Colfax City Zoning Code
CHAPTER 17
12 GENERAL AND SUPPLEMENTARY REGULATIONS
§ 17.12.010 Nonconforming use of land or building.
Any nonconforming use may continue subject to the following restrictions and conditions:
A.
Any nonconforming use of land or building which has ceased by discontinuance, or which has been abandoned for a period of one year, shall thereafter conform to all rules, laws and ordinances of the city then in effect.
B.
Any nonconforming building which has been destroyed or damaged to the extent of sixty percent or more of its fair market value shall thereafter conform to all rules, laws and ordinances of the city then in effect. Where more than forty percent of the fair market value of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage. The restrictions of this subsection shall not apply to any existing residences in any nonresidential zones which are destroyed or damaged by casualty. Any such existing residence damaged or destroyed must be reconstructed within two years of the date of the casualty or shall thereafter be considered a nonconforming use.
C.
No nonconforming use may be moved to any other property unless it complies with all rules, laws and ordinances of the city then in effect.
D.
Except for any existing residences in any nonresidential zones, no nonconforming building shall be enlarged or structurally altered except to make it a conforming building.
E.
The use of a nonconforming building may be changed only to a use conforming to the zone in which the property is located.
F.
These provisions shall apply to all nonconforming uses in zones as now exist or as hereafter changed by amendment of this title.
(Ord. 1487 §§ 1, 2, 2001; Ord. 1306 § 2, 1991; prior code § 18.16.010)
§ 17.12.020 Gross floor area ratio.
§ 17.12.030 Building projections.
Outside stairways, fire escapes, fire towers, porches, platforms, balconies, flues, and other projections shall be considered as part of the building and not as part of the yards or courts or unoccupied spaces; provided, however, that this provision shall not apply to fireplaces, chimneys projecting not more than twelve inches into side yard space and not more than eight feet in length nor to platforms, terraces or steps below the first floor level, nor to enclosed porches or other ground-level projections not over one story in height, which may extend into a front or rear yard not more than twelve feet, or into a side yard not more than eight feet, but not nearer than fifteen feet from a front or a rear line, or not nearer than three feet from the side lot line, nor to cornices not exceeding sixteen inches in width including the gutter.
(Prior code § 18.16.030)
§ 17.12.040 Residential zones – View at intersections of streets.
In all residential zones there shall be provided an unobstructed view at the triangle formed by the lines of the intersection of streets and a line joining points on such street lines twenty feet distant from their point of intersection, in which foliage, fences or any other site obstructions shall not be greater than three and one-half feet in height.
(Ord. 1498 § 4, 2002; prior code § 18.16.040)
§ 17.12.050 Residential zone – Accessory buildings.
In any residential zone no accessory buildings should be erected which shall occupy more than thirty percent of the minimum rear yard requirements.
(Prior code § 18.16.050)
§ 17.12.060 Residential zone – Side lot line bordering other zone.
Whenever a lot located in a B, C, S, M or SC zone has a side lot line coexistent with the side lot line of a lot located in a residential zone, the side yard requirements of the residential zone shall be applied to the uses in the B, C, S, M or SC zone for such distance to the next intersection. §18.16.060).
(Prior code § 18.16.060)
§ 17.12.070 Performance standards – M and C zones.
Sections 17.12.080 through 17.12.110 are performance standards to be applied to any use permitted in the C-Commercial zone and in the M-Manufacturing zone, and in the process of applying such standards, the building inspector shall make or cause to be made all technical measurements and determination relating thereto.
(Prior code § 18.16.070)
§ 17.12.080 Air contaminants.
A.
Shade. Air shall be less dark in shade than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, except that No. 2 is permitted for one four-minute period in each one-half hour during any twenty-four-hour period.
B.
Opacity. Air contaminants, of such an opacity as to obscure an observer's view to a degree equal to or greater than described in subsection A of this section, shall not be permitted, except that smoke in the range of white or cream may be expected by the application of this rule.
C.
Particulate Matter. Particulate matter, or dust, as measured at and by any generally accepted manner shall not be emitted in excess of three-tenths grains per cubic foot, as corrected to a temperature of five hundred degrees Fahrenheit, except for one period of four minutes in any one-half hour; then it can equal but not exceed six-tenths grains per cubic foot, as corrected to a temperature of five hundred degrees Fahrenheit. Particulate matter is material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature and pressure. Dusts are minute solid particles released into the air by natural forces or by mechanical processes such as crushing, grinding, bagging, sweeping, etc.
(Prior code § 18.16.080)
§ 17.12.090 Odor.
Repealed by Ord. 1402.
(Prior code § 18.16.090)
§ 17.12.100 Gases.
The following gases, sulfur dioxide end hydrogen sulphide, shall not exceed five-tenths parts per million; carbon monoxide shall not exceed twenty-five parts per million; nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the place of residence; provided, however, there shall not be discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons, or to the public, or which endanger the comfort, repose, health or safety of any such persons, or the public, or which cause or have a natural tendency to cause injury or damage to business or property.
(Prior code § 18.16.100)
§ 17.12.110 Sewerage wastes.
No waste shall be discharged in the public sewer system which is dangerous to the public health and safety. These standards shall apply at the point where wastes are discharged into the public sewer, or any stream of water acidity or alkalinity, or other drainage course shall be neutralized within an average pH (unit of measurement of acidity) range of between 5.5 to 7.5, as a daily average on the volumetric basis, with temporary variation of pH 4.0 to 10.0. Wastes shall contain no cyanides, and no chlorinated solvents shall be in excess of one-tenth part per million.
No fluorides shall be in excess of ten parts per million. Wastes shall not contain more than ten parts per million of hydrogen sulphide, sulfur dioxide, and nitrous oxide gases. Wastes shall not contain any insoluble substance in excess of ten thousand parts per million, or exceed a daily average of five hundred parts per million or fail to pass a No. 8 Standard Sieve, or have a dimension greater than one-half inch. Wastes shall not have a chlorine demand greater than fifteen parts per million. Wastes shall not contain phenols in excess of five-hundredths parts per million. Wastes shall not contain any grease or oil or any oily substance in excess of one hundred parts per million, or exceed a daily average of twenty-five parts per million.
(Prior code § 18.16.110)
§ 17.12.120 Building permits – Compliance to zoning rules.
No building shall be erected, moved, altered, added to or enlarged and no excavating for any building shall be begun unless and until a building permit for such work has been issued, as required by city ordinance. In addition to the requirements for the issuance of a building permit, each application shall set forth the purposes for which the building is proposed to be used and shall be accompanied with sufficient information and drawings to permit determination of whether or not this title will be complied with.
(Prior code § 18.16.120)
§ 17.12.130 Residential-off-street parking – Fence.
In every instance where off-street parking lots are located adjacent to any existing residential property or any residential zone, an unpierced fence, wall or hedgerow shall be installed and maintained at a height of six feet on the boundary line of land to be used for off-street parking between the parking area and the adjacent property.
(Prior code § 18.16.130)
§ 17.12.140 Cooperative off-street parking.
Any two or more uses may establish cooperative off-street parking, and where it can be presented to the building inspector that the hours of traffic generation on the part of the two land uses appear at different times of the day, off-street parking provisions for each can be credited to the same off-street parking areas provided cooperatively.
(Prior code § 18.16.140)
§ 17.12.150 Residence uses in nonresidence zones.
Repealed by Ord. 1487.
(Ord. 1184 § 1, 1985; prior code § 18.16.150)
§ 17.12.160 Trailer coaches – Where permitted.
Repealed by Ord. 1402.
(Prior code § 18.16.160)
§ 17.12.170 Garages in residential zones.
In residential zones, garages may be built to the lot line if they are built as part of a single structure in cooperation with the owner of the adjacent lot having a common party wall on the lot line.
(Prior code § 18.16.170)
§ 17.12.180 Off-street parking – Minimum provisions.
Minimum off-street parking shall be provided as follows:
A.
One-family dwellings: two off-street parking spaces;
B.
Two-family dwellings: four off-street parking spaces;
C.
Parks and playgrounds: one parking space for each five hundred square feet of land area;
D.
Churches, community centers and auditoriums: one parking space for each four seats;
E.
Private and public specialty schools, nonacademic schools: one off-street parking space for each two employees, plus such parking as each auditorium or similar facility would require;
F.
Country clubs, fraternal lodges, and social clubs, all of which shall be privately owned and not operated as a commercial enterprise catering to the general public: one off-street parking space for each four hundred feet gross floor area;
G.
Hospitals and nursing homes: one off-street parking space for each two employees, plus one space for each bed;
H.
Multiple-family dwellings shall have a minimum of one off-street parking space for each dwelling unit;
I.
Hotels, roominghouses, clubs, and fraternal homes: one parking space for each two guest sleeping rooms;
J.
General business: one parking space for each five hundred square feet of floor space;
K.
Service stations: a minimum of four parking spaces plus one space for each vehicular greasing facility;
L.
Manufacturing establishments: one parking space for each five employees based on the greatest number of employees at work at one time.
(Ord. 1130 § 1, 1982; prior code § 18.16.180)
§ 17.12.190 Conditional property uses – Conditions.
The following are acceptable conditional property uses:
A.
Churches and community centers and auditoriums, providing the minimum lot size for any church shall be ten thousand square feet and the gross floor area ratio for such shall not be in excess of three-tenths; provided, that the off-street parking areas shall be in accordance with the provisions herein contained and shall be located upon the same lot with the church, fulfilling open space areas but protecting such areas from adjacent residential property or residential zones by a planting strip or other form of wall acceptable to the board in granting the permit.
B.
Private and public specialty schools, or nonacademic schools, providing there is a minimum zoning lot size not less than ten thousand square feet, and shall provide such additional zoning lot space as would be required by appropriately applying two hundred fifty square feet of lot size for each child capacity of the school in excess of one hundred; and such open space areas may be used for play and other programs for child and student training, and in addition, some portion of the space may be occupied by off-street parking which is as required.
C.
Utility substations, providing the minimum zoning lot size for such stations shall be equal to the minimum zoning lot size of the zone, that the gross floor area ratio for such buildings shall not be in excess of three-tenths, that no open space areas shall be used for storage, that the front yard requirements for the substation shall be ten feet greater than the requirement for the essential and permitted uses in the zone, and that other standards required for the essential uses in the zone shall be found in compliance therewith.
D.
Country clubs, fraternal lodges and social clubs, all of which shall be privately owned and not operated as a commercial enterprise catering to the general public, and shall be located on a minimum zoning lot of ten thousand square feet, with a gross floor area ratio of three-tenths.
E.
Hospitals and nursing homes, providing there is a minimum zoning lot of a size not less than ten thousand square feet, and an additional five hundred square feet of zoning lot area for each bed in excess of ten; and providing the minimum front and rear yard requirements shall equal the minimum required in this zone, and the side yards shall have a minimum of twenty feet and such shall be increased by ten feet in height over twenty-five feet, or two stories; and
providing that the gross floor area ratio shall not be less than thirty-five hundredths. Any portion of the rear yard may be used for off-street parking, providing a six-foot, unpierced wall or hedge is maintained between the accessory off-street parking area and adjoining residential properties, or land located in any residential zone.
F.
Libraries and post offices, providing the gross floor area ratio shall not exceed thirty-five hundredths end that accessory off-street parking shall be provided on the basis of one parking space for each four hundred square feet of net floor space devoted to serving the visiting and browsing floor areas of the library and customer area of the post office.
G.
Taverns shall be located at least two hundred feet from any existing residence, which residence is used completely for only family residential purposes and does not have on its premises any form of retail sales or manufacturing processes.
(Ord. 1400 § 1(part), 1996; prior code § 18.16.190)