HomeMy WebLinkAbout610128.tiffproposed
ZONING RESOLUTION
for use in areas petitioning for zoning in
WELD COUNTY, COLORADO
(COMPLETE TEXT)
Third Draft
March, 1961
Weld County Planning Commission
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ZONING MAP -
WEST GREELEY ZONING AREA
TT.IIA a ISRALL WEST
STED IN TOWNSHIP 5c.NORTH:RANGE 65 WEST OF THE SIR Rhl
LEGEND
DISTRICT
E- ESTATE DISTRICT
R - RESIDENTIAL DISTRICT
N- AWNDENSITY BL DISTRICT
TRANSITIONAL DISTRICT
B - BUSINESS DISTRICT
A PPR OVAL
APPROVED AND CENTIfCD BY THE
WELD COUNT),
XTY PLANNING MISSION
d TE C
CHAIRMAN
ERCUL DISTRICI
I- INDUSTRIAL DISTRICT
9- SCIENTIFIC DISTRICT
ZONING DISTRN ICT BOUNDARY
ADOPTED BY THE BOARD Of COUNCOMMISSIONERS OF WELD CORWINT COLDCHAIRMAN
❑[
PURPOSE
Zoning provides the same type of common sense divisions of
business, residential, 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 established legal principles, zoning
makes possible the safeguarding of residential areas - business areas
are protected for development in logical areas - and industrial districts
may be preserved in locations with good access to main travel routes and
utilities.
In general, the public health, safety and welfare are promoted
through zoning in the following ways:
(I) Property values are protected since uses which would lessen values
are not allowed in areas where conflict would occur.
(2) Growth potentiality is increased by the reservation of adequate
land for all uses.
(3) Established business areas are protected against the indiscriminate
development of business buildings wherever vacant or cheap lard
exists.
(4) The public tax base is stabilized and maintained.
(5) Lending institutions make higher loans in areas protected by zoning.
(6) 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 of light and air due to the
bulk and 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,
overcrowded conditions.
(10) Street and highway congestion, safety and construction costs are
influenced by off-street parking requirements, specifications for
adequate sight distance at intersections, and front yard and set-
back requirements.
(II) Utility, school, park and other public requirements may be more
efficiently provided where zoning indicates future land use and
densities.
TAB L E OF CONTENTS
Section Page
Introduction
Preface
Districts and Map
Application of Regulations II
2
3
Use and Density Schedules III 5
Signs IV II
Parking Requirements V 12
Supplementary Regulations VI 13
Non -Conforming Uses and Buildings, . . . VII 15
Amendments VIII 16
Board of Adjustment, Variances IX 17
Interpretation, Validity, Enforcement X 19
Violations and Penalties XI 20
Definitions X11 21
Repeals and Enactment XIII 27
R E PEA L S AND ENACTMENT 27
Section XIII
I
13.1 Repeals
All resolutions of the County of Weld, inconsistent herewith
to the extent of such inconsistency, and no further, are
hereby repealed.
The repeal of any of the above -mentioned resolutions does not
revive any other resolution or portion thereof repealed by
said resolution.
Such repeals shall not affect or prevent the prosecution or
punishment of any person for the violation of any resolution
repealed hereby, for an offense committed prior to the repeal.
13,2 Enactment
(I) Upon approval and adoption of this resolution, a certified
copy thereof, including all maps herein referred to, shall be
filed as provided by law in the office of the County Clerk
and Recorder of Weld County.
(2) This resolution shal I be in full force and effect after its
approval and adoption as provided by law.
(3) Approved and adopted this elf day of , 1961.
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
B
ATTEST:
e,,y1 • t1
Deputy County Cleric
7
t-`
airman of the Boa d of eounty Comm °one
INTRODUCTION
The zoning of some unincorporated areas in Weld County,
Colorado has been requested by certain residents in order to preserve
the value bf 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 future
development trends. As examples, a new business unit will wish to lo-
cate 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 withoutconflict from normal business expan-
sion.
In order to assist with the zoning of various areas which are
in the path of population expansion in Weld County, the Board of County
Commissioners have appointed 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 responsibilities 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 requirements of Weld 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. Wherever
applicable, provisions of the City of Greeley zoning ordinance have been
used, so that unnecessary confusion of terms may be avoided.
Further information may be obtained by contacting members of the
Weld County Planning Commission or other property owners who have been
appointed on special advisory zoning committees.
PRE F A C E 2
A RESOLUTION ESTABLISHING LAND USE ZONING WITHIN CERTAIN UNIN-
CORFORATED ZONING AREAS IN WELD COUNTY, COLORADO; ADOPTING MAPS OF SAID
AREAS AND ZONING DISTRICTS THEREIN; REGULATING THE USE OF THE LAND AND
THE USE, SETBACK, LOT AREA, LOT WIDTH, YARDS, AND HEIGHT OF BUILDING;
PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT THEREOF; DEFINING
CERTAIN TERMS USED HEREIN; PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS; AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD:
THAT THIS RESOLUTION SHALL APPLY TO THE UNINCORPORATED AREAS
WITHIN THE COUNTY OF WELD, STATE OF COLORADO, AS INDICATED ON THE OFFI-
CIALLY ADOPTED ZONING MAPS OF WELD COUNTY.
DISTRICTS AND M A P
3
Section I
1.1 Establishment of Districts
In order to carry out the provisions of this resolution there
are hereby created and established in Weld County, Colorado, the
following classifications for zoning districts:
A - Agricultural District
E - Estate District
R - Residential District
H - High Density Residential 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
established are as shown on official zoning maps for areas within
Weld County as adopted or amended after public hearings by the
Board of County Commissioners of Weld County. Such maps and all
notations, references, data and other information shown thereon
are by reference hereby made a part of this resolution.
In the event uncertainty shall be deemed to exist on the offi-
cial zoning maps, district boundaries shall be on section lines;
lot lines; the center lines of highways, streets, alleys, railroad
right of ways, or such lines extended; municipal corporate lines;
natural boundary lines, such as streams or lakes; or other lines
to be determined by the Board of Adjustment where uncertainty may
exist.
Where a lot is divided by a zoning district boundary line at
the time of enactment of this resolution or by subsequest amend-
ments, the less restrictive zone requirements may be extended
within the lot into the more restrictive zoning district for a
distance of not more than 50 feet or 10 feet from the lot line
in the more restrictive district.
APPLICATION OF REGULATIONS L4
Section II
2.1 General Application
Except as hereinafter otherwise provided:
I. No building shall be erected and no existing building
shall be moved, altered, added to or enlarged, nor shall
any land, building, or premises be used, designated or
intended to be used for any purpose or in any manner
other than is included among the uses hereinafter listed
as permitted in the district in which such bui Idi ng,
land or premises is located.
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 build-
ing be altered, enlarged or rebuilt, nor shall any open
space surrounding any building be encroached upon or reduced
in any manner, except in conformity to the yard, building
site area and building location regulations hereinafter des-
ignated for the district in which such building or open
space is located.
No yard or other open space provided about any building for
the purpose of complying with provisions of this Resolution
shall be considered as providing a yard or other open space
for any other building, and no yard or other open space on
one lot shall be considered as providing a yard or open
space for a building on any other lot.
2.2 Existing Bui ldi ngs
The regulations contained herein are not retroactive in their
application to existing buildings.
2.3 Agricultural Buildings and Uses
The provisions of this Resolution shall not apply to farm and
ranch dwellings nor to farm and ranch buildings where such dwellings
and buildings are located on a lot of more than forty acres in size,
and where such dwellings and buildings are constructed more than
100 feet from any property line.
USE AND DENSITY SCHEDULES
Section III
3.1 Reference
The following schedules of regulations applying to the use of
the land, and the use, lot area, lot width, height, yards, setback
and floor area of and about buildings, and all other matters con—
tained herein, as indicated for the various districts established
by this Resolution, are hereby adopted and declared to be a part of
this Resolution, and may be amended in the same manner as any other
part of this Resolution. The regulations listed for each district
as designated read either from left to right or top to bottom of
each schedule.
3.2 Listing of Uses
The listing of any use in said schedule as being permitted in
any particular 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 the "A", Agricultural District
All uses permitted in the "E", Estate District as stated
therefore;
airports;
cattle feeding and the raising of fowls, rabbits, hogs
and other animals for commercial use. . .pro—
vided all such commercial feed yards are loca—
ted at least 660 feet from any zoning district
boundary line and from any State or Federal
highway right of way, however, same shall be
approved by the County Commissioners.
cemeteries;
cultivation, storage and sale of crops, vegetables, plants,
flowers and nursery stock produced on the premises;
fairgrounds;
grange halls;
gravel pits and quarries;
oil drilling facilities;
radio transmitting stations;
riding stables;
veterinary hospitals.
USE AND DENSITY SCHEDULES 6
3.11 Uses Permitted in the "E", Estate District
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 main-
tained;
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 repair or storage facil-
ities are maintained;
special accessory uses, which are naturally and normally
incidental to, subordinate to and devoted ex-
clusively to the main use of the premises and
including (but not confined to) private garages,
incinerators, identification signs, home occu-
pations, and private swimming pools.
3.5 Uses Permitted in the "R", Residential District
(I) All uses permitted in the "E", Estate District as
stated therefore.
3.6 Uses Permitted in the "H", High Density Residential District
(I)
(2)
(3)
(Li)
(5)
(6)
(7)
(8)
All uses permitted in the "R", Residential District as
stated therefore;
boarding and rooming houses;
colleges and private schools;
dormitories, sorority and fraternity houses;
hospitals, rest homes, convalescent homes, and nursing
homes;
multi -family dwellings;
pre-school age nurseries;
two-family dwellings.
USE AND DENSITY SCHEDULES 7
3.7 Uses Permitted in the "T", Transitional District
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
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;
trailer courts;
undertaking establishments.
3.8 Uses Permitted in the "B", Business District
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lo)
(12)
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 of a commercial, industrial or manufacturing
nature;
places of amusement or recreation;
places of assembly;
places serving food or beverages;
studios;
theaters.
3.9 Uses Permitted in the "C", 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 lumber yards;
cabinet making and carpenter shops;
cleaning and dyeing establishments;
dairy processing and distribution plants;
frozen food lockers;
ice and cold storage plants;
USE AND DENSITY SCHEDULES 8
3.9 (contd.)
(15)
(16)
(17)
(is)
((9)
(20)
(21)
(22)
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 petro-
leum products;
tin shops;
upholstery shops;
used car lots;
veterinary hospitals,
3.10 Uses Permitted in the "I", Industrial District
(I) All uses permitted in the "C", Commercial District as stated
therefore, except that all uses specifically listed
in the "H", High Density Residential District and
in the "T", Transitional District shall not be per-
mitted in the "I", Industrial District;
(2) The following operations shall have the approval of the Board
of County Commissioners:
(a) Any industrial or manufacturing operation;
(b) junk yards and salvage yards;
(c) sanitary land fill and dumping operations;
(d) slaughter houses and packing houses.
3.11 Uses Permitted in the "S", Scientific District
(I) All uses permitted in the "E", Estate District as stated
therefore;
(2) Any kind of scientific, research, manufacturing, compounding,
assembling, processing or treatment of products or
experimental materials. . .provided the following
limitations are placed on all such uses:
(a) All permitted uses shall be operated en-
tirely within an enclosed structure;
(b) dust, fumes, odors, refuse matter, smoke,
vapor, noise, lights and vibration
shall be confined to the premises of
the lot upon which such use is loca-
ted; and
(c) travel and parking portions of the lot
shall be surfaced with asphalt, con-
crete or equivalent paving.
USE AND DENSITY SCHEDULES 9
3.t2 All zoning districts shall comply with the following schedule
for Minimum Setback of Buildings, Minimum Lot Area per Dwelling
and the Minimum Lot Width per Dwelling.
District
Minimum
Setback (I)
(feet)
Minimum
Lot Area (2)
(sq. feet)
Minimum
Lot Width (2)
(feet)
A
E
R
H
T
B
c
I
S
*
Alternate s
Alternate s
Alternate s
50
50
50
50
50
50
50
50
50
140,000
13,000
13,000
6,500
13,000
6,500
13,000
6,500
*
*
*
180
90
6o
6o
60
b0
bo
60
*
*
*
140,000 180
Due to varying requirements, minimum standards shall be established
for each use by the Weld County Health Department.
(I) All setbacks are measured to the center line of the right of way; the
minimum setback for all lots fronting on Federal or State numbered
highways shall be 75 feet.
(2) "Alternate s" means that the dwelling is connected to a public sewerage
system and to a public water system.
USE AND DENSITY SCHEDULES 10
3.13 All zoning districts shall comply with the following schedule for
Minimum Side Yards, Minimum Rear Yards and Maximum Height of
Bui Idi ngs:
Minimum
Side Yards (I)
District (each yard in feet)
Minimum
Rear Yard (2)
(feet)
A
E 10
R 5
H 5
T 5
B *
C *
l *
S 10
No restrictions
*
20
20
20
20
20
20
20
20
Maximum Height
of Buildings
(feet)
*
Lo
LO
Lo
Lo
Lo
Lo
*
L0
(1) The minimum side yard along a street on a corner lot shall be the
same as the setback requirement for such zone.
(2) The minimum rear yard may be measured to the center line of an alley
where an alley abuts the rear lot fine.
SIGNS
I
Section IV
The following regulations shall govern the location, area, and
type of signs permitted within the County:
lu.l Residential Areas
The following signs shall be permitted in the A, E, R, and H
Districts:
(I) One identification sign per residential use provided such
sign does not exceed one square foot in area and is
unlighted.
(2) One identification sign per public or semi—public use
provided such sign does not exceed ten square feet
in area.
(3) One sign for the prospective rental or sale of a property
provided such sign does not exceed six square feet
in area and is unlighted.
)4.2 Transitional and Scientific Districts
All signs in the T and S Districts —
shall be for identification of a business or products sold
on the premises;
shall not be limited in surface area when located within
fifteen inches of the exterior walls of the building;
when projecting or free standing, shall be limited to a
total surface area of one square foot of sign (or
total signs) for each lineal foot of business building
frontage, provided no one sign shall exceed 50 square
feet in area,
4.3 General Sign Requirements
(I)
(2)
No "revolving beacon" or "fountain" signs shall be per—
mitted in any district.
No sign in any district shall conflict in any manner with
the clear and obvious appearance of public devices
controlling public traffic.
PAR K I N G REQUIREMENTS 12
Section V
5.1 Space Required
There shall be required in connection with the construction or
addition to any of the following buildings and uses, off-street
parking space as hereinafter designated:
(I)
dwellings one space for each dwelling unit;
(2) churches, hospitals, and
other public buildings
(except schools). . . .
(3)
one space for 100 square feet of
floor area;
hotels, motels, rooming
and boarding houses and
similar accommodation
units one space for every rental unit;
(4) places serving food and
beverages one space for every 100 square
feet of building floor area;
(5) all other business and
commercial uses one space for every 200 square
feet of building floor area;
(6) Industrial and manufac-
turing establishments . . one space for every h employees.
5.2 Description of Spaces
Each off-street parking space shall be not less than 10 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 with-
in 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 build-
ing 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
(I) general
6.2 Minimum Lot Area and
Minimum Lot Width
in any zoning district where a bui I d-
ing, structure, or use is enumerated,
any other building, structure or use
which is similar to those enumerated
and not more obnoxious or detrimental
to the area in which it is located,
shall be permitted.
(I) established lots where an individual lot was held in
separate ownership from adjoining prop-
erties or was platted and recorded at
the time of passage of this resolution,
and has less area and/or less width than
required in other sections of this reso-
lution, such a lot may be occupied
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 required
for another building.
6.3 Minimum Yards
(1)
reduction
no part of a yard required for any build-
ing 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 unob-
structed except as otherwise provided herein.
(2) architectural features. cornices, canopies, eaves or similar archi-
tectural features may extend into a re-
quired yard not more than 2 feet.
(3) porches open, unenclosed, uncovered porches at
ground level may extend into a required
yard not more than 6 feet.
SUPPLEMENTARY REGULATIONS IL{
6.3 (contd.)
(0+)
(5)
fire escapes
accessory buildings.
(6) reversed corner lots
64 Maximum Height of Buildings
(t)
special exceptions
fire escapes may extend into a required
yard not more than 6 feet.
permitted accessory buildings may be
located in the required rear yard for
a principal building.
the side yard along the street side of
a reversed corner lot shall be not less
than the required front yard for princi-
pal buildings along such a side street.
the height limitations of this resolution
shall not apply to church spires, belfries,
cupolas, penthouses, or domes not used for
human occupancy, nor to chimneys, venti-
lators, skylights, water tanks, silos,
parapet walls, cornices without windows,
antennas, or necessary mechanical appurten-
ances usually carried above the roof level.
NON -CONFORMING USES AND BUILDINGS 15
Section VII
Except as provided in this section, the lawful use and location
of any building or land existing at the time of enactment of this resolu-
tion, 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 Maintenance
(I) Ordinary repairs and maintenance of a non -conforming building
shall be permitted,
7,2 Restoration
(I) A non -conforming building which has been damaged by fire or
other causes may be restored to its original condition, pro-
vided such work is commenced within one year of such calamity,
7,3 Abandonment
(I)
Whenever a non -conforming use has been discontinued for a period
of one year, such use shall not thereafter be reestablished, and
any future use shall be in conformance with the provisions of
this resolution.
7,4 Change in Use
(I)
A non -conforming use shall not be changed to a use of lower, or
less restrictive classification; such non -conforming use may,
however, be changed to another use of the same or higher classi-
fication,
7.5 Extensions
(I) A non -conforming use shall not be extended,
AMENDMENTS
16
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 amendments:
(I) Study and recommendation of the proposed amendment by the
Weld County Planning Commission.
(2) Completion of a public hearing before the Board of County
Commissioners after 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 circula-
tion within the County.
8.2 Special Procedure
Before submitting a report and recommendation on any proposed
amendment to this resolution, as required in No. l above, the County
Planning Commission shall hold a public hearing on the proposed am-
endment in which event the fol lowi ng special conditions shall be
required:
(I) A notice of said hearing shall be published once in a news-
paper 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 Plan-
ning Commission, 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 the prop-
erty owners within the area in question, and within 500 feet
of the area in question. Mailing such notice shall be dis-
cretionary with the County Planning Commission and failure
to mail such notice shall not affect the validity of any
hearing or determination of the Planning Commission,
(3)
For proposed amendments to the "Zoning Area Map", a fee of
$25.00 shall be charged to cover the cost of advertising
and processing. For all other proposed amendments, a fee
of $10.00 shall be charged to cover such cost.
BOARD OF ADJUSTMENT, VARIANCES 17
Section IX
The Board of Adjustment of the County of Weld shall have the
following functions and powers in respect to this resolution:
9.1 Appeals to the Board of Adjustment
(I)
Appeals to the Board of Adjustment may be taken by any person
aggrieved by his inability to obtain a building permit, or by
the decision of any administrative officer or agency based upon
or made in the course of the administration or enforcement of
the provisions of this resolution. Appeals may be taken by any
officer, department, board or bureau of the county affected by
the granting or refusal of a building permit or other decision
of an administrative office or 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.
Upon appeals the Board of Adjustment shall have the following
Dowers:
(a)
To hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement,
decision or refusal made by an administrative official or
agency based on or made in the enforcement of this resolu-
ti on,
(b) To hear and decide, in accordance with the provisions of
this resolution as hereafter provided, requests for special
exceptions or for interpretation of the zoning map or for
conditional use o^rmi is as provided in this resolution.
(c) Where by reason of exceptional narrowness, shallowness or
shape of a specific piece of property at the time of en-
actment of this resolution, or by reason of exceptional
topographic conditions of such piece of property, the
strict application of any regulation enacted under this
resolution would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hard-
ship upon, the owner of such property, a variance from
such strict application may be granted so as to relieve
such difficulties or hardship; provided, however, that
such relief may be granted without substantial detriment
to the public good and without substantially impairing
the intent and purpose of this zoning resolution; and that
there are exceptional circumstances applying to the specific
piece of property which do not apply generally to the re-
maining property in the same zoning area or neighborhood.
BOARD OF ADJUSTMENT, VARIANCES 18
9.1 (contd.)
(d) To permit the extension of a non -conforming use throughout
a lot or any building thereon upon such terms and condi-
tions as the Board of Adjustment shall deem just and proper;
provided, that such extension may be granted without sub-
stantial detriment to the public good and without substan-
tially impairing the intent and purpose of this zoning reso-
lution.
9.2 Procedure
(I) All meetings and hearings of the Board of Adjustment shall be
open to the public.
(2) A notice of a hearing to be held by the Board of Adjustment on
all appeals presented to such Board shall be 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 class mail at least 7 days prior to the hearing date to
owners of property within 500 feet of the property in question.
Mailing such notice shall be discretionary with the Board of Ad-
justment and failure to mail such notice shall not affect the
validity of any hearing or determination of the Board of Adjustment.
(3)
(5)
Upon application for variances which do not relate to the use re—
quirements 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.
Mailing such notice shall be discretionary with the Board of Ad-
justment and failure to mail such notice shall not affect the
validity of any hearing or determination of the Board of Adjustment.
For variances relating to the use requirements of this resolution,
a fee of $25.00 shall be charged to cover the cost of advertising
and processing. For all other variance requests, a fee of $10.00
shall be charged to cover such costs.
INTERPRETATION, VALIDITY, ENFORCEMENT 19
Section X
10.1 Interpretation
(I)
In their interpretation and application, the provisions of this
resolution shall be held to be minimum requirements adopted for
the promotion of the public health, safety and welfare. When-
ever the requirements of this resolution are at variance with
the requirements of any other lawfully adopted rules, regula-
tions or resolutions, the more restrictive, or that imposing
the higher standards shall govern.
10.2 Validity
(I)
Should any section, clause or provision 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 thereof, other than the part so declared
to be invalid.
10.3 Enforcement
(I)
It shall be unlawful to erect, construct, reconstruct, alter
or change the use of any building or other structure within the
zoned area in Weld County without obtaining a building permit
from the Board of County Commissioners or its authorized repre-
sentative, and the Board of County Commissioners or its author-
ized representative shall not issue any permit unless the plans
of and for the proposed erection, construction, 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 be charged by Weld
County, except that all construction with a total cost of less
than $100.00 sha l l be exempt from paying a building permit fees
VIOLATIONS AND PENALTIES 20
Section XI
11.1 General
It shall be unlawful to erect, construct, reconstruct, alter,
maintain or use any building orstructure or to use any land in vio-
lation of any provision of this zoning resolution, or any amendment
thereof. Any person, firm or corporation, either as owner, lessee,
occupant or otherwise, who violates any of the provisions of this
resolution, or any amendment thereof, or who interferes in any manner
with any person in the performance of a right or duty granted or im-
posed upon him by the provisions of this resolution, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be fined not
more than One Hundred Dolrars ($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 or structure is, or is proposed to be
erected, constructed, reconstructed, altered, maintained or used,
or any land is proposed to be used, in violation of any provision
of this resolution, or any amendment thereof, the Board of County
Commissioners of the County of Weld, the District Attorney in and
for the County of Weld, or any owner of real estate within the
zoned area, in addition to other remedies provided by law, may in-
stitute injunction, mandamus, abatement or any other appropriate
action or proceeding to prevent, enjoin, abate or remove such un-
lawful erection, construction, reconstruction, alteration, main-
tenance, or use.
DEFINITIONS 21
Section XI1
12.1 General
When not inconsistent with the content, words used in the present
tense include the future; words in the singular number include the
plural number; words in the plural number include the singular number;
and the masculine includes the feminine.
12.2 Terms and Words
For the purpose of this resolution certain terms and words are
hereby defined as follows:
(I) "Accessory Bui I di ng"
A detached subordinate building, the use of which is customarily
incidental to that of the main building or to the main use of the
land 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 Use"
A use naturally and normally incidental to, -subordinate to, and
devoted exclusively to the main use of the premises.
(3) "Alley"
A public thoroughfare, not exceeding 35 feet in width which
affords only a secondary means of access to abutting property.
() "Area, Minimum 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
compensation, three or more boarders or roomers, not including
members of the occupant's immediate family who might be occupy-
ing such building. The word "compensation" shall include pay-
ment in money, services or other things of value.
(6) "Building"
Any permanent structure built for the shelter or enclosure of
persons, animals, chattels or property of any kind and not in-
cluding advertising sign boards or fences.
DEFINITIONS 22
(7)
"Building Height"
The vertical distance from the "grade" to the highest point of
the roof surface.
(8) "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 poultry or live-
stock or feeding of dairy cattle where more than 300 fowls or
animals are kept in a restricted area and where less than 50
percent of the roughage type feed such as hay or ensilage for
such poultry or livesfiock is produced by the owner on his im-
mediate farm owned or leased property.
(10) "Dwelling"
Any building or portion thereof which is used as the private
residence or sleeping place of one or more human beings, but
not including hotels, motels, tourist courts, resort cabins,
clubs, hospitals, or similar uses. All dwellings shall contain
at least b00 square feet of floor area as measured along the
outside walls of the building.
(II) "Dwelling, One Family"
A detached building designed exclusively for, and occupied by
one family.
(12) "Dwelling, Multiple Family"
A building occupied by two or 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.
( lLi) "Fami I y"
A family is any number of persons living and cooking together
on the premises as a single dwelling unit, but it shall not
include a group of more than three individuals not related by
blood or marriage.
DEFINITIONS �3
(15) "Farm, Ranch, and Garden Buildings and Uses"
Those buildings and structures used to shelter or enclose live-
stock, poultry, feed, flowers, field equipment, dairy operations
or similar uses; and those uses of land devoted to raising of
crops, poultry, or livestock - provided more than 50 percent of
the roughage type feed such as hay and ensilage for such poultry
or livestock is produced by the owner on his immediate farm
owned or leased property.
(16) "Grade"
Grade (ground level) is the average of the finished ground level
at the center of all walls of a building. In case walls are
within 25 feet of a sidewalk, said ground level shall be measured
at the sidewalk.
(17) "Home Occupation"
Any use conducted principally within 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, provided that no article
is sold or offered for sale except such as may be produced by
members of the immediate family residing on the premises.
(18) "Hospital"
Any building 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 convales-
cent homes.
(19) "Hotels and Motels"
Any building or portion thereof containing six or more guest
rooms used, designed to be used, let or hired our for 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
odd pieces of metal, paper, glass, or other material, which
may or may not be partly or wholly assembled into useful ob-
jects, motor vehicles, or machinery.
(21) "Kennel"
Any lot or premises on which four or more animals at least four
months of age are harbored.
DEFINITIONS
(22) "Lot"
21j
A parcel of land occupied or to be occupied by a building or
group of buildings and any accessory buildings identified with
each, together with such open areas as are required under this
resolution, and having its principal frontage on a public right
of way.
(23) "Lot, Reversed Corner"
A corner lot having its side street line substantially a con-
tinuation of the front lot line of the first lot to its rear,
(2L,) "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, Rear"
The line opposite the front lot line.
(26) "Lot Line, Side"
Any lot lines other than front lot lines or rear lot lines°
(27) "Membership Club"
An association of persons, whether incorporated or unincorpora-
ted for some common purpose but not including groups organized
primarily to render a service carried on as a business.
(28) "Non -Conforming Buildings"
A building or structure or portion thereof built prior to the •
effective date of this resolution, or any amendment thereto and
conflicting with the provisions of this resolution applicable
to the zone in which it is situated.
(29) "Non -Conforming Use"
The use of a structure or premises conflicting with the provis-
ions of this resolution.
(30) "Occupied"
The word "occupied" includes arranged, designed, built, altered,
converted, rented or leased, or intended to be occupied.
DEFINITIONS �5
(31) "Outdoor Advertising Signs"
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, bush, rock, post,
fence, building, structure or thing whatsoever.
(
32
"Person"
The word "person" shall also include association, firm, co-
partnership, or corporation.
(33) "Professional Office"
An office for professions such as physicians, dentists, lawyers,
architects, engineers, artists, musicians, designers, teachers,
realtors, accountants, and others, who through training are quali-
fied to perform services of a professional nature, and where no
storage or sale of merchandise exists.
(3),) "Public Water and Public Sewer Facilities"
Those facilities of a municipality or sanitation district approved
by the Weld 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 center line of the adjoining street 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
which 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".
(38) "Structure"
Anything constructed or erected, which requires location on the
ground or attached to something having a location on the ground,
but not including fences or walls used as fences less than six
feet in height, poles, lines, cables, or other transmitting or
distribution facilities of public utilities.
DEFINITIONS
26
(39) "Trailer Court"
An area for the temporary placing of movable vehicle, designed
and used for human occupation and housekeeping.
(!,0) "Use"
The purpose for which land or building is designed, arranged,
or intended, or for which either is or may be occupied or main-
tained.
(Li) "Used Car Lots"
A retail sales area for the sale of automobiles which are in
such condition as to meet all requirements of the State and
County for license and operation.
042) "Width of Lot"
The distance parallel to the front lot line measured between side
lot lines through that part of the building or structure where
the lot is narrowest.
(L,3) "Yard"
An open space other than a court, on a lot, unoccupied and unob-
structed from the ground upward, except as otherwise provided in
this resolution.
(lilt) "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.
(15) "Yard, Rear"
A yard extending across the full width of the lot between the
rear lot line and the nearest line or point of the building.
(l16) "Yard, Side"
A yard extending from the front yard to the rear yard between
the side lot line and the nearest line or point of the building
or accessory building attached thereto.
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