CHAPTER 16
Land Use and Development
Article I Zoning
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Sec. 16-1-100 Highway
Commercial (B-1) District
Sec. 16-1-110 General
Business (B-2) District
Sec. 16-1-120 Light
Industrial (I-1) District
Sec. 16-1-130 Planned
Development (PD) District
Sec. 16-1-140 Mixed-Use
(MU) District
Sec. 16-1-145 Agriculture
(A-1) District
Sec. 16-1-150 Supplementary
regulations
Sec. 16-1-160 Nonconforming
uses
Sec. 16-1-165 Temporary
structures and uses
Sec. 16-1-170 Board
of Adjustment
Sec. 16-1-180 Amendments
to Chapter and Official Zoning Map
Sec. 16-1-185 Additional
referrals
Sec. 16-1-190 Enforcement
Sec. 16-1-200 Interpretation,
conflict with other laws
Sec. 16-1-210 Validity
Sec. 16-1-220 Violations
and penalties
Sec. 16-1-230 Repeals
Article II Site
Plan Standards and Procedures
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Article III Subdivision
Procedures and Requirements
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Sec. 16-3-100 Guarantee of public improvements
Sec. 16-3-110 Design standards
Sec. 16-3-120 Storm drainage criteria adopted
Article IV Public Notice Requirements
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Article V Vested Property Rights
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Article VI Parking Space Requirements
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Article VII Commercial
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Article VIII Lighting Requirements
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Article IX Uses Permitted by Special Review
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Article X Land Use Application Fees
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Article XI Historic Preservation
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Article XII Signs
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Sec. 16-12-100 Removal of illegal or hazardous signs
Sec. 16-12-110 Signs permitted in all districts
Sec. 16-12-120 Special signs
Sec. 16-12-130 Prohibited signs
Sec. 16-12-140 District sign regulations
Sec. 16-12-150 Signs for special and permitted uses
Sec. 16-12-160 Comprehensive sign plans
Sec. 16-12-170 Appeals and variances
Sec. 16-12-180 Permit requirements and other limitations on special signs
Sec. 16-12-190 Nonconforming uses
Sec. 16-12-200 Injunctive relief
Sec. 16-12-210 Violation; penalty
ARTICLE I
Zoning
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Land use zoning encourages the most appropriate use of land and protects all property against adverse effects of neighboring developments. In general, the public health, safety and welfare are promoted through zoning in the following manner:
(1) Property values are protected in residential areas, since by way of example, factories, gasoline filling stations or other such uses generally cannot locate next to homes and thus make such residences less desirable places in which to live.
(2) Established business areas are protected against the indiscriminate development of business buildings wherever vacant or cheap land exists.
(3) Industrial potentiality is increased by the reservation of adequate land for such use.
(4) The public tax base is stabilized and maintained.
(5) Increased safety against fire and consequent lower fire insurance rates result from the prevention of overcrowding and the segregation of hazardous uses.
(6) Property owners are protected against possible loss of light and air due to the bulk and proximity of neighboring developments.
(7) Where public water supplies are not available, the purity of individual water sources is maintained by adequate lot areas.
(8) Fire-fighting efficiency is aided by the reservation of front, rear and side yards.
(9) Public health is protected from diseases resulting from unsanitary and overcrowded conditions.
(10) Street and highway congestion, safety and construction costs are influenced by off-street parking requirements, specifications for adequate sight distance at intersections and major front yard setback lines.
(11) Utility mains and other public facilities may be more efficiently designed and extended where zoning indicates future land use and densities.
(12) The attractive environment of the Town is protected and enhanced by providing encouragement and incentives for well-designed developments.
(13) It is the intent of the Planning Commission and Restore Elizabeth Historic Advisory Board to encourage the preservation of the historical buildings and structures where it is possible so as to retain the old-time flavor of the Town. (Ord. 01-20)
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Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this Chapter shall have the meaning indicated when used in this Chapter. Words, phrases and terms not defined in this Chapter but defined elsewhere in this Code shall be construed as defined elsewhere in this Code. Words, phrases and terms neither defined herein nor elsewhere in this Chapter shall be given usual and customary meanings, except where the context clearly indicates a different meaning. The words shall and will are mandatory and not permissive; the words may and should are permissive and not mandatory.
Accepted, open space. Accepted, when used in regard to open space, shall mean written acceptance upon a recorded plat or other recorded document giving indication of conveyance of land to be used by the public, or for some other use deemed appropriate by the Board of Trustees.
Accepted, roads and streets. Accepted, when used in regard to roads and streets, shall mean written acceptance of the road or street for public use by the Board of Trustees and shall construe the responsibility for maintenance.
Accessory building means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.
Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
Adjacent means all properties with a common point or line to the
subject property and the property which would have a common point or line with
the subject property if a public right-of-way separating the properties were
not there.
Adult arcade means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult bookstore, adult novelty store or adult video store means:
a. A commercial establishment which: (1) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; (2) receives a significant or substantial portion of its revenues from; or (3) devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
b. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of Subsection a are otherwise met.
Adult cabaret means a nightclub, bar, restaurant or other commercial establishment which regularly features: (a) persons who appear nude or in a state of nudity; or (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Adult motel means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten (10) hours.
Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
Alley means a public or private vehicular passageway dedicated or permanently reserved as a means of secondary access to abutting property and designed as an alley on a final plat.
Applicant means any owner of a right or title in real property in Town who formally requests action on a land use proposal submitted in accordance with this Chapter.
Authorized representative means any individual, partnership or corporation given written authorization by an applicant to process a proposal through the Town.
Block means an area of land within a subdivision which is entirely bounded by streets, highways, natural boundaries or the exterior boundary or boundaries of the subdivision.
Boarding and rooming house means a building or portion thereof which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.
Buffer means a strip of land established to separate and protect one (1) type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space, often in conjunction with a floodplain.
Building means any structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, and not including advertising sign boards or fences.
Building height means the vertical distance from the average finished grade to the highest point of the roof surface. A weighted average on the perimeter of the building may be utilized.
Building line means imaginary lines on a lot delineating the closest points from lot lines, public streets, planning areas or project area boundaries or other applicable perimeter lines, where any main building may be constructed.
Club means an association of persons, whether incorporated or unincorporated for some common purpose but not including groups organized primarily to render a service carried on as a business.
Dedicated land means land area transferred to the Town by deed or other legal method approved by the Town Attorney. Land so transferred and accepted by the Town shall be utilized for public or community purposes, as approved by the Board of Trustees.
Dependent mobile home means a mobile home not containing complete bathroom facilities.
Developer means any person, corporation, joint venture, partnership or other entity which applies to the Town for any of the following services: annexation, zoning, subdivision, site plan, variance or other administrative, quasi-judicial or legislative function of the Town.
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, excavating or drilling operations.
Disposition means a contract of sale resulting in the transfer of legal and equitable title to an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.
Dwelling means any building or portion thereof which is used as the private residence of sleeping place of one (1) or more human beings, but not including hotels, motels, tourist courts, clubs, hospitals, mobile homes, or similar uses.
Dwelling, multiple-family means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.
Dwelling, one-family means a detached building designed exclusively for occupancy by one (1) family.
Dwelling, two-family means a detached building designed exclusively for occupancy by two (2) families living independently of each other.
Dwelling unit means one (1) or more rooms in a dwelling, apartment house or apartment hotel designed for occupancy by one (1) family for living or sleeping purposes and having not more than one (1) kitchen.
Easement means an acquired right of use, interest or privilege in land owned by another, which interest is recorded in the real estate records of the County.
Evidence means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition.
Excavating means the mechanical removal of earth material.
Family means a group of persons related by blood, marriage or adoption, living together normally, but not always consisting of one (1) or two (2) parents and their children, or persons living together in the relationship and for the purpose of guardian, ward or foster family who may not necessarily be related by blood or marriage to the head of the household, or a group of not more than four (4) unrelated persons living together in a dwelling unit, except that a family shall not include more than one (1) individual (or two [2] or more individuals related by blood, marriage or legal adoption), required to register as a sex offender under the provisions of Section 18-3-412.5, C.R.S.
Final plat means the map or plan of record of a subdivision and any accompanying material, as described in Article III.
Grade (ground level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, said ground level shall be measured at the sidewalk.
Grading means the vertical location of the ground surface.
Home occupation means any use conducted principally within a dwelling and carried on by the inhabitants there, without paid assistants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The individual office of a professional man/woman or artist without assistants shall be considered a home occupation, but the conducting of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation.
Hospital means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons and including sanitariums, but not including clinics, rest homes and convalescent homes.
Hotel means any 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 (6) or more guest rooms, and in which no provision is made for cooking in any individual room or suite.
Kennel means any premises, building or structure in or on which four (4) or more animals of more than four (4) months of age are harbored.
Lot line, front means the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line or the house will be addressed to ensure setbacks may be met.
Lot line, rear means the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.
Lot line, side means any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line.
Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.
Nonconforming building means a building, structure or portion thereof conflicting with the provisions of this Chapter applicable to the zone in which it is situated.
Nonconforming use means the use of a structure or premises conflicting with the provisions of this Chapter.
Occupied includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.
Open space means land areas within a subdivision, generally smaller in scale than open lands, which have been left free from structures, parking lots and roads. These types of areas generally benefit the residents or employees of the particular subdivision and usually remain in private ownership. For example, common areas within a condominium project are highly valued by the residents, but have little value to the remainder of the Town.
Owner means a person as defined by this Chapter who, alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property in question.
Person shall also include association, firm, co-partnership or corporation.
Plat means the
maps and supporting materials of a proposed subdivision, prepared in accordance
with the requirements of this Chapter, and utilized as an instrument for
recording real estate interests with the
Preliminary plan means the map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with Article III to permit the evaluation of the proposal prior to final engineering and design.
Professional office means an office for professions such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, realtors, 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.
Public facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.
Public water and public sewer facilities means those facilities of a municipality, public utility, nonprofit corporation, sanitation or water or other special district, which are constructed, operated and maintained to provide water or sewerage service and approved by the County Health Officer.
Quasi-public facility means a use or facility owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of programs.
Recreational vehicle means a structure designed for use as a temporary dwelling or sleeping accommodation for travel, recreation and vacation uses, including, but not by way of limitation, travel trailers, self-contained travel trailers, pickup campers, tent trailers and motorized homes.
Room means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.
Sexual encounter establishment means a business or commercial establishment, that as one (1) of its primary business purposes offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.
Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
Specified sexual activities includes any of the following:
a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.
b. Sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, sodomy, sadomasochism or bestiality.
c. Masturbation, actual or simulated.
d. Human genitals in a state of sexual stimulation, arousal or tumescence.
e. Excretory
functions as part of or in connection with any of the activities set forth in
Subsections a through d of this Section.
Site area, gross means total ground area purchased by the present owner, including any proposed portions to be dedicated or improved for public use.
Site area, net means the remaining ground area of the gross site after deleting all portions for public use or public improvement.
Site plan means the plans and supplemental materials, including a grading and drainage plan, a landscape plan and other detailed information, drawn and submitted in accordance with Article II of this Chapter, to evaluate a project prior to issuance of a building permit for multifamily, business, commercial, industrial and planned development projects.
Sketch plan means a map of a proposed subdivision and specified supporting materials drawn and submitted in accordance with Article III of this Chapter to evaluate feasibility and design characteristics at a conceptual state in the planning.
Street means a public thoroughfare which affords the principal means of access to abutting property.
Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.
Subdivision or subdivided land means any parcel of land which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land was previously subdivided and the filing accompanying such subdivision complied with municipal regulation applicable to subdivisions of substantially the same density, or the division of any tract of land, lot or parcel into two (2) or more lots, parcels, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership, or to offer for sale or development. Lots, tracts, blocks and other subdivisions shall be designated in accordance with this Chapter.
Subdivision improvement agreement means one (1) or more security arrangements which the Town shall accept to secure the actual cost of construction of such public improvements as are required by this Chapter.
Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (a) before the improvement or repair is started; or (b) before damages occurred, if the structure is damaged.
Use means the purpose for which land or building is designed, arranged or intended, or for which either is or may be occupied or maintained.
Width of lot means the distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.
Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.
Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.
Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto. (Ord. 00-15 §5; Ord. 01-13; Ord. 01-20)
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(a) Establishment of Districts. In order to carry out the provisions of this Chapter, the Town is hereby divided into the following zoning districts:
R-1 Single-Family Residence District
R-2 Single-Family and Duplex Residence District
R-3 Multi-Family Residence District
MH-1 Mobile Home Subdivision
MH-2
B-2 General Business District
I-1 Light Industrial District
PD Planned Development District
MU Mixed Use District
(b) Boundaries. The boundaries of these districts are established as shown on the map entitled "Zoning District Map" of the Town, which map is hereby made a part of this Chapter. District boundary lines are lot lines; the center lines of streets, alleys, highway rights-of-way, railroad rights-of-way or such lines extended; section lines; municipal corporate lines; or other lines drawn to scale on the Zoning District Map. Disputes concerning the exact location of any district boundary line shall be decided by the Board of Adjustment. Where a lot is divided at the time of enactment of this Chapter by subsequent amendments or by a zoning district boundary line, the less restrictive zone requirements may be extended not more than twenty-five (25) feet into the more restrictive zoning district adjacent to such line.
(c) Annexed Territory. Any territory hereafter annexed to the Town of shall be in the R-1, Residence District, until changed by an amendment to this Chapter. Such amendment to this Chapter may take place at the time of annexation, provided that all required hearings have been completed. (Ord. 01-20)
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Except as hereinafter provided, no building, other structure or land shall be used and no building or other structure shall be erected, reconstructed or structurally altered, except in conformance with the regulations herein specified for the district in which such building is located. (Ord. 01-20)
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(a) Uses permitted:
(1) One-family dwellings
(2) Public schools, universities, parks, playgrounds, golf courses, churches and church schools and hospitals; provided that for all such uses each principal building is located at least twenty-five (25) feet from all property lines.
(3) Electric transmission and distribution lines, telegraph and telephone lines, telephone exchanges, water reservoirs and gas regulator stations; where no public office and no repair or storage facilities are maintained other than water reservoirs.
(4) Accessory buildings: The total lot coverage of accessory buildings shall not exceed twenty-five percent (25%) of the total square footage of the lot, and the total square footage of any single accessory building may not exceed the total square footage of the dwelling unit’s footprint.
(5) Accessory uses: Home occupations, provided that the total area used for such purposes does not exceed one-third (⅓) the total first floor area of the user’s dwelling unit.
(6) Fences, hedges, walls and trees; provided that each dwelling or use has not more than one (1) identification sign; and that such sign does not exceed one (1) square foot per dwelling or ten (10) square feet for public or semi-public buildings or uses or for the prospective rental or sale of property.
(b) Minimum area of lot:
(1)