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A. After Hours Club or Entertainment.

1. [RESERVED].

2. Each facility shall be required to obtain City approval for an operations and security plan designed to prevent negative impacts on the surrounding areas, and to maintain the property and conduct its operations in compliance with the approved plan.

B. Bar and Tavern. This use requires a conditional use approval if located within 300 feet of a single-family residential use. This standard does not require separation between this use and any residential use located within the same building or on the same lot.

C. Bed and Breakfast.

1. In the R-1, R-2, R-3, R-4 and MU-OA districts:

a. This use is limited to single-family detached dwellings; and

b. Food service shall only be provided to residents and overnight guests.

2. Each guest stay shall be limited to a maximum of 30 consecutive days.

3. No food preparation or cooking shall be conducted within any bedroom made available for guests.

4. The exterior design of any exterior modification of the structure or premises shall include an amount of façade articulation, and numbers and locations of windows and building entrances on the primary building façade that are similar to those in the surrounding area and neighborhood.

5. The applicant for a bed and breakfast facility shall certify that the use will not violate any real property covenants.

D. Brewery, Distillery, or Winery. In all Mixed-Use zone districts distillery production shall be no greater than 45,000 liters per calendar year.

E. Hotel.

1. All corridors and stairwells shall be fully enclosed within the building envelope.

2. All air vents mounted on a building façade shall be integrated into the building design and shall be flush with the façade or inserted inconspicuously into a wall recess.

F. Restaurant.

1. In all zone districts, any establishment on a lot that is located partially or entirely within 300 feet of an R-R, R-1, or R-2 zone district and that will remain open to the public after 12:00 midnight shall require a conditional use approval.

2. In the MU-OA-R2 or MU-OA-RMU subdistricts, this use is only available in two circumstances:

a. It must be located at the corner of two streets and comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval; or

b. It must comply with the standards in Section 146-2.4.4.F.2 (Ground Floor Commercial Use), which does not require conditional use approval.

3. In the APZ zone district, this accessory use is limited to a capacity of 12 persons in the APZ I area and 16 persons in the APZ II area.

G. Art Studio or Workshop.

1. Residences. Each art studio or workshop residential unit shall be considered a separate and distinct residential unit for the purpose of calculating density. Art studios and workshops that incorporate the residential element shall be occupied and used only by an artist whose galleries and studios are located in the same building. In addition to the artist, the family of the artist may occupy the units.

2. Sales. In the R-2, R-3, and R-4 districts, sales of artwork or goods created outside the art studio or workshop is not allowed. In all other zone districts sales from the premises shall be limited to art and art-related products.

3. Studio/Work Area. The studio and/or work area of the art space shall be located in the front of the building with access to the public street and the sidewalk. Such access to the street shall be provided so that the studio or work area can be accessed without having to go through the residential area or any other use. The access shall include a front door to the street and sidewalk. Work shall be conducted so as to prevent dust, fumes, noise, or odors from the studio/work activities from being discernible beyond the property lines.

4. MU-OA-R2 and MU-OA-RMU Subdistricts

In the MU-OA-R2 or MU-OA-RMU subdistricts, this use is only available in two circumstances:

a. It must be located at the corner of two streets and comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval; or

b. It must comply with the standards in Section 146-2.4.4.F.2 (Ground Floor Commercial Use), which does not require conditional use approval.

H. Day Labor Hall. Day Labor Halls shall conform to the following requirements:

1. Indoor Waiting Area. Day Labor Halls shall provide an indoor waiting area of adequate size and seating capacity to accommodate current and prospective clients and employees for extended periods of time. Prospective employees may not await work assignments in parking lots or other outdoor areas.

2. Restroom Facilities. Restroom facilities shall be available to all employees and customers of the Day Labor Hall during all hours of operation. Restrooms shall be internally accessible from the business reception/waiting area. If the Day Labor Hall is in a multi-level office building, the restrooms shall be directly accessible from a public hallway on the same floor as the employment office.

3. Hours of Operation. Day Labor Halls located directly adjacent to residentially zoned areas shall not operate between the hours of 8 p.m. and 6 a.m.

4. Minimum Distance between Uses. The minimum distance between Day Labor Halls shall be 1,500 feet, as measured radially from the nearest points on the property lines of each facility.

5. Additional limitation in MU-OA-MS Subdistrict. In the MU-OA-MS subdistrict, only Day Labor Halls existing on the Effective Date are permitted.

I. Office.

1. In the R-4 district, only philanthropic and charity offices are allowed above the ground floor of a multifamily dwelling, and only with conditional use approval.

2. In the MU-OA-R2 subdistrict, this use must be located at the corner of two streets and must comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval.

3. In the MU-OA-RMU subdistricts, this use is only available in two circumstances:

a. It must be located at the corner of two streets and comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval; or

b. It must comply with the standards in Section 146-2.4.4.F.2 (Ground Floor Commercial Use), which does not require conditional use approval.

J. Indoor Recreation and Entertainment.

1. In the R-R, R-1, R-2, R-3, R-4, and R-MH districts, indoor recreational facilities are permitted if they are located in private common space and use of the facility is limited to residents of the development and their guests.

2. In the MU-N and MU-R districts, clubhouses and indoor recreational facilities owned or operated by homeowners’ associations, apartment operators, or special assessment districts are permitted.

3. In the MU-OI district:

a. Permitted indoor recreation facilities include only those that are primarily used by the occupants of the building and that are compatible with adjacent uses.

b. This use shall not exceed five percent of the gross floor area of the building or 500 square feet, whichever is greater. Anything greater than 500 square feet, but not to exceed 15 percent of the gross floor area of the building, requires conditional use approval.

c. All indoor stadiums shall comply with Section 11-18.5 of the Aurora City Charter prohibiting direct or indirect subsidies to motor sports facilities.

K. Outdoor Entertainment.

1. [RESERVED]

2. [RESERVED]

3. All outdoor stadiums shall comply with Section 11-18.5 of the Aurora City Charter prohibiting direct or indirect subsidies to motor sports facilities.

L. Pari-Mutuel Wagering Facility. Pari-mutuel wagering facilities shall not be open or operate between the hours of 12:00 midnight and 6:00 a.m. if the facility abuts a Residential zone district.

M. Private Golf Course, Tennis Club, Country Club, or Clubhouse.

1. In Residential zone districts, this use must be owned or operated by a homeowners’ association, apartment operator, or charitable organization.

2. If this use includes one or more accessory guest rooms or guest houses, such accommodations shall comply with the building code, or if the guest room or guest house is assembled off-site, shall comply with the building construction standards of the federal Mobile Home Construction and Safety Standards Act of 1974 and Articles I, III, and IV of Chapter 90 of the Aurora City Code.

N. Racetrack. All racetracks shall comply with Section 11-18.5 of the Aurora City Charter prohibiting direct or indirect subsidies to motor sports facilities.

O. Recreational Vehicle Park. Any Recreational Vehicle Park shall be subject to the following standards:

1. The Recreational Vehicle Park shall be a minimum of five acres in size, and a maximum of 40 acres.

2. Recreational vehicles shall not be visible from adjacent or surrounding arterial streets or highways. Screening shall comply with Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

3. Recreational Vehicle Park entrances shall be directly from an arterial street, and routes to the park shall not pass through residential neighborhoods.

a. The Recreational Vehicle Park shall be landscaped in accordance with the standards and provisions of Section 136-4.7 (Landscape, Water Conservation, Storm water Management, except that perimeter buffer widths of a Recreational Vehicle Park shall be a minimum of 25 feet wide.

b. A minimum of 25 percent of the Recreational Vehicle Park shall be outdoor common area. This may include natural areas, landscaped perimeter buffers, landscape areas between camping areas, trails and walks, the landscaped portions of RV sites, active recreation areas for Recreational Vehicle Park patrons, and any other landscaped portions of the site. Outdoor common areas shall not include the vehicular area of recreational vehicle sites, parking, roadways, buildings, or other similar improvements.

4. Vehicular areas of each recreational vehicle site shall be a minimum of 14 feet by 65 feet.

5. Any slide-outs, stairs, or similar items shall be contained within the vehicular area of the site.

6. No more than one recreational vehicle shall be permitted at any individual site. Vehicles that tow or are towed by the recreational vehicle shall also be parked in the same portion of the site as the recreational vehicle.

7. Recreational vehicle parks shall have a full-time manager on site at all times.

8. Services and amenities within the Recreational Vehicle Park shall be restricted to use by registered campers and their guests, and shall include at a minimum water, sewer, and electricity for each site, water and sewer facilities for common buildings, dump stations, common bathrooms and showers in the camping area, laundry facilities, a management office, and an active recreational area.

9. An active recreation area shall be a minimum of four percent of the site, and may include a clubhouse, indoor swimming pool, outdoor amphitheater, food and beverage service, catering facilities, and other such similar amenities.

10. Sale of retail items shall be limited to registered campers and their guests, and shall not occupy more than 2,000 square feet of building area.

11. No blocking or skirting of recreational vehicles shall be permitted.

12. No outdoor storage by park guests shall be permitted.

13. The site shall be properly graded for drainage; surfaced with concrete, asphalt or any other improved surface approved by the Planning Director based on durability, appearance, and dust control.

14. The site shall be maintained in good condition, free of weeds, trash, and debris.

P. Pawnbroker. Pawnbrokers shall not be located within two miles of another pawnbroker business location. If a pawnbroker use is abandoned, discontinued, or ceases operation for more than one year, it shall not be reestablished at that location if it is within a two-mile radius of the location of any other pawnbroker business.

Q. Personal Service.

1. In the MU-OA-R2 subdistrict, only personal services, small, are permitted, and the use must be located at the corner of two streets and must comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval.

2. In the MU-OA-RMU subdistrict, this use is only available in two circumstances:

a. It must be located at the corner of two streets and comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval; or

b. It must comply with the standards in Section 146-2.4.4.F.2 (Ground Floor Commercial Use), which does not require conditional use approval.

R. Retail Liquor Store.

1. In Subarea A, a retail liquor store shall not be established within 300 feet of a single-family residential use unless a conditional use approval has been obtained.

2. No retail liquor store or liquor licensed drugstore, not existing or operating on February 1, 2004, shall be established, operated, or maintained within 1,500 feet of another liquor store as measured in a straight line from the nearest portion of the exterior of the existing business to the nearest portion of the exterior of the proposed business. Retail liquor stores and liquor licensed drugstores that existed or operated prior to the amendment of this Section are exempt from this Section as to those existing locations. Such preexisting uses are specifically considered existing businesses and not subject to the limitations of a nonconforming use or building as defined by Section 5.5, Pre-Existing Development and Nonconformities. Existing licensed retail liquor stores or liquor licensed drugstores may change location only if the new location meets the dispersal requirement contained in this Section.

S. Marijuana Establishments. The following standards shall apply to marijuana establishments:

1. Prohibited Uses. The following uses are not permitted within the City of Aurora:

a. Marijuana membership club;

b. Vapor lounge;

c. Off-premises marijuana storage facility; and

d. Outdoor cultivation, preparation, and packaging of marijuana.

2. Location Restrictions. Where this Section 146-3.3.5.S imposes distance restrictions, and an existing lot or parcel does not conform to the distance requirements, the City shall not permit the lot or parcel to be subdivided for the purpose of creating a new lot or parcel that complies with the distance requirements, unless all lots and parcels resulting from the subdivision will be lots or parcels capable of accommodating development that complies with all applicable requirements of this UDO for the zone district in which the property is located.

3. Retail Marijuana Store.

a. Distance from Schools. No retail marijuana store shall be licensed if located within 1,000 feet of a pre-K-12 public or private elementary, vocational, or secondary school. This distance shall be measured in a straight line from the nearest property boundary of the school property to the address point of the retail marijuana store.

b. Distance from Hospitals and Substance Abuse Treatment Center. No retail marijuana store shall be licensed if located within 500 feet of a hospital or substance abuse treatment center. This distance shall be measured from the nearest property boundary of the hospital or treatment center property to the address point of the retail marijuana store. For purposes of this Subsection, the terms "hospital" and "substance abuse treatment center" shall have the same meaning as set forth in Section 6-302 of the Aurora City Code.

c. Hours of Operation. It shall be unlawful for any retail marijuana store licensed pursuant to this UDO to remain open to the public at any time other than between the hours of 8:00 a.m. and 10:00 p.m. daily.

4. Marijuana Cultivation Facility, Product Manufacturing Facility, Research Business, Testing Facility, or Marijuana Transporter Licensed Premises

a. No marijuana cultivation, product manufacturing facility, research business, testing facility, or marijuana transporter licensed premises, shall be permitted within 300 feet of an existing conforming residential use or any Residential or POS zone district, or any government-owned public park, recreation area, or open space. This distance shall be measured from the nearest property boundary of such use or district to the nearest property boundary of such facility.

b. Additional restrictions on location of this use may be applied through permitting and licensing of this use.

5. Marijuana Greenhouse Cultivation Facilities. Greenhouses used for the cultivation of marijuana shall comply with the following standards in addition to the standards in Section 146-4.8 (Building Design Standards).

a. Building Design.

i. Four-sided Design.

(a) All building façades facing or visible from a public or private street shall be finished with the same mix of materials and colors and the same degree of fenestration and articulation used on the primary entry(s).

(b) Such façades shall have a combination of windows, entries, awnings, masonry columns, wainscot, or other such features along no less than 50 percent of the horizontal length.

ii. Building Form.

(a) Wall plane projections, recesses, or off-sets with a depth of at least three inches are required. Panels shall be embossed with reveals that repeat a common pattern.

(b) All elevations visible from a public or private street or adjacent to a residential use or Residentially zoned lot shall include at least one three-foot change in building façade setback or parapet height along each 60 lineal feet of the façade.

(c) When through-wall units or vents appear on exterior building walls, the units or vents must be covered by an architectural grille and be designed to minimize this visual contrast with surrounding wall surfaces. When the units are adjacent to building windows, they shall be designed to appear as part of the window pattern by matching window dimensions, colors, or trim. When visible from the public right-or-way, the units shall not overhang surrounding wall planes and shall be set flush with the façade or be placed inconspicuously in façade recesses.

b. Building Materials.

i. Metal Buildings. High quality, interlocking architectural metal panels of various textures, providing contrasting depth and visual interest are permitted as a primary exterior surface material.

ii. Roof Materials. All translucent roof areas visible from any public or private right-of-way shall have the ability to shade light from the roof so that glare from inside the building does not create adverse impacts on an abutting property.

c. Lighting.

i. Proximity to Airport. When a greenhouse is within two miles of an airport a referral will be sent to the airport for their review, and additional lighting controls recommended by the airport may be required.

ii. Indoor. Indoor greenhouse lighting shall minimize the potential for glare and unnecessary diffusion on adjacent properties or sky. The use of black out curtains or similar devices may be required.

d. Screening.

i. Vents. All vents greater than eight inches in diameter shall be integrated into the building design and shall be flush with the façade or inserted inconspicuously into a wall recess.

ii. Screen Height. Screens shall be at least as high as the equipment they hide. If equipment is visible because a screen does not meet this minimum height requirement, the Planning Director may require construction modifications prior to issuance of a permanent certificate of occupancy.

iii. Exposed HVAC Units and Grilles.

(a) Through-wall units or vents located on exterior building walls shall be covered by an architectural grille and designed to blend in with surrounding wall surfaces.

(b) Through-wall units or vents located adjacent to building windows shall be designed to appear as part of the building's window pattern by matching window dimensions, colors, or trim.

(c) Through-wall units or vents visible from the public right-of-way shall not overhang surrounding wall planes and shall be set flush with the façade or be placed inconspicuously in façade recesses.

iv. Service Areas and Loading Docks.

(a) Screen height shall be of sufficient height to hide the equipment, vehicles, materials, or trash being screened from public view, but in no case shall exceed a height of 10 feet.

(b) Chain link fences, with or without slats, shall not be used to satisfy this screening requirement.

e. Best Management Practices. Best management practices are mitigation measures applied to marijuana cultivation facilities to promote the cultivation of marijuana in an environmentally sensitive manner. Licensed marijuana cultivation facilities are required to employ best management practices to ensure mitigation of land use impacts from such facilities on the surrounding area, including, but not limited to, the installation of air scrubbing and filtration systems.

T. Retail Sales.

1. In all zone districts, any establishment on a lot that is located partially or entirely within 300 feet of an R-R, R-1, or R-2 zone district and that will remain open to the public after 12:00 midnight shall require a conditional use approval.

2. After the Effective Date, in all zone districts, a Retail Sales use that holds a license from the State of Colorado permitting the sale of fermented malt beverages shall not be located within 500 feet to any Retail Liquor Store, and shall comply with all other Colorado statutes and regulations regarding the location of such use. The distance shall be determined by a radius measurement that begins at the principal doorway of the premises for which the application is made and ends at the principal doorway of the other licensed retail premises.

3. [RESERVED]

4. In the MU-OI district, only retail sales that are primarily used by the occupants of the building are permitted.

5. In the MU-OA-R2 subdistrict, only retail sales, small, are permitted, and the use must be located at the corner of two streets and must comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval.

6. In the MU-OA-RMU subdistrict, this use is only available in two circumstances:

a. It must be located at the corner of two streets and comply with the standards in Section 146-2.4.4.F.1 (Corner Commercial Use), which requires conditional use approval; or

b. It must comply with the standards in Section 146-2.4.4.F.2 (Ground Floor Commercial Use), which does not require conditional use approval.

7. In the MU-TOD district:

a. Any structure or use with more than 60,000 square feet of gross floor area on the ground floor requires conditional use approval.

b. A grocery store with a maximum gross floor area of 80,000 square feet shall be a permitted use if shown in the Station Area Plan.

8. [RESERVED]

U. Sexually-Oriented Business. This use shall comply with Chapter 86-556 of the Aurora City Code (Location of Sexually-Oriented Businesses).

V. Above Ground Bulk Storage of Flammable Liquids or Gasses.

1. This use is not permitted as accessory to a residential use.

2. When used as an accessory use to a non-residential use, such storage of liquids or gasses shall be directly connected to the energy or heating devices on the premises.

W. Bulk Commodity Storage Facility.

1. No more than 2,000 gallons of highly flammable or explosive liquids, solids, or gasses shall be stored above ground.

2. This use is not permitted within one-half mile of I-70 right-of-way or within one-half mile of any residential use.

X. Outdoor Storage.

1. The site shall be properly graded for drainage; surfaced with concrete, asphalt or any other improved surface approved by the Planning Director based on durability, appearance, and dust control.

2. The site shall be maintained in good condition, free of weeds, trash, and debris.

3. The site shall provide barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment, or supplies.

4. The site shall provide entrances and exits located to minimize traffic congestion.

5. The site shall provide barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a zone lot line abutting a residential zone lot or separated there from a street.

6. The site shall be appropriately screened from view from adjacent streets and non-industrial properties by an opaque screen to a height of nine feet with landscaping that complies with Section 146-4.7.8 (Screening of Service Areas and Equipment) including but not limited to 146-4.7.5.F (Required Landscape Buffer Widths and Allowed Reductions)

7. Lighting facilities shall be arranged so that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.

8. The view of loading areas shall be minimized where visible, especially from the front line of the lot and from interstate highways, expressways, and park and open space areas.

9. In Subareas A and B, this use is not permitted as a primary use within one-quarter mile of I-70 right-of-way. In Subarea C, this use is not permitted as a primary use within one-half mile of I-70 or E-470 right-of-way.

10. No highly flammable or explosive liquids, solids, or gasses shall be stored in bulk above ground. Tanks, drums, or fuel directly associated with business operation is excluded provided they meet all life safety standards.

Y. Self-Storage Facility.

1. An accessory caretaker’s residence or office may be included in the self-storage facility, provided the residence or office shall:

a. Be located along the street frontage;

b. Incorporate a gable, hip or shed roof forms; and

c. Include a prominent entry to add to visual interest from the street.

2. Only storage of goods and materials are allowed in self-storage rental spaces. The use of storage spaces as a location to conduct a business is prohibited.

3. The storage of hazardous materials is prohibited. Storage of feed, fertilizer, grain, soil conditioners, pesticides, chemicals, explosives and other hazardous materials, asphalt, brick, cement, gravel, rock, sand and similar construction materials, inoperable vehicles, or bulk storage of fuels shall be prohibited.

4. The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances, and other similar equipment on the premises is prohibited.

5. Where the site is adjacent to residentially zoned land, loading docks are prohibited on the side of the facility facing the residentially zoned land.

6. A permanent screen shall be required and shall conform to landscaping and screening requirements in Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

7. Public access shall only be permitted between 6:00 a.m. and 10:00 p.m.

8. If the facility is located in an MU-C or MU-R district all storage shall be contained within a fully enclosed structure that:

a. Is at least a two-story structure with storage units on upper floors with access doors to storage units accessed from interior hallways.

b. Does not have any garage doors or access doors to any storage unit facing any public street, park, or open space, unless the doors are screened from all visible public streets, parks, and open spaces.

9. In the APZ district all buildings and structures shall comply with the development standards of the APZ zone district, Federal Aviation Administration standards, and all other applicable federal regulations.

Z. Storage, Distribution, and Warehousing. Storage, distribution, or warehouse facilities shall comply with the following standards:

1. [RESERVED]

2. The use shall not locate storage areas, truck loading bays, or vehicle circulation routes within a required setback or perimeter buffer.

3. The use shall locate outdoor storage areas to the rear of the principal structure and screen them in accordance with Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

4. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

5. The use shall have direct access onto a street.

6. For a primary structure containing this primary use, the maximum permitted building height is 100 feet, notwithstanding the maximum height otherwise applicable in the zone district.

AA. Equipment Rental and Repair.

1. In the MU-C and MU-A districts, this use is limited to the repair of household and small business equipment and may have a maximum of 7,500 square feet of gross floor area on the ground floor, and outdoor storage is prohibited.

2. In the AD, I-1, and I-2 districts, rental, repair, and servicing outdoor operations shall be fully screened from view from adjacent properties in accordance with Section 146-4.7 (Landscape, Water Conservation, Stormwater Management).

BB. Heavy Manufacturing.

1. This use is not permitted within one-quarter mile of a single-family residential use.

2. For a primary structure containing this primary use, the maximum permitted building height is 100 feet, notwithstanding the maximum height otherwise applicable in the zone district.

CC. Light Manufacturing.

1. For a primary structure containing this primary use, the maximum permitted building height is 100 feet, notwithstanding the maximum height otherwise applicable in the zone district.

DD. Oil and Gas Facility.

1. Each oil and gas facility and oil and gas location shall be subject to the rules and regulations set forth in Chapter 135 of the Aurora City Code (Oil and Gas Manual), as amended.

2. Notice to Purchasers.

a. A seller of real property upon which an oil or gas well or facility has been located shall provide written notice of the existence of such well to a purchaser of such real property prior to the closing of the sale. The seller shall cause the following notice to be recorded with the clerk and recorder of the appropriate county:

Notice: The property known as [legal description and address] contains an oil and/or gas well.

This requirement to provide notice to prospective purchasers and record such notice shall only apply to the transaction between the developer or builder and the initial purchaser and does not apply upon any subsequent sale of the property.

b. Vendors of residentially zoned real property within a state-determined setback shall provide the following notice to prospective purchasers in 14-point bold type on a single sheet of paper that is signed by the prospective purchaser prior to entering into a contract for purchase:

Notice of nearby oil and gas facility.

This property is located within a state-determined setback from an oil and gas facility.

Vendors of residentially zoned real property within a state-determined setback from an oil and gas facility shall cause the following notice to be recorded with the clerk and recorder of the appropriate county:

Notice

The property known as [legal description and address] is located within a state-determined setback from an oil and gas facility.

This requirement to provide notice to prospective purchasers and record such notice shall only apply to the transaction between the developer or builder and the initial purchaser and does not apply upon any subsequent sale of the property.

The City Council declares that the purpose of this Section is to facilitate the development of oil and gas resources within the City limits and to mitigate potential land use conflicts between oil and gas development and existing and planned land uses. Nothing in this Section shall be construed as giving the City the authority to enforce state regulations.

EE. Specialty Food Production.

1. In the MU-N district, this use shall not exceed 5,000 square feet of gross floor area.

2. In other Mixed-Use zone districts where this use may occur pursuant to Table 3.2-1, and in the AD zone district, it shall not exceed 10,000 square feet of gross floor area.

3. In the I-1 and I-2 zone districts, this use does not have maximum size limit.

FF. Railroad Track. Lead tracks or spur lines that are adjacent to a less intense zone district, or that terminate at an expressway, arterial, or interstate highway, shall be set back a minimum of 50 feet from the less intense district or highway. Visible portions of track shall be screened from view, by a combination of landscaping, decorative wall, or opaque fencing.

GG. Transit Facility.

1. Facility Requirements. All commercial transit facilities shall have a designated passenger waiting room not less than 200 square feet in floor area. There shall be one seat for each 25 square feet of floor area of the waiting room. Restroom facilities shall be available to all employees and customers of the commercial transit facility during all hours of operation. Restrooms shall be internally accessible from the business reception/waiting room area. If the commercial transit facility is in a multi-level office building, the restrooms shall be directly accessible from a public hallway on the same floor as the commercial transit facility.

2. Access. The facility shall provide direct pedestrian and bicycle access to those adjacent properties necessary to allow potential transit passengers to access the facility conveniently, as determined by the Planning Director.

3. Loading. It shall be unlawful to load or unload passengers or cargo in the public right-of-way.

4. Prohibitions on Outdoor Merchandise Sales. Notwithstanding any provision to the contrary, the outdoor sale of merchandise is prohibited.

5. Additional Limitations in MU-OA District. In the MU-OA zone district, this use is limited to public, rather than commercial, transit facilities

HH. Electric Power Generator Station.

1. The site shall be screened from view from adjacent streets and non-industrial properties by a combination of an opaque fence, berm, or decorative wall, with dense landscaping that completely conceals the view of the electric power generator station from adjacent non-industrial properties. Height, landscaping, and materials of walls and fences shall comply with the standards in Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

II. Solar Collector as a Primary Use. Principal solar collectors shall conform to all height, setback, and landscaping requirements within their respective zone district. The following additional standards apply to all solar collectors:

1. All solar collector systems shall be in compliance with all currently adopted Aurora Building Codes.

2. Solar collector systems that use concentrator technologies and have not incorporated anti-glare measures into the system or installation shall be placed in areas so that the concentrated solar glare shall not be directed onto inhabited adjacent properties or roadways.

3. The design of the solar collector system shall use materials, colors, textures, screening and landscaping similar to their background or the existing natural environment. This shall be done to the most reasonable extent possible without prohibiting the installation.

JJ. Telecom Facilities.

1. Applicability.

a. The following standards address Telecom Facilities that are not located in the public right-of-way. Telecom Facilities in the public right-of-way require a license agreement and are governed by Chapter 30 of the Aurora City Code.

b. Nothing in this Section 146-3.3.5.JJ shall be interpreted as applicable to small cell or Wireless Communications Facilities as those terms are defined in, or as those types of installations, which are governed by, the City’s Wireless Communications Facilities Standard Operating Procedures.

2. Purpose. The purpose of this Section is to minimize negative visual impacts by encouraging building-mounted, stealth, and co-located Telecom Facilities. Consistent development review practices are promoted through the application of explicit design and location criteria. Facilities that require administrative approvals are preferred. Facilities that require conditional use approvals shall be limited to the maximum extent practicable.

3. Site Selection Criteria. An application for this use shall address each of the following site selection elements:

a. Potential for screening by existing vegetation, structures, and topographic features.

b. Compatibility with adjacent land uses.

c. Opportunities to mitigate visual impacts.

d. Availability of suitable existing structures for antenna mounting. An applicant for a new freestanding Telecom Facility shall demonstrate that a good faith effort has been made to locate its Telecom Facility on existing Towers or buildings including, but not limited to, existing freestanding Telecom Facilities. Evidence of good faith must include copies of correspondence with owners or operators of existing freestanding Telecom Facilities. The applicant shall demonstrate that due to physical constraints, or economic or technological infeasibility, no such location or co-location is available. The applicant shall demonstrate that contact has been made with the owners of all suitable structures within the search area of the proposed site and was denied permission to locate its Telecom Facility on those structures.

e. Search area description.

4. Preferred Telecom Facility Type. The City’s preferred types of telecom facilities are listed below in order of preference, the City’s highest preference listed first. The applicant shall choose the type of facility highest in preference that provides the type of service required, to the maximum extent practicable, and shall demonstrate during the application process why types of telecom facilities listed as higher preferences in the list below were not selected.

a. Roof/building mounted telecom facility.

b. Freestanding stealth telecom facility.

c. Freestanding unipole telecom facility.

d. Freestanding monopole telecom facility.

e. Freestanding tower telecom facility.

5. Design Criteria. All Telecom Facilities shall comply with the following criteria:

a. Telecom Facilities shall be designed to be compatible with surrounding buildings and existing or planned uses in the area. This may be accomplished by using compatible architectural elements in the design, such as color, texture, scale, and character.

b. Telecom Facilities shall preserve or enhance the existing character of the topography and vegetation, and existing compatible vegetation shall be preserved or improved, to the maximum extent practicable.

c. Roof and building-mounted antennae shall be screened and/or colored to match the building to which they are attached.

d. A variety of techniques shall be used to screen Telecom Facilities and their associated structures including but not limited to landscaping, berming, and fencing or combinations of those tools that comply with Section 146-4.7 (Landscape, Water Conservation, Storm water Management)) including but not limited to Section 146-4.7.8 (Screening of Service Areas and Equipment).

e. Every new freestanding and Tower Telecom Facility shall be designed and constructed to accommodate two Telecom providers.

f. No Telecom Facilities are permitted on any single-family residential lot or structure.

g. Maximum Height.

i. The height of any freestanding or stealth Telecom Facility shall comply with the height limit of the zone district in which the property is located, unless a Hardship Variance is approved pursuant to Section 146-5.4.4.A or a Major Adjustment is approved pursuant to Section 146-5.4.4.D, or unless the structure is to be located within a height overlay district that permits the additional height.

ii. Whenever an antenna is attached to a building roof, the height of the antenna shall not be more than 15 feet above the height of the building. If the building is constructed to the height limit of the zone district in which the property is located, an additional 15 feet of antenna height is permissible.

iii. The height of a stealth Telecom Facility in the POS zone district shall not exceed 50 feet, unless a Hardship Variance is approved pursuant to Section 146-5.4.4.A or a Major Adjustment is approved pursuant to Section 146-5.4.4.D.

h. Minimum Setbacks.

i. Freestanding and stealth Telecom Facilities located adjacent to any property zoned for residential use shall be set back from each property zoned for residential use at least one foot for every foot of tower height.

ii. Freestanding and stealth Telecom Facilities not located adjacent to property zoned for residential use shall comply with the minimum setbacks for buildings or structures in the zone district where the property is located.

iii. Freestanding and stealth Telecom Facilities located adjacent to any existing or planned public right-of-way shall be set back from the public right-of-way at least one foot for every foot of tower height.

6. Application and Approval Procedures.

a. Site Plan. An application for freestanding facilities shall be submitted with a Site Plan showing compliance with the requirements of this Section 146-3.3.5.JJ. If required, the Planning and Zoning Commission shall conduct a public hearing on the proposed plan to determine if the plan conforms to the provisions of this Section 146-3.3.5.JJ. The City shall make reasonable efforts to approve or deny all applications within 90 calendar days after receiving a complete application.

b. Administrative Approval. An application for administrative approval shall be submitted in conformance with the submittal requirements adopted by the Planning Director, who shall review the application for conformity with the requirements of this Section 146-3.3.5.JJ. The Planning Director shall render a decision within 60 calendar days of submittal of a complete application.

c. Temporary Facilities. Temporary Telecom Facilities (also known as cell on wheels) shall not be erected at any location without approval by the City.

7. Complete Application. In addition to any other City application requirements, a complete application for a Telecom Facility must include the following:

a. Photo simulations illustrating the existing and proposed views of the facility;

b. Written confirmation that the application complies with the Site Selection Criteria, Preferred Telecom Facility Type standards, and Design Criteria in this Section 146-3.3.5.JJ;

c. A complete CMRS Owner’s Responsibility Form; and

d. A Letter of Authorization from the owner of the property where the Telecom Facility is or will located if approved.

8. Criteria and Decision.

a. All applications under this Section 146-3.3.5.JJ shall comply with all applicable federal, state, and local laws and regulations.

b. Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

9. Co-location.

a. Unless otherwise required by federal or state law, a maximum of two providers' visible panel antenna arrays is permitted on any one freestanding structure. However, visible whip antennae may be maintained for a third and fourth co-locator. A third provider's visible panel antenna array may be permitted if it is determined through plan review that the addition of the third array is compatible with the surrounding buildings and existing or planned uses in the area. Each Telecom provider possessing visible panel antenna arrays on a freestanding facility may also operate one microwave dish on the freestanding facility, provided the microwave dish does not exceed 48 inches in diameter.

b. No Telecom Facility owner or lessee or employee of that entity shall act to exclude or attempt to exclude any other Telecom provider from the same location. A Telecom Facility owner or lessee or employee of that entity shall cooperate in good faith to achieve co-location of antennae with other Telecom providers.

c. This Section 146-3.3.5.JJ.9 shall not be interpreted to prevent a co-location of Telecom Facilities as required by the federal Telecommunications Act and Middle Class Tax Relief and Job Creation Act (2012) (as amended and interpreted by the federal courts), including without limitation processing of applications for approval of “eligible facilities” and treatment of Telecom Facilities that do not propose “substantial changes” to existing facilities, as those terms are defined in the Act.

10. Small Cell Standard Operating Procedures. All Small Cell Facilities shall be operated in compliance with those Small Cell Standard Operating Procedures issued June 18, 2018, as those procedures may be amended by the City in the future.

11. Removal and Notification of Decommission.

a. Any Telecom Facility that is no longer used for Telecom purposes shall be removed from its site by the Telecom operator or operators that stopped using the facility or, alternatively, by the land owner, not later than 180 calendar days after such the use of the facility for Telecom purposes has ended.

b. A Telecom operator shall notify the Planning Department at the time the FCC is notified of a decommissioned site.

KK. Utility, Major.

1. Electrical Substations in R-1, R-2, and MU-A Zone Districts in Subarea C

a. All substation facilities shall use color, materials, and height that achieve compatible design with surrounding and proposed uses.

b. The perimeter of all substations shall be screened by a minimum nine foot tall fence that complies with the standards in Section 146-4.7.9 (Fence and Wall Regulations).

c. The area of disturbance surrounding the substation improvements shall be kept to an absolute minimum.

d. Where the substation is located in a native environment in Subarea C:

i. All visual mitigation shall be consistent in character with the adjacent landscape. Proposed landform alterations, berms, swales and rolling topography, shall be subtle, fitting in with the surrounding topography to the maximum extent practicable.

ii. Landscape materials shall be consistent with the natural environment. Where no plants exist in the native condition, it would be inappropriate to propose significant plantings to screen the substation.

iii. Where feasible, substation infrastructure shall consist of earth tone colored components in effort to blend in with the native environment.

2. Major Public Electrical or Natural Gas Facility.

a. Approval of a Site Plan complying with the requirements and procedures of Section 146-5.4.3.B (Site Plans) shall be necessary prior to the location, construction, or improvement of major electrical or natural gas.

b. Final decision on an application for a Site Plan relating to the location, construction, or improvement of a major electrical or natural gas facility shall occur within 90 calendar days after submission of a final and complete application for a Site Plan. If a decision for approval, denial, or approval with conditions has not occurred within such time, the application shall be deemed approved. The 90 calendar period for a determination shall not commence until the Planning Director determines that the Site Plan application is complete according to the standards and procedures uniformly applied to all applicants for Site Plans.

c. Nothing in this Section 146-3.3.5.KK.2 shall be construed to supersede any time line set by agreement between the City and a public utility applying for approval of a Site Plan for the location, construction, or improvement of major electrical or natural gas facilities.

LL. Wind Energy System.

1. For All Wind Energy Systems.

a. No tower shall be lit, except to comply with Federal Aviation Authority (FAA) standards.

b. All wiring between the wind system and the substation shall be buried underground.

c. All proposed wind systems shall conform to the standards established in Article 18, Chapter 146 of the Aurora City Code, regulating noise within the City of Aurora.

2. For Large Wind Energy Systems.

a. The minimum acreage for a large wind system shall be established based on the setbacks of the turbine(s) and the height of the turbine(s);

b. All turbines located within the same large wind system property shall be of a similar tower design, including the type, number of blades, and direction of blade rotation;

c. Large wind systems shall be setback at least 1.5 times the height of the turbine and rotor diameter from the property line. Large wind systems shall also be setback at least 1.5 times the height of the turbine from above ground telephone, electrical lines, and other uninhabitable structures;

d. Towers shall not be climbable up to 15 feet above ground level.

MM. Automobile and Light Truck Sales and Rental.

1. The following are applicable:

a. This use must be located a minimum of 300 feet from the nearest Residential zone district or residential component of a Mixed-Use zone district.

b. Where this separation does not exist, conditional use approval shall be required.

2. All rental and servicing operations shall be fully screened from view from adjacent properties pursuant to Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

3. Car dealerships shall comply with the following standards:

a. A display area for the sale of automobiles must be designated on the Site Plans,

b. Elevated display areas are permitted at rate of one for every 100 linear feet of frontage.

4. Vehicle storage yards shall be located to the rear of the main building. Internal landscaping of vehicle storage areas shall not be required, but lot perimeter landscaping shall be provided pursuant to Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

a. No loading and unloading of vehicles or parking or sale of display vehicles will be allowed in the public right-of-way,

b. No vehicle shall be parked, stored or displayed for the purpose of sale in the designated display spaces that show evidence of having flat tires or has exterior body damage, and

c. No vehicle ramp display equipment will be allowed on site.

5. After the Effective Date:

a. In all zone districts where these uses are permitted or conditional uses, if two of the four corners of a street intersection are occupied by any of the following four uses, none of the five listed uses may be located on the remaining corner lots at that street intersection, or on any lot partially or entirely located within 500 feet of the corner along either of the intersecting streets:

i. Automobile and Light Truck Sales and Rental;

ii. Motor Vehicle Body Shop and Painting;

iii. Motor Vehicle Fuel Dispensing Station;

iv. Motor Vehicle Repair and Service; or

v. Motor Vehicle Wash.

b. The restrictions in Subsection a above do not apply to properties located:

i. Within the -HSO zone district; or

ii. Within the I-1 or I-2 zone districts and within an approved Master Plan containing an exception to the restrictions in subsection.

NN. Motor Vehicle Body Shop and Painting; Motor Vehicle Repair and Service.

1. No motor vehicle may be stored outdoors for a period longer than 30 consecutive days.

2. Equipment, auto parts, and supplies used in conjunction with servicing, repair, painting, or body repair shall be stored inside an enclosed structure at all times. Outdoor storage of auto-related parts and equipment, including but not limited to tires and fluid containers, shall not be allowed.

3. All service, painting, and auto body operations and equipment shall only occur within a fully enclosed structure.

4. Streets, alleys, and public rights-of-way shall not be used for the storage of inoperable vehicles, or for storage of any vehicles awaiting service or work by the establishment, or for performing any motor vehicle servicing, painting, or body repair at any time. Any inoperable vehicles left on streets, alleys, or public rights-of-way when the facility is not open for business must be moved inside an enclosed structure within one hour after the facility opens for business on the following business day.

5. In the MU-OA district, this use is limited to motor vehicle repair and service establishments existing on the Effective Date.

6. In the I-2 district, motor vehicle repair, painting, and auto-body uses adjacent to Residential zone districts require conditional use approval.

7. In the I-1 and I-2 districts:

a. If this use is located within 300 feet of a single-family residential use, the use is a conditional use.

b. Where this separation does not exist conditional use approval shall be required.

8. All repair and servicing operations shall be fully screened from view from adjacent properties pursuant to Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

9. After the Effective Date:

a. In all zone districts where these uses are permitted or conditional uses, if two of the four corners of a street intersection are occupied by any of the following four uses, none of the five listed uses may be located on the remaining corner lots at that street intersection, or on any lot partially or entirely located within 500 feet of the corner along either of the intersecting streets :

i. Automobile and Light Truck Sales and Rental;

ii. Motor Vehicle Body Shop and Painting;

iii. Motor Vehicle Fuel Dispensing Station;

iv. Motor Vehicle Repair and Service; or

v. Motor Vehicle Wash.

b. The restrictions in Subsection a above do not apply to properties located:

i. Within the -HSO zone district; or

ii. Within the I-1 or I-2 zone districts and within an approved Master Plan containing an exception to the restrictions in subsection.

OO. Motor Vehicle Fuel Dispensing Station.

1. General.

a. This use may not be located within 500 feet of an Adult or Child Day Care Center, Hospital, Elementary or Secondary School, Nursing or Convalescent Home or Group Home, FHAA.

b. No Adult or Child Day Care Center, Hospital, Elementary or Secondary School, Nursing or Convalescent Home, or Group Home, FHAA, shall be permitted to locate within 500 feet of a Motor Vehicle Fuel Dispensing Station.

c. The restrictions in Subsections a and b above shall not apply to normal scheduled delivery of combustible fuel into approved tanks used for heating or the operation of emergency electrical generating equipment, provided such delivery is made in accordance with approved dispensing practices with regard to public safety.

d. The Fire Chief may modify the provisions of Subsections 1.a and 1.b above where there are practical difficulties in strict compliance with those Subsections; provided, that the spirit of those two Subsections is complied with and public safety is secured.

e. The storage of equipment, auto parts, and supplies used in conjunction with servicing, painting, or body repair shall be maintained inside an enclosed structure. Outdoor storage of auto-related parts and equipment shall not be allowed.

f. All service shall only occur within a fully enclosed structure.

g. Parking areas shall not be used for motor vehicle salvage, the storage of inoperable vehicles, or any motor vehicle servicing, painting, or body repair.

2. Whenever modifications are made to the architectural features or site features of a motor vehicle fuel dispensing station constructed before the Effective Date, a Redevelopment Plan shall be required in accordance with the requirements of Section 146-5.4.3.B.3 (Minor Site Plan).

3. Where this use is located adjacent to a Residential zone district, the lot lines adjacent to the Residential zone district shall be screened pursuant to Section 146-4.7 (Landscape, Water Conservation, Storm water Management)

4. [RESERVED]

5. In the MU-OA districts, with the exception of the MU-OA-G district, this use is limited to those establishments existing on the effective date.

6. [RESERVED]

7. [RESERVED]

8. After the Effective Date:

a. In all zone districts where these uses are permitted or conditional uses, if two of the four corners of a street intersection are occupied by any of the following four uses, none of the five listed uses may be located on the remaining corner lots at that street intersection, or on any lot partially or entirely located within 500 feet of the corner along either of the intersecting streets :

i. Automobile and Light Truck Sales and Rental;

ii. Motor Vehicle Body Shop and Painting;

iii. Motor Vehicle Fueling Station;

iv. Motor Vehicle Repair and Service; or

v. Motor Vehicle Wash.

b. The restrictions in Subsection a above do not apply to properties located:

i. Within the -HSO zone district; or

ii. Within the I-1 or I-2 zone districts and within an approved Master Plan containing an exception to the restrictions in subsection.

9. Design Standards for Motor Vehicle Fuel Dispensing Stations.

a. Setbacks for Buildings and Fueling Area Canopies. When site constraints such as easements, floodplains, utilities, or others do not impact building placement, primary buildings shall front the street and fueling area canopies shall be set back behind buildings, and no street frontage buffers for building perimeters shall be required.

b. Canopy Compatibility. The materials, colors and forms on the fueling area canopy shall repeat those used on other structures on the site.

c. Canopy Columns.

i. The cross-section of canopy columns shall have a minimum width of 24 inches and depth of 16 inches, except that round columns shall have a minimum diameter of 24 inches.

ii. All columns shall be faced with brick, metal panels, stucco, or decorative masonry block to match the wall materials of the main building.

iii. Columns may be any shape, as long as they meet the minimum dimensional standard listed above for at least 3/4 of their height.

d. Canopy Fascia Colors.

i. Intense, bright, or florescent colors shall not be used as the predominant canopy fascia color.

ii. Strong accent colors may be used as decorative elements on the fascia, but they shall be limited to horizontal bands of a total area not to exceed 40 percent of the area per facade and/or canopy fascia side.

iii. Additional fascia color bands or designs in excess of 40 percent are permitted, and count toward the total allowable sign code area for the site.

iv. Lighting.

(a) All lighting mounted on buildings or poles shall be downcast and without drop lenses, and shall not spill light in excess of two foot candles onto the surface of adjacent parcels or rights-of-way.

(b) Buildings façades may be spot-lit but only if the spot lighting bulbs and lenses are shielded and not visible from the adjacent parcels or rights-of-way.

v. Fueling Area Canopy Fixtures. Lighting on the underside of canopies shall be flush with, or recessed above the underside of the canopy surface. Lenses dropping below the surface of the canopy underside are not permitted.

vi. Canopy Fascia Lighting.

(a) Canopy fasciae may not be externally lit.

(b) A fascia accent band of up to nine inches in width may be internally illuminated.

(c) Additional areas of internal illumination on the canopy fascia are allowed provided those areas are included in the total sign area allowed for the site.

vii. Maximum Area of Internally Lit Building Panels.

(a) On buildings, the total area (as projected on a vertical plane) of internally lit panels and internally lit awnings shall:

(i) Twenty percent or less of the total wall area of any single building elevation, and

(ii) Ten percent or less of the total of all of a building’s wall elevations.

(b) Externally lit building areas shall not be subject to these restrictions.

e. Landscaping Standards.

i. Landscape Buffers.

(a) All landscape buffers adjacent to Residential zone districts or residential uses shall include a six foot high decorative opaque fence or wall meeting the standards in Section 146-4.7.9 (Fence and Wall Regulations).

(b) Shrubs may not be substituted for required trees in landscape buffers.

ii. Corner Treatment. At the intersection of buffer strips fronting on public and private streets, a distinctive landscaped area at least 10 percent larger in size than the area that would otherwise be formed by the intersection of the required buffer strips shall be provided. Landscaping in this intersection area shall consist of plant specimens having a high degree of visual interest during all times of the year. The area may also contain one sign of a size and area as permitted by Section 146-4.10 (Signs).

iii. Redevelopment. When architectural or site modifications are made to a motor vehicle fuel dispensing station existing before the Effective Date, at least 15 percent of the total lot area shall be landscaped to the maximum extent practicable. Sites that are restricted by easements, pump and canopy locations, fire lanes, and circulation requirements may include landscape areas in adjacent public or private rights-of-way in the 15 percent calculation. Regardless of site constraints, the total landscaped area may not be reduced below that existing prior to redevelopment.

PP. Motor Vehicle Indoor Showroom or Broker.

1. Fuel storage and fueling of vehicles is prohibited on site.

2. No more than five motor vehicles shall be stored by a motor vehicle broker on-site.

QQ. Motor Vehicle Towing, Salvage, and Dismantling.

1. In Subareas A and B, this use is not permitted within one-quarter mile of I-70 or E-470 right-of-way or any land zoned for residential land uses. In Subarea C, this use is not permitted within one-half mile of I-70 or E-470 right-of-way or within one-half mile of any land zoned for residential land uses.

2. In the I-2 district:

a. The site shall be properly graded for drainage; surfaced with concrete, asphalt or any other improved surface approved by the Director of Public Works based on durability, appearance, and dust control.

b. The site shall be maintained in good condition, free of weeds, trash, and debris.

c. The site shall provide barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment, or supplies.

d. The site shall provide entrances and exits located to minimize traffic congestion.

e. The site shall provide barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a zone lot line abutting a residential zone lot or separated there from a street.

3. The site shall be appropriately screened from view from adjacent non-industrial properties pursuant to Section 146-4.7 (Landscape, Water Conservation, Storm water Management)

a. Lighting facilities shall be arranged so that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.

4. The view of loading areas shall be minimized where visible, especially from the front line of the lot and from interstate highways, expressways, and parks and open space through the use of building or site design features, including but not limited to screening and landscaping that complies with Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

RR. Motor Vehicle Wash. After the Effective Date:

1. In all zone districts where these uses are permitted or conditional uses, if two of the four corners of a street intersection are occupied by any of the following four uses, none of the five listed uses may be located on the remaining corner lots at that street intersection, or on any lot partially or entirely located within 500 feet of the corner along either of the intersecting streets :

a. Automobile and Light Truck Sales and Rental;

b. Motor Vehicle Body Shop and Painting;

c. Motor Vehicle Fueling Station;

d. Motor Vehicle Repair and Service; or

e. Motor Vehicle Wash.

2. The restrictions in Subsection a above do not apply to properties located:

a. Within the -HSO zone district; or

b. Within the I-1 or I-2 zone districts and within an approved Master Plan containing an exception to the restrictions in subsection.

SS. Other Motor Vehicle, Trailer, Boat, or Manufactured Home Sales or Rental.

1. This use is not permitted within one-quarter mile of I-70 right-of-way.

2. In other locations, this use shall meet the outdoor screening requirements as found in Section 146-4.7.8.B.2.c (Outdoor Storage).

TT. Parking Garage. Above ground portions of parking garages shall comply with the following standards:

1. Points of ingress and egress to the garage shall be clearly marked and shall be no closer than 25 feet to an intersection or other curb cut.

2. [RESERVED]

3. In the MU-OA-G or MU-OA-MS subdistricts, commercial parking garages require conditional use approval, but facilities owned or operated by a governmental or public entity are permitted without conditional use approval.

4. In the MU-TOD zone district each parking structure designed for parking more than 200 motor vehicles shall include at least one electronic vehicle charging station for each 100 motor vehicle parking spaces or part thereof. In all other areas, each parking structure designed for parking more than 200 motor vehicles shall include at least one electronic vehicle charging station for each 200 motor vehicle parking spaces or part thereof.

5. Any parking structure shall be permitted to maintain retail, office, or personal service uses on the ground level of such structure.

6. The design shall comply with Section 146-4.6.5.E (Parking Garage Design).

UU. Parking Lot (Commercial). In all zone districts other than the AD, I-1 and I-2 zone districts, in Table 3.2-1 (Permitted Use Table):

1. This use is not permitted within one-half mile of I-70 right-of-way or within one-half mile of any land zoned for residential land uses. In AD districts, this use shall be a conditional use.

2. Parking lots or structures shall not be used for the sale, storage, repair, or dismantling of any vehicles, equipment, materials, or supplies.

3. Parking lots or structures shall be properly graded for drainage; surfaced with compacted recycled concrete, concrete, asphaltic concrete, asphalt, oil, or any other dust-free surface; and shall be maintained in good condition, free of weeds, dust, trash, or debris.

4. Parking lots or structures shall provide entrances and exits located to minimize traffic congestion.

5. Parking lots or structures shall minimize the effect of headlights on abutting streets and properties.

6. If lighting facilities are provided, they shall be arranged to avoid unreasonable disturbance of occupants in adjacent residential areas or traffic on abutting streets. No lights shall exceed 25 feet in height and shall be incorporated with structures rather than poles to the maximum extent practicable.

7. For parking facilities that abut Residential zone districts, a fence shall be constructed and maintained in accordance with Section 146-4.7.9 (Fence and Wall Regulations). The fence shall be designed to obscure from abutting residential districts the direct light of headlights.

8. Where parking lots are permitted as an accessory use, an attendant’s shelter is permitted, provided it does not contain more than 50 square feet of gross floor area and:

a. If the parking lot Is located on a lot abutting a Residential zone district, it is located at least 20 feet from each property line of that abutting zone district.

b. If the parking lot is located on a lot abutting a Mixed-use or Special Purpose zone district, the setback that applies to a primary structure in the abutting zone district shall apply;

9. For all uses located in the I-1 or I-2 zone districts and listed as industrial uses in Table 3.2-1 (Permitted Use Table :

a. The site shall be properly graded for drainage; surfaced with concrete, asphalt or any other improved surface approved by the Director of Public Works, based on durability, appearance, and dust control.

b. The site shall be maintained in good condition, free of weeds, trash, and debris.

c. The site shall provide barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment, or supplies.

d. The site shall provide entrances and exits located to minimize traffic congestion.

e. The site shall provide barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a zone lot line abutting a residential zone lot or separated there from a street.

10. All parking and loading areas shall be screened from view from adjacent properties using an intensive screen as described in Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

11. Each parking lot designed for parking more than 200 cars shall include at least one electronic vehicle charging station for each 200 auto parking spaces or part thereof.

12. In the MU-OA-MS district, only facilities owned or operated by a governmental or public entity are permitted.

13. In the MU-OA-G subdistrict, commercial parking facilities required conditional use approval, but facilities owned or operated by a governmental or public entity are permitted without conditional use approval.

VV. Vehicle Fleet Operations Center. A Vehicle Fleet Operations Center is a permitted use only when a 300 foot or greater distance between the building and the nearest Residential zone exists, where this separation does not exist the land use shall be a conditional use.

WW. Recycling Collection Facility. Recycling Collection Facilities shall comply with the following standards:

1. Enclosure. The facility shall be screened from the public right-of-way by confining operations within an enclosed building or within an area enclosed by an opaque fence at least six feet in height. The operation shall be located at least 150 feet from property zoned for residential use and at least 100 feet from a POS zone district. If the facility is located within 500 feet of property zoned for or used for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.

2. Exterior Storage. All storage of material shall be in sturdy containers or enclosures that are covered, secured, and maintained in good condition, or shall be baled or palletized. Storage containers for flammable materials shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. Collected materials will be removed from the site at least every 30 days.

3. Durability. Containers shall be of sturdy, waterproof, and rustproof construction. They shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

4. Condition of Premise. The facility shall display a notice stating that no material shall be left outside the recycling facility containers.

5. Identification. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

6. Power Equipment. Power-driven processing, including aluminum foil, can compacting, baling, plastic shredding, or other light processing activities that are necessary for efficient temporary storage and shipment of material, may be approved through a conditional use approval process; provided, that adequate noise mitigation and related use conditions are satisfied.

7. Accessory Recycling Facility. Accessory recycling collection facilities shall be included in an approved Site Plan for a separate, existing primary use that is in compliance with the building and fire codes and shall meet the following standards.

a. Circulation. Small recycling collection facilities shall not extend onto any sidewalk, pedestrian trail, driveway, or street.

b. Off-Street Parking. Small recycling collection facilities shall not extend into any off-street parking space required for the primary use.

c. Durability. Small recycling collection facilities shall use containers that are constructed and maintained with durable waterproof and rustproof material. Containers shall be secured from unauthorized entry or removal of material and shall be of capacity sufficient to accommodate all materials collected throughout the collection schedule. All containers shall be covered when the site is not attended.

d. Signs. Wall signs are allowed to a maximum area of 20 square feet. The sign may only advertise products or services available on the site.

e. Operating Instructions. Containers shall be clearly marked to identify the type of materials that are permitted to be deposited, the name and telephone number of the facility operator, and hours of operation. Containers shall also display a notice that no material shall be left outside the recycling enclosure or container. If the facility operator is different than the party responsible for the maintenance of the unit, the name and number of the responsible party shall also be clearly identified on the container.

f. Maintenance. One or more trash receptacles shall be provided near the recycling facility.

g. Color. No intense, bright, reflective, or fluorescent colors shall be used for the primary color scheme. These colors may be used as accent colors but shall not constitute more than 10 percent of the surface area of the facility.

h. Height. Each individual recycling collection unit shall be no more than 10 feet in height.

i. Setbacks. Recycling containers or units shall be set back a minimum of 50 feet from a property line or public street right-of-way, and shall not be located closer to an arterial street right-of-way than the primary structure or building on the site.

j. Hours of Operation. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate (including hauling) between the hours of 7:00 a.m. and 7:00 p.m.

k. Power Equipment. Except for reverse vending machines, no power-driven processing equipment shall be used.

XX. Solid Waste Transfer Facility.

1. This use is not permitted within one-half mile of the I-70 right-of-way or within one-half mile of any land zoned for residential land uses.

2. The Site Plan shall indicate the estimated number of trips per day in and out of the site, volume of material at maximum operation, hours and days of operation, method for handling household hazardous or toxic materials, and types of equipment used in the operation.

3. The Site Plan shall indicate provisions for controlling any objectionable effect or nuisance condition such as heat, glare, radiation, fumes, odors, dust, noise, vibration, smoke, groundwater quality protection, insects, vermin, windblown debris, etc.

4. Exterior storage areas including idling or waiting trucks shall be screened from the view of public streets or adjoining properties.

5. No overnight storage or any waste materials subject to rotting or odor creation shall be allowed.

6. The site shall be properly graded for drainage; surfaced with concrete, asphalt or any other improved surface approved by the Planning Director based on durability, appearance, and dust control.

7. The site shall be maintained in good condition, free of weeds, trash, and debris.

8. The site shall provide barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment, or supplies.

9. The site shall provide entrances and exits located to minimize traffic congestion.

10. The site shall provide barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a zone lot line abutting a residential zone lot or separated there from a street.

11. The site shall be screened from view from adjacent non-industrial properties pursuant to Section 146-4.7 (Landscape, Water Conservation, Storm water Management).

12. The view of loading areas shall be minimized where visible, especially from the front line of the lot and from interstate highways, expressways, parks, and open spaces.

YY. Hemp Processing, Manufacturing and Storage Facilities. The following standards shall apply to hemp manufacturers:

1. Prohibited Uses. The outdoor processing, outdoor manufacturing or outdoor storage of hemp and hemp products is not permitted in the City.

2. Location Restrictions. Where this Section 146-3.3.5.YY imposes distance restrictions, and an existing lot or parcel does not conform to the distance requirements, no lot or parcel shall be subdivided for the purpose of creating a new lot or parcel that complies with the distance requirements, unless all lots and parcels resulting from the subdivision will be lots or parcels capable of accommodating development that complies with all applicable requirements of this UDO for the zone district in which the property is located.

3. Hemp Processing, Manufacturing and Storage Facilities.

a. No hemp processing, manufacturing, fabrication, packaging, or storage facility shall be permitted within 300 feet of an existing conforming residential use of any Residential or POS zone district, or any park or city owned recreation center. This distance shall be measured from the nearest property boundary of such use or distance to the nearest property boundary of such facility.

b. Additional restrictions on location of this use may be applied through permitting and licensing of the use.

4. Best Management Practices. Best management practices are mitigation measures applied to hemp facilities to promote processing, manufacturing, fabrication, packaging and storage of hemp in an environmentally sensitive manner. Licensed hemp facilities are required to employ best management practices to ensure mitigation of land use impacts from such facilities on the surrounding area, including, but not limited to, the installation of air scrubbing and filtration systems. (Ord. No. 2022-35 § 1, 07-11-2022; Ord. No. 2021-15 §§ 21 – 23, 06-14-2021; Ord. No. 2020-37 § 9, 10-05-2020; Ord. No. 2020-15 § 20, 05-21-2020; Ord. No. 2019-49 § 1, 08-19-2019)