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Home My WebLink About680424.tifff OFFICIAL ZONING RESOLUTION FOR USE IN AREAS ZONED IN \dELD COUNT', COLORADO RE'V I SED SEPTEMBER 19, 1968 346.045 1968 OFFICIAL ZOPI I NG RE, ELUTIONy WELD COUNTY PLANNING COMMISSION 1 :'UISED ON SEPTEMBER 19, 1968, BY BOARD OF COUNTY COMMISSIONERS GLEN BILLINGS MARSHALL H. ANDERSON HAROLD ANDERSON WELD COUNTY PLANNING COMMISSION J. BEN NIX ADAM LAPORE JOHN WATSON RONALD HEITMAN LEONARD BARTELS PHILIP BOWLES BEAN, LAMONT AND MOBERG, PLANNING CONSULTANTS DOROTHY HILL, SECRETARY HENRY BRUNNER PURPOSE ZONING PROVIDES THE SAME TYPE OF COMMON SENSE DIVISIONS OF BUSINESS, RESIDENTIAL, AND IN- DUSTRIAL 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 POS- SIBLE THE SAFEGUARDING OF RESIDENTIAL AREAS - BUSINESS AREAS ARE PROTECTED FOR DEVELOPMENT IN LO- GICAL 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: ( 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 DEVELOPMENT OF BUSI- NESS BUILDINGS WHEREVER VACANT OR CHEAP LAND 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 SETBACK REQUIREMENTS. (11) UTILITY, SCHOOL, PARK AND OTHER PUBLIC REQUIREMENTS MAY BE MORE EFFICIENTLY PROVIDED WHERE ZONING INDICATES FUTURE LAND USE AND DENSITIES. TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 PREFACE 2 DISTRICTS AND NAP I 3 APPLICATION OF REGULATIONS II 4 USE AND DENSITY SCHEDULES III 5 SIGNS IV 11 PARKING REQUIREMENTS V 13 SUPPLEMENTARY REGULATIONS VI 14 NON -CONFORMING USES AND BUILDINGS VII 18 AMENDMENTS VIII 23 BOARD OF ADJUSTMENT, VARIANCES IX 21 INTERPRETATION, VALIDITY, ENFORCEMENT X 23 VIOLATIONS AND PENALTIES XI 24 DEFINITIONS XII 25 REPEALS AI!D ENACTMENT XI II 31 INTRODUCTION I THE ZONING OF SOME UNINCORPORATED AREAS IN WELD 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 PRES- ENT 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 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 WITHOUT CONFLICT FROM NORMAL BUSINESS EXPANSION. 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 STAN- DARDS 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 MINI- MIZED IN ORDER FOR RESIDENTS TO EASILY DETERMNE HOW THE PROPOSED LAW WOULD OPERATE. WHEREVER , PLICABLE, 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 CCM- MISSION OR OTHER PROPERTY OWNERS WHO HAVE BEEN APPOINTED ON SPECIAL ADVISORY ZONING COMMITTEES. PREFACE 2 A RESOLUTION ESTABLISHING LAND USE ZONING WITHIN CERTAIN UNINCORPORATED ZONING AREAS IN WELD COUNTY, COLORADO; ADOPTING MAPS OF SAID AREAS AND ZONING DISTRICTS THEREIN; REGULATING THE USE OF 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; PRE- SCRIBING 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 OFFICIALLY ADOPTED ZONING MAPS OF COLORADO. DISTRICTS AND MAP 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 A-1 - AGRICULTURAL DISTRICT E - ESTATE DISTRICT P - RESIDENTIAL DISTRICT H - HIGH DENSITY RESIDENTIAL DISTRICT MH - MOBILE HOME DISTRICT T - 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 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 OFFICIAL ZONING MAPS, DIS- TRICT 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 DETERMIN- ED 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 SUBSEQUENT AMENDMENTS, THE LESS RESTRICTIVE ZONING 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 4 SECTION 1i 2.1 GENERAL APPLICATION EXCEPT AS HEREIN AFTER OTHERWISE PROVIDED: 1. No BUILDING SHALL BE ERECTED AND NO EXISTING BUILDING SHALL BE MOVED, ALTERED, ACD- ED 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 IICLUDED AMONG THE USES HEREINAFTER LISTED AS PERMITTED IN THE DISTRICT IN WHICH SUCH BUILDING, 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 BUILDING 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 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 COMPLY ING WITH PROVISIONS OF THIS RESOLUTION SHALL BE CONSIOERFO AS PROVIDING A YARD OR OTHER OPEN SPACE FCR ANY OTHER BUILDING, AND NO YARD OR OTHER OPEN SPACE ON ONE LOT SHALL BE CONSIDERED AS PROVIDINC A YARD OR OPEN SPACE FOR A buILDING ON ANY OTHER LOT. 2.2 EXISTING BUILDING THE REGULATIONS CONTAINED HEREIN ARE NOT RETROACTIVE IN THEIR APPLICATION TO EX - ISTING BUILDING. 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 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 LIST- ED FOR EACH DISTRICT AS DESIGNATED READ EITHER FROM LEFT TO RIGHT OR TOP TO BOTTOM OF EACH SCHEDULE. 3.2 LIST(NG OF USES THE LISTING OF ANY USE IN SAID SCHEDULE AS BEING PERMITTED IN ANY PARTICULAR DIS- TRICT SHALL BE DEEMED TO BE AN EXCLUSION Of SUCH USE FROM A MORE RESTRICTED DISTRICT, UN- LESS SUCH USE IS SPECIFICALLY PERMITTED IN THE. MORE RESTRICTED DISTRICT UNDER THE LANGU- AGE SET FORTH IN THE SCHEDULE. 3.3 USES PERMITTED IN THE "A", AGRICULTURAL DISTRICT (1 ) (2 ) (3 ) ALL USES PERMITTED IN THE "E", ESTATE DISTRICT AS STATED THEREFORE; AIRPORTS; CATTf_E FEEDING AND THE RAISING OF FOWLS, RABBITS, HOGS AND OTHER ANIMALSFCR COMMER- CIAL USE; PROVIDED EACH OF THE FOLLOWING CONDITIONS IS MET: (A) COMMERCIAL FEED YARDS SHALL BE LOCATED AT LEAST 660 FEET FROM ANY RESIDENCE ON ANOTHER LOT, FROM ANY PUBLIC PLACE OF ASSEMBLY, AND FROM ANY E, R, H, NH, T, 8 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 (C) ALL SUCH USES SHALL BE APPROVED AS TO LOCATION BY THE BOARD OF COUNTY COMMIS— SIONERS.. (a) (4 ) CEMETERIES; (5) (6) (7 ) (8) (9) (10) (11; 5,49e r. (12) Tiftverotee, CULTIVATION, STORAGE AND SALE OF CROPS, VEGETABLES, PLANTS, FLOWERS AND NURSERY STOCK PRODUCED ON THE PREMISES; AND TEMPORARY STORAGE IN.TRANSIT Of CROPS NOT RAIS- ED ON THE PREMISES AND NOT FOR SALE ON SAID PREMISES; FAIRGROUNDS; GRANGE HALLS; GRAVEL PITS, QUARRIES AND OPENING MINING OPERATIONS SUBJECT TO APPROVAL AS TO LOCA- TION BY THE WELD COUNTY PLANNING COMMISSION AND SUBJECT TO THE SPECIAL PROVISIONS OF SECTION VI, SUPPLEMENTARY REGULATIONS, PARAGRAPH 6.1, USES PERMITTED, SUBHEADING 3) OIL DRILLING FACILITIES; PLl i.i_3 xxRV I40 •f OCD on BCVE!:,. rF ;— / ) /2. USE AND DENSITY SCHEDULES 6 3.3-A USES PERMtTTED IN THE "A-1". AGRICULTURAL DISTRICT ( 1 ) ALL USES PERMITTED IN THE "A", AGRICULTURAL DISTRICT AS STATED THEREFORE, EXCEPT ITEM 3.3 (3); ( 2 ) ANY NON-COMMERCIAL. FEEDING OPERATION IN CONJUNCTION WITH A FARMING OPERATION PROVI- DING THE FOLLOWING CONDITIONS ARC MET: (A) FEED YARDS SHALL BE CONSTRUCTED OR EXPANDED AT LEAST 660 FEET FROM ANY RESI- DENCE ON ANOTHER LOT, FROM ANY PUBLIC PLACE OF ASSEMBLY, AND FROM ANY E, R, H, Nil, T, 8 OR S ZONING DISTRICT BOUNDARY LINE; (B) ALL FEED LOTS, NOT IN CONJUNCTION WITH A FARMSTEAD, SHALL BE LOCATED AT LEAST 660 FEET FROM ANY STATE OR FEDERAL HIGHWAY RIGHT OF WAY; AND (C) THE FEEDING OPERATION SHALL BE CONDUCTED BY THE FARM OPERATOR. 3.4 USES PERMITTED IN THE "E". ESTATE DISTRICT (6) ( 7) (a) 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 RE- PAIR OR STORAGE FACILITIES ARC MAINTAINED; 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, IDENTIFICATION SIGNS, HOME OCCUPATIONS, AND PRIVATE SWIMMING POOLS. 3.5 USES PERMITTED IN THE "R", RESIDENTIAL DISTRICT (1 ) USES PERMITTED IN THE 'E", ESTATE DISTRICT AS STATED THEREFORE. 3.6 USES PERMITTED IN THE "iH", HIGH DENSITY RESIDENTIAL DISTRICT ALL USES PERMITTED IN THE "R", RESIDENTIAL DISTRICT AS STATED THEREFORE; BOARDING AND ROOMING HOUSES; COLLEGES AND PRIVATE SCHOOLS; DORM1TOR1E5, 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 3.6-A USES PERMITTED IN THE "MH", MOBILE HOME DISTRICT ( 1) MOBILE HOME SUBDIVISIONS AND INDEPENDENT MOBILE HOMES (OUTSIDE SUBDIVISIONS OR MO- BILE HOME PARKS) PROVIDED THE }OLLOWING CONDITIONS ARE MET: (A) (a) 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 REGULA- TIONS OF WELD COUNTY; AND (C) EACH MOBILE HOME, WHETHER iT IS A PART OF A SUBDIVISION OR NOT, SHALL BE RE- QUIRED TO MEET THE STANDARDS OF THE MOBILE HOME AND MOBILE HOME PARK REGULA- TIONS OF WELD COUNTY REGARDING "WATER SUPPLY," "SEWERAGE DISPOSAL," "REFUSE DISPOSAL," "ELECTRICTY," "FUEL," AND "ALTERATIONS AND ADDITIONS." ( 2) MOBILE HOME PARKS, INCLUDING ACCESSORY BUILDINGS AND USES FOR SERVICE AND RECREA- TION, PROVIDED EACH MOBILE HOME PARK IS CONSTRUCTED ACCORDING TO THE MOBILE HOME PARK REGULATIONS OF WELD COUNTY. 3.7 USES PERMITTED IN THE "T". TRANSITIONAL DISTRICT 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 E$TABLISHMENTS, 3.8 USES PERMITTED ;NI THE "D' BUSINESS DISTRICT (1 ) (2) (3) ( 4) (5) (6) ( 7) (8) ('9 (1n) ( 1) ( 2) SERVICE STATIONS; TRIAL OR MANUFACTURING PLACES or AMUSEMENT OR PLACES OF ASSEMBLY; PLACES SERVING FOOD OR STUDIOS; THEATRES. ALL USES PERMITTED IN THE "T", AUTOMOBILE PARKING AREAS; BANKS; GASOLINE OFFICES; PERSONAL SERVICE SHOPS; PLACES FOR THE CONDUCT 01 ANY RESTRICTED NATURE; RECREATION; BEVERAGES; TRANSITIONAL DISTRICT AS STATED THEREFORE; RETAIL BUSINESS NOT OF A COMMERCIAL, INDUS- USE AND DENSITY SCHEDULES 8 3.9 USES PERMITTED IN THE "C". COMMERCIAL DISTRICT (.1 ) ALL USES PERMITTED IN THE "8", BUSINESS DISTRICT AS STATED THEREFORE; ( 2) AUTOMOBILE REPAIR SHOPS ( 3 ) BAKERIES; (4 ) BOTTLING WORKS; ( 5) BUILDERS' SUPPLY YARDS, SALE OF CEMENT AND CONCRETE PRODUCTS, AND LUMBER YARDS; ( 6) CABINET MAKING AND CARPENTER SHOPS; (7 ) CLEANING AND DYEING ESTABLISHMENTS; (8) DAIRY PROCESSING AND DISTRIBUTION PLANTS; (9) FROZEN FOOD LOCKERS; (10) ICE AND COLD STORAGE PLANTS; (11) LAUNDRIES; (12) MACHINE SHOPS; (13) MANUFACTURE OF HANDICRAFT PRODUCTS; (14) PLACES FOR THE CONDUCT OF ANY COMMERCIAL, OR WHOLESALE ACTIVITY -NOT OF AN INDUS- TRIAL 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 OISTRISI. (,i ) (2) ALL USES PEFF4ITTEa 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 PERMITTED IN THE "I" INDUSTRIAL DISTRICT; THE FOLLOWING OPERATIONS SHALL NAVE THE APPROVAL OF THE BOARD OF COUNTY COMMISSION- ERS: (A) (a) (c) (a) ANY INDUSTRIAL OR MANUFACTURING OPERATION; JUNK YARDS AND SALVAGE YARDS; SANITARY LAND FILL AND DUMPIN, OPERATIONS; SLAUGHTER HOUSES AND PACKING HOUSES. 3.11 USES PERMITTED IN THE "S". SCIENTIFIC DISTRICT ALL USES PERMITTED IN THE "E", ESTATE DISTRICT AS STATED THEREFORE; ANY KIND OF SCIENTIFIC, RESEARCH, MANUFACTURING, COMPOUNDING, ASSEMBLING, PROCESSING OR TREATMENT OF PRODUCTS OR EXPERIMENTAL MATERIAL . . . PROVIDED THE FOLLOWING LIM- ITATIONS ARE PLACED ON ALL SUCH USES: USE AND DENSITY SCHEDULES 9 3.11 UIE PERMITTED IN THE "S", SCIENTIFIC DISTRICT (CONTINUED) ( ) (A) I (B) (C) ALL PERMITTED USES SHALL BE OPERATED ENTIRELY WITHIN AN ENCLOSED STRUCTURE; 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 LOCATED, AND TRAVEL AND PARKING PORTIONS OF THE LOT SHALL BE SURFACED WITH ASPHALT, CON- CRETE OR EQUIVALENT PAVING. 3.12 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COWLY WITH THE FOLLOWING S HEDULk FOR MINI- MUM SETBACK OF BUILDINGS. MINIMUM LOT AREA PER PRINCIPAL USE AND THE MINIMUM LOT WIDTH PER PRINCIPAL USE, D STRICT A A71 El R ALTERNATE S HI 'ALTERNATE S Mil (MOBILE HOME PARK ONLY) T ALTERNATE S B C S MINIMUM LOT AREA (1) (SQ. FEET) 40,000 40,0",0 13,000 13,000 6,501 13,000 6,500 5 ACRES 13,0^0 6,503 * * 40, O• MINIMUM LOT W I DTH (FEET) 180 180 90 60 60 60 60 330 60 60 * 181, MINIMUM SETBACK (FEET FROM THE FRONT) LCT LINE 50 50 20 20 20 25 25 25 25 25 25 (1) LARGER LOT AREAS MAY BE REQUIRED BY THE WELD 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 CONDUCTED WHEREVER A LOT IS NOT CONNECTED TO A PUBLIC SEWERAGE SYSTEM. "ALTERNATE S" MEANS THAT THE DWELLING IS 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 t'ELD COUNTY HEALTH DEPARTMENT. USE AND DENSITY SCHEDULES 1.0 3.13 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR MINI- MUM SIDE YARDS, MINIMUM REAR YARDS AND MAXIMUM HEIGHT OF BUILDINGS: D STRICT A+1 E R H MH T B C, I! S NR No REQUIREMENT MINIMUM SIDE YARDS (1) (EACH YARD IN FEET) NR MR 20 10 10 10 5 NR NR NR 10 MINIMUM REAR YARD (2) (FEET) NR NR 20 20 20 20 20 20 20 20 20 MAXIMUM HEIGHT OF BUILDINGS (FEET) 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 SET- BACK 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 SIGNS SHALL BE PREMITTED IN THE VARIOUS ZONING DISTRICTS ACCORDING TO THE FOLLOWING REGU— LATIONS: 4.1 SIGNS IN THE E. R. H AND NH DISTRICTS (1 ) (2) (3) ONE IDENTIFICATION SIGN PER PRINCIPAcUSE SUBJECT TO THE FOLLOWING: USE A. iF AND 2E 2 SQ. FT. B. MF AND MH PARK 16 SQ. FT. C. PUBLIC AND SEMI-PUBLIC USES 32 SQ. FT. (1 SIGN FOR EACH STREET FRONTAGE) LIGHTING OF SIGNS SHALL BE BY INDIRECT ILLUMINATION ONLY. "FOR SALE" SIGNS FOR INDIVIDUAL HOMES OR SUBDIVISIONS MAY BE ERECTED FOR A PERIOD NOT TO EXCEED ONE YEAR SUBJECT TO RENEWAL BY THE PLANNING COMMISSION UPON REQUEST. SUCH SIGNS SHALL NOT EXCEED 32 SQ. FT. IN AREA PER FACE. 4.2 SIGNS IN THE A AND A-1 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 OTHER PREMISES THAN THOSE UPON WHICH 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 AVAILABLE FOR 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 THE HIGHWAY PASSES. C. MAXIMUM AREA PER FACE 150 SQ. FT. D. MAXIMUM HEIGHT 30 FT. E. MINIMUM SETBACK FROM THE RIGHT OF WAY 50 FT. F. MIMIMUM SPACING BETWEEN SIGNS 5 0 FT. G. SUCH SIGNS SHALL NOT BE LOCATED WITHIN 2,000 FT. OF AN EXIT OR ENTRANCE ROAD ON A LIMITED ACCESS HIGHWAY. H. SUCH SIGNS SHALL NOT BE PERMITTED WITHIN 300 FT. OF AN INTERSECTING ROAD, SCENIC OR HISTORIC POINT, PUBLIC PARK, PLAYGROUND OR REST AREA. I. SUCH SIGNS SHALL NOT EXCEED TWO IN ANY ONE APPROACH DIRECTION FOR A GIVEN USE OR SERVICE. 4.3 SIGNS IN THE T AND S DISTRICTS (1 ) ALL SIGNS PERMITTED IN SECTION 4.1 SUBJECT TO THE REGULATIONS SPECIFIED. ( 2 ) ONE IDENTIFICATION SIGN PER PRINCIPAL USE FOR EACH STREET ADJACENT TO THE PROPERTY SUBJECT TO THE FOLLOWING: (3) SIGNS 12 4.3 (2 ) CONTINUED (3 ) A. B. C. MAXIMUM AREA PER FACE 60 FT. MAXIMUM HEIGHTS 30 FT. MINIMUM SETBACK FROM RIGHT OF WAY 25 FT. ALL LIGHTING SHALL BE BY INDIRECT ILLUMINATION. 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 FOL- LOWING: A. MAXIMUM AREA PER FACE 300 SQ. FT. B. MAXIMUM HEIGHT 40 FT. C. MINIMUM SETBACK FROM THE RIGHT OF WAY 25 FT. D. MINIMUM SPACING NONE IDENTIFICATION SIGNS SHALL BE PERMITTED AS ACCESSORY USES ACCORDING TO THE ROLLOWING: 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. 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 INTERSECTION. 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 DIREC- TING TRAFFIC AND PRIVATE SIGNS USED EXCLUSIVELY TO DIRECT AUTOMOBILE TRAFFIC ON PRI- VATE PROPERTY SHALL BE EXEMPT FROM THE PROVISIONS OF THIS ORDINANCE. AN ANNUAL PERMIT FOR ALL PERMITTED SIGNS SHALL BE OBTAINED iN THE WELD COUNTY PLAN- NING OFFICE DURING THE MONTH OF JUNE. PARK I N G REQUIREMENTS 13 SECTION V 5.2 DESCRIPTION OF §PASE5 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 PRINCIPAL BUILDING FOR WHICH THE PARKING SPACE IS RE- QUIRED. 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 OFAN OFF- STREET PARKING SPACE SIMILARLY REQUIRED FOR ANOTHER BUILDING OR USE. UPPL EMENTARY REGUL AT I ONS 14 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 NO MORE OBNOXIOUS OR DETRIMENTAL TO THE AREA IN WHICH IT IS LOCATED, SHALL BE PERMITTED. (2) MOBILE HOMES , (E) (A) MOBILE HOMES SHALL BE PERMITTED IN THE t4 , MOBILE HOME DISTRICT AS A USE BY RIGHT SUBJECT TO THE PROVI- SIONS OF THE MFI, MOBILE HOME DISTRICT. (B) MOBILE HOMES SHALL BE PERMITTED IN THE A,AGRICULTURAL DISTRICT AND IN THE A-1, AGRICULTURAL DISTRICT AS AN ACCESSORY USE ON A FARM PROVIDED THERE IS NOT MORE THAN ONE SUCH MOBILE HOME PER FARM AND THAT THE MOBLE HOME IS OCCUPIED BY PERSONS EMPLOYED ON THE FARM AND THEIR FAMILIES (C) MOBILE HOMES SHALL BE PERMITTED IN THE A,AGRICULTURAL DISTRICT AND IN THE A-1, AGRICULTURAL DISTRICT AS A PRINCIPAL USE PROVIDED SUCH MOBILE HOMES MEET ALL CON- DITIONS OF THE WELD COUNTY BUILDING CODE (EXCEPT THAT WALL HEIGHTS MAY BE LESS THAN REQUIRED BY THE COUNTY BUILDING CODE) AND FURTHER PROVIDED THAT EACH MO©ILE HOME IS FIST APPROVED AS A USE BY SPECIAL REVIEW BY THE COUNTY PLANNING COMMISSION. (D) IN THE A, AGRICULTURAL DISTRICT AND IN THE A-1, AGRI- CULTURAL DISTRICT A MOBILE HOME MAY BE OCCUPIED AS A TEMPORARY USE DURING THE CONSTRUCTION OF A RESIDENCE ON THE SAME LOT SUBJECT TO THE FOLLOWING SPECIAL CON- DITIONS: 1. BEFORE A TEMPORARY PERMIT IS ISSUED FOR THE MOBILE HOME, A BUILDING PERMIT SHALL BE OBTAINED FUR CON- STRUCTION OF A PERMANENT DWELLING ON THE SAME LOT. 2. CONSTRUCTION OF THE PERMANENT DWELLING SHALL HE COMMENCED WITHIN 90 DAYS OF ISSUANCE OF THE TEMP- ORARY PERMIT FOR THE MOBILE HOME AND SHALL IX DIL- IGENTLY PURSUED, 3. THE TEMPORARY PERMIT FOR OCCUPANCY OF THE MOBILE HOME SHALL BE VALID FOR A PERIOD or Z$X MOMTHS SUBJECT TO RENEWAL. 4. THE TEMPORARY PERMIT SHALL BE ISSUED BY THE BOARD OF COUNTY COMMISSIONERS OR ITS AUTHORIZED REPRES- ENTATIVE SUBJECT TO SUCH FEES AS MAY BE ESTABLISH - ED BY THE BOARD OF COUNTY COMMISSIONERS. MOBILE HOMES SHALL BE PERMITTED AS AN ACCESSORY USE LIMITED TO ONE MOBILE HOME PER LOT IN ANY B, BUSINESS DISTRICT, C, COMMERCIAL DISTRICT OR I, INDUSTRIAL CiE- TRICT WHERE A MOBILE HOME IS NEEDED TO HOUSE AN EM- PLOYEE ON THE PROPERTY FOR PURPOSES OF PROTECTION OR CONTROL OF THE PRINCIPAL USE OF THE LOT. SUPPLEMENTARY REGULATIONS 15 (3) GRAVEL PIT, ETC. BEFORE THE COUNTY PLANNING COMMISSION SHALL APPROVE A SPEC- IAL REQUEST FOR THE LOCATION OF A GRAVEL PIT, QUARRYCR OPEN MINING OPERATION IN ANY "A" OR "A-1" AGRICULTURAL DISTRICT, OR IN ANY "I" INDUSTRIAL DISTRICT THE APPLICANT SHALL BE RE- QUIRED TO FURNISH THE FOLLOWING INFORMATION: (A) A REHABILITATION PLAN SHOWING HOW THE AREA WILL BE RE- CLAIMED AFTER THE GRAVEL PIT, QUARRY OR OPEN MINING OPERATION IS COMPLETED; (B) A TIME SCHEDULE INDICATING WHEN STEPS FOR REHABILITA- TION 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 COMPATI- BILITY OF THE OPERATION WITH THE SURROUNDING 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 CRE- ATED; 2. THE SLOPES OF PROPOSED EXCAVATIONS; 3. PRECAUTIONS TO PROTECT EXISTING HOUSES, DITCHES, ROADS OR OTHER IMPROVEMENTS ON ADJACENT PROPER- TIES; AND Q. THE PROPOSED LOCATION OF FENCES TO DISCOURAGE THE USE OF THE SITE BY NON -EMPLOYEES. i6,2. ! iNIMUM LOT AREA AND MINLMUMLIOT 'r:IDTH (t ) 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 THE RESOLUTION, AND HAS LESS AREA AND/OR LESS WIDTH THAN REQUIRED IN OTHER SECTIONS OF THIS RESOLU- TION OR REQUIRED BY SUCH AMENDMENT, SUCH A LOT MAY BE OCCU- PIED ACCORDING TO THE PERMITTED USES PADVtDED FOR THE DIS- TRICT IN WHICH SUCH LOT IS LOCATED. (2 ) REDUCTION NO PART OF AN AREA OR WIDTH REQUIRED FOR A LOT FOR THE PUR- POSE 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 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 UNOBSTRUCTED EXCEPT AS OTHERWISE PROVIDED HEREIN. SUPPLEMENTARY REGULATIONS 16 ARCHITECTURAL FEATURES CORNICES, CANOPIES, EAVES OR SIMILAR ARCHITECTURAL FEATURES MAY EXTEND INTO A REQUIRED YARD NOT MORE THAN 2 FEET. PORCHES OPEN, UNENCLOSED,_LNCOVEPED PORCHES AT GROUND LEVEL MAY EX- TEND INTO A REQUIRED YARD NOT MORE THAN 6 FEET. FIRE ESCAPES EIRE ESCAPES MAY EXTEND INTO A REQUIRED YARD NOT MORE THAN 6 FEET. ACCESSORY BUILDINGS PERMITTED ACCESSORY BUILDINGS MAY BE LOCATED IN THE REQUIR- ED REAR YARD FOR A PRINCIPAL BUILDING. 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 PRIN- CIPAL 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, VENTILATORS, SKYLIGHTS, WATER TANKS, SILOS, PARAPET WALLS, CORNICES WITH- OUT WINDOWS, ANTENNAS, OR NECESSARY MECHANICAL APPURTENANCES USUALLY CARRIED ABOVE THE ROOF LEVEL. 6.5 SPECIAL AREAS SUBJECT TO FLOODING FOR THE PURPOSE OF THIS RESOLUTION, THERE ARE HEREBY ESTABLISHED "FLOOD PLAIN AREAS" AS SHOWN ON THE ZONING DISTRICT MAPS OF WELD COUNTY WITHIN WHICH THE FOLLOWING RESTRICTIONS SHALL APPLY: ( 1) NO DWELLING, MOBILE HOME, SCHOOL, CHURCH OR OTHER PLACE OF ASSEMBLY SHALL BE PERMIT- TED; (2 ) No STORAGE OF MATERIALS WHICH COULD BE MOVED BY FLOOD WATERS SHALL BE PERMITTED UN- LESS THE MATERIALS ARE SECURED ADEQUATELY TO PREVENT THEIR BEING MOVED DOWNSTREAM DURING PERIODS OF FLOODING; (3 ) No DUMPING OF DEBRIS WHICH MIGHT BE MOVED DOWNSTREAM DURING PERIODS OF FLOOCING SHALL BE PERMITTED; AND ( 4) ACCESSORY BUILDINGS OR OTHER STRUCTURES LOCATED IN AREAS SUBJECT TO FLOODING SHALL BE CONSTRUCTED ONLY AFTER HAVING BEEN APPROVED BY THE WELD COUNTY PLANNING COMMIS- SION, 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 SE PERMITTED IN THE "H" HIGH DENSITY RESIDENTIAL DISTRICT, THE "E" ESTATE DISTRICT, AND 1N THE "R" RESIDENTIAL DISTRICT, SUBJECT IN EACH INSTANCE TO BE- ING SHOWN ON A PLAN AS DEFINED, PROCESSED AND APPROVED BS FOLLOWS: (1) A UNIT DEVELOPMENT SHALL BE DEFINED AS A PROJECT WHICH IS CONTROLLED BY ONt OWNER, CORPORATION OR AGENCY, OR THE SUBJECT OF AN APPLICATION FILED JOINTLY BY THE OWNERS OF THE PROPERTY TO BE INCLUDED, WHICH IS LOCATED ON AT LEAST 20 ACRES OF LANG, IN- CLUDING USUABLE 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 SE ACHIEVED WHILE STILL PROTECTING THE SURROUNDING AREAS. SUPPLEMENTARY REGULATIONS 17 NORMAL ZONING STANDARDS FOR "MINIMUM SETBACK," "MINIMUM LOT AREA," "MINIMUM LOT WIDTH," "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 INFORMATION: PROPOSED NAME OF THE AREA; TOTAL ACREAGE; A SITE PLAN SHOWING THE PROPOSED LOCATION AND DIMENSIONS OF ALL STRUCTURES; LAND TO BE RETAINED AS FUNCTIONAL OPEN SPACE, THE PURPOSE FOR WHICH IT IS TOO 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 DENSITY OF DEVELOPMENT; A LEGAL DESCRIPTION OF THE PROPERTY; THE PROPOSED CONSTRUCTION SCHEDULE; LANDSCAPING PROPOSALS; AND SUCH ADDITIONAL INFORMATION AS MAY BE REQUESTED BY THE COUNTY PLANNING COMMIS- SION AND BY THE BOARD OF COUNTY COMMISSIONERS IN ORDER TO JUSTIFY GRANTING THE UNIT DEVELOPMENT. ( 4 ) UNIT DEVELOPMENTS SHALL HAVE - (5) A MAXIMUM DENSITY NOT TO EXCEED 12 DWELLING UNITS PER ACRES; AND A MINIMUM AMOUNT OF USABLE OPEN SPACE (EXCLUSIVE OF PARKING AND STREETS) OF NOT LESS THAN 25 PERCENT OF THE TOAL ACREAGE. REVIEW PROCEDURE . . BEFORE A BUILDING PERMIT IS GRANTED FOR A STRUCTURE WHICH IS PART OF A UNIT DEVELOPMENT PEAN, A GENERAL PLAN FOR THE ENTIRE UNIT DEVELOPMENT SHALL BE APPROVED BY THE COUNTY PLANNING COMMISSION AND BY THE BOARD OF COUNTY COM- MISSIONERS WHO SHALL SE GUIDED IN THEIR REVIEW BY THE INTENT OF THIS ZONING RESOLU- TION, BY THE UNIQUE 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 COUNTY COMMISSIONERS. PROPOSED AMENDMENTS TO THE OFFICIAL UNIT DEVELOPMENT PLAN SHALL BE PROCESSED IN A SIMILAR MANNER. NON -CONFORMING USES AND BUILDINGS 18 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 RESOLUTION, OR OF ANY AMENDMENTS TO THIS RESOLUTION, MAY BE CONTINUED EVEN THOUGH SUCH USE OR LOCATION DOES NOT CONFORM TO THE REQUIRMENTS OF THIS RESOLUTION. 7.1 REPAIRS AND MAINTENANCF ( 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 RE- STORED TO ITS ORIGINAL CONDITION, PROVIDED SUCH WORK IS CONMMENCED WITHIN ONE YEAR OF SUCH CALAMITY. 7.3 ABANDONMENT (1 ) WHENEVER 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 CONFOR- MANCE 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, on 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 19 SECTION VIII 8.1 GENERAL PROCEDURE AMENDMENTS TO THIS RESOLUTION SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLO- RADO WHICH REQUIRE THE FOLLOWING ACTION BEFORE ADOPTION OF ANY SUCH AMENDMENTS: (1 ) STUDY AND RECOMMENDATION OF THE PROPOSED AMENDMENT BY THE WELD COUNTY PLANNING COM- MISSION. (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 GR/EN By AT LEAST ONE PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE COUNTY. 8.2 SPECIAL PROCEDURE BEFORE SUBMITTING A REPORT AND RECOMMENDATION OF ANY PROPOSED AMENDMENT TO THIS RE3OUITION, AS REQUIRED IN NO. 1 ABOVE, THE COUNTY PLANNING COMMISSION MAY 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 SUBMIT 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 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 PROPERTY OWNER DUE TO CLERICAL OM- ISSION SHALL NOT AFFECT THE VALIDITY OF ANY HEARING OR DETERMINATION OF THE COUNTY PLANNING COMMISSION. (3) FOR PROPOSED AMENDMENTS TO 7HE "ZONING AREA MAP", 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. (4 ) FOR PROPOSED AMENDMENTS TO THE ZONING AREA MAP, THE COUNTY PLANNING COMMISSION SHALL REQUIRE THE APPLICANT TO POST PUBLIC NOTICES ON THE PROPERTY REQUESTMG REZON- ING. 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) (e) (c) (0) REZONfNG REQUEST NUMBER FROM ZONING DISTRICT TO ZONING DISTRICT; DATE AND PLACE OF PUBLIC HEARING; LOCATION AND PHONE NUMBER OF THE PUBLIC OFFICE WHERE ADDITIONAL INFORMATION CAN BE OBTAINED. AMENOM:ENTS 8.3 REASONS FOR REZONING 20 REQUESTS FOR REZONING OF TRACTS WITHIN WELD COUNTY SHOULD BE SUPPORTED BY DETAILED AND SUBSTANTIAL EVIDENCE THAT SUCH REZONING IS NECESSARY. RECENT FINDINGS AND ORAL STATEMENTS BY THE PETITIONERS SHOULD SHOW VERY CLEARLY THAT EITHER THE ORIGINAL ZONING WAS FAULT)/ OR THAT CHANGING CONDITIONS IN THE AREA NOW JUSTIFY A NEW CLASSIFICATION. WITHOUT THE PRE- SENTATION OF SUCH SUPPORTING DOCUMENTION, THE COUNTY PLANNING COMMISSION SHOULD NOT REC- OMMEND A CHANGE IN ZONING. THE FOLLOWING ARGUMENTS WHICH ARE FREQUENTLY PRESENTED ARE NOT SUFFICIENT GROUNDS FOR RE- ZONING: "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 SUF- FIENT 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. WHENEVER A CHANGE IS RECOMMENDED, THE PLANNING COMMISSION MUST ASSUME THAT THE MOST DETRIMENTAL USES PERMITTED IN SUCH ZONE MIGHT OCCUR. FURTHER- MORE, 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"1T DOESN'T SEEM TO MAKE ANY DIFFERENCE" OR "WE THINK IT WILL HELP THE COUNTY TAX BASE "MAY LEAD TO SERIOUB PROBLEMS. ZONING IS A COMPLICATED LEGAL PROCESS WHICH MUST BE ADMINISTER- ED IMPARTIALLY, IN THE BEST INTERESTS OF THE ENTIRE COUNTY, ON THE BASIS OF FACTS, NOT WISHFUL THINKING. 8.4 CONDITIONAL REVIEW REZONING REQUEST FOR AN NFl, T, B, C, I ORS DISTRICT SHALL BE ACCOMPANIED BY A TENTATIVE SITE PLAN AND A TENTATIVE TIME SCHEDULE FOR CONSTRUCTION OF THE DEVELOPMENT. WITHIN SIX MONTHS AFTER REZONING TO ONE OF THE ABOVE DISTRICTS, THE OWNER OR HIS REPRESENTATIVE SHALL PRESENT A FINAL SITE PLAN AND FINAL CONSTRUCTION SCHEDULE TO THE COUNTY PLANNING COMMIS- SION FOR THEIR REVIEW AND RECOMMENDATIONS. CONSTRUCTION OF THE PROPOSED BUILDINGS SHALL_ COMMENCE WITHIN 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 BY THE COUNTY COMMISSIONERS, THE COUNTY PLANNING COMMISSION SHALL IN- STIGATE ACTION TO REZONE THE DISTRICT. BOARD OF ADJUSTMENT VAR I ANCE S __- 21 SECTION Ix THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD SHALL HAVE THE FOLLOWING FUNCTIONS AND POWERS IN RE- SPECT 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 ABIL- ITY 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, DEPART- MENT, BOARD OR BUREAU OF THE COUNTY AFFECTED BY THE GRANTING OR REFUSAL OF A BUILD- ING PERMIT OR OTHER DECISION OF ANY ADMINISTRATIVE OFFICE OR AGENCY BASED ON OR MADE IN THE COURSE OF THE ADMINISTRATION OP ENFORCEMENT OF THE PROVISIONS OF THIS RESO- LUTION. (2 ) APPEALS TO THE BOARD OF ADJUSTMENT MUST BE MADE IN WRITING AND FILED WITH THE BCH RD OF ADJUSTMENT WITHIN 60 DAYS OF THE ACT OR FAILURE TO ACT OR DECISION APPEALEDFP.urt. (3) UPON APPEALS THE BOARD OF ADJUSTMENT SHALL HAVE THE FOLLOWING POWERS: (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 RESOLUTION. (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 FG? CONDITIONAL USE PERMITS 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 ENACTMENT 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 DIFFICULTIRES TO, OR EXCEPTIONAL AND UNDUE HARDSHIP UPON, THE OWNER OF SUCH PROPERTY, A VARIANCE FROM SUCH STRICT APPLI- CATION MAY BE GRANTED SO AS TO RELIEVE SUCH OIFFICULTIES OR HARDSHIPS; PRO- VIDED, HOWEVER, THAT SUCH RELIEF MAY BE GRANTED WITHOUT SUBSTANITAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT SUBSTANTIALLY IMPAIRING THE INTENT AND PURPOSE OF THIS ZONING RESOLUTION; AND THAT THERE ARE EXCEPTIONAL CIRCUMSTANCES APPLY- ING TO THE SPECIFIC PIECE OF PROPERTY WHICH DO NOT APPLY GENERALLY TO THE RE- MAINING PROPERTY IN THE SAME ZONING AREA OR NEIGHBORHOOD. (D) To PERMIT THE EXTENSION OFA NON -CONFORMING USE THROUGHOUT A LOT OR ANY BUILD- ING 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 EHE PUBLIC 6000 ANO WITHOUT SUBSTANTIALLY IMPAIRING THE INTENT AND PURPOSE OF THIS ZONING RESOLUTION. B0AR0 OF ADJUSTMENT, VARIANCES 22 9.2 PROCEDURE (1 ) ALL MEETINGS AND HEARINGS or 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 PRESEN- TED 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. (3) 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 ADJUSTMENT AND FAILURE TO MAIL SUCH NOTICE 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 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 ADJACENT TO THE PROPERTY IN QUESTION. MAILING SUCH NOTICE SHALL BE DISCRETIONARY WITH THE BOARD OF ADJUSTMENT AND FAILURE TO MAIL SUCH NOTICE SHALL NOT AFEECT THE VALIDITY OF ANY HEARING OR DETERMINATON 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 PROCESSING. FOR ALL OTHER VARIANCE REQUESTS, A FEE OF $10.00 SHALL BE CHARGED TO COVER SUCH COSTS. INTERPRETATION, VAt DI TV, ENFORCEMENT 23 SECTION X 10.1 INTERPRETATION (1 ) 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. i;HENEVER THE REQUIREMENTS OF THIS RESOLUTION ARE AT VARIANCE WITH THE REQUIREMENTS OF ANY OTHER LAWFULLY ADOPTED RULES, REGULATIONS OR RESOLU- TIONS, 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 VALIDI- TY OF THIS RESOLUTION AS A WHOLE OR ANY PART THEREOF, OTHER THAN THE PART SO DECLAR- ED TO BE INVALID. 10.3 PNFORCEMENT (1 ) IT SHALL BE UNALWFUL TO ERECT, CONSTRUCT, RESONSTRUCT, ALTER OR CHANGE THE USE OF ANY BUILDING OP OTHER STRUCTURE WITHIN THE ZONED AREA IN WELD COUNTY WITHOUT OBTAIN- ING A BUILDING PERMIT FROM THE BOARD OF COUNTY COMMISSIONERS OR ITS AUTHORIZED REP- RESENTATIVE, AND THE BOARD OF COUNTY COMMISSIONERS OR ITS AUTHORIZED REPRESENTATIVE SHALL NOT ISSUE ANY PERMIT UNLESS THE PLANS OF AND FOR THE PROPOSED ERECTION, CON- STRUCTION, RECONSTRUCTION, ALTERATION, OR USE FULLY CONFORM TO THE ZONING REGULA- TIONS 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 CON- STRUCTION WITH A TOTAL COST OF LESS THAN $100.00 SHALL BE EXEMPT FROM PAYING A BUILDING PER1.'I7 FEE. V IOLAT I ONS AND PENAL T I ES 24 SECTION XI 11.1 GENERAL IT SHALL BE UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT, ALTER, MAINTAIN OR USE ANY BUILD- ING OR STRUCTURE OR TO USE ANY LAND IN VIOLATION OF ANY PROVISION OF THIS ZONING RESOLU- TION, 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 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, CONSTRUCTED, RECON- STRUCTED, ALTERED, MAINTAINED OR USED, OR ANY LAND IS PROPOSED TO BE USED, IN VIOLATION OF ANY PROVISION OF THIS RESOLUTION, OR ANY AMENDM£NT THEREOF, THE BOARD OF COUNTY COMMIS- SIONERS OF THE COUNTY OF WELD, THE DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, OR ANY OWNER cr REAL ESTATE WITHIN THE ZONED AREA, IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW, MAY INSTITUTE INJUNCTION, MANDAMUS, ABATEMENT OR ANY OTHER APPROPRIATE ACTION OR PROCEEDING TO PREVENT, ENJOIN, ABATE OR REMOVE SUCH UNLAWFUL ERECTION, CONSTRUCTION, RE- CONSTRUCTION, ALTERATION, I. :AINTENANCE, OR USE. DEFINITIONS 25 SECTION XII 12.1 GENERAL WHEN NOT INCONSISTENT WITH THE CONTENT, WORDS USED IN THE PRESENT TENSE INCLUDE THE FU- TURE; WORDS IN THE SINGULAR NUMBER INCLUDE THE PLURAL NUMBER; WORDS IN THE PLURAL NUMB- ER; AND THE MASCULINE INCLUDES THE FEMININE. 12.2 TERMS AND WORDS FOR THE PURPOSE OF THIS RESOLUTION CERTAIN TIERMS AND WORDS ARE HEREBY DEFINED AS FOLLOWS: ( 1) "ACCESSORY BUILDING" 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 OP 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 SECOND- ARY MEANS OF ACCESS TO ABUTTING PROPERTY. 4 ) "AREA, I'IINIMUM LOT" THE TOTAL AREA WITHIN THE PROPERTY LINES OF THE LOT, EXCLUDING ADJACENT STREETS EX- CEPT 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 OCCUPANTS IMMEDIATE FAM- ILY WHO MIGHT BE OCCUPYING SUCH BUILDING. THE WORD "COMPENSATION" SHALL INCLUDE PAYMENT 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 INCLUDING ADVERTISING SIGN BOARDS OR FENCES. DEFINITIONS 12.2 TERMS AND WORDS (CONTINUED (7 ) "BUILDING HEIGHT" THE VERTICAL DISTANCE FROM THE "GRADE" TO THE HIGHEST POINT OF THE ROOF SURFACE. (8 ) "BUILDING, PRINCIPAL" 26 A BUILDING IN WHICH IS CONDUCTCD 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 OTH- ER ANIMALS, WHERE 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/OR (C) THE RESTRICTED AREA OF THE FEEDING OPERATION EXCEEDS 25% OF THE FARM'S LAND AREA; ANY FEEDING OPERATION WHICH DOES NOT MEET THE PRECEDING CONDITIONS SHALL NOT BE CON- SIDERED "COMMERCIAL" AND THEREFORE SHALL BE PERMITTED AS A "FARM USE". (1!1) "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 BUILD- ING. (11) "DWELLING, ONE FAMILY" A DETACHED 6UILOrNC, DESIGNED EXCLUSIVELY FOR, AND OCCUPIED BY ONE FAMILY. (12) "DWELLING, MULTIPLE FAMILY" A BUILDING OCCUPIED BY TWO OR WORE FAMILIES LIVING INDEPENDENTLY OR 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. DEF I N I T IONS 27 12.2 TERMS AND WORDS (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 INDIVID- UALS 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) tS 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 PURPOSES AND DOES NOT CHANGE THE CHARACTER THEREOF, PROVIDING THAT NO ARTICLES SOLD OR OFFERED FOR SALE EXCEPT SUCH AS MAY BE PRODUCED BY MEMBERS OF THE IMMEDIATE FAM- ILY 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 HONES, 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 PARTLY OR WHOLLY ASSEMBLED INTO USEFUL OBJECTS, MOTOR VEHICLES, OR MACHINERY. D E F I N I T IONS 28 12.2 TERMS AND WORDS (CONTINUED) (21) "KENNEL" ANY LOT OR PREMISES ON WHICH HARBORED. (22) "LoT" FOUR OR MORE ANIMALS AT LEAST FOUR MONTHS OF AGE ARE 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) "LOT LINE, SIDE" ANY LOT LINES OTHER THAN FRONT LOT LINES OR REAR LOT LINES. (27) "MEMBERSHIP CLUB" AN ASS' .iATION or PERSONS, WHETHER INCORPORATED OR UNINCORPORATED FOR SOME COMMON PURPOS: 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 GATE 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 RESOLU- TION. D E F I NI T IONS 29 12.2 TERMS AND WORDS (CONTINUED) (30) "OCCUPIED" THE WORD "OCCUPIED" INCLUDES ARRANGED, DESIGNED, BUILT, ALTERED, CONVERTED, 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, STRUCTURE OR THING WHATSOEVER. (32) "PERSON" THE WORD "PERSON" SHALL ALSO INCLUDE ASSOCIATION, FIRM, CO -PARTNERSHIP, OR CORPORr AT ION. (33) "PROFESSIONAL OFFICE" AN OFFICE FOR PROFESSIONS SUCH AS PHYSICIANS, DENTISTS, LAWYERS, ARCHITECTS, ENGI- NEERS, 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 MERCHANDISE EXISTS. (34) "PUBLIC WATER AND PUBLIC SEWER FACILITIES" THOSE FACILITIES OF A MUNICIPALITY OR SANITATION DISTRICT APPROVED BY THE WEL000UN- TV 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 IDFNTIFICATION" 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". DEFINITIONS 30 I 12.2 TERMS AND WORDS (CONTINUED) (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. (39) "USE" (48) THE PURPOSE FOR WHICH LAND OR BUILDING IS DESIGNED, ARRANGED, OR INTENDED, OR FOR WHICH EITHER IS OR MAY BE OCCUPIED OR MAINTAINED. "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. (41) "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. " (42) "YARD" AN OPEN SPACE OTHER THAN A COURT, ON A LOT, UNOCCUPIED AND UBOBSTRUCTED FROM 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 11E NEAREST LINE OR POINT OF THE BUILDING. (44) "YARD. REAR" (45) • • A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT BETWEEN THE REAR LOT LINE AND THE NEAREST LINE OR POINT OF THE BUILDING. "YARD. SID'" 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 13.1 REPEALS 13.2 (1) SECTION XIII 31 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 RES- OLUTION OR PORTION THEREOF REPEALED BY SAID RESOLUTION. ( 3) SUCH REPEALS SHALL NOT AFFECT OR PREVENT THE PROSECUTION OR PUNISHMENT OF ANY PER- SON FOR THE VIOLATION OF ANY RESOLUTION REPEALED HEREBY, FOR AN OFFENSE COMMITTED PRIOR TO THE REPEAL. gNACTMENT (1 ) UPON APPROVAL AND ADOPTION OF THIS RESOLUTION, A CERTIFIED COPY THEREOF, ANCLUDING 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 SHALL BE IN FULL FORCE AND EFFECT AFTER ITS APPROVAL ANDADOPTION AS PROVIDED BY LAW. (3) APPROVED AND ADOPTED THIS 29TH DAY OF MAY, A. D. 1961. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: (SIGNED) ELMER L. SFIULTZ ATTEST: (SIGNED) EDITH N. FLATELAND • DEPUTY COUNTY CLERK • Hello