Bennett City Zoning Code

All uses conducted in all zone districts must comply with the following performance standards:

(1)

Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from off site.

(2)

Vibration. Industrial or commercial operation shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line.

(3)

Light. Exterior lighting, except for warning, emergency or traffic signals, shall comply with the lighting standards set forth in Division 8 of this Article.

(4)

Smoke. All industrial and commercial uses which produce smoke or any air contaminant shall be subject to the jurisdiction and regulations of the Colorado Air Quality Control Department and the Colorado Air Quality Control Division. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located, are prohibited.

(5)

Odors. No industrial or commercial use shall cause or allow the emission of malodorous air contaminants from any single source such as to result in detectable odors which are apparent outside the property boundaries.

(6)

Noise. All uses shall be conducted such that noise generated is controlled at its source or so attenuated by the structure from which it radiates that it does not become objectionable from off site.

(7)

Fugitive dust. No industrial or commercial operation shall be allowed to produce fugitive dust in amounts which are noticeable outside of the property boundaries of the use.

(8)

Electromagnetic and electrical interference. No equipment shall be operated in such a manner as to adversely affect the operation of any off-premises electrical, radio or television equipment. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.

(9)

Wastes. All liquid and solid wastes produced shall be confined within the property boundaries until disposed of by proper means. No person shall cause or permit any materials to be handled, transported or stored in a manner which allows or may allow particulate matter to become airborne or liquid matter to drain onto or into the ground.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

(a)

Home occupations are permitted uses in all residential districts, subject to the following standards:

(1)

The use must be conducted entirely within a dwelling or accessory building.

(2)

The use may employ a maximum of one (1) person other than those members of the immediate family residing on the premises.

(3)

The home occupation must be clearly incidental and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof.

(4)

The total area used for home occupations shall not exceed twenty-five percent (25%) of the total floor area within the lot. The area used for the home occupation shall be considered to include all storage areas and work spaces clearly utilized or essential in the operation of the home occupation.

(5)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.

(6)

On-site retail sales are not permitted.

(7)

Storage on the premises of material or equipment used or serviced as a part of the home occupation must be completely enclosed within a building. No storage of hazardous materials is permitted.

(8)

Home occupations shall not create any glare, fumes, odors or other objectionable conditions detectable to the normal senses beyond the boundaries of the zone lot.

(9)

Persons operating home occupations shall grant the Town reasonable access for the purpose of verifying compliance with this Chapter.

(b)

Home occupations shall not be interpreted to allow any of the following businesses:

(1)

The onsite display or sale of any merchandise or articles except as may be produced by members of the household residing in the dwelling unit.

(2)

Service, repair, painting, or modification, for compensation or gain, of any motorized vehicles, or parts or accessories for any motorized vehicles, including, but not limited to, motor vehicles, trailers, boats, personal watercraft, recreation vehicles, and snowmobiles. This prohibition shall not apply to work on a vehicle as a hobby.

(3)

Animal hospital or kennel.

(4)

Restaurant.

(5)

Licensed home daycare exceeding the limits defined in Section 16-2-210.

(6)

Repair of equipment having a combustion engine of the use of any equipment having a combustion engine in the process of conducting any home occupation.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §25, 6-14-2022)

(a)

Group homes allowed as a use permitted by right are identified in Table 2.12. Group homes that are identified as conditional uses in Table 2.12 may be approved as conditional uses subject to the requirements set forth below. In conducting the hearing for the conditional use permit, the Planning Commission and Board of Trustees shall consider an analysis of the following:

(1)

Building height and setbacks;

(2)

Building coverage of the lot;

(3)

Traffic and parking;

(4)

Compatibility of building design with the character of the surrounding area; and

(5)

Whether the types of treatment activities or the services proposed to be conducted upon the premises are in a manner substantially consistent with the activities otherwise permitted in the zoning district.

(b)

A group home may not be located closer than seven hundred fifty (750) feet to any other group home.

(c)

No permanent certificate of occupancy will be issued for a group home until the person applying for the group home has submitted a valid license from a governmental agency having jurisdiction.

(d)

If active and continuous operations are not carried on in a group home for twelve (12) consecutive months, the group home use shall be considered to have been abandoned and no longer allowed. The group home use can only be reinstated after obtaining a new approval from the Planning Commission.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §26, 6-14-2022)

Mobile home parks in which mobile homes are located shall comply with the following standards:

(1)

The space between the lower edge of the mobile home unit and the ground shall be completely enclosed (skirted) with suitable and uniform weatherproof material.

(2)

Vehicle parking.

a.

There shall be a minimum of two (2) off-street parking spaces provided for each mobile home unit within the park.

b.

All parking surfaces shall be paved.

(3)

Streets and access.

a.

Paved streets shall extend from the existing street system as necessary to provide convenient access to each mobile home space and to common facilities and uses.

b.

All streets, whether public or private, shall be paved and constructed to Town specifications.

(4)

Pedestrian walkways, at least two (2) feet in width and paved, shall be provided for access to each mobile home from a paved street or driveway or parking area connected to a public street.

(5)

Water and sewer service. All mobile home parks shall have all spaces or stands connected to the public water supply of the Town. All mobile home parks must have all spaces or stands connected to an approved public sewer system serving the Town.

(6)

Refuse disposal. The storage, collection and disposal of refuse shall be conducted to control odors, insects, rodents and other nuisance conditions.

(7)

Setback requirements.

a.

Housing units within a mobile home park shall be separated by a distance of not less than fifteen (15) feet.

b.

Housing units within a mobile home park shall be set back not less than ten (10) feet from any internal street or alley, and not less than twenty (20) feet from any public street abutting the perimeter of the mobile home park.

(8)

Tie-downs and blocking. Every mobile home shall be secured against wind damage by blocking and tie-downs approved by the Building Official.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

Editor's note— Ord. 754-22, §6, adopted Aug. 9, 2022, repealed §16-2-525, which pertained to telecommunications facilities and derived from Ord. 646-14 §1(Exh. A), adopted Dec. 9, 2014; and Ord. No. 661-16, §5, adopted Feb. 23, 2016.

Except under the following instances, borrowing may not be done without obtaining a conditional use permit:

(1)

Minor projects which have cuts or fills each of which is less than five (5) feet in vertical depth at its deepest point measured from the existing ground surface, which include all of the following:

a.

Less than fifty (50) cubic yards of earth material;

b.

The removal of less than ten thousand (10,000) square feet of vegetation.

(2)

Minimum excavation required in connection with a building or other structure authorized by a valid building permit.

(3)

Grading work being done pursuant to an approved grading plan in conjunction with an approved recorded plat or overlot grading plan being done on the same property.

(4)

Trenching incidental to the construction and installation of approved underground pipeline, septic tank, disposal lines, electrical or communication facilities, and drilling or excavation for approved wells or fence posts.

(5)

Grading or excavation in accordance with plans incorporated in an approved mining permit, reclamation plan or reservoir permit.

(6)

Maintenance and cleaning of ditches, lakes, ponds and water storage reservoirs.

(7)

No processing, crushing or similar treatment of earth material may occur on the borrow pit site.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

Mining is a mechanism allowing for extraction of sand, gravel, and clay, including attendant operations such as crushing and stockpiling. Quarrying of hard rock aggregate is generally prohibited. Mining operations, crushing and stockpiling are permitted as a conditional use within any land use category. Mining equipment shall be considered mechanical equipment; however, it will not be subject to the screening or camouflaging requirements herein. Mining operations shall, however, be subject to the following requirements under the following instances:

(1)

All mining equipment and operations areas must be screened from the sight of adjacent properties or right-of-way by the use of berms or by other equivalent means.

(2)

All mining equipment shall be located behind building setback lines.

(3)

Mining equipment shall not exceed thirty-five (35) feet in vertical height unless totally screened.

(4)

All access roads longer than one hundred (100) feet used for ingress and egress from the public roadway to the area of mining operations shall be paved to the standard for local roadways and shall be maintained to minimize fugitive dust generated by vehicles.

(5)

Any required state highway access permits shall be obtained prior to any mining operation.

(6)

Any necessary traffic improvements, identified through any requirement of the Town, County or other local jurisdictions (as appropriate), that are needed for safety and proper circulation shall be constructed. Mining activity traffic will not lower the level of service of the public roadway providing access lower than the level of service "B".

(7)

All mining activities shall meet applicable air quality standards as set by the Colorado Air Quality Control Commission.

(8)

Mining structures and equipment shall be prohibited in the same locations as is outdoor storage. All mining operations shall be at least two hundred (200) feet from the property line.

(9)

No open pit mine shall be deeper than two hundred (200) feet. No reclaimed open pit mine shall be left deeper than one hundred (100) feet.

(10)

Mining, processing or transporting operations shall be within the time limits of 6:00 a.m. to 6:00 p.m., except for Sunday when such activity shall be prohibited. Maintenance operations shall not be subject to this provision.

(11)

The use of explosives is subject to all state and federal standards and restricted to a maximum of five (5) days per calendar year.

(12)

Mining and all associated activities and uses must meet State residential noise standards regarding noise pollution.

(13)

All reclaimed slopes shall not exceed 3:1. A diverse permanent vegetative cover shall be established on all disturbed areas to achieve erosion control equal to conditions prior to mining. The cover shall be predominantly of native species.

(14)

Sediment caused by accelerated soil erosion shall be removed from runoff water before leaving the site. Runoff shall not be discharged from the site in quantities or at velocities above those occurring before mining.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §27, 6-14-2022)

Open mining operations, crushing and stockpiling are permitted as a conditional use within any land use category for the purpose of creating a reservoir. The standards specified for reservoir construction are the same as those for mining in Section 16-10-540 with the exception that there is no depth limitation and the finished grades will be the same as the standards specified by the State for reservoirs. Any reservoir design and construction must be approved by the Town Engineer.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

(a)

The use of property as a medical marijuana store, medical marijuana cultivation facility, medical marijuana products manufacturer are all land uses prohibited in any zone district, including in any PD zone district. For purposes of this Section, medical marijuana store, medical marijuana cultivation facility and medical marijuana-infused products manufacturer shall have the meanings set forth in Section 6-3-20 of this Code. Nothing in this Section shall be construed to prohibit, regulate or otherwise impair the protections of the use of medical marijuana by patients as provided in Article XVIII, §14 of the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient in accordance with Article XVIII, §14 of the Colorado Constitution, Title 12, Article 43.3, C.R.S., Section 25-1.5-106, C.R.S., and the rules promulgated thereunder.

(b)

The use of property as a retail marijuana cultivation facility, retail marijuana product manufacturer, retail marijuana testing facility or retail marijuana store are all land uses prohibited in any zone district, including in any PD zone district. For purposes of this Subsection, retailmarijuana cultivation facility, retailmarijuana product manufacturer, retail marijuana testing facility and retail marijuana store shall have the meanings set forth in Section 6-4-20 of this Code. Nothing in this Section shall be construed to prohibit, regulate or otherwise impair the protections for the personal use of marijuana as provided in Article XVIII, §16(3) of the Colorado Constitution.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §28, 6-14-2022)

(a)

Salvage yards and junkyards are permitted as a conditional use in the Industrial zoning district, subject to the following screening requirements.

(1)

No conditional use permit shall be issued by for any salvage yard or junkyard in the Town unless the premises on which such business or storage is carried is entirely enclosed by a solid fence at least six (6) feet in height. Such fence shall be a masonry wall, a wooden fence, a steel fence or concealing chain link as approved by the Zoning Administrator. Such fence shall be maintained in a neat, substantial, safe condition. All gates shall open inward and shall be kept closed when the premises are not open for business.

(2)

Such wall, fence or the gates thereof shall not contain any advertising sign or poster other than that needed to identify the enclosed business.

(3)

Salvage or junk operations, including storage, shall not encroach upon or use any area outside the enclosed area.

(4)

No screening shall be required in the following instances:

a.

The common boundary between adjacent salvage yards and junkyards.

b.

That portion of the boundary to be enclosed is contiguous to a view-obscuring topographic feature rendering screening unnecessary.

c.

That portion of the boundary to be enclosed is contiguous to an industrial use of similar nature to a salvage yard or junkyard which is of such a view-obscuring arrangement, topographic or otherwise, as to render screening unnecessary. Any dispute as to the need for enclosure in the foregoing instances shall be determined by the Board of Trustees in considering an application for a conditional use permit. The Board of Trustees may allow an alternate method of enclosure in substitution for the wall or fence, provided that the alternative method of enclosure shall fulfill the intent to keep out children; to keep out persons attempting to enter salvage yards and junkyards illegally; to keep such areas free from rodents; and to effectively screen such yards from public view.

(b)

Salvage and junk in an enclosed yard shall be so piled or placed that adequate passageways are open to permit the unobstructed passage of firefighting vehicles. Such passageways within the yard shall be approved in writing by the Fire Chief, Bennett Fire Protection District.

(c)

It shall be the duty of the person operating a salvage yard or junkyard to maintain the premises so used in a clean, sanitary, and neat condition, and in such a manner as to eliminate and exclude rodents.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

(a)

Number of ADUs. One (1) ADU shall be allowed as a use permitted by right on a residential lot in the A, RE, R-1, R-1A, or R-2, zoning district and as a conditional use in the R-3 zoning district, in conjunction with any new or existing detached single-family dwelling in such districts.

(b)

Location.

(1)

An ADU may be added to or included within a single-family dwelling or located in an attached or detached accessory structure on the same lot as the principal building.

(2)

ADUs shall conform to all setbacks, height, and lot coverage restrictions and any other standards or regulations required in the zoning district that apply to single-unit residential dwellings.

(3)

Front and side setbacks for an accessory dwelling unit are the same as the front and side setbacks required for a primary dwelling unit in the same zoning district. Rear setback for an accessory dwelling unit shall be the same as the rear setback for other accessory building types in the same zoning district but not less than 5 feet.

(4)

Accessory dwelling units are not allowed to encroach on any easement.

(c)

Size/scale.

(1)

The total square footage of an ADU shall be a minimum of three hundred ninety (390) square feet and shall not exceed the smaller of one thousand (1,000) square feet or forty percent (40%) of the total square footage of the principal building excluding any garage area.

(2)

If an ADU occupies an entire single floor within a principal building, the Zoning Administrator may allow for an increase in the allowed size of the ADU in order to efficiently use all of the floor area, so long as all other standards of this section are met.

(d)

Subdivision. An ADU shall not be subdivided or otherwise segregated in ownership from the principal building.

(e)

Occupancy. The property owner must reside on the parcel when the accessory dwelling unit application is submitted.

(f)

Parking. One (1) off-street parking space is required to be designated for an ADU at the time of construction or conversion in addition to the required parking spaces for the primary dwelling unit. Parking spaces may include an existing private driveway, garage, carport, tandem parking space, or off-street area reserved for vehicles. If there is not an existing off-street parking space, including a driveway, garage, or tandem parking space, that could be used for an accessory dwelling unit and is located on a block where on-street parking is prohibited for any reason including ensuring access for emergency services, one (1) new parking space shall be required to be provided.

(g)

Exterior Modification. Only one (1) entrance on the front of the principal building is permitted. Additional entrances are permitted on the side and rear of the principal structure. The Zoning Administrator may allow both entrances to the principal building and ADU to be located on the front of the structure where design, site layout, and construction considerations significantly hinder other options. Additions to an existing principal structure or the development of a newly constructed detached ADU shall be designed consistent with the existing facade, roof pitch, siding, and windows of the principal building.

(h)

Home Occupations. Home occupation shall be allowed, subject to the requirements of this Article, in both the ADU and the principal structure.

(i)

Application for an ADU must include a statement by a water or wastewater service provider regarding capacity to service the property as a condition of permitting the accessory dwelling unit. If the property is currently served by well or septic, sufficient capacity for the accessory dwelling unit must be certified.

(j)

Administrative approval process and conditions. An application for an ADU shall be processed through the same administrative approval process as an application for a detached single-unit dwelling in the same zoning district and may be subject to the same conditions of approval as a single-unit dwelling in the same zoning district.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 805-25, § 2(Exh.C), 11-4-2025)

(a)

The purpose of this section is to minimize potential negative impacts of recreational vehicle parks, while promoting the quality of life in Bennett and serving as a tourism base camp for visitors to Colorado.

(b)

Any recreational vehicle (RV) park shall be subject to the following standards:

(1)

Screening through site selection, landscaping, buffering and fencing shall be used to minimize the visual impact of RVs on adjacent or surrounding arterial streets or highways.

(2)

Park entrances shall be located such that vehicles have convenient and direct access to arterials. Routes to the park shall not pass through residential neighborhoods.

(3)

The RV park shall be landscaped in accordance with the standards and provisions of Chapter 16, Division 7 of the Bennett Municipal Code, subject to the following additional requirement.

a.

Perimeter buffer widths of recreational vehicle parks shall be minimum of twenty (20) feet at the front entrance and ten (10) feet on the side and rear lot lines.

(4)

A minimum of forty-five percent (45%) of the RV park shall be open space. This may include natural areas, landscaped perimeter buffers, landscaped areas between camping areas, trails and walks, the landscaped portions or RV sites, active recreation areas and any other landscaped portions of the site. Open space for RV park uses is defined for purposes of this section as those areas that are landscaped or left in a natural state. Open space shall not include the vehicular area of RV sites, parking, roadways, buildings or other similar improvements.

(5)

Vehicular areas of each RV site shall be a minimum of fifteen (15) feet by sixty-five (65) feet and shall be separated from any other RV site by a landscaped area a minimum of ten (10) feet in width extending the full length of the adjacent RV sites. These areas will be covered with crushed asphalt, crushed concrete, asphalt or concrete following the road design standards for the Town of Bennett.

(6)

Each ten (10) foot landscaped area between RV sites shall provide a minimum of one (1) deciduous shade tree (two and one-half (2½) inch caliper minimum) and

five (5) shrubs (five (5) gallon minimum) and shall be seeded with native grasses at a minimum.

(7)

Two (2) RV sites may be combined with no landscaped area between provided that utility services for both sites occupy the space between the sites, the recreational vehicles have a minimum separation of ten (10) feet, and a landscaped area on both sides of the combined spaces is provided which is a minimum width of eighteen (18) feet and extends the full length of the adjacent RV spaces.

(8)

Utility connections, associated equipment and site amenities shall not be located within required landscaped areas. Any slide-outs, stairs or similar items shall be contained within the vehicular area of the site.

(9)

Additional vehicular parking shall be required at all common facilities including check in station, recreation area, comfort stations, maintenance building or other similar facilities at a rate of two (2) spaces per one thousand (1,000) square feet of building area. Guest parking may occur within the vehicular area of an RV site, on roadways built to allow parking or in common parking areas.

(10)

No more than one recreational vehicle shall be permitted at any individual site. Vehicles which tow or are towed by the recreational vehicle shall also be parked in the same portion of the site as the recreational vehicle.

(11)

A system of pedestrian links shall be provided throughout the park which link all sections of the park with other sections, and result in the ability of pedestrians to avoid traveled roadways. This system may include both sidewalks and trails, and shall be convenient to all RV sites and link all areas with all facilities including the entry station. The pedestrian system shall continue to the street from which park access is taken.

(12)

Recreational vehicle parks shall have a full time manager on site at all times or shall provide alternative security measures for park residents acceptable to the Town.

(13)

Guest stays shall be limited to one hundred eighty (180) days per year. Long term occupancy is limited to park managers, one maintenance employee and their immediate families. An exception to the one hundred eighty-day stay limit shall be made to accommodate medical emergencies involving registered guests or their family members within one degree of kinship by either blood or marriage. Proof of such a medical emergency shall require the guest to produce for the manager a physician's note stating a medical condition requires the guest to remain for their own health or to attend to a family member's health. If such a note is produced the manager may allow the guest to remain an additional sixty (60) days for a total stay of two hundred forty (240) days. Managers shall be required to retain the notes in their records for one (1) year and to produce them to Town personnel on demand.

(14)

The park shall keep a record of registered guests and their length of stay to be available for Town inspection at any time.

(15)

Services and amenities within the park shall be restricted to use by registered campers and their guests, and the Town may require at a minimum water, sewer and electricity for each site, water and sewer facilities for common buildings common bathrooms and showers in the camping area, laundry facilities, a management office and an active recreational area depending on the park size, anticipated lengths of stays and proposed uses within the park.

(16)

Dump stations shall be required. The number and size of such dump stations shall be determined based on the park size, anticipated lengths of stays and proposed uses within the park.

(17)

If a tent area will be provided in the park, toilets and showers shall be required. Guest stays in tents shall be limited to no more than ten (10) days per year unless approved by the conditional use permit process.

(18)

Vans which have been modified as campers, commercial tractor-trailers and sleeping in other vehicles not designed as a recreational vehicle shall not be permitted.

(19)

No blocking or skirting of RVs is permitted.

(20)

No outdoor storage by park guests is permitted.

(c)

Application of tax. The Town's lodging occupation tax shall apply to the furnishing of lodging in a recreational vehicle park pursuant to Chapter 4, Article VII of this Code.

(Ord. 696-19 §11, 2019; Ord. 742-22, §30, 6-14-2022)

(a)

Outdoor storage is permitted as an accessory use in all zone districts, subject to the following standards:

(1)

In no case shall the storage or parking of trailers, semi-trailers, cargo containers or shipping containers outdoors, or the warehousing of goods in such containers, be permitted as a principal use. Cargo and shipping containers shall only be allowed in accordance with Section 16-2-465(2) Commercial and industrial outdoor storage areas shall be incorporated into the overall site design and shall have screening, which is complementary in design to the primary structure on the site.

(2)

If the outdoor storage area is covered, then the covering shall be designed to be complementary to the primary structure on the site.

(3)

Goods stored in an outdoor storage area shall be limited to storage of materials associated with the business on the lot and shall be displayed for the purpose of sale, rental or lease, business of vehicle storage or storage of businesses' vehicles and equipment.

(4)

No materials may be stored in areas intended for vehicular or pedestrian circulation including emergency access.

(5)

Outdoor Storage for construction shall be allowed on a temporary basis and shall be removed within thirty (30) days of the last Certificate of Occupancy being issued within the filing and the site shall be restored to its original state.

(Ord. 742-22, §31, 6-14-2022)