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Las Animas City Zoning Code

ARTICLE XVIII

- SUPPLEMENTAL REGULATIONS

Sec. 22-530. - Home Occupations.

Home Occupations may be conducted within a Dwelling Unit as an Accessory Use only if the following criteria are met:

(1)

City and State sales tax licenses are obtained if taxable sales are made;

(2)

The occupational activity and storage may take place only within the Dwelling Unit;

(3)

Only residents of the Dwelling Unit may be proprietors engaged in the Business;

(4)

The Home Occupation activity shall not utilize more than 20 percent of the Dwelling Unit floor space;

(5)

No unreasonable noise, dirt, odor, vibration, or glare shall be observable off the premises;

(6)

All above occupations shall comply with all applicable federal, State, County and City laws, statutes, regulations and ordinances.

(Code 1968, § 25-102; Ord. No. 613, § 2(4.19.010))

Sec. 22-531. - Animals.

Regulations pertaining to control of animals in the City are specified in chapter 6 of this Code.

(Code 1968, § 25-103; Ord. No. 613, § 2(4.19.020))

Sec. 22-532. - Fence rules and regulations.

(a)

No fence may exceed six feet in height, except in the central business and commercial Zones where the maximum height is eight feet.

(b)

No structure, shrub, bush or fence shall exceed 30 inches in height within 25 feet measured from the point of intersection of curblines extended.

(c)

Prior to building a fence, an owner or his agent shall file a statement with the City Clerk stating, "I have examined my property located at _______ (giving legal description) and I verify that the construction of my fence will not extend onto real property owned by the City of Las Animas." This statement shall be dated and signed. The City shall not be obligated to verify placement of fences, nor shall a building permit be required.

(Code 1968, § 25-104; Ord. No. 613, § 2(4.19.030))

Sec. 22-533. - Fence construction and fencing materials.

(a)

Except as otherwise provided, it shall be unlawful for any person to install a fence, or to make any alterations, additions or changes to a fence, without first having obtained a fence construction permit from the Public Works Department. Exception: A fence construction permit shall not be required if alterations, additions, changes or repairs do not exceed 25 percent of the area of the fence.

(b)

All fences, regardless of whether or not a fence construction permit is required for their construction, that are constructed, repaired, expanded, or enlarged, shall be constructed only of Approved Fence Materials. The term "Approved Fence Materials" shall mean materials normally manufactured for, used as, and recognized as, fencing materials such as: wrought iron or other decorative metals suitable for the construction of fences, masonry, concrete, stone, chain link, metal tubing, wood planks, and vinyl or fiberglass composite manufactured specifically as fencing materials that are approved by the Building Official. Approved Fence Materials shall be approved for exterior use and shall be weather- and decay-resistant. The Building Official is authorized to evaluate proposed fence materials, and to determine if the proposed material is satisfactory and complies with the intent of the provisions of this Code, and that the material is, for the purpose intended, at least the equivalent of that prescribed in this section in quality, strength, effectiveness, durability and safety.

(c)

Barbed wire, razor wire and electric fences are prohibited.

(d)

Except as otherwise provided by the zoning ordinance, no fence shall be placed in the required front yard of any zoning district in excess of six feet in height.

(e)

All fences shall be maintained reasonably plumb and structurally sound. Each structural and decorative member of a fence shall be free of deterioration and be compatible in size, material and appearance with the remainder of the fence. The fence will not create a sight problem for traffic.

(f)

A fence that has deteriorated to a condition that is likely to fall shall be repaired, replaced or removed.

(g)

Fences shall not be externally braced in lieu of replacing or repairing posts, columns or other structural members.

(h)

If a party receives an adverse decision from the Director of Public Works, the decision may be appealed to the Building and Properties Committee of the City Council by filing a written request within ten days of the decision made by the Director of Public Works.

(i)

It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this section.

(Code 1968, § 25-104.1; Ord. No. 671, §§ 1—7)