<< Master Table of Contents


TABLE OF CONTENTS

TITLE 17

ZONING

Chapters:

17-02 General Provisions

17-02-010  Purpose

17-02-020  Authority

17-02-030  Conformance required

17-02-040  Additional uses

17-02-050  Interpretation

17-02-060  Provisions are minimum requirements

17-02-070  Conflict of provisions

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

17-02-090  Medical marijuana businesses prohibited

17-02-100  Marijuana establishments prohibited

17-04 Definitions

17-04-005  Rules of construction

17-04-010  Definitions generally

17-04-015  Accessory

17-04-020  Area of lot

17-04-022  Area of special flood hazard

17-04-025  Automobile parking area

17-04-027  Base flood

17-04-030  Boardinghouse and rooming house

17-04-035  Building

17-04-040  Building frontage

17-04-045  Building height

17-04-050  Building official

17-04-055  Bulletin board

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

17-04-065  Business sign

17-04-070  Business unit or use building frontage

17-04-075  Channel

17-04-080  Child day care facility

17-04-085  Construction sign

17-04-087  Development

17-04-090  Dwelling, multiple-family

17-04-095  Dwelling, single-family

17-04-100  Dwelling unit

17-04-105  Electric sign

17-04-110  Employees

17-04-125  Exterior wall surface

17-04-130  Family

17-04-133  Flea market

17-04-135  Flood

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

17-04-140  Flood Insurance Study

17-04-155  Flood profile

17-04-160  Floodproofing

17-04-185  Floodway

17-04-190  Floor area

17-04-195  Gas station or service station

17-04-197  Gas well

17-04-200  Hotel and motel

17-04-202  Household group

17-04-210  Identification sign

17-04-215  Illumination, direct

17-04-220  Illumination, indirect

17-04-225  Illumination, internal

17-04-230  Joint identification sign

17-04-235  Junkyard

17-04-240  Kiosk

17-04-245  Landscaping or landscaped

17-04-250  Light source

17-04-255  Lot

17-04-260  Lot line, front

17-04-265  Lot line, rear

17-04-270  Lot line, side

17-04-275  Lot, reversed corner

17-04-277  Lowest floor

17-04-280  Maintenance of signs

17-04-282  Manufactured home

17-04-285  Marquee

17-04-286  Municipal building

17-04-287  New construction

17-04-288  Nonconforming building or use

17-04-289  Nonconforming sign

17-04-290  Obstruction

17-04-295  Off-premises advertising sign

17-04-300  Oil well

17-04-302  Open area

17-04-305  Owner

17-04-310  Political or noncommercial sign

17-04-312  Preschool

17-04-315  Professional office

17-04-320  Public entrance

17-04-325  Reach

17-04-330  Real estate sign

17-04-333  Recyclable materials

17-04-335  Roof

17-04-340  Roofline

17-04-345  Sign

17-04-350  Sign, animated

17-04-355  Sign, arcade

17-04-360  Sign area

17-04-365  Sign, area identification

17-04-370  Sign, change panel

17-04-375  Sign, combination

17-04-380  Sign, directional

17-04-385  Sign face

17-04-390  Sign, freestanding

17-04-395  Sign height measurement

17-04-400  Sign, illegal nonconforming

17-04-405  Sign, legal nonconforming

17-04-410  Sign, marquee

17-04-415  Sign, projecting

17-04-420  Sign, roof

17-04-425  Signs, number of

17-04-430  Sign structure

17-04-435  Sign support

17-04-440  Sign, suspended

17-04-445  Sign, temporary

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

17-04-455  Sign, wall

17-04-460  Sign, window

17-04-465  Small animal

17-04-467  Sound wall

17-04-470  Street frontage

17-04-475  Street level

17-04-480  Structure

17-04-485  Structure, permanent

17-04-490  Structure, temporary

17-04-495  Substantial improvement

17-04-500  Swimming pool

17-04-505  International Building Code

17-04-515  Watercourse

17-04-520  Zoning ordinance

17-06 Districts and Map

17-06-010  Districts; established

17-06-020  Districts; boundaries established; map

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

17-06-040  Districts; schedule adopted

17-06-050  Zoning newly annexed land

17-07 OLPF Open Lands and Public Facilities District

17-07-010  Intent

17-07-020  Permitted uses; by right

17-07-030  Permitted uses; by special review

17-07-040  Lot and yard requirements

17-07-050  Building height

17-07-060  General provisions

17-08 A-1 Agricultural District

17-08-010  Intent

17-08-020  Permitted uses; by right

17-08-030  Permitted uses; by special review

17-08-040  Lot and yard requirements

17-08-050  Building height

17-08-060  General provisions

17-09 RR Rural Residential District

17-09-010  Intent

17-09-020  Permitted uses; by right

17-09-030  Permitted uses; by special review

17-09-040  Lot and yard requirements

17-09-050  Building height

17-09-060  General provisions

17-10 E-1 Estate District

17-10-010  Intent

17-10-020  Permitted uses; by right

17-10-030  Permitted uses; by special review

17-10-040  Lot and yard requirements

17-10-050  Building height

17-10-060  General provisions

17-12 E-2 Estate District

17-12-010  Intent

17-12-020  Permitted uses; by right

17-12-030  Permitted uses; by special review

17-12-040  Lot and yard requirements

17-12-050  Building height

17-12-060  General provisions

17-13 E-3 Estate District

17-13-010  Intent

17-13-020  Permitted uses; by right

17-13-030  Permitted uses; by special review

17-13-040  Permitted uses; review and approval by planning and zoning commission

17-13-050  Lot and yard requirements

17-13-060  Building height

17-13-070  General provisions

17-14 R-1 Low Density Residential District

17-14-010  Intent

17-14-020  Permitted uses; by right

17-14-030  Permitted uses; by special review

17-14-040  Lot and yard requirements

17-14-050  Building height

17-14-060  General provisions

17-16 R-3 Medium Density Residential District

17-16-010  Intent

17-16-020  Permitted uses; by right

17-16-030  Permitted uses; by special review

17-16-040  Maximum density

17-16-050  Lot and yard requirements

17-16-060  Building height

17-16-070  Open area

17-16-080  General provisions

17-18 R-5 High Density Residential District

17-18-010  Intent

17-18-020  Permitted uses; by right

17-18-030  Permitted uses; by special review

17-18-040  Maximum density

17-18-050  Lot and yard requirements

17-18-060  Building height

17-18-070  Open area

17-18-080  General provisions

17-20 B-1 Limited Business District

17-20-010  Intent

17-20-020  Permitted uses; by right

17-20-030  Permitted uses; by special review

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

17-20-050  Building height

17-20-060  General provisions

17-22 B-2 General Business District

17-22-010  Intent

17-22-020  Permitted uses; by right

17-22-030  Permitted uses; by special review

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

17-22-050  Building height

17-22-060  General provisions

17-24 I-1 Limited Industrial District

17-24-010  Intent

17-24-020  Permitted uses; by right

17-24-030  Permitted uses; by special review

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

17-24-050  Building height

17-24-060  General provisions

17-25 Neighborhood Overlay Area

17-25-010  Intent

17-25-020  General provisions

17-25-030  Map designation

17-25-040  Relationship to underlying zone district

17-25-050  Development requirements

17-25.1 Transitional Overlay Area District

17-25.1-010  Intent

17-25.1-020  General provisions

17-25.1-030  Map designation

17-25.1-040  Relationship to underlying zone district

17-25.1-050  Development requirements

17-26 I-2 General Industrial District

17-26-010  Intent

17-26-020  Permitted uses; by right

17-26-030  Permitted uses; by special review

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

17-26-050  Building height

17-26-060  General provisions

17-26.05 I-3 Industrial District

17-26.05-010  Intent

17-26.05-020  Permitted uses; by right

17-26.05-030  Permitted uses; by special review

17-26.05-040  Lot, yard, and related requirements

17-26.05-050  Building height

17-26.05-060  General provisions

17-26.1 A-1 District

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

17-26.1-020  Permitted uses; by right

17-26.1-030  Permitted uses; by special review

17-26.1-040  Copy on file

17-27 GA General Aviation District

17-27-010  Intent

17-27-020  Permitted uses; by right

17-27-030  General provisions

17-27-040  Permitted uses; by special review

17-28 PUD Planned Unit Development District

17-28-010  Intent

17-28-020  Permitted uses; by right

17-28-030  Permitted uses; by special review

17-28-040  General provisions

17-28-050  Map designations

17-29 Interchange Influence Area

17-29-010  Intent

17-29-020  General provisions

17-29-030  Map designations

17-29-040  Relationship to underlying zone district

17-29-050  Development requirements

17-29-060  Prohibited uses

17-30 Uses Permitted by Special Review

17-30-010  Approval required

17-30-020  Request; submittal when

17-30-030  Application; contents

17-30-040  Request; review

17-30-050  Request; recommendation; conditions

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

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

17-30-090  Approval; period; void when

17-30-100  Special considerations

17-31 Temporary Sales Stands

17-31-010  Approval required

17-31-020  Application requirements

17-31-030  Conditions for approval

17-31-040  Time limits

17-31-050  Maintenance standards

17-32 Accessory Buildings and Uses

17-32-010  Accessory building and use defined

17-32-020  Home occupations

17-32-030  Household pets

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

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

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

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

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

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

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

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

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

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

17-32-140  Fences, hedges, and walls

17-32-150  Outside storage; inoperative automobiles

17-34 Supplementary Regulations

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

17-34-020  Yards

17-34-030  Building height

17-34-040  Radio antennae and towers

17-34-040  Wind-powered mechanical and electrical devices

17-34-050  Refuse and recycling areas

17-35 Wireless Communications Facilities

17-35-010  Definitions

17-35-020  Administrative approval

17-35-030  Application requirements for wireless communications facilities

17-35-040  Use by special review

17-35-050  Review criteria for wireless communications towers

17-35-060  Exemption for governmental purpose

17-35-070  Height and setback requirements; lighting

17-35-080  No expansion or alteration of nonconforming use

17-35-090  Special mitigation measures; co-location

17-35-100  Abandonment

17-35-110  Prohibition; penalty

17-35-120  Civil action

17-36 Nonconforming Uses

17-36-010  Intent

17-36-020  Nonconforming uses and buildings

17-36-030  Abandonment, termination, or destruction

17-36-040  Utility distribution stations excepted

17-36-050  Off-street parking and loading; compliance required

17-38 Planned Unit Development

I.  General

17-38-010  Intent

17-38-020  Coordination with subdivision and other regulations

17-38-030  Concept plan review

17-38-035  Display of PUD plan and site development plan in on-site sales offices

II.  PUD Plan

17-38-040  PUD plan; scope

17-38-050  PUD plan; format

17-38-060  PUD plan; contents

17-38-070  PUD plan; accompanying information

17-38-080  PUD plan; hearing and notice; planning and zoning commission

17-38-090  PUD plan; recommendation; planning and zoning commission

17-38-100  PUD plan; hearing and notice; city council

17-38-110  PUD plan; decision; city council; recording

17-38-120  PUD plan; review standards

17-38-130  PUD plan; modification

17-38-135  Site development plan required; PUD plan revocation

17-38-137  Amendment to PUD plans proposed by city manager

III.  Site Development Plan

17-38-140  Site development plan; scope

17-38-150  Site development plan; format

17-38-160  Site development plan; contents

17-38-170  Site development plan; accompanying information

17-38-180  Site development plan; hearing and notice; planning and zoning commission

17-38-190  Site development plan; recommendation; planning and zoning commission

17-38-200  Site development plan; hearing and notice; city council

17-38-210  Site development plan; decision; city council; recording

17-38-220  Review standards

17-38-225  Building permits required; site development plan revocation

17-28-230  Modification

IV.  Open Area

17-38-240  Required

17-38-250  Maintenance

V.  Fees

17-38-260  Established

VI.  Enforcement

17-38-270  Procedure; penalties for violations

VII.  Transitional Provisions

17-38-280  Transitional provisions

VIII.  Uniform Subdivision Standards for Residential PUD Plans and Residential Site Development Plans

17-38-300  Intent

17-38-310  Definitions

17-38-320  Standards for low density residential; single-family detached

17-38-330  Standards for medium density residential; single-family attached

17-38-340  Standards for medium density residential; single-family detached

17-38-350  Exceptions

17-40 Floodplain

I.  General Provisions

17-40-010  Short title

17-40-020  Findings

17-40-030  Purpose

17-40-040  Methods of reducing flood losses

17-40-050  Definitions

17-40-055  Lands to which this chapter applies

17-40-060  Basis for establishing areas of special flood hazard

17-40-070  Compliance; penalties for violation

17-40-080  Abrogation and greater restrictions

17-40-090  Interpretation

17-40-100  Warning and disclaimer of liability

17-40-105  Severability

II.  Administration

17-40-110  Establishment of development permit

17-40-120  Designation of city engineer

17-40-130  Duties and responsibilities of city engineer

17-40-140  Variance procedure

III.  Flood Hazard Reduction

17-40-150  General standards

17-40-160  Specific standards

17-40-170  Floodways

17-42 Mobile Home Communities

17-42-010  Intent

17-42-020  Development standards generally

17-42-030  Density

17-42-040  Lot; size

17-42-050  Lot; width

17-42-060  Separation between homes

17-42-070  Off-street parking

17-42-080  Street; width

17-42-090  Street; access

17-42-100  Lighting

17-42-110  Walkways

17-42-120  Park space

17-42-130  Footings, foundations, and tiedowns

17-42-140  Architecture

17-42-150  Landscaping

17-42-160  Floor level; exceptions

17-42-170  Fencing

17-42-180  Setback; street

17-42-190  Setback; boundary

17-42-200  Storage units

17-42-210  Utilities

17-42-220  Trash receptacles

17-42-230  Camper and boat storage

17-42-240  Bonding

17-42-250  Application procedure

17-42-260  Subdivision; standards generally

17-42-270  Density

17-42-280  Total area

17-42-290  Footings, foundations, and tiedowns

17-42-300  Homeowners' organization

17-42-310  Recreation facilities

17-42-320  General provisions

17-42-330  Parking not in approval mobile home community; prohibited; exception

17-42-340  Mobile home community; housing travel trailers prohibited

17-42-350  Storing travel trailers permitted; conditions

17-42-360  Definitions

17-42-370  Court; license; required

17-42-380  Court; license; fee

17-42-390  Court; license; application; contents

17-42-400  Court; license; issuance

17-42-410  Court; license; renewal

17-42-420  Court; license; transfer

17-42-430  Court; license; revocation

17-42-440  Court; license; posting

17-42-450  Court; location

17-44 Sign Code

17-44-010  Short title

17-44-020  Legislative declaration

17-44-030  Applicability; conflict of provisions

17-44-040  Scope

17-44-050  Signs; permitted; permit not required

17-44-060  Prohibited signs

17-44-070  Area computation

17-44-080  Sign; freestanding; setback

17-44-090  Sign; at street intersection

17-44-100  Illuminated sign

17-44-110  Sign; on fence or wall

17-44-120  Window sign

17-44-130  Temporary signs

17-44-140  Sign; subdivision entrance

17-44-150  Maintenance

17-44-160  Sign; accessory to nonconforming use

17-44-170  Signs; accessory to use permitted by special review

17-44-180  Sign; planned unit development

17-44-190  International Building Code; applicability

17-44-200  District regulations established

17-44-210  Low density residential districts; requirements

17-44-220  Medium density and high density residential districts; requirements

17-44-230  Business districts; requirements

17-44-240  Industrial districts; requirements

17-44-250  Structural requirements; design

17-44-260  Structural requirements; construction

17-44-270  Structural requirements; clearance

17-44-280  Structural requirements; freestanding signs

17-44-290  Structural requirements; wall signs

17-44-300  Structural requirements; marquee signs

17-44-310  Structural requirements; electric signs

17-44-320  Special exceptions; intent

17-44-330  Special exceptions; scope

17-44-335  Special exceptions; jurisdiction of planning and zoning commission

17-44-340  Special exceptions; application; contents

17-44-350  Special exceptions; jurisdiction

17-44-360  Special exceptions; approval procedure

17-44-370  Special exceptions; existing signs

17-44-380  Permit; application; approval

17-44-390  Permit; revocation; appeal

17-44-400  Permit; nonuse; revocation when

17-44-410  Permit; revocation; forfeiture of fees when

17-44-420  Permit; plans, specifications, and other data

17-44-430  Permit; fees

17-44-440  Identification and marking of signs

17-44-450  Inspection of signs

17-44-460  Registration of existing signs

17-44-470  Nonconforming signs; continuation; conditions

17-44-480  Repair or removal of signs; notice; lien

17-46 Reserved

17-48 Amendments

17-48-010  Amendments to this title

17-48-020  Procedure for rezoning

17-48-030  Reconsideration; time limit

17-48-040  Reclassification; development; time limit

17-48-050  Floodplain district; authority

17-50 Enforcement

17-50-010  Methods

17-50-020  Building permit; required when

17-50-030  Certificate of occupancy; required; issuance when

17-50-040  Right of inspection; compliance required

17-50-050  Criminal liability

17-50-060  Injunction

17-50-070  Penalty for violation

17-50-080  City nonliability

17-50-090  Minor variations

17-50-100  Penalties designated for violation of subsection 17-44-130(C)

17-52 Public Notice Requirements

17-52-010  Uniform notice requirement established

17-52-020  Notice; contents

17-52-030  Notice; publication

17-52-040  Notice; mail

17-52-050  Notice, posting

17-52-060  Notice; computation of time

17-52-070  Notice; fees

17-52-080  Continuation of hearing

17-54 Oil and Gas Land Use Regulations

I.  General Provisions

17-54-005  Short title

17-54-010  Purpose

17-54-020  Definitions

17-54-030  Inspections

17-54-040  Review required

II.  Use by Special Review

17-54-050  Use by special review application requirements

17-54-060  Use by special review criteria

17-54-070  Documents submitted prior to drilling; use by special review

17-54-080  Noise regulation and special mitigation measures

17-54-090  Special mitigation measures; noise

17-54-100  Visual impacts and aesthetics

17-54-110  Special mitigation measures; visual

17-54-120  Seismic operations

17-54-130  Signs

17-54-140  Reclamation

17-54-150  Geologic hazard, floodplain, floodway restrictions

17-54-160  Access roads

17-54-170  Wildlife

III.  Administrative Approval by Memorandum of Understanding

17-54-200  Enhanced standards

17-54-210  Approval required

IV-  Variances

17-54-220  Variances generally

V.  Miscellaneous Provisions

17-54-230  Transfer of permits or MOUs

17-54-240  Conflicting provisions; enforceability

17-54-250  Unlawful acts

17-54-260  Revocation of use by special review permit or MOU

17-54-270  Penalty

17-54-280  Civil action; enforcement

17-54-290  False or inaccurate information

17-54-300  Severability

17-54-310  Prospective application

17-54-320  Abandonment and plugging of wells

17-54-330  Application and well site fees

17-54-340  Coordination with Air Quality Control Commission

17-54-350  Appeals of decisions

17-56 Plugged and Abandoned Oil and Gas Wells and Former Oil and Gas Production Sites

17-56-010  Short title

17-56-020  Purpose

17-56-030  Procedure for adoption

17-56-040  Plugged and abandoned well and former oil and gas production site regulations

17-58 Master Plan

17-58-010  Master plan preparation

17-58-020  Purpose

17-58-030  Procedure for adoption

17-58-040  Applicability of state statutes

17-58-050  Master plan amendments

17-62 Residential Growth Management

17-62-010  Purpose

17-62-020  Definitions

17-62-030  Residential growth management

17-62-040  Exemptions

17-62-050  Building permit allocations for existing developments and subdivisions

17-62-060  Building permit allocations for new residential construction

17-66 Disconnection of Land From the City

17-66-010  Legislative intent

17-66-020  Definitions

17-66-030  Application

17-66-040  Hearing and notice

17-66-050  Review standards

17-66-060  Disconnection ordinance

17-66-070  Liability for taxes

17-66-080  Disconnection agreement

17-66-090  Effective date of disconnection

17-70 Residential Landscape Requirements

17-70-010  Residential landscape requirements

17-72 Historic Preservation

17-72-010  Purpose and intent

17-72-020  Definitions

17-72-030  Historic landmark board

17-72-040  Powers and duties of historic landmark board

17-72-050  Criteria for designation

17-72-060  Procedures for nomination of historic landmarks and districts

17-72-070  Procedures for designation of historic landmarks and historic districts

17-72-080  Revocation of designation

17-72-090  Special duties and obligations of owners of historic properties

17-72-100  Certificate of historic appropriateness

17-72-110  Relocation of historic landmarks

17-72-120  Demolition of historic landmarks

17-72-130  Action of board upon denial of certificate of historic appropriateness

17-72-140  Hardship exemption

17-72-150  Unsafe or dangerous conditions exempted

17-72-160  Enforcement and penalties


Chapter 17-02

General Provisions

17-02-010  Purpose. Go to the top

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

17-02-020  Authority. Go to the top

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

17-02-030  Conformance required. Go to the top

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

17-02-040  Additional uses. Go to the top

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

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

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

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

17-02-050  Interpretation. Go to the top

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

17-02-060  Provisions are minimum requirements. Go to the top

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

17-02-070  Conflict of provisions. Go to the top

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

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

This title is not intended to abrogate or annul:

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

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

17-02-090  Medical marijuana businesses prohibited. Go to the top

Medical marijuana businesses, including medical marijuana centers, optional premises cultivation operations, and marijuana-infused products manufacturing operations are prohibited within the City and County of Broomfield. In addition to any other penalties that may exist under state, federal, and local laws, violation of this section shall be punishable by a fine not exceeding $1000.00, or by imprisonment not exceeding one year, or by both such fine and imprisonment, as set forth in chapter 1-12 B.M.C. (Ord. 1928 §2, 2010)

17-02-100  Marijuana establishments prohibited. Go to the top

Marijuana establishments, including marijuana cultivation and testing facilities, marijuana product manufacturing facilities, and retail marijuana stores, are prohibited within the City and County of Broomfield. In addition to any other penalties that may exist under state, federal, and local laws, violation of this section shall be punishable by a fine not exceeding $1,000.00, or by imprisonment not exceeding one year, or by both such fine and imprisonment, as set forth in Chapter 1-12, B.M.C. (Ord. 1966 §2, 2013)


Chapter 17-04

Definitions

17-04-005  Rules of construction. Go to the top

(A)  The particular controls the general.

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

(C)  The word shall is always mandatory and not directory. The word may is permissive.

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

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

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

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

17-04-010  Definitions generally. Go to the top

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

17-04-015  Accessory. Go to the top

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

17-04-020  Area of lot. Go to the top

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

17-04-022  Area of special flood hazard. Go to the top

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

17-04-025  Automobile parking area. Go to the top

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

17-04-027  Base flood. Go to the top

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

17-04-030  Boardinghouse and roominghouse. Go to the top

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

17-04-035  Building. Go to the top

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

(A)  Is permanently affixed to the land;

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

(C)  Is bounded by either open space or the lot lines of a lot. (Ord. 149 Art. 26 §2(4), 1973)

17-04-040  Building frontage. Go to the top

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

17-04-045  Building height. Go to the top

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

17-04-050  Building official. Go to the top

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

17-04-055  Bulletin board. Go to the top

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

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

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

17-04-065  Business sign. Go to the top

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

17-04-070  Business unit or use building frontage. Go to the top

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

17-04-075  Channel. Go to the top

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

17-04-080  Child day care facility. Go to the top

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

17-04-085  Construction sign. Go to the top

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

17-04-087  Development. Go to the top

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

17-04-090  Dwelling, multiple-family. Go to the top

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

17-04-095  Dwelling, one-family. Go to the top

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

17-04-100  Dwelling unit. Go to the top

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

17-04-105  Electric sign. Go to the top

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

17-04-110  Employees. Go to the top

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

17-04-125  Exterior wall surface. Go to the top

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

17-04-130  Family. Go to the top

(A)  Family means any one of the following:

(1)  One person living alone;

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

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

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

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

17-04-133  Flea market. Go to the top

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

17-04-135  Flood. Go to the top

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

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

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

17-04-137  Flood Insurance Rate Map (FIRM). Go to the top

Flood Insurance Rate Map (FIRM) means the official map, dated October 2, 2013, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The term includes any amendments, revisions, or subsequent versions of such map. (Ord. 769 §8, 1988; Ord 1972 §1, 2013)

17-04-140  Flood Insurance Study. Go to the top

Flood Insurance Study means the official report, dated October 2, 2013, provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. The term includes any amendments, revisions, or subsequent versions of such study. (Ord. 769 §9, 1988; Ord 1972 §2, 2013)

17-04-155  Flood profile. Go to the top

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

17-04-160  Floodproofing. Go to the top

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

17-04-185  Floodway. Go to the top

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

17-04-190  Floor area. Go to the top

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

17-04-195  Gas station or service station. Go to the top

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

17-04-197  Gas well. Go to the top

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

17-04-200  Hotel and motel. Go to the top

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

17-04-202  Household group. Go to the top

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

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

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

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

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

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

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

(C)  As used in this section, finished interior space includes any room with:

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

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

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

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

17-04-210  Identification sign. Go to the top

(A)  Identification sign means and includes the following:

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

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

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

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

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

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

17-04-215  Illumination, direct. Go to the top

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

17-04-220  Illumination, indirect. Go to the top

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

17-04-225  Illumination, internal. Go to the top

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

17-04-230  Joint identification sign. Go to the top

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

17-04-235  Junkyard. Go to the top

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

17-04-240  Kiosk. Go to the top

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

17-04-245  Landscaping or landscaped. Go to the top

Landscaping or landscaped means any combination of living plant materials, such as trees, shrubs, grass, and herbaceous plants, and including, but not limited to, organic decorative materials such as gravel, rock, and bark; provided, however, that at least 25% of the required landscaped area be covered by living plant materials. In addition, at least one tree of a minimum of one-inch trunk caliper be provided for each 7,000 square feet, or major fraction thereof, or required landscaped area. (Ord. 149 Art. 26 §2(15), 1973)

17-04-250  Light source. Go to the top

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

17-04-255  Lot. Go to the top

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

17-04-260  Lot line, front. Go to the top

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

17-04-265  Lot line, rear. Go to the top

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

17-04-270  Lot line, side. Go to the top

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

17-04-275  Lot, reversed corner. Go to the top

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

17-04-277  Lowest floor. Go to the top

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

17-04-280  Maintenance of signs. Go to the top

Maintenance of signs means the replacing, repairing, or repainting of a portion of a sign structure; periodic changing of bulletin board panels; or reviewing a copy which has been made unusable by ordinary wear and tear, by weather, or by accident. The replacing or repairing of a sign or sign structure which has been damaged to an extent exceeding 50% of the appraised replacement cost, as determined by the building official, shall be considered as maintenance only when the sign conforms to all of the applicable provisions of this title, and when the damage has been caused by an act of God or violent accident. (Ord. 249 Art. 4(31), 1975)

17-04-282  Manufactured home. Go to the top

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

17-04-285  Marquee. Go to the top

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

17-04-286  Municipal building. Go to the top

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

17-04-287  New construction. Go to the top

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

17-04-288  Nonconforming building or use. Go to the top

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

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

(B)  Because of subsequent changes to municipal ordinances;

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

17-04-289  Nonconforming sign. Go to the top

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

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

(B)  Because of subsequent changes to municipal ordinances;

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

17-04-290  Obstruction. Go to the top

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

17-04-295  Off-premises advertising sign. Go to the top

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

17-04-300  Oil well. Go to the top

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

17-04-302  Open area. Go to the top

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

17-04-305  Owner. Go to the top

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

17-04-310  Political or noncommercial sign. Go to the top

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

17-04-312  Preschool. Go to the top

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

17-04-315  Professional office. Go to the top

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

17-04-320  Public entrance. Go to the top

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

17-04-325  Reach. Go to the top

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

17-04-330  Real estate sign. Go to the top

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

17-04-333  Recyclable materials. Go to the top

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

17-04-335  Roof. Go to the top

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

17-04-340  Roofline. Go to the top

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

17-04-345  Sign. Go to the top

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

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

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

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

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

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

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

17-04-350  Sign, animated. Go to the top

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

17-04-355  Sign, arcade. Go to the top

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

17-04-360  Sign area. Go to the top

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

17-04-365  Sign, area identification. Go to the top

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

17-04-370  Sign, change-panel. Go to the top

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

17-04-375  Sign, combination. Go to the top

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

17-04-380  Sign, directional. Go to the top

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

17-04-385  Sign face. Go to the top

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

17-04-390  Sign, freestanding. Go to the top

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

17-04-395  Sign height measurement. Go to the top

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

17-04-400  Sign, illegal nonconforming. Go to the top

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

17-04-405  Sign, legal nonconforming. Go to the top

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

17-04-410  Sign, marquee. Go to the top

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

17-04-415  Sign, projecting. Go to the top

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

17-04-420  Sign, roof. Go to the top

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

17-04-425  Signs, number of. Go to the top

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

17-04-430  Sign structure. Go to the top

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

17-04-435  Sign support. Go to the top

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

17-04-440  Sign, suspended. Go to the top

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

17-04-445  Sign, temporary. Go to the top

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

17-04-450  Sign, time-temperature-date. Go to the top

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

17-04-455  Sign, wall. Go to the top

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

17-04-460  Sign, window. Go to the top

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

17-04-465  Small animal. Go to the top

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

17-04-467  Sound wall. Go to the top

Sound wall means a solid fence constructed of concrete, stone, brick, or similar material, the intent of which is to limit visibility, light, and sound from passing through. (Ord. 1927 §1, 2011)

17-04-470  Street frontage. Go to the top

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

17-04-475  Street level. Go to the top

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

17-04-480  Structure. Go to the top

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

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

17-04-485  Structure, permanent. Go to the top

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

17-04-490  Structure, temporary. Go to the top

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

17-04-495  Substantial improvement. Go to the top

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure either before the improvement has started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(21), 1975)

17-04-500  Swimming pool. Go to the top

Swimming pool means any structure intended for swimming or recreational bathing that contains water over twenty-four inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas. (Ord. 149, Art. 26 2(50), 1973; Ord. 1927 §2, 2011)

17-04-505  International Building Code. Go to the top

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

17-04-515  Watercourse. Go to the top

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

17-04-520  Zoning ordinance. Go to the top

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


Chapter 17-06

Districts and Map

17-06-010  Districts; established. Go to the top

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

(1)  OLPF Open Lands and Public Facilities district;

(2)  A-1 Agricultural district;

(3)  RR Rural Residential district;

(4)  E-1 Estate district;

(5)  E-2 Estate district;

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

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

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

(9)  B-1 Limited business district;

(10)  B-2 General business district;

(11)  I-1 Limited industrial district;

(12)  I-2 General industrial district;

(13)  I-3 Industrial district;

(14)  GA General aviation district;

(15)  PUD Planned unit development district;

(16)  Interchange influence area district.

(17)  Transitional overlay area district.

(18)  A-1 district.

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

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

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

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

(4)  I PUD – Indicates PUD district with only industrial uses. (Ord. 149 Art. 4, §1, 1973; Ord. 651 §1, 1985; Ord. 907 §1, 1991; Ord. 1365 §1, 3-9-99; Ord. 1835 §1, 2006; Ord. 1836 §1, 2006; Ord. 1900 §8, 2010; Ord. 1974 §1, 2013)

17-06-020  Districts; boundaries established; map. Go to the top

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

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

17-06-030  Divided lots; extension of less restrictive requirements. Go to the top

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

17-06-040  Districts; schedule adopted. Go to the top

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

17-06-050  Zoning newly annexed land. Go to the top

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

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

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


Chapter 17-07

OLPF Open Lands and Public Facilities District

17-07-010  Intent. Go to the top

The OLPF Open Lands and Public Facilities district is intended to provide areas for public facilities and open lands. (Ord. 651 §2, 1985, Ord. 1974 §2, 2013)

17-07-020  Permitted uses; by right. Go to the top

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

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

(C)  Water storage reservoirs;

(B)  Natural, native areas;

(D)  Bird and wildlife sanctuaries;

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

(F)  Public parks and recreational facilities. (Ord. 651 §2, 1985, Ord. 1974 §2, 2013)

17-07-030  Permitted uses; by special review. Go to the top

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

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

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

(C)  Barbed wire fences;

(D)  Municipal cemeteries; and

(E)  Oil wells or gas wells. (Ord. 651 §2, 1985; Ord. 968 §3, 1993, Ord. 1974 §2, 2013)

17-07-040  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area35 acres
Lot width1000 feet
Front yard100 feet
Rear yard
Principal building75 feet
Accessory building25 feet
Side yard30 feet + 1 foot for each 2 feet of building height

(Ord. 651 §2, 1985, Ord. 1974 §2, 2013)

17-07-050  Building height. Go to the top

Buildings in the OLPF district shall not be higher than two stories, and in no case higher than thirty feet. (Ord. 651 §2, 1985, Ord. 1974 §2, 2013)

17-07-060  General provisions. Go to the top

Use of land in the OLPF district shall also conform to the parking, signing, and other provisions of this title. (Ord. 651 §2, 1985, Ord. 1974 §2, 2013)


Chapter 17-08

A-1 Agricultural District

17-08-010  Intent. Go to the top

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

17-08-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

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

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

(D)  Cemeteries;

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

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

(G)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

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

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

17-08-030  Permitted uses; by special review. Go to the top

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

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

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

(C)  The keeping of livestock for commercial use or at densities greater than permitted in section 17-08-020;

(D)  Airports;

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

(F)  Child day-care facilities;

(G)  Oil wells or gas wells; and

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

17-08-040  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area5 acres
Lot width300 feet
Front yard30 feet
Rear yard
Principal building25 feet
Accessory building5 feet
Side yard10 feet + 1 foot for each 2 feet of building height

(Ord. 149 Art. 6 §4, 1973)

17-08-050  Building height. Go to the top

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

17-08-060  General provisions. Go to the top

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


Chapter 17-09

RR Rural Residential District

17-09-010  Intent. Go to the top

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

17-09-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

(B)  The cultivation of crops;

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

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

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

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

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

(G)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities,

(3)  Related facilities; and

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

17-09-030  Permitted uses; by special review. Go to the top

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

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

(B)  Churches and church facilities;

(C)  Public and private noncommercial recreation areas and facilities other than those included as permitted uses;

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

(E)  Child day care facilities;

(F)  Cemeteries;

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

(H)  Oil or gas wells;

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

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

17-09-040  Lot and yard requirements. Go to the top

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

(A)  Principal building:

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

(B)  Accessory building:

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

(Ord. 1365 §1, 1999)

17-09-050  Building height. Go to the top

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

17-09-060  General provisions. Go to the top

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

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

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

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

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

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

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

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

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


Chapter 17-10

E-1 Estate District

17-10-010  Intent. Go to the top

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

17-10-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

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

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

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

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

17-10-030  Permitted uses; by special review. Go to the top

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

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

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

(C)  Churches and church facilities;

(D)  Residential planned unit developments (PUD);

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

(F)  Municipal buildings;

(G)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

(H)  Child day care facilities; and

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

17-10-040  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area40,000 square feet
Lot width120 feet
Front yard30 feet
Rear yard
Principal building25 feet
Accessory building5 feet
Side yard15 feet
Floor area1,400 square feet

(Ord. 149 Art. 7 §4, 1973)

17-10-050  Building height. Go to the top

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

17-10-060  General provisions. Go to the top

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


Chapter 17-12

E-2 Estate District

17-12-010  Intent. Go to the top

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

17-12-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

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

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

(D)  Public schools;

(E)  Public recreation areas and facilities; and

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

17-12-030  Permitted uses; by special review. Go to the top

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

(A)  Churches and church facilities;

(B)  Child day care facility;

(C)  Noncommercial recreational uses;

(D)  Private schools;

(E)  Residential planned unit developments (PUD);

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

(G)  Municipal buildings;

(H)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities; and

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

17-12-040  Lot and yard requirements. Go to the top

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

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

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

17-12-050  Building height. Go to the top

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

17-12-060  General provisions. Go to the top

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


Chapter 17-13

E-3 Estate District

17-13-010  Intent. Go to the top

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

17-13-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17-13-030  Permitted uses; by special review. Go to the top

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

(A)  Churches and church facilities;

(B)  Child day care facility;

(C)  Noncommercial recreational uses;

(D)  Private schools;

(E)  Residential planned unit developments (PUDs);

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

(G)  Municipal buildings;

(H)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities; and

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

17-13-040  Permitted uses; review and approval by planning and zoning commission. Go to the top

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

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

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

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

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

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

(4)  Adequacy of fencing to contain animals; and

(5)  Intensity of use of the property. (Ord. 1576 §1, 2001; Ord. 1935 §30, 2011)

17-13-050  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area1 acre
Lot width120 feet
Front yard30 feet
Rear yard
Principal building25 feet
Accessory building10 feet
Side yard
Principal building15 feet
Accessory building25 feet
Residential floor area1,250 square feet

(Ord. 1576 §1, 2001)

17-13-060  Building height. Go to the top

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

17-13-070  General provisions. Go to the top

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

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

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

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


Chapter 17-14

R-1 Low-Density Residential District

17-14-010  Intent. Go to the top

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

17-14-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

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

(C)  Churches and church facilities;

(D)  Public recreation areas and facilities;

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

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

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

17-14-030  Permitted uses; by special review. Go to the top

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

(A)  Child day care facility;

(B)  Private noncommercial recreational uses;

(C)  Residential planned unit developments (PUD);

(D)  Cemeteries;

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

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

(G)  Municipal buildings;

(H)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

(I)  Oil wells or gas wells; and

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

17-14-040  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area (2 acres for schools, churches and church facilities)7,000 square feet
Lot width
Interior lot70 feet
Corner lot80 feet
Lot depth100 feet
Front yard25 feet
Rear yard
Principal building25 feet
Accessory building5 feet
Side yard5 feet
Total of both side yards shall not be less than 15 feet with the minimum of one yard of 5 feet; or in the alternative, not less than 15 feet of separation from the principal building on an adjacent lot is required and with the minimum of one side yard of 5 feet.
Side yard (corner)20 feet
Floor area950 square feet

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

17-14-050  Building height. Go to the top

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

17-14-060  General provisions. Go to the top

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


Chapter 17-16

R-3 Medium-Density Residential District

17-16-010  Intent. Go to the top

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

17-16-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

(B)  Multiple-family dwellings;

(C)  Churches and church facilities;

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

(E)  Public recreation areas and facilities;

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

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

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

17-16-030  Permitted uses; by special review. Go to the top

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

(A)  Child day care facility;

(B)  Noncommercial recreational uses;

(C)  Residential planned unit developments (PUD);

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

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

(F)  Municipal buildings;

(G)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities; and

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

17-16-040  Maximum density. Go to the top

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

17-16-050  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area (2 acres for schools, churches and church facilities)8,000 square feet
Lot width
Interior lot75 feet
Corner lot85 feet
Lot depth100 feet
Front yard25 feet
Rear yard
Principal building20 feet
Accessory building5 feet
Side yard10 feet for residential uses, 25 feet for other permitted principal buildings
Side yard (corner)20 feet for residential uses, 25 feet for other permitted principal buildings
Rear and side yard when adjacent to an A, E-1, E-2, or R-1 districtYard shall be 2 times the height of the adjacent building

Depth is increased twenty feet when rear lot line is adjacent to a street other than a local street; or if adjacent to a railroad, major utility overhead transmission line or a commercial or industrial zone. (Ord. 149 Art. 10 §5, 1973)

17-16-060  Building height. Go to the top

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

17-16-070  Open area. Go to the top

In the R-3 district, a minimum of 40% of the site shall be developed and maintained as open area for use by the occupants of the project. (Ord. 149 Art. 10 §7, 1973; Ord. 1364 §2, 1998)

17-16-080  General provisions. Go to the top

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


Chapter 17-18

R-5 High-Density Residential District

17-18-010  Intent. Go to the top

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

17-18-020  Permitted uses; by right. Go to the top

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

(A)  One-family dwellings;

(B)  Multiple-family dwellings;

(C)  Boardinghouses and roominghouses;

(D)  Fraternity and sorority houses;

(E)  Churches and church facilities;

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

(G)  Public recreation areas and facilities;

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

(I)  Automobile parking areas for permitted uses;

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

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

17-18-030  Permitted uses; by special review. Go to the top

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

(A)  Noncommercial recreational uses;

(B)  Residential planned unit developments (PUD);

(C)  Colleges and universities;

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

(E)  Hospitals, nursing homes, and sanitariums;

(F)  Medical and dental clinics;

(G)  Offices;

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

(I)  Municipal buildings;

(J)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

(K)  Child day care facilities; and

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

17-18-040  Maximum density. Go to the top

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

17-18-050  Lot and yard requirements. Go to the top

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

AreaMinimum Requirement
Lot area
Residential10,000 square feet
Churches2 acres
Other nonresidential20,000 square feet
Lot width
Interior lot100 feet
Corner lot100 feet
Lot depth100 feet
Front yard25 feet
Rear yard
Principal building20 feet
Accessory building5 feet
Side yard10 feet for residential uses, 25 feet for other permitted principal buildings
Side yard (corner)20 feet for residential uses, 25 feet for other permitted principal buildings
Rear and side yard when adjacent to A, E-1, E-2, or R-1 districtYard shall be twice the height of the adjacent building

Depth is increased twenty feet when rear lot line is adjacent to a street other than a local street; or if adjacent to a railroad, major utility overhead transmission line or a commercial or industrial zone. (Ord. 149 Art. 11 §5, 1973)

17-18-060  Building height. Go to the top

Maximum building height in the R-5 district shall not exceed two stories or thirty feet within 100 feet of the boundary of an E-1, E-2, or R-1 district. Beyond that distance, the building height may be greater, if approved by the city in accordance with chapter 17-30. (Ord. 149 Art. 11 §6, 1973)

17-18-070  Open area. Go to the top

In the R-5 district, a minimum of 40% of the site shall be developed and maintained as open area for use by the occupants of the project. (Ord. 149 Art. 11 §7, 1973; Ord. 1364 §3, 1998)

17-18-080  General provisions. Go to the top

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


Chapter 17-20

B-1 Limited Business District

17-20-010  Intent. Go to the top

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

17-20-020  Permitted uses; by right. Go to the top

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

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

(B)  Churches and church facilities;

(C)  Medical and dental laboratories;

(D)  Offices and clinics;

(E)  Municipal buildings;

(F)  Parking lots and parking garages;

(G)  Personal service shops;

(H)  Public and private schools;

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

(J)  Commercial recreational uses and theaters, indoor;

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

(L)  Retail stores;

(M) Accessory buildings and uses; and

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

17-20-030  Permitted uses; by special review. Go to the top

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

(A)  Gas stations;

(B)  Commercial recreational uses, outdoor;

(C)  Restaurants and other eating and drinking places, outdoor, including drive-in restaurants;

(D)  Undertaking establishments;

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

(F)  Hotels and motels;

(G)  Membership clubs;

(H)  Hospitals;

(I)  Printing and newspaper offices;

(J)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

(K)  Child day-care facilities;

(L)  Oil wells or gas wells;

(M) Tattoo parlors;

(N)  Wireless communications towers; and

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

17-20-040  Lot, yard, and related requirements. Go to the top

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

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

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

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

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

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

(F)  Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped. Said screening to occur between the parking area and the street, unless the parking lot is not viewable from the street. Landscaping shall also be provided within these large parking areas. This landscaped area shall represent not less than 5% of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 12 §4, 1973; Ord. 669 §1, 1986)

17-20-050  Building height. Go to the top

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

17-20-060  General provisions. Go to the top

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


Chapter 17-22

B-2 General Business District

17-22-010  Intent. Go to the top

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

17-22-020  Permitted uses; by right. Go to the top

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

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

(1)  Automobile sales and services;

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

(3)  Churches and church facilities;

(4)  Hotels and motels;

(5)  Membership clubs;

(6)  Offices and clinics;

(7)  Municipal buildings;

(8)  Parking lots and parking garages;

(9)  Public recreation areas and facilities;

(10)  Personal service shops;

(11)  Printing and newspaper offices;

(12)  Private schools;

(13)  Commercial recreational uses and theaters, indoor;

(14)  Restaurants and other eating and drinking places;

(15)  Retail and wholesale stores;

(16)  Accessory buildings and uses;

(17)  Pet shops;

(18)  Drive-in restaurants;

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

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

17-22-030  Permitted uses; by special review. Go to the top

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

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

(B)  Dairy processing and distribution;

(C)  Laundries and dry cleaning plants;

(D)  Small animal veterinary hospitals;

(E)  Plumbing, electrical, and carpenter shops;

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

(G)  Building supply yards;

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

(I)  Commercial Planned Unit Developments;

(J)  Car wash facilities;

(K)  Gas stations;

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

(M)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

(N)  Child day-care facilities;

(O)  Commercial recreational uses, outdoor;

(P)  Oil wells and gas wells;

(Q)  Small animal shelters;

(R)  Used car sales;

(S)  Wireless communications towers; and

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

17-22-040  Lot, yard, and related requirements. Go to the top

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

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

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

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

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

(E)  When abutting a residential district, the yard between the zone district boundary and any building shall be not less than three times the height of the proposed building. In addition, a solid fence six feet high shall be constructed on the zone district boundary. The city manager or his or her designee may require an eight-foot-high solid fence if there is at least a two-foot difference in the average elevation of the lots on either side of the district boundary between the B-2 district and the residential district; and

(F)  Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height, or earth mounds of an equal height that are landscaped. Said screening to occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these parking areas. This landscaped area shall represent not less than 5% of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 13 §4, 1973; Ord. 669 §2, 1986)

17-22-050  Building height. Go to the top

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

17-22-060  General provisions. Go to the top

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


Chapter 17-22

B-2 General Business District

17-22-010  Intent. Go to the top

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

17-22-020  Permitted uses; by right. Go to the top

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

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

(1)  Automobile sales and services;

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

(3)  Churches and church facilities;

(4)  Hotels and motels;

(5)  Membership clubs;

(6)  Offices and clinics;

(7)  Municipal buildings;

(8)  Parking lots and parking garages;

(9)  Public recreation areas and facilities;

(10)  Personal service shops;

(11)  Printing and newspaper offices;

(12)  Private schools;

(13)  Commercial recreational uses and theaters, indoor;

(14)  Restaurants and other eating and drinking places;

(15)  Retail and wholesale stores;

(16)  Accessory buildings and uses;

(17)  Pet shops;

(18)  Drive-in restaurants;

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

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

17-22-030  Permitted uses; by special review. Go to the top

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

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

(B)  Dairy processing and distribution;

(C)  Laundries and dry cleaning plants;

(D)  Small animal veterinary hospitals;

(E)  Plumbing, electrical, and carpenter shops;

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

(G)  Building supply yards;

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

(I)  Commercial Planned Unit Developments;

(J)  Car wash facilities;

(K)  Gas stations;

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

(M)  Public uses as follows:

(1)  Water facilities, including storage,

(2)  Wastewater treatment facilities, and

(3)  Related facilities;

(N)  Child day-care facilities;

(O)  Commercial recreational uses, outdoor;

(P)  Oil wells and gas wells;

(Q)  Small animal shelters;

(R)  Used car sales;

(S)  Wireless communications towers; and

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

17-22-040  Lot, yard, and related requirements. Go to the top

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

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

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

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

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

(E)  When abutting a residential district, the yard between the zone district boundary and any building shall be not less than three times the height of the proposed building. In addition, a solid fence six feet high shall be constructed on the zone district boundary. The city manager or his or her designee may require an eight-foot-high solid fence if there is at least a two-foot difference in the average elevation of the lots on either side of the district boundary between the B-2 district and the residential district; and

(F)  Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height, or earth mounds of an equal height that are landscaped. Said screening to occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these parking areas. This landscaped area shall represent not less than 5% of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 13 §4, 1973; Ord. 669 §2, 1986)

17-22-050  Building height. Go to the top

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

17-22-060  General provisions. Go to the top

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


Chapter 17-24

I-1 Limited Industrial District

17-24-010  Intent. Go to the top

The intent of the I-1 district is to accommodate limited commercial uses and limited or light industrial uses which by their nature and manner of development have no detrimental effect on their neighboring uses within or adjacent to the industrial area. Said uses are normally set within landscaped environments with well-designed buildings and totally enclosed operations. (Ord. 586 §1, 1984; Ord. 1900 §1, 2010)

17-24-020  Permitted uses; by right. Go to the top

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

(A)  Office and commercial uses, limited to the following:

(1)  Administrative, office, and research facilities;

(2)  Commercial services such as plumbing, electrical bakery, food catering, household equipment, and appliance rental and repairs;

(3)  Commuter and business parking;

(4)  Indoor entertainment and commercial recreation such as sports arenas, fitness clubs and facilities for volleyball, bowling, soccer, skating, and similar activities;

(5)  Medical clinics;

(6)  Membership; clubs;

(7)  Restaurants or food service intended to serve the industrial employment population or other food service when sec-ondary to the primary permitted use;

(8)  Retail sales and service businesses;

(9)  Sexually oriented businesses, subject to chapter 5-36, B.M.C.;

(10)  Studios for arts, crafts and instruction such as dance, yoga and martial arts; and

(11)  Temporary sales stands, subject to chapter 17-31, B.M.C.

(B)  Institutional, public and service uses, limited to the following:

(1) Churches and church facilities;

(2)  Day-care facilities;

(3)  Municipal facilities such as, but not limited to, water and wastewater treatment plants, police station, fire station, street and parks maintenance shops and yards;

(4)  Outdoor parks, ball fields, and similar facilities;

(5)  Public and private utilities and facilities with indoor operations;

(6)  Railroad facilities;

(7)  Vocational schools; and

(8)  Wireless communications towers and facilities, subject to chapter 17-35, B.M.C.

(C)  Light industrial uses, limited to the following:

(1)  Assembly processing, treatment, storage, or packaging of products from previously prepared materials such as food, beverages, appliances, electronics, furniture, business machines, and pharmaceuticals;

(2)  Experimental or testing laboratories;

(3)  Indoor storage, including mini-warehouses and self-storage facilities which may include a single dwelling unit for an on-site caretaker unit;

(4)  Manufacturing, processing and packaging of medical and pharmaceutical supplies, precision or electronic instru-ments, parts, or tools;

(5)  Outdoor storage of equipment, vehicles, and materials used in conjunction with the principal use, limited to no more than 10% of the lot area, and enclosed and screened by a fence or wall as defined in section 17-32-140, B.M.C.;

(6)  Outdoor parking of vehicles for service, delivery, and related purposes when used in conjunction with the principal use and in operable conditions with current license plates;

(7)  Printing;

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

(9)  Retail sales and service businesses;

(10)  Warehouse distribution and wholesale uses; and

(11)  Workshops and developments with up to five live-work units.

(D)  Accessory uses:

(1)  Accessory buildings and uses, including solar arrays. (Ord. 1900 §2, 2010)

17-24-030  Permitted uses; by special review. Go to the top

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

(A)  Office and commercial uses, limited to the following:

(1)  Animal hospitals, day-cares or kennels with at least 200 feet from any residential-zoned property;

(2)  Other commercial, business, and services not listed as a permitted use; and

(3)  Gasoline sales.

(B)  Institutional, public and service uses, limited to the following:

(1)  Helipads;

(2)  Public and private utilities and facilities with outdoor storage and operations; and

(3)  Wireless communications towers and facilities, subject to chapter 17-35, B.M.C.

(C)  Light industrial uses, limited to the following:

(1)  Oil wells or gas wells, subject to chapter 17-45, B.M.C.;

(2)  Outdoor storage of equipment, vehicles, and materials exceeding the lot percent limitations defined in paragraph 17-24-020(C)(5), and enclosed and screened by a fence or wall as defined in section 17-32-140, B.M.C.;

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

(4)  Workshops and developments with more than five live-work units. (Ord. 1900 §3, 2010)

17-24-040  Lot, yard, and related requirements. Go to the top

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

(A)  All buildings shall be twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

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

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

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

(E)  When abutting a residential district, buildings shall be set back from the property line abutting the residential district a distance of not less than three times the height of the proposed building. In addition, a solid fence or wall is required for screening outdoor storage subject to section 17-32-140, B.M.C.; and

(F)  Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped. Said screening shall occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these large parking areas. This landscaped area shall represent not less than 5% of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 14 §4, 1973; Ord. 669 §3, 1986; Ord. 1900 §4, 2010)

17-24-050  Building height. Go to the top

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

17-24-060  General provisions. Go to the top

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


Chapter 17-25

Neighborhood Overlay Area

17-25-010  Intent. Go to the top

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

17-25-020  General provisions. Go to the top

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

17-25-030  Map designation. Go to the top

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

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

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

(C)  Other land within the city may be designated as neighborhood overlay area. (Ord. 1548 §1, 2002)

17-25-040  Relationship to underlying zone district. Go to the top

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

17-25-050  Development requirements. Go to the top

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

(A)  Residential.

(1)  Lot coverage for single-family uses. Total lot coverage for all built structures, including accessory buildings, attached and detached garages, and the principal residence, excluding decks, shall not exceed 2,500 square feet, maximum total footprint, on any lot up to 7,000 square feet. On lots greater than 7,000 square feet, lot coverage for all built structures, including accessory buildings, attached and detached garages, and the principal residence, excluding decks, shall not exceed 35% of the total lot area.

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

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

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

(5)  Building materials. The combined exterior wall surfaces on residences and attached or detached garages shall not be less than 50% masonry for the entire structure, excluding doors and windows. Walls facing the street must be at least 50% masonry. Masonry materials credited towards this requirement are brick, stucco, flagstone and river rock/cobble. Second story additions to existing residences and gable ends are exempt from this requirement and not included when calculating the fifty percent minimum requirement.

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

(B)  Commercial.

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


Chapter 17-25.1

Transitional Overlay Area District

17-25.1-010  Intent. Go to the top

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

17-25.1-020  General provisions. Go to the top

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

17-25.1-030  Map designation. Go to the top

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

17-25.1-040  Relationship to underlying zone district. Go to the top

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

17-25.1-050  Development requirements. Go to the top

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

(A)  Permitted uses.

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

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

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

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

(C)  Minimum lot size. The minimum lot size for a residential use or a transitional use shall be one acre.

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

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

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

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

(H)  Building-architectural style.

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

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

(3)  Four-sided architecture is required.

(4)  Rooftop mechanical equipment is prohibited.

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

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

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

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

(J)  Buffer area. The intent of the buffer area is to provide a visual and physical separation of nonresidential uses as described in this chapter, from adjacent residential uses. The buffer area shall consist of any combination of sound walls or landforms (berms), and trees. These elements shall be located in the northern end of the lot and at the sides of the lot if adjacent to residential or agricultural use. The buffer area on the northern end of the lot shall have a minimum depth equal to 25% of the north-south lot depth. The landscape buffer area at the north end of the lot shall include a berm, generally located near the center of the buffer area, with an average height above grade of six feet or a sound wall minimum six feet in height, and a quantity of trees of varying species. Drought-tolerant grasses are also encouraged in this area. The landscape buffer area at the north end of the lot shall include a minimum of one tree for each 1,000 square feet of buffer area. The trees shall be located so as to screen buildings and parking from adjacent residential uses. A mix of coniferous and deciduous trees shall be provided. The minimum height of coniferous trees is six feet. The minimum caliper of deciduous trees is two and one-half inches. The landscape-buffer area may be reduced to fifty feet when a residential or agricultural use is adjacent to the side yard of the transitional use.

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

(L)  Site design and building orientation.

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

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

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

(4)  A minimum of 40% open area (as defined in section 17-04-302, B.M.C.), shall be provided in a transitional area.

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

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

(M) Transit, circulation, and parking.

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

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

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

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

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

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

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

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


Chapter 17-26

I-2 General Industrial District

17-26-010  Intent. Go to the top

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

17-26-020  Permitted uses; by right. Go to the top

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

(A)  Office and commercial uses permitted by right in the I-1 district (section 17-24-020, B.M.C.), except for day-care facilities, and also permitting the following:

(1)  Animal hospitals, day-cares or kennels when at least 200 feet from residential-zoned property;

(2)  Building supply yards, or contractor storage yards enclosed and screened by a fence or wall as defined in section 17-32-140, B.M.C.;

(3)  Gasoline sales;

(4)  Nurseries and greenhouses and including retail sales.

(B)  Institutional, public, and service uses permitted by right in the I-1 district (section 17-24-020, B.M.C.), and also permitting the following:

(1)  Public and private utilities and facilities with outdoor storage or operations.

(C)  Light industrial uses permitted in the I-1 district (chapter 17-24, B.M.C.), and also permitting the following:

(1)  Manufacturing, treatment, assembling, packaging, process, storage, and distribution of any commodity except as provided in section 17-26-030;

(2)  Outdoor storage of equipment, vehicles, and materials used in conjunction with the principal use, limited to no more than 40% of the lot area, and enclosed and screened by a fence or wall as defined in section 17-32-140;

(3)  Recycling center for the collection, separation, and temporary storage of reusable materials prior to shipment or delivery for further processing and reuse. Operations must be fully enclosed within a building; and

(4)  Retail sales, service, rental, repair, and manufacture of vehicles and machinery.

(D)  Accessory uses including, but not limited to, the following:

(1)  Accessory buildings and uses including solar arrays. (Ord. 1900 §5, 2010)

17-26-030  Permitted uses; by special review. Go to the top

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

(A)  Commercial uses, limited to the following:

(1)  Other commercial, business, manufacturing, processing, storage, and other service uses not listed as a permitted use.

(B)  Institutional, public, and service uses, limited to the following:

(1)  Day-care facilities;

(2)  Helipads;

(3)  Wireless communication towers and facilities, subject to chapter 17-35, B.M.C.

(C)  Industrial uses, limited to the following:

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

(2)  Manufacturing, assembly, packaging, processing, storage, and distribution of raw vegetable and animal products;

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

(4)  Oil wells or gas wells, subject to chapter 17-54, B.M.C.;

(5)  Outdoor storage of equipment, vehicles and materials used in conjunction with the principal use and exceeding the lot percent limitations defined in paragraph 17-26-020(C)(2), and enclosed and screened by a fence or wall as defined in section 17-32-140;

(6)  Recycling center with any outdoor operations for the collection, separation, and temporary storage of reusable materials prior to shipment or delivery for further processing and reuse. Operations must be enclosed and screened by a fence or wall as defined in section 17-32-140;

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

(8)  Workshops and developments with more than five live-work units;

(9)  Any other use consistent with the intent of this district, and not specifically permitted by right or by special review in any other zone district. (Ord. 1900 §6, 2010)

17-26-040  Lot, yard, and related requirements. Go to the top

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

(A)  All buildings shall be a minimum of twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

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

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

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

(E)  When abutting a residential district, buildings shall be set back from the property line abutting the residential district a distance of not less than three times the height of the proposed building. In addition, a solid fence or wall is required for screening outdoor storage subject to section 17-32-140, B.M.C.; and

(F)  Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped, said screening shall occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these large parking areas. The landscaped area shall represent not less than 5% of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 149 Art. 15 §4, 1973; Ord. 669 §4, 1986; Ord. 1900 §7, 2010)

17-26-050  Building height. Go to the top

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

17-26-060  General provisions. Go to the top

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


Chapter 17-26.05

I-3 Industrial District

17-26.05-010  Intent. Go to the top

The intent of the I-3 district is to accommodate certain industrial uses which may generate moderate external effects such as smoke, vapor, noise, light, glare, vibration, and odor beyond the zone district in which they are located. The I-3 district may also accommodate limited commercial and light or general industrial uses to support business and employment diversification. A use by special review is appropriate for such industrial uses to ensure the location is appropriate and the site design and any mitigation of any external effects are optimized. I-3 uses are not permitted adjacent to residential-zoned land unless approved through section 17-26.05-030, B.M.C. (Ord. 1900 §8, 2010)

17-26.05-020  Permitted uses; by right. Go to the top

The following uses are permitted by right in the I-3 district, provided that they are conducted to confine all dust, fumes, odors, refuse matter, smoke, vapor, noise, lights, glare, and vibrations within the boundaries of the I-3 district in which they are located or that they mitigate such impacts on the adjacent uses:

(A)  Office and commercial uses, limited to the following:

(1)  Administrative, office, and research facilities;

(2)  Animal hospitals, day-cares or kennels when at least 200 feet from residential-zoned property;

(3)  Building supply yards or contractor storage yards enclosed and screened by a fence or wall as defined in section 17-32-140, B.M.C.;

(4)  Commercial services such as plumbing, electrical, bakery, food catering, household equipment, and appliance rental and repairs;

(5)  Commuter and business parking;

(6)  Gasoline sales;

(7)  Nurseries and greenhouses and including retail sales;

(8)  Sexually oriented businesses, subject to chapter 5-36, B.M.C.; and

(9)  Temporary sales stands, subject to chapter 17-31, B.M.C.

(B)  Institutional and public uses, limited to the following:

(1)  Municipal facilities such as, but not limited to, water and wastewater treatment plants, police station, fire station, street and parks maintenance shops and yards;

(2)  Public and private utilities and facilities with indoor operations;

(3)  Public and private utilities and facilities with outdoor storage or operations;

(4)  Railroad facilities;

(5)  Vocational schools; and

(6)  Wireless communication towers and facilities, subject to chapter 17-35, B.M.C.

(C)  Industrial uses, limited to the following:

(1)  Commercial and light industrial business, manufacturing, processing, storage, and related uses;

(2)  Indoor storage including mini-warehouses and self-storage facilities which may include a single dwelling unit for an on-site caretaker;

(3)  Manufacturing, processing, and packaging of medical and pharmaceutical supplies, precision, or electronic instruments, parks and tools;

(4)  Manufacturing, treatment, assembly, packaging, processing, storage, and distribution of any commodity except as provided in section 17-26-030, B.M.C.;

(5)  Outdoor storage of equipment, vehicles and materials used in conjunction with the principal use enclosed and screened by a fence or wall as defined in section 17-32-140;

(6)  Outdoor parking of vehicles of service, delivery, and related purposes when used in conjunction with the principal use and in operable conditions with current license plates;

(7)  Recycling center for the collection, separation, and temporary storage of reusable materials prior to shipment or delivery for further processing and reuse. Operations must be fully enclosed within the building;

(8)  Retail sales, service, rental, or repair of products related to the permitted use;

(9)  Warehousing, distribution, and wholesale uses; and

(10)  Workshops.

(D)  Accessory uses:

(1)  Accessory building and uses including solar arrays. (Ord. 1900 §8, 2010)

17-26.05-030  Permitted uses; by special review. Go to the top

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

(A)  Offices and commercial uses, limited to the following:

(1)  Other commercial, business, manufacturing, storage, and other service uses not listed as a permitted use.

(B)  Institutional, public, and service uses, limited to the following:

(1)  Helipads; and

(2)  Wireless communications towers and facilities, subject to chapter 17-35, B.M.C.

(C)  Industrial uses, limited to the following:

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

(2)  Chemical plants;

(3)  Fertilizer manufacturing;

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

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

(6)  Oil wells or gas wells, subject to chapter 17-54, B.M.C.

(7)  Recycling center for the collection, separation, and temporary storage of reusable materials prior to shipment or delivery for further processing and reuse. Operations must be enclosed and screened by a fence or wall as defined in section 17-32-140, B.M.C.

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

(9)  Any other use consistent with the intent of the district, and not specifically permitted by right or by special review in any zone district. (Ord. 1900 §8, 2010)

17-26.05-040  Lot, yard and related requirements. Go to the top

The following are minimum lot, yard, and related requirements in the I-3 district:

(A)  All buildings shall be twenty-five feet from any street right-of-way and twenty-five feet from any alley centerline;

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

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

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

(E)  When abutting a residential district, buildings shall be set back from the property line abutting the residential district a distance of not less than seventy-five feet or three times the height of the proposed building, whichever is greater. In addition, a solid fence or wall is required for screening subject to section 17-32-140, B.M.C.

(F)  Large parking areas in excess of fifty spaces shall, in addition to the landscaping required along the street in the setback area, also be screened by a low decorative masonry wall of three to four feet in height or earth mounds of an equal height that are landscaped. Said screening shall occur between the parking area and the street, unless the parking lot is not visible from the street. Landscaping shall also be provided within these large parking areas. The landscaped area shall represent not less than 5% of the total asphalted or paved parking area. The required setback landscaping shall not be considered as a part of the required parking area landscaping. (Ord. 1900 §8, 2010)

17-26.05-050  Building height. Go to the top

Buildings in the I-3 district shall not exceed a height of forty feet unless approved by the city in accordance with chapter 17-30, B.M.C. (Ord. 1900 §8, 2010)

17-26.05-060  General provisions. Go to the top

Use of land in the I-3 district shall also conform to the parking, loading signing and other provisions of this title. (Ord. 1900 §8, 2010)


Chapter 17-26.1

A-1 District

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

The zoning and use requirements of the A-1 Agricultural District of Adams County, Colorado, as such requirements existed as of November 2, 2001, were adopted in section 17-06-050, as the uses and requirements permitted for certain areas annexed into the city from Adams County, as of the date those areas were annexed into the city. The zoning and use requirements of the A-1 Agricultural District of Adams County, Colorado, in place as of November 2, 2001, and all zoning and use requirements set forth therein, including uses permitted by right, but excluding all conditional uses, temporary uses, certificates of designation uses, and certain special uses, are hereby adopted by reference as the A-1 District in this title 17. The A-1 District as set forth in this chapter 17-26-1 shall apply to all areas annexed into the city, subject to the provisions of this title 17. (Ord. 1836 §2, 2006)

17-26.1-020  Permitted uses; by right. Go to the top

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

17-26.1-030  Permitted uses; special review. Go to the top

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

(A)  Christmas tree lots;

(B)  Churches, places of worship;

(C)  Class instruction in residence;

(D)  Fire station;

(E)  Oil well drilling and production; and

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

17-26.1-040  Copy on file. Go to the top

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


Chapter 17-27

GA General Aviation District

17-27-010  Intent. Go to the top

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

17-27-020  Permitted uses; by right. Go to the top

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

(A)  Airport administrative offices;

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

(C)  Airport facilities, runways, taxiways, aircraft parking and storage, and hangers;

(D)  Automobile parking areas;

(E)  Aircraft sales, service, maintenance;

(F)  Aircraft fueling stations;

(G)  Aircraft training schools and facilities;

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

(I)  Air freight facilities and storage;

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

(K)  Manufacture of aircraft and airport related products;

(L)  Accessory buildings and uses; and

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

17-27-030  General provisions. Go to the top

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

17-27-040  Permitted uses; by special review. Go to the top

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

(A)  Oil wells;

(B)  Gas wells; and

(C)  Wireless communications towers. (Ord. 968 §14, 1993; Ord. 1194 §6, 1996; Ord. 1514 §7, 2000)


Chapter 17-28

PUD Planned Unit Development District

17-28-010  Intent. Go to the top

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

17-28-020  Permitted uses; by right. Go to the top

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

17-28-030  Permitted uses; by special review. Go to the top

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

(A)  Uses shown on the PUD plan; and

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

17-28-040  General provisions. Go to the top

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

17-28-050  Map designations. Go to the top

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

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

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

(C)  I-PUD indicates a PUD zone for industrial use only. (Ord. 149 Art. 16 §5, 1973)


Chapter 17-29

Interchange Influence Area

17-29-010  Intent. Go to the top

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

17-29-020  General provisions. Go to the top

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

17-29-030  Map designation. Go to the top

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

17-29-040  Relationship to underlying zone district. Go to the top

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

17-29-050  Development requirements. Go to the top

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

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

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

(2)  Minor arterial/connector – thirty feet;

(3)  Local street – twenty feet;

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

(5)  Internal project property line – twenty feet.

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

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

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

(C)  Landscaping. All rights-of-way and setbacks are to be landscaped and maintained by property owners as follows:

(1)  At least 25% of all sites shall be landscaped areas, hard surface landscapes, public plazas, walks, and sidewalks. This shall be in addition to any required public land dedication.

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

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

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

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

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

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

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

a.  Between similar uses. Provide a minimum fifteen-foot planting strip containing at least one tree per twenty lineal feet and a screen hedge of evergreen and deciduous shrubs a minimum of three feet in height at maturity along a minimum of 50% of the shared perimeter.

b.  Between dissimilar uses. Provide a minimum thirty-foot planting strip containing a minimum three-foot high berm for at least 50% of the shared perimeter and at least one tree per twenty lineal feet and a screen hedge of evergreen and deciduous shrubs a minimum of five feet in height at maturity along a minimum of 50% of the shared perimeter.

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

d.  Parking lots. The following minimum amounts of landscaping must be provided in and around parking lots (plantings required for street edge and perimeter planting areas may not be counted in meeting this requirement): 10% of parking lots with less than 500 spaces shall be landscaped, 8% of parking lots with less than, or 1,000, spaces shall be landscaped, and 5% of parking lots with more than 1,000 spaces shall be landscaped. A minimum of one tree per ten parking spaces is required. The ends of parking rows must have six-foot wide planting islands with a minimum of two shade trees and eight shrubs. Parking lots with more than 100 spaces must provide landscaped medians between every fourth parking row with at least one shade tree and eight shrubs for every thirty lineal feet of median. Projects with more than 500 parking spaces may submit parking plans which demonstrate that the visual impacts of the parking lots are minimized as an alternative to these requirements.

(D)  Sidewalks.

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

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

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

(1)  Distance between signalized intersection:

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

(2)  Minimum distance from access point to intersection:

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

(3)  Minimum distance between access points:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3)  Billboards are prohibited.

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

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

(K)  Lighting.

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

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

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

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

17-29-060  Prohibited uses. Go to the top

(A)  Mobile homes or modular housing.

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

(C)  Truck, trailer, heavy machinery, or farm equipment storage or service.

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

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

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

(G)  Automobile sales or storage.

(H)  Mini-storage of warehousing facilities.

(I)  Animal kennels.

(J)  Chemical manufacturing plants.

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

(L)  Fertilizer manufacturing.

(M) Aggregate plants.

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

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

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


Chapter 17-30

Uses Permitted by Special Review

17-30-010  Approval required. Go to the top

Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the planning and zoning commission. (Ord. 149 Art. 17(part), 1973; Ord. 1111 §19, 1995; Ord. 1935 §31, 2011)

17-30-020  Request; submittal when. Go to the top

All requests for a use permitted by special review shall be submitted in writing to the secretary of the planning and zoning commission meeting and shall include an application fee of $500.00. (Ord. 149 Art. 17 §1(1), 1973; Ord. 1111 §20, 1995; Ord. 1692 §1, 2002; Ord. 1935 §32, 2011)

17-30-030  Application; contents. Go to the top

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

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

(C)  The application for uses permitted by special review for wireless communications towers shall follow the application requirements set forth in chapter 17-35, B.M.C. (Ord. 149 Art. 17 §1(2), 1973; Ord. 750 §4, 1987; Ord. 967 §2, 1993; Ord. 1026 §3, 1994; Ord. 1111 §21, 1995; Ord. 1194 §8, 1996; Ord. 1514 §9, 2000; Ord. 1935 §33, 2011)

17-30-040  Request; review. Go to the top

The planning and zoning commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C.

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

(B)  For oil and gas wells or injection wells, the review criteria shall be the factors set forth in section 17-54-080. (Ord. 516 §6, 1983; Ord. 967 §3, 1993; Ord. 1111 §22, 1995; Ord. 1935 §34, 2011)

17-30-050  Request; recommendation; conditions. Go to the top

After completing its review of a special review request, the planning and zoning commission shall submit its written report and recommendation to the city council. The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community. (Ord. 149 Art. 17 §1(4), 1973; Ord. 1147 §2, 1995; Ord. 1935 §35, 2011)

17-30-060  Request; approval, conditional approval; denial. Go to the top

The city council shall consider the request and the planning and zoning commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section 17-30-040. The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter 17-52. (Ord. 516 §7, 1983; Ord. 1111 §23, 1995; Ord. 1935 §36, 2011)

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

Any decision of the planning and zoning commission or city council on special reviews shall state in the official minutes the reasons for such decision. (Ord. 149 Art. 17 §1(6), 1973; Ord. 1111 §24, 1995; Ord. 1935 §37, 2011)

17-30-090  Approval; period; void when. Go to the top

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

17-30-100  Special considerations. Go to the top

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

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

(B)  Child day care facilities; provided that:

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

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

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

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

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

(E)  Colleges and universities in the R-5 district; provided that the total area is at least forty acres and that buildings are located at least 100 feet from all lot lines.

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

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

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

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

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

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

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


Chapter 17-31

Temporary Sales Stands

17-31-010  Approval required. Go to the top

Temporary retail sales uses and structures, except flea markets, are allowed in the I-1, I-2, I-3, B-1 and B-2 zone districts upon approval by the city manager or his or her designee. (Ord. 768 §1, 1988; Ord. 1682 §4, 2002; Ord. 1930 §1, 2010)

17-31-020  Application requirements. Go to the top

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

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

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

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

(D)  Written description of proposed business operation;

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

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

17-31-030  Conditions for approval. Go to the top

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

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

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

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

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

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

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

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

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

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

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

17-31-040  Time limits. Go to the top

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

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

(Ord. 768 §1, 1988)

17-31-050  Maintenance standards. Go to the top

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

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

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


Chapter 17-32

Accessory Buildings and Uses

17-32-010  Accessory building and use defined. Go to the top

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

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

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

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

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

(1)  Home occupations;

(2)  Household pets;

(3)  Signs;

(4)  Off-street parking areas;

(5)  Off-street loading areas;

(6)  Fences, hedges, and walls;

(7)  Private greenhouse;

(8)  Private swimming pool;

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

(10)  Fallout shelters;

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

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

17-32-020  Home occupations. Go to the top

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

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

(C)  A home occupation shall be allowed as a permitted accessory use, subject to the following regulations:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17-32-030  Household pets. Go to the top

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

17-32-040  Off-street parking; required spaces. Go to the top

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

Building TypeSpaces Required
Auto repair shop1 for each 150 sq. feet of gross floor space or for each employee
Auto or truck implement and mobile home sales1 for each employee
Animal hospital or kennel1 for each employee
Boardinghouse or lodging house or tourist home1 for each guest bedroom and resident family
Commercial recreation (not specifically mentioned)1 for each 200 sq. feet of gross floor space or for each employee
Car wash1 for each employee
Single-family and two-family residential dwelling2 per dwelling unit
Multiple dwellings
1 bedroom1.5 per unit
2 bedroom2 per unit
3 bedroom2.5 per unit
4 bedroom3 per unit
Each additional bedroom over 43 (plus ½ space per additional bedroom)
Gas station1 for each 150 sq. feet of gross floor space
Hotel, motel1 per guest bedroom plus 1 space for each 3 employees
Membership building1 for each 6 members
Mobile home park2.2 per mobile home
Professional office in a residential building1 per 100 sq. feet of floor space used by such office
Auditorium, stadium, theater, convention hall, or similar place of public use1 for each 4 seats (bench capacity computed at 1 seat for each 20 inches)
Bowling alley3 for each lane
Churches1 for each 7 seats in principal place of assembly
Drive-in restaurant or stand1 for each 25 sq. feet of floor space
Funeral home1 for each 175 sq. feet of assembly room
Hospital1 per bed
Manufacturing, processing, or bottling1 for each 2 employees on maximum shift or not less than 1 for each 200 sq. feet of gross floor area
Medical office or clinic1 for each 150 sq. feet of gross floor space
Offices and office buildings1 for each 300 sq. feet of gross floor space
Private schools (commercial)1 for each 50 sq. feet of gross floor space
Public library, gallery, museum1 for each 300 sq. feet of gross floor space
Research institute or laboratory1 for each 2 employees per maximum shift, or 1 for each 500 sq. feet gross floor area, whichever is greater
Restaurants, cafes, and drinking places1 for each 150 sq. feet of gross floor space
Retail store, shop, bank1 for each 200 sq. feet of gross floor space
Elementary, junior high school, and private schools (noncommercial)1 for each ½ classroom or parking required for auditorium, whichever is greater
Senior high school1 for each ¼ classroom, and parking required for auditorium
Warehouses and storage buildings1 for each employee, or 1 for each 800 sq. feet gross floor area, whichever is greater
Child day care facility1 per 2 staff employees or staff volunteers, 1 per 8 children, 1 per each child day care facility vehicle

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

(C)  Compact spaces may comprise no more than 40% of all parking spaces provided. Compact spaces must be signed as compact parking spaces.

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

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

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

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

17-32-050  Off-street parking; off premises. Go to the top

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

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

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

17-32-070  Off-street parking; access requirements. Go to the top

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

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

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

17-32-080  Off-street parking and additional parking surface requirements. Go to the top

(A)  All vehicles, as defined in article II, section 102(88) of the Model Traffic Code, shall be parked in off-street parking spaces or areas as defined in this section, and no more than 20% of the total square footage of a residential lot can be used for off-street parking.

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

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

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

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

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

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

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

17-32-090  Off-street parking; screening requirements. Go to the top

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

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

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

17-32-100  Off-street parking; lighting requirements. Go to the top

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

17-32-110  Off-street parking; prohibited where. Go to the top

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

17-32-120  Off-street parking; joint use permitted when. Go to the top

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

17-32-130  Off-street parking; other use; replacement space required. Go to the top

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

17-32-140  Fences, hedges, and walls. Go to the top

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

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

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

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

(3)  Fences in the B-1, B-2, I-1, I-2, and I-3 districts may be up to eight feet in height except as required in paragraph (4) below; and

(4)  Fences are required for screening outdoor storage of equipment machinery and vehicles and any permitted outdoor operations in the I-1, I-2, and I-3 districts. Said fences must be between six feet and ten feet in height depending on site conditions, such as topography and views to the site. The specific fence height shall be determined through the permit review process. The intent is to maximize screening of outdoor equipment, machinery, and vehicle storage from adjacent properties and public streets.

(5)  Sound walls along arterial roadways up to ten feet in height or as approved by the city manager or his or her designee.

(B)  No fence, hedge, wall, shrubbery, or sign shall interfere with the vision of motorists at any intersection.

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

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

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

(F)  All outdoor swimming pools, hot tubs, and spas shall be enclosed by a barrier as required by International Residential Code Appendix G.

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

(H)  Fences in an I-1 or I-2 districts:

(1)  When required for screening outdoor storage or operations, fencing must be one of the following: chain-link with inserted slats; mesh privacy or wind screen material with opaque screening levels of 80% or greater; wood privacy; vinyl privacy; or a solid material. Solid materials may include stucco, brick, stone, including veneers, vinyl, or comparable material providing a fully opaque screening level. When screening is required along arterial streets or highways, the enclosure must be of a solid material listed above.

(2)  May include up to four strands of barbed wire. This barbed wire must be a minimum of six feet and a maximum of eight feet from the ground. The barbed wire segment may be placed at a forty-five-degree angle.

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

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

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

(3)  Electric fences are permitted as internal fences but not as external fences. (Ord. 669 §5, 1986; Ord. 678 §2, 1986; Ord. 1365 §2, 1999; Ord. 1878 §1, 2008; Ord. 1923 §1, 2010; Ord. 1927 §3, 2011)

17-32-150  Outside storage; inoperative automobiles. Go to the top

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

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


Chapter 17-34

Supplementary Regulations

17-34-010  Lot area and width; sewage system required. Go to the top

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

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

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

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

17-34-020  Yards. Go to the top

(A)  Major highway setback. The setback for any yard adjacent to a major highway as designated on the zoning district map shall be 110 feet from the centerline of the right-of-way; except that where more than 50% of the block is developed with buildings having less setback, the average front line of such buildings shall be the minimum setback requirement for all new construction in such developed block.

(B)  Developed areas. In any district where lots comprising 50% or more of the frontage on one side of a street between intersecting streets have been improved with buildings at the time of passage of the ordinance codified in this title, the average front yard or setback of such buildings shall be the minimum front yard or setback required for all new construction in such block. Vacant lots shall be calculated at the present setback requirement to determine the block average. In no instance shall the setback be less than ten feet.

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

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

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

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

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

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

17-34-030  Building height. Go to the top

(A)  All dwellings shall be constructed with at least 50% of the roof surface higher than seven feet from grade.

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

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

17-34-040  Radio antennae and towers. Go to the top

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

17-34-050  Wind-powered mechanical and electrical equipment. Go to the top

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

17-34-060  Refuse and recycling areas. Go to the top

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

(B)  Significantly remodeled, for purposes of this section, means structures where the value of additions or renovations is 50% or more of the fair market value of the structure prior to the additions or renovations. The value of the additions shall be as determined by the chief building official or the chief building official's authorized representative. The fair market value of the structure shall be the current actual value of the structure as determined by the county assessor. A party who disagrees with the decision of the chief building official or his or her authorized representative may appeal the decision to the planning and zoning commission.

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

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

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

(F)  Refuse and recycling areas shall be enclosed such that they are screened from public view. The enclosure shall be constructed of durable materials, such as masonry, and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be painted to match the enclosure, and shall be properly maintained. (Ord. 1739 §2, 2003; Ord. 1935 §38, 2011)


Chapter 17-35

Wireless Communications Facilities

17-35-010  Definitions. Go to the top

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

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

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

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

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

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

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

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

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

17-35-020  Administrative approval. Go to the top

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

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

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

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

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

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

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

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

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

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

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

(G)  If an administrative approval is denied, the applicant may file a new application for special review in accordance with section 17-35-030. (Ord. 1514 §1, 2000; Ord. 1935 §43, 2011)

17-35-030  Application requirements for wireless communications facilities. Go to the top

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

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

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

(3)  True north arrow;

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

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

(6)  For towers, location of access roads;

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

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

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

(C)  Narrative. The application shall include the following in narrative form:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17-35-040  Use by special review. Go to the top

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

17-35-050  Review criteria for wireless communications towers. Go to the top

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

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

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

(C)  The narrative for the application complies with the requirements of subsection 17-35-030(C);

(D)  When applicable, compliance with the setback and height requirements of section 17-35-070. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000; Ord. 1935 §44, 2011)

17-35-060  Exemption for governmental purpose. Go to the top

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

17-35-070  Height and setback requirements; lighting. Go to the top

(A)  Building mounted wireless communications facilities mounted on a wall of an existing building must be mounted as flush with the wall as technically possible and shall not project above the wall on which mounted, unless sufficient screening methods are demonstrated and accepted as part of the approval.

(B)  Building mounted wireless communications facilities may be attached to an existing penthouse or existing mechanical equipment enclosure which projects above the roof of a building but may not project any higher than the penthouse or enclosure. Such antennas and related accessory equipment must be completely screened from view by materials that are consistent and compatible with building design, color, and materials.

(C)  Applicable zoning setback requirements of this title must be met. At a minimum, all wireless communications towers shall be set back a distance equal to at least the height of the tower from any adjoining lot line. Guys and accessory buildings must satisfy the minimum zoning setback requirements.

(D)  Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Such lighting shall not, unless required by the FAA or other applicable authority, include strobe lights, and if a strobe light is required, then red shall be preferred over white, and if a white (constant or strobe) light is required, then the lowest approved intensity white must be used. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-080  No expansion or alteration of nonconforming use. Go to the top

Towers and monopoles that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion or alteration of a nonconforming use or structure. (Ord. 1514 §1, 2000)

17-35-090  Special mitigation measures; co-location. Go to the top

The city encourages co-location of wireless communications facilities to minimize the number of sites.

(A)  No wireless communications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the administratively approved use, use by special review, or site development plan.

(B)  If a competitor attempts to co-locate a facility on an existing or approved facility or location, and the parties cannot reach agreement, the city may require a third party technical study at the expense of either or both of the parties to determine the feasibility of co-location. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-100  Abandonment. Go to the top

At the request of the city, the operator must furnish a statement to the city indicating the operational status of the facility, and without such request must notify the city if use of a facility has been discontinued or transferred to another entity. If the use has been discontinued, the date on which the facility was last used shall be provided. Wireless communications facilities, including accessory equipment, not used for a continuous period of six months shall be disassembled within twelve months of the last use. If abandoned facilities are not removed, the city may have the facilities removed at the applicant's expense. If two or more providers of wireless communications service use an antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such users. Failure to remove shall constitute a public nuisance. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-110  Prohibition; penalty. Go to the top

(A)  No person shall locate a wireless communications facility upon any lot or parcel except as provided in this chapter.

(B)  Preexisting towers or antennas shall not be required to meet the requirements of this subsection, and shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with requirements of this chapter under a new application.

(C)  Any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any wireless communications facility in violation of any provision of this chapter or of the conditions and requirements of the special use permit, may be punished as provided in chapter 1-12, B.M.C. Each day of unlawful operation constitutes a separate violation. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-120  Civil action. Go to the top

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of a wireless communications facility special use permit or administrative approval, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)


Chapter 17-36

Nonconforming Uses

17-36-010  Intent. Go to the top

The intent of this chapter is to specify the conditions upon which certain nonconforming buildings or uses may be continued or altered, and the conditions upon which said uses shall be terminated. This chapter shall not apply to signs, which are subject to chapter 17-44, B.M.C., or to buildings in the RR Rural Residential District, which are subject to chapter 17-09, B.M.C., or to buildings in the E-3 Estate District, which are subject to chapter 17-13, B.M.C. (Ord. 856 §3, 1989; Ord. 1365 §3, 1999; Ord. 1593 §1, 2001)

17-36-020  Nonconforming uses and buildings. Go to the top

Nonconforming uses and buildings may be continued or altered, subject to the following conditions:

(A)  A nonconforming use or building shall not be expanded, enlarged, or relocated.

(B)  Whenever less than 50% of a nonconforming use or building has been destroyed for any reason, such use or building may be restored to its former condition, provided that such work is started within twelve months and completed within twenty-four months of the event destroying part of the use. For purposes of this chapter, less than 50% of a nonconforming building shall be deemed destroyed if the cost of restoring the building to its predestruction condition is less than 50% of the fair market value of the building (as determined by an appraiser acceptable to the city manager or his or her designee) immediately prior to such destruction. For purposes of this chapter, less than 50% of a nonconforming use (other than a building) shall be deemed destroyed if the remaining area occupied by the use is 50% or more of the area occupied immediately prior to such destruction.

(C)  Nonconforming uses and buildings may be repaired and maintained, but not expanded.

(D)  A nonconforming building or use may not be altered except upon grant of a variance by the planning and zoning commission as provided in chapter 2-40, B.M.C. (Ord. 856 §3, 1989; Ord. 1935 §45, 2011)

17-36-030  Abandonment, termination, or destruction. Go to the top

A nonconforming building or use shall be deemed abandoned and shall thereafter be occupied and used only for a conforming use if any of the following occur:

(A)  The nonconforming use is discontinued for a period of one year;

(B)  A nonconforming use is altered or changed to a conforming use; or

(C)  50% or more of the nonconforming use is destroyed. For purposes of this chapter, destruction may be by natural causes, human causes, or operation or enforcement of law. (Ord. 856 §3, 1989)

17-36-040  Utility distribution stations excepted. Go to the top

Nothing in this chapter pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, discontinuance, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding of public utility distribution stations, buildings, structures, uses, equipment, and facilities; provided that there is no change of use or increase of areas so used. (Ord. 856 §3, 1989)

17-36-050  Off-street parking and loading; compliance required. Go to the top

Where off-street parking or loading facilities for buildings do not conform to the provisions of this title, such buildings shall not be expanded, unless all requirements for off-street parking and loading space for the expansion are satisfied. (Ord. 856 §3, 1989)


Chapter 17-38

Planned Unit Development

I. General

17-38-010  Intent. Go to the top

The purpose of this chapter is as follows:

(A)  To provide for necessary commercial, recreational, and educational facilities conveniently located to housing;

(B)  To provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities;

(C)  To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws;

(D)  To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings, and by the conservation and more efficient use of open space ancillary to said buildings;

(E)  To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economics may inure to the benefit of those who need homes;

(F)  To lessen the burden of traffic on streets and highways;

(G)  To encourage the building of new neighborhoods incorporating the best features of modern design;

(H)  To conserve the value of the land;

(I)  To provide a procedure which can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics; and

(J)  To encourage integrated planning in order to achieve the above purposes and the directives of the current master plan. (Ord. 725 §1, 1987)

17-38-020  Coordination with subdivision and other regulations. Go to the top

(A)  Review of a preliminary plat under title 16 (if there is one) shall be carried out simultaneously with the review of a PUD plan under this chapter. The PUD plan and any preliminary plat shall cover the same area.

(B)  Review of a final plat under title 16 shall be carried out simultaneously with or prior to review of a site development plan under this chapter. The site development plan may include some or all of a final plat.

(C)  A PUD plan or a site development may vary the provisions of titles 14, 16, and 17, B.M.C., but only to the extent specifically shown on an approved PUD plan or site development plan.

(D)  In a PUD zone district, except for uses permitted by right, no building shall be erected nor shall a building permit or certificate of occupancy be issued unless a site development plan has been approved by the city council. (Ord. 725 §1, 1987; Ord. 1098 §1, 1994; Ord. 1111 §25, 1995; Ord. 1288 §2, 1997; Ord. 1415 §4, 1999; Ord. 1425 §1, 1999)

17-38-030  Concept plan review. Go to the top

(A)  Prior to any official submittal of a PUD plan or site development plan or an amendment to a PUD or site development plan, the applicant shall submit a concept plan to the city council for initial concept review at any regular or special meeting or at a study session. The applicant may also, at its discretion, submit the plan to the planning and zoning commission for its review. It is intended that the planning and zoning commission or the city council discuss with the applicant any significant concern about the plan. No official action is taken at this stage by either the planning and zoning commission or the city council. Plan amendments which meet the criteria for administrative modifications as included in section 17-38-230, shall not be subject to concept plan review.

(B)  The city manager may administratively exempt a plan from the provisions of subsection (A) if the following criteria are met:

(1)  The plan includes ten or fewer dwelling units;

(2)  The plan provides for no more than two additional nonresidential building sites or the development of less than 5,000 square feet of nonresidential building;

(3)  The proposed plan or use is in conformity with the master plan;

(4)  The city manager determines that the plan will not result in significant traffic, visual, noise, odor, or other impact on neighboring properties;

(5)  For PUD plan amendments, the plan represents a change in use of less than 10% of the land area incorporated within the plan; and

(6)  The plan does not propose development requiring significant deviation from city code or administrative policy.

(C)  The property that is the subject of a concept plan review shall be posted in accordance with section 17-52-050, B.M.C.

(D)  Any comment, suggestion, or recommendation made by any member of the planning and zoning commission or by any councilmember on any concept review plan is gratuitous and does not bind or otherwise obligate either the planning and zoning commission or the city council to any course of conduct or decision after an applicant makes an official submittal of a plan to the city.

(E)  Upon submission of an application for a concept review plan, an application fee of $500.00 shall be paid to the city for a concept plan for ten acres or more of land and $200.00 for a concept plan for less than ten acres of land. (Ord. 725 §1, 1987; Ord. 1070 §1, 1994; Ord. 1111 §26, 1995; Ord. 1122 §1, 1995; Ord. 1183 §1, 1996; Ord. 1692 §2, 2002; Ord. 1935 §46, 2011)

17-38-035  Display of PUD plan and site development plan in on-site sales offices. Go to the top

Copies of the approved and recorded site development plan and of the approved and recorded PUD plan for any residential development shall be conspicuously displayed in the sales office of any residential development that occupies an on-site sales office for the sale of dwelling units. (Ord. 1171 §1, 1996)

II. PUD Plan

17-38-040  PUD plan; scope. Go to the top

A PUD plan must include all contiguous property in one ownership. (Ord. 725 §1, 1987)

17-38-050  PUD plan; format. Go to the top

(A)  PUD plans shall be in black ink or photographic reproduction, on four-mil thickness Mylar (double matted polyester film). The scale shall ordinarily be 1" = 100'. A larger scale or a smaller scale (not less than 1" = 200') may be used with prior approval of the city manager or his or her designee.

(B)  The size of the sheets shall be as required by the county where the PUD plan is to be filed.

(C)  Plans of two or more sheets shall be referenced to an index map placed on the first sheet. (Ord. 725 §1, 1987)

17-38-060  PUD plan; contents. Go to the top

The PUD plan shall contain the following information:

(A)  All information listed in section 16-16-040, B.M.C.

(B)  Identification of all proposed land uses by area, type, location, and size.

(C)  Statement of project intent including the following information:

(1)  Overall design concept;

(2)  Design concept for each type of residential layout or lot size;

(3)  Type and style of dwellings or buildings;

(4)  If project is a deviation from master plan:

a.  Detailed description of architecture and site design;

b.  Lot sizes and distribution within project;

c.  Residential dwelling size according to lot size; and

d.  Percentage distribution of residential dwelling size and lot size.

(D)  Project phasing plan showing projected build-out dates for each area.

(E)  Statement of methods for addressing unique features of the site.

(F)  Chart with each land use area listed showing the following information:

(1)  Gross acreage;

(2)  Floor area ratios (for commercial and industrial);

(3)  Number of dwellings units (for residential);

(4)  Dwelling units per acre (for residential);

(5)  Minimum lot sizes;

(6)  Minimum setbacks of principal, accessory buildings;

(7)  Minimum floor areas (for residential);

(8)  Maximum building height; and

(9)  Principal and accessory uses.

(G)  A list of any proposed deviations from the provisions of title 14, 16, or 17, B.M.C.

(H)  Certification for approval by the planning and zoning commission with signature lines for the chairman and secretary.

(I)  Certification for approval by the city council with signature lines for the mayor and city clerk.

(J)  The location of any plugged and abandoned oil and gas well and its production site or any former oil and production sites located within the boundaries of the PUD plan or within 200 feet of such boundaries on abutting property. (Ord. 725 §1, 1987; Ord. 1111 §27, 1995; Ord. 1399 §1, 1999; Ord. 1698 §7, 2002; Ord. 1935 §47, 2011)

17-38-070  PUD plan; accompanying information. Go to the top

The PUD plan shall be accompanied by all information required in section 16-16-050, B.M.C. (Ord. 725 §1, 1987)

17-38-080  PUD plan; hearing and notice; planning and zoning commission. Go to the top

The planning and zoning commission shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord. 725 §1, 1987; Ord. 1111 §28, 1995; Ord. 1935 §39, 2011)

17-38-090  PUD plan; recommendation; planning and zoning commission. Go to the top

Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the PUD plan would be acceptable shall be set forth. (Ord. 725 §1, 1987; Ord. 1111 §29, 1995; Ord. 1935 §40, 2011)

17-38-100  PUD plan; hearing and notice; city council. Go to the top

The city council shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord. 725 §1, 1987)

17-38-110  PUD plan; decision; city council; recording. Go to the top

(A)  Within thirty days of the conclusion of its public hearing on the PUD plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the planning and zoning commission for further study.

(B)  The PUD plan shall include a legal description of the real property within the boundaries of the PUD plan and a vicinity map showing the location in the city of the PUD plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord. 725 §1, 1987; Ord. 1111 §30, 1995; Ord. 1399 §2, 1999; Ord. 1658 §1, 2001; Ord. 1935 §48, 2011)

17-38-120  PUD plan; review standards. Go to the top

The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed PUD plan meets the following standards:

(A)  The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010.

(B)  The proposal should be consistent with the master plan.

(C)  The proposal should identify and mitigate potential negative impacts on nearby properties, other areas of the city, and the city as a whole.

(D)  The proposal should identify and maximize potential positive impacts on nearby properties, other areas of the city, and the city as a whole.

(E)  The proposal should include adequate facilities for pedestrians, bicyclists, and motorists.

(F)  The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion.

(G)  The proposal should optimize conservation of energy, water, and other resources on a broad scale.

(H)  The land uses within the plan should be compatible with one another and with nearby properties.

(I)  The proposal should provide for open space at a rate of not less than 40% of the developable site in residential areas and 25% in other areas as provided in section 17-38-240 below.

(J)  The proposal should adequately provide for an organization for ownership and maintenance of any common areas.

(K)  The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (Ord. 725 §1, 1987; Ord. 1111 §31, 1995; Ord. 1935 §49, 2011)

17-38-130  PUD plan; modification. Go to the top

Any modification to an approved PUD plan requires the same review by the planning and zoning commission and the city council as the original PUD plan. (Ord. 725 §1, 1987; Ord. 1111 §32, 1995; Ord. 1935 §50, 2011)

17-38-135  Site development plan required; PUD plan revocation. Go to the top

(A)  The owner of any property for which there is an approved PUD plan shall submit a site development plan for the property within five years from the date on which the PUD plan was approved by the city council. If a site development plan is not submitted to the city within five years, the city council is authorized to revoke the PUD plan or revoke any phase of the PUD plan for which a site development plan has not been submitted as hereinafter provided.

(B)  The city council is authorized to issue to the owner of such property a notice to show cause why the PUD plan or any phase of the PUD plan should not be revoked for failure by the owner to submit a site development plan. After service of the notice to show cause on the owner, the city council shall set a PUD plan revocation hearing. Service of the notice shall be by personal service or by certified mail.

(C)  Prior to a city council revocation hearing, the city council shall refer the matter to the planning and zoning commission for a public hearing and for a recommendation on revocation of the PUD plan.

(D)  Public notice for a revocation hearing by the city council and by the planning and zoning commission shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(E)  Within thirty days of the conclusion of the public hearing on a PUD plan revocation, the city council may revoke the PUD plan by resolution. Such resolution shall be recorded in the county in which the PUD plan was recorded.

(F)  The planning and zoning commission recommendation and the city council decision shall take into consideration the following applicable standards in determining whether to revoke a PUD plan:

(1)  Compliance of the PUD plan with the master plan;

(2)  Compatibility of the PUD plan with the area surrounding the PUD plan;

(3)  The need for the uses in the area included within the PUD plan;

(4)  The effect of the PUD plan upon future development of the area;

(5)  The impact of traffic generated by the PUD plan on the neighborhood and the surrounding area;

(6)  The effect of the PUD plan on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7)  The impact of the PUD plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems;

(8)  Compliance of the PUD plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the public hearing;

(9)  Failure by the owner to meet a date established in the PUD plan for the commencement of construction of the PUD plan or for a phase of the PUD plan; and

(10)  Compliance of residential PUD plans with the uniform standards for residential use PUD plans in force at the time of the public hearing.

(G)  On and after the effective date of this section, PUD plans approved by the city council shall include the following notation: "This PUD plan or any phase hereof may be revoked by the City Council if a site development plan is not submitted to the City of Broomfield within five years from the date of approval of this PUD plan by the City Council." (Ord. 1277 §1, 1997; Ord. 1415 §1, 1999; Ord. 1935 §51, 2011)

17-38-137  Amendment to PUD plans proposed by the city manager. Go to the top

(A)  The city manager is authorized to propose amendments to any approved PUD plan. Proposed amendments may include the deletion or the modification of any permitted use, development standard, phase or phasing schedule, design guideline, or street configuration. Either the text or the graphics in a PUD plan may be the subject of the city manager's proposed amendment to a PUD plan.

(B)  The city manager shall notify the owner or owners of any property subject to the PUD that an amendment to the PUD has been proposed, and that a hearing on the proposed amendment will be held before the planning and zoning commission and before the city council. The city manager's notification to the owner or owners shall set forth the reasons for the proposed amendment to the PUD plan and specify the proposed amendment or amendments. Notification to the owner or owners by the city manager shall be by personal service or by certified mail not less than thirty days prior to the public hearing before the planning and zoning commission.

(C)  The planning and zoning commission shall hold a public hearing on the city manager's proposed amendment to the PUD plan. Notice of the public hearing shall be given in accordance with the provisions of chapter 17-52, B.M.C. Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution recommending to the city council the approval, disapproval, or conditional approval of the proposed amendment to the PUD plan. If the recommendation is for conditional approval, the conditions under which the proposed amendment to the PUD plan would be acceptable shall be set forth.

(D)  The city council shall hold a public hearing on the city manager's proposed amendment to the PUD plan. Notice of the public hearing shall be given in accordance with the provisions of chapter 17-52, B.M.C. Within thirty days of the conclusion of its public hearing on the proposed amendment to the PUD plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the planning and zoning commission for further study. If the resolution is for approval, it shall be recorded in the county in which the PUD plan was recorded.

(E)  The standards of review for the city council and planning and zoning commission, as they may be applicable to a proposal by the city manager to amend a PUD plan, are as follows:

(1)  Compliance of the PUD plan with the master plan in force at the time of the public hearing;

(2)  Compatibility of the PUD plan with the area surrounding the PUD plan;

(3)  The need for the uses in the PUD plan or in the area surrounding the PUD plan;

(4)  The effect of the PUD plan upon future development of the area;

(5)  The impact of traffic generated by the PUD plan on the neighborhood and the surrounding area;

(6)  The effect of the PUD plan on community facilities in the neighborhood and area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7)  The impact of the PUD plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems;

(8)  Compliance of the PUD plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the hearing; and

(9)  Compliance of residential PUD plans with the uniform standards for residential use PUD plans in force at the time of the public hearing. (Ord. 1280 §1, 1997; Ord. 1935 §52, 2011)

III. Site Development Plan

17-38-140  Site development plan; scope. Go to the top

A site development plan may include one or more platted lots. A PUD plan and a final subdivision plat must be approved before, or together with, a site development plan. (Ord. 725 §1, 1987)

17-38-150  Site development plan; format. Go to the top

(A)  Site development plans shall be in black ink or photographic reproduction, on four-mil thickness Mylar (double matted polyester film). The scale shall ordinarily be 1" = 50'. A larger scale or a smaller scale (not less than 1" = 200') may be used with prior approval of the city manager or his or her designee.

(B)  The size of the sheets shall be as required by the county where the site development plan is to be filed.

(C)  Plans of two or more sheets shall be referenced to an index map placed on the first sheet. (Ord. 725 §1, 1987)

17-38-160  Site development plan; contents. Go to the top

The site development plan shall contain the following information:

(A)  Site plan showing the following:

(1)  Name of project;

(2)  Location and boundaries of site development plan, including a legal description;

(3)  Names, addresses, and signatures of the owner, subdivider, and surveyor (who shall be registered by the Colorado State Board of Registration for Professional Engineers and Land Surveyors);

(4)  Date of preparation and of any revisions, written and graphic scale, the north arrow (designated as true north);

(5)  Chart with each land use area listed showing the following information:

a.  Gross acreage;

b.  Floor area ratios (for commercial and industrial);

c.  Number of dwelling units (for residential);

d.  Dwelling units per acre (for residential);

e.  Minimum lot sizes;

f.  Building coverage, parking and drive coverage, and open space area (all expressed in square feet);

g.  Minimum setbacks of principal, accessory buildings;

h.  Minimum floor areas (for residential);

i.  Maximum building height;

j.  Principal and accessory uses; and

k.  A statement that any element of the construction, location, design, use, or operation of land or buildings not specifically shown on the approved site development plan in graphic or written form shall conform to the requirements of a specified zone district (e.g., R-1, B-1, I-1);

(6)  Location and dimensions of all existing and proposed streets and alleys (showing curb, gutter, and sidewalk location), and location and dimensions of all easements, rights-of-way, and lot lines;

(7)  Location and dimension of walks, trails, parking spaces, curb islands, and driveways (with direction of travel shown);

(8)  A list of any proposed deviations from the provisions of title 14, 16, or 17, B.M.C.; and

(9)  Location and dimensions for all structures, including refuse and recycling facilities in accordance with section 17-34-060.

(B)  Architectural elevations for each structure showing the following:

(1)  Overall exterior dimensions;

(2)  Materials;

(3)  Color scheme;

(4)  Signs; and

(5)  All faces of the structure, clearly labeled.

(C)  Landscape plan showing the following:

(1)  Location, species, and size of existing trees;

(2)  Trees to be retained;

(3)  Location, species, and size of new trees and shrubs;

(4)  Location and type of turf, ground cover, and planting areas;

(5)  Type and extent of irrigation; and

(6)  Retaining and decorative walls, fences, and similar structures.

(D)  Grading plan showing the following:

(1)  Existing and proposed topography at two-foot contour intervals, referenced to U.S.G.S. data;

(2)  Outline drawings of major structures and improvements (existing and proposed); and

(3)  Storm drainage improvements and appurtenances.

(E)  Site development plans for wireless communications towers shall include the criteria set forth in section 17-35-030 and meet the requirements set forth in section 17-35-050.

(F)  The location of any plugged and abandoned oil and gas well and its production site or any former oil and gas production sites located within the boundaries of the site development plan or within 200 feet of such boundaries on abutting property. Site development plans shall be subject to the provisions of chapter 17-56, B.M.C. (Ord. 725 §1, 1987; Ord. 750 §7, 1987; Ord. 1026 §2, 1994; Ord. 1194 §10, 1996; Ord. 1514 §10, 2000; Ord. 1698 §8, 2002; Ord. 1739 §3, 2003)

17-38-170  Site development plan; accompanying information. Go to the top

The site development plan shall be accompanied by:

(A)  Evidence of the existence and status of an organization for ownership and maintenance of any common areas; and

(B)  Proof of ownership satisfactory to the city attorney, which may include a recently issued title commitment or title policy.

(C)  An earthen fill design report that addresses and mitigates any negative impacts of earthen fill materials. Such report shall be consistent with the international codes adopted in title 15, B.M.C., and the standards and specifications adopted in chapter 14-04, B.M.C.

(D)  For plugged and abandoned oil and gas wells or former oil and gas production sites either within the boundaries of the site development plan or within 200 feet of such boundaries on abutting property, the Form 6, the well abandonment report, the plugging verification reports for such wells filed with the Colorado Oil and Gas Conservation Commission, and any Colorado Oil and Gas Conservation Commission reports regarding former oil and gas production sites. (Ord. 725 §1, 1987; Ord. 1598 §3, 2001; Ord. 1698 §9, 2002; Ord. 1858 §8, 2008)

17-38-180  Site development plan; hearing and notice; planning and zoning commission. Go to the top

The planning and zoning commission shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord. 725 §1, 1987; Ord. 1111 §33, 1995; Ord. 1935 §41, 2011)

17-38-190  Site development plan; recommendation; planning and zoning commission. Go to the top

Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the site development plan would be acceptable shall be set forth. (Ord. 725 §1, 1987; Ord. 1111 §34, 1995; Ord. 1935 §42, 2011)

17-38-200  Site development plan; hearing and notice; city council. Go to the top

The city council shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord. 725 §1, 1987)

17-38-210  Site development plan; decision; city council; recording. Go to the top

(A)  Within thirty days of the conclusion of its public hearing on the site development plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the planning and zoning commission for further study.

(B)  The site development plan shall include a legal description of the real property within the boundaries of the site development plan and a vicinity map showing the location in the city of the site development plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord. 725 §1, 1987; Ord. 1111 §35, 1995; Ord. 1399 §3, 1999; Ord. 1658 §2, 2001; Ord. 1935 §53, 2011)

17-38-220  Review standards. Go to the top

The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards:

(A)  The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010.

(B)  The proposal should identify and mitigate potential negative impacts on nearby properties.

(C)  The proposal should identify and maximize potential positive impacts on nearby properties.

(D)  The proposal should include adequate facilities for pedestrians, bicyclists, and motorists.

(E)  The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion.

(F)  The proposal should optimize conservation of energy, water, and other resources on a site-specific scale.

(G)  The land uses within the plan should be compatible with one another and with nearby properties.

(H)  The proposal should provide for open area at a rate of not less than 40% of the developable site in residential areas and 25% in other areas as provided in section 17-38-240 below.

(I)  The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas.

(J)  The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan.

(K)  The proposal should be consistent with the approved PUD plan.

(L)  For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord. 725 §1, 1987; Ord. 1098 §2, 1994; Ord. 1111 §36, 1995; Ord. 1364 §4, 1998; Ord. 1935 §54, 2011)

17-38-225  Building permits required; site development plan revocation. Go to the top

(A)  Within three years from the date on which a site development plan is approved by the city council, the owner is required to apply for and be issued building permits for construction on the property consistent with the site development plan. If the owner is not issued building permits within three years, the city council is authorized to revoke the site development plan as hereinafter provided.

(B)  The city council is authorized to issue to the owner a notice to show cause why the site development plan should not be revoked for failure by the owner to receive a building permit. After service of the notice to show cause on the owner, the city council shall set a site development plan revocation hearing. Service of the notice shall be by personal service or by certified mail.

(C)  Prior to a revocation hearing, the city council shall refer the matter to the planning and zoning commission for a public hearing and for a recommendation on revocation of the site development plan.

(D)  Public notice for a revocation hearing by the city council and by the planning and zoning commission shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(E)  Within thirty days of the conclusion of the public hearing on a site development plan revocation, the city council may revoke the site development plan by resolution. Such resolution shall be recorded in the county in which the site development plan was recorded.

(F)  The planning and zoning commission recommendation and the city council decision shall take into consideration the following applicable standards in determining whether to revoke a site development plan:

(1)  Compliance of the site development plan with the master plan;

(2)  Compatibility of the site development plan with the surrounding area;

(3)  The need for the uses in the area included within the site development plan;

(4)  The effect of the site development plan upon future development of the area;

(5)  The impact of traffic generated by the site development plan on the neighborhood and the surrounding area;

(6)  The impact of the site development plan on community facilities in the neighborhood and area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7)  The impact of the site development plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems; and

(8)  Compliance of the site development plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the revocation hearing.

(G)  On and after the effective date of this section, site development plans approved by the city council shall include the following notation: "This site development plan may be revoked by the City Council if building permits are not issued to the owner by the City of Broomfield within three years from the date of approval of this site development plan by the City Council." (Ord. 1277 §2, 1997; Ord. 1415 §2, 1999; Ord. 1935 §55, 2011)

17-38-230  Modification. Go to the top

(A)  The city manager or his or her designee may approve modifications to the site development plan if he or she determines the modifications are generally consistent with the approved PUD plan and site development plan. Such modifications are also restricted to the following categories and limits:

(1)  Floor area ratios, number and density of dwelling units, building coverage, and overall exterior dimensions may be decreased by any amount or may be increased by not more than 10%.

(2)  Minimum lot sizes and open area may be increased by any amount or may be decreased by not more than 10%.

(3)  Parking and drive coverage may be changed by not more than 10%.

(4)  Location, species, and size of new trees and shrubs, and location and type of turf, ground cover, planting areas, retaining and decorative walls, fences, and similar structures can be changed, provided that materials remain equivalent and locations remain appropriate.

(5)  The grading plan may be changed, provided that the city engineer determines there is a sound engineering basis for such change.

(6)  Other modifications may be made if, in the opinion of the city manager or his or her designee, they are minor in scope, will not have a detrimental effect on the neighborhood or the project, and satisfy the review standards of section 17-38-220.

(B)  Except as provided in subsection (A) of this section, any modification to an approved site development plan requires the same review by the planning and zoning commission and the city council as the original site development plan.

(C)  At the discretion of the city manager or his or her designee, a formal or informal hearing may be conducted to assist in making findings relevant to modifications permitted by this section. All costs of notification and hearing shall be borne by the proponent of, or applicant for, the modification. (Ord. 725 §1, 1987; Ord. 849 §1, 1989; Ord. 1111 §37, 1995; Ord. 1364 §5, 1998; Ord. 1935 §56, 2011)

IV. Open Area

17-38-240  Required. Go to the top

(A)  In residential areas of a PUD plan, at least 40% of the developable site shall be open area.

(B)  In commercial and industrial areas of a PUD plan, at least 25% of the developable site shall be open area.

(C)  For the purpose of this section, the "developable site" does not include areas to be dedicated to the city for streets, parks, or other purposes. (Ord. 725 §1, 1987; Ord. 1364 §6, 1998)

17-38-250  Maintenance. Go to the top

It shall be unlawful for any owner to fail to maintain any common area in good condition, and as shown on the approved site development plan. (Ord. 725 §1, 1987; Ord. 1364 §6, 1998)

V. Fees

17-38-260  Established. Go to the top

The fee for PUD plans and site development plans, or amendments thereto, shall be paid to the city at the time of submittal and are as follows:

(A)  The sum of $650.00, plus $10.00 per acre of land, for PUD plans and site development plans, or amendments thereto, of ten acres or more of land and $250.00 for PUD plans and site development plans, or amendments thereto, for less than ten acres of land; and

(B)  The sum of $50.00 for each site development plan modification submitted to the city manager pursuant to section 17-38-230. (Ord. 725 §1, 1987; Ord. 1692 §3, 2002)

VI. Enforcement

17-38-270  Procedure; penalties for violations. Go to the top

(A)  The city may record any PUD plan or site development plan with the office of the clerk and recorder of any county in which the property is located.

(B)  It shall be unlawful to violate any provision of this chapter or to violate any restriction or to fail to comply with any requirement of an approved PUD plan or site development plan. Violators shall be subject to the penalties provided in chapter 1-12, B.M.C.

(C)  The city may maintain an action for declaratory, injunctive, or other legal or equitable relief to enforce the provisions of this chapter, of an approved PUD plan, or of an approved site development plan.

(D)  The city may withhold issuance of building permits, certificates of occupancy, and water and sewer licenses and services for any lot in violation of this chapter or of an approved PUD plan or site development plan.

(E)  All penalties and remedies provided for herein are cumulative. No one enforcement action shall preclude or limit any other enforcement action. (Ord. 725 §1, 1987)

VII. Transitional Provisions

17-38-280  Transitional provisions. Go to the top

(A)  All preliminary and final PUD plans approved prior to the effective date of the ordinance repealing and reenacting this chapter shall remain valid and in full force and effect.

(B)  A site development plan is required for an area covered by an approved preliminary PUD plan (under prior versions of this chapter), provided that the site development plan must include identification of land uses by area, type, location, and size, and must also include a project phasing plan showing projected build-out dates for each area.

(C)  Final PUD plans approved under prior versions of this chapter may be modified in the manner provided in this chapter for site development plans. (Ord. 725 §1, 1987)

VIII. Uniform Subdivision Standards for Residential PUD Plans and Residential Site Development Plans

17-38-300  Intent. Go to the top

The intent of this article is to establish uniform subdivision standards for PUD plans and site development plans for low and medium density residential development. (Ord. 1288 §1, 1997)

17-38-310  Definitions. Go to the top

(A)  Low-density residential development means an overall average density of four or fewer dwelling units for each gross acre.

(B)  Medium-density residential development means an overall average density of more than four dwelling units for each gross acre. (Ord. 1288 §1, 1997)

17-38-320  Standards for low-density residential, single-family detached. Go to the top

(A)  Minimum lot area is 7,000 square feet.

(B)  Minimum lot width is seventy feet for an interior lot and eighty feet for a corner lot.

(C)  Flag lots as defined in subsection 16-08-010(F), B.M.C., are prohibited.

(D)  Minimum lot frontage on a cul-de-sac is forty feet.

(E)  Minimum lot setbacks.

(1)  Front yard is twenty-five feet.

(2)  Rear yard is twenty-five feet.

(3)  Side yard corner is twenty feet.

(4)  Side yard. The minimum side yard setback shall be determined by the maximum building height, which is then applied as follows:

Maximum Building Height Minimum Side Yard Setback
31 feet to 33 feet 14.5 feet
28 feet to 30.99 feet 12 feet
Less than 27.99 feet 10 feet

No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F)  Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface.

(G)  Neither fill nor cut shall be utilized at any building site to artificially create a walk-out basement on a lot or to artificially raise the grade adjacent to the building wall to reduce any calculated maximum height. (Ord. 1288 §1, 1997)

17-38-330  Standards for medium-density residential, single-family attached. Go to the top

(A)  Parcel area is 8,000 square feet.

(B)  Parcel width is seventy-five feet for an interior lot and eighty-five feet for a corner lot.

(C)  Flag lots as defined in subsection 16-08-010(F), B.M.C., are prohibited.

(D)  Parcel frontage on a cul-de-sac is forty feet.

(E)  Minimum parcel setbacks.

(1)  Front yard is twenty-five feet.

(2)  Rear yard is twenty-five feet.

(3)  Side yard corner is twenty feet.

(4)  Side yard is ten feet. No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F)  Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface. (Ord. 1288 §1, 1997)

17-38-340  Standards for medium-density residential, single-family detached. Go to the top

(A)  Minimum lot area is 5,000 square feet.

(B)  Minimum lot width is fifty feet for an interior lot and sixty feet for a corner lot.

(C)  Flag lots as defined in subsection 16-08-010(F), B.M.C., are prohibited.

(D)  Minimum lot frontage on a cul-de-sac is forty feet.

(E)  Minimum lot setbacks.

(1)  Front yard is twenty feet.

(2)  Rear yard is fifteen feet.

(3)  Side yard corner is fifteen feet.

(4)  Side yard is seven and one-half feet. No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F)  Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface.

(G)  Neither fill nor cut shall be utilized at any building site to artificially create a walk-out basement on a lot or to artificially raise the grade adjacent to the building wall to reduce any calculated maximum height. (Ord. 1288 §1, 1997)

17-38-350  Exceptions. Go to the top

For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord. 1288 §1, 1997)


Chapter 17-40

Floodplain

I. General Provisions

17-40-010  Short title. Go to the top

This chapter is known and may be cited as the "Broomfield Floodplain Regulations." (Ord 1972 §3, 2013)

17-40-020  Findings. Go to the top

(A)  The flood hazard areas of the city are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which could adversely affect the public health, safety, and general welfare.

(B)  These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord 1972 §3, 2013)

17-40-030  Purpose. Go to the top

The purpose of this chapter is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

(A)  To protect human life and health;

(B)  To minimize expenditure of public money for costly flood control projects;

(C)  To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D)  To minimize prolonged business interruptions;

(E)  To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(F)  To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(G)  To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H)  To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord 1972 §3, 2013)

17-40-040  Methods of reducing flood losses. Go to the top

In order to accomplish its purposes, this chapter includes methods and provisions for:

(A)  Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(B)  Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(C)  Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D)  Controlling filling, grading, dredging, and other development which may increase flood damage; and

(E)  Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord 1972 §3, 2013)

17-40-050  Definitions. Go to the top

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(A)  Addition means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

(B)  Appeal means a request for a review of the city engineer's interpretation of any provisions of this chapter or a request for a variance.

(C)  Area of special flood hazard means the land in the floodplain subject to a one percent or greater chance of flooding in any given year.

(D)  Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

(E)  Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

(F)  Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

(G)  Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

(H)  Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in section 17-40-150, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during, and after a flood.

(I)  Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(J)  Existing manufactured home park or subdivision means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this chapter.

(K)  Expansion to existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

(L)  Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

(M) Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.

(N)  Flood Insurance Study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Maps, and the water surface elevation of the base flood.

(O)  Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

(P)  Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(Q)  Historic structure means any structure that is:

(1)  Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)  Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)  Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)  Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.  By an approved state program as determined by the Secretary of the Interior; or

b.  Directly by the Secretary of the Interior in states without approved programs.

(R)  Letter of Map Revision (LOMR) means FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).

(S)  Letter of Map Revision based on Fill (LOMR-F) means FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

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

(U)  Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle.

(V)  New construction means structures for which the start of construction commenced on or after the effective date of Ordinance No. 1972 and includes any subsequent improvements to such structures.

(W) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations.

(X)  Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(Y)  Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Z)  Structure means a walled and roofed building or manufactured home that is principally above ground.

(AA)  Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

(BB)  Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)  Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)  Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(CC)  Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

(DD)  Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR Chapter 1, Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)4, or (e)(5) of the National Flood Insurance Program (NFIP) regulations is presumed to be in violation until such time as that documentation is provided. (Ord. 1972 §3, 2013)

17-40-055  Lands to which this chapter applies. Go to the top

This chapter shall apply to all areas of special flood hazard and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision based on Fill (LOMR-F) within the jurisdiction of the city. (Ord. 1972 §3, 2013)

17-40-060  Basis for establishing areas of special flood hazard. Go to the top

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Broomfield," dated October 2, 2013, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and FIRM are on file at One DesCombes Drive, Broomfield, CO 80020. (Ord. 1972 §3, 2013)

17-40-070  Compliance; penalties for violation. Go to the top

(A)  No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

(B)  It shall be unlawful to violate any provision of this chapter or to violate any restriction. Violators shall be subject to the penalties provided in chapter 1-12. B.M.C. (Ord. 1972 §3, 2013)

17-40-080  Abrogation and greater restrictions. Go to the top

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord 1972 §3, 2013)

17-40-090  Interpretation. Go to the top

In the interpretation and application of this chapter, all provisions shall be:

(A)  Considered as minimum requirements;

(B)  Liberally construed in favor of the city; and

(C)  Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1972 §3, 2013)

17-40-100  Warning and disclaimer of liability. Go to the top

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer, or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1972 §3, 2013)

17-40-105  Severability. Go to the top

This chapter and various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Broomfield Floodplain Regulations as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1972 §3, 2013)

II. Administration

17-40-110  Establishment of development permit. Go to the top

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 17-40-060. Application for a development permit shall be made on forms furnished by the city engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(A)  Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(B)  Elevation in relation to mean sea level to which any structure has been floodproofed;

(C)  Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 17-40-160(B); and

(D)  Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1972 §3, 2013)

17-40-120  Designation of the city engineer. Go to the top

The city engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1972 §3, 2013)

17-40-130  Duties and responsibilities of the city engineer. Go to the top

Duties of the city engineer shall include, but not be limited to:

(A)  Permit review.

(1)  Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(2)  Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required;

(3)  Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 17-40-170(A) are met.

(B)  Use of other base flood data. When base flood elevation data has not been provided in accordance with section 17-40-060, the city engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with section 17-40-160.

(1)  For waterways with base flood elevations for which a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the city's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the city.

(2)  Under the provisions of 44 C.F.R Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the city may approve certain development in Zones A1-30, AE, and AH, on the city's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the city first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12, and receives FEMA approval.

(C)  Information to be obtained and maintained.

(1)  Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2)  For all new or substantially improved floodproofed structures, (i) verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed and (ii) maintain the floodproofing certifications required in paragraph 17-40-160(B)(3).

(3)  Maintain for public inspection all records pertaining to the provisions of this chapter.

(D)  Alteration of watercourses.

(1) Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

a.  Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

b.  Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

c.  Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances.

d.  Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist.

e.  Within the regulatory floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado professional engineer, that there is not more than 0.00-foot rise in the proposed condition of the floodway resulting from the project compared to existing conditions (otherwise known as a No-Rise Certification), unless the city first applies for floodway revision in accordance with section 17-40-170 and a CLOMR.

(E)  Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 17-40-140. (Ord. 1972 §3, 2013)

17-40-140  Variance procedure. Go to the top

(A)  Appeal board.

(1)  The planning and zoning commission, as established by chapter 2-40, B.M.C., shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)  The planning and zoning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city engineer in the enforcement or administration of this chapter.

(3)  Those aggrieved by the decision of the planning and zoning commission on any appeals made pursuant to this section, may appeal such decisions to the district court as provided in C.R.C.P. 106(a)(4).

(4)  In passing upon such applications, the planning and zoning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and

a.  The danger that materials may be swept onto other lands to the injury of others;

b.  The danger to life and property due to flooding or erosion damage;

c.  The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

d.  The importance of the services provided by the proposed facility to the community;

e.  The necessity to the facility of a waterfront location, where applicable;

f.  The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.  The compatibility of the proposed use with the existing and anticipated development;

h.  The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.  The safety of access to the property in times of flood for ordinary and emergency vehicles;

j.  The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k.  The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, streets, and bridges.

(5)  Upon consideration of the factors set forth in paragraph (4) above and the purposes of this chapter, the planning and zoning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)  The city engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

(B)  Conditions for variances.

(1)  Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items a through k in paragraph 17-40-140(A)(4) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases.

(2)  Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3)  Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4)  Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)  Variances shall only be issued upon:

a.  A showing of good and sufficient cause;

b.  A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.  A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(6)  Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

(C)  Hearing and notice. The planning and zoning commission shall hold a public hearing on any appeal or request for a variance. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord. 1972 §3, 2013)

III. Flood Hazard Reduction

17-40-150  General standards. Go to the top

In all areas of special flood hazard, the following standards are required:

(A)  Anchoring.

(1)  All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

(2)  All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement, and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to the ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may include:

a.  Over-the-top ties must be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than fifty feet long requiring one additional tie per side;

b.  Frame ties must be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring four additional ties per side;

c.  All components of the anchoring system must be capable of carrying a force of 4,800 pounds; and

d.  Any additions to the manufactured home must be similarly anchored.

(B)  Construction materials and methods.

(1)  All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)  All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3)  All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(C)  Utilities.

(1)  All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(2)  New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(3)  On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(D)  Properties removed from the floodplain by fill. A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision based on Fill (LOMR-F), unless such new structure or addition complies with the following:

(1)  Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill.

(2)  Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(E)  Standards for subdivision proposals.

(1)  All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

(2)  All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of section 17-40-110 and the provisions of section 17-40-150.

(3)  Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty lots or five acres, whichever is the lesser, if not otherwise provided pursuant to section 17-40-060 or section 17-40-130.

(4)  All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(5)  All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(F)  Standards for critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during, and after a flood.

(1)  Classification of critical facilities. Critical facilities are classified under the following categories: Essential Services; Hazardous Materials; At-risk Populations; and Vital to Restoring Normal Services. It is the responsibility of the city engineer to identify and confirm that specific structures in the community meet the following criteria:

a.  Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of:

1.  Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and emergency operation centers);

2.  Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures, but excluding clinics, doctor's offices and non-urgent care medical structures that do not provide these functions);

3.  Designated emergency shelters;

4.  Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio and other emergency warning systems but excluding towers, poles, lines, cables and conduits);

5.  Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines); and

6.  Air transportation lifelines (airports [municipal and larger], helicopter pads and structures serving emergency functions, and associated infrastructure [aviation control towers, air traffic control centers, and emergency equipment aircraft hangars]).

Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the city engineer that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this chapter, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the city engineer on an as-needed basis upon request.

b.  Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:

1.  Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

2.  Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

3.  Refineries;

4.  Hazardous waste storage and disposal sites; and

5.  Aboveground gasoline or propane storage or sales centers.

c.  Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. §302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. §1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. §302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. §1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation of Ordinance No. 1972, but exclude later amendments to or editions of the regulations. Specific exemptions to this category include:

1.  Finished consumer products within retail centers and households containing hazardous materials intended for household use and agricultural products intended for agricultural use.

2.  Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

3.  Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this article.

d.  At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:

1.  Elder care (nursing homes);

2.  Congregate care serving twelve or more individuals (day care and assisted living); and

3.  Public and private schools (pre-schools, K-12 schools, before-school and after-school care serving twelve or more children).

e.  Facilities vital to restoring normal services, including government operations. These facilities consist of: essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers).

(2)  Protection for critical facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of this subsection, protection shall include one of the following:

a.  Location outside the special flood hazard area; or

b.  Elevation or floodproofing of the structure to at least two feet above the base flood elevation.

(3)  Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the city council, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event. (Ord. 1972 §3, 2013)

17-40-160  Specific standards. Go to the top

In all areas of special flood hazard where base flood elevation data has been provided in the study and map referred to in section 17-04-022 or pursuant to section 17-40-130, the following provisions shall apply, in addition to the standards set forth in section 17-40-150:

(A)  Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.

(B)  Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to at least one foot above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1)  Be floodproofed so that below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

(2)  Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)  Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in section 17-40-120.

(C)  Openings in enclosures below the lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1)  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(2)  The bottom of all openings shall be no higher than one foot above grade;

(3)  Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

(D)  Manufactured homes.

(1)  Manufactured homes shall be anchored in accordance with paragraph 17-40-150(A)(2).

(2)  All manufactured homes or those to be substantially improved shall conform to the following requirements:

a.  Require that manufactured homes that are placed or substantially improved on a site (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b.  Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in subparagraph a above be elevated so that either (i) the lowest floor of the manufactured home is at least one foot above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(E)  Recreational Vehicles. Recreational vehicles shall either (1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements and elevation and anchoring requirements for resisting wind forces that are applicable to manufactured homes. (Ord. 1972 §3, 2013)

17-40-170  Floodways. Go to the top

Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(A)  Encroachments (including fill, new construction, substantial improvements, and other development) are prohibited unless a registered professional engineer or architect certifies that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(B)  If subsection (A) is satisfied, all new construction and substantial improvements shall comply with the provisions of sections 17-40-150 and 17-40-160. (Ord. 1972 §3, 2013)


Chapter 17-42

Mobile Home Communities

17-42-010  Intent. Go to the top

(A)  It is intended that the requirements for mobile home parks and communities should be such that the quality of a neighborhood is not detrimentally affected by the adjacent location of a mobile home park. The mobile home park is basically a low-density to medium-density residential use and should be treated as such.

(B)  The requirements set forth in this chapter are intended to supplement other requirements pertaining to mobile home developments which the city council adopts by ordinance. If the provisions of this chapter conflict with those of other ordinances regulating mobile home developments, the provisions of the chapter shall apply. (Ord. 149 Art. 21 §1, 1973)

17-42-020  Development standards generally. Go to the top

In those zones where mobile home communities are indicated as being permitted subject to special review, an application shall be submitted to the planning and zoning commission for a planned unit development (PUD) in accordance with chapter 17-38. The standards in sections 17-42-030 through 17-42-240 shall become part of the PUD design of the mobile home community. (Ord. 149 Art. 21 §2(part), 1973; Ord. 1111 §38, 1995; Ord. 1935 §59, 2011)

17-42-030  Density. Go to the top

Density shall not exceed five units per acre, unless part of an approved PUD plan which includes other land uses, and where a transfer of density has been approved in the PUD plan. (Ord. 149 Art. 21 §2(1), 1973)

17-42-040  Lot; size. Go to the top

Minimum lot size shall be 3,000 square feet. (Ord. 149 Art. 21 §2(2), 1973)

17-42-050  Lot; width. Go to the top

The average lot width shall not be less than forty feet. (Ord. 149 Art. 21 §2(3), 1973)

17-42-060  Separation between homes. Go to the top

Minimum separation between homes shall be fifteen feet. (Ord. 149 Art. 21 §2(4), 1973)

17-42-070  Off-street parking. Go to the top

Two off-street parking spaces per unit shall be provided, plus one guest space for each five units. (Ord. 149 Art. 21 §2(5), 1973)

17-42-080  Street; width. Go to the top

Street widths shall be in accordance with the following table:

Parking Minimum Paved Street Width
No parking 25 feet
One side only 30 feet
Both sides 36 feet

(Ord. 149 Art. 21 §2(6), 1973)

17-42-090  Street; access. Go to the top

A minimum of two means of access to a dedicated street shall be provided per mobile home park. (Ord. 149 Art. 21 §2(7), 1973)

17-42-100  Lighting. Go to the top

A minimum of three-tenths foot candles shall be provided on all driveways and walks. (Ord. 149 Art. 21 §2(8), 1973)

17-42-110  Walkways. Go to the top

Walkways shall be provided adjacent to streets, or on an interior system. (Ord. 149 Art. 21 §2(9), 1973)

17-42-120  Park space. Go to the top

Park space shall be provided in the following percentages of the total dedicated area:

(A)  15% dedicated area or equal in park fee;

(B)  30% common private open space as defined in chapter 17-38. (Ord. 149 Art. 21 §2(10), 1973)

17-42-130  Footings, foundations, and tiedowns. Go to the top

All mobile homes shall have footings, foundations, and tiedowns in accordance with the applicable provisions of the International Building Code and the International Residential Code, as adopted by the city, to provide soil bearing, loading, and wind pressures. Each mobile home development shall submit engineered footings, foundations, and tiedown design for approval by the city engineer. Wheels shall not be used for bearing pressures, and shall be removed prior to occupancy. (Ord. 149 Art. 21 §2(11), 1973; Ord. 1858 §9, 2008)

17-42-140  Architecture. Go to the top

Architectural standards shall be set for a mobile home park, including requirements for wood siding or other similar design features. (Ord. 149 Art. 21 §2(12), 1973)

17-42-150  Landscaping. Go to the top

A landscaping plan shall be submitted for review and approval. (Ord. 149 Art. 21 §2(13), 1973)

17-42-160  Floor level; exception. Go to the top

Excavation shall occur to lower the profile of the units so the floor level of the units is not higher than ten inches from the ground level. This requirement may be altered if in the opinion of the city engineer the requirement would not be in the interests of the health, safety, and welfare of the residents of the park due to any unusual topographic or geological conditions of the mobile home site. (Ord. 149 Art. 21 §2(14), 1973)

17-42-170  Fencing. Go to the top

A decorative fence or wall shall be provided around the perimeter of the site, or landscaping or earth mounds of six feet in height to screen the park from view when adjacent or across the street from a residential use other than a mobile home park. (Ord. 149 Art. 21 §2(15), 1973)

17-42-180  Setback; street. Go to the top

No mobile home unit shall be located closer than ten feet to a private street. (Ord. 149 Art. 21 §2(16), 1973)

17-42-190  Setback; boundary. Go to the top

Mobile homes shall be placed no nearer than twenty feet from any boundary that is not a street, and twenty-five feet from any boundary adjacent to a street. (Ord. 149 Art. 21 §2(17), 1973)

17-42-200  Storage units. Go to the top

Storage units shall be designed as an integral part of the site and shall be screened from normal view. (Ord. 149 Art. 21 §2(18), 1973)

17-42-210  Utilities. Go to the top

All utilities shall be placed underground. City sewer and water shall be provided in accordance with city standards. (Ord. 149 Art. 21 §2(19), 1973)

17-42-220  Trash receptacles. Go to the top

Trash receptacles shall be provided and properly screened from view. (Ord. 149 Art. 21 §2(20), 1973)

17-42-230  Camper and boat storage. Go to the top

Provisions shall be made for camper and boat storage either adjacent to the mobile homes or in a central location. 100 square feet for each mobile home space shall be provided. (Ord. 149 Art. 21 §2(21), 1973)

17-42-240  Bonding. Go to the top

Bonding or some guarantee in a form acceptable to the city attorney shall be provided to guarantee performance of plans. (Ord. 149 Art. 21 §2(22), 1973)

17-42-250  Application procedure. Go to the top

Application procedures shall conform to the planned unit development procedures defined in chapter 17-38, B.M.C., including processing hearings and final recording of approved plans. (Ord. 149 Art. 21 §2(23), 1973)

17-42-260  Subdivision; standards generally. Go to the top

The division of land for the purpose of resale of sites for mobile home units shall only be permitted via the PUD review and recording process. In addition to the standards for mobile home parks, the standards in sections 17-42-270 through 17-42-310 shall also be applicable. (Ord. 149 Art. 21 §3(part), 1973)

17-42-270  Density. Go to the top

Density shall not exceed five units per acre. (Ord. 149 Art. 21 §3(1), 1973)

17-42-280  Total area. Go to the top

Minimum total area shall be forty acres. (Ord. 149 Art. 21 §3(2), 1973)

17-42-290  Footing, foundations, and tiedowns. Go to the top

All mobile homes shall have footings, foundations, and tiedowns in accordance with applicable provisions of the International Building Code, or the International Residential Code, as applicable, as adopted by the city, to provide soil bearing, loading, and wind pressures. Each mobile home development shall submit engineered footings, foundations, and tiedown designs for approval by the city engineer. Wheels shall not be used for bearing pressures, and shall be removed prior to occupancy. (Ord. 149 Art. 21 §3(3), 1973; Ord. 1858 §10, 2008)

17-42-300  Homeowners' organization. Go to the top

A legally authorized homeowners' organization shall be formed to maintain all common facilities. (Ord. 149 Art. 21 §3(4), 1973)

17-42-310  Recreation facilities. Go to the top

A swimming pool and clubhouse shall be provided. Facilities of equal importance and investment may be substituted if approved by the planning and zoning commission and the city council. (Ord. 149 Art. 21 §3(5), 1973; Ord. 1111 §39, 1995; Ord. 1935 §60, 2011)

17-42-320  General provisions. Go to the top

The general provisions in sections 17-42-330 through 17-42-350 shall apply to the use of mobile homes or travel trailers. (Ord. 149 Art. 21 §4(part), 1973)

17-42-330  Parking not in approved mobile home community; prohibited; exception. Go to the top

The parking of a mobile home on a lot not located within an approved mobile home community is prohibited unless the unit totally meets the provisions of the International Building Code or International Residential Code, as applicable, sits on a permanent foundation, and has a wood or masonry siding covering 70% of the exterior walls. (Ord. 149 Art. 21 §4(1), 1973; Ord. 1858 §11, 2008)

17-42-340  Mobile home community; housing travel trailers prohibited. Go to the top

The overnight housing and occupancy of travel trailers within a mobile home community is prohibited. (Ord. 149 Art. 21 §4(2), 1973)

17-42-350  Storing travel trailers permitted; conditions. Go to the top

Vacant travel trailers are permitted to be stored in any zone, provided that they are not occupied or do not sit within the required front yard. (Ord. 149 Art. 21 §4(3), 1973)

17-42-360  Definitions. Go to the top

(A)  Mobile home means any vehicle or similar portable structure having no foundation other than wheels, jacks, or skirtings, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

(B)  Mobile home court means any plot or ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

(C)  Mobile home space means a plot of ground within a mobile home court designed for the accommodation of one mobile home. (Ord. 388 §2, 1980)

17-42-370  Court; license; required. Go to the top

It is unlawful for any person to maintain or operate a mobile home court within the limits of the city, unless such person shall first obtain a license therefor. (Ord. 388 §2, 1980)

17-42-380  Court; license; fee. Go to the top

The annual license fee for each mobile home court shall be $50.00 for up to and including the first 500 platted mobile home spaces, and $10.00 for each additional 100 platted spaces or fraction thereof. (Ord. 388 §2, 1980)

17-42-390  Court; license; application; contents. Go to the top

Application for an initial mobile home court license for mobile home courts not previously licensed by the city shall be filed with the city clerk, and the license shall be issued by the city council. The application shall be in writing, signed by the applicant, and shall include the following:

(A)  The name and address of the applicant;

(B)  The location and legal description of the mobile home court;

(C)  A complete site plan of the court in conformity with the requirements of this chapter;

(D)  Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home court; and

(E)  Such further information as may be required by the city council to enable it to determine if the proposed court will comply with legal requirements. (Ord. 388 §2, 1980)

17-42-400  Court; license; issuance. Go to the top

The application and all accompanying plans and specifications shall be filed in triplicate, and the necessary fee for checking the plans, as provided in the building code, shall be paid at such time. The city council shall investigate the applicant and inspect the application and the proposed plans and specifications. Upon determination that the proposed mobile home court will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this chapter, and all other applicable ordinances and statutes, the city council shall approve the application, and upon completion of the court according to the plans, shall issue the license. (Ord. 388 §2, 1980)

17-42-410  Court; license; renewal. Go to the top

Upon application in writing by a licensee for renewal of a license by any licensed mobile home court and upon payment of the annual license fee, the city council shall issue a certificate renewing such license for another year. (Ord. 388 §2, 1980)

17-42-420  Court; license; transfer. Go to the top

Upon application, in writing, for transfer of a license, the city council shall issue a transfer, upon determination that the proposed mobile home court is in compliance with all provisions of this chapter and all other applicable ordinances and statutes. (Ord. 388 §2, 1980)

17-42-430  Court; license; revocation. Go to the top

The city council may revoke any license to maintain and operate a court when the licensee has been found guilty of violating any provision of this chapter. After such conviction, the license may be reissued, if the circumstances leading to conviction have been remedied. (Ord. 388 §2, 1980)

17-42-440  Court; license; posting. Go to the top

The license certificate or temporary permit shall be conspicuously posted in the office of, or on the premises of, the mobile home court at all times. (Ord. 388 §2, 1980)

17-42-450  Court; location. Go to the top

Mobile home courts shall be located only in zoning districts in which they are specifically permitted under the zoning ordinance, subject to approval by the planning and zoning commission and city council. (Ord. 388 §2, 1980; Ord. 1111 §40, 1995; Ord. 1935 §61, 2011)


Chapter 17-44

Sign Code

17-44-010  Short title. Go to the top

This chapter is known and may be cited as the "City of Broomfield Sign Code." (Ord. 149 Art. 22 §1, 1973; Ord. 249 Art. 1 §1, 1975)

17-44-020  Legislative declaration. Go to the top

The city council declares that in addition to the purpose stated in section 17-02-010, and in order to achieve a cumulative purpose in relationship thereto, it is the intent and purpose of this chapter to:

(A)  Recognize that the use of signs constitutes a use of the land;

(B)  Assist and be an integral factor in helping to assure the implementation of the goals and policies of the comprehensive plan;

(C)  Recognize that signs are a necessary means of visual communication for the convenience of the public;

(D)  Recognize and insure the right of those concerned to identify businesses, services, and other activities by the use of signs;

(E)  Provide a reasonable balance between the right of an individual to identify his or her business by the use of signs and the right of the public to be protected against visual discord resulting from the unrestricted proliferation of signs and similar devices;

(F)  Insure that signs are limited to those which are accessory and incidental to the use on the premises where such signs are located;

(G)  Insure that signs are compatible with adjacent land uses and with the total visual environment of the community;

(H)  Protect the public from hazardous conditions that result from signs which are structurally unsafe, or which obscure the vision of motorists or the view of warning signs;

(I)  Promote an overall visual effect which has a minimum of overhead clutter;

(J)  Encourage signs which are well designed and compatible with their surroundings and with the buildings to which they are appurtenant;

(K)  Recognize that the elimination, as expeditiously and reasonably as is possible, of existing signs that are not in conformance with the provisions of this chapter is as necessary to the public safety and welfare and to the protection of the visual environment as is the prohibition of new signs which would violate the provisions of this chapter;

(L)  Recognize that instances may occur where technical review of determinations made by the building official may for good cause be necessary, and to provide a procedure for such review; and

(M) Recognize the right of residents of the city to exercise their right to free speech by the use of signs containing noncommercial messages that are subject to minimum regulation regarding structural safety and visual setbacks. (Ord. 149 Art. 22 §2, 1973; Ord. 249 Art. 1 §2, 1975; Ord. 731 §2, 1987)

17-44-030  Applicability; conflict of provisions. Go to the top

(A)  The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location, and maintenance of all signs within the city, and it shall be unlawful to display, construct, erect, alter, use, or maintain any sign except in conformance with the provisions of this chapter.

(B)  Nonconforming signs existing at the time of enactment of the ordinance codified in this chapter shall be subject to the provisions of sections 17-36-060 through 17-36-180.

(C)  Except as specifically provided in this chapter, the following shall be exempt from the provisions of this chapter:

(1)  Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger. Identification or bulletin board signs accessory to governmental buildings or facilities shall not be exempt from the provisions of this chapter;

(2)  The flag, pennant, or insignia of any nation, organization of nations, state, county, city, religious, civic, or educational institution, except when such are used in connection with a commercial promotion, or as an advertising device;

(3)  Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local, or religious holiday or celebration; provided that such signs are not displayed for a period of more than sixty consecutive days, nor more than sixty days in any one year;

(4)  Signs displayed on trucks, buses, trailers, or other vehicles which are being operated or parked in the normal course of business, such as signs which are located on moving vans, delivery trucks, rental trucks, and trailers; provided that the primary purpose of such vehicles is not for the display of signs; provided further that said vehicles are parked in areas appropriate to their use as operational vehicles; and

(5)  Temporary or permanent signs erected by public utility companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.

(D)  If any of the provisions of this chapter are inconsistent with the provisions of any other law or laws presently existing or enacted in the future, of the city regarding requirements for signs, the provisions containing the more restrictive requirements shall apply. (Ord. 149 Art. 22 §3, 1973; Ord. 249 Art. 1 §3, 1975; Ord. 731 §3, 1987)

17-44-040  Scope. Go to the top

The provisions and requirements of this chapter shall apply to all signs erected or maintained in the city, unless specifically modified, excepted, or otherwise provided for by the specific provisions for any zoning district. (Ord. 149 Art. 22 §4(1), 1973; Ord. 249 Art. 1 §4(1), 1975)

17-44-050  Signs; permitted; permit not required. Go to the top

(A)  The following signs shall be permitted in all zoning districts, and all provisions of this chapter shall apply, except that a sign permit and sign permit fee shall not be required:

(1)  Street address or identification signs. Signs limited in content to name of occupant and address of premises, and signs advising of danger or caution which are nonilluminated, internally illuminated, or indirectly illuminated, and which are limited to wall, window, and freestanding signs; which do not exceed two square feet per face of four square feet in total surface area; which are limited to six feet in height; and which are limited to one such sign per each use or building, whichever is the greater number;

(2)  Real estate signs. Temporary nonilluminated real estate signs which do not exceed six square feet per face and six feet in height in residential areas, and twelve feet per face and six feet in height in business and industrial areas. Such signs shall be limited to one sign per street frontage of the lot. Such signs shall not remain in place more than seven days after sale or rental of the subject property;

(3)  Memorial signs. Signs in the nature of cornerstones, commemorative tablets, and historical signs which do not exceed four square feet per face in area and six feet in height, and which are nonilluminated or indirectly illuminated;

(4)  Private traffic directional signs. Private traffic directional signs guiding or directing vehicular traffic onto or off of a lot or within a lot, when such signs do not exceed six square feet per sign per face in area and eight feet in height, do not contain any advertising or trade name identification, and which are nonilluminated, internally illuminated, or indirectly illuminated. Private traffic-control signs which conform to the standards of the Colorado Manual of Uniform Traffic Control Devices may exceed six square feet per face in area, but shall not exceed seven square feet per face, and such signs shall not exceed eight feet in height;

(5)  Public purpose signs. Signs required or authorized for a public purpose by any law, statute, or ordinance. Such signs may be of any type, number, area, height above grade, location, or illumination, as authorized by the applicable law, statute, or ordinance. No such sign shall be placed in the public right-of-way, unless specifically authorized or required by the law, statute, ordinance, and, except for warning signs or barricades of a temporary nature, such signs shall be permanently attached to the ground, a building, or other structure;

(6)  Nonilluminated window signs. Nonilluminated window signs when the following conditions are met:

a.  The total area of such signs does not exceed 25% of the total window area in the same vertical plane at the ground floor level on the side of the building or business unit upon which the signs are displayed, and does not exceed 25% of the total allowable sign area for the premises,

b.  Whenever such signs are combined to achieve a single sign, such aggregate signs shall not exceed twenty square feet in area,

c.  Such signs must be placed behind a glass surface, and shall not be placed in unglazed openings, and

d.  No such sign shall be placed in windows above the ground floor level;

(7)  Political or noncommercial signs. Political or noncommercial signs which do not exceed sixteen square feet per face and seven feet in height in residential areas, and thirty-two square feet per face and seven feet in height in business and industrial areas, subject to the following regulations:

a.  No such signs shall be located within, on, or over any public right-of-way or other public property or within, on, or over private property without the consent of the owner. For the purpose of enforcing the provisions of this subparagraph, the terminus of the public right-of-way is the edge of the sidewalk adjacent to either a front lot line or side lot line; however, if there is no sidewalk, the terminus of the public right-of-way is four feet from the outside edge of a concrete curb, or if there is no curb, six feet from the edge of the asphaltic street pavement adjacent to either a front lot line or side lot line.

b.  Neither any person nor organization responsible for the erection or distribution of any sign which is intended to urge the voting public to support a candidate, political party, or political philosophy, or to urge action on any ballot issue, nor the owner of the property upon which such signs are located, shall fail to remove such signs within seven days after the election to which the signs pertain, unless such signs continue to be pertinent to another election to be held within ninety days, in which case such signs shall be removed within seven days thereafter.

(8)  Informational and directional signs. Signs commonly associated with and limited to information and directions and related to the permitted use on the lot on which the sign is located; provided that each such sign does not exceed 150 square inches in total area and is nonilluminated, internally illuminated, or indirectly illuminated. This category shall be interpreted to include such signs as "no smoking," "restroom," "no solicitors," "self-service," "vacancy," and similar information signs;

(9)  Customer information signs. Nonilluminated or indirectly illuminated signs which identify, as a courtesy to customers, items such as "credit cards accepted," "redemption stamps offered," "menus," or "prices." Such signs shall be limited to one sign for each use and shall not exceed four square feet per face or eight square feet per face or eight square feet in total area. Such signs may be attached to the building as projecting or wall signs, suspended from a canopy, or included as an integral part of a freestanding sign. If any such sign is located in the area described in section 17-44-090, it shall be subject to the requirements of that section; and

(10)  Copy changes. In addition to the above, no permit shall be required for copy changes on a conforming bulletin board, poster board, display case, or marquee; nor for maintenance where no structural changes are made; nor for copy changes on signs using interchangeable letters.

(11)  Bus stop shelter signs. No permit is required for signs on bus stop shelters that are located on public rights-of-way or on private property adjacent to public rights-of-way, provided the city has granted a revocable permit for any such bus stop shelter.

(B)  The signs permitted in paragraphs (1) through (7) of subsection (A) shall be permitted in addition to the signs permitted by sections 17-44-200 through 17-44-240, and shall not be counted against the total allowable sign area or total number of signs permitted on the premises, unless such signs exceed the limitations specified in paragraphs (1) through (7) of subsection (A). (Ord. 149 Art. 22 §4(2), 1973; Ord. 249 Art. 1 §4(2), 1975; Ord. 731 §§4, 5, 1987; Ord. 1031 §1, 1994; Ord. 1156 §1, 1995; Ord. 1201 §1, 1996)

17-44-060  Prohibited signs. Go to the top

The following signs shall not be permitted, erected, or maintained in the city:

(A)  Signs with visible moving, revolving, or rotating parts, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for time-temperature-date signs;

(B)  Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy;

(C)  Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electric pulsations;

(D)  Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations;

(E)  Signs which incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals;

(F)  Any sign together with its supporting structure, now or hereafter existing which, ninety days or more after the premises has been vacated, advertises an activity, business, product, or service no longer produced or conducted on the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the building official upon good cause for such extension being shown. In no event shall such an extension exceed thirty days. This provision shall not apply to signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business;

(G)  Any sign or structure which:

(1)  Is structurally unsafe,

(2)  Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation,

(3)  Is not kept in good repair and maintenance,

(4)  Is capable of causing electrical shocks to persons likely to come into contact with it,

(5)  In any way interferes with the clear and unobstructed view of any sign or device used for the control of traffic,

(6)  In any way interferes with the clear and unobstructed view of traffic on any street,

(7)  Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare, or

(8)  Creates in any other way an unsafe distraction for motor vehicle operators;

(H)  Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other required exitway;

(I)  Illegal nonconforming signs as defined by this chapter;

(J)  Roof signs; and

(K)  Off-premises advertising signs, or any other signs not pertinent and clearly incidental to the permitted use of the property where located, except for political or noncommercial signs as permitted and regulated by section 17-44-050, temporary subdivision directional signs as permitted and regulated by section 17-44-130, and signs permitted under the provisions of sections 17-44-320 through 17-44-370. (Ord. 149 Art. 22 §4(3), 1973; Ord. 249 Art. 1 §4(3), 1975; Ord. 731 §6, 1987)

17-44-070  Area computation. Go to the top

The area of a sign shall be measured in conformance with the following regulations:

(A)  In computing the area of a sign, standard mathematical formulas for common regular geometric shapes (triangle, parallelogram, circle, and ellipse, or combinations thereof) shall be used;

(B)  In the case of an irregularly shaped sign or a sign with letters or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single continuous rectilinear perimeter or not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of a similar character, together with any material or color forming an integral part or background of the display, or used to differentiate such sign from the backdrop or structure against which it is placed;

(C)  That portion of the sign structure which is visible and viewed in the same plane as the sign face which either exceeds 50% of the area of the sign face, or is made an integral part or background of the display, shall be included in computing the total sign area;

(D)  Where a sign has two or more display faces, the area of all faces shall be included in determining sign area;

(E)  The total surface area of multiple unit signs shall include the vertical and horizontal spacing between the letters which comprise the word or words that convey the sign's message;

(F)  Where three-dimensional figures are used as signs, the area shall be the total area, as projected on a vertical plane, of each side of the figure which is visible beyond the boundaries of the lot upon which the figure is located. For purposes of this regulation, a figure shall be considered to have not less than nor more than four sides, and the number of sides to measured shall be determined by the intended location and visibility of the figure;

(G)  Street or building frontage used as the basis of determining the permitted sign area for one building or use shall not be used again as the basis for determining the permitted sign area for another building or use. Nothing in this chapter shall be construed to prohibit the additional building or use from erecting a sign which would otherwise be authorized by the provisions of this chapter; and

(H)  All riders and attachments to signs or sign structures, whether temporary or permanent, shall be included as part of the total sign area for the sign to which they are attached. (Ord. 149 Art. 22 §4(4), 1973; Ord. 249 Art. 1 §4(4), 1975)

17-44-080  Sign; freestanding; setback. Go to the top

Freestanding signs in any zoning district other than political or noncommercial signs as referred to in paragraph 17-44-050(A)(7) of this chapter shall be set back the following distances, and no point of any such sign shall extend beyond the required setback line:

(A)  Signs up to and including seven feet in height shall be set back ten feet from any property line adjacent to a street;

(B)  Signs over seven feet in height shall be set back from any property line adjacent to a street equal to the required setback line as required by this title for the district in which the sign is located;

(C)  Signs in business and industrial districts shall not be located less than twenty-five feet from any adjacent residential zoning district line; and

(D)  In planned unit developments, a lesser setback may be permitted where deemed necessary and desirable, if specifically approved by the city council as a part of the PUD plan approval. (Ord. 149 Art. 22 §4(5), 1973; Ord. 249 Art. 1 §4(5), 1975; Ord. 1031 §2, 1994)

17-44-090  Sign; at street intersection. Go to the top

On corner lots, no sign or sign structure between a height of two and one-half feet and seven feet above the street elevation, other than a pole twelve inches or less in cross-sectional area, shall be erected within the following described area: The interior triangle formed by the right-of-way lines at such corner lots and a straight line joining said right-of-way lines at points which are fifty-five feet from the intersection of the right-of-way lines measured along said right-of-way lines, unless otherwise approved by the city engineer. This regulation shall apply to all signs except wall signs. (Ord. 149 Art. 22 §4(6), 1973; Ord. 249 Art. 1 §4(6), 1975)

17-44-100  Illuminated sign. Go to the top

Illuminated signs shall be subject to the following conditions:

(A)  Any light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly onto surrounding areas; and

(B)  Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. (Ord. 149 Art. 22 §4(7), 1973; Ord. 249 Art. 1 §4(7), 1975)

17-44-110  Sign; on fence or wall. Go to the top

Signs displayed upon fences or upon walls which are not an integral part of a building or which are used as fences, shall be erected or mounted in a plane parallel to the fence or wall, shall not extend above the top of the fence or wall, and shall not project more than fifteen inches from the face of the fence or wall. Such signs shall be subject to regulations of this title applicable to freestanding signs concerning maximum area per sign and number of signs permitted per lot or per premises. (Ord. 149 Art. 22 §4(8), 1973; Ord. 249 Art. 1 §4(8), 1975; Ord. 1031 §3, 1994)

17-44-120  Window sign. Go to the top

When permanent or temporary nonilluminated window signs are displayed in a window so as to be visible beyond the boundaries of the lot upon which such signs are displayed, the area of all such window signs in excess of 25% of the total window area in the same vertical plane at the ground floor level on the side of the building or business unit upon which such signs are displayed or 25% of the total allowable sign area for the premises shall be included in the total allowable sign area for the premises. All illuminated window signs shall be included in the total allowable sign area for the premises. No window sign shall be placed in windows above the ground floor level. Temporary posters announcing or advertising events sponsored by noncommercial organizations shall be exempt from the limitations on window signs. (Ord. 149 Art. 22 §4(9), 1973; Ord. 249 Art. 1 §4(9), 1975)

17-44-130  Temporary signs. Go to the top

Temporary signs in all zoning districts shall be subject to the following specific requirements:

(A)  Construction signs. Nonilluminated signs advertising subdivision, development, construction or other improvements of a property shall be permitted in any zoning district and shall comply with the following:

(1)  Such signs shall be limited to freestanding, wall, or window signs; shall not exceed sixty-four square feet in total area nor thirty-two square feet per face, and shall not exceed eight feet in height. No riders or attachments to such signs shall be permitted. For residential developments consisting of five dwelling units or less, the maximum area permitted for a construction sign shall be six square feet per face for each dwelling unit being constructed.

(2)  Construction signs shall be displayed only on the property to which the sign pertains. One such sign shall be permitted per street upon which the property either has frontage or has an entrance from a major thoroughfare; provided that the minimum distance between signs on any single development shall be 1,000 feet.

(3)  In the case of a subdivision, construction signs shall not be displayed prior to the date a final subdivision plat for the involved area has been officially approved by the city council. Said signs may be displayed for the duration of the subdivision and shall be removed upon completion of the project. If, for any reason, it cannot readily be determined if the project is completed or terminated, the building official shall make such determination. In other cases, such signs may be displayed for the duration of construction until issuance of a certificate of occupancy.

(4)  In addition to a construction sign advertising a subdivision, there shall be permitted one model home sign identifying each different model, not to exceed six square feet in total area, on each lot upon which a model home is located. Such model home sign shall be removed at the time the unit ceases to be a model home.

(B)  Subdivision directional signs. Subdivision directional signs are defined as nonilluminated signs informing the public as to routes or changes in direction of travel in order to arrive at a subdivision or similar development on which a construction sign is permitted by the terms of subsection 17-44-130(A). Subdivision directional signs shall be allowed in any zoning district, and shall comply with the following:

(1)  If such signs contain advertising for only one development, subdivision, or builder, such signs shall be known as "single tenant signs" and shall not exceed fifteen square feet per sign in total area or ten square feet per sign face, and shall not exceed eight feet in height;

(2)  If such sign contains advertising for two or more developments, subdivisions, or builders, such signs shall be known as "multi-tenant signs." Multi-tenant signs shall not exceed fifty square feet in total sign face, and shall not exceed eight feet in height, provided that the amount of sign area devoted to one development, subdivision, or builder on a multi-tenant sign shall not exceed fifteen square feet per multi-tenant sign in total area or ten square feet per sign face. At no time may a multi-tenant sign have fewer than two tenant advertisements. If a multi-tenant sign has fewer than two tenant advertisements, then said sign shall be removed within five working days following notice of removal by the building official.

(3)  Copy on such signs shall be limited to the name of the developer, the name of the development or project, and the characteristic insignia or trademark, and necessary travel directions. Advertisements for any development, subdivision, or builder must face the traffic in the normal direction of travel to that subdivision or development advertised. No riders or attachments to such signs shall be permitted.

(4)  Subdivision directional signs shall be located only on undeveloped land adjacent to arterial streets, which land may be property other than the subdivision or development to which the sign refers. Subdivision directional signs shall not be located any closer than 250 feet from a driveway or street intersection unless set back from any public right-of-way line more than twenty-five feet. The minimum distance between signs located on the same arterial street and referring to the same subdivision shall be one mile.

(5)  Subdivision directional signs shall not be displayed prior to the date a final subdivision plat for the involved area has been officially approved by the city council. Such signs may be displayed for the duration of construction within the subdivision, and shall be removed upon completion of the project. If, for any reason, it cannot be readily determined if the project is completed or terminated, the building official shall make such determination.

(6)  Applications for permits for subdivision directional signs shall be accompanied by a statement, signed by the owner of the property on which the sign is to be placed, indicating his or her consent to erect the sign and assuming the responsibility for its removal.

(C)  Temporary commercial signs. Temporary commercial signs are defined as nonilluminated signs informing the public as to commercial events, sales, or promotions for a particular business or group of businesses. Temporary commercial signs shall be allowed in any business or industrial district, and shall comply with the following:

(1)  Maximum sign area permitted: The maximum sign area permitted shall be seventy-five square feet for wall signs. The maximum sign area permitted shall be six square feet for freestanding signs. Wall signs shall be single-sided and freestanding signs may be double-sided.

(2)  For the purpose of determining the maximum number of temporary commercial signs, the following criteria shall apply:

a.  For a business with less than 35,000 square feet of business floor area, one freestanding sign and one wall sign are permitted.

b.  For a business with 35,000 to 100,000 square feet of business floor area, two freestanding signs and two wall signs are permitted.

c.  For a business with over 100,000 square feet of business floor area, three freestanding signs and three wall signs are permitted.

(3)  Wall signs. Wall signs must be fastened to the building and placed so as not to create hazardous or unsafe conditions. Wall-mounted signs must not block access to windows or doors. Wall signs cannot be hung from trees or be strung from posts in landscaping areas. Each temporary commercial wall sign permit shall be valid for thirty consecutive days. There shall be a thirty-day waiting period between the issuance of temporary commercial wall sign permits for the same business.

(4)  Freestanding signs. The following are the permitted locations, minimum setbacks, and related requirements for freestanding signs:

a.  The sign must be placed at least one foot behind the sidewalk. If there is no sidewalk, then the sign must be at least five feet from the back of the curb.

b.  The sign must be at least thirty feet from the edge of any access drive or street intersection or at any other location that would pose a potential hazard to vehicular traffic.

c.  The sign must not be placed where there is less than four feet of clearance for pedestrian passage or at any other location that would pose a potential hazard to pedestrian traffic.

d.  Businesses in a shopping center or other multi-tenant complex may place temporary freestanding signs adjacent to the business, at the perimeter of the site, or in a landscaped common area in conformance with all other requirements.

e.  There must be at least a twenty-five-foot separation between signs for multi-tenant centers.

f.  Temporary signs cannot be placed in medians in public streets.

g.  Off-site signage is not permitted. The freestanding sign must be located on the same property as the business for which it is advertising or within the shopping center in which the business is located.

h.  Temporary signs shall be displayed during daylight business hours only.

i.  Each permit for a temporary commercial freestanding sign shall be valid for one year, and such permit can be renewed annually, provided that the sign remains in good condition and in compliance with all other requirements. (Ord. 1875 §1, 2007)

17-44-140  Sign; subdivision entrance. Go to the top

Entry signs used for the purpose of identifying the entrance to a subdivision, planned unit development (PUD), or mobile home park shall be permitted in any zoning district, subject to the following conditions:

(A)  Such signs shall be limited to:

(1)  Individual letters on a building or freestanding wall;

(2)  A maximum of two signs per entry, one on each side of the street entering the premises; and

(3)  Fifty square feet of sign area per entry for subdivisions and mobile home parks, and 200 square feet per entry for planned unit developments, if specifically approved by the city council.

(B)  Such signs shall be used for the sole and exclusive purpose of identifying the entrance to the subdivision, mobile home park, or PUD, and the signs shall contain no copy other than the name of the subdivision, mobile home park, or PUD.

(C)  Such signs shall be set back a distance of fifteen feet from any property line, and shall not exceed five feet in height.

(D)  Such signs may have indirect or internal-indirect lighting.

(E)  Such signs shall be located in a setting of landscaped open space having a minimum size of four square feet for each one square foot of sign area.

(F)  Such signs shall be placed and installed in such a manner as to not confuse or in any way interfere with traffic, or present any traffic hazard.

(G)  The specific location of any design of such signs shall be approved by the department of community development. (Ord. 149 Art. 22 §4(11), 1973; Ord. 249 Art. 1 §4(11), 1975; Ord. 1805 §1, 2005)

17-44-150  Maintenance. Go to the top

Every sign including those specifically exempt from this chapter in respect to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant metals. The building official or his or her authorized representative shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (Ord. 149 Art. 22 §4(12), 1973; Ord. 249 Art. 1 §4(12), 1975)

17-44-160  Sign; accessory to nonconforming use. Go to the top

Signs accessory to legal nonconforming uses shall be permitted, subject to all regulations of the zoning district wherein such signs are located, as set forth in section 17-44-200 through 17-44-240. (Ord. 149 Art. 22 §4(13), 1973; Ord. 249 Art. 1 §4(13), 1975)

17-44-170  Signs; accessory to use permitted by special review. Go to the top

Signs which are accessory to those uses specified in the ordinance codified in this chapter as "Special Review Uses," shall conform to all regulations of this title, including those of the zoning district in which the use is to be located. As set forth in chapter 17-30, signs shall be subject to the review process set forth in that section. (Ord. 149 Art. 22 §4(14), 1973; Ord. 249 Art. 1 §4(14), 1975)

17-44-180  Sign; planned unit development. Go to the top

Signs located in planned unit developments shall conform to all regulations of this title including those of the zoning district in which the PUD is located, unless specifically exempted therefrom by the city council as a part of the PUD review and approval process, as set forth in chapter 17-38. (Ord. 149 Art. 22 §4(15), 1973; Ord. 249 Art. 1 §4(15), 1975)

17-44-190  International Building Code; applicability. Go to the top

All signs must meet the applicable design, construction, and related standards specified in the International Building Code. (Ord. 149 Art. 22 §4(16), 1973; Ord. 249 Art. 1 §4(16), 1975; Ord. 1858 §12, 2008)

17-44-200  District regulations established. Go to the top

The type of signs permitted and the regulation of the number, placement, area, and use of signs is established. No sign shall be erected except as provided in the district in which it is permitted, nor shall any sign be used for any purpose or in any manner, except as allowed by the regulations of the zoning district in which the sign is proposed or maintained. Upon application to and issuance by the building official of a permit therefor, the signs enumerated in sections 17-44-210 through 17-44-240 may be erected and maintained in the enumerated zoning districts. (Ord. 149 Art. 22 §5(1), 1973; Ord. 249 Art. 1 §5(1), 1975)

17-44-210  Low-density residential districts; requirements. Go to the top

The following requirements apply to signs in low-density residential districts:

(A)  Zoning districts OLPF, A-1, E-1, E-2, R-1, R-PUD, and other such open lands, agricultural, or low-density residential districts as may be established pursuant to the provisions of this title;

(B)  General: Signs shall be located on the same lot as the permitted use to which the signs are accessory, and shall be clearly incidental, customary, and commonly associated with the operation of the permitted use;

(C)  Class of sign permitted: Freestanding, wall, and window;

(D)  Type of sign permitted: Identification sign, and bulletin board for nonresidential uses only, such as churches and schools;

(E)  The following are the maximum permitted sign areas for the uses indicated:

(1)  Identification sign for single-family residential uses, not to exceed four square feet per lot; and

(2)  Identification sign and bulletin board for nonresidential uses, not to exceed a combined total sign area of twenty-five square feet per building or lot, whichever the case may be;

(F)  The following are the maximum permitted sign area per face for the uses indicated:

(1)  Identification sign for single-family residential uses, two square feet; and

(2)  Identification sign, bulletin board, or any combination thereof for nonresidential uses, fifteen square feet;

(G)  The following are the maximum number of signs permitted for the uses indicated:

(1)  Identification sign for single-family residential uses, one per lot;

(2)  Identification sign for nonresidential uses, one per building; and

(3)  Bulletin board for nonresidential uses, one per building;

(H)  The following are the permitted locations, minimum setbacks, and related requirements for signs in the uses indicated:

(1)  Freestanding signs shall be set back a minimum of ten feet from any property line;

(2)  Wall and window signs shall be set back from the boundary line of the lot on which such sign is located the same distance as the structure containing the permitted use; and

(3)  No sign shall project into any public right-of-way;

(I)  Permitted maximum height above grade: Signs permitted by this section shall not exceed six feet in height above grade level; and

(J)  Permitted illumination and animation: Signs permitted in this section shall be nonilluminated, internally illuminated, or indirectly illuminated, subject to the requirements set forth in section 17-44-100. If illuminated, such illumination shall be turned off between the hours of 11:00 p.m. and 7:00 a.m., unless illumination is clearly required for safety purposes. Signs shall not be animated. (Ord. 149 Art. 22 §5(2), 1973; Ord. 249 Art. 1 §5(2), 1975; Ord. 651 §3, 1985, Ord. 1974 §3, 2013)

17-44-220  Medium-density and high-density residential districts; requirements. Go to the top

The following requirements apply to signs in medium-density and high-density residential districts:

(A)  Zoning districts: R-3, R-3 (PUD), R-5, R-5 (PUD), and such other medium-density and high-density residential zoning districts as may be established pursuant to the procedures of this title;

(B)  General: Signs shall be located on the same lot as the permitted use to which the signs are accessory, and shall be clearly incidental, customary, and commonly associated with the operation of the permitted use;

(C)  Class of sign permitted: Freestanding, wall, and window;

(D)  Type of sign permitted: Identification sign, bulletin board for nonresidential uses only, such as churches and schools, and business sign only for uses permitted by special review;

(E)  The following are the maximum permitted sign areas for the uses indicated:

(1)  For multiple-family residential uses, identification sign of two square feet per dwelling unit, not to exceed a total of thirty-two square feet per multiple-family building,

(2)  For nonresidential uses, identification sign and bulletin board not to exceed a combined total sign area of twenty-five square feet, and

(3)  For uses permitted by special review, the total area of the business sign shall be the lesser of fifty square feet, or the maximum sign area permitted for the use in the schedule of requirements for the business zoning districts. The sign area shall not be in addition to any identification sign or bulletin board permitted by this section;

(F)  The following are the maximum permitted areas per sign face for the uses indicated:

(1)  Identification sign for multiple-family uses, sixteen square feet,

(2)  Identification sign, bulletin board, or any combination thereof for nonresidential uses, fifteen square feet, and

(3)  Business sign for uses permitted by special review, fifteen square feet;

(G)  The following are the maximum numbers of signs permitted for the uses indicated:

(1)  Identification sign for multiple-family uses, one sign per building frontage,

(2)  Identification sign for nonresidential uses, one sign per lot,

(3)  Bulletin board for nonresidential uses, one per building, and

(4)  Business sign for uses permitted by special review, one per building;

(H)  The following are the permitted locations, minimum setbacks, and related requirements for signs in the uses indicated:

(1)  Freestanding signs shall be set back a minimum of ten feet from any property line,

(2)  Wall and window signs shall be set back from the boundary line of the lot on which such sign is located the same distance as the structure containing the permitted use; provided, however, that wall signs may project into the required setback space eighteen inches, and

(3)  No sign shall project into any public right-of-way;

(I)  The following are the maximum permitted heights for signs for the uses indicated:

(1)  Freestanding signs shall not exceed seven feet in height above grade level, and

(2)  The maximum height for wall signs shall be the lesser of the height of the building to which such sign is attached or fifteen feet; and

(J)  Permitted illumination and animation: Signs permitted by this section shall be nonilluminated, internally illuminated, or indirectly illuminated, subject to the requirements of section 17-44-100. (Ord. 149 Art. 22 §5(3), 1973; Ord. 249 Art. 1 §5(3), 1975)

17-44-230  Business districts; requirements. Go to the top

The following requirements apply to signs in business districts:

(A)  Zoning districts: B-1, B-1 (PUD), B-2, B-2 (PUD), B-PUD, and such other business zoning districts as may be established pursuant to the procedures of this title;

(B)  General: Signs shall be located on the same lot as the permitted use to which they are accessory and shall be clearly incidental, customary, and commonly associated with the operation of said permitted use;

(C)  Class of sign permitted: Freestanding marquee, projecting, suspended, wall, and window;

(D)  Type of sign permitted: Identification sign and bulletin board for any use permitted in residential zones as regulated by the residential zoning districts; business signs; joint identification sign; political sign; time-temperature-date sign; and temporary sign.

(E)  Maximum sign area permitted: The maximum sign area permitted shall be determined in accordance with one of the following provisions:

(1)  For a building having but one business or use located therein, the greater of twenty-five square feet, or one and one-half square feet of sign area for each horizontal lineal foot of building frontage at the street level; provided, however, that the maximum total sign area for any such building shall not exceed 300 square feet.

(2)  For a building having more than one business or use located therein, for each business or use occupied at the street level, one square foot of sign area for each horizontal lineal foot of building frontage of said business or use at the street level for the first 200 feet of building frontage, plus one-half square foot of sign area for each horizontal lineal foot of frontage thereafter, subject to the following adjustment factor and subject to the following limitations:

a.  Adjustment factor. Where the sign area, as based upon the provisions of paragraph (E)(2), for a business or use occupied at the street level does not result in twenty-five square feet, then the sign area for that business or use may be increased to, but shall not exceed, twenty-five square feet.

b.  Limitations. The maximum total sign area for any one business or use occupied at the street level shall not exceed 300 square feet.

(3)  For the purpose of determining the total allowable sign area for buildings with more than one building frontage, the following criteria shall apply:

a.  Where the building has more than one building frontage, as defined in this chapter, the maximum sign area for that building shall be based upon the total horizontal length of not more than two contiguous frontages; and

b.  Signs may be located on any side of the building involved; provided, however, that the total sign area for any one side of the building shall not exceed the sign area permitted on the basis of that building frontage considered independently of other frontages.

(F)  The following are the maximum sign surface areas for the uses indicated:

(1)  Freestanding sign. One and one-half square feet of sign area for each horizontal lineal foot of building frontage; provided, however, that the maximum total surface area of any freestanding sign shall not exceed 200 square feet, and the maximum surface area of any one face of a freestanding sign shall not exceed 100 square feet.

(2)  Marquee sign. The maximum surface area of any one face of a marquee sign shall not exceed ten square feet.

(3)  Projecting sign. The maximum surface area of a projecting sign shall be the lesser of:

a.  One square foot of sign area for each horizontal lineal foot of frontage of the building or business unit upon which such sign is displayed; or

b.  Twenty square feet per sign.

The maximum surface area of any one face of a projecting sign shall not exceed ten square feet. Any end panel on a projecting sign shall be counted as a face of the sign and shall be included in the area of that sign if the end panel is twelve inches or more in width.

(4)  Suspended sign. The maximum total surface area of a suspended sign shall not exceed ten square feet, and the maximum surface area of any one face of such a sign shall not exceed five square feet.

(5)  Wall signs. The total area of all wall signs on any face of a building shall not exceed 25% of the area of that portion of the building façade, between ground level and the roof line, or a line twenty-five feet above grade level, whichever is the lesser, upon which said signs are attached. The wall surface shall be determined by taking the product of the building frontage of the building, measured along the wall upon which the sign is attached, times the height of the roof line of the building to which the sign is affixed. The maximum allowable surface area of the face of any wall sign shall be determined in accordance with the following table:

Wall Surface
(Building Frontage Times Height of Roof Line)
Maximum Permitted Surface Area
of the Face of Any Wall Sign
0-999 sq. ft. 50 sq. ft.
1,000-1,999 sq. ft. 60 sq. ft.
2,000-2,999 sq. ft. 70 sq. ft.
3,000-3,999 sq. ft. 80 sq. ft.
4,000-4,999 sq. ft. 90 sq. ft.
5,000 sq. ft. and above 100 sq. ft.

(6)  Window sign. See sections 17-44-050 and 17-44-060;

(G)  Maximum number of signs permitted. The maximum number of signs permitted shall be determined in accordance with one of the following provisions:

(1)  For a building having but one business or use located therein, three signs per building frontage, not to exceed a total of five signs per building. Signs may be placed on any side of the building consistent with this provision; provided that the total combined area of all such signs shall not, in any event, exceed the maximum total sign area permitted for that building pursuant to the provisions of this chapter,

(2)  For a building having more than one business or use located therein, the maximum number of signs for that building shall not exceed two signs for each business at the street level for its exclusive use,

(3)  One freestanding sign shall be permitted for each frontage of the building involved. Where a building has more than one building frontage, as defined in this chapter, the freestanding sign permitted for each frontage shall be located adjacent to that frontage, and the minimum horizontal distance between such signs on the same lot shall be seventy-five feet, and

(4)  Not more than one projecting sign shall be permitted on each face of a building;

(H)  The following are the permitted locations, minimum setbacks, and related requirements for signs for the uses indicated:

(1)  Freestanding sign. Signs shall be set back ten feet from any street right-of-way line; provided that a clear area be maintained to a height of six feet within fifty-five feet of the intersection of two streets, or a railroad right-of-way and a street, or a driveway and a street. Freestanding signs shall not be located less than twenty-five feet from any residential district. The horizontal distance between freestanding signs on adjacent lots shall not be less than the height of a taller sign. No freestanding sign shall project into a public right-of-way;

(2)  Marquee sign. Marquee signs shall be set back from the boundary line of the lot on which they are located the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches, but shall not project into a public right-of-way. No marquee sign shall project more than two feet from the principal building to which such sign is attached;

(3)  Projecting sign. Projecting signs shall be set back from the boundary line of the lot on which they are located the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches, but shall not project into a public right-of-way. Such signs shall not project more than two feet from the face of any building, and shall have a minimum clearance above ground level of eight feet. No projecting sign shall project more than two feet from the building to which such sign is attached;

(4)  Suspended sign. Suspended signs shall be set back from the boundary line of the lot on which they are located the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches but shall not project into any public right-of-way. Such signs shall have a minimum clearance above ground level of eight feet. The minimum horizontal distance between suspended signs shall be fifteen feet, and such signs shall not project beyond the outside limits of the arcade, canopy, or marquee to which they are attached. Such signs shall be subject to the safety standards of this title;

(5)  Wall sign. Wall signs shall be set back from the boundary lines of the lot the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches, but shall not project into any public right-of-way. No wall sign shall be attached to or displayed against any parapet wall which does not extend around the entire perimeter of the building;

(I)  The following are the maximum heights permitted for signs for the uses indicated:

(1)  Freestanding sign. Signs may be a maximum of twenty feet in height;

(2)  Marquee, projecting, and suspended signs. The maximum height for such signs shall be the lesser of the height of the building to which such signs are attached or fifteen feet above grade level;

(3)  Requirements applicable to all signs. No point on any marquee, projecting, suspended, or wall sign shall project above the roof structure to which it is attached. Signs attached to parapet walls shall not project above the highest point of the parapet wall;

(J)  Permitted illumination and animation. Signs permitted in this section may be internally or indirectly illuminated, subject to the requirements of section 17-44-100. No sign shall be animated;

(K)  Joint identification signs. Subject to the conditions set forth in this chapter, and upon application to and issuance by the building official of a permit therefor, joint identification signs are permitted for two or more businesses within the same building, or for more than one building within a collectively and jointly used area, excluding parking, where such building has at least 500 horizontal lineal feet of building frontage at the street level, or where such buildings within a collectively and jointly used area have at least a combined total of 500 horizontal lineal feet of building frontage at the street level. The following joint identification signs and requirements are in addition to all other permitted signs and requirements:

(1)  Class of joint identification signs permitted: Freestanding and wall,

(2)  Maximum sign area permitted: One-half square foot of sign area for each horizontal lineal foot of building frontage at the street level for the building or buildings involved,

(3)  Maximum sign surface area permitted. The total surface area of any joint identification sign shall not exceed 200 square feet, and the surface area of any one face of a joint identification sign shall not exceed 100 square feet,

(4)  Maximum number of joint identification signs permitted. One joint identification sign shall be permitted for each 500 horizontal lineal feet of building frontage at the street level,

(5)  General location and review. The location of all joint identification signs shall be subject to the review and approval of the department of community development. Said review shall be consistent with the provisions of this chapter,

(6)  Freestanding joint identification signs.

a.  Signs shall be set back ten feet from any street right-of-way line; provided that a clear area be maintained to a height of six feet within fifty-five feet of the intersection of two streets, or a railroad right-of-way and a street, or a driveway and a street, unless otherwise approved by the city engineer.

b.  All freestanding joint identification signs shall not be located less than twenty-five feet from any residential zoning district.

c.  The horizontal distance between freestanding joint identification signs on the same lot or with the same jointly identified area shall not be less than 500 feet.

d.  The horizontal distance between freestanding joint identification signs on adjacent lots shall not be less than the height of the taller sign.

e.  No freestanding joint identification sign shall project into any public right-of-way.

(7)  Other requirements for freestanding joint identification signs.

a.  There shall be a minimum of one square foot of landscaped area at the base of freestanding joint identification signs per each one square foot total sign area of such signs. All landscaped areas shall be properly maintained at all times.

b.  Consistent with subparagraph (K)(7)a. above, design, location, and landscape treatment shall be subject to site plan review and approval by the department of community development. If such matters are not shown in detail on the original site development plan, then a separate site plan application shall be required.

c.  Masonry and landscaping incorporated as an integral part of a joint identification sign will not be counted as a part of such sign for the purpose of sign area measurement.

(8)  Wall joint identification sign.

a.  Wall joint identification signs shall be set back from the boundary lines of the lot the same distance as the structure containing the permitted uses; provided, however, that such signs may project eighteen inches into the required setback space.

b.  No wall joint identification sign shall project into any public right-of-way.

c.  No wall joint identification sign shall be attached to or displayed against any parapet wall which does not extend around the entire perimeter of the building.

(9)  Permitted maximum height above grade.

a.  The maximum height of a freestanding joint identification sign shall be twenty feet.

b.  The maximum height of a wall joint identification sign shall be the lesser of the height of the building to which said sign is attached or twenty-five feet above grade level.

(10)  Permitted illumination and animation. Joint identification signs may be internally or indirectly illuminated, subject to the requirements of section 17-44-100. No joint identification sign shall be animated;

(L)  Time-temperature-date signs. Time-temperature-date signs which do not exceed twenty-five square feet per face shall not be required to be included in the allowable sign area permitted for the building; provided, however, that any identification or advertising which is attached to or made a part of the same sign structure shall be included in the allowable sign area for the premises. It shall be the responsibility of the owner of such signs to maintain them and insure that they are kept accurate. If these conditions are not met, then the time-temperature-date sign shall be repaired or removed by the city; and

(M) Buildings which constitute signs.

(1)  Any building or portion of a building which is proposed to be erected in a business or industrial district and which is classified as a sign, as defined in this chapter, shall be permitted only upon application for, and approval of, a special review, in accordance with the procedure set forth in sections 17-44-320 through 17-44-370.

(2)  It shall be the responsibility of the building official to determine whether or not a proposed building, or portion thereof, will be classified as a sign prior to issuance of a building permit, and to notify the owner or builder of the proposed building of such findings and of the provisions of this subsection. No building permit shall be issued for any such building until approval of the building has been given in accordance with the provisions of sections 17-44-320 through 17-44-370.

(3)  The owner or builder shall furnish, at the time of application for a building permit, building plans, elevations, and details which are adequate to enable the building official to make the necessary determination as to whether or not the building should be classified as a sign.

(4)  The owner or builder of any building which is classified as a sign by the building official shall have the right to appeal such interpretation to the planning and zoning commission in the manner provided for in chapter 2-40, B.M.C. (Ord. 149 Art. 22 §5(4), 1973; Ord. 249 Art. 1 §5(4), 1975; Ord. 266 §1(a), 1976; Ord. 1805 §2, 2005; Ord. 1854 §1, 2006; Ord. 1935 §62, 2011)

17-44-240  Industrial districts; requirements. Go to the top

The following requirements apply to signs in the industrial districts:

(A)  Zoning districts: I-1, I-1 (PUD), I-2, I-2 (PUD), and such other industrial districts as may be established pursuant to the procedures found in this title;

(B)  General: Signs shall be located on the same lot as the permitted use to which they are accessory, and shall be clearly incidental, customary, and commonly associated with the operation of the use;

(C)  Class of sign permitted: Freestanding marquee, projecting, suspended, wall, and window;

(D)  Type of sign permitted: Identification sign and bulletin board for any use permitted in residential zones as regulated by the residential zoning districts; business signs; joint identification sign; political sign; time-temperature-date sign; and temporary sign;

(E)  The following shall be the maximum permitted sign areas for the uses indicated:

(1)  The total sign area permitted per industrial building shall be determined as follows: the greater of twenty-five square feet, or one square foot of a sign area for each horizontal lineal foot of building frontage; provided, however, that the total sign area for any one building shall not exceed 300 square feet, and

(2)  For the purpose of determining the total allowable sign area for buildings with more than one building frontage, the following criteria shall apply:

a.  Where a building has more than one building frontage, as defined in this chapter, the maximum sign area for that building shall be based upon the total horizontal length of not more than two contiguous frontages, and

b.  Signs may be located on any side of the building involved; provided, however, that the total sign area for any one side of the building shall not exceed the sign area permitted on the basis of that building frontage considered independently of other frontages.

(F)  Applicability of schedule of requirements for business districts to industrial districts: The requirements of subsection 17-44-230(F), excluding paragraph (5), shall apply in their entirety to signs permitted in the industrial districts. That section and subsections set forth the requirements for the following:

(1)  Maximum sign surface area permitted,

(2)  Maximum number of signs permitted,

(3)  Permitted location, minimum setbacks, and related requirements,

(4)  Permitted maximum height above grade,

(5)  Permitted illumination and animation,

(6)  Joint identification signs,

(7)  Time-temperature-date signs, and

(8)  Buildings which constitute signs; and

(G)  Wall signs: The total area of all wall signs on any face of a building shall not exceed 25% of the area of that portion of the building facade between ground level and the roof-line, or a line twenty-five feet above grade level, whichever is the lesser, upon which the signs are attached. The surface area of the face of any wall sign shall not exceed fifty square feet. The addition required in that increase in maximum permitted wall signs for business districts does not apply to industrial zoning districts. (Ord. 149 Art. 22 §5(5), 1973; Ord. 249 Art. 1 §5(5), 1975; Ord. 266 §1(f, g), 1976)

17-44-250  Structural requirements; design. Go to the top

(A)  General. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment.

(B)  Wind loads. Signs and sign structures shall be designed and constructed to resist wind forces, as specified in the latest edition of the International Building Code.

(C)  Seismic loads. Signs and sign structures shall be designed and constructed to resist seismic forces, as specified in the latest edition of the International Building Code.

(D)  Combined loads. Wind loads and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses shall be used. Vertical design loads, except roof-line loads, shall be assumed to be acting simultaneously with the wind or seismic loads.

(E)  Allowable stresses. The design of wood, concrete, or steel members shall conform to the requirements of the latest edition of the International Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the latest edition of the International Building Code. The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate strength of the rope or fasteners. Working stresses for wind loads combined with dead loads may be increased as specified in the latest edition of the International Building Code. (Ord. 149 Art. 22 §6(1), 1973; Ord. 249 Art. 1 §6(1), 1975; Ord. 1858 §13, 2008)

17-44-260  Structural requirements; construction. Go to the top

(A)  General. Signs and sign structures shall be securely built, constructed, and erected in conformance with the requirements of this section.

(B)  Location. Supports for signs or sign structures shall not be placed in or upon public rights-of-way or public easements.

(C)  Materials and installation. Materials of construction and installation for signs and sign structures shall be of the quality and grade as specified for buildings in the latest edition of the International Building Code.

(D)  Restrictions on combustible materials. All sign structures, except for construction signs, those signs specifically excepted in section 17-44-050, window signs and signs located inside buildings which are erected in business and industrial zoning districts, shall have structural members of heavy timber or incombustible material. Wall signs, projecting signs, and signs on arcades and marquees shall be constructed of incombustible material, except as provided in subsection (E) of this section, or as specifically approved by the building official. No combustible materials other than approved plastic shall be used in the construction of electric signs.

(E)  Nonstructural trim. Nonstructural trim may be of wood, metal, approved plastic, or any combination thereof.

(F)  Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, vertical or horizontal, shall not exceed safe values. Braced ground signs shall be anchored to resist specified wind or seismic loads acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil for effective resistance to pullout amounting to a force 25% greater than the required resistance, to a depth of not less than three feet. Anchors and supports shall be guarded and protected when near driveways, parking lots, or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support safely the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall.

(G)  Display surfaces. Display surfaces in all types of signs may be made of metal or other approved materials.

(H)  Approved materials. The building official shall require that sufficient technical data be submitted to substantiate the proposed use of any materials; and if it is determined that the evidence is satisfactory for the use intended, he or she shall approve its use. (Ord. 149 Art. 22 §6(2), 1973; Ord. 249 Art. 1 §6(2), 1975; Ord. 1858 §14, 2008)

17-44-270  Structural requirements; clearance. Go to the top

(A)  Signs shall not be located with less than three feet horizontal nor eight feet vertical clearance from overhead electric conductors which are energized in excess of 750 volts.

(B)  No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with free use of any fire escape, exit, or standpipe. No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance of the city. (Ord. 149 Art. 22 §6(3), 1973; Ord. 249 Art. 1 §6(3), 1975)

17-44-280  Structural requirements; freestanding signs. Go to the top

(A)  Freestanding signs may be constructed of any material meeting the requirements of this chapter.

(B)  Supports for freestanding signs shall not be placed upon public rights-of-way or public easements, and shall be designed in accordance with the requirements of this chapter. Where such signs are located in vehicular parking and circulation areas, a base or barrier of concrete or steel not less than thirty inches high shall be provided to protect the base of the sign from possible damage by vehicles.

(C)  Where any freestanding sign has a clearance of less than eight feet from the ground, there shall be provided a barrier or other adequate protection to prevent hazard to pedestrians and motorists. (Ord. 149 Art. 22 §6(4), 1973; Ord. 249 Art. 1 §6(4), 1975)

17-44-290  Structural requirements; wall signs. Go to the top

(A)  Wall signs shall be constructed of incombustible material meeting the requirements of this chapter.

(B)  Projecting wall signs shall be designed in accordance with the requirements of this chapter. (Ord. 149 Art. 22 §6(5), 1973; Ord. 249 Art. 1 §6(5), 1975)

17-44-300  Structural requirements; marquee signs. Go to the top

Signs may be placed on, attached to, or constructed in a marquee. Such signs shall, for the purpose of determining projection, clearance, height, and materials, be considered a part of and shall meet the requirements for a marquee, as specified in the International Building Code. (Ord. 149 Art. 22 §6(6), 1973; Ord. 249 Art. 1 §6(6), 1975; Ord. 1858 §15, 2008)

17-44-310  Structural requirements; electric signs. Go to the top

(A)  General. Electric signs shall be constructed of incombustible material meeting the requirements of this chapter. Electric signs shall be rain-tight, except that service holes fitted with waterproof covers shall be provided to each compartment of such signs. All electric signs hereafter installed or erected in the city shall bear the label of Underwriters' Laboratories, Inc.

(B)  Installation. No electrical sign shall be erected or maintained which does not comply with the electrical code of the city.

(C)  Interference with radio or television. No electric equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of illuminated signs. Whenever interference is caused by an unfiltered or improperly filtered or otherwise defective sign, or by any other electrical device or apparatus connected to the sign, the building official shall order the sign disconnected until repairs are made. (Ord. 149 Art. 22 §6(7), 1973; Ord. 249 Art. 1 §6(7), 1975)

17-44-320  Special exceptions; intent. Go to the top

(A)  One of the stated intents of sections 17-44-320 through 17-44-370 is to encourage signs which are well designed and compatible and consistent with their surroundings, to encourage the use of freestanding identification signs which are of a low profile, planter-type design when such signs are designed to complement the architectural style and design of the building or subdivision to which they are appurtenant, and to be compatible with the general area where the sign is to be located.

(B)  Additionally, it is recognized that signs are a necessary means of communication for the convenience of the public. There are certain types of signs which are not in common use throughout the city or are peculiar to a particular type of activity and which are deemed to be desirable, under controlled circumstances, for the public convenience. The general regulations of this chapter, however, are such that these signs, signs on theater marquees, collective identification or directory signs showing the names of various civic or religious organizations, signs which identify large commercial or industrial developments, and kiosks located within pedestrian areas for the purpose of displaying posters and similar signs, are not generally permitted or are restricted in such a manner as to affect the utility of such signs.

(C)  Therefore, it is the intent of sections 17-44-320 through 17-44-370 to provide a means of review and approval of special exceptions to the provisions of this chapter whereby specified deviations from the general sign regulations may be allowed to permit the aforementioned types of signs, without need for proof of hardship; provided that the proposed size, location, and design of such signs are compatible with their surroundings and consistent with the general intent of this chapter.

(D)  Furthermore, there may be occasions when a building or portion of a building proposed to be built in the city will, by virtue of its design, decoration, illumination, or otherwise, be classified as a sign, as defined in this chapter, and, as a result, will exceed the maximum sign area permitted by this chapter. Therefore, it is the further intent of sections 17-44-320 through 17-44-370 to provide a means for review and evaluation of such proposals in order to insure that the resulting construction is compatible with the general intent of this chapter. (Ord. 521 §2, 1983)

17-44-330  Special exceptions; scope. Go to the top

Special exceptions pursuant to sections 17-44-320 through 17-44-370 may be made only for the following:

(A)  Exceptions to the maximum allowable sign area for the freestanding identification signs of a low profile, planter-type design when such signs:

(1)  Are located in business and industrial districts,

(2)  Are designed to complement the architectural style of buildings to which they are appurtenant, and

(3)  Contain no copy other than a name, street address, and a logotype or trademark. However, such exceptions shall not increase the sign area in an amount greater than 25% of the maximum allowable sign area for freestanding identification signs as provided for in the schedule of requirements for the business and industrial districts;

(B)  Exceptions to the maximum sign area for signs which identify developments, provided that:

(1)  The development is zoned to permit commercial or industrial uses;

(2)  The development is at least fifty acres in size;

(3)  The development fronts on an arterial street or highway;

(4)  A preliminary plat has been approved for the entire development;

(5)  A final plat has been approved for at least part of the development;

(6)  The sign contains no copy other than a name, street address, and a logotype or trademark;

(7)  No sign face is bigger than one square foot for each acre included in the preliminary plat; and

(8)  The total sign area is no more than two square feet for each acre included in the preliminary plat; or

(C)  Exceptions to the maximum sign area permitted on theater marquees in cases where necessary copy and standard changeable letter sizes clearly necessitate such an exception;

(D)  Exceptions to general sign regulations to permit the erection of collective identification or directory signs showing the names and locations of various civic or religious organizations in the community when such signs are not located on the premises of the uses being named, but rather are located in business or industrial districts, and are placed adjacent to an arterial street or highway near entrances to the city;

(E)  Exceptions to general sign regulations to permit the erection of kiosks or similar structures, and the display thereon of signs, posters, notices, etc., when such structures are located within primarily pedestrian-oriented circulation areas, and when such structures have little or no building frontage upon which basis permitted sign areas can be calculated. Such structures shall be permitted only in business or industrial districts, or within planned unit developments in residential districts; or

(F)  Proposals to erect buildings in business or industrial districts which, by reason of design, decoration, illumination, or otherwise, may be interpreted by the building official to be signs. (Ord. 521 §3, 1983)

17-44-335  Special exceptions; jurisdiction of planning and zoning commission. Go to the top

Jurisdiction is expressly conferred upon the planning and zoning commission only for the review of those matters specifically enumerated in subsections (A) through (F) of section 17-44-330, and in the manner provided in this section. This section shall not be construed nor interpreted as granting the planning and zoning commission any powers to vary the terms of this chapter in any way other than as specifically enumerated in this chapter. (Ord. 521 §4, 1983; Ord. 1111 §41, 1995; Ord. 1935 §63, 2011)

17-44-340  Special exceptions; application; contents. Go to the top

Application for approval of a sign permitted as a special exception shall be filed by the owner of the sign for which the new approval is requested. Such application may be submitted for review and approval concurrently with application for a planned unit development or a use permitted by special review under this title, if the sign is to be a part thereof. The application shall be submitted in writing to the department of community development, and shall include the following plans and information:

(A)  The name, address, and telephone number of the owner or person entitled to possession of the sign and of the sign contractor or erector;

(B)  The location by street address of the proposed sign structure;

(C)  A site plan, drawn to scale, showing the location of the proposed sign, the location of existing or proposed buildings or other structures on the lot, the location of existing signs and proposed signs on the premises, the location of public rights-of-way on or adjacent to the property, and the location of vehicular entrances and exits on the property;

(D)  Elevation drawings of the proposed sign, drawn to scale, showing major dimensions of the proposed sign, including height, clearance above sidewalks and distance of projection from the building, proposed sign copy, and pertinent architectural details and location of any landscaping to be provided in connection with the sign;

(E)  Type and location of proposed illumination;

(F)  Elevation or perspective drawings, or photographs, showing the architectural design and construction materials of existing proposed buildings on the lot, when such information is pertinent to the application;

(G)  Any additional information which the applicant feels may support the request;

(H)  Such additional information which the department of community development or the planning and zoning commission determines necessary to adequately review the request; and

(I)  Each application shall be accompanied by an application fee of $25.00 to cover the costs of processing and publication. The fee shall be in addition to the required sign permit fees. (Ord. 149 Art. 22 §7(3), 1973; Ord. 249 Art. 1 §7(3), 1975; Ord. 1111 §42, 1995; Ord. 1805 §1, 2005; Ord. 1935 §64, 2011)

17-44-350  Special exceptions; jurisdiction. Go to the top

The planning and zoning commission shall have jurisdiction to hear all applications for special exceptions. No special exception shall be granted unless the proposed sign or structure meets each and every one of the following requirements:

(A)  The proposed sign will not be contrary to the intent of this chapter, as declared in section 17-44-020;

(B)  The proposed sign will be in accordance with the intent of sections 17-44-320 through 17-44-370;

(C)  The proposed sign will comply with all applicable provisions of this chapter unless any such provisions are expressly permitted to be varied by the special exception procedure;

(D)  The proposed sign is reasonably necessary, and the degree of the exception is the minimum necessary to accomplish the purpose of the sign itself; and

(E)  The proposed sign will not result in adverse effects upon neighboring properties, or the health, safety, and general welfare of the public. (Ord. 149 Art. 22 §7(4), 1973; Ord. 249 Art. 1 §7(4), 1975; Ord. 1111 §43, 1995; Ord. 1935 §65, 2011)

17-44-360  Special exceptions; approval procedure. Go to the top

The following procedure shall be required in connection with any application for a special exception:

(A)  Within forty-five days after the receipt of an application, or as soon thereafter as possible, the planning and zoning commission, after giving notice, shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(B)  After hearing the application, the planning and zoning commission shall make its findings, which shall be recorded in the official minutes of the meeting, either:

(1)  Granting the proposal application in whole or in part, with or without modifications or conditions; or

(2)  Denying the application.

(C)  The decision of the planning and zoning commission shall not become effective until thirty days after the date the commission renders its decision.

(D)  The city council shall retain the right, on its own initiative, to review, approve, disapprove, change, alter, or in any other way amend the decision of the planning and zoning commission. In such event, the city council shall, within thirty days from the date of the planning and zoning commission's decision, notify the commission and the applicant that the city council has exercised its right to hear the application and to review the commission's decision. In such event, the following procedures shall apply:

(1)  Within ten days of receipt of notification, the chairman of the planning and zoning commission shall submit to the city clerk the application and all supporting materials and documentation pertaining thereto, and a written report of the commission's findings, decisions, and reasons therefor.

(2)  Within thirty days after issuing notification, the city council shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52.

(3)  After hearing the application, the city council shall make its findings pursuant to the criteria set forth in section 17-44-350 either:

a.  Granting the application in whole or in part with or without modifications; or

b.  Denying the application. The findings and decisions shall be recorded in the official minutes of the city council meeting.

(E)  All approved plans for the proposed sign shall be endorsed by the chairman of the planning and zoning commission or by the mayor, as the case may be, and shall be filed with the building official, who shall then issue a permit for the sign as approved.

(F)  Any modification of the proposed sign or sign structure after approval has been granted by the planning and zoning commission, or by the city council in the event the city council exercises its right of review, shall not be permitted unless specifically approved in accordance with all of the procedures applicable to the initial approval of the sign. If approval has been granted by the city council, any modification shall need to be approved by the city council. Nothing in this section shall be construed as preventing the city council from exercising its right of review for requested modifications for signs which the city council did not exercise said right for an initial approval granted by the planning and zoning commission. (Ord. 516 §14, 1983; Ord. 1111 §44, 1995; Ord. 1935 §66, 2011)

17-44-370  Special exceptions; existing signs. Go to the top

Any existing sign which does not conform to the regulations of this chapter but which may be permitted as a special exception pursuant to the provisions of sections 17-44-320 through 17-44-370 shall be subject to review of its nonconforming status, according to the following:

(A)  At any time after the effective date of the ordinance codified in this chapter, and at least ninety days prior to the expiration of the amortization period for the sign, as established in sections 17-36-070 through 17-36-180, the owner of the sign may make application for a special exception according to the requirements of section 17-44-340.

(B)  The application shall be processed and reviewed in the manner provided for in sections 17-44-350 and 17-44-360. The planning and zoning commission shall either:

(1)  Grant the application, as requested by the applicant, and confirm that the existing sign will thereafter be considered as a conforming sign;

(2)  Require any modifications or conditions which it deems necessary to insure that the sign is in compliance with the intent of this chapter and the intent of sections 17-36-070 through 17-36-180, and establish the conforming status of the sign according to the required modifications or conditions; or

(3)  Deny the application.

(C)  If the owner of the sign fails to make application for a special exception within the specified time period, or if the planning and zoning commission denies the application, the sign shall be considered a nonconforming sign and shall be subject to the amortization requirements of sections 17-36-070 through 17-36-180. (Ord. 149 Art. 22 §7(6), 1973; Ord. 249 Art. 1 §7(6), 1975; Ord. 1111 §45, 1995; Ord. 1935 §67, 2011)

17-44-380  Permit; application; approval. Go to the top

(A)  Except as provided in section 17-44-050, it shall be unlawful to display, erect, relocate, or alter any sign without first filing with the building official an application, in writing, and obtaining a sign permit therefor. When a sign permit has been issued by the building official, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without prior approval of the building official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the building official.

(B)  The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent. Such application shall be made, in writing, on forms furnished by the department of community development, and shall be signed by the applicant.

(C)  The building official shall, within five working days of the date of the application, either approve or deny the application, or refer the application back to the applicant in any instance where insufficient information has been furnished. (Ord. 149 Art. 22 §8(1), (2), 1973; Ord. 249 Art. 1 §8(1), (2), 1975; Ord. 1805 §1, 2005)

17-44-390  Permit; revocation; appeal. Go to the top

(A)  If the building official finds that work under any permit issued is not in accordance with the information supplied in the permit application or is in violation of this or any other pertinent ordinance, or should he or she find that there has been any misrepresentation in connection with the application for the permit, he or she shall notify the sign owner or erector of such findings and that the violation must be corrected without delay. If such correction is not made, the building official shall revoke the permit and serve written notice thereof upon the sign owner or erector. No person shall proceed with any part of such work after such notice is received.

(B)  The owner shall have the right to appeal the decision of the building official in the manner provided for in chapter 2-40. (Ord. 149 Art. 22 §8(3), 1973; Ord. 249 Art. 1 §8(3), 1975; Ord. 1935 §72, 2011)

17-44-400  Permit; nonuse; revocation when. Go to the top

(A)  If actual work either on or off the site is not commenced under any permit issued within sixty days from the date of such permit, or if substantial building operations under any permit issued under this chapter are suspended for a period of sixty consecutive days, the permit shall automatically become null and void.

(B)  Delays which are not a result of willful acts or neglect of the contractor, owner, or person obtaining the permit shall be excluded from the terms of subsection (A), and the building official may grant an extension of time in which to start or resume operations. All requests for extension and approval thereof shall be in writing. (Ord. 149 Art. 22 §8(4), 1973; Ord. 249 Art. 1 §8(4), 1975)

17-44-410  Permit; revocation; forfeiture of fees when. Go to the top

When any permit has been revoked under the terms and provisions of sections 17-44-390 through 17-44-400, permit fees shall not be refunded. (Ord. 149 Art. 22 §8(5), 1973; Ord. 249 Art. 1 §8(5), 1975)

17-44-420  Permit; plans, specifications, and other data. Go to the top

The application for a sign permit shall be accompanied by the following plans and other information:

(A)  The name, address, and telephone number of the owner or persons entitled to possession of the sign, and the name, address, and telephone numbers of the sign contractor or erector;

(B)  The location by street address of the proposed sign structure;

(C)  Complete information as required on the application forms provided by the building official, including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as is pertinent to the application;

(D)  Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used;

(E)  Application, and required information for such application, for an electrical permit for all electric signs if the person building the sign is to make the electrical connection; and

(F)  A statement of valuation. (Ord. 149 Art. 22 §8(6), 1973; Ord. 249 Art. 1 §8(6), 1975)

17-44-430  Permit; fees. Go to the top

A permit fee shall be paid to the department of community development for each sign permit issued under this chapter; provided, however, that a fee shall not be charged for putting a sign in conformance with this chapter when such action is taken voluntarily within six months prior to the expiration of the applicable amortization period, or for a copy change when no change in business name is involved. The permit fee shall be in accordance with the applicable schedule of fees set forth in the applicable ordinance of the city. (Ord. 149 Art. 22 §8(7), 1973; Ord. 249 Art. 1 §8(7), 1975; Ord. 1805 §1, 2005)

17-44-440  Identification and marking of signs. Go to the top

Each sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding fifteen square inches in area, stating the name of the person responsible for its construction and erection, with installation date and permit number thereon. Electrical signs shall be marked with input amperes at full load input. (Ord. 149 Art. 22 §8(8), 1973; Ord. 249 Art. 1 §8(8), 1975)

17-44-445  Identification and marking of temporary commercial signs. Go to the top

Each temporary commercial sign hereafter erected shall bear thereon a clearly legible identification sticker issued by the City and County of Broomfield. Such sticker shall identify the valid dates of the subject permit. (Ord. 1875 §2, 2007)

17-44-450  Inspection of signs. Go to the top

All signs shall be subject to inspections by the building official. Footing inspections may be required on the day of excavation for all freestanding signs. The building official may, within forty-eight hours after being notified that the sign is ready for inspection, also require inspection of electrical signs before erection. The permit holder or his or her agent shall notify the building official when signs are complete and ready for final inspection. (Ord. 149 Art. 22 §8(9), 1973; Ord. 249 Art. 1 §8(9), 1975)

17-44-460  Registration of existing signs. Go to the top

In order to facilitate the administration and enforcement of the provisions of this chapter, the building official may require the registration of all signs or of all signs in certain categories, which exist in the city, together with information relating to date of construction, cost, and similar information. Such registration, if required, shall be made by the owner of the sign or the owner of the property upon which the sign is located, on forms provided by the building official. No fee shall be required for such registration. (Ord. 149 Art. 22 §8(10), 1973; Ord. 249 Art. 1 §8(10), 1975)

17-44-470  Nonconforming signs; continuation; conditions. Go to the top

A nonconforming sign may be continued and shall be maintained in good condition; provided, however, that such sign shall not be:

(A)  Changed to another nonconforming sign;

(B)  Structurally altered, except to meet safety requirements;

(C)  Expanded;

(D)  Reestablished after its discontinuance for ninety days;

(E)  Continued in use after cessation or change of the business or activity to which the sign pertains; or

(F)  Reestablished after damage, if repair or reconstruction costs exceed 50% of the sign's replacement cost, as determined by the building official. (Ord. 856 §4, 1989)

17-44-480  Repair or removal of signs; notice; lien. Go to the top

(A)  If the building official finds that any sign is maintained in violation of the provisions of this chapter, he or she shall give written notice to the owner or person entitled to possession of the sign or the owner of the property where the sign is located. If such person fails to alter or remove the sign so as to comply with this chapter within thirty days after receipt of such notice, the building official may cause such sign to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of such expenses, certify same to the director of finance.

(B)  The director of finance shall notify the owner or person entitled to possession of the sign or property of the total costs incurred for such alteration or removal of the sign, and if that person fails within thirty days after the date of notification to pay the entire costs and expenses of such repair, alteration, or removal, than such costs and expenses shall become a lien against and running with the property, and the director of finance shall certify the same to the applicable county treasurer for collection in the same manner as general property taxes are collected.

(C)  The amount certified by the director of finance to the county treasurer for collection shall include the actual cost of repair or removal of the sign, plus 15% to defray the city's costs and expenses, and any charges of the county treasurer for such collection. (Ord. 856 §5, 1989)


Chapter 17-46

Reserved


Chapter 17-48

Amendments

17-48-010  Amendments to this title. Go to the top

Amendments to this title may be accomplished by ordinance adopted in accordance with the requirements of the Charter relating to ordinances. (Ord. 516 §16, 1983)

17-48-020  Procedure for rezoning. Go to the top

(A)  The owner of any property may apply to the planning and zoning commission for rezoning of his or her property. The applicant shall pay an application fee of $650.00 for rezoning ten acres or more of land and $250.00 for rezoning less than ten acres of land.

(B)  The city manager is authorized to apply to the planning and zoning commission for rezoning of any property within the city.

(1)  The city manager shall notify the owner or owners of any property subject to the application for rezoning that a hearing on the rezoning application will be held before the planning and zoning commission and before the city council.

(2)  The city manager's notification to the owner or owners shall set forth the reasons for the rezoning application.

(3)  Notification to the owner or owners by the city manager shall be by personal service or by certified mail not less than thirty days prior to the public hearing before the planning and zoning commission.

(C)  The planning and zoning commission shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. Following the hearing, the planning and zoning commission shall make recommendations to the city council concerning the application.

(D)  The city council shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52. Following the hearing, the city council shall either deny the application or shall approve it by ordinance. An ordinance may impose conditions on rezoning. (Ord. 516 §17, 1983; Ord. 1111 §45, 1995; Ord. 1278 §1, 1997; Ord. 1692 §4, 2002; Ord. 1935 §69, 2011)

17-48-030  Reconsideration; time limit. Go to the top

A proposed rezoning request for a similar classification or area to one already denied by the city council shall not be reconsidered by the city council within twelve months of the date of such city council action. Submission by a different applicant or minor changes in boundaries shall not be adequate reason to circumvent this requirement. (Ord. 149 Art. 24 §3, 1973)

17-48-040  Reclassification; development; time limit. Go to the top

At the time the planning and zoning commission and the city council consider an initial zoning request, a rezoning request, or any amendments to the zoning district map, the applicant shall be advised that the land must be developed in accordance with the designated zoning classification within two years after the date of granting same, and that in the event such development is not completed or substantially commenced within the two-year period, the city may, at its sole and exclusive option, review the zoning classification and initiate proceedings to rezone the land to the classification the land held immediately prior thereto, or to such other zoning classification as may be determined by the city council. (Ord. 149 Art. 24 §4, 1973; Ord. 1111 §46, 1995; Ord. 1935 §70, 2011)

17-48-050  Floodplain district; authority. Go to the top

The city council may alter, supplement, or change the flood regulatory, floodway, and flood storage district boundaries consistent with the provisions of this title. (Ord. 149 Art. 24 §5, 1973; Ord. 248, Art 4 §5, 1975)


Chapter 17-50

Enforcement

17-50-010  Methods. Go to the top

The provisions of this title shall be enforced by the following methods:

(A)  Requirement of building permit;

(B)  Requirement of a certificate of occupancy;

(C)  Inspection and ordering removal of violations;

(D)  Criminal liability; and

(E)  Injunction. (Ord. 149 Art 25 §1, 1973)

17-50-020  Building permit; required when. Go to the top

No building shall be erected, constructed, reconstructed, altered, moved, or structurally altered unless a building permit therefor has been issued by the building official or his or her authorized representative. All permits shall be issued in conformance with the provisions of this title. (Ord. 149 Art 25 §2, 1973)

17-50-030  Certificate of occupancy; required; issuance when. Go to the top

(A)  No building shall hereafter be changed to a business, commercial, or industrial use, nor shall any new structure, building, or land be occupied for a business, commercial, or industrial use unless the owner has first obtained a certificate of occupancy from the building official; provided that the use shall be in conformance with the provisions of this title. A certificate of occupancy shall be issued within three days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the city building official, and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(B)  The building official shall request the applicant, when applicable, to submit a certification by a registered professional engineer that the finished fill and building floor elevations, floodproofing measures, or other flood protection factors were accomplished in compliance with the provisions of this title. The building official shall, within three days after receipt of such certification from the applicant, issue a certificate of occupancy only if the building or premises and the proposed use thereof conform with all the requirements of this title. (Ord. 149 Art. 25 §3, 1973; Ord. 248, Art. 3, 1975)

17-50-040  Right of inspection; compliance required. Go to the top

The building official and his or her authorized representatives are empowered to cause any building, other structure, or tract of land to be inspected and examined, and to order, in writing, the remedying of any condition found to exist in violation of any provision of this title. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct or comply with such order. (Ord. 149 Art. 25 §4, 1973)

17-50-050  Criminal liability. Go to the top

A person shall be guilty of a misdemeanor in any case where:

(A)  Any violation of any of the provisions of this title exists in any building, other structure, or tract of land;

(B)  An order to remove any such violation has been served upon the owner, general agent, lessee, or tenant of the building, other structure, or tract of land, or any part thereof, or upon the architect, builder, contractor, or any other person who commits or assists in any such violation; and

(C)  Such person fails to comply with such order within ten days after the service thereof. (Ord. 149 Art. 25 §5, 1973)

17-50-060  Injunction. Go to the top

In addition to any of the foregoing remedies, the city attorney, acting in behalf of the city council, may maintain an action for an injunction to restrain any violation of this title. (Ord. 149 Art. 25 §6, 1973)

17-50-070  Penalty for violation. Go to the top

Any person violating any provisions of this title, upon conviction thereof, shall be punished as provided in chapter 1-12, B.M.C. (Ord. 149 Art. 25 §7, 1973)

17-50-080  City nonliability. Go to the top

This title shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this title, or failure to inspect or reinspect, or by reason of issuing a building permit as provided in this title. (Ord. 149 Art. 25 §8, 1973)

17-50-090  Minor variations. Go to the top

(A)  When in the public interest, the city manager or his or her authorized representative, without publishing, posting, or mailing of notice and without public hearing, may consider and render decisions on minor variances involving slight modification to the provisions of this title, but being limited to the following:

(1)  Reduction of lot area or minimum floor area by not more than the following amounts:

a.  Maximum lot area reduction of 10%;

b.  Maximum floor area reduction of 5%;

(2)  Reduction of yards and open areas by permitting portions of a building to extend into and occupy not more than 10% of the distance of a required yard.

(B)  In granting a minor variance, the city manager or his or her authorized representative shall make a finding that the granting of this variance conforms to the intent of section 2-40-070, B.M.C., which sets forth the criteria for the granting of variances. (Ord. 149 Art. 25 §9, 1973; Ord. 1935 §57, 2011)

17-50-100  Penalties designated for violation of subsection 17-44-130(C). Go to the top

In addition to other penalties that apply to persons violating provisions of this title, a person violating any of the provisions of subsection 17-44-130(C), B.M.C., upon issuance of written notice from the city of such noncompliance, shall have twenty-four hours in which to comply with the cited code provision. In the event such person does not so comply with the cited code provision within the aforementioned twenty-four-hour period, such person shall be in violation of subsection 17-44-130(C), and shall not be issued a temporary sign permit for thirty days following the issuance of such notice of violation. (Ord. 1875 §3, 2007)


Chapter 17-52

Public Notice Requirements

17-52-010  Uniform notice requirement established. Go to the top

Whenever, pursuant to this title 17 or pursuant to title 16, B.M.C., a public hearing before the city council or the planning and zoning commission is held, public notice shall first be given as provided in this chapter. Failure to give full notice as required by the terms of this chapter due to a clerical or administrative oversight or omission shall not affect the validity of any hearing or decision. The provisions of this chapter shall not apply to amendments to title 16 or title 17. (Ord. 516 §3, 1983; Ord. 769 §15, 1988; Ord. 1111 §47, 1995; Ord. 1935 §71, 2011)

17-52-020  Notice; contents. Go to the top

At a minimum, every type of notice required by this chapter shall contain the following information:

(A)  The name of the body before which the hearing is to be held;

(B)  The date, time, and place that the hearing will be held;

(C)  The legal description of the property with regard to which the hearing will be held; and

(D)  The action or decision which is requested or proposed. (Ord. 516 §3, 1983)

17-52-030  Notice; publication. Go to the top

Notice shall be given by publication one time in a newspaper of general circulation in the city at least five days before the hearing. (Ord. 516 §3, 1983; Ord. 1070 §2, 1994)

17-52-040  Notice; mail. Go to the top

Notice shall be given by first-class mail to the record owners of the property with regard to which the action or decision is proposed or requested and to the record owners of property within 500 feet thereof. The record owners must be determined as of not more than sixty days prior to the date notice is sent. The notices shall be sent at least ten days before the hearing. The applicant shall obtain and submit to the city the names and addresses of the record owners of the property with regard to which the action or decision is proposed or requested and of property within 500 feet thereof. (Ord. 516 §3, 1983)

17-52-050  Notice; posting. Go to the top

Notice shall be given by posting on the property or on a public right-of-way abutting the property. Each sign shall be at least twenty-two inches by twenty-eight inches in size. Posting shall be in at least one location, but the city manager or the director of community development may require such additional posting as they deem desirable. Posting shall be complete at least ten days before the hearing. Posting shall be the responsibility of the applicant, who shall submit an affidavit of posting immediately after posting the notice. All notices posted pursuant to this chapter shall be removed by the applicant within forty-eight hours after the hearing. (Ord. 516 §3, 1983; Ord. 1805 §1, 2005)

17-52-060  Notice; computation of time. Go to the top

In computing any period of time prescribed for the giving of notice, the day of the hearing shall not be included. The day of the publication, mailing, or posting shall be included. Saturdays, Sundays, and legal holidays shall be counted as any other day. (Ord. 516 §3, 1983)

17-52-070  Notice; fees. Go to the top

Fees for giving public notice as required by this chapter shall be $100.00 per application or proposal and shall be paid by the applicant for, or proponent of, the action being requested or proposed. These fees are in addition to any application fees, and shall be paid at the time the application is presented to the city. (Ord. 812 §1, 1989)

17-52-080  Continuation of hearing. Go to the top

A hearing, once commenced, may be continued to a date, time, and place certain by the body before whom it is being held without any additional public notice being required. (Ord. 516 §3, 1983)


Chapter 17-54

Oil and Gas Land Use Regulations

I. General Provisions

17-54-005  Short title. Go to the top

This chapter is known and may be cited as the "Broomfield Oil and Gas Regulations." (Ord. 1986 §1, 2013)

17-54-010  Purpose. Go to the top

This chapter is enacted to protect and promote the health, safety, morals, convenience, order, prosperity, or general welfare of the present and future residents of the city. It is the intent of the city council by enacting these regulations to facilitate the development of oil and gas resources within the city while mitigating potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that under state law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral rights. The State has a recognized interest in fostering the efficient development, production, and utilization of oil and gas resources, and particularly in the prevention of waste and protection of correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction. These regulations are intended to be an exercise of the land use authority of the city. Nothing in this chapter shall be construed as giving the city authority to enforce state or federal laws, rules, or regulations. (Ord. 1986 §1, 2013)

17-54-020  Definitions. Go to the top

All terms used in this chapter that are defined in the Act or in the Commission regulations and are not otherwise defined in this section, are defined as provided in the Act or in such regulations as of the effective date of this chapter. All other words used in this chapter are given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. When not otherwise clearly indicated by the context, the following words and phrases used in this chapter, whether capitalized or not, have the following meanings:

(A)  Act means the Oil and Gas Conservation Act of the State of Colorado at Section 34-60-101, et seq., C.R.S.

(B)  Commission or COGCC means the Colorado Oil and Gas Conservation Commission of the State of Colorado.

(C)  Day means a period of twenty-four consecutive hours.

(D)  Director means the Director of the Oil and Gas Conservation Commission of the State of Colorado or any member of the Director's staff authorized to represent the Director.

(E)  Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal, pursuant to authorizations granted by the Commission.

(F)  Inspector means any person designated by the chief building official, or designee thereof, who shall have the authority to inspect a well site to determine compliance with this chapter and other applicable ordinances of the city.

(G)  Oil and gas facility or facilities means and includes oil and gas well sites, flowlines, tank batteries, compressor stations, pits/ponds, below-grade tanks, dehydration units, associated air pollution control equipment (including flare units and vapor recovery units [VRUs]), and associated roads. Pipelines and gathering systems, other than flowlines, as well as salt water disposal wells and injection wells, are excluded. Locations with more than one of the above-mentioned types of equipment will be considered to be one facility.

(H)  Oil and gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

(I)  Operating plan means a general description of a facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services, infrastructure, and any other information related to regular functioning of such facility.

(J)  Operator means any person who exercises the right to control the conduct of oil and gas operations.

(K)  Owner means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or others, including owners of a well capable of producing oil or gas, or both.

(L)  Production site means the area surrounding proposed or existing production pits or other accessory equipment required for oil and gas production, at which may also be located tanks and tank batteries, exclusive of transmission and gathering pipelines.

(M) Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

(N)  Reserved.

(O)  Reserved.

(P)  Use tax means the tax paid by a consumer for using, storing, distributing, or otherwise consuming tangible personal property or taxable services inside the city.

(Q)  Well means, when used alone in this chapter, an oil or gas well, a hole drilled for the purpose of producing oil or gas, a well into which fluids are injected, a stratigraphic well, a gas storage well, or a well used for the purpose of monitoring or observing a reservoir.

(R)  Wellhead means aboveground surface equipment attached to the downhole wellbore equipment of a well.

(S)  Well site means that area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling, completion, recompletion, workover, development, and production activities. (Ord. 1986 §1, 2013)

17-54-030  Inspections. Go to the top

In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be inspected by the inspectors of the city at reasonable times to determine compliance with applicable provisions of this chapter, the International Fire Code, the International Building Code, and all other applicable standards in this title. For the purpose of implementing and enforcing the provisions of this chapter, the city personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present. The city may use the information collected on the inspections to enforce the requirements of this chapter. The city may also report this information to appropriate state officials, including but not limited to information regarding alleged violations of state rules. (Ord. 1986 §1, 2013)

17-54-040  Review required. Go to the top

Within all zoning districts, including a PUD (planned unit development) district, when an applicant wishes to drill a well that has not been previously permitted under this chapter, it is unlawful for any person to perform any such operation, unless a use permitted by special review has first been approved by the city council pursuant to chapter 17-30, B.M.C., or administrative approval by memorandum of understanding by the city manager in accordance with section 17-54-200. When a use permitted by special review or administrative approval by memorandum of understanding has been approved for a well, the reentering of such well for the purposes of deepening, recompleting, or reworking shall not require a subsequent approval under this chapter unless such work requires a new or modified permit from COGCC. The approval of such use by special review of administrative approval by memorandum of understanding does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments. (Ord. 1986 §1, 2013)

II. Use by Special Review

17-54-050  Use by special review application requirements. Go to the top

All applications for use permitted by special review approved by the city council pursuant to chapter 17-30, B.M.C., for an oil and gas facility shall include the following information:

(A)  The operator's and surface owner's names and addresses, COGCC Form 2, and designation of agent, if applicable.

(B)  A list of all permits or approvals obtained or to be obtained from local, state, or federal agencies other than COGCC.

(C)  A detailed site plan for all well sites that includes submittal to the city of all documents required to be submitted with COGCC Form 2A, a depiction of all visible improvements within 500 feet of the proposed location, to include buildings/residences, public roads and trails, major aboveground utilities, railroads, pipelines, mines, oil/gas/injection/water/plugged wells, etc. as required by COGCC Rule 303.d(3)(C), and the site plan requirements of this code, as amended.

(D)  A summary of planned operations, including identified access points and operational timeline for posting to a local community information web page.

(E)  A site plan for site preparation, mobilization and demobilization.

(F)  A plan for interim reclamation and revegetation of the well pad and final reclamation of the well pad.

(G)  A plan for noise, light, and dust mitigation.

(H)  A traffic management plan, and proposed form and issuer of a reasonable bond to cover any damage to public infrastructure during active drilling and completion.

(I)  A preliminary visual mitigation plan in compliance with COGCC Rule 804, including but not limited to a list of the proposed colors for the production facilities, regardless of construction date, which are observable from any public highway, providing for paint that is uniform, noncontrasting, nonreflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to but slightly darker than the surrounding landscape, a listing of operations' equipment, proposed fencing, and screening.

(J)  A list of permits that shall be submitted in conjunction with the APD and any exceptions proposed to be requested.

(K)  An air emissions mitigation plan that includes operator's written certification to the following minimum requirements:

(1)  During normal production operations, all continuously operated equipment, including but not limited to storage vessels and tanks, separators, pneumatic pumps, dehydrators, and compressors, shall route all natural gas and VOC vapors to a capture or control device with at least a 98% VOC destruction or control efficiency. In the case of temporary tanks located onsite for thirty days or less, operator shall use best efforts to achieve this requirement for such tanks. Operator shall submit manufacture test or other data demonstrating a 98% VOC destruction or control efficiency. Normal operations means all periods of operation, excluding malfunction. For storage tanks, normal operation includes, but is not limited to, liquid dumps from the separator or wellhead. A malfunction is defined as any sudden or unavoidable failure of air pollution control equipment or processequipment, or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

(2)  To comply with the applicable emissions regulations promulgated by the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Commission (AQCC), COGCC, and US Environmental Protection Agency (EPA).

(3)  Air and odor emissions from wells and associated equipment shall be in compliance with the permit and control provisions of the Colorado Air Quality Control Program, Title 25, Section 7, C.R.S., COGCC Rule 805, and all other applicable state, local, and federal regulations.

(4)  No venting of gas during production operations except as permitted by applicable COGCC, EPA, and AQCC regulations.

(5)  The operator shall develop and maintain a Leak Detection and Repair (LDAR) program that is comparable to EPA Method 21 for equipment used in permanent operations. LDAR shall be performed on newly installed equipment within thirty days of start-up of the equipment, and then on a quarterly basis. At least once per year, the operator shall notify the city five business days prior to an LDAR inspection of its facilities to provide the city the opportunity to observe the inspection. Detailed recordkeeping of the inspections for leaking components shall include: the date and time of inspections, identification of components for which leaks are detected and repaired, and justification for lack of immediate repair of any components for which repairs were not done or otherwise were deferred. If an IR camera is used, operators must retain an infrared image or video of all leaking components before and after repair. Such records must be maintained for two years and must be made available to the city upon request. The operator shall submit a proposed LDAR program to the city for review and approval with its use by special review application, for review and approval by the city.

(6)  The operator shall operate and maintain all air pollution control equipment pursuant to manufacturer specifications consistent with technological limitations and good engineering and maintenance practices.

(7)  The operator must submit an annual report to the city certifying: (a) compliance with these air quality requirements and documenting any periods of noncompliance, including the date and duration of each deviation and a compliance plan and schedule to achieve compliance; and (b) that the equipment at the well sites continues to operate within its design parameters, and if not, what steps will be taken to modify the equipment to enable the equipment to operate within its design parameters. The annual report must contain a certification as to the truth, accuracy and completeness of the reports, by a responsible corporate official. The operator may satisfy this reporting obligation in whole or in part by submitting its AQCC Regulations No. 7 semi-annual reports for the prior calendar year to the city, and supplementing them as needed to meet these reporting requirements for covered facilities within the city.

(L)  The operator is required to develop an emergency preparedness plan for each specific facility site, which is in compliance with the applicable fire code. The plan shall be filed with the city and the North Metro Fire Rescue District and updated on an annual basis in January of each year or as conditions change (responsible field personnel change, ownership changes, etc.). The emergency preparedness plan shall consist of at least the following information to be submitted to the city for review and approval:

(1)  Name, address and phone number, including twenty-four hour emergency numbers for at least two persons responsible for emergency field operations.

(2)  A diagram depicting the planned site design. Following construction of the facilities, the operator shall submit an as-built facilities map in a format suitable for input into the city's GIS system depicting the locations and type of above and below ground facilities, including sizes and depths below grade of all oil and gas gathering and transmission lines and associated equipment, isolation valves, surface operations and their functions, as well as transportation routes to and from exploration and development sites, for emergency response and management purposes. The information concerning pipelines and isolation valves shall be held confidentially by the city and shall only be disclosed in the event of an emergency or to emergency responders. The city shall deny the right of inspection of the as-built facilities maps to the public or for the training of emergency responders pursuant to Section 24-72-204, C.R.S.

(3)  Detailed information addressing each reasonable potential emergency that may be associated with the operation. This may include any or all of the following: explosions, fires, gas, oil or water pipeline leaks or ruptures, hydrogen sulfide or other toxic gas emissions, or hazardous material vehicle accidents or spills. A provision that any spill outside of the containment area, that has the potential to leave the facility or to threaten waters of the State, or as required by the city-approved emergency preparedness plan, shall be reported to the local emergency dispatch and COGCC Director in accordance with COGCC regulations.

(4)  Detailed information identifying access or evacuation routes, and health care facilities anticipated to be used.

(5)  A project-specific emergency preparedness plan for any project that involves drilling or penetrating through known zones of hydrogen sulfide gas.

(6)  A fire protection plan that is mutually acceptable to the operator and the appropriate fire district that includes planned actions for possible emergency events and other pertinent information. Prior to application to the city, aproposed fire protection and emergency response plan shall be submitted to and reviewed by the North Metro Fire Rescue District.

(7)  Detailed information showing that the operator has adequate personnel, supplies, and training to implement the emergency response plan immediately at all times during construction and operations.

(8)  A program to ensure that the operator maintains on site all current Safety Data Sheets (SDS) for all chemicals used or stored on a site. The SDS shall be provided immediately upon request to city officials, a public safety officer, or a health professional, as required by COGCC Rule 205.

(9)  A process by which the operator notifies the surrounding neighbors to inform them about the on-site operations and provide sufficient information for surrounding neighbors to communicate with the operator.

(10)  All training associated with the emergency preparedness plan shall be coordinated with the city and the North Metro Fire Rescue District.

(11)  A provision obligating the operator to reimburse the appropriate emergency agencies for expenses and damages resulting from the operator's operations, to the extent required by state statutes.

(12)  A list of chemicals anticipated to be disclosed through the "Frac Focus" uploading mechanism and regulated through COGCC Rule 205.

(M) A weed control plan.

(N)  The vicinity maps for a well site submitted with an application for a use permitted by special review shall be submitted on one or more plats or maps showing the following information:

(1)  Location of all existing water bodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5 minute series or assessor base maps which indicate topographic detail and show all existing water bodies and watercourses with a physically defined channel within a 500-foot radius of the proposed well for applications for use by special review or a one-half mile radius of the proposed well for applications for administrative approval by memorandum of understanding.

(2)  Location of existing oil and gas wells or injection wells as reflected in COGCC records. This information shall be submitted on a map and shall include any and all wells within a 1,000-foot radius of the proposed location for the well.

(3)  Location of drill site. The information to be submitted shall be on Commission Form 2 and shall include the parcel tax identification number. (Ord. 1986 §1, 2013)

17-54-060  Use by special review criteria. Go to the top

In considering an application for a use permitted by special review pursuant to chapter 17-30, B.M.C., for an oil and gas facility, the city council shall consider the following requirements to determine if an application for a use permitted by special review for a well site meets the requirements of this chapter:

(A)  The site plans for a well site application comply with the requirements of section 17-54-050;

(B)  The vicinity maps for a well site application comply with the requirements of section 17-54-050;

(C)  The narrative for a well site application complies with the requirements of section 17-54-050;

(D)  The well location and setbacks comply with the setback requirements of COGCC;

(E)  All plans have been submitted in compliance with section 17-54-050;

(F)  When applicable, compliance with the provisions for special mitigation of noise required in sections 17-54-080 and 17-54-090;

(G)  When applicable, compliance with the provisions for visual special mitigation required in sections 17-54-110 and 17-54-120;

(H)  When applicable, compliance with the provisions for geologic hazards, floodplains, or floodway required in section 17-54-150;

(I)  When applicable, compliance with the provisions for wildlife mitigation procedures required in section 17-54-170;

(J)  The application complies with all applicable COGCC, AQCC, EPA, and local laws and regulations, including sections 17-54-030 through 17-54-170;

(K)  The application complies with all other site-specific requirements as determined necessary by city council that are not in operational conflict, and are otherwise consistent with applicable law. (Ord. 1986 §1, 2013)

17-54-070  Documents submitted prior to drilling; use by special review. Go to the top

All drilling activities for use permitted by special review approved by the city council pursuant to chapter 17-30, B.M.C., for an oil and gas facility shall require compliance with the final plans listed below. Such final plans must be approved by the city manager prior to the commencement of drilling. The city manager has the discretion to refer any revised plan to city council for its consideration and decision. If the city did not require modification or supplementation of a draft plan submitted with the application under section 17-54-040, and the operator has not otherwise updated the plan, the version of the plan submitted with the application under section 17-54-050, shall be deemed to be the final plan. In such a case, the plan need not be resubmitted to the city for approval.

(A)  A response letter that outlines how the permit requirements have been met;

(B)  A summary of planned operations, including identified access points and operational timeline for posting to a local community information web page;

(C)  A site plan for site preparation, mobilization, and demobilization;

(D)  A plan for interim reclamation and revegetation of the well pad and final reclamation of the well pad;

(E)  Copies of all permits requested, including any exceptions;

(F)  A final air emissions mitigation plan;

(G)  A final emergency response preparedness plan;

(H)  An updated list of chemicals anticipated to be disclosed using the "Frac Focus" uploading mechanism and chemical inventory per COGCC Rule 205A;

(I)  A final plan for noise, light, and dust mitigation;

(J)  A final traffic management plan and a reasonable bond to cover any damage to public infrastructure during active drilling and completion;

(K)  A final visual mitigation plan; and

(L)  A final weed control plan. (Ord. 1986 §1, 2013)

17-54-080  Noise regulation and special mitigation measures. Go to the top

An application for a use permitted by special review pursuant to chapter 17-30, B.M.C., for an oil and gas facility shall require compliance with the following provision:

Any equipment used in drilling, completion, maintenance, stimulation, or production of a well shall comply with COGCC Rule 802 and Section 25-12-103, C.R.S. (For maximum permissible noise levels, the city may grant relief from these noise level requirements to the extent granted by COGCC.) To the extent practicable, exhaust from all engines, motors, coolers, and other mechanized equipment shall be vented in a direction away from occupied buildings. (Ord. 1986 §1, 2013)

17-54-090  Special mitigation measures; noise. Go to the top

(A)  Where a well and well site do not comply with the required setback or other requirements of this chapter, or where the well and well site are in an area of particular noise sensitivity, additional noise mitigation may be required. An area of particular noise sensitivity includes, but is not limited to, the following: hospitals, dwelling units, nursing homes, hotels, churches, and designated wildlife preserves. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:

(1)  Nature and proximity of adjacent development, location, and type;

(2)  Prevailing weather patterns, including wind directions;

(3)  Vegetative cover on or adjacent to the site; or

(4)  Topography.

(B)  Based upon the specific site characteristics set forth above, nature of the proposed activity, its proximity to surrounding development, and type and intensity of the noise emitted, additional noise abatement measures may be required. The level of required mitigation may increase with the proximity of the well and well site to areas of particular noise sensitivity or the level of noise emitted by the well and well site. One or more of the following additional noise abatement measures may be required:

(1)  Acoustically insulated housing or cover enclosing the motor or engine;

(2)  Noise management plan identifying hours of maximum noise emissions, type, frequency, and level of noise to be emitted, and proposed mitigation measures; or

(3)  Any abatement measures required by COGCC for high-density areas, if applicable. (Ord. 1986 §1, 2013)

17-54-100  Visual impacts and aesthetics. Go to the top

(A)  To the maximum extent practicable, oil and gas facilities shall be located away from prominent natural features such as distinctive rock and land forms, vegetative patterns, ditch crossings, city-approved open space areas, and other approved landmarks.

(B)  To the maximum extent practicable, oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.

(C)  To the maximum extent practicable, the applicant shall use structures of a minimal size to satisfy present and future functional requirements;

(D)  To the maximum extent practicable, when clearing trees and vegetation for construction of oil and gas facilities, the applicant shall feather and thin edges of vegetation.

(E)  To the maximum extent practicable, the applicant shall locate facilities at the base of slopes to provide a background of topography or natural cover.

(F)  The applicant shall replace earth adjacent to water crossings at slopes less than the normal angle of repose with the soil type of the site.

(G)  To the maximum extent practicable, the applicant shall align access roads to follow existing grades and minimize cuts and fills.

(H)  Facilities shall be painted as follows:

(1)  Uniform, noncontrasting, nonreflective color tones;

(2)  Color matched to land, not sky, slightly darker than the adjacent landscape.

(3)  Exposed concrete colored to match soil color. (Ord. 1986 §1, 2013)

17-54-110  Special mitigation measures; visual. Go to the top

Where a well or well site does not comply with the required setback or other requirements of this chapter, or in areas of increased visual sensitivity, such as a location near occupied buildings, the applicant shall submit a visual mitigation plan including one or more of the following standards, as appropriate:

(A)  To the maximum extent practicable, exterior lighting shall be directed away from residential areas and shielded from said areas to eliminate glare.

(B)  One or more of the following landscaping practices may be required where applicable, on a site-specific basis:

(1)  Establishment and proper maintenance of ground covers, shrubs, trees;

(2)  Shaping cuts and fills to appear as natural forms;

(3)  Cutting rock areas to create irregular forms;

(4)  Designing the facility to utilize natural screens; or

(5)  Construction of fences for use with or instead of landscaping. (Ord. 1986 §1, 2013)

17-54-120  Seismic operations. Go to the top

The approval of a use permitted by special review shall not relieve the operator from complying with all COGCC rules with respect to seismic operations. All notices which an operator is required to file with the Commission with respect the seismic operations shall be filed with the city on a timely basis. The city shall comply with the same confidentiality requirements which bind COGCC. (Ord. 1986 §1, 2013)

17-54-130  Signs. Go to the top

The approval of an oil and gas permit shall not relieve the operator from complying with all COGCC rules with respect to signs. In addition, the owner or operator shall maintain in good, readable condition all signs required by such COGCC regulations. (Ord. 1986 §1, 2013)

17-54-140  Reclamation. Go to the top

The approval of an oil and gas permit shall not relieve the operator from complying with all COGCC rules with respect to site reclamation. (Ord. 1986 §1, 2013)

17-54-150  Geologic hazard, floodplain, floodway restrictions. Go to the top

All equipment at drilling and production sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement, or subsidence and to the extent necessary to comply with the Federal Emergency Management Act. As applicable and as otherwise provided herein, all oil and gas operations shall comply with chapter 17-40, B.M.C. (Ord. 1986 §1, 2013)

17-54-160  Access roads. Go to the top

All private roads used to access the tank batteries and the wellhead shall be improved and maintained according to the following standards:

(A)  Access roads to tank batteries shall be subject to review by the city engineer in accordance with the following minimum standards:

(1)  A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six inches thick compacted to a minimum density of 95% of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, Aggregate Base Course, as specified for aggregate base course materials in the Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction," latest edition.

(2)  Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways (such as roadside swales, gulches, rivers, creeks, and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the city engineer.

(3)  Maintained so as to provide a passable roadway reasonably free of ruts at all times.

(B)  Access roads to the wellhead shall be subject to review by the city engineer in accordance with the following minimum standards:

(1)  A graded roadway approved by the city engineer.

(2)  Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval of the city engineer.

(3)  Maintained so as to provide a passable roadway generally free of ruts. (Ord. 1986 §1, 2013)

17-54-170  Wildlife. Go to the top

The applicant shall not engage in activities which, in the opinion of the Division of Wildlife, threaten endangered species. The operator shall comply with the city's prairie dog policies. (Ord. 1986 §1, 2013)

III. Administrative Approval by Memorandum of Understanding

17-54-200  Enhanced standards. Go to the top

All applications considered in the administrative review process and all oil and gas operations approved under this process shall be subject to and comply with the following standards and requirements, as applicable, in addition to the requirements of sections 17-54-050 through 17-54-170, except that such administrative review shall not include compliance with the use by special review requirements of chapter 17-30, B.M.C. The operator shall designate these standards and requirements, to the extent applicable, as agreed upon best management practices on any application the operator files with the Commission.

(A)  Administrative review criteria. In order to obtain an administrative approval by memorandum of understanding, an applicant, to operate an oil and gas facility, shall first satisfy the following criteria, except to the extent waived by the city as provided herein:

(1)  A memorandum of understanding (MOU), in a form approved by the city, shall be executed by the applicant and the city manager and currently be in full force and effect, and the oil and gas facility as proposed must be in compliance with the provisions of the MOU.

(2)  The application for administrative approval by memorandum of understanding and submittals to the city shall include the following:

a.  Those submittal requirements set forth in section 17-54-050.

b.  The following documents shall be submitted by the operator after the well completion:

1.  Water quality data collected at 1-, 3-, and 6-year post-completion intervals, as described in subparagraph 17-54-200(A)(3)u.18. below;

2.  Air quality and other data collected through the post-completion phase, as described in subparagraph 17-54-200(A)(3)u. below; and

3.  A comprehensive gas development plan as described in subparagraph 17-54-200(A)(3)u.41. below.

(3)  The MOU shall contain the following best management practices at a minimum, unless waived or modified by the city manager in accordance with section 17-54-220:

a.  The requirements of sections 17-54-060 and 17-54-070;

b.  The operator shall include as conditions of approval the best management practices requirements set forth in this paragraph (A)(3) (and related submitted plans) on all applications for Permit-to-Drill, Form 2, and Oil and Gas Location Assessments, Form 2A, submitted to the Commission for new wells after the effective date of this chapter, except to the extent the city in its sole discretion determines that such requirements do not need to be so included.

c.  The operator shall comply with all applicable state and federal regulations in addition to the terms of this agreement and the best management practices listed below. Any exploration or drilling activity conducted by the operator must comply with the revised rules adopted by COGCC on January 9, 2013, and as may be amended thereafter. Which regulation or best management practice is most stringent shall apply.

d.  The operator shall maximize equipment and wellhead setbacks from occupied buildings and residences beyond the setbacks required by COGCC to the extent commercially feasible and practicable.

e.  Any new wells drilled shall conform to COGCC setback rules as established effective August 1, 2013, and as such rules may be amended thereafter. Notwithstanding the previous sentence, the operator agrees (a) that the center of the wellhead for a new well shall not be located closer than 1,000 feet from an existing building unit or an existing high occupancy building (as such terms are defined by COGCC) and (b) that the associated pumping units, tanks, treaters and processing equipment shall not be located closer than 1,000 feet from an existing building unit or an existing high occupancy building.

f.  Containment berms. The operator shall utilize steel-rim berms around tanks and separators at well sites with sufficient capacity to contain 1.5 times the volume of the largest tank enclosed by the berm plus sufficient freeboard to prevent overflow. All berm and containment devices shall be inspected by the operator at regular intervals and maintained in good condition. No potential ignition sources shall be installed inside the secondary containment area unless the containment area encloses a fired vessel. For purposes of this subparagraph, "regular intervals" shall mean daily, unless remote sensing equipment approved by the city is utilized.

g.  Containment berms shall be constructed of steel rings, designed and installed to prevent leakage and resist degradation from erosion or routine operation.

h.  Secondary containment for tanks shall be constructed with a synthetic or engineered liner that contains all primary containment vessels and flowlines and is mechanically connected to the steel ring to prevent leakage.

i.  For locations within 500 feet and upgradient of a surface water body, tertiary containment, such as an earthen berm, is required around production facilities. Such tertiary containment berm shall have a capacity of two times the largest individual tank.

j.  No more than two storage tanks shall be located within a single berm.

k.  Closed loop pitless system for the containment or recycling of drilling and completion fluids. Wells shall be drilled, completed, and operated using closed loop pitless systems for containment or recycling of all drilling, completion, flowback, and produced liquids. Flowback and produced water shall be recycled to the maximum extent practicable. Such recycling shall occur on pad site of generation, if technically feasible. If the operator does not plan to recycle at least 90% of the flowback and produced water, the operator shall submit documentation to the city demonstrating that such recycling is not technically feasible.

l.  Anchoring. All equipment at drilling and production sites shall be anchored to the extent necessary to resist flotation, collapse, lateral movement, or subsidence. All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four feet in height and not greater than one foot east of the guy line anchor. The first sentence of this subparagraph shall also apply to existing wells.

m. Burning. No open burning shall occur on the site of any oil and gas operation.

n.  Chains. Traction chains from heavy equipment shall be removed before entering a city street.

o.  Chemical disclosure and storage. Prior to the bringing of such chemicals onto the property, the operator shall provide to the city, in table format, the name, Chemical Abstracts Service (CAS) number, volume, storage, containment and disposal method for all drilling and completion chemicals (solids, fluids, and gases, including but not limited to chemicals used for fracturing) to be used on the well pad, notwithstanding any claims of business confidentiality for such chemicals, which the city may make available to the public as public records. Fracture chemicals shall be uploaded onto the "Frac Focus" website within sixty days of the completion of fracturing operations. The operator shall not permanently store hydraulic fracturing chemicals, flowback from hydraulic fracturing, or produced water in the city limits. The operator shall remove hydraulic fracturing chemicals, flowback from hydraulic fracturing, and produced water from the well sites within thirty days of completion of fracturing operations.

p.  Color. Facilities shall be painted in a uniform, noncontrasting, nonreflective color, to blend with the surrounding landscape, and with colors that match the land rather than the sky. The color should be slightly darker than the surrounding landscape. This subparagraph shall also apply to existing wells when such wells are repainted for general maintenance purposes.

q.  Cultural and historical resource protection. If a significant surface or sub-surface archaeological site is discovered during construction, the operator shall be responsible for immediately contacting the city to report the discovery. If any disturbance of the resource occurs, the operator shall be responsible for mitigating the disturbance to the cultural or historical property through a data recovery plan approved by the city.

r.  Discharge valves. Open-ended discharge valves on all storage tanks, pipelines, and other containers shall be secured where the operation site is unattended or is accessible to the general public. Open-ended discharge valves shall be placed within the interior of the tank secondary containment. As used in this subparagraph, the term secured means locked or otherwise secured such that the public cannot operate the valve. If possible, such valves shall contain remote alarms to alert the operator that a valve has been opened.

s.  Fugitive dust suppression. Dust associated with on-site activities and traffic on access roads shall be minimized throughout construction, drilling and operational activities such that there are no visible dust emissions from access roads or the site to the extent practical given wind conditions. No untreated or unrecycled produced water or other process fluids shall be used for dust suppression. The operator will avoid dust suppression activities within 300 feet of the ordinary high water mark of any water body, unless the dust suppressant is water. Safety Data Sheets (SDS) for any chemical-based dust suppressant shall be submitted to the city for approval prior to use.

t.  Electric equipment. The operator shall only use electric-powered engines for motors, compressors, and drilling and production equipment and for pumping systems in order to mitigate noise and to reduce emissions, unless the operator demonstrates to the city that the use of such equipment in a particular situation is not economically feasible. If electricity from the grid is not available, the operator shall use propane or natural gas to power pumps and motors, if feasible.

u.  Air quality. The following apply at the well sites, including new and existing wells and equipment, except as noted:

1.  Compliance with state and federal law, as amended over time.

a)  Operator shall comply with emissions regulations promulgated by COGCC and US EPA.

b)  Air and odor emissions from wells and associated equipment shall be in compliance with the permit and control provisions of the Colorado Air Quality Control Program, Title 25, Section 7, C.R.S., COGCC Rule 805, and all applicable state, local, and federal regulations.

c)  The operator must comply with 40 CFR Subpart OOOO as published on August 16, 2012 (Quad O) or revised.

2.  General duty to minimize emissions. The operator shall incorporate in the development plan: operations, procedures, and field design features that minimize air pollutant emissions, including but not limited to:

a)  Consolidation of product treatment and storage facilities;

b)  Centralization of compression facilities;

c)  Liquids gathering and water delivery systems;

d)  Telemetric control and monitoring systems;

e)  Systems, designs and equipment to minimize or, if feasible, eliminate venting during maintenance activities; and

f)  Pipeline infrastructure prior to well completion.

3.  Capture of gas. During normal production operations, all continuously operated equipment, including but not limited to storage vessels and tanks, separators, pneumatic pumps, dehydrators, and compressors, shall route all natural gas and VOC vapors to a capture or control device with at least a 98% VOC destruction or control efficiency. In the case of temporary tanks located on site for thirty days or less, operators shall use best efforts to achieve this requirement for such tanks. The operator shall submit a manufacture test or other data demonstrating a 98% VOC destruction or control efficiency. Normal operations means all periods of operation, excluding malfunction. For storage tanks, normal operation includes, but is not limited to, liquid dumps from the separator or wellhead. A malfunction is defined as any sudden and unavoidable failure of air pollution control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered to be malfunctions.

4.  Plunger lifts and manual well blowdowns. Operator shall install and operate plunger lifts or other technology that minimizes and controls emissions during well maintenance.

5.  Well, tank, and pipeline maintenance. The operator shall employ technologies and practices in the design, construction, operation and maintenance of wells, tanks and pipelines that minimize or, if feasible, eliminate emissions and spills during maintenance of wells, tanks and pipelines, including the use of equipment to capture vapors and liquids. If any maintenance activity will involve the intentional venting of gas from a well tank or pipeline, the operator shall provide forty-eight hours' advance written notice to the city of such proposed venting. Such notice shall identify the duration and nature of the venting event, a description as to why venting was necessary, a description of the vapors that were vented and that its duration was minimized, and what steps the operator proposes to undertake to minimize similar events in the future. If emergency venting is required, or if accidental venting occurs, the operator shall provide such notice to the city of such event as soon as possible, but in no event longer than twenty-four hours from the time of the event, with the information listed above and with an explanation as to the cause and how the event will be avoided in the future.

6.  No bleed pneumatic controllers. Operator shall use no bleed pneumatic controllers, wherever 3-phase electricity is available.

7.  Flaring of gas. Where flaring is allowed by state COGCC or AQCC regulations, the flaring shall be conducted in the following manner:

a)  The flare shall be fired with natural gas and shall be operated with a 98% or higher VOC destruction efficiency.

b)  The flare shall be designed and operated in a manner that shall ensure no visible emissions, pursuant to the provisions of 40 CFR 60.18(f), except for periods not to exceed a total of five minutes during any two consecutive hours. Where applicable, flares shall also be in compliance with 5 CCR 1001-9 Regulation 7 Section XVIIB for non-condensate oil.

c)  The flare shall be operated with a flame present at all times when emissions may be vented to it, pursuant to the methods specified in 40 CFR 60.18(f).

d)  An automatic pilot system or continuous ignition system shall be used. In addition, operators must use a telemetry alarm system or an on-site visible indicator showing proper function.

8.  Leak detection and repair (LDAR). The operator shall develop and maintain an LDAR program that is comparable to EPA Method 21 for equipment used in permanent operations. LDAR shall be performed on newly installed equipment within thirty days of start-up of the equipment, and then on a quarterly basis. At least once per year, the operator shall notify the city at least five business days prior to the LDAR inspection of its facilities to provide the city with the opportunity to observe the inspection. Detailed recordkeeping of the inspections for leaking components shall include: the date and time of inspections; identification of components for which leaks are detected and repaired; and justification for lack of immediate repair for any components for which repairs were not done or otherwise were deferred. In an IR camera or FLIR is used, operators must retain an infrared image or video of all leaking components before and after repair. Such records must be maintained for two years and must be made available to the city upon request. The operator shall submit a proposed LDAR program to the city for review and approval with its use by special review application, for review and approval by the city.

9.  Ambient air sampling program. The operator agrees to either develop and implement an ambient air sampling program as approved by the city, or fund and cooperate with an ambient air sampling program to be completed by the city, at the city's discretion, as follows, with any amounts owed by the operator hereunder for one-time sampling to be paid to the city prior to the issuance of a notice to proceed by the city:

a)  One-time baseline sampling program to be completed prior to additional drilling. Operator shall provide $5,000 towards this sampling program per well pad;

b)  One-time air sampling during drilling operations. Operator shall provide $5,000 towards this sampling at a rate of one program per well pad;

c)  Ongoing air quality monitoring. Operator shall provide $5,000 towards this sampling program per well pad per year. The city may use these funds for sampling within its discretion;

d)  Access and cooperation. Operator shall provide access to the city or its contractors to permit air sampling to occur;

e)  Additional air sampling. If ambient air testing indicates that the drill sites are causing an unacceptable risk to air quality, then the operator shall conduct additional testing and analysis to identify the source of the emissions and the appropriate remedial steps to address those emissions. Such sampling frequency and analysis shall be based on the risks associated with the type and concentration of the contaminants identified; and

f)  Emergency response sampling. The city may require the operator to conduct additional air monitoring as needed to respond to emergency events such as spill, process upsets, or accidental releases, or in response to odor complaints in city limits.

10. Air quality action days. Operator shall respond to air quality action day advisories posted by the Colorado Department of Public Health and Environment for the Front Range area by implementing suggested air emission reduction measures as feasible. Emission reduction measures shall be implemented for the duration of an air quality action day advisory and may include measures such as:

a)  Minimize vehicle and engine idling;

b)  Reduce truck traffic and worker traffic;

c)  Delay vehicle refueling;

d)  Suspend or delay use of fossil fuel-powered ancillary equipment; and

e)  Postpone construction activities, if feasible.

11. Technical impracticability variance. If achieving a requirement of this paragraph 17-54-200(A)(3) is not technically practicable, the operator may seek a variance of the requirement from the city in accordance with section 17-54-220, provided that the requirement is not otherwise required by state or federal law. The city may in its discretion issue a variance for the requirement in accordance with section 17-54-220, if it determines that the requirement is not technically practicable given the specific facts applicable to the operations at a particular well site.

12. Certification of compliance. The operator must submit an annual report each year to the city certifying (a) compliance with these air quality requirements and documenting any periods of noncompliance, including the date and duration of each deviation and a compliance plan and schedule to achieve compliance, and (b) that the equipment at the well sites continues to operate within its design parameters, and if not, what steps will be taken to modify the equipment to enable to equipment to operate within its design parameters. The annual report must contain a certification as to the truth, accuracy, and completeness of the reports, by a responsible corporate official. The operator may satisfy this reporting obligation in whole or in part by submitting its AQCC Regulations No. 7 semi-annual reports for the prior calendar year to the city, and supplementing them as needed to meet these reporting requirements for covered facilities within the city.

13. Green completions. Gas gathering lines, separators, and sand traps capable of supporting green completions as described in COGCC Rule 805 shall be installed per the provisions of COGCC Rule 805. Operator shall comply with 40 CFR 60.5375(a)(1), (2) for green completions for both gas wells and oil wells. Venting is prohibited, except as required for safety to avoid explosion or fire. Temporary flowback flaring and oxidizing equipment shall include the following:

a)  Adequately sized equipment to handle 1.5 times the largest flowback volume of gas experienced in a one-mile radius;

b)  Valves and porting available to divert gas to flaring and oxidizing equipment;

c)  Auxiliary fueled with sufficient supply and heat to combust or oxidize noncombustible gases in order to control odors and hazardous gases. The flowback combustion device shall be equipped with a reliable continuous ignition source over the duration of flowback, except in conditions that may result in a fire hazard or explosion; and

d)  The operator has a general duty to safely maximize resource recovery and minimize releases to the atmosphere during flowback and subsequent recovery/operation.

14. Exhaust. The exhaust from all engines, motors, coolers, and other mechanized equipment shall be vented up or in a direction away from the closest existing residences.

15. Fencing. Permanent perimeter fencing shall be installed around production equipment and shall be secured, unless such fencing is not required by the visual mitigation plan approved by the city. The main purpose of the fencing is to deter entrance by unauthorized people. The operator shall use visually interesting fencing, when feasible, but the parties recognize that there is a need for air circulation and for the field personnel who regularly inspect the facilities to be able to identify visual operational deficiencies when driving by. Landscaping may be used for screening. If a chain link fence is required to achieve safety requirements set by COGCC, then landscaping and other screening mechanisms shall be required that comply with the city's Land Use Code regulations and the operator's safety requirements.

16. Flammable material. All ground within twenty-five feet of any tank or other structure containing flammable or combustible materials shall be kept free of dry weeds, grass or rubbish, and shall conform to COGCC 600 Series Safety Regulations and the applicable fire code.

17. Floodplains. All oil and gas operations shall comply with chapter 17-40, B.M.C.

18. Water quality monitoring plan. The operator shall comply with COGCC Rule 609 and the steps identified in this paragraph that go beyond that rule. In summary, this requires pre- and post-drilling testing. The rules requires the operator to sample "all available water sources" (if owner has given consent for testing and sampling and has consented to having the sample data obtained made available to the public), with a cap of four water sources, within a one-half-mile radius of a proposed well, multi-well site, or dedicated injection well. Water sources include registered water wells, permitted or adjudicated springs, and certain monitoring wells. The operator agrees to the following requirements above and beyond COGCC requirements: follow sampling procedures and analysis as set forth in COGCC Rule 609; operator shall test for dissolved metals, including arsenic, mercury, uranium, radium, and other dissolved metals as determined by the city; and sampling intervals shall include baseline (before drilling), post-drilling at one, three, and six years. Analytical results shall be shared with COGCC, the city, and the landowner. All spills occurring in connection with new and existing wells shall be managed in accordance with COGCC regulations.

19. Landscaping. All landscaping shall be in compliance with the city requirements and in compliance with the safety requirements of the operator. Existing vegetation shall be minimally impacted. Motorized equipment shall be restricted to the well sites and access roads to the well sites. A visual mitigation plan, subject to city approval, on a site-specific basis shall include the type and location of fencing and landscaping.

20. Lighting. Except during drilling, completion, or other operational activities requiring additional lighting, downlighting is required, meaning that all bulbs must be fully shielded to prevent light emissions above a horizontal plane drawn from the bottom of the fixture. Prior to installation of permanent lighting on any facility, the operator agrees to submit to the city for review and approval a lighting plan to establish compliance with this provision. The lighting plan shall indicate the location of all outdoor lighting on the site and any structures, and include cut sheets (manufacturer's specifications with picture or diagram) of all proposed fixtures.

21. Maintenance of machinery. Routine field maintenance of vehicles or mobile machinery shall not be performed within 300 feet of any water body.

22. Mud tracking. The operator shall take all practicable measures to ensure that vehicles do not track mud or debris onto city streets. If mud or debris is nonetheless deposited on city streets, in excess of de minimus levels, the streets shall be cleaned immediately by the operator. If for some reason this cannot be done or needs to be postponed, the city shall be notified of the operator's plan for mud removal.

23. Noise mitigation. Noise mitigation measures shall be constructed along any edge of any oil and gas operation site if such edge is adjacent to the oil and gas operation and existing residential development or land which is zoned for future residential development. The noise mitigation measures shall, to the maximum extent feasible, decrease noise from the oil and gas operations to comply with the sound limitation regulations set forth in COGCC 800 Series Aesthetic and Noise Control Regulations for residential/agricultural/rural uses. A noise mitigation study shall be submitted with the application to demonstrate that noise will be decreased to the maximum extent feasible.

24. Pipelines/flowlines. Any newly constructed or substantially modified flowlines on site shall be constructed and operated under the provisions of COGCC 1100 Series Flowline Regulations and any applicable surface use agreements with the surface owners. Any newly constructed or substantially modified pipelines on site shall meet the following requirements:

a)  To the maximum extent feasible, all flowlines, gathering lines, and transmission lines shall be sited a minimum of fifty feet away from general residential, commercial, and industrial buildings, as well as the high-water mark of any surface water body. This distance shall be measured from the nearest edge of the pipeline. Pipelines and gathering lines that pass within 150 feet of general residential, commercial, and industrial buildings or the high-water mark of any surface water body shall incorporate leak detection, secondary containment, or other mitigation, as appropriate. The mitigation plan for such pipelines and gathering lines shall be submitted to the city for review and approval.

b)  To the maximum extent feasible, pipelines shall be aligned with established roads in order to minimize surface impacts and reduce habitat fragmentation and disturbance.

c)  To the maximum extent feasible, operators shall share existing pipeline rights-of-way and consolidate new corridors for pipeline rights-of-way to minimize surface impacts.

d)  To the maximum extent feasible, operators shall use boring technology when crossing streams, rivers, or irrigation ditches with a pipeline to minimize negative impacts on the channel, bank, and riparian areas.

25. Recordation of flowlines. All new flowlines, including transmission and gathering systems, shall have the legal description of the location recorded with the clerk and recorder of the city within thirty days of completion of construction. Abandonment of any recorded flowlines shall be recorded with the clerk and recorder of the city within thirty days after abandonment.

26. Removal of debris. When an oil and gas operation becomes operational, all construction-related debris shall be removed from the site for proper disposal. The site shall be maintained free of debris and excess materials at all times during operation. Materials shall not be buried or burned on site.

27. Removal of equipment. All equipment used for drilling, recompletion and maintenance of the facility shall be removed from the site within thirty days of completion of the work, unless otherwise agreed to by the surface owner. Permanent storage of removal equipment on well pad sites shall not be allowed.

28. Soil gas monitoring. The city, at its discretion, and provided that it does not interfere with an operator's ongoing production operations, may conduct soil gas monitoring to assess well casing integrity. If the city elects to conduct such testing, the city shall endeavor to complete this testing within ninety days of new well completion. The city shall notify the operator prior to entering the site for soil gas monitoring. The operator agrees to contribute $5,000 towards this soil gas testing, pre-drilling event. If soil gas testing indicates that contamination may impact water quality cross and down gradient, then the operator shall conduct additional post-completion testing to identify any impacts to groundwater and surface water. Sampling frequency and contaminants analyzed shall be based on the risks associated with the type and concentration of the contaminants identified and the beneficial use of the water body or groundwater, in accordance with the approved water quality monitoring plan.

29. Spills. The operator shall report chemical spills and releases in accordance with applicable state and federal laws, including the Emergency Planning and Community Right to Know Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Oil and Pollution Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Spill Control Prevention and Countermeasure Plan, as applicable and as amended over time. If a spill or release impacts or threatens to impact surface water or a water well, the operator shall notify the affected or potentially affected owner and the city immediately following discovery of the release, and the spill or release shall be reported to the city and the surface water or well water owner within twenty-four hours of becoming aware of the spill or release. The operator may be required by the city to test soil and surface water or water wells as determined by the city, including but not limited to tests for dissolved metals, including arsenic, mercury, uranium, radium, and other dissolved metals.

30. Stormwater control plan. All oil and gas operations shall comply and conform to the city's regulations, including submission of an erosion control report and plan.

31. Temporary access roads. Temporary access roads associated with oil and gas operations shall be reclaimed and revegetated to the original state. Erosion should be controlled and damage to environmentally sensitive areas should be avoided.

32. Trailers. A construction trailer is permitted as an accessory use during active drilling and well completion only.

33. Transportation and circulation. The operator shall include in each application for drilling and completion operations (new wells) detailed descriptions of all proposed access routes for equipment, water, sand, waste fluids, waste solids, mixed waste, and all other material to be hauled on the public streets and roads of the city. The submittal shall also include the estimated weights of vehicles when loaded, a description of the vehicles, including the number of wheels and axles of such vehicles, trips per day and any other information required by the traffic engineer. Information is required for this item for the plan review meeting. The operator shall comply with all Transportation and Circulation requirements as contained in the Land Use Code as may be reasonably required by the city's traffic engineer.

34. Wastewater and waste management. All fluids shall be contained and there shall be no discharge of fluids. Waste shall be stored in tanks, transported by tanker trucks or pipelines, and disposed of at licensed disposal or recycling sites. New secondary containment shall be constructed of steel, with sufficient perimeter and height to hold one and one-half times the volume of the largest tank plus sufficient freeboard to prevent overflow. No potential ignition sources shall be installed inside the secondary containment area unless the containment enclosed a fired vessel. The requirements for secondary containment will meet the city's stormwater criteria. No land treatment of oil impacted or contaminated drill cuttings are permitted. Drill pads must be underlain with a synthetic liner with a maximum permeability of 10-7 centimeters per second, and the liner must be protected by decking material. Spills on the pad must be cleaned up as soon as practicable and the waste material properly disposed of in accordance with law. In addition, the design must allow for the transfer of stormwater and other liquids that collect on the pad to storage tanks on the pad or to trucks that can safely transport the liquid for proper disposal. The collection of stormwater and other liquids may cease only when all potential pollutants have been removed from the pad and appropriate, approved stormwater management can be implemented. The use of a closed loop drilling system precludes discharge of produced water or flowback to the ground or the use of pits. Produced water or flowback will not be used for dust suppression. A copy of the operator's Spill Prevention, Control, and Countermeasure Plan (SPCC), which describes spill prevention and mitigation practices, will be given to the city. The operator will provide the city documentation of waste disposal and its final disposition.

35. Water supply. The operator agrees to comply with applicable State of Colorado, Department of Natural Resources and other applicable state regulations concerning the source of water used in drilling and completion operations. The operator shall identify in the site plan its source for water used in both the drilling and production phases of operations. The operator shall document and report to the city the sources and amount of water used in the city annually or sooner, if requested by the city. The disposal of water used on site shall also be documented in detail by the operator, including anticipated haul routes, approximate number of vehicles needed to supply and dispose of water, and the final destination for water used in operation.

36. Weed control. The operator shall be responsible for ongoing weed control at oil and gas operations, pipelines, and along access roads during construction and operation, until abandonment and final reclamation is completed per city or other applicable agency regulations.

37. Plugged and abandoned wells. Operator shall comply with COGCC DJ Basin Horizontal Offsite Policy, dated June 20, 2013, as amended from time to time. The operator shall provide documentation submitted to COGCC per that policy to the city, and permit the city an opportunity to comment to COGCC.

38. Insurance. The operator shall, with respect to the initial drilling and completion of a new well, provide liability insurance that covers pollution, cleanup, and general liability in the amount at $1,000,000 per occurrence and $2,000,000 in the aggregate, and in addition shall provide general liability umbrella coverage in the amount of $5,000,000. Following completion, the operator shall provide ongoing pollution, cleanup, and general liability coverage in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, and general liability umbrella coverage in the amount of $5,000,000 per well pad. The operator shall identify the city as an additional insured under these policies. Upon request, operator shall provide certificates from the insurance company demonstrating its compliance with this paragraph.

39. Natural Gas STAR Program. Operator agrees to participate in good faith in the Natural Gas STAR Program, to encourage innovation in pollution controls at drill sites.

40. Statutory references. References to statutes or regulations include references to statutes and regulations as amended over time. Nothing in this chapter in intended to relieve the operator from compliance with then-current applicable state or federal law.

41. Comprehensive Gas Development Plan (CGDP). Within ninety days of its planned submittal of a permit to COGCC, the operator agrees to submit a Comprehensive Gas Development Plan (CGDP) to the city for the area affected by its planned operations for the next ten years, to maximize planning and minimize the impacts of the planned operations. The affected area includes the well sites and other locations within the city where the operator may conduct gas exploration or production activities and install supporting infrastructure (compressor stations, wastewater treatment facilities, roads, pipelines, etc.) for a period of ten years. The operator is encouraged to coordinate with other operators whose geographic planning units overlap to develop integrated plans to improve the use of existing and new infrastructure, to share or co-locate infrastructure, and to minimize cumulative impacts. The operator is not obligated to develop all the pads, wells or supporting infrastructure identified in the plan. The operator is encouraged to utilize COGCC Rules 216 and 513 as appropriate. The following planning principles will be utilized in the plan:

a)  Use multi-well, clustered drilling pads to minimize surface disturbance;

b)  Comply with location restrictions, setbacks and other environmental requirements of state and local law and regulations and this chapter;

c)  Avoid, minimize, and mitigate impact on sensitive resources;

d)  Preferentially locate operations on disturbed, open lands or lands zoned for industrial activity;

e)  Co-locate linear infrastructure with existing roads, pipelines and power lines;

f)  Consider impacts from other gas development projects and land use conversion activities and plan to minimize cumulative surface impacts; and

g)  Minimize fragmentation of intact open space.

h)  Additional planning elements include:

1)  Identification of travel routes;

2)  Sequence of well drilling over the lifetime of the plan that places priority on locating the first well pads in areas removed from sensitive natural resource values; and

3)  Consistency with local zoning ordinances and comprehensive planning elements.

42. General maintenance. Operator shall operate and maintain all equipment pursuant to manufacturer specifications consistent with technological limitations and good engineering maintenance practices.

(B)  Administrative process.

(1)  Pre-submittal meeting. Prior to the submission of an application for an administrative approval by memorandum of understanding, the operator is encouraged to schedule a meeting with the city to review the proposed new well or drilling activity. The goal of this meeting shall be for the city staff and the operator to review the proposed oil and gas operation in a manner that ensures compliance with the operator agreement and applicable state and federal regulations. The pre-submittal meeting shall also allow the operator and city staff to explore, to the extent commercially reasonable, site-specific concerns, discuss project impacts and potential mitigation methods, including field design and infrastructure construction to minimize impacts, to discuss coordination of field design with other existing or potential development and operators, to identify sampling and monitoring plans for air and water quality, and other elements of an MOU as required by this section 17-54-200. Based upon the foregoing, the operator is encouraged to conduct the pre-submittal meeting with the city prior to completing well siting decisions, to the extent reasonably feasible.

(2)  Notification regarding application and neighborhood meeting.

a.  The city shall mail notice of the application for an administrative approval by memorandum of understanding no more than ten working days after an application has been submitted to the city. Owners of record shall be ascertained by the city according to the records of the Broomfield Assessor's Office. Notice of the application shall include reference to the neighborhood meeting, if applicable, and be made as follows:

1.  To the surface owners of the parcels of land on which the oil and gas operation is proposed to be located;

2.  To the surface owners of the parcels of land in the City and County of Broomfield within 2,640 feet of the parcel on which the oil and gas operation is proposed to be located; and

3.  To persons registered in writing with the city as representing bona fide neighborhood groups and organizations and homeowners' associations within the area of notification.

b.  Posted notice. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding fifteen acres in size, two signs shall be posted. The size of the sign required to be posted shall be as established in the supplemental notice requirements of chapter 17-52 of the city's Land Use Code. Such signs shall be provided by the city and shall be posted on the subject property by the applicant in a manner and at a location or locations reasonably calculated by the city to afford the best notice to the public, which posting shall occur a minimum of ten calendar days prior to the neighborhood meeting.

c.  Neighborhood meetings. Before submitting an application to COGCC, but after submitting an application to the city, a neighborhood meeting shall be required on any oil and gas facilities, even on existing well pads, that require an application for an administrative approval by memorandum of understanding. The operator shall attend and conduct the neighborhood meeting. The city shall be responsible for scheduling and coordinating the neighborhood meeting. A written summary of the neighborhood meeting shall be prepared by the city.

d.  Notification to the city and the public regarding commencement of operations. At least two weeks prior to the commencement of any new drilling operations, the operator shall provide to the city for posting on the website the information outlined in section 17-54-050, regarding commencement of operations, which the operator may revise from time to time during operations, with prior approval from the city.

(3)  Review for completeness. Upon receipt of an application for administrative approval by memorandum of understanding and fees, the planning director of the city or his or her designee shall review the application for completeness within three working days of the application submittal. Staff will refer the application, when determined to be complete by the city, for a twenty-day-calendar review as deemed appropriate by the city. An application may require review by outside agencies such as the U.S. Army Corps of Engineers, if the project impacts a floodplain, and may also be referred to any life-safety providers, adjacent jurisdictions, local public health department, and other as may be deemed appropriate by the city.

(4)  Review process for application for administrative approval by memorandum of understanding. The applicant will be notified of any outstanding issues in connection with application materials upon completion of this review and will be required to address any issues or deficiencies in connection with the application materials. If necessary, a meeting will be held to discuss any issues that need to be resolved. If necessary, the applicant will then submit an amended application, plan or other submittals, as appropriate, to the city for verification that deficiencies have been addressed by the applicant. If the above-described outstanding issues cannot be resolved, the city manager may refer the application for consideration as a use by special review.

(5)  Revision of application for administrative approval by memorandum of understanding. If revisions were necessary, the city shall be provided ten working days to review the revised application. Upon determination by the city that all issues have been resolved, the plans shall be considered the final copy of the application and exhibits. The city's planning director shall forward the final copy of the application materials for final review by the city manager.

(6)  Action to approve, conditionally approve, or deny. Unless there are any issues that have not been resolved by the applicant, the city will exercise its best efforts to process the administrative approval by memorandum of understanding for an oil and gas facility within thirty working days from the date the application is considered complete by the city. The administrative approval by memorandum of understanding can be administratively approved, approved with conditions, or denied by the city manager. Written notice of the decision shall promptly be provided to the applicant, and, if denied, the notice shall include a statement of the reason for denial. The thirty-working-day timeframe counts only as the city's processing time and does not include the applicant's response time.

(7)  In lieu of the city manager making a decision on an application, the city manager has the discretion to refer any application for administrative approval by memorandum of understanding or amendment thereto to the city council for its consideration and decision at a public hearing. In such event, the city council shall make its determination based upon the requirements of this section. At such public hearing, the city council may approve, approve with conditions, or deny the application.

(8)  An approval of the application for administrative approval by memorandum of understanding shall only be valid for five years unless the oil and gas facility is substantially commenced prior to the expiration of such timeframe.

(9)  An applicant may appeal the city manager's denial of an application for administrative approval by memorandum of understanding, or any conditions of approval, to the city council for a de novo hearing. The applicant must file the appeal within fourteen calendar days of the date of the city manager's decision by submitting a letter of appeal to the city manager. Thereafter, the matter will be scheduled on the next available agenda of the city council. At such hearing, the city council may affirm, reverse or modify the decision of the city manager, based upon the criteria set forth in this section 17-54-200.

(10)  An approval of an application for administrative approval by memorandum of understanding shall automatically include as conditions of approval all provisions of the MOU executed by the applicant and the city.

(11)  If the applicant or operator proposes changes from the plans approved through the administrative approval by memorandum of understanding, the applicant or operator is required to submit an amendment to the application showing the changes. The proposed amendment will be reviewed by the city and, if applicable, the city may require additional information. The amended application will need to meet all requirements of this section 17-54-200, and be approved by the city manager prior to implementation. (Ord. 1986 §1, 2013)

17-54-210  Approval required. Go to the top

Development of an oil and gas facility shall not commence until and unless any required permits from COGCC, and a use by special review permit or an administrative approval by memorandum of understanding from the city, have both been approved. (Ord. 1986 §1, 2013)

IV. Variances

17-54-220  Variances generally. Go to the top

(A)  Variance request. In both the use by special review permit and administrative approval by memorandum of understanding processes, an applicant may request a variance from any provision of this chapter. A request for a variance under this subsection may be included in the applicant's application and shall be processed, reviewed and granted, granted with conditions or denied in accordance with and as part of the use by special review permit or administrative approval by memorandum of understanding processes, as applicable. The variance provisions of chapter 16-36, B.M.C. shall not be applicable to a variance request under this chapter.

(B)  Operational conflicts variance for use by special review permit. In the case of an application for a use by special review permit, a variance from the application of any provision of this chapter shall be granted if the provision is in operational conflict with the Act or COGCC regulations, meaning the application of the provision have the effect of materially impeding or destroying a state interest as expressed in the Act or COGCC regulations. This subsection does not apply in the case of an application for administrative approval by memorandum of understanding.

(C)  Other variances grounds for variance. A variance from the application of any provision of this chapter shall be granted on the basis of one or more of the following grounds. A variance may be in the form of a waiver or modification, as applicable:

(1)  There is no technology commercially available at a reasonable cost to conduct the proposed oil and gas operations in compliance with the provision, and granting a variance from the operation of the provision will not have an adverse effect on the public health, safety, or welfare, or on the environment.

(2)  An alternative approach not contemplated by the provision is demonstrated to provide a level of protection of the public health, safety, and welfare, and of the environment, that would be at least equivalent to the applicable provision.

(3)  Application of the provision is impractical or would create an undue or unnecessary hardship because of unique physical circumstances or conditions existing on or near the site of the oil and gas facility, which may include, without limitation, topographical conditions, shape or dimension of the operation site, inadequate public infrastructure to the site, or close proximity of occupied buildings. (Ord. 1986 §1, 2013)

V. Miscellaneous Provisions

17-54-230  Transfer of permits or MOUs. Go to the top

Use by special review permits or memorandums of understanding may be assigned to another operator only with the prior written consent of the city manager and upon a showing to the city that the new operator can and will comply with all conditions of the transferred use by special review permit or memorandum of understanding and with all of the applicable provisions of this chapter. The existing operator shall assign the use by special review permit or memorandum of understanding to the new operator on a form provided by the city and the new operator shall also sign the form agreeing to comply with all of the conditions of the permit and all applicable provisions of this chapter. (Ord. 1986 §1, 2013)

17-54-240  Conflicting provisions; enforceability. Go to the top

In the event of a conflict between the provisions of this chapter and any other provision of this title, the provisions of this chapter shall control. (Ord. 1986 §1, 2013)

17-54-250  Unlawful acts. Go to the top

Except as otherwise provided in this chapter, it is unlawful to construct, install, or cause to be constructed or installed, any oil and gas facility within the city unless approval has been granted by the city either by a use of special review permit or administrative approval by memorandum of understanding. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this chapter. (Ord. 1986 §1, 2013)

17-54-260  Revocation of use by special review permit or MOU. Go to the top

If the city believes the operator has failed to conduct its operation in accordance with the terms and conditions of the use by special review permit or memorandum of understanding, then as a condition precedent to terminating the use by special review permit or memorandum of understanding, the city must provide written notice to operator specifying, in reasonable detail, the failure and the remedy required. The operator shall then have a period of forty-five days in which to remedy the failure, or if the failure is of a nature that cannot be remedied within that forty-five-day period, the operator shall have commenced to remedy the failure and will diligently complete the remedy. If operator fails to remedy a material default in the manner set forth above, upon written notice, the city may terminate the use by special review permit or memorandum of understanding and revoke any or all approvals for operations of the subject oil and gas facilities. Upon such revocation, operator shall cease operating such oil and gas facilities until it obtains approval for such wells under the then-applicable city code. (Ord. 1986 §1, 2013)

17-54-270  Penalty. Go to the top

Subject to other applicable provisions of law, any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any oil, gas, or injection well, production site, or well site in violation of any provision of this chapter or of the conditions and requirements of the oil and gas special use permit or administrative approval by memorandum of understanding, may be punished as provided in chapter 1-12, B.M.C. Each day of such unlawful operation constitutes a separate violation. (Ord. 1986 §1, 2013)

17-54-280  Civil action; enforcement. Go to the top

In case of any violation of this chapter, including but not limited to (a) nonconformance with a memorandum of understanding or special review permit, (b) nonconformance with plans submitted and approved by the city pursuant to this chapter, or (c) a building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of the oil and gas special use permit or memorandum of understanding, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. The enforcement provisions of this chapter shall apply to all special review permits or memorandums of understanding adopted pursuant to this chapter and all operator agreements adopted on or after August 1, 2013. (Ord. 1986 §1, 2013)

17-54-290  False or inaccurate information. Go to the top

The city manager may revoke approval of a facility if it is determined after an administrative hearing, held on at least ten days' notice to the applicant, that the applicant provided information or documentation upon which approval was based, which the applicant, its agents, servants, and employees, knew, or reasonably should have known, was materially false, misleading, deceptive, or inaccurate. (Ord. 1986 §1, 2013)

17-54-300  Severability. Go to the top

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, the remaining provisions of this chapter will remain valid, it being the intent of the city council that the provisions of this chapter are severable. (Ord. 1986 §1, 2013)

17-54-310  Prospective application. Go to the top

Unless specifically provided otherwise, this chapter shall apply only to wells which are drilled in the city on and after the date this chapter is adopted. The reentering of a well in existence prior to the date of adoption of this chapter, for purposes of deepening, recompleting or reworking, shall not require approval of a use permitted by special review as required by this chapter, unless such work requires a new or modified permit from COGCC. (Ord. 1986 §1, 2013)

17-54-320  Abandonment and plugging of wells. Go to the top

The approval of a use by special review or an administrative approval by memorandum of understanding shall not relieve the operator from complying with all Commission rules with respect to abandonment and plugging of wells. The operator shall provide the city with Commission Form 4 at the time that it is filed with the Commission. (Ord. 1986 §1, 2013)

17-54-330  Application and well site fees. Go to the top

When an application is submitted to the city for a use by special review or an administrative approval by memorandum of understanding under this chapter, the applicant shall pay to the city a $400 oil and gas application review fee for each well site shown on the site plan. In addition, the applicant shall be required to pay either a use by special review fee and public notice and publication fees as required for a use by special review or a neighborhood meeting fee of $100 for an administrative approval by memorandum of understanding. These fees are in addition to any other fees charged by the city. (Ord. 1986 §1, 2013)

17-54-340  Coordination with Air Quality Control Commission. Go to the top

Pursuant to Section 25-7-128(4), C.R.S., upon the issuance of any enforcement order or granting of any permit, the city shall transmit to the AQCC a copy of the order or permit. Pursuant to Section 25-7-128(6), C.R.S., the city shall confer and coordinate its activities regarding efforts to control or abate air pollution consistent with that provision. (Ord. 1986 §1, 2013)

17-54-350  Appeal of decisions. Go to the top

Any appeal of a decision by the city council under this chapter, to the extent allowed by law, shall be filed in the district court of this county within thirty days of the final decision on any such matter. (Ord. 1986 §1, 2013)


Chapter 17-56

Plugged and Abandoned Oil and Gas
Wells and Former Oil and Gas Production Sites

17-56-010  Short title. Go to the top

This chapter is known and may be cited as the "Broomfield Regulations for Plugged and Abandoned Oil and Gas Wells and Former Oil and Gas Production Sites." (Ord. 1698 §10, 2002)

17-56-020  Purpose. Go to the top

This chapter is enacted to protect and promote the health, safety, morals, convenience, order, prosperity, or general welfare of the present and future residents of the city. These regulations are intended to be an exercise of the land use authority of the city. (Ord. 1698 §10, 2002)

17-56-030  Definitions. Go to the top

When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

(A)  Blowdown pits are used to collect material resulting from, including but not limited to, the emptying or depressurizating of wells, vessels, or gas gathering systems.

(B)  Burn pits are used for flaring gas from well.

(C)  Drip pits are used to collect liquids from production vessels.

(D)  Flowlines mean those segments of pipe from the wellhead downstream through the production facilities ending at, in the case of gas lines, the gas metering equipment; or, in the case of oil lines, the oil loading point; or in the case of water lines, the water loading point, the point of discharge to a pit, or the injection wellhead.

(E)  Oil and gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

(F)  Plugged and abandoned well means the cementing of an oil and gas well, the removal of its associated production facilities, the removal or abandonment in-place of its flowline, and the remediation and reclamation of the well site.

(G)  Production site means the area surrounding or encompassing production facilities, including but not limited to production units, tanks and tank batteries, other production–related vessels, accessory equipment, pits, reserve pits, flowlines, sales lines, rights-of-way and easements associated with previous or current oil and gas operations, and tank batteries.

(H)  Production unit means a vessel for separating well stream fluids, possibly with heat, and putting fluids into merchantable condition.

(I)  Pit means any natural or man-made depression in the ground used for oil or gas exploration or production purposes. Reserve pit does not include steel, fiberglass, concrete, or other similar vessels which do not release their contents to surrounding soils.

(J)  Reserve pit means a pit used to store drilling fluids for use in drilling operations or to contain exploration and production waste generated during drilling operations and completion or re-completion procedures.

(K)  Sales lines are flowline sections connecting to sales meters.

(L)  Well means an oil and gas well or an injection well.

(M) Wellhead means the equipment attaching the surface equipment to well bore equipment at the well.

(N)  Well site means that area surrounding a well or wells and accessory structures and equipment necessary for drilling, completion, recompletion, workover, development, and production activities. (Ord. 1698 §10, 2002)

17-56-040  Plugged and abandoned well and former oil and gas production site regulations. Go to the top

(A)  Prior to submittal of a final plat, minor subdivision plat, or site development plan, any plugged and abandoned well shall be located, excavated (if it was cut off and buried), and surveyed. The plugged and abandoned well shall be permanently marked by a brass plaque set in concrete similar to a permanent bench mark to monument its existence and location. Such plaque shall contain any information required on a dry hole marker by the Colorado Oil and Gas Conservation Commission and the city.

(B)  As a condition of review of any final plat, minor subdivision plat, or site development plan within the boundaries, or within 200 feet of such boundaries, of which is located a plugged and abandoned well or former oil and gas production site, the owner shall submit a location diagram of the location of the wellhead, the production site, and the well site.

(C)  On every final plat and on every minor subdivision plat within the boundaries on which is located a plugged and abandoned well, or for property within 100 feet of a plugged or abandoned well, there shall be dedicated to the city a well maintenance and workover easement, the dimensions of which shall be not less than fifty feet in width and 100 feet in length. No structures shall be located within this easement. The plugged and abandoned well shall be located in the center of the easement. There shall be public access for ingress and egress to the easement of a width of not less than twenty feet. Such public access shall be dedicated or granted to the city.

(D)  The well maintenance and workover easement shall be depicted on site development plans.

(E)  Every final plat, minor subdivision plat, and site development plan within the boundaries of which is located a plugged and abandoned well, or for property within 200 feet of a plugged or abandoned well, shall include the following notation: "The owner shall disclose to prospective purchasers of lots within a radius of 200 feet of the plugged and abandoned well of (1) the location of the plugged and abandoned well, (2) the location of the maintenance and workover easement, and (3) the purpose for the well maintenance and workover easement."

(F)  As a condition of approval of a final plat, minor subdivision plat, or site development plan, and prior to issuance of a grading, building, or public-private improvement permit for property on which there is a plugged and abandoned well or former oil and gas production site, the applicant shall submit to the city an acceptable verification that the well or former production site has been remediated of hydrocarbon contamination to background levels. In the alternative, the applicant shall submit to the city a certification by the city department of health and human services that there has been remediation of hydrocarbons at the well site to a level satisfactory to the city department of health and human services. For property where there is an abandoned well or former production site within 200 feet of the boundary of the property, the applicant shall submit to the city an acceptable verification that the well or former production site and a minimum of 200 feet from the well or former production site have been remediated of hydrocarbon contamination to background levels. In the alternative, the applicant shall submit to the city a certification by the city department of health and human services that there is no contamination on the subject property, or that there has been remediation of hydrocarbons on the subject property to a level satisfactory to the city department of health and human services.

(G)  Prior to issuance of a grading permit within a development containing a known reserve pit site, the reserve pit site shall be tested for expansive soils. Reserve pits containing expansive soils in locations proposed for buildings shall be subject to the provisions of the International Building Code regulating expansive soils and the standards and specifications as adopted in chapter 14-04, B.M.C.

(H)  No utility lines shall be installed within ten feet of any plugged and abandoned well.

(I)  Prior to issuance of a grading permit within a development containing abandoned flowlines, the fluids within the abandoned flowlines shall be recovered and the flowlines removed. Any fluid loss as a result of removing the flowlines shall be reported to the city public health department. Any such fluid loss shall be remediated to the satisfaction of the city public health department. (Ord. 1698 §10, 2002; Ord. 1858 §18, 2008)


Chapter 17-58

Master Plan

17-58-010  Master plan preparation. Go to the top

(A)  The city council shall cause the preparation of a master plan for the physical development of the city, including areas outside its boundaries, which in the city council's judgment bear relation to the planning of the city. The master plan, with the accompanying maps, plats, charts, and description matter, shall show the city council's plan for the future development of said territory, including but not limited to:

(1)  The general location, character, and extent of proposed land uses;

(2)  The general location and extent of public facilities; and

(3)  The proposed transportation plan for the city, including all appropriate modes of transportation.

(B)  As the work of making the whole master plan progresses, the city council may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the city or one or more of the foregoing or other functional matters to be included in the master plan. The city council may amend, extend, or add to the plan from time to time. (Ord. 1072 §1, 1994)

17-58-020  Purpose. Go to the top

The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood waters, and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, the promotion of energy conservation, and the adequate provision of public utilities and other public requirements. (Ord. 1072 §1, 1994)

17-58-030  Procedure for adoption. Go to the top

The city council may adopt the master plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, said parts corresponding with major geographical sections or divisions of the city or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension, or addition, the city council shall hold at least one public hearing thereon, notice of the time and place of which shall be given in accordance with sections 17-52-010, 17-52-020, 17-52-030, 17-52-060, and 17-52-080, B.M.C. The adoption of the plan, any part, amendment, extension, or addition shall be by resolution of the city council. The resolution may refer expressly to the maps and descriptive and other matter intended by the city council to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the mayor or mayor pro tem and attested by the city clerk. A copy of the plan or part thereof shall be certified to each governmental body of the territory affected and shall be filed with the county clerk and recorder of each county wherein the territory is located. (Ord. 1072 §1, 1994; Ord. 1111 §48, 1995; Ord. 1415 §7, 1999)

17-58-040  Applicability of state statutes. Go to the top

The following sections of Part 2 of Article 23, Title 31, C.R.S., shall apply to the city: 31-23-212, 31-23-213, 31-23-214.1, 31-23-216, 31-23-216.5, 31-23-218, 31-23-226, and 31-23-227. No other provisions of Part 2 of Article 23, Title 31, C.R.S., shall apply to the city. In those sections of the Colorado Revised Statutes that are adopted by reference, the words "city council" shall be substituted for the words "the commission." (Ord. 1072 §1, 1994)

17-58-050  Master plan amendments. Go to the top

An applicant for a master plan amendment shall pay an application fee of $650.00 for a master plan amendment of ten acres or more of land and $250.00 for a master plan amendment of less than ten acres of land. (Ord. 1692 §5, 2002)


Chapter 17-62

Residential Growth Management

17-62-010  Purpose. Go to the top

The purpose of the residential growth management policy hereinafter adopted is to impose land use controls on residential development within the city in furtherance of the health, safety, and welfare of the residents of the city by regulating population density, distribution, and growth consistent with the City of Broomfield 1995 Master Plan. (Ord. 1352 §1, 1998)

17-62-020  Definitions. Go to the top

(A)  Assisted living facility means a residential facility that makes available to three or more adults not related by blood or marriage to the owner of such facility, either directly or indirectly through a provider agreement, room and board and personal services, protective oversight, and social care due to impaired capacity to live independently but not to the extent that twenty-four-hour medical or nursing care is required.

(B)  Building permit means a permit issued for a new residential dwelling unit pursuant to the International Building Code or International Residential Code, as applicable, as adopted in chapter 15-04, B.M.C.

(C)  Calendar year means the period from January 1 to December 31.

(D)  Dwelling unit means a dwelling unit as defined in section 17-04-100, B.M.C.

(E)  Multiple-family dwelling means a multiple family dwelling as defined in section 17-04-090, B.M.C.

(F)  New residential construction means any new building that houses one or more dwelling units.

(G)  One-family dwelling means a one-family dwelling as defined in section 17-04-095, B.M.C. (Ord. 1352 §1, 1998; Ord. 1858 §19, 2008)

17-62-030  Residential growth management. Go to the top

(A)  Effective September 1, 1998, through and including December 31, 1998, the city shall issue no more than 100 building permits for new residential construction of dwelling units, except as may otherwise be exempted under section 17-62-040.

(B)  Effective for the calendar year January 1, 1999, and for each calendar year thereafter, the city shall issue no more than 300 building permits for new residential construction of dwelling units in any calendar year, except as may otherwise be exempted under section 17-62-040.

(C)  The city council may by resolution or ordinance impose a method for the allocation of building permits for new construction of dwelling units consistent with the provisions of this chapter.

(D)  If in any calendar year fewer than 300 building permits are issued for new residential construction of dwelling units, the city council may provide by resolution that such unissued building permits may be carried forward and issued in any subsequent calendar year in addition to the authorized 300 building permits for dwelling units for the calendar year. (Ord. 1352 §1, 1998)

17-62-040  Exemptions. Go to the top

Building permits for the new residential construction of dwelling units are exempt from the building permit limitation imposed by this chapter as follows:

(A)  Residential developments for which vested property rights have been approved by ordinance pursuant to chapter 16-40, B.M.C.;

(B)  Development agreements that expressly guarantee the issuance by the city of residential building permits to developers or their assignees;

(C)  Residential subdivisions with five or fewer lots upon which a one-family dwelling may be constructed;

(D)  Multiple-family dwellings, which may be exempted on a case-by-case review by the city council;

(E)  Assisted living facilities;

(F)  Nursing homes;

(G)  Hospices; and

(H)  Senior housing facilities primarily occupied by persons sixty-two years of age or older. (Ord. 1352 §1, 1998)

17-62-050  Building permit allocations for existing developments and subdivisions. Go to the top

(A)  The provisions of this section shall apply to final plats and site development plans for residential developments and subdivisions that have been approved by the city council prior to September 1, 1998, and which may not otherwise be exempt from this section as provided in section 17-62-040. For residential developments and subdivisions approved by the city council prior to September 1, 1998, there is hereby imposed a formula for the allocation of building permits for new construction of residential units as follows: If, as of September 1, 1998, an approved residential development or subdivision has fifty or fewer vacant residential lots remaining, 50% of all such lots shall be allocated building permits from September 1, 1998, through December 31, 1998, and the remaining 50% shall be allocated building permits during calendar year 1999. If, as of September 1, 1998, an approved residential development or subdivision has fewer than 150 but more than fifty vacant residential lots remaining, 25% of all such lots shall be allocated building permits from September 1, 1998, through December 31, 1998; 25% of all such lots shall be allocated building permits during calendar year 1999; 25% of all such lots shall be allocated building permits during calendar year 2000; and 25% of all such lots shall be allocated building permits during calendar year 2001.

(B)  This allocation formula is subject to minor modifications based on past patterns of the issuance of building permits for residential developments and subdivisions in the city as well as the needs and desires of the developers and builders within such residential developments and subdivisions. Accordingly and considering such minor modifications, the city council does hereby allocate building permits for the new construction of dwelling units for approved residential developments and subdivisions as follows:

(1)  The Aspen Creek Subdivision is hereby allocated building permits for new construction of dwelling units as follows: 50 building permits during calendar year 1999; 75 building permits during calendar year 2000; and 60 building permits during calendar year 2001.

(2)  Broomfield Country Club Filing No. 10 is hereby allocated building permits for new construction of dwelling units as follows: 15 building permits between September 1, 1998, and December 31, 1998; 45 building permits during calendar year 1999; and 20 building permits during calendar year 2000.

(3)  Country Estates Filing No. 8 is hereby allocated building permits for new construction of dwelling units as follows: 5 building permits between September 1, 1998, and December 31, 1998; 40 building permits during calendar year 1999; 40 building permits during calendar year 2000; and 29 building permits during calendar year 2001.

(4)  Country Vistas Filing No. 2 is hereby allocated building permits for new construction of dwelling units as follows: 2 building permits between September 1, 1998, and December 31, 1998;

(5)  Gate 'N Green Filing No. 3 is hereby allocated building permits for new construction of dwelling units as follows: 3 building permits between September 1, 1998, and December 31, 1998; and 4 building permits during calendar year 1999.

(6)  Miramonte Farms Filing No. 3 is hereby allocated building permits for new construction of dwelling units as follows: 21 building permits between September 1, 1998, and December 31, 1998; and 21 building permits during calendar year 1999.

(7)  Willow Run Filing No. 4 and Willow Run Filing No. 5 are hereby allocated building permits for new construction of dwelling units as follows: 78 building permits between September 1, 1998, and December 31, 1998; and 96 building permits during calendar year 1999.

(C)  Nothing in this section 17-62-050 shall be construed as granting a vested property right as provided in Article 68 of Title 24, C.R.S., to any landowner of the above-named developments and subdivisions. (Ord. 1363 §1, 1998)

17-62-060  Building permit allocations for new residential construction. Go to the top

(A)  The provisions of this section shall apply to PUD plans and site development plans for residential developments and subdivisions approved by the city council on or after September 1, 1998, and which may not otherwise be exempt from this section as provided in section 17-62-040, B.M.C. For PUD plans approved by the city council on or after September 1, 1998, the number of building permits allocated for new construction of residential units shall be included as a notation on the PUD plan. Site development plans submitted to the city pursuant to an approved PUD plan shall include the number of building permits allocated for new residential construction, which number for all such site development plans submitted shall not exceed the total number of building permits approved on the PUD plan.

(B)  The city council has discretion in allocating the number of building permits for new residential construction on PUD plans. This allocation discretion authorizes the city council to approve new residential building permits for PUD plans based on the following review standards:

(1)  The degree to which the PUD plan furthers the goals, policies, and guidelines of the master plan;

(2)  The amount and the quality of open lands proposed in the PUD plan;

(3)  The inclusion of and quality of affordable housing in the PUD plan;

(4)  The degree to which the PUD plan minimizes or mitigates the impact of development on city infrastructure and services;

(5)  The degree to which, where appropriate, the PUD plan includes a variety of housing types, architectural styles and designs, building orientations, and building exterior materials;

(6)  Inclusion in the PUD plan of landscaping standards and dwelling densities that exceed city standards;

(7)  Provision in the PUD plan of public and private recreational facilities and trails that exceed those that may be required by the city; and

(8)  Provision in the PUD plan for street and property edge improvements that exceed city standards.

(C)  The city council may by resolution or ordinance modify the allocation of building permits for new residential construction by either increasing or decreasing the number of building permits as allocated on a PUD plan or on a site development plan, or on both, after notice and public hearing by the city council. Such notice shall be as provided in sections 17-52-020, 17-52-030, 17-52-060, and 17-52-080, B.M.C.

(D)  Nothing in this section 17-62-060 shall grant a vested property right as provided in Article 68 of Title 24, C.R.S., for either a PUD plan or site development plan regarding the number of building permits allocated thereon. (Ord. 1377 §1, 1998)


Chapter 17-66

Disconnection of Land From the City

17-66-010  Legislative intent. Go to the top

It is the intent of the city council to exercise the powers granted to home rule municipal corporations by section 6 of article XX of the Colorado Constitution in order to establish a nonjudicial procedure for the disconnection of land from the city. (Ord. 1376 §1, 1998)

17-66-020  Definitions. Go to the top

Landowner means the owner in fee of any undivided interest in a given parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate. (Ord. 1376 §1, 1998)

17-66-030  Application. Go to the top

Either the city manager or the landowner of a tract of land within and contiguous to the external boundary of the city may apply to the city council for disconnection of such tract of land by filing an application with the city clerk. The application shall contain the following:

(A)  A description of the land sought to be disconnected;

(B)  A disconnection map of the land in black ink or photographic reproduction, or four-mil thickness Mylar (double-matted polyester film) at a scale of one inch equals 100 feet;

(C)  The names and addresses of the owners of the land together with proof of such ownership;

(D)  Documentation that demonstrates that the land is located contiguous to the exterior border of the city;

(E)  Documentation that demonstrates that no part of the land is encumbered by any obligations to the city for payment of fees, taxes, or assessments; and

(F)  Documentation that demonstrates that all taxes, fees, or assessments lawfully due upon the land at the time of the filing of application have been fully paid. (Ord. 1376 §1, 1998)

17-66-040  Hearing and notice. Go to the top

Within 120 days of receipt of an application by the city clerk, the city council shall hold a public hearing on an application for the disconnection of land from the city. Notice of the public hearing on the application for disconnection shall be as provided in sections 17-52-010, 17-52-020, 17-52-030, 17-52-060, and 17-52-080, B.M.C. (Ord. 1376 §1, 1998)

17-66-050  Review standards. Go to the top

City council approval of an ordinance disconnecting land from the city shall be based on the following review standards:

(A)  Whether the tract of land is situated such that its disconnection would impair extension of roads, utilities, or other infrastructure to other tracts of land located within the city or anticipated to be located within the city;

(B)  Whether the tract of land is contiguous to the exterior boundary of the city. Contiguity with unincorporated areas embraced within the limits of the city or enclaves shall not constitute contiguity with the exterior boundary of the city;

(C)  Whether the tract of land is situated such that its disconnection would impair or preclude future annexations identified in the city's comprehensive plan;

(D)  Whether the retention of the tract of land within the city would impose a cost for services and infrastructure significantly in excess of the benefit of such tract of land remaining in the city;

(E)  Whether the disconnection of the property would permit development in a manner that would negatively impact the city or abutting tracts of land that are located within the city;

(F)  Whether the city is reimbursed for public funds expended on the parcel for infrastructure or other costs;

(G)  Whether the water rights associated with the land have been received by the city and incorporated into the city's water supply plans;

(H)  Whether the tract of land is obligated contractually or otherwise expected to participate in the development of a general development plan or regional infrastructure;

(I)  Whether the city has entered into an agreement that expressly provides for the disconnection of land from the city as an express condition of such agreement; and

(J)  Such other matters the city council finds relevant to the application. (Ord. 1376 §1, 1998)

17-66-060  Disconnection ordinance. Go to the top

If the city council finds and determines that the best interests of the city are served by disconnecting such tract of land, considering the review standards in section 17-66-050, the city council may by ordinance disconnect the land from the city. (Ord. 1376 §1, 1998)

17-66-070  Liability for taxes. Go to the top

Land disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying an indebtedness lawfully contracted by the city council while such land was within the limits of the city and which remains unpaid, and for the payment of which said land could be lawfully taxed. (Ord. 1376 §1, 1998)

17-66-080  Disconnection agreement. Go to the top

The city council may by a disconnection agreement establish terms and conditions for granting a disconnection, which terms shall survive the disconnection of the tract of land. (Ord. 1376 §1, 1998)

17-66-090  Effective date of disconnection. Go to the top

Two certified copies of the disconnection ordinance and duplicates of the disconnection map shall be filed by the city clerk in the office of the county clerk and recorder of the county in which the tract of land is situated. Disconnection of land from the city shall be effective upon the required filing by the city clerk of the disconnection ordinance with the county clerk and recorder. The county clerk and recorder shall file the disconnection ordinance and the disconnection map with the State of Colorado pursuant to Section 24-32-109, C.R.S. (Ord. 1376 §1, 1998)


Chapter 17-70

Residential Landscape Requirements

17-70-010  Residential landscape requirements. Go to the top

(A)  All new residential construction for which a building permit or certificate of occupancy is issued shall be subject to the residential landscape requirements established in this chapter.

(B)  Prior to seeding turf grass or installing turf grass sod on any single-family or multiple-family residential lot, the area of such residential lot which is seeded or sodded shall first be treated with organic amendments incorporated into the soil at the rate of three cubic yards per 1,000 square feet.

(C)  Not more than 60% of the landscape area of any single-family or multiple-family residential lot shall be comprised of turf grass.

(D)  Irrigation systems installed on any single-family or multiple-family residential lot shall be designed to include drip irrigation for trees and shrubs on a separate circuit from the turf irrigation circuits.

(E)  Irrigation systems installed on any single-family or multiple-family residential lot designed to water grasses shall be fitted with nozzles rated as "water efficient" on all pop-up irrigation heads.

(F)  The city and county manager is hereby directed to promulgate administrative regulations consistent with this chapter to implement the provisions of this chapter.

(G)  The penalty for violation of the terms of this chapter shall be as provided in chapter 1-12, B.M.C. (Ord. 1721 §1, 2003)


Chapter 17-72

Historic Preservation

17-72-010  Purpose and intent. Go to the top

(A)  In order to foster civic pride in the beauty and accomplishments of the past, and in order to create eligibility for state or federal grant funds for the restoration, stabilization, and preservation of landmarks within the city that reflect outstanding elements of the city's cultural, artistic, social, economic, political, architectural, historic or other heritage, a procedure for designating historic landmarks within the city is needed.

(B)  The intent of this chapter is to create a reasonable balance between private property rights and the public interest in preserving Broomfield's unique historic character and culture. It is also the intent of this chapter not to preserve every old building, but rather to provide incentives to preserve historic and architecturally significant sites, buildings, structures, neighborhoods and districts by providing guidelines for the appropriate use of land and the moving, demolition, reconstruction, restoration, or alteration of such buildings, sites, and structures that comply with state and federal historic preservation laws, thereby making certain tax credits available to private property owners and making other benefits and incentives available for preservation projects. (Ord. 1813 §1, 2005)

17-72-020  Definitions. Go to the top

As used in this chapter, the following words and terms are defined as follows:

(A)  Alteration means any act or process that changes either one or more of the exterior architectural features of a structure; or one or more of the physical features of a site or district, except color or paint.

(B)  Board means the Broomfield Historic Landmark Board, as provided for in this chapter.

(C)  Certificate of historic appropriateness means a certificate issued by the city showing approval of plans for construction, demolition, moving, reconstruction, restoration, or alteration of any structure in a historic landmark district or designated as a historic landmark.

(D)  Contributing structures means those structures or physical features within a site or district that help to define the historic significance of that site or district.

(E)  Cultural landscape means a geographic area (including both cultural and natural resources and the wildlife or domestic animals therein) associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.

(F)  Demolition means any act or process which destroys, in part or in whole, any historic landmark.

(G)  Designated landmark or district means a structure, site or district officially included in the state or national register of historic places, or designated pursuant to this chapter as a historic landmark.

(H)  Director means the city's director of community development or his or her designee.

(I)  Exterior architectural features means the architectural style and general arrangement of the exterior of the structure including type and texture of the building materials and including all windows, doors, siding, roofs, lights, signs, and other fixtures appurtenant thereto, if such physical component is visible from a public way or adjoining properties.

(J)  Historic designation means the formal recognition of a historic structure, site, or district by the city pursuant to this chapter.

(K)  Historic landmark means any resources in the city, either public and private, including buildings, homes, replicas, structures, objects, properties, cultural landscapes, or sites that have importance in the history, architecture, archeology, or culture of this city, state, or nation, as determined by the board and having received a historic designation because of its significance and importance to the community.

(L)  Historic landmark board means the city council or a citizen committee appointed by the city council to make recommendations to the city council on the designation of historic landmarks and historic districts and to administer the city's historic landmark program, and hereinafter referred to as the board. The board shall perform the various functions and duties provided for it in this chapter.

(M) Historic landmark district means a geographically definable area including a concentration, linkage, or continuity of subsurface sites, cultural landscapes, buildings, structures, or objects. A district is related by a pattern of either physical elements or social activities. The term district may include, but is not limited to, neighborhoods, agricultural, or commercial districts.

(N)  Historic significance means having a special historic or aesthetic interest or value as part of the development, heritage, cultural, or historic character of the city, region, state, or nation.

(O)  Historic site means a landscape significant for its association with a historic event, activity, or person.

(P)  Maintenance and repair means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of, decay of, or damage to a structure or any architecturally significant part thereof, and to restore or replace, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay, or damage, and which work does not effect a significant change in the external appearance of the structure.

(Q)  Overwhelming historical significance means either possessing such unusual or uncommon significance that any structure's potential demolition or major alteration would diminish the character and sense of place in the city; or possessing superior or outstanding examples of the architectural, social, or geographic historic significance criteria outlined in the standards and criteria set forth in this chapter. The term superior shall mean excellence of its kind, and the term outstanding shall mean marked by eminence and distinction.

(R)  Owner means the person or persons listed in the records of the county clerk and recorder or county assessor as owner of a subject property.

(S)  Preservation means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic landmark.

(T)  Reconstruction means the act or process of depicting, by means of new construction, the form, features, and detailing of a nonsurviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

(U)  Rehabilitation means the act or process of making a compatible use for a property through repair, alterations, and additions, while preserving those portions or features that convey its historic, cultural, or architectural values.

(V)  Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from other periods in its history.

(W) Significant change means an alteration or modification in the external appearance that has or is likely to have influence or effect on the historic or architectural merit of a structure or site, including but not limited to all activities for which a building permit is required. (Ord. 1813 §1, 2005)

17-72-030  Historic landmark board. Go to the top

(A)  There is hereby created a historic landmark board, which shall have the principal responsibility for matters involving historic landmarks as set forth in this chapter. The city council shall act as the board pursuant to this chapter until it appoints a qualified citizen board.

(B)  The membership of the board shall consist of seven regular members and one alternate appointed by a majority vote of the city council members present at any regular or special meeting. The board shall be composed of both professional and lay members, and at least 40% shall be professionals in preservation–related disciplines, such as architecture, landscape architecture, architectural history, archaeology, history, and planning, or related disciplines such as building trades, real estate, law, cultural geography, or cultural anthropology. The term of office shall be four-year overlapping terms, with four of the initial regular members being appointed for a four-year term, and three regular members plus one alternate being appointed for a two-year term. Members shall continue to serve after the expiration of their terms until a successor is duly qualified and appointed by the city council. Effective November 1, 2007, terms of the members then in office shall be extended three months, so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st.

(C)  From among its regular members, the board shall select a chair and vice-chair at the first meeting of each calendar year.

(D)  The board shall meet at least quarterly, unless applications or other requests for action are pending, in which case the board shall meet at least monthly. All board meetings shall be open to the public with exceptions for executive sessions as provided for the city council in this code and as provided by any preservation-related state or federal law.

(E)  A majority of the number of currently appointed regular board members shall constitute a quorum. An alternate may substitute for a regular board member to create a quorum. If a quorum is not present, then the chair of the board may set a new date for a special hearing, or the matters scheduled for that hearing shall be heard on the next regularly scheduled hearing date.

(F)  The board shall adopt bylaws and other administrative guidelines to govern the conduct of its meetings, which shall be made available to the public. (Ord. 1813 §1, 2005; Ord. 1847 §1, 2006; Ord. 1882 §13, 2007)

17-72-040  Powers and duties of historic landmark board. Go to the top

Within available staff, volunteer, and financial resources, the board shall:

(A)  Propose for adoption criteria for review of historic resources and for review of proposals to alter, demolish, or move designated resources, that are in addition to and consistent with the criteria set forth in this chapter.

(B)  Review properties nominated for designation as a historic landmark or a historic landmark district, and make recommendations to the city council regarding historic designation.

(C)  Encourage owners of historic properties to maintain them in good repair, and advise and assist owners of historic properties concerning physical and financial aspects of preservation, renovation, rehabilitation, and restoration, including nomination to the national and state registers of historic places.

(D)  Develop and assist in public education programs, including but not limited to school programs, walking tours, brochures, a marker program for historic properties, interpretive sites and programs, lectures, and conferences about the history of the local and regional community, the value of preserving historic properties, and the materials and methods of preservation.

(E)  Review applications for and issue certificates of historic appropriateness pursuant to this chapter.

(F)  Conduct surveys of historic properties, structures and areas in order to define those of historic significance, for the purpose of creating a preservation plan of historic properties and districts.

(G)  Pursue financial assistance for preservation and history-related programs.

(H)  Maintain records and files on all board actions and provide documentation as necessary to the State Historical Fund.

(I)  Develop and modify as needed a checklist of activities critical to the maintenance of a historic landmark to be completed as a requirement for receiving a tax rebate.

(J)  Identify and implement other incentives for owners of historic properties.

(K)  Authorize and implement such steps as it deems desirable to recognize the merit of and to encourage the protection, enhancement, perpetuation, and use of any historic landmark or historic landmark district by, without limitation, issuing certificates of recognition and authorizing plaques to be affixed to the exteriors of such structures.

(L)  Foster civic pride and awareness of the unique heritage of the city.

(M) Pursue these duties and any others required by state and federal law in order to qualify the city as a certified local government under applicable historic preservation laws. (Ord. 1813 §1, 2005; Ord. 1847 §2, 2006)

17-72-050  Criteria for designation. Go to the top

The board will consider the following criteria in reviewing nominations of properties for designation:

(A)  Properties receiving historic designations shall be at least fifty years old, except as otherwise provided herein, and possess architectural, social, or geographical/environmental importance by meeting one or more of the following:

(1)  Exemplifies specific elements of an architectural style or period;

(2)  Is an example of the work of an architect or builder who is recognized for expertise nationally, statewide, regionally, or locally;

(3)  Demonstrates superior craftsmanship or high artistic value;

(4)  Represents an innovation in construction, materials, or design;

(5)  Represents a style particularly associated with the Broomfield area;

(6)  Represents a built environment of a group of people in an era of history;

(7)  Represents a pattern or grouping of elements representing at least one of the above criteria;

(8)  Has undergone significant historic remodel;

(9)  Is the site of a historic event that had an effect upon society;

(10)  Exemplifies cultural, political, economic, or social heritage of the community;

(11)  Represents an association with a notable person or the work of a notable person;

(12)  Represents a typical example/association with a particular ethnic group;

(13)  Represents a unique example of an event in Broomfield's history;

(14)  Enhances sense of identity of the community;

(15)  Is an established and familiar natural setting or visual feature of the community.

(B)  Historic landmark districts must comply with subsection (A) above and be related by a pattern of either physical elements or social activities. Significance is determined by applying criteria in this chapter to the patterns and unifying elements. District designations will not be considered unless the application contains written approval of all property owners within the district boundaries. Properties that do not contribute to the significance of the historic landmark district may be included within the boundaries, as long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historic development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, or information potential.

(C)  Any site listed on the state or national register of historic places shall be deemed to qualify for local designation under this chapter, but shall not be locally designated until an application for designation is filed and processed pursuant to this chapter. (Ord. 1813 §1, 2005)

17-72-060  Procedures for nomination of historic landmarks and districts. Go to the top

(A)  Any advisory board or the city council may nominate a property, area, or structure for designation as a historic landmark or historic landmark district, or a property owner may nominate his or her own property. If a nomination is received from a party other than the property owner, the nominating party shall contact the owner or owners of such historic property, outlining the reasons for and the effects of designation as a historic property, and shall secure the consent of the owner or owners to such designation before the nomination is accepted as complete for review.

(B)  The nominating party shall file an application with the director on forms prescribed by the board. The application shall include the names of all owners of property included in the proposed designation and shall be accompanied by all information required by the board. The director shall transmit copies of the application to relevant city departments and the board for comment. If the nominating party is not the property owner, the director shall keep the owner informed of all steps in the designation proceedings and provide copies of documents that are filed with the city.

(C)  Each such nomination shall include a description of the characteristics of the proposed historic landmark that justify its designation pursuant to this chapter, a description of the particular features that should be preserved, and a legal description of the location and boundaries of the historic property. Any such designation shall be in furtherance of and in conformance with the purposes and standards of this chapter. (Ord. 1813 §1, 2005)

17-72-070  Procedures for designation of historic landmarks and historic districts. Go to the top

(A)  Application:

(1)  Any completed application for designation, once reviewed by the director, shall be promptly referred to the board. The board shall hold a public hearing on the proposal not less than thirty days nor more than sixty days after the filing of the application to consider the adoption of the designation resolution. The hearing may be held less than thirty days after submission of the application, upon mutual consent of the applicant and the board.

(2)  Notice of the public hearing shall be published and posted in accordance with chapter 17-52, B.M.C.

(3)  The director shall review the proposed designation with respect to:

a.  Its relationship to the master plan;

b.  The effect of the designation on the surrounding neighborhood;

c.  The criteria set forth in this chapter; and

d.  Such other planning considerations as may be relevant to the proposed designation. The director shall provide written comments and recommendations regarding the proposed designation to the board prior to the hearing.

(B)  Public hearings shall be conducted as quasi-judicial hearings, following procedures comparable to those used by city council, unless specific procedures are provided by board bylaw.

(C)  The board recommendation to the city council shall be made after the board has heard all interested parties and relevant evidence. The board may continue the hearing from time to time as necessary to gather all relevant evidence to make its recommendation. The board shall consider the conformance or lack of conformance of the proposed designation with the purposes, standards, and criteria of this chapter. The board shall either recommend approval, modification and approval, or disapproval of the proposal, and shall promptly refer the proposal, with a copy of its report and recommendations, to the city council. If the landowner is not satisfied with the recommendation to the city council, the landowner may withdraw the application, or withdraw consent to the application made by another nominating party, prior to the city council's action on the proposed designation.

(D)  Proceedings before the city council:

(1)  Within sixty days after the date of any referral from the board, the city council shall hold a public hearing on the proposed designation. Notice of the public hearing shall be published in accordance with chapter 17-52, B.M.C.

(2)  The city council shall, by resolution, approve, modify and approve, or disapprove the proposed designation, and shall issue written findings in accordance with and after considering the criteria as set forth for historic landmarks and historic landmark districts. Such designating resolution shall include a description of the characteristics of the site that justify its designation and a description of the features that should be preserved or enhanced, and shall include a legal description of the location and boundaries of the historic landmark. The designating resolution may also indicate alterations that would have a significant impact upon, or be potentially detrimental to, the historic landmark. The owner of the property nominated shall be notified of the city council's decision. Once designated, the landmark shall be required to display appropriate signage as determined by the board, notifying the public of such designation.

(E)  Recording the designation:

(1)  The historic designation resolution of the city council shall be recorded within the real estate records of the City and County of Broomfield as soon as possible after the effective date of the resolution.

(2)  Within fifteen days after recording of the historic designation, the director shall send a copy of the resolution to the owner.

(F)  A property designated as a historic landmark shall retain that designation in perpetuity, unless the property has lost its historic character or the designation has been otherwise revoked pursuant this chapter. (Ord. 1813 §1, 2005)

17-72-080  Revocation of designation. Go to the top

(A)  If a structure or physical feature on a designated historic landmark site was lawfully removed or demolished, the owner may apply to the board for revocation of designation. The board shall recommend revocation of a historic landmark designation if it determines that, without the demolished structure or physical feature, the site as a whole no longer meets the purposes and standards of this chapter and the board's review standards for designation.

(B)  Upon the board's recommendation to revoke a designation, the director shall cause to be prepared a resolution including the legal description of the affected property, stating notice of the revocation, and schedule the item for city council review. Upon adoption by the city council, the resolution shall be recorded within the real estate records of the county in which the property is located.

(C)  The city council may revoke designation of a historic landmark if the public benefits of alteration, removal, or demolition of the landmark outweigh the public benefits of maintaining the designation. (Ord. 1813 §1, 2005)

17-72-090  Special duties and obligations of owners of historic properties. Go to the top

(A)  It shall be unlawful for owners of historic landmarks to allow:

(1)  The deterioration of exterior walls or other vertical supports;

(2)  The deterioration of roofs or other horizontal members;

(3)  The deterioration of external chimneys;

(4)  The deterioration or crumbling of exterior plasters, mortars, brick, stone, or wood siding;

(5)  The ineffective waterproofing of exterior walls, roof, and foundations, including windows and doors;

(6)  The peeling of paint, rotting, holes, and other forms of decay;

(7)  The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping that produce a detrimental effect on a historic landmark;

(8)  The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(B)  Before an owner is cited for failure to maintain the historic landmark or structure in a historic landmark district, the board shall notify the property owner, lessee, or occupant of the need to repair or maintain, shall assist the owner, lessee, or occupant in determining how to preserve the property, and shall give the owner a reasonable time to perform such work, which time shall not exceed 120 days. The board may grant extensions of the time period for good cause. (Ord. 1813 §1, 2005)

17-72-100  Certificate of historic appropriateness. Go to the top

(A)  A certificate of historic appropriateness shall be required for any exterior work other than maintenance and repair on a property subject to a historic designation. It shall be unlawful for any person to perform any work, other than maintenance and repair, without having first obtained a certificate of historic appropriateness.

(B)  The director shall maintain a current record of: (1) designated historic landmarks; (2) historic landmark districts; and (3) all pending proposed designations.

(C)  Upon any application for a permit to carry out any construction, alteration, removal, or demolition of a building or other designated feature to a historic landmark or in a historic landmark district, which would materially alter the exterior of such a building, site, or structure, or that involves more than ordinary maintenance and repair, the director shall not issue the requested permits until approved as provided herein, and shall promptly forward such application to the board.

(D)  The board shall review any permit applications so forwarded to it to determine whether a certificate of historic appropriateness for the work proposed should be issued.

(E)  Applications shall contain such information as is required by the board, so as to assure full presentation of pertinent facts for proper consideration of the application. The application shall be accompanied by plans and specifications showing the proposed exterior appearance, including color, texture of materials, and architectural design and detail. Drawings or photographs showing the property in the context of its surroundings shall also be required. In addition, the applicant shall file with his or her application the names and addresses of abutting property owners, including properties across the street from the property.

(F)  An application shall be promptly referred to the board. The board shall hold a public hearing on the proposal not less than thirty days, nor more than sixty days, after the filing of the application to consider the adoption of the designation resolution. The hearing may be held less than thirty days after submission of the application, upon mutual consent of the applicant and the board.

(G)  Notice of the public hearing shall be published and posted in accordance with chapter 17-52, B.M.C.

(H)  In determining whether to issue a certificate of historic appropriateness, the board shall consider:

(1)  The effect of the proposed change on the general architectural or historic character of the structure or district;

(2)  The architectural style, arrangement, textures, and materials used on existing and proposed structures and their relation to other structures in the district, if applicable;

(3)  The uniqueness of the structure and how it ties in with the history of the area;

(4)  The size of the structure, its setbacks, its site, location, and the appropriateness thereof, when compared to existing nearby structures and the site;

(5)  The effects of the proposed work in creating, changing, destroying, or otherwise affecting the exterior architectural features of the structure upon which such work is done;

(6)  The effect of the proposed work on the protection, enhancement, perpetuation, and use of the structure, area, or district;

(7)  The condition of existing improvements and whether they are a hazard to the public health or safety;

(8)  The economic viability of maintaining the structure or area as is;

(9)  Whether the property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment;

(10)  Whether the historic character of a property is being retained and preserved;

(11)  Visual compatibility with designated historic structures located on the property in terms of design, finish, material, scale, mass, and height. When the subject site is within a historic landmark district, the board must also find that the proposed development is visually compatible with the development on adjacent properties. For the purposes of this chapter, the term compatible shall mean consistent with, harmonious with, or enhancing the mixture of complementary architectural styles of either the architecture of an individual structure or the character of the surrounding structures.

(I)  The following criteria shall apply to all alterations or changes:

(1)  Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(2)  The removal or alteration of any historical material or distinctive features shall be avoided when possible.

(3)  Deteriorated historic features shall be repaired rather than replaced when possible. When the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(4)  Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(5)  Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(6)  New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property and shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic landmark and its environment would be unimpaired. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(7)  All historic or contributing buildings, structures, and sites shall be recognized as products of their own time and place. Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, site, or environment. These changes may have acquired significance in their own right, and shall be retained and preserved. Alterations that have no historical basis and which seek to create an earlier or nonlocal appearance shall be discouraged.

(8)  Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration to the defining characteristics, as identified in the application for designation, of the building, structure, or site and its environment, or to use the property for its originally intended purpose.

(J)  The board shall approve or disapprove the application in whole or in part. Any decision of the board approving or disapproving a certificate of historic appropriateness shall be final in thirty days. The board shall issue a certificate of historic appropriateness for any proposed work on a designated historical landmark only if the board can determine that the proposed work would not detrimentally alter, destroy, or adversely affect any feature that was found by the board in the original designation to contribute to the designation of the property as a landmark. (Ord. 1813 §1, 2005)

17-72-110  Relocation of historic landmarks. Go to the top

It shall be unlawful for any person to relocate a historic landmark, a contributing structure on a historic site, a building or structure within a historic landmark district; a structure onto a historic site; or a structure onto property in a historic landmark district without having first obtained a certificate of historic appropriateness. In addition to the alterations criteria in this chapter, the board shall apply the following criteria in considering applications for relocating a historic landmark, a contributing structure on a historic site, a building or structure within a historic landmark district; a structure onto a historic site; or a structure onto property in a historic landmark district:

(A)  With regard to the original site, the board will review for compliance with all of the following criteria:

(1)  Documentation showing the structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property;

(2)  Whether the structure makes a substantial contribution to its present setting;

(3)  Whether plans are specifically defined for the site to be vacated and have been approved by the director;

(4)  If the structure can be moved without significant damage to its physical integrity, and the applicant can show the relocation activity is the best preservation method for the character and integrity of the structure;

(5)  Whether the structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting; and

(6)  Whether a structural report submitted by a licensed structural engineer experienced in preservation of structures adequately demonstrates the soundness of the structure proposed for relocation.

(B)  With regard to the new location, the board will review for compliance with all of the following criteria:

(1)  The building or structure must be compatible with its proposed site and adjacent properties and if the receiving site is compatible in nature with the structure or structures proposed to be moved.

(2)  The structure's architectural integrity is consistent with the character of the receiving neighborhood.

(3)  The relocation of the historic structure would not diminish the integrity or character of the neighborhood of the receiving site.

(4)  A relocation plan has been submitted to and approved by the director, including posting a bond, to ensure the safe relocation, preservation, and repair (if required) of the structure, site preparation, and infrastructure connections. (Ord. 1813 §1, 2005)

17-72-120  Demolition of historic landmarks. Go to the top

It shall be unlawful for any historic landmark or property in a historic landmark district to be demolished without having first obtained a certificate for demolition. If a certificate for demolition is requested on any basis other than that of an imminent hazard or economic hardship, a certificate of demolition will not be issued until all criteria in subsection (A) of this section are met.

(A)  Applicants requesting a certificate of demolition must provide data to clearly demonstrate that the situation meets all of the following criteria:

(1)  The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure.

(2)  The structure cannot be rehabilitated or reused on-site to provide for any reasonable beneficial use of the property.

(3)  The structure cannot be practically moved to another site.

(4)  The applicant demonstrates that the proposal mitigates to the greatest extent practical the following:

a.  Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur.

b.  Any impact on the historic importance of the remaining structures located on the property and adjacent properties.

c.  Any impact to the architectural integrity of the remaining structures located on the property and adjacent properties.

(5)  In the case of archeological sites, consideration will be given to whether information can be recovered as part of the demolition process.

(B)  Review criteria for partial demolition:

(1)  The partial demolition is required for the renovation, restoration, or rehabilitation of the structure; and

(2)  The applicant must mitigate, to the greatest extent possible:

a.  Impacts on the historic importance of the structures located on the property.

b.  Impacts on the architectural integrity of the structures located on the property. (Ord. 1813 §1, 2005)

17-72-130  Action of board upon denial of certificate of historic appropriateness. Go to the top

(A)  If the proposed certificate of historic appropriateness to alter, relocate, or demolish is denied, the board, acting with all due diligence, shall explore with the applicant available means for substantially preserving the historic landmark that was affected by the determination. These investigations may include, by way of example and not of limitation:

(1)  Feasibility of modification of plans.

(2)  Feasibility of any alternative use of the structures that would substantially preserve the original character.

(B)  One year after denial of a certificate of historic appropriateness for demolition, if no feasible use or ownership is found for the structure, the owner may request a waiver of all or a part of the restraint of demolition. The board will include the following factors in considering the request:

(1)  Documented evidence of applications and written correspondence, including written consultations, illustrating efforts made by the property owner to make necessary repairs, to find an appropriate user, or to find a purchaser for the property; and

(2)  The adequacy of the property owner's efforts to locate available assistance for making the property functional without demolition. (Ord. 1813 §1, 2005)

17-72-140  Hardship exemption. Go to the top

The board may exempt a property from the requirement of obtaining a certificate of historic appropriateness if the board finds that the property owner has shown that the historic designation creates or would create an undue hardship.

(A)  An exemption based on noneconomic hardship may be found by the board when designation creates a situation substantially inadequate to meet the applicant's needs because of specific health or safety issues.

(B)  An exemption based on economic hardship may be found by the board applying the following standards:

(1)  The applicant's knowledge of the designation at the time of acquisition, or whether the property was designated subsequent to acquisition;

(2)  The current level of economic return on the property as considered in relation to the following:

a.  The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and price asked and offers received, if any, within the previous two years.

b.  The infeasibility or feasibility of alternative uses that can earn a reasonable economic return for the property.

c.  Economic incentives or funding available to the applicant through federal, state, city, or private programs.

(C)  The board shall hold a public hearing as soon as practical, after notice, to take final action on the application.

(1)  If after reviewing all of the evidence, the board finds that the application of the standards set forth in subsection (B) of this section results in economic hardship, then the board shall issue a certificate of demolition.

(2)  If the board finds that the application of the standards set forth in subsection (B) of this section does not result in economic hardship, then the certificate of demolition shall be denied.

(D)  Economic hardship does not include self-created hardships, willful or negligent acts by the owner, purchase of the property for substantially more than the market value, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements. (Ord. 1813 §1, 2005)

17-72-150  Unsafe or dangerous conditions exempted. Go to the top

Nothing in this chapter shall be construed to prevent any measures of construction, alteration, removal, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or parts thereof, where such condition is declared unsafe or dangerous by the city and where the proposed measures have been declared necessary by the chief building official to correct the condition, as long as only such work that is necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a certificate of historic appropriateness under this chapter, but a certificate is required for permanent alteration, removal, or demolition. (Ord. 1813 §1, 2005)

17-72-160  Enforcement and penalties. Go to the top

It shall be unlawful for any person to violate a provision of this chapter or the terms of a certificate of historic appropriateness. Any person, either as owner, lessee, occupant, or otherwise, who violates any of the provisions of this chapter or any amendment thereof, or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this chapter, shall be subject to the fines provided in chapter 1-12, B.M.C. (Ord. 1813 §1, 2005)

17-72-170  City council review of designation, alteration, removal, and demolition. Go to the top

Nothing in this chapter shall prevent the city council from revoking a historic landmark designation in order to carry out specified public purposes with benefits to the public that outweigh the benefits of maintaining the historic landmark designation. (Ord. 1813 §1, 2005)