In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general welfare.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

The regulations established by this Chapter within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Chapter, the following interpretations shall apply:

(1)

No buildings, structure or land shall be used or occupied, and no building, structure or part thereof shall be erected, changed, constructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located and in conformity with any design standards or development regulations that may from time to time be adopted by resolution of the Board of Trustees.

(2)

No building or other structure shall be erected or altered:

a.

To exceed the height limitations;

b.

To accommodate or house a greater number of families;

c.

To occupy a greater percentage of the area; or to have narrower or smaller rear yards, front yards, side yards or other open spaces;

(3)

No part of a yard, other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building unless specific exception therefor is stated in this Chapter.

(4)

No yard or lot existing at the time of passage of the ordinance codified herein shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified herein shall meet at least the minimum requirements established by this Chapter.

(5)

Any use not specifically permitted as a use by right or as an approved special use in a zone is prohibited from that zone.

(Ord. 1-96, 1996, § 1; Ord. 2012-04, 2012, § 1; Ord. 2017-11, 2017, § 1)

Where this Chapter is in any way more restrictive than other provisions of law or ordinance, the provisions of this Chapter shall control.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

In case of a conflict between this Chapter and any private restrictions imposed by covenant or deed, the responsibility of the Administrator shall be limited to the enforcement of this Chapter.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

Only one (1) principal building and its customary accessory buildings may hereafter be erected on a lot. No building shall be erected on any lot which does not have at least twenty-five (25) feet of frontage on a publicly dedicated street. The principal building on a lot shall be required to front on a publicly dedicated street.

(Ord. 1-96, 1996, § 1; Ord. 1-98, 1998, § 1; Ord. 2017-11, 2017, § 1)

Except as specifically stated in other parts of this Chapter, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights and chimneys may be erected above the height limits herein. No such excepted structures may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such excepted structures have a total area greater than twenty-five percent (25%) of the roof area of the building; nor shall such excepted structures be used for any residential purpose other than a use incidental to the main use of the building.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

The words and phrases used in this Chapter and Chapter 17 shall have the meanings defined below unless otherwise specifically provided or unless clearly required by the context. Questions of definition or working usage shall be interpreted by the Administrator based on the context of their usage and the intention of the Section of this Chapter in which they occur.

(1)

Abutting land means a parcel of land which has a common property line with another parcel of land.

(2)

Accessory building means a detached subordinate building, the use of which is incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

(3)

Accessory use means a use incidental to or subordinate to the principal use of a lot or contiguous lots in the same ownership, or commonly associated with the principal use and integrally related to it.

(4)

Administrator means the Town Manager or other duly authorized Town representative empowered to enforce the requirements of this Chapter.

(5)

Adult amusement, entertainment or business establishment means an establishment from which minors are absolutely excluded. Such establishments shall include adult bookstores, adult X-rated motion picture theaters, adult cabarets, topless bars or restaurants, massage parlors and any other uses of the same general character from which minors are absolutely excluded as a prevailing practice or legal requirement.

(6)

Alley means the public right-of-way within a block upon which the rear of building lots generally abuts. Its use is for secondary access to the lot and/or service purposes. An alley shall not be considered to be a street.

(7)

Apartment house means a building containing dwelling units used and/or arranged for rental occupancy, or cooperatively owned by its occupants, with a yard and compound, and which has one (1) or more utilities in common.

(8)

Appeal means a request for review by the Board of Adjustment for a variance to this Chapter.

(9)

Applicant means any individual, partnership, corporation, association, company or public body, including the federal government, or any political subdivision, agency, corporation or instrumentality of the State applying for a development permit pursuant to this Chapter.

(10)

Architectural projection means any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building including, within limitation, cornices, eave belt courses, sills, box or bay windows, fireplaces, roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters and fascias, but not including signs.

(11)

Arterial means those roads designated by plan and adopted by the Planning Commission as high volume, limited access, relatively continuous, multi-modal roadways, generally spaced in one-mile intervals.

(12)

Awning means a fixed or movable shelter supported entirely from the exterior wall of a building that can be retracted, folded or collapsed against the face of the supporting building.

(13)

Basement means any level of a building where more than one-half (½) of the vertical distance between the floor and the ceiling is below the grade of the site.

(14)

Basement house means a dwelling or structure constructed partly or wholly below the grade level of any property.

(15)

Bed and breakfast means a residential building in which rooms are rented on a daily basis to short-term guests. The building typically is similar in character to the surrounding neighborhood and meets all the requirements of the zoning district in which the facility is to be located.

(16)

Block means a group of lots existing within well-defined and fixed boundaries within a subdivision and usually being an area surrounded by street or other features such as parks, rights-of-way or municipal boundary lines.

(17)

Board of Adjustment means a special review board operating under the authority of this Chapter for purposes of hearing and deciding appeals or variances to this Chapter.

(18)

Boarding and rooming house means a building or portion thereof which is used to provide lodging and may include meals for five (5) or more boarders for compensation, not including members of the occupant's immediate family who might be occupying such building. The word compensation can mean money, services or other things of value.

(19)

Buffer zone means a strip of land established to separate and protect one (1) type of land use from another, to screen from objectionable noise, odor, smoke or visual impact, or to provide for future public improvements or additional open space.

(20)

Building means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, and where separated by a fire wall, each such separated portion of such structure shall be deemed a separate building.

(21)

Building height means the vertical distance from the average building grade to the uppermost point of the roof structure.

(22)

Carport means a shelter for a vehicle consisting of a roof supported on posts, attached to the roof plane of the primary structure.

(23)

Child care center. A child care center provides less than twenty-four-hour care, including a large child care center, small child care center, school-age child care center, infant nursery and toddler nursery as defined by the State Department of Social Services.

(24)

Child care home. A child care home is a type of family care home in which children are received for less than twenty-four-hour care. This is a facility receiving two (2) or more children not related to each other or children from more than one (1) family. Children received for care are not related to the caretaker and the care provided by the caretaker is for more than two (2) full consecutive days on a regular weekly basis. A full day is seven (7) or more hours. The number of children in a child care home shall not exceed program requirements established by the State Department of Social Services.

(25)

Collector streets are those roads designated by plan or plat and adopted by Planning Commission and intended as transitional roadways within the transportation network to connect residential and commercial neighborhoods to each other or to arterial roads, and intended as semi-continuous roadways for medium volume multi-modal traffic, allowing for parking and relatively closely-spaced access.

(26)

Communication facility. A communication facility consists primarily of communication towers and/or antennas (including antennas mounted on existing structures) and appurtenant facilities housing electrical equipment for cellular telephone, television, radio and other broadcasting facilities. It does not include places of business where people work on a regular basis (e.g., radio or TV studios).

(27)

Corner lot means a lot situated at the junction of a front street and a side street.

(28)

Court means an unoccupied space on a lot other than a yard designated to be partially surrounded by group dwellings.

(29)

Curb cut means a cut in the curb line for passage of vehicles, not to exceed twelve (12) feet in width for single drive and twenty (20) feet for double drive.

(30)

Driveway means private access for a vehicle to a single building site or lot not to exceed twelve (12) feet in width for a single drive and twenty (20) feet in width for a double drive.

(31)

Dwelling, multifamily means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other, which may include condominiums, apartments, or townhouse units.

(32)

Dwelling, single-family means a dwelling designed for the occupancy of one (1) family, including attached residences.

(33)

Dwelling, two-family, also called duplex, means a detached building designed exclusively for the occupancy of two (2) families living independently of each other.

(34)

Dwelling unit means one (1) room or a combination of two (2) or more rooms designed for living and sleeping purposes for one (1) person or family, and having a kitchen or kitchenette and a bathroom with a toilet, lavatory and bathtub or shower, all connected to potable water and a sanitary sewer system. This term does not include motel, trailer (mobile home) or hotel lodging.

(35)

Family means one (1) or more persons occupying a dwelling unit and related by marriage, blood or adoption, or one (1) or more persons occupying a dwelling unit and living together as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, motel or hotel.

(36)

Front yard means that portion of a lot which abuts a street and extends across the width of the lot between the street and the setback line.

(37)

Frontage, street means a street on which the lots of a block, or subdivision thereof, generally front.

(38)

Gable means that portion of roof which forms a triangle at the building end and extends from the ridge to the eaves.

(39)

Home occupation means any use conducted entirely within a dwelling unit and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part, which creates no additional traffic, requires no additional parking space, where no persons are employed other than residents in connection with the home occupation. Provided further that no mechanical equipment is installed or used except such that is used for domestic purposes; and that there is no outdoor storage of materials, equipment and/or supplies other than that necessary for domestic purposes. For the purposes of this Chapter, the following occupations are not considered home occupations:

a.

Child care homes and child care centers;

b.

Veterinary office or clinic, animal hospital or kennel;

c.

Funeral chapel, mortuary or funeral home;

d.

Wedding chapel;

e.

Repair or painting of motor vehicles or motor vehicle parts, including but not limited to automobiles, trucks, motorcycles and trailers or any part thereof, or of boats or any part thereof;

f.

Repair of large appliances, including but not limited to stoves, refrigerators, washers and dryers;

g.

Repair of power equipment, including lawn mowers, snow blowers, chain saws and string trimmers;

h.

Restaurants;

i.

Welding or metal fabrication;

j.

Dispatching of vehicles to and from the premises, including but not limited to towing services and taxi services;

k.

The sale of firearms;

l.

Any operation requiring any liquor or fermented malt beverage license other than a bed and breakfast permit issued pursuant to the state liquor code;

m.

Any hotel or motel operation; or

n.

Adult amusement, entertainment or business establishment.

(40)

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals for compensation, in which there are more than ten (10) sleeping rooms, usually occupied singly, and in which no provision is made for cooking in any individual apartment or room.

(41)

Landscape plan means a plan or map, created by a landscape architect or engineer duly licensed by the State of Colorado, showing landscaping, irrigation, and erosion control measures associated with a development in conformance with the Town of Keenesburg Design Standards.

(42)

Livestock means all domestic livestock listed in Section 16-2-160(2). This definition shall not include animals customarily kept for pets or which weigh less than five (5) pounds and are kept in cages.

(43)

Local streets means those roads designated by plan or plat and adopted by Planning Commission and intended primarily for pedestrian, bicycle, parking and low volume vehicle or light truck traffic within residential and commercial neighborhoods.

(44)

Lot means land occupied or to be occupied by a building and its accessory building, together with such open spaces as are required under this Chapter and having its principal frontage on a street or officially approved place.

(45)

Lot area means the total square footage or acreage contained within lot lines.

(46)

Lot depth means the mean distance from the street right-of-way line at the front of the lot to its opposite rear line measured in the general direction of the side lines of the lot. Where a right-of-way is not established, it shall be assumed to be sixty (60) feet. Where a major thoroughfare or collector street is designated on the major thoroughfare plan, then the lot depth shall be measured from the proposed right-of-way line.

(47)

Lot line means a property line bounding a lot, excluding any dedicated street or alley.

(48)

Lot of record means a lot which is part of a subdivision, a plat of which has been legally recorded or a lot described by metes and bounds, the description of which has been so recorded.

(49)

Lot width is the width measured along the front property line.

(50)

Manufactured housing means housing which meets criteria established in Section 31-23-301(5), C.R.S.

(51)

Mobile home means a dwelling unit which is capable of being moved on wheels which are an inherent part of the structure's design. This is opposed to manufactured housing which is designed to be firmly affixed to a foundation.

(52)

Motel means a group of dwellings of not less than two hundred (200) square feet floor space per unit, facing a common court, place or street, and designed for or used temporarily for automobile tourists or transients with adequate off-street parking space for each unit.

(53)

Nonconforming lot means a "lot" which was lawfully created but which does not conform to the minimum lot size specifications of the zone in which it is located.

(54)

Nonconforming structure means a building, structure or portion thereof which lawfully existed at the time of the adoption of the ordinance codified herein but which does not conform to the height, yard or area regulations of the zone in which it is located, or which is so designed, erected or altered that it could not reasonably be occupied by a use permitted in the zone in which it is located.

(55)

Nonconforming use means a use which lawfully occupied a building or lot at the time of the adoption of the ordinance codified herein, and which does not conform with the use regulations of the zone in which the building and/or lot is located.

(56)

Open space means any usable parcel of land or water unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring such area. Common open space includes landscape areas that are not occupied by buildings or uses such as storage or service areas, private courtyards and parking lots and islands. In all PUDs, except those containing residential uses, common open space may include landscape setbacks adjacent to roadways where the setbacks are not utilized as parking or storage areas.

(57)

Planning Commission, for purposes of this Chapter, means the Planning and Zoning Commission of the Town.

(58)

Porch means a roofed or unroofed open structure projecting from the front, side or rear wall of a building. For purposes of this Chapter, a porch is considered a part of the principal building and is not permitted to extend into any yard requirements.

(59)

Rear yard means that portion of a lot between two (2) side lot lines that does not abut a street and that extends across the width of the lot between the rear setback line and the rear lot line.

(60)

Setback means the minimum horizontal distance between the property line and the front line of the building or any projection thereof, excluding steps and window wells.

(61)

Setback line means a line in the back of and parallel to the street right-of-way line and at such horizontal distance from the street right-of-way line as required by the minimum front yard depth in the district in which it is to be located.

(62)

Shed means an accessory building for use as a storage space, a shelter for animals, or a workshop.

(63)

Side yard means that portion of a lot that extends from the front setback line to the rear setback line between the side setback line and the side lot line, or that portion of a lot that is between a lot line and a setback line, but is not a front or rear yard.

(64)

Sign means any form of publicity directing attention to an individual activity, business, service, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names, or other pictorial matter, designed to convey such information and displayed by means of panels, posters, paints or other devices erected on an open framework or attached or otherwise applied to posts, stakes, poles, trees, buildings or other structures or supports.

a.

Advertising sign means a sign which directs attention to a business commodity, activity, service or product not necessarily conducted, sold or offered upon the premises where each is located.

b.

Business sign means a sign which directs attention to a business, profession, commodity, service or entertainment sold or offered upon the premises where such a sign is located or to which it is attached.

c.

Identification sign means a sign identifying the name of a structure or use of land such as a subdivision, housing development, school, college, park, church or other public or quasi-public facility. Such signs shall bear information pertaining only to the premises on which such a sign is located.

(64.5)

Solar energy facility means a commercial facility whose primary purpose is to supply electricity and consists of one (1) or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and facilities. This definition shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principal onsite use.

(65)

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

(66)

Street means a public thoroughfare forty (40) feet or more in width and not less than twenty-four (24) feet between curbs.

(67)

Structure means anything constructed or made, the use of which requires permanent location on the ground, or attached to something having more or less permanent location on the ground. The word structure shall include the word building.

(68)

Substation means any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity, which includes any incoming or outgoing power lines (and support structures) to accommodate sixty-nine thousand (69,000) volts (69kV) or greater, including temporary storage of equipment, tools, and vehicles used and useful for the construction, maintenance, and operation of facilities owned, operated, and/or under the control of a public utility.

(69)

Temporary means not more than six (6) months.

(70)

Temporary construction office means a manufactured structure or commercial vehicle used for a temporary time period for office use or the storage of construction-related plans, supplies, equipment and related items to be accessed exclusively by construction personnel. Temporary construction offices shall comply with requirements set forth in this Chapter, including required zoning setbacks, and shall be installed in accordance with the requirements set forth in Chapter 16 of this Code and adhere to the zoning permit requirements of the Code. All temporary construction offices shall demonstrate that water and sewage disposal facilities are available.

(71)

Temporary structure means anything constructed in such a manner that it would commonly be expected to have relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short-term.

(72)

Town of Keenesburg Design Standards means those certain design standards adopted by resolution of the Keenesburg Board of Trustees, as may be amended by resolution of the Board of Trustees from time to time.

(73)

Trailer home means a mobile home as defined by this Chapter.

(74)

Utility service facilities and storage operations means public utility mains, lines, gas regulator stations, public lift or pumping stations for domestic water and sanitary sewer service, and accessory structures where no public office, repair or storage facilities are operated or maintained.

(75)

Variance is a relaxation of the terms of this Chapter where such relaxation will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Chapter would result in unnecessary and undue hardship. As used in this Chapter, a variance is authorized only for height, area and size of structure, or size of yards, open spaces and setbacks. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.

(76)

Yard means an open space unoccupied and unobstructed from the ground upward, which is on the same lot with a building except as otherwise provided herein.

(Ord. 1-96, 1996, § 1; Ord. 3-97, 1997, § 1; Ord. 1-98, 1998, § 1; Ord. 1-02, 2002, Ord. 2008-06, §2; Ord. 2012-4, 2012, §§2—5; Ord. 2017-11, 2017, § 1; Ord. 2020-07, 2020, § 1; Ord. 2020-14, 2020, § 1; Ord. 2023-08, 2023, § 1)

Public hearings for applications filed under this Chapter shall be conducted in accordance with procedures designed to ensure all interested parties due process of law and shall, in all cases, meet the requirements of this Section.

(1)

The Planning Commission shall provide to the Board of Trustees a recommendation on the application. A public hearing before the Planning Commission shall be held prior to submitting its recommendation or report. The Board of Trustees shall then hold a public hearing on the application.

(2)

Notice of public hearings regarding site-specific applications shall be provided as follows:

a.

Sent by first-class mail to all real property owners owning property located within three hundred (300) feet of the property in question at least fifteen (15) days prior to the public hearing; however, the failure to send or receive this notice shall not be deemed to deprive the decision-making body of jurisdiction.

b.

Published in a newspaper of general circulation within the Town at least fifteen (15) days prior to the public hearing.

c.

Posted on the subject property at least ten (10) days prior to the public hearing.

(3)

Notice of general amendments to the provisions of this Chapter shall be provided by publication in a newspaper of general circulation within the Town at least fifteen (15) days prior to the public hearing.

(4)

All notices shall include:

a.

A statement of the nature of the matter to be considered;

b.

The time, date and place of the public hearing;

c.

The legal description and approximate location of the property that is the subject of the request, if applicable; and

d.

The agency or office and address where further information may be obtained.

(5)

The Town shall be responsible for meeting the published notice requirement, and the applicant shall be responsible for meeting the mailing and posting requirements. Prior to the public hearings, the applicant shall provide evidence that it has provided notice as required in this Section. Such evidence may be in the form of a mailing list and posting log.

(Ord. 2007-06, 2007, § 1; Ord. 2012-04, 2012, § 6; Ord. 2017-11, 2017, § 1)