Chapter 17-32 Accessory Buildings and Uses

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

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

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

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

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

(1) Home occupations;

(2) Household pets;

(3) Signs;

(4) Off-street parking areas;

(5) Off-street loading areas;

(6) Fences, hedges, and walls;

(7) Private greenhouse;

(8) Private swimming pool;

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

(10) Fallout shelters;

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

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

17-32-020 Home occupations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17-32-030 Household pets.

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

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

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

Building Type Spaces Required

Auto repair shop	1 for each 150 sq. ft. of gross floor or each employee
Auto or truck implement and mobile home sales	1 for each employee
Animal hospital or kennel	1 for each employee
Boardinghouse or lodg ing house or tourist home	1 for each guest bedroom and resident family
Commercial recreation (not specifically men tioned)	1 for each 200 sq. ft. of gross floor space for each employee
Car wash	1 for each employee
Single-family and two- family residential dwell ing	2 per dwelling unit

Building Type Spaces Required

Multiple dwellings
1 bedroom	1.5 per unit
2 bedroom	2 per unit
3 bedroom	2.5 per unit
4 bedroom	3 per unit
Each additional bedroom over 4	3 (plus ½ space per additional bedroom)
Gas station	1 for each 150 sq. ft. of gross floor space
Hotel, motel	1 per guest bedroom plus 1 space for each 3 employees
Membership building	1 for each 6 members
Mobile home park	2.2 per mobile home
Professional office in a residential building	1 per 100 sq. ft. floor space used by such office
Auditorium, stadium, theater, convention hall, or similar place of public use	1 for each 4 seats (bench ca pacity computed at 1 seat for each 20 inches)
Bowling alley	3 for each lane
Churches	1 for each 7 seats in principal place of assembly
Drive-in restaurant or stand	1 for each 25 sq. ft. of floor space
Funeral home	1 for each 175 sq. ft. of assembly room
Hospital	1 per bed
Manufacturing, processing, or bottling	1 for each 2 employees on maximum shift or not less than 1 for each 500 sq. ft. of gross floor area
Medical office or clinic	1 for each 150 sq. ft. gross floor space
Offices and office buildings	1 for each 300 sq. ft. gross floor space
Private schools (commercial)	1 for each 50 sq. ft. of gross floor space
Public library, gallery, museum	1 for each 300 sq. ft. gross floor space

Building Type Spaces Required

Research institute or laboratory	1 for each 2 employees per maximum shift, or 1 for each 500 sq. ft. gross floor area, whichever is greater
Restaurants, cafes, and drinking places	1 for each 150 sq. ft. gross floor space
Retail store, shop, bank	1 for each 200 sq. ft. gross floor space
Elementary, junior high school, and private schools (noncommercial)	1 for each ½ classroom or parking required for audito rium, whichever is greater
Senior high school	1 for each ¼ classroom, and parking required for auditorium
Warehouses and storage buildings	1 for each employee or 1 for each 800 sq. ft. gross floor area, whichever is greater
Child day care facility	1 per 2 staff employees or staff volunteers 1 per 8 children 1 per each child day care facility vehicle

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17-32-150 Outside storage; inoperative automobiles.

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

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

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