A.   Existing Large Residences: In the A residence district, large residences which exist at the time of the passage of the ordinance codified in this title may be used as two-family dwellings; provided, however, that the provisions of this title as to the lot area per family and the floor area per dwelling are observed.

   B.   Existing Land Uses: The lawful use of land existing at the time of the passage of said ordinance, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of the land shall be in conformity with the provisions of this title.

   C.   Existing Use Of Buildings: The lawful use of a building or part thereof, existing at the time of the passage of said ordinance, may be continued although such use does not conform to the provisions hereof, and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein.

   D.   Changing Building Use: Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. When a building, the use of which does not conform to the use regulations of this title, is damaged by fire, explosion, flood, act of God, or a public enemy, to the extent of more than seventy five percent (75%) of its fair value, it shall not be restored except in conformity with the regulations of the district in which it is situated.

   E.   Reconstruction Of Church Buildings: Nothing in this section, however, shall prevent the reconstruction of church buildings existing at the time of the passage of said ordinance. (1997 Code §17.40.010)

The area regulations in the various districts shall be subject to the following exceptions, and regulations:

   A.   In the C residence district, a living room and bedroom may be combined.

   B.   Building on through lots and running from street to street may waive the requirements of rear yard by furnishing required open space in lieu of such required rear yard.

   C.   Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, ornamental features and eaves; provided, however, that none of the above projections shall project into a court more than six inches (6") nor into a minimum side yard more than twenty four inches (24").

   D.   No cornice shall project over the street line more than five percent (5%) of the width of such street, and shall in no case project more than four feet (4'); provided, further, no projection, sign or fixture shall interfere with the proper driving or parking of legal vehicles.

   E.   An accessory building may occupy not more than thirty percent (30%) of the rear yard, and shall not be closer to the main building than seven feet (7') unless it is made a portion of the main building.

   F.   No yard, court or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be used as a yard, court or other open space for another building. (1997 Code §17.40.020)

   A.   Akron-Washington County Airport Restriction: No structure will be constructed on any land in the area of the Akron- Washington County Airport which could be used for an incompatible land use. No structure shall be permitted which in any way would interfere with the clear zone as established and as same may be amended from time to time by federal aviation administration rules and regulations.

   B.   Landfills And Treatment Plants Near Runway: No landfills or treatment plants will be constructed within ten thousand feet (10,000') of any runway at the airport. (1997 Code §17.40.030)

   A.   Modular Units: Any modular unit or sectional home which bears the certificate from the state of Colorado, division of housing, that it is a factory built unit and that it complies with the Colorado standards for factory built construction shall be considered as a permanent structure and may be placed in any location in any district within the town; provided, that it complies with the required use, dwelling area, height, rear yard, side yard and setback provisions of this title.

   B.   Mobile Homes: A mobile home which bears the certification from the state of Colorado, division of housing, that it is a mobile home and is constructed under mobile home construction standards of the state of Colorado, and also any mobile home, modular unit or sectional home which does not bear any certification from the state of Colorado shall be considered as a mobile home and may be placed only within districts D, E or F. (1997 Code §17.40.040)

   A.   Basement Houses Prohibited: No "basement house", as defined in this title, shall be erected in the town.

   B.   Moving Houses; Requirements:

      1.   No house, already constructed or partially constructed, shall be moved into or within the town without the approval of the board of adjustment.

      2.   Before moving a house into the town, or from one lot to a different lot within the town, application shall be made to the board of adjustment.

      3.   The application shall be accompanied by a detailed set of plans and specifications of the finished house. (1997 Code §17.40.050)

On all corner lots within all areas within the town, the following setback regulations shall apply:

   A.   There shall be a forty two inch (42") setback from both corners for a chainlink fence which shall be no more than forty eight inches (48") high.

   B.   Private fences shall have a forty two inch (42") setback from the curb and an eleven foot (11') setback from the corner itself with a diagonal clear space between the two (2) 11-foot setbacks.

   C.   Buildings will be placed and bushes and other vegetation will be trimmed to allow the same clear view to motorists as provided in subsections A and B of this section. (Ord. 460, 7-7-2003)