ZONING ORDINANCE  For  THE CITY OF LA JUNTA, COLORADO  PREPARED ATTHE DIRECTION OF THE  LAJUNTA CITY PLANNING COMMISSION  BY  MICHAEL YERMAN THES OUTRENCLAAIOECONDNC DEVELOPMENTDISTRICT  Official Copy as Incorporated by Ordinance No. 1644  EDITION OF2023  EFFECTIVEDATE: April 17,2023    Public Officials City ofLa Junta, Colorado  CITYCOUNCLL Joe Alaya, Mayor Damon Ramirez Paul Velasquez Chandra Ochoa Elaine McIntyre Edward Vela Lisa Pantoya CITYPLANNING COMMISSION Dave Freeman, Chairman Joe Ayala Mike Perez Chandra Ochoa Tom Seaba Paul Velasquez  CITYI MANAGER Rick Klein CITYENGINEER Martin Montoya CITYAITORNEY Phillip F. Malouff,. Jr.  PLANNING CONSULTANT Michael Yerman MYE RURALPLANNER LANDI USE. HOUSING. RECREATION    TABLE OF CONTENTS  CHAPTER 17.10 17.20 17.30 17.40 17.50 17.60 17.70 17.80  TITLE  PAGE NO. 21 27 29 .53 61 69 71  General Provisions. Administration & Enforcement. F-P Floodplain Districts.. Zoning Districts.. Signs... Parking Regulations.. Loading and Unloading Regulations.. Additional Height, Area and Use Regulations..    GENERAL PROVISIONS  SECTIONS 17.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 17.10.070 17.10.080 17.10.010  Title and Short' Title Authority Purposes Jurisdiction Presumption of Validity Rules of Construction Severability Definitions Title and Short' Title  A. "This Ordinance shall be known and may be cited as the "Zoning Ordinance  for the City ofLa. Junta, Colorado."  17.10.020 Authority  This Chapter is authorized by Section 31-23-101, et. seq., C.R.S.; Section 29- 20-101, et. seq., C.R.S., Section 31-12-101, et. seq., C.R.S., and Section 24-65- A. Ini interpretation and application, the provisions oft this Ordinance shall be held to be thei minimum requirements adopted for the promotion oft the public B. Where this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by existing provisions of law, ordinance, contract, deed or resolution, the provisions ofi this Ordinance shall  101, et. seq., C.R.S., as amended. health, safety and welfare.  control. Purposes  17.10.030  A. These. zoning regulations adopted, pursuant to the provisions of Colorado State Statutes are enacted for1 thej purpose and intent of: 1. Promoting and serving the public health, safety, morals, comfort, and general welfare of the citizens ofthe City ofLa. Junta. 2. Preserving and protecting property values. 3. Lessening congestion on the streets. 4. Preventing overcrowding ofl land. 5. Providing adequate light and air. 6. Avoiding undue concentration of population.  7. Regulating and restricting location and use ofbuildings and land. B. These regulations are intended to promote land use patterns consistent with the intent and direction established by the Comprehensive Plan for the La  Junta community. Jurisdiction  17.10.040  Thej jurisdiction of1 these Zoning Regulations shall apply to all land located within  the corporate limits oft the City ofLa. Junta, Colorado.    17.10.050  Presumption of Validity  All provisions of this Land Use Code are presumed to be valid and enforceable. In any challenge to the validity of any provision, the burden of proof shall rest Section 17.10.20 ofthis Code establishes rules that shall be observed and applied when interpreting the language ofthis Chapter, unless the context clearly requires  with the person bringing the challenge. Rules of Construction otherwise. Severability  17.10.060  17.10.070  Ifany section, subsection, paragraph, clause, phrase or provision of these regulations shall be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the validity oft these regulations shall not be affectedi in whole or in part, other than the provision adjudged to be invalid or  unconstitutional. Definitions  17.10.080  A. Ini thei interpretation oft these regulations, the provisions and rules oft this chapter shall be observed and applied, except when the context clearly 1. Words used in thej present tense shall include thei future. 2. Words in the singular number include thej plural number and also the 3. The phrase "used for" shall include the phrases "arranged: for", "designed for", "intended for", "maintained for", and "occupied for". 6. The word "person" includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal 7. The word' "Board" means thel La. Junta Planning Commission". 8. Unless otherwise specified, all distances shall be measured horizontally. 9. The word' "City" means City ofLa. Junta, Colorado. 10. The word' "County" means Otero County, Colorado. 11. The abbreviation "N/A'means not applicable.  requires otherwise:  plural includes the singular. 4. The word "shall" ist mandatory. 5. The word "may" is permissive.  entities.  B. Any word or phrase which is defined in this Article or elsewhere in these regulations shall have its meaning as sO defined whenever the word or phrase is used in these regulations, unless such definition is expressly  limited in its meaning or scope.  This Article defines words, terms and phrases contained within this Land Use Code. The following terms shall have the following meanings when used in this Land Use  Code:  Accessory Building or Structure means a detached, subordinate building or structure located upon the same lot as the principal building or structure to which it is a. Clearly incidental, subordinate, secondary and devoted to the principal  related, which is:  building or structure.  2    b. Customarily found in conjunction with the principal building or structure. Accessory Use means a use incidental, customary, and subordinate to the principal use of the lot, structure, or building and on the same lot and not prohibited in  the zone district in which iti is located. roofarea to an existing structure.  Addition means any work which adds square footage, volume or exterior wall or Agriculture means the use of a tract of land for the growing of crops, pasturage, nursery, dairying, animal and poultry husbandry and the sale of such products on the premises that are produced on the premises. Agriculture shall also include the structures necessary for carrying out the farming operation but shall not include feed lots. Airport or Heliport means any landing area, runway or other facilities designed, used or intended to be used either publicly or privately by any person or persons for the landing and taking off ofa aircraft, including all necessary taxies, aircraft storage, tie-down Alley means a public thoroughfare which provides only a secondary means of access to abutting property, the right-of-way of which is twenty feet or less in width. Alteration means, as applied to al building or structure, a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height or the moving from one (1) location or position to  areas, hangars, or other necessary uses, and open spaces.  another, shall be considered as an alternation. of1965, Section 31-12-101, etseq., C.R.S.  Annexation means the process of incorporating an unincorporated portion of Otero County into the boundaries oft the City pursuant to the Municipal Annexation Act Approved Public Sanitary Sewer System means a sewage disposal plant, main sanitary sewer lines and other lines approved by the governing body of the city, and/or the board of county commissioners ofthe county, and by the State Department ofE Health. Approved Public Water System means water treatment plant and service lines approved by the governing body ofthe city, and/or the board of county commissioners of Bed and Breakfast Inn means a residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are provided for one or more persons, provided that in all allowable residential districts, the number of such sleeping rooms shall not exceed a  the county, and by the State Department ofHealth.  maximum ofs six (6) such units.  Block means a piece or parcel of land entirely surrounded by public highways, Bedroom means a room in a dwelling unit that is marketed and designed for  streets, streams, railroad right-of-way, parks, or a combination oft thereof. sleeping, or otherwise has the potential to function primarily for sleeping.  3    Board means ai residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement. for definite short-term periods, sleeping rooms and meals are provided for one or more persons, provided that in all allowable residential districts, the number of such sleeping rooms shall not exceed a maximum of six (6) such Boarding or Rooming House means a building, other than a hotel, bed and breakfast, cafe or restaurant, where, for direct or indirect compensation, lodging and/or meals are provided for three (3) or more boarders and/or roomers, exclusive of the  units.  occupant's family.  Brewery, Distillery, Winery means an industrial use that creates ales, beers, meads, wines, spirits, and/or similar beverages on site for wholesale production. Small tasting rooms may be an accessory use. This definition excludes small breweries (less than 5,000 barrels of beverages per year) operated in conjunction with al bar or restaurant Building means any structure used or intended for supporting or sheltering any use or occupancy and within the purview of1 the building codes as adopted by the City. Building. Area means the maximum horizontal area within the outer perimeter of the building walls, dividers or columns at ground level or above, whichever is the greater area, including exterior stairways, and inner courts but excluding uncovered decks, uncovered porches, patios, terraces and steps of less than thirty (30) inches in height, and completely open, uncovered, cantilevered balconies that have a minimum of eight (8): feet Building, Enclosed means a building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for Building Height means the vertical dimension measured from the average elevation oft the finished lot grade at the front oft the building to1 thel highest point ofa flat roof, to the deck line of a mansard roof; and to the average height between the plate and  defined herein as an accessory use.  vertical clearance below.  windows and doors, and covered by aj permanent roof.  ridge ofa gable, hip or gambrel roof.  Building. Line means the average setback oft the primary structures on a block. Building, Principal means a building in which the primary use for the lot on Building Site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by aj principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open Bus Station means any premises for the storage or parking ofmotor-driven buses and the loading and unloading of passengers. Stations may include ticket purchase  which the building is located is conducted.  spaces as are required by these regulations.  facilities, toilets, restaurants and retail stores.  4    Building Site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by aj principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open Campground means a parcel of ground, which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles. No camper shall occupy a campground except on a temporary basis. The term campgrounds does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose ofs storage,  spaces as are required by these Regulations.  inspection or sale.  Carwash means an establishment having facilities designed or used exclusively Canopy or Marquee means a roof-like structure of a permanent nature, which Cellar means a story having more than one-half ofi its height below grade. Child Care means the process of caring for less than four (4) unrelated minor children as a service with or without financial arrangements. Child care shall include the  for washing or cleaning passenger motor vehicles.  projects from the wall ofal building and overhangs thej public right-of-way.  term "baby-sitting" but shall not include preschools.  Child Care Center means a day nursery providing care for four (4) or more children for part of all of a day or night away from the home of the parent or legal guardian; and including full day group care, nursery schools, play groups, head start centers giving emphasis to special programming for children, kindergartens not operated by the public schools, and other establishments offering care to groups of children. Such  centers shall meet all licensing requirements oft the State of Colorado.  City Council or The Council means The City Council of the City of La Junta, Club or Lodge means a non-profit association or organization formed for either fraternal, social, educational, philanthropic or other similar purposes, including unions Church means any building that is architecturally designed and/or particularly adapted: for the primary use ofc conducting formal religious services on a regular basis. Clear Sight Triangle means the area at the intersection of any two (2). streets that is to bel kept clear ofa any shrubs, groundcovers, berms, signs, structures or other materials greater than two (2) feet in height above the street centerline grade. A clear sight triangle isn measured at the intersection of any two (2) streets. A triangle measuring fifteen (15) feet for alleys, twenty (20) feet for streets along each curb or edge of roadway/pavement from their point of intersection, the third side being a diagonal line connecting the first Common Open Space means an area of land or water or combination thereof planned for passive or active recreation, which does not include areas utilized for streets,  Colorado.  and professional organizations.  two (2).  5    alleys, driveways or private roads, off-street parking or loading areas. However, the area ofrecreational activities such as swimming pools, tennis courts, shuffleboard courts, etc.,  may be included as open space.  Commercial. Large Scale means a commercial use where the total area utilized by as single tenant or group oftenants in an attached structure, exclusive of parking, occupies  twenty thousand (20,000) square feet or more.  Commercial Lodging means hotels, motels, lodges or convention centers which have sleeping accommodations and similar commercial facilities that provide temporary lodging in guest rooms, which have common facilities for reservations, reception and maintenance, and in which meals, entertainment and various personal services for the  public may or may not bej provided for remuneration.  Commercial Use means an activity involving the sale of goods or services carried  out for profit.  Commission means the Planning Commission oft the City.  Communication Facility means, but is not limited to, unmanned facilities, equipment, parabolic-shaped devices or antennae for the reception, transmission or switching of satellite or electronic signals, including television, radio, telemetry, personal wireless communication, data communication or any other signals which use air space as an medium, whether for commercial or private use and that may or may not be licensed by  thel Federal Communications Commission.  Community Building or Use means a building which is owned by the City, the County, the State, United States Government or a nonprofit organization that is open to the general use, participation and enjoyment of the public for the purposes of group assembly, a museum, and other civic functions, and which, notwithstanding anything to Comprehensive Plan means that plan and amendments thereto for the City which provides objectives, guiding principles and recommended actions to guide the current and Conditional Use means a use that is generally compatible with the other uses permitted in a zone district, but which requires site-specific review ofi its location, design, configuration, density, intensity and operating characteristics, and may require the imposition of appropriate conditions in order to ensure compatibility of the use at a particular location, to mitigate its potentially adverse impacts and to ensure that it Condominium Unit means a physical portion of a common interest community which is designated for separate ownership or occupancy and the boundaries ofwhich are Day Care, Adult means ai facility providing care for adults sixty (60): years ofa age or older and/or functionally impaired adults in a protective setting for part ofa twenty-  the contrary in this Code, includes use primarily for offices.  long-range development of the City.  complies with all of1 the standards ofthis Chapter. described or determined int the declaration.  four-hour day.  6    Day Care, Large means a residence, facility or preschool which provides regular care and supervision for more than eight (8) children at anyone (1) time during the day Day Care, Small means a residence, facility or preschool which provides regular care and supervision for eight (8) or less children at anyone (1) time during the day for Demolition means the total or partial destruction, disassembly, damage, razing or tearing down ofa structure or any portion thereof. The term includes the removal of any material constituting part oft the structure other than for purposes ofo ordinary maintenance or repair, which removal affects the exterior appearance of the structure or which reduces the stability or longevity of the structure. The term excludes the sudden or cataclysmic destruction of or damage to a structure due to acts of nature, including fire, earthquake, Demolition By Neglect means any total or partial destruction of or damage to a structure, or any portion thereof, due to the failure of the owner or lessee to adequately Design Standards means local, state or national criteria, specifications or requirements referenced within this Chapter and used for the design of public or private Developer means the legal or beneficial owner or owners of all of the land proposed to be included in a proposed development or the duly authorized agent thereof. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose oft these Regulations. Duplex means a detached residential structure containing two (2) dwelling units separated by a building code-compliant common wall. A duplex dwelling unit may have Drive-In Facility means an establishment which provides such products and services as, but not limited to, food, beverages or financial services, to customers in Dump means a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or  for compensation. compensation.  wind, excessive snow load or flood. maintain or repair the structure.  infrastructure.  as side-by-side or stacked configuration.  vehicles.  waste of material ofany kind.  Dwelling means a building or a portion ofal building containing one (1)room, or several rooms connected together, including a separate bathroom and a single kitchen, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on ai monthly or longer basis, physically separated from any other rooms or Dwelling Unit, Accessory (ADU) means a legally-permitted residential dwelling unit located on the same lot as a principal dwelling unit and subordinate to that principal unit in conditioned living space. ADUS may be internal to, attached to, or detached from  dwelling units which may bei in the same structure.  7    the principal dwelling unit and generally include living, sleeping, kitchen and bathroom  facilities, parking space, and a separate lockable entrance door. occupied exclusively by more than two families.  Dwelling, Multiple-Family means a building having accommodations for and Eating and Drinking Establishment means a permanent building containing a restaurant, bar or tavern which serves food and/or beverages, prepared or consumed on the premises, within al building or on an outdoor patio, served to the customer at tables or  counters.  Family means one or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group ofr not more than four unrelated persons living together as a single housekeeping unit; plus in either case, associated domestic  servants.  Floodplain means that land area subject toi inundation from surplus stormwater as defined by the HUD flood insurance study and as depicted on the flood insurance rate  mapi for the community.  Floor. Area, Gross means total area ofa a building measured by taking the outside dimensions oft the building at each floor level intended for occupancy or storage. Floor Area, Habitable means the total floor area contained within the inside walls of a structure with at least 7.0' ofl headroom. Habitable floor area does not include unfinished attics, areas used for access such as stairs and covered porches, garage space used for the parking of cars or storage, unfinished basements, and utility rooms less than 50 sq. ft. All other areas of an accessory dwelling unit shall count towards habitable floor Frontage means all the property on one side of a street between the two intersecting streets (crossing or terminating) measured along the line of the street. Where as street is dead ended, the frontage shall be considered as all that propertya abutting on one Garage, Private means an accessory building designed or used for the storage of not more than four motor driven vehicles owned and used by the occupants of the Garage, Public means a building designed, or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, Garage, Storage means a building, or portion thereof, designed or used Gasoline Service Station means al building or premises in which is conducted the retail sale of batteries, tires, oil, gasoline or other fuel for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, and where the only repair work is done is the exchange of parts and maintenance requiring no open flame or welding.  area.  side between an intersecting street and the dead end ofthes street.  building to which it is accessory.  selling or storing motor-driven vehicles.  exclusively for housing four or more motor-driven vehicles.  8    Governing Body means, unless otherwise specified, the City Council oft the City Grade means adjacent ground elevation is the lowest point of elevation of the finished surface of the ground, pavement or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5): feet from the building.  ofLaJ Junta, Colorado.  Group Home means a residence providing accommodation for not more than eight (8) developmentally disabled persons, nor more than eight (8) persons sixty years of age or older as defined by C.R.S. 31-23-303, and operated in accordance with the Good Repair means a condition which not only meets minimum standards of health and safety, but which also guarantees continued attractiveness, structural Government Administrative Facilities, Services and Buildings mean office buildings, maintenance facilities and operations centers owned and operated by a Heliport means aj paved area designated expressly for the landing and take-off of Home Business means the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support, by residents of the dwelling and employees residing off-premises, which may  requirements and conditions of state statute.  soundness and usefulness. governmental agency. helicopters.  serve patrons on the premises.  Home Occupation means the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support, only by residents of the dwelling and employees residing off-premises, which does not serve patrons on the premises, except in an incidental manner. Hospice means a facility for the treatment and support of terminally ill patients which may occur in an institutional or residential setting, but not including when such Hospital means a building or portion thereof used for the overnight Hotel, Lodge, Hostel means a building or structure which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily top transient guests and in which four (4) or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a cabin camp, tourist cabin, motel or other type ofl lodging unit. This definition does not include bed and breakfast establishments. Industrial, Heavy means the basic processing or manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage ofor manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized  treatment or support occurs in the patient's own residence.  accommodation, medical care of and ancillary services for human patients.  9    offensive conditions. Heavy industrial uses may involve extensive exterior operations Industrial, Light means a use engaged in the repair or manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Light industrial does not allow for large structures outside of principal buildings, such as  such as material storage, aggregate processing and batch plants.  refineries  Institution of Higher Learning means a college, university or incorporated academy providing general academic instruction equivalent to the standards prescribed by the State Board of Education. Dormitories, fraternity houses, sorority houses and other student housing which are constructed on campus shall be considered accessory  buildings.  Institution, Non-Profit means a building occupied by a non-profit corporation or Junk or Salvage Kard means a lot, parcel, or tract of land, including buildings, used primarily for the collection, storage and sale of waste paper, rags, scrap metal, or other discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or fort the sale of parts thereof.  anon-profit establishment forj public use.  Kennel. means any place, area, building or structure where dogs and cats (including those under one year of age) are boarded, housed, cared for, fed, or trained by other than the owner, or where more than three dogs and cats more than one year of age  arel kept for purposes ofbreeding, raising, or as pets.  Landmark means City ofLa Junta, State of Colorado or National Park Service designation ofa a particular building, structure or site that represents historic significance because of its style of architecture, its association with historic events or persons or its Landscape area means an area which has been improved through the planting and maintenance of living plants such as trees, shrubs, plants, vegetative groundcover and turf grasses. Landscape area may include natural nonliving elements such as rock, stone and bark, as well as structural features, including but not limited to walks, trail connections, fences, benches, works of art, reflective pools or fountains and outdoor recreation facilities, such as swimming pools, tennis courts and the like, but shall not include areas covered by buildings, parking or access areas. In subdivisions, PDs and mobile home and RV parks, landscape area may mean an unimproved natural area, including land under water, wetlands, floodplains and similarly sensitive lands when Loading or Unloading Space means an off-street space or berth, on the same tract and contiguous with the principal building or group of buildings for the temporary parking of commercial vehicles for loading and unloading merchandise or materials. Lot means aj portion or parcel ofl land (whether aj portion ofaj platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories, together with such yards, as are required under the provisions of this Land  archeological interest.  approved by the Commission.  10    Use Code, having not less than the minimum area and off-street parking spaces required by this Land Use Code for a lot in the zone district in which it is situated, and having frontage on any improved public street or on an approved private street. Lot Area means the number of square feet included within the boundaries oft the lot, measured on a horizontal plane upon which the boundaries have been vertically Lot Coverage means that area or portion ofal lot which is occupied or covered by all buildings on that lot. The area included as coverage shall be that area defined herein  projected.  as building ared.  Lot Double Frontage means a lot which runs through al block from street to street  and which abuts two (2) or more streets.  Lot Frontage means lot width measured at the street frontage. measured perpendicularly from the street line upon which the lot faces.  Lot Length means the average distance from the street to the rear of a lot, Lot Line Adjustment means an adjustment of a lot line between two (2) contiguous lots that is necessary to correct a survey or engineering error in a recorded plat, to allow boundary change between adjacent lots or parcels to relieve hardship or practical necessity, or to allow at transfer ofl land from al larger conforming lot to a smaller Lot Line Front means the property line dividing a lot from a street right-of-way. On a corner lot, the front line shall be designated by the location of the primary entrance Lot Line Rear means the property line opposite the front lot line. On a corner lot the owner shall choose which lot line is designated the rear lot line, typically this lot line  nonconforming lot sO as toi make both lots conforming.  ori front porch.  is opposite the front lot line.  Lot Line Side means any lot line other than a front or rear lot line.  Major Subdivision means a subdivision that results in the creation of more than five (5) parcels, lots, units, sites, tracts or interests out ofthe property as it existed prior to  any subdivision. which:  Mamuyfactured Home Equivalent Performance means a single-family dwelling 1. Is partially or entirely manufactured in ai factory. 2. Isn not less than twenty-four: feet in width and thirty-six feet inl length. 3. Isi installed on an engineered permanent foundation. 4. Has brick, wood or cosmetically equivalent exterior siding and aj pitched roof. 5. Isc certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et seq., as amended. Minor Subdivision means the division of previously unsubdivided land into five  (5) or fewer separate parcels, lots, units, sites, tracts or interests.  11    Mixed Use means al building containing both commercial and residential uses. In Mobile Home means a dwelling which is designed to be transported on its own permanent chassis after fabrication, and is designed to be used as a dwelling, with or without permanent foundation, when the required plumbing, heating and electrical facilities are connected. Mobile homes shall comply with the HUD Code. New or used mobile homes installed after April 17, 2023, shall comply with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974  commercial zones, the store front is maintained as commercial.  (hereinafter referred to as the HUDC Code). for the location of one (1)mobile home.  Mobile Home Lot means that area of a mobile home park allotted and designed Mobile Home Park means a plot of ground upon which two (2) or more mobile homes, either occupied or intended to be occupied for dwelling or sleeping purposes, are located regardless of whether a charge is made for such accommodations. Mortuary means an establishment in which the deceased are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment. Nonconforming Lot means any lot which was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which does not conform to the standards of this Chapter for the zone district in which the lot is Nonconforming Structure means any structure which was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which does not comply with the standards of this Chapter for the zone district in which the structure is located regarding minimum setbacks, maximum height, maximum lot coverage, maximum density, minimum landscape area, minimum building width, minimum floor area or the applicable standards for off-street parking, landscaping or Nonconforming Use means any use of a structure or land which was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which use is not designated in this Chapter as a permitted or Nursing Home or Convalescent Homes means an institute or agency licensed by the State for the reception, board, care, or treatment of three or more unrelated individuals, but not including facilities for the care and treatment of mental illness,  located regarding minimum lot size or minimum lot frontage.  improvements.  conditional use in the zone district in which the use: is located.  alcoholism, or narcotics addiction.  Open Space means aj parcel of land that is not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities. Ordinary Maintenance and/or Repair means any work for which a building permit is not required by law and where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure, or any part thereof, and to restore  12    the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage, and which work does not substantially alter the appearance, composition or texture oft the exterior surface oft the structure. Outlot means a measured piece of land contained within subdivided land that is not a building lot. An outlot may be conveyed to the public for open space or other public purposes, be retained by the developer for later subdivision or be conveyed to an Outdoor Amusement Establishment means the provision of entertainment or games ofs skill to the general public for ai fee where. any portion of the activity takes place outside ofa a building, including but not limited to a golf driving range, archery range or miniature golf course and similar establishments. This use does noti include a stadium. Owner means a person, firm, association, syndicate, joint venture, partnership,  owners' association.  governmental unit or corporation holding fee simple title toj property. Ownership Parcel: means lot, as defined herein. Parcel: means Lot, as defined herein.  Park means an area open to the public and reserved for gathering spaces, community agriculture and recreational, educational, cultural or aesthetic purposes. Parking Area means an open area or an enclosed structure or building used for Parking Off-Street means a parking area located wholly within the limits ofa Parking Space means that part of a parking area, exclusive of aisles, turning Parkway means the area, excluding the sidewalk, if any, between the property line and the curb or, in the absence ofa a curb, between the property line and the nearest  thet temporary parking ofautomobiles or other vehicles.  parcel ofl land.  areas or loading space, devoted to parking for one (I)automobile or vehicle.  edge of the street paving.  Paved. Parking means a vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and Permanent Foundation means a foundation formed of poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality Permitted Use means a use which is allowed in a zone district, subject to all of the restrictions applicable to that zone district and all of1 the standards ofthis Chapter. Person means every: natural person, firm, partnership, association or corporation. Personal Service means an establishment primarily engaged in providing individual services generally related to personal needs. Typical uses may include but are  consistency to provide a dust-free all-weather condition.  construction.  13    not limited to bank, credit and loan service; beauty and barber shop; catering service; chiropractic clinic; funeral home and mortuary; laundry and dry cleaners; massage facilities; photographic studio; tailor and shoe: repair service; and yoga or dance studio. Personal Wireless Telecommunication Service Facility means an unmanned facility or equipment for the reception, transmission or switching of personal wireless telecommunications and/or telecommunication services utilizing frequencies that may or  may not be licensed by the Federal Communications Commission.  Premises means aj parcel together with all buildings and structures thereon. Porch means ai roofed, open area, which may be screened, attached to or part ofa Principal Use means the purpose or function for which a lot, structure, or building is intended, designed, or constructed, or the activity which is carried out within Professional Office means a business which primarily provides professional services in an office environment. Typical uses may include but are not limited to services such as legal, accounting, investment, insurance and real estate; medical, dental and other health services; engineering, architecture, survey and design services; counseling, psychiatric and social services; editing/pubishing; and administrative and sales offices for business, industry and government, provided that only the administrative, bookkeeping and clerical activities oft the sales office are conducted on-site. Prohibited Use means a use that is not permitted in a zone district.  building and with direct access to or from it.  said lot, structure or building.  Quasi-Public means essentially aj public use, although under private ownership or Recreation Facilities means a place designed and equipped for the conduct of Recreational Vehicle (RV) means a vehicular unit, other than a mobile home ora manufactured home, whose gross floor area is less than 400 square feet, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, ai travel trailer, truck camper, motor home, fifth-wheeler trailer or van. Recreational Vehicle Park means a plot of ground upon which two (2) or more recreational vehicles, either occupied or intended to be occupied on a short-term or seasonal basis for dwelling or sleeping purposes are located, regardless of whether a  control.  indoor or outdoor sports and leisure time activities.  charge is made for such accommodations. property for any purpose other than for resale.  Retail Sales Establishment means a store engaged in the sale oftangible personal Right-oj-Way means all streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public as a matter of right, for the purpose of  vehicular or pedestrian travel or for other public purposes.  14    Restaurant, means aj public eating establishment except drive-ins in which thej primary functions are thej preparation and serving of food on the premises.  Restaurant, Drive-In means an establishment whose primary purpose is the sale, dispensing or serving of food, refreshment or beverages in automobiles, including those establishments where customers may serve themselves, except that this shall not be Rooming House means any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals as opposed to hotels, motels and bed and breakfast establishments providing Salvage Kard means a building or premise where junk, waste, inoperable motor vehicles or discarded and salvaged materials are bought, sold, exchanged, stored, baled, Sanitary Landfill means a lot or parcel of land used primarily for the disposal, abandonment, dumping, burial or burning of garbage, sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts thereof, or other waste, and which is in School means a public elementary or secondary educational facility which is under direction and control oft the State Board of Education and the State Superintendent of Public Instruction and/or a parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public Service Building means a structure housing toilet, laundry facilities, recreation equipment and such other facilities incidental to maintenance and management of a Service Station means an establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced. Setback means the distance required by this Chapter between the face of a building or structure and the lot line opposite that building face, measured perpendicularly to the building. Where angled buildings or lots, curved streets or similar Sign means any sign or other device which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is ini the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but does noti include 1. Advertising Sign means a sign which directs the attention of the pubic to any goods, merchandise, property, business service, entertainment, or amusement conducted or produced which is bought or sold, furnished, offered, or dealt in elsewhere than on the premises where such sign is located, or to which it is  construed as to include what is commonly called a cafeteria.  accommodations for transients.  packed, disassembled, crushed, handled or prepared for recycling.  conformance with the requirements oft the State of Colorado  educational facility.  mobile home park or recreational vehicle park.  features exist, the. setback shall bet taken as the closest distance.  any display of official notice or official flag.  affixed.  15    2. Business Sign means a sign which directs attention to a business or profession conducted or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A "FOR SALE" sign or a "FOR RENT" sign relating to thej property on which it is displayed shall 3. Flashing Sign means any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this title, any revolving illuminated sign shalll be considered a flashing sign. 4. Illuminated Sign means a sign designed to give forth artificial light, or designed 5. Sandwich Sign means an advertising or business ground sign which is constructed in such a manner to form an "A" or tent-like shape, hinged or not hinged at the top and each angular face held at an appropriate distance by a Sign Area means that area within the marginal lines of the sign surface which bears the advertisement or message; or in the case of messages, figures or symbols attached directly to or painted on the surface ofal building, that area which is included in the smallest geometric figure which encloses the message, symbol or figure displayed  be deemed al business sign.  tore reflect light derived from any source.  supporting member.  thereon.  Single-Family Dwelling means a detached principal building, designed for or Site Plan means a plan, to scale, showing uses and structures proposed for a parcel ofl land. A site plan includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, site drainage, and the Solar Access means access which protects reasonably plaçed solar energy systems from shadow-blocking exposure to the sun during hours ofhigh insolation which Storage yard means a site used for the keeping, in an outdoor area, ofa any goods, equipment, personal property, material, merchandise, or vehicles in the same place for Special Use Permit means a permit which allows a use as an exception by Storm Shelter means a weatherproof enclosure of appropriate structural quality to provide safety for occupants from tornadoes and other strong storms, sized according for the expected numbers of users and so located to assure immediate access from the surrounding service area. Storm shelters shall meet the location and construction Spot Zoning means the awarding of a use classification to an isolated parcel of land, which is detrimental or incompatible with the uses ofthe. surrounding area.  used as a dwelling exclusively by one (1) family as an independent living unit.  proposed locations of utility lines  are between 10:00 a.m. and 3:00 p.m. on December 21.  more than 24 hours.  authorization ofThe Planning Commission.  requirements of the city.  16    Story means that portion ofa building included between the surface of any floor and the surface oft the floor next above it, or, ifthere be no floor above it, then the space Story Halfmeans a space under a sloping roof that has the line ofintersection of the roof and wall face not more than 3 feet above the floor level and in which space the possible floor area with headroom of5 feet or less occupies at least 40 percent of the total Street means a dedicated public right-of-way or private road which provides vehicular and pedestrian access to adjacent properties. Street shall include road, lane, place, avenue, drive and similar terms. The following are types of streets addressed in Arterial Street means the major street in the street hierarchy, which has a high traffic volume and is not intended to be ai residential street. An arterial street provides connections with or is a major state or interstate roadway and is often the location of significant community facilities as well as retail, commercial and industrial facilities. Expressway means a street with divided roadways which provides fast and efficient movement of large volumes of traffic between areas and across the city and which does not provide a land service function. These streets are typically controlled by Collector Street means a street whose function is to conduct traffic between major arterial streets and/or activity centers. It is a principal traffic artery within  between the floor and the ceiling next above it.  floor area of1 the story directly beneath.  this Chapter:  CDOT.  residential areas and carries relatively high volume.  Cul-de-sac street means a local street with only one (1) outlet, which is terminated at the other end by a vehicular turnaround. The length oft the cul-de-sac shall be measured from the center of the turnaround to the nearest point where the cul-de-sac  intersects with the intersecting street.  Local Street means a street whose primary purpose is to conduct traffic to and Street Frontage means that portion of the boundary of a parcel of land which is parallel with any single public street or way. Corner lots, by way of illustration, are Street frontage, primary means the street frontage on which the residential or Structural Alteration means any change in the supporting members ofal building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this title, the following shall not be 1. Attachment ofar new: front where. structural supports are not changed. 2. Addition of fire escapes where structural supports are not changed. 3. New windows where lintels and support walls are not materially changed. 4. Minor repair or replacement ofn non-structural members.  from dwelling units to other streets within the hierarchy.  deemed to have two (2) street frontages.  business address abuts.  considered structural alterations:  17    Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences less than six feet in height. Porches, slabs, patios, decks, walks and steps which are uncovered and do not exceed thirty (30) Subdivision means the division of a lot, tract or parcel of land into two (2) or more lots, plats, sites, units, or other divisions of land for the purpose, whether immediate or future, ofs sale, transfer of ownership or building development; and, when appropriate to the context, relates to thej process of subdividing or to the land or territory subdivided. Tavern means an establishment in which the primary function is the public sale and serving of vinous, or spirituous liquors or fermented malt beverages. Theater, moving picture means a building or part of a building devoted to the Theater, drama means a building or part of a building devoted to stage This Ordinance or Title means the document duly approved and adopted by the governing body of the City of La Junta, Colorado, which establishes zoning  inches above grade are excluded from the definition of structures.  showing ofr moving pictures on aj paid admission basis.  productions, plays, oratory or other events forj paid or unpaid public attendance.  requirements, otherwise known as the Zoning Ordinance.  Townhouse means a multiple-family dwelling structure wherein separate dwelling units including the immediately adjacent yard area are individually owned, as opposed to a condominium which does not include ownership of the adjacent yard, or rental units in an apartment. If townhouses must have a shared code complaint fire wall  between units.  Tract means aj plot or parcel of land, other than a lot in a subdivision, which is recorded in the office of the County Clerk and Recorder of the county as a single plat or Temporary commercial activity means general retail sales or other commercial uses such as food carts, trucks or trailers operated outside of a building. Temporary commercial activities do not include farm stands, farmers' market, holiday tree sales, yard sales, catering for events, outdoor accessory sales of an existing business established on the property and non-profit organizations for less than two (2) days in a calendar month. Trail means a pathway designed for and used by the public for non-motorized recreation and transportation. A trail may include amenities such as parking areas, Truck terminal means a facility for the receipt, transfer, short-term storage and Uncovered parking and access areai means that portion ofa parcel which is used for or intended to be used for vehicle parking or loading areas, circulation areas to and within vehicle parking and loading areas, and access driveways from a public or private right-of-way, whether such areas are. kept in paved, gravel or other surface.  parcel of land under individual ownership.  benches, restrooms and signage.  dispatch of goods transported by heavy truck.  18    Vacation rental means the rental of any dwelling for overnight or vacation Variance means the authorization, by the Planning Commission, of a variance from the specific terms of the Zoning Ordinance. Variances are limited to those authorized int the powers and duties of the Planning Commission defined in this chapter. Vested property right means the right to undertake and complete development and use of property under thet terms and conditions ofas site specific development plan. Veterinary clinic means a building or area in which animals requiring special medical care are treated or temporarily housed. The term shall not be construed to  lodging for periods ofl less than thirty (30) days.  include kennel.  Warehouse means an enclosed building designed and used primarily for the Wholesale business means the sale of goods and merchandise for resale instead Kard means an open space not in any alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter. Yard, front means a yard extending across the width of the lot and measured from the front line ofthe lot or street to the nearest line oft the building on which it fronts. Yard, rear means a yard extending across the width of the lot and measured Yard, side means a yard on each side oft the building between the building and the Zone or District means a section of the city for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open Zoning. Administrator means thej person or persons authorized and empowered by the Governing Body having. jurisdiction to administer the requirements of these zoning  storage of goods and materials. ofi for direct consumption.  between thei rear line oft the lot and the nearest line of the building. side line oft the lot and extending from the front yard to the rear yard.  spaces about buildings are established int this title.  regulations. filed on record.  Zoning Area means the area to be zoned as set out on the official Zoning Map Zoning. Regulations "this or these regulations" means the requirements stipulated  in the regulations herewith attached.  19    20    CHAPTER 17.20  ADMINISTRATION & ENFORCEMENT  SECTIONS 17.20.010 17.20.020 17.20.030 17.20.040 17.20.050 17.20.060 17.20.010  Fees and Deposits Public Notice Amendments Appeals  Review Standards for' Text Amendments Enforcement, Violations and Penalty  Fees and Deposits  A. Every land use and development application shall be submitted with the appropriate fees and charges for thei type ofa application being submitted along with a cost reimbursement agreement in ai form approved by the City Attorney. For purposes oft this Section, "land use and development application" shall include any and all applications filed pursuant to the La Junta Land Use Code, requests for pre-annexation agreements and can and will serve letters from developments in unincorporated Otero County, and Title 32 special district service plan reviews pursuant to C.R.S. $32-1-201, et seg. The amount of such fees and charges shall be established by resolution oft the City Council, as may be amended from time to time, and available for review by the public at City Hall during normal business hours. B. In addition to the minimum application fees, the applicant will also be charged the actual review costs and fees if outside professional services for review are required of the application. The minimum application fees shall be due and payable upon submission of the application. In addition, at the time of submittal oft the application, the applicant shall deposit funds equal to two (2) times the minimum application fee to be used as the initial payment to offset the costs of outside professional services for review of the application. After exhaustion of the initial deposit, statements for professional review services will be mailed to the applicant, and payment of such amounts is due within thirty (30) days of receipt of the statement. Interest shall be imposed at a rate of one and one-half percent (1.5%) per month on all balances not paid within thirty (30) days of the date of the statement. All costs of providing notice, including publication, mailing and posting, shall be borne by the applicant. Recording and filing fees imposed by the Otero County Clerk and Recorder, and others, as a result of the application, shall be advanced by the applicant prior to the documents being C. No land use approval document shall be deemed effective until the plat is recorded in the real property records of Otero County and all fees and charges owed to the City are paid in full by the applicant. D. Int the event the City isi forced toj pursue collection of any amounts due and unpaid under this provision, the City shall be entitled to collect attorney's fees and costs incurred in said collection efforts in addition to the amount due and unpaid. The City reserves the right to suspend review ofa an  tendered for recording.  21    application, withhold approval, or postpone public hearings ifan applicant fails toj pay outstanding review fees as required hereunder. Delinquent charges may be certified to the County Treasurer and collected int the same manner as municipal taxes according to the procedure established in Chapter  3, ofthis Code. Public Notice  17.20.020  A. For all actions ofthe City described in this Chapter requiring public hearings, the City shall provide public notice and shall demonstrate that such public notice conforms to thei following requirements. B. Except as otherwise required by law, notice shall be sent by first class mail toa all property owners within onel hundred seventy-five: feet (175') of the property in question at least fifteen (15) days in advance oft the hearing. C.E Except as otherwise required by law, notice oft the hearing shall be published in a newspaper of general circulation within the City and posted at the official posting place in City Hall at least fifteen (15) days in advance (1) A statement oft the nature of the matter being considered; (2) The time, date and place ofthej public hearing; (3) The agency or office and phone number where further information may (4) Al legal description, and address if onel has been assigned, ofthe subject  ofthel hearing. D. All notices shall include:  be obtained; and property.  17.20.030  Amendments  The text oft this Land Use Code may be amended, supplemented or repealed pursuant to the procedures and standards ofthis Article. A. Initiation of text amendment. An amendment to the text of this Land Use Code may be initiated by the City Council, the Planning Commission, the Administrator, a resident of the City, an owner of a business within the City or any person who holds a recognized interest in real property within the B. Procedure for Text Amendments. An applicant requesting an amendment 1. Preapplication Conference. Attendance at a preapplication conference is optional, but recommended, for a private applicant intending to submit an application for an amendment to the text of this Land Use Code or the boundaries ofzoning districts, as depicted on the Official Zoning Map. 2. Submittal of Application. The applicant shall submit a complete text amendment application to the Administrator which contains the precise amended wording. The Administrator shall bei responsible for submitting the application materials for an amendment initiated by the City Council 3. Staff Review. The Administrator shall review the application to determine whether it is complete. The Administrator shall forward a report to the Planning Commission, which report summarizes the application's compliance with the applicable review standards contained in Section 17.20.40 below, and other applicable provisions of this Chapter. The technical comments and professional recommendations of other agencies and organizations may be solicited in drafting the report.  City.  shall follow the stages oft the process outlined below:  or Planning Commission.  22    4. Public Notice and Action by Commission. The Planning Commission shall hold aj public hearing to review the conformance oft the application with all applicable provisions of this Chapter. Public notice shall be provided as specified in Section 17.20.20 of this Chapter. The Commission shall make a recommendation that the City Council approve, approve with conditions or deny the application, or shall remand the application to the applicant with instructions for modification 5. Public Notice and Action by Council. The City Council shall consider the recommendations of the Planning Commission at a public hearing. Public: notice that the City Council will conduct a hearing to consider the recommendations of the Planning Commission shall be provided as specified in Section 17.2.30 of this Chapter. The City Council shall, by ordinance, approve or deny the proposed amendment or shall remand it to the applicant with instructions for modification or additional 6. Actions Following Approval. Upon approval of the amendment and the filing and, if applicable, recordation of any documents required by the approval, the Administrator shall cause the amended text of this Chapter  ora additional information or action.  information or action.  tob be officially codified. Review Standards for Text Amendments  17.20.040  An application for an amendment to the text ofthis Chapter shall comply with A. Consistency With Purposes - The proposed amendment shall be consistent 1. The proposed repeal and readoption including the proposed amendments are consistent with promoting the health, safety, quality of life, convenience, order, prosperity, and welfare of the present and future B. No Conflict with Other Provisions - The proposed amendment shall not conflict with any other applicable provisions of this Chapter, or shall repeal or amend provisions ofthis Chapter which are inconsistent, unreasonable or 1.7 The code will be repealed and readopted in its entirety to avoid any future conflicts with provisions with thel La Junta municipal code. . Consistency With Comprehensive Plan The proposed amendment shall be consistent with the Comprehensive Plan, shall implement a new portion of the Comprehensive Plan or shall implement portions of the Comprehensive Plan which have proven difficult to achieve under the existing provisions of 1. The updated code is consistent with the Comprehensive Plan - This repeal and readoption is being completed to satisfying the public D. Public Health, Safety and Welfare - The proposed amendment shall preserve the public health, safety, general welfare and environment and 1. This Chapter is being repealed and readopted for the purpose of promoting the health, safety, quality of life, convenience, order, prosperity, and welfare of the present and future inhabitants of the City by lessening of congestion in the streets or roads, securing safety from  thei following standards:  with the purposes ofthis Chapter.  inhabitants of the City.  out-of-date.  this Land Use Code.  noticing requirements.  contribute to the orderly development of the City.  23    fires and other dangers, providing light and air, avoiding undue congestion of the population, facilitating the adequate provision of transportation, water, wastewater, schools, and other public requirements, securing protection of the tax base, and by other means in accordance with the City ofLa. Junta Comprehensive Plan.  17.20.50  Appeals  A. Appeal - An order, decision or interpretation rendered by the Administrator, any Commission or any Board: may be appealed to the designated body outlined in' Table 17-A. Decisions by thel Planning Commission, and City Council shall bei final and may not be appealed further except in court.  TABLE17-A  Appealing Body from Specific Orders, Decisions orl Interpretations  Decision Appealed From: Type ofLand Development Application  Decision Appealed To: Planning Commission  Administrator or his or her Interpretation  designee Building Official City Council Fire Chief Planning Commission  Verification of zoning compliance Reuse, change in use or further development  Sign permits Building Official code Annexation Chief  Interpretation of codes enforced by the Board of Appeals* Amendment to Official Zoning Map or text of Court system Interpretation of codes enforced by the Fire Board of Appeals*  Conditional Use Review, Variance  City Council  *] Refer to Chapter 15, for additional information  B. Appeal Contents The appeal shall bei in the form ofa written letter of appeal delivered or postmarked to the Administrator within fifteen (15) days oft the date the interpretation or decision was first postmarked. Such notice shall identify the date and nature of the order, decision or interpretation at 1. Facts and Reasons - The facts and reasons for the appeal, including any relevant citation to any rule, regulation or code section relied upon. 2. Copy A copy oft the order, decision or interpretation being appealed if 2. Actions Following Receipt of. Appeal - Upon receipt oft the appeal, the Administrator shall schedule the appeal for a regular or special meeting of the appropriate body within thirty-one (31) days of the filing oft the notice to 3. Notice Written notice oft the time, date and location of the hearing shall be sent by regular mail to the appellant not less than fifteen (15) days prior to the hearing. In cases where a decision rendered during a public hearing is being appealed, notice shall be provided as outlined in Section  issue and set forth inj plain and concise language the:  the same was issued in writing.  appeal.  17.20.20 oft this Chapter.  24    E.  Appeal Hearing  1. Evidence- Formal Rules of Evidence shall not be followed during hearings. The chairman shall have the power to decide what evidence is material to the appeal. Written documents presented at the hearing shall be made part of the record, and public testimony shall be taken if the appeal required public notice. The burden of persuasion on appeal shall rest with 2. Basis ofa a Decision - Review oft the land use decision being appealed shall be limited toi thei record established before and relied upon by the designated decision making body. An appealing body shall notl have the authority to override the provisions ofthis Land Use Code. Any decision shall includea a basis for the decision and cite specific sections ofthis Code. 3. Recording Audio recordings of the hearing shall be. necessary. A written summary oft the audio recording shall be made in ai timely fashion following thel hearing. Whenever a written verbatim transcript ofs such recording is requested by the appellant or when ai transcript is furnished by the City pursuant to court order, the cost of preparing the transcript shall bel borne in 4. Notice of Decision The appropriate appealing body shall hear all relevant evidence, and within ai reasonable time and ini no event more than fifteen (15) days thereafter, shall render its decision. The appealing body may reverse, modify or confirm the order, decision or interpretation. All decisions on appeal shall be reduced to writing, contain a concise listing of facts and reasons supporting the same and shall be promptly mailed by regular mail to  the appellant.  full by the appellant.  the appellant.  17.20.60  Enforcement, Violations and Penalty B. Certificate ofOccupancy  A. Administrative and Enforcement Authority- The City building official shall administer and enforce the Zoning Ordinance. Appeal from the decision of thel building official may be made to the Planning Commission. 1. Subsequent to the effective date of the Zoning Ordinance, no change in the use or occupancy ofl land nor any change in the use or occupancy of an existing building shall be made, nor shall any new building be occupied, until a certificate of occupancy has been issued by the building official. The certificate of occupancy shall state that the land and/or building complies with the provisions oft the Zoning Ordinance. 2. A record ofa all certificates of occupancy shall be kept on: file in the office of the building official and copies shall be furnished for two dollars on request by any person having an: interest int the land or building affected. 3. Buildings used for single-family purposes shall be exempt from this :. Plats to Accompany Application for Construction Permit 1.E Each application for a construction permit shall be accompanied by a plati in duplicate, drawn to scale, showing the actual dimensions oft the lot to bel built upon, the size, shape and location of the building to be erected and such other information as may be necessary to provide for 2. A record ofapplications and plats shall be kept in the office ofi the building official. Plats shall bei in conformance with requirements oft the  requirement.  the enforcement of this regulation.  City.  25    D. Violation Penalty  1. The owner or agent ofal building or premises in or upon which a violation ofa any provision oft this title has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation has been committed or shall exist, shall be punished by ai fine noti to exceed three hundred dollars. 2. Each and every day that such violation continues shall constitute a 1.In case any building or structure is erected, constructed, re-constructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation oft this regulation, the appropriate authorities of the area, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, re-construction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent  separate offense. E. Additional Remedies  the occupancy oft the building, structure, land.  26    CHAPTER 17.30 F-PFLOODPLAIN: DISTRICT  SECTIONS 17.30.010 17.30.020 17.30.030 17.30.040 17.30.050 17.30.060 17.30.070 17.30.080  Intent & Purpose District Regulations Special Use Regulations Intensity ofl Use Regulations Height Regulations Yard Regulations Sign Regulations Parking Regulations  17.30.010 Intent & Purpose  A. The F-P floodplain district is established for application int those areas oft the community which are subject to inundation from surplus stormwater as defined by the Flood Insurance Study and accompanying Floodway Map, and subsequent additions or amendments thereto, prepared for the City ofLa B. This zone is intended for application throughout the zoning jurisdiction in locations where official floodplain delineations have been established. The regulations are intended to minimize the extent of floods and reduce the height and violence thereof; to minimize the hazard of loss of lives and property caused by floods; and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or ini natural water courses and drainageways. A. In a F-P Floodplain district, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the permitted uses in the parent district to which this district is made aj part, provided that such uses and structures meet  Junta by the Federal Insurance. Administration.  17.30.020 District Regulations  the minimum requirements of Section 17.30.030.  17.30.030  Special Use Regulations  A. Notwithstanding the requirements oft the parent district, the other requirements ofthis Zoning Ordinance, and the detailed regulations present in City Ordinance Number 855, Prevention of Flood Damage, the following regulations shall supplement the regulations oft the parent district of which this district is made aj part. These regulations shall supersede those of the parent district where there is a conflict among regulations. 1.V Where by reason of flooding potential, and where the special flood studies and map indicate the possibility of detrimental or limiting conditions for development, no person, firm or corporation shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of Ordinance Number 855. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be  27    filed in the office of the City Engineer. The application shall be accompanied by explanatory background information as required by a. Elevation in relation to mean sea level, of the lowest floor (including b. Elevation in relation to mean sea level to which any structure has been c. Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria as required by Ordinance 855. d. Description oft the extent to which any watercourse will be altered or relocated as a result of proposed development. In areas within the municipal zoning, jurisdiction which are designated as "F-P" Floodplain, all developed uses of1 land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined by  Ordinance 855 which shall include as ai minimum: basement) of all: structures. flood-proofed.  2.  Ordinance 855. Intensity of Usel Regulations  17.30.040  The lot coverage and intensity ofthe use oft the parent district of which this district is made aj part shall bet the maximum allowable.  17.30.050  Height Regulation prescribed by this ordinance. Yard Regulations  The height regulations of the parent district of which this district is made a part shall be the maximum height requirements subject to additional requirements as The yard requirements of the parent district ofwhich this district is made aj part shall be the minimum yard requirements subject to additional requirements as The sign regulations oft the parent district of which this district is made aj part  17.30.060  prescribed by this ordinance. Sign Regulations  17.30.070  shall bet the minimum requirements for sign regulations.  17.30.080  Parking Regulations as prescribed by this ordinance.  The parking regulations oft the parent district of which this district is made aj part shall be the minimum requirements for parking subject to additional requirements  28    CHAPTER 17.40 ZONING DISTRICTS  SECTIONS 17.40.010 17.40.020 17.40.030 17.40.040 17.40.050 17.40.060 17.40.070 17.40.080 17.40.090 17.40.100 17.40.110 17.40.120 17.40.130 17.40.140 17.40.150 17.40.160 17.40.170 17.40.180 17.40.190 17.40.200 17.40.210 17.40.220 17.40.230 17.40.010  Purpose of Article Zone. Districts Established Official Zoning Map Determination ofZonel District Boundaries Annexation Applications and Zoning of Annexed Territory Application ofl Regulations Residential Zone Districts Commercial, Business and Industrial Zone Districts Principal and Accessory uses Permitted Use Conditional Uses Expiration of Conditional Use Permit Revocation of Conditional Usel Permit Uses not Itemized Schedule of Uses and Review Process Nonconformities Nonconforming Lots Zoning Variances  Review Standards Applicable to Particular Uses Zone district Dimensional Standards Rezoning PUD Modifications Purpose of Article  Mobile Home Park District (M-P) Design and Dimensional Standards  This Article specifies the purpose and intent of zone districts that regulate the type and intensity of land uses within the City. The zone districts havel been organized into broad district classifications, these being residential, mixed-use, commercial, and industrial. The incorporated area of the City is divided into zone districts to achieve compatibility ofu uses and character within each zone district, guided by the vision oft thel La. Junta Comprehensive Plan and to achieve To carry out the purpose and provisions oft this Article, the City is divided into  the purposes oft this Land Use Code. Zone Districts Established the following zone districts: F-P) Floodplain District R-la Single-Family Dwelling District R-1 Single-Family Dwelling District R-2 Two-Family Dwelling District R-3 Multiple-Family Dwelling District C-S Highway Service District C-1 General Commercial District C-2 Central Business District  17.40.020  29    I-1 Light Industrial District I-21 Heavy Industrial District M-P Mobile Home Park District PUD! Planned Unit] Development District  17.40.030 Official Zoning Map  A. Map Established- The boundaries oft the: zone districts established by this Land Use Code are shown on the map entitled "The City ofLa Junta Official Zoning Map" (hereinafter, "Official Zoning Map"). The Official Zoning Map, and all explanatory materials contained therein, is hereby established and adopted as part oft this Land Use Code, incorporated into this Land Use B. Location The Official Zoning Mapi is filed in the Office oft the City Clerk. Itis on display and available for inspection during normal business hours. C. Amendment If, pursuant to Section 17.20.030, an amendment is made to the Official Zoning Map, such amendment shall be entered on thei map by the  Code by reference. and made aj part hereof.  Administrator promptly following its adoption. Determination ofZonel District Boundaries  17.40.040  Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits, section lines, 44 section lines, % section lines, center lines of major rivers or tributaries, lot lines of platted blocks, center lines ofCity or County roads or highways or right-of-way lines or extensions thereof. For non-subdivided property or where a zone district boundary divides al lot or parcel, thel location of such boundary, unless indicated by dimension, shall be determined by the scale of the Zone District Map. Where a zone district boundary coincides with ai right-of-way line and the right-of-way is abandoned, the zone district boundary shall then follow the centerline of the former: right-of- way. Land not part ofaj public, railroad, or utility right-of-way which is not indicated as being in any: zone district shall be considered to bei included int the most restricted adjacent zone district even when such district is separated from the land in question by aj public, railroad, or utility right-of-way. Annexation Applications and Zoning of Annexed Territory Annexation applications shall bej procced pursuant to Section 31-12-101, et seq., C.R.S. All territory annexed to the City subsequent to September 1, 1999 shall be zoned according to district classifications of this Article. Such classification shall be determined by the City Council, upon recommendation of the Planning Commission. The proposed zoning shall be established in accordance with  17.40.050  applicable state statutes. Application of] Regulations  17.40.060  A. Conformity to Use Regulations: Except as hereinafter provided, no building, structure or property shall hereafter be used, and no building or structure shall be erected and no existing building or structure shall be moved, altered or extended nor shall any land, building or structure be used, designed to be used or intended tol be used for any purpose or in any manner other than as provided for among the uses. hereinafter listed in the: zone district regulations for the district in which such land, building or structure is located. All buildings or structures must comply in all respects with the provisions ofthe  building code adopted by the City ofLa. Junta.  30    B. Conformity to Setback, Bulk, Site Area and Height Provisions: Except as hereinafter provided, no building or structure shall be erected nor shall any existing building or structure be moved, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site area, building bulk, building location and height provisions hereinafter provided in the zone district regulations for the district in which such buildings, - Lot Area, Yard, Frontage, Landscape Area, and Parking Restrictions: Except as hereinafter provided, no lot area, yard, frontage, landscape area or parking provided about any building for the purpose of complying with provisions of this Chapter shall be considered as providing lot area, yard, frontage, landscape area or parking for any other building, and no lot area, yard, frontage, landscape area or parking for al building on any other lot. A. Specific uses that are permitted, conditional or not allowed are outlined in this Article, Table 17-B, Schedule of Uses -as are references to the review process required for various uses. The general purposes of the residential zone districts established within this Chapter are as follows: 1. Single-Family Dwelling District (R-la) (a). The R-la Single-Family Dwelling District is established for the purpose of low-density Single-Family Dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to de-value property for residential purposes or interfere with thel health, safety, order or general welfare (b.) Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the (a). Thel R-1 Single-Family Dwelling District is established for the purpose of1 low density single-family dwelling, duplexes, or ADUS control and to allow certain public facilities. (b).Iti is intended that no uses bej permitted in this district that will tend to de-value property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the (c). Regulations are: intended to control density of population and to provide adequate open space around buildings and structures int the (a). Thel R-2' Two-Family Dwelling District is intended for thej purpose of allowing a slightly higher density than in district R-1 yet retaining (b). This district allows duplex uses, single-family homes, certain community facilities and certain special uses. 4. Multiple-Family Dwelling District(R-3) (a). Thel R-3 Multiple-Family Dwelling District is intended for the purpose ofa allowing moderate to high residential density land use with the commingling of compatible single-family andi two-family  structures or open space is located.  17.40.070 Residential Zone Districts  ofp persons residing in the district. district to accomplish these purposes. 2. Single-Family Dwelling District (R-1)  district.  district to accomplish these purposes. 3. Two-Family Dwelling District (R-2)  the residential qualities.  31    dwellings, apartments, home occupations, certain community facilities and certain special uses, yet retaining the basic residential (a). Iti is thei intent ofthe M-P Mobile Home Park District toj permit low density mobile home uses in aj park-like atmosphere. (b.) The Mobile Home Park District isi intended for those areas where the owner proposes to develop and rent or lease individual sites in accordance with Section 17.40.200 below.  qualities.  5. Mobile Home Park District (M-P)  17.40.080  Commercial, Business and Industrial Zone Districts A. Specific uses that are permitted, conditional or not allowed are outlined in this Article, Table 17-B, Schedule ofUses. The general purposes ofthe commercial and industrial zone districts established within this Chapter are as (a). The C-1 General Commercial District isi intended fori the purpose of allowing basic retail, service and office uses. (b). This district is also intended toj provide locations for commercial activity that does not require a central location downtown but does requirea a location easily accessible to the downtown shoppers. (c). Business uses needing large floor areas, particularly those ofa a service nature andi not compatible with central business districts, are included in (a). The C-2 Central Business District is intended for the purpose of grouping retail merchandising activities into a concentrated area serving the (b). Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for (c).The grouping is intended to strengthen the business level oft the central (a). The C-S Highway Service District is intended for the purpose of providing limited highway services grouped on a single tract. Floor area isr restricted, off-street parking is required and landscaping is required in order to reduce possible adverse effects on adjacent properties. (a). The I-1 Light Industrial District is intended for the purpose ofa allowing certain industrial uses which do not require intensive land coverage, generate large volumes of vehicular traffic, and create obnoxious sounds, (b). Height and land coverage are controlled to insure compatibility with (a).The I-2 Heavy Industrial District is intended for thej purpose of allowing basic orj primary industries, which are, generally not compatible with (b). Certain extremely obnoxious or hazardous uses will require special  follows:  1. General Commercial District (C-1)  this district. 2. Central Business District (C-2)  general shopping needs of the trade area.  comparison shopping. business district. 3. Highway Service District (C-S)  4. Light Industrial District (I-1).  glare, dust or odor. adjoining uses. 5. Heavy Industrial District (I-2)  residential and/or commercial activity. permission to locate in this district.  32    17.40.090  Principal and Accessory Uses  A. The primary use ofa loti is referred to as a "principal use" which may be a land use or a structure. Only one (1) principal use per lot is allowed in any zone district except for commercial and light industrial zone districts where residential and nonresidential uses and where different nonresidential uses may be allowed in the same building as specified int the: zone district regulations. Only one (1) principal building andi its customary accessory buildings may be erected on any single lot in ai residential zone district unless B. A structure or land use that is customary, incidental, and accessory to the principal use is referred to as an accessory use. Accessory uses must be located on the same lot as the principal use. A building for a garage or storage, a home occupation, fences, hedges, and walls are permitted accessory uses in any zone district, subject to any limitations listed in this  approved through a Limited Impact Review.  Chapter. Permitted Uses  17.40.100  Those uses designated as permitted in Table 17-B, Schedule ofUses are allowed as ai matter of right and without special authorization. The Administrator shall verify that development ofau use allowed by right complies with all standards and  requirements of this Chapter. Conditional uses  17.40.110  A. General Conditional uses are those land uses which are generally compatible with thej permitted uses in a zone district, but which require site- specific review oft their location, design, intensity, density, configuration and operating characteristics, and which may require the imposition of appropriate conditions, in order to ensure compatibility oft the use at: a particular location and mitigate its potentially adverse impacts. Itist the intent of these regulations toj provide ai review of conditional uses so that the community is assured that any proposed conditional uses are suitable for the proposed location and are compatible with the surrounding land uses. Conditional uses are generally appurtenant toi the property supporting the use; however, conditional use permits may also be made specific to the permit holder ifappropriate under the circumstances. B. When Allowed Conditional uses may bej permitted in designated zone districts upon approval of the. Administrator or Planning Commission as C. Application and Review- - All applications for conditional uses will be reviewed by the Planning Commission at aj public hearing noticed in accordance with Section 17.20.020. according to the review standards set forth below. Applicants shall submit an application, fee, plans, ai narrative explaining the proposed development, and any other information deemed necessary by the City to allow thel Planning Commission to review the D. Review Standard - An application for conditional use approval shall comply with the following standards. In addition, an application fora a conditional use must demonstrate compliance with any review standards particular to  provided int these regulations.  application.  that use specified in Table 17-B.  33    1. Consistency with Comprehensive Plan The use shall be consistent with 2. Conformance to Code- The use shall conform to all other applicable provisions ofthis Chapter, including, but not limited to: (a). Zoning district standards- The purpose oft the zone district in which it isl located, the dimensional standards ofthat zone district and any standards applicable to the particular use, all as specified in Article (b). Site development standards The parking, landscaping, sign and 3. Use Appropriate and Compatible- - The use shall be appropriate to its proposed location and be compatible with the character of neighboring uses or enhance the mixture of complementary uses and activities in 4. Traffic- The use shall not cause undue traffic congestion, dangerous traffic conditions or incompatible service delivery, parking or loading problems. Necessary mitigating measures shall be proposed by the 5. Nuisance The operating characteristics ofthe use shall not create a nuisance, and thei impacts of1 the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare and similar 6. Facilities There shall be adequate public facilities in place to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies which the use would cause. 7. Environment The use shall: not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics or other natural features. As applicable, thej proposed use shall mitigate its  the City's Comprehensive Plan.  V.  improvements standards.  thei immediate vicinity.  applicant.  conditions.  adverse impacts on the environment. Expiration of Conditional Usel Permit  17.40.120  A. Conditional use permit approval shall be valid for one (1); year from the date of approval or within a longer period determined by the Administrator or Planning Commission, as applicable, for uses which involve phasing, but in no event longer than five (5)3 years from the date of approval. The conditional use approval may contain conditions as deemed appropriate by the Administrator or Planning Commission in approving the permit. Within the one-year period, or other approved period, the permit holder must either begin construction or establish the land use authorized by the conditional use permit, including any conditions attached to the conditional use approval. Failure to start construction or establish such use within the one-year or other applicable time period shall result in automatic expiration of the conditional use permit. Once a conditional use is established, any discontinuance of the use for a period of one (1) year, for any reason, shall result in automatic expiration of the conditional use permit, unless otherwise provided in the permit. The approval ofa a conditional use may or may not identify an initial term for the conditional use. Upon expiration oft the term, if the permit is sO limited, the conditional use permit shall automatically expire. B. Prior to expiration of the initial term or an extended term, the applicant may submit a request to the Administrator to extend the conditional use approval, which request shall specify the reasons why the use should be permitted to  34    continue. The approval shall be deemed extended until the Administrator or Planning Commission, as applicable, has acted upon the request for extension. The City shall be authorized to deny an extension or extend the approval and toi impose additional conditions, ifnecessary.  17.40.130  Revocation of Conditional Use Permit  A. Violations All stipulations submitted as part ofa conditional use permit and all conditions imposed by the Administrator or Planning Commission, as applicable, shall bei maintained in perpetuity with the conditional use. Ifat any time the stipulations or conditions are not met or have been found to have been altered in scope, application or design, the use shall be in violation B. Abatement Ifand when any conditional use is determined to be in violation oft the terms and conditions of approval, the Administrator shall notify the permit holder in writing and shall provide the permit holder with ai thirty (30) Revocation - Ift the violation of the conditional use continues after the thirty (30) day period specified in the written request for abatement ofthe violation, the Administrator shall schedule al hearing before the Planning Commission. Notice oft thel hearing shall be provided to the permit holder in accordance with Section 17.20.020 ofthis Chapter. Following aj proper hearing, thel Planning Commission shall issue a decision either revoking or D. Appeals Appeals oft the Planning Commission decision regarding revocation oft the conditional use permit may be brought by the permit holder according to the procedure established at Section 17.20.50. ofthis Chapter. Uses not specifically described in aj particular zone district may be considered a conditional use int that zone district ift the Administrator determines, in writing, that the proposed use is substantially similar to a use specifically described in  oft the conditional use.  day period in which to abate the violation.  sustaining the conditional use permit.  17.40.140  Uses Not] Itemized  that particular zone district. Schedule of Uses and Review Process  17.40.150  A. Uses  1. Permitted Uses "P" indicates uses which are permitted. 2. Conditional Uses "C" indicates uses which are allowed, subject to conditional use review. Thel Planning Commission shall conduct aj public hearing to determine whether the conditional use complies with all standards and requirements oft this chapter, pursuant to the limited impact 3. Not Permitted "N" indicated uses which are prohibited.  review process.  35    TABLE17-B Schedule ofUses  N=NotP Permitted P=Permitted C= Conditional Use Residential Uses Accessory buildings ands structures. Multiple principals structures Accessory dwelling units Duplexd dwelling units Townhome (2-4u units) Townhome (5- 19units) Townhome (20orr moreu units) Single-f family dwelling units industrialu use Recreational vehicles park Roomingo orb boardingh houses" Multi- family/Apartment Residential Business Uses Short-term rentals Day care, adult Day care, small Day care, larye Home occupations Home businesses Grouph homes Schools/Higherl Learing Churches, nonprofits, andn reliyiouse education buildins ParksRecreation) Facilities Nursing Homes Cemetery Public/nstitutionall Uses Buss Stations/Stops Churches, parish! homesa andr religious education buildings Clubs operatedbya andf fort theirr members Community buildings Group homes Hospitals Nursing homes Parks Public parkingf facilities Recreation facilities Commercial, Personal Service ando Office Uses Commerciall lodging Commercial parking! lotsa and parages Drive-in facilities Outdoor amusement establishment Eating andd drinking establishments Mixed-use Personal Services Professional oftices Campground Retail salesa andr rental establishments retail) Commercial General Services Automohiles sales. service andr repairs. Gasdline services stations andc carv washes Mobile! home, Cars sales, andn recreational vehicle: salesa and services Veterinary clinics Breweries, CraftE Beveraye, Distilleries coCreativel Industries Industrial Uses Lighti industrial Heavy industrial Communication: facility Storage yards Warehouses, enclosed storage andt truck terminals Wholesale businesses Bulk fuels storagef facilitiesa andy wholesales saleso offuels Junkyards, salvage yards ora automobile wreckings yards Notes: 'Thes standards referenced! hereina areina additiont toallo othera applicables standardso ofthisI Land Use Code. Providedt thats State Health Codes spacea ands sanitation requirements aremet. 'Ane existing dwellingo canb bem modified orr rebuilt asa amatter ofright.  R-la R-1 R-2 R-3 C-1 C-2 CS 1-1 Standards' P P P P P N N N C C P P P C C N C Sec. 17.40.190(c) C P P P N N N N N C N N N P C N N N P C P  P N N N N  - C N P N  Sec. 17.40.190(b)  P P C C N N  One orn mored dwelling units ont thes sames sitea asac commercial or N N N N C C C C  N N N N N N C N Sec. 17.40.190le) N N N C C C N N N N C P C C N N R-la R-1 R-2 R-3 C-I C-2 C-S I-1 Standards' P P P P P N N C C C C N C C C C C C N C C C P C C C C C C C P C N N P C C C N N C P  N Sec. 17.40.1 190(d) N Sec. 17.40.1 190(0) Sec. 17.40.1 190() N Sec. 17,.40.1 1900) Sec. 17.40.190(8) Sec. 17.40. 19014) N Sec. 17.40.1900)  C P C C N P P P P C N P P C C C C N N N N N N N N P P C C N P N N P N N P N N P P P P P  R-la R-1 R-2 R-3 C-1 C-2 C-S I-1 Standards' C C P C C N N N N N N C N N  Sec. 17.40.1906)  Goverment administrative facilities ande emerency services C C C P P C  C C C C C C N N N C P P N N N C N N N P P P N N N N C C C C C C N N C P P P C C C C N N N N N N N N P P P R-1 R-2 R-3 C-1 C-2 C-S I-1 I-2 Standards' N N N P N N N N P N P N N N P N P N N C C C P P P N N N P N C C P P R-1 R-2 R-3 C-1 C-2 C-S I-1 I-2 Standards' N N N P P P N N N C C C N N N C C C N N N P N N N C N N N N N C N N N N  N  R-la R-1 R-2 R-3 C-1 C-2 C-S 1-1 Standards'  P  N Sec. 17.40.15 190() Sec. 17.40.1 1901k) P Sec. 17,40.1900) N  Temporary commercial activities (foodt trucksor othern mobile N N N C P P  Sec. 17.40.190m)  N N  N  Usesr notli listeda aren notp permitted. NoCommercial Usesa allowedi ink R-lat that arer notl listed. NoR Residential uses allowedin! I-2t thata arer notl listed.  36    17.40.160  Nonconformities  A. Intent - Within the City there exist uses, structures and lots which were lawfully established pursuant to the zoning and building regulations in effect at thet time of their development which do not now conform to thej provisions oft this Chapter. Iti is the intent of the City toj permit these nonconformities to continue, but not1 to allow them to be enlarged or expanded, sO as to preserve the integrity of the zone districts and the other provisions ofthis Chapter. B. Continuation of nonconforming use - Uses ofai nonconforming building or structure may be continued subject to the following conditions: 1.Use ofar nonconforming building or structure shall not be expanded, altered, enlarged or relocated, except as permitted in Section 17.40.160(c) 2. Whenever ai nonconforming building or structure has been damaged by fire or other cause to the extent of more than fifty percent (50%)ofits market value, as determined by the. Administrator, it shall only be reconstructed in compliance with the provisions ofthis Chapter. 3. Nonconforming buildings may be repaired and maintained. 4. Ar nonconforming structure shall not be moved to another location unless its shall thereafter conform to1 the provisions ofthe zone district into which 1.A An nonconforming structure may be extended or altered in ai manner that 2. An extension to ai nonconforming structure may be permitted by the Administrator to comply with the provisions of the. Americans With Disabilities Act (ADA), provided that iti is demonstrated that the only way to comply with the Act would bet through an extension which increases the structure's nonconformity, and that the extension is the D. Discontinuation, damage or destruction A nonconforming building, premises, land, property or use shall be required to come into conformity with all applicable requirements oft this Code ifany of the following occur: 1.Thei nonconforming building, premises, land or property is vacated for a period of one (1): year or more, or the nonconforming use ceases fora 2. Except as otherwise specifically permitted by this Code, a noncontorming building, premises, land, property or use is enlarged, altered or expanded. 3. A nonconforming building, premises, land, property or use is changed toa 4. An nonconforming building, premises, land, or property is destroyed in any manner, or is damaged in any manner; except that, int the event of damage to the extent of sixty percent (60%) or less ofi its replacement value, the building, premises, land, property or use may be restored to its original condition, provided that such restoration shall be started within six (6) months and shall be completed within twenty-four (24) months of the event of said damage. This Paragraph shall not apply to any nonconforming building, premises, land or property, which is occupied as aresidence, or to any nonconforming use as a residence. 5. - An nonconforming building, premises, land or property which is occupied asai residence, or any nonconforming use as a residence, is destroyed in any manner, or is damaged in any manner; except that, in the event of  below.  itist moved.  C. Additions to nonconforming building or structure does noti increase its nonconformity.  minimum necessary to comply with the Act.  period of one (1): year or more.  conforming building, premises, land, property or use.  37    such damage or destruction, the building, premises, land, property or use may be restored to its original condition, provided that such restoration shall be started within six (6) months and shall be completed within eighteen (18) months oft the event ofsaid damage or destruction.  17.40.170  Nonconforming lots  A. A primary structure and customary accessory buildings and structures may be developed on al lot which is nonconforming as to minimum lot size or minimum lot frontage, provided that it can be located on thel lot sO that all other dimensional standards are met, or a variance from said dimensional standards is obtained pursuant to 17.40.180 below, and provided that the development complies with all other B. No lot that is conforming as to minimum lot size or minimum lot frontage may be reduced in size or subdivided in such a way that it creates a nonconforming lot, causes any structure or use to become nonconforming, or causes the nonconformity of any use to increase.  standards of1 this Chapter.  17.40.180  Zoning Variances  A. Purpose Variances are authorization to deviate from the literal terms ofthis Land Use Code that would not be contrary to the public interest in cases where thel literal enforcement of thej provisions oft this] Land Use Code would result in undue or unnecessary hardship. A variance shall not be granted solely because oft the presence of nonconformities ini the zone B. Process Variance requests shall bel heard at a public hearing noticed in accordance with section 17.20.020 oft thel Planning Commission. Applicants shall submit an application detailing the variance request, detail drawings, a narrative explaining how the variance meets the review criteria, and any other information deemed necessary by staff: fori thel Planning Commission to . Variances Authorized - Variances from the standards oft the underlying zone district shall be authorized only for maximum height, minimum floor area, maximum lot coverage, maximum lot size, minimum setbacks, and parking D. Administrative Variances Because the development ofi much of historic La Junta preceded. zoning, subdivision and construction regulations, many buildings within the older neighborhoods of the City do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character ofthe community, variances from underlying zoning requirements for side and front setbacks may be granted by the Administrator under the following 1. Existing Primary Structure The. Administrator may grant a variance from as setback requirement: for an addition to aj primary structure ifit continues the existing building line. The Administrator shall only consider allowing the encroachment into the setback ifit can be shown that maintenance of thel building addition can bej provided on the subject property and that itis 2. Traditional Neighborhood Setbacks- The. Administrator may grant a variance from a front setback requirement for a primary structure ifthe  district or adjoining districts.  render a decision.  requirements.  circumstances:  noti injurious to adjacent neighbors.  38    neighboring properties encroach into the front setback. The variance shall not permit the structure to encroach further into the front setback than the neighboring primary structures. The Administrator shall only consider allowing the encroachment into the setback ifit can be shown that such encroachments are the existing development pattern oft the block on which the subject property is located and that the encroachment would not be E. Use Variances Not Authorized- Establishment or expansion of a use otherwise prohibited in a zone district shall not be allowed by variance. Uses may only be amended in accordance with the procedures for zoning amendments or text amendments in accordance with Sections 17.20.30 and F. Required Showing for Variances- The applicant shall demonstrate the following toi thel Planning Commission before a variance may be authorized: 1. Special Circumstances Exist- There are special circumstances or conditions which are peculiar to the land or building for which the variance is sought that do not apply generally to land or buildings in the 2. Not Result of Applicant - The special circumstances and conditions have 3. Strict Application Deprives Reasonable Use The special circumstances and conditions are such that the strict application ofthej provisions oft this Chapter would deprive the applicant of reasonable use of the land or 4. Variance Necessary to Provide Reasonable Use The granting oft the variance is necessary toj provide the applicant ai reasonable use ofthe land 5. Minimum Variance The granting oft the variance is the minimum necessary toi make possible the reasonable use ofi the land or building; 6. Nol Injury tol Neighborhood - The granting oft the variance will not be injurious to the neighborhood surrounding thel land where the variance is proposed, and is otherwise not detrimental to thej public welfare or the 7. Consistency With Code The granting of the variance is consistent with the general purposes and intent oft this Land Use Code. 8. Authorization to Impose Conditions The Administrator, in approving an administrative variance, or the Commission, in approving the variance, may impose suchi restrictions and conditions on such approval, and the premises to be developed or used pursuant to such approval, as it determines are required toj prevent or minimize adverse effects from the proposed variance on other land in the neighborhood and on the general health, safety and welfare of the City. All conditions imposed upon any variance shall be set forth in the granting ofs such variance.  injurious to adjacent neighbors.  17.20.40.  neighborhood;  not resulted from any act oft the applicant;  building; orb building;  environment;  17.40.190  Review Standards Applicable to Particular Uses  A. Uses in Zone Districts- - Certain uses are important to the character and functions oft the City, but may not be appropriate in all circumstances within aj particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district. These uses also require additional standards by which their location, site plan, operating characteristics and intensity can be reviewed. Those uses which require such additional  39    standards are identified int the "Standards" column ofTable 17-B, Schedule ofUses. The standards for each of these uses follow below. 1. Scale- The entire site, including all proposed structures, shall be ofa scale that is compatible with the surrounding and nearby properties. Scale shall: mean the proportional relationship of the principal buildings to each other and to the neighborhood, including but not limited to height, mass, 2. Parking and Access Required parking shall be provided on the site for all buildings and uses on the: site. Access should be consolidated to reduce curb cuts and shall be provided through alleys where available. 3. Provision of Adequate Services Each principal structure shall have its owni municipal services, including water and sewer, in accordance with 1. Location An accessory dwelling unit may be located within or attached tot the primary dwelling unit, or may be detached from the primary dwelling unit if located in or above a garage or lawful accessory building. Only one (I)accessory dwelling unit is allowed per lot. 2. Square Footage An accessory dwelling unit shall not exceed nine hundred (900) square feet ofhabitable floor area. Habitable floor area means the total floor area contained within the inside walls ofas structure with at least 7.0' ofl headroom. Habitable floor area does not include unfinished attics, areas used for access such as stairs and covered porches, garage space used for the parking of cars or storage, unfinished basements and utility rooms less than 50 sq. ft. All other areas of an accessory dwelling unit shall count towards habitable floor area. 3. Parking There shall be one (1)a additional off-street parking space provided for the accessory dwelling unit. 4. Occupancy The accessory dwelling unit shall not be condominiumized or sold and shall not bei rented to visitors for periods ofl less than thirty (30) days. A maximum oftwo (2) related or unrelated people may inhabit 5. Alley Access All ADUS must have access to an alley or public right-of- 6. Utilities- Utility connections and meters for water, electric, gas, and sewer shall be determined by the City or the provider at its sole discretion. 1.All Vacation short-term rentals must have a business license filed with the City and collect and remit all applicable local and state taxes. 2. Owner or property manager must be able to respond to any neighbor 3. No short-term rental shall create undo neighborhood nuisances such as excessive noise, outdoor lighting, trash, or parking. E. Recreational Vehicle Park A recreational vehicle park shall comply with the standards of the underlying zone district, except as otherwise specified 1.1 Minimum Park Size A recreational vehicle park shall be developed and 2. Minimum Space Size Each recreational vehicle unit space shall contain as surfaced area ofnot less than ten (10) feet by thirty (30): feet. Surfacing  B. Multiple Principal Buildings  setbacks and orientation.  Chapter 13, Municipal Utilities. C. Accessory Dwelling Unit/Structure  an accessory dwelling unit.  way.  D. Vacation or Short-term rentals  complaints within 11 hour.  herein.  operated on as site of at least three (3) acres.  40    shall consist of asphalt, concrete or not less than four (4) inches of gravel, with edging required. A recreational vehicle shall be parked ini its 3. Minimum Setbacks for Recreational Vehicles The minimum setback requirements for all permanent structures and recreation vehicles shall be (a). Perimeter- A minimum off fifteen (15) feet from all boundaries oft the (b). Separation Recreational vehicles shall be separated from each other and from other structures by at least ten (10) feet. Any accessory structure such as attached awnings or carports for purposes oft this separation requirement shall be considered to bej part ofthe (a). Minimum standard A usable area amounting to notl less than ten percent (10%) ofthe gross area oft the park shall be designated and improved by the developer fori recreation use. The recreation area shall not include any area designated as ai roadway, unit space, parking area or storage area, and shall be conveniently located and free: from all natural hazards. The recreation area shall count toward the minimum landscape area standard oft the underlying zone district. (b). Assurançes As part of the application: for the recreational vehicle park, the developer shall submit assurances acceptable to the City that the recreation area willl be improved in at timely way sO as to be suitable for active recreation use in accordance with the approved plan and adequately maintained for as long as the park is in 5. Landscaping- - Landscaping shall be required for an area amounting to not less than fifteen percent (15%) of the gross area oft the park. The landscape area may include the recreation area and common landscape areas, and shall include al landscape area provided within the required perimeter setback to effectively screen or buffer the park from surrounding properties. The required landscape area shall comply with (a). Code compliance - Utility installations and connection taps shall be installed to comply with all state and local regulations and codes. Electrical installations shall comply with all state and local electrical (b). Underground - All utilities, except major power transmission lines, (c). Lighting Adequate lighting shall be provided in compliance with the requirements ofthe City's Public Works Department. 7.1 Fire Protection - Every recreational vehicle park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within thej park as prescribed by the Fire Marshal, with reference to the City's fire code. Fire hydrants shall bei installed to comply with City standards and fire codes. (a). Private Internal roadways and walkways within the recreational vehicle park shall be privately owned, built and maintained, and  entirety on the surfaced area.  as follows: park.  recreational vehicle. 4. Recreation Area  existence.  Article V ofthis Chapter. 6. Utilities Installation and Connection  codes.  shall be placed underground.  8. Roadways and Walkways  41    shall be designed for safe access to all spaces, parking areas, service (b). Entrance- The entrance to the recreational vehicle park shall be from a public road. The entrance shall not be located closer than onel hundred: fifty (150) feet to any public street intersection, shall be ai minimum ofthirty (30) feet in width, and shall be designed to comply with minimum American Association of State Highway and (a). Obstruction prohibited Noi recreational vehicle shall be parked sO that any part of such unit will obstruct any roadway or walkway in a (b). Locating on approved space No unit shall be occupied in aj park unless the unit is located on an approved unit space. 10. Dump Stations - Dump stations may be installed, in accordance with 11. Refuse and Garbage Every four (4) recreational vehicle spaces shall have provided one (1) container for trash and garbage and ai rack or holder at aj permanent location for the same. Trash and garbage containers shall be located within one hundred (100) feet of any unit 12. Service Building A service building shall bei installed in all recreational vehicle parks. The number and type ofi facilities required to be contained in the building shall meet the plumbing code. The service building shall also meet the following standards: (a). Private compartments - Each water closet, bath or shower shall be in aj private compartment and shall meet the requirements oft the (b). Sound-retardant wall A sound-retardant wall shall separate the toilet facilities for each sex when provided in a single building. (c). Utility sink A minimum of one (1) utility sink shall also be provided for disposal of liquid wastes and for clean-up and (d). Construction Thes service building shall be of permanent construction and bej provided with adequate light, heat and positive ventilation in shower and bathing areas. Interior construction of the service building shall use cleanable, moisture resistant materials on walls, ceilings and floors, and use slip-resistant (e). Openings screened All windows, doors or other openings shall be (). Plumbing All plumbing shall conform to the most recently adopted version ofthel building code and the local plumbing code. Hot and cold running water shall bej provided in the service (g). Telephones - At least two (2) public telephones shall be 1. Parking A Day care facility, small, large or adult, shall provide one (1) off-street parking space per nonresident employee. This space shall be provided in addition to any parking required for other uses of the property.  buildings and recreation areas.  Transportation Officials (AASHTO) standards.  9. Location ofUnit  park.  City specifications.  space they serve.  City's plumbing code.  maintenance oft the service building.  materials on floors. screened tol keep out insects.  building.  provided at the service building.  F. Day Care, Small, Large and Adult  42    2. Drop-oft/Pickup Area One (1) designated off-street drop-off/pick-up space shall be provided per each four( (4) children at a large day care facility and for every four (4) clients at an adult day care. The space shall be available during operating hours for loading and unloading of children 3. Outside Area (Fence) - The required play or recreation area shall not be 4. State Codes The day care: facility shall comply with all applicable state 5. Hours of Operation - The hours of operation for the day care may be restricted in residential neighborhoods to limit adverse impacts of noise 1. Use Subordinate The use ofa dwelling for al home occupation or home business shall be clearly incidental and subordinate to its use: for residential purposes and shall not change its basic residential character. The use shall not exceed thirty percent (30%) oft thet total structure's 2. Activity Conducted Indoors - All on-site activities associated with al home occupation or home business shall be conducted indoors. Materials and equipment used ini the home occupation or home business shall be stored (a). Home occupation Al home occupation shall be conducted only by persons residing on thej premises and no more than one (1)e employee (b). Home business A home business shall be conducted by persons residing on the premises and no more than three (3)employees 4. Patrons A home occupation shall not serve patrons on the premises. A home business may serve patrons on the premises, provided that all other 5. Parking - One (1) off-street parking space shall be required for each employee residing off-premises. These spaces shall be provided in addition to the parking required for the principal residential use ofthe 6. Sales- - Incidental sale of supplies or products associated with the home occupation or home business shalll be permitted on thej premises. A home occupation or home business whose primary activity is retail sales shall be prohibited, except if the function of thel home occupation or home business is catalogue sales. An appropriate sales tax license shall be obtained and maintained during the course of business. 7. Nuisance. A home occupation or home business shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic or parking demand, and shall: not operate at such hours or in such a manner as to create aj public nuisance, disturb neighbors or alter the residential character oft the premises. 8. Codes - The building shall comply with all applicable City building, fire and safety codes for the particular business.  orc clients. codes.  located in thej property's front yard.  and traffic on neighboring properties. G. ] Home Occupation and Home Business  square footage. ina al building. 3. Employment  residing off-premises. residing off-premises. standards ofthis Section are met.  property.  43    9. Advertising No outdoor advertising ofthel home occupation or home business shall bej permitted, except as provided in Article V ofthis 1.N Neighborhood Density- A group home shall notl be located closer than seven hundred fifty (750) feet to another group home. 2. Health and Safety Codes - The group home shall comply with all applicable local, state ori federal health, safety, fire and building codes. Churches, parish homes, nonprofits and religious education buildings. 1. Existing churches, parish homes, nonprofits, and: religious education buildings located in Commercial or industrial zone district as of May 1, 2023 shall be grandfathered and allowed to continue to operate. These uses maybe expanded provided they are contained within or are 2. No new churches, parish homes, nonprofits, and religious education buildings shall be established in commercially zoned districts that do not operate and are open during normal business hours a: minimum of5 days a week, that do not produce sales tax or add to the commercial vitally of1 the 1. Circulation - Drive-through lanes shall be separated from circulation lanes required to enter or exit thej property. Drive-through lanes shall be marked by striping, pavement markings or barriers. 2. Minimize Impacts - Drive-through lanes shall be designed and located to minimize impacts on adjoining properties, including screening or buffers to minimize noise impacts. A fence, wall or other opaque screen ofat least six (6) feet in height shall bej provided on all sides oft the site that are located adjacent to property that is zoned for or occupied by residential 1. Mixed-use buildings containing residential units must maintaina minimum of 25% of commercial use on the street facing ground floor. L. Temporary Commercial Uses and Activities (Food Trucks, Mobile. Retail). Temporary commercial uses and activities may be allowed only when: 1. Use. Allowed The commercial use itselfis allowed or is approved as a 2. Parking. Adequate parking is provided for the use, as determined by the 3. Health and Safety Codes The use complies with all applicable health and safety codes and aj permit for the use is obtained from the Building 4. Location - The use is situated such thati it does not block any required access or egress from the site and is not located on any required parking. 5. Public Parks The use: may be allowed inj public parks with permission from City Council. Council will be ablet to set parameters to thel location, hours of operation, or other conditions deemed necessary to protect the 1.FCC Compliant The owner/operator ofa a proposed facility shall document in writing that it complies, and will continue to comply, with current Federal Communications: Commission standards for cumulative  Chapter. H. Group Home  expanding on an immediately adject property.  underlying commercial zone district.  J. Drive-in Facility  uses. K. Mixed-use  conditional use int the zone district.  Administrator. Official.  City.  M. Communication Facilities  44    field measurements ofr radio frequency power densities and electromagnetic fields, and] Federal Communications Commission regulations prohibiting localized interference with the reception of 2. Maximum Height A proposed facility, including antennae, shall: not exceed the maximum structure height established for the zoning district in which the facility ist to be located. Building- or structure-mounted antennas shall extend no more than ten (10) feet above the highest point of thel building or structure to which they are attached. 3. Siting The siting ofap proposed facility must utilize existing or new land forms, vegetation, landscaping ands struçtures sO as to screen thei facility from surrounding properties and public rights-of-way to the maximum extent feasible, and/or blend the facility with its surrounding environment. 4. Compatibility  Facility design, materials, color and support structures, if any, shall be compatible with the surrounding environment, and monopole antennae and/or support structures shall bet tapered from base to tip to blend in with the environment in which they are located. 5. Accessories Any accessory equipment, shelters or components shall be grouped together as closely as possible and screened from view. 6. Mounted Facilities The maximum protrusion ofs such facilities from the building or structure to which they are attached shall be two (2) feet unless it can be shown by the applicant that it is not feasible to meet this 7. Financial Security - All permits for communication facilities shall be subject to al bond or other adequate financial security posted by the permittee and deposited with the City to ensure the disassembly and removal oft the facility upon the expiration of the facility. The bond or other security shall designate the City as beneficiary. Mobile Home Park. District (M-P) Design and Dimensional Standards A. Mobile Home Park New: mobile home parks shall comply with the standards of the underlying zone district, except as otherwise specified herein. This Section applies to new parks. Mobile home parks existing as of September 1, 1999 may maintain thej plan currently on file with the City Clerk. However, ifa any mobile home park existing at the time ofadoption alters its plan in any way, the new plan must comply with the provision of this Chapter. Additionally, replacement mobile homes shall méet the National Manufactured Home Construction and Safety Standards Act of 1974 (hereinafter referred to as "thel HUD Code.") (i) Replacement of Mobile Homes A mobile home withina nonconforming mobile home park may be replaced with another mobile home, even ift the dimensions of thei replacement: mobile home result in: an increase in the degree of nonconformity ofthe mobile home park with respect toi the minimum setbacks set forth in 1.1 Minimum Park Size The placement of two (2) or more: mobile homes on asi single lot of record constitutes the creation ofar mobile home park and 2. Maximum Density Thei maximum density in ai mobile home park shall  television and radio broadcasts.  criterion.  17.40.200  Paragraph 17.40.220(D)(4) below. shall meet the standards of this Section. bei twelve (12) mobile home units per gross acre.  45    3. Minimum Space Size- - The minimum space size ofa mobile home is provided below. Larger mobile homes may require larger minimum lot (a). Single-section unit- The minimum space size for a single-section or single-wide mobile home unit shall be three thousand three hundred (b). Multi-section unit The minimum space size foramulti-section or double-wide mobile home unit shall be four thousand (4,000) square (a). Perimeter- All permanent structures, mobile homes and accessory structures shall be set back a minimum ofi fifteen (15) feet from all (b). Front yard - The unit shall be a minimum oft ten (10) feet from the front lot line. Accessory structures are: not permitted in the front (c). Side spacing A minimum of fifteen (15) feet between units shall be provided. Accessory detached structures shall be set backa minimum of five (5) feet from any other structure. (d). Rear- The unit shall be ai minimum often (10) feet from the rear lot line. Accessory structures shall be set back ai minimum off five (5) (a). Minimum standard A usable area amounting to not less than ten percent (10%) of the gross area oft the park shall be designated and improved by the developer/owner for recreation use. The recreation area shall not include any area designated as a roadway, unit space or storage area and shall be conveniently located and free from all natural hazards. Thei recreation area shall count toward the minimum landscape area standard of1 the underlying zone district. The recreation area requirement may be waived by thel Planning Commission in the conditional use process ifiti is determined that sufficient public recreation facilities are available in the immediate (b). Assurances As part ofthe application for thei mobile home park, the developer shall submit assurances acceptable to the City that the recreation area will be improved in a timely manner so as tol be suitable for active recreation use: in accord with the approved plan and adequately maintained for as long as the park is in existence. (a). Connection required No mobile home shall be occupied within any mobile home park unless it meets all minimum setbacks and space size requirements and is connected to all utility services, including the City water system, aj public sewage disposal system and electrical lines. Utility connections shall be located ont the space served. (b). Code compliance Utility installations and connection taps shall be installed to comply with all state and local codes. Fire hydrants shall be installed to comply with City standards and fire codes. (c). Underground- All utilities, except major power transmission lines,  sizes.  twenty five (3,325) square feet.  feet.  4. Minimum Setbacks of] Each Unit Space  boundaries oft the mobile home park.  yard.  feet from any other structure.  5. Recreation Area  vicinity ofthe park.  6. Utilities Installation and Connection  shall bej placed underground.  46    7. Site Conditions All parks shall be drained, graded and surfaced as necessary to facilitate drainage and prevent erosion, and shall be free from depressions in which water collects and stagnates, other than approved on- 8.1 Parking There shall be ai minimum of one (1)o off-street parking space provided on each mobile home space. Guest parking shall also be provided in a common parking area, with one (1) guest space provided for (a). Private - Internal roadways and walkways within the mobile home park shall be privately owned, paved and maintained, and shall be designed for safe access to all mobile home spaçes and parking (b). Walkways Walkways of not less than three (3) feet in width shall be provided from unit spaces to all service buildings and recreation areas, and on at least one (1): side ofall roadways within the mobile (c). Entrance The entrance toi the mobile home park shall be from a public road. The entrance shall not be located closer than one hundred: fifty (150) feet to any public street intersection and shall be (a). Obstruction prohibited No mobile home shall bej parked sO that any part ofs such unit will obstruct any roadway or walkway in aj park. (b). Located on an approved space No unit shall be occupied in aj park unless the unit is located on an approved unit space. (a). Individual buildings required - Individual outdoor storage buildings shall be provided on each unit space for the personal use ofthe occupants of said space. Such storage buildings shall have a minimum floor space off fifty (50) square feet and shall be not less than six (6) feet in height. Space beneath the mobile homes shall not (b). Outdoor storage prohibited No outdoor storage, other than that accommodated in individual outdoor storage buildings or boats, trailers and vehicles where stored on separate and additional parking spaces, shall be allowed on mobile home spaces, except cut and 12. Skirting- All mobile home units shall be skirted with ai material which has been manufactured for skirting. Such skirting shall be inj place within ninety (90) days after the mobilel home is set on the mobile home space. Note: straw, hay, sawdust or other like material shall not be placed 13. Unit Space Numbering Each space in ai mobile home park shall have its space number displayed uniformly with reflective: numbers ofa a minimum A. Table 17-C, Schedule of Dimensional Standards, specifies the dimensional standards applicable to development in the City's residential and commercial, business and industrial zone districts. All residential and nonresidential  site retention facilities.  every four (4) mobile home spaces in the park.  9. Roadways and Walkways  areas.  home park.  aminimum ofthirty (30) feet in width.  10. Location ofUnit  11. Outdoor Storage  fulfill this requirement.  stacked firewood.  beneath or around the mobile home. height oft three (3) inches. Zone District Dimensional Standards  17.40.210  47    development shall meet these standards, unless other standards are specified foral use or by a zone district int this Land Use Code. 1.B Buildings Occupying More Than One (1)Lot- - Where a duplex, condominium or multi-family residential project has been resubdivided into more than one (1) lot, it shall be considered to be occupying one(1) lot for purposes of complying with district regulations such as lot coverage, minimum lot size, lot frontage and setbacks. For purposes of this Section, the boundaries oft the one (1) lot shall bei the outermost lot lines ofall lots occupied by the duplex, condominium or multi-family 2. Zero LotLine Conditions Where an individual owns two (2) or more adjoining lots, a zero lot line concept may be used as to the side yard setback for commercial or single-household dwelling unit developments. Inr residential districts, this may result in the creation ofa two-household residential structure, only in districts permitting such as structure. In all such cases, the minimum side yard setback shall be maintained adjacent to the exterior side, or nonzero lot line side, oft the structure. 3. Maximum Height for Public. and Institutional Uses The maximum height allowed for public and institutional uses in commercial zones as listed in Table 17-C shall be forty five (45') feet. For each foot ofl height above thirty-five (35) feet, the required side yard setback shall bei increased by one (1) foot. Public andi institutional structures which are constructed in accordance with the provisions oft this Chapter may be converted to private use, after which transfer they shall be considered legally nonconforming. The maximum height for public and institutional uses in residential zones as listed in Table 17-C shall remain thirty-five (35)  residential project.  feet.  48    TABLE 17-C R-la  Schedule of Dimensional Standards- - Residential  Dimensional Standard Min. lot size (sq. ft.) Density (Lots.f./Min. lot areaj per 1Unit dwelling unit) Min lot size (sq. ft.)- attached units Min. lot frontage  R-1  R-2  R-3  8,400 7,000 6,000 5,000 per lot 3,500 3,000 2,000  N/A 50 25' 5' 20' 5' 5' 15' 35' 25'  3,000 3,000 2,500  60' 30' 25' 5' 20' 5' 5' 15' 35' 25'  60' 30' 25' 5' 20' 5' 5' 15' 35' 25'  50' 25' 25' 5' 20' 5' 5' 15' 35' 25'  Min. lot frontage attached units N/A Min. setback front any building Min. setback from side lot line for aj primary bldg. Min. setback rear principal bldg. Min. setback from side lot line for a detached accessory bldg. Min. setback from rear lot line: accessory bldg. Corner lot side setback* Max. building height fora a primary bldg. Max. building height fora detached accessory bldg. Notes: triangle  Corner lots may reduce the side setback to 7 outside of clear sight ** A covered porch may encroach into the front yard setback by *** Eaves may encroach an additional 18" into setbacks.  twenty-five percent (25%).  49    Table 17-D C-S N/A 40% 50 15% 25' 10' 5' 15' 45'  Schedule of] Dimensional Standards - Commercial and Industrial  Dimensional Standard Min. lot size (sq. ft.) Density (Lot s.f./Min. lot areaj per dwelling unit) Max. Lot Coverage Min. lot frontage Min. Landscape Area Min. setback front any building Min. setback from side lot line fora 15' primary bldg. Min. setback rear principal bldg. Min. setback from side lot line fora 5' detached accessory bldg. Min. setback from rear lot line: accessory bldg. Corner lot side setback Max. building height for aj primary bldg. Max. building height for a detached 45' accessory bldg. Notes: shall be 10%.  C-1  C-2  I-1 N/A 50' 10% 25' 10' 10' 5' 5' 12'6" 45' 45'  I-2 N/A 80% 60' 5% 15' 15' 15' 5 10' 40' 45' 45'  8,000 5,000 N/A 5,000 8,000  2,500 N/A 60% 90%* 60% 60' 20% 25' 5' 10' 5' 5' 15' 45' 45'  N/A N/A N/A N/A N/A 5' 5' 15' 45' 45'  *I Ifa! property does not utilize the zero setback allowance, the minimum landscape area ** Ift thej property adjoins ai residential zone district, setbacks on the side and rear lot line *** Existing structures are not required to meet off-street parking requirements. New structures and additions shall meet off-street parking requirements.  shall bet the same as those in thei residential zone.  17.40.220  Rezoning  The City may, from time to time, amend the number, shape or boundaries of any zone district. Such an amendment to a zone district is known as rezoning. Rezoning applications are reviewed pursuant to the provisions of Section A. Initiation of Rezoning An amendment to the Zoning Map may be initiated by the City Council, the Planning Commission, the Administrator, or the owner ofthat real property subject tot the proposed rezoning. 1.2 Zone Districts The present zone district designation of thej property and 2. Survey Map An accurate survey map of the property proposed for amendment, stating the area of the property proposed tol be amended in 3. Existing Uses A description of existing uses on1 the property and on all  17.20.40 Zoning Amendment Review.  B. Application Contents  the zoning ofall adjacent properties. square feet or acres. adjacent properties.  50    4. Statement of] Intended Development A written statement by the applicant identifying the intended use or development oft the subject parcel and the timing of said development, describing the community need for the change in zoning, and explaining the effect the change in zoning would C.F Review Standards for Map Amendments An application for an amendment toi the Zoning Map shall comply with the following standards: 1. Consistency with Comprehensive Plan - The proposed amendment shall be consistent with the Comprehensive Plan. 2. Consistency with purpose of Zone District- Thej proposed amendment shall be consistent with thej purpose oft the zone district to which the property is to be designated. 3. Compatibility with Surrounding Zone Districts and' Uses The development permitted by thej proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character. 4. Changed Conditions or Errors The applicant shall demonstrate that conditions affecting the subject parcel or the surrounding neighborhood have changed, or that due to incorrect assumptions or conclusions about thej property, one (1) or more errors int the boundaries shown on the  have on surrounding uses.  Zoning Map have occurred.  17.40.230  PUD Modifications  A. No new. Planned Unit Developments (PUD) shall be permitted within the City Limits. All new development shall conform and be zoned into one of the B. Existing PUDs provisions previously authorized to be enforced by the City may be modified, removed or released by the City subject to the following: 1. No modification, removal or release of the provisions of the PUD Development Plan by the City shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those 2.1 No substantial modification removal or release oft the provisions ofa) PUD Development Plan by the City shall bej permitted except upon a finding by the City Council, following a public hearing upon notice as required by this Chapter, that the modification, removal or release is: (a). Consistent with the efficient development and preservation of the (b). Does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD or (c). Is not granted solely for a special benefit upon any person. C. Residents and owners of land int thel PUD, may to the extent and in the manner expressly authorized by the provisions ofthe PUD: Development Plan, modify, remove or release their rights to enforce the provisions oft the plan; but no such action shall affect the right of the City to enforce the D. An insubstantial modification to an approved PUD Development Plani may be authorized by the Administrator. However, insubstantial modifications may only be approved ifthey promote thet terms, purposes and conditions oft the original PUDI Development Plan and approval. The applicant shall: make a written request to the Administrator justifying the proposed modification and  City'sexisting zone districts.  provisions in law or in equity; and  entire PUD;  the public interest; and  provisions oft the plan.  51    clearly showing on the PUD: Development Plan and accompanying written narrative that portion which is proposed fori modification. A record ofs such approved insubstantial modification shall be filed and recorded int the same manner. as the original. The following shall NOT be considered an insubstantial modification: 1.A A change in land use or development concept. 2. Ani increasei ini residential density levels or building coverage of nonresidential uses. 3. Ani increase in the permitted height. 4. Ar realignment ofi major circulation patterns or a change in functional classification oft thes street network. 5. A reduction in approved open space or common amenities. 6. Other significant changes which involve policy questions or issues of overriding importance to the community. 4. During the review of any proposed substantial modification to the PUD, the City Council may require such new conditions of approval as are necessary to ensure that the development willl be compatible with the current community standards and regulations. This shall include, but not be limited to, applying the portions oft the PUD which have not obtained building permits, or are subject to the proposed amendment, any new community policies ori regulations which have been implemented since the PUD was originally approved. An applicant may withdraw: a proposed modification at any time during thei review process. A request for a substantial modification shall be accompanied by the same type and quality ofi information as was necessary: for the original PUD Development Plan approval and shall include ai map oft the entire PUD Development Plan area which clearly defines that portion which is proposed for modification and a written justification ofthe proposed modification, including a discussion of any changes ini impact which  would result from the modification.  52    CHAPTER 17.50 SIGNS  SECTIONS 17.50.010 17.50.020 17.50.030 17.50.040 17.50.050 17.50.060 17.50.070 17.50.080 17.50.090 17.50.100 17.50.110 17.50.120 17.50.010  Erected, Repaired or Suspended in Violation of Chapter Prohibited Fastening or Posting Handbills orl Posters Prohibited Permits - Required - Application - Fees District Regulations- - Generally District Regulations-R-la, R-1, R-2, R-3, and M-PI Regulations District Regulations- - C-S: and C-1 Regulations District Regulations- - C-21 District- - Signs District Regulations - C-2 District - Billboards District Regulations- - I-1 and I-21 Districts - Signs District Regulations- - I-1 and I-2 Districts - Billboards Removal of Signs from Vacant Buildings Required  Non-Conforming Signs  Erected, Repaired or Suspended in Violation of Chapter Prohibited Itis unlawful for any person to erect, move, alter, change, repair, place, suspend, or to cause or permit to be erected, moved, altered, changed, repaired, placed,  suspended or attached any signi in violation of this chapter. Fastening or Posting Handbills or Posters Prohibited  17.50.020  A. It is unlawful for any person or persons to fasten, paste, place, post, paint or attach in any way any sign, handbill, poster, advertisement or notice of any kind or sort, whether political or otherwise, or to cause the same to be done, in or upon any curbstone, lamppost, telephone, or electric light pole, tree or B. Iti is unlawful to paste, place, paint or attach any sign on any building, street or property of the City without first obtaining approval of the Governing Body; provided, however, that any property owner or the occupant of any property abutting on any public street in the City may paint or stamp the address of such property upon the curbing directly in front of the building or  bridge.  to. have same painted thereon.  17.50.030 Permits - Required - Application - Fees  A. A permit shall be required for the erection, construction or alteration of any B. Application for permits by other than the property owner shall be accompanied, in each instance, by either a letter authorizing the placement of a sign on the land or building, signed by the owner or his duly authorized agent, or accompanied by a lease showing the right of the applicant. Such application shall conform to the regulations provided in this chapter and no signboard shall be erected or painted on any area until the application is acted C. A fee in an amount determined by City Council shall be charged.  sign in the zoningj jurisdiction.  upon and granted.  53    D. Ifa sign, for which a permit is granted, is not erected within one hundred eighty (180) days from date of the permit, the permit shall, unless renewed, E. Advertising painted or placed on a structure shall be deemed subject to these regulations ifj permanent and over six square feet in area. F. All signs shall be constructed, located and plaçed in accordance with local ordinances and resolutions and the laws oft the state. G. Permits are issued for the life of the sign sO long as iti is kept in good condition, and changing conditions do not make it a hazard or undesirable to adjoining property owners. In such case, the City may  become void.  direct its removal. District Regulations - Generally 17.50.050 through 17.50.100.  17.50.040  A. Signs shall be permitted in the various districts as set forth in Sections  17.50.050  District Regulations R-la, R-1,1 R-2, R-3, and M-P districts.  A. Sign regulations for R-la, R-1, R-2, R-3, AND M-P districts shall be as 1. Un-illuminated nameplates are subject to the following restrictions (a) Thei nameplate shall be not exceed three square feet in area. (b) The nameplate shall show only the name and/or address of the (c) There shall bei no more than one nameplate for each dwelling unit. (d) The nameplate shall be affixed to the principal building, flat against 2. Un-illuminated "FOR SALE" and "FOR RENT" single-faced or double- faced business signs shall be subject to the following regulations (a) Only one sign shall be permitted per lot. (b) No sign shall exceed four square: feet in area. (c) Signs shall be located no closer than five feet from any property line and shall not obstruct the view of traffic approaching a street (d) When said sign is affixed to a building, it shall not project higher (e) Ground signs shall not project higher than four feet above the ground 3. Bulletin boards and signs for churches and other public institutions are (a) One sign or bulletin board shall be permitted on each street side if (b) If sign or bulletin board is illuminated, the lights shall be directed (c) No sign or bulletin board shall exceed thirty two square feet in area. (d) No sign shall be located closer than eight feet from any side or rear (e) A sign or bulletin board located int the front yard shall be no closert to (f) A sign or bulletin board, affixed to a building, shall not project  follows.  occupant. the wall.  intersection. level.  than teni feet above the ground level.  subject to the following regulations.  located on the same site as the principal building. away from adjoining residential uses.  property line.  the street than one-halfthe1 required front yard. higher than ten feet above the ground level.  54    (g) Ground signs shall be permanently anchored to the ground and shall not exceed al height ofs six feet above the normal grade. (h) Buildings constructed on the property line prior to the adoption of this title shall be allowed one dentification sign providing the sign is ai flat wall sign and permanently attached tot the building. On corner lots, no sign shall be constructed or placed in such a manner: as materially toi impede the clear sight triangle.  17.50.060  District Regulations - C-S and C-1 Districts  A. Sign regulations for C-S and C-1 districts shall be as follows. Business signs (single-faced or double-faced) shall be allowed in C-S and C-1 districts subject to sign regulations set forth int the building code. 1. Flashing signs are: not permitted in C-S and C-1 districts. 2. Non-flashing signs shall be permitted providing the sign is illuminated only during business hours or until eleven p.m., whichever is later, when the sign is located adjacent to ai residential district; providing, that where the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential building, or into any residential district or into any street. Clocks and/or thermometers installed for public convenience and information are exempt from the time 3. Lighted signs in direct vision ofa a traffic signal shall not be in red, green 4. The gross surface area, in square feet, on one side of any business sign on a lot shall not exceed three times the lineal feet of frontage of the building; each side ofa lot which abuts upon a street shall be considered as separate frontage, and the gross surface area of all signs located on each side ofa structure shall not exceed three times the lineal feet in the separate frontage. The total surface area shall not exceed four hundred square feet for each façe of the sign. Individual letters, with no background, shall be measured by the minimum rectangular area necessary to ençompass such letter or by a combination of rectangles as are: necessary to encompass letters of irregular dimensions. 5. No sign shall project over any street or alley right-of-way line except in accordance with Section 403 oft the Uniform Sign Code. 6. Any sign located within three feet of a driveway or parking area or within fifty feet of the intersection of two or more streets shall have its lowest elevation at least ten feet above curb level. 7. In a unified shopping area in a single ownership or control, one additional sign may be erected to the building wall. The sign may be free standing or attached to the shopping center. The sign shall not exceed thirty feet in height and fifteen feet in width and its bottom edge 8. Signs within fifty feet of a residential district shall be affixed to or be a 9. AI maximum of two signs (only one on a facade) shall be allowed for a 10. No sign shall be permitted in or overhanging the road, street or alley right-of-way and no sign shall be located in a manner to constitute a  limitations. or amber illuminations.  shall be at least ten feet above the ground level.  part of the building.  business or profession conducted on the premises.  traffic hazard.  55    11. Sandwich board signs may be allowed providing the sign is permanently 12. Temporary business signs may bej permitted subject to the following; (a) Only one (1) such sign shall bej permitted per location. (b) Temporary signs shall not exceed forty-five (45) square feet of (c) No temporary sign, except upon approval of the Governing Body, shall extend over into any street, alley, sidewalk or other public thoroughfare nor shall it obstruct any wall opening. (d) All temporary signs shall be secure to prevent movement or overturning in a manner approved by thel Building Official. (e) All electrical cords to such signs shall be located sO as not to expose them to physical damage. No such electriçal cord shall bel laid upon any sidewalk, driveway, or parking lot without protective conduit approved by the Building Official. All such wiring shall be subject (f) Temporary signs shall not exceed six (6) feet in height and shall be sO located sO as to avoid creating a line-of-sight or other traffic-  affixed to the surface on which: its rests.  surface area.  to the electrical code oft the City. related obstruction.  17.50.070  District Regulations - C-21 District- Signs A. Sign regulations for the C-2 district shall be as follows.  1. Where buildings or structures are established or are. hereafter established on the property line, in C-2 district, advertising and business signs shall conform with the following requirements, providing they are constructed and maintained in accordance with thel building code oft the City. (a) The advertising or business sign shall be affixed flat against the face of the building or the front edge of a marquee. The front edge of the marquee shall be considered that portion of the marquee which is parallel to the street. Extended signs may be permitted in the C-2 district when approved by the Building (b) Where a sign is illuminated by light directed upon it, the direct rays of light shall not beam upon any part of any existing (c) Lighted signs in direct vision of traffic shall not be in red, green (d) Flashing signs shall be allowed only upon approval of the Building Official, providing it is first determined that the sign will in no way create a traffic hazard or confusion with traffic (e) The gross surface area, in square feet, on one side ofany sign of an advertising or business sign shall not exceed three times the lineal feet of separate frontage of the lot occupied by the building. Each side oft the lot which abuts upon a street shall be considered as a separate frontage, and the gross surface area of all signs located on each side ofal building shall not exceed three times the lineal feet in the separate frontage. The total surface area shall not exceed four hundred square feet for each face of the sign. Individual letters, with no background, shall be measured by the minimum rectangular area necessary to  Inspector. residential district. or amber illuminations.  lights or with lights on emergency vehicles.  56    encompass such letter or by a combination of rectangles as are necessary to encompass letters ofi irregular dimensions. Any sign located within three feet ofa driveway or parking area or within fifty feet oft the intersection oftwo or more streets shall have the lowest elevations atl least ten feet above the curb level. (g) Where signs are affixed to canopies and marquees, the canopy or marquee shall be constructed and maintained in accordance with (h) Temporary business signs may be permitted subject to the  the building code oft the City. requirements of1 17.50.060, paragraph 12.  17.50.080  District Regulations- - C-2 District- - Billboards tot thei following conditions. ori in control ofthe billboard. location and construction.  A. Billboards are permitted in the C-2 central business district if they conform 1. The owner shall agree, at the time ofi issuance oft the permit, to place and maintain on such billboard the name oft the person owning, in charge of 2. No billboard shall be erected, altered, constructed, reconstructed or moved until an application and plans have been filed with the Building Official and shall have been approved by the Building Official as to size, 3. Billboards shall not exceed thirty feet inl height aboveground. 4. The owner, lessee and manager of such billboard and the owner of the sign shall maintain and keep the ground area around the sign clean, sanitary, in-offensive and free and clean of weeds and noxious 5. Plans for billboards in the fire limits shall be referred to the fire chief for 6. No billboard shall exceed one thousand square feet in single face area; provided, that when said billboard is erected closer than one hundred fifty feet from another billboard, neither billboard shall exceed five 7. Iti is unlawful to construct or maintain, or cause to be constructed or maintained, any billboard in such ai manner as to: (a) Obstruct the view of street crossings or railroad crossings. (b) Be unable to stand aj pressure of at least thirty pounds per square foot (c) Be dangerous to thej public by falling or blowing down. (d) Increase the danger ofl loss by fire or to increase fire insurance rates. (e) Approach nearer than five feet to any building, unless attached to the 8. Billboards hereafter erected, constructed, re-constructed, altered or moved in the City shall be constructed in such a manner and of such material that they 9. Billboards supported by the ground shall have all posts seti in concrete. District Regulations -I I-1 and I-2 Districts - Signs A. Sign regulations for I-1 and I-2 districts shall be as follows:  substances.  review and recommendation.  hundred square feet.  ofadvertising surface.  building.  shall be safe and substantial.  17.50.090  1. Advertising and business signs (single-faced or double-faced) shall be allowed in I-1 and I-2 industrial districts subject to the following  57    regulations and subject to construction standards set forth in the building 2. Flashing signs shall be permitted only upon approval of the Building Official providing it is first determined that the location and colors will ini no way create a1 traffic hazard or confusion with traffic lights and with lights on emergency vehicles and that the direct rays of the sign will not 3. Non-flashing signs shall be permitted, providing that where the sign is illuminated by al light or lights reflected upon it, direct rays of lights shall not beam upon any residential building, or into any residential district or 4. Lighted signs in direct vision ofat traffic signal shall not be in red, green 5. The gross surface area, in square feet on one side ofa any business on: a lot shall not exceed three times the lineal feet of frontage of the lots. Each side of a lot which abuts upon a street shall be considered as a separate frontage, and the gross surface area of all signs located on each side ofa lot shall not exceed three times the lineal feet in the separate frontage. Individual letters, with no background, shall be measured by the minimum rectangular area necessary to encompass such letter or by a combination of rectangles as are necessary to encompass letters of 6. Any sign located within three feet of a driveway or parking area or with fifty feet of the intersection of two or more streets shall have its lowest 7. Signs within fifty feet of a residential district shall be affixed to or be 8. Ar maximum of two signs (only one on a façade) shall be allowed for a 9. No sign shall project over any alley, road, street or highway right-of-way except in accordance with Section 403 ofthe Uniform Sign Code. 10. Sandwich signs may be allowed providing the sign is permanently 11. Temporary business signs may be permitted subject to the requirements  code or other regulations oft the City.  be directed into any residential building.  into any street. ora amber illumination.  irregular dimensions.  elevation at least ten feet above curb level.  part of the building.  business or profession conducted on thej premises.  affixed tot the surface on which it rests. of17.50.060, paragraph 12.  17.50.100  District Regulations I-1 and I-2 Districts - Billboards  A. Billboards will be permitted in I-1 and I-2 industrial district if they conform 1. The owner shall agree, at the time ofi issuance oft thej permit, to place and maintain on such billboard the name of the person owning, in charge of 2. No billboard shall be erected, altered, constructed, re-constructed or moved until an application and plans shall have been filed with the Building Official and shall have been approved by the Building Official 3. Billboards shall not exceed thirty feet in height aboveground. 4. The owner, lessee and manager of such billboard and the owner of the sign shall maintain and keep the ground area around the sign clean, sanitary, in-offensive and free and clean of weeds and noxious  to1 the following provisions: or in control oft the billboard.  ast to size, location and construction.  substances.  58    5. No billboard shall project beyond the front, side or rear building line established for the district as set forth in the zoning ordinance codified in 6. No billboard shall exceed one thousand square feet in area on a single face; provided, that when said billboard is erected closer than one hundred fifty feet from another billboard, neither billboard shall exceed 7. Itis unlawful to construct or maintain, or cause to be constructed or maintained, any billboard in such a manner as to; a. Obstruct the view ofs street crossings or railroad crossings. b. Bel unable to stand aj pressure of at least thirty pounds per square foot C. Be dangerous to thej public by falling or blowing down. d. Approach nearer than five feet from any building, unless attached to 8. Billboards hereafter erected, constructed, re-constructed, altered or moved in the City shall be constructed in such a manner and of such 9. Billboards supported by the ground shall have all posts set in concrete. A. The lawful use of land for advertising, business signs or bulletin boards which are not installed or maintained in accordance with this chapter or the district zoning regulations and the other City, County, State and Federal requirements pertaining to construction, location and size shall be removed or converted to conform with this chapter and other City, County, State and Federal regulations within five years after the passing of these regulations. B. Ifa sign is determined to be non-conforming, a property owner may apply for a variance to the sign regulations in accordance with 17.40.180 Zoning  this title.  five hundred square feet.  ofadvertising surface. the building.  material that they shall be safe and substantial.  17.50.110  Non-Conforming Signs  Variances.  17.50.120  Removal of Signs from Vacant Buildings Required  A. Signs located on vacant buildings shall be removed by the property owner or his authorized agent within fifteen days after the premises are vacated.  59    60    CHAPTER17.60 PARKING REGULATIONS LSPACE REQUIREMENTS  SECTIONS 17.60.010 17.60.020 17.60.030 17.60.040 17.60.050 17.60.060 17.60.070 17.60.080 17.60.090 17.60.100 17.60.110 17.60.120 17.60.130 17.60.140 17.60.150 17.60.160 17.60.170 17.60.180 17.60.190 17.60.200 17.60.210 17.60.220 17.60.230 17.60.240 17.60.250 17.60.260 17.60.270 17.60.280 17.60.290 17.60.300 17.60.310 17.60.320 17.60.330 17.60.340 17.60.350 17.60.360 17.60.370 17.60.380 17.60.390 17.60.400 17.60.410 17.60.420 17.60.430 17.60.440 61  Generally Mobile. Homes Multiple-Family Dwelling Units Home Occupations Schools  Single-Family and Two-Family Dwellings, Manufactured and  Churches and other) Places of Public Assembly Dormitory, Fraternity or Sorority House Business and Professional Offices Eating Establishments Medical, Mental, Dental or Health Clinics Motels and Bed & Breakfast: Inns Personal Service Establishments General Retail Stores and Shops Retail, Furniture, Appliance or Building Material Supply Mobile Home Park and Recreational Vehicle Parks Automobile Service or. Repair Automobile Sales Banks, Savings and Loans, and Credit Unions Bar, Tavern, and Nightclubs Car Wash Lumberyard and Nursery Mortuary and Funeral Homes Manufacturing Warehouse Amusement Park Arcade, Game Room Bowling. Alley Pool Hall Golf Course Miniature Golf Theater Daycare Center, Pre-School Library GolfDriving Ranges Race' Track Shooting Ranges Skating Rink Athletic Complexes Health Clubs Industrial Uses  Hospitals, Nursing Homes, Boardinghouses and Lodging Houses  Auditorium, Assembly Hall, and Other Places of Public. Assembly  Tennis, Handball, or Racquetball Facilities Changei in Building or Use - Mixed Uses    I. ADDITIONAL REGULATIONS Location ofOff-Street Parking Lots Plans and Approval Required Construction Requirements Performance Traffic Regulations Generally  SECTIONS 17.60.450 17.60.460 17.60.470 17.60.480 17.60.490 17.60.010  IS SFACEREQUIREMENIS  A. Whenever a structure is erected, converted or structurally altered and where required by this title there shall bej provided off-street parking space as set forth in Sections 17.60.0201 through 17.60.160. Except for rehabilitation or change of use for structures located in the C-2 business district shall notl be  subject to these parking regulations.  17.60.020 Single-Family and' Two-Family Dwellings, Manufactured Homes and Mobile  Homes  A. For single-family and two-family dwellings, manufactured homes and mobile homes, one off-street parking space shall be provided  for each dwelling unit. Multiple-Family Dwelling Units bej provided in the side or rear yard.  17.60.030  A. For multiple-family dwelling units, one off-street parking space per unit shall  17.60.040  Home Occupations  A. Forhome occupations, one off-street parking spaces shall be provided in the side, front, or rear yard for home occupations. These shall be in addition to  those required for dwelling purposes.  17.60.050 Schools  A. Schools shall provide off-street parking spaces as follows; Elementary School -21 parking spaces for each classroom Junior High School -21 parking spaces for each classroom High School -1 parking spaces for each 4 seats  College - 1 parking space for each 2 faculty members plus 1 parking space  for each 6 students  17.60.060  Churches and Other Places ofl Public Assembly the main assembly room or sanctuary. for each 150 square feet.  A. For churches and other places of public assembly, one off-street parking space shall bej provided for each five seats, based on maximum seating capacity of 1. Ifnoi fixed streets, one off-street parking space shall be provided Hospitals, Nursing Homes, Boardinghouses: and Lodging Houses A. For boardinghouses and lodging houses, one off-street parking space shall be  17.60.070  required for each 3 sleeping units.  62    B. For hospitals and nursing homes, one off-street parking space shall be provided for every 3 beds, plus 1 parking space for each 2 employees anticipated to be employed on the largest shift, plus 1 parking space for each staff physician on the largest shift. A. For dormitory, fraternity or sorority house or other similar use or establishment, one off-street parking space shall be provided for each three  17.60.080 Dormitory, Fraternity or Sorority House  sleeping accommodations provided.  17.60.090 Business and Professional Offices  A. For business and professional offices, one off-street parking space shall be  provided for each 400 square feet of gross floor area.  17.60.100  Eating Establishments  A. For eating establishments, one off-street parking space: for each 200 square Medical, Mental, Dental Health Clinics, Veterinary Clinics, Emergency A. One off-street parking space shall be provided for each 200 square feet of  feet of gross floor area of the dining area. Clinics and Health Related Offices gross floor area.  17.60.110  17.60.120 Motels and Bed & Breakfast Inns 17.60.130 Personal Service Establishments  A. Fori motels and Bed & Breakfast Inns, one off-street parking space for each living or sleeping unit, plus 2 additional spaces for the owners or managers. A. For personal service establishments, one off-street parking space for each 50  square feet of gross floor area.  17.60.140 General Retail Stores and Shops  A. For retail stores and shops, one off-street parking space shall be required for each 300 hundred square feet of gross floor area.  17.60.150 Retail, Furniture, Appliance or Building Material Supply  A. For retail, furniture, appliance or building material supply, one off-street parking space shall be provided for each 6001 hundred square feet of gross  floor area.  17.60.160 Mobile Home Park: and Recreational Vehicle Parks  A. For mobile home park and recreational vehicle parks, one off-street parking space shall be provided for each mobile home space or recreational A. For automobile service or repair, one off-street parking space shall be provided for each 2001 hundred square feet of gross floor area.  vehicle space.  17.60.170 Automobile Service or Repair  17.60.180 Automobile Sales  63    A. For automobile. sales, one off-street parking space shall be provided for each  4001 hundred square feet of gross floor area.  17.60.190 Banks, Savings and Loans, and Credit Unions  A. For banks, savings and loans, and credit unions, one off-street parking space shall be provided for each 350 hundred square feet of gross floor area. A. For bar, tavern and nightclubs, one off-street parking space shall be provided  17.60.200  Bar, Tavern, and Nightclubs  for each 100 hundred square feet of gross floor area.  17.60.210 Car Wash  A. For car wash, one off-street parking space shall bej provided for each bay or  stall.  17.60.220 Lumberyard and Nursery  A. For lumberyards and nurseries, one off-street parking space shall be provided for each 600 hundred square feet of gross floor area, plus one off-street parking space for each 1,000 square feet of outdoor area devoted to display  and storage.  17.60.230 Mortuary and Funeral Homes  A. For mortuary and funeral homes, one off-street parking space shall be provided for each 4 seats in the main assembly room.  17.60.240  Manufacturing Warehouse  A. For manufacturing, one off-street parking space shall be provided for each  1,000 square feet of gross floor area. square feet of gross floor area.  17.60.250  A. For warehouses, one off-street parking space shall be provided for each 1,000  17.60.260  Amusement Park acre.  A. For amusement parks, 30 off-street parking spaces shall be provided for each  17.60.270 Arcade, Game Room  A. For arcades and game rooms, one off-street parking space shall be provided  for each 300 hundred square feet of gross floor area.  17.60.280 Bowling. Alley  A. For bowling alleys, there shall be 4 off-street parking spaces provided for  each lane.  17.60.290 Pool Hall  64    A. For pool halls, there shall be 2 off-street parking spaces provided for each  table.  17.60.300 Golf Course  A. For golfcourses, there shall be 4 off-street parking spaces provided for each  hole.  17.60.310 Miniature Golf  A. For miniature golf, there shall be one off-street parking space provided for  each hole.  17.60.320 Auditorium, Assembly Hall, and Other Places ofPublic. Assembly  A. For auditorium, assembly halls, and other places of public assembly, one off- street parking space shall bej provided for each 5 seats, ori ifi no fixed seats, one off-street parking space shall be provided for each 150 square feet. A. For theaters, there shall be one off-street parking space provided for each 4  17.60.330 Theater  seats.  17.60.340 Daycare Center, Pre-School  A. For daycare centers and pre-schools, one off-street parking space shall  bej provided for each 400 square feet of gross floor area.  17.60.350 Library  A. For libraries, there shall be one off-street parking spaces provided for each  1,000 square feet of gross floor area.  17.60.360 GolfD Driving Ranges  A. For golf driving ranges, there shall be one off-street parking space provided  for each tee.  17.60.370 Race Track  A. For race tracks, there shall be one off-street parking space provided for each 4 A. For shooting ranges, there shall be one off-street parking space provided for  seats.  17.60.380 Shooting Ranges 17.60.390 Skating Rink  each firing lane.  A. For skating rinks, there shall be one off-street parking space provided for  each 150 square feet of gross floor area.  17.60.400 Athletic Complexes  65    A. For athletic complexes, there shall be one off-street parking space for each 4 A. For tennis, handball, or racquetball facilities, there shall be 3 off-street  seats.  17.60.410  Tennis, Handball, or. Racquetball Facilities parking spaces provided for each court.  17.60.420  Health Clubs  A. For health clubs, there shall be one off-street parking space for each 150  square feet ofgross floor area.  17.60.430  Industrial Uses  A. Fori industrial uses permitted in I-1 and I-2 districts, one off-street parking  space: for each 1,000 square feet of gross floor area. Change in Building or Use - Mixed Uses  17.60.440  Whenever a building or use constructed or established in any district after the effective date oft the ordinance codified in this titlei is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for an increase of1 tenj percent or more ini the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of the ordinance codified in this title is enlarged to the extent off fifty percent or more in floor area or int the area used, the building or use shall then and thereafter comply with the A. Ini the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed  parking requirements set forth int this chapter.  separately.  II. ADDITIONALREGULATIONS  17.60.450  Location of Off-Street Parking Lots  Off-street parking lots for single-family or multiple-family dwellings, home occupations, schools, churches and similar places of public assembly, hospitals, nursing homes, boardinghouses, lodging houses, dormitories, fraternity or sorority houses shall be located in the side or rear yard. A. Off-street parking spaces for uses permitted in C-S, C-1, C-2, I-1 and I-2 districts shall be located back of the required front yard line and shall be within 300 feet oft the building they serve.  17.60.460  Plans and Approval Required  A. Plans for off-street parking lots, other than single-family dwellings, shall be prepared and submitted to the building official for review and approval prior toi issuance ofal building permit. Before approving any parking layout, the building official shall satisfy himselft that the spaces provided are usable and  meet standard design criteria. Construction Requirements  B. All required off-street parking spaces shall be clearly marked.  17.60.470 66    A. Parking lots for other than single-family dwellings shall be surfaced with  asphalt, concrete or similar dust-free surface.  17.60.480  Performance  A. Inl lieu of construction oft the required parking lot, the Governing Body of the City may accept a corporate surety bond, cashiers' check, escrow account or other like security in an amount to bei fixed by the Governing Body and conditioned upon the actual completion of such work or improvement, within as specified time, and the Governing Body may enforce such bond by all  equitable means. Traffic. Regulations by the Governing Body.  17.60.490  A. Plans for the erection or structural alteration of any business use dependent upon vehicles entering onto the business site or parking lot shall be approved B. The Governing Body may require such changes therein in relation to yards, location of curb cuts, width of drives, location of signs and accessory uses and buildings and construction oft buildings as it may deem best suited to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.  67    68    CHAPTER17.70  LOADING AND UNLOADING REGULATIONS  SECTIONS 17.70.010 17.70.020 17.70.030 17.70.010  Space Requirements Plans and. Approval Required Performance Space Requirements  A. Loading and unloading spaces shall be provided off-street and on the premises and in the side or rear yard for industrial zones involving receipt or distribution of materials or merchandise by motor vehicle or rail. All loading and unloading operations shall be sO located as to avoid undue interference with public use of streets, alleys and walkways. Such space shall be scaled to delivery vehicles expected to be used and shall be accessible to such vehicles when required off-street parking spaces are: filled. B. The number ofs spaces shall bej provided as follows: Number of Spaces Gross Floor Area in Square Feet  1 2 3 4 5 6  3,000 to 20,000 20,000 to 40,000 40,0001 to 60,000 60,0001 to 80,000 80,0001 to 100,000 100,000 to 150,000  One additional space shall be provided for each fifty thousand square feet  above one hundred fifty thousand square feet.  17.70.020  Plans and Approval Required  A. Plans showing the layout and design of all required loading and unloading areas shall be submitted and approved by the Building Official prior to B. Before approving the layout, the Building Official shall satisfy that all spaces provided are usable and meet standard design criteria and that the complete  issuance ofal building or zoning permit.  loading and unloading operation is performed off-street.  17.70.030  Performance  A. Inl lieu of actual construction of the required off-street loading and unloading area, the Governing Body may accept a corporate surety bond, cashier's check, escrow account or other like security in an amount fixed by the Governing Body and conditioned upon actual construction of such work or improvement, within a specified time, and the Governing Body may enforce  such bond by all equitable means.  69    70    CHAPTER 17.80  ADDITIONAL HEIGHT, AREA AND USE REGULATIONS Qualifications and Supplementations to District Regulations Additional Height for Certain Public Districts Height Regulation for Chimneys, Towers and Steeples Accessory Buildings. - Proximity to Main Buildings  SECTIONS 17.80.010 17.80.020 17.80.030 17.80.040 17.80.050 17.80.060 17.80.070 17.80.080 17.80.090 17.80.100 17.80.110 17.80.120 17.80.130 17.80.140 17.80.150 17.80.160 17.80.170 17.80.180 17.80.190 17.80.200 17.80.210 17.80.220 17.80.230 17.80.240 17.80.250 17.80.010  Accessory Buildings Construction Prohibited Before Commencement of Regulations for Fire Escapes, Outside Stairways and Chimney and Flue Side Yard Regulations for Two-Family or Multiple-Family Dwelling Temporary Buildings and Temporary Signs During Construction Conformance to Yard and Space Requirements with Multiple Principal Dwelling Units Erected Above Commercial or. Industrial Structures  Construction ofl Main Building Determination of Setback Line  Projections Uses Radio and' Television Towers Fences Building Setback Lines Lots of Record Canopy and Marquee Number of Structures on al Lot Temporary Uses: Permitted; Applications; Conditions Wind Energy Conversion Systems (WECS) Attached Single Family Dwellings, Townhouses and Condominiums Conversion of a Two-family or Multiple-family Structure to Individually  Owned Units Landscaping Requirements Gas Pump Canopies Storm Shelters  Required Screening for Business-Industrial Use  Qualifications and Supplementations to District Regulations A. The regulations set forth in these sections qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title.  17.80.020 Additional Height for Certain Public Buildings  A. In districts where public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one foot of additional height will be permitted for each one foot of additional building setback provided up to  forty five feet.  17.80.030  Height Regulation for Chimneys, Towers and Steeples  A. Chimneys, cooling towers, elevator headhouses, firei towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers  71    or necessary mechanical appurtenances, which do not conflict with airport approach zones, may be erected to a height not to exceed one hundred fifly  feet.  17.80.040  Accessory Building - Proximity to Main Building  A. Accessory buildings may be built in ai rear yard, but such accessory building shall not be nearer than the main building to any side lot line, except that when a detached garage is entered from an alley it shall not be closer than 5 Accessory Buildings Construction Prohibited before Commencement of A. No accessory building shall be constructed upon a lot until the construction  feet from the alley line. Construction of] Main Building  17.80.050  oftl the main building has been actually commenced.  17.80.060  Determination of Setback Line (porches and stoops included).  A. The setback line shall be determined by measuring the horizontal distance from the property line to nearest architectural projection of the building Regulations for Fire Escapes, Outside Stairways and Chimney and Flue A. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Official are sO a. For the purpose oft the side yard regulations, a two-family dwelling, ora multiple-family dwelling shall be considered as one building occupying one Temporary Buildings and Temporary Signs during Construction A. Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion oft the construction. Conformance to Yard and Space Requirements with Multiple Principal Uses A. Where a lot or tract is used for a non-residential purpose, more than one principal use may be located upon the lot or tract but only when the building or buildings conform to all yard and open space requirements for the district Dwelling Units Erected Above Commercial or Industrial Structures A. No side yards are required where dwelling units are erected above A. Radio and television towers shall be permitted in any commercial or industrial district providing the height of the radio or television tower does  17.80.070  Projections  placed so as not obstruct light and ventilation.  17.80.080 Side Yard Regulations for Two-Family or Multiple-Family Dwelling  lot.  17.80.090  17.80.100  in which the lot or tract is located.  17.80.110  commercial and industrial structures. Radio and Television Towers  17.80.120  72    not conflict with any airport approach or landing zone or with any other  ordinance. Fences fences.  17.80.130  A. Except as otherwise specifically provided in other codes, ordinances or regulations, the following regulations shall apply to the construction of 1. No fence, wall, hedge or shrubbery intended as a fence or partition between properties shall exceed 4 feet in height from the front building line extending toward an avenue except that on a corner lot the 4-foot limitation shall be limited pursuant to Subsection (6) below. For the purposes of measuring the height of front yard fences, the measurement shall be the vertical height from the top of curb on the avenue abutting the property. All other fences may not exceed six feet in height. 2. No fence shall be constructed in such a manner or be of such design as to bel hazardous or dangerous to persons or animals. 3. No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or any fence which shall adversely affect the public health, safety and welfare. 4. No fence, except fences erected upon public or parochial school grounds or in public parks and public playgrounds, shall be constructed of a height greater than six feet; provided, however, that the Planning Commission may, by special permit, authorize the construction of a fence higher than six feet ift the Commission finds the public welfare is 5. All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions. 6. On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision up to a height of 4 feet above the height of the curb head oft the intersecting streets in the area bounded by the street lines of such  preserved.  corner lots within the clear sight triangle.  17.80.140  Building Setback Lines Lots ofl Record  A. Building setback lines are established for all arterial and collector streets, as  shown on the approved major street plan.  17.80.150  A. A lot or group of lots which were platted and recorded in the office of the County Clerk and Recorder prior to the effective date of the ordinance codified in this title may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction ofa a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements unless specifically authorized by the Planning Commission.  17.80.160  Canopy and Marquee  A. A canopy or marquee may be permitted to overhang a public way in a  commercial district providing that:  73    1. The canopy or marquee is constructed and maintained in accordance with the City building code and other codes, ordinances and resolutions. 2. No portion oft the canopy or marquee shall be less than seven feet above 3. The canopy or marquee shall not extend beyond a point two feet inside  the level oft the sidewalk or other public way. the curb line ofa a public street. Number of Structures on a Lot  17.80.170  A. Where a lot is used for other than a single family or manufactured home, more than one principal use or structure may bel located on such lot, provided that such buildings conform to all requirements for the district in which they are located, and all such buildings shall remain in single ownership unless such buildings and lots are certified as condominiums or townhouses.  17.80.180  Temporary Uses: Permitted; Applications; Conditions A. Only the following temporary uses may be permitted.  Carnivals and circuses, located in a commercial or industrial zone or on public property, when located at least two hundred (200) feet from a residential zone and for ai time period not exceeding two (2) weeks. Christmas tree and fireworks sales lots in a commercial or industrial 3. Contractors office and equipment sheds on the site of a construction 4. Model homes or development sales offices located within the subdivision or development area to which they apply and to continue only until sale 5. Outdoor temporary sales on private property and not incorporated or in partnership with the existing business located on this property in a commercial or industrial zone, including commercial sales, swap meets or similar activities providing they do no operate for more than ten (10) consecutive days and there are no more than four (4) such sales on any 6. Produce stands, seasonal sales of farm or garden produce on an individual's place of residence and raised by the same individual, provided no structure is constructed for such use. 8. One manufactured home to be used as at temporary office for any allowable use in an Industrial Zoning District, provided that such manufactured home shall not be used for more than ai two (2) year period starting the day the manufactured home is set upon thej property. B. Persons seeking approval for at temporary use authorized by section A above shall make application toi the Zoning Administrator at least ten (10) days in advance oft the time desired for usage. Such application shall include as site plan showing existing and proposed usage. The. Zoning Administrator may issue a Certificate of Temporary use upon: finding: 1. The temporary use will not impair the normal, safe and effective operation of any permanent use on the same or adjoining site. 2. The temporary use will not affect the public health, safety, or convenience and will not create traffic hazards or congestion or otherwise interrupt or interfere with the normal conduct of use and activities in the vicinity. 3. That adequate off street parking is available for the temporary use and  zone.  project only during the construction period. or lease of all units int the development.  one property in any calendar year.  any permanent use on the site.  74    C. The following conditions for a temporary use shall apply  1. Each site used by an authorized temporary use shall bel left free of debris, 2. Such use when conducted upon aj parking lot of another business shall not occupy more than twenty (20%) percent ofthe required parking 3. Noi temporary use shall be located within the required setback of1 the site. 4. Any sign used in conjunction with the temporary use shall comply with all requirements oft the sign regulations for temporary signs.  litter and all evidence ofs such use. spaces ofs such uses.  17.80.190 Wind Energy Conversion Systems (WECS)  A. Wind Energy Conversion Systems (WECS) may be permitted subject to the 1. The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be  following requirements:  established by the following minimum standards: Rotor Diameter (Feet) Setback Distance (Feet) 5 10 15 20 25 30 35 40  100 165 220 270 310 340 365 385  Intermediate rotor size distances shall be interpolated from the above values 2. The WECS shall not be located in any required yard. 3. The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot] line shall: not exceed sixty (60) d.b.a. in ai residential zone. 4. Tol limit climbing access to WECS tower, or other support structure, a six (6) foot high fence with locking portal shall be place around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground or the WECS 5. All blades ofa WECS shall be constructed of non-metallic substances. If the applicant can prove, in writing form, that no electromagnetic interference will: result, a metal content of up to twenty-five (25) percent 6. The WECS shall be located in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach and 7. Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than twenty (20) feet. The height of the WECS shall be measured at the center of the blade diameter. 8. Data pertaining to the WECS safety and structural integrity shall be certified by a licensed engineer and filed with the building permit  support may bei mounted on a rooftop.  willl be acceptable.  clearance around VOR and DVOR stations.  75    application. The tower or support and top adapter shall meet the restrictions specified in the City's building code. 9. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS. 10. A plot plan shall be submitted with the application for building permit showing the proposed location and height oft the WECS, fencing and all existing buildings within two hundred (200) feet oft the exterior lot lines. 11. The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site. 12. The owner/operator shall certify that the WECS does not violate any 13. The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator  covenants of record.  that the liability insurance is still: in effect.  17.80.200 Attached Single Family Dwellings, Townhouses and Condominiums  A. Attached Single Family Dwellings, Townhouses and Condominiums may be built upon existing tracts by meeting the following stipulations:  1. Definitions:  (a) Attached Single Family Dwellings - A series of no more than four (4) single family dwelling structures which are joined at one (1) or more sides by a common fire wall and where the units are completely independent of each other, including the parcel of land (b) Townhouse A series of four (4) or more single family residential dwelling structures joined together at one (1) or more side by a common fire wall and where the units are independent of each other, including the immediate parcel of land upon which each unit is built, and where portions of the land are held in common (c) Condominium - Multi-unit structures with each unit under separate ownership and each owner owning only air space occupied by his unit. All owners. jointly own all common areas and land.  upon which each unit is built.  ownership with other units in the project.  B. Conditions:  1. Attached Single Family Dwellings, as defined, may be erected within the R-1. R-2, Two Family District (Limit 4 units each structure); R-3 Multiple Family Dwelling Districts; subject to district regulations and the following (a) No individual unit shall have less than twenty (20) feet frontage (b) No individual ownership shall contain less than two thousand two hundred (2,200) square feet ofl lot area. (c) The intensity of use for all structures shall be no less than required by the district in which the structures are erected. (d) Each unit shall be separated from other units at party walls which are fire resistive construction. With the land to define ownership, use and responsibility for maintenance and use of such party wall  conditions:  upon aj public street.  must bej provided.  76    (e) Parking shall be as required for single family residences in Chapter (f) Utility services to each unit shall be separately metered unless approved on a case-by-case basis by City. 2. Townhouses, as defined, may be erected within the R-3, Multiple Family Dwelling District are subject to the District Regulations and the (a) The intensity of use for all structures shall be no less than required by the district in which the structures are erected. (b) Each unit shall be separated from other units at common party walls which are of two (2) hour fire resistive construction or have sprinkler systems and meet building code requirements. (c) Utility services to each unit shall be separately metered unless approved on a case by case by the City. (d) All common open space shall be jointly owned by the owners of the individual structures and agreements setting forth the responsibilities of external maintenance of common areas and facilities and setting forth restrictions shall be filed with the application for permit and recorded with the Register of Deeds. Such agreements shall be in accordance with the laws oft the State of Colorado. (e) Parking shall be as required for multiple family residences in 3. Condominiums, as defined, may be erected within the R-3 Multiple Family Dwelling District subject to the district regulations and the (a) The intensity of use for all structures shall be no less than required by the district in which the structures are erected. (b) Each unit shall be separated from each other as required by the Multiple Family Unit provisions oft the Building Code. (c) Utility services to each unit shall be separately metered unless approved on a case-by-case basis by City. (d) All common open space shall bej jointly owned by the owners oft the individual units and agreements setting forth the responsibilities of both external and internal common areas and facilities and setting forth restrictions shall be filed with the application for permit and recorded with the Register of Deeds. Such agreements shall be in accordance with the laws ofthe State ofColorado. (e) Parking shall be as required for multiple family residences in Conversion of a Two-Family or Multiple-Family Structure to Individually A. Conversion ofat two-family or multiple-family structure to individually owned single-family dwelling units may be permitted subject to the following 1.A An application for such unit conversion shall be filed for review and comment by City Staff. Such application shall be accompanied by the (a) A plot plan showing site and structure arrangements and proposed re-  17.52.  following conditions:  Chapter 17.60. following conditions:  Chapter 17.60.  17.80.210  Owned Units requirements:  following information as a minimum:  platting.  77    (b) A full legal description of the subject property, including legal descriptions of proposed individual properties after re-platting. (c) A description of proposed structural and utility alterations to provide (d) A description of proposed public access patterns, both vehicular and (e) Ac copy of protective covenants which shall be written to run with the land in which shall be specified methods for providing for maintenance of shared property and/or easements, responsibilities for shared expenses, and continued use of the property for specified purposes. Such covenants shall be written to provide for the long-term maintenance and use of the premises for residential purposes only, within the overall context ofneighborhood development. (f) Any other supplementary information as may be required to assess short- And long-term neighborhood impacts associated with the 2. Where a1 two-family or multiple-family structure is converted to individually owned, single-family dwelling units, a separation oft utility service lines is required from each individually owned, single-family dwelling unit to aj public utility line or to a utility line, private well, septic system, or lagoon which is located in an area ofa lot or building that is owned by or accessible to aj party legally responsible for maintenance of utility lines or systems on behalf oft the owners of each converted single- 3. City staff shall not approve an application for conversion from a two- family or multiple-family structure to individually-owned, single-family dwelling units where it is determined that an existing or proposed utility service line, private well, septic system, or lagoon exists or is proposed to exist in an area where the maintenance of said utility line would require entry into an individually-owned dwelling unit. 4. All conversions oftwo-family or multiple-family structures to individualy-owned, single-family dwelling units are: subject to all applicable City codes, including building permit application, complaint 5. The above procedures and regulations are applicable even where the  fori individual services and maintenance.  pedestrian.  proposed conversion.  family dwelling unit.  firewalls, andi inspection procedures. conversion does not require new construction. Required Screening for Business-Industrial Use  17.80.220  A. Commercial or Industrial Use Adjacent to a Residential Zone - Whenever a commercial or industrial zoned tract adjacent to a residential zoning district is used, screening to protect the residential land from the affect of the B. Type of Screening Required All required screening shall consist of a wall, fence or evergreen plantings from six (6) to eight (8) feet in height having a visual density of at least ninety (90%) percent. Screens adjacent to the front yard ofai residential zone shall not exceed: forty-eight (48) inches in height. C. Location of Screen All required screening shall be located within three (3) D. Evergreen Hedges or Shrubs - Evergreen plantings shall be planted at a height of at least thirty-six (36) inches and shall reach the required height and  commercial use shall be required.  feet of thej property line adjacent to the residential zone. effective screening within eighteen (18) months.  78    E. Maintenance of Screens - All required screens shall bej permanently maintained in good and effective condition, and whenever necessary, F. Installation Prior to Occupancy Whenever screening is required, it shall be installed before occupancy oft the commercial or industrial use is allowed. Where plantings are being used to accomplish the required screening and the season is unsuitable for planting, the owner shall submit a written verification, satisfactory tot the Zoning Administrator, ofv when the required  repaired or replaced.  screening shall be planted. Landscaping Requirements  17.80.230  A. All property within the zoning jurisdiction of the City of La Junta shall hereinafter be subject to the following minimum requirements. 1. The open, unpaved areas of each property shall be graded to provide for the adequate drainage of all stormwater and shall be free of hazards, 2. Open, unpaved areas shall be appropriately landscaped to provide an attractive appearance to enhance the character oft the neighborhood. 3. No vegetation shall overhang a public street or sidewalk below a height of ten (10) feet, or obstruct views of pedestrian and vehicular 4. Where districts "M-P", "C-S", "C-1", "I-1", or "I-2" adjoin "R-1", "R- 2", or "R-3" Districts they shall be appropriately separated by a landscaped area of atl least ten (10) feet wide or a decorative architectural 5. Parking areas abutting public walkways or streets shall be appropriately landscape materials or architectural screen shall not exceed four (4) feet  nuisances or unsanitary conditions.  movements.  screen at least six (6) feet high.  inl height. Gas Pump Canopies  17.80.240  A. Canopies covering gas or other fuel pumps must be located so that no part of the structure is less than ten (10) feet from the front property line. Such  structures shall meet all other setback requirements.  17.80.250  Storm Shelters  A. In zones R-3, and MP each new development of ten (10) or more dwelling units, or housing spaces shall be provided with properly ventilated and constructed storm shelters located at a central or other convenient location, unless determined otherwise by the Planning Commission and Governing Body. Where storm shelters are required, space shall be provided at the rate of eighteen (18) square feet for each new dwelling unit, manufactured home space, or travel trailer space. Storm shelters shall be built in accordance with  the building codes ofthe City.  End  79