Article 7. URBAN CENTER (C-) NEIGHBORHOOD CONTEXT

Article 7. URBAN CENTER (C-) NEIGHBORHOOD CONTEXT

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Contents ARTICLE 7. URBAN CENTER (C-) NEIGHBORHOOD CONTEXT DIVISION 7.1 NEIGHBORHOOD CONTEXT DESCRIPTION......................... 7.1-1 Section 7.1.1 General Character..................................................... 7.1-1 Section 7.1.2 Street, Block and Access Patterns......................................... 7.1-1 Section 7.1.3 Building Placement and Location......................................... 7.1-1 Section 7.1.4 Building Height........................................................ 7.1-1 Section 7.1.5 Mobility.............................................................. 7.1-1 DIVISION 7.2 DISTRICTS (C-MX, C-RX, C-MS, C-CCN)............................. 7.2-1 Section 7.2.1 Districts Established.................................................... 7.2-1 Section 7.2.2 Mixed Use Districts (C-MX-3, -5, -8, -12, -16, -20)............................ 7.2-1 Section 7.2.3 Residential Mixed Use Districts (C-RX-5, -8, -12)............................. 7.2-2 Section 7.2.4 Main Street Districts (C-MS-5, -8-12)...................................... 7.2-3 Section 7.2.5 Cherry Creek North District (C-CCN)....................................... 7.2-4 DIVISION 7.3 DESIGN STANDARDS............................................ 7.3-1 Section 7.3.1 General Intent......................................................... 7.3-1 Section 7.3.2 Building Form Intent.................................................... 7.3-1 Section 7.3.3 Primary Building Form Standards......................................... 7.3-3 Section 7.3.4 Detached Accessory Building Form Standards.............................. 7.3-20 Section 7.3.5 Supplemental Design Standards......................................... 7.3-24 Section 7.3.6 Design Standard Alternatives............................................ 7.3-24 Section 7.3.7 Design Standard Exceptions............................................. 7.3-28 Section 7.3.8 Reference to Other Design Standards..................................... 7.3-39 DIVISION 7.4 USES AND REQUIRED MINIMUM PARKING........................ 7.4-1 Section 7.4.1 Applicability........................................................... 7.4-1 Section 7.4.2 Organization.......................................................... 7.4-1 Section 7.4.3 Explanation of Table Abbreviations........................................ 7.4-1 Section 7.4.4 District Specific Standards............................................... 7.4-3 Section 7.4.5 Applicable Use Limitations.............................................. 7.4-13 Amendment: 5 TOC-i

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Division 7.1 Neighborhood Context Description Division 7.1 NEIGHBORHOOD CONTEXT DESCRIPTION Section 7.1.1 GENERAL CHARACTER The Urban Center Neighborhood Context consists of multi-unit residential and mixed-use commercial strips and commercial centers. Multi-unit buildings are typically Rowhouse, Courtyard Apartment and Apartment forms. Commercial buildings are typically Live-Work, Shopfront, and General Commercial forms. Multi-unit residential uses are primarily located along residential collector, mixed-use arterial, and local streets. Commercial uses are primarily located along main and mixed-use arterial streets. Section 7.1.2 STREET, BLOCK AND ACCESS PATTERNS The Urban Center Neighborhood Context consists of a regular pattern of block shapes surrounded by an orthogonal street grid. Orthogonal streets provide a regular pattern of pedestrian and vehicular connections through this context and there is a consistent presence of alleys. Block sizes and shapes are consistent and include detached sidewalks, tree lawns, street and surface parking, and landscaping in the front setback Section 7.1.3 BUILDING PLACEMENT AND LOCATION All building typically have consistent orientation and shallow front setbacks with parking at the rear and/or side of the building. Section 7.1.4 BUILDING HEIGHT The Urban Center Neighborhood Context is characterized by moderate to high building heights to promote a dense urban character. Lower scale structures are typically found in areas transitioning to a less dense urban neighborhood. Section 7.1.5 MOBILITY There are high levels of pedestrian and bicycle use with the greatest access to multi-modal transportation system. 7.1-1

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Division 7.2 Districts Division 7.2 DISTRICTS (C-MX, C-RX, C-MS, C-CCN) Section 7.2.1 DISTRICTS ESTABLISHED To carry out the provisions of this Article, the following Zone Districts have been established in the Urban Center Neighborhood Context and are applied to property as set forth on the Official Map. Urban Center Neighborhood Context C-MX-3 Mixed Use 3 C-MX-5 Mixed Use 5 C-MX-8 Mixed Use 8 C-MX-12 Mixed Use 12 C-MX-16 Mixed Use 16 C-MX-20 Mixed Use 20 C-RX-5 Residential Mixed Use 5 C-RX-8 Residential Mixed Use 8 C-RX-12 Residential Mixed Use 12 C-MS-5 Main Street 5 C-MS-8 Main Street 8 C-MS-12 Main Street 12 C-CCN Cherry Creek North Section 7.2.2 MIXED USE DISTRICTS (C-MX-3, -5, -8, -12, -16, -20) 7.2.2.1 General Purpose A. The Mixed Use Zone Districts are intended to promote safe, active, and pedestrian-scaled, diverse areas through the use of town house, row house, courtyard apartment, apartment, and shopfront building forms that clearly define and activate the public street edge. B. The Mixed Use Zone Districts are intended to enhance the convenience, ease and enjoyment of transit, walking, shopping and public gathering within and around the city s neighborhoods. C. The Mixed Use Zone District standards are also intended to ensure new development contributes positively to established residential neighborhoods and character, and improves the transition between commercial development and adjacent residential neighborhoods. D. Compared to the Main Street districts, the Mixed Use districts are focused on creating mixed, diverse neighborhoods. Where Main Street districts are applied to key corridors and retail streets within a neighborhood, the Mixed Use districts are intended for broader application at the neighborhood scale. E. In the Urban Center Neighborhood Context, the Mixed Use Zone Districts require the same level of pedestrian enhancements as the Main Street Zone Districts. In the Urban Center Neighborhood Context, the primary difference between the Mixed Use Zone Districts and the Main Street Zone Districts is Main Street districts mandate shopfront buildings at the street edge. F. Mixed use buildings have a shallow front setback range. The build-to requirements are high. 7.2-1

Division 7.2 Districts 7.2.2.2 Specific Intent A. Mixed Use 3 (C-MX-3) C-MX-3 applies to areas or intersections served primarily by local or collector streets where a building scale of 1 to 3 stories is desired. B. Mixed Use 5 (C-MX-5) C-MX-5 applies to areas or intersections served primarily by collector or arterial streets where a building scale of 1 to 5 stories is desired. C. Mixed Use 8 (C-MX-8) C-MX-8 applies to areas or intersections served primarily by arterial streets where a building scale of 2 to 8 stories is desired. D. Mixed Use 12 (C-MX-12) C-MX-12 applies to areas or intersections served primarily by major arterial streets where a building scale of 3 to 12 stories is desired. E. Mixed Use 16 (C-MX-16) C-MX-16 applies to areas or intersections served primarily by major arterial streets where a building scale of 3 to 16 stories is desired. F. Mixed Use 20 (C-MX-20) C-MX-20 applies to areas or intersections served primarily by major arterial streets where a building scale of 3 to 20 stories is desired. Section 7.2.3 RESIDENTIAL MIXED USE DISTRICTS (C-RX-5, -8, -12) 7.2.3.1 General Purpose A. The Residential Mixed Use Zone Districts are intended to promote safe, active, and pedestrianscaled, diverse areas through the use of building forms that clearly define and activate the public realm. B. The Residential Mixed Use Zone Districts are intended to enhance the convenience, ease and enjoyment of transit, walking, shopping and public gathering within and around the city s residential neighborhoods. C. The Residential Mixed Use Zone District standards are also intended to ensure new development contributes positively to established residential neighborhoods and character, and improves the transition between commercial development and adjacent residential neighborhoods. D. Compared to the Mixed Use districts, the Residential Mixed Use districts are primarily intended to accommodate residential uses. Commercial uses are secondary to the primary residential use of the district, and provide neighborhood-scaled shops and offices for residents to conveniently access goods and services within walking distance. Buildings in a Residential Mixed Use district can have ground floor retail uses, but upper stories are reserved exclusively for housing or lodging accommodation uses. A building can be solely residential or solely commercial; however, buildings containing only commercial uses are limited in total gross floor area to 10,000 square feet consistent with the district purpose. 7.2-2 Amendment: 7

Division 7.2 Districts 7.2.3.2 Specific Intent A. Residential Mixed Use 5 (C-RX-5) C-RX-5 applies to residentially-dominated areas served primarily by local or collector streets where a building scale of 2 to 5 stories is desired. B. Residential Mixed Use 8 (C-RX-8) C-RX-8 applies to residentially-dominated areas served primarily by collector or arterial streets where a building scale of 2 to 8 stories is desired. C. Residential Mixed Use 12 (C-RX-12) C-RX-12 applies to residentially-dominated areas served primarily arterial streets where a building scale of 2 to 12 stories is desired. Section 7.2.4 MAIN STREET DISTRICTS (C-MS-5, -8-12) 7.2.4.1 General Purpose A. The Main Street Zone Districts are intended to promote safe, active, and pedestrian-scaled commercial streets through the use of shopfront and row house building forms that clearly define and activate the public street edge. B. The Main Street Zone Districts are intended to enhance the convenience, ease and enjoyment of transit, walking, shopping and public gathering along the city s commercial streets. C. The Main Street district standards are also intended to ensure new development contributes positively to established residential neighborhoods and character, and improves the transition between commercial development and adjacent residential neighborhoods. D. Main Street Zone Districts are typically applied linearly along entire block faces of commercial, industrial, main, mixed-use and residential arterial streets (as designated in Blueprint Denver) or, less frequently, on single zone lots at the intersection of local/collector streets within a residential neighborhood. E. In the Urban Center Neighborhood Context, the Main Street Zone Districts should be applied where active ground floor retail is desired. F. In the Urban Center Neighborhood Context, the Main Street Zone Districts may also be embedded within a larger commercial shopping center or mixed-use area to promote ground floor retail activity. G. Main Street buildings have a shallow front setback range. The build-to requirements are high. 7.2.4.2 Specific Intent A. Main Street 5 (C-MS-5) C-MS-5 applies primarily to collector or arterial street corridors, or may be embedded within a larger commercial shopping center or mixed-use area, where a building scale of 2 to 5 stories is desired. B. Main Street 8 (C-MS-8) C-MS-8 applies primarily to arterial street corridors, or may be embedded within a larger commercial shopping center or mixed-use area, where a building scale of 2 to 8 stories is desired. C. Main Street 12 (C-MS-12) C-MS-12 applies primarily to arterial street corridors, or may be embedded within a larger commercial shopping center or mixed-use area, where a building scale of 2 to 12 stories is desired. 7.2-3

Division 7.2 Districts Section 7.2.5 7.2.5.1 General Purpose CHERRY CREEK NORTH DISTRICT (C-CCN) A. The C-CCN district promotes development that is in keeping with the existing character, scale and ambience of the existing Cherry Creek North business area and to encourage interesting and attractive architectural design solutions for new developments and to promote pedestrian and shopping activities, particularly at street level. 7.2.5.2 Specific Intent Goals of the C-CCN district also include: to maintain and enhance the retail ambience of the Cherry Creek North district, to encourage a mixture of uses, including residential and office, and to encourage low-scale, small lot development projects that reinforce and enhance the eclectic, urban architectural character and pedestrian scale of the district. To this end, these regulations and the associated guidelines encourage: A. Project planning and architectural design solutions that create projects of a scale and quality that promotes pedestrian and retail shopping activity at street level; B. Continuity of storefronts located at the setback line creating a pedestrian oriented shopping environment; C. The development and redevelopment of small lots; D. Site and building design in new projects which compliments the tradition of low-scale, small lot development in the district; E. Creation of outdoor open space, taking advantage of the pleasant local climate, to provide settings for activities and visual amenities, including public art; F. Complementary day and evening activity through continued development of nightlife and entertainment uses. The C-CCN Zone District is intended to be a place where the pedestrian feels welcome and comfortable. It is a retail/restaurant/entertainment experience first and foremost. 7.2.5.3 Permitted Structures A. Zone lot for structures. A separate ground area, herein called the zone lot, shall be designated, provided and continuously maintained for each structure containing a use or uses by right. Each zone lot shall have at least one (1) front line and shall be occupied only by the structure containing a use or uses by right and one subordinate structure containing only accessory uses. Upon application to and approval by the department of zoning administration, the boundaries and area of a designated zone lot may be amended if full compliance with all requirements of this Code can be maintained. B. Location of structures. All structures shall be set in a distance of not less than five feet from each front line of the zone lot and shall satisfy the following requirements: 1. Requirements. The front facade of the ground floor shall be located on or near the front setback line as explained below. The frontage shall be measured along the front setback line, and for corner lots shall mean the length of the combined frontage of front setback lines. For the purposes of this Division, additional front setback area shall mean the area between the front setback line or lines and the building facade. a. A portion of the facade shall be located on the front setback line for at least 33 percent of the frontage; and b. The whole of the building facade shall be located so that the additional front setback area shall be no greater than 50 percent of the total area between the front setback line or lines and a line ten feet behind the front setback line and parallel to it. 7.2-4

Division 7.2 Districts 2. The space resulting from the required five-foot setback and additional front setback area shall be open and unobstructed and shall not be used for off-street parking space. C. Permitted encroachments on setback space. See Section 7.3.7.4. D. Bulk of structures. 1. There shall be no bulk plane requirements along the East 1st Avenue right of way. 2. Along the south right-of-way of East 2nd Avenue and East 3rd Avenue no part of any structure (except church spires, church towers, flagpoles, antennas, chimneys, flues, vents or accessory water tanks) shall project up through bulk limits which are defined by an imaginary plane extending up over the zone lot at an angle of 45 degrees with respect to the horizontal (a pitch of one foot additional rise for each foot additional setback) and which plane starts at a horizontal line which runs parallel to the front setback line of the zone lot and passes through a point 31 feet above the midpoint of such line between boundary lines of the zone lot. 3. In the remainder of the district, no part of any structure (except church spires, church towers, flagpoles, antennas, chimneys, flues, vents or accessory water tanks) shall project up through bulk limits which are defined by an imaginary plane extending up over the zone lot at an angle of 45 degrees with respect to the horizontal (a pitch of one foot additional rise for each foot additional setback) and which plane starts at a horizontal line which runs parallel to the front setback line of the zone lot and passes through a point 35 feet above the midpoint of such line between the boundary lines of the zone lot. E. Building height. The maximum height of any structure shall be 55 feet. F. Maximum gross floor area in structures. The sum total of the gross floor area of all structures on a zone lot shall not be greater than one times the area of the zone lot (FAR = 1.0:1). Computation of maximum gross floor area shall be according to Division 13.3, Definition of Words, Terms and Phrases. G. Floor area premiums. The provisions for floor area premiums make available incentives for private sector participation in pursuing specifically identified district objectives. Floor area premiums may be used to increase the maximum gross floor area an additional 0.5 times the area of the zone lot (maximum supplementary FAR = 0.5:1). 1. Premiums for underground parking. (See definition of underground parking in Article 13, definitions.) a. 0.20:1 FAR if at least 50 percent of the required parking is constructed with the parking surface at least eight feet below street grade (elevation at center line of the street). b. 0.30:1 FAR if at least 70 percent of the required parking is constructed with the parking surface at least eight feet below street grade. c. 0.40:1 FAR if all required parking is constructed with the parking surface at least eight feet below street grade. 2. Premium for open space. (See definition of unobstructed open space in Article 13, definitions.) Two square feet of gross floor area for each square foot of open space area not in the required setbacks. The maximum area of a zone lot that can be devoted to open space area is 25 percent of the zone lot area. The only uses which are allowed within this open space are: eating place; display of sculptural art; sale of flowers, fruit, vegetables; landscaping; and seating. A zone lot may have more than one open space. Any one open space area is limited to a maximum of 5,000 square feet. The elevation of such open space must be no more than two feet above or below that of the adjacent street grade. Open space Amendment: 5 7.2-5

Division 7.2 Districts shall be served by at least one handicap accessible route from the sidewalk. Open space must be open to use by the public during regular business hours. Open space shall be provided with a minimum of one tree per 1,000 square feet of open space. If the provision of trees can be shown to be impracticable, then in lieu of providing trees, minimum of ten percent of the open space shall be in planted area. One dimension of the open space shall not exceed three times the other dimension. 3. Premium for residential use. One square foot of floor area for each square foot of floor area maintained and operated as dwelling units up to a maximum increase in the FAR of 0.25:1. 4. Premium for moderately priced dwelling units. A floor area premium equal to ten percent of the zone lot area if the structure qualifies under the provisions of D.R.M.C. Article IV, chapter 27(affordable housing), provided all of said floor area premium is dedicated to residential uses. 7.2.5.4 Permitted Signs The provisions of Article 10, Division 10.10 of this Code on permitted signs shall be in full force and effect in this district. Notwithstanding the provisions of Article 10, Division 10.10, certain types of signs may be permitted by the design advisory board according to rules and regulations prepared by the design advisory board and adopted by the planning board. Design guidelines and administrative provisions shall be included in the rules and regulations. In adopting the rules and regulations, the following criteria shall be utilized, and the design advisory board shall consider for approval only those signs and graphics which meet the following criteria: A. Must be compatible with and an enhancement of the character of the surrounding district and adjacent architecture when considered in terms of scale, color, materials, lighting levels, and adjoining uses; B. Must be compatible with and an enhancement of the architectural characteristics of the buildings on which they appear when considered in terms of scale, proportion, color, materials and lighting levels; C. Must be appropriate to and expressive of the business or activity for which they are displayed; D. Must be creative in the use of unique two-and three-dimensional form, profile, and iconographic representation; employ exceptional lighting design and represent exceptional graphic design, including the outstanding use of color, pattern, typography and materials; and E. Must be of high quality, durable materials appropriate to the physical demands of an urban setting. 7.2.5.5 Off-Street Parking Requirements The requirements of Division 10.4 Parking and Loading, of this Code shall apply except where superseded by this Section. A. Basic requirements: The following minimum parking requirements shall apply to C-CCN in place of the parking requirements in Section 7.4.4 Uses by District and Minimum Parking Requirements: 1. Office use: One space per 300 square feet of gross floor area (1/300). 2. Retail use: One space per 300 square feet of gross floor area (1/300). 3. Residential use: Two spaces per dwelling unit. 4. Other uses: For other specific uses, the provisions of Article VII shall apply. 7.2-6 Amendment: 5

Division 7.2 Districts 5. Vehicle Parking Reduction for Affordable Housing and Senior Housing: see Section 10.4.4.2.B. B. Modifications of the basic requirement. Notwithstanding the provisions of Subsection A.1. through A.3. above, the following modifications shall apply to all permitted office, residential and retail uses, except barber shops, beauty salons, billiard parlors, brew pubs and eating places, which are located on zone lots in existence prior to October 1, 1996: 1. For interior zone lots under 6,200 square feet, with no alley access, no parking is required provided the 1:1 FAR is not exceeded. If the 1:1 FAR is exceeded, the basic off-street parking requirement shall apply for the floor area in excess of the 1:1 FAR, provided, however, no parking shall be required for the first 1,550 square feet of residential use. 2. For zone lots containing an area up to and including 7,400 square feet, one parking space shall be required for every 1,250 square feet of gross floor area occupied by a nonresidential use. Two parking spaces shall be required for each dwelling unit. 3. For zone lots containing an area from 7,401 square feet up to and including 12,400 square feet, one parking space shall be required for every 900 square feet of gross floor area occupied by a nonresidential use. Two parking spaces shall be required for each dwelling unit. 4. For zone lots containing an area from 12,401 square feet up to and including 15,000 square feet, one parking space shall be required for every 600 square feet of gross floor area occupied by a nonresidential use. Two parking spaces shall be required for each dwelling unit. C. Parking development standards: 1. No parking shall be permitted in the required building setback areas. 2. For parking structures which front on a public street, pedestrian-oriented uses such as retail or office uses shall be required at the street level along the street frontage for at least 50 percent of the parking structure frontage. For that portion of the parking structure frontage not devoted to retail or office uses, landscaping shall be provided in the setback area. 3. Notwithstanding the requirements of the landscaping rules and regulations, there shall be a five-foot wide landscaped setback area along the street frontage of any surface parking lot area. All parking lot areas shall be screened to a height of three (3) feet from all streets by a decorative three-foot high screen located at the setback line and landscaping shall be provided in the setback area. All such screens, fences, railings, walls, and landscaping shall be reviewed by the design advisory board. D. Parking calculations for changes of use: In calculating the required numbers of off-street parking spaces for changes of use in accordance with Section 10.4.2.2, office uses in existence prior to September 17, 1993, shall use the ratio of one off-street parking space per 500 square feet of floor area to determine the amount of credits applied to the determination of the amount of offstreet parking spaces required for the new use. For office uses established after September 17, 1993, the ratio of one off-street parking space per 300 square feet of floor area shall be used to determine the amount of credits applied to the determination of the amount of off-street parking spaces required for the new use. E. Special plan for the location of off-street parking: Notwithstanding the requirements of Section 10.4.3.2.C.2, off-street parking requirements may be met off the zone lot upon approval of an off-street parking plan by the department of zoning administration after consultation with the Cherry Creek North Business Improvement district and the planning director. Amendment: 5 7.2-7

Division 7.2 Districts F. Tandem parking: Notwithstanding the provisions of Section 10.4.5.6, required off-street parking, tandem parking is allowed only in the case of an addition to an existing building to meet the parking requirement for the added floor area or in the case of a change of use which results in an increase of the parking required. Tandem parking may not be used to meet the parking requirement of a new development. It must be possible to get any vehicle in or out of a tandem space by moving only one other vehicle. G. Bicycle parking: 1. Requirement for bicycle parking: For every ten (10) automobile parking spaces required, there shall be provided an area or facility in which to park one (1) bicycle. 2. Facility design standards: Bicycle parking facilities shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located on the zone lot and shall be protected from damage by automobiles. 7.2.5.6 Off-Street Loading Requirements The loading requirements of Division 10.4 Parking and Loading, of this Code shall be in full force and effect in this district. 7.2.5.7 Design Advisory Board A. Board established. The mayor shall appoint a Cherry Creek North district design advisory board consisting of eight members to advise and assist the planning board and/or planning office in their review procedures. B. The board shall consist of the following individuals to be appointed by the mayor from a list of nominations provided by the board of Cherry Creek North Business Improvement district: three licensed architects and one licensed landscape architect who reside in Denver; one member of the board of Cherry Creek North Business Improvement District or its designated successor; one property owner from the district; one retailer from the district; and one nonvoting representative from the Denver planning office. C. Two members of the board shall be appointed by the mayor within 30 days from the effective date of the ordinance from which this Section was derived. The members of the board shall be appointed by the mayor for the term of three years and shall serve at the pleasure of the mayor. The six members of the board serving on the effective date of the ordinance from which this Section was derived shall serve the balance of the term to which the member was appointed. Vacancies shall be filled within 30 days by the mayor from the date on which the vacancy occurs. 7.2.5.8 Application for Design Plan Approval Applicants for a zoning administration use and construction permit shall first obtain approval of a design plan according to the following regulations: A. Pre-application conference. Prior to filing an application for approval of a design plan, the applicant shall make a request to the planning office for a pre-application conference. During such conference the planning staff shall explain the procedures involved in the design review and shall list the submittal material from the following subsection which will be needed to describe the project. B. Applications for approval of a design plan under this Article shall be filed with the department of zoning administration by all the owners or authorized representative[s] of any land to be included within the zone lot. The application may include the following: [site plan;] floor plan; sections through building and site; building elevations; special zone lot plan for planned building groups; an exterior perspective; tabulations of major exterior and interior areas; a tabulation of parking by size and type required and provided; dimensions of parking areas, setbacks, 7.2-8 Amendment: 5

Division 7.2 Districts building heights and sign design; a mass model of the project at a scale of one inch equals 30 feet. The planning staff may require that the application include all or a portion of the items listed above in order to describe the specific project. C. The complete application shall be forwarded to the planning office for review by the design advisory board. At a regular meeting of the design advisory board, the applicant shall have the opportunity to discuss the application within 25 days after submittal to zoning administration. If no action is taken within 25 days after submittal, the project shall be deemed approved unless the review period is extended by mutual agreement of the applicant and the design review board. D. Rules and regulations, including administrative procedures and design guidelines, shall be prepared by the design review board and adopted by the planning board. Such guidelines shall address the following: building character; alignment of architectural features; pedestrian interest at the sidewalk edges; building materials, textures and patterns; art, open spaces, parking and signs. E. Applications shall be evaluated on the basis of the design guidelines. The design advisory board shall prepare recommendations, and an applicant may appeal the recommendations of the design review board to the planning board by filing an appeal in the office of the planning board within 15 days of the date of the recommendations of the design advisory board. If an appeal is filed with the planning board, the planning board shall evaluate all comments on the application and shall forward a final recommendation to the Zoning Administrator. If an appeal is not filed with the planning board, the recommendations of the design advisory board shall be forwarded to the Zoning Administrator. The Zoning Administrator shall approve, approve with conditions or deny the application for use and construction permit after reviewing the recommendations of the design advisory board or the planning board. 7.2-9

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Division 7.3 DESIGN STANDARDS The following Intent Statements are intended to provide further information regarding intent and performance expectations for the district, site and building design standards. Section 7.3.1 GENERAL INTENT 7.3.1.1 Urban Design and Building Form Standards All Districts The Intent of Urban Design and Building Form Standards in all Districts are to: A. Implement the Denver Comprehensive Plan. B. To continue Denver s physical character, including access to parks and parkways, tree lined streets, detached sidewalks, interconnected street networks, and convenient access to parks, open space, and transit. C. Improve compatibility with and respect for the existing character and context of Denver and its neighborhoods. D. Arrange building density, uses, heights, and scaling devices to reinforce the public transit centers and corridors, and to transition to adjoining areas. E. Give prominence to pedestrian realm as a defining element of neighborhood character. F. Spatially define public streets and their associated open space as positive, usable features around which to organize and orient buildings in a manner that promotes pedestrian activity, a sense of security and community. G. Provide human scale in buildings through use of detail, contrast, form, window and door placement, color and materials. 7.3.1.2 Transit Oriented Development The Intent of Transit Oriented Development Design Standards are to: Section 7.3.2 7.3.2.1 Height A. Provide easily identifiable pedestrian connections between private development, public rights of way and multiple modes of transit. B. Configure the site so that a clear, safe, and attractive pedestrian system, with the transit facility as a component, is the primary public element to which buildings are oriented. C. Arrange residential, employment, retail, service, and open space uses to be convenient to and compatible with each other and with transit. D. Maximize pedestrian amenities near transit facilities and along the primary pedestrian connections to transit facilities. BUILDING FORM INTENT A. Encourage buildings whose forms are responsive to the surrounding context, including opportunities to reinforce existing and evolving nodes of mixed-use, pedestrian and transit activities. B. Arrange building heights, and scaling devices to provide transitions to adjoining areas. 7.3-1

7.3.2.2 Siting A. Required Build-To 1. Provide a consistent street edge to enhance character of the context. 2. Define streets to promote pedestrian activity and sense of place. 3. Reinforce the character and quality of public streets with buildings that provide consistent siting, pedestrian orientation and access to the street. B. Setbacks 1. Site buildings to be consistent with the intended character and functional requirements of the urban context. 2. Site buildings to define the street edge/public realm consistent with the context. 3. Utilize buildings to create positive transitions between districts. C. Parking Location 1. Minimize the visual impacts of parking areas on streets and adjoining property. 2. Minimize conflicts between pedestrian and vehicles. 7.3.2.3 Design Elements A. Building Configuration 1. Promote variation in building form that enhances access to daylight, air and views from within and around new structures. 2. Encourage variation in building form that provides opportunities for architectural scale relationships in large building contexts. 3. Main Street setback: Reinforce the proportional scale of buildings to street width in order to establish a strong edge to Main Streets and other urban street corridors.. 4. Arrange building heights, and scaling devices to provide transitions to adjoining areas. B. Transparency 1. Maximize transparency of windows at street level to activate the street. 2. Utilize doors and windows to establish scale, variation,and patterns on building facades that provide visual interest and reflect the uses within the building. 3. Limit the use of highly reflective glass to avoid reflected glare onto neighboring streets and properties. C. Entrances 1. Give prominence to pedestrian realm as a defining element of neighborhood character. 2. Provide convenient access to buildings and pedestrian active uses from the street. 3. Articulate and create a visual hierarchy of building entrances as an aid in way-finding. 4. Provide a positive relationship to the street through access, orientation and placement consistent with the context. 5. Create visually interesting and human-scaled facades. 7.3-2

Section 7.3.3 PRIMARY BUILDING FORM STANDARDS 7.3.3.1 Applicability All development in all the Urban Center Neighborhood Context Zone Districts 7.3.3.2 General Standards Combining standards from different building forms for the same structure is prohibited, except where expressly allowed. 7.3.3.3 District Specific Standards Summary The maximum number of structures per zone lot and building forms allowed by zone district is summarized below:. Urban Center (C-) Neighborhood Context Zone Districts Max Number of Primary Structures per Zone Lot Building Forms Suburban House Urban House Detached Acc. Dwelling Unit Duplex Tandem House Town House Garden Court Row House Courtyard Apartment Apartment Drive Thru Services Drive Thru Restaurant General Shopfront Residential Mixed Use (RX) C-RX-5, -8, -12 no max Mixed Use (MX) C-MX-3, -5, -8, -12, -20 no max Main Street (MS) C-MS-5, -8, -12 no max Cherry Creek North C-CCN See Sec. 7.2.5 for Standards Applicable in the C-CCN District = = subject to limitations Amendment: 5 7.3-3

7.3.3.4 District Specific Standards A. Row House Not to Scale. Illustrative Only. A ALLEY H G H G H G C E F F F F E C D D D B B B PRIMARY STREET J ALLEY I M M PROTECTED DISTRICT PROPERTY LINE PRIMARY STREET M K L 7.3-4

ROW HOUSE H E I G H T C-MX-3 C-MX-5, -8, -12, -16, -20 C-RX-5, -8, -12 C-MS-5, -8, -12 A Stories (max) 3 5 5 A Feet (min/max) na/45 na/70 24 /70 B S I T I N G ZONE LOT Use Restrictions REQUIRED BUILD-TO Primary Street (min % within min/max) C-MX-3, -5, -8, -12, -16, -20 C-RX-5,-8, -12 C-MS-5, -8, -12 na 70% 0 /15 Second Story and Above: Residential or Lodging Accommodations Uses Only; Buildings with No Residential or Lodging Accommodation Uses: 10,000 sf GFA max C Side Street (min % within min/max) na na SETBACKS 70% 0 /15 Ground Story within required build-to portion must have at least one primary use, other than parking of vehicles 75% 0 /5 If Residential Only: 75% 0 /10 25% 0 /5 If Residential Only: 25% 0 /10 D Primary Street (min) 0 0 0 E Side Street (min) 0 0 0 F Side Interior, (min) 0 0 0 Side Interior, adjacent to Protected District (min) 10 10 10 G Rear, alley and no alley (min) 0 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 0 /10 PARKING Surface Parking between building and Primary Street/Side Street Not /Not Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access Shall be determined as part of Site Development Plan Review ACCESSORY STRUCTURES H Detached Accessory Structures see Sec. 7.3.4 D E S I G N E L E M E N T S BUILDING CONFIGURATION Upper Story Setback Above 27, adjacent to Protected I District: Rear, alley/rear, no alley and Side, interior (min) Upper Story Setback Above 51, adjacent to Protected J District,:Rear, alley/rear, no alley and Side, interior (min) GROUND STORY ACTIVATION C-MX-3 C-MX-5, -8, -12, -16, -20 C-RX-5,-8, -12 C-MS-5, -8, -12 15 /25 20 /25 20 /25 na 35 /40 35 /40 K Transparency, Primary Street (min) 30% 30% 60%; If Residential Only: 40% L Transparency, Side Street (min) 25% 25% 25% M Pedestrian Access Each unit shall have a street-facing Entrance Amendment: 7 7.3-5

B. Courtyard Apartment Not to Scale. Illustrative Only. A ALLEY F F F D E E E E D C C C B B B PRIMARY STREET J I ALLEY H M PROTECTED DISTRICT PROPERTY LINE G PRIMARY STREET K L 7.3-6

COURTYARD APARTMENT C-RX-5 C-RX-8 C-RX-12 H E I G H T C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 A Stories (max) 3 5 8 12 16 20 A Feet (max) 45 70 110 150 200 250 Feet, within 175 of Protected District (max) na na 75 75 75 75 B C-RX-5 C-RX-8 C-RX-12 S I T I N G C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 ZONE LOT Use Restrictions REQUIRED BUILD-TO Primary Street (min % within min/max)* SETBACKS C-RX: Second Story and Above: Residential or Lodging Accommodations Uses Only; Buildings with No Residential or Lodging Accommodation Uses: 10,000 sf GFA max 70% 0 /10 70% 0 /10 70% 0 /10 C-MX: na C Primary Street (min) 0 0 0 0 0 0 D Side Street (min) 0 0 0 0 0 0 E Side Interior (min) 0 0 0 0 0 0 Side Interior, adjacent to Protected District (min) 10 10 10 10 10 10 F Rear, alley and no alley (min) 0 0 0 0 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 0 /10 0 /10 0 /10 0 /10 PARKING Surface Parking between building and Not /Not Primary Street/Side Street Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access 70% 0 /10 70% 0 /10 Shall be determined as part of Site Development Plan Review C-RX-5 C-RX-8 C-RX-12 D E S I G N E L E M E N T S C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 BUILDING CONFIGURATION G Street-Facing Courtyard Width (min) 15 15 15 15 15 15 H Street-Facing Courtyard Depth (min) 30 30 30 30 30 30 I J Courtyard Design Standards See Sec. 7.3.5.1 Upper Story Setback Above 27, adjacent to Protected District: Rear, alley/rear, no alley and Side Interior (min) 15 /25 20 /25 20 /25 20 /25 20 /25 20 /25 Upper Story Setback Above 51, adjacent to Protected District: Rear, alley/rear, no alley and Side Interior (min) na 35 /40 35 /40 35 /40 35 /40 35 /40 GROUND STORY ACTIVATION K Transparency, Primary Street (min) 30% 30% 30% 30% 30% 30% L Transparency, Side Street (min) 25% 25% 25% 25% 25% 25% M Pedestrian Access, Primary Street Entrance *Courtyard Width counts toward required Build-to 70% 0 /10 Amendment: 7 7.3-7

C. Apartment (1 of 2) Not to Scale. Illustrative Only. A ALLEY F F F D E E E E D C C C B B B PRIMARY STREET H G ALLEY K PROTECTED DISTRICT PROPERTY LINE PRIMARY STREET I J 7.3-8

APARTMENT (1 OF 2) C-RX-5 C-RX-8 C-RX-12 H E I G H T C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 A Stories (max) 3 5 8 12 16 20 A Feet (max) 45 70 110 150 200 250 Feet, within 175 of Protected District (max) na na 75 75 75 75 B C-RX-5 C-RX-8 C-RX-12 S I T I N G C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 ZONE LOT Use Restrictions Residential Uses Only REQUIRED BUILD-TO Primary Street (% within min/max) SETBACKS C Primary Street (min) 0 0 0 0 0 0 D Side Street (min) 0 0 0 0 0 0 E Side Interior (min) 0 0 0 0 0 0 Side Interior, adjacent to Protected District (min) 10 10 10 10 10 10 F Rear, alley and no alley (min) 0 0 0 0 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 0 /10 0 /10 0 /10 0 /10 PARKING Surface Parking between building and Primary Street/Side Street Not /Not Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access Shall be determined as part of Site Development Plan Review 70% 0 /10 C-RX-5 C-RX-8 C-RX-12 D E S I G N E L E M E N T S C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 BUILDING CONFIGURATION Upper Story Setback Above 27, adjacent to Protected District: G Rear, alley/rear, no alley and Side, interior (min) Upper Story Setback Above 51, adjacent to Protected District: H Rear, alley/rear, no alley and Side, interior (min) GROUND STORY ACTIVATION 70% 0 /10 70% 0 /10 70% 0 /10 70% 0 /10 70% 0 /10 15 /25 20 /25 20 /25 20 /25 20 /25 20 /25 35 /40 35 /40 35 /40 35 /40 35 /40 35 /40 I Transparency, Primary Street (min) 30% 30% 30% 30% 30% 30% J Transparency, Side Street (min) 25% 25% 25% 25% 25% 25% K Pedestrian Access, Primary Street Entrance 7.3-9

D. Apartment (2 of 2) Not to Scale. Illustrative Only. A ALLEY G G G E F F F F E C C D D D B B B PRIMARY STREET H J I ALLEY PROTECTED DISTRICT PROPERTY LINE PRIMARY STREET M K L PROPERTY LINE 7.3-10

APARTMENT (2 OF 2) H E I G H T C-MS-5 C-MS-8 C-MS-12 A Stories (max) 5 8 12 A Feet (min/max) 24 /70 24 /110 24 /150 B C S I T I N G C-MS-5 C-MS-8 C-MS-12 ZONE LOT Ground Story within the Required Build-to portion Use Restrictions must have at least one primary use, other than parking of vehicles; Residential Uses Only REQUIRED BUILD-TO Primary Street (% within min/max) 75% 75% 75% Side Street (% within min/max) 0 /10 25% 0 /10 0 /10 25% 0 /10 0 /10 25% 0 /10 SETBACKS D Primary Street (min) 0 0 0 E Side Street (min) 0 0 0 F Side Interior (min) 0 0 0 Side Interior, adjacent to Protected District (min) 10 10 10 G Rear, alley and no alley (min) 0 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 0 /10 PARKING Surface Parking between building and Primary Street/ Side Street Not /Not Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access Shall be determined as part of Site Development Plan Review D E S I G N E L E M E N T S C-MS-5 C-MS-8 C-MS-12 BUILDING CONFIGURATION H Primary Street Upper Story Setback above 5 stories or 70 (min depth) na 20 20 I Upper Story Setback Above 27, adjacent to Protected District: Rear, alley/rear, no alley and Side, interior (min) 20 /25 20 /25 20 /25 J Upper Story Setback Above 51, adjacent to Protected District: Rear, alley/rear, no alley and Side, interior (min) 35 /40 35 /40 35 /40 GROUND STORY ACTIVATION K Transparency, Primary Street (min) 40% 40% 40% L Transparency, Side Street (min) 25% 30% 30% M Pedestrian Access, Primary Street Entrance 7.3-11

E. Drive Thru Services Not to Scale. Illustrative Only. A G C F E D PRIMARY STREET B I H PRIMARY STREET J L K 7.3-12

DRIVE THRU SERVICES H E I G H T All C-MX, C-MS A Stories (max) 3 A Feet (max) 45 S I T I N G All C-MS All C-MX USE RESTRICTION Automobile Services, Light and/or Primary Use with Accessory Drive Thru Use, excluding Eating/Drinking Establishments REQUIRED BUILD-TO B Primary Street (min % within min/max)* 50% 50% 0 /15 0 /15 C Side Street (min % within min/max)* 50% 50% 0 /15 0 /15 SETBACKS D Primary Street (min) 0 0 E Side Street (min) 0 0 F Side Interior (min) 0 0 Side Interior, adjacent to Protected District (min) 10 10 G Rear, alley and no alley (min) 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 PARKING Surface Parking between building and Primary Street/ Side Street Not /Not Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access Shall be determined as part of Site Development Plan Review H I D E S I G N E L E M E N T S All C-MS All C-MX BUILDING CONFIGURATION *Canopy Screening Required Upper Story Setback Above 27, adjacent to Protected District: Rear, alley/rear, no alley and Side, interior (min) GROUND STORY ACTIVATION Building shall be used to meet a portion of the Primary and Side Street Build-To. Canopy may be used to meet a portion of the Primary and Side Street Build-To Garden Wall required within 0 /15 for 100% of the Primary and Side Street, excluding access points and portions of building within 0 /15, following the standards of Article 10, Section 10.5.4.3 15 /25 15 /25 J Transparency, Ground Story, Primary Street (min) 60% 40% K Transparency, Ground Story, Side Street (min) 25% 25% L Pedestrian Access, Primary Street Entrance Entrance 7.3-13

F. Drive Thru Restaurant Not to Scale. Illustrative Only. A G F E C D PRIMARY STREET B PRIMARY STREET H J I 7.3-14

DRIVE THRU RESTAURANT H E I G H T All C-MX All C-MS A Stories (max) 3 3 A Feet (max) 45 45 S I T I N G All C-MX All C-MS Eating/Drinking Establishment Primary Use with Accessory Drive Thru Use Only USE RESTRICTION REQUIRED BUILD-TO Corner Lots: 50% Corner Lots: 50% 0 /10 0 /5 All other: 75% 0 /5 All other: 70% 0 /10 B Primary Street (min % within min/max) C Side Street (min % within min/max) SETBACKS 50% 0 /10 D Primary Street (min) 0 0 E Side Street (min) 0 0 50% 0 /5 F Side Interior (min) 0 0 Side Interior, adjacent to Protected District (min) 10 10 G Rear, alley and no alley (min) 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 PARKING Surface Parking between building and Pri- Not /Not mary Street/ Side Street Drive Thru Lane between building and Primary Street/ Side Street Vehicle Access Not /Not Shall be determined as part of Site Development Plan Review D E S I G N E L E M E N T S All C-MX All C-MS BUILDING CONFIGURATION Upper Story Setback Above 27, adjacent to Protected District: Rear, alley/rear, no alley 15 /25 15 /25 and Side Interior (min) GROUND STORY ACTIVATION H Transparency, Primary Street (min) 40% 60% I Transparency, Side Street (min) 25% 25% J Pedestrian Access, Primary Street Entrance Entrance 7.3-15

G. General Not to Scale. Illustrative Only. A ALLEY F F F D E E E E D C C C B B B PRIMARY STREET H G ALLEY PROTECTED DISTRICT PROPERTY LINE PRIMARY STREET K I J 7.3-16

GENERAL C-RX-5 C-RX-8 C-RX-12 H E I G H T C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 A Stories (max) 3 5 8 12 16 20 A Feet (max) 45 70 110 150 200 250 Feet, within 175 of Protected District (max) na na 75 75 75 75 B C-RX-5 C-RX-8 C-RX-12 S I T I N G C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 ZONE LOT C-RX: Second Story and Above: Residential or Lodging Accommodations Use Restrictions Uses Only; Buildings with No Residential or Lodging Accommodation Uses: 10,000 sf GFA max C-MX: na REQUIRED BUILD-TO Primary Street (% within min/max) SETBACKS 70% 0 /10 70% 0 /10 70% 0 /10 70% 0 /10 70% 0 /10 C Primary Street (min) 0 0 0 0 0 0 D Side Street (min) 0 0 0 0 0 0 E Side Interior (min) 0 0 0 0 0 0 Side Interior, adjacent to Protected District (min) 10 10 10 10 10 10 F Rear, alley and no alley (min) 0 0 0 0 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 0 /10 0 /10 0 /10 0 /10 PARKING Surface Parking between building and Primary Street/Side Street Not /Not Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access Shall be determined as part of Site Development Plan Review C-RX-5 C-RX-8 C-RX-12 D E S I G N E L E M E N T S C-MX-3 C-MX-5 C-MX-8 C-MX-12 C-MX-16 C-MX-20 BUILDING CONFIGURATION G Upper Story Setback Above 27, adjacent to Protected District: Rear, alley/rear, no alley and Side Interior (min) 15 /25 20 /25 20 /25 20 /25 20 /25 20 /25 H Upper Story Setback Above 51, adjacent to Protected District: Rear, alley/rear, no alley and Side Interior (min) na 35 /40 35 /40 35 /40 35 /40 35 /40 GROUND STORY ACTIVATION I Transparency, Primary Street (min) 40% 40% 40% 40% 40% 40% J Transparency, Side Street (min) 25% 25% 25% 25% 25% 25% K Pedestrian Access, Primary Street Entrance 70% 0 /10 Amendment: 7 7.3-17

H. Shopfront Not to Scale. Illustrative Only. A ALLEY G G G E F F F F E C C D D D B B B PRIMARY STREET H J I ALLEY PROTECTED DISTRICT PROPERTY LINE PRIMARY STREET M K L PROPERTY LINE 7.3-18

SHOPFRONT H E I G H T C-MS-5 C-MS-8 C-MS-12 A Stories (max) 5 8 12 A Feet (min/max) 24 /70 24 /110 24 /150 S I T I N G C-MS-5 C-MS-8 C-MS-12 Ground Story within the required build-to portion must Use Restrictions have at least one primary use, other than parking of vehicles REQUIRED BUILD-TO B Primary Street (% within min/max) 75% 75% 75% 0 /5 0 /5 0 /5 C Side Street (% within min/max) 25% 25% 25% 0 /5 0 /5 0 /5 SETBACKS D Primary Street (min) 0 0 0 E Side Street (min) 0 0 0 F Side Interior (min) 0 0 0 Side Interior, adjacent to Protected District (min) 10 10 10 G Rear, alley and no alley (min) 0 0 0 Rear, adjacent to Protected District, alley/no alley (min) 0 /10 0 /10 0 /10 PARKING Surface Parking between building and Primary Street/Side Street Not /Not Surface Parking Screening Required See Article 10, Division 10.5 Vehicle Access Shall be determined as part of Site Development Plan Review D E S I G N E L E M E N T S C-MS-5 C-MS-8 C-MS-12 BUILDING CONFIGURATION H Primary Street Upper Story Setback above 5 stories or 70 (min) na 20 20 I Upper Story Setback Above 27, adjacent to Protected District: Rear, alley/rear, no alley and Side Interior (min) 20 /25 20 /25 20 /25 J Upper Story Setback Above 51, adjacent to Protected District: Rear, alley/rear, no alley and Side Interior (min) 35 /40 35 /40 35 /40 GROUND STORY ACTIVATION K Transparency, Primary Street (min) 60% 60% 60% L Transparency, Side Street (min) 25% 30% 30% M Pedestrian Access, Primary Street Entrance 7.3-19

Section 7.3.4 DETACHED ACCESSORY BUILDING FORM STANDARDS 7.3.4.1 Applicability All detached accessory structures in all the Urban Center Neighborhood Context Zone Districts 7.3.4.2 General Standards A. Combining standards from different building forms for the same structure is prohibited. B. Detached Accessory Structures Specifically The following detached accessory structures are specifically allowed: 1. Buildings: Sheds, utility buildings, playhouses, Patios, cabanas, pool houses, Porches, and guard houses 2. Underground Structures: Swimming pools, storm and fallout shelters 3. Unenclosed Structures: a. Carports b. Decks, gazebos, arbor/trellis, swimming pools and other recreational and play facilities for the use of residents, non-commercial barbecues, outside fireplaces, and eating areas c. Radio and Television Receiving Antennas and Support Structures Permitted accessory radio and television receiving antennas and support structures shall include satellite dishes less than 32 inches in diameter, and one amateur radio sending and receiving antenna and support structures provided for same. d. Solar and photo-voltaic energy systems 4. Fences, Walls and Retaining Walls All accessory fences, walls and retaining walls shall comply with the fence and wall standards in Division 10.5, instead of this Section 7.3.4. 5. Accessory Structures Not Specifically Listed a. The Zoning Administrator shall determine and impose limitations on accessory structures not otherwise listed as allowed in an applicable Use Table in Articles 3 through 9, or not otherwise covered by the standards in this Section 7.3.4. b. All such determinations shall be reviewed according to the procedures and review criteria stated in Section 12.4.6, Code Interpretations and Determination of Unlisted Uses. In addition to the criteria stated in Section 12.4.6, the Zoning Administrator shall determine whether a proposed accessory structure is common and customary to the primary structure on the zone lot or to a specific use by right, and if the structure is incidental to the primary structure(s) on the zone lot or to a specific use by right. c. The Zoning Administrator may impose limitations on the proposed accessory structure, which shall be uniform throughout the Zone District, and taking into consideration the size of the accessory structure, the total number of structures on the zone lot, and the effect on adjacent property. d. Matters that may be regulated according to this Section shall include, but shall not be limited to, the size, area and number of structures accessory to a use by right, except as specifically permitted or excluded by Articles 3 through 9, or by this Section 7.3.4. 7.3-20 Amendment: 5, 7

7.3.4.3 Supplemental Standards A. Gross Floor Area for Detached Accessory Structures in All Zone Districts If an accessory use is operated partially or entirely in one or more detached accessory structures, the gross floor area of such detached accessory structures shall not exceed 10 percent of the area of the zone lot; provided, however, that this limitation shall not apply to detached accessory structures with vehicle access doors. B. Additional Standards for Detached Structures Accessory to Single Unit Dwellings 1. Required Building Materials All detached structures accessory to primary single unit dwelling use shall be constructed of materials that are (1) compatible with the materials employed on the primary building, (2) durable, and (3) are not constructed from salvage doors, or other similar materials as designated by the Zoning Administrator. 2. Access and Contiguity Except when used for a permitted accessory dwelling unit, any residential floor area contained within a second story located above an attached accessory structure shall be contiguous to and accessed only through other residential floor area contained within the principal residential structure. 7.3.4.4 District Specific Standards Summary The maximum number of structures per zone lot and building forms allowed by zone district is summarized below: Urban Center (C-) Neighborhood Context Zone Districts Max Number of Detached Accessory Structures per Zone Lot Building Forms Detached Accessory Dwelling Unit Detached Garage Other Detached Accessory Structures Detached Accessory Structures Residential Mixed Use (RX) C-RX-5, -8, -12 no max* Mixed Use (MX) C-MX-3, -5, -8, -12, -20 no max Main Street (MS) C-MS-5, -8, -12 no max See Sec. 7.2.5 for Standards Applicable in the C-CCN Cherry Creek North C-CCN District = = subject to limitations *One per dwelling unit for structures with vehicle access doors, See Section 1.2.3.5 Amendment: 5 7.3-21

7.3.4.5 District Specific Standards A. Detached Accessory Structures Not to Scale. Illustrative Only. A A ALLEY D D D C C C C C C B PRIMARY STRUCTURE LOCATION PRIMARY STRUCTURE LOCATION B PRIMARY STRUCTURE LOCATION B PRIMARY STREET PRIMARY STREET PRIMARY STRUCTURE LOCATION E ALLEY 7.3-22 Amendment: 4

DETACHED ACCESSORY STRUCTURES H E I G H T All C-RX, C-MX, C-MS A Stories (max) 1 A Feet (max) 17 S I T I N G All C-RX, C-MX, C-MS ZONE LOT Permitted Uses Accessory Uses Only Number of Dwelling Units (min/max) 0/0 Additional Standards See Sections 7.3.4.3 SETBACKS B Setback from Primary Street Facing Facade of Primary 10 Structure (min) C Side Interior and Side Street (min) 5 D Rear (min) 5 Rear Setback, when garage doors face alley 5 D E S I G N E L E M E N T S All C-RX, C-MX, C-MS BUILDING CONFIGURATION Building Footprint (max) 1,000 ft 2 E Horizontal Dimension (max) 36 See Sections 7.3.5-7.3.7 for Supplemental Design Standards, Design Standard Alternatives and Design Standard Exceptions Amendment: 5 7.3-23

Section 7.3.5 7.3.5.1 Courtyard SUPPLEMENTAL DESIGN STANDARDS A. The Courtyard is intended primarily for pedestrian use and shall include all of the following physical characteristics: 1. No more than one-half story above or below grade at the zone lot line adjoining the primary street; may be on the structure; 2. Visually and physically accessible from the primary street; may be secured for private use; 3. Open to the sky; and 4. Bounded on not less than 3 sides with connected building facades. B. The Courtyard area may be used for any of the following: 1. Single or multiple entries to uses within the building; 2. Public or private landscaped area; 3. Outdoor seating area; or 4. Motor Court, which is intended primarily for pedestrian activity but may include shared space for limited vehicular circulation for loading/unloading and access to parking areas outside the courtyard area. The vehicular circulation areas must meet enhanced or upgraded paving standards, including but not limited to unit pavers, or integrally colored concrete with a module of not more than 4 feet. 7.3.5.2 Pedestrian Access Section 7.3.6 A. Entrance: Where required in Urban Center Neighborhood Context Zone Districts, an Entrance shall provide a clear, obvious, publicly accessible connection between the Primary Street and the primary uses within the building. An entrance shall be located either on the Primary Street facing facade or located on a facade other than a Primary Street facing facade but within 15 feet of the zone lot line abutting the Primary Street. An entrance shall be one of the following three types: 1. Door - An entrance on the same plane as the building facade. 2. Recessed Entrance - An entrance inset behind the plane of the building facade by no more than 15 feet. 3. Corner Entrance - An angled street-facing entrance located on the corner of a building at approximately 45 degrees to the intersecting streets DESIGN STANDARD ALTERNATIVES 7.3.6.1 Required Build-To Alternatives Garden Wall and Pergola alternatives may be used singularly or in combination as alternatives to a required build-to minimum percentage standard. If used in combination, the alternatives may count toward no more than 25% of the requirement. 7.3-24 Amendment: 5

A. Garden Walls In all Urban Center Neighborhood Context Zone Districts, Garden Walls may count toward 25% of the Required Build-To minimum percentage and 30% when covered seating for pedestrians is incorporated, provided the garden wall meets the following standards: 1. Garden Walls must be between 30 and 42 in height with the following exceptions: a. Decorative and/or structural piers may exceed the allowable height range b. Seating incorporated into the wall may be a minimum of 18 in height and may be accessed from both sides of the wall without an intervening division c. Pergola, awning and trellis structures must maintain clear visual sight lines between the public right of way and the property between the heights of 42 and 84 2. Materials are limited to Masonry or an Ornamental Metal Fence with Masonry Piers spaced at not more than 25 with landscaping. 3. An Administrative Adjustment to required material is permitted to better match primary building. See Article 12. 4. Garden Walls used as a Required Build-To Alternative may also be used to count toward Perimeter Landscaping Requirements in Article 10. B. Pergola In all Urban Center Neighborhood Context Zone Districts, a pergola, consisting of an arbor or passageway of columns, may count toward 30% of the Required Build-To minimum percentage provided the pergola meets all of the following standards: 1. Pergola structure shall be no less than 24 deep as measured perpendicular to the property line. 2. Pergola structure shall maintain at least 8 clearance between the structure and grade where erected over any public rights-of-way or pedestrian walkways. 3. Pergola structure shall be made of metal or other durable materials suitable for an urban environment and shall have a minimum 6 vertical dimension. 4. Pergola structure shall be supported by vertical columns, posts, or piers not less than 15 on center. 5. Pergola structures and plant materials shall maintain at least 75% open area for clear visual sight lines between the public rights-of-way and the interior of the property between the heights of 42 and 84 above grade. 6. Garden walls, seating and/or landscaping may be incorporated between the pergola s vertical supports. C. Arcades In all Urban Center Neighborhood Context Zone Districts, Arcades may count toward 100% of the Required Build-to when all of the following conditions are met: 1. They extend no more than two stories in height, 2. The exterior face of the arcade column line is within the build-to zone, 3. The arcade column line generally continues the wall plane of the building above, 4. The average depth of the arcade is no less than 6 feet clear as measured from the interior face of the columns, 5. The average depth of the arcade is no more than 2/3 of its average clear height as measured from the front face of the columns Amendment: 5 7.3-25

6. The interior wall of the arcade must meet the required Ground Story Activation Standards or Alternatives. 7.3.6.2 Primary Street Upper Story Setback A. Intent To provide flexibility while maintaining and promoting a pedestrian-scaled main street. B. Applicability C-MS-8, C-MS-12 C. Alternative When the building is placed at 0 on the Primary Street Zone Lot Line, then the Upper Story Setback above 5 stories or 70 may be reduced to 15. This alternative only applies to portions of buildings placed at 0 on the Primary Street Zone Lot Line. Therefore, any portions of the building placed beyond 0 shall meet the Upper Story Setback stated in the building form table. 7.3.6.3 Ground Story Activation Alternatives A. Transparency Alternatives The following alternatives may be used singularly or in combination as alternatives to a required transparency standard. If used in combination, in the C-MX and C-RX Zone Districts, the alternatives may count toward no more than 80% of the transparency requirement. In the C-MX Zone Districts, the Wall Design alternative may count toward 100% of the Side Street and/or Primary Street B transparency requirement, provided the entirety (100%) of the length and height of the wall is considered. In the C-MS Zone Districts, the alternatives may count toward no more than 50% of the Primary and/or Side Street transparency requirement. 1. Windows Outside the Zone of Transparency Windows at the ground story but located outside the zone of transparency may count toward 40% of the transparency requirement, provided the windows comply with Article 13, Sections 13.1.6.2.A.3.b and c. 2. Display Cases and Automated Teller/Ticket Machines The wall area of the following features, when located within the required zone of transparency, may count toward no more than 40% of the transparency requirement: a. Recessed or wall mounted display cases at least 4 feet in height b. Walk-up automated teller machines. 3. Wall Design Wall designs that provide visual interest and pedestrian scale may count toward no more than 50% of Primary Street and 50% of Side Street transparency requirements. In the C-MX Zone Districts, the Wall Design alternative may count toward 100% of the Side Street transparency requirement, provided the entirety (100%) of the length and height of the wall is considered. Wall designs must provide a minimum of three (3) of the following elements occurring at intervals no greater than 25 horizontally and 10 vertically: a. Expression of structural system and infill panels through change in plane not less than 3 b. System of horizontal and vertical scaling elements such as: belt course, string courses, cornice, pilasters c. System of horizontal and vertical reveals not less than 1 in width/depth d. Variations in material module, pattern and/or color e. System of integrated architectural ornamentation f. Green screen or planter walls g. Translucent, fritted, patterned or colored glazing 7.3-26 Amendment: 7

4. Outdoor Eating/Serving Areas Accessory outdoor eating/serving areas located between the building and the Primary Street zone lot line may count toward no more than 60% of the transparency requirement. Accessory outdoor eating/serving areas located between the building and Side Street zone lot line may count toward no more than 80% of the transparency requirement. 5. Permanent Art Non-commercial art or graphic design may count toward a maximum of 40% of the transparency requirement, provided such art or design complies with all of the following standards: a. Of sufficient scale and orientation to be perceived from the public right of way; b. Rendered in materials or media appropriate to an exterior, urban environment; and c. Permanently integrated into the building wall. B. Entrance Alternative In all C-MX and C-RX Zone Districts, excluding the Row House building form, an alternative to an Entrance is permitted. The Entrance Alternative shall provide a clear and obvious, publicly accessible route connecting the Primary Street to the primary uses within the building. An Entrance Alternative shall be one of the following: 1. Courtyard or Plaza a. Shall be accessible to public during business hours b. Shall be within 2 of grade at edge of public right-of-way c. The Entrance shall not be a distance from the public right-of-way more than 3 times the width of the space measured at the primary street facing facade. d. Maximum dimension shall not exceed 3 times the minimum dimension e. Required public Entrance shall be visible from the public right-of-way. f. Perimeter walls of court or plaza shall meet primary facade transparency standards. 2. Covered Walkway a. Arcades or Pergola/Trellis that meet the following: ii. iii. iv. Shall be accessible to public during business hours Shall provide continuous covered access to required Entrance from the public right-of-way Required public Entrance shall be visible from the public right-of-way 7.3-27

Section 7.3.7 7.3.7.1 Height Exceptions DESIGN STANDARD EXCEPTIONS A. Intent To allow unoccupied features to exceed maximum height for utility purposes and/or limited recreation or building amenities in the higher intensity zone districts/larger forms. B. Applicability and Standards: The following unoccupied building features are allowed to exceed height in feet, bulk plane and upper story setbacks as described below: UNOCCUPIED BUILDING FEATURES Eaves Spires, towers, flagpoles, antennas, chimneys, flues and vents Cooling towers and enclosures for tanks Elevator penthouses unoccupied shade structures, stair enclosures, and enclosed or unenclosed mechanical equipment including vertical or sloped screen walls for such equipment. Elevator penthouses, unoccupied shade structures, stair enclosures and mechanical equipment including any vertical or sloped screen walls Parapet Wall and/or Safety Railing Flush-mounted solar panels Evaporative coolers Accessory water tanks ZONE DIS- TRICTS All C- Zone Districts All C- Zone Districts All 5-Story or greater C-RX, C-MX, C-MS Zone Districts C-MX-3, C-CCN Zone Districts All 5-Story or greater C-RX, C-MX, C-MS Zone Districts All 5-Story or greater C- Zone Districts All C- Zone Districts All C- Zone Districts All C-MX, C-MS Zone Districts THE AGGRE- GATE SHALL NOT EXCEED 33-1/3 PER- CENT OF THE AREA OF THE SUPPORTING ROOF SHALL BE SET BACK FROM THE PERIMETER OF THE BUILDING A MINIMUM OF ONE FOOT HORIZONTALLY FOR EVERY ONE FOOT OF VERTICAL HEIGHT MAY EXCEED MAXIMUM HEIGHT IN FEET BY: MAY PROJECT THROUGH THE BULK PLANE MAY ENCROACH INTO THE UPPER STORY SETBACK No No Not allowed Any distance Any distance No No 28 Any distance Any distance No Yes 28 Not allowed Not allowed Yes Yes 12 Not allowed Not allowed Yes Yes 28 Not allowed Not allowed No No Any distance Not allowed Not allowed No No Any distance Any distance Any distance No Yes Any distance Any distance Any distance No Yes 28 Any distance Any distance 7.3-28 Amendment: 7

7.3.7.2 Required Build-To Exceptions 1. Civic Uses are not required to meet the Primary Street and Side Street Build-To standard. 2. Where a zone lot has street frontage on a Parkway designated under D.R.M.C, Chapter 49, if the parkway setback is greater than the outer range of the required build-to range, the build-to shall follow the setback established by the Parkway. The minimum build-to percentage shall still apply. 7.3.7.3 Setback Exceptions In all C- Zone Districts, where a zone lot has street frontage on a Parkway designated under D.R.M.C., Chapter 49, the greater of the following street setbacks shall apply: A. The street setback required by the applicable building form standards in this Code; or B. The required Parkway setback established under D.R.M.C., Chapter 49. 7.3.7.4 Setback Encroachments A. Intent To allow minor elements to encroach into a setback while maintaining an open and unobstructed minimum setback space. B. Standard Required minimum setbacks shall be open and unobstructed. The following setback encroachments, excluding required upper story setbacks, are allowed: 1. Architectural Elements To allow for minor elements which add to the architectural character of buildings, while maintaining an open and unobstructed setback space. Belt Courses, sills, lintels, pilasters, pediments, cornices; chimneys and fireplace insert vents not exceeding 6 in width Intent: To allow common, minor decorative elements which are integral to a building. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts 1.5 Cornices only: 3 1.5 Cornices only: 3 1.5 Cornices only: 3 ; if setback is less than 5 : 2 1.5 Cornices only: 5 Cornice Primary Street Setback Belt Course Pilaster Pediment Lintel Sill Chimney Illustrative only PRIMARY STREET Encroachment Side Setback Encroachment Max Width Not to Scale. Illustrative Only. Amendment: 7 7.3-29

Brick and stone veneers above Finished Grade for re-siding an existing structure only Intent: To allow for re-siding of existing structures which may not meet a required minimum setback or the re-siding of the structure would result in not meeting the required minimum setback. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback 6 6 6 6 PRIMARY STREET Encroachment Side Setback Encroachment Not to Scale. Illustrative Only. Canopies providing cover to an entrance: The width shall be no greater than 25% of the width of the face of the building or 20, whichever is less; and Shall be open on three sides. Intent: Provide protection from the weather for pedestrians entering the building and define street entrances to the building. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Any distance Any distance Not allowed Not allowed PRIMARY STREET Permitted Encroachment Permitted Encroachment Side Setback Primary Street Setback Illustrative only Not to Scale. Illustrative Only. 7.3-30 Amendment: 7

Gutters and Roof Overhang Intent: To allow features of structures intended to repel weather ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback 3 3 Rear Setback 3 ; if setback is less than 5 : 2 Side Setback Encroachment 5 Side Setback Illustrative only Porches (1 story or multi-story), Decks, Patios, Exterior Balconies, and above-grade stairways at the ground story connected to a porch: May be covered; All sides shall be at least 50% open. Intent: To promote elements which provide for street activation. PRIMARY STREET Encroachment Not to Scale. Illustrative Only. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts 8 and minimum of 1 between right-of-way and first riser of abovegrade stairway 5 and minimum of 1 between right-ofway and first riser of above-grade stairway Not allowed 5 Primary Street Setback Rear Setback PRIMARY STREET Encroachment Illustrative only EncroachmentNot to Scale. Illustrative Only. Amendment: 7 7.3-31

Projecting Windows: Shall be a minimum of 1.5 above finished floor; Shall not extend floor to ceiling; and No individual projection shall be more than 10 in horizontal length at the opening along the face of the building. Intent: To allow for improved interior daylighting. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback Maximum Extension 1.5 1.5 Not allowed 1.5 Rear Setback Max Length Side Setback Encroachment Side Setback Illustrative only Shading devices: building elements, such as awnings, designed and intended to control light entering a building Intent: To allow for elements either integral or attached to a building which control light entering through windows. PRIMARY STREET Encroachment Not to Scale. Illustrative Only. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts 5 3 3 10 ALLEY Primary Street Setback Encroachment Side Setback Rear Setback PRIMARY STREET Encroachment Illustrative only Not to Scale. Illustrative Only. 7.3-32 Amendment: 7

2. Site Elements To allow for minor screening and parking elements while maintaining an open and unobstructed setback space. Fences and Walls Surface Parking ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR See Article 10, Division 10.5 Landscaping, Fences, Walls and Screening Not 3. Service & Utility Elements To allow for minor service and utility elements while maintaining an open and unobstructed setback space. Barrier-free access ramps where no alternative locations and ramps are designed to be compatible with the character of the building, as determined by the Zoning Administrator Intent: To provide flexibility in the location of required barrier-free access to buildings. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Any distance Any distance Any distance Any distance Rear Setback Primary Street Setback Illustrative only PRIMARY STREET Encroachment Side Setback Encroachment Not to Scale. Illustrative Only. Amendment: 7 7.3-33

Basketball goals on a fixed post ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Any distance Any distance Any distance Any distance Rear Setback Side Setback Side Setback Primary Street Setback PRIMARY STREET Encroachment Encroachment Encroachment Not to Scale. Illustrative Only. Enclosed structure that is below the original grade and completely underground, of any setback space, except as otherwise restricted by this Code Intent: To allow below grade structures that do not disrupt the streetscape. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback Any distance Any distance Any distance Any distance Encroachment PRIMARY STREET Not to Scale. Illustrative Only. 7.3-34 Amendment: 7

Gas and electric meters Intent: To allow for functional siting. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts 1.5 1.5 1.5 1.5 Primary Street Setback PRIMARY STREET Encroachment Side Setback Encroachment Rear Setback Not to Scale. Illustrative Only. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR Ground mounted air conditioning units or other similar mechanical equipment, except evaporative coolers, provided the following are all met: All C- Zone Districts Not allowed 3 ; subject to Zoning Permit Review with Informational Notice 3 ; subject to Zoning Permit Review with Informational Notice 3 ; subject to Zoning Permit Review with Informational Notice 1. Does not generate more than 75 decibels of ambient sound according to the manufacturer s specifications and does not exceed the noise standards of Section 36-6 of the DRMC; 2. Does not exceed 4 in height or 10 square feet in area per unit; 3. Does not exceed 2 units per zone lot; 4. Has adequate screening to conceal it from view from adjacent properties and public rights-of way by means of landscaping and/or fencing; and 5. The location of the unit(s) minimizes the impacts on adjoining properties. Intent: To allow for functional siting. Primary Street Setback Rear Setback Side Setback Encroachment ZPIN Side Setback Encroachment ZPIN PRIMARY STREET Not to Scale. Illustrative Only. Amendment: 7 7.3-35

Ground mounted evaporative coolers located behind the front of the primary structure and screened from adjacent properties and public rights-of-way, and not to exceed the noise standards of D.R.M.C. Section 36-6 Intent: To allow for functional siting. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback Not allowed 3 3 Rear Setback Side Setback Encroachment Not allowed Side Setback PRIMARY STREET Not to Scale. Illustrative Only. Outside stairways, including landing(s) which do not exceed the minimum required dimensions for a landing as defined in the Denver Building And Fire Code and excluding abovegrade walkways Intent: To provide for emergency egress from a building ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts 5 3 3 10 Encroachment Rear Setback PRIMARY STREET Illustrative only Side Setback Encroachment Primary Street Setback Not to Scale. Illustrative Only. 7.3-36 Amendment: 7

Pedestrian Bridge where the encroachment is necessary to complete a connection for access to a mass transit station, provided Public Works has approved a right-of-way encumbrance. Shall not include elevators, stairways or other vertical circulation elements. Intent: To allow for above-grade connections to and from transit stations ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Any distance Any distance Any distance Side Setback Any distance Primary Street Setback Rear Setback Encroachment Side Setback PRIMARY STREET Illustrative only Encroachment Not to Scale. Illustrative Only. Solar Panel, Flush Mounted Roof Intent: To allow flush mounted solar panels on the roof of existing structures which may not meet a required minimum setback. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Any distance Any distance Any distance Any distance Setback Illustrative only Encroachment Not to Scale. Illustrative Only. Amendment: 7 7.3-37

Utility pedestals, transformers or other similar equipment, excluding mechanical equipment: Shall not exceed 3 in height. Intent: To allow for functional siting. ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback Any distance Any distance Any distance Rear Setback Side Setback Encroachment Any distance Side Setback Encroachment PRIMARY STREET Encroachment Not to Scale. Illustrative Only. Window well and/or emergency basement egress areas: Shall meet the provisions of Division 10.6 Site Grading Standards and Division 10.5, Section 10.5.5 Fences and Walls; Shall be below grade. Intent: To allow for emergency egress ZONE DISTRICTS PRIMARY STREET SIDE INTERIOR REAR All C- Zone Districts Primary Street Setback Any distance for any width Rear Setback Each may be no more than 3 in width as measured perpendicular to the side interior/ side street zone lot line and 4 in length as measured parallel to the side interior/side street zone lot line Side Setback Encroachment Any distance for any width Side Setback Encroachment Illustrative only PRIMARY STREET Encroachment Not to Scale. Illustrative Only. 7.3-38 Amendment: 5, 7