Colorado Code Publishing Company

The zoning regulations and districts, as set forth in this title, which have been made in accordance with a comprehensive zoning and land use study, are designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the public health and general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. These standards have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. (Ord. 149 Art. 1, 1973)

17-02-020 Authority.

The city zoning ordinance and map is authorized by title 31, article 23, C.R.S., and is declared to be in accordance with all provisions of these statutes. (Ord. 149 Art. 2, 1973)

17-02-030 Conformance required.

Except as provided in this title, no building, structure, or land shall be used and no building, structure, or part thereof shall be erected, constructed, reconstructed, altered, moved, or structurally altered except in conformance with the regulations specified in this title for the zoning district in which it is located; nor shall a yard, lot, or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth in this title. (Ord. 149 Art. 3, 1973)

17-02-040 Additional uses.

Upon application, or on its own initiative, the city council may, by ordinance, add to the uses listed for a zoning district any other similar use which conforms to the conditions set forth in the following special findings:

(A) Such use is more appropriate in the use group to which it is added then in any other use group;

(B) Such use conforms to the basic characteristics of the use group to which it is added; and

(C) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added. (Ord. 149 Art. 18 §1, 1973)

17-02-050 Interpretation.

In the interpretation and application of the provisions of this title, the regulations set forth in sections 17-02-060 through 17-02-080 shall govern. (Ord. 149 Art. 27(part), 1973)

17-02-060 Provisions are minimum requirements.

In their interpretation and application, the provisions of this title shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity, and welfare. This title shall therefore be regarded as remedial, and shall be liberally construed to further its underlying purposes. (Ord. 149 Art. 27 §1, 1973)

17-02-070 Conflict of provisions.

Whenever both a provision of this title and any other provision of this title, or any provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all area, widths, and yards permitted under the terms of this title shall be in conformity with all other provisions of law. (Ord. 149 Art. 27 §2, 1973)

17-02-080 Existing permits and agreements; not to annul.

This title is not intended to abrogate or annul:

(A) Any permits issued before the effective date of the ordinance codified in this title; or

(B) Any easement, covenant, or any other private agreement. (Ord. 149 Art. 27 §3, 1973)

Chapter 17-04

Definitions

17-04-005 Rules of construction.

(A) The particular controls the general.

(B) In case of any difference of meaning or implication between the text of this title and the captions for each section, the text shall control.

(D) Words used in the present tense include the future, unless the context clearly indicates the contrary.

(E) Words used in the singular number include the plural, and words used in the plural number include the singular unless the context clearly indicates the contrary.

(F) A building or structure includes any part thereof. A building or other structure includes all other structures of every kind, regardless of similarity to buildings.

(G) The phrase used for includes arranged for, designated for, intended for, maintained for, and occupied for. (Ord. 149 Art. 26 §1, 1973)

17-04-010 Definitions generally.

As used in this title, the words defined in this chapter shall be interpreted and defined in accordance with the provisions set forth in this chapter. (Ord. 149 Art. 26(part), 1973)

17-04-015 Accessory.

Accessory means subordinate or incidental to, and on the same lot or on a contiguous lot in the same ownership, as the building or use being identified or advertised. (Ord. 249 Art. 4(1), 1975)

17-04-020 Area of lot.

Area of lot means the total horizontal area within the lot lines of a lot. (Ord. 149 Art. 26 §2(1), 1973)

17-04-022 Area of special flood hazard.

Area of special flood hazard means the land within the one-hundred-year flood boundary as identified in the Flood Insurance Study and the Flood Insurance Rate Map, or any subsequent revision to such study and map. (Ord. 769 §5, 1988)

17-04-025 Automobile parking area.

Automobile parking area means a lot or part thereof used for the short-term storage of automobiles which meet state inspection standards for travel on public highways, provided that such automobiles are not for sale. (Ord. 149 Art. 26 §2(2), 1973)

17-04-027 Base flood.

Base flood means the flood having a one-percent chance of being equalled or exceeded in any given year. (Ord. 769 §6, 1988)

17-04-030 Boardinghouse and roominghouse.

Boardinghouse and roominghouse means a building or portions thereof which is used to accommodate for compensation, three or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensate shall include compensation in money, services, or other things of value. (Ord. 149 Art. 26 §2(3), 1973)

17-04-035 Building.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels, or property of any kind, which:

(A) Is permanently affixed to the land;

(B) Has one or more floors and a roof; and

17-04-040 Building frontage.

Building frontage means the horizontal lineal dimension on that side of a building which abuts a street, a parking area, a mall, or other circulation area open to the general public and having a public entrance to the building. The public entrance shall be directly adjacent to and shall front on said street, parking area, mall, or other circulation area open to the public. For purposes of this title, any public entrance which is located on the side or back of a building and which does not abut or front on said street, parking area, mall, or other circulation area open to the general public, shall not be considered as building frontage for purposes of determining maximum sign area permitted. (Ord. 249 Art. 4(19), 1975)

17-04-045 Building height.

Building height means the vertical distance from the average of the finished ground level at the center of all walls of a building to the highest point of the roof surface, exclusive of chimneys, ventilators, pipes, and similar apparatus. (Ord. 149 Art. 26 §2(5), 1973)

17-04-050 Building official.

Building official means the officer or other person charged by the city manager with the administration and enforcement of this title, or his or her duly authorized representative. (Ord. 249 Art. 4(23), 1975)

17-04-055 Bulletin board.

Bulletin board means a sign used for the purpose of notification to the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting, or similar event. (Ord. 249 Art. 4(3.1), 1975)

17-04-060 Business or use occupied at the street level.

Business or use occupied at the street level means a business or industrial use, as defined in this title, located within a building which building has more than one business or industrial use located therein, and which is located, occupied, and operated at the street level, and which has its own public entrance at the street level for its exclusive use. (Ord. 249 Art. 4(20), 1975)

17-04-065 Business sign.

Business sign means a business, profession, commodities, services, entertainment, or activities conducted, sold, displayed, offered, or stored on the premises where the sign is located. (Ord. 249 Art. 4(3.2), 1975)

17-04-070 Business unit or use building frontage.

Business unit or use building frontage means the front width of that portion of a building occupied by the business unit or use at the street level. (Ord. 249 Art. 4(21), 1975)

17-04-075 Channel.

Channel means that area of a watercourse where water normally flows and not that area beyond where significant vegetation exists. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(1), 1975)

17-04-080 Child day care facility.

Child day care facility means a facility not located in a residence, by whatever name known, which provides less than twenty-four-hour care of five or more children under the age of sixteen years, and not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care, and with or without stated educational purposes. Child day care facility shall also apply to large child care homes, where licensed care is provided for nine to twelve children. The term shall not apply to classes maintained in connection with any public, private, or parochial school system of at least six grades, nor to family child care homes, as defined in Section 17-32-020. The facility shall be licensed by the state and shall comply with all applicable regulations promulgated by the Colorado Department of Human Services, as well as all local zoning and building codes. (Ord. 149 Art. 26 §2(21), 1973; Ord. 257 Art. 1 §1(b), 1975; Ord. 1590 §1, 2001)

17-04-085 Construction sign.

Construction sign means a temporary sign announcing subdivision, development, construction, or other improvement of a property by a builder, contractor, or other person furnishing services, materials, or labor to said premises and which is erected on the same lot upon which the work is being done. For the purposes of this title a construction sign shall not be construed to be a real estate sign, as defined in this chapter. (Ord. 249 Art. 4(3.3), 1975)

17-04-087 Development.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. (Ord. 769 §7, 1988)

17-04-090 Dwelling, multiple-family.

Multiple-family dwelling means a building occupied by two or more families living independently of each other in separate dwelling units with a minimum floor area of 500 square feet per unit (including balconies), but not including hotels or motels. (Ord. 149 Art. 26(6), 1973)

17-04-095 Dwelling, one-family.

One-family dwelling means a detached building, arranged and designed as a single dwelling unit, other than a mobile home, and used exclusively by not more than one family or household group, which has not less than one bathroom and a minimum floor area of 850 square feet, unless otherwise specified within the appropriate zone district. (Ord. 703 §2, 1986)

17-04-100 Dwelling unit.

Dwelling unit means one or more rooms, including at least one single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a one-family or multiple-family dwelling. (Ord. 149 Art. 26(9), 1973)

17-04-105 Electric sign.

Electric sign means any sign containing electrical wiring, but not including signs illuminated by exterior light sources, such as floodlights. (Ord. 249 Art. 4(24), 1975)

17-04-110 Employees.

Employees means the gross number of persons to be employed in the building in question during any season of the year at any time of the day or night. (Ord. 149 Art. 26(8), 1973)

17-04-125 Exterior wall surface.

Exterior wall surface means the most exterior part of a wall, sun screen, or any screening or material covering a building. (Ord. 249 Art. 4(38), 1975)

17-04-130 Family.

(A) Family means any one of the following:

(1) One person living alone;

(2) Two or more persons all of whom are related by blood, marriage, or legal adoption, together with up to four children who may not be related to any or all of the other residents but who are under the care and supervision of the adult family head; or

(3) A group including not more than two adults, together with any number of children, related by blood or legal adoption to at least one of the adults.

(B) As used in this section, an adult means a person eighteen or older, and child means a person under the age of eighteen.

(C) A family shall not include more than one person required to register as a sex offender pursuant to section 18-3-412.5, C.R.S., unless related by marriage or consanguinity. Family shall not include any group of individuals who are in a group living arrangement as a result of criminal offenses. (Ord. 703 §3, 1986; Ord. 1456 §1, 2000)

17-04-133 Flea market.

Flea market means a location at which booths or similar spaces are rented or otherwise made available temporarily to two or more persons at which such persons offer tangible personal property for sale. (Ord. 1682 §1, 2002)

17-04-135 Flood.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(A) The overflow of streams, rivers, or other inland water; or

(B) The unusual and rapid accumulation or runoff of surface waters from any source. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(4), 1975)

17-04-137 Flood Insurance Rate Map (FIRM).

Flood Insurance Rate Map (FIRM) means the official map, dated August 16, 1988, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The term includes any amendments, revisions, or subsequent versions of such map. (Ord. 769 §8, 1988)

17-04-140 Flood Insurance Study.

Flood Insurance Study means the official report, dated August 16, 1988, provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. The term includes any amendments, revisions, or subsequent versions of such study. (Ord. 769 §9, 1988)

17-04-155 Flood profile.

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(9), 1975)

17-04-160 Floodproofing.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities, structures, and contents of buildings in a flood hazard area. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(10), 1975)

17-04-185 Floodway.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood. (Ord. 769 §10, 1988)

17-04-190 Floor area.

Floor area means the gross floor area of the building measured along the outside walls of the building and including each aboveground floor level, but not including basements, open balconies, garages, other enclosed automobile parking area, and not including one-half of all storage and display areas for hard goods. (Ord. 149 Art. 26 §2(11), 1973)

17-04-195 Gas station or service station.

Gas station or service station means a building and premises used for the retail sale of gasoline, or other fuels for motor vehicles. The terms also include establishments providing lubrication services, sale, and servicing of tires, batteries, and other automotive accessories, emissions testing, minor tune-up services, vehicle safety inspection, and minor adjustment services, provided that all such uses occur within a building. The terms do not include establishments providing body and fender work, painting, major motor vehicle repairs, or the storage or sale of motor vehicles. (Ord. 681 §1, 1986)

17-04-197 Gas well.

Gas well means a hole drilled for the purpose of producing natural gases at the mouth of the well. (Ord. 968 §1, 1993)

17-04-200 Hotel and motel.

Hotel and motel means a building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms. (Ord. 149 Art. 26 §2(13), 1973)

17-04-202 Household group.

(A) Household group means any one of the following, provided that there is at least 400 square feet of finished interior space for each resident:

(1) A group not exceeding three persons living together as a single housekeeping unit, such group to be distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel, except that such a household group may not include more than one individual who is required to register as a sex offender pursuant to section 18-3-412.5, C.R.S.;

(2) Two or more persons all of who are related by blood, marriage, or legal adoption, together with not more than one adult boarder or domestic servant;

(3) A group of not more than eight developmentally disabled persons living in a state-licensed group home or community-based residential facility for the developmentally disabled;

(4) A group of not more than eight persons in an owner-occupied or nonprofit group home for the exclusive use of persons sixty years of age or older, together with domestic servants; or

(5) A group of not more than eight persons with mental illness living in a state-licensed group home for persons with mental illness, subject, however to such limitations on such homes as are provided by state law.

(B) As used in this section, an adult means a person eighteen or older, and child means a person under the age of eighteen.

(1) Floor completely covered (except for heating, cooling, or ventilation grilles, cabinets, plumbing fixtures, and appliances), with one or more of the following materials: ceramic or vinyl tile, vinyl sheet goods, cork, rock, brick, carpeting, or finished wood flooring;

(2) Walls completely covered (except for doors, windows, cabinets, electrical outlets, plumbing fixtures, appliances, and heating and ventilation grilles) with one or more of the following materials: painted or wall-papered gypsum board or plaster, stucco, wood or composite panelling, ceramic or vinyl tile, vinyl sheet goods, cork, rock, or brick; and

(3) Ceiling completely covered (except for light fixtures, skylights, and heating, cooling, or ventilation grilles) with one or more of the following materials: painted or wall-papered gypsum board or plaster, stucco, wood or composite panelling, ceramic or vinyl title, vinyl sheet goods, or acoustical panels.

(D) As used in this section finished interior space does not include areas with exposed studs, joists, or plain concrete. (Ord. 703 §4, 1986; Ord. 741 §1, 1987; Ord. 1456 §2, 2000)

17-04-210 Identification sign.

(A) Identification sign means and includes the following:

(1) A name plate which establishes the identity of an occupant by listing his or her name and business or professional title;

(2) A sign which establishes the identity of a building or building complex by name or symbol only;

(3) A sign which indicates street address or combines name plate and street address;

(4) A sign which identifies an area in the city which, by reason of development, natural features, historical occurrences, or common reference, has or will become a landmark in the city; and

(5) A commemorative sign, such as a cornerstone, memorial, or plaque, when such is cut into a masonry surface or constructed of bronze or other incombustible material, and is made an integral part of the structure.

(B) As used in this title, the term identification sign shall not be construed to include a sign identifying a commercial or industrial use of a commodity or service offered on the premises. (Ord. 249 Art. 4(3.4), 1975)

17-04-215 Illumination, direct.

Direct illumination means lighting by means of an unshielded source, including neon tubing, which is effectively visible as a part of the sign, where light travels directly from the source to the viewer's eye. (Ord. 249 Art. 4(26), 1975)

17-04-220 Illumination, indirect.

Indirect illumination means lighting by means of a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the front, or a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the back, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, for example, parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. (Ord. 249 Art. 4(27), 1975)

17-04-225 Illumination, internal.

Internal illumination means lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs which are themselves made of translucent material. (Ord. 249 Art. 4(28), 1975)

17-04-230 Joint identification sign.

Joint identification sign means a sign which serves as a common or collective identification for two or more businesses or industrial uses located within the same building, or for more than one business or industrial building located within a jointly and collectively used area, which buildings are in close proximity with one another. Such signs may contain a directory to said business or industrial uses as an integral but clearly secondary part thereof, or may serve as general identification only for such development as shopping centers, industrial parks, office centers, and facilities similar thereto. (Ord. 249 Art. 4(3.5), 1975)

17-04-235 Junkyard.

Junkyard means an industrial use, not permitted in residential and business areas, contained within a building, structure, or parcel of land, or portion thereof, used for the collecting, storage, or sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, salvaging, or demolition of vehicles, machinery, or other material, and including the sale of whole or parts thereof. (Ord. 149 Art. 26 §2(14), 1973)

17-04-240 Kiosk.

Kiosk means a small structure, typically located within a pedestrian walkway, or similar circulation area, and intended for use as a key, magazine, or similar type of small shop, or for use as display space for posters, notices, exhibits, etc. (Ord. 249 Art. 4(29), 1975)

17-04-245 Landscaping or landscaped.

Landscaping or landscaped means any combination of living plant materials, such as trees, shrubs, grass, and herbaceous plants, and including, but not limited to, organic decorative materials such as gravel, rock, and bark; provided, however, that at least twenty-five percent of the required landscaped area be covered by living plant materials. In addition, at least one tree of a minimum of one-inch trunk caliper be provided for each 7,000 square feet, or major fraction thereof, or required landscaped area. (Ord. 149 Art. 26 §2(15), 1973)

17-04-250 Light source.

Light source means and includes neon, fluorescent, or similar tube lighting. The incandescent bulbs, including the light-producing elements therein, and any reflecting surface which, by reason of its construction or placement, becomes in effect the light source. (Ord. 249 Art. 4(30), 1975)

17-04-255 Lot.

Lot means a parcel of land occupied or designed to be occupied by one or more buildings, structures, or uses, together with such open areas as are required by this title. (Ord. 149 Art. 26 §2(16), 1973)

17-04-260 Lot line, front.

Front lot line means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front line. (Ord. 149 Art. 26 §2(17), 1973)

17-04-265 Lot line, rear.

Rear lot line means the line opposite the front lot line. (Ord. 149 Art. 26 §2(18), 1973)

17-04-270 Lot line, side.

Side lot line means any lot lines other than front lot lines or rear lines. (Ord. 149 Art. 26 §2(19), 1973)

17-04-275 Lot, reversed corner.

Reversed corner lot means a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear. (Ord. 149 Art. 26 §2(20), 1973)

17-04-277 Lowest floor.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the design requirements of chapter 17-40 (other than elevation requirements). (Ord. 769 §11, 1988)

17-04-280 Maintenance of signs.

Maintenance of signs means the replacing, repairing, or repainting of a portion of a sign structure; periodic changing of bulletin board panels; or reviewing a copy which has been made unusable by ordinary wear and tear, by weather, or by accident. The replacing or repairing of a sign or sign structure which has been damaged to an extent exceeding fifty percent of the appraised replacement cost, as determined by the building official, shall be considered as maintenance only when the sign conforms to all of the applicable provisions of this title, and when the damage has been caused by an act of God or violent accident. (Ord. 249 Art. 4(31), 1975)

17-04-282 Manufactured home.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. This term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. (Ord. 769 §12, 1988)

17-04-285 Marquee.

Marquee means a permanently roofed structure attached to and supported by a building, and projecting from the building. (Ord. 249 Art. 4(32), 1975)

17-04-286 Municipal building.

Municipal building means any building, structure, or facility acquired, constructed, used, or occupied at any time by the city of Broomfield for any city, county, or city and county purpose. (Ord. 1415 §8, 1999)

17-04-287 New construction.

New construction for the purposes of chapter 17-40 means structures for which the start of construction commenced on or after the effective date of the ordinance enacting this revised chapter 17-40. Start of construction includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on site, such as pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (Ord. 769 §13, 1988)

17-04-288 Nonconforming building or use.

Nonconforming building or nonconforming use means a building or use which was formerly allowed but is now prohibited (except as provided in chapter 17-36) either:

(A) Because annexation has since subjected the involved property to municipal ordinance; or

(B) Because of subsequent changes to municipal ordinances;

Provided, however, that the building or use must have been in its existence on the date the use was prohibited and must have continued in use since then. (Ord. 856 §1, 1989)

17-04-289 Nonconforming sign.

Nonconforming sign means a sign which was formerly allowed but is now prohibited (except as provided in sections 17-44-470 and 17-44-480) either:

(A) Because annexation has since subjected the sign to municipal ordinances; or

(B) Because of subsequent changes to municipal ordinances;

Provided, however, that the sign must have been in its current location and configuration on the date it was prohibited and must have so continued since then. (Ord. 856 §2, 1989)

17-04-290 Obstruction.

Obstruction means sandbars formed by the natural flow of a watercourse or temporary structures, planks, snags, and debris in and along existing channel which cause a flood hazard. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(14), 1975)

17-04-295 Off-premises advertising sign.

Off-premises advertising sign means any off-premises sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service, or activity conducted, sold, or offered elsewhere than on the same lot or within the same building upon which the sign is located, or only incidentally on the lot or within the building, if at all. (Ord. 249 Art. 4(3.6), 1975)

17-04-300 Oil well.

Oil well means a hole drilled for the purpose of producing crude petroleum oil and any other hydrocarbons at the mouth of the well. (Ord. 968 §2, 1993)

17-04-302 Open area.

Open area means a privately owned and maintained parcel of land or body of water or both within a development upon which there are no structures, parking areas, or driveways. An open area may be a landscaped area, a plaza, a recreational area, sidewalks, or such other areas that are accessible to the public or to the occupants of a development. (Ord. 1364 §1, 1998)

17-04-305 Owner.

Owner means a person, firm, corporation, or other legal entity recorded as such on the records of the applicable county clerk and recorder, including a duly authorized agent or attorney, a purchaser, devisee, fiduciary, or a person having a vested or contingent interest in the property in question. (Ord. 249 Art. 4(33), 1975)

17-04-310 Political or noncommercial sign.

Political sign or noncommercial sign means a sign, banner, picture, or other device, either temporary or permanent in nature, whose principal purpose is the display of an ideological message or which is intended to urge the voting public to support a candidate, political party, or political philosophy, or to urge action on any ballot issue. (Ord. 731 §1, 1987)

17-04-312 Preschool.

Preschool means a school providing pre-elementary educational services on a scheduled basis to children through kindergarten. For the purposes of this definition, preschools are those facilities that maintain an affiliation with a public, private, or parochial school system of at least six grades. Said affiliation shall include the provision of educational services to children by the preschool as a part of an integrated program offered through the school system. A day-care center is not a preschool. (Ord. 1185 §1, 1996)

17-04-315 Professional office.

Professional office means an office for professions, such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants, and others, who through training are qualified to perform services of a professional nature, and where no storage or sale of merchandise exists. (Ord. 149 Art. 26 §2(22), 1973)

17-04-320 Public entrance.

Public entrance means an entrance to a building or premises which is customarily used or intended for use by the general public. For the purposes of this title, drive-up customer service windows may be considered as a public entrance; provided that said customer service areas comply with the definition of building frontage. Fire exits, special employee entrances, loading dock entrances not generally used by the public, and similar entrances shall not be considered as public entrances. (Ord. 249 Art. 4(22), 1975)

17-04-325 Reach.

Reach means a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the floodplain where flood heights are primarily controlled by manmade or natural floodplain obstructions or restrictions. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most likely be a reach. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(16), 1975)

17-04-330 Real estate sign.

Real estate sign means a sign indicating the availability for sale, rent, or lease of the specific lot or building upon which the sign is erected or displayed. (Ord. 249 Art. 4(3.7), 1975)

17-04-333 Recyclable materials.

Recyclable materials means waste materials that are collected, separated, or processed and that are used as raw materials or products, and include, but are not limited to, newspaper, corrugated cardboard, paper bags, high grade white office paper, mixed paper, catalogs, magazines, phone books, glass bottles and jars, aluminum and tin cans, aluminum foil, plastic jars, plastic tubs, plastic bottles, milk cartons, and juice cartons. (Ord. 1739 §1, 2003)

17-04-335 Roof.

Roof means the cover of any building, including the eaves and similar projections. (Ord. 249 Art. 4(34), 1975)

17-04-340 Roofline.

Roofline means the highest point on any building where an exterior wall encloses usable floor space, including floor area for housing mechanical equipment. The term roofline shall also include the highest point on any parapet wall, provided that the parapet wall extends around the entire perimeter of the building. (Ord. 249 Art. 4(35), 1975)

17-04-345 Sign.

(A) Sign means any device for communication that is used for the purpose of attracting attention to the subject thereof. Consistent therewith, any writing, letters, numerals, figures, emblems, pictures, outlines, characters, flags, banners, pictorial representations, or any other figure or figures of similar character which:

(1) Is a structure or any part thereof, including the wall or roof of a building; or

(2) Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a building, board, plate, canopy, awning, vehicle, or upon any material object or device whatsoever; and

(3) By reason of its form, color, wording, symbol, design, illumination, or otherwise, attracts or is designed to attract attention to the subject thereof, or is used as a means of identification, advertisement, or announcement.

(B) For the purposes of this title, the term sign shall not be interpreted to include:

(1) Any flag, crest, or insignia of any official governmental agency or of any civic, charitable, religious, or fraternal organization; and

(2) Shall not be interpreted to include any item of merchandise normally displayed within the show window of a merchant. If for any reason it cannot be readily determined whether or not a device or an object is a sign, the department of community development shall make such determination. (Ord. 249 Art. 4(1), 1975; Ord. 1805 §1, 2005)

17-04-350 Sign, animated.

Animated sign means any sign or part of a sign which changes physical position by any movement or rotation. (Ord. 249 Art. 4(6), 1975)

17-04-355 Sign, arcade.

Arcade sign means a wall or projecting sign attached to the roof or wall of an arcade and totally within the outside limits of the structural surfaces which are delineating the arcade. (Ord. 249 Art. 4(7), 1975)

17-04-360 Sign area.

Sign area means the total surface of the entire sign, including any parts and appurtenances thereof, except principal supports, the total cross-sectional area of which supports does not exceed two square feet, and on which there is no display of advertising material or any lighting. In the case of any sign having continuous regularly shaped display surfaces, the sign area shall be measured by determining the perimeter of the surface or surfaces, and all area within the perimeter shall be the sign area. In the case of noncontinuous or irregularly shaped display surfaces, the sign area shall be measured by placing the smallest possible imaginary rectangle, triangle, or circle over all outside points of the surface, and all of the area within the rectangle, triangle, or circle shall be included in the sign area. (Ord. 249 Art. 4(4), 1975)

17-04-365 Sign, area identification.

Area identification sign means a sign for the purpose of identifying an area in the city which, by reason of development, natural features, historic occurrences, or common reference, has or will become a landmark in the city, and which may be desirable to identify formally to the general public. (Ord. 249 Art. 4(5), 1975)

17-04-370 Sign, change-panel.

Change-panel sign means a sign designed to permit immediate change of copy which may be other than the name of the business, but subject to the specific regulations by the provisions of this title. (Ord. 249 Art. 4(8), 1975)

17-04-375 Sign, combination.

Combination sign means any sign incorporating any combination of the features of freestanding, projecting, and roof signs. (Ord. 249 Art. 4(12), 1975)

17-04-380 Sign, directional.

Directional sign means a sign for the purpose of directing the public to a real estate development, a public or semipublic building or facility, or an outstanding landmark within or adjacent to the city. (Ord. 249 Art. 4(9), 1975)

17-04-385 Sign face.

Sign face means the surface of a sign upon, against, or through which the message is displayed or illustrated. (Ord. 249 Art. 4(11), 1975)

17-04-390 Sign, freestanding.

Freestanding sign means a detached sign which is supported by one or more columns, uprights, poles, or braces extended from the ground or from an object on the ground, or a sign which is erected on the ground; provided that no part of the sign is attached to any part of any building, structure, or other sign. The term freestanding sign shall include pole sign, pedestal sign, and ground sign. (Ord. 249 Art. 4(2.1), 1975)

17-04-395 Sign height measurement.

Sign height measurement means the vertical distance measured from the elevation of the nearest sidewalk, or, in the absence of a sidewalk within twenty-five feet, then from the lowest point of finished grade on the lot upon which the sign is located within twenty-five feet of the sign, to the uppermost point on the sign or sign structure. (Ord. 249 Art. 4(25), 1975)

17-04-400 Sign, illegal nonconforming.

Illegal nonconforming sign means a sign which was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection, and which sign has never been erected or displayed in conformance with all such laws, including this title, and which shall include signs which are pasted, nailed, painted on, or otherwise unlawfully displayed upon structures, utility poles, trees, fences, or other signs. (Ord. 249 Art. 4(13), 1975)

17-04-405 Sign, legal nonconforming.

Legal nonconforming sign means any sign which was lawfully erected and maintained prior to the enactment of the ordinance codified in this title, and any amendments thereto, and which does not conform to all the applicable regulations and restrictions of this title. (Ord. 249 Art. 4(14), 1975)

17-04-410 Sign, marquee.

Marquee sign means a sign which is attached to or suspended from a marquee, canopy, or other covered structure projecting from and supported by the building and extending beyond the building wall or building line. (Ord. 249 Art. 4(2.2), 1975)

17-04-415 Sign, projecting.

Projecting sign means a sign which is attached directly to the wall of a building and which extends, in whole or in part, fifteen inches or more horizontally from the face of the wall to which the sign is attached, but not including a marquee sign, as defined in section 17-04-810. (Ord. 249 Art. 4(2.3), 1975)

17-04-420 Sign, roof.

Roof sign means a sign which projects above the roofline or which is located on the roof of a building or structure, or a sign erected upon or above a parapet wall of a building or structure. (Ord. 249 Art. 4(2.4), 1975)

17-04-425 Signs, number of.

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements clearly organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. (Ord. 249 Art. 4(15), 1975)

17-04-430 Sign structure.

Sign structure means any supports, uprights, braces, or framework of a sign. (Ord. 249 Art. 4(16), 1975)

17-04-435 Sign support.

Sign support means the portion of the supporting member or members extending from the ground level to the lowest point of the sign. (Ord. 249 Art. 4(10), 1975)

17-04-440 Sign, suspended.

Suspended sign means a sign suspended from the ceiling of an arcade, marquee, or canopy. (Ord. 249 Art. 4(2.5), 1975)

17-04-445 Sign, temporary.

Temporary sign means a sign, banner, or other advertising device or display constructed of cloth, canvas, cardboard, wall board, plywood, or other light temporary material, with or without structural frame, intended for a temporary display, such as for the purpose of decorative displays for holidays, announcing a special event, or promoting a political campaign or special election. (Ord. 249 Art. 4(3.8), 1975)

17-04-450 Sign, time-temperature-date.

Time-temperature-date sign means a sign which displays the current time, outdoor temperature, and/or date of the month. (Ord. 249 Art. 4(3.9), 1975)

17-04-455 Sign, wall.

Wall sign means a sign which is applied to, attached to, or erected against, or otherwise displayed upon or against the wall of an enclosed building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than fifteen inches from the face of the wall. A sign erected upon or against the side of a roof having an angle of forty-five degrees or less from the vertical shall be considered to be a wall sign and shall be regulated as such. (Ord. 249 Art. 4(2.6), 1975)

17-04-460 Sign, window.

Window sign means a sign painted, attached, glued, or otherwise affixed to the interior or exterior of a window. Merchandise which is included in a window display, or a sign which is included in such display as an integral part thereof, shall not be considered as part of a window sign. (Ord. 249 Art. 4(2.7), 1975)

17-04-465 Small animal.

Small animal means dogs, cats, rabbits, guinea pigs, hamsters, mice, birds, fish, nonpoisonous reptiles, amphibians, and invertebrates. (Ord. 1079 §1, 1994)

17-04-470 Street frontage.

Street frontage means the lineal frontage, or frontages, of a lot or parcel abutting on a private or public street which provides principal access to or visibility of the premises. (Ord. 249 Art. 4(36), 1975)

17-04-475 Street level.

Street level means the elevation of the finished street, parking area, mall, or other circulation area open to the public. For multistory buildings, the floor at street level shall be that floor nearest in elevation to the elevation of that point of the finished street, parking area, mall, or other circulation area open to the general public. (Ord. 249 Art. 4(37), 1975)

17-04-480 Structure.

(A) Structure means anything constructed or erected with a fixed location on the ground above grade, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities.

(B) Structure also means anything constructed or erected, the use of which requires a more or less permanent location on or in the ground, includes, but is not limited to, objects such as buildings, factories, sheds, and cabins. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(18), 1975; Ord. 249 Art. 4(17), 1975)

17-04-485 Structure, permanent.

Permanent structure means a structure which is built of such materials and in such a way that it would commonly be expected to last and remain useful for a substantial period of time. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(19), 1975)

17-04-490 Structure, temporary.

Temporary structure means a structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short, useful life, or is built for a purpose that would commonly be expected to be relatively short-term. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(20), 1975)

17-04-495 Substantial improvement.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the actual cash value of the structure either before the improvement has started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(21), 1975)

17-04-500 Swimming pool.

Swimming pool means any water surface which has both a surface area greater than ten square feet and a depth of more than eighteen inches. (Ord. 149, Art. 26 2(50), 1973)

17-04-505 International Building Code.

International Building Code means the latest edition of the International Building Code, published by the International Code Council, as amended and adopted by the city council. (Ord. 249 Art. 4(40), 1973; Ord. 1858 §6, 2008)

17-04-515 Watercourse.

Watercourse means a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or infrequently. This includes major drainageways for carrying urban storm runoff. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(22), 1975)

17-04-520 Zoning ordinance.

Zoning ordinance means the city zoning ordinance, together with all amendments thereto. (Ord. 249 Art. 4(42), 1975)

Chapter 17-06

Districts and Map

17-06-010 Districts; established.

(A) In order to carry out the provisions of this title, the city is divided into the following zoning districts:

(1) OS Open space district;

(2) A-1 Agricultural district;

(3) RR Rural Residential district;

(4) E-1 Estate district;

(5) E-2 Estate district;

(6) R-1 Low-density residential district;

(7) R-3 Medium-density residential district;

(8) R-5 High-density residential district;

(9) B-1 Limited business district;

(10) B-2 General business district;

(11) I-1 Limited industrial district;

(12) I-2 General industrial district;

(13) GA General aviation district;

(14) PUD Planned unit development district;

(15) Interchange influence area district.

(16) Transitional overlay area district.

(17) A-1 district.

(B) These districts may also have the following additional classifications:

(1) PUD--When attached to one of the base zoning districts, PUD requires conformance to PUD regulations, procedures, and reviews for base zone permitted uses;

(2) R PUD--Indicates PUD district with only residential uses;

(3) B PUD--Indicates PUD district with only business uses;

(4) I PUD--Indicates PUD district with only industrial uses. (Ord. 149 Art. 4, §1, 1973; Ord. 651 §1, 1985; Ord. 907 §1, 1991; Ord. 1365 §1, 3-9-99; Ord. 1835 §1, 2006; Ord. 1836 §1, 2006)

17-06-020 Districts; boundaries established; map.

(A) The boundaries of the zoning districts established in section 17-06-010 are established as shown on a map entitled "Zoning District Map of the City of Broomfield, Colorado," dated April 1973, which map and all future amendments thereto are made a part of this title.

(B) The zoning district map shall be kept up to date and on file in the city clerk's office for the use and benefit of the public. Amendments in zoning district boundary lines or designations shall be made on the map within a reasonable time after the effective date of each ordinance approving such amendments. The city shall not be required to publish the zoning district map after each amendment thereto. Unless otherwise defined on the zoning district map, district boundary lines are lot lines; the centerline of streets, alleys, railroad rights-of-way, or such lines extended; section lines; city limit lines; or other lines drawn to scale on the zoning district map. (Ord. 149 Art. 4, §2, 1973)

17-06-030 Divided lots; extension of less restrictive requirements.

When a lot is divided at the time of enactment of the ordinance codified in this title, or by subsequent amendments, by a zoning district boundary line, the less restrictive zoning requirements may be extended not more than twenty-five feet into the more restrictive zoning district adjacent to the zoning district boundary line. (Ord. 149 Art. 4 §3, 1973)

17-06-040 Districts; schedule adopted.

The schedule of "uses permitted by right," "uses permitted by special review," "minimum area of lots," "minimum width of lot," "minimum front yard," "minimum rear yard," "minimum side yard," "minimum off-street parking area," and other related requirements, being the regulations for the various zoning districts, is adopted and declared to be a part of this title, and may be amended in the same manner as any other part of this title. (Ord. 149 Art. 5, 1973)

17-06-050 Zoning newly annexed land.

(A) Land annexed to the city shall be included in a zoning district and shown on the zoning district map within ninety days after the effective date of the ordinance annexing such land to the city, irrespective of any legal review that may be instituted pursuant to section 31-12-116, C.R.S.

(B) During such ninety-day period or such portion thereof required to comply with subsection (A) of this section, the city may refuse to issue any building permit or occupancy permit for all or any portion of the newly annexed land.

(C) Should any newly annexed land not be included within a zoning district and shown on the zoning district map within such ninety-day period as provided in subsection (A) of this section, the uses permitted on such newly annexed land shall be those uses permitted by the county in which such newly annexed land was located as of the effective date of the ordinance annexing such land to the city. Those uses permitted by the county shall continue until such time as the newly annexed land is included in a zoning district and shown on the zoning district map by the city. The uses permitted by such county and applied to newly annexed land shall be subject to the requirements and provisions of titles 12, 13, 14, 15, and 16 of the Broomfield Municipal Code. (Ord. 1541 §1, 2001)

Chapter 17-07

OS Open Space District

17-07-010 Intent.

The OS Open Space district is intended to provide areas for the conservation of open space. (Ord. 651 §2, 1985)

17-07-020 Permitted uses; by right.

The following uses are permitted by right in the OS district:

(A) Public utilities, structures, and buildings, including but not limited to water and wastewater facilities;

(B) Natural, native areas;

(D) Bird and wildlife sanctuaries;

(E) Street, road, or highway rights-of-way; and

(F) Public parks and recreational facilities. (Ord. 651 §2, 1985)

17-07-030 Permitted uses; by special review.

The following uses are permitted by special review in the OS district:

(A) Cultivation, storage, and sale of crops, vegetables, plants, flowers, and nursery stock produced on the premises;

(B) The grazing of cattle, sheep, goats, or other agricultural livestock, including supplementary feeding, provided that such grazing is not a part of nor conducted in conjunction with, any dairy, feed yard, or livestock sales yard;

(D) Municipal cemeteries; and

(E) Oil wells or gas wells. (Ord. 651 §2, 1985; Ord. 968 §3, 1993)

17-07-040 Lot and yard requirements.

The following are minimum lot and yard requirements in the OS district:

Lot area	35 acres
Lot width	1000 feet
Front yard	100 feet
Rear yard
Principal building	75 feet
Accessory building	25 feet
Side yard	30 feet + 1 foot for each 2 feet of building height

(Ord. 651 §2, 1985)

17-07-050 Building height.

Buildings in the OS district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 651 §2, 1985)

17-07-060 General provisions.

Use of land in the OS district shall also conform to the parking, signing, and other provisions of this title. (Ord. 651 §2, 1985)

Chapter 17-08

A-1 Agricultural District

17-08-010 Intent.

The A-1 Agricultural district is intended to be applied to areas which economically have agricultural value and are not yet ready for urban development. (Ord. 149 Art. 6 §1, 1973)

17-08-020 Permitted uses; by right.

The following uses are permitted by right in the A-1 district:

(A) One-family dwellings;

(B) Cultivation, storage, and sale of crops, vegetables, plants, flowers, and nursery stock produced on the premises;

(C) The grazing of cattle, sheep, goats, or horses, including supplementary feeding, provided that such grazing is not a part of, nor conducted in conjunction with, any dairy, feed yard, or livestock sales yard. Concentrations of animals in excess of the following shall not be permitted, except as may be permitted by section 17-08-030: cattle, sheep, goats, and horses--15,000 square feet per animal;

(D) Cemeteries;

(E) Home occupations as defined in section 17-32-020;

(F) Aboveground or underground distribution and transmission lines for public utilities when the lines primarily serve the city;

(G) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities;

(H) Private poultry house containing not more than 400 square feet of ground floor area; and

(I) Municipal buildings. (Ord. 149 Art. 6 §2, 1973; Ord. 426 §§1, 2, 1981; Ord. 1415 §3, 1999)

17-08-030 Permitted uses; by special review.

The following uses are permitted by special review in the A-1 district:

(A) Schools, public and private (noncommercial);

(B) Public and private noncommercial recreation areas and facilities;

(D) Airports;

(E) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield. Substations shall not contain major office, repair, or storage space;

(F) Child day-care facilities;

(G) Oil wells or gas wells; and

(H) Wireless communications towers. (Ord. 149 Art. 6 §3, 1973; Ord. 257 Art. 1 §3(part), 1975; Ord. 968 §4, 1993; Ord. 1194 §1, 1996; Ord. 1415 §5, 1999; Ord. 1514 §2, 2000)

17-08-040 Lot and yard requirements.

The following are minimum lot and yard requirements in the A-1 district:

Lot area	5 acres
Lot width	300 feet
Front yard	30 feet
Rear yard
Principal building	25 feet
Accessory building	5 feet
Side yard	10 feet + 1 foot for each 2 feet of building height

(Ord. 149 Art. 6 §4, 1973)

17-08-050 Building height.

Buildings in the A-1 district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 149 Art. 6 §5, 1973)

17-08-060 General provisions.

Use of land in the A-1 district shall also conform to the parking, signing, and other provisions of this title. (Ord. 149 Art. 6 §6, 1973)

Chapter 17-09

RR Rural Residential District

17-09-010 Intent.

It is intended that the RR district be applied to those areas where large single-family lots are desired to allow a rural environment. (Ord. 1365 §1, 1999)

17-09-020 Permitted uses; by right.

The following uses are permitted by right in the RR district:

(A) One-family dwellings;

(B) The cultivation of crops;

(C) The grazing and keeping of animals, including supplementary feeding, provided that such grazing and keeping is not a part of, nor conducted in conjunction with, any dairy, feed yard, or livestock sales yard, provided that concentrations of animals in excess of the following shall not be permitted:

Type of Animal	Number of Animals
Alpacas	4 per acre
Bees (colonies)	5 per acre
Cats	4
Cattle	4 per acre
Chickens (hens/roosters)	30 per acre
Chinchillas	30 per acre
Dogs	4
Ducks/geese	50 per acre
Emus	15 per acre
Ferrets	50 per acre
Game fowl	50 per acre
Goats	8 per acre
Guinea pigs	50 per acre
Horses	4 per acre
Llamas	4 per acre
Mules	4 per acre
Ostriches	15 per acre
Peafowl	50 per acre
Pigeons	50 per acre
Rabbits	50 per acre
Sheep	8 per acre
Swine	8 per acre
Turkeys	50 per acre
Yaks	4 per acre

(D) Accessory buildings which are nonhabitable, are typically associated with the permitted uses, and that are consistent with the architecture and use of the principal structure;

(E) Home occupations as defined in section 17-32-020;

(F) Underground distribution and transmission lines for public utilities when the lines primarily serve the city;

(G) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities,

(3) Related facilities; and

(H) Open lands, including park and recreation areas and open space areas. (Ord. 1365 §1, 1999)

17-09-030 Permitted uses; by special review.

The following uses are permitted by special review in the RR district:

(A) Schools, public and private (noncommercial);

(B) Churches and church facilities;

(D) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield, except that substations shall not contain major office, repair, or storage space;

(E) Child day care facilities;

(F) Cemeteries;

(G) One-family dwellings on lots smaller than 2.25 acres;

(H) Oil or gas wells;

(I) Private poultry houses containing not more than 400 square feet of ground plan area; and

(J) The grazing, keeping, and supplementary feeding of beefalo, buffalo, deer, elk, and bovine bulls. (Ord. 1365 §1, 1999)

17-09-040 Lot and yard requirements.

The following are the minimum lot and yard requirements in the RR district:

(A) Principal building:

Lot area	2.25 acres
Lot width	200 feet
Lot depth	330 feet
Front yard	50 feet
Rear yard	150 feet
Side yard	25 feet
Minimum floor area	1,400 square feet

(B) Accessory building:

Rear yard	150 feet
Side yard	20 feet
Maximum floor area	2,500 square feet

(Ord. 1365 §1, 1999)

17-09-050 Building height.

Buildings in the RR district shall be no higher than thirty-three feet as measured in accordance with the provisions of section 17-38-320(F). (Ord. 1365 §1, 1999)

17-09-060 General provisions.

(A) The use of land in the RR district shall also conform to the off-street parking requirements in section 17-32-040; the sign code in chapter 17-44; the fences, hedges, and walls provisions of section 17-32-140; and all other provisions of this title 17.

(B) The local streets shall be constructed in accordance with the requirements of the rural road section in the standards and specifications as adopted by reference in chapter 14-04.

(C) Street lights shall be provided at intersections in accordance with the requirements of the standards and specifications as adopted by reference in chapter 14-04.

(D) A connection to the city water system is required unless expressly exempted by the city council.

(E) A connection to the city wastewater system is required unless expressly exempted by the city council.

(F) Accessory buildings and uses as provided in chapter 17-32 must conform with the following criteria:

(1) Accessory buildings must meet all of the provisions of this title; and

(2) Accessory buildings must be of the kind customarily found in rural residential areas.

(G) The clustering of buildings is encouraged in order to preserve common open areas. Variations to the lot and yard requirements may be approved as a use permitted by special review. (Ord. 1365 §1, 1999)

Chapter 17-10

E-1 Estate District

17-10-010 Intent.

It is intended that the E-1 district be applied in those areas where large single-family lots are desired to allow a semirural environment. (Ord. 149 Art. 7 §1, 1973)

17-10-020 Permitted uses; by right.

The following uses are permitted by right in the E-1 district:

(A) One-family dwellings;

(B) Aboveground or underground distribution and transmission lines for public utilities when said lines primarily serve the city;

(C) The keeping of not more than one horse for the private use of each member of the family living on the premises; provided that such horses are not kept or housed within fifty feet of any street or highway, and that the lot contains at least 15,000 square feet of area for each horse kept on the site. Horses shall be corralled away from the principal building;

(D) Home occupations as defined in section 17-32-020; and

(E) Accessory buildings typically found with the above-permitted uses. (Ord. 149 Art. 7 §2, 1973)

17-10-030 Permitted uses; by special review.

The following uses are permitted by special review in the E-1 district:

(A) Schools, public and private (noncommercial);

(B) Public and private noncommercial recreation areas and facilities;

(D) Residential planned unit developments (PUD);

(E) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield. Substations shall not contain major office, repair, or storage space;

(F) Municipal buildings;

(G) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities;

(H) Child day care facilities; and

(I) Oil wells or gas wells. (Ord. 149 Art. 7 §3, 1973; Ord. 257 Art. 1 §3(part), 1975; Ord. 968 §5, 1993)

17-10-040 Lot and yard requirements.

The following are minimum lot and yard requirements in the E-1 district:

Lot area	40,000 square feet
Lot width	120 feet
Front yard	30 feet
Rear yard
Principal building	25 feet
Accessory building	5 feet
Side yard	15 feet
Floor area	1,400 square feet

(Ord. 149 Art. 7 §4, 1973)

17-10-050 Building height.

Buildings in the E-1 district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 149 Art. 7 §5, 1973)

17-10-060 General provisions.

Use of land in the E-1 district shall also conform to the parking, signing, and other provisions of this title. (Ord. 149 Art. 7 §6, 1973)

Chapter 17-12

E-2 Estate District

17-12-010 Intent.

It is intended that the E-2 district be applied to areas where a larger than average lot should be established due to topography, neighborhood conditions, or demands of building size. (Ord. 149 Art. 8 §1, 1973)

17-12-020 Permitted uses; by right.

The following uses are permitted by right in the E-2 district:

(A) One-family dwellings;

(B) Aboveground or underground distribution and transmission lines for public utilities when said lines primarily serve the city;

(D) Public schools;

(E) Public recreation areas and facilities; and

(F) Accessory buildings and uses. (Ord. 149 Art. 8 §2, 1973)

17-12-030 Permitted uses; by special review.

The following uses are permitted by special review in the E-2 district:

(A) Churches and church facilities;

(B) Child day care facility;

(D) Private schools;

(E) Residential planned unit developments (PUD);

(F) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield. Substations shall not contain major office, repair, or storage space;

(G) Municipal buildings;

(H) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities; and

(I) Oil wells or gas wells. (Ord. 149 Art. 8 §3, 1973; Ord. 257 §§2(part), 3(part), 1975; Ord. 968 §6, 1993)

17-12-040 Lot and yard requirements.

The following are minimum lot and yard requirements in the E-2 district:

Lot area	10,000 sq. feet
Lot width
Interior lot	80 feet
Corner lot	90 feet
Lot depth	100 feet
Front yard	30 feet
Rear yard
Principal building	25 feet
Accessory building	5 feet
Side yard	10 feet
Side yard (corner)	20 feet
Floor area	1,200 sq. feet

Depth is increased twenty feet when rear lot line is adjacent to a street other than a local street; or if adjacent to a railroad, major utility overhead transmission line or a commercial or industrial zone. (Ord. 149 Art. 8 §4, 1973)

17-12-050 Building height.

Buildings in the E-2 district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 149 Art. 8 §5, 1973)

17-12-060 General provisions.

Use of land in this district shall also conform to the parking, signing, and other provisions of this title. (Ord. 149 Art. 8 §6, 1973)

Chapter 17-13

E-3 Estate District

17-13-010 Intent.

It is intended that the E-3 district be applied in those areas where large, single-family lots are desired to allow a semirural environment. (Ord. 1576 §1 2001)

17-13-020 Permitted uses; by right.

The following uses are permitted by right in the E-3 district:

(A) One-family dwellings;

(B) Aboveground or underground distribution and transmission lines for public utilities when said lines primarily serve the city;

(C) The keeping of horses with three horses allowed per lot; plus one horse for every 0.33 acre of lot area over one acre;

(D) The total number of the animals permitted by this chapter on any single lot, excepting chickens and ducks but including horses, shall not exceed three per acre or any fraction thereof, and animals born on the property may remain on the property in excess of the allowed numbers until fowl reach the age of four months and other animals reach the age of eight months;

(E) Home occupations as defined in section 17-32-020(A); except as otherwise provided by this subsection:

(1) Such use shall be conducted entirely within a structure, and such use shall be carried on by the inhabitants living there;

(2) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof;

(3) The total area used for such purposes shall not exceed one-half the square footage of the first floor of the residence;

(4) There shall be no exterior signs or advertising;

(5) There shall be no exterior storage on the premises of any material or equipment used as a part of the home occupation;

(6) There shall be no offensive vibration, noise, smoke, dust, odors, heat, or glare noticeable at or beyond the property line;

(7) No more than two motor vehicles associated with patrons or employees of the home occupation shall be parked at any time on the dwelling unit site or on the street frontage of such dwelling unit; and

(8) No commercial vehicles as defined in section 235(a) of the Model Traffic Code for Colorado Municipalities, Revised 1995, and no more than one motor vehicle and no more than one trailer as defined in section 10-12-040, B.M.C., used in whole or in part for a home occupation, shall be parked at any time outside of an enclosed structure on the dwelling unit site or on the street frontage of such unit; and if parked on the street, said trailer must be attached to a licensed vehicle;

(F) Accessory buildings typically found with the above-permitted uses, with the following conditions:

(1) The total square footage of accessory buildings and the first floor of the principal residence shall not exceed 12.5% of the lot square footage;

(2) Enclosed accessory buildings of greater than 150 square feet shall be clad principally with stone, brick, glass, lexan (or similar material), colored, textured concrete masonry unit; metal architectural siding colored to match the principal structure, or wood frame with colored decorative siding to match the principal structure. (Ord. 1576 §1, 2001)

17-13-030 Permitted uses; by special review.

The following uses are permitted by special review in the E-3 district:

(A) Churches and church facilities;

(B) Child day care facility;

(D) Private schools;

(E) Residential planned unit developments (PUDs);

(F) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield, and substations shall not contain major office, repair, or storage space;

(G) Municipal buildings;

(H) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities; and

(I) Oil wells or gas wells. (Ord. 1576 §1, 2001)

17-13-040 Permitted uses; review and approval by the land use review commission.

(A) After review and upon approval by the land use review commission, the following animals may be kept on the property, provided that the number of such animals does not exceed the total number permitted by subsection 17-13-020(D):

Cattle (no bulls)	2 per acre
Chickens (no more than one rooster)	5 per acre
Ducks	5 per acre
Goats	2 per acre
Llamas	2 per acre
Mules	2 per acre
Sheep	2 per acre
Turkeys	2 per acre

(B) In considering an application to keep any of the animals listed in subsection (A) above, the land use review commission, after notice in accordance with chapter 17-52, B.M.C., and public hearing, shall consider the following criteria:

(1) Testimony by adjoining property owners regarding the impact of the proposed animals on the enjoyment and use of their property;

(2) Submission of an animal management plan that minimizes the impacts of noise, odor, vermin, flies, and dust on adjacent properties;

(3) Control of stormwater runoff from pasture areas to adjoining properties;

(4) Adequacy of fencing to contain animals; and

(5) Intensity of use of the property. (Ord. 1576 §1, 2001)

17-13-050 Lot and yard requirements.

The following are minimum lot and yard requirements in the E-3 district:

Lot area	One acre
Lot width	120 feet
Front yard	30 feet
Rear yard
Principal building	25 feet
Accessory building	10 feet
Side yard
Principal building	15 feet
Accessory building	25 feet
Residential floor area	1,250 sq. feet

(Ord. 1576 §1, 2001)

17-13-060 Building height.

Buildings in the E-3 district shall not be higher than thirty-three feet as measured in accordance with the provisions of section 17-38-320(F). Accessory buildings shall not exceed twenty-five feet in height. (Ord. 1576 §1, 2001)

17-13-070 General provisions.

Use of land in the E-3 district shall also conform to the parking, signing, and other provisions of this title, except as hereinafter provided:

(A) Open pasture fences located in front yards shall not exceed five feet in height.

(B) Principal exterior building materials for residences shall consist of brick, stucco or stone. Block larger than 4" x 16" shall not be permitted. Frame or shingle siding may be used as accent materials.

(C) Notwithstanding section 17-32-080, B.M.C., driveways and parking areas may be constructed of gravel, concrete, brick, or asphalt, including recycled material. (Ord. 1576 §1, 2001)

Chapter 17-14

R-1 Low-Density Residential District

17-14-010 Intent.

It is intended that the R-1 district be applied in those areas where standard housing concepts are proposed on average-sized lots. (Ord. 149 Art. 9 §1, 1973)

17-14-020 Permitted uses; by right.

The following uses are permitted by right in the R-1 district:

(A) One-family dwellings;

(B) Public and private schools for elementary, junior, and senior high school education;

(D) Public recreation areas and facilities;

(E) Aboveground or underground distribution and transmission lines for public utilities when said lines primarily serve the city;

(F) Home occupations as defined in section 17-32-020; and

(G) Accessory buildings and uses. (Ord. 149 Art. 9 §2, 1973)

17-14-030 Permitted uses; by special review.

The following uses are permitted by special review in the R-1 district:

(A) Child day care facility;

(B) Private noncommercial recreational uses;

(D) Cemeteries;

(E) Mobile home parks subject to the provisions of chapter 17-42;

(F) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield. Substations shall not contain major office, repair, or storage space;

(G) Municipal buildings;

(H) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities;

(I) Oil wells or gas wells; and

(J) Preschools. (Ord. 149 Art. 9 §3, 1973; Ord. 257 Art. 1 §§2(part), 3(part), 1975; Ord. 968 §7, 1993; Ord. 1185 §2, 1996)

17-14-040 Lot and yard requirements.

The following are minimum lot and yard requirements in the R-1 district:

Lot area (2 acres for schools, churches and church facilities)	7,000 sq. feet
Lot width
Interior lot	70 feet
Corner lot	80 feet
Lot depth	100 feet
Front yard	25 feet
Rear yard
Principal building	25 feet
Accessory building	5 feet
Side yard	5 feet
Total of both side yards shall not be less than 15 feet with the minimum of one yard of 5 feet; or in the alternative, not less than 15 feet of separation from the principal building on an adjacent lot is required and with the minimum of one side yard of 5 feet.
Side yard (corner)	20 feet
Floor area	950 sq. feet

Depth is increased twenty feet when rear lot line is adjacent to a street other than a local street; or if adjacent to a railroad, major utility overhead transmission line, or a commercial or industrial zone. (Ord. 149 Art. 9 §4, 1973; Ord. 1109 §1, 1995)

17-14-050 Building height.

Buildings in the R-1 district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 149 Art. 9 §5, 1973)

17-14-060 General provisions.

Use of land in the R-1 district shall also conform to the parking, signing, and other provisions of this title. (Ord. 149 Art. 9 §6, 1973)

Chapter 17-16

R-3 Medium-Density Residential District

17-16-010 Intent.

It is intended that the R-3 district be applied in those instances where medium-density residential uses such as townhouses, duplexes, or triplexes are desired. (Ord. 149 Art. 10 §1, 1973)

17-16-020 Permitted uses; by right.

The following uses are permitted by right in the R-3 district:

(A) One-family dwellings;

(B) Multiple-family dwellings;

(D) Public and private schools for elementary, junior, and senior high school education;

(E) Public recreation areas and facilities;

(F) Aboveground and underground distribution and transmission lines for public utilities when said lines primarily serve the city;

(G) Home occupations as defined in section 17-32-020; and

(H) Accessory buildings and uses. (Ord. 149 Art. 10 §2, 1973)

17-16-030 Permitted uses; by special review.

The following uses are permitted by special review in the R-3 district:

(A) Child day care facility;

(B) Noncommercial recreational uses;

(D) Mobile home communities subject to the provisions of chapter 17-42;

(E) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield. Substations shall not contain major office, repair, or storage space;

(F) Municipal buildings;

(G) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities; and

(H) Oil wells or gas wells. (Ord. 149 Art. 10 §3, 1973; Ord. 257 Art. 1 §§2(part), 3(part), 1975; Ord. 968 §8, 1993)

17-16-040 Maximum density.

Maximum density in the R-3 district shall not exceed ten units per gross acre. Under a planned unit development, density may be increased to twelve units per acre. (Ord. 149 Art. 10 §4, 1973)

17-16-050 Lot and yard requirements.

The following are minimum lot and yard requirements in the R-3 district:

Lot area (2 acres for schools, churches, and church facilities)	8,000 square feet
Lot width
Interior lot	75 feet
Corner lot	85 feet
Lot depth	100 feet
Front yard	25 feet
Rear yard
Principal building	20 feet
Accessory building	5 feet
Side yard	10 feet for residential uses, 25 feet for other permitted principal buildings
Side yard (corner)	20 feet for residential uses, 25 feet for other permitted principal buildings
Rear and side yard when adjacent to an A, E-1, E-2, or R-1 district	Yard shall be 2 times the height of the adjacent building.

17-16-060 Building height.

Buildings in the R-3 district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 149 Art. 10 §6, 1973)

17-16-070 Open area.

In the R-3 district, a minimum of forty percent of the site shall be developed and maintained as open area for use by the occupants of the project. (Ord. 149 Art. 10 §7, 1973; Ord. 1364 §2, 1998)

17-16-080 General provisions.

Use of land in the R-3 district shall also conform to the parking, signing, and other provisions of this title. (Ord. 149 Art. 10 §8, 1973)

Chapter 17-18

R-5 High-Density Residential District

17-18-010 Intent.

The demand for multiple-family housing should be accommodated primary through this district. The location of this zone should occur in areas where intense urban development can assist in providing convenience to its occupants without negatively affecting the environment and safety of the neighborhood. (Ord. 149 Art. 11 §1, 1973)

17-18-020 Permitted uses; by right.

The following uses are permitted by right in the R-5 district:

(A) One-family dwellings;

(B) Multiple-family dwellings;

(D) Fraternity and sorority houses;

(E) Churches and church facilities;

(F) Public and private schools, including child day care facilities;

(G) Public recreation areas and facilities;

(H) Aboveground or underground distribution and transmission lines for public utilities when said lines primarily serve the city;

(I) Automobile parking areas for permitted uses;

(J) Home occupations as defined in section 17-32-020; and

(K) Accessory buildings and uses. (Ord. 744 §1, 1987)

17-18-030 Permitted uses; by special review.

The following uses are permitted by special review in the R-5 district:

(A) Noncommercial recreational uses;

(B) Residential planned unit developments (PUD);

(D) Mobile home communities, subject to the provisions of chapter 17-42;

(E) Hospitals, nursing homes, and sanitariums;

(F) Medical and dental clinics;

(G) Offices;

(H) Public utility substations and major transmission lines when said lines primarily serve areas other than Broomfield. Substations shall not contain major office, repair, or storage space;

(I) Municipal buildings;

(J) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities;

(K) Child day care facilities; and

(L) Oil wells or gas wells. (Ord. 149 Art. 11 §3, 1973; Ord. 257 Art. 1 §3, 1975; Ord. 968 §9, 1993)

17-18-040 Maximum density.

Maximum density in the R-5 district shall not exceed twenty units per gross acre. Under a planned unit development, density may be increased to twenty-five units per acre. (Ord. 149 Art. 11 §4, 1973)

17-18-050 Lot and yard requirements.

The following are minimum lot and yard requirements in the R-5 district:

Lot area
Residential	10,000 square feet
Churches	2 acres
Other nonresidential	20,000 square feet
Lot width
Interior lot	100 feet
Corner lot	100 feet
Lot depth	100 feet
Front yard	25 feet
Rear yard
Principal building	20 feet
Accessory building	5 feet
Side yard	10 feet for residential uses, 25 feet for other permitted principal buildings
Side yard (corner)	20 feet for residential uses, 25 feet for other permitted principal buildings
Rear and side yard when adjacent to A, E-1, E-2, or R-1 district	Yard shall be twice the height of the adjacent building.

17-18-060 Building height.

Maximum building height in the R-5 district shall not exceed two stories or thirty feet within one hundred feet of the boundary of an E-1, E-2, or R-1 district. Beyond that distance, the building height may be greater, if approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 11 §6, 1973)

17-18-070 Open area.

In the R-5 district, a minimum of forty percent of the site shall be developed and maintained as open area for use by the occupants of the project. (Ord. 149 Art. 11 §7, 1973; Ord. 1364 §3, 1998)

17-18-080 General provisions.

Use of land in the R-5 district shall also conform to the parking, signing, and other provisions of this title. (Ord. 149 Art. 11 §8, 1973)

Chapter 17-20

B-1 Limited Business District

17-20-010 Intent.

It is the purpose of the B-1 district to provide for convenience business services, sales, and related uses. It is further intended that this district will be located in such a manner that it can conveniently serve the market area for which it was designed and so that it is compatible with adjacent neighborhoods. (Ord. 149 Art. 12 §1, 1973)

17-20-020 Permitted uses; by right.

The following uses are permitted by right in the B-1 district: Limited business uses, including but not limited to the following:

(A) Banks, savings and loan, and finance companies;

(B) Churches and church facilities;

(D) Offices and clinics;

(E) Municipal buildings;

(F) Parking lots and parking garages;

(G) Personal service shops;

(H) Public and private schools;

(I) Public utility installations excluding repair, storage, and production facilities;

(J) Commercial recreational uses and theaters, indoor;

(K) Restaurants and other eating and drinking places where food is primarily consumed indoors or at outdoor tables. Drive-ins where food is consumed primarily in autos or off-premises are not included;

(L) Retail stores;

(M) Accessory buildings and uses; and

(N) Sexually oriented businesses. (Ord. 149 Art. 12 §2, 1973; Ord. 1219 §2, 1997; Ord. 1682 §2, 2002)

17-20-030 Permitted uses; by special review.

The following uses are permitted by special review in the B-1 district: Special business uses, such as the following, which might involve unusual environmental problems:

(A) Gas stations;

(B) Commercial recreational uses, outdoor;

(D) Undertaking establishments;

(E) Planned unit developments (PUD). Commercial and multifamily residential planned unit developments where there is residential use on second or higher floors with the ground floor being a business use;

(F) Hotels and motels;

(G) Membership clubs;

(H) Hospitals;

(I) Printing and newspaper offices;

(J) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities;

(K) Child day-care facilities;

(L) Oil wells or gas wells;

(M) Tattoo parlors;

(N) Wireless communications towers; and

(O) Flea markets. (Ord. 149 Art. 12 §3, 1973; Ord. 257 Art. 1 §3(part), 1975; Ord. 968 §10, 1993; Ord. 1162 §1, 1995; Ord. 1194 §2, 1996; Ord. 1514 §3, 2000; Ord. 1682 §2, 2002)

17-20-040 Lot, yard, and related requirements.

The following lot, yard, and related requirements shall be minimum requirements in the B-1 district:

(A) Twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

(B) A landscaped area of at least ten feet in width shall be provided adjacent to any street abutting the commercial site;

(C) If across the street from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the right-of-way;

(D) Curb cuts may be permitted through the landscaped area;

(E) When abutting a residential district, the yard between the zone district boundary and any building shall be not less than three times the height of the proposed building. In addition, a solid fence six feet high shall be constructed on the zone district boundary. The city manager or his or her designee may require an eight-foot-high solid fence if there is at least a two-foot difference in the average elevation of the lots on either side of the district boundary between the B-1 district and the residential district; and

(F) Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped. Said screening to occur between the parking area and the street, unless the parking lot is not viewable from the street. Landscaping shall also be provided within these large parking areas. This landscaped area shall represent not less than five percent of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 12 §4, 1973; Ord. 669 §1, 1986)

17-20-050 Building height.

Buildings in the B-1 district shall not exceed a height of forty feet unless approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 12 §5, 1973)

17-20-060 General provisions.

Use of land in the B-1 district shall also conform to the parking, loading, signing, and other provisions of this title. (Ord. 149 Art. 12 §6, 1973)

Chapter 17-22

B-2 General Business District

17-22-010 Intent.

It is the purpose of the B-2 district to contain those more intensive commercial uses which are frequently related to highway users or which, due to their nature, require outdoor operations. (Ord. 149 Art. 13 §1, 1973)

17-22-020 Permitted uses; by right.

The following uses are permitted by right in the B-2 district:

(A) General business uses, including but not limited to the following:

(1) Automobile sales and services;

(2) Banks, savings and loan, and finance companies;

(3) Churches and church facilities;

(4) Hotels and motels;

(5) Membership clubs;

(6) Offices and clinics;

(7) Municipal buildings;

(8) Parking lots and parking garages;

(9) Public recreation areas and facilities;

(10) Personal service shops;

(11) Printing and newspaper offices;

(12) Private schools;

(13) Commercial recreational uses and theaters, indoor;

(14) Restaurants and other eating and drinking places;

(15) Retail and wholesale stores;

(16) Accessory buildings and uses;

(17) Pet shops;

(18) Drive-in restaurants;

(19) Bakery, when products are sold at retail on the premises; and

(20) Sexually oriented businesses. (Ord. 149 Art. 13 §2, 1973; Ord. 942 §1, 1992; Ord. 1219 §3, 1997)

17-22-030 Permitted uses; by special review.

The following uses are permitted by special review in the B-2 district:

(A) Multiple-family dwellings when located on second and higher floors when processed as a Planned Unit Development;

(B) Dairy processing and distribution;

(D) Small animal veterinary hospitals;

(E) Plumbing, electrical, and carpenter shops;

(F) Truck, trailer, mobile home, and farm equipment sales and services;

(G) Building supply yards;

(H) Retail uses requiring limited manufacturing or processing on the premises of items to be sold;

(I) Commercial Planned Unit Developments;

(J) Car wash facilities;

(K) Gas stations;

(L) Storage of oil, gasoline, and petroleum products, subject to all requirements of the Colorado Industrial Commission and limited to 20,000 gallons maximum storage;

(M) Public uses as follows:

(1) Water facilities, including storage,

(2) Wastewater treatment facilities, and

(3) Related facilities;

(N) Child day-care facilities;

(O) Commercial recreational uses, outdoor;

(P) Oil wells and gas wells;

(Q) Small animal shelters;

(R) Used car sales;

(S) Wireless communications towers; and

(T) Flea markets. (Ord. 257 Art. 1 §3, 1975; Ord. 259 Art. 13 §3, 1975; Ord. 942 §2 1992; Ord. 968 §11, 1993; Ord. 1079 §2, 1994; Ord. 1164 §1, 1995; Ord. 1194 §3, 1996; Ord. 1514 §4, 2000; Ord. 1682 §3, 2002)

17-22-040 Lot, yard, and related requirements.

The following are minimum lot, yard, and related requirements in the B-2 district:

(A) Twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

(B) A landscaped area of at least ten feet in width shall be provided adjacent to any street abutting the commercial site;

(C) If across the street from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the right-of-way;

(D) Curb cuts may be permitted through the landscaped area;

(F) Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height, or earth mounds of an equal height that are landscaped. Said screening to occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these parking areas. This landscaped area shall represent not less than five percent of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 13 §4, 1973; Ord. 669 §2, 1986)

17-22-050 Building height.

Buildings in the B-2 district shall not exceed the height of forty feet unless approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 13 §5, 1973)

17-22-060 General provisions.

Use of land in the B-2 district shall also conform to the parking, signing, loading, and other provisions of this title. (Ord. 149 Art. 13 §6, 1973)

Chapter 17-24

I-1 Limited Industrial District

17-24-010 Intent.

The intent of the I-1 district is to accommodate limited or light industrial uses which by their nature and manner of development have no detrimental effect on their neighboring uses within or adjacent to the industrial area. Said uses are normally set within landscaped environments with well-designed buildings and totally enclosed operations. (Ord. 586 §1, 1984)

17-24-020 Permitted uses; by right.

The following uses are permitted by right in the I-1 district, provided that they are conducted entirely within an enclosed structure and that all dust, fumes, odors, smoke, vapor, noise, lights, glare, and vibrations are confined to the lot on which the use is located:

(A) Administrative, office, insurance, and research facilities;

(B) Experimental or testing laboratories;

(D) Manufacture of precision or electronic instruments, parts, or tools;

(E) Automobile parking areas;

(F) Vocational schools;

(G) Municipal facilities such as, but not limited to, water and wastewater treatment plants, police station, street and parks maintenance shops and yards (these uses are not required to be conducted entirely within an enclosed structure);

(H) Repair, maintenance, sales, and service of commodities manufactured, assembled, or packaged as the primary permitted use;

(I) Manufacture, processing, and packaging of medical and pharmaceutical supplies;

(J) Food service when secondary to the primary permitted use;

(K) Railroad facilities;

(L) Printing;

(M) Indoor entertainment and sports arenas;

(N) Warehouse, distribution, and wholesale uses when such uses are accessory to a permitted use;

(O) Accessory buildings and uses;

(P) Sexually oriented businesses; and

(Q) Churches and church facilities. (Ord. 586 §2, 1984; Ord. 1219 §4, 1997; Ord. 1876 §1, 2007)

17-24-030 Permitted uses; by special review.

The following uses are permitted by special review in the I-1 district:

(A) Warehouses, distribution, and wholesale uses of materials or products which are not manufactured, assembled, or packaged as the principal use;

(B) Commercial, business, retail sales, and other services;

(D) Public and private utilities and facilities such as, but not limited to fire stations; ambulance service; and private security guard facilities as the principal use;

(E) Child day-care facilities;

(F) Helipads;

(G) Outdoor vehicle storage;

(H) Animal hospitals or kennels;

(I) Medical clinics;

(J) Gasoline sales;

(K) Retail sales, service, rental, repair, and manufacture of vehicles and machinery;

(L) Oil wells or gas wells; and

(M) Wireless communications towers. (Ord. 586 §3, 1984; Ord. 968 §12, 1993; Ord. 1194 §4, 1996; Ord. 1275 §2, 1997; Ord. 1514 §5, 2000)

17-24-040 Lot, yard, and related requirements.

The following are minimum lot, yard, and related requirements in the I-1 district:

(A) Twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

(B) A landscaped area of at least ten feet in width shall be provided adjacent to any street abutting the commercial site;

(C) If across the street from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the right-of-way;

(D) Curb cuts may be permitted through the landscaped area;

(F) Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped. Said screening to occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these large parking areas. This landscaped area shall represent not less than five percent of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 14 §4, 1973; Ord. 669 §3, 1986)

17-24-050 Building height.

Buildings in the I-1 district shall not exceed a height of forty feet unless approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 14 §5, 1973)

17-24-060 General provisions.

Use of land in the I-1 district shall also conform to the parking, loading, signing, and other provisions of planned industrial developments. (Ord. 149 Art. 14 §6, 1973)

Chapter 17-25

Neighborhood Overlay Area

17-25-010 Intent.

It is intended that the neighborhood overlay area be applied primarily to neighborhoods which may be subject to development that may not be compatible with the character of the existing neighborhood. Within these neighborhoods it is desirable that new development complement and enhance the existing neighborhood. It is further intended that said designation will encourage and foster development that is compatible with the existing neighborhood. (Ord. 1548 §1, 2002)

17-25-020 General provisions.

The reviews, procedures, submission requirements, recording requirements, and other requirements of title 17 shall apply to all properties designated as lying within a neighborhood overlay area, except as modified herein. (Ord. 1548 §1, 2002)

17-25-030 Map designation.

(A) The following described land is hereby declared to be within a neighborhood overlay area:

The area of land located within the Broomfield Heights Filing No. 1, Amended, Subdivision (Recorded June 10, 1955); the Replat of Block 39, Broomfield Heights Filing No. 1, Amended; the Broomfield Heights Filing No. 2, Lot 40 Replat; the Broomfield Gardens Subdivision; the Broomfield Retail Center, a resubdivision of a portion of Broomfield Heights Filing No. 1 as Amended; Broomfield Retail Center Filing No. 3, a resubdivision of Broomfield Retail Center Minor Subdivision - Lot 2; Midway Plaza, a replat of Tract 3, a replat of Block 39-38, Broomfield Heights Filing No. 1 Amended; Nickel Centre Subdivision, a Replat of Lot 10 of a Replat of Block 39, Broomfield Heights Filing No. 1 Amended; Purslow Subdivision, a Resubdivision of a portion of lots 6 and 8 and all of Lot 7, Block 20, Broomfield Heights Filing No. 1 Amended; Oreo Subdivision, a Resubdivision of Lots 18 and 19, Block 20, Broomfield Heights Filing No. 1 Amended; Main Street Exchange Plat, a Replat of Main Street Exchange.

(B) The land described in subsection (A) above shall be designated as a neighborhood overlay area on the zoning map in addition to its underlying zone district.

17-25-040 Relationship to underlying zone district.

The provisions of the neighborhood overlay area are in addition to the requirements of the underlying zone district of a subject property and supersede the zone district requirements. (Ord. 1548 §1, 2002)

17-25-050 Development requirements.

The following development requirements apply to all proposed residential and commercial development within the neighborhood overlay area:

(A) Residential.

(1) Lot coverage for single-family uses. Total lot coverage for all built structures, including accessory buildings, attached and detached garages, and the principal residence, excluding decks, shall not exceed 2,500 square feet, maximum total footprint, on any lot up to 7,000 square feet. On lots greater than 7,000 square feet, lot coverage for all built structures, including accessory buildings, attached and detached garages, and the principal residence, excluding decks, shall not exceed thirty-five percent of the total lot area.

(2) Building height principal structure for single-family dwellings and duplexes. The height of new construction and/or additions shall not exceed eight feet higher than the average building height of the front elevation of the ten closest existing residences on the same side of the street, as determined by the side on which the front door is located, or twenty-five feet, whichever is less. In establishing the average height of the front elevation of the ten closest homes, the height of existing homes shall be measured as defined in section 17-04-045, B.M.C. In administering this provision the building department may establish heights for prototypical house types.

(3) Building height accessory structure. New accessory structures or additions to existing accessory structures within the building setback for the principal residence shall not exceed the height of the existing principal residence, or twenty-five feet, whichever is less. New accessory structures or additions to existing accessory structures outside of the setback of the principal residence shall not exceed the height of the existing residence or eighteen feet, whichever is less.

(4) Roof framing. Roof framing (hip, gable, gambrel, flat) on new construction and/or additions shall be of a type found on another residence on either side of the block on which the structure is located.

(5) Building materials. The combined exterior wall surfaces on residences and attached or detached garages shall not be less than fifty percent masonry for the entire structure, excluding doors and windows. Walls facing the street must be at least fifty percent masonry. Masonry materials credited towards this requirement are brick, stucco, flagstone and river rock/cobble. Second story additions to existing residences and gable ends are exempt from this requirement and not included when calculating the fifty percent minimum requirement.

(6) Landscaping. Any addition to an existing residence shall include the installation of at least one tree to be located in the front yard. If feasible, based on slope, existing vegetation, or other conditions, said tree shall be located adjacent to the sidewalk. If the existing tree canopy, as determined by the planning director, will not allow an additional tree, no such tree shall be required.

(B) Commercial.

Four-sided architecture. Facades for all new commercial and office buildings visible from adjacent properties and/or adjacent public rights-of-way shall integrate architectural details into the facade to enhance the appearance of exterior wall surfaces. (Ord. 1548 §1, 2002)

Chapter 17-25.1

Transitional Overlay Area District

17-25.1-010 Intent.

It is intended that the transitional overlay area be applied primarily to neighborhoods which are designated "rural residential" that are adjacent to principal arterial streets as designated in the Broomfield Comprehensive Plan. Within these neighborhoods it is desirable that the impacts of growth and the resulting traffic from the development on the existing neighborhood be mitigated. It is further intended that said designation will encourage and foster development that is compatible with the existing neighborhood. (Ord. 1835 §2, 2006)

17-25.1-020 General provisions.

The reviews, procedures, submission requirements, recording requirements, and other requirements of title 17 shall apply to all properties designated as lying within the transitional overlay area, except as modified herein. An approved site development plan, consistent with the requirements of chapter 17-38, Section III, B.M.C., is required prior to the issuance of a building permit for a use permitted in section 17-25.1-050. (Ord. 1835 §2, 2006)

17-25.1-030 Map designation.

Any area within the city and county of Broomfield designated as lying within a transitional overlay area shall be so indicated on the zoning map in addition to its respective zone district. (Ord. 1835 §2, 2006)

17-25.1-040 Relationship to underlying zone district.

The provisions of the transitional overlay area are in addition to the requirements of the underlying zone district of a subject property and may supersede the zone district requirements. (Ord. 1835 §2, 2006)

17-25.1-050 Development requirements.

The following development requirements shall apply to all proposed development that is permitted in this section in addition to all other applicable development requirements within the transitional overlay area. In the case of conflict between portions of the code, the transitional overlay requirements contained herein shall prevail:

(A) Permitted uses.

(1) Permitted office uses shall include offices and clinics for medical and professional uses such as doctors, dentists, optometrists, insurance agents, real estate brokers, lawyers, accountants, medical and veterinary clinics, and other similar uses.

(2) Permitted personal service uses shall include beauty shops, dog grooming, and other similar uses.

(3) Other permitted uses shall include bed-and-breakfast inn, art gallery/studio, live/work space, school/preschool, day care facility, and other similar uses.

(B) Lot coverage. Total lot coverage for all built structures, including accessory buildings, shall not exceed 20% of the total lot area. The footprint of any structure shall not exceed 10,000 square feet. Total building and parking coverage shall not exceed 60% of the gross land area.

(D) Maximum building size. The maximum size of any building shall be 20,000 square feet of gross floor area.

(E) Maximum building height. The maximum height of any building shall be thirty-five feet.

(F) Building mass. Buildings shall not be greater than 150 feet in length or width.

(G) Building materials. The combined exterior wall surfaces on nonresidential buildings shall not be less than 50% masonry for the entire structure, excluding doors and windows. Walls facing the street must be at least 50% masonry. Masonry materials credited towards this requirement are brick, stucco, flagstone, and river rock/cobble.

(H) Building-architectural style.

(1) Nonresidential buildings shall emulate a residential building character. This will include gable roofs, residential massing and scale, roof eaves, dormers, and residential windows.

(2) A consistent architectural theme shall be presented with each project.

(3) Four-sided architecture is required.

(4) Rooftop mechanical equipment is prohibited.

(5) Gas meters, electrical panels, ground-mounted mechanical equipment, and transformers shall be screened with enclosures that incorporate the materials and colors to match the primary building.

(6) Building entryways shall be articulated with architectural features such as canopies, awnings, dormers, and structural elements such as columns.

(7) Outdoor storage, trash/recycling collection, and loading/service areas shall be located and designed in such a manner that they are fully screened from view from any public right-of-way, public trail/pedestrian corridor, and adjacent residential parcels.

(I) Landscaping adjacent to arterial streets. A minimum six-foot tree lawn is required to separate pedestrians and vehicles on arterial streets. In addition, a minimum of a twenty-foot landscaped area is required between the sidewalk and the building or parking area.

(J) Buffer area. The intent of the buffer area is to provide a visual and physical separation of nonresidential uses as described in this chapter, from adjacent residential uses. The buffer area shall consist of any combination of sound walls or landforms (berms), and trees. These elements shall be located in the northern end of the lot and at the sides of the lot if adjacent to residential or agricultural use. The buffer area on the northern end of the lot shall have a minimum depth equal to twenty-five percent of the north-south lot depth. The landscape buffer area at the north end of the lot shall include a berm, generally located near the center of the buffer area, with an average height above grade of six feet or a sound wall minimum six feet in height, and a quantity of trees of varying species. Drought-tolerant grasses are also encouraged in this area. The landscape buffer area at the north end of the lot shall include a minimum of one tree for each 1,000 square feet of buffer area. The trees shall be located so as to screen buildings and parking from adjacent residential uses. A mix of coniferous and deciduous trees shall be provided. The minimum height of coniferous trees is six feet. The minimum caliper of deciduous trees is two-and-one-half inches. The landscape-buffer area may be reduced to fifty feet when a residential or agricultural use is adjacent to the side yard of the transitional use.

(K) Internal site landscaping (areas between arterial street landscaping and buffer landscaping). Landscaping shall be provided to screen buildings and parking from adjacent residential uses. Drought-tolerant landscape materials are encouraged in this area.

(L) Site design and building orientation.

(1) Buildings shall be clustered to promote walkability and to create useable spaces.

(2) No on-street parking may be provided on an arterial roadway.

(3) No drive-thru or drive-in facilities are permitted in a transitional area.

(4) A minimum of forty-percent open area (as defined in section 17-04-302, B.M.C.), shall be provided in a transitional area.

(5) Buildings and parking lots shall be set back from the arterial street a minimum of forty feet.

(6) The minimum separation between buildings is twenty feet.

(M) Transit, circulation, and parking.

(1) Transit service shall be accommodated by providing space for bus shelters and associated site furnishings such as benches, bike storage, and trash receptacles, as appropriate.

(2) Shared access between adjacent properties is encouraged so as to minimize curb cuts on the arterial roadway.

(3) Parking lots shall be screened by buildings, berms, or landscaping.

(4) Large parking lots in excess of 100 spaces are prohibited.

(5) Sidewalks shall connect building entries with public sidewalks and parking areas.

(6) Pedestrian scale lighting shall be provided along sidewalks.

(7) Parking lot lighting may be provided if a photometric plan is submitted and approved. The maximum height of light poles in a parking lot shall be twenty feet. Maximum lighting levels in parking and drive areas shall not exceed five foot-candles. Cut-off lenses that direct light downward are required. The light source shall not be visible at the property line.

(8) Parking lot lighting levels shall be reduced to minimum levels (one foot-candle) required to provide security after normal office hours or between the hours of 9:00 p.m. to 6:00 a.m., whichever comes first. (Ord. 1835 §2, 2006)

Chapter 17-26

I-2 General Industrial District

17-26-010 Intent.

The intent of the I-2 district is to accommodate general industrial uses, developed in such a manner that these uses have no detrimental effects beyond the zone district in which they are located. (Ord. 149 Art. 15 §1, 1973)

17-26-020 Permitted uses; by right.

The following uses are permitted by right in the I-2 district, provided that they are conducted in a manner which confines all dust, fumes, odors, refuse matter, smoke, vapor, noise, lights, glare, and vibrations within the boundaries of the I-2 district in which they are located:

(A) Uses permitted by right in the I-1 district (section 17-24-020) except churches and church facilities;

(B) Manufacture, assembly, packaging, processing, storage, and distribution of any commodity except as provided in section 17-26-030;

(D) Wholesale centers;

(E) Retail sales, service, rental, or repair of products related to the permitted uses; and

(F) Retail sales, service, rental, repair, and manufacture of vehicles and machinery. (Ord. 587 §1, 1984; Ord. 1275 §1, 1997; Ord. 1876 §2, 2007)

17-26-030 Permitted uses; by special review.

The following uses are permitted by special review in the I-2 district:

(A) Cement, concrete, lime, or gypsum manufacturing;

(B) Chemical plants;

(D) Public and private utilities and facilities such as, but not limited to, fire stations; ambulance service; and private security guard facilities as the principal use;

(E) Commercial, business, retail sales, manufacturing, processing, storage, and other service uses;

(F) Planned industrial developments;

(G) Aggregate plants and related uses;

(H) The manufacturing or storage of hazardous materials including, but not limited to, gasoline, flammable liquids, and gases, industrial waste products;

(I) Manufacture, assembly, packaging, processing, storage, and distribution of raw vegetable and animal products;

(J) Sewage treatment facilities;

(K) Helipads;

(L) Temporary outdoor storage of rubbish, refuse, waste, junk vehicles, except vegetable and animal by-products, and only in conjunction with an approved plan for the screening and recycling or removal of these materials;

(M) Gasoline sales;

(N) Animal hospitals or kennels;

(O) Child day-care facilities;

(P) Oil wells or gas wells;

(Q) Any other use not specifically permitted by right or by special review in any other zone district;

(R) Wireless communications towers; and

(S) Outdoor vehicle storage. (Ord. 587 §2, 1984; Ord. 968 §13, 1993; Ord. 1194 §5, 1997; Ord. 1275 §3, 1997; Ord. 1514 §6, 2000)

17-26-040 Lot, yard, and related requirements.

The following are minimum lot, yard, and related requirements in the I-2 district:

(A) Twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

(B) A landscaped area of at least ten feet in width shall be provided adjacent to any street abutting the commercial site;

(C) If across the street from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the right-of-way;

(D) Curb cuts may be permitted through the landscaped area;

(F) Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped, said screening to occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these large parking areas. The landscaped area shall represent not less than five percent of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 15 §4, 1973; Ord. 669 §4, 1986)

17-26-050 Building height.

Buildings in the I-2 district shall not exceed a height of forty feet unless approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 15 §5, 1973)

17-26-060 General provisions.

Use of land in the I-2 district shall also conform to the parking, loading, signing, and other provisions of this title. (Ord. 149 Art. 15 §6, 1973)

Chapter 17-26.1

A-1 District

17-26.1-010 A-1 Agricultural District of Adams County Code adopted in part.

The zoning and use requirements of the A-1 Agricultural District of Adams County, Colorado, as such requirements existed as of November 2, 2001, were adopted in section 17-06-050, as the uses and requirements permitted for certain areas annexed into the city from Adams County, as of the date those areas were annexed into the city. The zoning and use requirements of the A-1 Agricultural District of Adams County, Colorado, in place as of November 2, 2001, and all zoning and use requirements set forth therein, including uses permitted by right, but excluding all conditional uses, temporary uses, certificates of designation uses, and certain special uses, are hereby adopted by reference as the A-1 District in this title 17. The A-1 District as set forth in this chapter 17-26.1 shall apply to all areas annexed into the city, subject to the provisions of this title 17. (Ord. 1836 §2, 2006)

17-26.1-020 Permitted uses; by right.

The uses permitted by right shall be those uses by right permitted in the A-1 Agricultural District of Adams County, Colorado, in place as of November 2, 2001. (Ord. 1836 §2, 2006)

17-26.1-030 Permitted uses; special review.

The following uses are permitted by special review in the A-1 District:

(A) Christmas tree lots;

(B) Churches, places of worship;

(D) Fire station;

(E) Oil well drilling and production; and

(F) Riding stable or riding academy. (Ord. 1836 §2, 2006)

17-26.1-040 Copy on file.

At least one copy of the Adams County A-1 District code of Adams County, as adopted, is on file in the office of the City and County Clerk and may be inspected during regular working business hours. (Ord. 1836 §2, 2006)

Chapter 17-27

GA General Aviation District

17-27-010 Intent.

It is the intent of the GA district to accommodate land uses which are customary to and promote an airport purpose. Said uses are normally associated with the storage, maintenance, function, sales, and service of aircraft, air transportation, and the control of aircraft in all phases of their operation. (Ord. 507 §1, 1983)

17-27-020 Permitted uses; by right.

The following uses are permitted by right in the GA district:

(A) Airport administrative offices;

(B) Air traffic control facilities, lights, towers, buildings, equipment, and instrumentation;

(D) Automobile parking areas;

(E) Aircraft sales, service, maintenance;

(F) Aircraft fueling stations;

(G) Aircraft training schools and facilities;

(H) Aircraft communications equipment, transmitters, receivers, navigational aids, radar facilities;

(I) Air freight facilities and storage;

(J) Air passenger terminals and related retail and service uses;

(K) Manufacture of aircraft and airport related products;

(L) Accessory buildings and uses; and

(M) Other such uses which are normally considered ancillary to aircraft and airport purposes. (Ord. 507 §1, 1983)

17-27-030 General provisions.

Use of land in the GA district shall also conform to the parking, loading, signing, and other provisions of this title. (Ord. 507 §1, 1983)

17-27-040 Permitted uses; by special review.

The following uses are permitted by special review in the GA district:

(A) Oil wells;

(B) Gas wells; and

Chapter 17-28

PUD Planned Unit Development District

17-28-010 Intent.

It is intended that the PUD district be applied primarily on undeveloped land and that it be utilized to permit various land uses to develop in a compatible manner, to encourage innovations in design, and to meet the intent of the PUD as set forth in section 17-38-010. It is further intended that detail plans will be developed in conformance with chapter 17-38 prior to development of the site. (Ord. 149 Art. 16 §1, 1973)

17-28-020 Permitted uses; by right.

Until and unless a final plan for property in a PUD district has been approved by city council under the provisions of chapter 17-38, the uses permitted by right in any PUD district shall be the uses permitted by right in an A-1 district. (Ord. 425 §1, 1981)

17-28-030 Permitted uses; by special review.

The following uses are permitted by special review in the PUD district:

(A) Uses shown on the PUD plan; and

(B) Wireless communications towers. (Ord. 149 Art. 10 §3, 1973; Ord. 257 Art. 1 §3, 1975; Ord. 1111 §18, 1995; Ord. 1194 §7, 1996; Ord. 1514 §8, 2000)

17-28-040 General provisions.

The reviews, procedures, submittal requirements, recording requirements, and other requirements of chapter 17-38 shall apply to all requests for changes of use within the PUD district. (Ord. 149 Art. 16 §4, 1973)

17-28-050 Map designations.

The following map designations shall be shown on the zoning map when not specifically attached to a base zone. Other notations may also be used to describe the approved plan:

(A) R-PUD indicates a PUD zone for residential use only;

(B) B-PUD indicates a PUD zone for business use only; and

Chapter 17-29

Interchange Influence Area

17-29-010 Intent.

It is intended that the interchange influence area designation be applied primarily to undeveloped and underdeveloped lands which may be subject to increased growth and development pressures due to the construction of new interchanges on limited access highways. It is further intended that the said designation will encourage and foster high quality development in the area of a proposed interchange. (Ord. 907 §2, 1991)

17-29-020 General provisions.

The reviews, procedures, submittal requirements, recording requirements, and other requirements of title 17 shall apply to all properties designated as lying within the Interchange Influence Area except as modified herein. (Ord. 907 §2, 1991)

17-29-030 Map designation.

Any area within the city limits designated as lying within an interchange influence area shall be so indicated on the zoning map in addition to its respective zone district. Any unincorporated area not included within the city limits but designated as lying within an interchange influence area shall be included as such within the city's master plan. (Ord. 907 §2, 1991)

17-29-040 Relationship to underlying zone district.

The provisions of the interchange influence area are in addition to the requirements of the underlying zone district of a subject property and may supersede the zone district requirements. (Ord. 907 §2, 1991)

17-29-050 Development requirements.

The following development requirements apply to all proposed development within an interchange influence area.

(A) Setback requirements. The following minimum setbacks from the right-of-way line of the listed classes of streets and property lines shall apply to all buildings and parking areas:

(1) Freeway/principal arterial - seventy-five feet;

(2) Minor arterial/connector - thirty feet;

(3) Local street - twenty feet;

(4) Perimeter project property line - thirty feet; and

(5) Internal project property line - twenty feet.

(B) Setback exceptions. Notwithstanding the requirements set forth in subsection (A) above, the following exceptions apply:

(1) Setbacks from freeway/principal arterial streets may be a minimum of thirty feet when landscaping, screening material, or other mitigation techniques are provided, to a degree greater than that called for in this section, which effectively screen the parking areas and building service areas from the street.

(2) Setbacks of up to zero feet along all streets and property lines may be provided in commonly planned projects which exhibit characteristics of an urban village which includes extensive amenity areas, strong pedestrian, transit, and bicycle orientation, varied and high quality building materials, complex and interesting building massing, and extensive landscaping.

(1) At least twenty-five percent of all sites shall be landscaped areas, hard surface landscapes, public plazas, walks, and sidewalks. This shall be in addition to any required public land dedication.

(2) Buildings of over 350,000 gross leasable square feet may include public indoor spaces as provided in subsection (1) above.

(3) Street edges. The following minimum planting quantities must be met. Plantings may be clustered in natural patterns:

a. Detached sidewalks. At least one tree per forty lineal feet shall be provided between the sidewalk and back of curb. An additional tree and ten shrubs per forty lineal feet must be provided within ten feet of the sidewalk.

b. Attached sidewalks. At least one tree per twenty lineal feet shall be provided within fifteen feet of the sidewalk. An additional five shrubs per twenty lineal feet plus perennial flower beds, ground cover, or grass lawn are required for the twenty feet from the edge of the curb towards the center of the parcel, inclusive of the sidewalk.

c. Meandering sidewalks. At least one tree per twenty lineal feet shall be provided. An additional ten shrubs per twenty lineal feet plus perennial flower beds, ground cover, or grass lawn are required for the thirty feet from the edge of the curb towards the center of the parcel, inclusive of the sidewalk.

(4) Entry drives must provide planting materials at not fewer than three height levels of scale; that is, ground cover, shrubs, and canopy or ornamental trees. Plantings should frame and complement entry signs.

(5) Perimeter plantings, when not abutting a street. The following minimum planting quantities must be met and plantings may be clustered in natural patterns:

a. Between similar uses. Provide a minimum fifteen-foot planting strip containing at least one tree per twenty lineal feet and a screen hedge of evergreen and deciduous shrubs a minimum of three feet in height at maturity along a minimum of fifty percent of the shared perimeter.

b. Between dissimilar uses. Provide a minimum thirty-foot planting strip containing a minimum three-foot high berm for at least fifty percent of the shared perimeter and at least one tree per twenty lineal feet and a screen hedge of evergreen and deciduous shrubs a minimum of five feet in height at maturity along a minimum of fifty percent of the shared perimeter.

c. Adjacent to shared access drives. Provide a minimum eight-foot wide planting strip along both sides of the drive, not including the sidewalk.

d. Parking lots. The following minimum amounts of landscaping must be provided in and around parking lots (plantings required for street edge and perimeter planting areas may not be counted in meeting this requirement): ten percent of parking lots with less than 500 spaces shall be landscaped, eight percent of parking lots with less than, or 1,000, spaces shall be landscaped, and five percent of parking lots with more than 1,000 spaces shall be landscaped. A minimum of one tree per ten parking spaces is required. The ends of parking rows must have six-foot wide planting islands with a minimum of two shade trees and eight shrubs. Parking lots with more than 100 spaces must provide landscaped medians between every fourth parking row with at least one shade tree and eight shrubs for every thirty lineal feet of median. Projects with more than 500 parking spaces may submit parking plans which demonstrate that the visual impacts of the parking lots are minimized as an alternative to these requirements.

(D) Sidewalks.

(1) Sidewalks along streets shall be provided as required by chapter 14-04, B.M.C.

(2) Sidewalks shall be provided to building entryways from streets, parking areas, and adjacent developments. Distinct pedestrian ways from the street to the building entry shall be provided through the use of construction materials and landscaping.

(E) Access points. Access points are limited as follows. These distances may be modified based upon an engineering analysis approved by the city engineer and, if applicable, approval of a site development plan:

(1) Distance between signalized intersection:

South 96th Street (Northwest Parkway)	0.5 miles
Principal arterial	0.5 miles
Minor arterial	0.25 miles

(2) Minimum distance from access point to intersection:

South 96th Street (Northwest Parkway)	500 feet
Principal arterial	230 feet
Minor arterial	185 feet
Connector street	150 feet

(3) Minimum distance between access points:

South 96th Street (Northwest Parkway)	325 feet
Principal arterial	230 feet
Minor arterial	185 feet
Connector street	150 feet

(F) Building height. Maximum of forty feet unless otherwise modified by site development plan, PUD plan, or use by special review approval.

(G) Parking lots. Parking lots of greater than 100 spaces should be broken into smaller, connected lots by the use of landscaping and other screening techniques. Projects with more than 500 parking spaces may submit parking plans which demonstrate that the visual impacts of the parking lots are minimized as an alternative to this requirement. Parking shall be provided for bicycles and motorcycles in a location proximate to building entryways.

(H) Building design and materials. Each development shall present a consistent theme or style to promote visual identity.

(1) Building material should be of high quality and attractive appearance using matte texture earth tones. Masonry, brick, and stone in their natural state are preferred as principal cladding materials. Textured concrete, architectural block, stucco, modulated in jointed patterns and precast concrete with appropriate detailing are also acceptable materials. Materials, detailing, and colors should be repeated on all building facades.

(2) The use of reflective glass should be minimized and any use of highly reflective glass is prohibited.

(3) Unpainted or untextured concrete or masonry, metal buildings, or unpainted metal are prohibited.

(4) The use of roof or facade offsets or breaks is encouraged. Roof planes should be varied. Facade lines should be broken at least every forty feet on all building sides. Large scale buildings over 500,000 square feet or common-walled cluster buildings over 500,000 gross building area are allowed larger areas of unbroken facade with the mitigation of visual impacts through other techniques.

(5) All mechanical equipment to be screened from view in a manner consistent with the design of the structure and site.

(6) All service areas to be screened in a manner consistent with the design of the structure.

(7) Building entrances should be easily identifiable from the street and principal drive.

(8) The color palette should be simple and consistent within projects. Colors should be compatible with neighboring development. Bright or primary colors should be used only for accent elements.

(I) Fencing. Fencing shall be constructed of brick, masonry, stone, architectural block, or wrought iron. Fencing material should be compatible with building cladding materials used on the project. Knee walls are encouraged to screen parking areas. Fencing of greater than four feet should be used on a limited basis when other screening techniques are not feasible.

(J) Signs. A sign plan is required for all development. Projects exceeding 200,000 square feet of gross leasable area may vary from these standards with a comprehensive signage design plan. All signs shall be architecturally integrated with the overall project design.

(1) Only monument signs are allowed freestanding. Monument signs shall not exceed thirty-two square feet per face nor shall the sign area exceed four feet in height or six feet total for the sign structure, and the horizontal length shall not exceed eight feet.

(2) Wall signs may not extend above roof line and shall be consistent throughout the project.

(3) Billboards are prohibited.

(4) Only one sign is permitted at street access points.

(5) Internally lit signs may only illuminate text and logos. External illumination shall be from concealed sources.

(K) Lighting.

(1) Exterior lighting shall not create glare or spillover light to adjacent properties.

(2) Walkway lighting should not exceed sixteen feet in height.

(L) Transit. Projects shall be designed to facilitate transit services.

(M) Building orientation. Buildings should, to the extent feasible, be grouped in a manner to create plazas, walkways, and other gathering places while preserving key views. (Ord. 907 §2, 1991; Ord. 1252 §1, 1997)

17-29-060 Prohibited uses.

(A) Mobile homes or modular housing.

(B) Commercial outdoor recreational uses, amusement parks, or sports arenas, not including golf courses or country clubs.

(D) Building or construction supply, sales, or storage yards.

(E) Car wash facilities except as an accessory use.

(F) Manufacture or storage of oil, gasoline, or petroleum products for distribution, not including gasoline service stations.

(G) Automobile sales or storage.

(H) Mini-storage of warehousing facilities.

(I) Animal kennels.

(J) Chemical manufacturing plants.

(K) Cement, concrete, lime, or gypsum manufacturing.

(L) Fertilizer manufacturing.

(M) Aggregate plants.

(N) Commercial manufacturing or storage of hazardous materials such as gasoline, flammable liquids, and gases, industrial waste products.

(O) Outdoor storage of rubbish, refuse, wastes, junk or salvage yards, automobile, truck, or machinery storage, shipping containers, or vegetable or animal by-products.

(P) Landfills or recycling facilities. (Ord. 1252 §2, 1997)

Chapter 17-30

Uses Permitted by Special Review

17-30-010 Approval required.

Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the land use review commission. (Ord. 149 Art. 17(part), 1973; Ord. 1111 §19, 1995)

17-30-020 Request; submittal when.

All requests for a use permitted by special review shall be submitted in writing to the secretary of the land use review commission meeting and shall include an application fee of $500.00. (Ord. 149 Art. 17 §1(1), 1973; Ord. 1111 §20, 1995; Ord. 1692 §1, 2002)

17-30-030 Application; contents.

(A) The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, off-street loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help the land use review commission to make a reasonable recommendation.

(B) The application for uses permitted by special review for oil or gas wells or for injection wells shall follow the application requirements set forth in chapter 17-54.

(C) The application for uses permitted by special review for wireless communications towers shall follow the application requirements set forth in chapter 17-35, B.M.C. (Ord. 149 Art. 17 §1(2), 1973; Ord. 750 §4, 1987; Ord. 967 §2, 1993; Ord. 1026 §3, 1994; Ord. 1111 §21, 1995; Ord. 1194 §8, 1996; Ord. 1514 §9, 2000)

17-30-040 Request; review.

The land use review commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter 17-52.

(A) Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title.

(B) For oil and gas wells or injection wells, the review criteria shall be the factors set forth in section 17-54-080. (Ord. 516 §6, 1983; Ord. 967 §3, 1993; Ord. 1111 §22, 1995)

17-30-050 Request; recommendation; conditions.

After completing its review of a special review request, the land use review commission shall submit its written report and recommendation to the city council. The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community. (Ord. 149 Art. 17 §1(4), 1973; Ord. 1147 §2, 1995)

17-30-060 Request; approval, conditional approval; denial.

The city council shall consider the request and the land use review commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section 17-30-040. The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter 17-52. (Ord. 516 §7, 1983; Ord. 1111 §23, 1995)

17-30-070 Decision to be stated in official minutes.

Any decision of the land use review commission or city council on special reviews shall state in the official minutes the reasons for such decision. (Ord. 149 Art. 17 §1(6), 1973; Ord. 1111 §24, 1995)

17-30-090 Approval; period; void when.

All special review requests approved by city council prior to January 1, 1988, shall be valid for one year from the approval date. All special review requests approved by city council after January 1, 1988, shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved by the city council. (Ord. 750 §6, 1987)

17-30-100 Special considerations.

The following additional requirements or considerations for uses permitted by special review shall be met as described in this section. Conditions in addition to those set forth below may also be applied by the city council:

(A) Churches in the E-2 district, provided that the minimum area of the lot is at least three times the total floor area of the church building.

(B) Child day care facilities; provided that:

(1) For child day care facilities providing care for five through twelve children: a) at least fifty square feet per child of usable indoor floor area; and b) at least 200 square feet per child or 1,500 square feet of outdoor fenced play area is provided, whichever is greater.

(2) For child day care facilities providing care for thirteen or more children: a) a minimum of thirty square feet per child or 600 square feet of usable indoor floor area, whichever is greater, and a minimum of fifty square feet of usable indoor floor area per child for nursery care; and b) a minimum of seventy-five square feet per child or 2,400 square feet of outdoor fenced play area, whichever is greater.

(3) The child day care facilities are properly licensed by the Colorado State Department of Social Services, as required by statute.

(C) Noncommercial recreational uses, including swimming pools, community buildings, tennis courts, and similar uses as a principal use in the E-1, E-2, R-1, R-3, and R-5 districts; provided that lighting of outside areas is controlled and that all buildings and active play areas are located at least 225 feet from all lot lines.

(D) Planned unit developments if the requirements, procedures, and approvals of chapter 17-38 are met.

(E) Colleges and universities in the R-5 district; provided that the total area is at least forty acres and that buildings are located at least one hundred feet from all lot lines.

(F) Mobile home communities in the R-1, R-3, and R-5 districts; provided that each mobile home community complies with the requirements of chapter 17-42.

(G) All gas stations, outdoor recreational uses, outdoor restaurants, and other outdoor eating and drinking places in the B-1 and B-2 districts, provided that:

(1) Access locations are approved by the city engineer;

(2) Lights and signs are controlled to protect adjacent residential areas;

(3) Landscaping or solid fencing capable of screening the adjacent property is provided whenever such uses abut residential zoning district lines.

(H) Undertaking establishments in the B-1 district; provided that special provisions are made for off-street parking and for screening from any adjoining residential zoning district.

(I) Warehouse, distribution, and wholesale uses in the I-1 district; provided that truck traffic serving such uses would not be detrimental or hazardous to other existing or future limited industrial uses in the same zoning district or to uses in other adjoining zoning districts. (Ord. 149 Art. 17 §2, 1973; Ord. 257 Art. 1 §5, 1975)

Chapter 17-31

Temporary Sales Stands

17-31-010 Approval required.

Temporary retail sales uses and structures, except flea markets, are allowed in the B-1 and B-2 zone districts upon approval by the city manager or his or her designee. (Ord. 768 §1, 1988; Ord. 1682 §4, 2002)

17-31-020 Application requirements.

The application shall be submitted in written and graphic form and shall include the following items:

(A) Name, address, and telephone number of applicant;

(B) Consent of the property owner for the uses and structures proposed;

(C) A plan of the property to be occupied which shows the location of existing and proposed structures, access, and parking;

(D) Written description of proposed business operation;

(E) Written or graphic description of proposed structures including size, materials, and signs; and

(F) For food sales, evidence of health department approval. (Ord. 768 §1, 1988)

17-31-030 Conditions for approval.

If the city manager or his or her designee finds that all of the following conditions are met, approval should be given for the temporary use:

(A) The applicant must have all licenses and permits required by title 15, B.M.C.

(B) The applicant must have a sales tax license.

(C) The proposed use must be set back at least thirty feet from the curb of a public street and at least 150 feet from dwellings.

(D) If located at a street corner or driveway entrance, the use shall not obstruct visibility of motorists.

(E) Access to public streets must be limited to existing driveways or as approved by the city engineer. If the use is located on property which abuts a state or federal highway, access shall be limited to existing driveways or new driveways approved by both the city engineer and the Colorado Department of Highways.

(F) The proposed use and vehicle or structure shall have a neat appearance. Structures shall not be built out of used lumber or rusty metal.

(G) Proposed lighting shall not glare onto adjoining properties or onto public streets.

(H) Signage shall be limited to the walls or sides of a vehicle or structure or to a single freestanding sign which is not more than ten square feet in area per sign face. Signs specifically approved as part of a temporary retail sales use shall be exempt from the regulations of chapter 17-44.

(I) Adequate off-street parking shall be provided for employees and customers so as not to reduce required parking for adjoining businesses or interfere with the flow of traffic. Parking for temporary uses approved under this chapter need not be paved.

(J) Food service uses shall provide functional, attractive, and adequate trash containers. (Ord. 768 §1, 1988)

17-31-040 Time limits.

A temporary use permit shall be valid for a maximum time period of ten calendar days. The permit may be renewed up to three times in any twelve-month period. The following uses may be granted permits for longer time periods, but may not be renewed:

Christmas tree sales	30 days
Produce sales	90 days
Nursery stock sales	90 days
Retail (ready-to-eat) food sales	60 days

(Ord. 768 §1, 1988)

17-31-050 Maintenance standards.

(A) The use and any associated structures shall be maintained at all times in a clean and neat condition. Deteriorated and shabby structures are prohibited.

(B) Parking shall be limited to areas shown on the approved application.

(C) Trash and rubbish resulting from the use shall be completely contained on the approved site and shall be disposed of daily. (Ord. 768 §1, 1988)

Chapter 17-32

Accessory Buildings and Uses

17-32-010 Accessory building and use defined.

(A) Accessory building and use means a subordinate use of a building, other structure, or tract of land, or a subordinate building or other structure:

(1) Which is clearly incidental to the use of the principal building;

(2) Which is customary in connection with the principal building;

(3) Which is ordinarily located on the same lot with the principal building, other structure, or use of land.

(B) Accessory building and use may include, but is not limited to, the following:

(1) Home occupations;

(2) Household pets;

(3) Signs;

(4) Off-street parking areas;

(5) Off-street loading areas;

(6) Fences, hedges, and walls;

(7) Private greenhouse;

(8) Private swimming pool;

(9) Storage of merchandise in business and industrial districts;

(10) Fallout shelters;

(11) Cultivation, storage, and sale of crops, vegetables, plants, and flowers produced on the premises; and

(12) Detached garages. (Ord. 149 Art. 18 §2, 1973)

17-32-020 Home occupations.

(A) Home occupation means a trade, occupation, or profession conducted by any person within or from a dwelling unit.

(B) The city council finds and declares that home occupations are an important and vital part of the city and provide benefit to residents of the city; that residents of neighborhoods have an interest in protecting the residential character of their neighborhoods; and that regulation of home occupations is necessary in order to foster and promote an amicable relationship between those who conduct home occupations and their neighbors.

(1) Except for family child care homes, such use shall be conducted entirely within a dwelling unit and carried on by the inhabitants living there and no others;

(2) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and shall not change the character thereof;

(3) Except for family child care homes, the total area used for such purposes shall not exceed one-half the first floor area of the user's dwelling unit;

(4) There shall be no exterior signs or advertising;

(5) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation;

(6) There shall be no offensive vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line;

(7) No more than two motor vehicles associated with patrons or employees of the home occupation shall be parked at any time on the dwelling unit site or on the street frontage of such dwelling unit;

(8) No more than one motor vehicle and no more than one trailer as defined in section 10-12-040, B.M.C., used in whole or in part for a home occupation, shall be parked at any time on the dwelling unit site or on the street frontage of such dwelling unit; and

(9) No commercial vehicle as defined in section 235(a) of the Model Traffic Code for Colorado Municipalities, Revised 1995, used in whole or in part for a home occupation shall be parked at any time on the dwelling unit site or on the street frontage of such dwelling unit.

(D) Family child care homes, as defined below, shall be allowed as home occupations, subject to the following regulations:

(1) Family child care homes are those residential households in which care is provided for two or more children under the age of thirteen not related to each other or children from more than one family for less than twenty-four hours, on a regular weekly basis.

(2) Family child care homes must be licensed by the state and comply with all state regulations promulgated by the Colorado Department of Human Services, and all local zoning and building regulations.

(3) Family child care homes may care for no more than eight children total, including the children of the provider, and in no event more than six children not attending full-day school, including the children of the caretaker, at any one time.

(4) Rear yard storage of playground equipment, swing sets, toys, and other items associated with outdoor activity related to a family child care home is allowed.

(5) No more than two motor vehicles associated with patrons or employees of the family child care home may be parked at any time on the dwelling unit site or on the street frontage of such dwelling unit, other than fifteen minutes or less for the purpose of loading or unloading property or passengers.

(E) Adult daycare homes, as defined below, shall be allowed as home occupations, subject to the following requirements:

(1) Adult daycare homes are those residential households in which care is provided for not more than five persons over the age of thirteen for less than sixteen hours per day, on a regular weekly basis;

(2) Adult daycare homes shall comply with all applicable state, federal and local laws and regulations, including local zoning, building and fire regulations;

(3) Adult daycare homes shall obtain all necessary licenses and certifications as required by the state;

(4) Adult daycare homes may only operate after approval from the city council following a public hearing. The city council shall consider the request and shall make a final decision of approval, of approval with conditions or of denial. Along with the other factors set forth in this section, city council shall consider the relation of the requested uses to the character of the surrounding neighborhood, the proposed hours of operation, any proposed expansion or remodeling of the residence, and the desirability and need for such a use in the specific area of the community at the public hearing prior to making its final decision. Notice of such public hearing shall be given in accordance with chapter 17-52;

(5) Adult daycare homes may have not more than two motor vehicles associated with patrons or employees other than residents of the adult daycare home parked at any time on the dwelling unit site or on the street frontage of such dwelling unit, other than fifteen minutes or less for the purpose of loading or unloading property or passengers;

(6) At least 100 square feet of finished interior space, as defined in section 17-04-202(C) B.M.C., for each resident and care recipient; and

(7) Adult daycare homes shall not be located within 1,500 feet of an existing approved adult daycare facility or residential assisted living facility for persons sixty years of age or older. (Ord. 149 Art. 18 §3, 1973; Ord. 433 §2, 1981; Ord. 1394 §1, 1999; Ord. 1590 §2, 2001; Ord. 1817 §1, 2005)

17-32-030 Household pets.

Pets, such as dogs and cats which are generally kept within a dwelling, shall be considered as a permitted accessory use, provided that the conditions of all other applicable city ordinances are met. (Ord. 149 Art. 18 §4, 1973)

17-32-040 Off-street parking; required spaces.

(A) Each new building or change of use, or addition to any use, shall provide off-street parking spaces as designated in this section:

Building Type	Spaces Required
Auto repair shop	1 for each 150 sq. ft. of gross floor or each employee
Auto or truck implement and mobile home sales	1 for each employee
Animal hospital or kennel	1 for each employee
Boardinghouse or lodging house or tourist home	1 for each guest bedroom and resident family
Commercial recreation (not specifically mentioned)	1 for each 200 sq. ft. of gross floor space for each employee
Car wash/	1 for each employee
Single-family and two-family residential dwelling	2 per dwelling unit
Multiple dwellings
1 bedroom	1.5 per unit
2 bedroom	2 per unit
3 bedroom	2.5 per unit
4 bedroom	3 per unit
Each additional bedroom over 4	3 (plus ½ space per additional bedroom)
Gas station	1 for each 150 sq. ft. of gross floor space
Hotel, motel	1 per guest bedroom plus 1 space for each 3 employees
Membership building	1 for each 6 members
Mobile home park	2.2 per mobile home
Professional office in a residential building	1 per 100 sq. ft. floor space used by such office
Auditorium, stadium, theater, convention hall, or similar place of public use	1 for each 4 seats (bench capacity computed at 1 seat for each 20 inches)
Bowling alley	3 for each lane
Churches	1 for each 7 seats in principal place of assembly
Drive-in restaurant or stand	1 for each 25 sq. ft. of floor space
Funeral home	1 for each 175 sq. ft. of assembly room
Hospital	1 per bed
Manufacturing, processing, or bottling	1 for each 2 employees on maximum shift or not less than 1 for each 500 sq. ft. of gross floor area
Medical office or clinic	1 for each 150 sq. ft. gross floor space
Offices and office buildings	1 for each 300 sq. ft. gross floor space
Private schools (commercial)	1 for each 50 sq. ft. of gross floor space
Public library, gallery, museum	1 for each 300 sq. ft. gross floor space
Research institute or laboratory	1 for each 2 employees per maximum shift, or 1 for each 500 sq. ft. gross floor area, whichever is greater
Restaurants, cafes, and drinking places	1 for each 150 sq. ft. gross floor space
Retail store, shop, bank	1 for each 200 sq. ft. gross floor space
Elementary, junior high school, and private schools (noncommercial)	1 for each ½ classroom or parking required for auditorium, whichever is greater
Senior high school	1 for each ¼ classroom, and parking required for auditorium
Warehouses and storage buildings	1 for each employee or 1 for each 800 sq. ft. gross floor area, whichever is greater
Child day care facility	1 per 2 staff employees or staff volunteers 1 per 8 children 1 per each child day care facility vehicle

(B) Parking requirements for buildings containing more than one use shall be established by determining the required number of spaces for each separate use.

(C) Compact spaces may comprise no more than forty percent of all parking spaces provided. Compact spaces must be signed as compact parking spaces.

(D) Handicap parking spaces must be provided at the following minimum rate for nonresidential projects:

Total Parking Spaces in Lot or Garage	Minimum Required Number of Accessible Spaces
1-25	1
26-50	2
51-75	3
76-100	4
101-150	5
151-200	6
201-300	7
301-400	8
401-500	9
501-1,000	2% of total spaces
Over 1,000	20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000

(E) Handicap-accessible parking for multi-family residential developments shall be provided in conformance with the Americans with Disabilities Act (ADA), Federal Fair Housing Act (FFHA), and International Building Code (IBC), as amended.

(F) Handicap parking spaces shall be as close as possible to principal disabled entrances, and for multi-building developments or shopping centers, be dispersed in a manner to ensure easy access and to minimize the travel distance for disabled persons. (Ord. 149 Art. 18 §5(part), 1973; Ord. 235 §1, 1974; Ord. 257 Art. 1 §5, 1975; Ord. 1349 §1, 1998; Ord. 1877 §1, 2007)

17-32-050 Off-street parking; off premises.

In lieu of locating parking spaces required by this chapter on the lot which generates the parking requirements, such parking spaces may be provided on any lot or premises owned by the owner of the parking generator, within 300 feet of the property generating such parking requirements, for any business, commercial, or industrial use. Ownership in this regard may include participation in a parking district or other joint venture to provide off-street parking areas to the extent that each zoning requirement can be met by a proportionate or greater number of off-street parking spaces in the lot held in joint ownership. (Ord. 149 Art. 18 §5(1), 1973)

17-32-060 Off-street parking; to be unobstructed.

All area counted as off-street parking space shall be unobstructed and free of other uses. (Ord. 149 Art. 18 §5(2), 1973)

17-32-070 Off-street parking; access requirements.

Unobstructed access to and from a street shall be provided for all off-street parking spaces. Space size and aisle widths shall be as follows:

Type of Parking	Minimum Width (Rectangular)	Minimum Length (Rectangular)	Minimum Aisle Width
Standard	9 feet	19 feet	0-60 degrees – 18 feet 61-90 degrees – 25 feet
Compact	8 feet	15 feet	0-60 degrees – 18 feet 61-90 degrees – 25 feet
Handicapped	13 feet	19 feet	0-60 degrees – 18 feet 61-90 degrees – 25 feet

(Ord. 149 Art. 18 §5(3), 1973; Ord. 1349 §2, 1998)

17-32-080 Off-street parking and additional parking surface requirements.

(A) All vehicles, as defined in article II, section 102(88) of the Model Traffic Code, shall be parked in off-street parking spaces or areas as defined in this section, and no more than twenty percent of the total square footage of a residential lot can be used for off-street parking.

(B) All open off-street parking spaces and access to such spaces from the street shall be surfaced with asphalt or concrete, unless otherwise provided in this section.

(C) In residential areas (R-1, E-2, or PUD medium or low density residential) the minimum number of off-street parking spaces in the area between the front of a garage and the front lot line and access required by section 17-32-040, B.M.C., must be surfaced with asphalt or concrete.

(D) In residential areas (R-1, E-2, or PUD medium or low density residential) additional parking area, beyond the minimum set forth in subsection (C) above, may be allowed in said residential zoning districts, for corner lots in the back yard so long as there is access from the street directly to the rear yard and, for all other lots in the area, between the garage and the closest side lot line as such area extends from the front lot line to the rear lot line, provided that:

(1) Any surface on which a vehicle is driven or parked must be surfaced with asphalt or concrete or consist of rock or gravel at least three inches deep and must be kept free of vegetation; and

(2) If necessary to prevent rock or gravel from spreading, a border is installed.

(E) In rural and rural residential areas (A-1, RR, E-1, and E-3 districts), all open off-street parking and additional parking areas, including access to such areas, shall be surfaced with asphalt, concrete or rock or gravel at least three inches deep and must be kept free of vegetation.

(F) Nothing in this section shall prevent the temporary parking of a vehicle on other areas of a residential lot for purposes of maintenance, provided that such period of time does not exceed one hour. (Ord. 149 Art. 18 §5(4), 1973; Ord. 1792 §1, 2005)

17-32-090 Off-street parking; screening requirements.

All off-street parking areas with more than ten spaces shall screen said spaces in part from view from adjacent streets by providing either:

(A) A low three-foot to four-foot decorative fence or wall between the required landscaped area and the parking area; or

(B) Earth mounds of three to four feet in height, which shall be landscaped and placed between the street and the parking area. (Ord. 149 Art. 18 §5(5), 1973)

17-32-100 Off-street parking; lighting requirements.

Parking lot lighting shall be reflected away from residential areas. (Ord. 149 Art. 18 §5(6), 1973)

17-32-110 Off-street parking; prohibited where.

Parking lots shall not be located in front yards in any R-3 or R-5 residential district. (Ord. 149 Art. 18 §5(7), 1973)

17-32-120 Off-street parking; joint use permitted when.

Off-street parking spaces may be provided in areas designated to serve jointly two or more buildings or user; provided that the total number of off-street parking spaces shall not be less than that required by this chapter for the total combined number of buildings or uses. (Ord. 149 Art. 18 §5(8), 1973)

17-32-130 Off-street parking; other use; replacement space required.

No part of an off-street parking space required for any building or use for the purpose of complying with the provisions of this chapter shall be included as a part of an off-street parking space similarly required for another building or use, and no part of an off-street parking space required for any building or use for the purpose of complying with the provisions of this chapter shall be converted to any use other than parking, unless additional parking space is provided to replace such converted parking space and to meet the requirements of any use to which such parking space is converted. (Ord. 149 Art. 18 §5(9), 1973)

17-32-140 Fences, hedges, and walls.

Fences, hedges, and walls may be permitted in the various districts as accessory uses in accordance with the following limitations:

(A) No fence in any district shall exceed six feet in height, except:

(1) As necessary to comply with subsection (F) of this section concerning the enclosure of outdoor swimming pools;

(2) Fences adjacent to the state highways may be up to eight feet in height; and

(3) Fences in the B-1, B-2, I-1, and I-2 districts may be up to eight feet in height.

(B) No fence, hedge, wall, shrubbery, or sign shall interfere with the vision of motorists at any intersection. Signs, when permitted, shall be set back a minimum of fifty feet from any intersecting right-of-way lines of two streets.

(C) Only ornamental fences not more than two and one-half feet in height shall be permitted in the front yard in any E-1, E-2, R-1, R-3, or R-5 district.

(D) All fences and walls located in a required front yard in any other district shall be set back from the front lot line two feet for each foot of fence height.

(E) Fences installed within street rights-of-way shall comply with chapter 12-08, B.M.C.

(F) All outdoor swimming pools shall be enclosed by a fence or wall at least six feet but not more than eight feet in height, with a gate or gates which can be securely locked.

(G) Electrified, razor wire, and barbed wire fences are prohibited in all zone districts, except as provided in subsection (H) and (I) below.

(H) Fences in an I-1 or I-2 district, or along the boundary of such a district, may include up to four strands of barbed wire. This barbed wire must be a minimum of six feet and a maximum of eight feet from the ground. The barbed wire segment may be placed at a forty-five-degree angle.

(I) Fences installed in RR districts are subject to the following requirements:

(1) Open fences of not more than forty-two inches in height are permitted in front yards.

(2) Barbed wire fences of not more than seventy-two inches in height are permitted in side and rear yards.

(3) Electric fences are permitted as internal fences but not as external fences. (Ord. 669 §5, 1986; Ord. 678 §2, 1986; Ord. 1365 §2, 1999; Ord. 1878 §1, 2008)

17-32-150 Outside storage; inoperative automobiles.

(A) All outdoor storage areas shall be enclosed by a solid fence or wall at least six feet in height.

(B) Automobiles which cannot meet state inspection standards for travel on public highways shall not be permitted as an accessory use in any zoning district. (Ord. 149 Art. 18 §7, 1973; Ord. 235 §2, 1974)

Chapter 17-34

Supplementary Regulations

17-34-010 Lot area and width; sewage system required.

(A) Where an individual lot was held in separate ownership from adjoining properties or was platted prior to the effective date of the ordinance codified in this title in a recorded subdivision and has less area or less width than required in other sections of this title, such a lot may be occupied according to the permitted uses provided for the district in which the lot is located; provided that no lot area or lot width is reduced more than one-third of the zoning requirements otherwise specified by this title.

(B) For the purpose of complying with the provisions of this title, no part of an area or width of a lot shall be included as an area or width required for another lot.

(C) Every principal building hereinafter erected upon a tract of ground not served by a public sanitary sewage system shall be served by a private sanitary sewage system which complies with all state and county regulations.

(D) No lot shall have a front lot line or street frontage of less than forty feet. (Ord. 149 Art. 18 §8, 1973)

17-34-020 Yards.

(A) Major highway setback. The setback for any yard adjacent to a major highway as designated on the zoning district map shall be one hundred ten feet from the centerline of the right-of-way; except that where more than fifty percent of the block is developed with buildings having less setback, the average front line of such buildings shall be the minimum setback requirement for all new construction in such developed block.

(B) Developed areas. In any district where lots comprising fifty percent or more of the frontage on one side of a street between intersecting streets have been improved with buildings at the time of passage of the ordinance codified in this title, the average front yard or setback of such buildings shall be the minimum front yard or setback required for all new construction in such block. Vacant lots shall be calculated at the present setback requirement to determine the block average. In no instance shall the setback be less than ten feet.

(C) Reduction. No part of a yard required for any building for the purpose of complying with the provisions of this title shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided in this title.

(D) Architectural features. Cornices, canopies, eaves, or similar architectural features may extend into a required yard not more than two feet.

(E) Fire escapes. Fire escapes may extend into a required yard not more than six feet.

(F) Decks, garages, carports, and porches. In any non-PUD district, decks, garages, carports, or porches may extend not more than six feet into any front or rear yard setback.

(G) Reversed corner lots. The side yard along the street side of a reversed corner lot shall be not less than the required front yard for principal buildings along such a side street.

(H) Accessory buildings. Permitted accessory buildings may be located in the required side or rear yard of a principal building, provided that such accessory buildings are located at least seven and one-half feet from any principal building or from another accessory building and not located in any side yard adjacent to a street. (Ord. 149 Art. 18 §9, 1973; Ord. 1020 §1, 1993)

17-34-030 Building height.

(A) All dwellings shall be constructed with at least fifty percent of the roof surface higher than seven feet from grade.

(B) It shall be unlawful to construct, build, or establish any building, tree, smokestack, chimney, flagpole, wire, tower, or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing, and take-off of aircraft at a publicly-used airport.

(C) Approvals of buildings of a height greater than permitted in this title may occur when approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 18 §10, 1973)

17-34-040 Radio antennae and towers.

The height above grade of all privately owned and operated radio towers shall not exceed fifty feet, with a maximum of an additional two feet for the antenna. Approvals of antennae higher than permitted in this section may occur when approved by the city in accordance with chapter 17-30. Privately owned and operated radio towers or antennae shall be set back at least ten feet from any lot line, and shall not be located in any front yard. (Ord. 149 Art. 18 §11, 1973; Ord. 250 Art. 1, 1975)

17-34-050 Wind-powered mechanical and electrical equipment.

Devices for the conversion of wind energy to mechanical or electrical energy are not a use by right in any zoning district. Such devices are a use permitted by special review in accordance with chapter 17-30. (Ord. 495 §1, 1982)

17-34-060 Refuse and recycling areas.

(A) All new and significantly remodeled structures where refuse is generated by the use of the structure shall provide adequate space for the collection and storage of refuse and recyclable materials.

(B) Significantly remodeled, for purposes of this section, means structures where the value of additions or renovations is fifty percent or more of the fair market value of the structure prior to the additions or renovations. The value of the additions shall be as determined by the chief building official or the chief building official's authorized representative. The fair market value of the structure shall be the current actual value of the structure as determined by the county assessor. A party who disagrees with the decision of the chief building official or his or her authorized representative may appeal the decision to the building and construction review board.

(C) The following structures are exempt from the provisions of subsection (A) above: single-family dwellings; and multi-family dwellings where there are no central or communal refuse or recycling collection or storage facilities or where refuse and recyclable materials are stored and collected on an individual unit basis.

(D) The amount of space provided for the collection and storage of recyclable materials must be at least as large as the amount of space provided for the collection and storage of refuse materials, and shall be designed to accommodate collection and storage containers consistent with the recyclable materials generated. Exception may be granted by the city and county manager or a designee thereof for existing buildings where this provision will negatively impact parking stall requirements.

(E) Storage and collection containers shall be clearly labeled or identified to indicate the type of materials accepted. Recyclable materials storage areas shall be located adjacent to refuse collection and storage areas in order to provide convenient recyclable materials drop-off and storage.

(F) Refuse and recycling areas shall be enclosed such that they are screened from public view. The enclosure shall be constructed of durable materials, such as masonry, and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be painted to match the enclosure, and shall be properly maintained. (Ord. 1739 §2, 2003)

Chapter 17-35

Wireless Communications Facilities

17-35-010 Definitions.

In addition to those definitions in chapter 17-04, the following definitions apply for purposes of this chapter:

(A) Accessory equipment means equipment, including buildings and cabinets, used to protect and enable operation of radio switching equipment, back-up power, and other devices, but not including antennas, that are necessary for the operation of a wireless communications facility.

(B) Alternative tower structure means innovative siting techniques such as artificial trees, clock towers, grain silos, bell towers, false chimneys, steeples, light poles, windmills, and similar design mounting structures that camouflage or conceal the presence of antennas or towers.

(C) Antenna means any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, or any other communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals, or other communications signaling of any bandwidth.

(D) Building mounted wireless communications facility means a wireless communications facility that is supported entirely on the wall or roof of a legally existing building or structure, as defined in section 17-04-480, which may include accessory equipment.

(E) Monopole means a structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors.

(F) Preexisting towers, monopoles, or antennas means any tower, monopole, or antenna lawfully constructed or permitted prior to the adoption of this chapter, but does not include the replacement of such.

(G) Tower means a structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto.

(H) Wireless communications facility means any facility consisting of antennae, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless communications including, but not limited to, paging, enhanced specialized mobile radio, personal communication service, cellular telephone, common carrier wireless exchange access service, wireless Internet, and similar technologies. Siting for wireless communications facilities is a use of land and is subject to the city's zoning ordinances and all other applicable ordinances and regulations. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-020 Administrative approval.

The city manager or his or her designee may approve the location of the following wireless communications facilities within any location in the city:

(A) Antennas on existing structures. Any antenna which is not attached to a tower may be approved administratively as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of four or more dwelling units. Wireless communications equipment intended for commercial use may not be located on residential structures of less than four dwelling units.

(B) Antennas on existing towers. Placement of antennas on existing structures and co-location by more than one carrier of antennas on existing towers shall take precedence over the construction of new towers, and may be approved administratively provided such is accomplished in a manner consistent with this section.

(C) Cable microcell networks. Installation of cable microcell networks through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers and is intended to improve coverage and capacity of existing wireless communications facilities may be administratively approved in accordance with this section.

(D) Monopoles. Installation of monopoles up to five feet in height taller than surrounding light poles, utility poles, or similar structures may be approved administratively in a manner consistent with this section.

(E) All wireless communications facilities for which administrative review is sought must comply with the following conditions:

(1) The antenna complies with the requirements of section 17-35-070;

(2) The antenna complies with all applicable FCC and FAA regulations;

(3) The antenna and accessory equipment employ alternative tower structures, and blend to the natural setting and surrounding architecture in a manner which helps camouflage the facility;

(4) All accessory equipment is located within a preexisting structure or below grade; or if a new structure is required to house such equipment, such structure is harmonious with and blends with the natural features, and is compatible with surrounding buildings and structures. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location, or other techniques deemed sufficient.

(F) At the discretion of the city manager or his or her designee, any application for administrative approval may be referred to the land use review commission and city council for special review in accordance with this chapter.

(G) If an administrative approval is denied, the applicant may file a new application for special review in accordance with section 17-35-030. (Ord. 1514 §1, 2000)

17-35-030 Application requirements for wireless communications facilities.

(A) Site plans. The site plans for wireless communications facilities shall be submitted on one or more plats or maps, at a scale not less than 1" = 50', showing the following information:

(1) The proposed size and location of the facilities and accessory equipment, and for towers, the boundaries of the tower site, including existing and proposed topography at two-foot intervals, referenced to USGS data, state plane coordinates, and a legal description of the proposed site;

(2) Elevations of all equipment, indicating materials, overall exterior dimensions, and colors;

(3) True north arrow;

(4) Locations and size of existing improvements, existing vegetation, if any; location and size of proposed improvements, including any landscaping;

(5) Existing utility easements and other rights-of-way of record, if any;

(6) For towers, location of access roads;

(7) The names of abutting subdivisions or the names of owners of abutting, unplatted property within 400 feet of the site; zoning and uses of adjacent parcels; and

(8) Proof of ownership in a form acceptable to the city.

(B) Vicinity maps. The vicinity maps submitted with an application under this chapter shall include one or more maps showing the location of existing and planned wireless communications facilities belonging to the applicant, within five miles of the proposed facility. Planned facilities may be identified in general terms and need not be address specific.

(1) The applicant's and surface owner's names, addresses, signatures, and designation of agent, if applicable;

(2) An explanation of the need for such a facility, operating plan, and proposed coverage area;

(3) An explanation of the applicant's knowledge of alternatives to the proposed facility, what the technology is at the time of the application, and why other sizes or alternative tower or antenna structures will not work, and the relative costs for alternatives. After the facility is erected, the owner and/or user of same must inform the city of significant changes in technology which might allow alternatives to the facility;

(4) An explanation of how the proposed facility blends with the natural features in the area, and is compatible with surrounding buildings and structures;

(5) An explanation of the compatibility, or incompatibility, of the proposed facility with existing antennas or towers in the city, and those within five miles of the city's borders. A full explanation of why any existing antennas or towers can or cannot be utilized must be included in the narrative;

(6) A list of all permits or approvals obtained or anticipated to be obtained from local, state, or federal agencies other than the FCC;

(7) Affirmation that the proposed facility, alone or in combination with other like facilities, will comply with current Federal Communications Commission's (FCC) standards for cumulative field measurements of radio frequency power densities and electromagnetic fields;

(8) Affirmation that the facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts;

(9) Affirmation that the facility will not interfere with any public safety frequencies servicing the city and its residents;

(10) A report describing the structure's ability to support co-locations, and affirmation that, if approved, the applicant and surface owner will make the facility available, on a reasonable basis, to other service providers; and

(11) An explanation of compatibility with applicable city master plan design guidelines and standards.

(D) Engineering report. All applications for wireless communications facilities require an engineer's certificate of structural integrity.

(E) Visual analysis. All applicants shall submit a visual analysis, which may include photo montage, field mock up or other techniques, which identifies the potential visual impacts of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.

(F) All facilities must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the Federal Government with the authority to regulate towers and antennas. Failure to bring towers and antennas into compliance with revised standards and regulation within six months of their effective date shall constitute grounds for the removal of the tower or antenna in accordance with section 17-35-100, B.M.C. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

17-35-040 Use by special review.

Within all zoning districts providing for wireless communications towers as a use by special review, it is unlawful for any person to install or operate such a facility unless a use permitted by special review has first been approved by the city council as provided in this chapter. The approval of such use by special review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

17-35-050 Review criteria for wireless communications towers.

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed wireless communications tower meets the following standards:

(A) The site plan complies with the requirements of section 17-35-030(A);

(B) The vicinity map complies with the requirements of section 17-35-030(B);

(D) When applicable, compliance with the setback and height requirements of section 17-35-070. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

17-35-060 Exemption for governmental purpose.

Antennas or towers for governmental purpose located on property owned, leased, or otherwise controlled by the city may be exempt from the requirements of this chapter. This exemption shall be available if a license or lease authorizing the antenna or tower has been approved by the city council and the city council elects, subject to state law and local ordinance, to seek the exemption from this chapter. (Ord. 1514 §1, 2000)

17-35-070 Height and setback requirements; lighting.

(A) Building mounted wireless communications facilities mounted on a wall of an existing building must be mounted as flush with the wall as technically possible and shall not project above the wall on which mounted, unless sufficient screening methods are demonstrated and accepted as part of the approval.

(B) Building mounted wireless communications facilities may be attached to an existing penthouse or existing mechanical equipment enclosure which projects above the roof of a building but may not project any higher than the penthouse or enclosure. Such antennas and related accessory equipment must be completely screened from view by materials that are consistent and compatible with building design, color, and materials.

(C) Applicable zoning setback requirements of this title must be met. At a minimum, all wireless communications towers shall be set back a distance equal to at least the height of the tower from any adjoining lot line. Guys and accessory buildings must satisfy the minimum zoning setback requirements.

(D) Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Such lighting shall not, unless required by the FAA or other applicable authority, include strobe lights, and if a strobe light is required, then red shall be preferred over white, and if a white (constant or strobe) light is required, then the lowest approved intensity white must be used. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-080 No expansion or alteration of nonconforming use.

Towers and monopoles that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion or alteration of a nonconforming use or structure. (Ord. 1514 §1, 2000)

17-35-090 Special mitigation measures; co-location.

The city encourages co-location of wireless communications facilities to minimize the number of sites.

(A) No wireless communications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the administratively approved use, use by special review, or site development plan.

(B) If a competitor attempts to co-locate a facility on an existing or approved facility or location, and the parties cannot reach agreement, the city may require a third party technical study at the expense of either or both of the parties to determine the feasibility of co-location. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-100 Abandonment.

At the request of the city, the operator must furnish a statement to the city indicating the operational status of the facility, and without such request must notify the city if use of a facility has been discontinued or transferred to another entity. If the use has been discontinued, the date on which the facility was last used shall be provided. Wireless communications facilities, including accessory equipment, not used for a continuous period of six months shall be disassembled within twelve months of the last use. If abandoned facilities are not removed, the city may have the facilities removed at the applicant's expense. If two or more providers of wireless communications service use an antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such users. Failure to remove shall constitute a public nuisance. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-110 Prohibition; penalty.

(A) No person shall locate a wireless communications facility upon any lot or parcel except as provided in this chapter.

(B) Preexisting towers or antennas shall not be required to meet the requirements of this subsection, and shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with requirements of this chapter under a new application.

(C) Any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any wireless communications facility in violation of any provision of this chapter or of the conditions and requirements of the special use permit, may be punished as provided in chapter 1-12, B.M.C. Each day of unlawful operation constitutes a separate violation. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-120 Civil action.

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of a wireless communications facility special use permit or administrative approval, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

Chapter 17-36

Nonconforming Uses

17-36-010 Intent.

The intent of this chapter is to specify the conditions upon which certain nonconforming buildings or uses may be continued or altered, and the conditions upon which said uses shall be terminated. This chapter shall not apply to signs, which are subject to chapter 17-44, or to buildings in the RR Rural Residential District, which are subject to chapter 17-09, or to buildings in the E-3 Estate District, which are subject to chapter 17-13. (Ord. 856 §3, 1989; Ord. 1365 §3, 1999; Ord. 1593 §1, 2001)

17-36-020 Nonconforming uses and buildings.

Nonconforming uses and buildings may be continued or altered, subject to the following conditions:

(A) A nonconforming use or building shall not be expanded, enlarged, or relocated.

(B) Whenever less than fifty percent of a nonconforming use or building has been destroyed for any reason, such use or building may be restored to its former condition, provided that such work is started within twelve months and completed within twenty-four months of the event destroying part of the use. For purposes of this chapter, less than fifty percent of a nonconforming building shall be deemed destroyed if the cost of restoring the building to its predestruction condition is less than fifty percent of the fair market value of the building (as determined by an appraiser acceptable to the city manager or his or her designee) immediately prior to such destruction. For purposes of this chapter, less than fifty percent of a nonconforming use (other than a building) shall be deemed destroyed if the remaining area occupied by the use is fifty percent or more of the area occupied immediately prior to such destruction.

(D) A nonconforming building or use may not be altered except upon grant of a variance by the zoning board of adjustment as provided in chapter 17-46. (Ord. 856 §3, 1989)

17-36-030 Abandonment, termination, or destruction.

A nonconforming building or use shall be deemed abandoned and shall thereafter be occupied and used only for a conforming use if any of the following occur:

(A) The nonconforming use is discontinued for a period of one year;

(B) A nonconforming use is altered or changed to a conforming use; or

(C) Fifty percent or more of the nonconforming use is destroyed. For purposes of this chapter, destruction may be by natural causes, human causes, or operation or enforcement of law. (Ord. 856 §3, 1989)

17-36-040 Utility distribution stations excepted.

Nothing in this chapter pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, discontinuance, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding of public utility distribution stations, buildings, structures, uses, equipment, and facilities; provided that there is no change of use or increase of areas so used. (Ord. 856 §3, 1989)

17-36-050 Off-street parking and loading; compliance required.

Where off-street parking or loading facilities for buildings do not conform to the provisions of this title, such buildings shall not be expanded, unless all requirements for off-street parking and loading space for the expansion are satisfied. (Ord. 856 §3, 1989)

Chapter 17-38

Planned Unit Development

I. General

17-38-010 Intent.

The purpose of this chapter is as follows:

(A) To provide for necessary commercial, recreational, and educational facilities conveniently located to housing;

(B) To provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities;

(C) To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws;

(D) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings, and by the conservation and more efficient use of open space ancillary to said buildings;

(E) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economics may enure to the benefit of those who need homes;

(F) To lessen the burden of traffic on streets and highways;

(G) To encourage the building of new neighborhoods incorporating the best features of modern design;

(H) To conserve the value of the land;

(I) To provide a procedure which can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics; and

(J) To encourage integrated planning in order to achieve the above purposes and the directives of the current master plan. (Ord. 725 §1, 1987)

17-38-020 Coordination with subdivision and other regulations.

(A) Review of a preliminary plat under title 16 (if there is one) shall be carried out simultaneously with the review of a PUD plan under this chapter. The PUD plan and any preliminary plat shall cover the same area.

(B) Review of a final plat under title 16 shall be carried out simultaneously with or prior to review of a site development plan under this chapter. The site development plan may include some or all of a final plat.

(C) A PUD plan or a site development may vary the provisions of titles 14, 16, and 17, B.M.C., but only to the extent specifically shown on an approved PUD plan or site development plan.

(D) In a PUD zone district, except for uses permitted by right, no building shall be erected nor shall a building permit or certificate of occupancy be issued unless a site development plan has been approved by the city council. (Ord. 725 §1, 1987; Ord. 1098 §1, 1994; Ord. 1111 §25, 1995; Ord. 1288 §2, 1997; Ord. 1415 §4, 1999; Ord. 1425 §1, 1999)

17-38-030 Concept plan review.

(A) Prior to any official submittal of a PUD plan or site development plan or an amendment to a PUD or site development plan, the applicant shall submit a concept plan to the city council for initial concept review at any regular or special meeting or at a study session. The applicant may also, at its discretion, submit the plan to the land use review commission for its review. It is intended that the land use review commission or the city council discuss with the applicant any significant concern about the plan. No official action is taken at this stage by either the land use review commission or the city council. Plan amendments which meet the criteria for administrative modifications as included in section 17-38-230, B.M.C., shall not be subject to concept plan review.

(B) The city manager may administratively exempt a plan from the provisions of subsection (A) if the following criteria are met:

(1) The plan includes ten or fewer dwelling units;

(2) The plan provides for no more than two additional nonresidential building sites or the development of less than 5,000 square feet of nonresidential building;

(3) The proposed plan or use is in conformity with the master plan;

(4) The city manager determines that the plan will not result in significant traffic, visual, noise, odor, or other impact on neighboring properties;

(5) For PUD plan amendments, the plan represents a change in use of less than ten percent of the land area incorporated within the plan; and

(6) The plan does not propose development requiring significant deviation from city code or administrative policy.

(C) The property that is the subject of a concept plan review shall be posted in accordance with section 17-52-050, B.M.C.

(D) Any comment, suggestion, or recommendation made by any member of the land use review commission or by any councilmember on any concept review plan is gratuitous and does not bind or otherwise obligate either the land use review commission or the city council to any course of conduct or decision after an applicant makes an official submittal of a plan to the city.

(E) Upon submission of an application for a concept review plan, an application fee of $500.00 shall be paid to the city for a concept plan for ten acres or more of land and $200.00 for a concept plan for less than ten acres of land. (Ord. 725 §1, 1987; Ord. 1070 §1, 1994; Ord. 1111 §26, 1995; Ord. 1122 §1, 1995; Ord. 1183 §1, 1996; Ord. 1692 §2, 2002)

17-38-035 Display of PUD plan and site development plan in on-site sales offices.

Copies of the approved and recorded site development plan and of the approved and recorded PUD plan for any residential development shall be conspicuously displayed in the sales office of any residential development that occupies an on-site sales office for the sale of dwelling units. (Ord. 1171 §1, 1996)

II. PUD Plan

17-38-040 PUD plan; scope.

A PUD plan must include all contiguous property in one ownership. (Ord. 725 §1, 1987)

17-38-050 PUD plan; format.

(A) PUD plans shall be in black ink or photographic reproduction, on four-mil thickness mylar (double matted polyester film). The scale shall ordinarily be 1" = 100'. A larger scale or a smaller scale (not less than 1" = 200') may be used with prior approval of the city manager or his or her designee.

(B) The size of the sheets shall be as required by the county where the PUD plan is to be filed.

17-38-060 PUD plan; contents.

The PUD plan shall contain the following information:

(A) All information listed in section 16-16-040, B.M.C.

(B) Identification of all proposed land uses by area, type, location, and size.

(1) Overall design concept;

(2) Design concept for each type of residential layout or lot size;

(3) Type and style of dwellings or buildings;

(4) If project is a deviation from master plan:

a. Detailed description of architecture and site design;

b. Lot sizes and distribution within project;

c. Residential dwelling size according to lot size; and

d. Percentage distribution of residential dwelling size and lot size.

(D) Project phasing plan showing projected build-out dates for each area.

(E) Statement of methods for addressing unique features of the site.

(F) Chart with each land use area listed showing the following information:

(1) Gross acreage;

(2) Floor area ratios (for commercial and industrial);

(3) Number of dwellings units (for residential);

(4) Dwelling units per acre (for residential);

(5) Minimum lot sizes;

(6) Minimum setbacks of principal, accessory buildings;

(7) Minimum floor areas (for residential);

(8) Maximum building height; and

(9) Principal and accessory uses.

(G) A list of any proposed deviations from the provisions of titles 14, 16, or 17, B.M.C.

(H) Certification for approval by the land use review commission with signature lines for the chairman and secretary.

(I) Certification for approval by the city council with signature lines for the mayor and city clerk.

(J) The location of any plugged and abandoned oil and gas well and its production site or any former oil and production sites located within the boundaries of the PUD plan or within 200 feet of such boundaries on abutting property. (Ord. 725 §1, 1987; Ord. 1111 §27, 1995; Ord. 1399 §1, 1999; Ord. 1698 §7, 2002)

17-38-070 PUD plan; accompanying information.

The PUD plan shall be accompanied by all information required in section 16-16-050, B.M.C. (Ord. 725 §1, 1987)

17-38-080 PUD plan; hearing and notice; land use review commission.

The land use review commission shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987; Ord. 1111 §28, 1995)

17-38-090 PUD plan; recommendation; land use review commission.

Within thirty days of the conclusion of its public hearing, the land use review commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the PUD plan would be acceptable shall be set forth. (Ord. 725 §1, 1987; Ord. 1111 §29, 1995)

17-38-100 PUD plan; hearing and notice; city council.

The city council shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987)

17-38-110 PUD plan; decision; city council; recording.

(A) Within thirty days of the conclusion of its public hearing on the PUD plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study.

(B) The PUD plan shall include a legal description of the real property within the boundaries of the PUD plan and a vicinity map showing the location in the city of the PUD plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord. 725 §1, 1987; Ord. 1111 §30, 1995; Ord. 1399 §2, 1999; Ord. 1658 §1, 2001)

17-38-120 PUD plan; review standards.

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed PUD plan meets the following standards:

(A) The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010.

(B) The proposal should be consistent with the master plan.

(C) The proposal should identify and mitigate potential negative impacts on nearby properties, other areas of the city, and the city as a whole.

(D) The proposal should identify and maximize potential positive impacts on nearby properties, other areas of the city, and the city as a whole.

(E) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists.

(F) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion.

(G) The proposal should optimize conservation of energy, water, and other resources on a broad scale.

(H) The land uses within the plan should be compatible with one another and with nearby properties.

(I) The proposal should provide for open space at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section 17-38-240, below.

(J) The proposal should adequately provide for an organization for ownership and maintenance of any common areas.

(K) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (Ord. 725 §1, 1987; Ord. 1111 §31, 1995)

17-38-130 PUD plan; modification.

Any modification to an approved PUD plan requires the same review by the land use review commission and the city council as the original PUD plan. (Ord. 725 §1, 1987; Ord. 1111 §32, 1995)

17-38-135 Site development plan required; PUD plan revocation.

(A) The owner of any property for which there is an approved PUD plan shall submit a site development plan for the property within five years from the date on which the PUD plan was approved by the city council. If a site development plan is not submitted to the city within five years, the city council is authorized to revoke the PUD plan or revoke any phase of the PUD plan for which a site development plan has not been submitted as hereinafter provided.

(B) The city council is authorized to issue to the owner of such property a notice to show cause why the PUD plan or any phase of the PUD plan should not be revoked for failure by the owner to submit a site development plan. After service of the notice to show cause on the owner, the city council shall set a PUD plan revocation hearing. Service of the notice shall be by personal service or by certified mail.

(C) Prior to a city council revocation hearing, the city council shall refer the matter to the land use review commission for a public hearing and for a recommendation on revocation of the PUD plan.

(D) Public notice for a revocation hearing by the city council and by the land use review commission shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(E) Within thirty days of the conclusion of the public hearing on a PUD plan revocation, the city council may revoke the PUD plan by resolution. Such resolution shall be recorded in the county in which the PUD plan was recorded.

(F) The land use review commission recommendation and the city council decision shall take into consideration the following applicable standards in determining whether to revoke a PUD plan:

(1) Compliance of the PUD plan with the master plan;

(2) Compatibility of the PUD plan with the area surrounding the PUD plan;

(3) The need for the uses in the area included within the PUD plan;

(4) The effect of the PUD plan upon future development of the area;

(5) The impact of traffic generated by the PUD plan on the neighborhood and the surrounding area;

(6) The effect of the PUD plan on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7) The impact of the PUD plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems;

(8) Compliance of the PUD plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the public hearing;

(9) Failure by the owner to meet a date established in the PUD plan for the commencement of construction of the PUD plan or for a phase of the PUD plan; and

(10) Compliance of residential PUD plans with the uniform standards for residential use PUD plans in force at the time of the public hearing.

(G) On and after the effective date of this section, PUD plans approved by the city council shall include the following notation: "This PUD plan or any phase hereof may be revoked by the City Council if a site development plan is not submitted to the City of Broomfield within five years from the date of approval of this PUD plan by the City Council." (Ord. 1277 §1, 1997; Ord. 1415 §1, 1999)

17-38-137 Amendment to PUD plans proposed by the city manager.

(A) The city manager is authorized to propose amendments to any approved PUD plan. Proposed amendments may include the deletion or the modification of any permitted use, development standard, phase or phasing schedule, design guideline, or street configuration. Either the text or the graphics in a PUD plan may be the subject of the city manager's proposed amendment to a PUD plan.

(B) The city manager shall notify the owner or owners of any property subject to the PUD that an amendment to the PUD has been proposed, and that a hearing on the proposed amendment will be held before the land use review commission and before the city council. The city manager's notification to the owner or owners shall set forth the reasons for the proposed amendment to the PUD plan and specify the proposed amendment or amendments. Notification to the owner or owners by the city manager shall be by personal service or by certified mail not less than thirty days prior to the public hearing before the land use review commission.

(C) The land use review commission shall hold a public hearing on the city manager's proposed amendment to the PUD plan. Notice of the public hearing shall be given in accordance with the provisions of chapter 17-52, B.M.C. Within thirty days of the conclusion of its public hearing, the land use review commission shall adopt a resolution recommending to the city council the approval, disapproval, or conditional approval of the proposed amendment to the PUD plan. If the recommendation is for conditional approval, the conditions under which the proposed amendment to the PUD plan would be acceptable shall be set forth.

(D) The city council shall hold a public hearing on the city manager's proposed amendment to the PUD plan. Notice of the public hearing shall be given in accordance with the provisions of chapter 17-52, B.M.C. Within thirty days of the conclusion of its public hearing on the proposed amendment to the PUD plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study. If the resolution is for approval, it shall be recorded in the county in which the PUD plan was recorded.

(E) The standards of review for the city council and land use review commission, as they may be applicable to a proposal by the city manager to amend a PUD plan, are as follows:

(1) Compliance of the PUD plan with the master plan in force at the time of the public hearing;

(2) Compatibility of the PUD plan with the area surrounding the PUD plan;

(3) The need for the uses in the PUD plan or in the area surrounding the PUD plan;

(4) The effect of the PUD plan upon future development of the area;

(5) The impact of traffic generated by the PUD plan on the neighborhood and the surrounding area;

(6) The effect of the PUD plan on community facilities in the neighborhood and area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(8) Compliance of the PUD plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the hearing; and

(9) Compliance of residential PUD plans with the uniform standards for residential use PUD plans in force at the time of the public hearing. (Ord. 1280 §1, 1997)

III. Site Development Plan

17-38-140 Site development plan; scope.

A site development plan may include one or more platted lots. A PUD plan and a final subdivision plat must be approved before, or together with, a site development plan. (Ord. 725 §1, 1987)

17-38-150 Site development plan; format.

(A) Site development plans shall be in black ink or photographic reproduction, on four-mil thickness Mylar (double matted polyester film). The scale shall ordinarily be 1" = 50'. A larger scale or a smaller scale (not less than 1" = 200') may be used with prior approval of the city manager or his or her designee.

(B) The size of the sheets shall be as required by the county where the site development plan is to be filed.

17-38-160 Site development plan; contents.

The site development plan shall contain the following information:

(A) Site plan showing the following:

(1) Name of project;

(2) Location and boundaries of site development plan, including a legal description;

(3) Names, addresses, and signatures of the owner, subdivider, and surveyor (who shall be registered by the Colorado State Board of Registration for Professional Engineers and Land Surveyors);

(4) Date of preparation and of any revisions, written and graphic scale, the north arrow (designated as true north);

(5) Chart with each land use area listed showing the following information:

a. Gross acreage;

b. Floor area ratios (for commercial and industrial);

c. Number of dwelling units (for residential);

d. Dwelling units per acre (for residential);

e. Minimum lot sizes;

f. Building coverage, parking and drive coverage, and open space area (all expressed in square feet);

g. Minimum setbacks of principal, accessory buildings;

h. Minimum floor areas (for residential);

i. Maximum building height;

j. Principal and accessory uses; and

k. A statement that any element of the construction, location, design, use, or operation of land or buildings not specifically shown on the approved site development plan in graphic or written form shall conform to the requirements of a specified zone district (e.g., R-1, B-1, I-1);

(6) Location and dimensions of all existing and proposed streets and alleys (showing curb, gutter, and sidewalk location), and location and dimensions of all easements, rights-of-way, and lot lines;

(7) Location and dimension of walks, trails, parking spaces, curb islands, and driveways (with direction of travel shown);

(8) A list of any proposed deviations from the provisions of titles 14, 16, or 17, B.M.C.; and

(9) Location and dimensions for all structures, including refuse and recycling facilities in accordance with section 17-34-060.

(B) Architectural elevations for each structure showing the following:

(1) Overall exterior dimensions;

(2) Materials;

(3) Color scheme;

(4) Signs; and

(5) All faces of the structure, clearly labeled.

(1) Location, species, and size of existing trees;

(2) Trees to be retained;

(3) Location, species, and size of new trees and shrubs;

(4) Location and type of turf, ground cover, and planting areas;

(5) Type and extent of irrigation; and

(6) Retaining and decorative walls, fences, and similar structures.

(D) Grading plan showing the following:

(1) Existing and proposed topography at two-foot contour intervals, referenced to U.S.G.S. data;

(2) Outline drawings of major structures and improvements (existing and proposed); and

(3) Storm drainage improvements and appurtenances.

(E) Site development plans for wireless communications towers shall include the criteria set forth in section 17-35-030 and meet the requirements set forth in section 17-35-050.

(F) The location of any plugged and abandoned oil and gas well and its production site or any former oil and gas production sites located within the boundaries of the site development plan or within 200 feet of such boundaries on abutting property. Site development plans shall be subject to the provisions of chapter 17-56, B.M.C. (Ord. 725 §1, 1987; Ord. 750 §7, 1987; Ord. 1026 §2, 1994; Ord. 1194 §10, 1996; Ord. 1514 §10, 2000; Ord. 1698 §8, 2002; Ord. 1739 §3, 2003)

17-38-170 Site development plan; accompanying information.

The site development plan shall be accompanied by:

(A) Evidence of the existence and status of an organization for ownership and maintenance of any common areas; and

(B) Proof of ownership satisfactory to the city attorney, which may include a recently issued title commitment or title policy.

(C) An earthen fill design report that addresses and mitigates any negative impacts of earthen fill materials. Such report shall be consistent with the international codes adopted in title 15 of the Broomfield Municipal Code and the standards and specifications adopted in chapter 14-04 of the Broomfield Municipal Code.

(D) For plugged and abandoned oil and gas wells or former oil and gas production sites either within the boundaries of the site development plan or within 200 feet of such boundaries on abutting property, the Form 6, the well abandonment report, the plugging verification reports for such wells filed with the Colorado Oil and Gas Conservation Commission, and any Colorado Oil and Gas Conservation Commission reports regarding former oil and gas production sites. (Ord. 725 §1, 1987; Ord. 1598 §3, 2001; Ord. 1698 §9, 2002; Ord. 1858 §8, 2008)

17-38-180 Site development plan; hearing and notice; land use review commission.

The land use review commission shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987; Ord. 1111 §33, 1995)

17-38-190 Site development plan; recommendation; land use review commission.

Within thirty days of the conclusion of its public hearing, the land use review commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the site development plan would be acceptable shall be set forth. (Ord. 725 §1, 1987; Ord. 1111 §34, 1995)

17-38-200 Site development plan; hearing and notice; city council.

The city council shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987)

17-38-210 Site development plan; decision; city council; recording.

(A) Within thirty days of the conclusion of its public hearing on the site development plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study.

(B) The site development plan shall include a legal description of the real property within the boundaries of the site development plan and a vicinity map showing the location in the city of the site development plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord. 725 §1, 1987; Ord. 1111 §35, 1995; Ord. 1399 §3, 1999; Ord. 1658 §2, 2001)

17-38-220 Review standards.

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards:

(A) The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010.

(B) The proposal should identify and mitigate potential negative impacts on nearby properties.

(D) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists.

(E) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion.

(F) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale.

(G) The land uses within the plan should be compatible with one another and with nearby properties.

(H) The proposal should provide for open area at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section 17-38-240 below.

(I) The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas.

(J) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan.

(K) The proposal should be consistent with the approved PUD plan.

(L) For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord. 725 §1, 1987; Ord. 1098 §2, 1994; Ord. 1111 §36, 1995; Ord. 1364 §4, 1998)

17-38-225 Building permits required; site development plan revocation.

(A) Within three years from the date on which a site development plan is approved by the city council, the owner is required to apply for and be issued building permits for construction on the property consistent with the site development plan. If the owner is not issued building permits within three years, the city council is authorized to revoke the site development plan as hereinafter provided.

(B) The city council is authorized to issue to the owner a notice to show cause why the site development plan should not be revoked for failure by the owner to receive a building permit. After service of the notice to show cause on the owner, the city council shall set a site development plan revocation hearing. Service of the notice shall be by personal service or by certified mail.

(C) Prior to a revocation hearing, the city council shall refer the matter to the land use review commission for a public hearing and for a recommendation on revocation of the site development plan.

(D) Public notice for a revocation hearing by the city council and by the land use review commission shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(E) Within thirty days of the conclusion of the public hearing on a site development plan revocation, the city council may revoke the site development plan by resolution. Such resolution shall be recorded in the county in which the site development plan was recorded.

(F) The land use review commission recommendation and the city council decision shall take into consideration the following applicable standards in determining whether to revoke a site development plan:

(1) Compliance of the site development plan with the master plan;

(2) Compatibility of the site development plan with the surrounding area;

(3) The need for the uses in the area included within the site development plan;

(4) The effect of the site development plan upon future development of the area;

(5) The impact of traffic generated by the site development plan on the neighborhood and the surrounding area;

(6) The impact of the site development plan on community facilities in the neighborhood and area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7) The impact of the site development plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems; and

(8) Compliance of the site development plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the revocation hearing.

(G) On and after the effective date of this section, site development plans approved by the city council shall include the following notation: "This site development plan may be revoked by the City Council if building permits are not issued to the owner by the City of Broomfield within three years from the date of approval of this site development plan by the City Council." (Ord. 1277 §2, 1997; Ord. 1415 §2, 1999)

17-38-230 Modification.

(A) The city manager or his or her designee may approve modifications to the site development plan if he or she determines the modifications are generally consistent with the approved PUD plan and site development plan. Such modifications are also restricted to the following categories and limits:

(1) Floor area ratios, number and density of dwelling units, building coverage, and overall exterior dimensions may be decreased by any amount or may be increased by not more than ten percent.

(2) Minimum lot sizes and open area may be increased by any amount or may be decreased by not more than ten percent.

(3) Parking and drive coverage may be changed by not more than ten percent.

(4) Location, species, and size of new trees and shrubs, and location and type of turf, ground cover, planting areas, retaining and decorative walls, fences, and similar structures can be changed, provided that materials remain equivalent and locations remain appropriate.

(5) The grading plan may be changed, provided that the city engineer determines there is a sound engineering basis for such change.

(6) Other modifications may be made if, in the opinion of the city manager or his or her designee, they are minor in scope, will not have a detrimental effect on the neighborhood or the project, and satisfy the review standards of section 17-38-220.

(B) Except as provided in subsection (A) of this section, any modification to an approved site development plan requires the same review by the land use review commission and the city council as the original site development plan.

(C) At the discretion of the city manager or his or her designee, a formal or informal hearing may be conducted to assist in making findings relevant to modifications permitted by this section. All costs of notification and hearing shall be borne by the proponent of, or applicant for, the modification. (Ord. 725 §1, 1987; Ord. 849 §1, 1989; Ord. 1111 §37, 1995; Ord. 1364 §5, 1998)

IV. Open Area

17-38-240 Required.

(A) In residential areas of a PUD plan, at least forty percent of the developable site shall be open area.

(B) In commercial and industrial areas of a PUD plan, at least twenty-five percent of the developable site shall be open area.

(C) For the purpose of this section, the "developable site" does not include areas to be dedicated to the city for streets, parks, or other purposes. (Ord. 725 §1, 1987; Ord. 1364 §6, 1998)

17-38-250 Maintenance.

It shall be unlawful for any owner to fail to maintain any common area in good condition, and as shown on the approved site development plan. (Ord. 725 §1, 1987; Ord. 1364 §6, 1998)

V. Fees

17-38-260 Established.

The fee for PUD plans and site development plans, or amendments thereto, shall be paid to the city at the time of submittal and are as follows:

(A) The sum of $650.00, plus $10.00 per acre of land, for PUD plans and site development plans, or amendments thereto, of ten acres or more of land and $250.00 for PUD plans and site development plans, or amendments thereto, for less than ten acres of land; and

(B) The sum of $50.00 for each site development plan modification submitted to the city manager pursuant to section 17-38-230. (Ord. 725 §1, 1987; Ord. 1692 §3, 2002)

VI. Enforcement

17-38-270 Procedure; penalties for violations.

(A) The city may record any PUD plan or site development plan with the office of the clerk and recorder of any county in which the property is located.

(B) It shall be unlawful to violate any provision of this chapter or to violate any restriction or to fail to comply with any requirement of an approved PUD plan or site development plan. Violators shall be subject to the penalties provided in chapter 1-12, B.M.C.

(C) The city may maintain an action for declaratory, injunctive, or other legal or equitable relief to enforce the provisions of this chapter, of an approved PUD plan, or of an approved site development plan.

(D) The city may withhold issuance of building permits, certificates of occupancy, and water and sewer licenses and services for any lot in violation of this chapter or of an approved PUD plan or site development plan.

(E) All penalties and remedies provided for herein are cumulative. No one enforcement action shall preclude or limit any other enforcement action. (Ord. 725 §1, 1987)

VII. Transitional Provisions

17-38-280 Transitional provisions.

(A) All preliminary and final PUD plans approved prior to the effective date of the ordinance repealing and reenacting this chapter shall remain valid and in full force and effect.

(B) A site development plan is required for an area covered by an approved preliminary PUD plan (under prior versions of this chapter), provided that the site development plan must include identification of land uses by area, type, location, and size, and must also include a project phasing plan showing projected build-out dates for each area.

(C) Final PUD plans approved under prior versions of this chapter may be modified in the manner provided in this chapter for site development plans. (Ord. 725 §1, 1987)

VIII. Uniform Subdivision Standards for Residential PUD Plans and Residential Site Development Plans

17-38-300 Intent.

The intent of this article is to establish uniform subdivision standards for PUD plans and site development plans for low and medium density residential development. (Ord. 1288 §1, 1997)

17-38-310 Definitions.

(A) Low-density residential development means an overall average density of four or fewer dwelling units for each gross acre.

(B) Medium-density residential development means an overall average density of more than four dwelling units for each gross acre. (Ord. 1288 §1, 1997)

17-38-320 Standards for low-density residential, single-family detached.

(A) Minimum lot area is 7,000 square feet.

(B) Minimum lot width is seventy feet for an interior lot and eighty feet for a corner lot.

(D) Minimum lot frontage on a cul-de-sac is forty feet.

(E) Minimum lot setbacks.

(1) Front yard is twenty-five feet.

(2) Rear yard is twenty-five feet.

(3) Side yard corner is twenty feet.

(4) Side yard. The minimum side yard setback shall be determined by the maximum building height, which is then applied as follows:

Maximum Building Height	Minimum Side Yard Setback
31 feet to 33 feet	14.5 feet
28 feet to 30.99 feet	12 feet
less than 27.99 feet	10 feet

No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F) Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface.

(G) Neither fill nor cut shall be utilized at any building site to artificially create a walk-out basement on a lot or to artificially raise the grade adjacent to the building wall to reduce any calculated maximum height. (Ord. 1288 §1, 1997)

17-38-330 Standards for medium-density residential, single-family attached.

(A) Parcel area is 8,000 square feet.

(B) Parcel width is seventy-five feet for an interior lot and eighty-five feet for a corner lot.

(D) Parcel frontage on a cul-de-sac is forty feet.

(E) Minimum parcel setbacks.

(1) Front yard is twenty-five feet.

(2) Rear yard is twenty-five feet.

(3) Side yard corner is twenty feet.

(4) Side yard is ten feet. No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F) Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface. (Ord. 1288 §1, 1997)

17-38-340 Standards for medium-density residential, single-family detached.

(A) Minimum lot area is 5,000 square feet.

(B) Minimum lot width is fifty feet for an interior lot and sixty feet for a corner lot.

(D) Minimum lot frontage on a cul-de-sac is forty feet.

(E) Minimum lot setbacks.

(1) Front yard is twenty feet.

(2) Rear yard is fifteen feet.

(3) Side yard corner is fifteen feet.

(4) Side yard is seven and one-half feet.

No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F) Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface.

17-38-350 Exceptions.

For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord. 1288 §1, 1997)

Chapter 17-40

Floodplain

I. General Provisions

17-40-010 Short title.

This chapter is known and may be cited as the "Broomfield Floodplain Regulations." (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-020 Findings.

(A) The flood hazard areas of the city are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which could adversely affect the public health, safety, and general welfare.

(B) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-030 Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

(A) To protect human life and health;

(B) To minimize expenditure of public money for costly flood control projects;

(C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D) To minimize prolonged business interruptions;

(E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(F) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(G) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(A) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(B) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(C) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D) Controlling filling, grading, dredging, and other development which may increase flood damage; and

(E) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 1257 §1, 1997)

17-40-050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(A) Appeal means a request for a review of the city engineer's interpretation of any provisions of this chapter or a request for a variance.

(B) Area of special flood hazard means the land in the floodplain subject to a one percent or greater chance of flooding in any given year.

(D) Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.

(E) Existing manufactured home park or subdivision means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this chapter.

(F) Expansion to existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

(G) Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

(H) Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.

(I) Flood Insurance Study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

(J) Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(K) Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

(L) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

(M) New construction means structures for which the "start of construction" commenced on or after the effective date of Ordinance No. 769 and includes any subsequent improvements to such structures.

(N) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations.

(O) Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(P) Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Q) Structure means a walled and roofed building or manufactured home that is principally above ground.

(R) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

(S) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

(T) Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 1257 §1, 1997)

17-40-055 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. 1257 §1, 1997)

17-40-060 Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Broomfield," dated August 18, 2004, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and FIRM are on file at One DesCombes Drive, Broomfield, CO 80020. (Ord. 1257 §1, 1997; Ord. 1772 §1, 2004)

17-40-070 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-080 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-090 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the city; and

17-40-100 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering con-siderations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer, or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

II. Administration

17-40-110 Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 17-40-060. Application for a development permit shall be made on forms furnished by the city engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(A) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(B) Elevation in relation to mean sea level to which any structure has been floodproofed;

(C) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section 17-40-160(B); and

(D) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-120 Designation of the city engineer.

The city engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1257 §1, 1997)

17-40-130 Duties and responsibilities of the city engineer.

Duties of the city engineer shall include, but not be limited to:

(A) Permit Review.

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(2) Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required;

(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of section 17-40-170(A) are met.

(B) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with section 17-40-060, the city engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with section 17-40-160.

(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2) For all new or substantially improved floodproofed structures, (i) verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed and (ii) maintain the floodproofing certifications required in section 17-40-110(A)(3).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

(D) Alteration of Watercourses.

(1). Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(E) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 17-40-140. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-140 Variance procedure.

(A) Appeal board.

(1) The zoning board of adjustment, as established by chapter 17-46, shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The zoning board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city engineer in the enforcement or administration of this chapter.

(3) Those aggrieved by the decision of the zoning board of adjustment, or any taxpayer, may appeal such decisions to the district court as provided in C.R.C.P. 106(a)(4).

(4) In passing upon such applications, the zoning board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

d. The importance of the services provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location where applicable;

f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. The compatibility of the proposed use with the existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

(5) Upon consideration of the factors set forth in paragraph (4) above and the purposes of this chapter, the zoning board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) The city engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

(B) Conditions for variances.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items a through k in section 17-40-140(A)(4) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases.

(2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

(C) Hearing and notice. The zoning board of adjustment shall hold a public hearing on any appeal or request for a variance. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

III. Flood Hazard Reduction

17-40-150 General standards.

In all areas of special flood hazard, the following standards are required:

(A) Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

(2) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement, and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to the ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may include:

a. Over-the-top ties must be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than fifty feet long requiring one additional tie per side;

b. Frame ties must be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring four additional ties per side;

c. All components of the anchoring system must be capable of carrying a force of 4,800 pounds; and

d. Any additions to the manufactured home must be similarly anchored.

(B) Construction Materials and Methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-160 Specific standards.

In all areas of special flood hazard where base flood elevation data has been provided in the study and map referred to in section 17-04-022 or pursuant to subsection 17-40-130, the following provisions shall apply, in addition to the standards set forth in section 17-40-150:

(A) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.

(B) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in subsection 17-40-090(D).

(C) Openings in Enclosures Below the Lowest Floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(2) The bottom of all openings shall be no higher than one foot above grade;

(3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

(D) Manufactured homes.

(1) Manufactured homes shall be anchored in accordance with section 17-40-150(A)(2).

(2) All manufactured homes or those to be substantially improved shall conform to the following requirements:

a. Require that manufactured homes that are placed or substantially improved on a site (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b. Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in paragraph a above be elevated so that either (i) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(E) Recreational Vehicles. Require that recreational vehicles either (1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements and elevation and anchoring requirements for resisting wind forces. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

17-40-170 Floodways.

Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(A) Encroachments (including fill, new construction, substantial improvements, and other development) are prohibited unless a registered professional engineer or architect certifies that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(B) If subsection (A) is satisfied, all new construction and substantial improvements shall comply with the provisions of sections 17-40-110 and 17-40-120. (Ord. 769 §14, 1988; Ord. 1257 §1, 1997)

Chapter 17-42

Mobile Home Communities

17-42-010 Intent.

(A) It is intended that the requirements for mobile home parks and communities should be such that the quality of a neighborhood is not detrimentally affected by the adjacent location of a mobile home park. The mobile home park is basically a low-density to medium-density residential use and should be treated as such.

(B) The requirements set forth in this chapter are intended to supplement other requirements pertaining to mobile home developments which the city council adopts by ordinance. If the provisions of this chapter conflict with those of other ordinances regulating mobile home developments, the provisions of the chapter shall apply. (Ord. 149 Art. 21 §1, 1973)

17-42-020 Development standards generally.

In those zones where mobile home communities are indicated as being permitted subject to special review, an application shall be submitted to the land use review commission for a planned unit development (PUD) in accordance with chapter 17-38. The standards in sections 17-42-030 through 17-42-240 shall become part of the PUD design of the mobile home community. (Ord. 149 Art. 21 §2(part), 1973; Ord. 1111 §38, 1995)

17-42-030 Density.

Density shall not exceed five units per acre, unless part of an approved PUD plan which includes other land uses, and where a transfer of density has been approved in the PUD plan. (Ord. 149 Art. 21 §2(1), 1973)

17-42-040 Lot; size.

Minimum lot size shall be 3,000 square feet. (Ord. 149 Art. 21 §2(2), 1973)

17-42-050 Lot; width.

The average lot width shall not be less than forty feet. (Ord. 149 Art. 21 §2(3), 1973)

17-42-060 Separation between homes.

Minimum separation between homes shall be fifteen feet. (Ord. 149 Art. 21 §2(4), 1973)

17-42-070 Off-street parking.

Two off-street parking spaces per unit shall be provided, plus one guest space for each five units. (Ord. 149 Art. 21 §2(5), 1973)

17-42-080 Street; width.

Street widths shall be in accordance with the following table:

*Parking*	*Minimum Paved Street Width*
No parking	25 feet
One side only	30 feet
Both sides	36 feet

(Ord. 149 Art. 21 §2(6), 1973)

17-42-090 Street; access.

A minimum of two means of access to a dedicated street shall be provided per mobile home park. (Ord. 149 Art. 21 §2(7), 1973)

17-42-100 Lighting.

A minimum of three-tenths footcandles shall be provided on all driveways and walks. (Ord. 149 Art. 21 §2(8), 1973)

17-42-110 Walkways.

Walkways shall be provided adjacent to streets, or on an interior system. (Ord. 149 Art. 21 §2(9), 1973)

17-42-120 Park space.

Park space shall be provided in the following percentages of the total dedicated area:

(A) Fifteen percent dedicated area or equal in park fee;

(B) Thirty percent common private open space as defined in chapter 17-38. (Ord. 149 Art. 21 §2(10), 1973)

17-42-130 Footings, foundations, and tiedowns.

All mobile homes shall have footings, foundations, and tiedowns in accordance with the applicable provisions of the International Building Code and the International Residential Code, as adopted by the city, to provide soil bearing, loading, and wind pressures. Each mobile home development shall submit engineered footings, foundations, and tiedown design for approval by the city engineer. Wheels shall not be used for bearing pressures, and shall be removed prior to occupancy. (Ord. 149 Art. 21 §2(11), 1973; Ord. 1858 §9, 2008)

17-42-140 Architecture.

Architectural standards shall be set for a mobile home park, including requirements for wood siding or other similar design features. (Ord. 149 Art. 21 §2(12), 1973)

17-42-150 Landscaping.

A landscaping plan shall be submitted for review and approval. (Ord. 149 Art. 21 §2(13), 1973)

17-42-160 Floor level; exception.

Excavation shall occur to lower the profile of the units so the floor level of the units is not higher than ten inches from the ground level. This requirement may be altered if in the opinion of the city engineer the requirement would not be in the interests of the health, safety, and welfare of the residents of the park due to any unusual topographic or geological conditions of the mobile home site. (Ord. 149 Art. 21 §2(14), 1973)

17-42-170 Fencing.

A decorative fence or wall shall be provided around the perimeter of the site, or landscaping or earth mounds of six feet in height to screen the park from view when adjacent or across the street from a residential use other than a mobile home park. (Ord. 149 Art. 21 §2(15), 1973)

17-42-180 Setback; street.

No mobile home unit shall be located closer than ten feet to a private street. (Ord. 149 Art. 21 §2(16), 1973)

17-42-190 Setback; boundary.

Mobile homes shall be placed no nearer than twenty feet from any boundary that is not a street, and twenty-five feet from any boundary adjacent to a street. (Ord. 149 Art. 21 §2(17), 1973)

17-42-200 Storage units.

Storage units shall be designed as an integral part of the site and shall be screened from normal view. (Ord. 149 Art. 21 §2(18), 1973)

17-42-210 Utilities.

All utilities shall be placed underground. City sewer and water shall be provided in accordance with city standards. (Ord. 149 Art. 21 §2(19), 1973)

17-42-220 Trash receptacles.

Trash receptacles shall be provided and properly screened from view. (Ord. 149 Art. 21 §2(20), 1973)

17-42-230 Camper and boat storage.

Provisions shall be made for camper and boat storage either adjacent to the mobile homes or in a central location. One hundred square feet for each mobile home space shall be provided. (Ord. 149 Art. 21 §2(21), 1973)

17-42-240 Bonding.

Bonding or some guarantee in a form acceptable to the city attorney shall be provided to guarantee performance of plans. (Ord. 149 Art. 21 §2(22), 1973)

17-42-250 Application procedure.

Application procedures shall conform to the planned unit development procedures defined in chapter 17-38, including processing hearings and final recording of approved plans. (Ord. 149 Art. 21 §2(23), 1973)

17-42-260 Subdivision; standards generally.

The division of land for the purpose of resale of sites for mobile home units shall only be permitted via the PUD review and recording process. In addition to the standards for mobile home parks, the standards in sections 17-42-270 through 17-42-310 shall also be applicable. (Ord. 149 Art. 21 §3(part), 1973)

17-42-270 Density.

Density shall not exceed five units per acre. (Ord. 149 Art. 21 §3(1), 1973)

17-42-280 Total area.

Minimum total area shall be forty acres. (Ord. 149 Art. 21 §3(2), 1973)

17-42-290 Footing, foundations, and tiedowns.

All mobile homes shall have footings, foundations, and tiedowns in accordance with applicable provisions of the International Building Code, or the International Residential Code, as applicable, as adopted by the city, to provide soil bearing, loading, and wind pressures. Each mobile home development shall submit engineered footings, foundations, and tiedown designs for approval by the city engineer. Wheels shall not be used for bearing pressures, and shall be removed prior to occupancy. (Ord. 149 Art. 21 §3(3), 1973; Ord. 1858 §10, 2008)

17-42-300 Homeowners' organization.

A legally authorized homeowners' organization shall be formed to maintain all common facilities. (Ord. 149 Art. 21 §3(4), 1973)

17-42-310 Recreation facilities.

A swimming pool and clubhouse shall be provided. Facilities of equal importance and investment may be substituted if approved by the land use review commission and the city council. (Ord. 149 Art. 21 §3(5), 1973; Ord. 1111 §39, 1995)

17-42-320 General provisions.

The general provisions in sections 17-42-330 through 17-42-350 shall apply to the use of mobile homes or travel trailers. (Ord. 149 Art. 21 §4(part), 1973)

17-42-330 Parking not in approved mobile home community; prohibited; exception.

The parking of a mobile home on a lot not located within an approved mobile home community is prohibited unless the unit totally meets the provisions of the International Building Code or International Residential Code, as applicable, sits on a permanent foundation, and has a wood or masonry siding covering seventy percent of the exterior walls. (Ord. 149 Art. 21 §4(1), 1973; Ord. 1858 §11, 2008)

17-42-340 Mobile home community; housing travel trailers prohibited.

The overnight housing and occupancy of travel trailers within a mobile home community is prohibited. (Ord. 149 Art. 21 §4(2), 1973)

17-42-350 Storing travel trailers permitted; conditions.

Vacant travel trailers are permitted to be stored in any zone, provided that they are not occupied or do not sit within the required front yard. (Ord. 149 Art. 21 §4(3), 1973)

17-42-360 Definitions.

(A) Mobile home means any vehicle or similar portable structure having no foundation other than wheels, jacks, or skirtings, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

(B) Mobile home court means any plot or ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

(C) Mobile home space means a plot of ground within a mobile home court designed for the accommodation of one mobile home. (Ord. 388 §2, 1980)

17-42-370 Court; license; required.

It is unlawful for any person to maintain or operate a mobile home court within the limits of the city, unless such person shall first obtain a license therefor. (Ord. 388 §2, 1980)

17-42-380 Court; license; fee.

The annual license fee for each mobile home court shall be $50.00 for up to and including the first 500 platted mobile home spaces, and $10.00 for each additional 100 platted spaces or fraction thereof. (Ord. 388 §2, 1980)

17-42-390 Court; license; application; contents.

Application for an initial mobile home court license for mobile home courts not previously licensed by the city shall be filed with the city clerk, and the license shall be issued by the city council. The application shall be in writing, signed by the applicant, and shall include the following:

(A) The name and address of the applicant;

(B) The location and legal description of the mobile home court;

(D) Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home court; and

(E) Such further information as may be required by the city council to enable it to determine if the proposed court will comply with legal requirements. (Ord. 388 §2, 1980)

17-42-400 Court; license; issuance.

The application and all accompanying plans and specifications shall be filed in triplicate, and the necessary fee for checking the plans, as provided in the building code, shall be paid at such time. The city council shall investigate the applicant and inspect the application and the proposed plans and specifications. Upon determination that the proposed mobile home court will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this chapter, and all other applicable ordinances and statutes, the city council shall approve the application, and upon completion of the court according to the plans, shall issue the license. (Ord. 388 §2, 1980)

17-42-410 Court; license; renewal.

Upon application in writing by a licensee for renewal of a license by any licensed mobile home court and upon payment of the annual license fee, the city council shall issue a certificate renewing such license for another year. (Ord. 388 §2, 1980)

17-42-420 Court; license; transfer.

Upon application, in writing, for transfer of a license, the city council shall issue a transfer, upon determination that the proposed mobile home court is in compliance with all provisions of this chapter and all other applicable ordinances and statutes. (Ord. 388 §2, 1980)

17-42-430 Court; license; revocation.

The city council may revoke any license to maintain and operate a court when the licensee has been found guilty of violating any provision of this chapter. After such conviction, the license may be reissued, if the circumstances leading to conviction have been remedied. (Ord. 388 §2, 1980)

17-42-440 Court; license; posting.

The license certificate or temporary permit shall be conspicuously posted in the office of, or on the premises of, the mobile home court at all times. (Ord. 388 §2, 1980)

17-42-450 Court; location.

Mobile home courts shall be located only in zoning districts in which they are specifically permitted under the zoning ordinance, subject to approval by the land use review commission and city council. (Ord. 388 §2, 1980; Ord. 1111 §40, 1995)

Chapter 17-44

Sign Code

17-44-010 Short title.

This chapter is known and may be cited as the "City of Broomfield Sign Code." (Ord. 149 Art. 22 §1, 1973; Ord. 249 Art. 1 §1, 1975)

17-44-020 Legislative declaration.

The city council declares that in addition to the purpose stated in section 17-02-010, and in order to achieve a cumulative purpose in relationship thereto, it is the intent and purpose of this chapter to:

(A) Recognize that the use of signs constitutes a use of the land;

(B) Assist and be an integral factor in helping to assure the implementation of the goals and policies of the comprehensive plan;

(D) Recognize and insure the right of those concerned to identify businesses, services, and other activities by the use of signs;

(E) Provide a reasonable balance between the right of an individual to identify his or her business by the use of signs and the right of the public to be protected against visual discord resulting from the unrestricted proliferation of signs and similar devices;

(F) Insure that signs are limited to those which are accessory and incidental to the use on the premises where such signs are located;

(G) Insure that signs are compatible with adjacent land uses and with the total visual environment of the community;

(H) Protect the public from hazardous conditions that result from signs which are structurally unsafe, or which obscure the vision of motorists or the view of warning signs;

(I) Promote an overall visual effect which has a minimum of overhead clutter;

(J) Encourage signs which are well designed and compatible with their surroundings and with the buildings to which they are appurtenant;

(K) Recognize that the elimination, as expeditiously and reasonably as is possible, of existing signs that are not in conformance with the provisions of this chapter is as necessary to the public safety and welfare and to the protection of the visual environment as is the prohibition of new signs which would violate the provisions of this chapter;

(L) Recognize that instances may occur where technical review of determinations made by the building official may for good cause be necessary, and to provide a procedure for such review; and

(M) Recognize the right of residents of the city to exercise their right to free speech by the use of signs containing noncommercial messages that are subject to minimum regulation regarding structural safety and visual setbacks. (Ord. 149 Art. 22 §2, 1973; Ord. 249 Art. 1 §2, 1975; Ord. 731 §2, 1987)

17-44-030 Applicability; conflict of provisions.

(A) The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location, and maintenance of all signs within the city, and it shall be unlawful to display, construct, erect, alter, use, or maintain any sign except in conformance with the provisions of this chapter.

(B) Nonconforming signs existing at the time of enactment of the ordinance codified in this chapter shall be subject to the provisions of sections 17-36-060 through 17-36-180.

(1) Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger. Identification or bulletin board signs accessory to governmental buildings or facilities shall not be exempt from the provisions of this chapter;

(2) The flag, pennant, or insignia of any nation, organization of nations, state, county, city, religious, civic, or educational institution, except when such are used in connection with a commercial promotion, or as an advertising device;

(3) Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local, or religious holiday or celebration; provided that such signs are not displayed for a period of more than sixty consecutive days, nor more than sixty days in any one year;

(4) Signs displayed on trucks, buses, trailers, or other vehicles which are being operated or parked in the normal course of business, such as signs which are located on moving vans, delivery trucks, rental trucks, and trailers; provided that the primary purpose of such vehicles is not for the display of signs; provided further that said vehicles are parked in areas appropriate to their use as operational vehicles; and

(5) Temporary or permanent signs erected by public utility companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.

(D) If any of the provisions of this chapter are inconsistent with the provisions of any other law or laws presently existing or enacted in the future, of the city regarding requirements for signs, the provisions containing the more restrictive requirements shall apply. (Ord. 149 Art. 22 §3, 1973; Ord. 249 Art. 1 §3, 1975; Ord. 731 §3, 1987)

17-44-040 Scope.

The provisions and requirements of this chapter shall apply to all signs erected or maintained in the city, unless specifically modified, excepted, or otherwise provided for by the specific provisions for any zoning district. (Ord. 149 Art. 22 §4(1), 1973; Ord. 249 Art. 1 §4(1), 1975)

17-44-050 Signs; permitted; permit not required.

(A) The following signs shall be permitted in all zoning districts, and all provisions of this chapter shall apply, except that a sign permit and sign permit fee shall not be required:

(1) Street address or identification signs. Signs limited in content to name of occupant and address of premises, and signs advising of danger or caution which are nonilluminated, internally illuminated, or indirectly illuminated, and which are limited to wall, window, and freestanding signs; which do not exceed two square feet per face of four square feet in total surface area; which are limited to six feet in height; and which are limited to one such sign per each use or building, whichever is the greater number;

(2) Real estate signs. Temporary nonilluminated real estate signs which do not exceed six square feet per face and six feet in height in residential areas, and twelve feet per face and six feet in height in business and industrial areas. Such signs shall be limited to one sign per street frontage of the lot. Such signs shall not remain in place more than seven days after sale or rental of the subject property;

(3) Memorial signs. Signs in the nature of cornerstones, commemorative tablets, and historical signs which do not exceed four square feet per face in area and six feet in height, and which are nonilluminated or indirectly illuminated;

(4) Private traffic directional signs. Private traffic directional signs guiding or directing vehicular traffic onto or off of a lot or within a lot, when such signs do not exceed six square feet per sign per face in area and eight feet in height, do not contain any advertising or trade name identification, and which are nonilluminated, internally illuminated, or indirectly illuminated. Private traffic-control signs which conform to the standards of the Colorado Manual of Uniform Traffic Control Devices may exceed six square feet per face in area, but shall not exceed seven square feet per face, and such signs shall not exceed eight feet in height;

(5) Public purpose signs. Signs required or authorized for a public purpose by any law, statute, or ordinance. Such signs may be of any type, number, area, height above grade, location, or illumination, as authorized by the applicable law, statute, or ordinance. No such sign shall be placed in the public right-of-way, unless specifically authorized or required by the law, statute, ordinance, and, except for warning signs or barricades of a temporary nature, such signs shall be permanently attached to the ground, a building, or other structure;

(6) Nonilluminated window signs. Nonilluminated window signs when the following conditions are met:

a. The total area of such signs does not exceed twenty-five percent of the total window area in the same vertical plane at the ground floor level on the side of the building or business unit upon which the signs are displayed, and does not exceed twenty-five percent of the total allowable sign area for the premises,

b. Whenever such signs are combined to achieve a single sign, such aggregate signs shall not exceed twenty square feet in area,

c. Such signs must be placed behind a glass surface, and shall not be placed in unglazed openings, and

d. No such sign shall be placed in windows above the ground floor level;

(7) Political or noncommercial signs. Political or noncommercial signs which do not exceed sixteen square feet per face and seven feet in height in residential areas, and thirty-two square feet per face and seven feet in height in business and industrial areas, subject to the following regulations:

a. No such signs shall be located within, on, or over any public right-of-way or other public property or within, on, or over private property without the consent of the owner. For the purpose of enforcing the provisions of this subparagraph, the terminus of the public right-of-way is the edge of the sidewalk adjacent to either a front lot line or side lot line; however, if there is no sidewalk, the terminus of the public right-of-way is four feet from the outside edge of a concrete curb, or if there is no curb, six feet from the edge of the asphaltic street pavement adjacent to either a front lot line or side lot line.

b. Neither any person nor organization responsible for the erection or distribution of any sign which is intended to urge the voting public to support a candidate, political party, or political philosophy, or to urge action on any ballot issue, nor the owner of the property upon which such signs are located, shall fail to remove such signs within seven days after the election to which the signs pertain, unless such signs continue to be pertinent to another election to be held within ninety days, in which case such signs shall be removed within seven days thereafter.

(8) Informational and directional signs. Signs commonly associated with and limited to information and directions and related to the permitted use on the lot on which the sign is located; provided that each such sign does not exceed 150 square inches in total area and is nonilluminated, internally illuminated, or indirectly illuminated. This category shall be interpreted to include such signs as "no smoking," "restroom," "no solicitors," "self-service," "vacancy," and similar information signs;

(9) Customer information signs. Nonilluminated or indirectly illuminated signs which identify, as a courtesy to customers, items such as "credit cards accepted," "redemption stamps offered," "menus," or "prices." Such signs shall be limited to one sign for each use and shall not exceed four squar