DATE: October 13, 2025

TO: City of Lamar Council and Planning and Zoning Commission 

FROM: Michael Yerman, Senior Planner

SUBJECT: Chapter 30 Zoning Code Updates

Background:

MY Rural Planner (MYRP) was hired to assist the City of Lamar with a Comprehensive Chapter 30 Zoning Code Update. The City’s zoning code had not been substantially updated in over 20 years and many new uses, construction techniques, development trends, and business friendly processes needed updates to promote the continued economic development and revitalization of the City’s housing and commercial districts.

At the onset of the code update process the City Council provided the following goals for the update:

• Create business friendly development processes
• Easy to understand code and tables
• Promote economic development
• Allow for housing diversity
• Eliminate codes that create existing uses as nonconforming
• Promote infill development and rehabilitation projects
• Support historic preservation and Main Street development
• Protect existing entitlements and existing property rights

The Planning and Zoning Commission spent over three months reviewing the updates to Chapter 30 Zoning. The Planning and Zoning Commission has dedicated considerable time to providing feedback and insight on the Zoning code update. The Planning and Zoning Commission made a formal recommendation for the adoption of the Chapter 30 Zoning Code on September 17, 2025, to the City Council.

This memo is intended to guide highlight changes in each Article and provide an executive summary of proposed changes.

Executive Summary of Zoning Code Amendments:

 Article I. In General:

The current code had several key definitions that were missing or needed updated. Please review the following definitions contained in Section 30-6 for exact wording. The text summarizes the rationale for the proposed change or addition of the new definition.

• Accessory Dwelling- Also known as ADUs, these accessory structures have become a critical component adding to the City’s rental housing stock. These units provide homeowners with the ability to earn additional rental income while providing new housing within the City. Also, with the City’s trending aging population, these units can be built with seniors in mind allowing homeowners to age in place on their own property or take care of aging parents or relatives.
• Affordable Housing Unit- This is a new statutory definition to meet the requirements of the State of Colorado Proposition 123 funding program.
• Home Occupation/Home Business- The update provides clarity on the differences of the intensity of use of these two uses. Since these uses exist in residential areas, home businesses have additional standards to ensure neighborhood compatibility.
• Landscaping- This is a general definition to add landscaping expectations required with new development.
• Lot Coverage- This term was added to ensure that new development matches the massing and scale of the City’s existing neighborhoods.
• Mobile Home/Mobile Home Park- These terms are updated to new industry standards and certifications.
• Modular Home- This was updated to ensure permanent foundations and to assist with best practice lending for future home loans.
• Townhouse- This definition clarifies the requirements for a unit to be split including fire wall requirements.

Article II. Administration, Development Applications, and Amendments:

This Article had several important updates to ensure important processes for development are clearly defined. These processes are standard procedures found in almost all zoning codes. This Article also now has detailed procedures for how to file a development permit and required submittal items. This should assist the building community in providing clear information on what is expected. Please review the following sections:

• 30-8 Zoning Development Applications- This outlines the requirements for builders or developers and requires plan documentation for approval.
• 30-9 Public Notice requirements- These requirements were updated to ensure transparency and notice to surrounding property owners.
• 30-11 Amendments- This section was added to provide guidance and process for rezoning or future text amendments of Chapter 30.  
• 30-19 Appeals- This section clarifies the process for a variety of appeals and requirements for the submittal of a formal appeal. Table A provides an easy-to-understand process for the board responsible for conducting appeal hearings.

Article III. Zone District Regulations:

This Article is the biggest change from the old zoning code to this update. The big updates are the four tables created in this section. The Dimensional Tables B & C simplify the site development requirements into two tables defining things like setbacks, lot coverage, building heights etc. for Commercial and Residential Zones. This update was recommended following the Council’s goal of making the City more development friendly.

Tables C & D are “Use Tables” defining Permitted “P”, Conditional “C”, and Not Permitted “N” uses for both the Commercial and Residential zone districts. Conditional use procedures were added and now replace Special Exemption procedures from the previous code. The conditional use procedures allow the Planning and Zoning Commission to take action on developments and apply conditions to protect neighborhoods, reduce traffic impacts, or other considerations raised at the required public hearing.

Beyond the use table there are clearly defined Review standards for particular uses. Section 30-23, starting on page 25, is an important section for uses that require additional documentation because of potential impacts or state regulations. In particular, MYRP would call out the following for the public to review:

• Accessory Dwelling Units
• Short Term Rentals
• Recreational Vehicle Parks and Campgrounds
• Mobile Homes and Mobile Home parks

This Article also includes the non-conforming use provisions from the past code. These remain the same and are now found in this Article.

Article IV. Zoning Overlay Districts and Planned Unit Development:

This Article is consistent with the old code and requirements for the Flood Plain, Adult Businesses, and Planned Unit Developments are found here. No significant changes have been made from the previous code to these zones.

Article V. Supplementary District Regulations:

This Article has been updated to include updates to be business/development friendly for standards for 30-94 Fences, 30-99 Parking, and 30- 100 Landscaping regulations. These new sections create clear standards for designers and developers to follow.  

Article VI. Sign Regulations:

This Article is largely consistent with the old code. However, the biggest addition is setting maximum sign heights at 50’.  

Article VII. Appeal Procedures and Variances:

This Article allows members of the Planning and Zoning Commission to serve on the Board of Appeals and Adjustment. Recent issues with having quorums for public hearings have necessitated having the option to appoint the Planning and Zoning Commission to serve as the Board of Appeals and Adjustment. This will ensure applicants receive due process in a timely manner.

Article VIII. Administration, Enforcement, Nuisance and Penalties:

This Article has been condensed from various sections of the previous code. Also, at the request of the City Attorney, nuisance provisions and penalty sections have been updated.

Article IX. Vested Property Rights:

This Article is consistent with the requirements of the old code.   

Article X. Historic Preservation:

This Article is created from moving updated development code requirements for Historic Preservation from Chapter 2 to Chapter 30. This is a recent request to incorporate all development standards into one Chapter of the municipal code.