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Lone Tree City Zoning Code

ARTICLE III

Property standards

Sec. 16-3-10.- Property maintenance, general.

The following provisions apply to all properties in the City.

(1)

No land may be used as an outside storage area for the purpose of collecting, dismantling, storing or selling junk, trash, rubbish, refuse of any kind, remnants of wood, metal or plastic, discarded materials, inoperative vehicles or dismantled machinery, whether or not the same could be put to any reasonable use, unless otherwise authorized by the City in an approved Site Improvement Plan or Temporary Use Permit for the land.

(2)

On- or off-street parking of unlicensed or inoperable vehicles is prohibited in all residential zoning districts and Planned Developments where residential uses are permitted.

(3)

To prevent the creation of an attractive nuisance, swimming pools and associated pool barriers shall be maintained in a safe condition, as approved by the building permit and Site Improvement Plan (SIP), if applicable.

(4)

Fences, walls or hedges shall be maintained in good structural or living condition. The landowner is responsible for the repair of a fence, wall or hedge which constitutes a safety hazard by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or which constitutes a zoning violation.

(Ord. 22-02 Art. 4)

Sec. 16-3-20. - Property maintenance, specific.

The following provisions apply to all properties except single-family detached:

(1)

All improvements on the property shall be maintained in a state of good repair consistent with the approved Site Improvement Plan (SIP). This includes proper upkeep and maintenance of all structures, sidewalks, paved surfaces, access, parking areas, drainage ways, lighting, signage and similar improvements. All improvements must be kept free from trash, debris, litter and graffiti.

(2)

Landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, fertilizing, mulching, trimming, removal of litter and regular irrigation of all plantings, including winter watering of trees, as applicable. Trees shall be watered monthly during times of drought.

(3)

Maintenance of trees and shrubs is required near intersections so as not to obstruct or interfere with views or sight lines (private property owners with landscaping in these areas should consult with the Community Development and Public Works Departments to verify and correct problems).

(4)

Property owners shall be required to replace trees or shrubs when forty percent (40%) or more of the plant is dead or is succumbing to a disease that is likely fatal in the short term. Trees shall also be replaced when the primary leader (the top) is dead and the next lateral branch is unlikely to assume and maintain apical dominance (take over as a new top), as determined by the Community Development Department. Plant replacement shall be completed within one (1) planting season. Dead plant materials shall be removed and replaced with healthy planting materials of comparable size and the same species as shown on the approved SIP, unless otherwise approved by the Community Development Department. The number of trees and shrubs may be increased where appropriate to make up for the loss of vegetative cover, as determined by the Community Development Department.

(5)

Undeveloped properties eligible for a Site Improvement Plan must also be maintained in a state of good repair. This includes regular mowing, weeding, mud and erosion control, as well as trash removal. All landscaping in and along public rights-of-way shall adhere to maintenance standards identified in the City's Design Guidelines and Standards for Landscaping.

(6)

Sidewalks and landscaping in the public right-of-way adjacent to commercial, multi-family or single-family attached properties are the responsibility of the adjoining property owner or managing entity. Sidewalks must be maintained in a condition free from snow or ice within twenty-four (24) hours after its accumulation.

(7)

Maintenance access shall be provided to all storm drainage facilities to ensure the continuous operational capabilities of the system. The property owner shall be responsible for the maintenance of all drainage facilities, including inlets, pipes, culverts, channels, ditches, hydraulic structures and detention basins located on the property, unless such maintenance responsibility is provided by an alternate entity, with City approval, through a separate written agreement with a copy on file with the Director of Public Works or their designee. If the City determines that the property is not in compliance with the above requirements, it may contact the owner to remedy the violations within a timeframe specified by the Director of Public Works. If the owner fails to remedy the violation in the time specified, the City shall have the right to enter the land for the purposes of operations and maintenance. All such maintenance costs shall be assessed to the property owner.

(8)

Trash enclosures shall be maintained in a state of good repair with operable enclosure doors. All access into the trash enclosure must be comprised of a metal gate system that is closed at all times except during trash collection. All trash and debris placed in the trash enclosure must be located off the ground and placed in metal dumpsters. Trash containers or dumpsters must be in a state of good repair with operable lids. Lids must be kept closed to keep litter contained.

(9)

Overnight storage of vehicles including delivery, catering or fleet vehicles is prohibited unless otherwise shown on an approved Site Improvement Plan (SIP). Any proposed addition or increase of overnight storage beyond that which is approved with an SIP may necessitate an SIP amendment per Section 16-27-180.

(10)

The function of the site, as provided in the approved Site Improvement Plan (SIP) for the property shall be maintained by the property owner or designated management authority. Deviations from the approved SIP and/or an increase in the volume or frequency of use may necessitate an SIP amendment per Section 16-27-180. For the purposes of property maintenance, site function shall include the following components of an SIP:

a.

Delivery and loading spaces;

b.

Snow storage areas; and

c.

Vehicle queuing.

(Ord. 22-02 Art. 4)

Sec. 16-3-30. - Household pets.

(a)

Household pets inclusive of, but not limited to, dogs and cats shall be permitted in all zoning districts allowing residential use, provided that no more than a combination of four (4) animals with no more than three (3) of any one kind or species that are more than four (4) months of age are kept by the occupant of any residential unit. Kennels, boarding facilities and commercial pet activities are not allowed in residential districts.

(b)

This provision does not apply to tropical fish, small reptiles, small rodents, (i.e., gerbils, hamsters) and small birds kept as pets, unless raised for commercial or other purposes, kept outdoors, or kept in an accessory structure.

(Ord. 22-02 Art. 4)

Sec. 16-3-40. - Rain barrels.

The City promotes the benefits of the use of rain barrels while recognizing the need to blend their use into a residential setting. To balance the environmental, drainage and other benefits of rain barrels with the potential for nuisance, aesthetic or other issues that may result from the use of the same, precipitation from a rooftop that is collected in a rain barrel is permitted subject to the following:

(1)

A rain barrel collecting precipitation from a downspout is allowed adjacent to any building façade, when the rain barrel is:

a.

Fifty-five (55) gallons or less in capacity;

b.

Blends with the building's façade and surrounding landscaping and vegetation;

c.

Outdoors, above ground, not elevated more than twenty-four (24) inches above adjacent grade, placed on a stable surface, and maintained in such a way as to prevent tipping;

d.

Secured with a sealable lid;

e.

Maintained in a safe and functional condition and kept in good repair;

f.

Maintained to prevent any offensive odors, any mosquito or other insect eggs and larvae, any other nuisance or any other City code violation; and

g.

Has associated permanent or temporary piping that reasonably blends in with surrounding landscaping and vegetation.

(2)

Shall meet all provisions of the State laws, including:

a.

Collection is from a rooftop of a building that is used primarily as a single-family residence (defined as a separate building or an individual residence that is part of a row of residences joined by common sidewalls) or a multi-family residence with four (4) or fewer units;

b.

The collected precipitation is used on the property on which it is collected;

c.

No more than two rain barrels, with a total of one hundred ten (110) gallons of storage, are allowed per residence;

d.

The collected precipitation is used solely for outdoor purposes including the irrigation of lawns and gardens;

e.

Precipitation collected shall not be used for drinking water or indoor household purposes.

(Ord. 22-02 Art. 4)