In all districts except C-1 and C-2 Districts, on a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the property line of such corner lots and a line joining points along said property line 50 feet from the point of the corner.

(Code 2000, § 16-17-10; Ord. No. 839, § 700.01, 1986)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Code 2000, § 16-17-20; Ord. No. 839, § 700.02, 1986)

The height limitations contained in this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Where such structures do not conflict with airport approach zones, they may be erected to a height not to exceed 150 feet.

(Code 2000, § 16-17-30; Ord. No. 839, § 700.03, 1986)

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(Code 2000, § 16-17-40; Ord. No. 839, § 700.04, 1986)

For purposes of these regulations, the term "major recreational equipment" includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(Code 2000, § 16-17-50; Ord. No. 839, § 700.05, 1986; Ord. No. 1040, 2002)

All off-street parking lots hereinafter established shall be provided with a dust-free surface of a type and consistency acceptable to the city, except that this requirement shall not apply to residential development.

(Code 2000, § 16-17-60; Ord. No. 839, § 700.06, 1986)

(a)

Construction of accessory buildings shall be prohibited before commencement of construction of the main building. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

(b)

Required setbacks. Accessory buildings may be built in a rear yard, but such accessory building shall not be nearer than the main building to any side yard, or ten feet from any rear lot line.

(Code 2000, § 16-17-70; Ord. No. 839, § 700.07, 1986; Ord. No. 1022, § 1, 2000)

The setback line shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building (porches and stoops included).

(Code 2000, § 16-17-80; Ord. No. 839, § 700.08, 1986)

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building official for a distance of not more than 3½ feet and where the same are so placed as not to obstruct light and ventilation.

(Code 2000, § 16-17-90; Ord. No. 839, § 700.09, 1986)

For the purpose of the side yard regulations, a two-family dwelling or a multifamily dwelling shall be considered as one building occupying one lot.

(Code 2000, § 16-17-100; Ord. No. 839, § 700.10, 1986)

Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion of the construction work.

(Code 2000, § 16-17-110; Ord. No. 839, § 700.11, 1986)

Where a lot or tract is used for a nonresidential purpose, more than one principal use may be located upon the lot or tract, but only when the building conforms to all yard and open space requirements for the district in which the lot or tract is located.

(Code 2000, § 16-17-120; Ord. No. 839, § 700.12, 1986)

No side yards are required where dwelling units are erected above commercial and industrial structures.

(Code 2000, § 16-17-130; Ord. No. 839, § 700.13, 1986)

Whenever the number of employees is restricted in connection with any use in the neighborhood shopping or commercial districts, such maximum number applies only to employees principally engaged in processing, selling or treating materials or products on the premises and not to employees engaged in delivery or similar activities.

(Code 2000, § 16-17-140; Ord. No. 839, § 700.14, 1986)

Radio and television towers shall be permitted in any commercial or industrial district, provided that the height of the radio or television tower does not conflict with any airport approach or landing zone, or with any other provision of this chapter.

(Code 2000, § 16-17-150; Ord. No. 839, § 700.15, 1986; Ord. No. 1022, § 1, 2000)

(a)

No fence, wall, hedge, or shrubbery intended as a fence or partition between properties shall exceed four feet in height from the front building line toward an avenue, except that on corner lots, the four-foot limitation shall extend to the back building line. For the purposes of measuring the height of front yard fences, the measurement shall be the vertical height from the top of the curb on the avenue abutting the property. All other fences may not exceed six feet in height.

(b)

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(c)

No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or any fence which shall adversely affect the public health, safety and welfare.

(d)

No fence, except fences erected upon public or parochial school grounds, in public parks, and in public playgrounds, shall be constructed of a height greater than six feet; provided, however, that the board of adjustment and appeals may, by special permit, authorize the construction of a fence higher than six feet, if the board finds that the public welfare is preserved.

(e)

All fences shall conform to the construction standards of the building code and other applicable provisions of this Code.

(f)

All gates or other openings to fences or enclosures shall be so constructed that they shall open onto the premises of which they form a part of the enclosure, and not open or swing out or onto the streets or alleys within the city.

(Code 2000, § 16-17-160; Ord. No. 839, § 700.16, 1986; Ord. No. 845, § 1, 1986; Ord. No. 1022, § 1, 2000)

A lot or group of lots which were platted and recorded in the office of the county clerk, and recorded prior to the effective date of the ordinance from which this chapter is derived, may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements, unless specifically authorized by the board of adjustment and appeals.

(Code 2000, § 16-17-170; Ord. No. 839, § 700.17, 1986; Ord. No. 1022, § 1, 2000)

A canopy or marquee may be permitted to overhang a public way in a C-1 or C-2 District, provided that:

(1)

The canopy or marquee is constructed and maintained in accordance with the city building code and this Code;

(2)

No portion of the canopy or marquee shall be less than eight feet above the level of the sidewalk or other public way; and

(3)

The canopy or marquee shall not extend beyond a point two feet inside the curbline of a public street.

(Code 2000, § 16-17-180; Ord. No. 839, § 700.18, 1986; Ord. No. 1022, § 1, 2000)

Wind energy conversion systems (WECS) may be permitted subject to the following requirements:

(1)

The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:

Intermediate rotor size distances shall be interpolated from the above values.

(2)

The WECS shall not be located in any required yard.

(3)

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed 60 dBA in a residential zone.

(4)

To limit climbing access to a WECS tower or other support structure, a six-foot-high fence with locking portal shall be placed around the WECS support, or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than 12 feet from the ground, or the WECS support may be mounted on a rooftop.

(5)

All blades of a WECS shall be constructed of nonmetallic substances. If the applicant can prove, in writing, that no electromagnetic interference will result, a metal content of up to 25 percent will be acceptable.

(6)

The WECS shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach and clearance around very high frequency (VHF) omnidirectional range (VOR) and Doppler VHF omnidirectional range (DVOR) stations.

(7)

Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than 20 feet. The height of the WECS shall be measured at the center of the blade diameter.

(8)

Data pertaining to the WECS safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adaptor shall meet the restrictions specified in the building code.

(9)

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS.

(10)

A plot plan shall be submitted with the application for the building permit showing the proposed location and height of the WECS, fencing and all existing buildings within 200 feet of the exterior lot lines.

(11)

The owner/operator shall provide covenants, easements or similar documentation to ensure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.

(12)

The owner/operator shall certify that the WECS does not violate any covenants of record.

(13)

The applicant shall provide a certificate of liability insurance. Annually, the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.

(Code 2000, § 16-17-190; Ord. No. 839, § 700.19, 1986; Ord. No. 845, § 1, 1986)

Medical marijuana dispensaries are prohibited within the city. A medical marijuana dispensary may not be operated as a primary land use, as an incidental activity to another lawful land use or as a home occupation.

(Code 2000, § 16-17-200; Ord. No. 1153, § 4, 2010)

Medical marijuana centers are prohibited within the city. A medical marijuana center may not be operated as a primary land use, as an incidental activity to another lawful land use or as a home occupation.

(Code 2000, § 16-17-210; Ord. No. 1165, § 5, 2010)

Medical marijuana cultivation is permitted as a home occupation within the city by a patient or primary caregiver; provided, however, that:

(1)

There shall not be more than one primary caregiver per dwelling unit growing, storing or providing medical marijuana in any form to his or her patients;

(2)

Such growing, storing or providing of medical marijuana is conducted in accordance with article XVIII, section 14 of the state constitution and C.R.S. § 25-1.5-106;

(3)

The primary caregiver shall have not more than six plants per patient, with a maximum of 30 plants for five patients, being grown on the premises of the dwelling unit at any given time; and

(4)

Accessory buildings, such as a detached garage, shed, greenhouse or other structure used for growing, storing or providing medical marijuana, must comply with all zoning bulk standards and building code and fire code provisions applicable thereto.

(Code 2000, § 16-17-220; Ord. No. 1165, § 6, 2010)