Article V    Administration and Procedures
Sec. 7-2-38    Administration
Sec. 7-2-39    Inspection
Sec. 7-2-40    Disconnection of property requirements
Sec. 7-2-41    Vacation of public streets and ways requirements
Sec. 7-2-42    Special review uses
Sec. 7-2-43    Variances
Sec. 7-2-44    Nonconforming uses
Sec. 7-2-45    Rezoning procedures and amendments to the Zoning Ordinance
Sec. 7-2-46    Fees and dedications
Sec. 7-2-47    Violations and penalties
Sec. 7-2-48    Definitions
 

(a)    Intent.  This Section establishes and prescribes the basic duties and operating procedures of the administrative entities responsible for administering and enforcing this Section II.
(b)    Town Administrator.  The Town Administrator shall be charged with the responsibility for interpretation of and enforcement of this Section II.  Interpretation of this Section II includes but is not limited to:

(1)    Clarification of intention, classification of land uses not specified in this Section II, clarification of zoning district boundaries and delegation of procedure.
(2)    Review all development permits to determine that the permit requirements of this Section II have been satisfied.
(3)    Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies.
(4)    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 Chapter 7, Section V are met.

(c)    Town Engineer.  The duties of the Town Engineer with respect to applications submitted and processed under this Section II are as follows:

(1)    When requested by the Town Board, review and comment upon any plan submission.
(2)    Review and approve, conditionally approve or disapprove all technical diagrams and specifications submitted in connection with any final plan application; forward the results of that review to the Planning Commission and Town Board.
(3)    Review and approve, conditionally approve or disapprove all as-built diagrams and specifications of water lines, sewer lines, streets and other public improvements.

(d)    Town Clerk.  The duties of the Town Clerk with respect to applications submitted and processed under this Section II are as follows:

(1)    Provide the appropriate forms to all applicants upon request.
(2)    Provide for the acceptance and logging of submittal and their distribution to the appropriate reviewing agencies or individuals.
(3)    Provide for the collection and deposit of all fees submitted by applicants.
(4)    Provide for the notification of interested parties as required by this Section II.
(5)    When requested by the Town Board, review and comment upon any plan submission.

(e)    Planning Commission.  The duties of the Planning Commission with respect to applications submitted and processed under this Section II are as follows:

(1)    All requests for approval of a planned unit development, a special review use, a change in a nonconforming use or amendments or changes to the Official Zoning Map or other action which is required to be reviewed pursuant to this Section by these zoning regulations or other Town ordinances shall be reviewed by the entire Planning Commission.
(2)    The applicant requesting approval of a planned unit development, a special review use, a change in a nonconforming use or rezoning shall submit an application on forms supplied by the Town accompanied by any other required information or information which he or she may desire to submit.  A single application may contain a request for more than one (1) action.  Regardless of how many actions are requested, the application shall be accompanied by an application fee of fifty dollars (.00).  No formal application need be submitted or fee paid for an amendment or addition to the Official Zoning Map initiated by the Town Manager, Town Board or Planning Commission.
(3)    A hearing shall be set before the Planning Commission not sooner than twenty (20) days nor more than forty (40) days after receipt by the Town of a properly completed application form and all other required information.
(4)    Notice of the hearing shall be given as follows:

a.    The applicant shall be advised of the date set for the hearing and shall be responsible to post a sign upon the property affected, easily legible from an abutting street, which briefly describes the requested action and the time and location of the hearing.  Such sign shall be maintained continuously for at least fifteen (15) days before the hearing and until final action is taken by the Town Board.
b.    The applicant shall also cause a notice to be published in a legal newspaper, which describes the action or actions requested and the property affected.  The property shall be described by street address or relationship to a street, other property with an address or other known landmarks and not by a legal description.  It shall not be necessary to publish such a notice if the only action requested is for a variance.
c.    The applicant shall either hand deliver or deposit in the U.S. mail a copy of the above notice addressed to the owner of record of any property located within one hundred (100) feet of the property affected.

(5)    At the hearing scheduled, the applicant and other interested parties may appear and present such evidence and testimony as they may desire.  Anyone presenting evidence or testimony shall be subject to cross-examination by other interested parties, although the Planning Commission may limit testimony, evidence and cross-examination by other interested parties which is merely cumulative.  The Planning Commission shall not be required to follow any set procedure during the hearing or to strictly follow the rules of evidence as applied by the courts.  The chair of the Planning Commission shall make all rulings on admissibility of testimony or evidence.  The hearing shall be tape-recorded or otherwise electronically recorded.  The applicant or other interested party may, if he or she desires, have the hearing recorded by a court reporter, at his or her expense.  The hearing may be continued from time to time as necessary.  The Town Administrator or his or her authorized representative may appear as a party at the hearing.  The burden is upon the applicant in all cases to establish that all applicable criteria for any action are met, including proper notice.
(6)    The Planning Commission shall announce its decision within twenty (20) days of the completion of the hearing.  It shall not be necessary for the Planning Commission to provide written findings or conclusions, except upon the request of the applicant or other party appearing or participating in the hearing.  The decision of the Planning Commission with respect to requests for approval of a variance, special review use or change in a nonconforming use shall be final, subject only to review by certiorari in the courts.  The Town Administrator shall have the right to seek review of any such decision in the courts.  Upon the filing of a request for review in the courts, the Town shall cause a transcript of the tape recording of the hearing to be made and certified to the court, and the party filing such appeal or such review shall pay the Town the reasonable cost incurred in producing such transcript, unless such party has a transcript produced by a court reporter at his or her expense.
(7)    The Planning Commission may approve the requested action only upon finding that all applicable criteria and requirements of these zoning regulations or other Town ordinances have been met.  If it determines that such criteria have not been met, the application shall be denied.  The application may be granted upon conditions or limitations which the Planning Commission determines are necessary in order to ensure that the applicable criteria are met, if the applicant or other necessary parties consent to compliance with such conditions or limitations.  Such conditions or limitations shall be provided to the applicant and interested parties in writing as part of the decision.
(8)    The Planning Commission's decisions shall be submitted to the Town Board as a recommendation.  The Board may, without further hearing, ratify the recommendation or not act if no action is recommended.  However, it shall, upon receipt of a written request filed within five (5) days of the date of the Planning Commission's decision by the applicant, the Town Administrator or a taxpayer or elector of the Town who appeared or participated at the hearing before the Planning Commission, hold a hearing de novo in substantial conformity with the procedure of this Section.  Such hearing may be held in conjunction with the public hearing on a rezoning ordinance on second reading or separately.

(f)    Town Board.  The duties of the Town Board with respect to applications submitted and processed under this Section II are as follows:

(1)    The Town Board shall exercise all final powers and authority concerning the application and enforcement of this Section II as those powers are delegated to it by provisions of the Colorado Revised Statutes, 1973, as amended, and by the specific provisions of this Section II.
(2)    The Town Board shall review, hold hearings, approve, conditionally approve or disapprove all schematic and final plan submissions.
(3)    The Town Board shall supervise the activities of the Town staff as those activities are assigned by this Section II.  (Ord. 480 §1, 2000)

(a)    The Town Board or its authorized representative is hereby empowered and directed to inspect and examine any development, change of use, modification or use of or occupation of any building, structure or land, or the erection, construction, reconstruction, alteration, repair, moving or structural alteration of any building or structure subject to these regulations for the purpose of determining from time to time whether any such use, occupation or activity is in violation of any of the provisions of these regulations or any permit, approval or variance issued or required pursuant to these or other applicable regulations.
(b)    If a violation shall be found to exist, the Town or its authorized representative shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations; provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these regulations; and provided further that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of these or other applicable regulations in any court action instituted seeking full compliance therewith.
(c)    Compliance certification:  Buildings, structures or signs may not be erected, substantially altered, moved or changed in use, and land may not be substantially altered or changed in principal use, without certification by the Town Administrator that such action is in compliance with the applicable zoning and all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law.  Issuance of a building permit and certificate of occupancy may serve as compliance certification.  (Ord. 480 §1, 2000)

(a)    Uses which require a special use permit are those which may be allowed in the zoning district in which they are listed if it can be demonstrated that the use, in the proposed location, is compatible with the District Characteristics, purpose and objectives, dimensional regulations and supplementary regulations for the zoning district in which the use is proposed.  Uses stipulated in this Section II, as requiring a special use permit shall only be allowed with prior approval of such permit by the Town Board as described below.
(b)    Uses listed as special uses for the various zoning districts provided in this Chapter shall be allowed only if the Town Board determines that the following criteria are substantially met with respect to the type of use and its dimensions:

(1)    The use will not be contrary to the public health, safety or welfare.
(2)    The use is not materially adverse to the Town's adopted Comprehensive Plan.
(3)    Streets, pedestrian facilities and bikeways in the area are adequate to handle traffic generated by the use with safety and convenience.
(4)    The use is compatible with existing uses in the area and other allowed uses in the district.
(5)    The use will not have a material adverse effect upon other property values.
(6)    Adequate off-street parking will be provided for the use.
(7)    The location of curb cuts and access to the premises will not create traffic hazards.
(8)    The use will not generate light, noise, odor, vibration or other effects which would unreasonably interfere with the reasonable enjoyment of adjacent property.
(9)    Landscaping of the grounds and the architecture of any buildings will be reasonably compatible with that existing in the neighborhood.

(c)    The burden shall be upon the applicant to prove that these requirements are met.
(d)    Transferable.  Special use permits allow a particular use for which it is granted to operate on the specific property listed in the permit in accordance with approved plans.  A special use permit may be transferred to any other person to operate the same use per the same terms of the permit, upon notification to the Town Administrator, but may not be transferred to any other property or building.
(e)    Duration.  A special use permit shall remain in full force and effect as long as the use for which the permit is granted continues or for the term specified on the permit.
(f)    The duration of a special use permit may be limited to a specific period of time, if necessary, to ensure that the proposed use will meet the purposes of this Section II and for protection of the public health, safety and welfare.
(g)    A special use permit shall automatically terminate without any further action by the Town under the following circumstances:

(1)    The use for which the permit was granted is not established at the approved location within a period of one (1) year from the date the permit is issued.
(2)    The use for which the permit was issued is discontinued for a period of one (1) year or longer.
(3)    The term for which the permit is issued is expired.

(h)    Suspension of permit.  The Town Board may suspend a special use permit upon finding that the use, building or site for which the permit was issued violates any conditions of approval applied at the time the permit was issued, or the use established is substantially different than that which was represented in the application.  (Ord. 480 §1, 2000)

(a)    Purpose of provisions; limitations.  In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Chapter as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted.  A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity.  Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance.
(b)    Application.  Application for a variance shall be made to the Town Administrator and forwarded to the Town Board.  The Town Board, within thirty (30) days of receipt of the application, shall study and review the application and accompanying evidence.
(c)    Property posting.  The applicant for any variance shall post his or her property with a sign notifying the general public of the time and place of a meeting before the Town Board, at which time the property shall be reviewed for a variance.  The sign shall be posted on the property at least ten (10) days prior to the scheduled hearing date, and shall be of a size three (3) feet by four (4) feet above natural grade, with lettering not less than two (2) inches in size.  Said sign shall be placed in a conspicuous location visible from the public rights-of-way.
(d)    Public hearing.  The Town Board shall hold a public hearing on the matter, and notices of such hearing shall be published at the expense of the applicant in a newspaper of general circulation within the Town at least fifteen (15) days prior to the hearing date.
(e)    Application contents.  The application shall be supported by documents, maps, plans and other material containing the following information:

(1)    Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;
(2)    Legal description, street address and other identifying data concerning the site;
(3)    A description of the precise nature of the proposed variance and its operating characteristics, and measures proposed to make the variance compatible with other properties in the vicinity;
(4)    A site plan, showing proposed development of the site, including topography, building or structure locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features;
(5)    Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale and interior plan of all buildings; and
(6)    Such additional materials as the Town Board may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance.

(f)    Approval criteria.  Before acting on a variance application, the Town Board shall consider the following factors with respect to the requested variance:

(1)    The relationship of the requested variance to other existing or potential uses and structures in the vicinity;
(2)    The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Chapter without grant of special privilege;
(3)    The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety;
(4)    Such other factors and criteria as the Town Board deems applicable to the proposed variance; and
(5)    Hardship on the applicant.

(g)    Town Board recess.  The Town Board may recess a hearing on a request for a variance in order to obtain additional information or to serve further notices upon other property owners or persons whom it decides may be interested in the proposed variance.  Upon recessing for this purpose, the Town Board shall announce the time and date when the hearing will be resumed.  The hearing shall be reconvened within a thirty-day period.
(h)    Findings required.  The Town Board shall make the following findings before granting a variance:

(1)    That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district;
(2)    That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;
(3)    That the variance is warranted for one (1) or more of the following reasons:

a.    The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Chapter;
b.    There are exceptional or extraordinary circumstances of conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; and/or
c.    The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district.

(i)    Fees; term.  Variance fees shall be paid at the time of the granting of the variance and prior to its receipt by the applicant.  The fee shall be set forth in the Town Fee Schedule.  The variance shall lapse if construction is not commenced with one (1) year of the date of issuance and diligently pursued to completion.
(j)    Action notice.  The Town Clerk shall notify the applicant for a variance in writing of the Town Board's action within seven (7) days after a decision has been rendered.  (Ord. 480 §1, 2000)

(a)    Generally.  Unless otherwise provided in this Chapter, a prior nonconforming use may be continued in the form and extent existing at the time the ordinance codified in this Chapter was passed; except that such uses may be changed to conformance, or a lesser degree of nonconformance, with the provisions of this Chapter.
(b)    Lots and structures.

(1)    Nonconforming lots of record at the time of the passage of the ordinance codified in this Chapter may be built upon for single-family dwellings or used subject to the development standards of this Chapter.
(2)    No lot conforming in size at the time of passage of the ordinance codified in this Chapter shall be subdivided or reduced in size in such a way that it would be nonconforming.
(3)    Alteration or extension of a nonconforming lot or structure or use.  A prior nonconforming lot or structure may not be repaired, altered or extended if the result is that the degree of nonconformance with the provisions of this Chapter is increased greater than twenty percent (20%) of gross floor area, unless such repair, alteration or extension is required to conform with the requirements of some law or order of a public official.
(4)    Restoration of damaged structure:  A prior nonconforming use which is damaged to an extent less than seventy-five percent (75%) of its value may be restored, provided that the restoration does not result in a degree of nonconformance greater than that existing before the damage.

(c)    Restoration of nonconforming use or structure.

(1)    Except for minor maintenance repairs or emergency repairs or alterations where the safety of persons or property requires immediate action, no prior nonconforming use or structure shall be repaired, altered or extended unless a permit therefor has been obtained from the Town.
(2)    Where restoration of a prior nonconforming use is not begun within six (6) months after the damage has occurred, and pursued with reasonable diligence to completion, such prior nonconforming use shall be deemed abandoned from the time the damage occurred.

(d)    Destruction or abandonment.  Where a prior nonconforming use is damaged to an extent greater than seventy-five percent (75%) of its value, or discontinued for a period of six (6) months, the prior nonconforming use shall be deemed abandoned as of the date of the damage or discontinuance, and lose the status allowing its continuance granted by this Article.  If abandonment occurs, subsequent use of the land or improvements involved may be done only in conformance with the provisions of applicable municipal land use ordinances.
(e)    Uses approved prior to adoption of ordinance.  A use which was approved by the Town Board prior to the passage of the ordinance codified in this Chapter, which is in violation of the terms of this Chapter, may proceed to completion and implementation and be treated as a prior nonconforming use, provided that such completion and implementation are pursued with reasonable diligence, and in any case completed within two (2) years of the date the ordinance codified in this Chapter is adopted.
(f)    Reduction or elimination of certain nonconforming uses.  The Town Board may order termination or change of a prior nonconforming use where it is determined after a public hearing that the termination or change is required in the interests of public health, safety or welfare, and such use is any of the following:

(1)    A junkyard being operated in other than an industrial district;
(2)    A sign;
(3)    Not essential to the economic usefulness of the buildings and other improvements involved, and it can be relocated with reasonable cost;
(4)    If continued in its present form, presents a serious danger to the public health or safety; or
(5)    An order shall be issued pursuant to this Section only after a public hearing of which the parties responsible for the use are given notice.  An order issued under this Section shall only require termination or change forthwith, or within a reasonable period of time, where such delay is found to be just and reasonable in light of the following considerations:

a.    The type and location of the use.
b.    The degree of nonconformance of the use.
c.    The degree of immediacy of the danger to public health and safety raised by the use.
d.    The economic effect on the parties responsible for the use resulting from the ordered termination or change.  (Ord. 480 §1, 2000)

(a)    Application; initiation.  Amendments, supplements, changes or repeal of this Chapter or any Section thereof, or to the official zoning, may be initiated by application of the following:  Any citizen, group of citizens, firm or corporation residing on, owning or leasing property in the Town; the Planning Commission; or the Town Board.
(b)    Application contents.  Application for an amendment to this Chapter shall be made on such a form as the Planning Commission shall prescribe and shall be filed with the Town Clerk.  Applications for an amendment to the Official Zoning Map shall contain all of the following information:

(1)    Description of land area to be rezoned and requested new classification, along with a sketch to scale showing boundaries of the area requested to be rezoned, along with an indication of the existing zoning on all adjacent sides of the area;
(2)    A statement of justification for the rezoning, including one (1) of the following conditions:

a.    Changing area conditions;
b.    Error in original zoning;
c.    Conformance to comprehensive plan for the area;
d.    Peculiar suitability of the site to a specific use; or
e.    Compatibility with the surrounding area.

(3)    Description and sketches, if available, of buildings or uses proposed if rezoning is granted, along with a description of land and building uses within two hundred (200) feet of the boundary of the proposed area of change, in all directions;
(4)    Time schedule for any contemplated new construction or uses;
(5)    Justification for any new business or industrial zoning; and
(6)    Effect that the new zoning would have on adjacent uses.

(c)    Application recommendations.  All applications for changes to this Chapter or map shall be referred by the Town Clerk to the Planning Commission, which shall return a recommendation either recommending for or against the proposed change to the Town Board within fifteen (15) days of receipt thereof.
(d)    Public hearing required.  Before any amendment to this Chapter or the map is enacted, a public hearing shall be held, fifteen (15) days' advanced notice of the time and place of which shall be published in a newspaper having general circulation within the Town.
(e)    Vote margins for changes.  The adoption of any amendment, supplement, change, modification or repeal shall require the favorable vote of a majority of the Town Board.  (Ord. 480 §1, 2000)

(a)    General.  The fees and dedications shall be charged to the applicant for the review of a land use charge or an annexation to the Town, the appeal of an administrative ruling or the request for a variance based upon the Town Fee Schedule.  The fees shall be due and payable upon the filing of the application or per development agreement, and no action of any sort shall be taken by any reviewing official or agency until such fees are paid in full.  However, upon petition to the Town Board, fees may be refunded in whole or in part, at the sole discretion of the Town Board.
(b)    Water rights dedication, plant investment fees:

(1)    There shall be dedicated to the Town water rights sufficient to satisfy the ultimate water demand of commercial or industrial uses as determined by the Town.  Reference Chapter IX of this Code.
(2)    A plant investment fee shall be paid by the developer for each service tap to be connected to the Town's water system.  The amount of the plant investment fee and the time which it is to be paid shall be as determined by the Town's Fee Schedule.  Reference Chapter IX of the this Code.

(c)    Sewer plant investment fees.  A plant investment fee shall be paid by the developer for each service tap to be connected to the Town's sewer system.  The amount of the plant investment fee and the time that it is to be paid shall be as determined by the Town Fee Schedule.  Reference Chapter IX of this Code.
(d)    Public land dedication or fees in lieu of public land dedication.

(1)    New residential developments shall be required to dedicate to the Town (or to a homeowners' association) a portion of the site, which must be devoted to dedicated public land.  The minimum dedication shall be eight percent (8%) of gross acreage in the development.
(2)    All developments shall dedicate land (or payments in lieu thereof) for parks, open space and other public purposes.  Such dedicated public lands shall not include sidewalks, streets or environmentally restricted lands such as floodways.
(3)    New commercial or industrial developments may be required to dedicate a minimum of eight percent (8%) of the gross acreage to be developed to the Town for public purposes.
(4)    Cash payments in lieu of parkland dedications may be accepted at the discretion of the Town Board and upon a demonstration that the cash payment to be made is equivalent to the fair market value of the park land which would normally be required for dedication under this Section.

(e)    School fees.  The applicant shall demonstrate how it adheres to the Intergovernmental Agreement between the Weld County Reorganized School District RE-2 and the Town.  (Ord. 480 §1, 2000)

(a)    Code enforcement.

(1)    Duty of officers generally:  The duty and authority to enforce the provisions of this Chapter are hereby delegated to code enforcement officers appointed by the Police Chief.  Code enforcement officers are specifically empowered and authorized hereby to initiate judicial proceedings in the Municipal Court by issuance of a summons and complaint in the event any of the provisions of the sections of this Code cited herein are, or are reasonably believed by the code enforcement officer to have been, violated.
(2)    Issuance of notice to abate, nuisance or violation:  It is hereby declared the policy of the Town to encourage compliance with all provisions of this Chapter for the purpose of ensuring the protection of the public health, safety and welfare.  Accordingly, notwithstanding any other provisions of this Chapter to the contrary, authority is hereby granted to the code enforcement officers identified in Subsection (a) hereof, upon their detection or discovery of a violation of this Code or any of the sections specified in Subsection (a) hereof, or of the existence of a nuisance within the Town, and in the code enforcement officers' sole discretion, to issue a notice to abate said violation or nuisance to the person responsible.  The discretionary issuance of such a notice to abate shall not constitute a summons and complaint, no civil or criminal liability shall attach as a result of such service, and such discretionary issuance of such notice to abate is not a prerequisite to the issuance of a summons and complaint.
(3)    Failure to abate:  In the event a person served a notice to abate fails to abate the specified violation or nuisance within ten (10) days, unless otherwise specified in the ordinance, from the date the notice to abate is served upon the person so charged, the code enforcement officer may issue a summons and complaint to the person, charging such person with a violation of the applicable code section.
(4)    Interference with officer in conduct of duties:  It shall be unlawful for any person to interfere with a code enforcement officer during conduct of his or her lawful duties; to intentionally place or attempt to place a code enforcement officer in fear of imminent bodily injury by any threat or physical action during the conduct of such code enforcement officer's duties; to threaten the job status of such code enforcement officer with the intent to cause the code enforcement officer to fail to carry out assigned duties or to refrain from issuing a summons and complaint or a notice to abate; or to threaten to confine, restrain or cause bodily contact with or harm to such code enforcement officer from intent to induce such officer to do an act or refrain from doing an act.
(5)    Multiple violations:  Notwithstanding any provision of this Code to the contrary, the code enforcement officers identified in Subsection (a) hereof are authorized to include multiple alleged violations of this Code upon a single notice to abate nuisance or notice of violation permitted by Subsection (b) hereof, and upon a single summons and complaint permitted by Subsections (a) and (b) hereof.
(6)    Criminal actions and penalty:  Whenever an alleged violation of any of the provisions of this Chapter has not been voluntarily abated within the time specified in the notice issued pursuant to this Section:

a.    The Town may bring a criminal action in the Municipal Court to have the violation declared as such by the Court and to have the Court impose sentence pursuant to this Section upon the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue.
b.    The criminal action to declare a violation of this Chapter shall be brought in the name of the People of the State by serving a copy of the summons and complaint upon the alleged violator (hereinafter "defendant") and filing the original with the Court.  Summons, complaint and subpoena shall be served as in criminal actions.  Any employee or agent of the Town who is over the age of eighteen (18) may serve a summons and complaint upon the defendant or a subpoena upon any witness to the violation.  Such criminal action shall be prosecuted pursuant to the Colorado Municipal Court Rules.
c.    Any person convicted of violating any provisions of this Chapter shall be punished by a fine of not more than one thousand dollars (,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.

Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the Town is committed, continued or permitted by any such person.

(b)    Other remedies.  The remedies set forth in this Chapter are cumulative.  In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this Chapter, the Town or any proper Town official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy, to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land.  The initiation of any action or the imposition of penalty hereunder shall not preclude the Town or any proper person from instituting any other appropriate action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder.  (Ord. 420 §1, 1991; Ord. 480 §1, 2000)

(a)    The definitions contained in this Section shall replace and govern over any other definition of the same word or phrase as the same is defined in any other Section in this Section II.  The following words and phrases, when used in this Section II shall have the meanings defined below, for the purposes of this Chapter and when not inconsistent with the context:

(1)    Words used in the present tense include the future.
(2)    Words in the singular include the plural.
(3)    Words in the plural include the singular.
(4)    The masculine includes the feminine.
(5)    The word shall is mandatory.
(6)    The word may is permissive.
(7)    The particular controls the general.
(8)    Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.  Webster's New Collegiate Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing "ordinarily accepted meanings."

(b)    Definitions.

Accessory building.  A building or structure detached from, incidental to, located on the same premises as and functionally dependent upon the principal use.

Accessory use.  A use customarily incidental to and on the same lot as a principal use and occupying less than thirty percent (30%) of the gross floor area of the principal structure and less than fifty percent (50%) of the lot area.

Adjacent property owners.  Those owners of record of property within one hundred fifty (150) feet of the property lines of the subject property.

Agricultural use.  Includes horticulture, floriculture and viticulture and comprises the production of crops, raising of livestock, raising nursery stock or forestry, including incidental preparations for market, storage and delivery but not the sale of retail products.

Alley.  Public way designated for vehicular service access to the rear or side of buildings.

Alteration.  Any act or process that changes one (1) or more of the exterior architectural features of any structure.

Amusements.  An establishment or enterprise for the purpose of amusing or entertaining persons, including by way of example, but not in limitation, museums, bowling alleys, pool halls, arcades, dancehalls, puppet shows, theaters, cinemas, concerts, stage shows, roller and ice skating rinks, sport facilities and recreational facilities, whether such establishments be indoor or outdoor, for profit or not for profit or in conjunction with another use on the premises.  However, amusements shall not include devices for amusement and entertainment, such as jukeboxes, pool tables, coin-operated games, pinball machines or television and radio where such devices are clearly incidental and subordinate to the principal use of the premises.

Automobile, motor home, trailer and farm implement sales.  The sale, lease or rental of new and used motor vehicles, motor homes, trailers or farm implements.

Bed and breakfast.  A building or part thereof other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation, for more than six (6) persons but fewer than ten (10) persons, where no cooking or dining facilities are provided in individual rooms.  Length of stay is less than two (2) weeks.

Building.  Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, but not including advertising sign boards or fences.

Building height.  The height of a building is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable or a pitched or hipped roof.  The reference datum shall be selected by either of the following, whichever yields a greater height of building:

a.    The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.
b.    An elevation of ten (10) feet higher than the lowest grade when the sidewalk of ground surface described in Item 1 is more than ten (10) feet above lowest grade.

The height of a stepped or terraced building is the maximum of any segment of the building.

Camper.  A vehicle, eligible to be registered and insured for highway use, designed to be used as temporary shelter for travel, recreational and vacation purposes, but not for permanent residence.  Includes, but is not limited to, equipment commonly called fifth wheels, independent travel trailers, dependent travel trailers, tent trailers, pickup campers, motor homes and converted buses, but does not include mobile homes.

Campground.  Any plot of improved property utilized for camping and/or parking of camping units for a period not to exceed thirty (30) days.

Club.  Any nonprofit organization exclusively serving members and their guests whose facilities are limited to meeting, eating and recreational uses; and further, whose activities are not conducted principally for monetary gain, other than for single event fund raising activities.

Collector streets.  All streets serving fifty (50) or more dwelling units are collector streets.  Collector streets may also be designated by the Town Board based on anticipated traffic load and traffic patterns.  Collector streets shall be designed to provide a traveled roadway forty (40) feet in width between curbs and a total dedicated street right-of-way sixty (60) feet in width.

Commercial accommodations.  A building or group of buildings containing sleeping rooms designed to be rented for short-term occupancy to the general public for compensation, and which may or may not have eating or drinking facilities as an accessory use.  This includes:  hotel, motel, tourist home, bed and breakfast, boarding house, lodging house and dormitories.

Commercial use.  A use of property which primarily involves the wholesale or retail sale of property or services.

Condominium.  A building or buildings consisting of fee simple estates to individual units of a multi-unit property, together with an undivided fee simple interest in common elements.

Convenience business.  A business occupying not more than one thousand five hundred (1,500) square feet that provides neighborhood-oriented services such as convenience foods, office-related services, beauty parlors, dry cleaners, professional services and studios.

Conventionally built dwelling.  A dwelling constructed element by element at the site, as opposed to one that is prefabricated by "systems," or a mobile home.

Day care home or center.  A facility licensed by the State which is maintained for a whole or part of a day for the care of more than two (2) children under the age of eighteen (18) years not related to the owner, operator or the manager thereof, which facility is operated with or without compensation for such care.

Density.  A unit of measurement indicating the number of dwelling units per acre of land.

Development.  Any change in the actual use of land or improvements thereon, including but not limited to:  the construction of any improvements which require a building permit; a change in the use or intensity of use on the land or in improvements thereon; enlargement, reconstruction or renovation of improvements; demolition of improvements; and mining, dredging, filling, grading, paving, excavation or drilling operations.  Notwithstanding this provision, the following are not development activities:

a.    Any change from one (1) agricultural crop to another;
b.    Normal maintenance and repair of improvements which does not involve a change in use or intensity of use; and
c.    Non-structural interior improvements.

Dwelling.  A building or portion thereof which is used as the private residence or sleeping place of one (1) or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs or hospitals.  In addition, all dwellings shall be constructed as permanent buildings and shall comply with the standards established by the Uniform Building Code as adopted by the Town.

Dwelling unit.  One (1) or more rooms in a dwelling designed for occupancy by one (1) family for living or sleeping purposes and having not more than one (1) kitchen.

Dwelling, multiple-family.  A building containing three (3) or more dwelling units, including apartments, condominium units or townhouses, designed for and used by three (3) or more families, each living as an independent housekeeping unit.

Dwelling, single-family.  A detached building designed for or used as a dwelling exclusively by one (1) family as an independent housekeeping unit.

Dwelling, two-family or duplex.  A detached building containing two (2) dwelling units designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit.

Easement.  Authorization by a property owner for the use by the public, a corporation or persons of any designated part of his or her property for specific purposes.

Family.  An individual; two (2) or more persons related by blood, marriage or adoption; or a group of not more than five (5) individuals not related by blood living together in a dwelling unit.

Floor area.  Floor area shall be the sum of the gross horizontal areas of several floors measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings.  The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, (except equipment [open or enclosed] located on the roof); penthouses; attic space having headroom of seven (7) feet, ten (10) inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses, provided that any space devoted to off-street parking or loading shall not be included in floor area.

Front yard.  A yard extending across the full width of the lot between the front lot line and the nearest point of the building.

Guest unit.  A room or suite of rooms without cooking facilities, suitable for separate occupancy in a motel, hotel, condominium, lodging unit or similar establishment including a single-family or multi-family residence.  If the unit contains a stove plus, either or both, a kitchen or bar sink, it shall be considered as a dwelling unit.

Home-based business.  An incidental use of a dwelling unit for gainful employment of the residents therein, where:

a.    Such use is conducted entirely within a dwelling unit and carried on by the residents thereof and no others;
b.    Such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof;
c.    There is no advertising or other indication of the home-based business on the lot or any structure or vehicle located on or adjacent to the lot, with the exception that one (1) nameplate shall be allowed which may display the name of the occupant and/or the name of the home-based business, where such nameplate does not exceed one (1) square foot in area, shall not be illuminated, and attached flat to the structure or vehicle or visible through a window;
d.    There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such home-based business nor of any highly explosive or combustible materials; and
e.    There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the lot if the home-based business is conducted in a single-family dwelling or outside the dwelling unit if conducted in other than a single-family detached dwelling unit.
Ordinarily, a home-based business shall not be interpreted to include the following:  clinic, hospital, hotels/motels, restaurant, funeral home, vehicle or boat repair, and organized classes where more than six (6) persons meet together for instruction on a regular basis.  (Does not include classes sponsored by a public school).

Impervious surface area.  The area of the lot covered by the following shall be included in impervious surface in all districts:

a.    The principal building;
b.    All accessory buildings, parking garages, carports, utility sheds;
c.    Porches, stairways and elevated walkways, paved areas or areas otherwise covered with materials impervious to water; and
d.    Parking areas and driveways regardless of surface materials.

Industrial use.  A use of property which primarily involves the manufacturing, fabrication, assembly or compounding of materials into a product for wholesale or retail.  This use includes the storage of raw materials.

Junkyard.  A building, structure or parcel of land or portion thereof used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or demolition of vehicles, machinery or other materials, and including the sale of whole or parts thereof.

Kennel.  Any building, structure or open space devoted wholly or partly to the raising, boarding or harboring of three (3) or more animals that are over six (6) months old.

Livestock.  Means cattle, bison, mules, burros, llamas, ostriches, horses, swine, sheep, goats, poultry and rabbits.

Loading area.  An off-street space or berth, on the same lot with the building it serves, for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street, alley or other appropriate means of ingress or egress.

Lot.  Real property as shown with a separate and distinct number or letter on a plat recorded with the Weld County Clerk and Recorder; or when not platted in a recorded subdivision, a parcel of real property abutting upon at least one (1) public street and held under separate ownership.

Lot area.  The horizontal area of a lot exclusive of any area in a street or recorded way open to public use.

Lot depth.  The average distance from the front property line to the rear of the lot, measured perpendicularly from one (1) of the sides.

Lot line, front.  The property line dividing a lot from the street.  The side of the building where the main entrance is located shall be considered the front line.

Lot line, rear.  The line opposite the front lot line.

Lot line, side.  Any lot lines other than the front lot lines or rear lot lines.

Lot width.  The distance parallel to the front lot line measured between side lot lines at the front setback line.

Major alteration.  Physical changes to such extent that the cost of those changes exceeds one-half (½) the replacement cost of the area being altered.

Major streets.  Major streets may be designated by the Town Board based on anticipated traffic load and traffic patterns.  Major streets shall be designed to provide a traveled roadway forty-eight (48) feet in width between curbs and a total dedicated street right-of-way one hundred (100) feet in width.

Manufactured home.  A single-family dwelling which is partially or entirely manufactured in a factory; which is not less than twenty-four (24) feet in width and thirty-six (36) feet in length; which is installed on an engineered permanent foundation; which has brick, wood or cosmetically equivalent siding extending to the ground level; which has a pitched roof; which has the delivery system including wheels, tires, axles and tongue hitch removed; and which is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401 et seq., as amended.

Minor streets.  All streets serving less than fifty (50) dwelling units are minor streets.  Minor streets may also be designated by the Town Board based on anticipated traffic load and traffic patterns.  Minor streets shall be designed to provide a traveled roadway thirty-four (34) feet in width between curbs and a total dedicated street right-of-way sixty (60) feet in width.

Motel or hotel.  A building designed for occupancy as the temporary abiding place for thirty (30) days or less of individuals who are lodged with or without meals and with such building having six (6) or more guest rooms.

Motor home.  A vehicle designed to provide temporary living quarters and which is built into, as an integral part of, or a permanent attachment to, a motor vehicle chassis or van.

Municipal use.  Any use of land or structures by the Town.

Nonconforming use, building or lot.  A building, structure or use of land, or lot which does not conform to the presently applicable regulations of the district or zone in which it is situated.

Open space.  That portion of the site not covered by buildings, parking areas, driveways or other impervious surfaces.  Open space shall be devoted to the purpose of outdoor living spaces for the residents and may include lawn areas, walkways, sitting areas, courtyards and outdoor recreation facilities and landscaped areas.  Recreation buildings, gazebos, private patios or other private open space, tennis courts, swimming pools or other meaningful recreation facilities common to the residents shall be considered as open space.

Owner.  Any person or any other legal entity having legal title to the land sought to be developed or put to other beneficial use under the terms of this Section II.

Parcel.  A lot or series of contiguous lots held in common ownership under a single conveyance.

Parking area or parking lot.  Three (3) or more parking spaces together with internal islands, dividers, walks and landscaping plus vehicular drives that abut those elements but not including other portions of entrance or exit drives.

Parking space.  Space adequate to park a standard automobile, plus means of access, provided that the area's dimensions meet nine (9) feet by eighteen (18) feet as a minimum.

Parking, off-street.  Any parking area located off any public or privately owned street and entirely within the limits of one (1) or more lots.

Parking, on-site.  Parking spaces located on the same site as the land use generating the need for parking.

Person.  The word person shall also include association, firm, co-partnership or corporation.

Planned Unit Development (hereinafter a PUD).  An area of land, controlled by one (1) or more landowners, to be developed under unified control or a unified plan of development for a number of dwelling units, residential, commercial, educational, recreational or industrial uses, or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction of the existing land use regulations.

Poultry.  Any domesticated bird or commercially produced game bird, including but not limited to chickens, turkeys, ducks, geese, pigeons, guineas, partridge and pheasants.

Principal use.  The primary purpose or function that a lot serves or is intended to serve.

Professional offices.  A room or suite of rooms for the practice of any generally recognized profession such as medical practitioners, lawyers, architects, engineers and dentists.

Public building or use.  Any building open to the general use, participation or enjoyment of the public and owned by the Town, County, district, state or federal government, or by a public utility corporation.

Public hearing.  A meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions.

Public utility.  Facilities used for public utility purposes, including but not limited to an electric substation, a gas regulator station, a telephone exchange, a water or sewer pumping station or a water reservoir.

Rear yard.  A yard extending across the full width of the lot between the rear lot line and the nearest point of the building.

Right-of-way.  A strip of land taken or dedicated for use as a public way.  In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features, required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.

Roadside stand.  A temporary structure designed or used for the display or sale of nursery, greenhouse, garden or other produce, provided that the majority of the products have been raised on the premises.

Roof line.  The highest point on any building where an exterior wall encloses usable floor area, including floor area provided for housing mechanical equipment.

Room.  A subdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.

Rooming house or boardinghouse.  A building or part thereof other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation, for more than six (6) persons but fewer than ten (10) persons, where no cooking or dining facilities are provided in individual rooms.  Length of stay is immaterial.

Setback.  The distance required between the face of a building and the lot line opposite that building face, measured perpendicularly to the building.  Where angled buildings or lots, curved streets, etc., exist, the setback shall be taken as an average distance.

Side yard.  A yard extending from the front yard to the rear yard between the side lot line and the nearest point of the building or accessory building attached thereto.

Sign.  A sign is any object, device, display, structure or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, symbols, fixtures, colors, illumination or projected images.  Signs do not include the flag or emblem of any nation, state, city, religious, fraternal or civic organization; merchandise and pictures or modes, products or services incorporated in a window display; or works of art which in no way identify a product or scoreboards located on athletic fields.

Stacking space.  Refers to the space used by vehicles waiting for the service.  Each vehicle stacking space is the same dimension as a parking space.

Storage and utility area.  That portion of a building or lot designed or used, or both, primarily for holding or safekeeping goods or machinery or for the location or installation of mechanical devices to provide, generate or store utility service including heat, water, cooling, electric power, propane gas and natural gas.

Street.  Any public or private thoroughfare which affords a principal means of access to abutting property and including such terms as public right-of-way, highway, road and avenue.

Structural alteration.  Any change in the supporting members of a building, such as bearing walls, columns, beam or girders, foundations, doors and windows.

Structure.  Anything constructed or erected which is located 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 of distribution facilities of public utilities.

a.    The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above the lowest grade.
b.    The height limitations of this Section II shall not apply to cupolas, chimney ventilators, skylights, water tanks or necessary mechanical appurtenances usually installed above the roof level.
c.    The height of a stepped or terraced building is the maximum height of any segment of the building.

Town.  The Town of Eaton, Colorado.

Town Board.  The Town Board of Eaton, Colorado

Town Planning and Zoning Commission.  The Planning and Zoning Commission of Eaton, Colorado.

Travel trailer.  A wheeled vehicle, less than eight (8) feet in width or thirty-two (32) feet in length, excluding the towing gear and bumpers; which is designed to provide temporary living quarters; and which is without motive power and may be or is designed to be drawn over the public highways by a motor vehicle, current use not withstanding.

Trustee.  A member of the Town Board of the Town, also known as the Town Board.

Use.  The purpose for which land or a building is designed, arranged or intended, or the purpose for which land or a building is, or may be, occupied or maintained.

Utility shed.  A structure which shall be used for the sole purpose of storage and shall not exceed the dimensions of ten (10) feet by twelve (12) feet and not exceed ten (10) feet in height.

Yard.  An open space other than an interior court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Section II.

Yard, front.  A yard extending the full width of the lot or parcel, the depth of which is measured in the average horizontal distance between the front lot line and the nearest wall of the principal building; such distance is referred to as the front yard setback.

Yard, rear.  A yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building; such distance is referred to as the rear yard setback.

Yard, side.  A yard extending from the front yard to the rear yard, the width of which is measured in the average horizontal distance between the side lot line and the nearest wall of the principal building.  (Ord. 480 §1, 2000; Ord. 500 §2, 2002)