CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 31
SPECIAL USES

Section 11-31-1. Special Uses -- General.

(a)

General Procedures. The procedures, requirements, and criteria provided for permitted uses in Sections 11-30-1 and 11-30-2 shall also apply to special uses, except as otherwise provided in this Article.

[Source: Ord. 657, 1982]

(b)

Application Fees. All special uses shall be subject to the application fee and annual permit fee provided by Section 11-45-5 unless a different application fee or permit fee is provided by ordinance.

[Source: Ord. 1092, 1993]

(c)

Cancellation of Permits. The Commission shall have the power to cancel permits for violation of any regulations of the City of Northglenn or conditions imposed by the Commission. The Commission shall cause written notice to be served on the Permittee at the address contained in the permit, setting forth a clear and concise allegation of the violation and directing the Permittee to appear at a time certain before the Commission not less than 10 days nor more than 30 days after the date of service of notice. The Commission shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power, on good cause being shown, to cancel or revoke the permit theretofore issued to the Permittee, to require corrective measures to be taken, or to direct the City or its agents to enter onto the premises and to take the corrective measures required by the Commission, the cost to be assessed against the Permittee and his sureties.

[Source: Ord. 179, 1973]

(d)

Annual Renewal. Special use permits shall be renewed annually. Application for renewal shall be made to the Director of Community Development not less than 45 days prior to expiration of the permit. The Director of Community Development is authorized to approve permit renewal provided that no change in permit conditions is requested and no complaints regarding the permit have been received in the previous year.

If change of conditions is requested or complaints have been received, the renewal request shall be referred to the Planning Commission at their next regularly scheduled meeting. The Commission may approve or deny any requested change of conditions; renew or decline to renew any permit because of complaints received; or schedule a public hearing to receive public testimony regarding complaints or change of conditions. Such a hearing shall be conducted in accordance with the procedures set forth in Article 41 of this Zoning Ordinance.

[Source: Ord. 1092, 1993]

Section 11-31-2. Special Uses Approval by Commission. The Commission is authorized to approve or deny requests for special use permits for the special uses provided in Sections 11-31-3 to 11-31-8, which are by way of example and not by way of limitation, and to determine conditions and requirements for their operation in the zone districts herein specified.

[Source: Ord. 179, 1973]

Section 11-31-3. Special Uses in Residential Zones. The following special uses may be allowed in all residential zones:

(a)

Home occupations that could not be conducted as a use-by-right in accordance with the limitations of Section 11-9-2(b)(69).

(b)

Group quarters, other than group homes for the elderly or developmentally disabled, subject to the following conditions:

(1)

A permit to operate group quarters may be issued for a period not to exceed one year.

(2)

Persons being kept in group quarters shall not be bedfast or suffering from any communicable disease.

(3)

Group quarters shall be licensed by the State of Colorado.

(4)

No separate kitchen shall be installed for any person being kept in group quarters.

[Source: Ord. 712, 1983]

(c)

Day care centers, subject to the following conditions:

(1)

A special use permit to operate a day care center for the care of seven (7) or more children may be granted or renewed for a period of not more than one (1) year; provided, however, a special use permit shall not be required for a state licensed family child care home or day care home that cares for the number of children allowed by the rules regulating family child care homes promulgated by the Colorado Department of Human Services, as now in effect or hereafter amended.

[Source: Ord. 1244, 1999]

(2)

A day care center in a residence shall be operated by a permanent resident of the home.

(3)

There shall be provided not less than twenty-five (25) square feet of floor area and fifty (50) square feet of defined outdoor play area per child. The outdoor play area shall be fenced.

(4)

Such permit may be conditioned upon compliance with the minimum standards and regulations of the State Department of Social Services and any higher or different standards and requirements provided by ordinance.

(5)

In granting such permit, the Commission may impose such further and additional conditions as may be deemed necessary or desirable in the interest of public health, safety, and welfare.

(d)

The storage of antique cars or racing cars by residents of the City, or the storage of a junk car owned by a member of the armed forces on active duty, subject to the conditions, requirements, and permit fees provided in Article 46 of this Ordinance.

(e)

Group homes for the developmentally disabled licensed by the State, subject to the following conditions:

(1)

"Developmentally disabled" in this Section means those persons having cerebral palsy, multiple sclerosis, mental retardation, autism, and epilepsy.

(2)

The home must be licensed by the State of Colorado as a group home for the exclusive use of not more than eight (8) developmentally disabled persons and appropriate staff and must comply with all State requirements.

(3)

The home must comply with height, setbacks, area and lot coverage restrictions, of the particular zoning district, and all applicable building and safety codes.

(4)

The architectural design of the home shall be consistent with the character of the surrounding neighborhood in the particular zoning district.

(5)

Any treatment activities or rendering of services must be conducted in a manner substantially consistent with the activities otherwise permitted in the particular zoning district.

(6)

The specific location of the home within the particular zoning district must provide for the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.

(7)

The specific location of the home within the particular zoning district must provide for the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.

(f)

Group homes for the elderly, subject to the following conditions:

(1)

A special use permit to operate a group home for the elderly of eight (8) or less persons shall be granted to a particular location and shall be valid for the period of time that location is maintained as a group home for the elderly;

(2)

The home must be owner-occupied or a non-profit group home; and

(3)

The owner-occupant need not be sixty (60) years of age or older.

[Source: Ord. 179, 1973; 712, 1983; 1024, 1991; 1244, 1999; 1653, 2013]

Section 11-31-4. Special Uses in Mobile Home Zones. All special uses as set forth for residential zones in Section 11-31-3, subject to the same requirements as stated therefor.

[Source: Ord. 179, 1973]

Section 11-31-5. Special Uses in Agricultural Zones.

(a)

Group quarters, preschools and nursery schools, and class instruction, subject to the same requirements as set forth in Section 11-31-3 for residential zones as stated therefor. Storage of vehicles as provided in Section 11-31-3(e) subject to the conditions, requirements, and permit fees provided in Article 46 of this Ordinance.

(b)

Sand and gravel pits, mineral extraction, rock crushers, concrete and asphalt mixing plants, and other operations for the preparation of minerals, subject to the following conditions:

(1)

Application:

(A)

Plan. When an application for this special use is filed, the applicant shall provide a plan showing the land which will be excavated and a plan providing for rehabilitation of the excavated area. These plans, which shall be prepared by an engineer registered in the State of Colorado, shall show the contours of the land on at least five-foot contour intervals and any improvements thereon and to a distance of 300 feet in all directions from the subject property.

(B)

Rock crushers, mineral processing plants, and concrete and asphalt mixing plants may be allowed. However, the Commission may set out additional conditions under which these operations may be allowed, and these conditions may vary by location because of abutting land and other factors.

(2)

Operation Standards:

(A)

No excavation or processing shall be permitted nearer than 10 feet to the boundary of any adjacent property, easement, or irrigation ditch or right-of-way or nearer than 125 feet to any existing residence unless the owner or owners of such adjacent property consent in writing to a lesser distance and the Commission approves such lesser distance. The Commission may set a greater distance.

(B)

The operator of such use shall maintain haulage roads within the premises covered by the permit in a reasonable dust-free condition. The Commission shall specify the conditions in each instance to effect this requirement.

(C)

The hours of operation, unless otherwise specified, shall be from 6:00 a.m. to 10:00 p.m., unless a national emergency arises or special permission is granted by the Commission.

(D)

All excavations shall be conducted in such a manner as to provide a water-bearing stratum for any existing ground water unless the rehabilitation plan provides for a permanent lake.

(E)

In no event shall a slope of less than two feet horizontal to one foot vertical be left when operations are completed.

(F)

In all pits, whether known as dry pits or wet pits, the floor of the pit shall be graded in a reasonably smooth condition so that excavated areas will not collect or permit stagnant water to remain therein; however, where the rehabilitation plan for the subject property, as approved by the Commission, provides for a permanent lake, this requirement shall not apply.

(G)

Prior to starting excavation, the operator shall fence the gravel pit operation in accordance with the requirements set forth in Article 34. The operator shall have the following alternatives:

(i)

To fence the entire area covered by the permit immediately; or

(ii)

To fence the area to be excavated initially and move the fencing back as operations continue. The excavated area shall remain fenced unless removal of all or any part thereof is authorized by the Commission; or

(iii)

To fence as may be required by the Commission in special circumstances.

(3)

Permit Requirements.

(A)

Permit Fee. An annual permit fee of $300 shall be paid.

(B)

Insurance. The operator shall furnish evidence that he is insured to the extent of not less than $100,000 against liability for any negligent act or omission by the operator from the operation or maintenance of the extraction and production and all activities connected with or incidental thereto.

(C)

Bond. The operator shall post a bond in the form prescribed by the Commission in a sum equal to the number of acres covered by the permit multiplied by $500 to insure full compliance with all of the terms and conditions of the permit and the regulations of the Commission pertaining to the extraction and/or processing. The minimum amount of such bond shall be $2,500 and the maximum amount $25,000.

(D)

Time of Permit. All permits shall be in full force for a period of five years from date of issuance thereof unless a shorter time is set by the Commission.

(4)

Rehabilitation. The parties to the permit for extraction are responsible for the eventual rehabilitation of the worked-out area in accordance with the rehabilitation plan.

(A)

Dry Pit Rehabilitation. After excavation has been completed in a dry pit, the operator shall spread evenly over the bottom of the excavation the excess waste materials. He shall then spread evenly the topsoil to a minimum depth of 18 inches unless he produces clear and convincing evidence that the land excavated has less than 18 inches of topsoil prior to commencement of operations. The topsoil shall be spread so as to produce a new surface for the purpose of growing crops, trees, shrubs, and other flora. The dry pit may be backfilled with clean fill. For excavations backfilled and rehabilitated, the following requirements shall be met:

(i)

The graded or backfilled area shall not permit stagnant water to collect or remain therein.

(ii)

The condition of the area after rehabilitation shall be in accordance with the rehabilitation plan.

(B)

Wet Pit Rehabilitation. A wet pit may be filled in accordance with the conditions set forth for dry pit rehabilitation, or may be converted into a lake for recreational or scenic purposes. The following conditions apply to rehabilitation of set pits into lakes:

(i)

All banks shall be sloped to the water line at a slope which shall not be steeper than two feet horizontal to one foot vertical.

(ii)

All banks shall be stabilized unless otherwise called for on the approved rehabilitation plan.

(iii)

Stabilization shall be accomplished by surfacing with soil of a quality at least equal to the topsoil of land areas immediately surrounding.

(iv)

Such topsoil shall be planted with trees, shrubs, legumes, or grasses on the parts of such area where re-vegetation is possible unless otherwise specified in the rehabilitation plan.

[Source: Ord. 179, 1973]

Section 11-31-6. Special Uses in Commercial Zones.

(a)

Sand and gravel pits, mineral extraction, rock crushers, concrete and asphalt mixing plants, and other operations for the preparation of minerals, subject to the same requirements, procedures, fees, etc., as set forth for agricultural zones in Section 11-31-5(b) as stated therefor.

(b)

RESERVED.

[Source: Ord. 507, 1978]

Section 11-31-7. Special Uses in Industrial Zones.

(a)

Sand and gravel pits, mineral extraction, rock crushers, concrete and asphalt mixing plants, and other operations for the preparation of minerals, subject to the same requirements, procedures, fees, etc., as set forth for agricultural zones in Section 11-31-5(b) as stated therefore.

(b)

Riding academies and stables subject to the following conditions:

(1)

A permit to operate a riding academy or stable may be issued for a period not to exceed five years.

(2)

Such use shall be situated on not less than ten acres of ground.

(3)

Not more than one animal shall be kept per 10,890 square feet of ground on which the riding academy or stable is situated.

(4)

If the area of the riding academy or stable is reduced below ten acres, the special use shall immediately terminate.

(c)

Kennels, pet Shops, and small animal hospitals which include the use of outdoor facilities.

[Source: Ord. 1374, 2004]

Section 11-31-8. Special Uses in Open Zones. Riding academies and stables subject to the same requirements as set forth for industrial zones in Section 11-31-7(b) as stated therefor.

[Source: Ord. 179, 1973]

Section 11-31-9. Unlawful Acts.

(a)

It shall be unlawful for any person to violate any of the provisions of this Article.

(b)

It shall be unlawful for any person to use land, building or structure for any purpose for which a special use permit is required by any of the provisions of this Chapter without first obtaining such permit.

(c)

It shall be unlawful for any person, while any special use permit is cancelled, suspended or revoked, to use any land, building or structure for any purpose for which a special use permit is required by the provisions of this Chapter.

[Source: Ord. 355, 1975]

Section 11-31-10. Reserved.

[Source: Ord. 1130, 1995]