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HomeMy WebLinkAbout700485.tiff • • OFFICIAL ZONING RESOLUTION FOR UI3E IN AREAS =MILD IN h WELD COUNTY , COLORADO 19 b REV ISCG C NOVEMBER 1?, 1970 OFFICIAL ZONING RE. SOLUTION y WELD COUNTY PLANNING COMMISSION • PURPOSE ZONING PROVIDCS T1':: SAVE TYPE OF C@6MON SENSE DIVISIONS OF BUSINESS, RESIDENTIAL, AND IN- DUSTRIAL AREAS THAT WE CREATE IN OUR OWN HOMES BY THE USE OF WALLS TO SEPARATE LIVING, SLEEPItn, WORKING, AND STORAGE AREAS. BY THE USE OF WELL ESTABLISHED LEGAL Ph..NCIPLES, ZONING MAKLS POS- SIDLE 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, 1HE PUBLIC HEALTH, SAFETY AND WELFARE ARE PROMOTED THROUGH ZONING IN THE FOLLOWING WAYS: ( 1 ) PROPERTY VALUES Ant 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 BUILDItUS 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. r ( 6 ) INCREASED SAFETY ANO CO.SEQUEN` LOWER FIRE INSURANCE RATES RESULT FROM THE PREVENTION C" IWERCROWDING AND SEGnECAT ION OF HAZARDOUS USES. (7 ) RESIDENTS ARE MiCTECTED AGAINST LOSS OF LIGHT AND AIR DUE TO THE BULK AND PROXIMITY OF NEIGHBORING DEVELOPMENTS. (8 ) FIRE FIGHTING EF°ICIENCY IS AIDED tY THE RESERVATION OF FRONT, SIDE AND REAR YARDS. (9 ) PUBLIC HEALTH IS P:'.OTECTED FROM DISEASES RESULTING FROM UNSANITARY, OVERCROWDED ODNDITIONS. (10) STREET AND HIGHt:AY CONGEL7.OrJ, SAF'LTY N:J tC .TS ARE INFLUENCED BY OFF-STREtT PARKING REQUIREMENTS, SPECIFICATIONS FOR ADEQUATE SIGHT DISTANCE AT INTERSECTIONS, AND FWJi:T vARD AND SET;P,Pc REQUIREMENTS. (!1) UTILITY, SCHOOL, PARK ANO OTHER PUBLIC REQUIREMENTS MAY BE MORE EFFICIENTLY PROM OED WHERE ZONING INDICATES FUTURE LAND USE AND DENSITIES. • • TABLE .. OF CONTENTS V EMS IUTRODUCTION 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 McNamara VIII 20 BOARD OF ADJ';STMENT, VARIANCES IX 21 ' INTERPRETATION, VALIDITY, ENFORCEMENT X 23 VIOLATIONS AND PENALTIES XI 24 DEFINITIONS XII 25 REPEALS AND ENACTMENT XIII 31 INTRODUCTION 1 .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 SGN- 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 %EN 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 DETERMMC HOW THE PROPOSED LAW WOULD OPERATE, WHEREVER AP- . PLICABLE, PROVISIONS OF THE CITY OF GREELEY ZONING ORDINANCE HAVE BEEN USED, SO THAT UNNECESSARY CONFUSION OF TERMS NAY BE AVOIDED. FURTHER INFORMATION MAY BE OBTAINED BY CONTACTING MEMBERS OF THE WELD COUNTY PLANNING COM- 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 COMITY, COLORADO; ACOPTING 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-1, [(FINING 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 COMPS or WEt0: 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. 4 DISTRICTS AND MAP 3 SECTION I 1 . 1 Establishment of Districts In order to carry out the provisions of this resol - ution 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 R - Residential District H - High Density Residential District MH - Mobile Home District T - Transitional District B - Business District C - Commerical District I - Industrial District S - Scientific District C-0 - Conservation District ( Rev . 11 /12/70 ) A-P - Airport Zone District ( Rev . 12/20/72 ) 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 in- formation 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 , district boundaries shall be on section lines ; lot lines ; the center lines of highways , streets , alleys , railroad right-of-ways , or such lines extended ; muni - cipal corporate lines ; natural boundary lines , such as streams or lakes ; or other lines to be determined by the Board of Ad- justment 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 sub- sequent 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 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, 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 INCLUDED AMONG THE USES HEREINAFTER LISTED AS PERMITTED IN THE DISTRICT IN WHICH SUCH BUILDING, LAND OR PREMISES IS LOCATED. 2. ND 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 SH,iLL 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 CONSIDERED AS PROVIDING A YARD OR OTHER OPEN SPACE FCR ANY OTHER BUILDING, AND NO YARD OR OTHER OPEN SPACE ON ONE LOT SHALL SE 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 vari - ous districts established by this resolution , are hereby ad- opted and declared to be a part of this Resolution , and may be amended in the same manner as any other part of this Res- olution . The regulations listed for each district as desig- nated 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 permit- ted in any particular district shall be deemed to be an ex- clusion of such use from a more restricted district , unless such use is specifically permitted in the more restricted dis - rict under the language set forth in the schedule . 3 . 3 Uses Permitted in the "A" , Agricultural District ( 1 ) Farm , ranch and garden building uses ; ( Rev . 3/21 /73) ( 2 ) Airports , radio transmitting towers , water treatment plants , storage tanks , sewage treatment facilities and sanitary land fill . . . subject to approval as to loc- ation by the Board of County Commissioners . ( 3 ) Cattle feeding and the raising of fowls , rabbits , hogs and other animals for commercial 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 , MH , T , B or S zoning district boundary line ; (b ) 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 Commissioners . (4 ) Cemeteries ; ( 5 ) Cultivation , storage and sale of crops , vegetables , plants , flowers and nursery stock produced on the prem- ises ; and temporary storage in transit of crops not raised on the premises and not for sale on said premises ; ( 6 ) Fairgrounds ; ( 7 ) Grange Halls ; Use and Density Schedules 5-A (8) Gravel pits , quarries and open mining operations subject to approval as to location by the Weld County Planning Commission and subject to the special provisions of Section VI , SUPPLEMENTARY REGULATIONS , paragraph 6 . 1 , Uses Permitted , sub-heading ( 3) . ( 9) Oil drilling facilities ; ( 10) Riding stables ; ( 11 ) Veterinary hospitals ; ( 12) Public parks , playgrounds and other public recreation areas owned and operated by a governmental or other non-profit agency ; ( Rev . 3/21 /73 ) ( 13) Churches and church schools ; ( Rev . 3/21 /73 ) ( 14 ) Public schools ; ( Rev . 3/21 /731 ( 15 ) Public utility mains , lines and substations . . . where no public office and no repair or storage facilities are maintained ; ( Rev . 3/21 /73) ( 16 ) One-family dwelling on (a ) a parcel of land created under the provisions of Section 9 of the Subdivision Regula- tions of Weld County , August 30 , 1972 ; and ( b) a parcel of lard exempt from the definition of subdivision or sub- divided land as provided in Section 2-1 of the Subdivi - sion Regulations of Weld County , August 30 , 1972 . ( Rev . 3/21 /73 ) . • USE AN DEND ITV SCHEDULES 6 3.3-A USES PERMITTED AN 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 ARE 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, MH, T, B 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 IRE". 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 r 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 RE- PAIR OR STORAGE FACILITIES APE MAINTAINED; D ALLY( 8 ) ATE TOEANDLDEVOTED EXCLUSIVELY'(TO THE MAIN CH ARE RUSE YOFN THE OPREMISES AND IE INCLUDING NTAL TO, SI (BUTIN ACCESSORY USES, 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 1:", ESTATE DISTRICT AS STATED THEREFORE. 3.6 USES PERMITTED IN THE "H". HIGH DENSUY RESIDENTIAL DISTRICT ( 1 ) ALL USES PERMITTED IN THE "R", RESIDENTIAL DISTRICT AS STATED THEREFORE; ( 2 ) BOARDING AND ROOMING HOUSES; ( 3 ) COU EGES AND PRIVATE SCHOOLS; ( 4 ) DOR (TORIES, SORORITY AND FRATERNITY HOUSES; ( 5 ) HOSPITALS, REST HOMES, CONVALESCENT HOMES, AND NURSING HOMES; ( 6 ) MULTI•FAMILY DWELLINGS; ( 7 ) PRE-SCHOOL AGE'NURSERIES; (8 ) 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 dent the following conditions are mobile elhomoes (out aide sub— divisions or mobile home parks) pr met: (A) The minimum lot area all,! minimum setbacks per mobile home shall be the same as required for a dwelling in the "R" Residential District; (B) The subdivisions shall conform to all requirements of the Subdiv— ision Regulations of Weld County; and (C) Ehch mobile home, whether it is a part of a Subdivision or not, shall be required to meet the standards of the Mobile Hose and Mobile Home Park Regulations of Weld County regarding "water supply, "Sewage disposal," "refuse disposal," 'electricity', "fuel", and "alterations and additions." (2) Mobile Home Parka, including accessory buildings and uses for service and recreation provided each mobile home park is constructed according to a recorde.l Unit Development Plan. (Rev 10/7/70) 3.7 Uses Permitted in the "T". Transitional District (1) All uses permitted in the "H", High Density Residential District as • stated therefore; (2) Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock woduced on the premises; (3) Medical and dental clinics; (4) Membership clubs; (5) Motels and hotels; (6) Professional offices; (7) Tourist homes; (8) Undertaking establishments. 3.8 Uses Permitted in the "B", Business District (1) All uses permitted ,n the "'T", Transitional District as stated therefore; (2) Automobile parking areas; (3) Banks; (4) Gasoline service stations; (5) Offices; (6) Personal service shops; (7) Places for the conduct of any restricted retail business not of a commercial, industrial or manufacturing nature; (8) Places of amusement or recreation; (9) Places service food or beverages; (10) Places of assembly; (11) Studios; (12) Theatres. USE AND DENSITY SCHEDULES 8 3.9 USES PERMITTED IN THE "C^, COMMERCIAL DISTRICT ( 1 ) ALL USES PERMITTED IN THE "B", BUSINESS DISTRICT AS STATED THEREFORE; ( 2 ) AUTOMOBILE REPAIR SHOPS ( 3 ) BAKERIES; (4 ) BOTTLING ICRK5; ( S ) BUILDERS' SUPPLY YARDS, SALE OF CEMENT AND CONCRETE PRODUCTS, AND LUMLER YARDS; ( 6 ) CABINET MAKING AND CARPENTER SHOPS; (7 ) CLEANING AND DYEING ESTABLISHMENTS; ( B ) 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 SHOt ;; (16) PRINTING AND 'UBLISHING ESTABLISHMENTS; (17) ROOFING SHOPS; • (18) STORAGE WAREHOUSES; STORAGE OF OIL, GASOLINE AND PETROLEUM PRODUCTS; (19) TIN SHOPS; (20) UPHOLSTERY SiOP5; (21) USED CAR LOTS; (22) VETERINARY HOSE TALS. 3.10 UsES PERMITTED IN THE "I"_ INDUSTRIAL DL5TR$�t ( I ) All USES PEEMI TTEO IN THE "C, COMMERCIAL DISTRICT AS STATED THEREFORE; EXCEPT THAT ALL USES SPECIFICALLY LISTED tN THE "H", HIGH DENSITY RESIDENTIAL DISTRICT AND IN THE "T" TRANSITIONAL DISTRICT SHALL NOT BE PERMITTED IN THE .1" INDUSTRIAL DISTRICT. ( 2 ) THE FOLLOWING OPERATIONS SHALL HAVE THE APPROVAL OF THE BOARD OF COUNTY COMMISSION- ERS: (A) ANY INDUSTRIAL OR MANUFACTURING OPERATION; (B) JUNK YARDS AND SALVAGE YARDS; (C) SANITARY LAND FILL AND DUMPING OPERATIONS; (D) SLAUGHTER HOUSES AND PACKING HOUSES. 3.11 USES PERMITTED IN THE "5", SCIENTIFIC DISTRICT ( 1 ) ALL USES PERMITTED IN THE "C", ESTATE DISTRICT AS STATED THEREFORE; ( 2 ) 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 Dr24S1TY SCH DULeS 9 3.1.1 Uger oa,�1 ;d ,: I,}Ry ; e_ _., r,� al 9tr Ct (continued) (21 (A) nit pa drut c . ! e na operated enUir. l; within an enclosed (p) Dart , ' '.'a .;, odor` r .... : matter, smoke, vapor, noise, lights, sea vinr� o-inn ahol le , ._.lined to the premises of the lot upon ._..^.h ,;,, u:., is ._2c,tired. and (C) :rave, and parking portions of the _: ot shall be surfaced with asphalt, concrete or nquIvalant pnoing. 3.12 Uses per:vittac in the "C—U", Conservation District (Rev. 8/12/70) (1) C:mteterles; (2) Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock produced or; the• premises; and temporary storage in transit cC crops not raised on the premises and not for sale on said premises; (3) Fairgrounds; (4) Grange Halls; (5) Gravel pits, quarries and open mining operations subject to approval as to locati'm by the 'held: County Planning Commission and subject to the special xovisions of S€ctior. O , SUPPLPI+!r:NThdY R3GULATIONS, Paragraph 6. ., Uses Permitted, sub—heading (3) . (6) Cii Dr illinb Fac'_ litie s; (7) Riding Stables; (8) Getcrinary hospitals; (9) Public parks, Flay;rounas and other public recreation areas owned and operated t a gorernmentai or other non—profit agency; (10) Public utility mains, lines and substations where no public, office and no repair or storage faci1Ities are maintained; (11) One single family dwellir ; (12) Buildings and structures customarily accessory to the permitted uses, provided that no dwellings are located within such area except as specifically provides heroin; (13) (1) 'rater treatment plants, storage tanks, sewage treatment fac— cilities ann. sanitary land fill areas subject to the approval as to locations by tar } fl-r Pfl-rri of Count ccm-aisstoners. (2) Cattle '' olio,; and the raising of fowls, .'abbits, hogs and other animals for commercial use, provides each of the following con— ditions is met: (a) Commercial feed yards shall be located at least 660 feet from any residence en another lot, from any public place of assembly, and from any E, R, H, MH, T, B, or S zoning district boundary line; (b) Commercial Peer: yards shall be located at least 660 feet from any Ctato or cadooal highway right of way; and (c) All such us s :Nail hr: approved as to location by the Board of County Co?missieners. (Rev. e/12/70). USE AND DENSITY SCHEDULES 9-A 3 . 13 Uses permitted in the "A-P" , Airport Zone District (1 ) Definitions For the purpose of this Section , the words and phrases set forth in this Section shall have the means re- spectively ascribed to them herein : (a) AIRPORT Weld County Municipal Airport , located in Sections 2 and 3 , T5N , R65W , Weld County , Colorado . (b ) AIRPORT ELEVATION The established elevation of the highest point on the usable landing area (4 ,648 feet above sea level ) . (c ) AIRPORT HAZARD Any structure , tree or use of land which obstructs the airspace ^equired for , or is otherwise hazardous to , the flight of aircraft in landing or taking off at the air- port . (d ) AIRPORT REFERENCE POINT • The point established as the geographic center of the air- port landing area . The reference point at Weld County Municipal Airport is a point 2 ,700 feet west of the east line of Section 2 , T5N , R65W , Weld County, Colorado and 2 ,200 feet north of the south line of said Section 2 . (e) HEIGHT For the purpose of determining the height limits in all surfaces set forth in this Section and shown on the zoning map , the datum shall be mean sea level elevation unless otherwise specified . (f) INSTRUMENT RUNWAY The East-West Runway , No . 9-27 , equipped , or to be equip- ped with a precision electronic navigation aid , landing aid , or other air navigation facilities suitable to per- mit the landing of aircraft by an instrument approach under restricted visibility conditions and described as follows : 1 . Instrument Runway : A tract of land in Sections 2 and 3 , T5N , R65W , situated in Weld County , Colorado , or more part4 - ularly described as follows : Beginning at the intersection of State Highway 263 and Darling USE AND DENSITY SCHEDULES 9-B Ranch Road , thence North 74°12 ' west a distance of 8 ,500 feet ; said 8 , 500 feet is the centerline of the Instrument Runway , which extends 50 feet on each side of said centerline . • ('g ) NON- INSTRUMENT RUNWAY Runways that are not euuippeu with electronic navigation equipment . The non-instrument runways are the crosswind runway (Runway 15-33 ) and the parallel practice runway (Runway 9L-27R ) . (h ) RUNWAY The area of the Airport constructed and used for landing , and taking off, of aircraft . (1 ) STRUCTURE An object constructed or installed by man , including but not limited to buildings , towers , smoke stacks , overhead transmission lines , signs , drill rigs and cranes . This definition applies to this zone district only . • (j ) THRESHOLD • That imaginary line on the runway perpendicular to the runway centerline which marks the useful limit of the runway . The threshold of all runways is the physical end of that particular runway with the exception being Runway 27 which has its threshold 1 ,050 feet west of the physical end . (2 ) AIRPORT SURFACES In order to carry out the provisions of this Section , there are hereby created and established certain AIRPORT SURFACES that include all rf the 1 - -d and airspace lying below air- port imaginary air surfaces . Such imaginary surfaces consti - tute the height limits of ground objects . Any ground object ( protruding into or through an imaginary surface would be a hazard to air operations . The land areas of the AIRPORT SURFACES are shown on Weld County Municipal Airport Zoning Map consisting of one sheet prepared by Nelson , Haley , Patterson and Quirk , Engineering Consultants , and dated April 10 , 1972 , which is attached_ tn this Sectinn and made a part thereof. The various surfaces are hereby established ne follows : f USE AND DENSITY SCHEDULES 9-C (a ) INSTRUMENT APPROACH SURFACE An Instrument Approach Surface it established at that end of the instrument runway used for precision in- strument landings and takeoffs . The Instrument Ap- proach Surface is trapezoidal in shape and has a width of 1 ,000 feet at a ciscance of 200 feet beyond the end of the runway , widening thereafter uniformly to a width of 16 ,000 feet at a distance of 50 , 200 feet beyond the end of the runway , its centerline being the continua- tion of the centerline of the runway. (b) NON-PRECISION INSTRUMENT APPROACH SURFACE The Non-precision Instrument Approach Surface is estab- lished at that end of an istrument runway not used for precision instrument approaches . The Non-precision In- strument Approach Surface ; s trapezoidal in shape and has a width of 1 ,000 feet at a distance of 200 feet be- yond he threshold , widening thereafter uniformly to a width of 4 ,000 feet at a distance of 10 ,000 feet beyond • the runway threshold , its centerline being the contin- uation of the centerline of the runway. (c ) NON- INSTRUMENT APPROACH SURFACE A -Non- instrument Approach Surface is established at each end of all non- instrument unway3 for non-instrument land- ings and takeoffs . The Non-instrument Approach Surfaces are trapezoidal in shape and have a width of 250 feet at a distance of 200 feet beyond each end of the runway , wid- ening thereafter uniformly to a width of 1 ,250 feet at a distance of 5 , 000 feet beyond each end of the runway , its centerline being the continuation of the centerline of the runway. (3 ) HEIGHT LIMITATIONS WITHIN DESCRIBED SURFACES AND AIR SPACES Except as otherwise provided in this Section , no structure or tree shall be erected , altered , allowed to grow, or main- tained in the area within any surface created by this Section to a height in excess of the height limit herein established for such surface , or by Paragraph 77 . 23 of the Federal Avia- tion Regulations . Such height limitations are hereby estab- lished for each of the surfaces as follows : (a ) HORIZONTAL SURFACE No structu-e or object of natural growth shall penetrate the airspace above 4 , 798 feet above mean sea level with- in the Horizontal Surface . USE AND DENSITY SCHEDULES 9-D (b) INSTRUMENT APPROACH SURFACE Height limits on <.11 objects within the Instrument Ap- proach Surface Pre hereby established according to the following schedule : West Precision Instrument Approach Surface Distance from Runway Edge Height Range 200 ' to 2 , 700 ' 0 ' - 50 ' 2 ,700 ' to 10 , 200 ' 50 ' - 200 ' 10 ,200 ' to 50 ,200 ' 200 ' - 1 ,200' 2 . East Non-precision Instrument Approach Surface Distance from Threshold Height Range 200 ' to 1 ,900 ' 0 ' - 50 ' 1 ,900 ' to 10 , 200 ' 50 ' - 294' The height limit range for the west approach is based upon one foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the runway edge and extending 10 , 200 feet from the end of the west approach ; thence one foot in height for each 40 feet in horizontal distance to a point 50 ,200 feet from the end of the we,t approach . The height limit range for the east approach is based upon one foot in height for each 34 feet in horizontal distance beginning at a point 200 feet from the thres- hold and extending 10 ,200 feet from the threshold of the east approach . (C) TRANSITIONAL SURFACES FOR INSTRUMENT RUNWAY Height limits on all objects within the Transitional Surfaces of the Instrument Runway are hereby establish- ed as follows : One foot in height for each seven (7 ) feet in horizontal distance beginning at any point 500 feet normal to , and at the elevation of , the centerline of the instrument runway , extending 200 feet beyond each threshold thereof , , extending to a height of 150 feet above the established airport elevation (Article A. 2 . ) . In addition to the foregoing , there are established height limits of one foot vertical height for each seven feet horizontal dist- ance measured from the edges of all approach surfaces for • the entire length of the approach zones and extending up- ward and outward to the points where they intersect the USE AND DENSITY SCHEDULES 9-E • horizontal cr conical zone , a height limit of one foot for each seven feet of horizontal distance shall be main- tained beginning at the edge of the instrument approach zone and extending A Jistance of 5 ,000 feet from the edge of the precision instrument approach zone measured normal to the centerline of the runway extended . (d) NON- INSTRUMENT APPI: -_J SURFACE Height limits on all objects within the Non-instrument Approach Surfaca are hereby established as follows : One foot in height for each 20 feet in horizontal dist- ance beginning at a point 200 feet from , and at the centerline elevation oi , the end of the non-instrument runway and extending to a point 5 , 200 feet from the end of the runway . (e) TRANSITIONAL SURFACE FOR NON- INSTRUMENT RUNWAYS Height limits on all objects within the Transitional Surface of the Non-instrument Runways are hereby es- . tablishad as follows : One foot in height for each seven (7 ) feet in horizon- • tal distance beginning at any point 125 feet normal to , and at the elevation nf , the centerline of non-instru- ment runways , extending 200 feet beyond each end thereof , extending to a height of 150 'eet above the established airport elevation welch is 4 , 548 feet above mean sea level . In addition to the foregoing , there are estab- lished height limits of one foot vertical height for each seven foot horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points wher they intersect the hnrizontal or conical surfaces . (f) CONICAL SURFACE Height limits on all objects within the Conical Surface are hereby established as follows : One foot in height for each twenty feet of horizontal distance beginning at the periphery of the Horizontal • Surface , extending to a height of 350 feet above the air- port elevation . USE AND DENSITY SCHEDULES 9-F (4 ) PERFORMANCE REGULATIONS Notwithstanding any other provisions of this Section , no use may be made of land within any surface established by this Section in such a manner as to create electrical in- terference with radio communication between the Weld County Municipal Airport and aircraft , make it difficult for plots to distinguish between airport lights and other lights , result in ylare in the eyes of pilots using the airport , impair visibility in the vicinity of the airport or otherwise endanger the landing , taking off , or maneuver- ing of aircraft at the airport or in the vicinity of the airport . (a ) TRANSITION SURFACE Transition Surfaces are established adjacent to each instrument and non- instrument runway and approach surface as indicated on the zoning map . Transition surfaces symmetrically located on either side of run- ways have variable widths as shown on the zoning map . Transition surfaces extend outward from a line 125 feet on either side of the centerline of the non- instru- ment runway , for the length of such runway plus 200 feet on each end ; and 500 feet on either side of the centerline of the instrument runway , for the length of such runway plus 200 feet on each end , and are paral - lel and level with such runway centerlines . The Transition Surfaces along such runways slope upward and outward one ( 1 ) foot vertically for each seven (7 ) feet horizontally to the point where they intersect the horizontal surface . Further , Transition Surfaces are established adjacent to both instrument and non- instrument approach surfaces for the entire length of the approach surfaces . These Transition Surfaces have variable widths , as shown on the zoning map . Such Transition Surfaces `lare symmetrically with either side of the r.Jrway -roach surfaces from the base of such surfaces and slope upward and outward at the rate of one ( 1 ) foot vertically for each seven (7 ) feet horizontally to the points where they intersect the surfaces of the horizontal and conical surfaces . Addi - tionally , Transition Surfaces are established adjacent to the instrument approach surfaces where they project through and beyond the limits of the conical surface , extending a distance of 5 ,000 feet measured horizon- tally from the edge of the instrument approach surfaces at right angles to the continuation of the centerline of the runway . USE AND DENSITY SCHEDULES 9-G (b) HORIZONTAL SURFACE A horizontal plan 150 feet above the established airport elEvation the perimeter of which is constructed by swinging arcs of 10 ,000 feet from the center of each end of the primary surface of the instrument runway and con- necting these arcs with tangent lines . (c ) CONICAL SURFACE A Conical Surface is established as the area that com- mences at the periphery of the horizontal surface and extends outward therefrom a distance of 4 ,000 feet. The Conical Surface does not include the instrument ap- proach surfaces and transition surfaces . (5) NON-CONFORMING USES The regulations prescribed in this section shall not be con- strued to require the removal , lowering , or other changes or alteration of any structure or object of natural growth not conforming to this section as of the effective date of this section , or otherwise interfere with the continuance of any ' nonconforming use . Nothing herein contained shall require any change in the construction , alteration , or intended use of any structure , the construction or alteration of which was begun prior to the effective date of this section and is dil - igently prosecuted ; provided , however , the owner of any non- conforming structure or object of natural growth is hereby required to permit the installation , operation and mainten- ance thereon of such markers and lights as shall be deemed necessary by the Board of County Commissioners to indicate to the operators of e. ircraft in the vicinity of the Weld County Municipal Airport , the presence of such non-conforming struc- tures or object of natural growth . Such markers and lights shall be installed , operated and maintained at the expense of Weld County Airpc Boar ' (6) VARIANCES Any application filed under Section 3 . 13 ( 5 ) for a variance to the provision of this section shall be submitted for comment to the Federal Aviation Agency and the Board of County Com- missioners prior to consideration of such application by the Board of Adjustment . USE AND DENSITY SCHEDULES 10 3 . 14 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR MINIMUM SETBACK OF BUILDINGS , MINIMUM LOT AREA PER PRINCIPAL USE AND THE MINIMUM LOT WIDTH PER PRINCI- PAL USE : MINIMUM MINIMUM MINIMUM SETBACK LOT AREA ( 1 ) LOT WIDTH (FEET FROM FRONT) DISTRICT (SO . FEET ) (FEET ) LOT LINE A 40 ,000 180 50 A-1 40 ,000 180 50 E 13 ,000 90 20 R 13 ,000 60 20 Alternate S 6 ,500_ 60 20 H 13 ,000 60 20 Alternate S 6 ,500 60 20 MH 5 acres 330 25 (Mobile Home Park only) T 13 ,000 60 25 Alternate S 6 ,500 60 25 B * * 25 C * * 25 I * * 25 S 40 ,000 180 25 C-0 20 acres 600 50 (Rev. 8/12/7' A-P NA NA NA Y (1 ) Larger lot areas may be required by the Weld County Health Depart- ment 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 con- nected to a public sewerage system . "Alternate S" means that the dwelling is connected to a public sewerage system ari to a public water system. * Due to varying requirements , minimum standards shall be established for each use by the Weld County Health Department . NA Not applicable USE AND DENSITY SCHEDULES 10-A 3. 15 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR MINIMUM SIDE YARDS , MINIMUM REAR YARDS AND MAXIMUM HEIGHT OF BUILDINGS : MINIMUM MINIMUM MAXIMUM HEIGHT SIDE YARDS ( 1 ) REAR YARD (2 ) OF BUILDINGS (3 ) , DISTRICT ( EACH YARD IN FT ) ( FEET) (FEET) A NR NR NR A-1 NR NR NR E 2.0 20 40 R 10 20 40 H 10 20 40 MH 10 20 40 T 5 20 40 B NR 20 40 C NR 20 40 I NR 20 NR S 10 20 40 C-0 50 50 40 (Rev . 8/12/70 ) A-P NA NA See Airport Zone Map NR No requirement (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 . (3) Airport - Zone District Map must be checked for further height restrictions . NA Not applicable I 24 r 1//2 i � , I I a , III - :.r;L! . i7 * �3, r I lilt, 3791 1 + CC :-r te /.: 6 1 +, �I^ . Fw ► 1 L t{I t F t F ,. fi f r i i, fir : > • 5 � t / h il 1�/f rile 1111 .. _ _ . _ • V! ': �' "'.y • .1. i 'd l ! A ,/ • / T e - 1 wait? 7 • I ill z ;c I e \ dr« �-s+e .•.. A r 4i.K M1 ai �! x —V , e iVr Y'S X sxx,.t ,� , 1 l.�utl .4 u �, ';.15 ' , ea6et a i } Y t ', CP " ftt A .•i I "�' ? -x j 1 e_C II111 I A I � �lrl �l f•-- �. - r l �l.''4:�'.r. �' �+j ^.I IF � N/p, w r� i/ 'I t�l 'r p 'r♦ A R is M ' • Ili * r , i� (',7 N J r i / iNH"gyp 7Wx� �, , , —'11 r. x ' 11 p r, r ^s.. - i r !r r1e � .j'_ ', ilk o r s -3 � , �y Y nn 91r� r f , , dr i III Y 1r s-' ti v , _ t LLLli • SIGNS 11 SECiIGN IV SIGNS SHALL BE PREMITTED IN THE VARIOUS ZONING DISTRICTS ACCORDING TO THE FOLLOWING REGU- LATIONS: 4.1 SIGNS IN THE E. R. H Pima MH UI$TRICt5 ( 1 ) ONE IDENTIFICATION SIGN PER PRINCIPAL USE SUBJECT TO THE FOLLOWING: USE A. IF AND 2F 2 SQ. FT. 8. If AND MH PARK 16 SQ. FT. C. PUBLIC AND SEMI-PUBLIC USES 32 SQ. FT. (1 SIGN FOR EACH STREET FRONTAGE) ( 2 ) LIGHTING OF SIGNS SHALL BE BY INDIRECT ILLUMINATION ONLY. ( 3 ) "FOR SALE" SIGNS FOR INDIVIDUAL HOMES OR SUDO!VISIONS 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 IGNS IN THE A AND A- DISTRICT ( 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 ,IGNS 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. 8. SUCH SIGNS SHALL RELATE ONLY TO A SERVICE OR PRODUCT PRIMARILY AVAILABLE FOR THE HIGHWAY USER (SUCH AS FOOD, LOPA,ING, GAS, REPAIRS OR ENTERTAINMENT) AND AVAILABLE WITHIN ONE MILE OF A HIGHWA.' EXIT OR IN A COMMUNITY THROUGH WHICH THE HIGHW1.i 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. MINIMUM 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, RER PRINCIPAL USE FOR EACH STREET ADJACENT TO THE PROPERTY SUBJECT TO THE FOLLOWING: • SIGNS 4.3 ( 2 ) CONTINUED A. MAXIMUM AREA PER FACE 60 FT. B. MAXIMUM HEIGHTS 30 FT. C. MINIMUM SETBACK FROM RIGHT CF WAY 25 FT. ( 3 ) ALL LIGHTING SHALL BE BY INDIRECT ILLUMINATION, 4.4 5GNS IN Tr! 3. C. .N7 : CIS;RICT3 ( 1 ) A:I SIGNS PERMITTED IN SECTION 4.1 SUBJECT TO THE REGULATIONS SPECIFIED. ( 2 ) OFF-S:`F DIRECTIONAL SIGNS AND ADVERTISING SIGNS AND BILLBOARDS SUBJECT TO THE FOL- LOWING: A. MAXIMUM AREA PER FACE :00 SQ. FT. B. MAXIMUM HEIGHT - 44 FT. C. MINIMUM SETBACK FROM THE RIGHT OF WAY 25 FT. D. MINIMUM SPACING NONE ( 3 ) IDENTIFICATION SIGNS SHALL BE PERMITTED AS ACCESSORY USES ACCORDING TO THEIU.LOWING: A. MAXIMUM NUMBER PER PRINCIPAL AREA 2 B. MAXIMUM AREA PER FACE 150 SQ. PT. C. MAXIMUM HEIGHT WHEN ADJACENT 10 INTERSTATE INTERCHANGES 45 FT. ALL OTIE R 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 REQUIREMFIT1 ( 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. ( 2 ) 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. (3 ) AN ANNUAL PERMIT FOR ALL PERMITTED SIGNS SHALL BE OBTAINED IN THE WELD COUNTY PLAN- NING OFFICE DURING THE MONTH OF JUNE. • PARK I NG REQU I PEHEIvT S 13 `f C T ION V 5.2 PESCRIPTION OF SPACES EACH OFF-STREET PARKING SPACE SHALL BE NOT LESS (HAN 10 FEET WIDE AND 20 FEET LONG; SHt.LI. 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 Tx.- QUI RED. 5.3 REDUOTI0w No PART OF AN OFF-STREET PARKING SPACE REQUIRED FOR ANY BUILDING OR USE FOR THE PURPO': OF COMPLYING WITH THE PROVISIONS OF THIS RESOLUTION SHALL BE INCLUDED AS A PART OFAN OFF- STREET PARKING SPATE SIMILARLY REQUIRED FOR ANOTHER BUILDING OR USE. SUPPLEMENTARY REGULATIONS 14 SECTION VI 6.L USES PERMITTEQ (i ) GENERAL IN ANY ZONING DISTRICT WHERE A BUILDING, STRUCTURE, OR USE IS ENUMERATED, ANY OTHER BUILD: :G, STRUCTURE OR USE WHICH IS SIMILAR TO THOSE ENUMERATED AND NO MORE OBNOXIOUS OR DETRIMENTAL TO THE AREA tN HHICH IT IS LOCATED, SHALL BE. PERMITTED. ( 2 ) MOBILE HOMES , . • • . (A) MOBILE HOMES SHALL BE PERMITTED IN THE HI. MOBILE HOME DISTRICT AS A USE SY RIGHT SUBJECT TO THE PROVI- SIONS OF THE MH, MOBILE HOME DISTR.CT. (B) MOBILE HOMES SHALL SE PERMITTED IN THE A, .3MCULTURAL 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, MRICULTURAL DISTRICT AND IN THE A-1, AGRICULTURAL DISTRICT AS A PRINCIPAL USE PROVIDED SUCH MOBILE HOMES MEETAILCOR- DITIONS OF THE MELD COUNTY BUILDING CODE (EXCEPT THAT WALL HEIGHTS MAY BE LESS THAN REQUIRED BY THE COUNTY BUILDING CODE) AND FURTHER PROVIDED THAT EACH MOBILE HOME IS FIRST APPROVED AS A USE BY SPECIAL REVIEW BY THE COUNTY PLANNING COMMISSION, (0) 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 or A RESIDENCE ON THE SAME LOY SUBJECT TO THE FOLLOWING SPECIAL CON- DITIONS: I. BEFORE A TEMPORARY PERMIT IS ISSUED FOR THE MOBILE HOME, A BUILDING PERMIT SHALL GE OBTAINEOIOR CON- STRUCTION OF A PERMANENT DWELLING ON THE SAME LOT. 2 CONSTRUCTION OF THE FE'MANENT [WELLING SHALL BE COMMENCED WITHIN 90 DAYS OF ISSUANCE OF THE TEMP- ORARY PERMIT FOR THE MOBILE HOME AND suttee DIL- IGENTLY PURSUED. 3. THE TEMPORARY PERMIT FOR OCCUPANCY OF THE MOBILE HOME SHALL BE VALID FOR A PERIOD OF SIX MONTH^ 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 CDMMISSIONERS. (E) MOBILE HOMES SHALL BE PERMITTED AS AN ACCESSORY USE LIMITED TO ONE MOBILE HOME PER LOT IN ANY B, BUSINESS DISTRICT, Co COMMERCIAL DISTRICT OR I, INDUSTRIAL CI!— 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. §^ UPPL. EMEN TARP REGULA TI 0NS _ 15 6.1 (3) Sand and Gravel pita, etc Before the County Planning Commission shat= approve or die— approve a special request for the ?oe3tion of a send or gravel pit, rock crusher, Tierra or open minine o:;eratfen, concrete and asphalt plants in any "A" or "A•-1" egriculture District or in any "I" Industria District, the •applicant shall supply the required informat'_or and Thal' be subject to the following con- ditions: (A) Applicata.a (1) Plan. When the apD.: ` .^at :rr. It. filed, the applicant shall provide r plan encaeae. the land from which the sand and gravel eial be excavated and a plan providing for rehnb''.it.c. ien of tha excavated area. These plans prepare:' :ey a ree n t'.r3d nn;incur shall show the contours of the lee' Le at lac .t five-foodd, contour intervals and any L..rovc n:, its .n and a distance of 300 fi .t in all d2.eectioru from the subject property. The ylane c`nhi be placed on a 24" x 36" sheet :?r.' ehtll c e ....n the ' ,ga1 dascrit. tion, acraage, scale of the c'.r uiea, vicinity sketch and the written and ers.phic details ci the rehabili- tation. (Rev. 7/15/70) ,2) Rock crushers and coeerete and o ;pbalt mein, plants may be allowed. Reeeve . the Plain. 'g Cemaission nay set out additional cendibieee unCer which those oper- ations may be permitted: ail :uid corditions ray vary by location due to elettcin ; land mere (Rev. 7/15/70) (3) Application fee of 7/15/70) (B) Operations Standards (1) No excavation or prnceel in: ri. ::3 and gravel shall be permitted nearer then lC fog to the boundary of adjacent pr000rt3 , rece:.ie. ., oe _'rr lgaeion ditch cr right-of-way, nor nrr' rcor .;':aa 1'5 feet to any exist- ing residence, u&czr b; written agrecaant the owner or owners of such adjacent rae)perty consent to a lesser dirtance and ete liraniel Ccrriesie: approve such lesser distance. The Fluaning Ceeaisoion ray set a greater dis:.e:ce t`: a: `4_0X 7.1:t ebova .then, ie. their opinion, t.t is coati; (I:vv. 7/15/70) (2.) The operation shall rair.w,.in. ' iulaca :cads in a re- asonable dust-free condition if within ono-fourth mile of a residentirJ. sub :ivi ir,n, (Fr, 7/15/70) (3) The hours of operation ^'X111 be :n7.imtt-] unless the operation is located tslt'h5n c . . ,fate- ;h .airs of a residence in which chow: the holies of operation Ghat' be from 6:00 A. M. to 10:GC F. ", cr lc:cor as the Planning Commission nay .:pec:fa. j,017• 7/15/70) (4) All wet pits (definitina: ery e;:cavated below existing water table cr cub;ec t to teelergrornd seep— age where water would accumalato end peed) shall be excavated in such a manner ae to leave an average of t less than eight 1..nchee of ueaistrrbed sand or gravel, as evenly as possible, ever the entire ex— cavation tract tc orovide e eeeer bearing strata for any existing ground water, unless rehabilitation plane • provide for a permanent lake, (Rev. 7/15/70) gUPPLE1 ENTARY REG ULA T I ON S ! 15—A (5) In no event shall a slope of less than 2:1 be loft when operations are complete. (Rev. 7/ 15/10) wet pits, In all pits, whether known as dry pits 15P , the ploor of the pit shall be graded in a reasonably smooth condition co that excavated areas will not collect or permit stagnant water to remain therein; however, there the rehabilitation plan for the su'"- ject property, as approved by the Planning Commiss- ion, provides for a permanent Tike, the foregoing requirement shall Ian, upp y. :=;ay. 7/15/7O) (7) Prior to starting excavation an certain specific instances as first determined by individual invest- igation by the Board of County Cemmiesiouers or their duly authorized representatives, where excavations within one-fourth vile of a residential sn'tdivision are considered hazardous, the Epard of ^,eumty Com- missionera may require the 'excavation" to be lanced by standard field fence C P & I Spacial fence #1047-12-12e with openings of 3" at the bottom, graduated to 8" openings at the top or equal, with 3 strandc of barbed wire spaced 8" apart giving the fence a total height of 6'. Steel poets not more than ten feet apart shall be used to erpport the fence. The excavated area shall remtin fenced m- less removal of all or any part thereof is authorized by the Planning Commission. (Rov. 7/15/70) (C) Permit Requirement • (1) Permit fee. An annual permit fee of $50.00 shall be paid. The fee shall be paid annually upon the an— niversary date of the permit. (Rev. 7/15/70) (2) Insurance. The operator shalt furnish evidence he is insured to the extent of not less than $100,000.00 against liability for cry negligent act or onifte o^_ by the operator from the oporatl'n or r_aintenance of the sand and grovel pit and the extraction and pro— duction of sand and arevel and all activities con— nected with or irci.den tl thereto. (F.:v. 7/15/70) (3) Bond. The operator shall post a bond in the form prescribed by the Bonrd of Co sty Commissioners in a sum equal co the number of acres covered by the permit multiplied by $500.00 to insure full com- pliance with all of the terms end conditions of the permit and the rules and reg lntiona of the Board of County Ccnissionerc per:aining to extraction and pro- ceasing of sand and gravel. The minimum amount of euth bond shall be $2,500.00; ,nd the maximum amount, $15,000.00. (Rev. 7/15/70) (4) Time of permit. All permit; shall be in force until the operation is completed unless the annual permit is not renewed by the operator. (Rev. 7/15/70) (5) Cancellation of permit. The Board of County Cr.:-- missioners shall have the pony to cancel permits for violation of any of these regulations or conditions imposed by said Board. The Board of County Commies- loners shall cause to be nervad written notice upon DUPPLEMEOTART SEGULATIONS 13-B the permittee at the address contained in the permit, setting out a clear and concise statement of the viol- ations, and directing the permittee to correct such violation within thirty days. If the violations have not been corrected then the Board of County Commissioners shall direct the permittee to appear at a time certain before the Board of County Commissioners, not lese than ten days nor more than thirty days after the date of service of notice. The Board of County Carissionere shell hold n hearing to determine the nature and ex- tent of the alleged violation and shall have the power, upon good cause being shown, to cancel or revoke the permit heretofore issued to the permittee, to require certain corrective measures to be taken or to direct the County or it's agents to enter upon the premises and to take the corrective measures raquired by the Board of County Commissioners; the cos'. tc be aaseased against the permitter and his sureties. (Bac. 7/15/70) DUPPLEMENTARY REGULATIONS 16 • (2) Architectural Features Cornices, canopies, eaves or similar architect- ural features may extend into a required yard not more than 2 feet. (3) Porches Open, unenclosed, uncovered parches at ground level may extend into a required yard not more than 6 feet. (4) Fire escapee Fire escapes may extend into a required yard not more than 6 feet. (5) Accessory buildings . Te _ ..,c:d accorsnr, iu flings may be located it the rear varr [or r, :r r+r1ps3l tmJiding. (6) Reversed corner lots . The sido ya-o jtr' et, si'3r of a :wren-sr.(' corner lot shul IL This -0., t1 the required front yard for principal buildings nlcng au:h e side street. 6.4 Maximum Height of Buildings (1) Special exceptions . . The height limitations of thia Resolution shall not apply to church spires, belfries, cupolas, pcnthoueee, dames not used for human occupancy, nor to chimneys, ventilators, skylights, water tan] silos, parapet walls, cornices without windows, antennas, or necessary mechanical appurtenances usually carried above the roof level. 6.5 Special Areas Subject to Flooding For the purpose of the Resolution, there are heraby established "Flood Plain. Areas" AN shown on the Zoning District maps of Weld County within which the following restricti:ns shall apply: (1) No dwelling, mobile home, school, church o: other place of assembly shall be permitted; (2) No storage of materials which could ha moved by flood waters shall be per- mitted unless 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 periodn of flooding 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 tee weld County Planning Commission, which shell first be assured that such buildin_ or other structures will not impede the flow of water during periods of intense flooding. 6.6 Unit Developments Unit developments may be permitted in all zone districts subject in each instance to being shown on a plan as defined, processed and approved as follows: (Rev 10/7/70) (1) A unit development shall be defined as a project which is controlled by one owner, corporeteon 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 5 acres of land, including useable open spaces for the mutt_ benefit of the entire tract, and which is planned to provide variety and sUPPLSMSNTARX REGULATIONS 47 diversity so that naxim>m long-range benefits of unique site design cam be achieved while still protecting the surrounding areas. (Rev 10/7'/10) (2) Normal Zoning standards for "nixing 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. • (3) An application for a Unit Development shall Gest in the following infor- mation; 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 spaes,the purpose for which i is to be need, and an explanation of how such open space will be pre. served and maintained; A circulation plan for vehicles and pedestrians; Uses to be developed in the area, and the proposed density of develoj sent; A legal description of the property; The proposed construction schedule; Landscaping proposals; and Such additional information as may be requested by the County Plannii Commission and by the Board of County Commissioners in order to Justify granting the Unit Development. (4) Unit Developments shall have -- A maximum density not to exceed 12 dwelling unite per acre; and A minimum amount of useable open space (exclusive of parking and streets) of not leas than 25 percent of the total acreage shall be required in the S, R, and H zone districts. (Rev 10/7/70) (5) Review procedure . . . . before a building permit is granted for a structi which is part of a unit development plan, a general plan for the entire ui development shall be approved by the County Planning Commission and the Beard of County Com,iseioner- who shall be guided in their review by the intent of this Zoning Reeolntion, by the unique conditions of the land in. valved, and by the County wide need for such developments. Following sue} official approval, the official unit development plan shall be recorded iz the files of the Board of County Commissioners, and the County Clerk and Recorder's office. Proposed amendments to the official Unit Development Plan shalt be processed in a similar manner. (Rev 10/7170) 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 ENPCTMENT OF THIS RESOLUTION, OR OF ANY AMENDMENTS TO THIS RESOLUTION, MAY BE CONTINUED EVEN THOUGH SUCH USE OR LOCATION MEC 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 COMMMENCED WITHIN ONE YEAR OF SUCH CALAMITY. 7.3' AwICO ENT ( 1 ) WHENEVER A NON-CONFORMING USE HAS BEEN DISCONTINUED FOR A PERIOD Or ONE YEAR, SUCH • USE SHALL NOT THEREAFTER BE REESTABLISHED, AND ANY FURTHER USE SHALL BC IN ,EBNFOR • MANCE WITH THE PROVISIONS OF THIS RESOLUTION. '71.4 CHANGE IN USE ( 1 ) A NON-CONFORMING USE SHALL NOT BE CHANGED TO A USE OF LOWER, OR LESS RESTRICTIVE rLASSIFICATION; SUCH NON-CONFORMING USE MAY, HOWEVER, BE CHANGED TO ANOTHER USE OF 'HE SANE OR HIGHER CLASSIFICATION. .5 ExTrNSION ( 1 ) A NC':-CONFORMING USE SHALL NOT BE EXTENDED. "1/2MENDMINTS_ - __ 19 • O. GENERAL PROCL.URw 41ENOMENTS 10 1,11s F,. . , = +- '?I19 THE LAWS OF THE STATE OF COLO— RADO 1011 CH rL,l"'. .3 :'IPa. s : ,': ' ':O PP ANY SUCH AMENDMENTS: ( 1 ) STUDY AN') Pcc.c iFNP Tl,1,N C! !)- . :7 THE HELD COUNTY PLANNING COM- MISSION. (2 ) C0'++`.E'*I94Y or n I" ,: 0.. -t• -. _. CouniTY COMMISSIONERS AFTER AT L EA.sT _in CAVE' 4 _ .r + i'A4f 5'.iCH He". :((HG SHALL rmA;'E BEENGNEN By e . ._ .. .d"-'`. (ARCM,/SION WITHIN THE COUNTY. '' PCFOR{ $UPt41TT6NG RFrOF: -.e-+) r.. < :"OWSEO AMENDMENT TOMSRE90LUYION, AS F+ESUIRE". It< NO. 1 Ayr . (•4 .''+" ' _ ;$.?ON 9Ai/ HOLD A PUBLIC HEARI?YS ON THE PROPOSI : Ca. .ENT R. �.1 ',� , .'4'{.I AL CONDITIONS SHALL BE REQUIRED: ( 1 ) A 4D'I5 Cs S?IC >+1' + . -.. - . .. ' tr.'. Is, A NEWSPAPER SERVING THE GENERAL AREA OF THE ANLTNN3CJ T Al iT ,. .•P aaP N., 4s:: IUEARiNG DATE. ( 2 ) FOR JRL .SED nv'NUM+>'.NrS; T . TO; IrE APPLICANT SHALL SUBMIT A LIST OF nAMES ANL 1 LR ' iE r, + J-1>• HI :;'E:A REQUESTINR REZONING AND AL'. PROPEL rY 31fLE .4",...";*N. 61-.: t.5Ht^ ,`;F 1HE AREA REQUESTING REZONING. THE CCU'T+ F tO , 'ar[=kAi v,anm ,HA - a. .. -+>-a1 :.t„^,l 2 CE OF SAID HEARING AT LEAST SEYPN 6 %"YrP LR'P'% OWNERS OF MOST RECENT REC— ORD 4'I701i, ;,Ht Ot !O . • _'IF 500 FEET OF THE AREA PRDFOSED FOR AE"ZONIhc„ F I1 RL TO :O.!' . '. { . l'POP :IV, OWNER WE TO CLERICAL OM.. SSt(PI siAi. t '`ti:'Y 1'+ „ c '(U:^_+ OR DETEFTIINAT ION OF THE COUNTY I'LANI'tOO Co-.n+55i-''�, ( $ ) Foie PaT,PoSEti .tr'E'4 sb. .. _ - 'i4 1'',%''', A €F. SHALL BE CHARGED TO COVER THE COSTS P1 z6•. +11^:; + ,_ ' r ,#.r. G-'AECP PROPOSED AMENDMENTS, ^ - la 110,30 t.F '1 ,.. ... ( 4 ) FOR pFor o E.D AM""I Y.C!":;, In THE. r. ^:`.t ri. <' Me. COUNTY PLANNING COMMISSION SHAL.l. s +,,.,: r <. •- a: �L1 tre +, oft.v (;. 1::5:b C,.a. ?FE: PROPERTY REQUESTR6 AEZON— U:G.. t •7 C , ar7, rE . _.. dI LEAST 10 HAYS PRIOR TO THE HEAR II:G O4,"t.! a iL'rT - .1'sL!_ 1 d :5 N, , r i rlcvAF isl _ v0.035 ADJACENT TO THE AREA AND (t;' rQ : rr S Cl ZONING D151R<;:7o (n) LSCAT'ON { .r r,< a"tE" +? ..,.'C'.;.tr. ()‘Fpr< WHERE ADDITIONAL ICIf-O rtA7:Gti AKENONENTS 20 8.3 REASONS FoR REZONING REQUESTS FOR REZONING OF -IPCis Ri Y4;N ';IELII CONliim' t»WULD SE SUPPORTED BY DETAILED AND SUBSTANTIAL EVIDENCE THAT EiWe- Pi.Z0:.1 'd` :i NCCE'i•:AkY,. RECENT FINDINGS AND ORAL STATEMENTS BY THE PETITIONERS SHOULD SHOW 'ltily; :::LE.ARI-Y 7FIx.T t,LPHEP THE ORIGINAL ZONING WAS FAULTY OR THAT CHANGI'+G CONDITIONS IN iH[ ..rkAN`;•, T " . A `+Ep CLASSIFICATION. WITHOUT THE PRE— SENTATION OF SUCH SOPPCIITINC CDCIMENTIOW, T:,, A PLANNING COMMISSION SHOULD NOT REC— OMMEND A CHANCE IN 2ONENG. THE FOLLOWING ARGUMENTS WHICH ARE FRE.LT'_ENIc - w r '"C IK;T SUFFICIENT GROUNDS FOR RE— ZONING: ( 1 ) "THE AREA HAS NO OTHER P6;ACT+CAL. USE;" ( 2 ) "THE PROPOSED REZONING WOULD ALLOW THE, '.0 :EST EST AND PEST USE OF THE LAND';" ( 3 ) "A NON—CONFORMING USE IS LOCATED Did THi: - .. .E'RTY," ( 4 ) THE AREA ADJOINS LAN° ALREADY VINCI) !M ".,s.'5 HARNER;" (5 ) - "No ONE IN THE NEIGHBORHOOD OBJECTS," (6 ) "IF THE ZONING IS GRAFTCO, WE WILL ACR₹!, *O IJSE IT ONLY FOR CERTAIN PURPOSES;" ( 7 ) "YOU HAVEN''T GIVEN US kHN REASONS FOR IT.." AsK 4i THE CHANGE." ALTHOUGH EACH or Ti f. PRECEDENG ARGL'MCNTH'. °,;^1ISE '+:,LIO!TY, NO ONE ARGUMEN7 ALONE IS SUE— FIENT StUNDS FOR ! 'ZONING. (HERE MUST CL 1.EHWi rE rRa)F THAT THE AREA REQUESTED FOR CHANGE HAS UNIQUE CIARACTE.RISTICS WHiCI-: tHSCIAGOISA IT Te•10M SURROUNDING LANDS AND THUS MAKE ITS REZONING ESSENTIAL. WHENEVER A. CNAr,{€: .S lRECCAtHENOEO, THE PLANNING COMMISSION MUST ASSUME THAT ThE MOST DETRIMENTAL U5CS ' ..'CI;TTED ic: SUCH ZONE MIGHT OCCUR. FURTHER— , MORE, ONCE A CHANGE IS MADE, :HE PLANN'+.NG COMO F:',IOW MUST r1CCOGNIZE THE PRECEDENT WHICH IS ESTABLISHED, BOTH tN THE IMMEDIATE ARE:• ANU orli ± PARTS OF THE COUNTY, FOR LIKE RE- ZONING OF OTHER LANDS "SIMILARLY SI fUATED", AC' ".;C=e` 'i RI'70NE PROPERTY SIMPLY BECAUSE "IT DOESN'T SEEM TO MAKE ANY DIFFERENCE" OR "WE '. +I ear, HELP THE COUNTY TAX BASE "MAY LEAD TO SERIOUS PROBLEMS. ZONING IS A CONFLI..,.:"L i' '.8ri'.Y P!FOCESS WHICH MUST BEAOMINISTER- ED IMPARTIALLY, 111 THE BEST IN7EF•EST•5 OF 'i,..- fsr7 ..i1OUi'V, ON THE BASIS OF FACTS, WISHFUL THINKING. 8.4 c9NDITIONA,t REVIEW REZONING REQUEST FoR AN Iii, i, N, i OR S OIS'RICT BALL BE ACCOMPANIED BY A TENTATIVE SITE PLAN AND A TENTATIVE TIME SCHEDULE FOR iC45T?$M 'ION OF,THE DEVELOPMENT. WITHIN SIX MONTHS AFTER REZONING TO ONE OF THE ABOVE DI STR'I:TS; THE OWNER OR HIS REPRESENTATIVE SHALL PRESENT A FINAL SITE PLAN AND FINAL CONSTRUCTION `_ONESELF TO THE COUNTY PLANNING COMMIS- SION FOR THEIR REVIEW AND RECOMMENDATIONS. CONSRUEIIO' Cr TEE PROPOSED BUILDINGS SHALL COMMENCE WITHIN TWELVE MONTHS AFTER THE AREA HAS OEER R'E70NED, IF CONSTRUCTION DOES NOT PROCEED ACCORDING TO SCHEDULE, OR WITHIN A SIX MONTHS L:CIENSION PERIOD WHICH MAY, UPON REQUEST, BE GRANTED BV THE COUNTY COMMISSIONERS, THr `YLUTY PLANNING COMMISSION SHALL IN- STIGATE ACTION TO REZONE THE 0?STRICT. BOARD OF ADJUSTMENT, VAR I ANCES — 21 • SECTION, IX THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD SHALL HAVE THE FOLLOWING FUNCTIONS AND POWERS IN .... SPELT TO THIS RESOLUTION. 9.1 APPEALS TO THE BOARD OF ADJUSTMENT (1 ) APPEALS TO THE BOARD OF ADJUSTMENT MAY 8E TAXZN BY ANY PERSON AGRIEVEO BY HIS ABIL- ITY TO OBTAIN A BUILDING PERMIT, OR BY THE DECISION OF ANY ACHINISTRATIVE OFFICER OR AGENCY BASED UPON ON MADE ON THE COURSE OF THE ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS RESOLUTION. APPEAL.; MAY BE TAKEN AN, orrrrro. DEPART MENT, BOARD OR BUREAU OF THE COUNTY AF'ECTrr a in,: GRANTING OR REFUSAL OF A Co,. INS PERMIT OR OTHER DECISro" cr ANY ADMINISTRATIVE OFFICE OR AGENCY BASED ON OR MADE IN THE COURSr .A THE ADMINISTRATION 00 CNFORCEMENT OF THE PROVISIONS OF THIS RESO- LUTION. (2 ) APPEALS TO TAE BOARD OF ADJUSTMENT MUST SE MADE IN WRITING AND FILED WITH THE BOARD OF ADJUSTMEN ' WITHIN 60 DAYS OF THE ACT OR FAILURE TO ACT OR DECISION APPEALED NW. • ( 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 MAGE IN THE ENFORCEMENT OF THIS RESOLUTION. (8) To HEAR AND DECIDE, IN ACCORDANCE hI1H ;Hr Rc, SIONS OF THIS RESOLUTION AS HEREAFTER PROVIDED, ^EQ'JEETE rOR SY'EC9AL EXCEPTIONS OR FOR INTERPRETATION OF THE ZONING MAP OR FOR CONDITIONAL UsE ?CRAlIN AS PROVIDED IN THIS RESOLUTION. (C) WHERE 8Y REASON OF EXCEPTIONAL NARROWNESS, SHALLOWNESS OR SHAPE OF A SPECIFIC PIECE OF PROPERTY AT THE TIME OF E.?IA;TMENT OF THIS RESOLUTION, OR BY REASON OF EXCEPT; MNAL TOPOGRAPHIC CONDITIONS OF SUCH PIECE OF PROPERTY, THE STRICT APPLICATIO'I OF ANY REGULATION ENACTCD 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 NAY RE GRANTED SO AS TO RELIEVE SUCH DIFFICULTIES 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 ZON'NG RESOLUTION; AND THAT THERE ARE EXCEPTIONAL CIRCUMSTANCES APPLY- 1NG TO THE SPECIFIC PIECE OF PROPERTY WITCH DO NOT APPLY GENERALLY TO THE RE- JAINING PROPrRTY OH THE SAME ZONING AREA OR NEIGHBORHOOD. (D) 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 GOOD AND WITHOUT SUBSTANTIALLY IMPAIRING THE INTENT AND PURPOSE OF THIS ZONING RESOLUTION. P0ARD OF ADJUSTMENT. VARIANCES 22 9.2 Procedure (1) All meetings and hearings of the Board of Adjustment shall be open to the public. (2) A notice of a hearing to be held by the Board of Adjustment on all appeals presented to such Board chall 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 adviseable and practical, may send a written notice of said hearing by first class mail at least 7 days prior to the hearing data to owners of property within 500 feet of the property in question. MsSling such notice shall be dis- cretionary with the Board of Adjustment and failure to mail such notice shall not affect the validity of any hearing or determination of the Board of Adjustment. (4) Upon application for variances which do not relate to the use requirements of this resolution, the Board of Adjustmeatj if it deems the same advisable and practical, may send a written notice of said hearing by first class mail at least 7 Ways prior to the hearing date to owners of property ad- jacent to the property in question. Mailing such notice shall be dis- cretionary with the Board of Adjustment and failure to mail such notice shall • not affect the validity of any hearing or determination of the Board of Ad- justment. • (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 process- ing. For all other variance requests, e fen of $15.00 shall be charged to cover such costs. (Bev. 8/12/70). INTERPRETATI0N, VALIDITY, 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 ADOPTEr °h.. PROMOTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE. WHENEVER THE AZOAI+JwiPaT OF ThIS RESOLUTION ARE AT VARIANCE WITH THE REQUIREMENTS OF ANY OTHER LAurP.L.'t' 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 iNVALIL' SUCH DECISION SHALL NOT AFFECT THE VALIDI— TY OF THIS RESOLUTION AS A WHOLE OR ANY PART THEREOF, OTHER THAN THE PART SO DELLAR— ED TO BE 9IVALID. • 10.3 ENFORCEMENT (1 ) IT SHALL BE UNALWFUL TO ERECT, CONSTFUCT, HLSONSTRUCT, ALTER OR CHANGE THE USE OF ANY BUILDING OR OTHER STRUCTURE WITHIN THE ZONED AREA IN WELD COUNTY WITHOUT OBTAN— • 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, OP 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 PERMIT FEE. VIOLATIONS AND PENALTIES 24 SECTION XI 11.1 gENERA4 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 AMENDM 47 THEREOF, OR WHO INTERFERES IN ANY MANNER WITH ANY PERSON IN THE PERFORMANCE OF A RICH' OR DUTY GRANTED OR IMPOSED UPON HIM BY THE PROVISIONS OF THIS RESOLUTION, SHALL BE GUILTY M1.OF A MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE FINED NC MORE THAN ONE DO LLARS LLARS ($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 BUILOI IG OR STRUCTURE. IS, OR IS PROPOSED TO BE ERECTED, CONSTRUCTED, RECON- STRUCTED, ALTERED, MAINTAINED OR USED, OR ANV LAND IS PROPOSED TO BE USED, IN VIOLATION OF ANY PROVISION OF THIS RESOLUTION, OR ANY AMENDMENT THEREOF, THE BOARD OF COUNTY COMMIS- . OF THE COUNTY OF WELD, THE DISTRICT ATTORNEY IN AND FOR THE COUNTY OF MELD, OR ANY OWNER CF REAL ESTATE WITHIN THE ZONED ARCA, IN ADDITION TO OTHER REMEDIES PROVIDED Bt 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, ALTERAIION, MAINTENANCE, OR USE, DEFINITIONS 25 SECTION XII • 12.1 GENERAL WHEN NOT INCONSISTENT WITH THE CONTENT, HOBOS USED IN THE PRESENT TENSE INCLUDE THE FU- rURE; 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 WORO§ FOR THE PURPOSE Of THIS RESOLUTION CERTAIN TTEIMS 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 MAP'1 BUILOING OR TO THE MAIN USE OF THE LAND AND WHICH IS LOCATED ON THE SAME LOT WITH TE!E MAIN BUILDING OR USE, AND NOT INCLUDING THOSE BUILDINGS DEFINED HEREIN AS FARM AND GARDEN BUILDINGS. ( 2) "ACCESSORY USE" A USE NATURALLY AND NORMALLY INCIDENTAL 70, SUBORDINATE 10, AND DEVOTED EXCLUSIVELY TO THE MAIN 4SE OF THE PREMISES. ( 3 ) "ALLEY A PUBLIC THOROUGHFARE, NOT EXCEEDING 35 FEET IN WIDTH WHICH AFFORDS ONLY A SECOND- , ART MEANS OF ACCESS TO ABUTTING PROPERTY. ( 4 ) "AREA. MINIMUM 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 ON MORE BOARDERS OR ROOMERS, NOT INCLUDING MEMBERS OF THE OCCUPANT'S IMMEDIATE FAM- ILY WHO MIGHT BE OCCUPYING SUCH WILDING. THE WORD "COMPENSATION" SHALL INCLUDE • PAYMENT IN MONEY, SERVICES OR OTHER THINGS OF VALUE. (6 ) "ByILaING" • • 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 26 12.2 TERNS AND WOROS (CONTINUED) (7 ) "BUILDING HEIGHT" THE VERTICAL DIST/HrE FROM PI- "GRADE" 10 THE HIGHEST POINT OF THE ROOF SURFACE. (9 ) "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 TAROS" AN ENCLOSURE FOR THE FEEDING AND FATTENING OF CATTLE, FOWLS, RABBITS, HOGS AND OTH- ER ANIMALS, WHERE ' !E FOLLOWING CONDITIONS EXIST; (A) THE ANIMALS OR FOWLS ARE CONFINED TO A RESTRICTED AREA; (B) MORE THAN -IFTY PERCENT OF THE ROUGHAGE TYPE FEED, SUCH AS HAY OR SILAGE, FOR THE rEED, :G OF SUCH ANIMALS OR FOWLS IS PURCHASED RATHER THAN BEING PRODUCED ON TIE 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 NOTBE CON- . SIDERED "COMMERCIAL" AND THEREFORE SHALL BE PERMITTED AS A "FARM USE". (1O) "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 BUILDING DESIGNED EXCLUSIVELY FOR, AND OCCUPIED BY ONE FAMILY. (12) "DWELLING. MULTIPLE FAMILY" A BUILDING OCCUPIED BY TWO OR MORE 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. DEFINITIONS 27 12.2 TERNS AND WORDS (CONTINUED) (14) "FAMILY" A FAMILY IS ANY NUMBER OF PERSO.b LIVING AND COOKING TOGETHER ON THE PREMISES AS A SINGLE DWELLING UNIT, BUT IT Dt...LL NOT INCLUDE A GROUP OF MORE THAN THREE INDIVID- UALS NOT RELATED BY BLOOD OR MARRIAGE.. (15) "FARM. RARCH. AND GARDEN BUILDINGS AND USES" THOSE BUILDINGS AND STRUCTURES USED TO SHELTER OR ENCLOSE LIVESTOCK, POULTRY, FEEL, FLOWERS, FIELD EQUIPMENT, DAIRY OPERATIONS OR SIMILAR USES; AN; THOSE USES OF LAND DEVOTED TO RAISING OF CROPS, POULTRY, OR LIVESTOCK - PROVIDED MORE i.IAN 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 (F 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, WHIC" 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 INIIEDIATE. FAM- ILY RESIDING ON THE PREMISES. (10) "HOSPITAL" ANY BUILDING OR PORTION THEREOF USED FOR THE ACCOMMODATION AND MEDICAL CARE OF SICK, IN.IURED OR INFIRM PERSONS AND INCLUDING SANITARIUMS, BUT NOT INCLUDING CLINICS, REST HOMES, AND CONVALESt'NT 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 -OR OCCUPANCY BY PERSONS ON MORE OR LESS a TEMPORARY BASIS. (20) "JUNK YARDS" A YARD OPEN TO AIR, USED FOR THE SALE, STORAGE, OR DISPLAY OF 000 PIECES OF METAL, PAPER, GLASS, OR OTHER MATERIAL, WHICH MAY OR MAY MOT BE PARTLY OR WHOLLY ASSEMBLED INTO USEFUL OBJECTS, MOTOR VEHICLES, OR MACHINERY. DEFIRITIONS 28 12.2 TERNS AND WORDS (CONTINUED) (21) "KENNEL" ANY LOT OR PREMISES ON WHICH FOUR OR MORE ANIMALS AT LEAST FOUR MONTHS OF AGE ARE HARLORED. (22) "LoT" A PARCEL OF LAND OCCUPIED OR TO BE OCCUPIED BY A BUILDING OR GROUP or BUILDINGS AND ANY ACCESSORY BUILDINGS IDENTIFIED W17H 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 PROPERT' 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 SMALL CE • CONSIDERED THE FRONT LINE. (25) 1L0T LINE. REAR" THE LINE OPPO;•TE THE FRONT LOT LINE. (28) "LOT LINE, SIDE" ANY LOT LINES OTHER THAN FRONT LOT LINES OR REAR LOT LINES. (27) "MEMBERSHIP CLUB° AN ASSOCIATION OF PERCONS, HHF-u," INCORPORATED OR UMINrARPORATCD FOR SOME COMMON PURPOSE OUT 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 OATEOF THIS RESOLUTION, OR ANY AMENDMENT THERETO AND CONFLICTING WITH THE PROVISIONS OF THIS RESOLUTION APPLICABLE TO THE ZONE IN WHICH IT IS SITUATED. (29) "MON-CONFORMING USE" THE USE OF A STRUCTURE OR PREMISES CONFLICTING WITH THE PROVISIONS OF THIS RESOLV- TION. DEFINITIONS 2Q 12.2 TERNS ARP WORDS (CONTINUED) (30) "OCCUPIED" THE lOR0 "OCCUPIED" INCLUDES ARRu.NG£D, DESIGNED, BUILT, ALTERED, CONVERTED, RENTED OR LEASED, OR INTENC: TO BE 0 CtUPllWO. (31) "OUTDOOR ADVERTISING SIGNS" ANY CARD, CLOTH, PAPER, METAL, PAINTED, WOODEN, GLASS, PLASTER, STONE,OR OTHER SIuN 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) SUMS,' AN OFFICE IOR 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 SY THE WELD000N- TY 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 IDENTIFICATIQN" 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 TERNS AS "PUBLIC RIGHT OF WAY," "HIGHWAY," "ROAD," AND "AVENUE". DEFINITIONS — 3D v — 12.2 TERMS [ND WORDS (CONTINUED) (38) "STRQTURE" ANYT ING CONSTRUCTE.I, OP ERECTED, 'HiCH s,x..fUIRES LOCA1 if 14 OW THE GROUND OR ATTACHED T4 SOMETHING HAVING A _;I;AI tflti TN INC. rc.p .,;;t DU; )7 !:.;_LL1r:NC, FENCE!, JR WAil-S USED • •AS fENCES LESS THAN SIX FEET IN L114IS. CABLES, OR OTHER TRANSMITTING OR DISTRIBUTION FACILITIES Of PUBLIC L;TILT: i `•. (39)• *, " • • THE PURPOSE FOR WHi'CH LAND OR BUILDING I;; 0F.:,if'.Nr.11, ARRANTiCC`., OR INTENDED, OR FOR • WH1U EITHER IS OR MAY BE OCCUPIED OR MAINTAINED. s. t (40) "I.15E0 CAR LOTS" . . A RETAIL SALES AREA FOR THY SAL( ')t' A.;Tv+-R'ULE5 !WHIP:'t ARE. 1N SUCH ONLIITION AS TO WEFT ALL REQUIREMENTS or THE STATE AND C isi.IY FOR LICENSE AND OPERATION. • • • (41) : iom DF ZQ'_.. (HE DISTANCE PARALLEL 10 THE FrO I LOT R.EA:JURE1, HETWEEN ;ODE LOT LINES THROUGH • THAT PART IF THE BUILDING OR STRUCTURE N%IERE /FIE !.OT IS NARROWEST. (42) "YARD" AN OPEN SPACE orliti 'HAN A COUNT, ON A �.ct; , i;='IQ+CCUPlin AND UROBSTRUCTED 'ROM THE GROUND UPWARD, EXCEPT AS OTHERWISE PROV I OE I) 1 k THIS RESOLUTION. (43) "YeRo, FRONTµ A YARD EXTENDING ACROSS THE TL'LL LUDT!! OF THE. LOT PETWEFN THE FRONT TOT LINE ANDIEE NEAREST LINE OR POINT OF THE BUILDING. (44) :LRI'.. R 1Rn A YARD EXTENOtUG AT:F<OSS T!IC FULL WIDTH OF THE LOT SEIW(:EN THE REAR LOa LINE AND THE • NEAREST LINE OIL POINT Of THE BUILDING. (45).- "YARD: SIDE" 11 'YARD =.xTcNDINi3•FROM TOE ff1ONT YARD TO "IC REAR 'A.-, t TUFEN THE SIUC LOT LINE AND • THE NEAREST LINE OR POINT OF THE BUILDING OR ACC=:SS.ORY BUILDING ATTACHED THERETO. • • • • REPEALS AND ENACTMENT IS- SECTION XIII 13.1 RE►EALS ( 1 ) ALA FESOLUTIONS OF THE COUNTY OF IELD, INCONSISTENT HEFEWITH TO THE EXTENT OF SUCH INCONSISTENCY, ANO 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 0Y 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. 13.2 FIIA N (1 ) UPON APPROVAL AND ADOPTION OF THIS RESOLUTION, A CERTIFIED COPY THEREOF, INCLUDING ALL MAPS HEREIN REFERRED TO, SHALL BE FILED AS PROVIDED BY LAW IN THE OFFICE OF THE COUNTY CLERIC AND RECORDER OF HELD COUNTY. ( 2 ) THIS RESOLUTION SHALL BE IN FULL FORCE ANO EFFECT AFTER ITS APPROVAL AND ADOPTION AS • PROVIDED BY LAW. (3) APPROVED AND ADOPTED THIS 29TH DAY OF MAY, A. O. 1961. THE BOARD Of COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: (SIGMEDl FT MFR I _ CbrS IZ a. ATTEST: (swab) EDITH N. FLATELAND Dvu Y COUNTY CLERK • Hello