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HomeMy WebLinkAbout640229.tiffOFF}GIAL 346%4 OFFICIAL ZONING RESOLU- TION 70N IN RESOLUTION FOR USE IN AREAS ZONED IN \Jv/ELO COUNTYS CCL0P',AD0 REVISED CCT OBER , 1964 WELD COUNTY PLANNING CCMM1551 4 ,D1 REVISED ON CCTCBER 5, 1964, ay BOARD CF CCUNTY CCMMISSI CNERS ELMER L. SHULTZ T. V. REED M. H. EWING WELD COUNTY PLANNING COMMISSION GEORGE MOSIER, CHAIRMAN PRICE HOPKINS, VICE CHAIRMAN JOHN WATSON A. A. TINN ROLAND E. PALMQUIST, PLANNING ADMINISTRATOR FLORENCE CUTLER, SECRETARY TRAFTCN BEAN AND ASSOCIATES TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 PREFACE 2 DISTRICTS AND MAP I 3 APPLICATION OF REGULATIONS II 4 USE AND DENSITY SCHEDULES III 53 SIGNS IV 11 PARKING REQUIREMENTS V 12 SUPPLEMENTARY REGULATIONS VI 13 NON -CONFORMING USES AND BUILDINGS VII 15 AMENDMENTS VIII 16 BOARD OF ADJUSTMENT, VARIANCES IX ?8 INTERPRETATION, VALIDITY, ENFORCEMENT X 20 VIOLATIONS AND PENALTIES XI 21 DEFINITIONS XII 22 REPEALS AND ENACTMENT XII 28 (7) PURPOSE ZONING PROVIDES THE SAME TYPE OF COMMON SENSE DIVISIOIS CF 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 DIS- TRICTS MAY BE PRESERVED IN LOCATIONS WITH GOOD ACCESS TO MAIN TRAVEL ROUTES AND UTIL- ITIES. IN GENERAL, THE PUBLIC HEALTH, SAFETY AND WELFARE ARE PROMOTED THROUGH ZONING IN THE FOLLOWING WAYS: (1) 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 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. (8) (g) INCREASED SAFETY AND CONSEQUENT LOWER FIRE INSURANCE RATES RESULT FROM THE PREVENTION OF OVERCROWDING AND SEGREGATION OF HAZARDOUS USES. RESIDENTS ARE PROTECTED AGAINST LOSS OF LIGHT AND AIR DUE TO THE BULK AND PROXIMITY OF NEIGHBORING DEVELOPMENTS. FIRE FIGHTING EFFICIENCY IS AIDED BY THE RESERVATION OF FRONT, SIDE AND REAR YARDS. PUBLIC HEALTH IS PROTECTED FROM DISEASES RESULTING FROM UNSANITARY, OVERCROW- DED CONDITIONS. (10) STREET AND HIGHWAY CONGESTION, SAFETY AND CONSTRUCTION COSTS :kRE INFLUENCED BY OFF-STREET PARKING REQUIREMENTS, SPECIFICATIONS FOR ADEQUATE SIGHT DIS- TANCE AT INTERSECTIONS, AND FRONT YARD AND SETBACK REQUIREMENTS. (11) UTILITY. SCHOOL, PARK AND OTHER PUBLIC REQUIREMENTS MAY BE MORE EFFICIENTLY PROVIDED WHERE ZONING INDICATES FUTURE LAND USE AND DENSITIrS. INTRODUCT I ON 1 THE ZONING OF SOME UNINCORPORATED AREAS IN DELD 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. AS 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 I'IELD 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 GELD 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 AVOI- DED. FURTHER INFORMATION MAY BE OBTAINED BY CONTACTING MEMBERS OF THE WELD COUNTY PLANNING COMMISSION OR OTHER PROPERTY OWNERS WHO HAVE BEEN APPOINTED ON SPECIAL AD- VISORY ZONING COMMITTEES. PREFACE 2 A RESOLUTION ESTABLISHING LAND USE ZONING 171 THIN CERTAIN UNINCORPORATED ZON- ING 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 CF BUILDING; PROVIDING FCR THE ADJUSTMENT, ENFORCEMENT AND AMEND- MENT THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PRESCRIBING PENAL? ICS FOR THE VIOLATfCN OF ITS PROVISIDNS; AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREV.ITH. BE IT RESOLVED BY THE BOARD OF COUNTY COMM 'SS! CNERS OF THE COUNTY OF WELD: THAT THIS RESOLUTION SHALL APPLY TO THE LDIINCORPORATED AREAS WITHIN THE COUN- TY CF "OLD, STATE CF COLORADO, AS INDICATED CN THE CFFICIALLY ADCPTEP ZONING LIAPS CF C CLCRAD O. DISTRICTS AND MAP 3 SECT I CN I 1.1 ESTABLISHMENT OF DISTRICTS IN ORDER TO CARRY OUT THE PROVISIONS OF THIS RESOLUTION THERE ARE HERE- BY CREATED AND ESTABLISHED IN WELD COUNTY, COLORADO, THE FOLLOWING CLASSIFI- CATIONS FOR ZONING DISTRICTS: A - AGRICULTURAL DISTRICT A-1 - AGRICULTURAL DISTRICT E - ESTATE DISTRICT R - RESIDENTIAL DISTRICT H HIGH DENSITY RESIDENTIAL DISTRICT MH MOBILE HOME DISTRICT - TRANSITIONAL DISTRICT B - BUSINESS DISTRICT C - COMMERCIAL DISTRICT - 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 ARE BY 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 HIGHOAYS, STREETS, ALLEYS, RAILROAD RIGHT OF WAYS, OR SUCH LINES EXTENDED; MUNICIPAL CORPORATE LINES; NATURAL BOUNDARY L1NEs, SUCH AS STREAMS OR LAKES; OR OTHER LINES TO BE DETERMINED BY THE BOARD OF ADJUSTMENT WHERE UNCERTAINTY MAY EXIST. OHERE A LOT IS DIVIDED BY A ZONING DISTRICT BOUNDARY LINE AT THE TIME OF ENACTMENT OF THIS RESOLUTION 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 MORE RESTRICTIVE DISTRICT. APPLICATION OF REGULATIONS 4 SECTICN II 2.1 GENERAL APPLICATION EXCEPT AS HEREIN AFTER OTHERWISE PROVIDED: 1. 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 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 BE ALTER- ED, ENLARGED OR REBUILT, NOR SHALL ANY OPEN SPACE SURROUNDING ANY BUIL- DING BE 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 SPACE IS LOCATED. 4. 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 BUILDINGS THE REGULATIONS CONTAINED HEREIN ARE NOT RETROACTIVE IN THEIR APPLICA- TION 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 DWELL- INGS AND BUILDINGS ARE CONSTRUCTED MORE THAN 100 FEET FROM ANY PROPERTY LINE. USE AND DENSITY SCHEDULES 5 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 CONTAINED HEREIN, AS INDICATED FOR THE VARIOUS DISTRICTS ESTABLISHED DY THIS RESOLUTION, ARE HEREBY ADOPTED AND DECLARED TO OE A PART OF THIS RESOLUTION, AND MAY BE AMENDED IN THE SAME MAN- NER 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 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 THE "A" AGRICULTURAL DISTRICT (1 ) ALL USES PERMITTED IN THE "E", ESTATE DISTRICT AS STATED THEREFORE; (2 ) AIRPORTS; (3) CATTLE FEEDING AND THE RAISING OF FOWLS, RABBITS, HOGS AND OTHER ANI- MALS FOR COMMERCIAL USE, PROVIDED EACH OF THE FOLLOWING CONDITIONS IS MET: (4) (5) (6) (7) (a) (9) (10) (11) (12) COMMERCIAL FEED YARDS SHALL DE LOCATED AT LEAST 660 FEET FROM ANY RESIDENCE ON ANOTHER LOT, FROM ANY PUBLIC PLACE OF ASSEMBLY, AND FROM ANY E, R, H, MH, T, B OR S ZONING DISTRICT BOUNDARY LINE; COMMERCIAL FEED YARDS SHALL BE LOCATED AT LEAST 660 FEET FROM ANY STATE OR FEDERAL HIGHWAY RIGHT OF WAY; AND ALL SUCH USES SHALL BE APPROVED AS TO LOCATION BY THE BOARD OF 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 DEN S I T Y SCHEDULES 6 3.3-A USES PERMITTED IN THE ^A-1", AGRICULTURAL DISTRICT (1) (2) ALL USES PERMITTED IN THE ETA", AGRICULTURAL DISTRICT AS STATED THERE- FORE, EXCEPT ITEM 3.3 (3); ANY NON-COMMERCIAL FEEDING OPERATION IN CONJUNCTION WITH A FARMING OP- ERATION PROVIDING THE FOLLOWING CONDITIONS ARE MET: (A) (e) (C) FEED YARDS SHALL BE CONSTRUCTED OR EXPANDED AT LEAST 660 FEET FROM ANY RESIDENCE ON ANOTHER LOT, FROM ANY PUBLIC PLACE OF AS- SEMBLY, AND FROM ANY E, R, H, MH, T, B OR S ZONING DISTRICT BOUN- DARY LINE; ALL FEED LOTS, NOT IN CONJUNCTION WITH A FARMSTEAD, SHALL BE LO- CATED AT LEAST 660 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 DISTRICT (1 ) CHURCHES AND CHURCH SCHOOLS; ( 2 ) CROP, GRAZING, ORCHARD AND GARDEN USES; (3 ) FARM, RANCH, AND GARDEN BUILDINGS AND USES PROVIDED COMMERCIAL FEED YARDS OR KENNELS ARE NOT MAINTAINED; (4) ONE -FAMILY DWELLINGS; (5 ) PUBLIC PARKS, PLAYGROUNDS, AND OTHER PUBLIC RECREATION AREAS OWNED AND OPERATED BY A GOVERNMENTAL OR OTHER NON-PROFIT AGENCY; (6) PUBLIC SCHOOLS; (7) PUBLIC UTILITY MAINS, LINES AND SUBSTATIONS . . WHERE NO PUBLIC OFFICE AND NO REPAIR OR STORAGE FACILITIES ARE MAINTAINED; (8 ) SPECIAL ACCESSORY USES, WHICH 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 "R", RESIDENTIAL DISTRICT (1) ALL USES PERMITTED IN THE "E", 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'DING AND ROOMING HOUSES; CCLLEGES 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 DEN S I T Y SCHEDULES 3.6-A USES PERMITTED IN THE "MH"t MOBILE HOME DISTRICT ("1 ) (2) (3) 7 INDEPENDENT MOBILE HOMES MOBILE HOME PARKS, INCLUDING ACCESSORY BUILDINGS AND USES FOR SERVICE AND RECREATION, PROVIDED EACH MOBILE HOME PARK IS CONSTRUCTED ACCORDING TO THE MOBILE HOME PARK REGULATIONS OF WELD COUNTY. MOBILE HOME SUBDIVISIONS PROVIDED THE FOLLOWING CONDITIONS ARE MET: (A) THE MINIMUM LOT AREA AND MINIMUM SETBACK PER MOBILE HOME SHALL BE (B) (C) THE SAME AS REQUIRED FOR A DWELLING IN THE "R", RESIDENTIAL DIS- TRICT; THE SUBDIVISIONS SHALL CONFORM TO ALL REQUIREMENTS OF THE SUBDI- VISION REGULATIONS OF WELD COUNTY; AND EACH MOBILE HOME SUBDIVISION SHALL BE REQUIRED TO MEET THE STAND- ARDS OF THE MOBILE HOME AND MOBILE HOME PARK REGULATIONS OF CELD COUNTY REGARDING "WATER SUPPLY", "SEWAGE DISPOSAL", "REFUSE DIS- POSAL", "ELECTRICITY", "FUEL", AND "ALTERATIONS AND ADDITIONS". 3.7 USES PERMITTED IN THE "T", TRANSITIONAL DISTRICT (1) 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 "8", BUSINESS DISTRICT (1 ) (2) (3 ) (4) (5) /(6 ) ((7) (8) (g) (10) (11) (12) ALL USES PERmITTED IN THE "T", TRANSITIONAL DISTRICT AS STATED THERE- FORE; AUTOMOBILE PARKING AREAS; BANKS; GASOLINE SERVICE STATIONS; OFFICES; PERSONAL SERVICE SHOPS; PLACES FOR THE CONDUCT OF ANY RESTRICTED RETAIL BUSINESS NOT OF A COM- MERCIAL, 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 SCHEDULES 8 3.9 USES PERMITTED IN THE Ii Cl1 COMMERCIAL DISTRICT (6) (7) (8) (g) (1 O) (11 ) (12) (13) (14) 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; FROZEN FOOD LOCKERS; ICE AND COLD STORAGE PLANTS; LAUNDRIES; MACHINE SHOPS; MANUFACTURE OF HANDICRAFT PRODUCTS; PLACES FOR THE CONDUCT OF ANY COMMERCIAL, OF AN INDUSTRIAL OR MANUFACTURING NATURE; (15 PLUMBING SHOPS; (16 PRINTING AND PUBLISHING ESTABLISHMENTS; (17) ROOFING SHOPS; (18) STORAGE WAREHOUSES; STORAGE OF OIL, GASOLINE AND PETROLEUM PRODUCTS; (19) TIN SHOPS; (20) UPHOLSTERY SHOPS; (21) USED CAR LOTS; (22) VETERINARY HOSPITALS. 3.10 USES PERMITTED IN THE "I", INDUSTRIAL DISTRICT OR WHOLESALE ACTIVITY --- NOT ALL USES PERMITTED IN THE "C", COMMERCIAL DISTRICT AS STATED THEREFORE; EXCEPT THAT ALL USES SPECIFICALLY LISTED IN THE "H", HIGH DENSITY RES- IDENTIAL DISTRICT AND IN THE "T", TRANSITIONAL DISTRICT SHALL NOT BE PERMITTED IN THE "I", INDUSTRIAL DISTRICT; THE FOLLOWING OPERAT IONS SHALL HAVE THE APPROVAL OF THE BOARD OF COUNTY COmI:t1SS I ONERS: /(A ) (B) (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 ) ALL USES PERMITTED IN THE "E", ESTATE DISTRICT AS STATED THEREFORE; (2) ANY KIND OF SCIENTIFIC, RESEARCH, MANUFACTURING, COMPOUNDING, ASSEMBL- ING, PROCESSING OR TREATMENT OF PRODUCTS OR EXPERIMENTAL MATERIAL . . . PROVIDED THE FOLLOWING LIMITATIONS ARE PLACED ON ALL SUCH USES: (C) U'SE AND DEN S I T Y SCHEDULES 9 • 3.11 UsE PERMITTED IN THE "S", SCIENTIFIC DISTRICT (CONTINUED) ALL PERMITTED USES SHALL BE OPERATED ENTIRELY WITHIN AN ENCLOSED STRUCTURE; DUST, FUMES, ODORS, REFUSE ?.RATTER, SMOKE, VAPOR, NOISE, LIGHTS, AND VIBRATION SHALL BE CONFINED TO THE PREMISES OF THE LOT UPON WHICH SUCH USE IS LOCATED, AND TRAVEL AND PARKING PORTIONS OF THE LOT SHALL BE SURFACED WITH AS- PHALT, CONCRETE OR EQUIVALENT PAVING. 3.12 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLOWING SCHED- ULE FOR MINIMUM SETBACK CF BUILDINGS, MINIMUM LOT AREA PER PRINCIPAL USE AND THE MINIMUM LOT WIDTH PER PRINCIPAL USE. DISTRICT A A-1 E R ALTERNATE S H ALTERNATE S MH T ALTERNATE 5 8 C v MINIMUM MINIMUM LOT AREA (1) LOT 010TH (50. FEET) (FEET) 40,000 180 40,000 180 13,000 90. 13,000 60. 6,500, 60 13,000 60 6,500 60 5 ACRES 330 13,000 60 6,500 60 ♦ M • • 40,000 180 MINIMUM SETBACK (FEET FROM THE FRONT) LOT LINE 50 50 20 20. 20 25 25 25 25 25 25 LARGER LOT AREAS MAY BE REQUIRED BY THE OELO 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 5" MEANS THAT THE DWELLING 1S CONNECTED TO A PUBLIC SEWERAGE SYSTEM AND TO A PUBLIC WATER SYSTEM. DUE TO VARYING REQUIREMENTS, MINIMUM STANDARDS SHALL BE ESTABLISHED FOR EACH USE BY THE I'.IELD COUNTY HEALTH DEPARTMENT. USE AND DEN S I T Y SCHEDULES 10 3.13 PERMITTED USES IN ALL ZCNING DISTRICTS SHALL COMPLY DITH THE FOLLOWING SCHED- ULE FCR MINIMUM SIDE YARDS, MINIMUM REAR YARDS AND MAXIMUM HEIGHT OF BUILD- INGS: DISTRICT A A-1 E R H MH T B C NR NO REQUIREMENT MINIMUM SIDE YARDS (1) (EACH YARD IN FEET) NR NR 20 10 10 10 5 NR NR NR 10 MINIMUM MAXIMUM HEIGHT CF REAR YARD (2) BUILDINGS (FEET) (FEET) NR NR 20 20 20 20 20 20 20 20 20 NR NR 40 40 40 40 40 40 40 NR 40 (1 ) THE MINIMUM SIDE 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 MEASURED TO THE CENTER LINE OF AN ALLEY WHERE AN ALLEY ABUTS THE REAR LOT LINE. SIGNS 11 SECTION IV THE FOLLOWING REGULATIONS SHALL GOVERN THE LOCATION, AREA, AND TYPE OF SIGNS PERMITTED WITHIN THE COUNTY: 4.1 AGRICULTURAL, ESTATE, RESIDENTIAL AND MOBILE HOME DISTRICTS THE FOLLOWING SIGNS SHALL BE PERMITTED IN THE A, A-1, E, R, H, AND MH DIS- TRI CTS: (4) CNE IDENTIFICATION SIGN PER RESIDENTIAL USE PROVIDED SUCH SIGN DOES NOT EXCEED ONE SQUARE FOOT IN AREA AND IS UNLIGHTED; CNE SIGN FOR THE PROSPECTIVE RENTAL OR SALE OF A PROPERTY PROVIDED SUCH SIGN DOES NOT EXCEED TEN SQUARE FEET IN AREA AND IS UNLIGHTED; ONE IDENTIFICATION SIGN PER PUBLIC OR SEMI-PUBLIC USE PROVIDED SUCHSIGN DOES NOT EXCEED TWENTY SQUARE FEET IN AREA; ONE IDENTIFICATION SIGN PER MOBILE HOME PARK PROVIDED SUCH SIGN OCES NOT EXCEED TWENTY SQUARE FEET IN AREA. 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 PREM- ISES; SHALL NOT BE LIMITED IN SURFACE AREA WHEN LOCATED BELOW THE ROOF LINE AND 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 BUILDING WIDTH, PROVIDED NO ONE SIGN SHALL EXCEED 50 SQUARE FEET IN AREA. 4.3 GENERAL SIGN REQUIREMENTS NO "REVOLVING BEACON" OR "FOUNTAIN" SIGNS SHALL BE PERMITTED IN ANY DIS— TRICT. No SIGN IN ANY DISTRICT SHALL CONFLICT IN ANY MANNER WITH THE CLEAR AND OBVIOUS APPEARANCE OF PUBLIC DEVICES CONTROLLING PUBLIC TRAFFIC. No SIGN IN ANY DISTRICT SHALL BE OVER 40' IN HEIGHT. ALL SIGNS SHALL BE SUBJECT TO A MINIMUM SETBACK OF 1/2 THE REQUIRED MIN— IMUM SETBACK FOR THE DISTRICT IN WHICH THE SIGN IS LOCATED. PARKING REQUIREMENTS 12 SECT I ON 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 HEREIN- AFTER DESIGNATED: DWELLING ONE SPACE FOR EACH DWELLING UNIT; (2) (3) CHURCHES, HOSPITALS, AND OTHER PUBLIC BUILDINGS (EXCEPT SCHOOLS) . . ONE SPACE FOR 100 SQUARE FEET OF FLOOR AREA; HOTELS, MOTELS, ROOMING AND BOARDING HOUSES AND SIMILAR AC- COMMODATION 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 MANUFACTURING ES- TABLISHMENTS ONE SPACE FOR EVERY 4 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 WITHIN CONVENIENT WALKING DISTANCE OF THE PRIN- CIPAL 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 IN- CLUDED AS A PART OF AN OFF-STREET PARKING SPACE SIMILARLY REQUIRED FOR ANOTH- ER BUILDING OR USE. SUPPLEMENTARY PEGULA T I ONS 13 SECTION VI 6.1 USES PERMITTED (1 ) GENERAL IN ANY •ZCNINO DISTRICT WHERE A BUILDING, 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 LO- CATED, SHALL BE PERMITTED. (2) MOBILE HOMES MOBILE HOMES FOR PERMANENT USE SHALL BE PER- MITTED ONLY IN THE "MH" , MOBILE HOME DIS- TRICT. MOBILE HOMES FOR TEMPORARY USE MAY BE PERMITTED IN THE A, A-1, R AND H DIS- TRICTS ON AN INDIVIDUAL BASIS,PROVIDED EACH USE IS FIRST APPROVED FOR A SPECIFIED PER- IOD OF TIME BY THE BOARD OF COUNTY COMMIS- SIONERS. BEFORE APPROVING ANY SUCH REQUEST THE BOARD CF COUNTY COMMISSIONERS SHALL HAVE A LETTER OF APPROVAL FROM THE WELD COUNTY HEALTH DEPARTMENT, AND THE BOARD OF COUNTY COMMISSIONERS SHALL HOLD A PUBLIC HEARING ON THE REQUEST, NOTIFICATION OF WHICH SHALL BE GIVEN TO ALL OWNERS OF PROPERTY LOCATED ADJACENT TO THE SITE IN QUESTION. 6.2 MINIMUM LOT AREA AND MINIMUM LOT WIDTH (1 ) ESTABLISHED LOTS WHERE AN INDIVIDUAL LOT WAS HELD IN SEPARATE OWNERSHIP 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 THIS RESOLUTION, AND HAS LESS AREA AND/OR LESS WIDTH IRAN RE- QUIRED IN OTHER SECTIONS OF THIS RESOLUTION OR REQUIRED BY SUCH AMENDMENT, 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 IN- CLUDED AS AN AREA OR WIDTH REQUIRED FOR AN- OTHER BUILDING. SUPPLEMENTARY REGULATI ONS 14 6.3 MINIMUM YARDS (1 ) REDUCTION No PART OF A YARD REQUIRED FOR ANY BUILDING FOR THE PURPOSE OF COMPLYING WITH THE PRO- VISIONS OF THIS RESOLUTION SHALL BE INCLUD- ED AS A YARD FOR ANOTHER BUILDING, AND ALL YAR6 SHALL BE OPEN AND UNOBSTRUCTED EXCEPT AS OTHERWISE PROVIDED HEREIN. ( 2) ARCHITECTURAL FEATURES . . . CORNICES, CANOPIES, EAVES OR SIMILAR ARCHI- TECTURAL FEATURES MAY EXTEND INTO A REQUIR- ED YARD NOT MORE THAN 2 FEET. (3 ) PORCHES OPEN, UNENCLOSED,UNCOVEREO PORCHES AT GROUND LEVEL MAY EXTEND INTO A REQUIRED YARD NOT MORE THAN 6 FEET. (4) FIRE ESCAPES FIRE ESCAPES MAY EXTEND INTO A REQUIRED YARD NOT MORE THAN 6 FEET. ( 5) ACCESSORY BUILDINGS . . . PERMITTED ACCESSORY BUILDINGS MAY BE LOCA- TED IN THE REQUIRED REAR YARD FOR A PRINCI- PAL BUILDING. (6 ) REVERSED CORNER LOTS . . . THE SIDE YARD ALONG THE STREET SIDE OFA RE- VERSED CORNER LOT SHALL BE NOT LESS THAN THE REQUIRED FRONT YARD FOR PRINCIPAL BUILDINGS ALONG SUCH A SIDE STREET. 6.4 MAXIMUM HEIGHT OF BUILDINGS (1) SPECIAL EXCEPTIONS . . . 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, VENITLA- TORS, SKYLIGHTS, WATER TANKS, SILOS, PARA- PET WALLS, CORNICES WITHOUT WINDOWS, ANTEN- NAS, OR NECESSARY MECHANICAL APPURTENANCES USUALLY CARRIED ABOVE THE ROOF LEVEL. NON-CONFORMINGUSES AND BUILDINGS 15 SECTICN VII EXCEPT AS PROVIDED IN THIS SECTION, THE LAWFUL USE ANO 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 MAINTENANCE (1) ORDINARY REPAIRS AND MAINTENANCE OF A NON -CONFORMING BUILDING SHALL BE PERMITTED. 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- MENCED WITHIN ONE YEAR OF SUCH CALAMITY• 7.3 ABANDONMENT (1) kHENEVER A NON -CONFORMING USE HAS BEEN DISCONTINUED FOR A PERIOD OF ONE YEAR, SUCH USE SHALL NOT THEREAFTER BE REESTABLISHED, AND ANY FURTHER USE SHALL BE IN CONFORMANCE WITH THE PROVISIONS OF THIS RESOLUTION. 7.4 CHANGE IN USE (1) 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 CLASSIFICATION. 7.5 EXTENSION (1 ) 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: STUDY AND RECOMMENDATION OF THE PROPOSED AMENDMENT BY THE WELD COUNTY PLANNING COMMISSION. 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 GEN- ERAL CIRCULATION WITHIN THE COUNTY. 8.2 SPECIAL PROCEDURE BEFORE SUBMITTING A REPORT AND RECOMMENDATION OF ANY PROPOSED AMENOWENT TO THIS RESOLUTION, AS REQUIRED IN No. 1 ABOVE, THE COUNTY.PLANNING COMMrSSION SHALL HOLD A PUBLIC HEARING ON THE PROPOSED AMENDMENT IN WHICH EVENT THE FOL- LOWING SPECIAL CONDITIONS SHALL BE REQUIRED: (1) (2) (3) A NOTICE OF SAID HEAPING SHALL BE PUBLISHED ONCE IN A NEWSPAPER SERVING THE GENERAL AREA OF THE AMENDMENT AT LEAST 7 DAYS PRIOR TO THE HEARING DATE. FOR PROPOSED AMENDMENTS TO THE "ZONING AREA MAP", THE APPLICANT SHALL SUBMIT A LIST OF NAMES AND ADDRESSES OF ALL OWNERS WITHIN THE AREA RE- QUESTING REZONING AND ALL PROPERTY OWNERS HAVING PROPERTY WITHIN 500 FEET OF THE AREA REQUESTING REZONING, THE COUNTY PLANNING COMMISSION SHALL SEND A WRITTEN NOTICE OF SAID HEARING AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING DATE TO THE PROPERTY OWNERS OF MOST RECENT REC- ORD WITHIN THE AREA REQUESTING REZONING AND WITHIN 500 FEET OF THE AREA PROPOSED FOR REZONING. FAILURE TO MAIL SUCH NOTICE TO EVERY PROP- ERTY OWNER DUE TO CLERICAL OMMISSIONS SHALL NOT AFFECT THE VALIDITY OF ANY HEARING OR DETERMINATION OF THE COUNT,/ PLANNING COMMISSION. FOR PROPOSED AMENDMENTS TO THE "ZONING AREA MAP", A FEE OF 825.00 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 COST. AMEN D MEN T S 17 8.3 REASONS FOR REZONING REQUESTS FOR REZONING OF TRACTS WITHIN I"ELD COUNTY SHOULD BE SUPPORTED BY DE- TAILED AND SUBSTANTIAL EVIDENCE THAT SUCH REZONING IS NECESSARY. RECENT FIND- INGS AND ORAL STATEMENTS BY THE PETITIONERS SHOULD SHOW VERY CLEARLY THAT EI- THER THE ORIGINAL ZONING WAS FAULTY OR THAT CHANGING CONDITIONS IN THE AREA NOW JUSTIFY A NEW CLASSIFICATION. I IITHOUT THE PRESENTATION OF SUCH SUPPORT- ING DOCUMENTATION, THE COUNTY PLANNING COMMISSION SHOULD NOT RECOMMENDA CHANGE IN ZONING. THE FOLLOWING ARGUMENTS WHICH ARE FREQUENTLY PRESENTED ARE NOT SUFFICIENT GROUNDS FOR REZONING: "THE AREA HAS NO OTHER PRACTICAL USE'," "THE PROPOSED REZONING WOULD ALLOW THE 'HIGHEST AND BEST' USE OF THE LAND';" "A NON -CONFORMING USE IS LOCATED ON THE PROPERTY;" "THE AREA ADJOINS LAND ALREADY ZONED IN THIS MANNER;" "NO ONE IN THE NEIGHBORHOOD OBJECTS;" •IF THE ZONING IS GRANTED, WE WILL AGREE TO USE IT ONLY FOR CERTAIN PURPOSES;" "YOU HAVEN'T GIVEN US ANY REASONS FOR NOT MAKING THE CHANGE." ALTHOUGH EACH OF THE PRECEDING ARGUMENTS HAS SOME VALIDITY, NO ONE ARGUMENT ALONE IS SUFFICIENT GROUNDS FOR REZONING. THERE MUST BE DEFINITE PROOF THAT THE AREA REQUESTED FOR CHANGE HAS UNIQUE CHARACTERISTICS WHICH DISTINGUISH IT FROM SURROUNDING LANDS AND THUS MAKE ITS REZONING ESSENTIAL. ",:HENEVER A CHANGE I& 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 ESTABLISHED, BOTH IN THE IMMEDIATE AREA AND IN OTHER PARTS 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, ON THE BASIS OF FACTS, NOT WISHFUL THINKING. BOARD OF A D J U S T MEN T, VARIANCES SECTION IX THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD SHALL HAVE THE FOLLOWING FUNCTION "%0 POWERS IN RESPECT TO THIS RESOLUTION. 9.1 APPEALS TO THE BOARD OF ADJUSTMENT ( 1) APPEALS TO THE BOARD OF ADJUSTMENT MAY BE TAKEN BY ANY PERSON AGRIEVED 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.. 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 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 ANO 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 POWERS: (A) (a) (c) TO HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED BY THE APPELLANT THAT THERE IS ERROR IN ANY ORDER, REQUIREMENT, DECISION OR REFU: 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 RT , OLUTION AS HEREAFTER PROVIDED, REQUESTS FOR SPECIAL EXCEPTIONS Cl FOR INTERPRETATION OF THE ZONING MAP OR FOR CONDITIONAL USE 'DEB - WITS AS PROVIDED IN THIS RESOLUTION. I•HERE BY REASON OF EXCEPTIONAL NARROWNESS, SHALLOWNESS OR Si -0.2':: OF A SPECIFIC PIECE OF PROPERTY AT THE TIME OF ENACTMENT OF THIS RESOLUTION, OR BY REASON OF EXCEPTIONAL TOPOGRAPHIC CONDITIONS 0;' SUCH PIECE OF PROPERTY, THE STRICT APPLICATION OF ANY REGULATION ENACTED UNDER THIS RESOLUTION WOULD RESULT IN PECULIAR AND EXCEP- TIONAL 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 HARDSHIPS; PROVIDED, HOWEVER, THAT SUCH RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT SUB- STANTIALLY IMPAIRING THE INTENT AND PURPOSE OF THIS ZONING REGO• LUTIOM; AND THAT THERE ARE EXCEPTIONAL CIRCUMSTANCES APPLYING TO THE SPECIFIC PIECE OF PROPERTY WHICH DO NOT APPLY GENERALLY TO THE REMAINING PROPERTY IN THE SAME ZONING AREA OR NEIGHBORHOOD. BOARD OF ADJUSTMENT, VARIANCES 1n 9.1 APPEALS TO THE BOARD OF ADJUSTMENT (CONTINUED) (3) (D) 9.2 PROCEDURE (1) (2) (3) 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 Tu THE PUBLIC GOOD AND WITHOUT SUBSTANTIALLY IMPAIRING THE IN:ENT AND PURPOSE OF THIS ZONING RESOLUTION, ALL MEETINGS AND HEARINGS OF THE BOARD OF ADJUSTMENT SHALL BE OPEN TO THE PUBLIC. A NOTICE OF A HEARING TO BE HELD BY THE BOARD OF ADJUSTMENT ON ALL AP- PEALS 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 WITII!N 500 FEET OF THE PROPERTY IN QUESTION. MAILING SUCH NOTICE SHALL BE DIS- CRETIONARY WITH THE BOARD OF ADJUSTMENT AND FAILURE TO MAIL SUCH NOTIf:E SHALL NOT AFFECT THE VALIDITY OF ANY HEARING OR DETERMINATION OF THE BOARD OF ADJUSTMENT. (4 ) UPON APPLICATION FOR VARIANCES WHICH DO NOT RELATE TO THE USE REQUIRE- MENTS OF THIS RESOLUTION, THE BOARD OF ADJUSTMENT, IF IT DEEMS THE SAM ADVISABLE AND PRACTICAL, MAY SEND A WRITTEN NOTICE OF SAID HE.`.1 INC 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 ADJUSTMENT AND FAILURE TJ SUCH NOTICE SHALL NOT AFFECT,THE VALIDITY OF ANY HEARING OR DET -M: TION OF THE BOARD OF ADJUSTMENT. (5) 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 010.00 SHALL BE CHARG- ED TO COVER SUCH COSTS. 1 N T E R P R E T A T I 0 N, VALIDITY, ENFORCEMENT 20 SECT I ON X 10.1 INTERPRETATION (1) IN THEIR INTERPRETATION AND APPLICATION, THE PROVISIONS OF THIS RESOLU- TION SHALL BE HELD TO BE MINIMUM REQUIFEMENTS ADOPTED FOR THE PROMOTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE. OHENEVER 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 (1) 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 I'1ELD 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 SHALL NOT ISSUE 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 BE CHARGED BY VELD COUNTY, EXCEPT THAT ALL CONSTRUCTION WITH A TOTAL COST OF LESS THAN •x:100.00 SHALL BE EXEMPT FROM PAYING A BUILDING PERMIT FEE. VIOLATIONS AN0 PENALTIES 21 SECT I CN XI 11.1 GENERAL IT SHALL BE UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT, ALTER, MAINTAIN OR USE ANY BUILDING OR STRUCTURE OR TO USE ANY LANG 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 IN'ERFERES IN ANY MANNER WITH ANY PERSON IN THE PERFORMANCE OF A RIGHT OR DUTY GRANTED OR IMPOSED 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 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 OR STRUCTURE IS, OR IS PROPOSED TO BE ERECTED, CONSTRUC- TED, 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 1LELO, 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. DEFINITIONS 22 SECTICN XII 12.1 GENERAL WHEN NOT INCONSISTENT WITH THE CONTENT, WORDS USED IN THE PRESENT TENSE IN- CLUDE THE FUTURE; WORDS IN THE SINGULAR NUMBER INCLUDE THE PLURAL NUMBER; WORDS IN THE PLURAL NUMBER INCLUDE THE SINGULAR NUMBER; AND THE MASCULINE IN- CLUDES THE FEMININE. 12.2 TERMS AND V)ORDS FOR THE PURPOSE OF THIS RESOLUTION CERTAIN TERMS AND WORDS ARE HEREBY DEFINED AS FOLLOWS: (2) (3) "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 OF THE LANG 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. "ACCESSORY USE" A USE NATURALLY AND NORMALLY INCIDENTAL TO, SUBORDINATE TO, AND DEVOTED EXCLUSIVELY TO THE MAIN USE OF THE PREMISES. "ALLEY" A PUBLIC THOROUGHFARE, NOT EXCEEDING 3 5 FEET IN WIDTH WHICH AFFORDS ON- LY A SECONDARY MEANS OF ACCESS TO ABUTTING PROPERTY. (4) "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" (6) A BUILDING OR PORTION THEREOF WHICH IS USED TO ACCOMMODATE, FOR COMPEN- SATION, THREE OR MOPE BOARDERS OR ROOMERS, NOT INCLUDING MEMBERS OF THE OCCUPANT'S IMMEDIATE FAMILY \"HO MIGHT BE OCCUPYING SUCH BUILDING. THE WORD "COMPENSATION" SHALL INCLUDE PAYMENT IN MONEY, SERVICES OR OTHER THINGS OF VALUE. "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. DEFINITIONS 12.2 TERMS AND I.'ORDS (CONTINUED) (7 ) "BUILDING HEIGHT" (a) 23 THE VERTICAL DISTANCE FROM THE "GRADE" TO THE HIGHEST POINT OF THE ROOF SURFACE. "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" (io) AN ENCLOSURE FOP THE FEEDING AND FATTENING OF CATTLE, FOWLS, RABBITS, HOGS AND OTHER ANIMALS, WHERE EACH OF THE FOLLOWING CONDITIONS EXIST: (A) THE ANIMALS OR FOWLS ARE CONFINED TO A RESTRICTED AREA; (B) 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 FARM OR CONTIGUOUS LEASED PROPERTY; AND (C) THE FEEDING OPERATION EXCEEDS 25% 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". "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 600 SQUARE FEET OF FLOOR AREA AS MEASURED 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 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. DEFINITIONS 24 12.2 TERMS AND FIORDS (CONTINUED) (14) "FAMILY" 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. (15) "FARM, RANCH, AND GARDEN BUILDINGS AND USES" THOSE BUILDINGS AND STRUCTURES USED TO SHELTER OR ENCLOSE LIVESTOCK, 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, PROVIDING THAT NO ARTICLE IS SOLD OR OFFERED FOR SALE EXCEPT SUCH AS MAY BE PRODUCED BY MEMBERS OF THE IMMEDIATE FAMILY RE— SIDING ON THE PREMISES. (18) "HOSPITAL" ANY BUILDING OR PORTION THEREOF USED FOR THE ACCOMMODATION AND MEDICAL CARE or 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 BE USED, LET OR HIRED OUT 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 PART- LY OR WHOLLY ASSEMBLED INTO USEFUL OBJECTS, MOTOR VEHICLES, OR MACHIN- ERY. DEFINITIONS 25 12.2 TERMS ANO +ORDS (CONTINUED) (21) "KENNEL" ANY LOT OR PREMISES ON WHICH FOUR OR MORE ANIMALS AT LEAST FOUR MONTHS OF AGE ARE HARBORED. (22) "LoT" 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 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. REAR" THE LINE OPPOSITE THE. FRONT LOT LINE. (26) "Lor LINE, SIDE" ANY LOT LINES OTHER THAN FRONT LOT LINES OR REAR LOT LINES. (27) "MEMBERSHIP CLUB" AN ASSOCIATION OF PERSONS, WHETHER INCORPORATED OR UNINCORPORATED 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 PROVISIONS OF THIS RESOLUTION. DEFINITIONS 26 • 12.2 TERMS AND tJOROS (CONTINUED) (30) "OCCUPIED" THE WORD OCCUPIED" INCLUDES ARRANGED, DESIGNED, BUILT, ALTERED, CON- VERTED, RENTED OR LEASED, OR INTENDED TO BE OCCUPIED. (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, STRUC- TURE OR THING WHATSOEVER. (32) "PERSON" (33) THE WORD "PERSON" SHALL ALSO INCLUDE ASSOCIATION, FIRM, CO-PARTNERHSIP, OR CORPORATION. "PROFESSIONAL OFFICE" 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 V:ATER AND PUBLIC SEWER FACILITIES THOSE FACILITIES OF A MUNICIPALITY OR SANITATION DISTRICT APPROVED BY THE t:'ELD 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 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". • OEF INIT IONS 12.2 TERMS AND TIOROS (CONTINUED) (3 B) "STRUCTURE" ANYTHING CONSTRUCTED OR ERECTED, WHICH REQUIRES LOCATION ON THE GROUN OR ATTACHED TO SOMETHING HAVING A LOCATION ON THE GROUND, BUT NOT IN- CLUDING FENCES OR VALLS USED AS FENCES LESS THAN SIX FEET IN HEIGI: POLES, LINES, CABLES, OR OTHER TRANSMITTING OR DISTRIBUTION FACILITtC'_ OF PUBLIC UTILITIES. (39) "UsE" THE PURPOSE FOR WHICH LAND OR BUILDING IS DESIGNED, ARRANGED, OR INTEND- ED, OR FOR WHICH EITHER IS OR MAY BE OCCUPIED OR MAINTAINED. (40) "UsED CAR LOTS" it RETAIL SALES AREA FOR THE SALE OF AUTOMOBILES WHICH ARE IN SUCH CON- DITION AS TO MEET ALL REQUIREMENTS OF THE STATE AND COUNTY FOR LICENSE AND OPERATION. (41) "WIDTH OF LOT" THE DISTANCE PARALLEL TO THE FRONT LOT LINE MEASURED BETWEEN SIDE L7; LINES THROUGH THAT PART OF THE BUILDING OR STRUCTURE WHERE THE LOT I" NARROWEST. (42) "YARD" AN OPEN SPACE OTHER THAN A COURT, ON A LOT, UNOCCUPIED AND UNOBSTRUC':.T FROM THE GROUND UPWARD, EXCEPT AS OTHERWISE PROVIDED IN THIS RESOLU._ (43) "YARD, FRONT" A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT BETWEEN THE FRONT L LINE AND THE NEAREST LINE OR POINT OF THE BUILDING. (44) "YARD t REA R" A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT BETWEEN THE REAR LOT LINE AND THE NEAREST LINE OR POINT OF THE BUILDING. (45) "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. REPEALS AND ENACTMENT 28 SECTION XIII 13.1 REPEALS (i) ALL RESOLUTIONS OF THE COUNTY OF \VELD, 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. (3) SUCH REPEALS SHALL NOT AFFECT OR PREVENT THE PROSECUTION OP PUNISHMENT OF ANY PERSON FOR THE VIOLATION OF ANY RESOLUTION REPEALED HEREBY, FOR AN OFFENSE COMMITTED PRIOR TO THE REPEAL. 13.2 ENACTMENT (1) (2) UPON APPROVAL OF, INCLUDING BY LAW IN THE AND ADOPTION OF THIS RESOLUTION,A CERTIFIED COPY THERE - ALL MAPS HEREIN REFERRED TO, SHALL BE FILED AS PROVIDED OFFICE OF THE COUNTY CLERK AND RECORDER OF WELD COUNTY. 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 CCUNTY COMMISSIONERS CF THE COUNTY CF WELD BY: (SIGNED ELMER L. SHULTZ ATTEST: (SIGNED) EDITH N. FLATELAND DEPUTY COUNTY CLERK Hello