EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35
General Recultions

Section 35.1
Accessory Buildings and Uses

1.   Subject to further elaboration in this Section 35.1, an accessory building and/or use is any building or other structure and/or any use which is customary and subordinate in purpose to the principal building or principal use located on the same lot or parcel.

2.   Accessory buildings or structures and related uses include, but are not limited to:

a.   Residential:

1)   Detached private parking garage or carport; 2) Storage shed; 3) Gazebo; 4) Deck (attached or detached, covered or uncovered); 5) Swimming pool, hot tub, tennis court or similar private recreational facility; 6) Private greenhouse; 7) Fence, wall and hedge*; and 8) Structures subject to sub-section F. below.

b.   Business/Industrial:

1)   On-site parking garage or lot that provides required parking for a building or business/industrial use;

2)   On-premise signs;

3)   Totally enclosed facilities for storing merchandise or materials needed for business/industrial use;

4)   Fence, wall and hedge*;

5)   Structures subject to sub-section F. below; and 6) Any accessory building, structure or related use expressly designated as accessory in a business or industrial zone district established under these Zoning Regulations.

c.   Agricultural:

1)   Farming, ranching and dairy vehicle, equipment and material;

2)   Domesticated livestock and pet (see sub-section C. below);

3)   Any residential accessory building, structure, or use; and

4)   Outside storage incidental to and necessary for uses permitted on the property (but not junk yards);

5)   Fence, wall or hedge*.

3.   An accessory use shall not include any principal or secondary permitted use or use subject to special review listed in any zone district. Such uses shall be allowed only as specified in the applicable zone district and/or by procedures and standards otherwise provided in these Zoning Regulations.

*  On corner lots or parcels, an opaque fence, wall or hedge shall not exceed thirty (30) inches in height within the sight visibility triangle, as defined by the El Paso County Department of Transportation.

B.   GENERAL PROVISIONS

1.   Unless otherwise indicated within these Zoning Regulations, accessory buildings and/or uses shall conform to the Development Requirements specified in the zone district in which such building or use is located.

2.   Unless a Variance of Use is approved, any building, structure or use that does not qualify as an accessory building or use under this Section 35.1 and that is not identified as a principal permitted use or approved as a use subject to special review in the applicable zone district, will be regarded as a violation and subject to zoning enforcement.

3.   The interpretation or application by the Development Services Director or designee of the definitions or other requirements or restrictions of this Section 35.1 may be subject to appeal in accordance with Section 1. M. of these Zoning Regulations.

C.   ANIMALS

1.   Keeping pets shall be considered to be an accessory use in all zone districts, subject to restrictions contained in this sub-section C.

2.   Keeping on any property more than four (4) dogs and/or cats of over four (4) months of age shall be regarded as a kennel and subject to regula-tion as provided in these Zoning regulations.

3.   Horses are allowed in any zone district where private or commercial stables are permitted as a primary or secondary use, subject to any restrictions specified in the zone district.

4.   Domesticated livestock is allowed in any agricultural zone, as permitted by use in heavy industrial zone districts, and wherever hobby farms are permitted.

5.   Any other domesticated animal kept as a pet (i.e., for pleasure rather than utility, sale or food) may be allowed on residential property, provided:

a.   No more than two (2) of any such animals (other than fish, small reptiles or amphibians, small rodents or small birds kept in the dwelling) are located on any property;

b.   The animal does not exceed one hundred (100) pounds in weight;

c.   The animal is thoroughly secured on the property;

d.   The animal produces no sounds or smell that may be reasonably regarded as offensive;

e.   The animal is not exotic, wild or ordinarily considered dangerous; and

f.   The animal is properly maintained to remain healthy and to prevent the accumulation of wastes.

6.   The keeping of animals not qualifying in any of the above categories shall not be permitted unless the appropriate zoning approval is obtained, as provided in these Zoning Regulations.

D.   OUTDOOR (OUTSIDE) STORAGE

Outdoor storage is an accessory use in the PHID (Planned Heavy Industrial) District and M (Industrial) District, subject to any restrictions specified therein. Outdoor storage may be an accessory use in other industrial or commercial zone districts if expressly recognized in these zone districts and subject to such restrictions and requirements specified therein. In no case are junk yards or solid waste landfills regarded as outdoor storage.

E.   VEHICLES

1.   No motorized vehicle which is inoperable or unlicensed or has been junked, dismantled or wrecked, shall be kept or stored outdoors upon any property used for residential purposes, except as provided in this sub-section E. This prohibition shall include all vehicle parts and inoperable or unlicensed trailers or campers.

2.   If said vehicle(s) is a "collector's item," as defined by Colorado Revised Statutes §§42-15-101 et seq., up to two (2) such vehicles may be maintained outdoors upon a residential property.

a.   To qualify as a "collector's item," a vehicle must be at least twenty-five (25) years old or recognized by the Executive Director of the State Department of Revenue as being antique or having unique interest or historic value or be a "parts car" as defined under the Act. The vehicle must be titled and registered as required under C.R.S. §42-15-102. The property owner bears the burden of proving the qualification of a vehicle as a "collector's item."

b.   Outdoor storage areas for such vehicles must be maintained in such a manner that they do not constitute a health, safety or fire hazard and are effectively screened from ordinary public view by means of a solid fence, berm, trees or shrubbery. Tarp covering is not sufficient by itself. Such storage areas shall be kept free of weeds, trash, and other objectionable items.

3.    With the exception of property zoned A-35 (Agricultural) District, motorized vehicles owned by and for the sole use of persons residing upon the property may be repaired only within a totally enclosed building. No painting or welding of vehicles is allowed. This provision shall not be interpreted to permit the conduct upon residential property of an auto repair garage or repair of vehicles to be sold.

4.    Except for temporary storage in an authorized area for automobile and trailer sales, auto repair garage, gasoline filling station or similar repair or short-term vehicle storage facility or for long-term storage in an authorized area for junk yards or vehicle salvage yards, no motorized vehicle which is inoperable or unlicensed, or has been junked, dismantled or wrecked, shall be kept or stored outdoors upon any business or industrial zoned property. Any such vehicle stored on a property in excess of six (6) months will be presumed not to be "temporary storage" and will be subject to zoning enforcement.

5.    The provisions of this sub-section E. do not apply to any vehicle and/or equipment which is not generally driven on public roads and is used in conjunction with the operation of a farm, ranch or dairy within those zone districts that permit such operations.

F.   ANTENNAS, RADIO FACILITIES, AND SATELLITE DISHES

Television Reception Antennas, Citizens' Band (C.B.) Radio Facilities, Amateur Radio Facilities (Attached Antenna) And Satellite Dishes constructed onto or attached to the principal structure on the property are considered to be accessory structures which must satisfy all location and bulk restrictions of the pertinent zone districts, while the height of such devices shall be restricted to 1.5 times the total height limitation of the pertinent zone district. By being "attached" to the principal structure, the facility must be located within five (5) feet of and attached to the principal structure.

In the event that the construction of any of the aforementioned accessory structures will exceed the prescribed height limitation a Use Subject to Special Review application in accordance with Sections 4, 35.8 and 35.11 B. shall be submitted and approved prior to the construction of said structure.

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