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OFFICIAL
346,045
1967
OFFICIAL
ZONING RE-
SOLUTION
Z O ICI I
X10 RESOL
FOR USE IN AREAS ZCNEO IN
T1 ON
WELD COUNTY, COLORADO
REVISED
AUGUST 31, 1967
C'ELO COUNTY PLJ:NI NG C11,76 SS Iffi
6,7e,960
a coi'//
I,
REVISED ON AUGUST 31, 1967, BY
BOARD OF COUNTY COMMISSIONERS
EDWARD L. DUNBAR
MARSHALL H. ANDERSON
Harold ANDERSON
VELD COUNTY PLANNING COMMISSION
J. BEN Nix
PRICE HOPKINS
JOHN WATSON
RONALD HEITMAN
LEONARD BARTELS
PHILIP BOWLES
BEAN, LAMONT AND MOBERG, PLANNING CONSULTANTS
DOROTH HILL, SECRETARY
PURP ISE
ZONING PROVIDES THE SAME TYPE OF COMMON SENSE DIVISION: Cr BUSINESS, RESIDEN-
TIAL, AND INDUSTRIAL AREAS THAT WE CREATE IN OUR OWN HOMES BY THE USE OF WALLS TO
SEPARATE LIVING, SLEEPING, WORKING, AND STORAGE AREAS. BY THE USE OF WELL ESTABLISH-
ED LEGAL PRINCIPLES, ZONING MAKES POSSIBLE THE SAFEGUARDING OF RESIDENTIAL AREAS -
BUSINESS AREAS ARE PROTECTED FOR DEVELOPMENT IN LOGICAL AREAS - AND INDUSTRIAL 01$-
TRICTS MAY BE PRESERVED IN LOCATIONS WITH GOOD ACCESS T.T HAIN TRAVEL ROUTES AND UTIL-
ITIES.
IN GENERAL, THE PUBLIC HEALTH, SAFETY AND WELFARE APE PROMOTED THROUGH
ZONING IN THE FOLLOWING WAYS:
(1 )
PROPERTY VALUES ARE PROTECTED SINCE USES WHICH WOULD LESSEN
ALLOWED IN AREAS WHERE CONFLICT WOULD OCCUR.
VALUES ARE NOT
(2) GROWTH POTENTIALITY IS INCREASED BY THE RESERVATION OF ADEQUATE LAND FOR ALL
(3)
USES .
ESTABLISHED BUSINESS AREAS ARE PROTECTED AGAINST THE INDISCRIMINATE DEVELOP-
MENT OF BUSINESS BUILDINGS WHEREVER VACANT OR CHEAP LAND EXISTS.
THE PUBLIC TAX BASE IS STABILIZED AND MAINTAINED.
LENDING INSTITUTIONS MAKE HIGHER LOANS IN AREAS PROTECTED BY ZONING.
INCREASED SAFETY AND CONSEQUENT LOWER FIRE INSURANCE RATES RESULT FROM THE
PREVENTION OF OVERCROWDING AND SEGREGATION OF HAZARDOUS USES.
(7) RESIDENTS ARE PROTECTED AGAINST LOSS CF LIGHT AND AIR DUE TO THE BULK ,'+D
PROXIMITY OF NEIGHBORING DEVELOPMENTS.
(8)
FIRE FIGHTING EFFICIENCY IS AIDED BY THE RESERVATION OF FRONT, SIDE AND REAR
YARDS.
( 9) PUBLIC HEALTH IS PROTECTED FROM DISEASES RESULTING FROM UNSANITARY, OVERCROM-
DED CONDITIONS.
(10)
STREET AND HIGHWAY CONGESTION, SAFETY AND CONSTRUCTION COSTS :APE INFLUENCED
BY OFF-STREET PARKING REQUIREMENTS, SPECIFICATIONS FOR ADEQUATE SIGHT DIS-
TANCE AT INTERSECTIONS, AND FRONT YARD AND SETBACK REQUIREMENTS.
UTILITY, SCHOOL, PARK AND OTHER PUBLIC REQUIREMENTS MAY BE MORE EFFICIENTLY
PROVIDED WHERE ZONING INDICATES FUTURE LAND USE AND DENSITI"5.
TABLE OF CONTENTS
SECTION PAGE
INTRODUCTION 1
PREFACE 2
DISTRICTS AND MAP I 3
APPLICATION OF REGULATIONS II 4
USE AND DENSITY 3CHEOULES III S
SIGNS IV 11
PARKING REQUIREMENTS V 12
✓UPPLEMENTARV REGULATIONS VI 13
NON-DONFORIING USES ANC BUILDINGS VII 17
AMENDMENTS VIII 18
BOARD OF ADJUSTMENT, VARIANCES IX 20
INTERPRETATION, VALIDITY, ENFORCEMENT X 22
VIOLATIONS AND PENALTIES XI 23
DEFINITIONS XII 24
REPEALS AND ENACTMENT XIII 3D
INTRODUCT I ON 1
THE ZONING OF SOME UNINCORPORATED AREAS IN IELD COUNTY, COLORADO, HAS BEEN
REQUESTED BY CERTAIN RESIDENTS IN ORDER TO PRESERVE THE VALUE OF THEIR PROPERTIES.
THESE INDIVIDUALS REALIZE THAT MINIMUM STANDARDS FOR NEW! DEVELOPMENT ARE ESSENTIAL,
IF MANY DESIRABLE FEATURES OF THE PRESENT COUNTY ARE TO BE PRESERVED. ALSO THESE
PROPERTY OWNERS WISH TO INSURE THEIR OWN INVESTMENTS BY HAVING SOME KNOWLEDGE OF FU-
TURE DEVELOPMENT TRENDS. !1S EXAMPLES, A NEW BUSINESS UNIT WILL WISH TO LOCATE WITH
GOOD ACCESS TO FUTURE HIGHWAY ROUTES AND AWAY FROM INDUSTRIAL NUISANCES, JUST AS A
NEW RESIDENTIAL DEVELOPMENT WILL DESIRE TO LOCATE AWAY FROM FLOOD HAZARDS AND WITH-
OUT CONFLICT FROM NORMAL BUSINESS EXPANSION.
IN ORDER TO ASSIST WITH THE ZONING OF VARIOUS AREAS WHICH ARE IN THE PATH OF
POPULATION EXPANSION IN MELD COUNTY, THE BOARD OF COUNTY COMMISSIONERS HAVE APPOINT-
ED A PLANNING COMMISSION. MEMBERS OF THIS ADVISORY BOARD, WHO SERVING WITHOUT PAY,
AID IN THE PREPARATION OF PLANS AND STANDARDS FOR FUTURE GROWTH. ONE OF THEIR RE--
SPONSIBILITES IS TO WORK WITH PROPERTY OWNERS IN AREAS WHERE AN INTEREST HAS BEEN
EXPRESSED FOR ZONING.
THE TERMS OF THIS SUGGESTED ZONING TEXT HAVE BEEN WRITTEN FOR THE SPECIAL RE-
QUIREMENTS OF (''ELO COUNTY. COMPLICATED, INVOLVED ZONING TERMS AND UNNECESSARY CROSS-
REFERENCES HAVE BEEN MINIMIZED IN ORDER FOR RESIDENTS TO EASILY DETERMINE HOW THE
PROPOSED LAW WOULD OPERATE. 4IEREVER APPLICABLE, PROVISIONS OF THE CITY OF GREELEY
ZONING ORDINANCE HAVE BEEN USED, SO THAT UNNECESSARY CONFUSION OF TERMS MAY SE AVOI-
DED.
FURTHER INFORMATION MAY BE OBTAINED 3Y CONTACTING MEMBERS OF THE 1'ICLD COUNTY
PLANNING COMMISSION OR OTHER PROPERTY OWNERS WHO HAVE BEEN APPOINTED ON SPECIAL AD-
VISORY ZONING COMMITTEES.
PREFACE 2
A IESOLUT ICN ESTABLISHING LAND USE ZOING WITHIN CERTAIN UNINCORPORATED ZON-
ING AREAS IN 'JELD COUNTY, COLORADO; ADOPT INC NAPS Cr SAID AREAS ",ND ZCN ING DISTRICTS
THEREIN; REGULATING THE USE Of THE LAND AND THE USE, SETBACK, LOT AREA, LOT WIDTH,
YARDS, AND HEIGHT CF BUILDING; FR OVID INC FIR THE ADJUSTMENT, ENFORCEMENT AND AMEND-
MENT THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PRESCRIBING PENALTIES FOR THE
VI OLAT I IN OF ITS PROVI SI INS; AND REPEALING ALL RESCLUTI CNS IN CONFLICT HERER I TH.
BE IT RESOLVED BY THE BOARD CF COUNTY COMM ISSIENERS OF THE COUNTY OF MELD:
THAT THIS RESOLUT ION SHALL APPLY TO THE UN INCORPORATED AREAS WITHIN THE COUN-
TY CF WELD, STATE CF COLORADO, AS INDICATED ON THE OFFICIALLY ADOPTED ZONING UPS CF
C CL GRAD O.
DISTRICTS AND L1 i P 3
1 .1
SECTION
ESTABLISHMENT OF DISTRICTS
IN ORDER TO CARRY OUT THE PROVISIONS OF THIS RESOLUTION THERE ARE HERE-
SY CREATED AND ESTABLISHED IN WELD COUNTY, COLORADO, THE FOLLOWING CLASSIFI-
CATIONS FOR ZONING DISTRICTS:
A -- AGRICULTURAL DISTRICT
A-1 - AGRICULTURAL DISTRICT
- ESTATE DISTRICT
-- RESIDENTIAL DISTRICT
H - HIGH DENSITY RESIDENTIAL DISTRICT
MH - MOBILE HOME DISTRICT
T - TRANSITIONAL DISTRICT
B - BUSINESS DISTRICT
C - COMMERCIAL DISTRICT
I - INDUSTRIAL DISTRICT
S - SCIENTIFIC DISTRICT
1.2 ZONING MAP
THE BOUNDARIES AND ZONING CLASSIFICATIONS OF DISTRICTS HEREBY ESTABLISH-
ED ARE AS SHOWN ON OFFICIAL ZONING MAPS FOR AREAS WITHIN WELD COUNTY AS ADOP-
TED OR AMENDED AFTER PUBLIC HEARINGS BY THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY. SUCH MAPS AND ALL NOTATIONS, REFERENCES, DATA AND OTHER INFOR-
MATION SHOWN THEREON APE SY REFERENCE HEREBY MADE A PART OF THIS RESOLUTION.
IN THE EVENT UNCERTAINTY SHALL BE DEEMED TO EXIST ON THE OFFICIAL ZON-
ING MAPS, DISTRICT BOUNDARIES SHALL BE ON SECTION LINES; LOT LINES; THE CEN-
TER LINES OF HIG14 AYS, STREETS, ALLEYS, RAILROAD RIGHT OF WAYS, OR SUCH LINES
EXTENDED; 7^UNICIPAL CORPORATE LINES; NATURAL BOUNDARY LINES, SUCH AS
STREAMS OR LAKES; OR OTHER LINES TO BE DETERMINED BY THE BOARD OF ADJUSTMENT
WHERE UNCERTAINTY 'Nil, EXIST.
V,HE°E A LOT IS DIVIDED BY A ZONING DISTRICT BOUNDARY LINE AT THE TIME
OF ENACTMENT CF THIS RESOLUTI^N OR BY SUBSEQUENT AMENDMENTS, THE LESS REST-
RICTIVE ZONING REQUIREMENTS MAY BE EXTENDED WITHIN THE LOT INTO THE MORE RE-
STRICTIVE ZONING DISTRICT FOR A DISTANCE OF NOT MORE THAN 50 FEET OR 10 FEET
FROM THE LOT LINE IN THE '.TORE RESTRICTIVE DISTRICT.
APPLICATION OF REGULATIONS
SECTICN II
2.1 GENERAL APPLICATION
EXCEPT AS HEREIN AFTER OTHEAW ISE PROVIDED.
1.
I`NO BUILDING SHALL DE ERECTED AND NO EXISTING BUILDING SHALL BE NOVEJ;
ALTERED, ADDED TO OR ENLARGED, NOR SHALL ANY LAND, BUILDING, OR PREMISES
BE 'J3EG, DESIGNATED OR INTENDED TO SE USED FOR ANY PURPOSE OR IN ANY
MANNER OTHER THAN IS INCLUDED AWNS THE USES HEREINAFTER LISTED AS PER-
MITTED IN THE DISTRICT IN WHICH SUCH BUILDING, LAND OR PREMISES IS LO-
CATED.
2. NO BUILDING SHALL BE ERECTED, RECONSTRUCTED OR STRUCTURALLY ALTERED TO
EXCEED IN HEIGHT THE LIMIT HEREINAFTER DESIGNATED FOR THE DISTRICTS IN
WHICH SUCH BUILDING IS LOCATED..
3. NO BUILDING SHALL BE ERECTED, NOR SHALL ANY EXISTING BUILDING 8E ALTER-
ED, ENLARGED OR REBUILT, NOR SHALL ANY OPEN SPACE SURROUNDING ANY SUP. -
DING 8E ENCROACHED UPON OR REDUCED IN ANY MANNER, EXCEPT IN CONFORMITY
TO THE YARD, BUILDING SITE AREA AND BUILDING LOCATION REGULATIONS HERE-
INAFTER DESIGNATED FOR THE DISTRICT IN WHICH SUCH BUILDING OR OPEN SPAC=
IS LOCATED.
4. NO YARD OR OTHER OPEN SPACE PROVIDED ABOUT ANY BUILDING FOR THE PURPCE
OF COMPLYING WITH PROVISIONS OF THIS RESOLUTION SHALL BE CONSIDERED A
PROVIDING A YARD CR OTHER OPEN SPACE FOR ANY OTHER BUILDING, AND NO
YARD OR OTHER OPEN SPACE CN ONE LOT SHALL BE CONSIDERED AS PROVIDING A
YARD OR OPEN SPACE FOR A BUILDING ON ANY OTHER LOT.
2.2 EXISTING BUILDINGS
THE REGULATIONS CONTAINED HEREIN APE NOT RETROACTIVE IN THEIR APPLIC.;
TION TO EXISTING BUILDINGS.
USE ,iN O O E 'd S I T Y S C H E O U L E S 5
SECTI!N III
3.1 REFERE1cCE
THE FCLLO;'ING SCHEDULES OF REGULATIONS APPLYING Tm THE USE OF THE LAND,
AND THE USE, LOT AREA, LOT WIDTH, HEIGHT, YARDS,. SETBACK AND FLOOR AREA OF
AND ABOUT BUILDINGS, ANO ALL OTHER MATTERS CONTAINED HEREIN, AS INDICATED FOR
THE VARIOUS DISTRICTS ESTABLISHED OY THIS RESOLUTION, ARE HEREBY ADOPTED AND
DECLARED TO BE A PART OF THIS RESOLUTION, AID?O 'SAY BE AMENDED IN THE SAE MAN-
NER AS ANY OTHER PAPT OF THIS RESOLUTION. '}': REGULATIONS LISTED FOR EACH
DISTRICT AS DESIGNATED READ EITHER FR(O': LEFT TO RIGHT OR TOP TO BOTTOM OF EACH
SCHEDULE.
3.2 LISTIMl OF USES
THE LISTING OF ANY USE IN SAID SCHEDULE AS BEING PERMITTED IN ANY PAR-
TICULAR DISTRICT SHALL BE DEEMED TO BE AN EXCLUSION OF SUCH USE FROM A MORE
RESTRICTED DISTRICT, UNLESS SUCH USE IS SPECIFICALLY PERMITTED IN THE MORE
RESTRICTED DISTRICT UNDER THE LANGUAGE SET FORTH IN THE SCHEDULE.
3.3 UsEs PERMITTED IN TH= "A°r AGRICULTURAL DISTRICT
(i )
(2)
(3)
ALL USES P=R'AITTED IN THE °E", ESTATE DISTRICT AS STATED THEREFORE;
AIRPORTS;
CATTLE FEEDING AND THE RAISING OF FOWLS, RABBITS, HOGS AND OTHER ANI-
MALS FOR COMMERCIAL USE, PROVIDED EACH OF THE FOLLOWING CONDITIONS IS
F1ET:
(A)
CSa4.1ERCIAL FEED YARD' SHALL ,E LOCATED AT LEAST 660 FEET FROM ANY
RESIDENCE ON ANOTHER LOT, FRO1 ANY PUBLIC PLACE OF ASSEMBLY, AND
F'IOF1 ANY E, R, H, i;'H, T, 8 OR S ZONING DISTRICT BOUNDARY LINE;
(B) COMMERCIAL FEED YARDS -HALL BE LiCATFS AT LEAST 660 FEET FROM ANY
STATE OR FEDERAL HIGHWAY RIGHT OF FAY; AND
(c) ALL SUCH USES SHALL BE APPROVED AS TO LOCATION BY THE 1oARD OF
COUNTY COMMISSIONERS.
CEMETERIES;
CULTIVATION, STORAGE AND SALE OF CROPS, VEGETABLES, PLANTS, FLOWERS AND
!Iu:iSERY STOCK PRODUCED ON THE PRE!".ISES; AMD•-TE"PORARY..STO'RAGE IN TRANS-
IT OF CROPS-NCT PAISED:ON THE-F•I.E"I E3=:,•ID NOT FOR SALE ON SAID PREMISES':
FAIRGROUNDS;
GRANGE HALLS;
`GRAVEL PITS, QUARRIES AND OPENING MINING OPERATIONS SUBJECT TO APPROVAL
AS TO LCC%• T I ON BY THE :.•ELD COUNTY PLANNING COMMISSION AND SUBJECT TO THE
SPECIAL PR`VISIONS OF SECTION VI, SUPPLEMENTARY REGULATIONS, PARAGRAPH
6.1, USES PERMITTED, SUB -HEADING (3).
OIL DRILLING FACILITIES;
PLACES SERVING FOOD OR BEVERAGE:.;
STUD 1081
THEATRES.
USE AND OEW I T Y SCHEDULES
3.3-A USES PERMITTED IN THE "A-1", AGRICULTURAL DISTRICT
(1)
(2)
6
ALL USES PERMITTED IN THE "A", AGRICULTURAL DISTRICT AS STATED THERE-
FORE, EXCEPT ITEM 3.3 (3);
ANY NON-COMMERCIAL FEEDING OPERATION IN CONJUNCTION WITH A FARMING OP-
ERATION PPOVIOING THE FOLLOWING CONDITIONS ARE MET:
FEED YARDS SHALL BE CONSTRUCTED OR EXPANDED AT LEAST 660 FEET
FROM ANY ncsiocricE ON ANOTHER LOT, FROM ANY PUBLIC PLACE OF AS-
SEMBLY, AND FROM ANY E, R, H, :?H, T, B OR S ZONING DISTRICT BOUN-
DARY LINE;
ALL FEED LOTS, NOT IN CONJUNCTION WITH A FARMSTEAD, SHALL BE LO-
CATED AT LEAST 650 FEET FROM ANY STATE OR FEDERAL HIGHWAY RIGHT
OF WAY; AND
THE FEEDING OPERATION SHALL BE CONDUCTED BY THE FARM OPERATOR.
3,4 USES PERMITTED IN THE "E". ESTATE LISTRICT
(1)
(2)
(3)
CHURCHES AND CHURCH SCHOOLS;
CROP, GRAZING, ORCHARD AND GARDEN USES;
FARM, RANCH, AND GARDEN BUILDINGS AND USES . . PROVIDED COMMERCIAL
FEED YARDS OR KENNELS ARE NOT MAINTAINED;
ONE -FAMILY DWELLINGS;
PUBLIC PARKS, PLAYGROUNDS, AND OTHER PUBLIC RECREATION AREAS OWNED AND
OPERATED BY A GOVERNMENTAL OR OTHER NON-PROFIT AGENCY;
PUBLIC SCHOOLS;
PUBLIC UTILITY MAINS, LINES AND SUBSTATIONS . . WHERE NO PUBLIC OFFICE
AND NO OEPAIR OR STORAGE FACILITIES ARE MAINTAINED;
SPECIAL ACCESSORY USES, BHICH ARE NATURALLY AND NORMALLY INCIDENTAL TO,
SUBORDINATE TO AND DEVOTED EXCLUSIVELY TO THE MAIN USE OF THE PREMISES
AND INCLUDING (BUT NOT CONFINED TO) PRIVATE GARAGES, INCINERATORS, IDEN-
TIFICATION SIGNS, HOME OCCUPATIONS, AND PRIVATE SWIMMING POOLS.
3,5 USES PERMITTED IN THE "P". RESIDENTIAL DISTRICT
(1 ) ALL USES PERMITTED IN THE "'-", ESTATE DISTRICT AS STATED THEREFORE.
3.6 USES PERMITTED IN THE "H", HIGH DENSITY RESIDENTIAL DISTRICT
ALL USES PERMITTED IN THE "R", RESIDENTIAL DISTRICT AS STATED THEREFORE:
BOA C!G AND ROOMING HOUSES)
COLLEGES AND PRIVATE SCHOOLS:
DORMITORIES, SORORITY AND FRATERNITY HOUSES;
HOSPITALS, REST HOMES, CONVALESCENT H0'ES, AND NURSING HOSES;
MULTI -FAMILY DWELLINGS;
PRE-SCHOOL AGE NURSERIES;
TWO-FAMILY DWELLINGS.
USE AND DEN S I T Y SCHEDULES 7
3.6-A USES PERMITTED IN THE "NH". MOBILE HOME DISTRICT
(1 ) MOBILE HOME SUBDIVISIONS AND INDEPENDENT MOBILE HOMES (OUTSIDE SUBDIVISIONS
OR MOBILE HOME PARKS) PROVIDED THE FOLLOWING CONDITIONS ARE MET:
(2)
THE MINIMUM LOT AREA AND MINIMUM SETBACKS PER MOBILE HOME SHALL BE THE
SAME AS REQUIRED FOR A DWELLING IN THE "R" RESIDENTIAL DISTRICT;
THE SUBDIVISIONS SHALL CONFORM TO ALL REQUIREMENTS OF THE SUBDIVISION
REGULATIONS OF i`ELD COUNTY; AND
EACH MOBILE HOME, ::'NETHER IT IS A PART OF A SUBDIVISION OR NOT, SHALL
BE REQUIRED TO MEET THE STANDARDS OF THE MOBILE HOME AND MOBILE HOME
PARK ;EGULATIONS OF "ELD COUNTY REGARDING "WATER SUPPLY," "SEI:'ERAGE
DISPOSAL," "REFUSE DISPOSAL," "ELECTRICTY," "r4JEL," •AND'"ALTERATIONS
A D ADDITIONS."
MOBILE HOME PARRS, INCLUDING ACCESSORY BUILDINGS AND USES FOR SERVICE AND
RECREATION, PROVIDED EACH MOBILE HOME PARK IS CONSTRUCTED ACCORDING TO THE
MOBILE HOME PARK REGULATIONS OF I'IELD COUNTY.
3.7 USES PERMITTED IN THE "T", TRANSITIONAL U1STRICT
ALL USES PERMITTED IN THE "H", HIGH DENSITY RESIDENTIAL DISTRICT AS STATED
THEREFORE;
CULTIVATION, STORAGE AND SALE OF CROPS, VEGETABLES, PLANTS, FLOWERS AND
NURSERY STOCK PRODUCED ON THE PREMISES;
MEDICAL AND DENTAL CLINICS;
MEMBERSHIP CLUBS;
MOTELS AND HOTELS;
PROFESSIONAL OFFICES;
TOURIST HOMES;
UNDERTAKING ESTABLISHMENTS.
3.8 USES PERMITTED IN THE "B", BUSINESS DISTRICT
ALL USES PERMITTED IN THE "T", TRANSITIONAL DISTRICT AS STATED THEREFORE;
AUTOMOBILE PARKING AREAS;
BANKS;
GASOLINE SERVICE STATIONS;
OFFICES;
PERSONAL SERVICE SHOPS;
PLACES FOR THE CONDUCT OF ANY RESTRICTED RETAIL BUSINESS NOT OFA COMMERCIAL,
INDUSTRIAL OR MANUFACTURING NATURE;
PLACES OF AMUSEMENT OR RECREATION;
PLACES OF ASSEMBLY;
PLACES SERVING FOOD OR BEVERAGES;
STUDIOS;
THEATRES.
USE AND DEN S I T Y S C H E D U L E o B
3.9 USES PERMITTED IN THE "C",
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15
Do)
(17)
(18)
(19)
(20)
(21)
(22)
COMMERCIAL DISTRICT
ALL USES PERMITTED IN THE "B", BUSINESS DISTRICT AS STATED THEREFORE;
AUTOMOBILE REPAIR SHOPS;
BAKERIES;
BOTTLING WORKS;
BUILDERS' SUPPLY YARDS, SALE OF CEMENT AND CONCRETE PRODUCTS, AND LUM-
BER YARDS;
CABINET MAKING AND CARPENTER SHOPS;
CLEANING AND DYEING ESTABLISHMENTS;
DAIRY PROCESSING AND DISTRIBUTION PLANTS;
rfwZEN FOOD LOCKERS;
ICE AND COLD STORAGE PLANTS;
LAUNDRIES;
MACHINE SHOPS;
MANUFACTURE OF HANDICRAFT PRODUCTS;
PLACES FOR THE CONDUCT OF ANY COMMERCIAL, OR WHOLESALE ACTIVITY --- NOT
OF AN INDUSTRIAL OR MANUFACTURING NATURE;
PLUMBING SHOPS;
PRINTING AND PUBLISHING ESTABLISHMENTS;
ROOFING SHOPS;
STORAGE WAREHOUSES; STORAGE OF OIL, GASOLINE AND PETROLEUM PRODUCTS;
TIN SHOPS;
UPHOLSTERY SHOPS;
USED CAR LOTS;
VETERINARY HOSPITALS.
3.10 USES PERMITTED IN T`'E "I-. INDUSTRIAL DISTRICT
ALL USES PER TTED IN THE "C". COMMERCIAL DISTRICT AS STATED THEREFORE;
EXCEPT THAT I L USES SPECIFICALLY LISTED IN THE "H", HIGH DENSITY RES-
IDENTIAL DISTRICT AND IN THE "T", TRANSITIONAL DISTRICT SHALL NOT BE
PERMITTED IN :HE 'I", INDUSTRIAL DISTRICT;
THE FOLLOWING OPERAT IONS SHALL HAVE THE APPROVAL OF THE BOARD OF COUNTY
COiNISS IONERS:
(A)
(a)
�D;
ANY INDUSTRIAL OR MANUFACTURING OPERATION;
JUNK YARDS AND SALVAGE YARDS;
SANITARY LAND FILL AND DUMPING OPERATIONS;
SLAUGHTER HOUSES AND PACKING HOUSES.
3.11 USES PERMITTED IN THE "S". SCIENTIFIC DISTRICT
(1)
(2)
ALL USES PER ITTED IN THE "E", ESTATE DISTRICT AS STATED THEREFORE;
ANY KIND OF SCIENTIFIC, RESEARCH, MANUFACTURING, COMPOUNDING, ASSEMBL-
ING, PROCESSING OP TREATMENT OF PRODUCTS OR EXPERIMENTAL MATERIAL . . .
PROVIDED THE FOLLOWING LIMITATIONS ARE PLACED ON ALL SUCH USES:
(c)
U& E AND DENSITY S C H E D U L E& 9
3.11 UsE PERvITTED IN THE '.S", SCIENTIFIC DISTRICT (CONTINUED)
ALL PERMITTED USES SHALL 3E OPERATED ENTIRELY WITHIN AN ENCLOSED
STRUCTURE;
DUST, FUMES, ODORS, REFUSE ;LATTER, SMOKE, VAPOR, NOISE, LIGHTS,
AND VIBRATION SHALL BE CONFINED TO THE PREMISES OF THE LOT UPON
CNI CH SUCH USE IS LOCATED, AND
TRAVEL AND PARKING PORTIONS OF THE LOT SHALL BE SURFACED WITH AS-
PHALT, CONCRETE OR EQUIVALENT PAVING.
3.12 PERI.IITTED USES IN ALL ZCNING DISTRICTS SHALL COMPLY 171 TH THE FOLLOVING SCHED-
ULE FOR LIE';IOUM SETBACK CF BUILDINGS, 1+INIMUP LOT %REA PER PRINCIPAL USE AND
THE MININUM LCT 0IDTH PER PRINCIPAL USE.
DISTRICT
MINIMUM MINIP'UM MINIMUM SETBCK
LOT AREA (1) LOT 010TH (FEET FROM THE FRONT)
(3Q. FEET) (FEET) LOT LINE
A 40,000 180
A-1 40,000 180
E 13,000 90
R 13,000 60
ALTERNATE S 6,500 60
H 13,000 60
ALTERNATE 5 6,500 60
?H 5 ACRES 330
(1,1021 LE HOME PARK ONLY)
T 13,000 60
ALTERNATE S 6,500 60
B • i
I • •
S 40,00 180
50
50
20
20
20
25
25
25
25
25
25
LARGER LOT AREAS MAY BE REQUIRED EY THE 'OLD COUNTY HEALTH DEPARTMENT WHERE
SOIL CONDITIONS AND PERCOLATION TESTS INDICATE THAT LEACHING FIELDS FROM A
SEPTIC TANK REQUIRE ADDITIONAL SPACE. SUCH PERCOLATION TESTS SHALL BE CON-
DUCTED WHEREVER A LOT IS NOT CONNECTED TO A PUBLIC SEWERAGE SYSTEM.
"ALTERNATE S" MEANS THAT THE DWELLING IS CONNECTED TO A PUBLIC SEWERAGE SYSTEM ANO
TO A PUBLIC WATER SYSTEM.
• DUE TO VARYING REQUIREMENTS, MINIMUM STANDARDS SHALL BE ESTABLISHED FOR EACH USE
BY THE 9ELD COUNTY HEALTH DEPARTMENT.
USE AND DENSITY SCHEDULES 10
3.13 PERIITTED USES IN 'LL ZrNINC DISTRICTS SHALL COMPLY MTH THE FOLLOI"ING SCHED-
ULE FOR t.`;IN1'1UL: SIDE YARDS, MINI"U" REAR YARDS AND MAXIMUM HEIGHT OF BUILD-
INGS:
DISTRICT
A
A-1
E
R
H
MH
T
B
C
I INlMUM
EIDE YARDS (1)
(EACH YC:+ D IN FEET)
NE NO REQUIREMENT
(1)
NR
NR
20
10
10
10
5
NR
NR
NR
10
MINIMUM
REAR YARD (2)
(FELT)
NR
NR
20
20
20
20
20
20
20
20
20
MAXIMUM HEIGHT CF
BUILDINGS
(FEET)
NR
NR
40
40
40
40
40
40
40
NR
40
THE MINIMUM 810E YARD ALONG A STREET ON A CORNER LOT SHALL BE THE SAME AS THE
FRONT SETBACK REQUIREMENT FOR SUCH ZONE.
(2 ) THE MINIMUM REAR YARD MAY BE MEASUR""0 TO THE CENTER LINE OF AN ALLEY WHERE AN
ALLEY ABUTS THE REAR LOT LINE.
SIGNS 11
SECTION IV
SIGNS SHALL BE PERMITTED IN THE VARIOUS ZONING DISTRICTS ACCORDING TO THE FOLLOWING
REGULATIONS:
4.1 SIGNS IN THE E. R. H AND NH DISTRICTS
(1) ONE IDENTIFICATION SIGN PER PRINCIPAL USE SUBJECT TO THE FOLLOWING:
USE
A. 11 AND 2f 2 SQ. FT.
B. NE AND MH PARK 16 SQ. FT.
C. PUBLIC AND SEMI-PUBLIC USES 32 SQ. FT.
(1 SIGN FOR EACH STREET FRONTAGE)
(2) LIGHTING OF SIGNS SHALL BE BY INDIRECT ILLUMINATION ONLY.
(3) !"FOR SALE" SIGNS FOR INDIVIDUAL HOMES OR SUBDIVISIONS MAY BE ERECTED FORA PERIOD
NOT TO EXCEED ONE YEAR SUBJECT TO RENEWAL By THE PLANNING COMMISSION UPON RE-
QUEST. SUCH SIGNS SHALL NOT EXCEED 32 SQ. FT. IN AREA PER FACE.
4.2 SIGNS IN THE A AND Al DISTRICTS
(1) ALL SIGNS PERMITTED IN SECTION 4.1 SUBJECT TO THE REGULATIONS SPECIFIED.
(2) ONE IDENTIFICATION SIGN PER PRINCIPAL USE, PROVIDED THE SIGN DOES NOT EXCEED 16
SQ. FT. IN AREA PER FACE.
(3) OFF -SITE DIRECTIONAL SIGNS SUBJECT TO THE FOLLOWING DEFINITION AND CONDITIONS:
A. DIRECTIONAL SIGNS ARE SIGNS SITUATED ON THEER PREMISES THAN THOSE UPONWHICH
THE GOODS, SERVICES OR FUNCTIONS BEING ADVERTISED ARE LOCATED AND GIVING
GUIDANCE AS TO WHERE, HOW DISTANT, AND THE TYPE OF GOODS, SERVICES OR FUNC-
TIONS WHICH MAY BE OBTAINED.
B., SUCH SIGNS SHALL RELATE ONLY TO A SERVICE OR PRODUCT PRIMARILY AVAILABLEFOR
THE HIGHWAY USER (SUCH AS FOOD, LODGING, GAS, REPAIRS OR ENTERTAINMENT) AND
AVAILABLE WITHIN ONE MILE OF A HIGHWAY EXIT OR IN A COMMUNITY THROUGH WHICH
C. THE HIGHWAY PASSES.
D. MAXIMUM AREA PER FACE 150 SQ. FT.
E. MAXIMUM HEIGHT 30 FT.
F. MIMIMUM SETBACK FROM THE RIGHT OF WAY 50 FT.
G. MINIMUM SPACING BETWEEN SIGNS 500 FT.
H. SUCH SIGNS SHALL NOT BE LOCATED WITHIN 2,000 FT. OF AN EXIT OR EXTRANCE ROAD
ON A LIMITED ACCESS HIGHWAY.
SUCH SIGNS SHALL NOT BE PERMITTED WITHIN 300 FT. OF AN INTERSECTING ROAD,
SCENIC OR HISTORIC POINT, PUBLIC PARK, PLAYGROUND OR REST AREA.
4.3 SIGNS IN THE T AND S DISTRICTS
(1) ALL SIGNS PERMITTED IN SECTION 4.1 SUBJECT TO THE REGULATIONS SPECTIFIED.
(2) ONE IDENTIFICATION SIGN PER PRINCIPAL USE FOR EACH STREET ADJACENT TO THE PROP-
ERTY SUBJECT TO THE FOLLOWING:
A. MAXIMUM AREA PER FACE 60 FT.
B. MAXIMUM HEIGHTS 30 FT.
C. MINIMUM SETBACK FROM RIGHT OF WAY 25 FT.
ALL LIGHTING SHALL BE BY INDIRECT ILLUMINATION.
(3)
SIGNS 11-A
4.4 SIGNS IN THE B. C AND I DISTRICTS
(1) ALL SIGNS PERMITTED IN SECTION 4.1 SUBJECT TO THE REGULATIONS SPECIFIED.
(2) OFF -SITE DIRECTIONAL SIGNS AND ADVERTISING SIGNS AND BILLBOARDS SUBJECT TO THE
FOLLOWING:
(3)
A.
B.
C.
D.
IDENTIFICATION SIGNS SHALL BE PERMITTED AS ACCESSORY USES ACCORDING TO THE FOL-
LOWING:
A. MAXIMUM NUMBER PER PRINCIPAL AREA 2
B. MAXIMUM AREA PER FACE 150 SQ. FT.
C. MAXIMUM HEIGHT WHEN ADJACENT.TO INTERSTATE INTERCHANGES 45 FT.
. ALL OTHER AREAS 30 FT.
D. MINIMUM SETBACK FROM THE RIGHT OF WAY 15 FT.
E. WHEN ATTACHED TO A WALL BUT NOT ABOVE THE ROOF LINE, THERE IS NO LIMITATION
ON A SIGN USED ENTIRELY FOR IDENTIFICATION PURPOSES.
MAXIMUM AREA PER FACE 300 SQ. FT.
MAXIMUM HEIGHT 40 FT.
MINIMUM SETBACK FROM THE RIGHT OF WAY 25 FT.
MINIMUM SPACING NONE
4.5 GENERAL SIGN REQUIREMENTS
(1)
THE FOLLOWING SIGNS SHALL BE PROHIBITED IN ALL DISTRICTS:
A. MECHANICAL OR ELECTRICAL APPURTENANCES, SUCH AS "REVOLVING BEACONS" WHICH
ARE OBVIOUSLY DESIGNED JUST TO COMPEL ATTENTION.
B. FLASHING RED, GREEN OR AMBER SIGNS LOCATED WITHIN 500 FT. OF AN INTERSEC-
TION.
C. ANY SIGN LOCATED SO AS TO CONFLICT WITH THE CLEAR AND OBVIOUS APPEARANCE
OF PUBLIC DEVICES CONTROLLING PUBLIC TRAFFIC.
ALL SIGNS ERECTED IN A PUBLIC RIGHT OF WAY BY A PUBLIC AGENCY CONTROLLING OR DI-
RECTING TRAFFIC AND PRIVATE SIGNS USED EXCLUSIVELY TO DIRECT AUTOMOBILE TRAFFIC
ON PRIVATE PROPERTY SHALL BE EXEMPT FROM THE PROVISIONS OF THIS ORDINANCE.
AN ANNUAL PERMIT FOR ALL PERMITTED SIGNS SHALL BE OBTAINED IN THE WELD COUNTY
PLANNING OFFICE DURING THE MONTH OF JUNE.
PARK I N G REQUIREMENTS 12
SECTION V
5.2 DESCRIPTION OF SPACES
EACH OFF-STREET PARKING SPACE SHALL BE NOT LESS THAN 20 FEET WIDE AND 20 FEET LONG;
SHALL BE PROVIDED WITH VEHICULAR ACCESS TO A STREET OR ALLEY; SHALL BE SURFACED
WITH GRAVEL, ASPHALT, CONCRETE OR EQUIVALENT; SHALL BE PROPERLY DRAINED; AND SHALL
BE LOCATED WITHIN CONVENIENT WALKING DISTANCE OF THE PRINCIPAL BUILDING FOR WHICH
THE PARKING SPACE IS REQUIRED.
5.3 REDUCTION
No PART OF AN OFF-STREET PARKING SPACE REQUIRED FOR ANY BUILDING OR USE FOR THE
PURPOSE OF COMPLYING WITH THE PROVISIONS OF THIS RESOLUTION SHALL BE INCLUDED AS A
PART OF AN OFF-STREET PARKING SPACE SIMILARLY REQUIRED FOR ANOTHER BUILDING OR USE.
SUPPLEMENTARY REGULATIONS 13
SECTION VI
6.1 USES PERMITTED
(1 ) GENERAL IN ANY ZONING DISTRICT WHERE A BUILDING, STRUCTURE, OR
USE IS ENUMERATED, ANY OTHER BUILDING, STRUCTURE OR
USE WHICH IS SIMILAR TO THOSE ENUMERATED AND NOR MORE
OBNOXIOUS OR DETRIMENTAL TO THE AREA IN WHICH IT IS LO-
CATED, SHALL BE PERMITTED.
( 2 ) MOBILE HOMES MOBILE HOMES SHALL BE PERMITTED IN THE MH, MOBILE HOME
DISTRICT AS A USE By RIGHT AND IN THE A, Al, E, R AND
H DISTRICTS AS A USE BY SPECIAL REVIEW OF THE COUNTY
PLANNING COMMISSION. IN THE A AND Al DISTRICTS, MOBILE
HOMES MAY BE PERMITTED ON A PERMANENT BASIS AND IN THE
E, R AND H DISTRICTS FOR A PERIOD NOT EXCEEDING 18
MONTHS. BEFORE APPROVING A REQUEST(S) FOR AN INDIVID-
UAL MOBILE HOME LOCATION IN AN A, A1, E, R OR H DIS-
TRICT, A LETTER OF APPROVAL FROM THE FIELD COUNTY HEALTH
DEPARTMENT WILL BE NECESSARY AND A PUBLIC HEARING SHALL
BE HELD BY THE COUNTY PLANNING COMMISSION WITH THE SPE-
CIAL PROCEDURE FOR SUCH HEARING AS OUTLINED IN SECTION
8.2 OF THIS RESOLUTION FOLLOWED,
(3)
GRAVEL PIT, ETC.
BEFORE THE COUNTY PLANNING COMMISSION SHALL APPROVE A
SPECIAL REQUEST FOR THE LOCATION OFA GRAVEL FIT, QUARRY
OR OPEN MINING OPERATION IN ANY "A" OR I"A-1" AGRICUL-
TURAL DISTRICT, OR IN ANY "I" INDUSTRIAL DISTRICT THE
APPLICANT SHALL BE REQUIRED TO FURNISH THE FOLLOWING
INFORMATION:
(A) A REHABILITATION PLAN SHOWING HOW THE AREA WILL
BE RECLAIMED AFTER THE GRAVEL PIT, QUARRY CR OPEN
MINING OPERATION IS COMPLETED;
(B) A TIME SCHEDULE INDICATING WHEN STEPS FOR REHAB-
ILITATION WILL OCCUR AND TOTAL TIME PERIOD FOR
THE GRAVEL PIT, QUARRY OR MINING OPERATION; AND
(C) SUCH SPECIAL INFORMATION AS MAY BE REQUIRED BY
THE COUNTY PLANNING COMMISSION TO ASSURE FUTURE
COMPATIBILITY OF THE OPERATION WITH THE SURROUND-
ING AREA. SUCH INFORMATION MAY INCLUDE, BUT IS
NOT LIMITED TO, THE FOLLOWING:
1. A DESCRIPTION OF THE MEASURES TO BE TAKEN TO
BE SURE THAT STAGNANT WATER BODIES WILL NOT
BE CREATED;
2. THE SLOPES OF PROPOSED EXCAVATIONS;
3. PRECAUTIONS TO PROTECT EXISTING HOUSES,
DITCHES, ROADS OR OTHER IMPROVEMENTS ON AD-
JACENT PROPERTIES; AND
4. THE PROPOSED LOCATION OF FENCES TO DISCOURAGE
THE USE OF THE SITE BY NON -EMPLOYEES,
SUPPLE M E N T A R Y REGULi,T I O N S
14
6.2 MINIMUM LOT AREA AND MINIMUM LOT WIDTH
6.3
(1)
ESTABLISHED LOTS
I:HERE AN INDIVIDUAL LOT WAS HELD IN SEPARATE OWNER-
SHIP FROM ADJOINING PROPERTIES OR WAS PLATTED AND
RECORDED AT THE TIME OF PASSAGE OF THIS RESOLUTION
OR AT THE TIME OF PASSAGE OF ANY AMENDMENT TO THE
RESOLUTION, AND HAG LESS AREA AND/OR LESS 1110TH THAN
REQUI^ED IN OTHER SECTIONS OF THIS RESOLUTIONOR RE-
QUIRED BY SUCH AMENDMENT, SUCH A LOT MAY BE OCCUPI-
ED ACCORDING TO THE PERMITTED USES PROVIDED FOR THE
DISTRICT IN WHICH SUCH LOT IS LOCATED.
(2 ) REDUCTION NO PART OF AN AREA OR WIDTH REQUIRED FOR A LOT FOR
THE PURPOSE OF COMPLYING WITH THE PROVISIONS OF THIS
RESOLUTION SHALL BE INCLUDED AS AN AREA OR WIDTH RE-
QUIRED FOR ANOTHER BUILDING.
MINIMUM YARDS
(1 ) REDUCTION NO PART OF A YARD REQUIRED FOR ANY BUILDING FOR THE
PURPOSE OF COMPLYING WITH THE PROVISIONS OF THIS
RESOLUTION SHALL BE INCLUDED AS A YARD FOR ANOTHER
BUILDING, AND ALL YARDS SHALL BE OPEN AND UNC$STRUC-
ED EXCEPT AS OTHERWISE PROVIDED HEREIN.
(2 ) ARCHITECTURAL FEATURES CORNICES, CANOPIES, EAVES OR SIMILAR ARCHITECTU
FEATURES MAY EXTEND INTO A REQUIRED YARD NOT MORE
THAN 2 FEET.
( 3 ) PORCHES
OPEN, UNENCLOSEO, UNCOVERED PORCHES AT GROUND LEVEL
MAY EXTEND INTO A REQUIRED YARD NOT MORE TNAN6 FEET.
(4) FIRE ESCAPES FIRE ESCAPES MAY EXTEND INTO A REQUIRED YARD NOT
MORE THAN 6 FEET.
(5 ) ACCESSORY BUILDINGS . PERMITTED ACCESSORY BUILDINGS MAY DE LOCATED IN THE
REQUIRED REAR YARD FOR A PRINCIPAL BUILDING.
(6 )
REVERSED CORNER LOTS • THE SIDE YARD ALONG THE STREET SIDE OF A REVERSED
CORNER LOT SHALL BE NOT LESS THAN THE REQUIRED FRONT
YARD FOR PRINCIPAL BUILDINGS ALONG sucH SIDE STREET.
6.4 MAXIMUM HEIGHT OF BUILLDINGS
(1)
SPECIAL EXCEPTIONS
THE HEIGHT LIMITATIONS OF THIS RESOLUTION SHALL NOT
APPLY TO CHURCH SPIRES, BELFRIES, CUPOLAS,PENTHOUS-
ES, OR DOMES NOT USED FOR HUMAN OCCUPANCY, NOR TO
CHIMNEYS, VENTILATORS, SKYLIGHTS, WATER TANKS, SI-
LOS, PARAPET WALLS, CORNICES WITHOUT WINDOWS, AN-
TENNAS, OR NECESSARY MECHANICAL APPURTENANCES USU-
ALLY CARRIED ABOVE THE ROOF LEVEL.
SUPPLEMENTARY REGULATIONS 15
6.5 SPECIAL AREAS SUBJECT TO FLOODING
FOR THE PURPOSE OF THIS RESOLUTION, THERE ARE HEREBY ESTABLISHED 1•FLOOD PLAIN
AREAS" AS SHOWN ON THE ZONING DISTRICT MAPS OF VELD COUNTY WITHIN WHICH THE FOL-
LOWING RESTRICTIONS SHALL APPLY:
NO DWELLING, MOBILE HOME, SCHOOL, CHURCH OR OTHER PLACE OF ASSEMBLY SHALL
BE PERMITTED;
NO STORAGE OF MATERIALS WHICH COULD BE MOVED BY FLOOD WATERS SHALL BE PER-
MITTED UNLESS THE MATERIALS ARE SECURED ADEQUATELY TO PREVENT THEIR BEING
MOVED DOWNSTREAM DURING PERIODS OF FLOODING;
NO DUMPING OF DEBRIS WHICH MIGHT BE MOVED DOWNSTREAM DURING PERIODS OF
FLOODING SHALL BE PERMITTED; AND
ACCESSORY BUILDINGS OR OTHER STRUCTURES LOCATED IN AREAS SUBJECT TO FLOOD-
ING SHALL BE CONSTRUCTED ONLY AFTER HAVING BEEN APPROVED BY THE WELD COUNTY
PLANNING COMMISSION, WHICH SHALL FIRST BE ASSURED THAT SUCH BUILDINGS OR
OTHER STRUCTURES WILL NOT IMPEDE THE FLOW OF WATER DURING PERIODS OF INTENSE
FLOODING♦
6.6 UNIT DEVELOPMENTS
UNIT DEVELOPMENTS WHICH MAY BE PERMITTED IN THE "H" HIGH DENSITY RESIDENTIAL DIS-
TRICT, THE "E" ESTATE DISTRICT, AND IN THE "R", RESIDENTIAL DISTRICT, SUBJECT IN
EACH INSTANCE TO BEING SHOWN ON A PLAN AS DEFINED, PROCESSED AND APPROVED AS FOL-
LOWS:
(1)
A UNIT DEVELOPMENT SHALL BE DEFINED AS A PROJECT WHICH IS CONTROLLED BY ONE
OWNER, CORPORATION OR AGENCY, OR THE SUBJECT OF AN APPLICATION FILED JOINT-
LY BY THE OWNERS OF THE PROPERTY TO BE INCLUDED, WHICH IS LOCATED ON AT
LEAST 20 ACRES OF LAND, INCLUDING USABLE OPEN SPACES FOR THE MUTUAL BENEFIT
OF THE ENTIRE TRACT, AND WHICH IS PLANNED TO PROVIDE VARIETY AND DIVERSITY
SO THAT MAXIMUM LONG-RANGE BENEFITS OF UNIQUE SITE DESIGN CAN DE ACHIEVED
WHILE STILL PROTECTING THE SURROUNDING AREAS.
NORMAL ZONING STANDARDS FOR "MINIMUM SETBACK," "MINIMUM LOT AREA," "MINI-
MUM LOT 010TH," "MINIMUM SIDE YARDS," "MINIMUM REAR YARDS," "MAXIMUM HEIGHT
OF BUILDINGS'; MAY VARY AS SPECIFIED ON THE UNIT DEVELOPMENT PLAN.
AN APPLICATION FOR A UNIT DEVELOPMENT SHALL CONTAIN THE FOLLOWING INFORMA-
TION:
PROPOSED NAME OF THE AREA;
TOTAL ACREAGE;
A SITE PLAN SHOWING THE PROPOSED LOCATION AND DIMENSIONSOF ALL STRUC-
TURES;
LAND TO BE RETAINED AS FUNCTIONAL OPEN SPACE, THE PURPOSE FOR WHICH
IT IS TO BE USED, AND AN EXPLANATION OF HOW SUCH OPEN SPACE WILL BE
PRESERVED AND MAINTAINED;
A CIRCULATION PLAN FOR VEHICLES AND PEDESTRIANS;
USES TO BE DEVELOPED IN THE AREA, AND THE PROPOSED DENSITYOF DEVELOP-
MENT;
A LEGAL DESCRIPTION OF THE PROPERTY;
THE PROPOSED CONSTRUCTION SCHEDULE;
SUPPLEMENTARY REGULATIONS
16
LANDSCAPING PROPOSALS; AND
SUCH ADDITIONAL INFORMATION AS MAY BE REQUESTED BY THE COUNTY PLAN-
ING COMMISSION AND BY THE BOARD OF COUNTY COM!.tISSIONERS IN ORDER TO
JUSTIFY GRANTING THE EXCEPTIONS REQUIRED FOR THE UNIT DEVELOPMENT.
(4) UNIT DEVELOPMENTS SHALL HAVE
--
(5)
A MAXI&IUM DENSITY NOT TO EXCEED 12 DWELLING UNITS PER ACRE; AND
A MINIMUM AMOUNT OF USABLE .OPEN SPACE (EXCLUSIVE OF PARKING AND
STREETS) OF NOT LESS THAN 25 PERCENT OF THE TOTAL ACREAGE.
REVIEW PROCEDURE . . BEFORE A BUILDING PERMIT IS GRANTED FOR A STRUC-
TURE WHICH IS PART OF A UNIT DEVELOPMENT PLAN, A GENERAL PLAN FOR THE
ENTIRE UNIT DEVELOPMENT SHALL BE APPROVED BY THE COUNTY PLANNING COM-
MISSION AND 8Y THE BOARD OF COUNTY COMMISSIONERS WHO SHALL BE GUIDED
IN THEIR REVIEW BY THE INTENT OF THIS ZONING RESOLUTION, BY THE UNI-
QUE CONDITIONS OF THE LAND INVOLVED, AND BY THE COUNTYWIDE NEED FOR
SUCH DEVELOPMENTS. FOLLOWING SUCH OFFICIAL APPROVAL, THE GENERAL UNIT
DEVELOPMENT PLAN SHALL BE RECORDED IN THE FILES OF THE BOARD OF COUN-
TY COMMISSIONERS. PROPOSED AMENDMENTS TO THE OFFICIAL UNIT DEVELOP-
MENT PLAN SHALL BE PROCESSED IN A SIMILAR MANNER.
N C N - C O N F O R iS I N G U S E S AND BUILDINGS 17
S=CTIi VII
EXCEPT AS PROVIDED IN THIS SECTION, THE LArFUL USE AND LOCATION OF ANY BUILDING OR
LAND EXISTING AT THE TIME OF ENACTMENT OF THIS RESOLUTION, OR OF ANY AMENDMENTS TO
THIS RESOLUTION, MAY BE CONTINUED EVEN THOUGH SUCH USE OR LOCATION DOES NOT CONFORM
TO THE REQUIREMENTS OF THIS RESOLUTION.
7.1 REPAIRS AND I A I NTENANCE
(1)
ORDINARY REPAIRS AND MAINTENANCE OF A NON -CONFORMING BUILDING SHALL BE
PE RH I T TE D .
7.2 RESTORATION
(1)
A NON -CONFORMING BUILDING WHICH HAS BEEN DAMAGED BY FIRE OR OTHER CAUSES
MAY BE RESTORED TO ITS ORIGINAL CONDITION, PROVIDED SUCH WORK IS COM-
:ENCED @ I THI N ONE YEAR OF SUCH CALAMITY.
7.3 tBANDONME.!' T
(1)
17HENEVER A NON -CONFORMING USE HAS PEEN DISCONTINUED FOR A PERIOC OF ONE
YEAR, SUCH USE SHALL NOT THEREAFTER BE REESTABLISHED, AND ANY FURTHER
USE SHALL DE IN CONFORMANCE EiITH THE PROVISIONS OF THIS RESOLUTION.
7.4 CHANGE IN USE
(1)
NON -CONFORMING USE SHALL NOT BE CHANGED TO A USE OF LOvIER, OR LESS
RESTRICTIVE CLASSIFICATION; SUCH NON -CONFORMING USE MAY, HOWEVER, BE
CHANGED TO ANOTHER USE OF THE SAME OR HIGHER CLASSIFICATION.
7.5 EXTENSION
(1)
A NON -CONFORMING USE SHALL NOT OE EXTENDED.
AMEND M E N T S 18
SECTION VIII
8.1 GENERAL PROCEDURE
AMENDMENTS TO THIS RESOLUTION SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE
OF COLORADO WHICH REQUIRE THE FOLLOWING ACTION BEFORE ADOPTION OF ANY SUCH AMEND-
I.IENTS :
(1 ) STUDY AND RECOMMENDATION OF THE PROPOSED AMENDMENT BY THE MELD COUNTY PLAN-
NING COMMISSION.
(2) COMPLETION OF A PUBLIC HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS AF-
TER AT LEAST 30 DAYS' NOTICE OF THE TIME AND PLACE OF SUCH HEARING SHALL
HAVE BEEN GIVEN BY AT LEAST ONE PUBLICATION IN A NEWSPAPER OF GENERAL CIR-
CULATION WITHIN THE COUNTY.
8.2 SPECIAL PROCEDURE
BEFORE SUBMITTING A REPORT AND RECOMMENDATION OF ANY PROPOSED AMENDMENT TO THIS
RESOLUTION, AS REQUIRED IN NO. 1 ABOVE, THE COUNTY PLANNING COMMISSION SHALL HOLD
A PUBLIC HEARING ON THE PROPOSED AMENDMENT IN WHICH EVENT THE FOLLOWING SPECIAL
CONDITIONS SHALL BE REQUIRED!
( 1) A NOTICE OF SAID HEARING SHALL BE PUBLISHED ONCE IN A NEWSPAPER SERVING THE
GENERAL AREA OF THE AMENDMENT AT LEAST 7 DAYS PRIOR TO THE HEARING DATE.
(2 ) FOR PROPOSED AMENDMENTS TO THE "ZONING AREA MAP", THE APPLICANT SHALL Sue -
MIT A LIST OF NAMES AND ADDRESSES OF ALL OWNERS WITHIN THE AREA REQUESTING
REZONING AND ALL PROPERTY OWNERS HAVING PROPERTY WITHIN 500 FEET OF THE
AREA REQUESTING REZONING, THE COUNTY PLANNING COUVISSION SHALL SEND A
WRITTEN NOTICE OF SAID HEARING AT LEAST SEVEN (7) DAYS PRIOR TO THE HEAR-
ING DATE TO THE PROPERTY OWNERS OF MOST RECENT RECORD WITHIN THE AREA RE-
QUESTING REZONING AND WITHIN 500 FEET OF THE AREA PROPOSED FOR REZONING.
FAILURE TO MAIL SUCH NOTICE TO EVERY PROPERTY OWNER DUE TO CLERICAL OMIS-
SION SHALL NOT AFFECT THE VALIDITY OF ANY HEARING OR DETERMINATION OF THE
COUNTY PLANNING COMmISSION.
FOR PROPOSED AMENDMENTS TO THE "ZONING AREA hAP", A FEE SHALL BE
CHARGED TO COVER THE COSTS OF ADVERTISING AND PROCESSING. FOR ALL OTHER
PROPOSED AMENDMENTS, A FEE OF .:10.00 SHALL BE CHARGED TO COVER SUCH COSTS.
FOR PROPOSED AMENDMENTS TO THE ZONING AREA MAP, THE COUNTY PLANNING COMMIS-
SION SHALL REQUIRE THE APPLICANT TO POST PUBLIC NOTICES ON THE PROPERTY RE-
QUESTING REZONING. IN SUCH CASES, NOTICES SHALL BE POSTED AT LEAST 10 DAYS
PRIOR TO THE HEARING DATE. SUCH NOTICES SHALL BE READABLE FROM PUBLIC ROADS
ADJACENT TO THE AREA AND SHALL CONTAIN THE FOLLOWING INFORMATION:
(A)
(B)
(C)
(0)
REZONING REQUEST NUMBER
FROM ZONING DISTRICT TO ZONING DISTRICT;
DATE AND PLACE OF PUBLIC HEARING;
LOCATION AND PHONE NUMBER OF THE PUBLIC OFFICE WHERE ADDITIONAL INFOR-
MATION CAN BE OBTAINED.
(7)
.AMEN D M E N T S 19
8.3 RE:, Sava D 'E �:•:Ixr,
REQUESTS FOR REZONING OF TRACTS WITHIN `GELD COUNTY SHOULD BE SUPPORTED BY DE-
TAILED AND SUBSTANTIAL EVIDENCE THAT SUCH REZONING IS NECESSARY. RECENT FIND-
INGS AND ORAL "TA TEMENTS BY THE PETITIONERS. SHOULD SHOW VERY CLEARLY THAT EI-
THER THE OPICINAL ZONING WAS FAULTY OR THAT CHANGING CONDITIONS IN THE AREA
NOW JUSTIFY ANEW CLASSIFICATION.'!ITHOUT THE PRESENTATION OF SUCH SUPPORT-
ING DOCUMENTATION, THE COUNTY PLANNIJD COMMISSION SHOULD NOT RECOMMENDA CHANGE
IN ZONING.
THE FOLLOWING ARGUMENTS WHICH ARE FREQUENTLY PRESENTED ARE NOT SUFFICIENT
GROUNDS FOP REZONING=
"THE AREA HAS
"THE PROPOSED
LAND';"
"A NON -CONFORMING USE IS LOCATED ON THE PROPERTY;"
"THE AREA ADJOINS LAND ALREADY ZONED IN THIS MANNER;"
"N0 ONE IN THE NEIGHBORHOOD OBJECTS;"
"IF THE ZONING IS GRANTED, WE WILL AGREE TO USE IT ONLY FOR CERTAIN
PURPOSES;"
"YOU HA 'ENT GIVEN US ANY REASONS FOR NOT MAKING THE CHANGE."
NO OTHER PRACTICAL USE;"
REZONING WOULD ALLOW THE 'HIGHEST AND DES" USE OF THE
ALTHOUGH EACH OF THE PRECEDING ARGUMENTS HAS SOME VALIDITY, NO ONE ARGUMENT
ALONE IS SUFFICIENT GROUNDS FOR REZONING. THERE MUST SE DEFINITE PROOF THAT
THE AREA REQUESTED FOR CHANGE HAS UNIQUE CHARACTERISTICS WHICH DISTINGUISH IT
FROM SURROUNDING LANDS AND THUS MAKE ITS REZONING ESSENTIAL. 'hHENEVFr A CHANGE
IS RECOMMENDED, THE PLANNING COMMISSION MUST ASSUME THAT THE MOST DETRIMENTAL
USES PERMITTED IN SUCH ZONE MIGHT OCCUR. FURTHERMORE, ONCE A CHANGE IS MADE,
THE PLANNING COMMISSION MUST RECOGNIZE THE PRECEDENT WHICH IS ESTADLISHED,
BOTH IN THE I' ETI TE ;.R:TA ONE IN OTHER FDPTS OF THE COUNTY, FOR LIKE RE-
ZONING OF OTHER LANDS "SIMILARLY SITUATED". ACTIONS TO REZONE PROPERTY SIMPLY
BECAUSE "IT DOESN'T SEEM TO MAKE ANY DIFFERENCE" OR "WE THINK IT WILL HELP THE
COUNTY TAX BASE "MAY LEAD TO SERIOUS PROBLEMS. ZONING IS A COMPLICATED LEGAL
PROCESS WHICH MUST BE ADMINISTERED IMPARTIALLY, IN THE BEST INTERESTS OF THE
ENTIRE COUNTY, DN THE BASIS OF FACTS, NOT WISHFUL THINKING.
8.4 CONDITIONAL REVIEW
REZONING REQUESTS FOR AN MH, T, B, C,
A TEN ATIVE SITE PLAN AND A TENTATIVE
DEVELOPMENT. WITHIN SIX MONTHS AFTER
THE OWNER OR HIS REPRESENTATIVE SHALL
CONSTRUCTION SCHEDULE TO THE COUNTY PLANNING COMMISSION FOR THEIR REVIEW AND
RECOMMENDATIONS. CONSTRUCTION OF THE PROPOSED BUILDINGS SHALL COMMENCE WITH-
IN TWELVE MONTHS AFTER THE AREA HAS BEEN REZONED. IF CONSTRUCTION DOES NOT
PROCEED ACCORDING TO SCHEDULE, OR WITHIN A SIX MONTHS EXTENSION PERIOD WHICH
MAY, UPON REQUEST, BE GRANTED DY THE COUNTY COMMISSIONERS, THE COUNTY PLAN-
NING COMMISSION SHALL INSTIGATE ACTION TO REZONE THE DISTRICT.
I OR S DISTRICT SHALL BE ACCOMPANIED BY
TIME SCHEDULE FOR CONSTRUCTION OF THE
REZONING TO ONE OF THE ABOVE DISTRICTS,
PRESENT A FINAL SITE PLAN 'AND FINAL
20
BOARD OF A D J IJ T MEN T, V _I R I N C E S
SECT I C^1 IX
THE BOARD OF ADJUSTMENT OF THE COUNTY OF '.ELD SHALL HAVE THE FOLLOWING FUNCTIONS AND
POWERS IN RESPECT TO THIS RESOLUTION.
9.1 APPEALS TO THE BOARD OF '1OJUST+LENT
( i )
(2)
APPEALS TC THE BOARD OF ADJUSTMENT MAY DE TAKEN BY ANY PERSON AGRIEVED
BY HIS INABILITY TO OBTAIN A BUILDING PERMIT, OR BY THE DECISION OF ANY
ADMINISTRATIVE OFFICER OR AGENCY BASEL UPON OR MADE IN THE COURSE OF THE
ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS RESOLUTION. AP-
PEALS MAY BE TAKEN BY ANY OFFICER, DEPARTMENT, BOARD OR BUREAU OF THE
COUNTY AFFECTED BY THE GRANTING OR REFUSAL OF A BUILDING PERMIT OR OTH-
ER DECISION OF ANY ADMINISTRATIVE OFFICE OP AGENCY BASED ON OR MADE IN
THE COURSE OF THE ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF
THIS RESOLUTION.
APPEALS TO THE BOARD OF ADJUSTMENT MUST BE MADE IN WRITING AND FILED
WITH THE BOARD OF ADJUSTMENT WITHIN 60 DAYS OF THE ACT OR FAILURE TO ACT
OR DECISION APPEALED FROM.
(3) UPON APPEALS THE BOARD OF ADJUSTMENT SHALL HAVE THE FOLLOWING POWERS:
(A)
(B)
(c)
TO HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED BY THE APPELLANT
THAT THERE IS ERROR IN ANY ORDER, REOUIREMENT, DECISION OR REFUSAL
MADE BY AN ADMINISTRATIVE OFFICIAL OR AGENCY BASED ON OR MADE IN
THE ENFORCEMENT OF THIS RESOLUTION,
TO HEAR AND DECIDE, IN ACCORDANCE WITH THE PROVISIONS OF THIS RES-
OLUTION AS HEREAFTER PROVIDED, REQUESTS FOR SPECIAL EXCEPTIONS CR
FCR INTERPRETATION OF THE ZONING MAP OP FOP CONDITIONAL USE PER-
MITS AS PROVItEO IN THIS RESOLUTION,
••-HERE BY REASON ;)F EXCEPTIONAL NARROWNESS, SHALLOWNESS OR SHAPE
CF A SPECIFIC PIECE OF PROPERTY AT THE TIME OF ENACTMENT OF THIS
RESOLUTION, OR OY REASON OF EXCEPTIONAL TOPOGRAPHIC CCNDITIONS OF
SUCH PIECE OF PROPERTY, THE STRICT APPLICATION OF ANY REGULATION
ENACTED UNDER THIS RESOLUTION WOULD RESULT IN PECULIAR AND EXCEP-
TIONAL PRACTICAL DIFFICULTIES TO, OP EXCEPTIONAL AND UNDUE HARD-
SHIP UPON, THE OWNER OF SUCH PROPERTY, A VARIANCE FROM SUCH STRICT
APPLICATION MAY DE GRANTED SO AS TO RELIEVE SUCH DIFFICULTIES OR
HARDSHIPS; PROVIDED, HOWEVER, rHAT SUCH RELIEF MAY BE GRANTED
WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT SUB-
STANTIALLY IMPAIRING THE Ir:TENT AND PURPOSE OF THIS ZONING RESO-
LUTION; AND THAT THERE ARE EXCEPTIONAL CIRCUMSTANCES APPLYING TO
THE SPECIFIC PIECE OF PROPERTY WHICH 00 NOT APPLY GENERALLY TO THE
RE"AINING PROPERTY IN THE SAME ZONING AREA OR NEIGHBORHOOD.
3CARD CF ADJ UST M,ENT, V.a R I ;,N CE .21
9.1
9.2
APPEALS TO THE
BOARD OF AOJUSTMENT (CONTINUED)
(3) (D)
PROCEDURE
To PERMIT THE EXTENSION OF A NON —CONFORMING USE THROUGHOUT A LOT
OR ANY BUILDING THEREON UPON SUCH TERMS AND CONDITIONS AS
THE
BOARD OF ADJUSTMENT SHALL DEEM JUST AND PROPER; PROVIDED, THAT
SUCH EXTENSION MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO
THE PUBLIC GOOD AND WITHOUT SUBSTANTIALLY IMPAIRING THE INTENT
ANO PURPOSE OF THIS ZONING RESOLUTION.
(1 ) ALL MEETINGS AND HEARINGS OF THE BOARD OF ADJUSTMENT SHALL BE OPEN TO
THE PUBLIC.
(2)
(3)
(4)
(5)
A NOTICE OF A HEARING TO BE HELD DY THE BOARD OF ADJUSTMENT ON ALL AP-
PEALS PRESENTED TO SUCH BOARD SHALL SE PUBLISHED ONCE IN A NEWSPAPER
SERVING THE GENERAL AREA OF THE REQUEST AT LEAST 7 DAYS PRIOR TO THE
HEARING DATE.
UPON APPLICATION FOR VARIANCES RELATING TO THE USE REQUIREMENTS OF THIS
RESOLUTION, THE BOARD OF ADJUSTMENT, IF IT DEEMS THE SAME ADVISABLE AND
PRACTICAL, MAY SEND A WRITTEN NOTICE OF SAID HEARING BY FIRST CLASSMAIL
AT LEAST 7 DAYS PRIOR TO THE HEAPING DATE TO OWNERS OF PROPERTY WITHIN
500 FEET OF THE PROPERTY IN QUESTION. .AILING SUCH NOTICE SHALL BE DIS-
CRETIONARY WITH THE BOARD OF ADJUSTMENT AND FAILURE TO MAIL SUCH NOTICE
SHALL NOT AFFECT THE VALIDITY OF ANY HEARING OR DETERMINATION OF THE
BOARD OF ADJUSTMENT.
UPON APPLICATION FOR VARIANCES WHICH DO NOT RELATE TO THE USE REQUIRE-
MENTS OF THIS RESOLUTION, THE BOARD OF ADJUSTMENT, IF IT DEEMS THE SAME
ADVISABLE AND PRACTICAL, MAY SEND A WRITTEN NOTICE OF SAID HEARING BY
FIRST CLASS MAIL AT LEAST 7 DAYS PRIOR TO THE HEARING DATE TO OWNERS OF
PROPERTY ADJACENT TO THE PROPERTY IN QUESTION. TAILING SUCH NOTICE
ACALL S C ISC?ETI ONARY WITH THE BOARD CF M^JUSTMENT AND FAILURE TO .AIL
SUCH NI'TIC= SHALL NOT AFFECT,THE VALIDITY OF ANY HEARING CR DET•ER' INA-
T1ON OF THE BOARD OF ADJUSTMENT.
FOR VARIANCES RELATING TO THE USE REQUIREMENT OF THIS RESOLUTION, A FEE
OF '25.00 SHALL BE CHARGED TO COVER THE COST OF ADVERTISING AND PROCES-
SING. FOR ALL OTHER VARIANCE REQUESTS, A FEE. OF •10.00 SHALL BE CHARG-
ED TO COVER SUCH COSTS.
I N T E R P R E T A T I C N, VALIDITY, ENFORCEENT 22
SECT I ON X
10.1 INTERPRETATION
(1 )
IN THEIR INTERPRETATION AND APPLICATION, THE PROVISIONS OF THIS RESOLC-
TION SHALL DE HELD TO BE MINIMUM REO1JIFEMENTS ADOPTED FOR THE PROMOTION
OF THE PUBLIC HEALTH, SAFETY AND "T LFARE. .HENEVER THE REQUIREMENTS OF
THIS RESOLUTION ARE AT VARIANCE WITH THE REQUIREMENTS OF ANY OTHER LAW-
FULLY ADOPTED RULES, REGULATIONS OR RESOLUTIONS, THE MORE RESTRICTIVE,
OR THAT IMPOSING THE HIGHER STANDARDS SHALL GOVERN.
10.2 VALIDITY
(T)
SHOULD ANY SECTION, CLAUSE OR PROVISIONS OF THIS RESOLUTION BE DECLARED
BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH DECISION SHALL
NOT AFFECT THE VALIDITY OF THIS RESOLUTION AS A WHOLE OR ANY PART THERE-
OF, OTHER THAN THE PART SO DECLARED TO BE INVALID.
10.3 ENFORCEMENT
(1)
IT SHALL BE UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT, ALTER OR
CHANGE THE USE OF ANY BUILDING OR OTHER STRUCTURE WITHIN THE ZONED AREA
IN VELD COUNTY WITHOUT OBTAINING A BUILDING PERMIT FROM THE BOARD OF
COUNTY COMMISSIONERS OR ITS AUTHORIZED REPRESENTATIVE, AND THE BOARD OF
COUNTY COMMISSIONERS OR ITS AUTHORIZED REPRESENTATIVE Si -?ALL NOT ISCUE
ANY PERMIT UNLESS THE PLANS OF AND FOR THE PROPOSED ERECTION, CONSTRUC-
TION, RECONSTRUCTION, ALTERATION, OR USE FULLY CONFORM TO THE ZONING
REGULATIONS THEN IN EFFECT. FOR ALL BUILDING PERMITS REQUIRED, A FEE
TO BE SET BY THE BOARD OF COUNTY COMMISSIONERS SHALL DE CHARGED BY •1ELD
COUNTY, EXCEPT THAT ALL CONSTRUCTION WITH A TOTAL COST OF LESS THAN
::100.00 SHALL BE EXEMPT FROM PAVING A BUILDING PERMIT FEE.
VIOLATIONS AND PENALTIES
SECTI r?I XI
11.1 OrNERAL
IT SHALL BE UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT, ALTER, MAINTAIN OR USE
ANY BUILDING OR STRUCTURE OR TO USE ANY LAND IN VIOLATION OF ANY PROVISION OF
THIS ZONING RESOLUTION, OR ANY AMENDMENT THEREOF. ANY PERSON, FIRM OR COPOR-
ATION, EITHER AS OWNER, LESSEE, OCCUPANT OR OTHERWISE, WHO VIOLATES ANY OF THE
PROVISIONS OF THIS RESOLUTION, OR ANY AMENDMENT THEREOF, OR WHO I`:'ERFERES IN
ANY MANNER '.IlTH ANY PERSON IN THE PERFORMANCE OF A RIGHT OR DUTY GRANTED OR
IMPOSED UPON HIM BY THE PROVISIONS OF THIS RESOLUTION, SHALL BE GUILTY CF A
MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE FINED NOT MORE THAN ONE
HUNDRED DOLLARS (100.00) OR IMPRISONED NOT MORE THAN TEN (10) DAYS, OR BOTH.
EACH DAY DURING WHICH SUCH VIOLATION SHALL CONTINUE SHALL. BE DEEMED TO BE A
SEPARATE OFFENSE.
11.2 LEGAL ACTION
IN CASE ANY BUILDING OP STRUCTURE IS, OR IS PROPOSED TO BE ERECTED, CONSTRUC-
TED, RECONSTRUCTED, ALTERED, MAINTAINED OR USED, OR ANY LAND IS PROPOSED TO
BE USED, 1N VIOLATION OF ANY PROVISION OF THIS RESOLUTION, OR ANY AME'r:v"ENT
THEREOF, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF I'£l0, THE DISTRICT
ATTORNEY IN AND FOR THE COUNTY OF '-ELD, OR ANY OWNER OF REAL ESTATE WITHIN THE
ZONED AREA, IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW, MAY INSTITUTE IN-
JUNCTION, MANDAMUS, ABATEMENT OR ANY OTHER APPROPRIATE ACTION OR PROCEEDING
TO PREVENT, ENJOIN, ABATE OR REMOVE SUCH UNLAWFUL ERECTION, CONSTRUCTION, RE-
CONSTRUCTION, ALTERATION, MAINTENANCE, OR USE,
DEF IN I T I 0 N 5 24
SECTICt XII
12.1
UEPJE RAL
','HEN NOT INCONSISTENT WITH THE CONTENT, WORDS USED IN THE PRESENT TENSE IN-
CLUDE THE FUTURE; WORDS IN THE SINGULAR NUMBER i':ZLUDE TrIE PLURAL NtROER;
WORDS IN THE PLURAL NUMi:ER INCLUDE THE SINGULAR NUMBER; AND THE MASCULINE IN-
CLUDES THE FEMININE.
12.2 TERMS AND '�;OROS
FOR THE PURPOSE OF THIS RESOLUTION CERTAIN TERMS AND WORDS ARE HEREBY DEFINE.°
AS FOLLOWS:
"ACCESSORY BUILDING"
A DETACHED SUBORDINATE BUILDING, THE USE OF WHICH IS CUSTOMARILY INCI-.
DENTAL TO THAT OF THE MAIN BUILDING OR TO THE MAIN USE or THE LAID AND
WHICH IS LOCATED ON THE SAME LOT WITH THE MAIN BUILDING OR USE, AND NOT
INCLUDING THOSE BUILDINGS DEFINED HEREIN AS FARM AND GARDEN BUILDINGS.
( 2 ) "ACCESSORY UGE"
A USE NATURALLY AND NORMALLY INCIDENTAL TO, SUBORDINATE TO AND DEVOTED
EXCLUSIVELY TO THE MAIN USE OF THE PREMISES,
( 3 ) "ALLEY"
n PUBLIC THOROUGHFARE, NOT EXCEEOING n5 FEET IN TROTH WHICH AFFORDS ON-
LY A SECONDARY MANS OF ACCESS TO ABUTTING PROPERTY,
"AREA, IN I'uUM LOT"
THE TOTAL AREA WITHIN THE PROPERTY LINES OF THE LOT, EXCLUDING ADJACENT
STREETS EXCEPT AS OTHERWISE PROVIDED,
( 5 ) "BOARDING AND ROOMING HOUSE"
A BUILDING OR PORTION THEREOF WHICH IS USED TO ACCOMMODATE, FOR COMPEN-
SATION, THREE OR HOPE BOARDERS OR ROOMERS, NOT INCLUDING MEMBERS OF THE
OCCUPANT'S IMMEDIATE FAMILY WHO MIGHT BE OCCUPYING SUCH BUILDING, THE
WORD "COMPENSATION" SHALL INCLUDE PAYMENT IN MONEY, SERVICES OR OTHER
THINGS OF VALUE.
(o)
"BUILDING"
ANY PERMANENT STRUCTURE BUILT FOR THE SHELTER OR ENCLOSURE OF PERSONS,
ANIMALS, CHATTELS OR PROPERTY OF ANY KIND AND NOT INCLUDING ADVERTISING
SIGN BOARDS OR FENCES.
D E F IN IT I C1\13
25
12.2 TERMS ANC LORDS (CONTINUED)
(7 ) "BUILDING HEIGHT"
(B)
THE VERTICAL DISTANCE FROM THE "GRADE" TO THE HIGHEST POINT OF THE ROOF
SLRFA CE.
"BUILDING. PRINCIPAL"
A BUILDING IN WHICH IS CONDUCTED THE MAIN OR PRINCIPAL USE OF THE LOT ON
WHICH SAID BUILDING IS SITUATED,
( 9 ) "COMMERCIAL FEED YARDS"
AN ENCLOSURE FOR THE FEEDING AND FATTENING OF CATTLE, FOWLS, RABBITS,
HOGS AND OTHER ANIMALS, WHERE THE FOLLCWrNG CONDITIONS EXIST:
(A)
(B)
(C)
THE ANIMALS OR FOWLS ARE CONFINED TO A RESTRICTED AREA;
MORE THAN FIFTY PERCENT OF THE ROUGHAGE TYPE FEED, SUCH AS HAY OR
SILAGE, FOR THE FEEDING OF SUCH ANIMALS OR FOWLS IS PURCHASED
RATHER THAN BEING PRODUCED ON THE IMMEDIATE
LEASED PROPERTY; AND/OR
THE RESTRICTED AREA OF THE FEEDING OPERATION EXCEEDS 254 OF THE
FARM'S LAND AREA;
ANY FEEDING OPERATION WHICH DOES NOT MEET THE PRECEDING CONDITIONS SHALL
NOT BE CONSIDERED "COMMERCIAL" AND THEREFORE SHALL BE PERMITTED -AS A
"FARM USE"
(10) "DWELLING"
FARM OR CONTIGUOUS
ANY BUILDING OR PORTION THEREOF WHICH IS USED AS THE PRIVATE RESIDENCE
OR SLEEPING PLACE CF ONE OR MORE HUMAN BEINGS, BUT NOT INCLUDING HOTELS,
MOTELS, TOURIST COURTS, RESORT CABINS, CLU!S, HOSPITALS, OR SIMILAR USES.
ALL DWELLINGS SHALL CONTAIN AT LEAST 600 SQUARE FEET OF FLOOR AREA AS
EASUREO ALONG THE OUTSIDE WALLS OF THE BUILDING,
(11) "DWELLING, ONE FAMILY"
A DETACHED BUILDING DESIGNED EXCLUSIVELY FOR, AND OCCUPIED BY ONE FAM-
ILY.
(12) "DWELLING, MULTIPLE FAMILY"
A BUILDING OCCUPIED BY TWO OP MORE FAMILIES LIVING INDEPENDENTLY OF EACH
OTHER, BUT NOT INCLUDING MOTELS OR HOTELS.
(13) "DWELLING UNIT"
ONE OR MORE ROOMS IN A DWELLING DESIGNED FOR OR OCCUPIED BY ONE FAMILY
LIVING AND COOKING ON THE PREMISES.
DEFINITIONS 26
12.2 TERMS AND TORO (CONTINUED)
(14) "FAI.;ILy".
A FAMILY IS ANY NUMBER OF PERSONS LIVING ANO COOKING TOGETHER ON THE
PREMISES AS A SINGLE CT+ELLING UNIT, BUT IT SHALL NOT INCLUDE A GROUP OF
MORE THAN THRET INDIVIDUALS NOT RELATED BY BLOOD OR MARRIAGE,
(15) "FART, RANCH, AND GARDEN BUILDINGS ANC USES"
THOSE BUILDINGS AND STRUCTURES USED TC SHELTER OR ENCLOSE LIVESTOCK,
POULTRY, FEED, FLOV!ERS, FIELD EQUIPMENT, DAIRY OPERATIONS OR SIMILAR
USES; AND THOSE USES OF LAND DEVOTE'? TO RAISING OF CROPS, POULTRY, OR
LIVESTOCK - PROVIDED MORE THAN 50 PERCENT OF THE PO''GHAGE TYPE FEED SUCH
AS HAY AND ENSILAGE FOR SUCH POULTRY OR LIVESTOCK IS PRODUCED BY THE
OWNER ON HIS IN'IEDIATE FARM OWNED OR LEASED PROPERTY
(10) "GRADE"
GRADE `GROUND LEVEL) IS THE AVERAGE OF THE FINISHED GROUND LEVEE. AT THE
CENTER OF ALL WALLS OF A BUILDING. IN CASE VALLS ARE WITHIN 25 FEET OF
A SIDEWALK, SAID GROUND LEVEL SHALL BE MEASURED AT THE SIDEWALK.
(1 7) "HOME OCCUPATION"
ANY USE CONDUCTED PRINCIPALLY C:ITHIN A DWELLING AND CARRIED ON BY THE
INHABITANTS THERETO, WHICH USE IS CLEARLY INCIDENTAL AND SECONDARY TO
THE USE OF THE DWELLING FOR DWELLING PURPOSES AND DOES NOT CHANGE THE
CHARACTER THEREOF, PROVIDING THAT NO ARTICLE IS SOLO OR OFFERED FOR SALE
EXCEPT SUCH AS MAY BE PRODUCED BY ME"BERS OF THE IMMEDIATE:FAMILY RE-
SIDING ON THE PREMISES.
(16) ''HOSPITAL"
ANY BUILCING OR PORTION THEREOF USED FOR THE ACCOMMODATION AND MEDICAL
CARE OF SICK, INJURED OR INFIRM PERSONS AND INCLUDING SANITARIUMS, BUT
NOT INCLUDING CLINICS, REST HOMES, AND CONVALESCENT HOMES.
(19) "HOTELS AND MOTELS"
ANY BUILDING OR PORTION THEREOF CONTAINING SIX OR MORE GUEST ROOMS USED,
DESIGNED TO DE USED, LET OR HIRED OUT FOP OCCUPANCY BY PERSONS ON MORE
OR LESS A TEMPORARY BASIS.
(20) "JUNK YARDS"
A YARD OPEN TO AIR, USED FOR THE SALE, STORAGE, OR DISPLAY OF 000 PIECES
OF METAL, PAPER, GLASS, OR OTHER MATERIAL, WHICH MAY OR MAY NOT BE PART-
LY OR WHOLLY ASSEMBLED INTO USEFUL OBJECTS, MOTOR VEHICLES, OR MACHIN-
ERY.
D E F I N I T I ii N S 27
12.2 TERMS AND ORDS (CONTINUED)
(21)
"KENV Le:
ANY LOT OR PREMISES ON OHICH FOUR OP MORE ANIMALS AT LEAST FOUR MONTHS
OF AGE APE HARMOREO.
(22) "LDT"
A PARCEL OF LAND OCCUPIED OR TO BE OCCUPIED BY A BUILDING OR GROUP OF
BUILDINGS AND ANY ACCESSORY BUILDINGS IDENTIFIED BITH EACH, TOGETHER
OITH SUCH OPEN AREAS AS ARE REQUIRED UNDER THIS RESOLUTION, AND HAVING
ITS PRINCIPAL FRONTAGE ON A PUSLIC RIGHT OF WAY.
(23) "LOT, REVERSED CORNER"
A CORNER LOT HAVING ITS SIDE STREET LINE SUBSTANTIALLY A CONTINUATION
ON THE FRONT LOT LINE OF THE FIRST LOT TO ITS REAR,
(24) "LOT LINE. FRONT"
THE PROPERTY LINE DIVIDING A LOT FROM A STREET. ON A CORNER LOT ONLY
ONE STREET LINE SHALL BE CONSIDERED AS A FRONT LINE AND THE SHORTER
STREET FRONTAGE SHALL BE CONSIDERED THE FRONT LINE.
(25) "LOT LINE. REAP"
THE LINE OPPOSITE THE FRONT LOT LINE.
(26) "LOT LINE, SIDE"
ANY LOT LINES OTHER THAN FRONT LOT LINES OR PEAR LOT LINES.
(27) "LE.':IBERSHIP CLUB"
AN ASSOCIATION OF PERSONS, WHETHER INCORPORATED OR UNINCORPORATED FOR
SOME CO'hON PURPO"E BUT NOT INCLUDING ;.ROUPS ORGANIZED PRIMARILY TO
RENDER A SERVICE CARRIED ON AS A BUSINESS.
(280 "NON-CONFOR+IING BUILDINGS"
+A BUILDING OP STRUCTURE OR PORTION THEREOF BUILT PRIOR TO THE EFFECTIVE
DATE OF THIS RESOLUTION, OR ANY AMENDMENT THERETO AND CONFLICTING O I TH
THE PROVISIONS OF THIS RESOLUTION APPLICABLE TO THE ZONE IN WHICH IT IS
SITUATED.
(29) "NON-CONFORNIHG USE"
THE USE OF A STRUCTURE OR PREMISES CONFLICTING WITH THE PROVISIONS OF
THIS RESOLUTION.
DEFINITION'S
2E
12.2 TERMS AND LORDS (CONTINUED)
(30) "OCCUPIED"
THE CORD "OCCUPIED" INCLUDES ARRANGED, DESIGNED, BUILT, ALTERED, COP:-
VERTED, RENTED OR LEASED, OR INTENDED TO BE OCCUPIED.
(31) "OUTDOOR ADVERTISINGSIGNS"
ANY CARD, CLOTH, PAPER, METAL, PAINTED, WOODEN, GLASS, PLASTER, STONE,
OR OTHER SIGN OF ANY KIND PLACED FOR OUTDOOR ADVERTISING PURPOSES ON THE
GROUND, OR ON ANY TREE, WALL, RUSH, ROCK, POST, FENCE, BUILDING, STRUC-
TURE OR THING WHATSOEVER.
(32) "PERSON"
THE WORD "PERSON" SHALL ALSO INCLUDE ASSOCIATION, FIRM, CO-PARTNERHSIP,
OR CORPORATION.
(33) "PROFESSIONAL °FFICE"
AN OFFICE FOR PROFESSIONS SUCH AS PHYSICIANS, DENTISTS, LAWYERS, ARCHI-
TECTS, ENGINEERS, ARTISTS, MUSICIANS, DESIGNERS, TEACHERS, REALTORS,
ACCOUNTANTS, AND OTHERS, WHO THROUGH TRAINING ARE QUALIFIED TO PERFORM
SERVICES OF A PROFESSIONAL NATURE, AND WHERE NO STORAGE OR SALE OF MER-
CHANDISE EXISTS.
(34) "PUBLIC YATEP AND PUBLIC SEWER FACILITIES"
THOSE FACILITIES OF A MUNICIPALITY OR SANITATION DISTRICT APPROVED BY
THE YELD COUNTY HEALTH DEPARTMENT AND BY THE STATE DEPARTMENT OF HEALTH
FOR GENERAL PUBLIC USE.
(35) "SETBACK"
THE DISTANCE EXTENDING ACROSS THE FULL WIDTH OF THE LOT BETWEEN THE
FRONT LOT LINE AND THE NEAREST LINE OR POINT OF THE BUILDING,
(36) "SIGNS FOR IDENTIFICATION"
SUCH SIGNS SHALL REFER ONLY TO THE PRINCIPAL USE OF THE LOT UPON CIHICH
SUCH SIGNS ARE LOCATED.
(37) "STREET"
ANY PUBLIC OR PRIVATE THOROUGHFARE WHICH AFFORDS THE PRINCIPAL MEANS OF
ACCESS TO ABUTTING PROPERTY, AND INCLUDING SUCH TERMS AS "PUBLIC RIGHT
OF WAY", "HIGHWAY", "ROAD", AND "AVENUE".
DEE IN I T 1 0 rd :, 29
12.2 TERMS AND '30Rps CONTINUED)
(3 6)
"STRUCTURE"
ANYTHING CONSTRUCTED OR ERECTED, WHICH REQUIRES LOCATION ON THE GROUND
OR ATTACHED TO SOMETHING HAVING A LOCATION ON THE GROUND, BUT NOT IN -
CLUEING FENCES OR !"ALLS USED AS FENCES LESS THAN SIX FEET IN HEIGHT,
POLES, LINES, CABLES, OR OTHER TRANSMITTING OR DISTRIBUTION FACILITIES
OF PUBLIC UTILITIES*
(39) "U:
THE PURPOSE FOP WHICH LAND OR BUILDING IS DESIGNED, ARRANGED, OR INTEND-
ED, OR FOR '.:'HICH EITHER IS OR MAY SE OCr'UPIED OR MAINTAINED.
(40) "USED CAR LOTS"
RETAIL SALES AREA FOR THE SALE OF AUTOMOBILES WHICH ARE tN SUCH CON-
DITION AS TO MEET ALL REQUIREENTS OF THE STATE AND COUNTY FOR LICEPJSC
AND OPERATION.
(41) "WIDTH OF LOT"
THE DISTANCE PARALLEL TO THE FRONT LOT LINE I.4EASURED BETWEEN SIDE LOT
LINES THROUGH THAT PART OF THE BUILDING OR STRUCTURE WHERE THE LOT IS
NARROV:'EST.
(42) "YARD"
AN OPEN SPACE OTHER THAN A COURT, ON A LOT, UNOCCUPIED AND UNOBSTRUCTED
FROr.7 THE GROUND UPWARD, EXCEPT AS OTHERWISE PROVIDED IN THIS RESOLUTION.
(43) "YARD, FRONT"
A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT BETWEEN THE FRONT LOT
LINE AND THE NEAREST LINE OR POINT OF THE BUILDING*
(44) L"YARD. REA W.
A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT BETWEEN THE REAR LOT
LINE AND THE NEAREST LINE OR POINT Cr THE BUILDING,
(45) "YARD. SIDE"
„ YARD EXTENDING FRO!$ THE FRONT YARD TO THE REAR YARD BETWEEN THE C OE
LOT LINE AND THE NEAREST LINE OR POINT ?F THE CUIL^IN: en ACCESSORY
BUILDING ATTACHED THERETO,
REPEALS AND ENACTMENT
30
SECTION XIII
13.1 REPEALS
(1 ) ALL RESOLUTIONS OF THE COUNTY OF WELD, INCONSISTENT HEREWITH TO THE
EXTENT OF SUCH INCONSISTENCY, AND NO FURTHER, ARE HEREBY REPEALED.
(2 ) THE REPEAL OF ANY OF THE ABOVE -MENTIONED RESOLUTIONS DOES NOT .REVIVE
ANY OTHER RESOLUTION OF PORTION THEREOF REPEALED BY SAID RESOLUTION.
(a)
SUCH REPEALS SHALL NOT AFFECT OR PREVENT THE PROSECUTION 0$ PUNISHMENT
OF ANY PERSON FOR THE VIOLATION OF ANY RESOLUTION REPEALED HEREBY, FOR
AN OFFENSE COMMITTED PRIOR TO THE REPEAL.
13.2 ENACTMENT
(1)
UPON APPROVAL AND ADOPTION OF THIS RESOLUTION,A CERTIFIED COPY THERE-
OF, INCLUDING ALL MAPS HEREIN REFERRED TO, SHALL BE FILED AS PROVIDED
BY LAW IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF VELD COUNTY.
(2 ) THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT AFTER ITS APPROVAL
AND ADOPTION AS PROVIDED BY LAW.
(3) •APPROVED AND ADOPTED THIS 29TH DAY OF MAY, A. D. 1961.
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY CF FIELD
BY; (SIGNED) ELMER L, SHULTZ
ATTEST:
(SIGNED) EDITH N. FLATELAND
DEPUTY COUNTY CLERK
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