This article outlines the uses, both temporary and permanent, that are permitted within the city. Not all uses are permitted in every zone district and therefore, any person using property within the city should refer to this article to determine whether the use is permitted on their property and the standards applicable to that use. This article also details the accessory structures that may be erected and the standards that apply to such structures.

No land shall be used and no accessory structure shall be erected, structurally altered, relocated, or used except for in compliance with this land development code.

Uses permitted under this land development code may be undertaken and maintained only in conformance with the following standards. An applicant for a proposed use may be required to submit evidence that a use complies with these standards, including a report prepared by an expert. Such expert shall be fully qualified to give the required information and shall be acceptable to the director. The cost of the expert's services shall be borne by the applicant.

(1)

Vibration. Uses that generate vibrations in violation of this section shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

(a)

Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities;

(b)

Uses shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property line of the parcel; and

(c)

Uses shall not generate ground vibration that interferes with the operation of equipment and facilities of adjoining parcels.

(d)

Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section.

(2)

Noise. Uses and activities shall be conducted so that any noise generated on the property will not violate the noise regulations contained in the municipal code.

(3)

Air Pollution. Activities in all zone districts shall conform to applicable federal, state, and local air pollution standards. The applicant may be required to provide proper documentation justifying that all operations will be in compliance with federal, state and local air pollution standards.

(4)

Odor.

(a)

Uses shall not result in the creation of odors of such intensity and character either on or off property as to be detrimental to the health and welfare of the public or that interferes unreasonably with the comfort of neighboring property owners. Without limiting the foregoing, odorous emissions shall comply with applicable provisions of the federal, state, and local requirements.

(b)

Agricultural operations conducted in compliance with this land development code shall be exempt from this paragraph, unless the odor created constitutes a health hazard.

(5)

Dust. No dust or particulate matter shall be emitted that is detectable by a reasonable person without instruments. Nonresidential exhaust air ducts shall be located or directed away from abutting residentially zoned properties.

(6)

Electromagnetic Radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communications, 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 except in compliance with the Federal Communications Commission (FCC) regulations, or in the case of governmental agencies and governmental-owned plants, the regulations of the interdepartmental radio advisory committee. Any application for a proposed use or activity emitting electromagnetic radiation shall include an expert report that demonstrates conformance with the applicable regulations of the FCC, or interdepartmental radio advisory committee, as applicable.

(7)

Hazardous Materials. All activities and all storage of hazardous materials shall comply with all federal and state regulations as well as any applicable safety, fire and building codes adopted by the city for the use and storage of the hazardous materials involved. Adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using the best available technology.

(8)

Glare and Heat. No direct or sky-reflected glare, whether from lights or from high temperature mechanical or chemical processes such as combustion or welding, shall be permitted to unreasonably interfere with the use and enjoyment of adjacent properties. These regulations shall not apply to signs or floodlighting or parking areas otherwise permitted by this land development code. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

(9)

Materials and Waste Handling.

(a)

No person shall cause or permit any materials to be handled, transported, or stored in a manner that allows particulate matter to become airborne or liquid matter to drain onto or into the ground.

(b)

All materials or wastes that might cause fumes or dust, or that constitute a fire hazard or may be edible by or otherwise be attractive to rodents or insects, shall be stored outdoors only in enclosed, permeable trash containers that are screened in accordance with this code.

(c)

Toxic and hazardous materials and chemicals shall be stored, secured, and maintained so that there is no contamination of ground, air, or water sources at or adjacent to the site.

(d)

Notwithstanding anything contained herein, all treatment, storage, disposal, or transportation of hazardous waste shall be in conformance with all federal and state statutes, codes, and regulations.

(e)

Provisions shall be made so that all lubrication and fuel substances shall be prevented from leaking or draining onto the property.

(f)

Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the regulations of the Tri-County Health Department and South Adams County Water and Sanitation District.

The city may require a use or structure that has become hazardous, harmful, noxious, offensive, or that constitutes a nuisance to the surrounding neighborhood to be corrected or improved by any measure that is consistent with reasonable technological and economic practicality.

The following sections establish special regulations for land uses that may affect adjacent properties, the neighborhood, or community, even if the site planning and development standards of the applicable zoning district are satisfied. The regulations contained in these sections are intended to mitigate potential problems and hazards, and to ensure consistency with the comprehensive plan.

The Accessory Uses and Accessory Structures Table (table V-3 below) establishes the districts in which a particular use or structure may be allowed as accessory to the principal use or structure. An "R" indicates the accessory use or structure is allowed in the district as a use-by-right. A "P" means the accessory use or structure is allowed as a use-by-permit. Finally, a blank cell means that the accessory use or structure is prohibited in that district.

Table V-3. Accessory Uses and Accessory Structures Table

(Ord. No. 1854, April 2011; Ord. No. 1887, July 2012; Ord. No. 2648, § 2(Exh. A), 12-16-2024)

In the event that a proposed use or structure is not specifically listed in table V-3, the director may determine that such use or structure is allowable and may impose any restriction deemed reasonably necessary to ensure that the intent and purpose of this land development code are not negatively impacted.

(1)

Incidental to Principal Use. The accessory use or structure shall be clearly incidental and customarily found in connection with the principal use. No accessory use or structure is permitted on a lot or parcel without a principal use or structure.

(2)

Commercial Use Restricted. No accessory structure on a residentially zoned property shall be used for any commercial purpose other than a Short-Term Rental located in a permitted Accessory Dwelling Unit.

(3)

Lot Restriction. The accessory uses or structures shall be conducted and/or located on the same lot and within the same zone district as the principal use.

(4)

Unity of Ownership. There shall be unity of ownership and unity of user between the principal use and accessory use.

(5)

Time of Establishment. No accessory use shall be conducted and no accessory structure shall be erected on a lot until after all required permits and approval of the principal use or activity has been obtained.

(6)

Nonconforming Use. No new accessory structures shall be permitted on a lot with a legal nonconforming use.

(7)

Accessory Living Space Restricted. Except as expressly allowed, no accessory structure shall be used to provide any type of living area normally associated with a dwelling unit, including without limitation, spaces devoted to sleeping, permanent dining or cooking areas, and greater than a half bathroom.

(8)

Motor Vehicles and Trailers. The use of any motor vehicle, trailer, mini-mobile storage container, or shipping container as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted, shall be prohibited in all zoning districts except for:

(a)

The sale of goods or merchandise at a city-approved or sponsored event;

(b)

The use of a motor vehicle, trailer, or shipping or storage container in connection with an approved recycling operation;

(c)

The use of a trailer or shipping or storage container in conjunction with construction authorized by a valid building, grading, or construction permit; or

(d)

The use of a trailer, shipping, or storage container for the temporary loading and unloading of goods, provided that no individual trailer or container is in place longer than 72 hours.

(9)

Mobile Homes and Recreational Vehicles. No mobile home or recreational vehicle (RV) shall be used for accessory uses.

(10)

Sight Distance. No accessory structure or use shall be located within a sight-distance triangle.

(Ord. No. 1854, April 2011; Ord. No. 1887, July 2012; Ord. No. 2648, § 2(Exh. A), 12-16-2024)

(1)

City Easements. No accessory structure shall be located within any platted or recorded easement of the city's, except as expressly agreed to in writing by the city. The applicant shall be responsible for correctly identifying easements and their ownership on the site plan provided with the building permit for the accessory structure.

(2)

Easements Not Belonging to the City. The applicant and property owner shall be responsible for any accessory structures placed within an easement.

(Ord. No. 1887, July 2012)

Except when a PUD Zone Document specifically regulates the number of accessory structures permitted within the PUD, the number of accessory structures shall comply with the provisions of this section unless a variance is granted by the board of adjustment. Trash enclosures, flagpoles, satellite dishes, clotheslines, and driveways shall not count toward the maximum number of accessory structures permitted by this section. Except as specifically provided otherwise below, all other detached accessory structures listed in table V-6 shall count towards the maximum number of accessory structures permitted by this section.

(1)

Principal Single-Family Detached or Single-Family Attached (Duplex) Use. No more than three accessory structures shall be permitted on a single lot.

(2)

Principal Multi-Family Use. For multi-family residential housing other than townhouses, no more than three accessory structures shall be permitted on a single lot. For townhouse developments where outdoor space for each unit has been legally subdivided, no more than two accessory structures shall be permitted on a single lot. For townhouse developments where outdoor space for each unit has not been subdivided into separate legal lots, each unit shall be permitted to place one shed on its individual outdoor space. Attached and detached garages and attached carports shall not count towards this maximum.

(3)

Principal Commercial Use. No more than two accessory structures shall be permitted on a single lot. Within that limitation, not more than one shed and/or one detached garage shall be placed on a single lot.

(4)

Principal Industrial Use. No more than three accessory structures shall be permitted on a single lot.

(5)

Principal Agricultural Use. No more than five accessory structures shall be permitted on a single lot.

(6)

Public Zone District. There is no maximum number of accessory structures allowed in any lot zoned Public.

(7)

All Other Principal Uses. No more than one accessory structure shall be permitted on a single lot.

(Ord. No. 2020, February 2015)

All accessory structures and uses shall be subject to the specific regulations set forth in the Bulk Standards for Accessory Structures and Uses table (table V-4). Such specific regulations shall be in addition to the regulations that apply to principal uses and structures in each district. In cases of any conflict between the standards of table V-4 and other requirements of this land development code, the standards contained in table V-4 shall control.

Table V-4. Summary Table of Bulk Standards and Additional Regulations for Accessory Structures

(Ord. No. 1887, July 2012; Ord. No. 2020, February 2015; Ord. No. 2158, December 2018)

(1)

A nonconformity existing at the time of the adoption of this land development code, or created by the adoption of this land development code, may continue in the same manner as it existed on the effective date of this land development code, except as otherwise provided herein.

(2)

The owner of property shall bear the burden of establishing the existence of any claimed legal nonconformity.

(3)

Changes of tenancy, ownership or management of an existing nonconformity shall be permitted, and in such cases the nonconformity shall continue to be subject to the standards of this land development code.

(4)

Repairs and normal maintenance required to keep any nonconformity in a safe condition shall be permitted.

(5)

No use that is accessory to a principal nonconforming use shall continue after the principal nonconforming use ceases to exist.

(6)

No existing use or structure shall be deemed nonconforming solely because of the lack of off-street parking required by this land development code.

(1)

Alterations and Expansions. Except as noted below, a nonconforming structure shall not be altered or expanded unless such alteration or expansion complies with the provisions of this land development code. Expansions of the structure that comply with the applicable dimensional standards shall be permitted and shall not require a variance.

This prohibition shall not apply to any lot zoned R-3 as of January 1, 2015 that contains a maximum of one single-family detached dwelling provided that no other nonconformity exists on the property.

(a)

General Standards. A nonconforming structure shall not be altered or expanded unless such alteration or expansion complies with the provisions of this land development code. Expansions of the structure that comply with the applicable dimensional standards shall be permitted and shall not require a variance.

(b)

Structures Located in the Floodplain. In addition to the general standards, if a nonconforming structure located within the floodplain undergoes any alteration, expansion, or addition the value of which equals or exceeds 50 percent of the structure's replacement value, the entire structure must be brought into compliance with the requirements of this land development code.

(2)

Restoration.

(a)

Structures Located Outside the Floodplain. A nonconforming structure that is destroyed or damaged to the extent of more than 60 percent of its replacement value shall not be restored except in compliance with the requirements of this land development code. All such restoration work shall be commenced within 180 days, in accordance with the building permit issued by the city and all applicable city codes.

(b)

Structures Located in the Floodplain. A nonconforming structure that is destroyed or damaged to the extent of more than 50 percent of its replacement value shall not be restored except in compliance with the requirements of this land development code. All such restoration work shall be commenced within 180 days, in accordance with the building permit issued by the city and all applicable city codes.

(3)

Relocation. No person shall move a nonconforming structure to another parcel unless the structure and its location on the new parcel comply with the requirements of the zoning district in which it is relocated.

(4)

Reversion Prohibited. If a nonconforming structure becomes conforming, it shall not be changed back to a nonconforming structure.

(Ord. No. 1992, March 2014; Ord. No. 2020, February 2015)

(1)

Expansion. A nonconforming use of land shall not be enlarged, expanded, extended, increased nor moved to occupy an area of land which was not occupied before the adoption of this land development code.

(2)

Abandonment. If a nonconforming use is discontinued for a period of 180 days or more, any future use of the land shall conform to the standards of the district in which it is located.

(3)

Additional Uses. No additional conforming uses are allowed until all nonconforming uses are removed or terminated.

(1)

Expansion. A nonconforming use of a structure shall not be enlarged, expanded, extended, increased, or moved to occupy an area of the structure that was not occupied before the adoption of this land development code.

(2)

Accessory Uses and Structures Restricted. No additional accessory use, building, or structure shall be established on the site of a nonconforming use.

(3)

Change in Use. A nonconforming use may be changed to a different nonconforming use only if the board of adjustment determines that the new use will result in a lesser degree of nonconformity than the current use and approves the change. After any such change, the use may not revert to the original nonconforming use nor may it be changed to any other use except in compliance with the terms of this section.

(4)

Abandonment. If a nonconforming use is discontinued for a period of 180 days or more, any future use of the structure shall conform to the standards of the district in which it is located.

(5)

Restoration. If a conforming structure containing a nonconforming use is damaged to the extent of more than 60 percent of its replacement value, all future use of the rebuilt or restored structure shall be a conforming use.

(6)

Alteration and Repair. If a structure containing a nonconforming use is repaired or altered at a cost that exceeds 60 percent of its value, all future use of the structure shall be a conforming use.

(1)

Use and Construction. A nonconforming lot may be used for any purpose permitted in the zoning district in which it is located, as long as all bulk standards of that district are met. Structures may be permitted on a nonconforming lot provided the lot does not have continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the zoning district in which it is located for area, or width, or frontage, provided however, that the requirements of the zoning district for minimum setback dimensions shall be met unless a variance to said requirements has been granted by the board of adjustment.

(2)

Enlargements Allowed. Structures located on nonconforming lots may be enlarged, expanded, or extended, provided that such action does not increase nonconformities with applicable setbacks, or cause a new area of nonconformity.

Any nonconforming structure or use that is deemed by the building official to be a detriment to the public health, safety, or general welfare shall be ordered to be removed or discontinued within such time period as the building official may deem reasonable. Upon a failure to comply with the building official's order, the city may take such steps as are necessary to remove such structure, or discontinue such use, and assess the cost thereof against the property owner.

All telecommunications facilities shall be reviewed and approved by the city prior to installation.

(1)

Section 6409(a) Facilities. All 6409(a) facility applications shall be reviewed and approved in compliance with the federal rules in effect at the time the application is received.

(2)

Other Facilities. Administrative Applications for telecommunication facilities that do not involve 6409(a) facilities shall be governed by the following:

(a)

Approval Criteria. An application may be approved if the decision maker finds that:

(i)

The facility complies with all city standards;

(ii)

The facility is suitable for the site, considering the size of the facility and lot, the location of the lot and the facility within the lot, the topography and natural features on the lot, and existing structures or improvements on the lot;

(iii)

There will be adequate mitigation of the visual impacts to the site on which the facility is located and the surrounding area to ensure harmony with adjacent uses and public rights-of-way;

(iv)

The facility creates a positive precedent for future telecommunications facilities and collocations.

(b)

Federal Aviation Administration (FAA) Review. Any telecommunication facility that exceeds 200 feet in height or are located within 20,000 feet of a major airport (commercial and military aircraft facility) and 10,000 feet of a general aviation airport (serving smaller aircraft) shall be reviewed by the FAA.

(c)

Removal Assurance. Prior to erecting or installing any new monopole, the owner or operator shall post with the city a bond, or some other form of financial assurance deemed suitable to the city, to cover the cost of removal of the facility if abandoned, or deemed abandoned, pursuant to the terms of this code.

All telecommunication facilities shall comply with the standards outlined in this section.

(1)

Signage. Wireless telecommunication facilities shall not display signs or advertising devices other than certification, warning, or other required seals or signs. This requirement does not preclude the mounting of telecommunication facilities on existing or new signs which signs are or will be installed in compliance with the standards contained in this land development code.

(2)

Co-Location Requirements. No telecommunications facility owner or operator shall unfairly exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence as to why co-location is not possible. If a telecommunications competitor attempts to co-locate a facility on an existing or approved telecommunications facility or location, and the parties cannot reach an agreement, the city may require a third party study, at the expense of either or both parties, to determine the feasibility of co-location.

(3)

Abandonment.

(a)

All permits or approvals for telecommunication facilities shall expire immediately upon cessation of use by the provider. Upon request of the City, all providers must furnish to the city proof of continued use of the telecommunications facility. Proof shall consist of a copy of the FCC license and a letter from the cellular provider indicating that the facility is still in use. All providers must furnish to the city notice of discontinuation of use by furnishing a copy of any notices reflecting discontinued use as sent to the FCC or other federal regulatory agency having jurisdiction over the operation of the facility. In addition, commercial mobile radio service facilities not used for a continuous period of 6 months shall be deemed abandoned and shall be removed no later than 90 days after being deemed abandoned.

(b)

All leases for the location of commercial mobile radio service facilities must provide that the provider shall have full access to the leasehold space for the purpose of removing the facility. In addition, in the event that the provider and/or the landlord shall fail to remove the facility within the 90-day time period provided herein, then the city shall have access to the leasehold space of the abandoned facility for the purpose of removal. All costs incurred by the city in connection with the removal of the facility shall be recoverable, at the option of the city, against the bond posted by the owner or operator, or alternatively, all costs incurred may be assessed as a lien against the property on which the facility is located, and the city may record said lien, and the lien shall be enforceable and may be collected in the same manner as a tax lien by the county treasurer and any funds recovered thereby shall be remitted to the city, provided, however, that prior to the city's removal of the abandoned facility the city shall have first given notice to the provider and the landowner, by regular and certified mail, of its intent to remove the facility, not less than 30 days prior to the city's removal of any abandoned facility.

Telecommunication facilities shall be allowed as detailed in table V-5, entitled Use Schedule for Telecommunication Facilities. An "R" indicates that the facility is allowed with an administrative approval by the director. A "P" indicates that the facility is allowed as a use-by-permit. If the cell is blank, the facility is prohibited. Vacant properties shall default to the future land use shown in the comprehensive plan and mixed use properties shall default to the predominant land use (multi-family or commercial).

Table V-5. Use Schedule for Telecommunication Facilities

*Excludes 6409(a) facilities

(Ord. No. 2186, December 2018)

All new nonconcealed monopoles shall comply with the following standards:

(1)

Setback. Monopoles shall be located in the side or rear yards of developed properties, and shall meet the required principal structure setbacks of the underlying zone district. The monopole shall not reduce the required parking, landscaping, and/or open space requirements for the principal use.

(2)

Height Limitations. Monopoles in industrial zoned districts shall not exceed 70 feet in height. Those in commercial zone districts shall not exceed 50 feet in height. The height of monopoles in all other zone districts shall be governed by the building height standards set forth in this code for the applicable zone district.

(3)

Distance Requirements.

(a)

No portion of a monopole, including accessory equipment, shall be located within 100 feet of a property zoned and/or developed for single-family residential purposes. In the event that the height of a monopole exceeds 100 feet through a variance granted in compliance with this land development code, the monopole and all accessory equipment shall be set back from the aforementioned residential lands by a distance equal to the height of the monopole.

(b)

To the maximum extent feasible, monopoles shall be located at least 2,000 feet from any existing freestanding telecommunications facility. It shall be the applicant's burden to establish a lack of feasibility.

(c)

To the maximum extent feasible, monopoles shall not be located within 2,000 feet of the existing public service transmission line, which begins at Colorado State Highway 85, travels east, south of East 104th Avenue, moves north by northeast east of Picadilly Road, and concludes at Hayesmount Road. It shall be the applicant's burden to establish a lack of feasibility.

(4)

General Screening. Existing land forms, vegetation, and structures shall be used to aid in screening the monopole from view or blending in with the surrounding built and natural environment.

(5)

Screening Wall.

(a)

When a monopole is located on an industrial zoned property and is visible from any public right-of-way, public or private open space, or nonindustrial zoned property, the base of the monopole and associated accessory equipment shall be enclosed with a screening wall or fence compatible with the character of the property on which it is located and the surrounding area.

(b)

When a monopole is located on a property that is not zoned industrial, the base of the monopole and any associated accessory equipment shall be enclosed with a screening wall or fence compatible with the character of the property on which it is located and the surrounding area.

(c)

If a screening wall or fence is required, landscaping shall be installed on the outside of the fence to soften the appearance of the cell site. The landscaping shall consist of a minimum of one tree and three shrubs for every ten linear feet of publicly-visible enclosure perimeter, with a minimum of two trees per side. The first two trees per side shall be evergreen; the remaining landscaping should be an approximate 50 percent mix of evergreen and deciduous species to promote year-round visual interest.

(6)

Co-Location. To the maximum extent feasible, monopoles shall be designed for a minimum of two users. It shall be the applicant's burden to establish a lack of feasibility.

(7)

Design. Monopoles and any associated antennas shall be of a color which generally matches the building, surroundings or background and minimizes their visibility, unless a different color is required by the FCC or FAA. Muted colors, earth tones and subdued colors shall be used wherever possible.

(8)

Antenna Type. In some circumstances, the city may require canister-type antenna instead of the traditional array antenna, if the city determines that the proposed location would be negatively impacted by the array antenna.

(9)

Accessory Equipment. Telecommunication accessory equipment, such as buildings, shelters, cabinets, and other components, shall be grouped as closely together as technically possible. The total footprint coverage area shall not exceed 400 square feet per provider, and shall not reduce the requirements for parking and/or landscaping area for other principal uses on the parcel. No structure shall exceed 15 feet in height, and shall be compatible with the design, materials, and colors of structures on the same and/or adjacent parcels.

All non-6409(a) telecommunication facilities that are mounted on an existing building or structure shall comply with the following standards:

(1)

Screening. The telecommunication facility shall be adequately screened in accordance with the rooftop mechanical and utility equipment screening standards found in this land development code.

(2)

Design. A wall-mounted telecommunication facility shall be flush-mounted and shall match the building or structure in design, color, and materials.

(3)

Accessory Equipment. Accessory equipment for a wall-mounted telecommunication facility that is located on the roof shall be adequately screened in accordance with the rooftop mechanical and utility equipment screening standards found in this land development code. If the accessory equipment is located on the ground, the accessory equipment shall adhere to the following requirements:

(a)

The accessory equipment shall be located as close to the building or structure as possible.

(b)

The accessory equipment footprint shall not exceed 400 square feet, and shall not be more than 15 feet in height.

(c)

The accessory equipment shall be enclosed in a screening or concealing wall or fence to match the building or structure in color, design, and materials, and shall not reduce the landscaping or parking requirement for the use of the subject property.

(d)

All accessory equipment structures shall be landscaped from public view and all rights-of-way along the outside of the required screening enclosure. Such landscaping shall consist of a minimum of one tree and three shrubs for every ten linear feet of publicly-visible enclosure perimeter, with a minimum of two trees per side. The first two trees per side shall be evergreen; the remaining landscaping should be an approximate 50 percent mix of evergreen and deciduous species to promote year-round visual interest.

Concealed telecommunications facilities that meet the following standards may be placed as such in accordance with table V-5 and shall not be required to comply with the standards contained in sections 21-5603 and 21-5604.

(1)

Dimensions. The dimensions of a concealed facility must reasonably approximate the dimensions of the object as which it is being disguised.

(2)

Design and Location. The design and location of a concealed facility must be compatible with the property on which it is located as well as the surrounding area.

(3)

Height and Setback. A concealed telecommunication facility shall comply with the bulk standards of the object as which it is being disguised and shall not reduce the required parking, landscaping, and/or open space requirements for the principal use.

(4)

Distance from Residential. Concealed monopoles shall not be located within 100 feet of a property zoned and/or developed for single-family residential purposes.

(5)

Co-Location. To the maximum extent feasible, concealed facilities shall be designed to accommodate a minimum of two users to reduce the overall number of sites required in the city.

(6)

Accessory Equipment. All accessory equipment shall be designed so as to not defeat the purpose of the concealment of the telecommunication facility itself through the use of screening, landscaping, or other technique.

All new telecommunications facilities, including small cell, micro cell, and distributed antenna systems (DAS), installed on existing utility poles, light poles, signs, electric distribution facilities, and similar types of structures, excluding monopoles, whether on private property or in the public right-of-way, shall comply with the following standards:

(1)

Location and Distance Requirements. In single-family residential zone districts, equipment shall only be located on existing poles within the right-of-way or within a utility easement. Such equipment must be located a minimum of 25 feet from any single-family residential home.

(2)

Mounting. Equipment shall be mounted as flush to the pole as is technically feasible.

(3)

Color. Equipment mounted on a pole shall be painted to match the color of the pole on which it is located.

(4)

Ground Equipment. Any equipment located on the ground shall be screened from public view in accordance with the screening standards found in this land development code.

(5)

Pole Replacement. Poles may be replaced in order to structurally accommodate the addition of a telecommunications facility. The new pole shall meet any applicable previous approvals, conditions, and current requirements for those structures. Unless otherwise agreed to by the Director or their designee upon clear and convincing evidence, poles must have a primary functional component such as a light, and shall not be installed for the sole purpose of placing telecommunications equipment.

(a)

If the facility is proposed in an area with an existing or adopted theme, streetscape design, or lighting plan, the replacement pole shall adhere to the design theme for the area in which it is proposed to be placed.

(b)

New wood poles shall be prohibited.

(c)

Replacement poles shall comply with section 21-7720 (Utilities to be Placed Underground).

(6)

Authorization to Attach. Where the Telecommunication Facility owner is not the owner of the supporting existing pole structure, the Telecommunication Facility Owner must provide authorization from the existing pole owner to attach the proposed equipment.

(7)

Right-of-Way Usage and Licensing Agreement. If located in the public right-of-way, the proposed Telecommunication Facility operator shall sign a licensing agreement with the City for use of the right-of-way prior to approval of any necessary permits.

(Ord. No. 2068, January 2016; Ord. No. 2186, December 2018)

All Telecommunication Facilities, including small cell, micro cell, and distributed antenna systems (DAS), installed on new pole structures and other similar types of structures deployed for the purpose of supporting a Telecommunication Facility in the public right-of-way shall comply with all applicable standards of section 21-5606 in addition to the following standards:

(1)

Location and Distance. All new pole structures deployed in the public right-of-way for the purpose of supporting a Telecommunication Facility shall be separated from any existing or proposed pole structure supporting a Telecommunication Facility by no less than 300 feet. If located in an Activity Center as identified in the Comprehensive Plan or an urban renewal area, Telecommunication Facilities may be located closer than 300 feet, as determined by the director.

(2)

Color and Design. The new pole structure shall be compatible with the colors and aesthetic design of the other towers or poles in the right-of-way in the immediate vicinity. For example, new pole structures near traffic signals at an intersection should match the color and decorative base cover design of the traffic signals. Similarly, if new pole structures are lights in the public right-of-way, the color and design of the new pole structures should be the same, or substantially the same, as that of the existing light poles in the area.

(a)

If the facility is proposed in an area with an existing or adopted theme, streetscape design, or lighting plan, the replacement pole shall adhere to the design theme for the area in which it is proposed to be placed.

(b)

New wood poles shall be prohibited.

(c)

Utilities serving the pole shall comply with section 21-7720 (Utilities to be Placed Underground).

(3)

Height. The height of the new pole structure shall not be more than ten (10) feet higher (as measured at the base of the pole from the ground to the top of the pole) than any existing utility or traffic signal pole structure within 500 feet of the new pole structure. Additionally, no such new pole structure shall exceed the building height standards set forth in this code for the applicable zone district. Where a height exception is sought in accordance with section 21-3220, it shall conform with all such height exception requirements and be no greater than ten (10) feet higher than the applicable zone district including those being attached to an existing pole structure.

(4)

Other Approvals. The siting and construction of the new pole structure shall comply with all other applicable City requirements, including but not limited to, compliance with city standards for distances and the granting of a right-of-way permit.

(5)

Right-of-Way Usage and Licensing Agreement. Prior to approval of any necessary permits, the proposed Telecommunication Facility operator shall sign a licensing agreement with the City for use of the right-of-way.

(Ord. No. 2186, December 2018)

The principal uses allowed in each of the city's zoning districts are established in the Land Use Table (table V-1). An "R" indicates that the use is allowed as a use-by-right in the district. A "P" means that the use will only be allowed if a use-by-permit is obtained. A "C" means that the use will only be permitted if a conditional use permit is obtained. If the cell is blank, the use is prohibited in that district. Some uses are subject to standards, limitations and conditions which are in addition to the general development standards of this article. Where the right column in table V-1 includes a section number, the provisions in the referenced section apply to the use in addition to the other applicable sections of this land development code. However, the information contained in the right hand column of the table is included only to aid users and is not intended to be an exhaustive or complete list of all applicable regulations. NAICS code numbers are included on this table to assist the city in classifying proposed uses. They are for reference only and shall not be binding in any classification decision.

Table V-1. Land Use Table

*In accordance with section 21-5254.

**In accordance with section 21-5268.

(Ord. No. 1785, June 2010; Ord. No. 1854, April 2011; Ord. No. 1887, July 2012; Ord. No. 1897, July 2012; Ord. No. 1891, August 2012; Ord. No. 1956, June 2013; Ord. No. 2020, February 2015; Ord. No. 2048, June 2015; Ord. No. 2068, January 2016; Ord. No. 2078, April 2016; Ord. No. 2189, December 2018; Ord. No. 2190, December 2018; Ord. No. 2191, December 2018; Ord. No. 2194, December 2018; Ord. No. 2203, July 2019; Ord. No. 2266, § 7(Exh. E), 2-15-2021; Ord. No. 2420, § 2(a)(Exh. B), 9-19-2022; Ord. No. 2452, § 2(c)(Exh. E), 12-5-2022; Ord. No. 2540, § 2(Exh. A), 9-18-2023; Ord. No. 2656, § 2(Exh. A), 2-3-2025)

(1)

General Prohibition. Any specific use not listed in the use table above shall be prohibited unless the city determines, consistent with the provisions of paragraph (2) of this section that the use falls into one of the listed use classifications.

(2)

Review and Interpretation. In the event that a proposed use is not specifically listed in the use table, an applicant may seek a written interpretation from the director that the use falls into one of the listed classifications allowed in the applicable zoning district. The director shall base this determination on the following considerations:

(a)

Whether the proposed use is similar in terms of hours of operation, traffic impacts, environmental impacts, and the potential for adverse impacts on surrounding properties;

(b)

Whether the proposed use is typically housed in buildings or structures similar and compatible to those used to house allowed uses in the zoning district; and

(c)

Whether the proposed use is consistent with the purpose and intent of the particular zoning district.

(3)

Appeal. A determination by the director that the proposed use does not fall into a permitted use classification may be appealed pursuant to the procedures outlined in article III of this land development code. Unless the director's decision is overturned on appeal, the proposed use shall be prohibited until this article is amended to indicate that such use is an allowed or special use permit in one or more zoning districts.

Unless expressly authorized by the city or the terms of this land development code, no property shall be used for more than one category of use (i.e., industrial, residential, commercial, or public/institutional).

(1)

All tanks shall meet the applicable building and fire code requirements.

(2)

No tank used for the storage of liquids shall exceed 12,000-gallons capacity unless the city has issued a conditional use permit specifically allowing the use of such tank.

(3)

No more than 48,000 gallons of capacity shall be permitted on any single property parcel without a conditional use permit. No conditional use permit allowing a property to store more than 48,000 gallons shall be granted unless the property is at least 3 acres in size and is zoned I-3.

(4)

No more than 10,000 cubic feet of capacity for the storage of flammable gases shall be permitted on any single property without a conditional use permit.

(5)

Tanks for the storage of liquid materials shall be located in side or rear yards.

(6)

The refueling of motorized vehicles from above ground storage tanks is permitted only to the extent such activity is authorized by the fire and building codes adopted by the city.

(Ord. No. 1854, April 2011)

(1)

Special Location Restrictions.

(a)

Proximity to Residential. Unless a conditional use permit is obtained, no business whose operations require both a liquor license and a Class 1 entertainment establishment license shall be operated or maintained within 2,000 feet of any residential zone district or any legally authorized residence, whether located in or outside of the city. For purposes of this section, distance shall be measured from the nearest point of the licensed establishment to the nearest point of the residential zone district or legally authorized residence.

(b)

Pre-Existing Use. Any of the aforementioned establishments licensed to sell alcoholic beverages and in operation on February 2, 2004 shall be exempt from the provisions of this section. Such pre-existing uses shall be considered legal nonconforming uses and shall be governed by section 21-5520 (Nonconforming Use).

(2)

Micro-winery. A micro-winery shall conduct at least two of the following four activities on-site: crushing, fermentation, bulk aging/storing, or bottling.

(3)

Brewpub. Not more than 30 percent of the gross floor area of a brewpub shall be used for the production of beer.

(4)

Tasting Room.

(a)

Food Sales. The sale of food in any tasting room is prohibited. The incidental provision of food, without compensation, is allowed.

(b)

Room Orientation. A tasting room shall be oriented toward the public façade. The public façade of the building shall be established by the building's address. Within a shopping center, a tasting room shall be oriented toward the common space that provides public access to the building.

(Ord. No. 1916, September 2012; Ord. No. 2020, February 2015; Ord. No. 2127, July 2017)

(1)

Purpose and Intent. The purpose of this section is to establish guidelines for the siting of amateur radio communications towers, antennas, and associated equipment to accommodate amateur radio operations in a way that minimizes the visual impact of such facilities through design and siting.

(2)

Application. Any person wishing to locate an amateur radio facility or any related apparatus within the city, shall submit an application containing:

(a)

A to-scale site plan that shows the zoning of subject property and immediately adjacent properties within 300 feet of the proposed site, all the structures on the property, the location of the amateur radio facility or related facility with setbacks shown, and the elevation of the amateur radio facility or related facility with maximum height illustrated;

(b)

If required by the director, a landscape plan detailing the amount and type of screening used to buffer the facilities from public view;

(c)

A report including a description of the tower, with technical reasons for its design, availability of suitable existing structures for antenna mounting, and a statement of the required height;

(d)

If required by the director, a photo simulation depicting a location from which the facility may be viewed;

(e)

Evidence of ability to obtain a bond, letter of credit, or other financial security as required by the director to ensure removal of the facility;

(f)

A written narrative describing the purpose and need of the amateur radio facility; and

(g)

Any additional information as required by the director.

(3)

Operating Standards.

(a)

Roof mounted facilities shall not increase the height of the structure by more than 20 feet.

(b)

Antennas shall be setback at a ratio of 1:1 from all property lines.

(c)

Neither guy wires nor their foundation shall be located within 5 feet of any property line.

(d)

Only one facility shall be permitted on any legally subdivided parcel or lot.

(e)

An amateur radio facility and any accessory equipment shall, to the maximum extent feasible, use materials, colors, textures, screening, and landscaping that will blend the amateur radio facility to the surrounding natural setting and built environment.

(f)

When installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color so as to make the antenna and related equipment as visually unobtrusive as possible.

(g)

No antenna or support structure may be located so as to extend, move or swing beyond the plane of the property boundary at any time.

(i)

Crank-up antennas are encouraged to provide enhanced radio capability with minimized neighborhood impact. The crank-up tower shall be kept in its lowest extension whenever it is not being used.

(ii)

Antenna or support structures attached to roofs, chimneys, and other structures shall be screened to the greatest extent possible as determined by the city.

(iii)

No commercial uses shall be allowed to co-locate on any amateur radio facility or related facility. However, amateur radio facilities shall be allowed to co-locate on properly permitted commercial telecommunications facilities.

(iv)

Facilities shall be located in the rear yard of property in which it is located or on the rear ⅓ of the principal structure.

(v)

Amateur radio facilities shall not be used for commercial purposes.

(1)

General Standards. All automobile and truck wash facilities including automotive detail facilities shall comply with the following standards:

(a)

No wash facility shall be located within 200 feet of the intersection of two arterial streets.

(b)

The wash facility, including all appurtenant structures, shall be set back a minimum of 20 feet from any adjacent street. The entire 20-foot setback must be landscaped to provide a buffer from adjacent streets.

(c)

No wash facility shall be located on a corner lot.

(d)

Drying, vacuuming, and detailing areas may not be placed closer than 25 feet from a residential property line.

(e)

If the proposed use is adjacent to a residential use, a 20-foot landscape buffer will be required.

(2)

Open Bay Wash Facilities. In addition to the standards contained in paragraph (1) of this section, all open bay wash facilities shall comply with the following:

(a)

Wash bays shall be sited parallel to the adjacent street as shown in figure V-1.

(b)

No new wash facility may be located within one-half mile of any other existing wash facility having two or more car wash bays.

(3)

Enclosed Wash Facility. In addition to the standards contained in paragraph (1) of this section, all enclosed wash facilities shall comply with the following:

(a)

All wash bays shall have bay doors. No bay door shall face the adjacent street.

(b)

The facility shall be self-contained and no services, including without limitation drying, polishing, or vacuuming, shall be performed outdoors.

(1)

Location.

(a)

No bail bond business shall be located within 100 feet of the property line of any lot, tract, or parcel of land within the city which is zoned for residential use, or zoned AG and used for residential purposes.

(b)

No bail bonds business shall be located within 600 feet of the property line of any school or public park.

(2)

Measuring Distance. For the purpose of this section, the distance shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of the zone district, school, or park.

The following provisions apply to borrow pits:

(1)

The applicant shall be responsible for securing all other permits or approvals required by any other governmental agency that may have jurisdiction over the proposed use.

(2)

It shall be unlawful for any person, firm, or corporation to process, crush, blast, or similarly treat earth materials on any approved borrow pit site.

(3)

In addition to the standards specified in this section and this code, the proposed use shall be evaluated using the applicable standards that the state or federal government use to evaluate a permit request for the specific use. Additionally, all annual or other reports required by another governmental agency may be required to be simultaneously submitted to the city.

(4)

Exempted Activities. The following borrowing and hauling of earth material may be done without obtaining a conditional use permit from the city:

(a)

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

(i)

Less than 50 cubic yards of earth material, or

(ii)

The removal of less than 10,000 square feet of vegetation.

(b)

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

(c)

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.

(d)

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.

(e)

Grading or excavation in accordance with plans incorporated in an approved conditional use permit.

(f)

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

The following standards shall apply to all bulk grain transfer facilities:

(1)

Operations shall comply with all applicable rules and regulations of State of Colorado and Tri-County Health Department.

(2)

Rodent and pest control programs must be provided and maintained at all times. Upon request, the operator of a bulk grain transfer facility shall submit to the city a written vector control plan.

(3)

No storage of grain is allowed on the property, including in trucks, piles, containers, or within the conveyor system.

(Ord. No. 2190, December 2018)

The following provisions apply to all child care facilities:

(1)

All child care facilities shall be licensed and operated in conformance with all applicable federal and state regulations.

(2)

An off-street vehicular loading area or driveway shall be provided for the purpose of loading and unloading children.

(Ord. No. 2158, December 2018)

(1)

Zoning. Commercial indoor self-storage facilities in accordance with these use and design standards shall be allowed by right in the C-3, I-1, I-2, and I-3 zone districts. Commercial indoor self-storage facilities must meet the following requirements and standards.

(2)

Use Standards. These use standards shall apply to commercial indoor self-storage facilities located in the applicable and allowed zone districts:

(a)

Storage units shall only be used for the storage of goods and/or property.

(b)

Storage units shall not be used for activities of any kind, including but not limited to:

(i)

Residences, offices, workshops, studios, hobby, meetings, gathering spaces, or rehearsal areas;

(ii)

Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances, or other electrical equipment, or any other industrial activity;

(iii)