EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.5

Additional Development Requirements

  2.   The use shall be conducted within an entirely enclosed building.

  3.   All coal shall be stored in closed bins or structures; however, no such bin or structure need have a roof thereon if it has solid dust-proof walls and door is at least seven (7) feet in height and no coal is placed or kept nearer than two (2) feet from the open-ing of the bin or structure.

  4.    Shall be limited to a minimum lot area of two and one-half (2.5) acres for principal auditorium capacities up to, and inclusive of, three hundred (300) seats. For capacities in excess of three hun-dred (300) seats, the minimum lot area shall be four (4) acres. No portion of any principal or accessory building shall be less than fifty (50) feet from any front property lines of any adjoining street. All illumination of the on-site parking facilities shall be located so as to be contained on the premises. Landscaping shall be required as specified within Section 35.12.

  5.    (Paragraph 5 deleted 9/22/88)

  6.   (Paragraph 6 deleted 3/8/90 - Refer to Section 35.13)

  7.   All products offered for sale shall be raised, grown or made on the premises.

  8.   This use shall be exempt from special approval if no permanent buildings are to be erected and if such use is not to remain in excess of fourteen (l4) days.

  9.   All repairing or dismantling of automobiles or other vehicles and storing of parts and accessories shall be conducted within an entirely enclosed building.

10.   The following limitations on individuals shall apply in those zone districts with an asterisk (*) subject to the provisions and limitations of the County and State Depart-ments of Social Services and Health. No use listed under these provisions shall be allowed on an adjacent lot or parcel or on the same street, highway, or lane (except alley) within five hundred (500) linear feet from the property line of another listed use except for those uses that qualify as a "single family dwelling", as the term "family" is defined in the Land Development Code, or within the commercial zone districts.

a. All uses shall provide additional off-street parking area adequate to accommodate all needs created by the use.

b. In residential zones there shall be no exterior advertising other than identification of the use, such sign shall be no larger than two (2) square feet and shall not be illuminated.

c. All uses requiring Special Use approval shall not result in an over-intensive use of land in relation to surrounding residential uses, and commercial com-ponents, such as parking lots and playgrounds, shall be screened and buffered from neighboring residences or uses.

Residential Zones

Principal Permitted Use (Up to) Special Use (Or more) CHILD CARE FACILITIES           Family Care Home           Family Foster 8 (State Maximum) Not Permitted Day Care Home 8 9 - 12 (State Max.) Child Care Center           Large Day Care Center Not Permitted 13 Small Day Care Center Not Permitted 12 Nursery Not Permitted + Day Camp Not Permitted + Center for Developmentally Disabled 8 9 Crisis Center 8 9 Residential Camp Not Permitted 5 Trip Camp Not Permitted 5 Day Treatment Center 8 9 Residential Child Care Facility 8 9 Specialized Group Facility 8 9-12 (State Max.)                ADULT CARE HOMES           Adult Foster Care Home 8 9-15 (State Max.) Personal Care Board Homes 8 9                GROUP HOMES           Mentally Ill 8 9 Developmentally Disabled 8 9-15 (State Max.) Aged 8 9

Child care centers in accordance with the Special Use limitations in asterisk #10 are a Permitted Use in the R-3, C-1, C-2, NBD, PBP, PBC, and M zone districts and also permitted when operated in the same building as a religious institution.

+ = As Limited by State regulations

11.   (Paragraph #11 deleted 1/12/89)

12.   This use shall include those types of facilities that do not qualify as a permitted principal use in this zone. In the RR-1, RR-2, R-T, R, R-l, R-2, a maximum of twelve (l2) children shall be permitted.

13.   All junkyards shall have the area used for said purposes completely surrounded by a solid incombustible fence not less than six (6) feet in height with solid gates for entry.

14.   A Bed and Breakfast Inn shall comply with the following standards:

a.   A resident innkeeper shall reside on the premises.

b.   Meals shall be served to residents and overnight guests only.

c.   The maximum length of stay for overnight guests shall be thirty (30) days.

d.   The character and exterior appearance of the building shall be that of a single-family dwelling.

e.   One (1) sign, not exceeding eight (8) square feet in sign area and four (4) feet in height, shall be allowed. The sign shall be set back a minimum of five (5) feet from any property line and may be indirectly lighted only. If the sign is attached to the dwelling, then the height of the sign may exceed four (4) feet; however, no part of the sign may extend above the wall of the building.

f.   Parking spaces shall be provided as follows: two (2) for the residents of the single-family dwelling, plus one (1) for each two (2) guest rooms. Where one-half (½) space would result due to an uneven number of guest rooms, the number shall be rounded up to the next whole number. The minimum required parking spaces for the guests shall be located to either the side or the rear of the single-family dwelling, and shall be screened from view from the adjacent properties or streets through the use of landscaping and/ or masonry walls or wood fences. The minimum height of the screening material shall be five (5) feet. Parking and maneuvering areas which contain more than five (5) spaces shall be paved, unless the property is two and one-half (2½) acres in size or greater, in which case crushed rock or gravel may be used.

g  . Each guest room or sleeping area shall be provided with a smoke detector. Emergency lighting for exiting shall be installed.

h.   The Inn shall obtain all required licenses.

15.   Retail sales must be conducted within the same building and in conjunction with the Principal Uses permitted in the District. The retail sales shall not occupy more than twenty percent (20%) of the gross floor area of the principal building.

16.     (a)   There shall be a minimum 1,000 foot separation from any other Adult Use.

(b)   There shall be a minimum 500 foot separation between any adult use from any other following zoning districts: R, R-1, R-2, R-3, R-4 (D1, D2, D3, C&T), R-T, RR-1, RR-2, MHP, MHS; from any church, school, park, residence or structure used for residential purposes.

(c)   All minimum distances shall be lineal measurements from the zoning district boundary of the zoning districts noted in (b) above; from property line of church, school, or park to the nearest wall of the building in which adult uses are to occur. In cases of separation between adult uses, the measurement shall be lineal measurements from the nearest building wall to said wall of any other adult use.

17.   The storage of flammable materials with the allowable quantities based on Table 9 A of the Uniform Building Code which are used in conjunction with a Permitted Principal Use or approved Special Use is allowed provided the Development Services Department receives verification that the applicable fire department and the Regional Building Department have been notified and have reviewed the request. Any quantities beyond those listed in Table 9 A require special use approval.

18.   The following limitations shall apply to all outside storage areas:

a.   All outside storage shall be subject to the following:

1)   Outside storage shall be limited to vehicles, materials and equipment used in conjunction and specifically accessory to a permitted principal use conducted on the premises. No inoperable vehicles or equipment shall be stored.

2)   No outside storage areas are permitted on undeveloped parcels.

3)   Where an outside storage area adjoins a residential district, 1) require-ments in accordance with Section 35.12 D., Required Buffer and Screen Areas, shall apply; and 2) no equipment or vehicles shall be allowed to be parked or stored closer than fifty (50) feet from the residential zone district.

4)   Prior to outside storage occurring, a plot plan consistent with Section 37 B. 1. shall be approved by the Development Services Department.

b.   Outside storage shall be subject to one of the following, at the discretion of the applicant:

1)   A minimum six (6) foot opaque privacy fence shall encompass the storage area. No materials shall be stacked higher than the fence. All equipment and vehicles exceeding the height of the fence shall be stored on the rear one-third (1/3) of the property unless when adjacent to a residential zone district, in which case the equipment or vehicles shall be a minimum fifty (50) feet from the zone district.

2)   Landscape requirements of Section 35.12 L.

19.   A document identifying the existence and location of private cemeteries shall be recorded against the effected property. An official survey is not required for this purpose.

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