Chapter 17.16
GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL DISTRICTS
Sections:
17.16.010 Application of general development standards.
17.16.040 General lot and setback requirements.
17.16.050 Development density.
17.16.060 Building height requirements.
17.16.065 Cherry Creek Corridor standards.
17.16.070 Open space requirements.
17.16.090 Trash receptacles, utilities and outdoor storage.
17.16.100 Screening standards for trash, utilities and outdoor storage areas.
17.16.110 Recreational vehicles, manufactured homes (mobile homes) and factory built homes.
17.16.010 Application of general development standards.
In addition to the requirements contained elsewhere in this zoning code, all uses of land and structures within the city shall be governed by the general development standards contained in this chapter. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.020 Purpose.
The purpose of this chapter is to provide standards for the organization and layout of buildings, parking areas, and landscaped areas. Requirements include: general lot and dimensional requirements; open space and landscaping, utilities; recreation vehicles, mobile homes and manufactured homes; nuisances, disturbances and environmental hazards; off-street parking; loading; signage; and building design so as to promote the general health, safety and welfare of residents of the community. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.030 Intent.
The intent of this chapter is to encourage the creation of safe, adequate and attractive facilities and to minimize views of unattractive uses or activities through use of sound design principles and establishment of minimum requirements. The standards set forth herein have been conceived to both enhance the compatibility of dissimilar uses and increase property values. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.040 General lot and setback requirements.
A. Transition Between Uses. When a nonresidential use which is over fifteen (15) feet in height shares a common lot line with a residential use, the required side yard setback for the nonresidential use shall be at least twenty-five (25) feet and shall be maintained with landscaped plant material to include trees, shrubs, and grasses. The side yard setback shall be designed to reinforce the pedestrian experience through the use of street trees, ground level planting, lighting, active ground level uses and street level architectural treatment that promotes variety and interest. In no case shall such a side yard setback be treated with only nonvegetative materials.
B. Nonresidential Setbacks.
1. Front Setback. All structures shall be set in a maximum distance of twenty (20) feet from every street right-of-way line.
2. Property Line Setback. All structures shall be set in a minimum distance of ten (10) feet from every property line which does not front on a public street right-of-way.
3. Conditions Whereby Setbacks May Be Increased. The required setbacks set out in subsections (B)(1) and (2) of this section may be increased upon recommendation of the Planning Commission or Zoning Administrator based on any of the following conditions:
a. The building creates an adverse effect on traffic and pedestrian circulation, where such circulation is necessary to ensure the safety of people and property in relationship to existing structures;
b. The building creates an adverse effect on solar access of surrounding properties;
c. The building creates adverse shadow problems on public rights-of-way.
C. Residential Setbacks.
1. Front Setback. Residential structures shall be a minimum distance of twenty (20) feet from every street right-of-way line. The front setback may be reduced to ten (10) feet provided the following conditions are met:
a. The building height of front facade which faces the street right-of-way is less than twenty (20) feet tall;
b. Parking areas are located to the rear of the primary structure;
c. The reduced setbacks are in conformance with the adopted building code.
2. Property Line Setback.
a. All residential structures located on intersecting streets shall be set in a minimum distance of fifteen (15) feet from every property line which fronts on a public street right-of-way.
b. Residential structures shall have no required setback from the side property lines provided they comply with the building code requirements.
3. Conditions Whereby Setbacks May Be Increased. The required setbacks set out in subsections (C)(1) and (2) of this section may be increased upon recommendation of the Planning Commission or Zoning Administrator based on any of the following conditions:
a. The building creates an adverse effect on traffic and pedestrian circulation, where such circulation is necessary to ensure the safety of people and property in relationship to existing structures;
b. The building creates an adverse effect on solar access of surrounding properties;
c. The building creates adverse shadow problems on public right-of-way. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.050 Development density.
A. Residential Density.
1. Single-family residence: Minimum lot area four thousand (4,000) square feet.
2. Duplexes or townhomes: minimum lot area six thousand (6,000) square feet.
3. Multiple-family residences: Minimum lot area for structure—ten thousand (10,000) square feet. Maximum density shall be unlimited; provided, that the development proposal meets all the provisions of this title and other codes and ordinances of the city, and is substantiated by evidence received at a public hearing before the city council.
B. Density of Other Uses. The overall average net density of the total area devoted to any permitted use shall not exceed a floor-to-land area ratio of three and one-half to one (3.5:1). (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.060 Building height requirements.
A. Building/Structure Height. The maximum building wall or structure height shall be forty-five (45) feet with the maximum height of a building at ridgeline is fifty-five (55) feet. The height of any building shall be measured as the vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building.
B. The maximum height of buildings may further be designated by the City Council, in its sole discretion, in relation to the following characteristics of the proposed building or development:
1. Its effect on solar heating and air conditioning of adjacent structures;
2. The fire protection built into the structure as it relates to its heights;
3. Compliance with energy needs and standards;
4. Its effect on adjacent sites caused by shade, shadows, loss of air circulation and view;
5. Wind effects as related to adjacent structures;
6. Adverse shadow problems regarding winter ice problems on public streets and thoroughfares;
7. The character, massing and height of the adjacent built environment;
8. Sight lines from and to adjacent properties;
9. Its effect on the pedestrian nature of the street;
10. Uses within the proposed building or development;
11. Prevention of harm to existing characteristics of the visual environment. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1998-10 § 1; Ord. 1997-13 § 1 (part))
17.16.065 Cherry Creek Corridor standards.
A. It is the purpose of this section to provide certain standards for the protection of the natural features of and compatibility with the civic and public amenities of the Cherry Creek Corridor.
B. This section shall apply to all developments located on lots that are in the following locations:
1. Lots fronting the south side of Cherry Creek Drive South from Colorado Boulevard to Kentucky Avenue.
2. Lots abutting or adjacent to the north side of the Cherry Creek floodplain from Colorado Boulevard to Cherry Street.
C. The following standards shall apply to all structures and site development plans in the Cherry Creek Corridor:
1. The maximum setback required by Section 17.16.040(B)(1) shall not apply in the Cherry Creek Corridor.
2. Setback areas along the Cherry Creek Corridor shall only include landscaping and pedestrian amenities. These areas shall not include: parking, frontage roads, structures other than signs, and hardscape.
3. Entrances of structures shall be oriented toward the Cherry Creek Corridor. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part))
17.16.070 Open space requirements.
A. Minimum Usable Open Space. A minimum of twenty-five percent (25%) of the total development area shall be provided as usable open space.
B. Multifamily Residential Uses. Multifamily residential uses shall provide the greater of the two (2) options:
1. A minimum of twenty-five percent (25%) of the total development area as usable open space; or
2. A minimum of two hundred (200) square feet of usable open space for each residential dwelling unit for the first five hundred (500) units. Where over five hundred (500) units are involved the City Council, in its sole discretion, may either increase or decrease the two hundred (200) square feet requirement based upon information received at a public hearing which substantiates an increase or decrease per dwelling unit.
3. In their sole discretion, the City Council may allow a reduction of the minimum usable open space to twenty percent (20%) of the total development area upon a finding by the Planning Commission that the landscaping of the usable open space substantially exceeds minimum standards of this title in the following areas:
a. Size of materials;
b. Density of materials;
c. Visibility of materials from public streets, sidewalks, and spaces.
C. Maintenance. The property owner shall be responsible for the continuing upkeep and maintenance of the required open space whether usable or not as provided in Section 17.16.080(G).
D. Maintenance of Common Open Space. The common open space of a development may be owned and maintained by the property owner of the development or by an organization chosen thereby. The organization established to own and maintain the common open space or any successor organization shall have the right to assess fees to cover the maintenance costs of the common open space. The applicant shall set forth the manner in which the owner shall maintain such common open space. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.080 Landscaping.
No certificate of occupancy shall be issued where landscaping requirements are not complied with.
A. Required Landscaping. All lots within the city which are not covered by impervious materials shall be landscaped to prevent land erosion, improper drainage, damage to properties and unsightliness. All undeveloped building areas within partially developed uses shall be landscaped with a groundcover, which shall be sod or equivalent natural grasses in the same density of sod, to control dust and erosion. The usable open space required in other sections of this code shall be provided with landscaping as required by this section. The required usable open space must be covered by a minimum of ninety percent (90%) living material to be considered as part of the calculation for usable open space. The coverage of landscaping shall be measured from the anticipated reasonable growth of one (1) year following installation of the materials. Areas of nonliving materials that groundcover, perennial shrubs and evergreen trees cover may be used for this calculation.
B. Required Landscaping and Sidewalk Treatment Along all Glendale Streets. The following landscaping and sidewalk treatments are required:
1. Colorado Boulevard, Clermont Circle, South Birch Street south of the Cherry Creek, and South Cherry Street shall provide an attached sidewalk, with street trees at grade, of at least eight (8) feet in width and a ten (10) foot landscaped setback. See example in Figure 17.16.080-1.
2. Along East Kentucky Avenue, East Tennessee Avenue, and East Virginia Avenue all developments shall include an eighteen (18) foot pedestrian path comprised of a tree lawn and at minimum a six (6) foot sidewalk. The sidewalk may be either attached or detached in conformance with the predominant sidewalk treatment along the street block. See examples in Figure 17.16.080-2.
Figure 17.16.080-1
Figure 17.16.080-2
3. Along all other streets and public rights-of-way, the development shall include sixteen (16) feet of landscaping of which a sidewalk of at least six (6) feet in width shall be included.
C. Allowable Landscape Materials. Selection of plant materials shall be based upon Glendale’s climate and soils. All materials, plans, and installation shall comply with the American Standard for Nursery Stock approved on May 12, 2004, and as may be amended from time to time. Minimum sizes and other requirements for plant material shall be as follows:
1. Large deciduous trees: three and one-half (3 1/2) inch caliper;
2. Ornamental deciduous trees: three (3) inch caliper or ten (10) feet in height;
3. Evergreen trees: ten (10) feet in height;
4. Shrubs: five (5) gallon container;
5. Groundcover/perennial sizes shall be selected according to growth rate, spacing and the area to be covered;
6. Thorned plant material shall not be located adjacent to public walks;
7. Clear space above public walks shall be eight (8) feet or greater;
8. Artificial plants shall not be used to comply with the requirements of this section;
9. At least one (1) tree, five (5) shrubs, and twenty (20) square feet of perennials shall be planted for every five hundred (500) square feet of open space;
10. Automatic irrigation shall be provided for all living plant materials.
D. Obstructions. No landscaping or other obstructions to view in excess of three and one-half (3 1/2) feet in height shall be placed on any corner lot within a triangular area formed by the curb lines and a line connecting them at points ten (10) feet from the intersection of the curb lines. Trees may be located within the triangle provided they are pruned high enough to permit unobstructed vision.
E. Lighting. All outdoor lighting shall be directed down and screened away from adjacent properties and streets.
F. Installation. All landscaping shall be installed according to sound nursery practices and in a manner designed to encourage vigorous growth. All landscape materials, living and nonliving, shall be healthy and in place prior to issuance of the final certificate of occupancy. A temporary certificate of occupancy may be issued prior to installation of required landscaping if written assurances and financial guarantees are submitted ensuring that the planting will take place when planting season arrives. The amount of the financial guarantee shall be equal to two (2) times the estimated cost of the plant material based on written cost estimates provided by the applicant.
G. Maintenance. All landscaping either in the landscape plan installed to comply with an approved final site development plan or in existence at the effective date of the ordinance amending this title shall be reasonably maintained and any plant material shall be replaced with materials of a maturity and density equivalent to the lesser of: five (5) years of growth, or actual time of growth since certificate of occupancy of an approved site development plan; within sixty (60) days of its demise or by an agreed upon date if seasonal conditions prohibit replacement within the sixty (60) day time requirement. Failure to maintain landscaping required with approval of a permit shall be a violation of this code and applicable penalties may be imposed. The maintenance of landscaping in the public right-of-way in all zoning districts shall be the responsibility of the adjacent property owner, whether an individual, corporation or homeowner’s association. Landscape reasonably maintained includes, but is not limited to, the following:
1. Nonliving groundcovers, such as rock or organic mulch, must have one hundred percent (100%) ground surface coverage and be maintained at the required depth.
2. All pruning shall be in accordance with the American National Standard for tree care operations (ANSI A300).
3. Plants infected with insects or disease must be treated appropriately or removed from the property.
4. Weeds must be abated and removed.
5. Grass must be mowed.
6. Trees proximately located to future construction-related activities shall require a protection plan to ensure to the maximum extent feasible their protection. The plan shall be subject to approval of the Public Works Director or his designee. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.090 Trash receptacles, utilities and outdoor storage.
A. Trash Receptacles. Every development shall be provided with one (1) or more trash receptacles for waste collection and disposal. Sites for such dumpsters shall comply with the following:
1. They shall be located so as to facilitate collection and minimize negative impact on persons occupying the development site, neighboring properties or public right-of-way.
2. They shall be screened so they cannot be seen under the following conditions:
a. Persons located within a dwelling unit on residential property other than that where the trash receptacle is located;
b. Occupants, customers or other invitees located within any building on nonresidential property other than that where the trash receptacle is located;
c. Persons traveling on any public street, sidewalk or other public way.
3. Required trash receptacle screening shall be maintained at all times.
4. Access for collection vehicles shall be as follows:
a. The access drive shall not be sloped any steeper than one percent (1%);
b. A six (6) foot thick concrete slab shall be placed within the enclosure space and extend at least twenty (20) feet in front of such area for the full width of the trash receptacle enclosure.
B. Utilities.
1. There must be adequate provisions provided to protect all utilities from damage by vehicular traffic. This section will apply to construction which has a valuation of one hundred thousand dollars ($100,000) or greater.
2. All new and existing overhead transmission and distribution lines on and adjacent to a development site shall be placed underground, unless the City Council authorizes in writing overhead installation. Such authorization shall be granted if the City
Council finds at a hearing that overhead installation is necessary, no reasonable alternative to overhead lines exists and that overhead installation or continuance will meet the purposes of this zoning code.
3. Nothing in this title shall be construed to prohibit construction or installation of a public utility use or structure necessary for transmission of commodities or services of a utility company, through mains or distribution lines, in any zone district. Storage, maintenance facilities, substations or exchanges and business offices shall be subject to special review anywhere within the city (see Chapter 17.35).
C. Screening of Exterior Mechanical Equipment.
1. Exterior components of plumbing, processing, heating, cooling and ventilating systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling and ventilating equipment, fans, blowers, ductwork vents, louvers, meters, compressors, motors, incinerators, ovens, etc.) shall not be directly visible from a height of five (5) feet above any ground or ground floor elevations at a distance closer than five hundred (500) feet from the closest building wall on any lot.
2. It is recommended in the case of roof mounted mechanical equipment that building parapets be of such a height that roof mounted screening devices are not required. If building parapets do not provide the required screening, mechanical equipment shall be screened by an unobtrusive screening device that will appear as an integrated part of the overall architectural design.
3. Any devices employed to screen exterior components of plumbing, processing, heating, cooling and ventilating systems from direct view shall appear as integrated parts of the architectural design and as such shall be constructed of complementary and durable materials and finished in a texture and color scheme complementary with the overall architectural design.
D. Outdoor Storage.
1. Outdoor storage areas, where allowed, shall be screened from public view by construction of a fence or wall, by a landscaped buffer or berm, or within an enclosed building which is incidental to the primary structure.
2. Outdoor storage areas which are not within an enclosed building shall not exceed twelve (12) feet in height nor cover more than fifteen percent (15%) of any site.
3. All outdoor storage areas shall comply with the screening standards in Section 17.16.100. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.100 Screening standards for trash, utilities and outdoor storage areas.
The intent of all required screening is to completely hide stored materials so as not to be visible from adjacent lots or sites, neighboring properties or streets.
A. Height. All trash receptacles or outdoor storage areas shall be enclosed by a solid wood fence or masonry wall, styled to match the material of adjacent walls or the main building on the site and of sufficient height to completely hide stored material so as not to be visible from adjacent lots or sites, neighboring properties or streets. No materials stored within an outdoor storage area or behind a screening fence, wall or structure shall be stacked or stored in a manner in which they exceed the height of the walls, fence or structure.
B. Materials. Screening walls, fences or structures shall be constructed from durable materials suited to the metro area’s climate and which will require low maintenance. Materials which are unified and harmonious with the primary building and overall architectural theme on the site or with the streetscape or landscaping of the site shall be used.
C. Colors. Screening devices shall blend into the landscaping and not be so colored as to call attention to them. Muted earth tones shall be used as opposed to bright colors.
D. Maintenance. All walls, fences, or structures shall be maintained in good condition. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.16.110 Recreational vehicles, manufactured homes (mobile homes) and factory built homes.
A. Recreational Vehicles and Manufactured Homes (Mobile Homes). No recreational vehicle, camper, motor home, trailer or similar vehicle shall be used for a dwelling unit, accessory building, home occupation or other use except when located in an approved park for such uses and no business shall be conducted within such equipment while parked or stored unless the Zoning Administrator has given approval as a temporary use.
B. Factory Built Homes.
1. All modular structures and factory built homes shall meet the following criteria to be eligible for a certificate of occupancy:
a. Must comply with all requirements of this title.
b. Must be partly or entirely commercially manufactured in a factory.
c. Must be not less than twenty-four (24) feet wide nor less than thirty-six (36) feet long.
d. Must be installed on a permanent foundation that has been certified by a professional engineer licensed by the state of Colorado.
e. Have wood, brick or equivalent siding and a pitched or gabled roof.
f. Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C 5401, etc., as amended.
2. Meets or exceeds, on an equivalent performance engineering basis, the standards established by the Uniform Building Code and the Uniform Code for Abatement of Dangerous Buildings as adopted in the city Municipal Code.
a. In determining the engineering basis, normal engineering calculations for testing following commonly accepted engineering practices, all components and subsystems of a manufactured home must meet or exceed health, safety and functional requirements to the same extent as other single-family dwellings as outlined in the UBC.
b. As an equivalent performance engineering standard for manufactured homes, snow loads shall meet the requirements as outlined in Chapter 16 of the Uniform Building Code, as adopted by the city. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))