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.

Svpp. No. 74

408.17

§ 59-430.10

DENVER CODE

Uses	Front Setback Measured from front zone lot line	Side Setback measured from side zone lot line		Rear Setback
	Minimum setback	Minimum Setback		Minimum Setback mea sured from rear zone lot line or as noted
		2. On lots greater than 30 feet in width, all structures. except for detached accessory structures as regulated below, shall be set back according to their use as follows: (a) Structures de-signed or used, either wholly or partly, for residential occupancy (b) Any structure containing an accessory use	5 feet 5 feet		2. Attached or detached garage or carport with no alley With an alley and doors opening directly onto the alley With an alley but with no doors opening directly onto the alley.	5 feet 5 feet 0 feet

ZONING—MIXED-USE DISTRICTS

§ 59-430.10

	Front Setback Measured from front zone lot tine	Side Setback measured from side zone lot line		Rear Setback
			Minimum Setback measured
			from rear zone lot
Uses	Minimum setback	Minimum Setback		line or as noted
		3. Regardless of lot	3. Detached accessory structures
		width, detached
		accessory structures	and fixtures with
		may be located	no alley 5 feet
		as follows:	With an alley but
		(a) On lots 125 feet	with no doors
		or less in depth	opening directly
		with the accessory	onto the alley.... 0 feet
		structure located	Fixtures for the
		entirely on the	disposal of trash
		rear one-third of	and garbage 0 feet
		the lot and no part
		of such structure
		is more than 40 0 feet
		feet from the rear
		line
		(b) On lots more
		than 125 feet in
		depth with the
		accessory structure
		located entirely on
		the rear one-third
		of the lot and no
		part of such struc- 0 feet
		ture is less than
		85 feet from any
		front line of the
		zone lot

Maximum Gross Moor Area/Zone Districts

Maximum gross floor area is equal to five-tenths (0.5) of the area of the zone lot on which the structures are located (.5:1)

Maximum gross floor area is equal to the area of the zone lot on which the structures are located

(1:1)

Basic maximum gross floor area is equal to two (2) times the area of the zone lot on which the structures are located (2:1)

Basic maximum gross floor area is equal to five (5) times the area of the zone lot on which the structures are located (5:1).

(8) Maximum gross floor area in structures. Structures in C-MU and T-MU districts are controlled by gross floor area unless otherwise modified herein.

*NQTE: For an approved General Development Plan Area within a T-MU-30 zone district, the Maximum Gross Floor Area limit may be applied on an area-wide basis, provided that the area-wide Average Maximum Gross Floor Area shall not exceed the limit specified above. Any parking of vehicles, excess, shall be included in the calculation of gross floor area. For this purpose only, gross floor area for parking of vehicles, excess shall include all above grade parking spaces, drive aisles, and ramps; underground parking shall be excluded from the calculation.

(9) Required site improvements for industrial uses. Section 59-415 (required site improvements) shall be in full force and effect for all industrial uses.

(Ord. No. 380-99, eff. 5-21-99; Ord. No. 598-99, eff. 8-13-99; Ord. No. 432-01, § 2, elf. 6-1-01; Ord. No. 618-02, § 16, 8-9-02; Ord. No. 896-02, § 4, elf. 11-8-02)

Sec. 59-430.11. Development plan review.

(1) Applicability In the OS-i, R-MU-20, R-MU-30, C-MU-b, C-MIJ-20, C-MU-SO, and T-MU-30 districts, all construction of use by right or use by special review structures or additions to such structures shall be subject to the development plan review process, but not

the standards for approval, set forth in section 59-616 (special zone lot plans for planned building groups), and rules and the regulations promulgated thereunder. The review procedures, standards, and criteria set forth in this section 59-430.11 shall be applied during the development plan review process. At the applicants option, such review may be submitted concurrently with the site plan review process set forth in article VII (special zone lot plans for planned building groups). Any property that is subject to the design standards or design review procedures of an overlay district, is designated as a Denver Landmark Structure, or is within a designated Denver Landmark District, shall not be subject to the standards and review procedures set forth herein.

(2) Rules and regulations. The director of planning has the authority to adopt rules and regulations. for specific land areas establishing standards and guidelines and procedures for review of development plans based on the criteria set forth herein. Prior to the adoption of any rule or regulation, the director of planning shall forward the notice required under section 12-18 of the Denver Revised Municipal Code to all members of city council. City council members may submit comments on such rules or regulations as provided for in section 12-18 of the Denver Revised Municipal Code. Once adopted by the director of planning, such rules and regulations shall supercede the process, time frames, and application contents and criteria for design review, but not for the site plan review process set forth in article VII (special zone lot plans for planned building groups).

(3) Review. All structures shall be subject to the design criteria and standards, and the review procedures set forth herein or in the rules and regulations prior to issuance of a zoning permit.

a. Review process. Review shall consist of the following three (3) phases. Review phases may be combined or eliminated by the zoning administrator after consideration of a recommendation by the director of planning.

1. Pre-submittal conference. Prior to filing an application, the applicant and the planning office shall have a pre-submittal conference to discuss the application and process. The presubmittal conference may occur with the site plan presubmittal conference or at the site plan schematic phase described in the PBG/PUD site plan rules and regulations. Information about the proposed uses, project program, and building footprint should be provided for discussion.

2. Schematic (concept) design phase. The architectural schematic design application shall be submitted.

3. Design development phase. The architectural design development application shall be submitted.

Ii. Application, how filed, and notice. All applications shall be filed with the department of zoning administration. Such applications shall be reviewed for completeness and, if found to be complete, shall be transmitted to the planning office for review. The department of zoning administration shall also notify all registered neighborhood organizations in accordance with section 41-19(g) and the city council member(s)

whose district contains the proposed project or is within two hundred (200) feet of the proposed project, of all applications received for the schematic review phase for developments on sites equal to or larger than 10,000 square feet. Such council member or registered neighborhood association may request additional information and may submit written comments to the planning office within twenty (20) days after notice is sent.

c. Application, contents. Applications shall contain the following information:

1. Schematic (concept) design phase. Site plan and context photos of the site and immediately adjacent properties, building elevations, and other supporting information as requested;

2. Design development phase. Landscape plan, building elevations, building materials, facade details and treatments, all items required to make a determination of consistency for the schematic design phase, and other supporting information

· as requested.

d. Review, recommendation decision, and time frames. Review shall be conducted by the planning office.

1. Review at the schematic design phase shall be completed within thirty (30) days after the submission of a complete application to the department of zoning administration. The planning office shall consider any written comments received and make a determination of consistency of the application with adopted plans, the standards and criteria and any applicable rules and regulations and guidelines and shall identify additional design issues to be addressed in the design development phase.

2. Review by the planning office at the design development phase shall be completed within thirty (30) days after the submission of a complete application to the department of zoning administration. The planning office shall make a determination of consistency of the application with the adopted plans, standards and criteria and any applicable rules and regulations and guidelines and shall make a recommendation to the zoning administrator The zoning administrator shall have fifteen (15) days to approve, approve with conditions or deny the application after receipt of the determination by the planning office.

3. Review periods may be extended by an amount of time equal to any delay caused by the applicant, or with the applicant’s consent.

e. Standards and criteria. Development plan review shall be based on the following standards and criteria:

1. General criteria:

i. Continue Denver’s physical character, including mixed use development, access to parks and parkways, tree lined streets, detached sidewalks, interconnected street networks, and convenient access to parks, open space, and transit;

ii. Provide an adaptable and interconnected transportation system that encourages multiple modes of transportation, disperses traffic, and provides streets that accommodate multiple transportation modes including motor vehicles, transit, bicycles and pedestrians;

iii. Use man-made and natural features, such as open spaces, drainage corridors, parkways, streets and alleys, as development edges, transitions and

interconnections;

iv. Arrange residential, employment, retail, service, and open space uses to be convenient to and compatible with each other and with transit;

v. Create spatial definition of the streets with buildings and landscaping to promote pedestrian activity;

vi. Design early phases of development so as to promote long-term quality and character;

vii. Encourage housing in a range of densities, sizes, and types;

viii. Be consistent with an approved GDP, if applicable.

2. Site design criteria:

i. Locate, screen, and buffer service, storage, delivery and refuse areas to min]mize the view from streets, adjacent zone lots, and open spaces;

1]. Minimize the visual impacts of parking areas, parking structures, and residential garages on streets, open spaces, and adjoining development;

iii. Improve the efficiency of parking areas by allowing multiple uses to share parking spaces, curb cuts, and circulation drives; and

iv. Provide safe and attractive pedestrian and bicycle connections to building entries and public sidewalks within parking lots and transit facilities.

v. Site and design the use or utilize other technology to reduce potential adverse impacts between otherwise potentially incompatible uses.

vii. Incorporate required water quality and storm water management features into the overall site design.

3. Building design criteria:

i. Create buildings that provide human scale and interest through use of varied forms, materials, details, and colors;

ii. Provide architecturally finished and detailed elevations for all exposures of the building with the primary facade, typically the street-facing elevation,

having appropriate architectural expression;

iii. Provide a primary building entrance facing or clearly visible from the public sidewalk;

iv. Use durable materials that complement Denver’s tradition as a city of brick and masonry; and

v. Minimize the use of highly reflective glass, particularly at street level.

4. Transit Mixed-Use district criteria. In addition to the general, building design and site design criteria in subsections 1 through S above, the following criteria shall apply in T-MU districts:

i. Site buildings to emphasize or reinforce the relationship of the development to the transit facility.

ii. Provide a primary building entrance facing or visible to the transit facility or the primary pedestrian connection to the transit facility.

iii. Provide clear and adequate pedestrian connections and linkages between buildings and transit facilities, public rights of way and transit facilities, and between multiple modes of transit.

iv. Configure the site so that a clear, safe, and attractive pedestrian system, with the transit facility as an easily identifiable component, is the primary public element to which buildings are oriented.

v. Maximize pedestrian amenities near transit facilities and along the primary pedestrian connections to transit facilities.

vi. Arrange building uses, heights, and scaling devices to reinforce the station area core and to transition to adjoining areas

(Ord. No. 781-98, eff. 11-18-98; Ord. No. 880-99, eff. 5-21-99; Ord. No. 598-99, eff. 8-13-99; Ord. No. 432-01, § 2, efl. 6-1-01; Ord. No. 896-02, § 4, eff. 11-8-02)

Sec. 59-430.12. General development plan.

(1) Intent and general requirements. The intent of the General Development Plan (CDP) is to establish a workable framework for the development of large or phased projects. Major transportation, storm water, open space or land use issues within the GDP area shall be identified and a conceptual plan for addressing those issues shall be reviewed and approved by the appropriate development review committee (DRC) agencies as part of the GD?. A GD? shall integrate the anticipated land uses with the necessary infrastructure, including arterial and collector streets, drainage and water quality systems and all major utilities. Approval of a GDP will constitute approval of a master plan that will guide all future development within the area defined by the GD? A GD? may be used to establish a framework for development of single or multiple zone lots. Notwithstanding the size of the zone lot, if a proposed development in the OS-i, R-MU-20, H-MU-SO, C-MU-to, C-MU-20, or C-MU-SO districts, establishes or causes a change in the required arterial and collector street grid or an existing water drainage course, or aggregates required open space beyond a single zone lot, submittal and approval of a GD? to the department of zoning administration is required. Landowner(s), at their option, may elect to submit a GDP for their property in order to establish a coordinated development plan for the project area. For development in T-MU-30 districts, submittal of a GD? is required. The GD? application shall contain the information required in applicable rules and regulations promulgated by the director of planning.

(2) T-MU-3O GDP requirements. In addition to the requirements set forth in section 59430-12(1), all proposed developments in any T-MtI-30 district shall be required to submit a GDP with the following requirements:

a. Development program. The following information shall be submitted in narrative form:

1. Description of land use intent, including explanation of land use concept, preliminary concept of uses and ranges of square footage and locational distilbution, parking concept, public open space concept, and circulation concept of auto, bicycle and pedestrian and transit connections within the individual T-MEJ district and to other areas.

2. Ranges of proposed densities by use expressed as floor area ratio.

3. Description of density changes at the periphery of the T-MU district if needed to promote compatibility between the T-MU district and adjacent land uses.

4. Estimated sequence and estimated timing where known of project, public land and right-of-way dedications, site improvements, off-site improvements, and supporting facilities to be provided by public and private entities.

b. GDP submittal requirements. The following information shall be submitted in graphic form according to technical requirements established by planning office standards:

1. Illustrative plans, including circulation plans for vehicular, transit, bicycle, and pedestrian service.

2. Illustrative sketches, showing main building or site ingress and egress, and relationship of development to public amenities andlor open spaces.

3. Open space concept plan, showing both the general location and preliminary design character for the intended public and private open spaces and bicycles and pedestrian corridors.

4. Identification of those infrastructure, on and off-site improvements that are required to commence and complete the building program.

5. Preliminary utility plans and needed capacity for the site.
6. Preliminary plans for storm water detention/retention.

7. Preliminary traffic analysis that addresses trip generation, modal split, trip distribution, and level of service for internal and external intersections.

8. Proposed incorporation of existing structures in future development plans.

c. Design guidelines. Design guidelines maybe approved as part of a GDP.AGDP without design guidelines may be approved, but such guidelines shall be approved prior to issuance of a zoning permit for any development project within that individual GDP area.

(3) Review of GD? The zoning administration shall forward the completed GDP to the Development Review Committee (DRC) established by section 59-619(a)(1) and to the city council member in whose district the project is located and the at-large council members for review based on the “Schematic phase” portion of the rules and regulations adopted pursuant to section 59-619(a) (PBG rules and regulations).

(4) Waiver of specific submissions. Any information required by the PBG rules and regulations may be waived in writing by the zoning administrator on the basis that the information is not necessary to review the proposed GD?.

(5) Recommendation. The development review committee shall prepare, and the members of city council may prepare, recommendations to approve, approve with conditions or deny the application for GD? based on the criteria set forth in the PEG rules and regulations and the requirements of section 59-430.12(1) and, if applicable, section 59-430.12(2). If any member of the DRC or city council recommends denial or approval with conditions, the applicant may revise and resubmit the GDP to the DRC and to the city council member in whose district the project is located and the at-large council members. Recommendations shall be forwarded to the zoning administrator within thirty (30) days after final review of the GD?. The zoning administrator shall, within thirty (30) days following receipt of these recommendations, approve, approve with conditions or deny the application for GD? after reviewing such recommendations.

(6) Approval by planning board for T-MU-3O. The GDP for a T-MU-30 district, shall be submitted to the planning board for its approval. The land included in the GD? shall be posted for at least twenty (20) calendar days prior to the planning board meeting. The posted notices shall be in number, size and location as required by the department of zoning administration and shall indicate the boundaries of the property included in the GD?, the general uses allowed under the plan, the time and place of the planning board meeting, and any other information prescribed by the department of zoning administration. Posted notices shall be removed by the applicant from the subject area within fifteen (15) calendar days after said public meeting has been held, and failure to remove such notices in a timely manner shall constitute a violation of this chapter.

a. Meeting and notice. The department of zoning administration shall mail notices of the time and place of the planning board meeting to the following at least twenty (20) days before the date of the public meeting:

1. All owners of land included in the boundaries of the GD? other than the applicant;

2. Owners of contiguous property;

3. Registered neighborhood organizations on file with the planning office whose boundaries include any land in the T-MU-30 district or within two hundred (200) feet of any boundary of the ‘fransit-Mixed Use district; and

4. The city councilperson in whose district the property is located.

b. Planning board meeting A planning board meeting shall be held at which all persons shall have an opportunity to be heard. A decision of the planning board to approve, approve with stipulations, or deny the GDP shall be forwarded to the zoning administrator for action in accordance with such decision within ninety (90) calendar days after the receipt of the completed application by the department of zoning administration, unless the applicant consents to an extension of such time.

c. Criteria for review. The criteria for review of the GD? at the planning board meeting shall be:

1. Consistency with the Denver Comprehensive Plan;

2. Compliance with applicable codes, rules, regulations and standards of the development review committee or any agencies or entities with regulatory jurisdiction over the proposed GD? area; and

3. Consistency with any previously adopted design guidelines applying to the proposed GD? area.

d. Recording. Al] approved GDPs, and all approved amendments to such GDPs, when corrected by the applicant to include any stipulations imposed by the department of zoning administration, and a notice of such approved GD? or amendment specifying the land within its boundaries, shall be recorded in the real property records with a notation that all land within such boundaries shall be subject to the provisions of such GD? or amendment unless or until amended.

e. Major and minor amendments. An approved GD? may be amended at any time using the process set out herein, and may be amended simultaneously with the processing of a site plan application or a site plan amendment. The zoning administrator shall decide whether a proposed amendment is a ‘major or minor” amendment. h~ order to initiate an amendment, the applicant shall submit to the department of zoning administration those GDP submission items listed in subsections 59-430.12(2) that would change if the proposed amendment were approved. Review of applications for amendments shall be governed by those criteria set forth in subsection c of this subsection (6) above. Approved amendments shall be recorded as set forth in subsection d of this subsection (6) above.

1. Major amendments. Changes of the following types shall define an amendment as major. Major amendments shall be reviewed and approved using the process and criteria set out in subsections (6)a, b, c and d above.

1. Significantly modify or reallocate the allowable height, mix of uses, or density of a development; or

ii. Significantly alter the location or amount of land dedicated to parks, trails, open space, natural areas or public facilities; or

iii. Modify any other aspect of the GD? that would significantly change its character.

2. Minor amendments. Amendments that are not major amendments shall be termed ‘minor amendments’ and shall be referred to the director of planning for renew. The zoning administrator may also refer the application to other departments or agencies for comment using the process set out in subsection (3) of this section. After consultation with the director of planning, the zoning administrator shall approve, approve with stipulations, or deny such amendment within twenty (20) calendar days after the date of applicants submission of a complete application for amendment.

f. Effect of recorded plans. All GDPs and GDP amendments recorded under this division shall be binding upon the applicants and their successors and assigns and approving development review committee agencies, and shall limit and control the issuance of all zoning permits and certificates and the construction, location, use and operation of all land and structures included within the GDP or GDP amendment.

g. Requests for uses by special review. In areas where a use by special review is shown on the use chart in section 59,430.03, an applicant may request approval of such use by special review as part of a GD? application or amendment. After review of the request for uses by special review, the planning board shall make a recommendation to the zoning administrator of approval, approval with stipulations, or denial of each requested use based on the standards provided in section 59-430.04(6X

(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. 59-430.13. Permitted signs.

Sections 59-536 through 59-545 (signs) shall apply except as modified in this section. -

(1) Conditions on signs subject to a permit:

a. Signs may be erected, altered and maintained only for and by a use by right or use by special review in the district in which the signs are located; shall be located on the same zone lot as the use by right or use by special review and shall be incidental, customary and commonly associated with the operation of the use by right or use by special review. All signs shall be designed to minimize glare and with appropriate lighting levels so as to be compatible with the mixed use nature of the zone district.

b. Signs for a single-unit dwelling shall be subject to those conditions set forth in section 59-547 (signs permitted in the RS-2, RS-4, R-0, R-1, R-X and P-i districts).

c. Signs for multiple-unit dwellings shall be subject to those conditions set forth in section 59-548 (signs permitted in the R-2, R-2-A, R-2-B, R-3-X, H-S and H-i-A districts), except that the permitted maximum height above grade for ground or pedestal signs shall be six (6) feet.

(Ord. No. 1024-02, § 20, eff. 12-20-02)

d. Signs on all zone lots in the R-MU-20, R-MU-30, C-MIJ-1O, C-MU-20, and T-MU-30 districts containing any nonresidential use by right or special review use shall be subject to those conditions set forth in section 59-550 (signs permitted in the H-2, B-a, B-S-A, 1-0 and Cherry Creek North ((CNN) districts), except as follows:

1. Permitted sign types shall include wall, window, arcade, ground or pedestal.

2. Permitted maximum height above grade:

1. For ground or pedestal signs shall be twelve (12) feet;

ii. For window or arcade signs shall be fifteen (15) feet; and

iii. For wall signs shall be twenty-five (25) feet, except that one (1) hotel or major tenant sign is permitted below the roof line of the building to which the sign is attached; provided, however, that consumer retail, large scale uses are allowed up to three (3) wall signs below the roof line of the building to which the sign is attached.

e. Signs on all zone lots in the C-MU-SO and districts containing any nonresidential primary uses shall be subject to those conditions set forth in section 59-551 (signs pennitted in the B-A-2, B-A-3, B-A-4, 13-4, 13-7, 13-8, I-I and 1-2 districts), except as follows:

1. Permitted sign types shall include wall, window, arcade and pedestal.

2. Permitted maximum height above grade:

1. For ground or pedestal signs shall be sixteen (16) feet;

ii. For window or arcade signs shall be twenty-five (25) feet; and

iii.. For wall signs shall be thirty-five (35) feet, except that one (1) hotel or one (1) major tenant sign is permitted below the roof line of the building to which the sign is attached.

(2) Outdoor general advertising devices. Outdoor general advertising devices are prohibited throughout the OS-i, R-MU-20, R-MU-SO, C-MU-la, C-MU-20, C-MU-SO, and T-MU-30 districts.

(3) Common signage plan. If the owners or agents of two (2) or more zone lots in the OS-i, R-MU-20, R-MU-30, C-MU-lO, C-MU-20, and C-MU-SO districts include in the site plans for each such zone lot a common signage plan conforming to applicable regulations, and all such included zone lots are contiguous disregarding intervening streets and alleys, then a twenty-five (25) percent increase in the maximum total sign area shall be allowed for each such zone lot. A common signage plan shall be required for GDP areas in a T-MU-30 district. All way-finding signage shall be exempt from the calculation of allowed signage. Once adopted, such common signage plan may be amended only with the written consent of the owners of all zone lots included in the common signage plan. Such common signage plan shall be subject to such reasonable restrictions as to location and organization as the zoning administrator may require to promote public safety, reduce visual clutter and increase visual interest.

(4) Projecting signs and graphics. Projecting signs and graphics shall be permitted if the zoning administrator finds that the approved development meets any one (1) of the following conditions:

a. The approved development is at least one (1) block in length and contains at least three (3) consumer retail, small, and/or consumer service, small and/or eating place uses;

b. The approved development is a multiple-story building containing three (3) or more consumer retail and/or eating place uses located in the ground floor with residential uses located in the second story and above;

c. The approved development surrounds a publicly accessible pedestrian mall or town square open space on at least two (2) sides.

d. The approved development is in a ¶17-MU-SO zone district.

(5) Criteria. Projecting signs and graphics shall comply with rules and regulations governing size and placement which have been adopted based on the following criteria:

a. Must be compatible with and an enhancement of the character of the surrounding district and adjacent architecture when considered in terms of scale, color, materials, lighting levels, and adjoining uses;

b. Must be compatible with and an enhancement of the architectural characteristics of the buildings on which they appear when considered in terms of scale, proportion, color, materials and lighting levels;

c. Must be appropriate to and expressive of the business or activity for which they are displayed;

d. Must be creative in the use of unique two- and three-dimensional form, profile, and iconographic representation; employ exceptional lighting design and represent exceptional graphic design, including the outstanding use of color, pattern, typography and materials; and

e. Must be of high quality, durable materials appropriate to the physical demands of the setting.

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

Sec. 59.430.14. Off-street parking requirements.

The provisions of article V of this chapter on off-street parking requirements shall be in full force and effect in the OS-i, R-MU-20, R-MU-30, C-MU-b, C-MU-20, C-MU-SO, and T-MU-3O districts, except as modified by this section.

(1) Reduction a/parking spaces. In all mixed-use zones with the exception of the T-MU-30 zone district, the number of off-street parking spaces for uses and structures located within one-fourth (‘/4) mile of the outer boundary of a rail transit station, a regional or urban ten-minute bus corridor or within one-half (‘/2) mile of the B-S or B-i zone districts may be reduced where, in the opinion of the zoning administrator, residents, employees, customers or

visitors will use the transit system or will walk to their destinations. The zoning administrator shall not reduce the number of required off-street parking spaces by more than twenty-five (25) percent.

Within an area with an approved GDP for a T-MU-30 district, an area-wide twenty-five (25) percent reduction in the number of required parking spaces shall be granted. The parking reduction may be increased as hereinafter provided:

a. Reductions of twenty-six (2 6) percent to fifty (50) percent. In order to obtain a reduction in the number of required parking spaces of between twenty-six (26) percent and fifty (50) percent, information supporting such a reduction in the form of shared parking analysis, trip reduction strategy or transportation management plan shall be included in the approved GD? All registered neighborhood organizations within two hundred (200) feet of the development for which this level of reduced parking is requested and the city council member in whose district the project is located and the at-large council members shall be notified of the application for reduced parking. Such registered neighborhood organizations and council members may request additional information. Any comments on the application shall be submitted in writing to the zoning administrator within twenty (20) days of receipt of the notice.

b. Maximum reduction. The total number of parking spaces required on an area-wide basis shall not be reduced by more than fifty (50) percent.

c. Disabled parking. The number of spaces required for persons with disabilities shall not be reduced.

(2) Special plan for shared parking. In all mixed-use zone districts, the zoning administrator may authorize a reduction in the number of required parking spaces for multiple-use developments or for uses that are located near one another and which have different peak parking demands and operating hours. Approval of a special plan for shared parking shall be subject to the following standards:

a. Location. Shared off-street parking spaces shall be located no further than six hundred (600) feet from all the buildings and uses they are intended to serve. The separation shall be measured perpendicularly from the nearest point of the buildings or uses to the nearest point of the zone lot containing the shared off-street parking spaces.

b. Shared parking analysis. A parking analysis acceptable to the zoning administrator shall be submitted which clearly establishes that uses will make use of the shared spaces at different times of the day, week, month, or year. The study shall:

1. Address the intensity and type of activities, the composition of uses; hours of operation of the uses; the rate of turnover for proposed shared spaces; distances of shared parking spaces from the uses they serve; availability of embedded on-street parking spaces in the public rights-of-way; and the anticipated peak parking and traffic loads for the site; and

2. Consider the availability of transit facilities and modes of available transit serving the site including both public and private transit (e.g., car and vanpooling).

c. Maximum reduction. The total number of parking spaces required for each use shall not be reduced by more than fifty (50) percent.

d. Disabled parking. The number of spaces required for persons with disabilities shall not be reduced.

e. Applications, how made and contents. All applications for approval of a special plan for shared parking hereunder shall be filed with the department of zoning administration by the owners of the entire land area to be included within the special plan, and the owners of all structures then existing on such land area; shall contain sufficient evidence to establish to the satisfaction of the department that the applicants are the owners of the designated land and structures; shall contain such information and representations required by this subsection or deemed necessary by the department, and shall include plans showing the following details:

1. The location of the uses by right or structures for which off-street parking space is required;

2. The location of off-street parking spaces; and

3. A landscape plan as required by section 59-585(10) (use and maintenance of off-street parking space; landscape plan).

f. Review of application. All applications hereunder shall be reviewed by the zoning administrator and either approved, approved with conditions or denied.

g. Approved plan registered and recorded. Upon approval of a special plan hereunder, a copy of such plan shall be registered among the records of the department of zoning administration and a copy of such plan, or such other record thereof as deemed ptoper by the department shall be recorded by the department of zoning administration with the Denver clerk and recorder.

h. Effect of registered and recorded special plan. Ml special plans registered and recorded hereunder shall run with the land, be binding upon the applicants for such special plans, their successors and assigns, and shall restrict and limit the use and operation of all land and structures included within such special plan to all conditions and limitations specified in such plan and the approval thereof. No zoning use permits shall be issued unless such uses comply with all the conditions and limitations of the approved special plan.

Amendment of registered and recorded special plans. All special plans registered and recorded hereunder may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved, registered and recorded.

§ 59-430.14

DENVER CODE

j. Withdrawal of registered and recorded special plans. Upon application to the department of zoning administration by the owners of the entire land area included within any special plan registered and recorded hereunder, and the owners of any structures then existing thereon any such plan may be withdrawn, either partially or completely, from registration and released from recording if all uses, land and structures remaining under such plan can be made to comply with all conditions and limitations of the plan and all uses by right, land and structures withdrawn from such plan can be made to comply with all regulations established by this chapter 59 and unrelated to any special plan. Upon approval of the withdrawal of an application hereunder, the department of zoning administration shall register among its records and record with Denver clerk and recorder an appropriate certificate of such withdrawal.

(8) Required off-street parking spaces. All uses shall provide at least the number of off-street parking spaces set forth below, provided that, upon qualifying under the provisions of Article TV, Chapter 27 (Affordable Housing), a twenty (20) percent reduction in the total number of required parking spaces shall be granted. This shall be calculated by first calculating the number of parking spaces otherwise required, multiplying that figure by eight-tenths (0.8) and rounding up to the nearest whole number, however in no event shall the total number of parking spaces required for each use be reduced more than fifty (50) percent. All off-street parking spaces hereinafter required shall be designed in accordance with the dimensions set out in chart no. 1, off-street parking, which chart follows section 59-595. In a 17-MU-SO district with an approved GDP, parking may be provided on a GDP-area wide basis, rather than on a zone lot basis.

REQUIRED OFF-STREET PARKING AMOUNT BY USE
Use Amount of Off-Street Parking Required
(a) Residential Uses
1. Artist Studio	1.0 space for each unit;
2. Abbey, Convent, Monastery, Priory, or other similar residence for clergy	1.0 space for each 600 square feet of gross floor area;
3. Fraternity or Sorority House	1.0 space for each 300 square feet of gross floor area;
4. Live/Work Residential;	2.0 space for each dwelling unit and 1.0 space for each employee not residing in the dwelling unit;
5. Multiple Unit Dwelling;	2.0 space for each dwelling unit in a multiple unit dwelling containing three or more bed rooms; 1.5 spaces for each dwelling unit in a multiple unit dwelling containing two bed rooms; 1.0 spaces for each dwelling unit in a multiple unit dwelling containing one bed room or each studio unit;
6. Residence for Older Persons;	1.0 space for each 3 dwelling units;

	Front Setback Measured from front zone lot line	Side Setback measured from side zone lot line		Rear Setback
			Minimum Setback mea
			sured from rear zone lot
Uses	Minimum setback	Minimum Setback		line or as noted
Residential struc-	10 feet. Provided,	1. On lots 30 feet	1. Use by right or
tures or structures	however, that if	in width or less,	use by special re
containing more	the front setbacks	all structures, ex-	view structure
than 50 percent	of the residential	cept for detached	with no rear alley. 20 feet
gross floor area in	structure abutting	accessory struc-	With an alley, set-
residential uses	on either side of	tures as regulated	back measured to
	the proposed	below, shall be set 3 feet		alley centerline . . 20 feet
	structure are	back
	greater than 10
	feet, the mimmum
	front setback of
	the proposed
	structure shall be
	the average of the
	front setbacks of
	the abutting struc
	tures. The mini
	mum front setback
	for garages facing
	directly on to the
	street shall be 20
	feet from the back
	of the sidewalk.

	Front Setback
	Measured from Side Setback measured front zone lot line from side zone lot line Rear Setback
		Minimum Setback mea
mired from rear zone lot Uses Minimum setback Minimum Setback line or as noted
Nonresidential 0 feet with no en- (1)Abutting a zone (1) Structures con-uses or residential encroachments into lot designed or taming utilities structures right-of-way on used for a single which do not have with round floor ground floor or two-unit dwell- a rear entrance.. 0 feet commercial ing 50 feet Structures con (2)Abutting a zone taming utilities lot designed or which have a rear 5 feet used for any other entrance residential use.. . 10 feet
Structures adjacent Comply with the Comply with the Comply with the cent to residential setback requirements setback requirements with setback zone districts of such ad- of such ad- the set- of such adjacent residential back rezone district






Parking lots 5 feet 5 feet
b. Within an individual T-MU-30 district area for which a GD? has been approved, setbacks shall be based upon the Transit Mixed-Use District zoning standards and the individual Transit Mixed Use distrietra GD?, which defines additional setback requirements based upon use, location, character, and sidewalk dimensions. If not specified, the setbacks for structures provided in the Minimum Setbacks chart in 59-430.10(3)a. above shall apply.
(4) Permitted encroachments into required setback spaces: The following are permitted encroachments into required setback spaces:
	Permitted encroach- Permitted encroachment
into Front Set- Permitted encroachment into Rear Set- Architectural Feature back ment into Side Setback back
(a) All Mixed Use Zones

Architectural Feature	Permitted encroachment into Front Setback	Permitted encroachment into Side Setback	Permitted encroachment into Rear Set-back
1. Belt courses, sills, lintels and pilasters.	18 inches	18 inches	18 inches
2. Cornices, eaves and gutters	5 feet	5 feet	5 feet
3. Outside stairways	5 feet	5 feet	3 feet
4. Access ramps for the handicapped.	May encroach into any required building set-back space, provided no alternative location is available.	May encroach into any required building set-back space, provided no alternative location is available,	May encroach into any required building set back space, provided no alternative location is available.
5. Un-walled porches, terraces and balconies.	5 feet (porch steps may encroach an additional two (2) feet into the setback so long as three (3) feet is retained between the back of the sidewalk and the bottom step)	5 feet	5 feet
6. Chimneys six (6) feet or less in width.	18 inches	18 inches	18 inches
7. Building accessories designed and intended to control light entering a structure and being a permanent part of such structure (excluding projecting windows).	5 feet	5 feet	5 feet
8. Building accessories designed and intended to control light entering a structure, not a permanent part of such structure or attached to a load-bearing member of such structure.	May project any distance into any setback space.	May project any distance into any setback space.	May project any distance into any setback space.

Architectural Feature		Permitted encroachment into Front Set-back	Permitted encroachment into Side Setback	Permitted encroachment into Rear Set back
9. Any structure or part thereof which is below the grade of any set-back space.		May project any distance into any setback space.	May project any distance into any setback space.	May project any distance into any setback space.
10. Gas and electric meters if screened on all sides by a masonry wall.		8 feet	3 feet	3 feet
11. Utility pedestals, transformers or other similar equipment pro-viding they do not exceed a height of four (4) feet.		May project any distance into any setback space.	May project any distance into any setback space-	May project any distance into any setback space.
(b) Residential Mixed Use Zones Only
Basketball goals on a fixed post	May project any distance into any setback space.		May project any distance into any setback space.	May project any distance into any setback space.

Maximum Permitted Building Heights
Zone District	Height (in feet)
os-i	30 feet
R-MU-20	55 feet
R-MIJ-30	140 feet
T-MU-30	220 feet
Single- and two-unit dwellings located in any zone district	85 feet, subject to the bulk plane limitations in section 59-430.10(6) above

REQUIRED OFF-STREET PARKING AMOUNT BY USE
Use	Amount of Off-Street Parking Required
7. Rooming and Boarding House	1.0 space for each 300 square feet of gross floor area;
8. Single Unit Dwelling	1.0 space for each single unit dwelling located on a public or private street thirty (30) feet or more in width; 2.0 spaces for each single unit dwelling located on a public or private street less than thirty (30) feet in width;
(b) Civic Uses
1. Ambulance Service;	1.0 space for each 300 square feet of gross floor area
2. Child Care Center;	1.0 space for each 600 square feet of gross floor area
3. Church or Religions Institution - Community Scale	An area equal to one-fourth (1/.,) the gross floor area in all structures containing the use by right or use by special review
4. Church or Religious Institution - Medium Scale;	An area equal to one-fourth (‘/4) the gross floor area in all structures containing the use by right or use by special review.
5. Club or Lodge;	1.0 space for each 300 square feet of gross floor area.
6. Community Center;	1.0 space for each 600 square feet of gross floor area.
7. Fire Station; .	1.0 space for each 300 square feet of gross floor area
8. Gallery 9. Library;	1.0 space for each 600 square feet of gross floor area.
10. Major Impact Utility; 11. Minor Impact Utility; 12. Museum	1.0 space for each 600 square feet of gross floor area.
13. Police Station; 14. Postal Facility, Contract and Finance; 15. Postal Facility, Neighborhood;	1.0 space for each 300 square feet of gross floor area
16. Postal Processing Center;	0.6 spaces for each employee
17. Public Office for Park Purposes; 18. Public Office;	1.0 space for each 300 square feet of gross floor area.

Use Amount of Off-Street Parking Required
1. Air Courier Services; An area equal to one-fourth (¼) the gross floor 2. Aircraft Maintenance and Repair Facility; area in all structures containing the use by 3. Asphalt and Concrete Plant and Contractors; right or use by special review.

4. Automobile Parts Recycling;
5. Building Contractors, Heavy;
6. Commercial Services;
7. Concrete, Asphalt, and Rock Crushing Facility
8. Manufacturing, Fabrication, and Assembly, Custom
; 9. Manufacturing, Fabrication, and Assembly, Heavy
; 10. Manufacturing, Fabrication, and Assembly General
; 11. Manufacturing, Fabrication, and Assembly Light

12. Recycling Plant;
13. Recycling Center; 14. Research, Development or Technological Service;
15. Terminal, Freight; 16. Truck or Equipment Sales, Leasing or 1.0 space for each 300 square feet of gross floor area. Rental; 17. Warehousing; An area equal to one-tenth (‘Au) the gross floor area in all structures containing the use by
right or use by special review. 18. Wholesale Trade, Light; and An area equal to one-tenth (1/~~) the gross floor 19. Wholesale Trade, General area in all structures containing the use by right or use by special review

Figure 1—Bulk Plane Limitations