Ordinance 2004-16

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Ordinance 2004-16

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O-2004-28

AN ORDINANCE

AMENDING SECTIONS 17-2-2, 17-5-15, 17-5-16, 17-5-17, 17-5-18, 17-5-19, 17-5-20, 17-5-21 AND 17-6-4 OF THE LAKEWOOD ZONING ORDINANCE

WHEREAS, it is necessary to update, clarify, and correct specific sections of the City of Lakewood Zoning Ordinance from time to time;

WHEREAS, it is necessary to add standards and definitions for the uses of Animal Day Care Facilities and Kennels;

NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:

SECTION 1. Subsection 17-2-2 (16) of the Lakewood Zoning Ordinance is hereby deleted.

SECTION 2. Subsection 17-2-2 (436) of the Lakewood Zoning Ordinance is hereby deleted.

SECTION 3. Section 17-2-2 of the Lakewood Zoning Ordinance relating to definitions is amended by the changes in existing terms and the addition of the following new terms and their definitions to be placed in alphabetical order within the current list of definitions and all subsections are renumbered accordingly:

Animal Day Care Facility: Any facility licensed by the State of Colorado where animals may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold or let for hire.

Veterinary Hospital: A facility for the care of sick or injured animals. Such facilities may include veterinarians' offices, administrative offices, space for examination, surgery, and recovery, and for boarding of animals while under treatment. Areas where animals are boarded during treatment may include outdoor runs, corrals or pasture if such areas are adequately sized and fenced.

Day Care Facility: See Child Care Facility, Animal Day Care Facility.

Grooming: See Animal Day Care Facility

SECTION 4. Section 17-5-15, Subsections (2)(3) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses: No building or land within the OF District shall be used and no building shall be hereafter constructed or altered, except for one or more of the following uses:

a) Principal Uses

1. Animal Day Care, indoor.
2. Art gallery (public and private non-profit), art studio.
3. Banks, savings and loans, and other financial institutions.
4. Business and professional offices.
5. Child and adult day care facilities.
6. Churches.
7. Colleges and Universities.
8. Community buildings.
9. Dance studio.
10. Dental clinic, laboratory.
11. Emergency health care facilities, other than ambulance service facilities.
12. Emergency, noncommercial, helipad.
13. General office uses, includes both public and private office uses.
14. Group living for elderly, and victims of domestic violence.
15. Hair care facilities.
16. Hospitals.
17. Irrigation ditches.
18. Medical clinics and medical laboratories.
19. Mortuaries, including cremation facilities.
20. Municipal buildings.
21. Museum (public and private non-profit).
22. Music, radio and television studios, excluding towers and antennae.
23. Newspaper offices.
24. Optical clinics and optical laboratories.
25. Outdoor civil defense public warning siren system.
26. Parking for automobiles of the clients, patients, patrons or customers of the occupants of adjacent commercial zone districts.
27. Pharmacies.
28. Post office, including drive-through facilities.
29. Printing facilities.
30. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
31. Private nonprofit recreational facilities.
32. Professional health facilities.
33. Public fire and police stations.
34. Public health clinics.
35. Public library.
36. Public parks.
37. Public recreational facilities.
38. Public transportation structures and facilities.
39. Public use facilities.
40. Residential health care facility.
41. Schools, public, parochial, and private.
42. Transit rights-of-way, including passenger stations.
43. Utility facilities.
44. Veterinary hospitals.
45. Vocational, Trade or Professional School.
Note: All uses require prior approval of a site plan pursuant to Article 15 of this Ordinance.

b) Accessory Uses

1. Any use permitted in the 1-C Zone District.
2. Amusement centers in public or non-profit recreational facilities.*
3. Buildings housing personnel employed on the grounds of a hospital.
4. Church parish house.
5. Dwelling unit for one household within an office building for occupancy by the owner or caretaker.
6. Emergency shelters.*
7. Keeping of household pets (see performance standards).
8. Off-street parking areas.
9. Private, noncommercial greenhouses.
10. Private, noncommercial swimming pools.
11. Residence for caretaker of public park or public recreation area.
12. Satellite dish antennas. See 17-12-2(2).
13. Storage sheds that are architecturally compatible with the principal building(s).*
* These uses require prior approval of a site plan pursuant to Article 15 of this Ordinance.

3) Special Uses: The following uses are permitted as Special Uses, subject to approval of a Special Use Permit, as provided for within Article 6 of this Ordinance:

a) Animal Day Care, outdoor.
b) Automobile rental/leasing.
c) Correctional institutions.
d) Government office building or any subsequent use of a building originally constructed for or used as a government office building, subject to the restrictions and regulations of the Office (OF) Zone District.
e) Group Living Quarters for the Handicapped, Care of Dependent/ Neglected Children, Temporary
f) Shelter of Homeless Persons, and Adult or Juvenile Offenders.
g) Historical buildings, structures and sites.
h) Trade and technical services.

5) Development Standards: All development within the OF zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.

ITEM STANDARDS FOR OF (OFFICE) ZONE DISTRICT
MAXIMUM BUILDING HEIGHT 60': principal structure
MAXIMUM LOT COVERAGE 75% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 25% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than twenty (20) feet nor more than fifty (50) feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than forty (40) feet from the back of curb of an adjoining street.0': if building code rated firewall, or5': if non-rated firewall with windows5': accessory buildings and structures5': loading dock, with approved screen wall20': required buffer for all structures and uses if adjacent to a residential zone district.
FENCES Front yard, primary and non-primary Side, Rear Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: front face of existing buildingType of fence: open, solidMaximum height: 72"Additional fencing standard for all uses permitted in the OF Zone District may be found in Article 8 of this Ordinance
PARKING General and medical officeOther 4 spaces per 1,000 square feet of gross floor area.Additional parking standard for all uses permitted in the OF Zone District may be found in Article 9 of this Ordinance

a) Lots:

1. No lot shall be reduced or diminished, nor shall any structure be so enlarged or moved, as to reduce below the minimum, the required yard, lot area, width of lot, open spaces, setbacks or other requirements of this zone district except where the Board of Adjustment grants a variance and the use of the remaining land within the zone district would not create a hazardous situation or be unreasonable.

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building or structure hereafter constructed or substantially altered within this zone district shall comply with the site plan regulations as set forth in Article 15 of this Ordinance.

b) Performance Standards:

1. No outdoor storage of materials, products, or goods of any kind is permitted within this Zone District. Enclosed accessory storage sheds or structures meeting the Design Controls of the City are permitted with an approved site plan and building permits, which may be utilized for such storage. No vehicles, trailers, or shipping containers shall be used as storage sheds or structures.

2. Regulation of Illumination on Private Property. In the interest of compatibility of surrounding land uses, illumination of any kind on private property shall be directed, screened and controlled in such a manner so that there shall be no direct rays of light which extend beyond the boundaries of the property from where it originates, and the bulbs producing such light cannot be seen from adjacent properties or rights-of-way. The poles used to support outdoor lighting fixtures shall be required to have a set back from adjacent property lines a distance equal to, or exceeding the height of the pole however, no setback is required from the property line which abuts a public right-of-way. It is not the intent of this Section to regulate illumination of public non-commercial recreation facilities.

3. In addition to other applicable regulations, uses in every zone district shall comply with the applicable regulations set forth in this Zoning Ordinance for setbacks, fences, walls, and obstructions, off-street parking of motor vehicles, display of signs, accessory uses, and flood hazards.

4. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than ten (10) percent of the total gross floor area on the property. No sign advertising said Accessory Use shall be visible from outside the building.

5. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

(c) The mobile home or other structure meets the requirements of the Building Code regarding construction, foundation, blocking and utilities, and such compliance is evidenced by issuance of a temporary certificate of occupancy for a period of one (1) year, with one renewal permitted but not to exceed a total period of two (2) years.

6. The keeping of household pets defined as regulated species shall not exceed a total of five (5) per household, except that no more than three (3) of any species shall be allowed. Servant animals shall be allowed in addition to household pets.

7. Animal Day Care Facilities must obtain a license from the State of Colorado and must meet the current State standards for indoor animal day care facilities as stipulated by this enforcement agency. The facility must control odor, dust, noise, waste management, drainage and security so as not to constitute a nuisance, safety hazard or health problem to adjoining property or uses.

8. Animal Day Care Facilities without outdoor facilities shall be allowed to take leashed animals outdoors for purpose of defecation and urination to meet all applicable municipal codes. These animals will not be allowed outdoors for any grooming, training, exercising, or socializing purposes.

SECTION 5. Section 17-5-16, Subsections (2)(3) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses No building or land within the 1-C District shall be used, and no building shall be hereafter constructed or altered, except for one or more of the following uses:

a) Principal Uses

1. Animal Day Care, indoor.
2. Art gallery, art studio.
3. Banks, savings and loans, and other financial institutions.
4. Child and adult day care facilities.
5. Churches.
6. Cold storage lockers, but not including slaughtering on the premises.
7. Colleges and Universities.
8. Community Buildings.
9. Dance studio.
10. Dental clinic, laboratory.
11. Display, service and sales of motorcycles, snowmobiles, mopeds and bicycles.
12. Drive-through car wash.
13. Emergency health care facilities, other than ambulance service facilities.
14. Emergency, noncommercial, helipad.
15. Garment work.
16. General office uses, includes both public and private office uses.
17. General retail uses except those listed in other specific zone districts.
18. Group living for elderly, and victims of domestic violence.
19. Hair care facilities.
20. Home service and appliance repair outlets.
21. Hospitals.
22. Irrigation ditches.
23. Market, including convenience and supermarkets.
24. Medical clinics and laboratories.
25. Mortuaries, including cremation facilities.
26. Motels.
27. Motor fuel filling and service stations, including those associated with food stores.
28. Municipal buildings.
29. Museum.
30. Music, radio and television studios.
31. Newspaper offices.
32. Optical clinics and laboratories.
33. Outdoor civil defense public warning siren system.
34. Package liquor stores, fermented malt beverage stores or outlets, and taverns.
35. Pharmacies.
36. Post office, including drive-through facilities.
37. Printing establishment.
38. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
39. Professional health facilities.
40. Public fire and police stations.
41. Public health clinics.
42. Public library.
43. Public and private museum.
44. Public parks.
45. Public recreational facilities.
46. Public transportation structures and facilities.
47. Rental services, but not including rental of equipment with motors of more than twenty (20) horsepower. See 5-C (Large Lot Commercial).
48. Residential health care facility.
49. Restaurant, specialty food service, and other outlets for sale of prepared foods, without facilities.
50. Schools, public, parochial, and private.
51. Studio for custom work or for making articles to be sold at retail on the premises, provided all work areas and storage facilities are enclosed as part of the main building.
52. Transit rights-of-way, including passenger stations.
53. Utility facilities.
54. Vehicle repair, minor.
55. Veterinary hospitals.
56. Vocational, Trade or Professional School.
57. Watch and jewelry sales and repair shops.

Note: All uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit. Except where specifically permitted, uses listed in the preceding paragraphs may not be designed or operated as drive-through facilities.

(b) Accessory Uses

1. Amusement center in public or non-profit recreational facilities.*
2. Buildings housing personnel employed on the grounds of a hospital.
3. Church parish house.
4. Dwelling unit for one household in an office or retail commercial building for occupancy by the owner or caretaker.
5. Emergency shelters.*
6. Keeping of household pets (see performance standards).
7. Off-street parking areas.*
8. Private, noncommercial greenhouses.
9. Private, noncommercial swimming pools.
10. Residence for caretaker of public park or public recreation area.
11. Satellite dish antennas. See 17-12-2(2).
12. Storage sheds that are architecturally compatible with the principal building(s).*

* These uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

(3) Special Uses: The following uses are permitted as special uses subject to approval of a Special Use Permit as provided for within Article 6 of this Ordinance.

a) Animal Day Care, outdoor.
b) Automobile rental/leasing.
c) Correctional institutions.
d) Government office building or any subsequent use of a building originally constructed for or used as a government office building, subject to the restrictions and regulations of the Office (OF) Zone District.
e) Group Living Quarters for the Handicapped, Care of Dependent/ Neglected Children, Temporary Shelter of Homeless Persons, and Adult or Juvenile Offenders.
f) Group living quarters for the temporary shelter of homeless persons when located in a church, school, or other community building.
g) Historical buildings, structures and sites.
h) Trade and technical services.

(5) Development Standards All development within the 1-C zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.
.
ITEM STANDARDS FOR 1-C (Convenience Commercial) ZONE DISTRICT
MAXIMUM BUILDING HEIGHT 60': Office structure35': all other structures, except that canopies for motor fuel filling stations shall not exceed 20' in height.
MAXIMUM LOT COVERAGE 75% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 25% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than 20 feet nor more than 50 feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than 40 feet from the back of curb of an adjoining street.A motor fuel filling station pump canopy shall not be located less than 25 feet from the back of curb of any street.0': if building code rated firewall, or5': if non-rated firewall 5': accessory buildings and structures5': loading dock, with approved screen wall18': fuel pumps20': required buffer for all structures and uses if adjacent to a residential zone district.
FENCES Front yard, primary and non-primary Side, RearOther Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: property lineType of fence: open, solidMaximum height: 72"Additional fencing standard for all uses permitted in the 1-C Zone District may be found in Article 8 of this Ordinance
PARKING General retailOther 4 spaces per 1,000 square feet of gross floor area.Additional parking standard for all uses permitted in the 1-C Zone District may be found in Article 9 of this Ordinance

a) Lots:

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building or structure hereafter constructed or substantially altered within this zone district shall comply with the site plan regulations as set forth in Article 15 of this Ordinance.

b) Performance Standards:

1. No outdoor storage of materials, products, or goods of any kind is permitted this Zone District. Enclosed accessory storage sheds or structures meeting the Design Controls of the City are permitted with an approved site plan and building permits, which may be utilized for such storage. No vehicles, trailers, or shipping containers shall be used as storage sheds or structures.

4. Outdoor display of merchandise sold within the business building is permitted as restricted by this section. Any products displayed outdoors on premise must be kept within ten feet of the front of the structure, either on the sidewalk, without blocking pedestrian access, or within no more than two parking spaces within this display area. Goods cannot be located within twenty feet of the front property line. No displayed goods are permitted in any sight triangle area, or within the public right-of-way. Outdoor display of merchandise may only occur during times of business operation.

5. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than ten (10) percent of the total gross floor area on the property. No sign advertising said Accessory Uses shall be visible from outside the building.

6. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

(c) The mobile home or other structure meets the requirements of the Building Code regarding construction, foundation, blocking and utilities, and such compliance is evidenced by issuance of a temporary certificate of occupancy for a period of one year, with one renewal permitted but not to exceed a total period of two (2) years (7) Except where specifically permitted, uses listed in this Section shall not be designated or operated as drive-through facilities.

7. The keeping of household pets defined as regulated species shall not exceed a total of five (5) per household, except that no more than three (3) of any species shall be allowed. Servant animals shall be allowed in addition to household pets.

8. Animal Day Care Facilities must obtain a license from the State of Colorado and must meet the current State standards for indoor animal day care facilities as stipulated by this enforcement agency. The facility must control odor, dust, noise, waste management, drainage and security so as not to constitute a nuisance, safety hazard or health problem to adjoining property or uses.

9. Animal Day Care Facilities without outdoor facilities shall be allowed to take leashed animals outdoors for purpose of defecation and urination to meet all applicable municipal codes. These animals will not be allowed outdoors for any grooming, training, exercising, or socializing purposes.

SECTION 6. Section 17-5-17, Subsections (2)(3) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses: No building or land within the 2-C District shall be used and no building shall be hereafter constructed or altered except for any of the following uses:

a) Principal Uses

1. Animal Day Care, indoor.
2. Art gallery, art studio.
3. Banks, savings and loans, and other financial institutions.
4. Child and adult day care facilities.
5. Churches.
6. Cold storage lockers, but not including slaughtering on the premises.*
7. Colleges and Universities.
8. Community Buildings.
9. Dance studio.
10. Dental clinic, laboratory.
11. Display, service and sales of motorcycles, snowmobiles, mopeds and bicycles.*
12. Drive-through car wash.
13. Emergency health care facilities, other than ambulance service facilities.
14. Emergency, noncommercial, helipad.
15. Garment work.
16. General office uses, includes both public and private office uses.
17. General retail uses except those listed in other specific zone districts.
18. Group living for elderly, and victims of domestic violence.
19. Hair care facilities.
20. Home service and appliance repair outlets.
21. Hospitals.
22. Irrigation ditches.
23. Market, including convenience and supermarkets.
24. Medical clinics and laboratories.
25. Mortuaries, including cremation facilities.
26. Motels.
27. Motor fuel filling and service stations, including those associated with food stores.
28. Municipal buildings.
29. Museum.
30. Music, radio and television studios.
31. Newspaper offices.
32. Optical clinics and laboratories.
33. Outdoor civil defense public warning siren system.
34. Package liquor stores, fermented malt beverage stores or outlets, and taverns.*
35. Pharmacies.
36. Post office, including drive-through facilities.
37. Printing establishment.
38. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
39. Professional health facilities.
40. Public fire and police stations.
41. Public health clinics.
42. Public library.
43. Public and private museum.
44. Public parks.
45. Public recreational facilities.
46. Public transportation structures and facilities.
47. Rental services, but not including rental of equipment with motors of more than twenty (20) horsepower. See 5-C (Large Lot Commercial).
48. Residential health care facility.
49. Restaurant, specialty food service, and other outlets for sale of prepared foods, without facilities.
50. Schools, public, parochial, and private.
51. Store for retail trade not specifically provided for within other zone districts.
52. Studio for custom work or for making articles to be sold at retail on the premises, provided all work areas and storage facilities are enclosed as part of the main building.
53. Transit rights-of-way, including passenger stations.
54. Utility facilities.
55. Vehicle repair, minor.
56. Veterinary hospitals.
57. Vocational, Trade or Professional School.
58. Watch and jewelry sales and repair shops.

b) Accessory Uses

1. Amusement center in public or non-profit recreational facilities.*
2. Buildings housing personnel employed on the grounds of a hospital.
3. Church parish house.
4. Dwelling unit for one household in an office or retail commercial building for occupancy by the owner or operator of the office or commercial use.
5. Emergency shelters.*
6. Keeping of household pets (see performance standards).
7. Off-street parking areas.*
8. Private, noncommercial greenhouses.
9. Private, noncommercial swimming pools.
10. Residence for caretaker of public park or public recreation area.
11. Satellite Dish Antennas. See 17-12-2(2).
12. Storage sheds that are architecturally compatible with the principal building(s).*

* These uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

(3) Special Uses: The following uses shall only be allowed subject to approval of a Special Use Permit as provided for within Article 6 of this Ordinance.

a) Animal Day Care, outdoor.
b) Automobile rental/leasing.
c) Correctional institutions.
d) Government office building or any subsequent use of a building originally constructed for or used as a government office building, subject to the restrictions and regulations of the Office (OF) Zone District.
e) Group Living Quarters for the Handicapped, Care of Dependent/ Neglected Children, Temporary Shelter of Homeless Persons, and Adult or Juvenile Offenders.
f) Group living quarters for the temporary shelter of homeless persons when located in a church, school, or other community building.
g) Historical buildings, structures and sites.
h) Trade and technical services.

(5) Development Standards All development within the 2-C zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.

ITEM STANDARDS FOR 2-C (Neighborhood Commercial) ZONE DISTRICT
MAXIMUM BUILDING HEIGHT 60': Office structure45': all other structures, except that canopies for motor fuel filling stations shall not exceed 20' in height.
MAXIMUM LOT COVERAGE 75% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 25% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than 20 feet nor more than50 feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than 40 feet from the back of curb of an adjoining street.A motor fuel filling station pump canopy shall not be located less than 25 feet from the back of curb of any street.0': if building code rated firewall, or5': if non-rated firewall 5': accessory buildings and structures5': loading dock, with approved screen wall18': fuel pumps20': required buffer for all structures and uses if adjacent to a residential zone district.
FENCES Front yard, primary and non-primary Side, Rear All Fences Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: property lineType of fence: open, solidMaximum height: 72"Additional fencing standard for all uses permitted in the 2-C Zone District may be found in Article 8 of this Ordinance
PARKING General retail Other 4 spaces per 1,000 square feet of gross floor area.Additional parking standard for all uses permitted in the 2-C Zone District may be found in Article 9 of this Ordinance

a) Lots:

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building or structure hereafter constructed or substantially altered within this zone district shall comply with the site plan regulations as set forth in Article 15 of this Ordinance.

b) Performance Standards:

1. For every main building hereafter constructed or substantially altered, the building or structure shall be designed to permit an integrated parking and access system. Written stipulations shall be submitted relative to the provisions of integrated parking and access as a part of the site plan as required within Article 15 of this Ordinance.

3. Regulation of Illumination on Private Property. In the interest of compatibility of surrounding land uses, illumination of any kind on private property shall be directed, screened and controlled in such a manner so that there shall be no direct rays of light which extend beyond the boundaries of the property from where it originates, and the bulbs producing such light cannot be seen from adjacent properties or rights-of-way. The poles used to support outdoor lighting fixtures shall be required to have a set back from adjacent property lines a distance equal to, or exceeding the height of the pole however, no setback is required from the property line which abuts a public right-of-way. It is not the intent of this Section to regulate illumination of public non-commercial recreation facilities.

4. In addition to other applicable regulations, uses in every zone district shall comply with the applicable regulations set forth in this Zoning Ordinance for setbacks, fences, walls, and obstructions, off-street parking of motor vehicles, display of signs, accessory uses, and flood hazards.

5. Outdoor display of merchandise sold within the business building is permitted as restricted by this section. Any products displayed outdoors on premise must be kept within ten feet of the front of the structure, either on the sidewalk, without blocking pedestrian access, or within no more than two parking spaces within this display area. Goods cannot be located within twenty feet of the front property line. No displayed goods are permitted in any sight triangle area, or within the public right-of-way. Outdoor display of merchandise may only occur during times of business operation.

6. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than fifteen (15) percent of the total gross floor area on the property. No sign advertising said Accessory Use shall be visible from outside the building.

7. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

8. The keeping of household pets defined as regulated species shall not exceed a total of five (5) per household, except that no more than three (3) of any species shall be allowed. Servant animals shall be allowed in addition to household pets.

9. Animal Day Care Facilities must obtain a license from the State of Colorado and must meet the current State standards for indoor animal day care facilities as stipulated by this enforcement agency. The facility must control odor, dust, noise, waste management, drainage and security so as not to constitute a nuisance, safety hazard or health problem to adjoining property or uses.

10. Animal Day Care Facilities without outdoor facilities shall be allowed to take leashed animals outdoors for purpose of defecation and urination to meet all applicable municipal codes. These animals will not be allowed outdoors for any grooming, training, exercising, or socializing purposes.

SECTION 7. Section 17-5-18, Subsections (2)(3) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses: No building or land within the 3-C District shall be used, and no building shall be hereafter constructed or altered, except for one of the following uses:

a) Principal Uses

1. Adult businesses, subject to the spacing, definition and licensing requirements established in the Lakewood Municipal Code.
2. Ambulance service facilities.
3. Amusement centers, if otherwise in conformance with the City of Lakewood Municipal Code.
4. Animal Day Care, indoor.
5. Art gallery, art studio.
6. Banks, savings and loans, and other financial institutions.
7. Bowling centers.
8. Child and adult day care facilities.
9. Churches.
10. Cold storage lockers, but not including slaughtering on the premises.
11. Colleges and Universities.
12. Community Buildings.
13. Dance halls, studios.
14. Dental clinic, laboratory.
15. Display, service and sales of motorcycles, snowmobiles, mopeds and bicycles.
16. Drive-through car wash.
17. Emergency health care facilities.
18. Emergency, noncommercial, helipad.
19. Farmers market, with outdoor display.
20. Garment work.
21. General office uses, includes both public and private office uses.
22. General retail uses except those listed in other specific zone districts.
23. Group living for elderly, and victims of domestic violence.
24. Hair care facilities.
25. Home improvement centers, with outdoor storage of living flora, and packaged fertilizer, compost, and mulch materials.
26. Home service and appliance repair outlets.
27. Hospitals
28. Ice or roller skating rinks.
29. Indoor archery ranges.
30. Indoor firing ranges.
31. Irrigation ditches.
32. Lawn and garden centers, with outdoor storage of inventory living flora, and packaged fertilizer, compost, and mulch materials.
33. Landscape material centers, with outdoor storage of living flora, and packaged fertilizer, compost, and mulch materials.
34. Market, includes convenience and supermarkets
35. Massage parlors, subject to the spacing, definition and licensing requirements established in the Lakewood Municipal Code.
36. Medical clinics and laboratories.
37. Mortuaries, including cremation facilities.
38. Motels.
39. Motor fuel filling and service stations, including those associated with food stores.
40. Municipal buildings.
41. Museum.
42. Music, radio and television studios.
43. Newspaper offices.
44. Optical clinics and laboratories.
45. Outdoor civil defense public warning siren system.
46. Package liquor stores, fermented malt beverage stores or outlets, and taverns.
47. Pharmacies.
48. Pool or billiard centers.
49. Postal sub-stations.
50. Printing establishment.
51. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
52. Professional health facilities.
53. Public fire and police stations.
54. Public health clinics.
55. Public library.
56. Public and private museum.
57. Public parks.
58. Public recreational facilities.
59. Public transportation structures and facilities.
60. Rental services, but not including rental of equipment with motors of more than twenty (20) horsepower. See 5-C (Large Lot Commercial).
61. Residential health care facility.
62. Restaurant, specialty food service, and other outlets for sale of prepared foods, including those with drive-through facilities.
63. Schools, public, parochial, and private.
64. Studio for custom work or for making articles to be sold at retail on the premises, provided all work areas and storage facilities are enclosed as part of the main building.
65. Theaters.
66. Transit rights-of-way, including passenger stations.
67. Utility facilities.
68. Vehicle repair, minor.
69. Veterinary hospitals.
70. Vocational, Trade or Professional School.
71. Watch and jewelry sales and repair shops.

Note: All uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit. Any of the above uses may be designed and operated as drive-in or drive-through facilities where appropriate.

b) Accessory Uses

1. Amusement center in public or non-profit recreational facilities.*
2. Buildings housing personnel employed on the grounds of a hospital.
3. Carnivals and fairs, but only if located further than five hundred (500) feet from any residential district, and only if operated for a period of time not to exceed fourteen (14) days in each year.*
4. Church parish house.
5. Dwelling unit for one household in an office or retail commercial building for occupancy by the owner or operator of the office or commercial use.
6. Emergency shelters.*
7. Keeping of household pets (see performance standards).
8. Off-street parking areas.
9. Private, noncommercial greenhouses.
10. Private, noncommercial swimming pools.
11. Residence for caretaker of public park or public recreation area.
12. Satellite dish antennas. See 17-12-2(2).
13. Storage sheds that are architecturally compatible with the principal building(s).*

* These uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

(3) Special Uses: The following uses shall be allowed subject to approval of a Special Use Permit as provided for within Article 6 of this Ordinance:

a) Animal Day Care, outdoor.
b) Automobile rental/leasing.
c) Correctional institutions.
d) Entertainment center (minimum of 10,000 square feet).
e) Government office building or any subsequent use of a building originally constructed for or used as a government office building, subject to the restrictions and regulations of the Office (OF) Zone District.
f) Group Living Quarters for the Handicapped, Care of Dependent/ Neglected Children, Temporary
g) Shelter of Homeless Persons, and Adult or Juvenile Offenders.
h) Group living quarters for the temporary shelter of homeless persons when located in a church, school, or other community building.
i) Historical buildings, structures and sites.
j) Trade and technical services.

(5) Development Standards All development within the 3-C zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.

ITEM STANDARDS FOR 3-C (Community Commercial) ZONE DISTRICT
MAXIMUM BUILDING HEIGHT 60': Principal structure, except that canopies for motor fuel filling stations shall not exceed 20' in height.
MAXIMUM LOT COVERAGE 80% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 20% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than 20 feet nor more than 50 feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than 40 feet from the back of curb of an adjoining street.A motor fuel filling station pump canopy shall not be located less than 25 feet from the back of curb of any street.0': if building code rated firewall, or5': if non-rated firewall5': accessory buildings and structures5': loading dock, with approved screen wall18': fuel pumps20': required buffer for all structures and uses if adjacent to a residential zone district.
FENCES Front yard, primary and non-primary Side, Rear All Fences Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: property lineType of fence: open, solidMaximum height: 72"Additional fencing standard for all uses permitted in the 3-C Zone District may be found in Article 8 of this Ordinance
PARKING General retail Other 4 spaces per 1,000 square feet of gross floor area.Additional parking standards for all uses permitted in the 3-C Zone District may be found in Article 9 of this Ordinance.

a) Lots:

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building or structure hereafter constructed or substantially altered within this zone district shall comply with the site plan regulations as set forth in Article 15 of this Ordinance.

b) Performance Standards:

2. No outdoor storage of materials, products, or goods of any kind is permitted within this Zone District. Enclosed accessory storage sheds or structures are permitted with an approved site plan and building permits, which may be utilized for such storage. No vehicles, trailers, or shipping containers shall be used as storage sheds or structures. Outdoor storage of living flora and packaged fertilizer, compost, and mulch materials within screened fenced enclosures is permitted for Home improvement centers, Lawn and garden centers, and Landscape material centers.

6. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than twenty-five (25) percent of the gross floor area on the property. No sign advertising said Accessory Use shall be visible from outside the building.

7. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

SECTION 8. Section 17-5-19, Subsections (2)(3) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses: No building or land within the 4-C District shall be used, and no building shall be hereafter constructed or altered, except for one of the following uses:

a) Principal Uses

1. Adult businesses, subject to the spacing, definition and licensing requirements established in the Lakewood Municipal Code.
2. Ambulance service facilities.
3. Amusement arcades, amusement centers, entertainment centers if otherwise in conformance with the City of Lakewood Municipal Code.
4. Animal Day Care, indoor.
5. Art gallery art studio.
6. Assembly, convention, or exposition halls.
7. Banks, savings and loans, and other financial institutions.
8. Bowling centers.
9. Child and adult day care facilities.
10. Churches.
11. Cold storage lockers, but not including slaughtering on the premises.
12. Colleges and Universities.
13. Community Buildings.
14. Dance halls, studios.
15. Dental clinic, laboratory.
16. Display, service and sales of motorcycles, snowmobiles, mopeds and bicycles.
17. Drive-through car wash.
18. Emergency health care facilities.
19. Emergency, noncommercial, helipad.
20. Farmers market, with outdoor display.
21. Garment work.
22. General office uses, includes both public and private office uses.
23. General retail uses except those listed in other specific zone districts.
24. Group living for elderly, and victims of domestic violence.
25. Hair care facilities.
26. Home improvement centers, with outdoor storage of living flora, and packaged fertilizer, compost, and mulch materials.
27. Home service and appliance repair outlets.
28. Hospitals.
29. Hotels.
30. Ice or roller skating rinks.
31. Indoor archery ranges.
32. Indoor firing ranges.
33. Irrigation ditches.
34. Lawn and garden centers, with outdoor storage of living flora, and packaged fertilizer, compost, and mulch materials.
35. Landscape material centers, with outdoor storage of living flora, and packaged fertilizer, compost, and mulch materials.
36. Market, including convenience and supermarkets.
37. Massage parlors, subject to the spacing, definition and licensing requirements established in the Lakewood Municipal Code.
38. Medical clinics and laboratories.
39. Mortuaries, including cremation facilities.
40. Motels.
41. Motor fuel filling and service stations, including those associated with food stores.
42. Municipal buildings.
43. Museum.
44. Music, radio and television studios.
45. Newspaper offices.
46. Optical clinics and laboratories.
47. Outdoor civil defense public warning siren system.
48. Package liquor stores, fermented malt beverage stores or outlets, and taverns.
49. Pharmacies.
50. Pool or billiard centers.
51. Postal sub-stations.
52. Printing establishment.
53. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
54. Professional health facilities.
55. Public fire and police stations.
56. Public health clinics.
57. Public library.
58. Public and private museum.
59. Public parks.
60. Public recreational facilities.
61. Public transportation structures and facilities.
62. Rental services, but not including rental of equipment with motors of more than twenty (20) horsepower. See 5-C (Large Lot Commercial).
63. Residential health care facility.
64. Restaurant, specialty food service, and other outlets for sale of prepared foods, including those with drive-through facilities.
65. Schools, public, parochial, and private.
66. Studio for custom work or for making articles to be sold at retail on the premises, provided all work areas and storage facilities are enclosed as part of the main building.
67. Theaters.
68. Transit rights-of-way, including passenger stations.
69. Utility facilities.
70. Vehicle repair, minor.
71. Veterinary hospitals.
72. Vocational, Trade or Professional School.
73. Watch and jewelry sales and repair shops.

Note: All uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to construction. Any of the above uses may be designed and operated as drive-in or drive-through facilities where appropriate.

b) Accessory Uses

1. Amusement center in public or non-profit recreational facilities.*
2. Buildings housing personnel employed on the grounds of a hospital.
3. Carnivals and fairs, but only if located further than five hundred (500) feet from any residential district, and only if operated for a period of time not to exceed fourteen (14) days in each year.*
4. Church parish house.
5. Dwelling unit for one household in an office or retail commercial building for occupancy by the owner or operator of the office or commercial use.
6. Emergency shelters.*
7. Keeping of household pets (see performance standards).
8. Off-street parking areas.
9. Private, noncommercial greenhouses.
10. Private, noncommercial swimming pools.
11. Residence for caretaker of public park or public recreation area.
12. Satellite Dish Antennas. See 17-12-2(2).
13. Storage sheds that are architecturally compatible with the principal building(s).*

* These uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

(3) Special Uses The following uses shall only be allowed subject to approval of a Special Use Permit as provided for within Article 6 of this Ordinance.

a) Animal Day Care, outdoor.
b) Automobile rental/leasing.
c) Correctional institutions.
d) Entertainment center (minimum of 10,000 square feet).
e) Government office building or any subsequent use of a building originally constructed for or used as a government office building, subject to the restrictions and regulations of the Office (OF) Zone
f) District.
g) Group Living Quarters for the Handicapped, Care of Dependent/ Neglected Children, Temporary Shelter of Homeless Persons, and Adult or Juvenile Offenders.
h) Group living quarters for the temporary shelter of homeless persons when located in a church,
i) school, or other community building.
j) Historical buildings, structures and sites.
k) Trade and technical services.

(5) Development Standards All development within the 4-C zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.

ITEM STANDARDS FOR 4-C (Regional Commercial) ZONE DISTRICT
MAXIMUM BUILDING HEIGHT 60': Principal structure, except that canopies for motor fuel filling stations shall not exceed 20' in height.
MAXIMUM LOT COVERAGE 80% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 20% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than 20 feet nor more than 50 feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than 40 feet from the back of curb of an adjoining street.A motor fuel filling station pump canopy shall not be located less than 25 feet from the back of curb of any street.0': if building code rated firewall, or5': if non-rated firewall 5': accessory buildings and structures5': loading dock, with approved screen wall18': fuel pumps20': required buffer for all structures and uses if adjacent to a residential zone district.
FENCES Front yard, primary and non-primary Side, Rear All Fences Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: property lineType of fence: open, solidMaximum height: 72"Additional fencing standard for all uses permitted in the 4-C Zone District may be found in Article 8 of this Ordinance
PARKING General retail Other 4 spaces per 1,000 square feet of gross floor area.Additional parking standards for all uses permitted in the 4-C Zone District may be found in Article 9 of this Ordinance.

a) Lots:

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building hereafter constructed or substantially altered within this zone district shall comply with the plan regulations set forth in Article 15 of this Ordinance.

b) Performance Standards:

2. No outdoor storage of materials, products, or goods of any kind is permitted within this Zone District, except as permitted for specific principal uses. Enclosed accessory storage sheds or structures are permitted with an approved site plan and building permits, which may be utilized for such storage. No vehicles, trailers, or shipping containers shall be used as storage sheds or structures. Outdoor storage of living flora and packaged fertilizer, compost, and mulch materials within screened fenced enclosures is permitted for Home improvement centers, Lawn and garden centers, and Landscape material centers.

6. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than thirty-five (35) percent of the gross floor area on the property. No sign advertising said Accessory Use shall be visible from outside the building.

7. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

SECTION 9. Section 17-5-20, Subsections (2) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses: No building or land within the 5-C District shall be used, and no building shall be hereafter constructed or altered, except for one of the following uses:

a) Principal Uses

1. Adult businesses, subject to the spacing, definition and licensing requirements established in the Lakewood Municipal Code.
2. Ambulance service facilities.
3. Amusement arcades, amusement centers, entertainment centers if otherwise in conformance with the City of Lakewood Municipal Code.
4. Amusement parks.
5. Animal Day Care, indoor/outdoor.
6. Art gallery, art studio.
7. Assembly, convention, or exposition halls.
8. Auction houses, except for the auctioning of live animals.
9. Banks, savings and loans, and other financial institutions.
10. Bowling centers.
11. Child and adult day care.
12. Churches.
13. Cold storage lockers, but not including slaughtering on the premises.
14. Colleges and Universities.
15. Community Buildings.
16. Contractor shops and building trades supplies storage.
17. Dance halls, studios.
18. Dental clinic, laboratory.
19. Display, service and sales of motorcycles, snowmobiles, mopeds and bicycles.
20. Display, repair, service, sales and storage of mobile homes, travel trailers, motor homes, trailers, campers, boats, and motor vehicles, but not including auto wrecking yards, junk yards, or outside storage of metals or inoperable motor vehicles.
21. Drive-in movie theaters.
22. Drive-through car wash.
23. Emergency health care facilities.
24. Emergency, noncommercial, helipad.
25. Farmers market.
26. Flea markets.
27. Garment work.
28. General office use, includes both public and private office uses.
29. General retail use except those listed in other specific zone districts.
30. Golf driving ranges.
31. Group living for elderly, and victims of domestic violence.
32. Hair care facilities.
33. Home improvement centers, with outside storage of inventory.
34. Home service and appliance repair outlets.
35. Hospitals.
36. Hotels.
37. Ice or roller skating rinks.
38. Indoor archery ranges.
39. Indoor firing ranges.
40. Irrigation ditches.
41. Kennels.
42. Lawn and garden centers, with outside storage of inventory.
43. Landscaped material centers, with outside storage of inventory.
44. Lumber yard.
45. Market, convenience and supermarkets.
46. Massage parlors, subject to the spacing, definition and licensing requirements established in the Lakewood Municipal Code.
47. Medical clinics and laboratories.
48. Miniature golf or putting ranges.
49. Mini-warehouses.
50. Mortuaries, including cremation facilities.
51. Motels.
52. Motor fuel filling and service stations, including those associated with food stores.
53. Municipal buildings.
54. Museum.
55. Music, radio and television studios.
56. Newspaper offices.
57. Optical clinics and laboratories.
58. Outdoor civil defense public warning siren system.
59. Package liquor stores, fermented malt beverage stores or outlets, and taverns.
60. Parking on premises of motor vehicles to serve permitted uses on adjacent property.
61. Pharmacies.
62. Pool or billiard centers.
63. Postal sub-stations.
64. Printing establishment.
65. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
66. Professional health facilities.
67. Public fire and police stations.
68. Public health clinics.
69. Public library.
70. Public and private museum.
71. Public parks.
72. Public recreational facilities.
73. Public transportation structures and facilities.
74. Racetracks, go-cart tracks.
75. Rental agencies for automobiles, campers, trailers, motor homes, light and heavy equipment, and related service facilities.
76. Residential health care facility.
77. Restaurant, specialty food service, and other outlets for sale of prepared foods, including those with drive-through facilities.
78. Sale at retail of any commodity warehoused on the premises and not intended for distribution as a wholesale product.
79. Schools, public, parochial, and private.
80. Studio for custom work or for making articles to be sold at retail on the premises, provided all work areas and storage facilities are enclosed as part of the main building.
81. Theaters.
82. Transit rights-of-way, including passenger stations.
83. Utility facilities.
84. Vehicle repair, major and minor.
85. Veterinary hospitals.
86. Vocational, Trade or Professional School.
87. Watch and jewelry sales and repair shops.

b) Accessory Uses

a) Administrative office serving the principal use not exceeding fifty (50) percent of the gross floor area of the main building.
b) Amusement center in public or non-profit recreational facilities.*
c) Buildings housing personnel employed on the grounds of a hospital.
d) Carnivals and fairs, but only if located further than five hundred (500) feet from any residential district, and only if operated for a period of time not to exceed fourteen (14) days in each year.*
e) Church parish house.
f) Dwelling unit for one household within a commercial or office building for occupancy by the owner or caretaker.
g) Emergency shelters.*
h) Keeping of household pets (see performance standards).
i) Off-street parking areas.
j) Private, noncommercial greenhouses.
k) Private, noncommercial swimming pools.
l) Residence for caretaker of public park or public recreation area.
m) Satellite Dish Antennas. See 17-12-2(2).
n) Storage sheds that are architecturally compatible with the principal building(s).*

* These uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

(5) Development Standards All development within the 5-C zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.

ITEM STANDARDS FOR 5-C (Large Lot Commercial) ZONE DISTRICT
MINIMUM LOT SIZE There shall be a minimum parcel size of 0.5 acre for every building or structure hereafter constructed or altered.
MAXIMUM BUILDING HEIGHT 60': Principal structure, except that canopies for motor fuel filling stations shall not exceed 20' in height.
MAXIMUM LOT COVERAGE 80% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 20% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than 20 feet nor more than 50 feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than 40 feet from the back of curb of an adjoining street.A motor fuel filling station pump canopy shall not be located less than 25 feet from the back of curb of any street.0': if building code rated firewall, or5': if non-rated firewall with windows5': accessory buildings and structures5': loading dock, with approved screen wall18': fuel pumps20': required buffer for all structures and uses if adjacent to a residential zone district.20': required buffer for the use of outdoor Animal Day Care or Kennels adjacent to any zone district.
FENCES Front, primary Front, non-primary Side, Rear All Fences Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: front face of existing buildingType of fence: openMaximum height: 72"Minimum setback: 10' from property line with approved landscapingType of fence: open, topped with barbed wireMaximum height 120"Minimum setback: property lineType of fence: open, solidMaximum height: 72"Minimum setback: 10' from property line with approved landscapingType of fence: open, topped with barbed wireMaximum height 120"Other requirements or performance standards may be found in Article 8 of this Ordinance.
PARKING General retail Other 4 spaces per 1,000 square feet of gross floor area.Additional parking standards for all uses permitted in the 5-C Zone District may be found in Article 9 of this Ordinance.

a) Lots:

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building hereafter constructed or substantially altered within this zone district shall comply with the plan regulations set forth in Article 15 of this Ordinance.

b) Performance Standards:

1. For every main building hereafter constructed or substantially altered: the building or structure shall be designed to permit an integrated parking and access system. Written stipulations shall be submitted relative to the provisions of integrated parking and access as a part of the site plan as required within Article 15 of this Ordinance.

2. Outdoor storage of commodities, materials, products, or goods not intended for display is permitted within this Zone District. Such materials shall be screened from view from adjacent streets and adjoining property, and kept free of weeds and debris, and must comply with Section 9.80 of the Nuisance Ordinance. In no case shall outdoor storage items extend beyond a height of six (6) feet as measured from the finished grade adjacent to the stored items. Enclosed accessory storage sheds or structures are permitted with an approved site plan and building permits, which may be utilized for such storage. No vehicles, trailers, or shipping containers shall be used as storage sheds or structures.

5. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than forty (40) percent of the gross floor area on the property. No sign advertising said Accessory Use shall be visible from outside the building.

6. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

8. Animal Day Care Facilities and Kennels must obtain a license from the State of Colorado and must meet the current State standards for indoor and outdoor animal day care facilities as stipulated by this enforcement agency. The facility must control odor, dust, noise, waste management, drainage and security so as not to constitute a nuisance, safety hazard or health problem to adjoining property or uses.

9. Animal Day Care Facilities and Kennels with Outdoor Uses: All Animal Day Care Facilities and Kennels with outdoor uses shall comply with the following criteria:

(a) No more than 3 animals will be allowed outdoors after 8pm. Animal Day Care Facilities are where animals may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold or let for hire. Animal Day Care Facilities may operate from 6am to 10pm daily. A special use permit is required for any outdoor services.

(b) The facility must control odor, dust, noise, waste management, drainage, security and not constitute a nuisance, safety hazard or health problem to adjoining property or uses. The operator must provide a plan of operation demonstrating it can meet these provisions.

(c) Provide perimeter fencing for all on-site outdoor recreation socialization areas. The fence shall not exceed the maximum fence height standards as prescribed in Article 8 of the Lakewood Zoning Ordinance. The fence structure shall be deep enough and secured to the ground to prevent escape and provide full containment of the animals at all time.

(d) Outdoor areas where animals will be allowed must be a minimum of 20 feet from any property line.

(e) Outdoor animal care must provide 300 square feet of area for every twelve (12) animals.

(f) There shall be at least one employee for every twelve (12) animals when providing outdoor animal care.

(g) A license from the State of Colorado must be obtained, and a copy provided to the City; as well as all pertinent City of Lakewood permits.

(h) A major site plan in accordance with Article 15 standards is required.

10. Performance Based Standards for Animal Day Care and Kennels: The Director of Community Planning and Development or his/her designee may grant an exception to the required setback, height, materials and location requirements for fencing and landscaping as related to animal day care facilities with outdoor uses through the submittal of a written request for an exception, inclusive of an illustration of the proposed changes outlining the reason for which the exception is warranted. All exceptions must be approved prior to building permit approval and issuance. An exception does not constitute a building permit. The Director or his/her designee may approve or conditionally approve the exception if all of the following Performance-Based Standards are met:

(a) The fence, wall or structure height, location, design and landscaping are in scale and harmonious with the character of the neighborhood and adjacent properties.

(b) A combination of fencing and landscaping are used to secure the outdoor uses associated with animal day care facilities.

(c) The 20' required buffer may only be lessened in the event of unique circumstances associated with the subject parcel of land.

(d) Granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to other property or improvements in the neighborhood in which the property is located; and

(e) Granting of the exception will not adversely affect or be inconsistent with any special area plans, Comprehensive Plan, Neighborhood Plan and/or an Official Development Plan (if applicable).

11. A fee must be submitted with the exception request, the amount of which to be the same as is required for a minor variance application. This amount is determined by the Lakewood City Council. The applicant may appeal a denial of an exception to the Lakewood Board of Adjustment. Such an appeal must be filed in writing with the Secretary to the Board of Adjustment no later than fifteen (15) business days from the date of the decision. The fee collected for the exception request may be credited toward the required fee for the appeal. The fee for an appeal will be determined by the Lakewood City Council.

SECTION 10. Section 17-5-21, Subsections (2) and (5) of the Lakewood Zoning Ordinance is amended to read as follows:

(2) Permitted Uses: No building or land within the IN District shall be used, and no building shall be hereafter constructed or substantially altered, except for one of the following uses:

a) Principal Uses

1. Ambulance service facilities.
2. Amusement parks.
3. Animal Day Care, indoor/outdoor.
4. Art gallery, art studio.
5. Assembly, convention, or exposition halls.
6. Auction houses, except for the auctioning of live animals.
7. Banks, savings and loans, and other financial institutions.
8. Bowling centers.
9. Child and adult day care.
10. Churches.
11. Cold storage lockers, but not including slaughtering on the premises.
12. Colleges and Universities.
13. Community Buildings.
14. Communication centers, including transmitting centers, towers and accessory equipment.
15. Contractor shops and building trades supplies storage.
16. Dental clinic, laboratory.
17. Display, service and sales of motorcycles, snowmobiles, mopeds and bicycles.
18. Display, repair, service, sales and storage of mobile homes, travel trailers, motor homes, trailers, campers, boats, and motor vehicles, but not including auto wrecking yards, junk yards, or outside storage of metals or inoperable motor vehicles.
19. Drive-in movie theaters.
20. Drive-through car wash.
21. Emergency health care facilities, other than ambulance service facilities.
22. Emergency, noncommercial, helipad.
23. Farmers market.
24. Flea Markets.
25. Garment work.
26. General Office use, includes both public and private office uses.
27. General retail use except those listed in other specific zone districts.
28. Go-cart tracks.
29. Golf driving ranges.
30. Hair care facilities.
31. Home improvement centers, with outside storage of inventory.
32. Home service and appliance repair outlets.
33. Hospitals.
34. Hotels.
35. Indoor archery ranges.
36. Indoor firing ranges.
37. Irrigation ditches.
38. Kennels.
39. Laboratories.
40. Landscape material centers, with outside storage of inventory.
41. Lawn and garden centers, with outside storage of inventory.
42. Lumber yard.
43. Manufacturing, processing, fabrication, assembly, packaging, warehousing, storage, wholesaling, retailing, repair, rental, or servicing of any commodity, but only if totally enclosed in a structure.
44. Market, convenience and supermarkets.
45. Medical clinics and laboratories.
46. Miniature golf or putting ranges.
47. Mini-warehouses.
48. Mortuaries, including cremation facilities.
49. Motels.
50. Motor fuel filling stations, including those associated with food stores.
51. Motor vehicle service and repair facilities.
52. Municipal buildings.
53. Museum.
54. Music, radio and television studios.
55. Newspaper offices.
56. Optical clinics and laboratories.
57. Outdoor civil defense public warning siren system.
58. Package liquor stores, fermented malt beverage stores or outlets, and taverns.
59. Parking on premises of motor vehicles to serve permitted uses on adjacent property.
60. Pharmacies.
61. Postal sub-stations.
62. Printing establishments.
63. Private athletic clubs, including outdoor accessory facilities, tennis courts, swimming pools, gymnasiums, and health spas.
64. Private nonprofit recreational facilities.
65. Professional health facilities.
66. Public fire and police stations.
67. Public health clinics.
68. Public library.
69. Public parks.
70. Public recreational facilities.
71. Public transportation structures and facilities.
72. Public wastewater facilities.
73. Radio and television studios.
74. Rental agencies for automobiles, campers, trailers, motor homes, light and heavy equipment, and related service facilities.
75. Sale at retail of any commodity warehoused on the premises and not intended for distribution as a wholesale product.
76. Schools, public, parochial, and private.
77. Studio for custom work or for making articles to be sold at retail on the premises, provided all work areas and storage facilities are enclosed as part of the main building.
78. Theaters.
79. Transport facilities, including passenger stations.
80. Transit rights-of-way.
81. Utility facilities.
82. Vehicle repair, major and minor.
83. Veterinary hospitals.
84. Vocational, Trade or Professional School.
85. Watch and jewelry sales and repair shops.

Note: All uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

b) Accessory Uses

1. Administrative offices, which shall not exceed fifty (50) percent of the gross floor area of
2. the main building.
3. Amusement center in public or non-profit recreational facilities.*
4. Child care facilities.*
5. Church parish house.
6. Dwelling unit for one household in an industrial building for occupancy by the owner or operator of the industrial or accessory office use.
7. Keeping of Household Pets (see performance standards).
8. Off-street parking areas.
9. Private, noncommercial greenhouses.
10. Private, noncommercial swimming pools.
11. Residence for caretaker of public park or public recreation area.
12. Restaurant.
13. Satellite Dish Antennas. See 17-12-2(2).
14. Storage sheds.*

* These uses require approval of a site plan pursuant to Article 15 of this Ordinance prior to issuance of a building permit.

(5) Development Standards All development within the IN zone district shall, as a minimum, be in conformance with and meet the requirements of the standards listed in the following table. It shall be the responsibility of the Director of Community Planning and Development to make a determination on any omissions to these development standards.

ITEM STANDARDS FOR IN (Industrial) ZONE DISTRICT
MINIMUM LOT SIZE There shall be a minimum parcel size of 0.5 acre.
MAXIMUM BUILDING HEIGHT 60': Principal structure, except that canopies for motor fuel filling stations shall not exceed 20' in height.
MAXIMUM LOT COVERAGE 80% of the square footage of the lot including principal and accessory buildings, parking and drive aisles.
MINIMUM OPEN SPACE 20% of the square footage of the lot as landscaped open space, or 40% for any residential health care facility, or group living quarters.
SETBACKS Front, any Side, Rear For buildings with footprints which do not exceed 10,000 square feet in area, the front of the building shall be neither less than 20 feet nor more than 50 feet from the back of curb of an adjoining street.For buildings with footprints larger than 10,000 square feet in area, the front of the building shall not be less than 40 feet from the back of curb of an adjoining street.A motor fuel filling station pump canopy shall not be located less than 25 feet from the back of curb of any street.0': if building code rated firewall, or5': if non-rated firewall 5': accessory buildings and structures5': loading dock, with approved screen wall18': fuel pumps20': required buffer for all structures and uses if adjacent to a residential zone district.20': required buffer for the use of outdoor Animal Day Care or Kennels adjacent to any zone district.
FENCES Front, primary Front, non-primary, Side, Rear Other Minimum setback: 20' from property lineType of fence: open, solidMaximum height: 84"Minimum setback: property line or 3' from the back edge of the traveled walkway or back of sidewalk, whichever is greater.Type of fence: solid, up to a height of 84" and may be topped with barbed wire which is located no less than 72" and no more than 84" from the ground.Additional fencing standard for all uses permitted in the IN Zone District may be found in Article 8 of this Ordinance
PARKING Office Warehouse Other 4 spaces per 1,000 square feet of gross floor area.1.0 spaces/1,000 sq. ft. of gross floor area.Additional parking standards for all uses permitted in the IN Zone District may be found in Article 9 of this Ordinance.

a) Lots:

2. A corner lot shall have a minimum of at least two (2) front yards, and a rear yard.

3. Street Frontage - Cul-de-sac Lot. A cul-de-sac lot will have at least thirty (30) feet of street frontage.

4. Any building hereafter constructed or substantially altered within this zone district shall comply with the plan regulations set forth in Article 15 of this Ordinance.

b) Performance Standards:

2. Outdoor storage of commodities, materials, products, or goods not intended for display is permitted within this Zone District. Such materials shall be screened from view from adjacent streets and adjoining property by a solid fence, and kept free of weeds and debris, and must comply with Section 9.80 of the Nuisance Ordinance. In no case shall outdoor storage items extend beyond a height of seven (7) feet as measured from the finished grade adjacent to the stored items. Enclosed accessory storage sheds or structures are permitted with an approved site plan and building permits, which may be utilized for such storage. No vehicles, trailers, or shipping containers shall be used as storage sheds or structures.

5. Amateur Radio Towers and Antennas. The maximum height for amateur radio towers and antennae shall be seventy (70) feet. The height shall be measured at the highest member of the tower and antenna structure. The front yard setback must be equal to or greater than the setback for the primary structure but in no case shall the setback be less than the required front yard setback in the applicable zone district. No setback from a property line shall be less than the height of the tower. All portions of the tower, including support structures shall be entirely within the property lines. Retractable towers are also permitted but shall be retracted when not in operation. The maximum height of a retractable tower shall be based on its height when extended. Towers and antennas shall be of a neutral color and shall not be painted or otherwise treated to call attention to themselves.

6. Accessory Uses. The sum total of gross floor area utilized by all Accessory Uses shall not exceed more than forty (40) percent of the gross floor area on the property. No sign advertising said Accessory Use shall be visible from outside the building.

7. A mobile home or other structure may be used temporarily for office purposes during construction or remodeling activities connected with a use permitted on a lot, provided that:

(a) The mobile home or other structure is removed from the site when the construction or remodeling is completed;

(b) The mobile home or other structure is adequately secured against damage and overturning by winds; and

9. Animal Day Care Facilities and Kennels must obtain a license from the State of Colorado and must meet the current State standards for indoor and outdoor animal day care facilities as stipulated by this enforcement agency. The facility must control odor, dust, noise, waste management, drainage and security so as not to constitute a nuisance, safety hazard or health problem to adjoining property or uses.

10. Animal Day Care Facilities and Kennels with Outdoor Uses: All Animal Day Care Facilities and Kennels with outdoor uses shall comply with the following criteria:

(b) The facility must control odor, dust, noise, waste management, drainage, security, and not constitute a nuisance, safety hazard or health problem to adjoining property or uses. The operator must provide a plan of operation demonstrating it can meet these provisions.

(c) Provide perimeter fencing for all on-site outdoor recreation and socialization areas. The fence shall not exceed the maximum fence height standards as prescribed in Article 8 of the Lakewood Zoning Ordinance. The fence structure shall be deep enough and secured to the ground to prevent escape and provide full containment of the animals at all time.

(d) Outdoor areas where animals will be allowed must be a minimum of 20 feet from any property line.

(e) Outdoor animal care must provide 300 square feet of area for every twelve (12) animals.

(f) There shall be at least one employee for every twelve (12) animals when providing outdoor animal care.

(g) A license from the State of Colorado must be obtained, and a copy provided to the City; as well as all pertinent City of Lakewood permits.

(h) A major site plan in accordance with Article 15 standards is required.

11. Performance Based Standards for Animal Day Care Facilities and Kennels: The Director of Community Planning and Development or his/her designee may grant an exception to the required setback, height, materials and location requirements for fences and landscaping requirements as related to animal day care facilities with outdoor uses through the submittal of a written request for an exception, inclusive of an illustration of the proposed changes outlining the reason for which the exception is warranted. All exceptions must be approved prior to building permit approval and issuance. An exception does not constitute a building permit. The Director or his/her designee may approve or conditionally approve the exception if all of the following Performance-Based Standards are met:

(a) The fence, wall or structure height, location, design and landscaping are in scale and harmonious with the character of the neighborhood and adjacent properties.

(b) A combination of fencing and landscaping are used to secure the outdoor uses associated with animal day care facilities.

(c) The 20' required buffer may only be lessened in the event of unique circumstances associated with the subject parcel of land.

(e) Granting of the exception will not adversely affect or be inconsistent with any special area plans, Comprehensive Plan, Neighborhood Plan and/or an Official Development Plan (if applicable).

12. A fee must be submitted with the exception request, the amount of which to be the same as is required for a minor variance application. This amount is determined by the Lakewood City Council. The applicant may appeal a denial of an exception to the Lakewood Board of Adjustment. Such an appeal must be filed in writing with the Secretary to the Board of Adjustment no later than fifteen (15) business days from the date of the decision. The fee collected for the exception request may be credited toward the required fee for the appeal. The fee for an appeal will be determined by the Lakewood City Council.

SECTION 11. Section 17-6-4 of the Lakewood Zoning Ordinance is amended by the addition of a new Subsection (2) to read as follows:

(2) Animal Day Care Facilities with Outdoor Uses: All Animal Day Care Facilities with outdoor uses shall comply with the following criteria:

a) No more than 3 animals at a time will be allowed outdoors after 8pm. Animal Day Care Facilities are where animals may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold or let for hire. Animal Day Care Facilities may operate from 6am to 10pm daily. A special use permit is required for any outdoor services.

b) The facility must control odor, dust, noise, waste management, drainage, security and not constitute a nuisance, safety hazard or health problem to adjoining property or uses. The operator must provide a plan of operation demonstrating it can meet these provisions.

c) Provide perimeter fencing for all on-site outdoor recreation and socialization areas. The fence shall not exceed the maximum fence height standards as prescribed in Article 8 of the Lakewood Zoning Ordinance. The fence structure shall be deep enough and secured to the ground to prevent escape and provide full containment of the animals at all time.

d) Outdoor areas where dogs will be allowed must be a minimum of 20 feet from any property line.

e) Outdoor animal care must provide 300 square feet of area for every twelve (12) animals.

f) There shall be at least one employee for every twelve (12) animals when providing outdoor animal care.

g) A license from the State of Colorado must be obtained, and a copy provided to the City; as well as all pertinent City of Lakewood permits and a special use permit for outdoor use.

h) A major site plan in accordance with Article 15 standards is required.

i) Once granted the special use permit for Animal Day Care Facilities will remain with the land as an allowed use unless revoked under provisions under Section 17-6-3 of the Lakewood Zoning Ordinance. Proof of license with the State of Colorado must be obtained for each subsequent Animal Day Care business.

I) City of Lakewood Planning Commission may grant an exception to the required setback, height, materials and location requirements for fences and landscaping requirements as related to animal day care facilities with outdoor uses through the submittal of a written request for an exception, inclusive of an illustration of the proposed changes outlining the reason for which the exception is warranted. These exceptions must be approved through the public hearing process. The Planning Commission may approve or conditionally approve the exception if all of the following Performance-Based Standards are met:

1) The fence, wall or structure height, location, design and landscaping are in scale and harmonious with the character of the neighborhood and adjacent properties.

2) A combination of fencing and landscaping are used to secure the outdoor uses associated with animal day care facilities.

3) The 20' required buffer may only be lessened in the event of unique circumstances associated with the subject parcel of land.

4) Granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to other property or improvements in the neighborhood in which the property is located; and

5) Granting of the exception will not adversely affect or be inconsistent with any special area plans, Comprehensive Plan, Neighborhood Plan and/or an Official Development Plan (if applicable).

SECTION 20. Effective date. This ordinance shall take effect forty five (45) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 12th day of July, 2004; published in full in the Lakewood Sentinel on the 15th day of July, 2004; set for public hearing on the 26th day of July, 2004; read, finally passed and adopted by the City Council on the 26th day of July 2004; and, signed and approved by the Mayor on the 27th day of July, 2004.

Barbara Martin, Mayor Pro Tem

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney


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