(a)

Designation of districts. For the purpose of carrying out the provisions of this Chapter, the City is hereby divided into the following districts as show on the Official Zoning Map, which shall be known and designated as follows:

(1)

A-O Agricultural-Open District.

(2)

R-0 Large Lot Residential District.

(3)

R-1 Low Density Residential District.

(4)

R-2 Medium and High Density Residential District.

(5)

M-1 Mobile Home Low Density Residential District.

(6)

C-1 Neighborhood and Tourist Commercial District.

(7)

C-2 Community Commercial District.

(8)

L-I Wholesale-Light Industrial District.

(9)

H-I Heavy Industrial District.

(10)

CDC Criminal Detention Center.

(b)

Boundaries of districts. The location and boundaries of the zoning districts hereby established are shown on the map entitled "Official Zoning Map: Walsenburg, Colorado," and is hereby made, along with explanatory matter thereon, a part of this Chapter. The official map shall be filed at the office of the City Clerk, shall be kept current at all times. All amendments to the Zoning Map shall be in conformity with Article 3, Division 3 of this Chapter and shall be recorded on the map within 24 hours of adoption, showing the general location, effective date and nature of the change.

(c)

Determination of district boundaries. In determining the boundaries of zone districts shown on the zoning map, the following rules shall apply:

(1)

Unless otherwise indicated, the zone boundaries are the centerlines of rights-of-way for streets, roads, highways, alleys, ditches and railroads or such lines extended.

(2)

In unsubdivided land or land not having centerlines of rights-of-way or any features as mentioned above, the zoning district boundaries shall be determined by use of the scale on the Official Zoning Map, or the district boundaries may be established by use of the land section coordinate system.

(3)

Where a district boundary is shown by a specific dimension as being located at any given distance from any right-of-way line, such specific dimension shall govern.

(4)

The Board of Zoning Adjustment shall, upon application or upon its own motion, determine the location of boundaries in cases where uncertainty exists, after the application of the rules of this Chapter.

(Prior Zoning Code, § 1-5)

(a)

No building shall be erected, converted, enlarged, placed or reconstructed, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.

(b)

No building shall be erected, converted, enlarged, placed, reconstructed or structurally altered to exceed the height limits herein established.

(c)

No building shall be erected, converted, enlarged, placed, reconstructed or structurally altered except in conformity with the area and special regulations of the district in which the building is located.

(d)

The minimum yards and open spaces, including lot areas, as established by these regulations shall not be reduced beyond the district requirements specified herein. No yards or lots existing at the time of the adoption of the initial ordinance codified herein shall hereafter be reduced below the minimum dimensions or areas required by this Chapter.

(e)

Every building hereafter erected or structurally altered shall be located on lots as herein defined, and in no case shall there be more than one main building on one lot, except as otherwise provided herein.

(f)

The listing of any use as being permitted in any particular district shall be deemed to be an exclusion of such use from any other district unless such use is specifically permitted in another district under the language set forth in this Chapter.

(g)

No building shall be erected, converted, enlarged, placed or reconstructed on lots without direct access by frontage on a public street.

(h)

Every building hereafter erected upon a tract of ground that is not served by either public sewer or public water service, in addition to the district requirements, shall provide a minimum lot area of not less than 20,000 square feet, and in no case shall a leach field extend beyond the property line.

(i)

Every building hereafter erected shall be located on lots in which 50 percent of the minimum required lot area or 20,000 square feet, whichever is less, shall be in slopes of less than 15 percent.

(j)

No part of an area or width required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width required for another principal structure or building.

(Prior Zoning Code, § 1-8)

(a)

The regulations contained herein are not retroactive in their application to existing buildings and uses, except as specified in Article 3, Division 4 of this Chapter regarding nonconforming uses.

(b)

An open, unenclosed porch or paved terrace may project into a front yard for a distance not exceeding five feet. An unenclosed vestibule containing not more than 40 square feet may project into a front or rear yard for a distance not to exceed three feet.

(c)

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

(d)

In computing yard and open space requirements, width, rails or fences up to a height of four feet shall not be considered.

(e)

The height limitations of this Chapter shall not apply to chimneys, church spires, flag poles, public monuments, radio and television antennae, commercial radio and television towers, water tanks, elevator enclosures and public utility poles and towers.

(f)

Established front yards may be adjusted according to prevailing setbacks in the following cases:

(1)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required, then:

a.

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on each side; or

b.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(2)

The required side yard on the street side of a corner lot shall be one-half the required front yard on such street, provided that no adjacent structures front on the same street, in which case the entire required front yard must be provided, and no accessory building shall project beyond the required front yard on either street.

(g)

Where any existing lots have double frontage, the required front yard need only be provided on one street frontage.

(Prior Zoning Code, § 1-9)

(a)

The listing of any use as being allowed in any particular district shall be deemed to be an exclusion of such use from a more restrictive district unless such use is specifically allowed in the more restrictive district under the language set forth for that district.

(Prior Zoning Code, § 1-10; Ord. No. 1156, § 1, 5-25-2021)

The Agricultural-Open (A-O) District is intended to be applied in areas which are not yet ready for development into urban usage. In addition, this zoning classification is suitable for lands which are available for public and semi-public use or which, due to physical limitations, should be protected from more intense development.

(Prior Zoning Code, § 3-1)

The following uses shall be permitted by right in the A-O District:

(1)

Single-family dwelling units.

(2)

Home occupations.

(3)

Accessory uses and structures.

(4)

Storage of a camping unit or boat, when such camper or boat is not used as a dwelling or as accessory living quarters and is not connected to utilities, other than temporarily to a source of electricity.

(5)

Parking incidental to uses permitted in this District, provided that all vehicles parked are in operative condition.

(6)

Scenic areas.

(7)

Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock produced on the premises, including both irrigated and non-irrigated agriculture.

(8)

Churches, schools, libraries, community centers and other public buildings.

(9)

Public and private parks and recreational facilities of a noncommercial nature.

(10)

Research, religious and philanthropic institutions, but not including penal or mental institutions.

(11)

The grazing of cattle, sheep, goats or horses, including supplementary feeding, provided that such grazing is conducted in a fenced area and is not a part of or conducted in conjunction with any dairy, feed yard or livestock sales yard. All such uses must comply with other City ordinances relating to keeping animals in the City.

(Prior Zoning Code, § 3-1; Ord. No. 1041, § a, 1-7-2014; Ord. No. 1058, § a, 4-7-2015; Ord. No. 1106, § 1, 10-3-2017; Ord. No. 1126, § 1, 4-4-2019)

The following uses are permitted in this District, but only if they comply with the conditions specified for such use:

(1)

Real estate sales office, not exceeding 1,500 square feet of floor space, used in connection with a specific development for a period of not more than three years.

(2)

Guest ranch and incidental facilities, including bunkhouses, cabins, stables, corrals, dining areas, incidental retail sales and services and personal services, provided that such ranch is located on a site containing not less than 20 acres.

(3)

Hunting, fishing and recreational resorts, including incidental facilities, provided that such uses are located on sites containing not less than 20 acres.

(4)

Cemeteries, including a columbarium, mausoleum or crematory, provided that any site for a new cemetery shall contain at least ten acres.

(5)

Drive-in theaters, provided that they comply with the following requirements:

a.

Ingress and egress for any site abutting a state highway shall be approved by the Colorado Department of Transportation.

b.

Any building or structure shall be at least 50 feet from any street on any side where ingress and egress is permitted.

c.

Any area of the site accessible to vehicles of patrons shall be surfaced with gravel, oil or other higher type paving.

d.

Any screen less than 500 feet from a county road or state or federal highway shall be so located or shielded that the projection surface cannot be seen from such road or highway.

e.

The site shall be enclosed by a solid wall or fence at least four feet high, except that vision clearance must be maintained at all intersections of entrances and exits with public ways.

(6)

Amusement enterprises, provided that any lighting shall be so located, screened or shaded as not to reflect off the premises, and provided that the following conditions are met:

a.

Baseball batting or archery range, provided that the area shall be fenced or otherwise designed to prevent any balls or arrows from going off the premises.

b.

Circus, carnival, bazaar, fair, tent meeting, crusade or enterprise of similar type, provided that it is located at least 300 feet from any dwelling which is a conforming use. Such enterprise shall be permitted at one location for a period of not more than seven days.

c.

Golf driving range, including commercial activities specifically related to the operation of the use, such as a pro shop for the sale or rental of golf equipment and the usual concession stands, provided that the site contains at least six acres and that fencing shall be provided or the use is so designed as to prevent balls from being driven off the premises.

d.

Cart track, including "go-cart" track and similar facility, provided that the site contains at least five acres. The track shall be located at least 1,000 feet from any dwelling and at least 100 feet from any public way. The spectator area shall be protected from the vehicular area by suitable fencing, bumpers or other protective devices. Any off-street parking area shall be subject to the off-street parking requirements specified elsewhere in this Chapter.

(7)

Campgrounds containing a minimum gross area of ten acres, subject to compliance with Article 12, Division 3 of this Chapter.

(8)

Private boat launches located on a site at least one acre in size.

(9)

Colleges, universities and other institutions of higher learning, public and private, offering courses in general, technical or religious education, and not operated for profit, which are subject to the following conditions:

a.

Any use permitted herein shall be developed only on sites of at least 40 acres in area.

b.

All ingress to and egress from said site shall be directly on to a major highway, major or arterial street or collector street having an existing or planned right-of-way of at least 80 feet.

c.

No building or other structure shall be closer than 50 feet to any property line.

(10)

Ambulance barns, provided that such ambulance barn is not located within 1,000 feet of any pre-existing confined animal feeding operation properly allowed under this Chapter.

(Prior Zoning Code, § 3-1; Ord. No. 1001, § 1, 6-17-2011)

The following uses may be allowed in this District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Day nurseries and kindergartens.

(2)

Public utility substations, regulation stations or aboveground distribution facilities.

(3)

Country clubs.

(4)

Golf courses.

(5)

Airports, public and private.

(6)

Water storage tanks, water reservoirs, sewage lagoons and sewage treatment plants.

(7)

Oil drilling, mineral extraction and excavation activities.

(8)

Sanitary landfill.

(9)

Kennels, animal hospitals or the breeding, boarding or sale of domestic animals.

(10)

Hospitals, sanitariums, nursing homes and convalescent homes.

(11)

Commercial recreational facilities other than those specifically mentioned as conditional uses allowed above.

(12)

Penal and mental institutions.

(13)

Youth activity camps.

(14)

Day care centers.

(15)

Planned unit developments.

(16)

Medical marijuana centers.

(17)

Medical marijuana-infused products manufacturing.

(18)

Retail marijuana stores.

(19)

Retail marijuana products manufacturing.

(20)

Retail marijuana testing facilities.

(21)

Retail Marijuana Cultivation Facilities.

(22)

Optional premises cultivation of medical marijuana.

(Prior Zoning Code, § 3-1; Ord. No. 1041, § a, 1-7-2014; Ord. No. 1058, § a, 4-7-2015; Ord. No. 1106, § 1, 10-3-2017; Ord. No. 1126, § 1, 4-4-2019)

(a)

Building height. The building height standards for this District are as follows:

(1)

No dwelling or other structure, except for agricultural use, shall exceed 2½ stories or 35 feet in height.

(2)

There shall be no height limitations for agricultural buildings.

(3)

Minimum height regulations lesser than those provided herein may be set forth by special regulations for buildings in an airport approach zone.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: 800 square feet per dwelling unit.

(2)

Minimum lot area:

a.

One acre per dwelling unit.

b.

One-half acre for all other uses permitted by right.

c.

For conditional uses, one acre unless otherwise specified in this Chapter or by the Planning and Zoning Commission.

(c)

Minimum lot frontage. The minimum lot frontage for this District is as follows:

(1)

Each dwelling unit: 125 feet.

(2)

Other principal structures: 100 feet.

(d)

Minimum front yard. Measured from the front property line, there shall be a front yard of not less than 25 feet for all principal structures, unless otherwise specified by the Planning and Zoning Commission.

(e)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than 15 feet.

(f)

Minimum side yard. Measured from the side property lines, there shall be side yards of not less than ten feet on each side of the lot.

(g)

Net density. The maximum percentage of a single lot area (or combination of several lot areas in the same ownership applied to one primary use) which may be covered by buildings or structures in this District is 30 percent.

(Prior Zoning Code, § 3-1)

The Large Lot Residential (R-0) District is intended to provide for large lot subdivisions, permitting maximum usage of topographic features in areas not suitable for more dense residential development. In addition, this zoning classification is suitable for protecting lands which are available for institutional use from more intense development.

(Prior Zoning Code, § 3-2)

The following uses shall be permitted by right in the R-0 District:

(1)

Single-family dwelling units.

(2)

Home occupations.

(3)

Accessory uses and structures.

(4)

Storage of a camping unit or boat, when such camper or boat is not used as a dwelling or as accessory living quarters and is not connected to utilities, other than temporarily to a source of electricity.

(5)

Parking incidental to uses permitted in this District, provided that all vehicles parked are in operative condition.

(6)

Crop, orchard and garden uses.

(7)

Churches, libraries, museums and art galleries.

(8)

Hospitals, sanitariums, nursing homes and convalescent homes.

(9)

Public and private parks and recreational facilities of a noncommercial nature.

(10)

Research, religious and philanthropic institutions, but not including penal or mental institutions.

(Prior Zoning Code, § 3-2)

The following uses are permitted in the R-0 District, but only if they comply with the conditions specified for use:

(1)

Real estate sales offices not exceeding 1,500 square feet of floor space, used in conjunction with a specific development for a period of not more than two years.

(2)

Cemeteries, including a columbarium, mausoleum or crematory, provided that any site for a new cemetery shall contain at least ten acres.

(3)

Carnivals, bazaars, fairs, tent meetings, crusades or enterprises of similar type, provided that they are located at least 200 feet from any dwelling. Such enterprise shall be permitted at one location for a period of not more than seven days.

(Prior Zoning Code, § 3-2)

The following uses may be allowed in the R-0 District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Day nurseries and kindergartens.

(2)

Schools (public and private).

(3)

Public utility substations, regulation stations or aboveground distribution facilities.

(4)

Country clubs.

(5)

Golf courses.

(6)

Water storage tanks, water reservoirs, sewage lagoons and sewage treatment facilities.

(7)

Oil drilling, mineral extraction and excavation activities.

(8)

Commercial recreational activities.

(9)

Animal hospitals.

(10)

Public buildings and uses not itemized elsewhere.

(11)

Colleges, universities and other institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit.

(12)

Medical and dental offices and clinics.

(13)

Planned unit developments.

(14)

Medical marijuana centers.

(15)

Optional premises cultivation of medical marijuana.

(16)

Medical marijuana-infused products manufacturing.

(17)

Retail marijuana stores.

(18)

Retail marijuana cultivation facilities.

(19)

Retail marijuana products manufacturing.

(20)

Retail marijuana testing facilities.

(Prior Zoning Code, § 3-2; Ord. No. 1041, § a, 1-7-2014; Ord. No. 1058, § a, 4-7-2015)

(a)

Maximum building or structure height. No building or structure shall exceed 35 feet in height.

(b)

Area regulations. The area regulations for this district are as follows:

(1)

Minimum floor area: 850 square feet per dwelling unit.

(2)

Minimum lot area:

a.

Single-family dwelling: 12,000 square feet.

b.

For all conditional uses: 6,000 square feet unless otherwise specified in this Chapter or by the Planning and Zoning Commission.

(c)

Minimum lot frontage. The minimum lot frontage is 60 feet.

(d)

Minimum front yard. The minimum front yard, measured from the front property line, is:

(1)

Principal structures: 20 feet.

(2)

Accessory buildings: 55 feet.

(e)

Minimum rear yard. The minimum rear yard, measured from the rear property line, is:

(1)

Principal structures: 15 feet.

(2)

Garage with entrance facing alley: five feet.

(3)

Accessory building or structure: five feet.

(f)

Minimum side yard. The minimum side yard, measured from the side property lines, for all buildings or structures, is not less than five feet.

(g)

Net density. The maximum percentage of a single lot area (or combination of several lot areas in the same ownership applied to one principal use) which may be covered by buildings or structures in this District is 60 percent.

(Prior Zoning Code, § 3-2; Ord. No. 1065, § a, 6-2-2015)

The Low Density Residential (R-1) District is intended to be applied in areas with existing utilities service which are primarily suitable for single-family dwellings on standard residential lots.

(Prior Zoning Code, § 3-3)

The following uses shall be permitted by right in the R-1 District:

(1)

Single-family dwelling units.

(2)

Duplexes (two-family dwellings).

(3)

Triplexes (three-family dwellings).

(4)

Home occupations.

(5)

Accessory uses and structures.

(6)

Storage of a camping unit or boat, when such camper or boat is not used as a dwelling or as accessory living quarters and is not connected to utilities other than temporarily to a source of electricity.

(7)

Parking incidental to uses permitted in this District, provided that all vehicles parked are in operative condition.

(8)

Churches and religious buildings.

(9)

Day nurseries and kindergartens.

(10)

Cultivation of vegetables, plants, flowers and nursery stock.

(11)

Public and private parks and recreational facilities of a noncommercial nature.

(12)

Noncommercial libraries, museums and art galleries.

(13)

Schools (public and private).

(14)

Fire stations, police stations and community and neighborhood centers.

(Prior Zoning Code, § 3-3)

The following uses are permitted in the R-1 District, but only if they comply with the conditions specified for use:

(1)

Real estate sales offices not exceeding 1,000 square feet of floor space, used only in connection with real estate sales for a particular subdivision for a period of not more than two years.

(2)

Carnivals, bazaars or fairs, provided that they are located at least 75 feet from any dwelling. Such enterprise shall be permitted at one location for a period of not more than three days.

(Prior Zoning Code, § 3-3)

The following uses may be allowed in the R-1 District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Public utility substations, regulation stations or aboveground distribution facilities.

(2)

Country clubs.

(3)

Water pumping stations.

(4)

Public buildings and uses not itemized elsewhere.

(5)

Medical and dental offices and outpatient clinics.

(6)

Planned unit developments.

(Prior Zoning Code, § 3-3)

(a)

Maximum building or structure height. No dwelling or other structure shall exceed 35 feet in height.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: 850 square feet per dwelling unit.

(2)

Minimum lot area:

a.

Per single-family dwelling: 6,000 square feet.

b.

Per duplex: 9,000 square feet.

c.

Per triplex: 12,000 square feet.

d.

All conditional uses: 6,000 square feet unless otherwise specified by the Planning and Zoning Commission.

(c)

Minimum lot frontage. The minimum lot frontage is 50 feet.

(d)

Minimum front yard. The minimum front yard, measured from the front property line, is:

(1)

Principal structures: 15 feet.

(2)

Accessory buildings: 55 feet.

(e)

Minimum rear yard. The minimum rear yard, measured from the rear property line, is:

(1)

Principal structures: 20 feet.

(2)

Garage with entrance facing alley: five feet.

(3)

Accessory building or structure: five feet.

(f)

Minimum side yard. The minimum side yard, measured from the side property lines, is not less than five feet.

(g)

Net density. The maximum percentage of a single lot area (or combination of several lot areas in the same ownership applied to one principal use) which may be covered by buildings or other structures in this District is 60 percent.

(Prior Zoning Code, § 3-3; Ord. No. 1065, § b, 6-2-2015)

The Medium and High Density Residential (R-2) District is intended to provide greater flexibility in the development of new residential neighborhoods in areas which are suitable for more intense residential development. The zoning classification is suitable for certain new residential areas or for old residential neighborhoods undergoing transition. While termed a Medium and High Density District, actual residential densities are limited to not more than 16 units per acre.

(Prior Zoning Code, § 3-4)

The following uses shall be permitted by right in the R-2 District:

(1)

All uses enumerated as a use permitted by right in the R-1 District.

(2)

Multi-family residences, including row houses, townhouses, apartments, condominiums and other forms of multi-family housing units.

(3)

Boarding and rooming houses.

(4)

Nursing and convalescent homes.

(5)

Medical and dental offices and outpatient clinics.

(6)

Parking incidental to any use permitted in this District, provided that all vehicles parked are in operative condition.

(Prior Zoning Code, § 3-4)

The following uses are permitted in the R-2 District, but only if they comply with the conditions specified for use:

(1)

Carnival, bazaar or fair, provided that it is located at least 50 feet from any dwelling. Such enterprise shall be permitted at one location for a period of not more than three days.

(2)

Mobile home park, provided that it complies with City and state regulations on mobile home parks.

(Prior Zoning Code, § 3-4)

The following uses may be permitted in the R-2 District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Public utility substations, regulation stations or aboveground distribution facilities.

(2)

Country clubs.

(3)

Water pumping stations and sewer lift stations.

(4)

Public buildings and uses not itemized elsewhere.

(5)

Hospitals, sanitariums and medical centers (with incidental pharmaceutical services).

(6)

Medical laboratories.

(7)

Undertaking establishments and mortuaries.

(8)

Radio and television studios.

(9)

Fraternity houses, sorority houses and meeting halls for fraternal or benevolent societies or for nonprofit organizations.

(10)

Planned unit developments.

(Prior Zoning Code, § 3-4)

(a)

Maximum building or structure height. No dwelling or other structure shall exceed 50 feet in height.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: 850 square feet per dwelling unit.

(2)

Minimum lot area:

a.

Single-family dwelling: 6,000 square feet.

b.

Duplex: 9,000 square feet.

c.

Triplex: 12,000 square feet.

d.

All conditional uses: 6,000 square feet unless otherwise specified by the Planning and Zoning Commission.

(c)

Minimum lot frontage. The minimum lot frontage is 50 linear feet plus ten linear feet for each additional dwelling unit in excess of one.

(d)

Minimum front yard. The minimum front yard, measured from the front property line, is:

(1)

Principal structure: 15 feet.

(2)

Accessory buildings: 55 feet.

(e)

Minimum rear yard. The minimum rear yard, measured from the rear property line, is:

(1)

Principal structure: ten feet.

(2)

Garage with entrance facing alley: five feet.

(3)

Accessory building or structure: five feet.

(f)

Minimum side yard. The minimum side yard, measured from the side property lines, is not less than five feet.

(g)

Net density.

(1)

The maximum percentage of a single lot area (or combination of several lot areas in the same ownership applied to one principal use) which may be covered by buildings or other structures in this District is 60 percent.

(2)

The residential density of multi-family housing shall not exceed 16 dwelling units per acre.

(Prior Zoning Code, § 3-4; Ord. No. 1065, § c, 6-2-2015)

The Mobile Home Low Density Residential (M-1) District is intended to be applied in certain areas with existing utilities service suitable for mobile homes for single-family dwellings on standard residential lots.

(Prior Code, § 17.04.065)

The following uses are permitted by right in the M-1 District:

(1)

Single-family dwelling units.

(2)

Home occupations.

(3)

Accessory uses and structures.

(4)

Storage of a camping unit or boat when the camper or boat is not used as a dwelling unit or as accessory living quarters and is not connected to utilities other than temporarily to a source of electricity.

(5)

Parking incidental to uses permitted in this District, provided that all vehicles parked are in operative condition.

(Prior Code, § 17.04.065)

(a)

All mobile homes within the M-1 District shall be connected to existing City utilities, including sewer, water and natural gas.

(b)

All mobile homes shall be secured with tie-down straps, be placed upon blocks or a foundation and have skirting in place around the entire base.

(c)

No dwelling or other structure shall exceed the normal height of a standard mobile home or standard one-car or two-car garage.

(Prior Code, § 17.04.065)

The area regulations of the M-1 District are as follows:

(1)

Minimum floor area: 500 square feet per dwelling unit.

(2)

Minimum lot area: 6,000 square feet per single-family dwelling.

(3)

Minimum lot frontage: 50 feet.

(4)

Minimum front yard measured from the front property line. There shall be a front yard of not less than ten feet for all principal structures, unless otherwise specified by the Planning and Zoning Commission.

(5)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than ten feet.

(6)

Minimum side yard. Measured from the side property lines, there shall be side yards of not less than five feet on each side of the lot.

(7)

Net density. The maximum percentage of a single lot area (or combination of several lot areas in the same ownership applied to one principal use) which may be covered by buildings or other structures in this District is 50 percent.

(8)

All mobile homes within this District shall be connected to existing City utilities, including sewer, water, electricity and natural gas.

(9)

All mobile homes shall be secured with tie-down straps, be placed upon blocks or a foundation and have skirting in place around the entire base.

(10)

The only use allowed in this District shall be for single-family use.

(Prior Code, § 17.04.065)

The Neighborhood and Tourist Commercial (C-1) District is intended to accommodate the need for neighborhood convenience outlets, tourist commercial and other highway commercial activities. This classification is suitable for certain land adjacent to major arterials intersecting the community.

(Prior Zoning Code, § 3-5)

The following uses shall be permitted by right in the C-1 District:

(1)

All uses enumerated by right in the R-2 District.

(2)

Professional and business offices and studios.

(3)

Financial institutions.

(4)

Public facilities and public utility buildings.

(5)

Theaters (indoor).

(6)

Undertaking establishments and mortuaries.

(7)

Restaurants, delicatessens, cafes and other places serving food, including drive-in restaurants.

(8)

Car washes.

(9)

Radio and television studios.

(10)

Commercial outdoor recreational facilities.

(11)

Indoor amusement enterprises, including but not limited to billiard or pool halls, bowling alleys, boxing arenas, dance halls, games of skill, penny arcades, skating rinks and swimming pools.

(12)

Book stores, stationery stores, newsstands and printing, publishing, lithography, blueprinting or copying establishments.

(13)

Fraternity houses, sorority houses and meeting halls for fraternal or benevolent societies or for nonprofit organizations.

(14)

Medical laboratories.

(15)

Coin-operated laundry establishments.

(16)

All business of a retail or service nature, including but not limited to retail outlets, such as grocery stores, meat markets, pharmacies, florists, art shows, gifts shops and notions stores, and service establishments such as barber shops, beauty parlors, photography studios and commercial health facilities.

(17)

Hotels and motels.

(18)

Taxidermists.

(19)

Parking incidental to any use permitted in this District, provided that all vehicles parked are in operative condition.

(Prior Zoning Code, § 3-5; Ord. No. 1081, § 1, 12-15-2015)

The following uses are permitted in the C-1 District, but only if they comply with the conditions specified for use:

(1)

Carnival, bazaar or fair, provided that it is located at least 50 feet from any dwelling. Such enterprise shall be permitted at one location for not more than three days.

(2)

Bakery, provided that all products produced are sold on the premises.

(3)

Cleaning, clothes pressing, laundry and drying establishments, provided that:

a.

Highly inflammable or combustible materials are not used in the cleaning process.

b.

All activities are conducted within an enclosed building.

c.

The establishment is operated principally as a retail business.

d.

That portion of the building in which the cleaning process is done shall be at least 50 feet from any R-0, R-1 or R-2 District.

(4)

Nursery or greenhouse, provided that all outdoor storage is enclosed by a solid six-foot-high wall or fence.

(5)

Retail store, business or shop in which products may be manufactured, compounded, processed, assembled or treated, including carpentry, ceramics, furniture making, plumbing, sheet metal working, toy making, upholstering, sign painting, making of rubber or metal stamps, interior decorating, catering, confectionery making, weaving or jewelry or curio making, provided that it complies with the following requirements:

a.

All activities shall be conducted within a completely enclosed building, and any outside storage shall be enclosed by a six-foot-high solid wall or fence on all sides.

b.

Any such store shall be operated principally as a retail business.

c.

Activities or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other cause.

(6)

Retail liquor sales and consumption, provided that a valid liquor license is issued.

(7)

Automobile filling and service station, provided that major automobile repairs are not provided as a routine service.

(8)

Pet shop, pawn shop and antique shop, provided that all activities are conducted within a completely enclosed building.

(9)

Used automobile, truck, motorcycle and camper sales and service, provided that all vehicles are in operative condition. The sale and display of said items must be on a private lot and shall not be displayed on a City street or sidewalk.

(10)

Auto repair, provided that vehicles under repair shall be stored in an area enclosed by a six-foot-high privacy fence or chain-link fence.

(11)

A residential unit, provided it complies with the following conditions:

a.

The residential unit complies with current building and safety codes adopted by the City of Walsenburg or mandated by the State of Colorado.

b.

The residential unit complies with the Zoning Code of the City of Walsenburg.

c.

The area used as a residential unit is situated within a building and physically separated from the area used for a commercial business.

d.

The residential unit has not less than one exit door separate from the commercial business.

e.

The Building Inspector has inspected the entire building and issued a written report on the condition of the building suitable for the issuance of a building permit.

f.

A commercial business is currently located in the building or will commence operation concurrently with the occupation of the residential unit.

g.

A minimum of two off-street parking spaces per residential unit exists and unit complies with Article 6 of this Chapter.

h.

All residential units located on a ground level floor must meet these conditions in addition to those conditions above:

1.

The maximum ground level floor space a residential unit may utilize is 35 percent of the total ground level floor space.

2.

The minimum ground level floor space a commercial business may utilized is 65 percent of the total floor space on the ground floor.

3.

The commercial business must be located in the front of the ground floor and the residential unit must be located to the rear of the commercial business. The front is defined as the side of the floor containing the primary entrance into the commercial business.

4.

Not more than one residential unit may be located on the ground floor.

5.

The residential unit may be occupied during the following periods only:

i.

While a commercial business actively utilizes the minimum ground level floor space for commercial business operations.

ii.

For not more than 12 months prior to a commercial business commencing business on the ground floor or 12 months subsequent to a ground floor commercial business ceasing business so long as the owner actively markets the ground floor or entire building for lease or purchase during that time. The term "actively markets" means continuously advertising for lease or sale or having a current contract with a third party real estate broker for the lease or sale of the ground floor or building.

i.

All residential units on floors above the ground level floor must meet these conditions in addition to those conditions above:

1.

Residential units may be located on floors above ground level.

2.

More than one residential unit may be located on each floor above ground level.

3.

The total floor space area utilized by residential units above ground level may be up to 100 percent.

j.

All residential units on floors below the ground floor level must meet these conditions in addition to those conditions above:

1.

Residential units may be located on floors below the ground level as long as each residential unit has a separate door and each sleeping room has at least one operable emergency and rescue opening that meets the standards imposed by the International Residential Code.

2.

More than one residential unit may be located on below ground level floors.

3.

The total floor space area utilized by residential units on floors below ground level may be up to 100 percent.

(12)

New motor vehicle sales and service and new farm equipment sales.

(13)

Used motor vehicle sales, leasing and service by a person holding a current, valid motor vehicle dealer's license or a used motor vehicle dealer's license issued by the Colorado Motor Vehicle Dealer Board and provided that all motor vehicles are in operative condition.

(Prior Zoning Code, § 3-5; Ord. No. 1081, § 1, 12-15-2015; Ord. No. 1097, § 1, 12-13-2016)

The following uses may be allowed in the C-1 District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Public utility substations, regulation stations or aboveground distribution facilities.

(2)

Country clubs.

(3)

Water pumping stations and sewer lift stations.

(4)

Public buildings and uses not itemized elsewhere.

(5)

Medical centers (with incidental pharmaceutical services).

(6)

Criminal detention centers.

(7)

Drive-in theaters.

(8)

Building supply yards.

(9)

Frozen food lockers.

(10)

Planned unit developments.

(11)

Overnight and extended diesel truck and refrigerated trailer idling.

(12)

Medical marijuana centers.

(13)

Optional premises cultivation of medical marijuana.

(14)

Medical marijuana-infused products manufacturing.

(15)

Retail marijuana stores.

(16)

Retail marijuana cultivation facilities.

(17)

Retail marijuana products manufacturing.

(18)

Retail marijuana testing facilities.

(19)

Recreational vehicle parks.

(Prior Zoning Code, § 3-5; Ord. No. 1024, § 1, 5-7-2013; Ord. No. 1041, § a, 1-7-2014; Ord. No. 1058, § a, 4-7-2015; Ord. No. 1155, § 1, 8-3-2021)

(a)

Building height. No dwelling or other structure shall exceed four stories or 50 feet in height.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: no minimum requirements.

(2)

Minimum lot area: no minimum requirements.

(c)

Minimum lot frontage. There are no minimum requirements.

(d)

Minimum front yard. Measured from the front property line, there shall be a front yard of not less than 20 feet for all principal structures, unless otherwise specified by the Planning and Zoning Commission.

(e)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than ten feet.

(f)

Minimum side yard. Measured from the side property lines, there shall be side yards of not less than ten feet on each side of the lot.

(g)

Net density. There are no restrictions other than on setback requirements.

(Prior Zoning Code, § 3-5)

The Community Commercial (C-2) District is intended to provide a central location for a downtown commercial area where businesses can be concentrated in a central area to serve community business needs. Such concentrated business activities foster economic strength and, with proper development standards, create a convenient environment for business interaction.

(Prior Zoning Code, § 3-6)

The following uses shall be permitted by right in the C-2 District:

(1)

Professional and business offices and studios.

(2)

Financial institutions.

(3)

Public utility buildings and public facilities, including but not limited to City Hall, civic complex, fire station, courtrooms, police station and community center.

(4)

Theaters (indoor).

(5)

Restaurants, delicatessens, cafes and other places serving food, excluding drive-in restaurants.

(6)

New automobile, truck, motorcycle, mobile home, camper and farm equipment sales.

(7)

Radio and television studios.

(8)

Indoor amusement enterprises, including but not limited to billiard or pool halls, dance halls, games of skill and penny arcades.

(9)

Book stores, stationery stores, newsstands and printing, publishing, lithography, blueprinting or copying establishments.

(10)

Medical laboratories and medical centers.

(11)

Public and private parks and indoor recreational facilities.

(12)

Libraries, museums and art galleries.

(13)

Medical and dental offices and outpatient clinics.

(14)

Meeting halls and offices for fraternal, labor or benevolent societies or other nonprofit organizations.

(15)

Clubs, motor hotels and hotels.

(16)

All business of a retail or service nature, including but not limited to retail outlets, such as grocery stores, meat markets, pharmacies, florists, jewelers, art shops, gift shops, notion stores, clothing stores, sports equipment sales, catalog stores, shoe stores and furniture, hardware or home appliance stores; and service establishments, such as barber shops, beauty parlors, photography studios and commercial health facilities.

(17)

Bus passenger terminals, train terminals and travel agents.

(18)

Churches and nonprofit institutions.

(19)

Community and commercial parking lots: parking incidental to any use permitted in this District, provided that all vehicles parked are in operative condition.

(Prior Zoning Code, § 3-6; Ord. No. 1041, § a, 1-7-2014; Ord. No. 1058, § a, 4-7-2015; Ord. No. 1106, § 1, 10-3-2017; Ord. No. 1126, § 1, 4-4-2019)

The following uses are permitted in the C-2 District, but only if they comply with the conditions specified for use:

(1)

Carnival, bazaar or fair at one location for a period of not more than three days.

(2)

Bakery, provided that all products produced are sold on the premises.

(3)

Cleaning, clothes pressing, laundry and drying establishments, provided that:

a.

Highly inflammable or combustible materials are not used in the cleaning process.

b.

All activities are conducted within an enclosed building.

c.

The establishment is operated solely as a retail business.

(4)

Retail liquor sales and consumption, provided that a valid liquor license is issued.

(5)

Antique shop, provided that all activities are conducted within a completely enclosed building.

(6)

Brew pub, provided that:

a.

A brew pub license is issued for the brew pub premises pursuant to Section 12-47-415, C.R.S.;

b.

The brew pub licensee sells alcohol beverages for on-premises consumption; and

c.

The brew pub licensee complies with the provisions of Section 12-47-415(4), C.R.S., with respect to the sale of food.

(7)

Residential units may be located on the second floor and all floors above the second floor of a building, provided that:

a.

The Fire Code Enforcement Officer and Building Inspector inspect each residential unit located on the second floor and floors above the second floor of a building prior to the unit's initial occupation as a residential unit; and

b.

No residential unit located on the second floor and any floor above the second floor of a building shall be occupied or used as a residential unit until said unit is in compliance with the Fire Code and all building and building maintenance codes then in effect and a certificate of occupancy has been issued by the Building Inspector.

(8)

A residential unit, provided it complies with the following conditions:

a.

The residential unit complies with current building and safety codes adopted by the City of Walsenburg or mandated by the State of Colorado.

b.

The residential unit complies with the Zoning Code of the City of Walsenburg.

c.

The area used as a residential unit is situated within a building and physically separated from the area used for a commercial business.

d.

The residential unit has not less than one exit door separate from the commercial business.

e.

The Building Inspector has inspected the entire building and issued a written report on the condition of the building suitable for the issuance of a building permit.

f.

A commercial business is currently located in the building or will commence operation concurrently with the occupation of the residential unit.

g.

A minimum of two off-street parking spaces per residential unit exists and unit complies with Article 6 of this Chapter.

h.

All residential units located on a ground level floor must meet these conditions in addition to those conditions above:

1.

The maximum ground level floor space a residential unit may utilize is 35 percent of the total ground level floor space.

2.

The minimum ground level floor space a commercial business may utilized is 65 percent of the total floor space on the ground floor.

3.

The commercial business must be located in the front of the ground floor and the residential unit must be located to the rear of the commercial business. The front is defined as the side of the floor containing the primary entrance into the commercial business.

4.

Not more than one residential unit may be located on the ground floor.

i.

All residential units on floors above the ground level floor must meet these conditions in addition to those conditions above:

1.

Residential units may be located on floors above ground level.

2.

More than one residential unit may be located on each floor above ground level.

3.

The total floor space area utilized by residential units above ground level may be up to 100 percent.

j.

All residential units on floors below the ground floor level must meet these conditions in addition to those conditions above:

1.

Residential units may be located on floors below the ground level as long as each residential unit has a separate door and each sleeping room has at least one operable emergency and rescue opening that meets the standards imposed by the International Residential Code.

2.

More than one residential unit may be located on below ground level floors.

3.

The total floor space area utilized by residential units on floors below ground level may be up to 100 percent.

(9)

New motor vehicle sales and service and new farm equipment sales.

(10)

Used motor vehicle sales, leasing and service by a person holding a current, valid motor vehicle dealer's license or a used motor vehicle dealer's license issued by the Colorado Motor Vehicle Dealer Board and provided that all motor vehicles are in operative condition.

(Prior Zoning Code, § 3-6; Ord. No. 1033, § a, 9-3-2013; Ord. No. 1034, § a, 9-3-2013; Ord. No. 1081, § 1, 12-15-2015; Ord. No. 1097, § 1, 12-13-2016)

The following uses may be allowed in the C-2 District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter.

(1)

Telephone exchanges.

(2)

Undertaking establishments and mortuaries.

(3)

Automobile filling and service stations, provided that major automobile repairs are not provided as a routine service.

(4)

Public buildings and uses not itemized elsewhere.

(5)

Criminal detention centers.

(6)

Planned unit developments.

(7)

Overnight and extended diesel truck and refrigerated trailer idling.

(8)

Optional premises cultivation of medical marijuana.

(9)

Medical marijuana-infused products manufacturing.

(10)

Retail marijuana cultivation facilities.

(11)

Retail marijuana products manufacturing.

(12)

Retail marijuana testing facilities.

(13)

Retail marijuana stores.

(14)

Optional premises cultivation of medical marijuana.

(15)

Medical marijuana centers.

(16)

Commercial kitchens and/or bakeries, not part of a restaurant, delicatessen or café, that prepare food and/or edible items for consumption off premises and on premises and not involving any oil extraction process.

(Prior Zoning Code, § 3-6; Ord. No. 1024, § 2, 5-7-2013; Ord. No. 1041, § a, 1-7-2014; Ord. No.1058, § a, 4-7-2015; Ord. No. 1106, § 1, 10-3-2017; Ord. No. 1126, § 1, 4-4-2019; Ord. No. 1136, § 1, 3-3-2020)

(a)

Building height. No dwelling or other structure shall exceed four stories or 60 feet in height.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: No minimum requirements.

(2)

Minimum lot area: No minimum requirements.

(c)

Minimum lot frontage. There is no minimum requirement.

(d)

Minimum front yard. There is no minimum requirement.

(e)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than the following:

(1)

If abutting an alley: no minimum requirements.

(2)

If abutting a street or other property line: ten feet.

Note: Buildings located on double frontage lots and which provide general access to both street frontages do not require any front or rear setbacks in this District.

(f)

Minimum side yard. None is required, but where it is provided, a minimum of five feet is required.

(g)

Net density. There are no restrictions other than on setback requirements.

(Prior Zoning Code, § 3-6)

The Wholesale-Light Industrial (L-I) District is intended to provide for light manufacturing, light fabricating, warehousing and wholesale distribution in locations with nearby access to major highways or railroads. The uses permitted in this District are the type that would be an economic asset to the area without generating adverse environmental conditions, such as excessive light, noise, smoke, vibration, heat, odor, dust or vulnerability to fire or explosion.

(Prior Zoning Code, § 3-7)

The following uses shall be permitted by right in the L-I District:

(1)

Car washes and coin-operated laundries.

(2)

Laboratories, experimental or testing.

(3)

Newsstands and printing, publishing, lithography, blueprinting or copying establishments.

(4)

Public utility building substations, regulation stations or aboveground distribution facilities and public facilities, including but not limited to fire stations, police stations, maintenance shops and neighborhood centers.

(5)

Bus terminals, train terminals and trucking terminals.

(6)

Indoor and outdoor recreational facilities and amusement enterprises.

(7)

Animal hospitals.

(8)

Lumber and building supply yards.

(9)

Water pumping stations, sewer lift stations and water storage tanks.

(10)

Bottling works.

(11)

Bakeries and dairies.

(12)

Cleaning, clothes pressing, laundry and drying establishments.

(13)

Frozen food lockers, cold storage plants and ice plants.

(14)

Business offices.

(15)

Restaurants, cafes and other places serving food, including drive-in restaurants.

(16)

Upholstery shops or machine shops.

(17)

Trade or industrial schools.

(18)

Automobile filling stations.

(19)

Commercial greenhouses and nurseries.

(20)

Warehousing activities.

(21)

Wholesale distributor and/or sales without open storage facilities.

(22)

Manufacturing, compounding, assembling or treatment of articles made from the following materials: bone, shell, cellophane, cork, fiber, fur, glass, horn, leather, precious or semi-precious metals or gems, paint (not involving a boiling process), paper, plastics, textiles, yarn, tobacco or wood.

(23)

Manufacturing, compounding, processing, packaging, treating, assembling, maintaining, repairing, overhauling or rebuilding of the following products: batteries, candy, cosmetic goods, toiletries, food products, drugs, pharmaceutical goods, electrical appliances, electronic instruments, pottery, figurines, ceramics (provided that only previously pulverized clay and kilns fired by electricity or gas shall be used), signs, including electric or neon, billboards, commercial advertising structures, toys and novelties.

(24)

Commercial parking lots: parking incidental to any use permitted in this District, provided that all vehicles parked are in operative condition.

(25)

Restaurant malls: a mall wholly contained inside a single building currently and continually anchored by an operating restaurant and containing popup shops selling at retail merchandise or personal services.

(Prior Zoning Code, § 3-7; Ord. No. 1041, § a, 1-7-2014; Ord. No. 1058, § a, 4-7-2015; Ord. No. 1106, § 1, 10-3-2017; Ord. No. 1126, § 1, 4-4-2019; Ord. No. 1168, § 1.a, 8-16-2022)

The following uses are permitted in the L-I District, but only if they comply with the conditions specified for use:

(1)

Circus, carnival, bazaar, fair, tent meeting or enterprise of a similar type, provided that it is located at least 50 feet from any dwelling. Such enterprise shall be permitted at one location for a period of not more than five days.

(2)

Tire sales, repair and recapping; rental or sale of household, yard and garden equipment; feed store; farm and ranch supplies, sales and service; pawn shop, second-hand store and antique shop; plumbing and electrical supplies and equipment sales; mechanical supplies and equipment sales; machine parts sales, automobile parts sales, cabinet, woodworking and carpentry shop; fruit storage or sales; all of the above either wholesale or retail, provided that all outside storage is enclosed by a solid wall or fence at least six feet in height.

(3)

Foundry, casting of lightweight nonferrous metal, provided that there shall be no fumes or odors discernible beyond the premises.

(4)

Bulk storage of petroleum products and other flammable liquids if storage facilities are below ground level.

(5)

Mobile home park, provided that it complies with City and state regulations for mobile home parks.

(6)

Transfer or storage of household goods, provided that:

a.

Ingress and egress are available from a street capable of handling collector street traffic.

b.

Parking and maneuvering of trucks is permitted only off the street in a parking area as regulated by this Chapter.

c.

Outside lighting is so located, screened or shaded as to not reflect off the premises.

d.

Servicing of trucks is permitted only within a building or an area completely enclosed by a solid wall or fence at least six feet high.

(7)

Automobile, truck, camper, mobile home and farm equipment sales, service and repair, provided that:

a.

If sales: all sales must be new or operative used vehicles.

b.

If service or repair:

1.

All service and repair activities must be conducted in a completely enclosed building located at least 20 feet from any A-O, R-0, R-l or R-2 District property; and

2.

Storage of not more than six automobiles awaiting repair shall be permitted, provided that the outdoor storage area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

(8)

A custodial unit or mobile home on the same parcel of land as the principal use, provided that such unit is not used as a commercial, wholesale or industrial unit.

(9)

Residential units on any floor above a building's ground level floor, provided that such units and the building within the residential units meet fire codes and building codes.

(Prior Zoning Code, § 3-7; Ord. No. 1077 § 1, 10-6-2015)

The following uses may be allowed in the L-I District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Kennels.

(2)

Criminal detention centers and penal institutions.

(3)

Ready-mix cement plants or asphalt batching plants.

(4)

Oil drilling, mineral extraction and excavation activities.

(5)

Undertaking establishments and mortuaries.

(6)

Planned unit developments.

(7)

Retail marijuana products manufacturing.

(8)

Retail marijuana testing facilities.

(9)

Medical marijuana infused products manufacturing.

(Prior Zoning Code, § 3-7; Ord. No. 1106, § 1, 10-3-2017; Ord. No. 1126, § 1, 4-4-2019)

(a)

Building height. No dwelling or other structure shall exceed four stories or 50 feet in height.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: no minimum requirements.

(2)

Minimum lot area: no minimum requirements.

(c)

Minimum lot frontage. There is no minimum requirement.

(d)

Minimum front yard. There is no minimum requirement.

(e)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than ten feet.

(f)

Minimum side yard. None required, but where it is provided, a minimum of five feet is required.

(g)

Net density. No restrictions other than setback requirements.

(Prior Zoning Code, § 3-7)

The Heavy Industrial (H-I) District is intended to accommodate heavier industrial development which, by the nature of the use, may have minor problems in meeting all the Wholesale-Light Industrial (L-I) District provisions. Permitted in this District are outdoor storage facilities and industrial activities which might be considered nuisances if located in residential areas.

(Prior Zoning Code, § 3-8)

The following uses shall be permitted by right in the H-I District:

(1)

All uses enumerated as a use permitted by right in the L-I District.

(2)

Bulk storage, refining or manufacture of petroleum products and other liquids and gases.

(3)

Wholesale distributor and/or sales, including facilities with open storage.

(4)

Railroads, railroad yards and railroad repair shops.

(5)

Boiler works, blast furnaces or coke ovens.

(6)

Iron or steel foundries or fabrication plants, including forging, rolling or heavy-weight casting of iron, steel and other metals and sheet metal works.

(7)

Feed or fruit storage or sales (wholesale or retail), including open air markets.

(8)

Meat packing plants.

(9)

Canneries, breweries and packaging plants.

(10)

Automobile, truck, camper, mobile home and farm equipment sales, service and repair, provided that all vehicles are operative.

(11)

Manufacture of the following:

a.

Acetylene gas.

b.

Alcohol.

c.

Ammonia, bleaching powder or chlorine.

d.

Chemicals.

e.

Oilcloth or linoleum.

f.

Paint, oil including linseed, shellac, turpentine, lacquer and varnish.

g.

Pyroxylin.

h.

Soap.

i.

Sodium compounds.

j.

Polishes.

k.

Tar products.

(12)

Laboratories.

(13)

Retail sales and service of building and construction materials and equipment, plumbing and electrical supplies, mechanical supplies and equipment, tires and automotive and machine parts, including areas with outside storage.

(14)

Batching, manufacturing or related processing of cement and asphalt; and storage and stockpiling of sand and gravel.

(15)

Vulcanizing plants.

(16)

Building material manufacturing or fabrication of cinder, pumice, fiberboard, cement, perlite, gypsum and brick, with approved abatement controls.

(17)

Sawmills with approved smoke abatement controls.

(18)

Transfer or storage of household goods.

(19)

Kennels, animal care, fur farms and animal clinics.

(Prior Zoning Code, § 3-8; Ord. No. 1058, § a, 4-7-2015; Ord. No. 1106, § 1, 10-3-2017)

The following uses are permitted in the H-I District, but only if they comply with the conditions specified for use:

(1)

Circus, carnival, bazaar, fair, tent meeting or enterprise of a similar type, provided that such activity is at one location for a period of not more than seven days.

(2)

Custodial unit or mobile home on the same parcel of land as the principal use, provided that such unit is not used as a commercial, wholesale or industrial unit.

(3)

Junk yard, if surrounded by a solid eight-foot fence or wall.

(Prior Zoning Code, § 3-8)

The following uses may be allowed in the H-I District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Oil drilling, mineral extraction, sand and gravel pits and other excavation activities.

(2)

Coal storage yards.

(3)

Sanitary landfills.

(4)

Sewage lagoons and treatment facilities.

(5)

Distillation of bones.

(6)

Fat rendering.

(7)

Manufacture of the following:

a.

Explosives.

b.

Fertilizer.

c.

Glue.

d.

Lime, gypsum and plaster of Paris.

(8)

Stockyards, feeding lots and slaughterhouses.

(9)

Tanneries (curing of raw hides).

(10)

Wool pulling or scouring.

(11)

Airports and runways.

(12)

Planned unit developments.

(13)

Retail marijuana stores.

(14)

Retail marijuana cultivation facilities.

(15)

Retail marijuana products manufacturing.

(16)

Retail marijuana testing facilities.

(Prior Zoning Code, § 3-8; Ord. No. 1106, § 1, 10-3-2017)

(a)

Building height. There are no restrictions.

(b)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: no minimum requirements.

(2)

Minimum lot area: no minimum requirements.

(c)

Minimum lot frontage. There are no minimum requirements.

(d)

Minimum front yard. Measured from the front property line, there shall be a front yard of not less than 20 feet for all principal structures unless otherwise specified by the Planning and Zoning Commission.

(e)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than 20 feet.

(f)

Minimum side yard. Measured from the side property lines, there shall be side yards of not less than 20 feet on each side of the lot.

(g)

Net density. There are no restrictions other than setback requirements.

(Prior Zoning Code, § 3-8)

The Criminal Detention Center (CDC) District is intended to be applied in a designated area in the City Industrial Park.

(Ord. No. 874, § 1, 5-21-1996)

The following uses shall be permitted by right in the CDC District:

(1)

Criminal detention center and/or penal institution.

(2)

Parking incidental to uses permitted in this District, provided that all vehicles parked are in operative condition.

(Ord. No. 874, § 1, 5-21-1996)

There are no conditional uses allowed in the CDC District.

The following uses may be allowed in the CDC District, but only if a special use permit is obtained according to the provisions of Article 3, Division 1 of this Chapter:

(1)

Retail marijuana stores.

(2)

Retail marijuana cultivation facilities.

(3)

Retail marijuana products manufacturing.

(4)

Retail marijuana testing facilities.

(Ord. No. 1058, § a, 4-7-2015)

(a)

Utilities. All structures within the CDC District shall be connected to existing City utilities, including sewer, water and natural gas, as required.

(b)

Building height. There are no restrictions.

(c)

Area regulations. The area regulations for this District are as follows:

(1)

Minimum floor area: no minimum requirements.

(2)

Minimum lot area: no minimum requirements.

(d)

Minimum lot frontage. There are no minimum requirements.

(e)

Minimum front yard. Measured from the front property line, there shall be a front yard of not less than 20 feet for all principal structures.

(f)

Minimum rear yard. Measured from the rear property line, every principal or accessory building shall have a rear yard of not less than 20 feet.

(g)

Minimum side yard. Measured from the side property lines, there shall be side yards of not less than 20 feet on each side of the lot.

(h)

Net density. There are no restrictions other than setback requirements.

(Ord. No. 874, § 1, 5-21-1996)