ARTICLE 10. GENERAL REGULATIONS*
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*Cross reference(s)--Animals, Ch. 4; buildings and building regulations, Ch. 6; trees and shrubbery, Ch. 26, Art. II; zoning districts and zoning map, Ch. 27, Art. 4; overlay zones, Ch. 27, Art. 5; planned development zone districts, Ch. 27, Art. 6; subdivision of land, Ch. 27, Art. 7; building permit, Ch. 27, Art. 8; abandonment of rights-of-way and easements, Ch. 27, Art. 11; appeals, waivers, and variances, Ch. 27, Art. 12; definitions, Art. 15.
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Sec. 10-1. General development and performance standards.
Sec. 10-2. Parking and loading standards.
Sec. 10-3. Sign provisions, standards, and procedures.
Sec. 10-4. Public rights-of-way.
Sec. 10-5. Design standards and development requirements.
Sec. 10-6. Animal regulation.
Sec. 10-7. Use of city property.
Sec. 10-8. Floodplain standards and procedures.
Sec. 10-9. Geologic and wildfire hazard standards and procedures.
Sec. 10-10. Standards for required reports, studies, and special plans.
Sec. 10-11. Outdoor lighting standards and regulations.
Sec. 10-12. Standards and procedures for oil
and gas operations.
The development, construction, placement, maintenance, occupancy, or operation of any use/structure, which falls under the provisions of this code, is subject to all applicable standards and requirements set forth in this article.
Sec. 10-1. General development and performance standards.
10-1-1 Parcel area and development of undersized lots.
(a) Where two (2) or more contiguous nonconforming lots are held under one (1) ownership, they shall be deemed to be a single parcel for purposes of determining compliance with the dimensional requirements of the zoning district in which such lots are located. For purposes of this section, the term "nonconforming lot" shall mean a lot which does not meet the minimum parcel street frontage, minimum parcel width, or minimum parcel area requirements of the applicable zoning district as set forth in section 4-3 of the Land Use and Development Code.
Where an application for a building permit is submitted for new construction on a nonconforming lot which is a platted lot of record, the applicant shall be required, as a condition of receiving such permit, to provide satisfactory evidence that the lot existed as a separate independent parcel prior to 1989, the year in which the Land Use and Development Code was adopted by the city, and has remained as a separate parcel continuously since such date.
(b) More than one (1) land tract/lot, in the same ownership, may be used for a use/structure and/or to satisfy required dimensional requirements of the applicable zoning district, including required setbacks; provided the owner records, at the office of the county clerk and recorder, a document approved by the city, committing the attachment of these tracts or lots in order to create the desired or required parcel size for the use/structure and/or its setback(s). (See also Replat, section 7-8-1).
(c) Essential unoccupied public utilities installations, such as substations, shall be permitted to occupy an area smaller than the minimum parcel area required by article 4 and parcel coverage (percent) requirements shall not apply.
(d) Any parcels serviced by an on-site sewage disposal system shall meet the requirements of both this code and the San Juan Basin Health Department. The determination of area shall be made in accordance with the health department's requirements and standards.
(Ord. No. O-2005-2,
§ 1, 1-18-05)
10-1-2 Setbacks.
(a) Setbacks required in all zone districts have been established for the following purposes:
(1) To complement the scale of the land use.
(2) To provide an appropriate streetscape proportional to the lot sizes allowed.
(3) To provide a certain character to an area based on the uses allowed.
(4) To provide for any interrelationship between principal uses.
(5) To provide desirable structure separation from traffic corridors and adjoining uses.
(6) To provide structure separation required by adopted construction/building codes.
(7) To aid a community need for possible alternative (i.e., solar) energy uses.
(b) When doubt may exist in the measurement of a minimum setback distance, the property owner shall provide the department with a survey or proof of monumentation, prepared by a registered land surveyor, to determine such measurement.
(c) Also see section 10-1-1(a) for the use of more than one (1) parcel/lot to satisfy setback requirements.
(d) Front setback requirements are established in this code based on a "local" street right-of-way width (see section 3-2-1 and also section 10-4-2).
(1) If the street right-of-way is not fully dedicated in conformance with the street classification map, the required setback dimensions shall be increased. If the structure abuts a street classified on the street classification map as being other than a "local," the setback shall be increased by the following amounts:
a. Collector: Add five (5) feet to required setback.
b. Arterial: Add ten (10) feet to required setback.
(2) When fifty (50) percent or more of the lots on the same side of the street and between intersecting streets have structures with a front yard depth more or less than the required front yard setback, principal buildings erected in any such block on the same side of the street may be located so as to conform to the average depth of the built-up portion of the block.
(e) On corner lots in areas where less than fifty (50) percent of the block has structures, the developer may choose which frontage will be the front. The street side yard setback shall be a minimum of fifteen (15) feet.
(f) Accessory structures located on the front half of a parcel shall meet all principal structure setbacks.
(g) Architectural features such as cornices, attached canopies (not carports), eaves, or similar features may extend into a required setback area up to four (4) feet, but in no case shall the outer extension of a principal structure feature be closer than three (3) feet to any property line, nor shall an outer extension of an accessory structure feature be closer than two (2) feet to any property line.
(1) Within trade zone districts permitting zero (0) setback, any such architectural features extending into public rights-of-way shall require a revocable permit issued by the city engineer (see section 10-4-4(a)).
(h) Porches, patios, or decks which are open and uncovered may extend into any required setback area but, within a residential zone district (RS, RST, and RM), shall in no case be closer than three (3) feet to any property line. Any roofed/covered porches, patios, or decks shall meet required setbacks.
(i) In all zone districts other than single-family (RS or RST), covered parking structures (also see (j) below) may extend into the required side or rear setback area for a distance not more than one-half (1/2) of the required setback for principal structures, but in no case closer than three (3) feet to the property line. That portion of the covered parking which intrudes into the setback area shall remain open on all sides. Covered parking having all, or a portion, of any side enclosed shall conform with the required accessory structure setback as set forth in the dimensional requirements of each zone district (see Article 4.)
(j) Carports attached to a principal structure shall conform with all setback requirements for a principal structure.
(k) Open fire escapes may extend into a required setback area. Any such extensions into public rights-of-way shall require a revocable permit issued by the city engineer.
(l) No abovegrade equipment for the service of gasoline, oil, air, water, etc., shall be closer to the public rights-of-way than ten (10) feet.
(Ord. No. 1993-18, § 2, 9-21-93)
10-1-3 Parcel coverage.
(a) Parcel coverage requirements, as set forth in the dimensional requirements of each zone district (see Article 4), are established in zone districts for the following purposes:
(1) To provide a certain character to an area based on the uses allowed.
(2) To complement the scale of the land use.
(3) To provide for any interrelationship between uses.
(4) To provide exterior space needs for occupant's use.
(5) To reserve on-site area for use-related site amenities and for parking requirements.
10-1-4 Structure height.
(a) The maximum height for structures in all zone districts, except single-family (RS) and single-family/two-family (RST), may be increased if approved by the city council, upon a recommendation of the planning commission, following a public hearing(s) in accordance with section 4-6-2(a) through (e).
(1) An increase in height for a structure shall be approved only when written evidence is submitted from the fire and building departments that submitted preliminary plans for the proposed structure indicate adequate provisions for fire protection, and public safety shall be provided, and a building permit for that structure will include these provisions.
(2) Areas providing for fire and other emergency access (fire lanes) shall be designed to adequately service the structures and occupants. These areas shall be designated and shall prohibit parking by appropriate signage at the curb point.
(3) Criteria for review, recommendation, and approval. The following evaluations shall be made in reviewing a proposal for an increase in structure height:
a. Has there been a change in character in the area due to zone changes, new growth trends, deterioration, development transitions, etc.?
b. Is the height increase compatible with the surrounding area or will there be adverse impacts? Consider impacts on light and shadow, solar energy, views, privacy, and neighborhood scale.
c. Will there be benefits derived by the community or area in granting the height increase?
d. Is the height increase in conformance with the policies, intents and requirements of this code and other adopted plans and policies?
(b) Exceptions to height limitations
(1) Architectural features. The height limitations of this code shall not apply to architectural features such as spires, belfries, cupolas, and domes, provided that the features comply with the following criteria:>
a. The combined area of all such features does not cover more than ten (10) percent of the total roof area of the building; and
b. The maximum height of features is not greater than fifty (50) percent of the maximum height of the building; and
c. The features are not used for human occupancy.
(2) Mechanical equipment. The height limitation of this code shall not apply to mechanical equipment and penthouses, provided that the equipment and penthouses comply with the following criteria:
a. The mechanical equipment and penthouses are set back a minimum of twenty (20) feet from any face of a building; and
b. The mechanical equipment and penthouses are screened from view with materials that are consistent with the building materials and colors; and
c. The mechanical equipment and penthouses do not exceed eight (8) feet above the roofline of the building.
10-1-5 Fences and walls.
(a) All fences/walls in residential zoned districts (RS, RST, and RM) shall meet the following standards (also see section 10-1-7, Traffic visibility, and the definition of "fence"):
(1) Fences located within the front setback area shall be no higher than four (4) feet tall and shall have minimum of fifty (50) percent open total surface area, such as, but not limited to, picket fences.
a. Unimproved parcels may have a fence up to eight (8) feet high in the front yard setback if the fifty (50) percent open total surface area requirement is met on the front yard fence.
[b. Reserved.]
(2) On that part of the parcel other than the required front setback area, fences may be erected to a maximum height of eight (8) feet.
a. Building permits are required for fences over six (6) feet in height.
[b. Reserved.]
(b) All fences and walls in trade zone districts (NB, CB, LC, HC, and I) and the public (P) zone district shall meet the following standards:
(1) Shall conform to (a)(1) and (a)(1)a., above.
(2) On that part of the parcel other than the required front setback area, fences/walls may be erected to eight (8) feet in height. Fences in excess of eight (8) feet shall be of open wire fencing material.
(c) The height of fences/walls shall be determined by measurement from the ground level at all points upon which the fence is located. An increase of two (2) inches in height shall be allowed when spacing for drainage under the fence is needed.
(d) The height and location requirements of this section (10-1-5) may be varied by staff, appeals board, planning commission, or city council if a greater or lower height is specifically required for screening or buffering as part of a special/conditional use or subdivision application approval, or in unusual circumstances.
(e) For fences on retaining walls, see definition of "retaining wall".
(f) All fences shall be constructed to orient any exposed structural framework to the interior of the property.
(g) Temporary fences installed to provide security and protection around a construction or demolition site are permitted and need not be in conformance with (a) through (e) above, but shall conform to (h), (i) and (j) below.
(h) Regardless of any allowances in the above paragraphs, no fence shall be constructed or maintained in a location as to constitute a traffic hazard because of obstruction of view (see section 10-1-7).
(i) No barbed, razor edge, or electric wire fencing shall be permitted without approval of city engineer (see Chapter 6, section 6-1, Code of Ordinances of the City of Durango).
(j) When approving a project, installation of fences may be required in areas when it is determined to be necessary to provide protection to the occupants/use of the parcel or adjacent parcel(s).
(Ord. No. 1993-18, § 3, 9-21-93)
10-1-6 Vehicular circulation areas. All on-site vehicular traffic areas shall comply with the following requirements:
(a) Surfaces shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, or any other dust free surface materials, and maintained in good condition, free of weeds, dust, trash, and debris.
(b) Such areas may be designed to provide vehicular access to or between abutting parcels/uses, without requiring vehicles to enter the public right-of-way, provided that vehicular, pedestrian, service and parking uses can function with reasonable safety.
(c) Such areas shall be provided with barriers of such dimensions that occupants of adjacent residential buildings are not unreasonably disturbed, either day or night, by the movement of vehicles. For each boundary line abutting directly on a parcel of land zoned residential single-family district (RS or RST), a solid wall or fence at least six (6) feet in height shall be erected subject to the provisions of section 10-1-5 (Fences and walls).
(d) All entrances and exits to public rights-of-way shall be approved by the city engineer, located and constructed to minimize traffic congestion, and shall comply with all other applicable regulations. Wheel or bumper guards shall be provided, located and arranged so that no part of any parked vehicle will extend beyond the boundaries or a parking space and into a circulation area or public right-of-way.
(e) Fire lanes shall be provided, located, dimensioned, oriented, indicated and signed in accordance with the adopted fire code and approved by the fire marshal.
(Ord. No. O-2004-34, § 1,
10-19-04)
10-1-7 Traffic visibility. In order to minimize the traffic hazards at intersections, the following requirement shall apply:
(a) Walls, fences, shrubs, plants or other items shall not be erected or grown to a height which exceeds thirty (30) inches abovegrade in the triangular area shown on the following figure:
INSET: 10-1-7(a) Line of Sight Requirements Figure;21;pi;10-1-7-a
Please see hard copy of the City Code for 10-1-7 Line of Sight Requirements Figure
10-1-8 Pollution. Dust, fumes, odors, refuse matter, smoke, vapor, noise and vibration will be effectively confined to the premises where located, or effectively minimized, to not be injurious to the neighborhood or detrimental to the general public.
10-1-9 Illumination. Any light used for illumination of signs, parking areas, security, or for any other purposes shall be so arranged as to direct and confine all light beams to the property to be lighted and away from nearby residential properties and the vision of passing motorists.
10-1-10 Outdoor storage.
(a) "Permanent storage," as used in this section, means the presence for a period of forty-eight (48) or more consecutive hours.
(b) No portion of any required front setback area, including from the side street on a corner lot, shall be used for the permanent storage (see (a) above) of building materials, except those building materials being stored for use on the site during the time a valid permit is in effect for construction on the site.
(c) Trailers, campers, trucks, vans, buses, or parts thereof, shall not be used for permanent storage (see (a) above) on a parcel in any zone district, except heavy commercial (HC) and heavy industrial (HI), unless building materials are being stored for use on the site during the time a valid permit is in effect for construction on the site.
(d) Junk and junk vehicles (see definition) shall not be allowed to collect on any premises except as provided for in the use/zone matrix (see figure 4-2-7).
(e) Fencing or screening may be required to shield or screen outside storage areas.
10-1-11 Custodial residence. A custodial residence (see definition) is intended to be a primary residence within a structure in a trade zone district for an owner, operator, or employee of that business. This allowance is not intended to permit general residential uses in business or commercial areas (see section 10-1-13).
(a) A custodial residence shall be considered a special use in trade zone districts indicated on the use/zone matrix (see figure 4-2-7), and all of the following conditions shall be met:
(1) A special use permit is approved (see section 4-5). The department shall review a proposed custodial residence for compliance with the requirements of this code and a special use permit shall be issued by the department prior to the commencement of the custodial residence use.
(2) All of the following development/performance standards shall be required by the special use permit:
a. A custodial residence shall be limited to one (1) single-family dwelling unit per primary business, and shall be occupied only by the owner, operator, or an employee of the primary business and the immediate family.
b. The unit shall be located within a structure used primarily for business purposes.
c. The unit shall comply with all appropriate adopted building and fire codes and with all applicable portions of this code.
d. Parking spaces shall be provided for the unit (see section 10-2) in addition to the principal use parking requirement.
e. Any other conditions/requirements of the approved special use permit.
10-1-12 Home occupation. Home occupations are permitted so that small businesses may function without incurring high overhead costs, and persons can legally perform limited business activities within their residence. Such uses are regulated in order to assure that there will be no negative impacts on adjacent residential uses/areas.
(a) A home occupation shall be considered as a special use in those zone districts indicated on the use/zone matrix (figure 4-2-7), and all of the following conditions shall be met:
(1) A special use permit is approved (see section 4-5). The department shall review a proposed home occupation for compliance with the requirements of this code and a special use permit shall be issued by the department prior to the commencement of the home occupation.
(2) All of the following development/performance standards shall be required by the special use permit:
a. Locating a home occupation within a residential dwelling unit shall not result in an alteration to the residential appearance or character of the principal structure, use or parcel on which it is located.
b. Merchandise, products or other materials shall not be displayed in such a manner as to be visible from outside the dwelling.
c. An identification sign not exceeding two (2) square feet, containing only the name of the resident, the title of the person conducting the home occupation, and/or the name of the business, is allowed to be affixed to the dwelling unit.
d. A resident engaged in a home occupation shall not engage in soliciting, advertising or promotion of business which creates commercial traffic, either vehicular or pedestrian, inconsistent with the residential character of the neighborhood.
e. The home occupation shall not result in the production of any noise, vibration, light, dust, odor, fumes, smoke, or other similar effects detectable outside the dwelling unit by the sense of normal human beings.
f. The use shall be conducted only within the dwelling unit, which may include a detached garage, if required off-street parking spaces are provided.
g. Not more than one (1) employed person, other than persons of the immediate family, shall work within, or on the premises of, the principal use where the home occupation is conducted.
h. The operation of the home occupation shall not generate parking demands which may adversely affect parking by residents within the immediate neighborhood.
i. No more than twenty (20) square feet of storage of goods or materials related to the home occupation shall be permitted.
j. Materials used in conjunction with the home occupation shall not be stored outdoors.
k. Storage of dangerous, combustible or volatile materials to be used in conjunction with the home occupation shall not be permitted.
l. The principal structure within which the home occupation is located shall comply with all applicable building and fire codes.
m. A business license shall be obtained from the city.
n. Other conditions/requirements of the approved special use permit.
(b) Any lawful home occupation which is operating at the time of adoption of this code, with a valid business license, shall be permitted to continue, notwithstanding the pro visions of this section; provided, however, such use does not provide a greater impact on the neighborhood than exists after the time of the adoption.
(c) A home occupation which is found to be in violation of any of the provisions of this section (10-1-12), or other applicable requirements of this code, shall cease operations until the violation has been corrected.
10-1-13 Residential mixed use.
(a) The mix of residential and business or commercial uses within the same structure is encouraged, within NB, CB, and LC Zone Districts, in order to foster economic and social benefits to the community and to property owners, including an increase to the community's housing stock and increased viability of older business and commercial areas within the community.
(b) The mix of residential uses with business or commercial uses is considered a residential mixed use requiring a special use permit or a conditional use permit in those zone districts indicated on the use/zone matrix (figure 4-2-7), and all of the following conditions shall be met:
(1) A special use permit is approved (see section 4-5). The department shall review a proposed mix of uses for compliance with the requirements of this code and a special use permit shall be issued by the department prior to the commencement of the residential uses.
(2) All of the following development/performance standards shall be required by a special use permit:
a. In the Central Business District, residential uses shall not be allowed on the main floor, and shall not be mixed with business uses on the same floor above the main level.
b. In other areas outside the Central Business District, residential uses may be allowed on the main floor or on the same floor with a business or commercial use.
c. All adopted building and fire codes must be met.
d. Residential entries shall be well-lighted, visible from a street or alley, and shall have improved access to a city sidewalk.
e. Each residential unit shall enter upon a corridor which has at least two (2) means of ingress and egress or the unit shall have at least one (1) direct entry to the outside; and in the event that the uses utilize the same interior stairway and/or corridor, provisions shall be made for securing one (1) use area from the traffic of the other use area.
f. Parking requirements in accordance with section 10-2 shall be provided for each type of use within a structure.
g. Any other conditions/requirements of the approved special use permit.
(3) In the event that a mixture of residential and business/commercial uses exists in the same structure as of the date of adoption of this code and the structure is not in compliance with the adopted building and fire codes of the city, the structure shall be construed as nonconforming and shall be subject to the provisions of section 4-11 (Nonconforming situations).
(Ord. No. O-2004-9, § 1, 3-2-04; Ord. No. O-2005-20, § 2, 7-5-05)
10-1-14 Nonpublic schools. A special use permit shall be approved for a nonpublic school prior to commencing the use. The following standards shall apply to all nonpublic elementary and junior/senior high schools.
(a) Shall be located only on an arterial or collector street.
(b) Minimum lot areas shall be twelve thousand five hundred (12,500) [square] feet and the minimum lot frontage shall be one hundred (100) feet.
(c) Required parking (see section 10-2) shall be provided on-site or in such a way as to not intrude into the surrounding neighborhood.
(d) Student loading and unloading areas shall be provided on-site or shall be located so as not to create a traffic or pedestrian hazard or create circulation patterns which intrude into the surrounding neighborhood.
(e) Landscape plantings or fencing shall be provided to buffer the school from adjoining residential properties.
(f) All exterior play areas shall be appropriately fenced and/or landscaped for safety and buffering.
(g) All applicable zone district requirements shall apply.
(h) Where a day care (including preschool) service is provided in conjunction with the school, the limitations as to the number of children for which day care is provided shall be in accordance with the zone district (Article 4) in which the property is located. All state licensing requirements for day care shall be met prior to operation of the facility.
(i) All state health department standards and all city building and fire code requirements shall be met prior to occupancy.
(j) The operators shall be required to submit a site plan, and any other supporting information addressing the above standards, prior to the issuance of a business license, building permit or certificate of occupancy.
(k) The operator(s) shall obtain a city business license prior to operation of the facility, if required, pursuant to Chapter 13, sections 13-16 through 13-25, of the Code of Ordinances of the City of Durango.
10-1-15 Residential business. A residential business (see definition) shall be allowed only through a conditional use permit.
(a) Any residential business shall comply with the following standards:
(1) The residential character of the structure shall be retained throughout the duration of the use.
(2) Business operations shall not alter the residential character of the surrounding neighborhood.
(3) No sign greater than two (2) square feet shall be allowed, and shall be affixed to the structure.
(4) Landscaping of the property shall be of a residential character and shall be maintained throughout the duration of the permit.
(5) No more than one (1) residential business shall be allowed per parcel.
(6) No more than two (2) employees shall be allowed per shift for the business.
(7) Two (2) off-street parking spaces shall be provided, one (1) of which may be in the structure's garage, the other of which may be in tandem.
10-1-16 Vehicle repair shop/garage. All vehicles on the property shall carry a valid registration, have a registration or title applied for, or show a current work order. Vehicles for which the shop/garage operator holds no valid registration or work order shall be classified as salvage and junk and may not be kept, stored, or worked on, in or on the exterior site of the shop/garage.
(Ord. No. 1989-9, § 2, 4-4-89)
10-1-17 Recycling facilities. Recycling facilities are permitted to encourage clean, convenient redemption and recycling of reusable materials in order to reduce litter and increase the recycling of reusable materials. Such facilities shall meet all of the applicable standards listed.
(a) Reverse vending machines located within buildings are considered allowed uses in those zone districts indicated on the use/zone matrix (figure 4-2-7) and do not require discretionary permits nor are they subject to additional standards.
(b) Reverse vending machines located outside of a building shall be permitted in those zone districts indicated on the use/zone matrix (figure 4-2-7) subject to the following standards:
(1) The installation shall be established in conjunction with a commercial/industrial use or public facility which is in compliance with the zoning, building and fire codes of the City of Durango.
(2) The installation shall meet accessory building setback requirements (where applicable) and shall not obstruct pedestrian or vehicular circulation.
(3) The installation shall not occupy parking spaces required by the primary use.
(4) The installation shall occupy no more than two hundred fifty (250) square feet of space, including any protective enclosure.
(5) The installation shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
(6) The installation shall have a sign area of a maximum of four (4) square feet, exclusive of operating instructions.
(7) The installation shall be constructed with durable waterproof and rustproof material, and be maintained in a clean, litter-free condition.
(8) Operating hours shall be at least the operating hours of the host use.
(9) The installation shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
(10) No additional parking spaces will be required for customers of reverse vending machines.
(11) Outside reverse vending machines in the Central Business District (CB Zone) shall be located only within the Camino del Rio Design Overlay Zone (see section 5-2-2).
(c) Small collection facilities located inside a building shall be permitted in those zone districts indicated on the use/zone matrix (figure 4-2-7).
(d) Small collection facilities may be permitted in those zone districts indicated on the use/zone matrix (figure 4-2-7) subject to the following standards:
(1) The facility shall be established so as to meet the requirements of the zone in which the facility is located and be in compliance with the land use and development, building and fire codes of the City of Durango.
(2) The facility shall be no larger than one thousand (1,000) square feet not including space that will be periodically needed for drop-off and removal of materials or exchange of containers.
(3) The facility shall meet accessory building setback requirements (where applicable) and shall not obstruct pedestrian or vehicular circulation.
(4) The facility shall accept only glass, metals, plastics, paper products, and reusable items as determined for the purpose of recycling by the administrator.
(5) The facility shall use no power-driven processing equipment except for reverse vending machines.
(6) The facility shall use containers that are constructed and maintained with durable waterproof and rustproof material and covered when site is not attended.
(7) The facility shall store recyclable material in containers. Materials shall not be left outside of containers unless an attendant is present.
(8) The facility shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which trucks, trailers, or containers are removed at the end of each collection day, shall be swept at the end of each collection day.
(9) The facility shall not exceed noise levels as specified in Chapter 16 of the Code of Ordinances.
(10) Containers for the twenty-four-hour donation of materials shall be at least thirty (30) feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
(11) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
(12) Signs may be provided as follows:
a. Recycling facilities may have identification signs per sign code requirements.
b. Signs must be consistent with the character of the location.
c. Directional signs, bearing no advertising message, may be installed with the approval of the sign code administrator, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
(13) The facility shall not reduce the required landscaping for any current use.
(14) No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One (1) space shall be provided for the attendant, if applicable.
(15) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
(16) Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary host use.
(17) Outside small collection facilities in the Central Business District (CB Zones) shall be located only within the Camino del Rio Design Overlay Zone (see section 5-2-2).
(e) Large collection facilities shall be permitted in those zone districts indicated on the use/ zone matrix (figure 4-2-7) subject to the following standards:
(1) The facility shall not abut a property zoned or planned for residential use.
(2) The facility will be screened from the public right-of-way by operating in an enclosed building; or be:
a. Landscaped in compliance with the zoning district in which the facility is located; and
b. At least one hundred fifty (150) feet from adjacent property zoned or planned for residential use.
(3) Setbacks shall be those provided for the zoning district in which the facility is located.
(4) All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or palletized. Storage containers for combustible material shall be approved by the Durango Fire and Rescue Authority . No material storage, excluding truck trailers, will be visible above the height of the screening.
(5) Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris.
(6) Parking shall be provided at a rate of one (1) parking space for each employee plus ten (10) percent of the total for visitor/customer parking. Loading standards as specified in section 10-2-3 shall apply.
(7) Noise levels shall not exceed those specified in Chapter 16 of the Code of Ordinances.
(8) If the facility is located within one hundred fifty (150) feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.
(9) Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited. Facilities shall display a notice stating that no material shall be left outside the recycling containers and shall be designed to discourage storage or deposit of materials outside the containers.
(10) Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standard of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the sign code administrator, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
(f) Processing facilities shall be permitted in those zone districts indicated on the use/zone matrix (figure 4-2-7) subject to the following conditions:
(1) Facility does not abut a property zoned or planned for residential use.
(2) Processors will operate in a wholly enclosed building except for incidental storage; or be:
a. Landscaped in compliance with the zoning district in which the facility is located; and
b. At least one hundred fifty (150) feet from adjacent property zoned or planned for residential use.
(3) Power-driven processing shall be permitted, provided all noise level requirements are met. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials.
(4) A processing facility may accept household hazardous waste for recycling from the generator in accordance with applicable state health and safety regulations.
(5) Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.
(6) All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or palletized. Storage containers for combustible material shall be approved by the Durango Fire and Rescue Authority . No material storage, excluding truck trailers, will be visible above the height of the screening.
(7) Site shall be maintained free of litter and will be secured from unauthorized entry and removal of materials when attendants are not present.
(8) Parking shall be provided at a rate of one (1) parking space for each employee, plus ten (10) percent of the total for visitor/customer parking. Loading standards as specified in section 10-2-3 shall apply. In addition to the above, one (1) parking space will be provided for each commercial vehicle operated by the processing center.
(9) Noise levels shall not exceed those specified in Chapter 16 of the Code of Ordinances.
(10) If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall be not in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.
(11) Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rust-proof construction, shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.
(12) Donation areas shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers and shall be designed to discourage deposit of materials outside the containers.
(13) Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.
(14) No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.
(Ord. No. 1990-1, § 1, 2-6-90; Ord. No. O-2002-14, § 1, 6-17-02)
10-1-18 Small package delivery service. A small package delivery service requires a special use permit in the CB, LC, HC or I zones.
(a) Any small package delivery service shall comply with the following standards:
(1) Loading zones and vehicular circulation/parking areas shall be screened from adjacent properties.
(2) Wherever possible, loading and circulation areas shall be located to the rear of the building.
(3) Loading facilities shall comply with section 10-2-3(a), (b) and (d).
(4) In the CB zone, sight and building design shall conform with all applicable Design Guidelines (see Article 5).
(Ord. No. 1990-22, § 3, 12-18-90)
10-1-19 Car wash facilities. The following site development standards shall be applicable to all car wash facilities:
(a) Site plans shall be provided for the entire parcel upon which the car wash is to be located, and shall be designed and developed in general conformance with current development standards and those set forth below as applicable.
(b) Car wash facilities shall be located only along arterial streets in areas with business or commercial zoning.
(c) Car wash facilities shall be screened from adjacent residential, public, or recreational areas or uses through the provision of a six-foot-high finished or painted solid wall or fence.
(d) At least ten (10) percent of the site area shall be landscaped.
(e) A minimum of five (5) car spaces shall be provided in waiting lanes for all full-service and automatic car washes.
(f) Waiting lanes shall be located on-site in such a manner as to not block or back into abutting street traffic lanes, public sidewalks, or driveways of abutting or adjoining businesses.
(g) One parking space shall be provided on-site for each employee working on the site.
(h) Car wash facilities as set forth in the use/zone matrix (figure 4-2-7 of this chapter) which are subject to the issuance of a conditional use permit shall operate only in accordance with the hours set forth in the conditions of approval.
(i) Automatic car washes shall be within buildings capable of being fully enclosed during periods of non-operation.
(j) An attendant must be on the premises during periods of operation for all automatic car washes.
(Ord. No. 1992-15, § 2, 6-15-92)
10-1-20 Early learning centers. Uses meeting the definition of an early learning center (see definitions) may be established by means of either a special or conditional permit as defined in the use zone matrix in section 4-2-7. The following standards shall apply to all early learning centers:
(a) The minimum outside play area shall be one hundred (100) square feet per child, or one thousand five hundred (1,500) square feet total, whichever is greater.
(b) The minimum lot frontage shall be one hundred (100) feet.
(c) Required parking (see section 10-2) shall be provided onsite or may be shared per section 10-2. Parking shall be developed in accordance with the parking standards outlined in section 10-2.
(d) Student loading and unloading areas shall be provided onsite or shall be located so as to not create a traffic or pedestrian hazard or create circulation patterns which intrude into the surrounding neighborhood.
(e) Landscape plantings or fencing shall be provided to buffer the school from adjoining residential properties.
(f) All exterior play areas shall be appropriately fenced and/or landscaped for safety and buffering.
(g) All applicable zone district requirements shall apply.
(h) All state licensing requirements for day care shall be met prior to operation of the facility.
(i) All state health department standards and all city building and fire code requirements shall be met prior to occupancy.
(Ord. No. 1996-30, § 2, 12-3-96)
10-1-21 Telecommunications towers and antennas. The location of antennas is subject to an administrative review to meet design objectives of this section. The location of towers is subject to conditional use permit review and the additional requirements set forth in this section.
(a) Purpose/goals: The purpose of this section is to establish guidelines for the siting of towers and antennas. The goals of the regulations set forth in this section are to:
(1) Locate the towers in nonresidential areas to minimize the total number of towers throughout the community;
(2) Strongly promote the joint use of new and existing tower sites;
(3) Locate towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal;
(4) Have users of towers and antennas configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
(5) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(b) Applicability:
(1) General: No person shall commence or continue with the construction, installation or operation of telecommunication facilities, including towers with antennas, within the city except as provided herein. An application for a telecommunication facility shall be filed as an application for a conditional use permit and such application shall address each of the following elements of this section. Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal and state rules and regulations in addition to the city rules and regulations outlined in this section.
(2) Historic districts: The location of all telecommunications facilities placed in either locally designated or national historic districts shall, in addition to the other requirements stated in this section, be approved by the city historic preservation board and shall be in conformance with the adopted historic district design guidelines.
(c) Colocation: The intent of colocation is to have several providers use the same structure or site to keep the number of telecommunications facilities sites to a minimum as a means of reducing the overall visual impacts throughout the community. All new telecommunications towers shall be designed to accommodate the colocation of additional providers and must comply with the following:
(1) New telecommunications towers of a height of eighty (80) feet or more shall be designed to accommodate colocation of a minimum of two (2) additional providers, either outright or through future modification to the tower.
(2) New telecommunications towers of a height up to eighty (80) feet shall be designed to accommodate colocation of a minimum of one (1) additional provider, either outright or through future modification of the tower.
(3) As a condition of issuing a permit to construct or operate a tower in the city, the owner/operator of the tower shall be required to allow colocation until said tower has reached full capacity. The number of allowable additional users shall only be limited by site parameters.
(4) Telecommunication towers constructed or approved prior to the adoption of this section may be modified to accommodate additional providers consistent with provisions for colocation in this section.
(5) If an owner/operator chooses not to colocate and thus erect a stand-alone tower, the applicant must specifically demonstrate to the satisfaction of the city the reasons why colocation is not possible.
(6) The owner/operator of the potential tower will be required to enter into agreement with each provider locating on the tower which states that all disputes with future providers concerning colocation and the terms and conditions of colocation shall be submitted to arbitration.
(d) Review process:
(1) Antennas: Project review for antenna location will be accomplished administratively through the special use permit review process, and the review and approval of site plan and a building permit. The review will include conformance to the following design standards:
(a) Submittal requirements:
(1) A site plan with details as to the position and dimensions of the antenna and the physical location and characteristics of the proposed site;
(2) A written statement as to the purpose of locating the antenna at the proposed site and how the proposal meets the standards in section (d)(1)(b) below;
(3) A description of the structure that will support the proposed antenna;
(4) A visual presentation of the proposed antenna on the support structure;
(5) A current overall system plan for the city, showing facilities presently constructed or approved and future expansion plans; and
(6) A lease or other ownership information for the site.
(b) Design requirements:
(1) Whenever an antenna is attached to a building roof, water tank, light or utility pole, the height of the antenna shall not be more than twenty (20) feet over the height of the building, tank or pole.
(2) If the building, tank or pole is constructed to the height limit of the applicable zone district, an additional ten (10) feet of antenna(s) height is permissible; provided the antenna must be set back from the edge of the building at one (1) foot per foot of antenna extending above the existing height of the building, tank or pole.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(2) Towers: All tower proposals will be reviewed through the conditional use permit (CUP) process, which includes a public hearing in front of the planning commission and city council. Variance requests will be reviewed as a part of the CUP process. All submittals shall meet the conditions of sections 4-6, 4-7, 4-8 and 4-9 of the Land Use and Development Code (Chapter 27) for conditional use permit review.
(a) Site plan and conditional use permit review: Applicants for site review and conditional use permits shall submit the materials required in sections 4-7-1 and 10-10-1. At a minimum, the following information is required:
(1) The site plan for the proposed construction according to section 10-10-1 of the LUDC, stamped by a certified engineer, which includes:
(i) The location and route of all facilities to be installed on existing utility poles, under the surface of the ground, and within public right-of-way;
(ii) Connection to utilities/right-of-way, cuts required, ownership of utilities, and easements required;
(iii) How vehicle access will be provided with all weather access improvements;
(2) A plan showing existing pre-construction site conditions including all structures, easements, drainage ways, vegetation, and all utilities;
(3) A landscape plan drawn to scale showing proposed and existing landscaping, including type, spacing, size and irrigation methods to include weed barrier and fire safety control;
(4) A statement providing the reasons for the location, design and height of the proposed tower;
(5) A statement describing any variance request, if applicable;
(6) Signatures of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with land use processes;
(7) A visual study containing, at a minimum, a graphic representation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five (5) points within a three (3) mile radius. Such points shall be chosen by the provider with review and approval by the planning director or his designee to ensure that various potential views are represented;
(8) Documentation that alternative sites within a radius of at least eight thousand (8,000) feet have been considered and have been determined to be technologically unfeasible or unavailable;
(9) Evidence demonstrating colocation is impractical on existing tall buildings, light or utility poles, water towers, existing transmission towers, and existing tower facility sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs;
(10) A current overall system plan for the city, showing facilities presently constructed or approved and future expansion plans;
(11) A statement that ensures all site users shall provide an intermode study to prevent interference from existing electronic users and corrective action should interference occur at any time;
(12) A statement that owner/users will provide prompt response to any neighborhood nuisance issues; and
(13) A letter of credit, performance bond, or other security, acceptable to the city, to cover the costs of removing the facilities if the applicant fails to do so upon expiration of the conditional use permit or upon discontinuance of use as referenced in subsection (h)(1) of this section. The letter of credit, bond or other security must have a duration extending twelve (12) months beyond the duration of the conditional use permit.
(b) Time limitation: The term of the conditional use permit shall be for ten (10) years. After expiration of a conditional use permit, a subsequent but independent conditional use permit review, subject to all then current applicable City Code provisions, shall be mandatory if the facility is to continue operation.
(e) Building permit:
(1) No person shall construct or install any facilities within the city or on any city-owned property without first obtaining a building permit. Any application for a building permit shall meet the requirements and processes outlined in Article 8 of this Land Use and Development Code. In addition to the submittal requirements as listed in section 8-3-1, the following items shall be submitted for the building permit review process:
(a) The approved site plan including all information required for the conditional use permit process;
(b) The following written documents:
(1) A description of the proposed tower location, design and height;
(2) Documentation showing that any ancillary facilities will closely match the general facade of nearby buildings;
(3) Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications Commission (FCC);
(4) Construction methods to be employed for protection of existing structures, fixtures, and facilities within and adjacent to the right-of-way;
(5) Signatures of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use processes;
(6) Documents demonstrating that necessary easements have been obtained;
(7) A signed agreement stating that the applicant will allow colocation with other users, provided all safety, structural, and technological requirements are met. This agreement shall also state that any future owners or operators will allow colocation on the tower;
(8) Documentation that the ancillary facilities will produce sound levels at or below those standards specified in Chapter 16 of the Code of Ordinances of the city, or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards; and
(9) The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate, which shall be supported by a tower loading study.
(c) The building permit application shall specify the location of facilities by depth, line, grade, and proximity to other facilities. The permittee shall cause the location of such facilities to be verified by a registered land surveyor. The permittee shall relocate any facilities that are not located in compliance with permit requirements.
(2) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may require immediate removal or remove such tower at the owner's expense.
(f) Fees: Notwithstanding any other provision of this Code, the city may require, as part of the application fees for building or land use permits for telecommunication facilities, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunications expertise.
(g) Design standards:
(1) Location:
(a) No freestanding telecommunications facility may be located within two hundred fifty (250) feet of any property zoned for residential use;
(b) No freestanding telecommunications facility may be located within the Central Business District;
(c) No freestanding telecommunications facility may be located within the River Corridor Overlay Zone.
(2) Setbacks: Any freestanding telecommunications facility, including support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located.
(3) Height: The term "height" when referring to a tower or other structure shall mean the distance measured from ground level to the highest point on the tower or other structure, even is such highest point is an antenna. The height of any freestanding telecommunications facility shall conform to the height limit of the subject zone district unless a height waiver is granted by the planning commission.
(4) Separation between towers:
(a) No telecommunications tower may be constructed within eight thousand (8,000) feet of any preexisting telecommunications tower unless it can be proven, to the satisfaction of the city, that no additional telecommunication providers can be accommodated on the existing tower or on any other existing buildings or facilities. Tower separation shall be measured by following a straight line from the portion of base of the proposed tower, which is closest to the base of any preexisting tower.
(b) Any variance to the separation requirements shall be granted only pursuant to the following provisions. The planning commission may grant a variance from the provisions of this section providing that:
(1) It is technologically impossible to locate the proposed tower on available sites more than eight thousand (8,000) feet from a preexisting tower and still provide the approximate coverage the tower is intended to provide;
(2) The preexisting telecommunication tower that is within eight thousand (8,000) feet of the proposed tower cannot be modified to accommodate another provider; and
(3) There are no available buildings, light or utility poles, or water towers on which antennas may be located and still provide the approximate coverage the tower is intended to provide.
(5) Landscape restoration:
(a) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of facilities, whether such work is done pursuant to a franchise or permit, shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
(b) All restoration work within public ways shall be done in accordance with landscape plans approved by the city.
(c) In all zoning districts, existing vegetation shall be preserved to the maximum extent possible. In all zoning districts, landscaping shall be placed completely around the transmission tower and ancillary facilities located at ground level except as required to access the facility. Such landscaping shall consist of evergreen vegetation with a minimum planted height of six (6) feet placed densely so as to form a screen. Landscaping shall be compatible with other nearby landscaping and shall be kept healthy and well maintained.
(6) Color: The telecommunications tower shall be nonreflective, unpainted galvanized steel or painted neutral colors or such shades as are appropriate and compatible with the surrounding environment, as approved by the city.
(7) Lighting: No lighting shall be permitted on telecommunication towers except that required by the Federal Aviation Administration.
(8) Safety measures: Safety measures shall be an aspect of the site design. The applicant shall show how the site will be secured. Such measures should include fencing, signage, lighting, anti-climbing devices or other any device found effective to prevent trespassing.
(9) Display: No signs, striping, graphics or other attention getting devices are permitted on the telecommunication tower or ancillary facilities except for warning and safety signage with a surface area of no more than three (3) square feet. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than two (2).
(10) Noise reduction: In all zoning districts when the adjacent property is zoned for residential use or occupied by a dwelling, hospital, school, library, or nursing home, noise generating equipment shall be sound-buffered by means of baffling, barriers, other suitable means to reduce sound level measured at the property line to forty-five (45) dBa, or less, when measured.
(h) Removal of facilities; maintenance and repair:
(1) Removal of facilities:
(a) All telecommunications towers and antennas shall be removed by the person or entity who constructed the facility or by the person who operates the facility within six (6) months of the expiration of the conditional use permit or six (6) months after the time that the facilities have ceased being used to transmit, receive or relay voice and data signals to or from telecommunication devices. If the provider fails to remove the facility within six (6) months after the permit expiration or within six (6) months after its discontinued use, the responsibility for removal falls upon the owner of the property upon which the facility has been located. If the tower or antenna is not removed within six (6) months of permit expiration or its discontinued use, the city may, after written notification to the user(s) of the facility and the land owner, cause such tower or antenna to be removed, file a lien for the costs of such removal against the property upon which the tower or antenna was located, and use the letter of credit or bond to cover the costs of removal of the structure.
(b) The city manager may grant a six-month extension where a written request has been filed, within the initial six-month period, to reuse the tower or antennas. If reuse does not occur within six (6) months of the request, the tower or antenna shall be removed.
(2) System maintenance and repair: A provider shall:
(a) Install and maintain all parts of its system in a nondangerous condition;
(b) Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all other applicable federal, state and local laws or regulations;
(c) At all reasonable times, permit examination of the system by any duly authorized representative of the city and its effect on the rights-of-way; and
(d) After reasonable written notice to the provider demanding repair, unless, in the sole determination of the city, an imminent danger exists, any rights-of-way within the city or city-owned property, which are disturbed or damaged during the construction, operation, maintenance or reconstruction by a provider of a system, may be repaired by the city, at the provider's expense, to a condition as good as that prevailing before such work was commenced. Upon completing such repair, the city shall submit to the provider an itemized statement of the cost for repairing and restoring the damaged or disturbed rights-of-way intruded upon. The provider shall, within thirty (30) days after receipt of the statement, pay to the city the entire amount of such repair costs.
(i) Penalties and other remedies:
(1) Any violations of this section shall be subject to the penalties and other remedies as set forth in article 14 of this chapter 27.
(2) In addition to the penalties and abatement procedures set forth above, the city may pursue any and all lawful remedies, including, but not limited to, actions to enjoin, abate, prevent or remove any structures or actions which violate this section.
(Ord. No. 2001-4, § 1, 4-3-2001)
10-1-22 Temporary office structures. For the purposes of the regulations set forth within this section, the term "temporary" shall mean a period not to exceed eighteen (18) months, unless otherwise permitted. Uses meeting the definition of temporary offices (see definitions) may be established by means of a special use permit as defined in the use zone matrix in section 4-2-7 of chapter 27. Contractor offices used on construction sites shall not be categorized as a temporary office structure. The allowance of a temporary office structure shall not be detrimental to the public health, safety and general welfare, and the use shall be consistent with the purpose and intent of all codes applied in the city and the specific zoning district in which the structure will be located. The following additional standards shall also apply to all temporary office structures:
(a) A special use permit with a site plan review is required for the use of a temporary office structure.
(1) The special use permit shall be valid for a period not to exceed eighteen (18) months from the date of issuance.
(2) At the expiration of the special use permit, all temporary office structures shall be removed from the site and the site shall be restored to its former condition with the exception of any public improvements which have been added.
(3) The applicant may reapply at least thirty (30) days before the expiration date of the special use permit for a continuation of the permit. The director of planning and community development may grant one (1) extension of an additional six-month period after consideration of the applicant's request for an extension. Any subsequent request for an extension shall be subject to review and approval by the planning commission. Requests to allow the office structure to remain as a permanent structure are subject to a subsequent site plan review, which must be in compliance with all applicable development and building codes and procedures.
(4) Submittal requirements for the special use permit are as listed under section 4-7 of this chapter; submittal requirements for site plan review are listed under section 10-10-1 of this chapter.
(b) A site plan review is required with the submittal for the special use permit. Temporary office structures must meet all dimensional requirements set forth in this article for commercial parcels including setbacks, parking count requirements, signage, vehicular circulation areas, fences/walls, and traffic visibility. Some provisions for landscaping and parking lots have been modified with respect to the temporary use and are listed below. In addition to the modified requirements for landscaping and parking listed below, the following dimensional standards shall also be followed:
(1) Structure height shall be limited to one (1) story.
(2) No temporary structure shall be erected where it will adversely affect any means of exit.
(3) Temporary buildings or structures, when located within another building or structure, shall be of either noncombustible construction or of combustible construction having a fire resistance of not less than one (1) hour.
(4) Temporary structures shall be located at a distance of not less than ten (10) feet from another building or structure.
(5) All public improvements including street trees, curb, gutter and sidewalks shall be required.
(6) For the term of the special use permit, the parking lot of a temporary office structure may be unpaved but the parking area must at least be covered with an all weather surface gravel and kept free of exposed areas of dirt. Any potential erosion must be contained on site through site design methods.
(7) Parking lots for temporary office structures shall be exempt from the landscaping requirements of section 10-2-1 of this Code.
(8) The landscaping requirements shall be waived for the temporary use, however, vegetative ground cover shall be established in all areas not covered by the building, pavement or gravel.
(9) If the temporary use is allowed to continue beyond the two-year period, full compliance with article of the Land Use and Development Code shall be required for the extended use, including permanent foundation, all landscape details and parking lot requirements.
(c) The temporary office structure shall be compatible in intensity, characteristics and appearance with existing land uses in the immediate vicinity of the temporary use. The area surrounding the temporary structure shall not be adversely affected by the structure or the use associated with it. A temporary office structure in a design review district must be reviewed and approved prior to special use permit approval by the appropriate review board.
(d) Temporary office structures must meet building and fire code regulations of a permanent structure unless stated elsewhere herein.
(1) A permanent foundation is not required but a foundation engineered to support the structure must be approved.
(2) No mobile homes shall be allowed for office use due to their lack of proper floor loading levels required by the building code for office use. Trucks, truck trailers, vans or other passenger vehicles shall not be used for storage, warehousing, retail sales or service or offices.
(3) Modular structures are allowed but must meet building code standards for accessibility, floor load, snow load, safety, etc.
(4) A certificate of occupancy is required before use of a newly placed structure.
(e) Approval of any temporary structure shall not be construed as a waiver or variance from any provision of any city, state, or federal laws, which might be applicable to the subject property.
(f) The applicant shall post a bond sufficient for the cost of the removal of the temporary office structure. The bond shall be placed prior to the issuance of the special use permit.
(g) Violations to this section of code are subject to the remedies described in article 14 of the land Use and Development Code.
(Ord. No. O-2003-31, § 1, 9-16-03)
10-1-23 Recreational vehicles.
Recreational vehicles, as defined in this code, shall comply with the following:
(a) Recreational vehicles may not be stored in the public right-of-way.
(b) It shall be unlawful for any person to occupy any recreational vehicle for residence, custodial residence, security, business, or other purposes, except upon a designated space within a duly licensed mobile home park, or recreational vehicle campground or resort, unless specifically otherwise provided in this code.
(c) Any connection of a recreational vehicle to utilities, including, but not limited to, water, sewer and electricity, is prohibited, except to perform routine maintenance or repairs, unless it is located in a duly licensed mobile home park, recreational vehicle campground or resort, or another location specifically provided for in this code.
(Ord. No. O-2003-38, § 2, 11-4-03)
10-1-24 Live-work units.
A live-work unit is a structure or portion of a structure combining a residential living space with an integrated workspace principally used by one (1) or more of the residents. The workspace is secondary or accessory to the primary residential use. Such uses are regulated in order to assure that there will be no negative impacts on adjacent residential uses/areas.
(a) Live-work units shall only be considered as a part of a planned development, and all of the following development/performance standards shall be satisfied:
(1) Property must be designated as Residential Medium Density, Residential High Density, Mixed Use, or Multiple Use on the City Comprehensive Plan's Future Land Use map.
(2) The unit must be occupied by the owner or manager of the business.
(3) No more than two (2) outside employees and two (2) customers are allowed on the property at any one (1) time.
(4) The use shall not generate excessive pedestrian or vehicular traffic beyond that normal to residential areas.
(5) The use shall not involve the use of commercial vehicles for delivery or pickup of materials or equipment to or from the premises beyond that normal to residential areas. The planning commission may grant an exception with a condition regulating the frequency, days of the week and hours of delivery/pickup.
(6) Storage of materials and/or supplies must be indoors.
(7) Commercial vehicles (including, but not limited to, trailers and commercial trucks and equipment) shall only be parked on-site and in an enclosed garage.
(8) All associated business activity must take place indoors; no outside operations will be allowed.
(9) The use may not generate noise, odors, or other environmental impacts that may disrupt occupants located in the residential area surrounding the use.
(10) Parking must be provided in accordance with section 10-2 of Chapter 27 of this Code. Shared parking can be considered in accordance with section 10-2-1 (e) of this Code.
(11) Limited retail functions, in conjunction with artists' joint living and working units, may be approved if determined to be compatible with surrounding uses subject to the following conditions:
a. The retail use shall be limited to the display and retail sale of works created in that unit;
b. Retail space shall not occupy more than ten (10) percent of the gross floor area of the unit; and
c. A minimum of one (1) parking space shall be available for customers.
(12) A business license shall be required for all live-work units.
(13) The structure shall comply with all applicable building and fire codes.
(14) Any other conditions/requirements of the approved planned development agreement shall be applicable.
(Ord. No. O-2004-28, § 1, 8-17-04)
10-1-25 Work-live units.
A work-live unit is a structure or portion of a structure that is used jointly for commercial and residential purposes, where the residential use of the space is secondary or accessory to the primary use as a place of work. Such uses are regulated in order to assure that there will be no negative impacts on adjacent commercial uses/areas.
(a) Work-live units shall only be considered as a part of a planned development, and all of the following development/performance standards shall be satisfied:
(1) The property must be designated as Mixed Commercial/Light Industrial, Multiple Use or Commercial Use on the City Comprehensive Plan's Future Land Use map.
(2) Units must be occupied by the owner of or someone employed by the business.
(3) Development must include amenities for the residents, including, but not limited to, outdoor seating area and play area.
(4) Parking must be provided in accordance with section 10-2 of Chapter 27 of this Code. Shared parking can be considered in accordance with section 10-2-1 (e) of this Code.
(5) The structure shall comply with all applicable building and fire codes.
(6) Any other conditions/requirements of the approved planned development agreement shall be applicable.
(Ord. No. O-2004-28, § 2, 8-17-04)
10-1-26 Outdoor rooftop commercial activities. The location of outdoor rooftop commercial activities is subject to a discretionary review to meet the objectives of this section. The location of these areas may be subject to conditional use permit review and the additional requirements set forth in this section. All applicants are subject to the criteria listed in section 4-8 of the Land Use and Development Code.
(a) Purpose/goals: The purpose of this section is to establish guidelines for the siting of outdoor rooftop commercial activities. The goals of the regulations set forth in this section are to:
(2) Provide an appropriate review and permitting process.
(b) Applicability: This section shall apply to all outdoor rooftop activities on properties owned or leased by commercial enterprises in the city requiring a business license.
(c) Review process: Outdoor commercial rooftop activities shall be allowed only through a special use permit or conditional use permit. Any business in the CB (Central Business), LC (Light Commercial) or PB (Public) zone shall obtain a conditional use permit before outdoor operations can begin. Businesses in the HC (Heavy Commercial) and I (Industrial) zones are subject to special use permit review. Outdoor rooftop activities in conjunction with public or private catered and special events, such as wedding receptions, business receptions, catered events or special parties shall be subject to special permit review, with the exception of events in the PB (Public) zone, where a conditional use permit review shall be required.
Any such proposed use along Main Avenue in downtown Durango, or any proposed use directly adjacent to a residence, or abutting a residential zone shall be subject to conditional use permit review as specified in sections 4-6 and 4-9 of the Land Use and Development Code. If there is any discrepancy or circumstance which is not otherwise addressed by this section as to whether a condition use permit review of special use permit review is required, the planning director shall make such determination.
Any rooftop activity proposing to have live music shall also be subject to conditional use permit review. If a business has already been granted approval for rooftop dining or for special events through a special use permit, either because the use was permitted as an allowed use within the applicable zone or because the existence of such use and area predates the adoption of these rooftop commercial activity regulations, and live music is proposed, the condition use permitting process shall apply. Live music shall not be permitted when it is adjacent to residential uses, residential buildings or residentially zoned areas.
(d) Fees: Conditional use and special use reviews are subject to appropriate fees, as set forth in the Land Use and Development Code.
(e) Design standards: The design of rooftop areas must take all reasonable efforts to minimize the affect of noise, light and odor on adjacent properties and on the street and downtown area. Rooftop lighting shall comply with the city's outdoor lighting ordinance. Light sources, in addition to being horizontally cutoff and downcast, shall not be visible from a directly adjacent residence or residence separated only by a public street or alley.
(Ord. No. O-2006-28, § 2, 10-17-06)
10-1-27 Vacation home rentals.(a) Purpose/goals:
(1) Vacation rentals within the city have generated a considerable number of complaints involving excessive noise, overcrowding, illegal vehicle parking and accumulation of refuse at such locations. The transitory nature of occupants of vacation rental homes makes continued enforcement against the occupants difficult. The provisions of this chapter are necessary to prevent the continued burden on services and impacts on residential neighborhoods posed by vacation rental homes. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods in which they are located.
(2) Maintenance of Durango's existing residential neighborhoods is essential to its continued economic strength. It is the intent of this section to minimize the impact of vacation rentals on adjacent residences, and to minimize the impact of the commercial character of vacation rentals.
(b) Applicability:
(1) All requirements, regulations and standards imposed by this section are intended to apply in addition to any other applicable requirements, regulations and standards imposed elsewhere in this code.
(2) This section adds more detail to the permitting of vacation home rentals; it is not a new regulation. Vacation rentals have previously been regulated as tourist homes. This section will not allow previously illegally operated tourist homes to be grandfathered as legally nonconforming uses.
(3) With the adoption of the ordinance enacting this section, the term "Tourist Home" shall be replaced by "Vacation Home Rental" in the Land Use and Development Code.
(c) Location:
(1) Within all residential land use categories, no residential vacation rental shall be located within three hundred (300) feet of a parcel on which is located any other residential vacation rental or other type of visitor-serving accommodation, outside of the Light Commercial (LC) and Central Business (CB) land use categories, where there is no distance separation requirement.
(2) Vacation home rentals shall be allowed in Planned Development (PD) districts subject to the PD Amendment process, in accordance with section 6-5-7. Changing a PD to allow vacation home rentals shall constitute a major amendment to the PD.
(d) Vacation rental tenancy: Rental of a residence shall not exceed one (1) individual tenancy within seven (7) consecutive calendar days. No additional occupancy (with the exception of the property owner) shall occur within that seven-day period. A residential vacation rental shall only be used for the purposes of occupancy as a vacation rental or as a full time occupied unit. No other use (i.e., home occupation, temporary event) shall be allowed on the site.
(e) Number of occupants allowed: The maximum number of occupants allowed in an individual residential vacation rental shall not exceed the number of occupants that can be accommodated consistent with the on-site parking requirement, and shall not exceed two (2) persons per bedroom plus two (2) additional renters overall. The code administrator shall specify the maximum number of occupants allowed in each individual vacation rental.
(f) Appearance and visibility: The residential vacation rental is not to change the residential character of the outside appearance of the building, either by the use of colors, materials, lighting; or by the construction of accessory structures or garages visible off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas.
(g) Signs: Signage shall only be displayed in accordance with the requirements of subsection 10-1-12(a)(2)(c), for signage for home occupations. Signs shall not exceed two (2) square feet and shall be affixed to the structure (not free-standing).
(h) On-site parking required: All parking associated with a vacation home rental shall be entirely on the same lot as the vacation home rental, in the garage, driveway or otherwise out of the roadway.
(i) Noise: All residential vacation ren