2)

(3) Minimum building lot area:

a. Lots devoted wholly or partially to residential use: six thousand (6,000) square feet.

b. On lots where separate ownership interests are proposed, there shall be no minimum lot size where multi-family units are vertically separated and where the aggregate lot size including separate ownership interests and common ownership interest meet the minimum parent lot size specified in paragraphs (3(a) above. The creation of separate ownership interests shall be by subdivision pursuant to Article 070 of the Glenwood Springs Municipal Code. (Ad 25-03 §4)

(4) Maximum floor area ratio: 1.50:1

(5) Minimum yards:

a. Front yard setback:

1. Non-residential land uses shall be located between five (5) and sixty (60) feet from the front property line. All other land uses: twenty-five (25) feet from arterial and collector streets; or, twenty (20) feet from all other streets. (A 16-08 §3)

b. Side yard setback: five (5) feet.

c. Rear yard setback:

1. Seven and one-half (7.5) feet if there is no alley at the rear of the property.
2. Ten (10) feet from an alley.

(A 4-07 §2)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §8)

(6) Maximum height of buildings: thirty-five (35) feet.

(7) Design standards. All non-residential permitted and special review uses shall be subject to the requirements of Article 070.150 and 070.040.040. All non-residential permitted uses also shall be subject to the requirements in Subsection 070.040.030(g)(1)(b), as applicable. (A 16-08 §3)

(8) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(h) C/2 Core Commercial District.

(1) Permitted uses, including accessory uses thereto:

a. Any residential, institutional, recreational and office use permitted in the C/1 zone district.

b. Any commercial establishment permitted in the C/1 zone district except for blacksmith shop, sheet metal shop, welding shop, drive-in bank/pharmacy/retail uses and the sale of mobile homes and accessories, vehicular rental and contractor's yard, provided that the following requirements are satisfied: (A 14-05, §3)

1. All transactions, service, fabrication, repair and storage operations are conducted within a building;

2. All loading and unloading of vehicles is conducted either on private property or from a designated loading zone on a public street; and

3. No odor, glare, noise or vibration is projected beyond the site.

c. Additional uses:

1. Bus station.

2. Taxi station.

3. Reading room.

4. Governmental administrative offices. (A 25-87 §9; A 15-98 §1)

(2) Special review uses:

a. Drive-in retail or service establishment excluding automobile service station and automobile washing facility, recreation vehicle park, outdoor commercial recreation use – concentrated, newspaper, print shop, veterinarian hospital, pawn shop, light manufacturing business, governmental facilities other than administrative offices, including but not limited to jails, telecommunication facility, personal care boarding home. (A 25-87 §9; 36-87 §2; A 12-88 §2; A 14-97 §2; A 15-98 §1; A 16-98 §1; A 9-02 §2; A 5-07 §2 )

b. Special review use performance standards. All permitted special review uses shall be subject to, in addition to the appropriate special review conditions found at Section 070.040.040 of this Code, the Downtown Design Standards found in Section 070.030.158; and plans submitted for City review shall address each of these performance standards in addition to items required elsewhere in this Article. (A 14-97 §2; A 13-02 §1)

(3) Minimum building lot area:

a. Lots devoted wholly or partially to residential use: two thousand five hundred (2,500) square feet.

b. On lots where separate ownership interests are proposed, there shall be no minimum lot size where multi-family units are vertically separated and where the aggregate lot size including separate ownership interests and common ownership interest meet the minimum parent lot size specified in paragraphs (3)(a) above. The creation of separate ownership interests shall be by subdivision pursuant to Article 070 of the Glenwood Springs Municipal Code. (Ad 25-03 §5)

(4) Minimum yards: None.

(5) Maximum height of buildings: forty (40) feet without special review use permit, or up to sixty (60) feet with special review use permit. (A 13-02 §1)

(i) C/3 General Commercial District.

(1) Permitted uses, including accessory uses thereto:

a. Any residential, institutional, recreational and office use permitted in the C/1 zone district.

b. Any commercial establishment permitted in the C/1 zone district, provided that the following requirements are satisfied in addition to the requirements of Article 070.150. Where there is conflict, the more restrictive standard shall apply: (A 16-08 §3)

1. All service, fabrication and repair operations are conducted within a building;

2. All outdoor storage of materials is enclosed by a fence at least six (6) feet in height;

3. All loading and unloading of vehicles is conducted on private property; and

4. All practical means are used to confine odor, noise, glare and vibration to the site.

(A 16-08 §3)

c. Additional uses: Mobile home park, dry cleaning plant, commercial laundry, warehousing, lumber yard, bottling plant, warehousing – including self-storage facility, automobile sales establishment and display lot, bus, taxi station, newspaper, print shop, swap meet, flea market and governmental administrative offices. (A 25-87 §10; A 36-87 §3; A 21-88 §2; A 15-98 §2; A 14-05, §2)

(2) Special review uses:

a. Automotive service station, automobile washing facility, drive-in restaurant, drive-in bank, outdoor commercial recreation use – concentrated, recreation vehicle park, animal kennel, veterinarian hospital, pawn shop, light manufacturing business, storage of hazardous liquids and gases, wastewater treatment facilities, telecommunication facilities, government facilities other than administrative offices, including but not limited to jails, personal care boarding home. (A 25-87 §10; A 36-87 §3; A 12-88 §2; A 21-88 §2; A 11-98 §1; A 16-98 §2; A 9-02 §2; A 14-05, §2; A 5-07 §2)

b. Special review use performance standards. All permitted special review uses shall be subject to, in addition to the appropriate special review conditions found at Section 070.040.040 and the requirements of Article 070.150 of this Code, the following performance standards; and plans submitted for City review shall address each of these performance standards in addition to items required elsewhere in this Article. Where there is conflict, the more restrictive standard shall apply. (A 16-08 §3)

1. Fencing, screening. All outside areas used for operations and storage shall be enclosed by a site-obscuring fence at least six (6) feet in height. Fencing materials should be compatible with the building's architecture. To the extent possible, screening accomplished by landscaping or materials shall be integral with the theme of the building's architecture. Roof equipment, such as vents and ventilation equipment, shall be screened from public view at any street level and shall be constructed of materials that are harmonious with the building appearance.

2. Emissions. No unreasonable amount of odor, gases, radiation, liquid waste, solid waste, glare, noise or vibration shall leave the site. Techniques may include utilizing available best practices for mitigation, redesign of a site plan, or potentially the removal of the offending feature from the site. (A 18-03 §2)

3. Loading and circulation. Loading and unloading of materials shall not be conducted in travel lanes of streets. The use of alleys for loading and unloading is preferable to the use of streets. To the extent possible, loading areas shall be located on private property away from the front of the building. Where it is deemed necessary to locate a loading area at the front of a building, such loading area or areas shall be off-set from access ways. On-site circulation to loading areas shall not interfere with other site activities. If off-street parking is provided, it should be located away from the building frontage.

4. Exterior walls facing street.

a) Exterior walls facing a street shall be constructed of materials that are permanent in appearance, compatible within the neighborhood and appropriate to the building's design concept. Preferred materials include brick, cut stone and stucco. The applicant shall provide street-view building elevations of sufficient detail to allow Planning and Zoning Commission review of the building plans for compliance with the aforesaid performance standards. Mechanical projections from the exterior walls facing a street shall not be allowed.

b) New development should be sensitive to the historic architectural context from which the City has evolved. Building walls, particularly at street level, shall provide horizontal and vertical undulation and/or relief to minimize the appearance of bulk and flatness. Large façades shall be broken up with store fronts, entrances, windows or similar design features. Awnings, canopies, cornices and other fascia treatments that provide relief on a building façade are encouraged. Such architectural details that project into the public right-of-way may need a license to encroach. No more than fifteen (15) horizontal feet of the building front may be blank wall, unless such façade is enhanced by artwork, landscaping or extensive architectural detailing, in which case wall areas may be extended to no more than thirty (30) horizontal feet.

5. Colors. Exterior building colors shall be consistent with the predominant masonry colors of the neighborhood.

6. Lighting.

a) Exterior on-site lighting shall be shielded to reflect light downward, so that the cone of light is contained within the boundaries of the property and the light source concealed from adjoining properties or the street. Every attempt shall be made to design a site and building so that light standards do not exceed building height. Use of minimum wattage metal halide or color-corrected sodium light sources is encouraged. Non-color-corrected low pressure sodium and mercury vapor light sources are prohibited.

b) Street lighting shall be consistent with the theme lighting fixtures in the neighborhood.

7. Landscaping.

a) Public amenities, including but not limited to benches, kiosks, phone booths, bus shelters, trash receptacles, restrooms, fountains, art, bike racks and pedestrian lighting shall be provided and incorporated within the landscape plan. Unimproved yards shall be landscaped with grass or suitable native vegetative cover.

b) Street trees shall be provided within the sidewalk. Street trees must be selected from an approved City tree list, maintain a maximum separation of thirty-five (35) feet and minimum height to fourteen (14) feet. A minimum trunk caliper of three (3) inches is recommended.

8. Signs. Signs shall conform with Article 070.060 of this Code.

9. Parking. If provided, parking shall conform with design requirements of Article 070.050 of this Code.

10. Any of the foregoing criteria may be modified or waived by the Planning and Zoning Commission according to the procedures for a design variance, as set forth in Section 070.030.160 of this Code.

c. Review criteria for temporary special uses. Permitted temporary special review uses shall be subject to the following criteria, and plans submitted for City review shall address each of these criteria in addition to items required elsewhere in this Article.

1. Uses. Any special review uses allowed in the C/1, C/2 and C/3 zone districts.

2. Time period. The time period for a temporary use shall be specified.

3. Fencing, screening. All outside areas used for operations and storage shall be enclosed with a site-obscuring fence sufficient to screen from public view all enclosed areas.

4. Emissions. No unreasonable amount of odor, gases, radiation, liquid waste, solid waste, glare, noise or vibration shall leave the site. Techniques may include utilizing available best practices for mitigation, redesign of a site plan, or potentially the removal of the offending feature from the site. (A 18-03 §2)

5. Loading and circulation. All loading and unloading of materials should be conducted on the property.

6. Building materials. Exterior walls should be appropriate to the building's design concept. Mechanical projections from exterior walls should be minimized. Large, blank building façades are discouraged.

7. Colors. Exterior colors should be white, off-white or consistent with the predominant masonry colors of the neighborhood.

8. Lighting. Exterior on-site lighting should be shielded to reflect light downward, so that the cone of light is contained within the boundaries of the property and the light source concealed from adjoining properties and the street.

9. Landscaping. Unimproved yards should be landscaped with grass or suitable native vegetative cover.

10. Signs. Signs should be the minimum necessary for visual communication and public convenience. At a maximum, signs shall conform with Article 070.060 of this Code.

11. Parking. Off-street parking should be provided to the maximum extent applicable while meeting the associated landscape requirements of this Code. At a minimum, off-street parking shall conform with Article 070.050 of this Code. (A 14-97 §3)

a. Lots devoted wholly or partially to residential use: six thousand (6,000) square feet.

(4) Maximum floor area ratio: 3.0:1

(5) Minimum yards:

a. Front yard setback: Non-residential land uses shall be located between five (5) and sixty (60) feet from the front property line. All other land uses: twenty-five (25) feet from arterial and collector streets; or, twenty (20) feet from all other streets. (A 16-08 §3)

b. Side yard setback: five (5) feet.

c.   Rear yard setback:

1.    Seven and one-half (7.5) feet if there is no alley at the rear of the property.

2.    Ten (10) feet from an alley

(A 4-07 §2)

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §10)

(6) Maximum height of buildings: thirty-five (35) feet.

(7) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(i2) C/4 Resort District.

(1) Purpose. The purpose of this district shall be to provide for high intensity commercial development with a maximum of flexibility in dimensional requirements as necessary for the development of land which is suited for resort and accessory commercial uses. This district shall be applied only to properties which are relatively isolated from adjacent properties due to topography, major highway corridors or other geographical features.

(2) Permitted uses, including accessory uses thereto:

a. Residential, institutional, recreational and office uses:

1. Single-family or multiple-family dwellings, including condominiums.

2. Hotel, motel, lodge.

3. Church, school, family child care home, infant/toddler child care home, large child care home, child care center. (A 9-05, §1)

4. Medical clinic, dental clinic.

5. Nursing home, convalescent home.

6. Office for the conduct of business or profession.

7. Public building.

8. Public park.

9. Geothermal heat exchange. (A 25-87 § 11)

b. Commercial establishments as listed below, provided that the following requirements are satisfied: All service, fabrication and repair operations are conducted within a building or behind a sight-obscuring fence at least a maximum of six (6) feet in height; all outdoor storage of materials is enclosed by a sight-obscuring fence at least six (6) feet in height; all loading and unloading of vehicles is conducted either on private property or from a designated loading zone on a public street or from an alley. All practical means are used to confine odor, noise, glare and vibration to the site.

1. Personal service establishment:

a) Barber or beauty shop.

b) Laundromat, laundry or dry cleaning plant serving individuals.

c) Shoe repair.

d) Photo studio.

e) Tailor shop.

2. Recreational service establishment:

a) Restaurant (with or without bar).

b) Private club.

c) Indoor commercial recreation use.

d) Outdoor commercial recreation use – light.

e) Outdoor commercial recreation use – general. (A 25-87 §11)

3. Wholesale and retail establishments: Sale of food, beverages, dry goods, furniture, appliances, convenience store.

4. Additional uses: Warehousing (provided that it is not the principal use of any structure and provided that it is accessory to other principal or special review uses of this district); parking structure.

1. Automotive service station, automobile washing facility.

2. Drive-in bank.

3. Outdoor commercial recreation use – concentrated.

4. Light manufacturing business.

5. Telecommunication facility. (A 25-87 §11; A 12-88 §2; A 9-02 §2)

6. Personal care boarding home. (Ad 5-07 §2)

(3) Design standards. All non-residential permitted and special review uses enumerated in this Subsection shall be subject to the requirements of Article 070.150 and 070.040.040. All permitted non-residential uses also shall be subject to requirements in Subsection 070.040.030(i2)(2)(b), as applicable. Where there is conflict, the more restrictive standard shall apply. (Ad 16-08 §3)

a. Lots devoted wholly or partially to residential use: two thousand five hundred (2,500) square feet.

(5) Minimum Yards:

a. Front yard setback: Non-residential land uses shall be located between five (5) and sixty (60) feet from the front property line. For all other land uses, the minimum front yard setback shall be none, except minimum setback from exterior boundary shall be twenty (20) feet unless reduced or waived on special review. (A 16-08 §3)

(6) Maximum height of buildings: sixty (60) feet.

(7) Maximum lot coverage:

Building Height	Maximum Lot Coverage
Up to and including 36 feet	100%
37 feet to and including 48 feet	88%
49 feet to and including 60 feet	78%
Intermediate values are determined by interpolation.

(Ad 6-85 §1)

(8) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(j1) I/1 General Industrial District.

(1) Permitted uses including accessory uses thereto:

a. Office for conduct of a business or profession; public park. (A 25-87 §12)

b. Any commercial establishment permitted in the C/3 zone district, provided that the following requirements are satisfied:

1. All service, fabrication, repair operations and storage of materials are enclosed by a fence at least six (6) feet in height;

2. All loading and unloading of materials are conducted on private property; and

3. All practical means are used to confine odor, noise, glare and vibration to the site.

c. Additional uses: Industrial establishments as listed below:

1. (R 14-05, §2)

2. (R 14-05, §2)

3. Asphalt batch plant.

4. Concrete block and mixing plant.

5. Food processing.

6. Manufacturing, refining of mineral and hydrocarbon materials.

7. (R 14-05, §2)

8. Governmental administrative services.

9. Governmental criminal justice facilities. (A 9-99 §1)

d. Accessory use: Single-family dwelling unit in a building principally operated as a wholesale, retail, personal service or general service establishment, or as a special review use defined in this district. (Ad 15-00 §1)

(2) Special review uses:

1. Automobile salvage yard.

2. Outdoor commercial recreation use – concentrated.

3. Storage of hazardous liquids and gases.

4. Adult entertainment establishments.

5. Wastewater treatment facilities.

6. Residential uses.

7. Telecommunication facility. (A 25-87 §12; A 21-88 §2; A 5-97 §4; A 11-98 §2; A 15-00 §1; A 9-02 §2)

(3) Minimum building lot area: no requirement.

(4) Maximum floor area ratio: 2.0:1

(5) Minimum yards:

b. Side yard setback: five (5) feet.

c.   Rear yard setback:

1.    Seven and one-half (7.5) feet if there is no alley at the rear of the property.

2.    Ten (10) feet from an alley.

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §12)

(6) Maximum height of buildings: thirty-five (35) feet.

(7) Residential use criteria:

a. The proposal is consistent with City goals and policies and plans and will be compatible with existing and allowed uses surrounding or affected by the proposed use.

b. All residential construction shall comply with all applicable building and fire codes.

c. Police, fire and building departments shall be consulted to assess any potential safety concerns regarding the relationship of the residential use with other uses on the property. Their recommendations should be considered conditions of approval where appropriate.

d. The site shall be designed to accommodate residential uses.

e. The provision of employee housing shall be given favorable consideration. No additional parking shall be required for employee housing.

f. The residential uses shall be considered accessory to the primary allowed or special review use of the property.

g. Proximity to parks, recreation sites and open space shall be considered when reviewing residential uses.

h. The residential use shall be considered with any change of use when any future building or development permit is reviewed. (Ad 15-00 §1)

(8) Non-residential use criteria. All non-residential permitted and special review uses shall be subject to Article 070.150 in addition to the requirements of Section 070.040.040. Where there is conflict, the more restrictive standard shall apply.

(9) Design standards. All residential permitted and special review uses shall be subject to the requirements of Article 070.160. (Ad 5-09 §3)

(j2) I/2 River Industrial District. The purpose of this district shall be to provide for a wide variety of commercial, manufacturing and selected industrial uses. These uses are important to the economic diversification of the City. The high visibility of the area encompassed in this district and the river resource are also of importance. Special performance standards have been adopted to address compatibility of uses within the district as well as impacts on property values and aesthetics in areas beyond the boundaries of the district. In order to properly address the unique site requirements and impacts of the wide variety of potential uses, several use categories shall require special review.

(1) Permitted uses including accessory uses thereto:

a. Office for the conduct of a business or profession.

b. Indoor commercial recreation use:

1. Public park.

2. Outdoor commercial recreation use – light.

3. Outdoor commercial recreation use – general.

c. Mobile home park.

d. Wholesale and retail establishment: sale of food, beverages, dry goods, furniture, appliances, automotive and vehicular equipment and parts, hardware, clothing, mobile homes and accessories, building materials, feed, plant materials.

e. Personal service establishment: Barber or beauty shop, Laundromat, laundry or dry cleaning plant serving individuals, dry cleaning plant, commercial laundry, shoe repair, photo studio, mortuary, tailor shop.

f. General service establishment: service and repair of automotive and vehicular equipment, paint or body shop, vehicular rental, service and repair of appliances and building components, blacksmith shop, cabinet shop, sheet metal shop, welding shop, contractor's yard. (A 14-05, §2)

g. Additional uses: manufacturing occurring within a building, including but not limited to, plant for fabrication of goods from processed natural resources, plant for processing natural resources and agricultural materials into food and beverages, and other similar uses.

h. Accessory use: single-family dwelling unit in a building principally operated as a wholesale, retail, personal service or general service establishment, or as an additional use or special review use as defined in this district, limited to one (1) dwelling per lot. (A 25-87 §13)

i. Medical marijuana business. Before this use is allowed, the applicant shall demonstrate that the following requirements are satisfied:

1. The facility has obtained the required City and State licenses.

2. No medical marijuana business shall be located:

a. within 500 feet of any existing public or private school facility where classes are held for children aged kindergarten through the 12th grade. This distance shall be computed by a straight line measurement from the nearest property line of the school property to the nearest property line of the site housing the medical marijuana business; or

b. within 500 feet of another medical marijuana business. This distance shall be computed by a straight line measurement between property lines of the sites housing the two facilities.

(Ad 6-11 §2; A 14-11 §2)

(2) Special review uses: automotive service station, automobile washing facility; any permitted use operated as a drive-in or drive-through use; manufacturing occurring outside a building, including but not limited to, plant for fabrication of goods from processed natural resources, plant for processing natural resources and agricultural materials into food and beverages, and other similar uses; storage – motor freight shopping center; lumber yard, saw mill; outdoor commercial recreation use – concentrated; storage of hazardous liquids and gases; adult entertainment establishments; residential uses; telecommunication facilities. (A 25-87 §13; 21-88 §2; A 5-97 §5; A 3-98 §1; A 15-00 §1; A 9-02 §2)

(3) All permitted and special review non-residential uses shall be subject to the following performance standards in addition to the requirements of Article 070.150, and plans submitted for City review shall address each of these performance standards in addition to items required elsewhere in this Article. Where there is conflict, the more restrictive standard shall apply. (A 16-08 §3)

a. Fencing, screening. All outside fabrication service, repair operations and storage of materials shall be enclosed by a site-obscuring fence at least six (6) feet in height. Fences and gates shall be constructed of galvanized chain-link or better with top pipe rail and wood slat inserts or better. To the extent possible, screening accomplished by landscaping or materials shall be integral with the theme of the building's architecture. Roof equipment such as vents and ventilation equipment shall be screened from public view at the front lot line and shall be constructed of materials which are harmonious with the building appearance.

b. No unreasonable amount of odor, gases, radiation, liquid waste, solid waste, glare, noise or vibration shall leave the site. Techniques may include utilizing available best practice for mitigation, redesign of a site plan, or potentially the removal of the offending feature from the site. (A 18-03 §2)

c. Loading and circulation. All loading and unloading of materials shall be conducted on private property. To the extent possible, loading areas shall be located away from the front of the building. Where it is deemed necessary to locate a loading area at the front of a building, such loading area shall be off-set from access ways. On-site circulation to loading areas shall not interfere with other site activities. Visitor parking shall be located adjacent to the building entrance.

d. Exterior walls facing street.

1. Exterior walls facing a street shall be constructed of materials which are permanent in appearance, compatible within the project neighborhood and appropriate to the building's design concept. The applicant shall provide a front-yard building elevation of sufficient detail to allow Planning and Zoning Commission review of the building plans for compliance with the aforesaid performance standards.

2. Mechanical projections from the exterior walls facing the street shall be minimized.

e. Colors. Building colors shall consist solely of non-reflective muted earth tones or as otherwise provided for in Article 070.150. (A 16-08 §3)

f. Lighting. Exterior on-site lighting shall not shine on streets or on neighboring property. Light sources (light bulbs) should not be visible. Every attempt shall be made to design a site and building so that light standards do not exceed building height.

g. Landscaping. Disturbed and unimproved setback areas shall be landscaped with grass or suitable native vegetative cover.

h. Signs. Signs shall not exceed the maximum actual building height or the maximum height allowed by the sign code, whichever is lower.

(4) Minimum building lot area: no requirement.

(5) Maximum floor area ratio: 2.0:1.

(6) Minimum yards:

b. Side yard setback: five (5) feet.

c.   Rear yard setback:

1.    Seven and one-half (7.5) feet where there is no alley at the rear of the property.

2.    Ten (10) feet from an alley.

d. No dwelling unit shall be located within fifty (50) feet of a railroad right-of-way. (Ad 22-03 §13)

(7) Maximum height of buildings: thirty-five (35) feet. (Ad 1-85 §1)

(8) Residential use criteria: