The height limitations contained in Article 4 above do not apply to spires, belfries, cupolas, television antennas, ventilators or chimneys.

(Prior code, § 12.08.010; Ord. No. 864, § 9, 1-26-2010; Ord. No. 914, § 1, 2-9-2016)

No construction shall be allowed that interferes with an existing conforming solar system.

(Prior code, § 12.08.020; Ord. No. 914, § 1, 2-9-2016)

(a)

The use of a dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(1)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding eight square feet in area, nonilluminated and mounted flat against the wall of the principal building.

(2)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(3)

No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors, smoke, dust or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit, or conducted in other than a single-family residence.

(4)

Vehicle repair shall be conducted only in completely enclosed buildings.

(b)

After March 1, 2010, a variance for home occupation or limited commercial use, when granted by the Planning Commission, shall be granted for a limited period, which period shall terminate at midnight on December 31 following the last day of the twelfth month subsequent to the date of variance approval. Immediately following termination of the variance, a grace period shall exist between January 1 and March 31, during which time the variance may be renewed by paying a renewal fee as set forth in the City's Fee Schedule and completing a form provided by the City Clerk, attesting that the home occupation or limited commercial use is continuing and that the occupant is compliant with all conditions imposed by the Planning Commission. Failure to renew shall constitute a rebuttable presumption that the home occupation or limited commercial use has ceased, and the holder of the variance must appear before the Planning Commission to obtain a renewal. This provision shall not apply to variances granted prior to March 1, 2010.

(Prior code, § 12.08.030; Ord. No. 864, § 10, 1-26-2010; Ord. No. 914, § 1, 2-9-2016)

Processing plants shall be operated in a manner that will not adversely affect other properties and uses in the area.

(1)

No obnoxious or noxious odors resulting from the processing plant shall be discernible at the outer boundaries of the parcel.

(2)

Wastes shall be so deposited, stored and transmitted from the parcel as to not be objectionable to adjacent properties or create a public nuisance.

(3)

Sounds resulting from the processing plant shall not exceed 60 decibels at the outer boundary of the parcel.

(4)

The applicable standards of the Colorado Department of Public Health and Environment shall be complied with, including methods of disposal of sewage and drainage water as outlined in the Colorado Water Quality Control Act.

(Prior code, § 12.08.040; Ord. No. 914, § 1, 2-9-2016)

Vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, unless they are in a fully enclosed structure, completely concealed behind a privacy fence and/or covered bumper-to-bumper with a fitted opaque cover.

(Prior code, § 12.08.050; Ord. No. 766, § C, 9-12-2000; Ord. No. 914, § 1, 2-9-2016)

For purposes of this Chapter, major recreational equipment is defined as including 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 or not occupied by such equipment.

(1)

No major recreational equipment shall be parked or stored more than seven days on any public property that is not designated for that specific use.

(2)

A visitor may use his or her camper for not more than three weeks if the camper is parked on private property. 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.

(Prior code, § 12.08.060; Ord. No. 914, § 1, 2-9-2016)

In any zone district and on land composed of one or more contiguous parcels, a plan may be submitted to the Planning Commission proposing the unique development of such land for the rehabilitation or redevelopment of an existing area with unique planning, building or ownership techniques not adequately recognized by the terms of this Chapter for the zone district in which the land is located. A public hearing shall be held as required by Section 16-3-40 of this Chapter. If, in the judgment of the Planning Commission, the objectives set forth below can be satisfied, the Planning Commission may approve such a plan and its approval shall be final and binding and permits shall be issued. No subsequent change in the plan may be made unless approved by the Planning Commission after a public hearing.

(1)

If residential, the overall net density of the area so planned, exclusive of the street rights-of-way, is not greater than if each individual parcel were built upon with a lot size conforming to the requirements of the zone district.

(2)

The plan provides for the use and continuous maintenance of any remaining open space as public land if the City Council will accept such land, or as land common to all properties or controlled by a corporation composed of all present and future owners of all property within the proposed development and provision is made for the recording of such with each deed.

(3)

Exception to minimum setback and lot width and depth requirements for each building can reasonably be made so that the public health, safety and general welfare will be protected.

(4)

Setbacks on the periphery of the area are not less than those required for the zone district in which the building complex is located; provided, however, that front setback requirements on the interior streets or service drives may be changed.

(5)

The plan is in accordance with the Comprehensive Plan and provides appropriate conditions and safeguards in harmony with the general purpose and intent of this Chapter.

(6)

The property is to be provided with adequate access to transportation, water supply, waste disposal, fire and police protection and other needed public facilities and services.

(7)

The plan will cause no undue traffic congestion or create unnecessary traffic hazards in the surrounding neighborhood.

(8)

The plan will provide traffic access ways, interior circulation ways and parking and loading spaces as required for the zone district in which the land is located.

(9)

The plan will not have a substantially adverse effect upon the character of the neighborhood or upon adjacent property values in the area.

(10)

The plan will incorporate adequate safeguards, screening, fences and landscaping to protect and maintain harmony with the surrounding area.

(11)

This provision is specifically intended to facilitate and encourage unique or inventive development ideas, such as cluster plans, variable density arrangements, condominium arrangements, garden apartments, shopping centers, industrial parks and common grounds and facilities.

(12)

All other zoning regulations shall apply to planned unit developments for each appropriate district.

(Prior code, § 12.08.070; Ord. No. 914, § 1, 2-9-2016)

Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project into a required yard or into required open space as established by coverage standards.

(Prior code, § 12.08.080; Ord. No. 914, § 1, 2-9-2016)

For the purpose of this Section, a public utility is defined to be a water, irrigation, sewer, gas, electric, telephone, cable television, bus, taxi, ambulance or railroad system; or an installation which serves five or more customers, whether or not franchised or organized as a corporation or district. Public utility installations shall be subject to the following requirements:

(1)

Distribution, transmission and service lines requiring simple easements or installation in public rights-of-way or installed under a franchise agreement with the City and usual customer facilities shall not be subject to zoning requirements.

(2)

Special services facilities, such as water reservoirs, sewage lagoons, switching yards, pumping stations and other components, and equipment installations on land owned or leased and where the equipment is fenced or placed in a building, shall not be constructed until a special use permit has been issued by the Planning Commission.

(Prior code, § 12.08.090; Ord. No. 914, § 1, 2-9-2016)