DIVISION 25. MIXED-USE DISTRICTS

Sec. 59-480.01. Mixed use districts—General purpose, appropriate use and compatibility of uses and structures.

(1) General purpose. These mixed-use districts are enacted to provide for and encourage a compatible mix of uses, rather than a separation of uses, in accordance with the Denver Comprehensive Plan. The provisions of the mixed-use districts, OS-i, R-MU-20, R-MU-30, C-MU-b, C-MtY-20, C-MU-30, and T-MU-30 shall establish and define the uses of land and the siting and character of the improvements and structures allowed on the land in a manner that allows a balanced mix of uses in a pedestrian-friendly environment. The special review use and development plan review processes set forth herein and the associated rules and regulations will assure that adjacent uses are compatible and that design is of a high quality. Public amenities such as streets with detached sidewalks and tree lawns, parkways, parks, creek corridors, open spaces and direct access to permanent mass transit facilities should be used to organize private development. The director of planning may adopt rules and regulations relating to the design and siting of structures and uses to assure the compatibility of uses and high quality design.

All of the mixed-use districts provide a broad range of uses in order to encourage the development of diverse, interesting neighborhoods. R-MU districts are predominantly residential with neighborhood-serving retail shops, offices, restaurants, and services along more heavily traveled streets. C-MU districts are predominantly commercial. T-MU districts combine residential, office, civic and commercial uses and are primarily organized to provide users with good access to transit. In order to accomplish this goal, these districts must be proximate and accessible to a mass transit railway system station and must have a direct pedestrian connection to that station. All uses and structures will be sited and designed to be compatible with one another.

OS-I Open Space District. The OS-i district is intended for publicly and privately owned parks, open space, natural habitats, golf courses, and a limited range of other uses, such as public or private recreation centers and concessions, that may enhance the use and enjoyment of open space.

R-MU-20 Residential Mixed-Use District. The R-MU-20 district is primarily residential, allowing either single- or multiple-unit dwellings. Along collector or arterial streets, development may be either residential or mixed-use, combining residential with neighborhood-serving retail, office, or service uses. Commercial uses should be located on collector or arterial streets or in areas that already have commercial uses- No maximum residential density is prescribed; instead, the scale of buildings is determined by bulk plane, maximum height, setbacks, open space requirements, and parking ratios. The intent is to encourage a full range of housing types, including affordable housing.

R-MU-30 Residential Mixed-Use District. The R-MU-30 district is a primarily residential district allowing higher density multiple unit dwellings of a density appropriate to the center-city and other activity centers such as light rail transit stations. Supporting commercial

development, such as consumer retail and service uses and small-scale office uses, is encouraged to create a truly mixed-use environment. No maximum residential density is prescribed. Instead, maximum height, setbacks, and open space requirements determine the scale of buildings.

C-MU-1O Commercial Mixed-Use District. The C-MU-b district is the most restrictive of the commercial mixed-use districts, with the shortest list of allowed uses. It includes commercial uses appropriate for high-visibility locations such as employment centers and the intersections of arterial streets. The purpose of the district is to concentrate higher intensity commercial uses, spatially define streets, encourage higher site and building design standards, and create a more attractive pedestrian environment. Uses incompatible with this purpose, such as auto-related uses, industrial uses, and single-unit dwellings, are not allowed. All uses and structures will be sited and designed to be compatible with one another.

C-MU-20 Commercial Mixed-Use District. The C-MIJ-20 district provides for a mix of commercial, residential, and industrial uses along or near arterials or other high traffic streets. Site and building design will be of a quality that enhances the character of the streets. A wide range of commercial and residential uses are allowed, along with limited industrial uses. All uses and structures will be sited and designed to be compatible with one another

C-MU-SO Commercial Mixed-Use District. The C-MU-30 district provides for a wide range of commercial, office, retail, industrial, and residential uses that allow property owners the flexibility to respond to the long-term evolution of development trends. All uses and structures will be sited and designed to be compatible with one another.

T-lWU-3O Transit Mixed-Use District. The T-MU-3O district provides for urban development proximate to a mass transit railway system station to promote a mix, arrangement, and intensity of uses that support transit ridership and use of other transportation modes, especially walking. The arrangement of uses allows residents, workers, and shoppers to walk to transit and other destinations within the district. The T-MIJ-30 district allows the broadest range of uses and most development intensity The T-MU-30 district is intended for station areas with adequate land to create a viable transit-oriented development (TOD) and to transition to the surrounding community A T-MU-30 district must be proximate to a mass transit railway system station and have a direct pedestrian connection to that station. That point of a T-MU-30 district that is nearest to a mass transit railway system station shall be located no more than 1500 feet from the intersecting center lines of the tracks and adjacent passenger loading platforms.

(2) Appropriate use of mixed-use districts. Mixed-use districts should be used only when there is no other zone district that is more appropriate for the desired uses; there are or will be multiple uses, not just a single use, either in a single structure or on a single parcel; when the desired uses substantially conform with the mixed-use zoning requirements and extensive use waivers are not required; when it is anticipated that over time there will be a need and desire for flexibility; and when a higher level of design review is desired in order to mitigate potential impacts. Mixed-use districts may also be more appropriate when there is more than a single owner and when an appropriate planning framework is in place for the area which

includes the proposed mixed-use district. The director of planning may adopt rules and regulations relating to the appropriate use of mixed-use districts instead of other zone districts including PUDS. In addition, all applications to rezone land into a mixed-use district shall be submitted to the planning board. The planning board may make a recommendation as to the appropriateness of using a mixed-use district for the subject land to the zoning administrator.

(3) Compatibility All uses and structures shall be sited and designed to be compatible with one another To determine compatibility, a review, including but not limited to, the following characteristics of the uses and structures shall be conducted relative to other affected uses and structures: location, orientation, operation, massing, scale, and visual and sound privacy The director of planning may adopt rules and regulations relating to the compatibility of uses and structures based upon the above-listed characteristics.

(4) Integration with adjacent public infrastructure. The T-MU-30 districts shall be designed to integrate into the adjacent transportation system and maintain or exceed specific performance standards. These performance standards include: strong pedestrian connections to ensure the maximum benefits of the transit system; connectivity to existing roadways; multi-modal roadway design that accounts for each transportation mode; strategic locations of parking lots/structures; compatibility with the regional transportation system; and, minimization of impacts to local neighborhood streets.

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 598-99, eff. 8-13-99; Ord. No. 432-01, § 2, eff. 6-1-01; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.02. Enclosure of uses.

This section sets forth the types of enclosure required for each use.

(1) types of enclosure. The three (3) types of enclosures are:

a. Driue-up. A structure designed or operated to enable persons to receive a service or purchase goods while remaining within a motor vehicle.

b. Enclosed. A permanently roofed structure fully contained on all sides by solid exterior walls, which are pierced only by windows, vents or customary entrances and exits, excluding drive-up structures.

c. Unenclosed. A structure without a permanent roof or a structure that is not fully contained on all sides by solid exterior walls, is pierced only by windows, vents or customary entrances and exits, excluding drive-up structures, or where a use, other than open space, park or recreation, is conducted totally or substantially without structural containment.

(2) Application. Any permitted use or part of such a use conducted outside of a completely enclosed structure and all drive-up facilities shall be subject to the review process in accordance with section 59-430.04 (procedures for the review of nonindustrial special review uses and enclosure requirements). The standards set forth in section 59-430.04(7) (unenclosed uses and drive-up facilities; standards) shall be applied in reviewing the enclosure.

(3) Requirements for outdoor storage and waste disposal.

a. All outdoor storage of waste shall be enclosed by a fence, wall, hedge or other type of landscaping adequate to conceal such facilities from the adjacent property. Such enclosure shall meet fire department safety requirements.

b. Waste shall be contained and/or deposited in such a manner that natural causes or forces do not transfer it off the zone lot.

c. All wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

d. This provision applies to all residential uses: No flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks of fuel directly connected to heating devices or appliances located on the same zone lot as the tanks of fuel are excluded from this provision.

e. For all nonresidential uses, no flammable gases or solids, combustible or flammable liquids or explosives shall be stored above ground except for the following as permitted and regulated by the fire department:

1. Tanks or drums of fuel directly connected to heating devices or appliances located on the same zone lot as the tanks or drums of fuel;

2. Vaulted tanks;

3. Tanks containing compressed natural gas for the fueling of vehicles operated in association with a permitted use; and

4. LP gas dispensing units.

(4) Exceptions to use enclosure requirernent& Notwithstanding the otherwise applicable provisions, the following uses need not be enclosed: Automobile gasoline filling stations; agriculture uses; athletic fields; building contractors, heavy; cemeteries; concrete, asphalt, and rock crushing facilities; eating place small, from carts; husbandry; nurseries, plant; public or private park or open space; parking of vehicles; parking of vehicles, excess; and, sales lots for motor vehicles, recreational vehicles, trucks, and trailers.

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 432-01, § 2, eff. 6-1-01; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.03. Uses by right and special review uses.

(1) List of uses by right and special review uses.

(A) Denotes a use by right.

(SR) Denotes a use subject to special review. Nonindustrial uses shall be reviewed in accordance with section 59-430.04 (procedures for the review of nonindustrial special review uses), and industrial uses shall be reviewed in accordance with section 59-430.05 (procedures for the review of industrial special review uses).

ZONING—MIXED-USE DISTRICTS

MATRIX OF ZONE DISTRICTh AND USES

§ 59-430.03

ZONE DISTRICT LEGEND OS-i = Open Space and Public and Private Parks R-MU-20 = Residential Mixed Use R-MU-3O = Residential Mixed Use USE LEGEND: C-MIJ-1O = Commercial Mixed Use blank = Prohibited C-MII-20 = Commercial Mixed Use A = Permitted C-MU-SO = Commercial Mixed Use SR = Special Review T-MU-3O = Transit Mixed Use
Uses subject to industrial special review, Section 59410 ** Uses are listed alphabetically under Use Categories.
USE OS-i R-MU-20 ft-MU-SO C-MU-b C-MU-20 C-MU-SO T-MU-SO
(a) Residential Uses
1. Artist Studio; A A A	A	A
2. Abbey, Convent, Monastery, Priory, or A A A A other similar residence for clergy;	A	A
3. Fraternity or Sorority House; SR SR A A	A	A
4. Live/Work Residential; A A A A	A	A
5. Multiple Unit Dwelling; A A A A	A	A
6. Residence for Older Persons; A A A A	A	A
7. Rooming and/or Boarding House; and A A A A	A	A
8. Single Unit Dwelling. A A A	A
(b) Civic Uses
1. Ambulance Service; A	A
2. Child care Center; A A A A	A	A
3. Church or Religious Institution- Corn- SR SR A A munity Scale;	A	SR
4. Church or Religious Institution Neigh- A A A A borhood Scale;	A	A
5. Club or Lodge; A A A	A	SR
6. Community Center; SR A A A A	A	A
7. Fire Station; A A A A	A	A
8. Gallery; A A A A	A	A
9. Golf Course, not including Miniature A A A A Golf Courses;	A
10. Library; A A A A	A	A
11. Major Impact Utility; SR SR SR A	A	SR
12. Minor Impact Utility; SR SR SR A A	A	SR
ISMuseuma; SR SR A A A	A	SR
14. Office for Park Purposes; SR A SR A A	A	SR
15. Parks and Open Space; A A A A A	A	A
16. Police Station; SR SR A A	A	A
17, Postal Facility, Contract and Finance; A A A A	A	A
18. Postal Facility, neighborhood; SR SR A A A	A	A
19. Postal Processing Center; SR A	A
2OPublicOffice; A A A A A	A	A
21. School, Boarding; A A A A	A	A
.22. School, Elementary or Secondary; and A A A A	A	A
23. University or College SR A A A	A	A
(c) Commercial Uses

Supp. No. 74

408.5

§ 59-430.03

DENVER CODE

USE LEGEND: blank = Prohibited A = Permitted SR = Special Review	ZONE DISTRICT LEGEND OS-i = Open Space and Public and Private Parks R-MU-20 = Residential Mixed Use H-MU-SO = Residential Mixed Use C-MU-H) = Commercial Mixed Use C-MU-20 = Commercial Mixed Use C-MU-SO = Commercial Mixed Use T-MU-3O = Transit Mixed Use
Uses subject to industrial special review, Section 59-410 ** Uses are listed alphabetically under Use Categories.
USE		OS-i	R-MU-20	H-MU-SO	C-MU-1O	C-MiJ-2O	C-MU-SO	I-MU-SO
1. Adult Establishment;							A	A
2. Agriculture, Limited;		A			A	A	A
3. Airline Reservation Center;				A	A	A	A	A
4. Animal Care or Boarding;		SR					A	SR
5. Animal Sales or Service;			SR	A	A	A	A	SR
6. Automobile Gasoline filling Station;				SR		A	A	SR
7. Automobile Laundry or Polishing Shop;						A	A
S. Automobile, Motorcycle or Light Truck Sales, Leasing;							A
Sa. Automobile, Motorcycle or Light Truck Rental;							A	SR
9. Automobile Repair Garage;							A	SR
10. Banking and Financial Services;			A	A	A	A	A	A
11. Bed and Breakfast;			A	A	A	A	A	A
11.5 Brew Pub;				SR	A	A	A	SR
12. Building Contractors, General;						A	A
13. Building Maintenance Service;				SR		SR	A	SR
14. Building Materials and Supplies, Sales or Rental;						A	A
15. Business Equipment Sales or Service;				A	A	A	A	A
16. Business Support or Printing Service;				A	A	A	A	A
17. Clinic or Office, Dental or Medical;			A (Less than 5,000 square feet indi vidually and no mOre than 10,000 Square feet in aggre gate)	A	A	A	A	A
18. Commercial Food Preparation and Sales;				A			A	SR
19. Con,munications Service;				A	A	A	A	A
20. Consumer Retail, large Scale;				SR	SR	A	A	SR
21. Consumer Retail, Medium Scale;				SR	A	A	A	A
22. Consumer Retail, Small Scale;			A	A	A	A	A	A
23. Consumer Service, Large Scale;				SR		A	A
24. Consumer Service, Medium Scale;				SR	A	A	A	A
25. Consumer Service, Small Scale;			A	A	A	A	A	A

Supp. No. 74

408.6

MATRIX OF ZONE DISTRICTS AND USES’

ZONING—MIXED-USE DISTRICTS

§ 59430.03

MATRIX OF ZONE DISTRICTS AND USES’^t
^{USE LEGEND: blank = Prohibited A = Permitted SR = Special Review}	^{ZONE DiSTRICT LEGEND 05-1 = Open Space and Public and Private Parks R-MU-20 = Residential Mixed Use fl-MU-SO = Residential Mixed Use C-MU-to = Commercial Mixed Use C-MU-20 = Commercial Mixed Use C-MU-SO = Commercial Mixed Use T-MU-3O = Transit Mixed Use}
^{* Uses subject to industrial special review, Section 59-410} ^{** Uses are listed alphabetically under Use Categories.}
^USE	^OS-i	^R-MU-20	^R-MU-3O	^C-MU-b	^C-MU-20	^C-MU-SO	^T-MU-SO
^{26. Eating Place, Large;}			^A	^A	^A	^A
^{27. Eating Place, Small;}	^SR	^A	^A	^A	^A	^A
^{2&Flight Kitchen;}						^A
^{29. flight Training Center;}					^A	^A	^SR
^{30. Food Sales or market, Small;}		^SR	^A	^A	^A	^A	^A
^{31. Food Sales or Market, Large;}			^SR	^SR	^A	^A	^SR
^{32. Garden Supply Store;}			^SR		^A	^A
^{33. Hotel;}			^A	^A	^A	^A	^A
^{34. Husbandry;}	^SR
^{35. Laundry or Dry Cleaning, Commercial;}					^A	^A
^{36. Liquor Store;}			^A	^SR	^A	^A	^A
^{37. Mortuary;}					^A	^A
^{35. Motel;}			^A		^A	^A
^{39. Nursery, Plant;}	^SR				^A	^A
^{40. Office: Non-Dental or Non-Medical;}		^{A (Less than 5,000 square feet indi vidually and no more than 10,000 square feet in aggre gate)}	^A	^A	^A	^A	^A
^{41. Parking of Vehicles;}					^SR	^SR
^{42. Parking of Vehicles, Excess;}							^A
^{43. Recreation Services, Indoor;}	^SR		^SR	^A	^A	^A	^A
^{44. Recreation Services, Outdoor;}	^SR				^A	^A	^SR
^{45. Recycling Collection Station;}				^SR	^A	^A	^SR
^{46. Repair Service, Consumer;}		^SR	^A	^SR	^A	^A	^A
^{47. School, Vocational or Professional;}			^SR		^A	^A	^SR
^{4&School,VocationalorProfessional,SrnaJl;}			^A	^A	^A	^A	^SR
^{49. Sports or Entertainment Facility, Col-iseum or Exhibition Building;}			^SR			^A
^{50. Storage Services;}			^SR			^A
^{51. Terminal, Public Transportation, Inter-city;}						^A	^A
^{52. Terminal, Public Transportation, local;}			^A		^A	^A	^A

^{Supp. No. 74}

^4OSJ

§ 59-430.03

DENVER CODE

USE LEGEND: blank = Prohibited A = Permitted SR = Special Review		ZONE DISTRICT LEGEND OS-i = Open Space and Public and Private Parks R-MU-20 = Residential Mixed Use R-MU-S0 = Residential Mixed Use C-MU-b = Commercial Mixed Use C-MU-20 = Commercial Mixed Use C-MU-SO = Commercial Mixed Use T-MU-SO = Transit Mixed Use
Uses subject to industrial special review, Section 59-410 ** Uses are listed alphabetically under Use Categories.
USE	08-1		R-MU-20	fl-MU-SO	C-MU-b	C-MU-20	C-MU-SO	T-MU-3O
58. Theater, Indoor;				A	A	A	A	A
54. Theater, Studio;				A	SR	A	A	A
55. Trailer or Recreational Vehicle Sales, Leasing or Rental; and							A
56. Wholesale Sales.						A	A
(d) Industrial Uses
P Air Courier Services;							A
2. Aircraft maintenance and Repair Facil ity;
3. Asphalt and concrete Plant and Contrac-tors;							SR
4. Automobile Parts Recycling;							SR
5. Building Contractors, heavy;							A
6. Commercial Services;							A
‘7. Concrete, Asphalt, and Rock Crushing Facility;							SR
S. Manufacturing, Fabrication, and Assem-bly, Custom;					A~	A	A
9. Manufacturing, Fabrication, and Assem-bly, heavy;							SR
10. Manufacturing, Fabrication, and As-sembly, General;						A*	A
11. Manufacturing, Fabrication, and As-sembly, Light;						SR	A	SR
12. Recycling Plant;							SR
iS. Recycling Center;							A
14. Research, Development or ‘Thdinologi-cal Service;				M	A~	K’	Ac	K
15. Thrminal, Freight;							A
.16. Truck or Equipment Sales, Leasing or Rental;							A
17. Warehousing;						SR	A
18. Wholesale Trade, Light; and						SR	A	SR
19. Wholesale Trade, General.						SR	A

MAThIX OF ZONE DISTRICTS AND USES

(2) Separation of certain uses:

a. The following permitted uses shall not be established, operated or maintained within five hundred (500) feet of a residential district, a multiple-unit dwelling, a single-unit

408.8

dwelling, a churcfr a school meeting all the requirements of the compulsory education laws of the state, an arts education center, a learning center, an amusementlspecial interest park, a child care center, or a childrens indoor play center:

1. Adult amusement or entertainment;

2. Bookstore, adult;

3. Eating place with adult amusement or entertainment;

4. Photo studio, adult;

5. Sexually oriented commercial enterprise; and

6. Theater, adult.

b. For the purposes of section 59-430.03(2) only:

1. Learning center shall mean a commercial business that regularly provides on-site, specialized or intensive educational services or tutoring to persons under eighteen (18) years of age;

2. Arts education center shall mean a place where instruction is regularly provided to persons under eighteen (18) years of age in the fields of painting, drawing, sculpture, etching, craft work, fine arts, dance, drama, photography, music, martial arts, or other similar fields.

c. Not more than two (2) of the following permitted uses may be established, operated or maintained within one thousand (1,000) feet of each other:

1. Amusement center;

2. Adult amusement or entertainment;

3. Bookstore, adult;

4. Eating place with adult amusement or entertainment;

5. Photo studio, adult;

6. Sexually oriented commercial enterprise;

7. Theater, adult.

d. No liquor store or drugstore licensed to sell package liquors, not existing or operating on August 31, 1997, shall be established, operated, or maintained within one thousand (1,000) feet of another liquor store or drugstore licensed to sell package liquors.

e. In the R-MU-20 zone district, all enumerated civic and commercial uses shall be located not less than fifty (50) feet from the nearest boundary of any zone lot containing a single- or two-unit dwelling existing at the time of application for the civic or commercial use unless such civic or commercial use has been sited and designed to assure its compatibility with adjacent dwelling units. The adequacy of the siting and design for the purpose of achieving compatibility shall be determined by the zoning administrator.

C. The following industrial uses shall be located five hundred (500) feet or more from the nearest boundary of any zone lot containing a single- or two-unit dwelling existing at the time of application for the industrial use:

Aircraft maintenance and repair facility;

Building contractors, heavy;

Concrete, asphalt, and rock crushing facility;

Manufacturing, fabrication, and assembly, general;

Manufacturing, fabrication, and assembly, heavy; and

Recycling plant.

This five-hundred-foot spacing requirement may be reduced or eliminated by the zoning administrator, if an analysis of the proposed use, its siting, design, traffic generation, and other external effects indicate a reduced or elimii{ated separation will have no significant adverse impact on the nearby existing single- or two-unit dwelling.

g. The raising and/or grazing of livestock animals and any confinements for such animals shall be located not less than five hundred (500) feet from the nearest boundary of any zone lot containing a single- or two-unit dwelling existing on the date of application for the raising and/or grazing of livestock animals use. The five-hundred-foot spacing requirement shall not apply to any accessory residential dwelling units located on the same zone lot as the raising and/or grazing of the livestock animals.

li. No liquor store or drugstore licensed to sell package liquors, not existing or operating on the effective date of this provision (July 31, 2000), shall be established, operated, or maintained within one thousand (1,000) feet of a community corrections facility.

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 380-99, eff. 5-21-99; Ord. No. 598-99, efT. 8-13-99; Ord. No. 513, eff. 7-7-00; Qrd. No- 432-01, § 2, eff. 6-1-al; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.04. Procedures for the review of nonindustrial special review uses and enclosure requirements.

(1) Purpose. The following provisions are established to address special review uses. The special review process allows particular uses to be reviewed in accordance with specific standards, conditions, and restrictions. Some land uses have a nature or scale that significantly impacts both the immediately surrounding area and the entire community, which impact cannot be predetermined and which cannot be controlled by general zone district standards. There are also certain uses that, because of their unique characteristics, cannot be properly classified as allowed uses in a particular zone district, without consideration of both the potential impact of those uses upon neighboring land or public facilities, and the public need for that use at a particular location. The special review process provides for the accommodation of these types of uses subject to specific conditions that ensure compatibility of the use with the use and enjoyment of neighboring properties. The required enclosure of certain uses as set forth in section 59-430.02 also warrants a special review. The following general categories require review under the procedure set forth herein:

a. Uses publicly operated or traditionally associated with a public interest.

b. Uses entirely pdv~te in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

c. Uses wholly or partially conducted outside of a completely enclosed structure, and all drive-up facilities.

(2) Authority of the zoning administrator. The zoning administrator may approve, approve with conditions and restrictions, or deny any application for a special review use or for an enclosure requirement. Prior to approving an application for a special review use or enclosure, the zoning administrator shall find that the proposed special review use or enclosure complies with the standards herein prescribed.

(3) Application, how made. All applications for approval of a special review use or enclosure under this subsection shall be filed with the department of zoning administration by any person, or entity having an interest in the land for which a special review use or enclosure is sought.

(4) Application for special review use or enclosure, contents. The application for a special review use or enclosure shall be filed with the zoning administrator on a prescribed form. The application shall contain the following:

a. A legal description of the property, and a plan of the subject property, drawn at a scale of not less than one (1) inch per two hundred (200) feet, which shall show the location, arrangement, and extent, of the following where applicable:

1. Uses by type, including the gross acreage or square footage of each proposed use;

2. Structures or building envelopes by type of use, maximum height of structures, maximum gross floor area for each use, and land coverage of buildings and imperxQous areas;

3. Dimensions of separations between buildings, streets and other features;

4. Residential densities by housing type and maximum number of dwelling units;

5. Interior streets and drives, and parking areas;

6. Adjacent public streets and alleys;

7. Loading and outdoor storage areas and access thereto, including areas for storage of boats, campers, trailers and recreation vehicles;

8. Landscaped areas including typical materials;

9. Buffer areas and fencing; and

10. Treatment of sound, vibration, glare, radiation, fumes, and heat emission which will extend beyond the zone lot.

b. Any other information deemed necessary by the zoning administrator

(5) Referral for review.

a. Within seven (7) days after receipt of a complete application for a special review use or enclosure, the zoning administrator shall forward a copy of the application to:

1. Each member of the development review committee as established by section

59-619(a)(1);

2. The city council member(s) whose district contains the proposed special revrnw use or enclosure or is within two hundred (2a0) feet of the proposed special review use or enclosure; and

3. Others as deemed appropriate by the zoning administrator.

b. Within seven (7) days of submitting a complete application and using a notice form supplied by the zoning administrator, which notice shall explain the character, nature and operation of the proposed special review use or enclosure, and shall give directions for requesting additional information about the proposed special review use or enclosure and for submitting written comments to the zoning administrator within thirty (30) days after the date of the notice, the applicant shall:

1. Notify all of adjoining property owners and registered neighborhood organizations in accordance with section 4 1-19(g) (registration and notification of neighborhood organizations) of the Revised Municipal Code;

2. Noti~r the property owner, if the property owner is not the applicant; and

3. File a statement with the zoning administrator stating how and on what date such adjoining property owners and registered neighborhood organizations were notified.

c. Any person, registered neighborhood organization, council member, or others receiving the notice may request additional information from the applicant and the zoning administrator. All comments must be received by the zoning administrator within thirty (30) days after the date of the notice. The zoning administrator shall consider such comments in making the decision.

(6) Special review use, standards. No application for a special review use shall be granted by the zoning administrator unless the zoning administrator finds that all of the following conditions are met or can be met through conditions placed on approval of the application:

a. The establishment, maintenance, and operation of the special review use will not be detrimental to or endanger the public health, safety, or general welfare of the conlmunity;

b. The use and enjoyment of other existing uses on the surrounding property will not be substantially impaired by the establishment, maintenance, and operation of the special review use;

c. The establishment of the special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

d. The proposed special review use meets all of the applicable provisions of Chapter 59 (Zoning) and all applicable regulations;

e. The aggregate impacts of similar uses shall not result in harmful external effects or environmental impacts;

f. The special review use shall conform to all applicable regulations of the zone district m which it is located;

g. In a T-MU-30 district, the special review use shall be consistent with the GDP and shall enhance access to or use of multiple modes of transportation.

h. The proposed use shall be consistent with the purposes and objectives of the zone district in which it is located.

~. The proposed special review use shall be sited and designed to be compatible with adjacent uses;

j. The potential impacts of the proposed special review use will be adequately mitigated.

(7) Unenclosed uses and drive-up facilities; standards. Uses that are unenclosed or drive-up facilities shall be reviewed to determine the existence of detrimental external effects and/or environmental impacts including: traffic congestion or truck traffic on residential streets; air pollution caused by a stationary source; water pollution, surface and/or subsurface; radioactive emissions; toxic or hazardous materials and/or wastes; emission of noise, heat, glare, fumes, and/or odors; fire hazards; and visual pollution. In any T-MU-30 district, drive-up facilities associated with eating places shall not be allowed and all other drive-up facilities shall be enclosed and shall be considered uses requiring special review pursuant to subsection (6) of this section. No application for uses that are unenclosed or drive-up facilities shall be granted unless the zoning administrator finds that any detrimental external effects or environmental impacts and the aggregate impacts of similar uses that result in such harmful external effects or environmental impacts can be adequately mitigated. The zoning administrator may place conditions on the application to ensure such mitigation.

(8) Decision. The decision of the zoning administrator shall take into account any statements or written materials received from any interested parties and shall be based on the standards for review set forth herein. The zoning administrator shall approve the application, approve the application with conditions, or deny the application within forty-five (45) days after the completed application was received by the zoning administrator. The zoning administrator shall send the applicant a written notice of such decision.

(9) Additional requirements. The following shall apply to all special review uses:

a. Prior to the granting of a permit for a special review use or enclosure, the zoning administrator may place conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special review use or enclosure as deemed necessary to promote the public health, safety, and general welfare of the community.

b. No change in a structure containing the special review use or enclosnre, or change in the nature of the special review use or enclosure shall be permitted unless approved by the zoning administrator. The zoning administrator may approve for minor alterations or changes which are compatible with the original structure, use, or enclosure approved by the zoning administrator.

c. Apennit for a special review use shall become null and void twelve (12) months of the date of the~ decision of the zoning administrator, unless the use or enclosure begins operating, or a valid building permit is issued. The zoning administrator may extend the permit for the use by special review for additional time periods not to exceed a total of twelve (12) additional months.

d. No application for a special review use which has been denied by the zoning administrator shall be resubmitted for a period of one (1) year from the date of said denial unless the zoning administrator determines that the application contains substantial changes that address the reasons for denial of the application.

(Ord. No. 781-98, MY. 11-13-98; Ord. No. 432-01, § 2, MY. 6-1-01; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.05. Additional procedures for the review of industrial special review uses.

In addition to, but simultaneous with, the process for reviewing special review uses set forth in this division, industrial special review uses shall be subject to section 59-410 (procedure for the review of conditional uses).

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 432-01, § 4, eff. 6-1-01; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.06. Uses by temporary permit.

In the OS-i, R-IffU-20, R-MIJ-30, C-MU-TO, C-MU-20, C-MU-SO, and T-MU-3O districts, temporary uses shall he regulated by section 59-80(5) (uses allowed by temporary permit).

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 598-99, eff. 8-13-99; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.07. Accessory uses.

In the OS-i, R-MU-20, H-MU-SO, C-MU-b, C-MU-20, C-MU-SO, and T-MU-3O districts, accessory uses shall be regulated by section 59-80(6) (accessory uses).

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 598-99, eff. 8-13-99; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.08. Home occupations.

In OS-i, R-MU-20, R-MU-30, C-MU-la, C-MU-20, C-MU-SO, and T-MU-30 districts, home occupations shall be regulated by section 59-80(7) (home occupations allowed).

(Ord. No. 781-98, eff. 11-13-98; Ord. No. 598-99, eff. 8-13-99; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.09. Limitation on external effects of uses.

In the 05-1, R-MU-20, R-MU-30, C-MU-b, C-MU-20, C-MU-SO, and T-MU-30 districts, the limitations on external effects of uses shall be regulated by sections 59-81 (regulations on specific effects, uses and structures), and section 59-430.02 (enclosure of uses).

(Ord. No. 781-98, eff. 11-13.98; Ord. No. 598-99, eff. 8-13-99; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.10. Permitted structures.

The following are addressed in this section:

Zone lots for structures;

Required unobstructed open space;

Minimum and maximum setbacks for structures;

Permitted encroachments into required setback spaces;

Permitted fences; walls and retaining walls;

Bulk planes;

Maximum building heights;

Maximum gross floor area in structures; and

Required site improvements for industrial uses.

(1) Zone lots for structures. A separate ground area, herein called the zone lot, shall be designated, provided and continuously maintained for each structure containing a use or uses by right or by special review. Each zone lot shall have at least one (1) front line and may contain in addition to the principal structure one (1) or more subordinate structures containing only accessory uses. The zone lot for each structure used as a single-unit dwelling shall contain not less than four thousand (4,000) square feet; the zone lot for each structure used as a two-unit dwelling shall contain not less than six thousand (6,000) square feet; and the zone lot for each structure used for any other use shall contain not less than ten thousand (10,000) square feet. Notwithstanding the previous sentence, if qualifying under the provisions of article IV, chapter 27(affordable housing) the zone lot for each structure used as a single-unit dwelling shall contain not less than thirty-six hundred (3,600) square feet; the zone lot for each structure used as a two-unit dwelling shall contain not less than fifty-four (5,400) square feet; and the zone lot for each structure used for any multiple unit dwelling shall contain not less than nine thousand (9,000) square feet. Zone lots smaller than required by this section may be approved pursuant to section 59-430.11 (development plan review). Upon application to and approval by the zoning administrator, the boundaries and area of an existing zone lot may be amended if full compliance with all requirements of this chapter 59 can be maintained.

§ 59-430.10

DENVER CODE

(2) Required unobstructed open space. The zone lot for structures shall contain at least the following amounts of unobstructed open space:

Minimum Required Amounts of Unobstructed Open Space
Use	Amount
Single- or two-unit dwellings.	35 percent of the total zone lot area.
Residential structures containing three (3) or more dwelling units.	20 percent of the total zone lot area.
Structures containing 20 percent or more of the gross floor area of the building in residential uses.	20 percent of’ the total zone lot area.
Structures containing less than 20 percent of the gross floor area of the building in residential uses.	0 percent of the total zone lot area.
Structure complexes in the R-MIJ-30 zone district with an approved GDP.	May be reduced to 10 percent of the GDP area if open space is aggregated in one (1) area and is entirely useable open space. In no case shall the open space for single and two unit dwellings be reduced.
Structure complexes in a T-MU-30 zone district	10 percent of total zone lot area. May be transferred between zone lots within a GDP area provided the transferred area enhances the connection to transit facilities, plazas or streets, enhances the pedestrian environment, enhances or creates a public space, and is publicly accessible or a benefit to the neighborhood.