7.3.101: GUIDANCE:

The permitted and conditional land uses in each base zone district are indicated in Table 7.3.2-A. Additional uses of property or restrictions on the use of property may be contained in the description of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)). If the property is in a Planned Development Zone District (PDZ), the allowable uses are contained in the Land Use Plan approved with the PDZ. (Ord. 23-03)

7.3.102: TYPES OF USES ALLOWED IN BASE DISTRICTS AND NNA-O DISTRICT:

The letter in each cell in Table 7.3.2-A: Base and NNA-O District Use Table identifies whether and how a particular land use is permitted in a particular zone district. However, the availability of a particular land use shown in Table 7.3.2-A: Base and NNA-O District Use Table may be modified by any overlay district that applies to the property, as shown in Table 7.3.2-B: Additional Overlay District Use Table and Part 7.2.6 (Overlay Districts). For the base zone districts and the North Nevada Avenue Overlay (NNA-O), the following values apply:

   A.   "P" indicates that the use is permitted by-right in that zone district, subject to compliance with the Use-Specific Standards cross-referenced in the right-hand column of that line of Table 7.3.2-A. Where a use is listed as a permitted use in a zone district, that use is also available as an accessory use in the same zone district.

   B.   "C" indicates that the use is permitted only after the applicant obtains conditional use approval pursuant to Section 7.5.601 (Conditional Use Permit), and subject to the Use-Specific Standards cross-referenced in the right-hand column of that line of Table 7.3.2-A: Base and NNA-O District Use Table.

   C.   "A" indicates that the use is permitted as an accessory use only in support of a permitted or approved conditional use on the site, subject to the Use-Specific Standards cross-referenced in the right-hand column of that line of Table 7.3.2-A: Base and NNA-O District Use Table.

   D.   "T" indicates that the use is permitted as a temporary use, subject to the Use-Specific Standards cross-referenced in the right-hand column of that line of Table 7.3.2-A: Base and NNA-O District Use Table.

   E.   "R" indicates that the use is Permitted, Conditional, or Prohibited as listed in the FBZ regulating plan applicable to the property.

   F.   A blank cell indicates that the use is not permitted in that zone district. (Ord. 23-03)

7.3.103: USES IN PDZ DISTRICTS:

Permitted, conditional, and accessory uses in any PDZ district approved on or before the Effective Date are those listed in the applicable approved plan for that PDZ. Permitted, conditional, and accessory uses in any PDZ district approved after the Effective Date are those listed in the approved Land Use Plan for that PDZ. (Ord. 23-03)

7.3.104: MULTIPLE USES:

A development may include multiple principal uses, including a combination of residential and nonresidential uses, provided that:

   A.   Each use is either a permitted use or a conditional use in that zone district;

   B.   A conditional use approval is obtained for any conditional use;

   C.   All use-specific standards applicable to each use are met; and

   D.   The development complies with all applicable density, dimensional, impervious surface, development, and performance standards. (Ord. 23-03)

7.3.105: UNLISTED USES:

When a proposed primary or accessory land use is not specifically identified as allowed in a zone district in Table 7.3.2-A: Base and NNA-O District Use Table, the use is not permitted unless the Manager determines that it is included in the definition of a listed use or is so similar to a listed use that it shall be treated as the same use. In making this determination, the Manager shall consider the scale, character, traffic impacts, stormwater impacts, utility demands, and potential impacts of the proposed use such as noise, vibration, glare, and dust on surrounding properties compared to similar uses allowed in Table 7.3.2-A: Base and NNA-O District Use Table. Uses may be allowed as principal permitted, conditional, or accessory uses. The Manager's interpretation shall be made available in writing in accordance with the provisions in Section 7.5.529 (Interpretation of UDC). (Ord. 23-03)

7.3.106: PREVIOUSLY PERMITTED USES:

   A.   Each use that exists on the Effective Date that is required by this UDC to obtain conditional use approval, but that was a permitted use before the Effective Date is deemed to have a conditional use approval to:

      1.   Continue operation in structures and on land areas where the operation was conducted on the Effective Date; and

      2.   To expand operations without the need to obtain a conditional use approval, provided that the expansion complies with all Use-Specific Standards and other requirements of this UDC.

   B.   All single-family detached dwellings legally constructed prior to the Effective Date are conforming land uses regardless of whether they are listed as prohibited, conditional, or permitted uses in that zone district in Table 7.3.2-A: Base and NNA-O District Use Table. (Ord. 23-03)

7.3.107: REQUIRED GOVERNMENTAL APPROVALS, LICENSES, PERMITS, AND OPERATIONAL RULES:

All uses required by any unit of local government, the State of Colorado, or the federal government to have an approval, license, or permit to operate are required to have that State approval, license, or permit in effect at all times. (Ord. 23-03)