Lamar City Zoning Code

(a)

This article specifies the purpose and intent of zone districts that regulate the type and intensity of land uses within the city. The zone districts have been organized into broad district classifications, these being residential, mixed-use, commercial, and industrial. The incorporated area of the city is divided into zone districts to achieve compatibility of uses and character within each zone district, guided by the vision of the Lamar Comprehensive Plan and to achieve the purposes of this Zoning Code.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

To carry out the purpose and provisions of this article, the city is divided into the following zone districts:

(a)

A-L Agricultural District—The A-L Agricultural District is established for the purpose of protecting agricultural uses by restricting and regulating density, land coverage and land use.

(b)

E-A Education Agricultural District—The E-A Education Agricultural District is intended for certain institutional, recreational, parks and open space, and educational purposes to allow limited agriculture, including livestock for display and educational purposes.

(c)

O-E Open Estates District—The O-E Open Estates District is intended for certain rural areas where subdivisions of year-round dwellings are desired, but where limited agriculture may still be practiced.

(d)

R-1 Residence District—The R-1 Residence District is intended to be primarily a single-family residential district with uses customarily incidental thereto permitted.

(e)

R-2 Residence District—The R-2 Residence District is intended to be for single-family, two-unit, three-unit and four-unit residential structures with uses customarily incidental thereto permitted.

(f)

R-3 Residence District—The R-3 Residence District is intended to be for single-family, two-unit, three-unit, four-family and multifamily unit residential structures with uses customarily incidental thereto permitted.

(g)

C-1 Central Business District—The C-1 Central Business District is intended to be a commercial district allowing those uses which are compatible with pedestrian traffic.

(h)

C-2 Commercial District—The C-2 Commercial District is intended to be a vehicle-related commercial district permitting those uses which are compatible with automobile traffic.

(i)

C-3 Highway Service District—The C-3 Highway Service District is intended to provide limited highway service businesses. Floor area is restricted, and off-street parking is required in order to minimize potential adverse effects to adjacent property.

(j)

I-1 Industrial District—The I-1 Industrial District is intended for the purpose of allowing certain industrial uses which do not require intensive land coverage, generate large volumes of vehicular traffic; and create obnoxious sounds, glare, dust or odor. Height and land coverage are controlled to ensure compatibility with adjoining uses. The volume of sound generated by this use shall not inherently or recurrently exceed 80 decibels at any point of any boundary line of the zone lot on which the use is located. The vibration generated by this use shall not inherently or recurrently be perceptible, without instruments, at any point of any boundary line of the zone lot on which the use is located. The emission of heat, glare, radiation and fumes by this use shall not emit any obnoxious or dangerous degree of heat, glare, radiation or fumes beyond any point of any boundary line of the zone lot on which the use is located.

(k)

I-2 Industrial District—The I-2 Industrial District is intended for the purpose of allowing basic or primary industries, which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district. The volume of sound generated by this use shall not inherently or recurrently exceed 100 decibels at any point of any boundary line of the zone lot on which the use is located. The vibration generated by this use shall not inherently or recurrently be perceptible, without instruments, at any point of any boundary line of the lot on which the use is located. The emission of heat, glare, radiation and fumes by this use shall not emit any obnoxious or dangerous degree of heat, glare, radiation or fumes beyond any point of any boundary line of the lot on which the use is located.

(l)

I-P Industrial Park District—The intent of the I-P Industrial Park District is to allow certain industrial land uses in a park-like atmosphere, and to control the type of use, setback, parking, loading and unloading. It is also intended that this district be compatible with adjoining residential and commercial land uses.

(m)

M-H Mobile Home District—The M-H Mobile Home District is intended specifically for areas where mobile homes and mobile home courts or parks are desired.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Tables 30 B and C, Schedule of Dimensional Standards, specifies the dimensional standards applicable to development in the city's residential and commercial, business and industrial zone districts. All residential and nonresidential development shall meet these standards, unless other standards are specified for a use section 30-39 or by a zone district overlay in this zoning article IV.

TABLE 30-B
Schedule of Dimensional Standard—Residential

Notes:
Corner lots may reduce the side setback to 7' outside of clear sight triangle.
** ;hg;A covered porch may encroach into the front yard setback by 25 percent.
*** ;hg;Eaves may encroach an additional 18 inches into setbacks.

Table 30-C
Schedule of Dimensional Standards—Commercial and Industrial

Notes:
Existing structures are not required to meet off-street parking requirements. New structures and additions shall meet off-street parking requirements.
** ;hg;If a property does not utilize the zero setback allowance, the minimum landscape area shall be ten percent.
*** ;hg;If the property adjoins a residential zone district, setbacks on the side and rear lot line shall be the same as the residential district.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

The primary use of a lot is referred to as a "principal use" which may be a land use or a structure. Only one principal use per lot is allowed in any zone district except for commercial and light industrial zone districts where residential and nonresidential uses and where different nonresidential uses may be allowed in the same building as specified in the zone district regulations. Only one principal building and its customary accessory buildings may be erected on any single lot in a residential zone district unless approved through a conditional use.

(b)

A structure or land use that is customary, incidental, and accessory to the principal use is referred to as an accessory use. Accessory uses must be located on the same lot as the principal use. A building for a garage or storage, a home occupation, fences, hedges, and walls are permitted accessory uses in any zone district, subject to any limitations listed in this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

General. Conditional uses are those land uses which are generally compatible with the permitted uses in a zone district, but which require site-specific review of their location, design, intensity, density, configuration and operating characteristics, and which may require the imposition of appropriate conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially adverse impacts. It is the intent of these regulations to provide a review of conditional uses so that the community is assured that any proposed conditional uses are suitable for the proposed location and are compatible with the surrounding land uses. Conditional uses are generally appurtenant to the property supporting the use; however, conditional use permits may also be made specific to the permit holder if appropriate under the circumstances.

(1)

When allowed. Conditional uses may be permitted in designated zone districts upon approval of the planning and zoning commission as provided in these regulations.

(2)

Application and review. All applications for conditional uses will be reviewed according to the procedures set forth in section 30-12.

(b)

Review standards. An application for conditional use approval shall comply with the following standards. The planning and zoning commission shall be the final decision-making authority on conditional use applications. Appeals by applicants or citizens shall be filed in accordance with section 30-19. In addition, an application for a conditional use must demonstrate compliance with any review standards particular to that use specified in Tables D and E.

(1)

Consistency with comprehensive plan. The use shall be consistent with the city's Comprehensive Plan.

(2)

Conformance to code. The use shall conform to all other applicable provisions of this chapter, including, but not limited to:

a.

Zoning district standards. The purpose of the zone district in which it is located, the dimensional standards of that zone district and any standards applicable to the particular use, all as specified in section 30-39.

b.

Site development standards. The parking, landscaping, sign and improvements standards.

(c)

Use appropriate and compatible. The use shall be appropriate to its proposed location and be compatible with the character of neighboring uses, or enhance the mixture of complementary uses and activities in the immediate vicinity.

(d)

Traffic. The use shall not cause undue traffic congestion, dangerous traffic conditions or incompatible service delivery, parking or loading problems. Necessary mitigating measures shall be proposed by the applicant.

(e)

Nuisance. The operating characteristics of the use shall not create a nuisance, and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare and similar conditions.

(f)

Facilities. There shall be adequate public facilities in place to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies which the use would cause.

(g)

Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Conditional use permit approval shall be valid for one year from the date of approval or within a longer period determined by the planning and zoning commission, as applicable, for uses which involve phasing, but in no event longer than five years from the date of approval. The conditional use approval may contain conditions as deemed appropriate by planning and zoning commission in approving the permit. Within the one-year period, or other approved period, the permit holder must either begin construction or establish the land use authorized by the conditional use permit, including any conditions attached to the conditional use approval. Failure to start construction or establish such use within the one-year or other applicable time period shall result in automatic expiration of the conditional use permit. Once a conditional use is established, any discontinuance of the use for a period of one year, for any reason, shall result in automatic expiration of the conditional use permit, unless otherwise provided in the permit. The approval of a conditional use may or may not identify an initial term for the conditional use. Continuous of the conditional use permit shall automatically renew yearly, unless the planning and zoning commission places time provisions conditions, provided the use continues to operate in accordance with the code. Upon expiration of the term, if the permit is so limited, the conditional use permit shall automatically expire.

(b)

Prior to expiration of the initial term or an extended term, the applicant may submit a request to the administrator to extend the conditional use approval, which request shall specify the reasons why the use should be permitted to continue. The approval shall be deemed extended until the administrator or planning commission, as applicable, has acted upon the request for extension. The planning and zoning commission shall be authorized to deny an extension or extend the approval and to impose additional conditions, if necessary.

(c)

If an applicant, owner, tenant, or business receives a notice of violation or formal complaint of their conditional use permit, they shall have 30 days to come into compliance with the notice. A second notice of violation of a conditional use permit shall result in a public hearing before the planning and zoning commission. At this public hearing, the planning and zoning commission shall review the notice of violation and information provided within the complaint. The planning and zoning commission shall have the authority to set additional conditions for approval or deny and revoke the conditional use permit.

(d)

If an applicant, or citizen wishes to appeal the final decision of the planning and zoning commission on a conditional use permit, an appeal in writing must be filed within 15 days of the date of the public hearing when the final decision was render. Appeals will be scheduled to be heard by the city council and take into consideration the original conditional use application materials, additional information contained in writing in the application for appeal, public comments entered into the official record of the public hearing, and a transcript of the minutes from the public hearing from the planning and zoning commission meeting. The planning and zoning commission shall be required to provide approved minutes for the appeal hearing within 45 days of an appeal being filed to be entered into the record of the appeal proceedings at the city council appeal hearing. The date and time of the hearing shall be determined based on the availability of the city council and shall not be delayed for more than 60 days from the date of the filed appeal.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Uses not specifically described in a particular zone district may be considered a conditional use in that zone district if the administrator determines, in writing, that the proposed use is substantially similar to a use specifically described in that particular zone district.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Uses. Tables 30 D and E, Schedule of Uses, specify the use standards applicable to development in the city's residential and commercial, business and industrial zone districts. All residential and nonresidential development shall meet these standards, unless other standards are specified for a use or by a zone district in this Zoning Code section 30-39.

(1)

Permitted uses. "P" indicates uses which are permitted. A zoning development application approval pursuant to section 30-12 is required by the administrator if applicable.

(2)

Conditional uses. "C" indicates uses which are allowed, subject to conditional use review. The planning commission shall conduct a public hearing to determine whether the conditional use complies with all standards and requirements of this chapter. A zoning development application approval pursuant to section 30-12 is required by the planning commission

(3)

Not permitted. "N" indicated uses which are prohibited.

Table 30-D
Residential Schedule of Uses

Notes:
The standards referenced herein are in addition to all other applicable standards of this Zoning Code.
²  ;hg;Provided that State Health Code space and sanitation requirements are met.
³  ;hg;An existing dwelling can be modified or rebuilt as a matter of right.

TABLE 30-E
Commercial and Industrial Schedule of Uses

Notes:
The standards referenced herein are in addition to all other applicable standards of this Zoning Code.
²  ;hg;Provided that State Health Code space and sanitation requirements are met.
³  ;hg;An existing dwelling can be modified or rebuilt as a matter of right.
Uses not listed are not permitted. No Residential uses allowed in I-2 that are not listed.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Additional use standards in zone districts. Certain uses are important to the character and functions of the city, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district. These uses also require additional standards by which their location, site plan, operating characteristics and intensity can be reviewed. Those uses which require such additional standards are identified in the "Standards" column of Table 30 D and E, Schedule of Uses. The standards for each of these uses follow below.

(a)

Hospital.

(1)

No equipment or process shall be used in such hospital which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(2)

Parking and access. Required parking shall be provided on the site for all buildings and uses on the site. Access should be consolidated to reduce curb cuts and shall be provided through alleys where available.

(3)

Provision of adequate services. Each principal structure shall have its own municipal services, including water and sewer, in accordance with municipal utilities, of this Code.

(b)

Accessory dwelling unit.

(1)

Location. An accessory dwelling unit may be located within or attached to the primary dwelling unit, or may be detached from the primary dwelling unit if located in or above a garage or lawful accessory building. Only one accessory dwelling unit is allowed per lot on a permanent foundation and must include a kitchen, bathroom, and sleeping area.

(2)

Square footage. An accessory dwelling unit shall not exceed 900 square feet of habitable floor area. Habitable floor area means the total floor area contained within the inside walls of a structure with at least 7.0 feet of headroom. Habitable floor area does not include unfinished attics, areas used for access such as stairs and covered porches, garage space used for the parking of cars or storage, unfinished basements and utility rooms less than 50 square feet. All other areas of an accessory dwelling unit shall count towards habitable floor area.

(3)

Parking. There shall be one additional off-street parking space provided for the accessory dwelling unit.

(4)

Occupancy. The accessory dwelling unit shall not be condominiumized or sold and shall not be rented to visitors for periods of less than 30 days. A maximum of two related or unrelated people including children may inhabit an accessory dwelling unit.

(5)

Alley access. All ADUs must have access to an alley or public right-of-way.

(6)

Utilities. Utility connections and meters for water, electric, gas, and sewer shall be determined by the city or the provider at its sole discretion.

(c)

Short-term rentals.

(1)

All short-term rentals must have a business license filed with the city and collect and remit all applicable local and state taxes.

(2)

Owner or property manager must be able to respond to any neighbor complaints within one hour.

(3)

No short-term rental shall not create undo neighborhood nuisances such as excessive noise, outdoor lighting, trash, or parking.

(d)

Recreational vehicle park or campground. A recreational vehicle park shall comply with the standards of the underlying zone district, except as otherwise specified herein.

(1)

Minimum park size. A recreational vehicle park shall be developed and operated on a site of at least two acres.

(2)

Minimum space size. Each recreational vehicle unit space shall contain a surfaced area of not less than ten feet by 30 feet. Surfacing shall consist of asphalt, concrete or not less than four inches of gravel, with edging required. A recreational vehicle shall be parked in its entirety on the surfaced area.

(3)

Minimum setbacks for recreational vehicles. The minimum setback requirements for all permanent structures and recreation vehicles shall be as follows:

a.

Perimeter. A minimum of 15 feet from all boundaries of the park.

b.

Separation. Recreational vehicles shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings or carports for purposes of this separation requirement shall be considered to be part of the recreational vehicle.

(4)

Recreation area.

a.

Minimum standard. A usable area amounting to not less than ten percent (10%) of the gross area of the park shall be designated and improved by the developer for recreation use. The recreation area shall not include any area designated as a roadway, unit space, parking area or storage area, and shall be conveniently located and free from all natural hazards. The recreation area shall count toward the minimum landscape area standard of the underlying zone district.

b.

Assurances. As part of the application for the recreational vehicle park, the developer shall submit assurances acceptable to the city that the recreation area will be improved in a timely way so as to be suitable for active recreation use in accordance with the approved plan and adequately maintained for as long as the park is in existence.

(5)

Landscaping. Landscaping shall be required for an area amounting to not less than 15 percent of the gross area of the park. The landscape area may include the recreation area and common landscape areas and shall include a landscape area provided within the required perimeter setback to effectively screen or buffer the park from surrounding properties. The required landscape area shall comply with Tables 30—B&C of this chapter.

(6)

Utilities installation and connection.

a.

Code compliance. Utility installations and connection taps shall be installed to comply with all state and local regulations and codes. Electrical installations shall comply with all state and local electrical codes.

b.

Underground. All utilities, except major power transmission lines, shall be placed underground.

c.

Lighting. Adequate lighting shall be provided in compliance with the requirements of the Lamar Light and Power.

(7)

Fire protection. Every recreational vehicle park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within the park as prescribed by the fire marshal, with reference to the city's fire code. Fire hydrants shall be installed to comply with city standards and fire codes.

(8)

Roadways and walkways.

a.

Private. Internal roadways and walkways within the recreational vehicle park shall be privately owned, built and maintained, and shall be designed for safe access to all spaces, parking areas, service buildings and recreation areas.

b.

Entrance. The entrance to the recreational vehicle park shall be from a public road. The entrance shall not be located closer than 50 feet to any public street intersection, shall be a minimum of 30 feet in width, and shall be designed to comply with minimum American Association of State Highway and Transportation Officials (AASHTO) standards.

(9)

Location of unit.

a.

Obstruction prohibited. No recreational vehicle shall be parked so that any part of such unit will obstruct any roadway or walkway in a park.

b.

Locating on approved space. No unit shall be occupied in a park unless the unit is located on an approved unit space.

(10)

Dump stations. Dump stations may be installed, in accordance with city specifications.

(11)

Refuse and garbage. Every four recreational vehicle spaces shall have provided one container for trash and garbage and a rack or holder at a permanent location for the same. Trash and garbage containers shall be located within one hundred feet of any unit space they serve.

(12)

Service building. A service building including a restroom shall be installed in all recreational vehicle parks. The service building shall also meet the following standards:

a.

Private compartments. Each water closet, bath or shower shall be in a private compartment and shall meet the requirements of the city's plumbing code.

b.

Sound-retardant wall. A sound-retardant wall shall separate the toilet facilities for each sex when provided in a single building.

c.

Utility sink. A minimum of one utility sink shall also be provided for disposal of liquid wastes and for clean-up and maintenance of the service building.

d.

Construction. The service building shall be of permanent construction and be provided with adequate light, heat and positive ventilation in shower and bathing areas. Interior construction of the service building shall use cleanable, moisture resistant materials on walls, ceilings and floors, and use slip-resistant materials on floors.

e.

Openings screened. All windows, doors or other openings shall be screened to keep out insects.

f.

Plumbing. All plumbing shall conform to the most recently adopted version of the building code and the local plumbing code. Hot and cold running water shall be provided in the service building.

(e)

Day nursery, small, large and adult.

(1)

Parking. A day care facility, small, large or adult, shall provide one off-street parking space per nonresident employee. This space shall be provided in addition to any parking required for other uses of the property.

(2)

Drop-off/pickup area. One designated off-street drop-off/pick-up space shall be provided per each four children at a large day care facility and for every four clients at an adult day care. The space shall be available during operating hours for loading and unloading of children or clients.

(3)

Outside area—Fence. The required play or recreation area shall not be located in the property's front yard.

(4)

State codes. The day care facility shall comply with all applicable state codes and licensing.

(5)

Hours of operation. The hours of operation for the day care may be restricted in residential neighborhoods to limit adverse impacts of noise and traffic on neighboring properties.

(f)

Home occupation and home business.

(1)

Use subordinate. The use of a dwelling for a home occupation or home business shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. The use shall not exceed 25 percent of the total structure's square footage.

(2)

Activity conducted indoors. All on-site activities associated with a home occupation or home business shall be conducted indoors. Materials and equipment used in the home occupation or home business shall be stored in a building.

(3)

Employment.

a.

Home occupation. A home occupation shall be conducted only by persons residing on the premises and no more than one employee residing off-premises.

b.

Home business. A home business shall be conducted by persons residing on the premises and no more than three employees residing off-premises.

(4)

Patrons. A home occupation shall not serve patrons on the premises. A home business may serve patrons on the premises, provided that all other standards of this section are met.

(5)

Parking. one off-street parking space shall be required for each employee residing off-premises. These spaces shall be provided in addition to the parking required for the principal residential use of the property.

(6)

Sales. Incidental sale of supplies or products associated with the home occupation or home business shall be permitted on the premises. A home occupation or home business whose primary activity is retail sales shall be prohibited, except if the function of the home occupation or home business is catalogue sales. An appropriate sales tax license shall be obtained and maintained during the course of business.

(7)

Nuisance. A home occupation or home business shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic or parking demand, and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises.

(8)

Codes. The building shall comply with all applicable city building, fire and safety codes for the particular business.

(9)

Advertising. No outdoor advertising of the home occupation or home business shall be permitted, except as provided in section 30-131 of this chapter.

(g)

Group home and treatment centers.

(1)

Neighborhood density. A group home shall not be located closer than 750 feet to another group home.

(2)

Health and safety codes. The group home shall comply with all applicable local, state or federal health, safety, fire and building codes.

(h)

Drive-in facility.

(1)

Circulation. Drive-through lanes shall be separated from circulation lanes required to enter or exit the property. Drive-through lanes shall be marked by striping, pavement markings or barriers.

(2)

Minimize impacts. Drive-through lanes shall be designed and located to minimize impacts on adjoining properties, including screening or buffers to minimize noise impacts. A fence, wall or other opaque screen of at least six feet in height shall be provided on all sides of the site that are located adjacent to property that is zoned for or occupied by residential uses.

(i)

Mixed-use.

(1)

Mixed-use buildings containing residential units must maintain a minimum of 25 percent of commercial use on the street facing ground floor.

(j)

Temporary commercial uses and activities. Temporary commercial uses and activities may be allowed only when:

(1)

Use allowed. The commercial use itself is allowed or is approved as a conditional use in the zone district.

(2)

Parking. Adequate parking is provided for the use, as determined by the building official.

(3)

Health and safety codes. The use complies with all applicable health and safety codes and a permit for the use is obtained from the building official.

(4)

Location. The use is situated such that it does not block any required access or egress from the site and is not located on any required parking.

(k)

Communication facilities.

(1)

FCC compliance. The owner/operator of a proposed facility shall document in writing that it complies, and will continue to comply, with current Federal Communications Commission standards for cumulative field measurements of radio frequency power densities and electromagnetic fields, and Federal Communications Commission regulations prohibiting localized interference with the reception of television and radio broadcasts.

(2)

Maximum height. A proposed facility, including antennae, shall not exceed the maximum structure height established for the zoning district in which the facility is to be located. Building- or structure-mounted antennas shall extend no more than ten feet above the highest point of the building or structure to which they are attached.

(3)

Siting. The siting of a proposed facility must utilize existing or new land forms, vegetation, landscaping and structures so as to screen the facility from surrounding properties and public rights-of-way to the maximum extent feasible, and/or blend the facility with its surrounding environment.

(4)

Compatibility. Facility design, materials, color and support structures, if any, shall be compatible with the surrounding environment, and monopole antennae and/or support structures shall be tapered from base to tip to blend in with the environment in which they are located.

(5)

Accessories. Any accessory equipment, shelters or components shall be grouped together as closely as possible and screened from view.

(6)

Mounted facilities. The maximum protrusion of such facilities from the building or structure to which they are attached shall be two feet unless it can be shown by the applicant that it is not feasible to meet this criterion.

(7)

Financial security. All permits for communication facilities shall be subject to a bond or other adequate financial security posted by the permittee and deposited with the city to ensure the disassembly and removal of the facility upon the expiration of the facility. The bond or other security shall designate the city as beneficiary.

(l)

Correctional facilities not including community corrections facilities for such programs as are defined in section 14-2 of the Home Rule Charter for the City of Lamar and C.R.S. § 17-27-104 et seq., provided they comply with the following additional requirements:

a.

In order to accommodate potential expansion of the facilities, the site size shall be a minimum of 15 acres in size.

b.

The facility shall be established at least 1,000 feet (measured from property line to property line) from the nearest property which is residentially zoned or used.

c.

The facility shall not be established within 1,000 feet (measured from property line to property line) from any church or place of worship, day care facility, park educational institution, library, museum, community center, residential district or children's amusement park.

d.

Site development shall be in conformance with the landscaping requirements of the zoning district.

e.

The constitution and operation of the correctional facility shall comply with all applicable federal, state and local regulatory requirements.

f.

The city council may deny the locating of a correctional facility in an Agricultural (A-L) District when the use would be detrimental to nearby properties, or in the alternative, the planning and zoning commission may add conditions or safeguards to the approval of a correctional facility location in order to protect the health and welfare of citizens.

(m)

Wrecking yards, salvage yards or junkyards, provided that the storage yard is completely enclosed with a six-foot solid fence or wall and located not less than 300 feet from a residential district zone and subject to the following:

a.

The operation shall be conducted completely within the enclosed area. The fence or wall shall be of uniform texture and color and shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the area. The fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard;

b.

No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosing fence or wall or within the public right-of-way; and

c.

Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the fire department, and in accordance with state requirements. Said burning, when permitted, shall be done during daylight hours only.

(n)

Mobile homes single. Existing mobile homes north of Parmenter Street may be replaced with a new code-compliant mobile home, provided the dimensional requirements of the underlying zone district and conditions of this section are met. Replacement or new mobile homes south of Parmenter are not permitted unless in a mobile home park zone.

(1)

Placement of mobile home. Once a zoning permit is approved, an applicant shall pull a building permit and connect the mobile home to the required utilities within 90 days of the issuance of building permit. The city shall cause the mobile home to be removed from the city limits in the event the mobile home remains inoperable or uninhabited after 90 days.

(2)

Condition of mobile home. Applicants shall provide evidence that the mobile home is new or in good repair. The following additional items shall be provided to the city at the time of the zoning permit application:

a.

Photos or cut sheets of all elevations of the existing or new mobile home. These photos demonstrate that the mobile home is in good repair and all mechanical systems are operational. No mobile home shall be placed in the city limits that cannot demonstrate meeting the requirements for safe occupancy and evidence of required HUD tag requirements; and

b.

All mobile homes shall provide utility connection plans and signoffs from city utility departments prior to any required conditional use permit hearings; and

c.

All mobile homes must provide plans for the skirting of the unit and anchoring of the unit.

(o)

Mobile home parks. Mobile home parks may be established as a conditional use if the following conditions are met:

(1)

Minimum park size. A mobile home park shall be developed and operated on a site of at least two acres.

(2)

Minimum space size. Each mobile home unit space shall contain a surfaced area of not less than ten feet by 30 feet with an additional parking surface. Parking surfacing shall consist of asphalt, concrete or not less than four inches of gravel, with edging required.

(3)

Minimum setbacks for mobile homes. The minimum setback requirements for all permanent structures and mobile homes shall be as follows:

a.

Perimeter. A minimum of 25 feet from all boundaries of the park.

b.

Separation. Mobile homes shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings or carports for purposes of this separation requirement shall be considered to be part of the mobile home.

(4)

Landscaping. Landscaping shall be required for an area amounting to not less than 15 percent of the gross area of the park. The landscape area may include the recreation area and common landscape areas and shall include a landscape area provided within the required perimeter setback to effectively screen or buffer the park from surrounding properties.

(5)

Utilities installation and connection.

a.

Code compliance. Utility installations and connection taps shall be installed to comply with all state and local regulations and codes. Electrical installations shall comply with all state and local electrical codes.

b.

Underground. All utilities, except major power transmission lines, shall be placed underground.

c.

Lighting. Adequate lighting shall be provided in compliance with the requirements of the city's light and power department.

(6)

Fire protection. Every recreational vehicle park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within the park as prescribed by the fire marshal, with reference to the city's fire code. Fire hydrants shall be installed to comply with city standards and fire codes.

(7)

Roadways and walkways.

a.

Private. Internal roadways and walkways within the mobile home park shall be privately owned, built and maintained, and shall be designed for safe access to all spaces, parking areas, service buildings and recreation areas.

b.

Entrance. The entrance to the mobile park shall be from a public road. The entrance shall not be located closer than 50 feet to any public street intersection, shall be a minimum of 30 feet in width, and shall be designed to comply with minimum American Association of State Highway and Transportation Officials (AASHTO) standards.

(p)

Marijuana-retail, dispensary, centers, infuse product manufacturing, cultivation, or storage. It shall be unlawful for any person, corporation, partnership, limited liability company, company or association of persons, for profit or not for profit, to establish or operate any medical marijuana establishment, marijuana social club or retail, marijuana storage facility, commercial cultivation, medical marijuana center or medical marijuana dispensary within the city in any zoning district, whether now herein acted or enacted or annexed hereafter. Said acts are prohibited on any plot or parcel of land, platted or unplatted, zoned or unzoned, within the corporate limits of the city.

(q)

Medical marijuana cultivation by patient or caregiver. 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.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Within the districts established by this chapter or amendments that may later be adopted, there exist:

(1)

Lots;

(2)

Structures;

(3)

Uses of land and structures; and

(4)

Characteristics of use which were lawful before the ordinance from which this chapter is derived was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived, and upon which actual building construction has been carried on within a 90-day limit. The term "actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on within a 90-day limit.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership, and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment and appeals.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with area or width below the requirements stated in this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Where, at the time of adoption of the ordinance from which this chapter is derived, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived or any amendment codified herein;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which this chapter is derived or any amendment codified herein;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located;

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Where a lawful structure exists at the effective date of the ordinance from which this chapter is derived or any amendment codified herein, that could not be built under the terms of this chapter by reasons of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(2)

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter; and

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

If lawful use involving an individual structure with a replacement cost of $1,000.00 or more, or of a structure and premises in combination, exists at the effective date of the ordinance from which this chapter is derived or any amendment thereto, that would not be allowed in the district under the terms of this chapter, said use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter, in the district in which it is located, shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building;

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception, be changed to another nonconforming use, provided that the board of adjustment and appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment and appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter;

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the premises in combination, the structure and/or structure and premises, shall not thereafter be used, except in conformity with the regulations of the district in which it is located;

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term "destruction," for the purpose of this subsection, means damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.

(c)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety upon order of such official.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)