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CHAPTER VII - Planning and Zoning Regulations

SECTION I - Planning and Zoning Commission

Sec. 7-1-1. - Planning and Zoning Commissions created. Sec. 7-1-2. - Members of Commission. Sec. 7-1-3. - Qualifications of Commission members. Sec. 7-1-4. - Organization and rules. Sec. 7-1-5. - Staff and finances. Sec. 7-1-6. - Powers of Commissions. Sec. 7-1-7. - Planning Commission; purpose in view. Sec. 7-1-8. - Zoning Commission; purpose in view.

SECTION II - Zoning Ordinance

Article I - General Provisions

Sec. 7-2-1. - Title of provisions. Sec. 7-2-2. - Purpose of provisions. Sec. 7-2-3. - Jurisdiction. Sec. 7-2-4. - Effective date. Sec. 7-2-5. - Relationship to existing zoning, subdivision, design standards and flood damage prevention ordinances. Sec. 7-2-6. - Relationship to Eaton Comprehensive Master Plan. Sec. 7-2-7. - Severability. Sec. 7-2-8. - Application of regulations. Sec. 7-2-9. - Vested rights. Sec. 7-2-10. - Interpretation. Sec. 7-2-11. - Enforcement. Sec. 7-2-12. - ReservedDefinitions.

Article II - District Zoning Districts and Land Use Regulations

Sec. 7-2-13. - Zoning Ddistricts established. Sec. 7-2-14. - Zoning Map adopted. Sec. 7-2-15. - Zoning Ddistrict boundaries. Sec. 7-2-16. - Listing of permitted Land uses by zoning district. Sec. 7-2-17. - R-1 Single-Family Residential District.Supplemental use standards Sec. 7-2-18. - R-2 Lower Density Residential District.Accessory uses and structures Sec. 7-2-19. - R-3 Medium Density Residential District.Temporary uses and structures Sec. 7-2-20. - R-MU Residential Mixed Use District.Medical Marijuana Sec. 7-2-21. - C-1 Neighborhood Commercial District.Nonconforming uses. Sec. 7-2-22. - C-2 Downtown Commercial District.Reserved Sec. 7-2-23. - HC Highway Commercial District.Reserved Sec. 7-2-24. - I-1 Light Industrial District.Reserved Sec. 7-2-25. - I-2 Industrial and Manufacturing District.Reserved Sec. 7-2-26. - A-1 Agricultural District.Reserved

Article III - General Development Standards

Sec. 7-2-27. - Application of general development standards.

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Sec. 7-2-28. - Off-street parking application and administration. Sec. 7-2-29. - Number of off-street parking spaces required. Sec. 7-2-30. - Parking area design. Sec. 7-2-31. - Parking area design standards. Sec. 7-2-32. - Parking lot landscaping. Sec. 7-2-33. - Landscaping requirements. Sec. 7-2-34. - Screening standards; purpose. Article IV - Special Requirements Sec. 7-2-35. - Floodplain management standards. Sec. 7-2-36. - Industrial and commercial pPerformance standards. Sec. 7-2-37. - Temporary uses; designatedBuilding design standards.

Article IV - Administration and Procedures

Sec. 7-2-38. - Administration. Sec. 7-2-39. - InspectionGeneral Requirements. Sec. 7-2-40. - Disconnection of property requirementsAppeals. Sec. 7-2-41. - Vacation of public streets and ways requirementsGeneral Notice and Public Hearing Requirements. Sec. 7-2-42. - Special review uses.Development Application Process Table. Sec. 7-2-43. - Variances.Land Development Code (Text) Amendments. Sec. 7-2-44. - Nonconforming uses.Rezoning. Sec. 7-2-45. - Rezoning procedures and amendments to the Zoning Ordinance.Planned Unit Development. Sec. 7-2-46. - Fees and dedications.Major Subdivision. Sec. 7-2-47. - Violations and penalties.Minor Subdivision. Sec. 7-2-48. - Definitions.Resubdivision, Revision, and Vacation of Plats. Sec. 7-2-49. - Street and Public Easement Vacation. Sec. 7-2-50. - Special Use Permit. Sec. 7-2-51. - Site Development Plan. Sec. 7-2-52. - Floodplain Development Permit. Sec. 7-2-53. - Permit for Temporary Uses and Structures. Sec. 7-2-54. - Public Improvement Agreement. Sec. 7-2-55. - Minor Variance. Sec. 7-2-56. - Major Variance. Sec. 7-2-57. - Floodplain Variance. Sec. 7-2-58. - Written Interpretation. Sec. 7-2-59. - Vested Rights. Sec. 7-2-60. - Signage. Sec. 7-2-61. - Miscellaneous Structure Permit. Sec. 7-2-62. - Revocable Permit. Sec. 7-2-63. - Annexation. Article VI - Prohibitions Sec. 7-2-49. - Medical marijuana.

SECTION III - Planned Unit DevelopmentReserved

Article I - General Provisions Sec. 7-3-1. - Purpose of District.

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Sec. 7-3-2. - Conditions. Sec. 7-3-3. - Standards generally. Sec. 7-3-4. - Relationship to subdivision regulations. Sec. 7-3-5. - Relationship to underlying zoning regulations. Sec. 7-3-6. - Definitions. Sec. 7-3-7. - Evaluation criteria. Article II - Approval Process Sec. 7-3-8. - Preapplication conference with staff. Sec. 7-3-9. - Preapplication meeting with Planning Commission. Sec. 7-3-10. - Schematic plan. Sec. 7-3-11. - Planning Commission review of schematic plan. Sec. 7-3-12. - Planning Commission action on schematic plan. Sec. 7-3-13. - Town Board action on schematic plan. Sec. 7-3-14. - Final development plan. Sec. 7-3-15. - Planning Commission action on final development plan. Sec. 7-3-16. - Review of final development plan by Town Board. Sec. 7-3-17. - Town Board review and action on final development plan. Sec. 7-3-18. - Additional Town Board action on final development plan. Sec. 7-3-19. - Final development plan; effect of approval. Sec. 7-3-20. - Construction permit terms; plan changes. Sec. 7-3-21. - Approval; effective term; extensions. Sec. 7-3-22. - Changes in approved plans. Article III - Special Conditions Sec. 7-3-23. - Ownership and maintenance provisions, Town authorities. Sec. 7-3-24. - Maintenance provisions, Town authorities. Sec. 7-3-25. - Consent of landowners required.

SECTION IV - Subdivision Regulations

Sec. 7-4-1. - Authority. Sec. 7-4-2. - Applicability of regulations. Sec. 7-4-3. - Procedure. Sec. 7-4-4. - Plats and data. Sec. 7-4-5. - Design standards. Sec. 7-4-6. - Required improvements. Sec. 7-4-7. - Dedication and reservation of land. Sec. 7-4-8. - Variances and modifications. Sec. 7-4-9. - Definitions. Sec. 7-4-10. - Penalty. (Repealed by Ord. 420 §1, 1991. See Section 1-3-1 for applicable penalty.) Sec. 7-4-11. - Interpretation.

SECTION V - Flood Damage Prevention

Sec. 7-5-1. - Title and purpose. Sec. 7-5-2. - Definitions. Sec. 7-5-3. - General provisions. Sec. 7-5-4. - Administration. Sec. 7-5-5. - Provisions for flood hazard reduction.

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SECTION VI - Annexation

Sec. 7-6-1. - Purpose. Sec. 7-6-2. - Responsibilities of applicant. Sec. 7-6-3. - Preliminary steps. Sec. 7-6-4. - Annexation impact report. Sec. 7-6-5. - Consideration of annexation ordinance. Sec. 7-6-6. - Final submission.

SECTION VII - Oil and Gas Drilling Regulations

Sec. 7-7-1. - Purpose. Sec. 7-7-2. - Definitions. Sec. 7-7-3. - Requirements and procedures. Sec. 7-7-4. - Site plan application elements. Sec. 7-7-5. - Application review criteria. Sec. 7-7-6. - Notice to proceed. Sec. 7-7-7. - Building permit. Sec. 7-7-8. - Well location and setbacks. Sec. 7-7-9. - Compliance with state environmental requirements. Sec. 7-7-10. - Noise regulation and special mitigation measures. Sec. 7-7-11. - Visual impact/aesthetics regulation and special impact measures. Sec. 7-7-12. - Abandonment and plugging of wells. Sec. 7-7-13. - Seismic operations. Sec. 7-7-14. - Signage. Sec. 7-7-15. - Reclamation. Sec. 7-7-16. - Geologic hazard/floodplain/floodway location restrictions. Sec. 7-7-17. - Access roads. Sec. 7-7-18. - Wildlife impact mitigation. Sec. 7-7-19. - Financial assurance. Sec. 7-7-20. - Violation and enforcement.

SECTION VIII - Vested Property Rights

Sec. 7-8-1. - Intent. Sec. 7-8-2. - Definitions. Sec. 7-8-3. - Notice and hearing. Sec. 7-8-4. - Development agreements. Sec. 7-8-5. - Notice of approval. Sec. 7-8-6. - Approval; effective date; amendments. Sec. 7-8-7. - Payment of costs. Sec. 7-8-8. - Other provisions unaffected. Sec. 7-8-9. - Limitations.

SECTION IX - Impact Fees

Sec. 7-9-1. - Purpose and intent. Sec. 7-9-2. - Definitions. Sec. 7-9-3. - General provisions; applicability. Sec. 7-9-4. - Procedures for imposition, calculation and collection of impact fees.

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Sec. 7-9-5. - Establishment of impact fee accounts; appropriation of impact fee funds; refunds. Sec. 7-9-6. - Appeals. Sec. 7-9-7. - Exemptions; waivers. Sec. 7-9-8. - Development fee adjustment for inflation. Sec. 7-9-9. - Police facilities impact fee. Sec. 7-9-10. - Community park and equipment fee. Sec. 7-9-11. - Municipal facilities and equipment fee. Sec. 7-9-12. - Neighborhood park facilities and equipment fee.

SECTION X - Signs and Outdoor Lighting

Article 1 - Signs

Sec. 7-10-1. - Purpose. Sec. 7-10-2. - Signs permitted. Sec. 7-10-3. - Definitions. Sec. 7-10-4. - Permits and limitations. Sec. 7-10-5. - Signs prohibited in all zoning districts. Sec. 7-10-6. - Certain signs exempt from permit requirements. Sec. 7-10-7. - Nonconforming signs. Sec. 7-10-8. - Special permits; process. Sec. 7-10-9. - Maintenance. Sec. 7-10-10. - Existence of dilapidated or hazardous signs prohibited. Sec. 7-10-11. - Conditions raising presumption that sign is dilapidated or hazardous. Sec. 7-10-12. - Notice of violation. Sec. 7-10-13. - Service of notice and order. Sec. 7-10-14. - Request for hearing. Sec. 7-10-15. - Procedure for hearing. Sec. 7-10-16. - Removal of sign from property. Sec. 7-10-17. - Abatement by Town; collection of costs. Sec. 7-10-18. - Enforcement authority. Sec. 7-10-19. - Right of entry on property. Sec. 7-10-20. - Violation; penalty.

Article 2 - Outdoor Lighting

Sec. 7-10-31. - Purpose. Sec. 7-10-32. - Applicability and exemptions. Sec. 7-10-33. - Creation of traffic hazard prohibited; colored lights restricted. Sec. 7-10-34. - Changing intensity of color prohibited; temporary holiday displays excepted. Sec. 7-10-35. - Lighting levels. Sec. 7-10-36. - General design standards. Sec. 7-10-37. - Height standards for lighting.

SECTION XI - Telecommunications Towers and Antennas

Sec. 7-11-1. - Definitions. Sec. 7-11-2. - Telecommunications facilities. Sec. 7-11-3. - Applicability. Sec. 7-11-4. - General requirements.

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Sec. 7-11-5. - Specific requirements. Sec. 7-11-6. - Applications. Sec. 7-11-7. - Inventory and tracking. Sec. 7-11-8. - Collocation. Sec. 7-11-9. - Separation allowances. Sec. 7-11-10. - Location exceptions. APPENDIX 7 - Zoning Forms

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SECTION I - Planning and Zoning Commission

Sec. 7-1-1. - Planning and Zoning Commissions created.

Pursuant to the authority conferred byin Articles 59 and 60, Chapter 139Section 31-23-201 et seq., of the Colorado Revised Statutes, 1963as amended, there is hereby created a Planning Commission and a Zoning Commission for the Town. The members of the Planning Commission shall also serve, and are hereby appointed as the Zoning Commission.

(Ord. 290 xxx §1, 19692021)

Sec. 7-1-2. - Members of Commission.

The Planning Commission shall consist of five (5) members as follows: one (1) member of the Town Board selected by the Town Board, who shall be an ex officio member of the Commission and shall serve during his or her respective official tenure. The other four (4) members shall be appointed by the Mayor, with the approval of the Town Board. The term of each appointed member shall be three (3) years or until his or her successor takes office, except the respective terms of the members first appointed shall be as follows: one (1) member for a term of one (1) year, two (2) members for terms of two (2) years, and one (1) member for a term of three (3) years. The respective terms of the members first appointed shall be fixed and designated by the Board at the time of appointment.

(Ord. 383, 1985)

Sec. 7-1-3. - Qualifications of Commission members.

All members of the Planning and Zoning Commission shall be bona fide residents in the Town, and if any member ceases to reside in the Town, his or her membership shall immediately terminate. All members of said Commissions shall serve as such without compensation and the appointed members shall hold no other municipal office, except that one (1) such appointed member may be a member of the Zoning Board of Adjustment.

(Ord. 290 §3, 1969)

Sec. 7-1-4. - Organization and rules.

Each The Commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of the chairmen shall be one (1) year, with eligibility for re-election. Each The Commission shall hold at least one (1) regular meeting in each month, and such meetings may be held consecutively on the same date. Each The Commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(Ord. 290 §4, 1969)

Sec. 7-1-5. - Staff and finances.

Each Commission, jointly or severally, may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the Town. Each Commission may also, with the consent of the Board, contract with Town planners, engineers, architects and other consultants for such services as it may require. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Board which shall provide the funds, equipment and accommodations necessary for the Commission's work.

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(Ord. 290 §5, 1969)

Sec. 7-1-56. - Powers of Commissions.

Each The Commission shall have all of the powers and perform each and all of the duties specified by said Chapter 139, Article 59 and 60,Section 31-23-201 et seq. of the Colorado Revised Statutes, 1963as amended, together with any other duties or authority which may hereafter be conferred upon them by the laws of the State of Colorado. The performance of such duties and the exercise of such authority is to be subject to each and all of the limitations expressed in such legislative enactment or enactments.

(Ord. 290 §6, 1969)

Sec. 7-1-67. - Planning Commission; purpose in view.

In the preparation of a master plan, the Planning Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality with due regard to its relations to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.

(Ord. 290 §7, 1969) Sec. 7-1-8. - Zoning Commission; purpose in view.

The Zoning Planning Commission shall prepare its regulations in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulation shall be made with reasonable consideration, among other things, as to the character of the district and its particular suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.

(Ord. 290 §8, 1969)

SECTION II - Zoning Ordinance

Article I - General Provisions

Sec. 7-2-1. - Title of provisions.

The regulations codified in this Chapter VII shall be known and may be cited as the Zoning Ordinance of the “Town of Eaton Zoning Ordinance.”

(Ord. 369, 1982; Ord. 480 xxx §1, 20002021)

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Sec. 7-2-2. - Purpose of provisions.

(a) The ordinance is drawn in accordance with the Eaton Comprehensive Plan and is designed for the purpose of promoting the health, safety, convenience and welfare of the citizens of Town. The purpose of the ordinance is to lessen congestion in the streets, to provide adequate light and air, to encourage the most appropriate use of land, and to conserve the value of property in accordance with the Eaton Comprehensive Plan. The ordinance is also designed to prevent the overcrowding of land, avoid undue population concentrations and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements.

(b) Statutory authority. The Eaton Zoning Ordinance is authorized by Colorado Constitution Article XX and Title 31, Article 23 §301Section 31-23-201 et seq., of the Colorado Revised Statutes, as amended.

(Ord. 480 xxx §1, 20002021)

Sec. 7-2-3. - Jurisdiction.

Provisions of this Section II shall apply to all public and private lands, buildings, structures, and uses within the incorporated limits of the Town.

(Ord. 480 §1, 2000)

Sec. 7-2-4. - Effective date.

A zoning ordinance was originally adopted in 1982, Town of Eaton Ordinance No. 369. A comprehensive revision of this Section II was approved on April 20, 2000, to implement the update of the Town's Comprehensive Plan adopted on May 20, 1999. A subsequent comprehensive revision of this Section II was approved on xxxx xx, 2021, to implement the update of the Town’s Comprehensive Plan adopted on June 11, 2018 and amended on xxxx xx, 2020.

(Ord. 480 xxx §1, 20002021)

Sec. 7-2-5. - Relationship to existing zoning, subdivision, design standards and flood damage prevention ordinances.

To the extent that the provisions of this Section II are the same in substance as the previously adopted provisions that they replace in the Town's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as enactment unless otherwise specifically provided. Any situation that did not constitute a lawful, nonconforming building or site under a previously adopted zoning ordinance does not achieve lawful nonconforming status under this Section II.

(Ord. 480 §1, 2000)

Sec. 7-2-6. - Relationship to Eaton Comprehensive Master Plan.

It is the intent of the Town Board that this Section II implements the planning policies adopted by the Board as reflected in the Comprehensive Plan and other related plans and planning documents. The Town Board reaffirms its commitment that this Section II and any amendment to it are in conformity with the adopted planning policies. The Town hereby expresses its intent that neither this Section II nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 480 §1, 2000)

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Sec. 7-2-7. - Severability.

Should any Section or provision of this Section II be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of Section II as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

(Ord. 480 §1, 2000)

Sec. 7-2-8. - Application of regulations.

(a) Application to developments in process: All applications for development initiated on and after April 20, 2000xxxx xx, 2021, shall be reviewed pursuant to the review process and standards set forth in this Chapter 7, as revised by Ordinance No. 480xxx, and effective on that date. All applications for development submitted for review prior to April 20, 2000xxxx xx, 2021, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of the Zoning Ordinance in force prior to May 18, 2000xxxx xx, 2021, the effective date of Ordinance No. 480xxx.

(b) No building or structure shall be erected and no existing building or structure shall be moved, altered or extended, nor shall any land, building or structure be used for any purpose other than as provided for among the uses hereinafter listed in the district regulations for the zone districtzoning district in which such land, building or structure is located.

(c) No building or structure shall be erected nor shall any existing building or structure be moved, altered or extended, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the dimensional regulations, district development standards and supplementary regulations or other provisions hereinafter provided in the district regulations for the zone districtzoning district regulations for the zone districtzoning district in which such building, structure or open space is located.

(d) No yard, setback or other open space on one (1) lot shall be considered as providing a yard, setback or open space for a building on any other lot for the purpose of complying with the provisions of this Section II.

(e) The general requirements and development standards of this Section II shall apply to uses in the Town as follows: (1) New buildings and uses of land: Additions involving expansion of the gross floor area or

developed site area by twenty percent (20%) or more above that in existence prior to the effective date of this Section II.

(2) A change of use: Prior to issuance of a building permit, special use permit or granting of a change in use, the applicant shall demonstrate that the property will comply with all applicable regulations in this Section II.

(3) All buildings, parking areas, landscaping, signs and other improvements addressed by the development standards in this Section II shall be constructed and installed in accordance with the approved plans prior to issuance of a certificate of occupancy for the building or use.

(a) The Town Administrator may allow certain improvements to be constructed or installed within an agreed-upon time allowing for seasonal changes. Such arrangements may involve performance bonds or other methods as deemed appropriate by the Town Administrator to assure eventual compliance with this Section II.

(b) The Town Administrator may permit a permitted use or temporary use not listed in this Section II, provided that such use is of the same general type as the uses permitted by this Chapter.

(c) Every building shall be located and maintained on a lot as defined in this Section II.

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(d) No parcel of land which has less than the minimum width, depth and area requirements for the zone in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

(e) Each lot or parcel in separate ownership shall have at least twenty-five (25) lineal feet of frontage on a public street. Each principal building devoted wholly or in part to residential use shall be located on a lot contiguous to a public street with permanent access to the public street sufficient to allow ingress and egress for emergency vehicles providing emergency services to the principal building.

(f) No lot area, yard, open space or loading area which is required by this Section II for one (1) use shall be used to meet the required lot area, yard, open space or loading area of another use.

(f)(g) Authority granted to and obligations of the Town Administrator within this Chapter VII shall extend to appointed designees or authorized representatives at the sole discretion of the Town Administrator.

(Ord. 480 xxx §1, 20002021)

Sec. 7-2-9. - Vested rights.

Vested rights procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, and to effectuate local control over creation of vested property rights to the fullest extent permitted under the law.

(Ord. 480 §1, 2000)

Sec. 7-2-10. - Interpretation.

(a) In the application and interpretation of the provisions of this Section II, the provisions of this Section II shall be held to be the minimum requirements. Where regulations for any overlay zoning district or specific regulations of a particular zoning district or general regulations of this Section II differ for a specific condition, the more restrictive shall apply, except as approved and documented within a Planned Unit Development.

(b) Whenever a requirement of this Section II and a requirement of any other law, rule, regulation, standard or ordinance of the Town, State, Federal Government or any other entity having jurisdiction over similar matters, conflict, the more restrictive standard or requirement shall apply.

(c) This Section II is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or with existing provisions of private agreements. Where this Section II imposes a lesser restriction than that imposed by such existing provisions of law, contract, covenant or deed, the existing provisions of such law, contract, covenant or deed shall control.

(d) The Town Administrator or his or her authorized representative shall be charged with the clarification of the intent of all provisions of this Section II.

(Ord. 369, 1982; Ord. 480 §1, 2000)

Sec. 7-2-11. - Enforcement.

(a) It shall be unlawful to erect or construct any building unless the street giving access to the lot or parcel upon which building is proposed to be placed has been dedicated to the Town as a public right-of-way, unless specifically excepted by this Section or other Town ordinances.

(b) No permits shall be issued by any administrative officer of the Town for the construction of any building, or other improvements requiring a permit, upon any building, or other improvements

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requiring a permit, upon any unplatted land, unless and until the requirements thereof have been complied with.

(c) No building or construction permit shall be issued prior to approval of the final plan, unless the property has been specifically exempted from the development process by definition or by official action of the Town Board.

(d) No site development shall be approved by the Town Board unless all delinquent taxes and special assessments thereon have been paid, and unless such property is classified in the appropriate zoning district as defined in this Chapter.

(e) Any person engaging in development, change of use, modification or enlargement of use of any land, building or structure that is subject to these regulations who does not obtain any necessary permits, approvals or variances as required by these regulations, who does not comply with permit, approval or variance requirements, who acts outside the authority of the permit, approval or variance, or who otherwise violates any of the provisions of these regulations, may be enjoined by the Town from engaging in such activity and may be subject to the procedures and penalties described below.

(f) No building or structure shall be erected, moved or structurally altered unless a building permit has been issued by the Town Building Official or his or her authorized representative, as required by the Building Code. All permits issued shall be in conformance with the provisions of these regulations and all other applicable regulations and shall be valid for a period of time not exceeding one (1) year from the date of issue.

(g) No land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner shall have obtained a certificate of occupancy from the Town Building Official. After inspection by the Building Official, and provided that the use shall be in conformance with the provisions of these regulations and all other applicable regulations, a certificate of occupancy shall be issued within three (3) days of the time of notification by the owner that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the Town Building Official and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(h) The Town Administrator or his or her designee is empowered to order in writing the remedy of any violation of any provision of these regulations. After any such order has been served, no work on or use of any building, other structure or tract of land covered by such order shall proceed, except to correct such violation or comply with said order.

(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

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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 as provided in Section 1-3-1. 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.

(7) 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,

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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; Ord. 561 §2, 2014 ) [BT1]

Sec. 7-2-12. - ReservedDefinitions.

(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,

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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.

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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

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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.

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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.

Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution.

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Medical marijuana center means a person licensed to operate a business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver, and which a municipality is authorized to prohibit as a matter of law.

Medical marijuana-infused products manufacturer means a person licensed, pursuant to the Colorado Medical Marijuana Code, to operate a business manufacturing medical marijuana-infused products, and which a municipality is authorized to prohibit as a matter of law.

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.

Optional premises cultivation operation means a person licensed pursuant to the Colorado Medical Marijuana Code to grow and cultivate marijuana for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution, and which a municipality is authorized to prohibit as a matter of law.

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, 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.

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.

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Patient has the meaning set forth in Article XVIII, Section 14(1)(c) of the Colorado Constitution, and as may be further defined by state and local statutory, legislative or case law and regulations.

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.

Primary caregiver has the meaning set forth in Article XVIII, Section 14(1)(f) of the Colorado Constitution, and as may be further defined by state and local statutory, legislative or case law and regulations.

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.

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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.

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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; Ord. 550 §2, 2010)

Article II - District Land Use Regulations

Sec. 7-2-13. - Zoning Ddistricts established.

(a) Districts: To carry out the purpose and provisions of the ordinance codified in this Chapter, the incorporated area of the Town is divided into the following zoning districts: (1) R-1 Single-Family Residential District; (2) R-2 Lower Density Single-Family Residential District; (3) R-3 Medium Density Single-Family Residential District; (4) R-MU Residential Mixed Use; (5) C-1 Neighborhood Commercial District; (6) C-2 Downtown Commercial District; (7) HC Highway Commercial District; (8) I-1 Limited Impact Industrial District; (9) I-2 Industrial and Manufacturing District; and (10) A-1 Agricultural District; and. (11) PUD Planned Unit Development District.

(b) District characteristics: Describes the locational, natural and built characteristics and attributes which shall be used to determine appropriate zoning district classifications for particular land parcels. (c) Purpose and objectives: Describes the desired characteristics, functions and attributes of appropriate uses for the zoning district, carrying out the intent of the Town's Comprehensive Master

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Plan. Appropriate uses shall be located and designed to fulfill the desired purpose and objectives of the zoning district in which they fall. (d) Use regulations: (1) Permitted principal uses: Permitted principal uses are "uses by right," which are permitted anywhere within the particular zoning district in which they are identified. Permitted principal uses require plot plan and building permit approval. (2) Permitted accessory uses: Permitted accessory uses are uses which are customarily incidental to the identified permitted uses and are also permitted, provided that they meet any applicable regulations. Permitted accessory uses require plot plan and building permit approval. (3) Special review uses: Special review uses are uses which may be allowed in the zoning district indicated subject to any applicable regulations, if it can be demonstrated that the location and the site proposed for the use are appropriate, facilitating the use in a manner which supports the purposes of the zoning district and which is compatible with the surrounding area. Additional uses which are not listed, but which are consistent with the purpose and objectives of the zoning district, and are similar in character and level of impacts as the identified permitted and special review uses for the zoning district, may also be permitted subject to special review. Special review uses require the issuance of a special use permit by the Planning Commission and the Town Board. (4) Dimensional requirements: Dimensional requirements are minimum restrictions which apply to the siting and massing of buildings and structures on the lot, from which no variance will be permitted, except as provided under Section 7-2-43, Variances, Section III (Planned Unit Developments) and Section 7-2-44, Nonconforming Uses. (5) District development standards: District development standards are minimum standards that development and uses within a zoning district must meet to obtain plot plan approval.

(b) R-1 Single-Family Residential District (1) District characteristics: The R-1 Zoning District includes single-family detached residential

units that are on Town-provided water and sewer and are within walking distance of community facilities and amenities.

(2) Purpose and objectives: To promote the continuance of single-family neighborhoods by: a. Retaining the historically residential areas as quiet, clean and safe residential

neighborhoods. b. Allowing for limited home-based businesses to help provide homeowners with

additional economic means for maintaining permanent residency. c. Ensuring that new development is consistent and compatible with the character of the

existing residences and neighborhoods. (c) R-2 Lower Density Single-Family Residential District

(1) District characteristics. The R-2 Zoning District is intended for single-family detached residential units and two-family (duplex) residences with a maximum gross density of six (6) units per acre.

(2) Purpose and objectives. To promote the continuance of single-family neighborhoods by: a. Allowing for development that respects the historic platting of the Town. b. Allowing for limited home-based businesses to help provide homeowners with

additional economic means for maintaining permanent residency. c. Ensuring that new development is consistent with character of the existing residences

and the natural environment. (d) R-3 Medium Density Single-Family Residential District

(1) District characteristics. The R-3 Zoning District is intended for higher density residential dwelling units not to exceed fifteen (15) units per acre that are located in close proximity to commercial service centers and public facilities and institutional uses.

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(2) Purpose and objectives. To provide for continued residential development of the Town and provide a wide range of affordable housing opportunities that are compatible with the character and scale of existing neighborhoods by: a. Encouraging growth to occur where land and service capacities can accommodate it. b. Assuring that development is designed with sensitivity to nearby pre-existing

development and to the environmental qualities of the location. c. Allowing development consistent with the Eaton Comprehensive Plan. d. Allowing for limited home-based businesses to help provide homeowners with

additional economic means for maintaining permanent residency. e. Allowing for higher density of housing units within close proximity to schools, churches

and convenience shopping goods. f. Encouraging affordable multi-family units if adequate parking can be provided on site.

(e) R-MU Residential Mixed Use (1) District characteristics. The Residential Mixed Use District shall be located in those areas

contiguous to a C-2 District and must be accessible by arterial or collector streets. (2) Purpose and objectives. The Residential Mixed Use District is intended to provide sites for

combined residential and low impact commercial and service uses and to maintain a residential appearance of such sites by establishing appropriate site development standards. This district allows for higher density residential development in close proximity to commercial activity by: a. Encouraging growth to occur where land and service capacities can accommodate it. b. Ensuring that development is designed with sensitivity to nearby preexisting

development and to the environmental qualities of the location. c. Providing for a broader mix in the type and cost of housing available for all housing

consumers, particularly senior citizens. d. Allowing development that is consistent with the Eaton Comprehensive Plan. e. Allowing for various scales of development in areas where a mix of residential,

commercial and/or institutional uses may be appropriate. f. Providing needed services and amenities for residents and businesses within the Town.

(f) C-1 Neighborhood Commercial District (1) District characteristics. The C-1 Zoning district remains a small zoning district created

between Second and Third Streets that allows limited commercial development to co-exist with residential uses directly adjacent to the commercial core business district of the Town.

(2) Purposes and objectives. To allow small locally owned businesses to occur in close proximity to residential structures and to ensure that commercial uses are operated in such a manner that adverse impacts on surrounding uses and neighborhoods are not created.

(g) C-2 Downtown Commercial District (1) District characteristics. This district is designed to promote and enhance the Town's primary

commercial district for retail, service commercial, recreational, institutional and secondary residential uses.

(2) Purpose and objectives. To promote the development of and to enhance the visual character, scale and vitality of the Town's primary commercial business district by: a. Providing convenient business and other services for resident families and visitors to the

Town; b. Providing a broad mixture of uses within a compact pedestrian-oriented environment; c. Facilitating small business development and vitality; d. Building a clear identity for the historic central core of the Town that is distinct from

other parts of the community.

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(h) HC Highway Commercial District (1) District characteristics. HC Zoning Districts shall be established in those areas which are

highly visible from major roadways and have easy and safe access. This district is oriented to the traveler in the region and includes commercial uses such as gas stations, restaurants and motels.

(2) Purpose and objectives. To encourage a broad range of commercial services for visitors and residents which are conveniently accessible by automobile and which are designed to complement each other in character, scale and proximity by: a. Accommodating retail sales, services and amenities which are oriented to serving a

majority of the needs of residents and visitors and which generate substantial volumes of traffic.

b. Encouraging well-planned, attractive clusters or groupings of development that complement the existing scale of the Town.

c. Encouraging a mix of complementary commercial uses that share ingress and egress and clustered on-site parking, and that are linked by attractive pedestrian corridors and plazas.

(i) I-1 Limited Impact Industrial District (1) District characteristics. The I-1 Zoning District may be established in those areas that are

appropriate for limited industrial uses and contractor trades. This district should be created in areas having access to major streets and a low likelihood of conflict with other uses, as well as a low potential for adverse impacts on the overall visual image of key areas, including entryways into the community.

(2) Purpose and objectives. To accommodate a range of industrial activities that are of limited intensity, such as contractor trades, research and development institutions, warehousing and wholesaling and small-scale production, fabrication, assembly or processing activities, to help provide a diversified employment base for the community by: a. Allowing for light industrial uses and the development of professional trades and

contractor services that may serve and provide jobs for the Town and the surrounding area, in a manner which minimizes adverse impacts on adjacent uses and the community.

b. Limiting uses to those that will not create traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration or industrial waste disposal problems, and whose operating characteristics and appearances will not have adverse visual impacts since all uses within this district shall be conducted indoors.

(j) I-2 Industrial and Manufacturing District (1) District characteristics. I-2 Zoning Districts may be established in those areas that are

appropriate for industrial uses, comply with the Eaton Comprehensive Plan and do not adversely impact adjacent uses in the area. This district should be created in areas having access to major streets and a low likelihood of conflict with other uses, as well as a low potential for adverse impacts on the entryways into the community.

(2) Purpose and objectives. To accommodate a range of industrial activities that cannot be properly screened or operated within enclosed buildings.

(k) A-1 Agricultural District (1) District characteristics. The purpose of the A-1 Zoning District is to allow the continued

current agricultural uses on properties that are annexed to the Town until further development plans and zoning are established. Property may only be initially zoned A-1 within ninety (90) days of annexation. This zoning category shall not be available to properties that are already within the Town limits more than ninety (90) days after

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annexation. The A-1 zoning may continue beyond ninety (90) days until the zoning is changed pursuant to a development plan or request for rezoning.

(l) PUD Planned Unit Development District (1) Planned Unit Developments are intended to facilitate the achievement of the purposes and

objectives of the Zoning Ordinance and the Town's Comprehensive Plan, and to permit the application of new technology and greater freedom of design in land development than may be possible under the application of standard zoning districts. Developments, however, must demonstrate that flexibility from the provisions of the existing zoning will result in higher quality development and when one (1) or more of the following purposes can be achieved: a. To provide necessary commercial, recreational and educational facilities conveniently

located to housing; b. The provision of well located, clean, safe and pleasant industrial sites involving a

minimum impact on transportation facilities; c. The encouragement of innovations in residential, commercial and limited industrial

development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings;

d. The encouragement of a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes;

e. A lessening of the burden of traffic on streets and highways; f. Conservation of the value of the land; and g. Preservation of the site's natural characteristics.

(Ord. 480 §1, 2000)

Sec. 7-2-14. - Zoning Map adopted.

The location and boundaries of the zoning districts established by this Section II are shown upon the Zoning District Map of the Town that is incorporated into this Section II. The Zoning District Map, together with all data shown thereon and all amendments thereto, is by reference made part of this Section II. The Zoning District Map shall be identified by the signature of the Mayor and attested by the Town Clerk and shall bear the seal of the Town and the date of adoption. The Zoning District Map shall be located in the office of the Town Clerk and shall be available for inspection at the Town Hall.

(Ord. 480 §1, 2000)

Sec. 7-2-15. - Zoning Ddistrict boundaries.

(a) District boundaries: Except where otherwise indicated, zoning district boundaries shall follow municipal corporation limits, section lines, lot lines, right-of-way lines or extensions thereof. In property where a zoning district boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimensions, shall be determined by the scale of the Zoning District Map. Where a zoning district boundary coincides with a right-of-way line or right-of-way centerline and said right-of-way line is abandonedvacated, the zoning district boundary shall then follow the centerline of the former right-of-waybe adjusted as needed to ensure that vacated lands match the zoning district of the property to which title vests as determined by Section 43-2-302 et seq., of the Colorado Revised Statutes, as amended. Land not part of a public, railroad, or utility right-of-way, and which is not

27

indicated as being in any zoning district shall be considered to be included in the most restricted adjacent zoning district even when such district is separated from the land in question by a public, railroad, or utility right-of-way.

(b) Boundary clarification: (1) In the event that a zoning district boundary is unclear or is disputed, it shall be the

responsibility of the Town Administrator to determine the intent and actual location of the zoning district boundary.

(2) Any appeal of the determination of the zoning district boundary made by the Town Administrator shall be heard by the Town Board in accordance with the procedures outlined in Article IV.

(c) Amendments to map: Changes in the boundaries of any zoning district shall be made only upon amendment to this Section II per Section 7-2-45 xx and shall promptly be entered on the Zoning District Map with an entry on the map giving the number of the amending ordinance and the date with the signature of the Mayor, attested by the signature of the Town Clerk.

(d) Minimum size of new districts; (1) R-1 Single-Family Residential District = 45,000 sq. ft. (2) R-2 Lower Density Residential District = 37,500 sq. ft. (3) R-3 Medium Density Residential District = 30,000 sq. ft. (4) R-MU Residential Mixed Use = 30,000 sq. ft. (5) C-1 Neighborhood Commercial Zone District = no minimum. (6) C-2 Downtown Commercial District = 50,000 sq. ft. (7) HC Highway Commercial District = no minimum. (8) I-1 Light Industrial District = 30,000 sq. ft. (9) I-2 Industrial and Manufacturing District = 30,000 sq. ft. (10) A-1 Agriculture District = no minimum. (Ord. 480 §1, 2000)

Sec. 7-2-16. - Listing of permitted usesLand uses by zoning district.

(a) No use shall be allowed in any zoning district unless it is enumerated as an allowed principal use or accessory use in the particular zoning district. Designations in lists of uses shall be determined as follows. Permitted principal uses are uses by right and are permitted anywhere within the zoning districts indicated. Permitted principal uses require a site development plan and building permit approval. Uses indicated as accessory uses are permitted only if they meet specific criteria contained in this Section II and can demonstrate that they are clearly accessory to the principal use. A special review use may be allowed in the district indicated if it can be demonstrated that the location and the site proposed for the use is appropriate and facilitates the use in a manner which supports the purposes of the zoning district and is compatible with adjacent properties and uses. Special review uses require the issuance of a special use permit after public hearings have taken place before the Planning Commission and the Town Board. Uses not listed as permitted principal or permitted accessory uses require determination by the Town Administrator. The Town Administrator will determine if a principal use or permitted use not listed in Sections 7-2-17—7-2-26 is similar in character and impact to those listed. If it is determined by the Town Administrator to be a substantially different use, then it will be considered a special review use. Decisions of the Town Administrator may be appealed to the Town Board.

(Ord. 480 §1, 2000)

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(b) Land Use Table

P = Use Permitted by Right, S = Special Use (SUP), [BLANK] = Not Permitted

Use Categories Land Use

R-1

R-2

R-3

R-M

U

C-1

C-2

HC

I-1

I-2

A-1

Supplemental Use Standards

Agricultural Uses

Agriculture P

Greenhouse P

Agricultural Equipment Sales, Rental, & Repair

P

Commercial Feed Yard

P

Garden Shop P P P P P

Commercial Greenhouse or Nursery

P P

Tack/Livestock Feed Store

P P P P

Residential Uses

Manufactured Home

Single Family Detached

P P P P P

Duplex P P P P

Single Family Attached

P P P P

Multifamily P P P P

Group Home S S S S

Group Residential Facility

Commercial Uses

Animal Animal Shelter P

Kennel

Veterinary Clinic or Hospital

S

Vehicle

Automobile, RV, Boat, Motorcycle, & Agricultural Equipment Sales, Service & Repair

P P P P

Automobile supply and service stations

P P P P

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Use Categories Land Use

R-1

R-2

R-3

R-M

U

C-1

C-2

HC

I-1

I-2

A-1

Supplemental Use Standards

Fueling Station, with or without Retail Store

P P P P

Parking Lot P P P

Recreational Vehicle and Boat Storage

S P

Vehicle Washes P P P

Event, Conference, or Convention Center

S

General Amusement Entertainment Facility

P

Firing Range, Indoor

P

Firing Range, Outdoor

S

Membership Clubs, Public or Private

P P P

Raceway S

Riding Academy S P

Theater S P

Food & Beverage Bakery S P P P

Bar or Lounge S P P

Liquor Store S P P P

Restaurant or Other Eating Facilities

S P P P

Restaurant or Other Eating Facilities with Drive-Thru

P P

Lodging Bed & Breakfast P P P P

Hotel or Motel P P P

Resort Lodge, Guest Ranch, or Resort Cabin

S P

Office Office with Outside Storage

P P

Office without Outside Storage

P P P P

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Use Categories Land Use

R-1

R-2

R-3

R-M

U

C-1

C-2

HC

I-1

I-2

A-1

Supplemental Use Standards

Studio P P P

Retail & Wholesale

Home Repair Store

P P P

Retail Store P P P P

Shopping Center P P

Upholstery Supply and Repair Store

P P P

Wholesale S P

Services

Banks, Savings & Loans, Credit Unions, Financial Institutions with or without Drive-In Facilities

P P P

Mortuary or Funeral Home

P

Personal Services P P P P

Manufacturing & Industrial Uses

Extraction Oil & Gas Facility, Minor

S

Oil & Gas Facility, Major

S

Food and Beverage Production and Storage

Food Locker P P

Processing, Bottling, and Distribution

P P

Manufacturing Manufacturing, Light

P P

Manufacturing, Heavy

P

Printing and Publishing

P P

Other Crematory, Stand Alone

P

Junkyard P

Machine Shop P P

Research & Development

Scientific Research Facility

P P

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Use Categories Land Use

R-1

R-2

R-3

R-M

U

C-1

C-2

HC

I-1

I-2

A-1

Supplemental Use Standards

Storage & Distribution

Chemical Storage, Transfer, and Disposal

S

Commercial Grain Storage

S

Mini Storage P

Storage and Distribution

S P

Hazardous Materials

S

Warehouse P P

Transportation Truck Terminal and Loading Area

P

Telecommunication

Antenna Support Structure, Non-Commercial (not to exceed 40 feet)

S S S P

Antenna Support Structure, Non-Commercial 40 feet to 120 feet)

S S S P

Antenna Support Structure, Non-Commercial (over 120 feet)

S S S P

Antenna Support Structure, Commercial

P

Building Mounted Communication Equipment

P

Radio, Television, and Telephone Transmitting Station

P

Utilities Solar or Wind Farm

P

Utilities, Overhead

S S P S P

Utility Service Facility, Major

P

Utility Service Facility, Minor

S S P S P

Wind Generator P

Public, Civic, & Institutional Uses

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Use Categories Land Use

R-1

R-2

R-3

R-M

U

C-1

C-2

HC

I-1

I-2

A-1

Supplemental Use Standards

Education Day Care Center, 5 or more children

P P

Day Care Center, fewer than 5 children

P P P

Schools, Colleges or Universities

S S S P P P

Schools, Public or Private

S S S P P P

Institutional Correctional Facility

P

Cultural Facility S S P P P

Place of Assembly (religious or secular)

S S S P P

Public Service Cemetery S S

Fire Station S S S P P

Hospital S

Library S S P S P

Law Enforcement Office

S S S S P P

Post Office S S S S P P

Public Safety Training Facility

S S S S P P

Community activity building

S S P S P

Recycle or Trash Transfer Facility

P P

Septage Application

P P

Solid Waste Disposal Facility

P P

On-Site Wastewater Treatment System (Septic)