7. Site Development Standards
SITE DEVELOPMENT STANDARDS
11-7-2: LOT AND BLOCK STANDARDS
11-7-3: FENCE AND VEHICULAR SITE TRIANGLE STANDARDS
11-7-4: OFF-STREET PARKING STANDARDS
11-7-5: PROVISIONS FOR THE REQUIREMENT OF LANDSCAPING
11-7-6: COMMON AREA STANDARDS
11-7-7: SOIL EROSION AND SEDIMENT CONTROL REGULATIONS
11-7-8: MOBILE HOME PARKS
11-7-1: APPLICABILITY: (2534) Any Official Development Plan or Final Plat for the development of any property within any zoning district other than Planned Unit Development shall be in substantial compliance with the standards set forth in this Chapter. For Planned Unit Developments, these standards shall be used as guidelines and may, at the option of the City, be required. These standards are in addition to all other standards, guidelines, policies and City Code requirements otherwise applicable to land use and development within the City. In the case of a conflict between these standards and another standard, guideline, policy or requirement, the more restrictive standard, guideline, policy or requirement shall apply.
11-7-2: LOT AND BLOCK STANDARDS: (2534 3774)
(A) The lengths, widths, and shapes of blocks shall be determined with due regard to:
- Convenient and safe access and circulation including access and circulation, for emergency and service vehicles.
- Applicable regulations regarding lot sizes and dimensions.
- Provision of adequate building sites suitable to the special needs of the type of use contemplated.
- Availability, location, and capacity of utility service and utility system design and capacity.
(B) The width, depth, shape, and orientation of lots shall be designed for the type of use contemplated. As a minimum, all lots shall conform to the following standards:
- No lots shall be platted in areas subject to flooding except in conformance with this Code.
- All lots shall front on a public street or highway or private street with easements guaranteeing public access.
- Depth and width of lots shall be adequate to provide the necessary private service and parking facilities required by the type of use and development contemplated.
- Lots shall be designed to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.
- Corner lots shall generally be adequate in size to compensate for two street frontages and to satisfy vehicular sight triangle standards.
- Wherever possible, side lot lines shall be at right angles to the street line or at right angles to the tangent to the curve of the street line.
- Subdivision lots and streets shall be oriented in a manner to ensure location of structures and landscaping in the most energy efficient manner.
- Residential lots shall not front on or obtain direct access from an arterial street. When driveway access from an arterial street is necessary for several adjoining lots, such lots shall be served by a combined access drive which shall be platted as a permanent access easement.
- When a subdivision abuts or contains an existing or proposed freeway, expressway, or arterial street, a frontage road or a visual screen planting easement may be required as necessary to restrict access.
- No structure shall be constructed nor shall any building permit be issued for a structure on any platted land except where such structure is to be constructed upon a separately designated lot.
Lot lines established by plat shall not be altered by conveyance of a part of such lots, nor shall only a part of any lot be joined with a part of another lot for conveyance or construction unless and until written application and a revised plat has been submitted and approved upon a finding that the general purpose and purport of this Section shall not be weakened by such change.
11-7-3: FENCE AND VEHICULAR SIGHT TRIANGLE STANDARDS: (2534) Fences and vehicular sight triangles shall be in accordance with Section 11-9-5(D) of this Code.
11-7-4: OFF-STREET PARKING STANDARDS: (2534 2678 3084 3774)
(A) DUTY TO PROVIDE AND MAINTAIN OFF-STREET PARKING.
(1) The Council hereby finds, determines and declares that it serves the interest of the public to:
(a) Lessen congestion upon the public streets of the City;
(b) Provide adequate off-street parking that balances parking demand with the need for multiple modes of travel’
(c) Recognize the parking efficiencies gained through mixed-use development and development proximate to rail and bus transit and their impact on parking demand;
(d) Encourage adequate parking for land uses in Westminster without creating excess vacant parking, and
(e) Promote bicycle use by providing safe and convenient bicycle parking through minimum requirements for bicycle parking facility type and amount.
The regulations stated herein are in furtherance of these purposes by requiring the owners and operators of land, structures and uses to provide parking on their own premises and off the public streets for their employees, customers, tenants, clients, patients and other visitors. Nothing in these regulations shall be deemed to deprive such owners or operators of the right to maintain control over all such land devoted to off-street parking space or to make whatever charges to persons making use thereof as they may deem appropriate.
(2) For land, structures or uses actually used, occupied or operated on or before the respective effective date of this section, there shall be provided such off-street parking space as was required for such land, structures or uses by any previous ordinance, or development plan approval, except that, if any previous ordinance or approval required more off-street parking for land, structures or uses than is required under this section, then there need be provided only such off-street parking as is required in this Title. If such land, structures or uses are enlarged, extended, or changed, there shall be provided for the increment only at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use established or placed into operation after the effective date of this section.
(3) For all uses established or placed into operation after the effective date of this section, there shall be provided at least the amount of off-street parking hereinafter set forth.
(4) Bicycle parking facilities shall be provided for any new building constructed, any new use established, any addition or enlargement of an existing building or use, for any change in the occupancy of any building, or change of use conducted. The number of bicycle parking spaces shall comply with the provisions in subsection (E)(2) of this Section. The design and maintenance of bicycle storage facilities shall conform to the standards in subsection (E)(1) of this Section.
(5) Handicapped parking facilities shall be provided for any new building constructed, any new use established, any addition or enlargement of an existing building or use, for any change in the occupancy of any building, or for change of the use conducted. The number of handicapped parking spaces shall comply with the provisions in subsection (D)(2) of this Section. The design and maintenance
of handicapped parking spaces shall conform to the standards set forth in subsection (D)(1) of this Section.
(6) These off-street parking regulations shall apply to all development in Westminster, including those areas included in the Westminster Urban Renewal Plan, as well as other locations with adopted Specific Area Plans. If off-street parking requirements are not included in a Specific Area Plan, the regulations in this section shall control.
(7) The zoning for the property on which the required parking facilities are to be provided must be the same as for the building served.
(8) Separate off street parking space shall be provided for each use; or the parking space required of two (2) or more uses located on the same zone lot may be combined and used jointly; provided, however,
(a) Where off street parking space is combined and used jointly by two (2) or more uses having different standards for determining the amount of off street parking space required, the parking space shall be adequate in area to provide the sum total of off street parking space requirement of all such uses.
(b) Where off street parking space is combined and used jointly by two (2) or more uses having the same standard for determining the amount of off street parking space required, all of such uses, for the purpose of this section, shall be considered a single unit and the gross floor area of all such uses in all structures on the same zone lot or the number of employees of all such uses in all structures on the same zone lot as fixed by the applicable standard, shall be taken as a single total for the purposes of determining the amount of off street parking space required.
(c) Where it can be demonstrated, by an applicable parking study, that combining the parking areas of two (2) or more uses will reduce the need for parking spaces, the Planning Manager may authorize a shared parking agreement thus reducing the total number of spaces required. In no event shall the said reduction be more than twenty percent (20%) of the total that will otherwise be required.
(9) Deferred Parking
(a) To avoid requiring more parking spaces than are actually needed to serve a development, the Planning Manager may defer the provision of a portion of the required parking, if a deferred parking area is created in the Official Development Plan. Said deferred parking area shall be landscaped but shall not be included in the total landscaped area for the purpose of calculating landscaping requirements. The deferred area shall be designed so that if parking is constructed at a future time in the area, it will meet all of the provisions of the commercial design guidelines and landscape regulations.
(b) The developer shall enter into a written agreement with the City committing to the construction of paved parking in the deferred area at such time as the Planning Manager determines, at his/her discretion that additional parking is required. The Planning Manager shall notifiy the property owner in writing that additional parking is required, after which the owner shall complete the improvements within six (6) months of notification.
(B) OFF-STREET VEHICLE PARKING:
1. OFF-STREET PARKING REQUIRED: There shall be required in connection with the development or construction of specified buildings or uses, the minimum offstreet parking spaces listed in subsection
2. below. The concept of shared parking for a number of different uses may be included in the parking requirements of any Preliminary Development Plan or Official Development Plan. If uncertainties arise as to the classification of a building or use, the City Manager or his designee shall assign a reasonable classification.
2. MINIMUM OFF STREET VEHICLE PARKING SPACES:
(i) Single-family detached: Four (4) spaces per unit, with two (2) spaces enclosed in a garage and two (2) spaces in driveway, except that parking for neo-traditional developments may be reduced by the Planning Manager on a case-by-case basis, upon a finding that less parking is needed based upon the design of the development.
(ii) Single-family attached: Two (2) spaces per efficiency, one- (1) bedroom, two-(2) bedroom, and three- (3) bedroom unit; three (3) spaces per four- (4) or more bedroom unit; and one (1) space per three (3) units for guest parking.
(iii) Multiple family: One (1) space per efficiency and one (1) bedroom unit; one and a half (1.5) spaces per two (2) or more bedroom units, plus one (1) space per five (5) units for guest parking.
(iv) Mobile homes: Two (2) spaces per unit, plus one (1) space per unit for guest parking to be located within the mobile home park, and not more than two hundred feet (200’) from unit it is serving.
(v) Senior housing:
(aa) Independent living: One (1) space per unit, plus one (1) space per five (5) units for guest parking.
(bb) Congregate care: Three-fourths (.75) of one (1) space per one (1) unit.
(cc) Assisted living: One (1) space per three (3) patient beds.
(dd) Skilled care: One (1) space per three (3) patient beds.
(1) Dance/night club: One (1) space per three (3) patron seats, plus one (1) space per seventy-five (75) square feet of the gross floor area that does not contain patron seats.
(2) Theaters: One (1) space per three (3) seats.
(1) All types: One and two-tenths (1.2) spaces per unit.
(cc) Stand-alone restaurant/bar:
(1) One (1) space per one hundred (100) square feet gross floor area.
(dd) Service and sales:
(1) All types: One (1) space per three hundred (300) square feet of gross floor area. Shopping centers containing mixed uses (including but not limited to retail, general office, medical/dental office, and non-stand- alone restaurants) shall calculate parking at the rate of one (1) space per three hundred (300) square feet.
(ee) Private recreation facilities:
(1) Fitness centers: One (1) space per one hundred (100) square feet of gross floor area.
(2) Driving ranges: One (1) space per tee box.
(3) Miniature golf: Two and one-half (2.5) spaces per hole.
(4) Golf course: Five (5) spaces per hole.
(5) Bowling alleys: One (1) space per two hundred (200) square feet of gross floor area.
(6) Arcades/pool hall: One (1) space per one hundred eighty (180) square feet of gross floor area.
(a) General office. One (1) space per three hundred (300) square feet of gross floor area. The Planning Manager may require more parking for mixed use flex-space and/or multiple tenant office buildings, upon a finding that the types or mix of uses requires more parking.
(b) Medical/dental office. One (1) space per three hundred (300) square feet of gross floor area.
(c) Office/warehouse. Shall be the sum total of one (1) space per three hundred (300) square feet of gross floor area for office portion plus one (1) space per five hundred (500) square feet of gross floor area for warehouse portion. NOTE: A minimum area equal to sixty percent (60%) of the gross floor area of office space shall be used to calculate the parking requirement.
(d) Wholesale industrial.
(i) All types. One (1) space per one thousand (1,000) square feet of gross floor area.
(i) General care.
(aa) Child care: One (1) space per classroom, plus one (1) space per five (5) persons rated capacity with proper drop-off facility.
(bb) Group home: One (1) space per patient bed.
(cc) Hospital: One and one-quarter (1.25) space per patient bed.
(aa) Pre-school: One (1) space per classroom plus one (1) space per five (5) persons rated capacity with proper drop-off facility.
(bb) Elementary/junior high school: One and three-quarter (1.75) space per class room.
(cc) High schools: One and one-half (1.5) spaces per classroom plus one quarter of one (.25) space per student.
(dd) College/universities: One and one-half (1.5) spaces per classroom, plus one quarter of one (.25) space per student.
(iii) Places of public assembly.
(aa) Churches: One (1) space per three persons rated seating capacity, plus two (2) spaces per classroom.
(bb) Funeral homes: One (1) space per three (3) persons rated seating capacity.
(cc) Lodges: One (1) space per three (3) persons rated seating capacity.
(dd) Community center/auditorium: One (1) space per three (3) persons rated seating capacity.
(C) CONSTRUCTION AND MAINTENANCE STANDARDS.
1. Each off street parking space being at an angle of ninety (90) degrees to the drive aisle shall not be less than nine feet (9') wide, nineteen feet (19') long, and that any cover be at least seven feet (7') high. Angled parking spaces shall be per the typical parking layout standards. (See figure 1 below) Each space shall be surfaced with asphalt or other permanent material; shall be properly graded and drained; shall be provided with surfaced vehicular access to an improved public right of way.
Parking Lot Standards (Figure 1)
A – Parking angle (degrees)
B – Stall Center (FT)
C – Minimum Overall Double Row
With aisle between (FT.)
D – Aisle Width (FT.)
E – Curb Length (FT.)
F – Stall to Curb (FT.)
G – Stall Width (FT)
2. Each off street parking space shall conform with the City Standard Specifications for Design and Construction.
3. All required off street parking spaces and access drives shall be improved with asphalt pavement or an equivalent surface installed in conformance with the "Westminster Standard Specifications for the Construction of Public Works Projects." This requirement shall not apply to City open space properties and parks.
4. All off street parking areas shall be maintained in good condition, free of weeds, dust, trash and debris and major surfacing defects.
5. No parking area shall be used for the storage, sale, repair, dismantling or servicing of any vehicles, equipment, materials, or supplies.
6. All off street parking spaces (excluding single and/or duplex units) shall be outlined by white or yellow stripes not less than four inches (4") wide, painted on the surface area or an alternative judged equally effective by the City Manager or his designee. All non parking spaces such as loading zones, emergency lanes or spaces in front of doorways/entrances, shall be clearly delineated.
7. All parking areas shall be provided with ingress and egress to an improved public right of way so located as to promote safety and minimize traffic congestion; shall be provided with necessary internal circulation drives and aisles, layout of parking spaces consistent with the "Westminster Standard Specifications for the Construction of Public Works Projects." Prior to the issuance of a building permit, the layout of the required parking area (excluding single and duplex units) shall be approved by the City Manager or his designee.
8. All access drives and required parking spaces (excluding single and duplex units) facing and abutting a building, wall, fence, property line or walkway shall be provided with installed curb and gutter. Such devices shall be constructed and installed in conformance with the "Westminster Standard Specifications for the Construction of Public Works Projects."
9. Parking areas (excluding single and duplex units) shall be screened so as to prevent disturbance to adjacent residential development due to the maneuvering of vehicles entering and leaving the parking area. Screening design and materials shall be in conformance with the "Westminster Standard Specifications for the Construction of Public Works Projects" prior to issuance of a building permit.
10. Parking areas (excluding single and duplex units) shall be provided with night lighting for security and safety and adequate visibility for maneuvering to emphasize entrances and exits and hazards. Lighting structures and their location shall conform to the "Westminster Standard Specifications for the Construction of Public Works Projects" and shall be designed so as not to unreasonably disturb occupants of adjacent residential structures.
11. All parking areas shall be designed in conformance with the City of Westminster Landscape Regulations and Commercial Standards.
12. Parking spaces may be designed with a two foot (2’) overhand over landscaped areas and walks, provided that the minimum widths of the affected landscape or walk is increased by two feet (2’).
13. For parking spaces located within a parking structure, the Planning Manager may reduce the dimensions of the parking spaces from the code requirement, provided that an acceptable parking study has been submitted to the City. In no event may a parking space be less than eight feet (8’) wide.
(D) HANDICAPPED PARKING SPACES.
1. Handicapped parking spaces shall be in an amount required by current Federal Regulations.
(E) BICYCLE PARKING.
1. Bicycle Parking Standards.
(a) Bicycle parking facilities shall include provisions for storage and locking of bicycles, either in lockers or secure racks or equivalent installation in which the bicycle frame and at least one wheel may be locked by the user.
(b) The ground surface surrounding and underneath the bicycle storage facility shall be surfaced in a manner which prevents mud or dust.
(c) Bicycle spaces shall consist of racks or lockers anchored so that they cannot be easily removed. Racks shall be designed that at least one wheel and the frame of a bicycle can be locked securely to it with a heavy chain, cable, or padlock. Lockers shall be so designed to minimize the possibility of an unauthorized person removing a bicycle.
(d) Fixed objects which are intended to serve as bicycle racks but not obviously intended for such purposes shall be labeled as available for bicycles.
(e) Bicycle lockers should be harmonious with their environment both in color and design as approved by the City. Parking device designs should be incorporated wherever possible into building design or street furniture. There should be sufficient space between devices so that the use of one does not interfere with the other bicycles or devices. The parking device selected should allow maximum flexibility in grouping and placement.
(f) The City shall have the authority to review and approve bicycle parking devices for design with respect to safety and convenience.
(g) Parking for bicycles shall be provided on the same lot, tract or parcel as the use served.
(h) Bicycle parking areas shall be lighted and located as near to the building or facility entrance as possible, without interfering with pedestrian traffic.
2. Amount of Off street Bicycle Parking Spaces Required. The minimum number of bicycle parking spaces shall be required as follows for all zones except P.U.D.; however, during the development review process, City staff may determine that a greater number of spaces than those listed below are necessary. For P.U.D. zones, the following list shall be used as a guideline:
(a) Multiple Family Dwellings: .25 bicycle parking space for each dwelling unit.
(b) Non Residential Uses: One bicycle parking space per each twenty (20) required automobile parking spaces, with no less than two (2) spaces per premise, with the following exceptions:
(1) Private or Commercial Indoor Recreation Facility: One bicycle parking space for each twelve (12) persons capacity.
(2) Community Facilities Including Public Parks, Libraries, Recreation or Activity Centers: One bicycle parking space per twelve (12) persons capacity.
(3) Drive In Theatres, Auto Service Stations, Automobile Repair and Service: None.
(4) Mortuaries: None.
11-7-5: PROVISIONS FOR THE REQUIREMENT OF LANDSCAPING: (2534 3133)
(A) All properties within the City of Westminster are required to provide landscaping according to the City of Westminster landscape regulations and the Westminster Municipal Code.
(B) Specific regulations pertaining to the landscaping of property as well as the long term maintenance of landscaping is required according to the City of Westminster landscape regulations and the Westminster Municipal Code.
(C) Enforcement pertaining to landscaping shall be as provided by section 1-8-1 of the Westminster Municipal Code.
(D) The property owner, owners or owners association is responsible for the installation and maintenance of landscaping on their property, property held in joint or multiple ownership and adjacent public right-of-way unless determined otherwise by the City.
(E) The property owner, owners, or owners association shall be responsible for the maintenance of landscaping required by and shown on any Official Development Plan(s) and site plan(s) accompanying Official Development Plan waivers.
(F) The owner is required to check with the City to determine the proximity of the development to the City's reclaimed water system. Projects within 300' of the system may be required to tie into the system.
11-7-6: COMMON AREA STANDARDS: (2534)
(A) In residential building groups, the City Council may require that open space and recreational areas for common use be dedicated to the City or to a recreational district approved by the City Council, or that to be retained in private ownership.
(B) For private streets and parking areas, as well as open space and recreational land to be retained in private ownership, the applicant shall show a definite, financially-feasible means of maintaining these facilities and lands for the future.
(C) It shall be unlawful for any person to fail to maintain any private street or parking in common area under his ownership and control in compliance with all of the following standards:
1. Said areas shall not be used for sale, repair, dismantling or servicing of vehicles.
2. Said areas shall be maintained in good condition, free of weeds, dust, trash, and debris.
3. Said areas shall be provided with entrances and exits to public rights of way so as to minimize congestion.
4. The traveled portions of such area shall be kept free of snow and ice and other dangerous material.
5. All trees, hedges, shrubbery, plants, flowers, and other growing things adjacent to public or private sidewalks shall be maintained so that no part of them shall extend over any part of a street in a manner or height that is hazardous or blocks use of sidewalks.
6. Paved portions of such areas shall be maintained in good condition free of all holes or other defects.
7. Such privately owned areas shall not be used in any manner which will constitute a violation of any section of the Municipal Code of the City. In the event that the provisions of the preceding sections hereof are violated, the City Manager may serve either personally or by mail, written notice upon the owner, occupant, or any person having the care and control of said privately held area, to comply with the provisions of this Chapter. Said notice shall be substantially the form set out in Section 9-3-4 of the Municipal Code of the City. If the person upon whom said notice is served fails, neglects, or refuses to correct the violation within five (5) days of receipt of said notice, the City Manager may cause the necessary work to be performed and the actual cost of such work, plus five percent (5%) for inspection and other additional costs in connection with, shall be certified by the Finance Director to the County Treasurer of the county of jurisdiction and such sum shall become a first and prior lien upon the property on which such work was performed, as provided by Title I, Chapter 31 of this Code.
(D) In residential building groups abutting business or industrial districts, fences, walls, or screen plantings shall be provided to shield the residences from illumination, noise, dust, or other harmful external effects of the business or industrial district.
(E) All open spaces and buildings must be reasonably accessible for emergency vehicles.
(F) In residential buildings, walls containing window exposures or entrances shall be oriented to insure adequate light and air exposure, shall be located to minimize exposure to through trafficways, and to preserve privacy between adjacent buildings.
11-7-7: SOIL EROSION AND SEDIMENT CONTROL REGULATIONS: (2534)
(A) Purpose. The purpose of this section is:
1. To regulate nonagricultural soil grading and other soil disturbance activities within the City in a manner that promotes and protects the safety, health, convenience and general welfare of the community; and
2. To make unlawful the unreasonable transportation of fugitive soil by water or air and to require such dust or soil runoff to be remedied.
(B) Regulations and Requirements.
1. No land area within the City shall be graded, stripped, excavated, filled, or otherwise disturbed without first obtaining a land disturbance permit pursuant to the provisions of this section 11-7-7, provided, however, a permit shall not be required for normal soil disturbance activities associated with farming and other agricultural activities.
2. Prior to receiving a land disturbance permit, the City may require the submittal of a soil erosion/dust control plan for the purpose of controlling the effects of soil erosion, dust and stormwater runoff. In addition, the City may require any development project or other proposed construction submitted for approval to include a soil erosion/dust control plan. All soil erosion/dust control plans required pursuant to this section 11-7-7 shall incorporate measures to prevent or reasonably control soil from being exported by air or water from the site to streets, storm sewers and other public utility systems, water courses, and downhill, down-wind or any other nearby properties.
(C) Process and Requirements for Obtaining a Land Disturbance Permit.
1. An applicant for a land disturbance permit may not proceed with grading, vegetation removal, filling, or other land disturbance until the City Engineer has reviewed and approved the applicant's soil erosion/dust control plan and the application for such permit.
2. A land disturbance permit will be required for sites which:
(a) Involve the regrading, import, or export of more than 200 cubic yards of soil; or
(b) Exceed 2 acres in area; or
(c) Possess physical characteristics or features which increase the potential for erosion, such as:
(i) Highly erodable soils with a soil erodability value ("K" in the Universal Soil-Loss Equation) of 0.37 or greater or a Wind Erodability Group (WEG) of 1 or 2.
(ii) Natural drainage channels or swales.
(iii) Unsheltered distances of 500 feet or more.
(iv) Slopes in excess of 8 percent.
3. The application for a land disturbance permit shall include the following:
(a) Property Identification. Location, legal description, and size.
(b) Ownership. Name and address of owner, and/or his agents.
(c) Application Fee. A fee as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6. This fee is non-refundable. (2598)
(d) Erosion Control Plan. Graphic and text description of erosion and sediment control measures for the site on a 24-inch by 36-inch sheet(s) at a scale no greater than 1 inch equals 100 feet, to include:
(i) Site boundary based on a survey.
(ii) Existing topography of the site and topography of the surrounding properties for a distance of 100 feet off-site, using a maximum contour interval of 2 feet.
(iii) Proposed topography using a maximum contour interval of 2 feet.
(iv) Location and description of any proposed steep slopes (2:1, 3:1, etc.), temporary and permanent.
(v) Estimated quantities of excavation and fill material.
(vi) Existing and proposed swales and drainageways.
(vii) Phasing and timing of temporary and permanent erosion control measures.
(viii) Location and description of erosion control measures, along with details for their construction.
(ix) Existing and proposed structure locations.
(x) Time limit for the stockpiling of soil
(xi) Other information or data as may reasonably be required by the City Engineer, such as the results of soils investigations and drainage reports, general notes, etc.
4. The application for a land disturbance permit shall be submitted in its entirety to the City Engineer, allowing at least 10 days for review. Incomplete or otherwise inadequate plans will be returned to the applicant with comments. It is the applicant's responsibility to bring the erosion control plan into compliance and to resubmit the plan. Once the application and plan have been approved for content and general compliance with this section 11-7-7, the land disturbance permit may be issued.
5. Modification of the Erosion Control Plan. The City Engineer may approve, disapprove, or approve with conditions an application to allow a new or modified erosion control technique or plan amendment.
In examining such application, the City Engineer may require reports and data sufficient to render a decision.
6. Indemnification. The applicant shall be insured or bonded in accordance with the City's permit criteria to protect and indemnify the City against liability for contractor non-performance or non-compliance with the approved plans and criteria for a minimum of one year after the disturbed area has been adequately stabilized.
7. Liability. The City shall assume no duty or incur any liability in connection with its review or approval of erosion control plans or association reports or studies.
(D) MINIMUM STANDARDS FOR SOIL EROSION AND SEDIMENT CONTROL. All erosion control plans shall include adequate measures for the temporary and permanent control of erosion. Guidelines for erosion control practices exist in two recommended publications: (1) Best Management Practices Manual for the Control of Erosion and Sedimentation in the Denver Region, Denver Regional Council of Governments; (2) Guide for Erosion and Sediment Control in Urbanizing Areas of Colorado, Soil Conservation Service; and (3) Urban Storm Drainage Criteria Manual, Vol. 3, (Best Management Practices), Urban Drainage and Flood Control District.
The practices recommended therein shall be followed, along with the following minimum standards:
1. Initial Soil Exposure.
(a) Natural vegetation shall be retained and protected wherever possible.
(b) Exposure of soil to erosion by removing or disturbing vegetation shall be limited to the area required for immediate construction operations and for the shortest practical period of time.
(c) Sediment control measures such as sediment basin, traps, or terracing shall be installed before clearing and grading operations begin to retain sediment on site to the extent practical, as determined by the City.
2. Grading and Slope Construction.
(a) No work shall be performed outside the permit area without specific prior written approval.
(b) In no event shall the vegetation or ground cover be destroyed, removed, or disturbed prior to the date established and approved in the erosion control plan.
(c) During grading operations, the property shall be maintained and/or watered to prevent dust erosion. Earthwork operations will not be permitted to continue when fugitive dust significantly impacts adjacent publicways or private property as determined by the City.
(d) Temporary cut and fill slopes shall not be steeper than 2 horizontal to 1 vertical (2:1).
(e) Permanent slopes shall not exceed a steepness of 4 horizontal to 1 vertical (4:1), unless specifically approved in the erosion control plan.
(f) Diversions or other appropriate measures shall be installed at the top of cut or fill slopes to prevent uncontrolled drainage flows on the disturbed slopes.
(g) Temporary vegetation shall be installed in conformance with this Title if the disturbed site is to be left unimproved for 12 months or more.
(h) Topsoil shall be stockpiled to the extent practicable on the site for use on areas to be revegetated. Stockpiled soil shall be located and protected so that it is not transmitted through erosion to downstream properties or drainageways.
(i) Grading will be done in such a manner so as not to divert increased or uncontrolled flows onto adjacent properties or into sanitary or storm sewer systems.
(j) Fills shall not encroach on defined drainageways or existing channels without an approved drainage report which has evaluated said encroachment.
(k) Grading equipment shall not cross or disturb stream channels or improved channels, except by means of approved crossings.
(l) Excavated materials shall not be deposited or stored in designated floodplains or along side rivers or watercourses where the materials can be washed away by high water or storm runoff.
3. Runoff Control.
(a) Sediment transported by runoff water shall be retained on-site through the use of sediment basins, silt traps, or other appropriate measures.
(b) Increased runoff caused by changed soil and surface conditions during and after site earthwork construction shall be accommodated on-site and structurally retarded to reduce sedimentation.
(c) An acceptable temporary means of controlling runoff may be provided with the approval of the City for a period not to exceed 12 months. After a period of 12 months, permanent improvements or an acceptable alternative, approved by the City, shall be in place.
(d) On-site surface runoff shall be disposed of at non-erosive velocities at established drainage locations.
(e) Drainage swales used to divert surface waters shall be vegetated and/or stabilized to control erosion in concentrated flow areas. This treatment shall be based on anticipated velocities.
(E) DENIAL OF PERMIT. An application for a land disturbance permit pursuant to the provisions of section 11-7-7(C) may be denied upon a finding by the City Engineer of any of the following circumstances:
1. The application or the associated soil/erosion/dust control plan does not meet the requirements of this Chapter; or
2. The proposed land disturbance activities would cause unreasonable hazards to the public safety or welfare; or
3. The work as proposed by the applicant:
(a) poses an unacceptable risk of damage to public or private property;
(b) threatens to interfere with any existing drainage course or irrigation ditch; or
(c) is likely to result in the deposition of debris or sediment on a public street, storm drainage or other public utility or into any public or private waterway; or
4. The land area for which grading is proposed is subject to one or more geological or topographical hazards or conditions to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope, instability, or any other such hazard to persons or property; or
5. The land area for which the grading is proposed lies within the designated floodplain of any public or private stream or waterway unless both a floodplain development permit and a land disturbance permit are obtained; or
6. The land area for which grading is proposed is:
(a) part of a pending application before the City for approval of a rezoning, Official Development Plan, or Preliminary Development Plan; or
(b) located within a subdivision that is under current development, or which is reasonably expected to be developed in the course of the build-out of the subdivision and the City Manager determines that the City's approval of a land disturbance permit for the property should be deferred until the final plans for the property are submitted for City review and approval in order to protect the public's interest in providing input concerning the future development of the property in advance of the normal review and approval process.
1. The City Engineer, through periodic inspections, shall be responsible for determining whether the erosion and sediment control work accomplished by the applicant is in conformance with the applicant's approved erosion and sediment control plan.
2. The City Engineer may prohibit further work to be done on the applicant's site if he determines that the work does not comply with the approved erosion control plan. Such work may be stopped until measures in the approved erosion control plan are completed. The City Engineer may require remedial work to be done to protect completed work, prevent damage, or repair damage.
3. Upon receipt of written request by the applicant, the City Engineer shall give the applicant a certificate of completion indicating the date the measures in the approved plan were completed.
(G) NUISANCE DECLARED AND ENFORCEMENT.
1. The City hereby declares that it shall be a nuisance for any property owner to permit an unreasonable amount of dust or soil runoff to be transported from the land of the property owner to any downhill, downwind or any other nearby property, any public or private waterway, or any street, storm drainage or other public utility system. Such nuisance may be abated pursuant to the provisions of Chapter 4 of Title 8 of this Code.
2. In addition to any nuisance abatement action the City may pursue pursuant to Chapter 4 of Title 8 of this Code, the City, through its City Engineer, may order any owner of property from which fugitive soil is being exported in contravention of the provisions of this section 11-7-7 to submit a soil erosion/dust control plan meeting the requirements of this section and satisfactory to the City Engineer within a specified time period. The failure of any property owner to submit such a soil erosion/dust control plan as ordered shall be deemed to constitute a separate violation of the City Code punishable pursuant to the civil penalty provision set forth in section 1-8-1 of this Code.
3. Upon the approval of a soil erosion/dust control plan submitted pursuant to this section 11-7-7(G), any failure by the property owner to implement, install, perform or maintain such soil erosion and sediment control measures in accordance with the approved soil erosion/dust control plan shall also constitute a violation of this Code punishable pursuant to the civil penalty provisions of section 1-8-1 of this Code.
4. Where probable cause exists to believe that a violation of the provisions of this Chapter exists, and the property is unoccupied, appropriate City employees and their consultants may enter such property for the purpose of inspecting and investigating conditions and practices which may be in violation of this ordinance.
11-7-8: MOBILE HOME PARKS: (2534)
(A) DEFINITIONS. For the purposes of this Chapter the following words and phrases shall have the meanings ascribed to them in this Section:
Mobile Home. The term "Mobile Home" shall mean any vehicle used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons within the same family.
Mobile Home Space. The term "Mobile Home Space" shall mean a plot of ground within a mobile home park designated for the accommodation of one mobile home.
Mobile Home Park. The term "Mobile Home Park" shall mean a parcel of land not less than fifteen (15) acres under single ownership which has been planned and approved for the placement of Mobile Homes, occupied for dwelling or sleeping purposes, for transient and nontransient use, sometimes termed a trailer camp.
Independent Mobile Home. The term "Independent Mobile Home" shall mean a mobile home that has a toilet and a bathtub or shower.
Patio. The term "Patio" shall mean a paved area adjacent to the mobile home parking space, and accessible from the main entrance to the parked mobile home.
Permit: The term "Permit" shall mean a written permit issued by the City of Westminster Building Inspector to construct or alter the mobile home park under these rules and regulations.
Permanent Addition. The term "Permanent Addition" shall mean any structural extension from any portion of a mobile home, not including temporary canvas awning and skirting.
Inspector. The term "Inspector" shall mean the Building Inspector of the City of Westminster or his authorized representative.
Street or Highway. The term "Street" or "Highway" shall mean a public thoroughfare which affords principal means of access to abutting property.
Access Road. The term "Access Road" shall mean that area privately owned and maintained and set aside within a mobile home park for an interior road system, providing principal means of ingress to individual mobile home spaces and egress to street.
(B) PERMITS. No person shall alter, install or remove any structural improvement in any mobile home park without first securing a building permit from the Inspector, authorizing such alterations, installation or removal.
(C) APPLICATION. An application for a permit authorizing any structural alteration, installation or removal in a mobile home park, shall set forth the following information, including a plat thereof.
1. The location, area and dimensions of the tract of land to be occupied by the park.
2. The number, location and size of all mobile home spaces.
3. The location and width of roadways and walkways.
4. The location of service buildings, recreation facilities and any other proposed structures.
5. Topography of the proposed park at two foot (2') contour intervals.
6. Fencing, landscaping and screen planting.
7. Lighting of roadways, driveways and pedestrian walks.
8. The location, size and type of water and sewer and gas lines; and traps, vents and risers for water and sewer and gas.
9. The location, plans and specifications for any permanent structure to used as an owner's or caretaker's residence.
10. Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park.
(D) INSPECTION OF MOBILE PARKS. The Inspector shall make periodic inspections of all mobile home parks located within the city and shall enforce compliance with the provisions of this Chapter.
1. Authority. The Inspector shall have the authority to make inspections of mobile home parks, at reasonable times, for the purpose of determining whether this Chapter is being complied with and shall have authority to inspect the register of occupants, required herein.
2. Access. It shall be unlawful for any person to refuse access to a mobile home park to the Inspector for the purpose of inspection.
(E) LOCATION, SPACE AND GENERAL LAYOUT. The mobile home park shall be located on a well drained site and shall be so located that its drainage will not endanger any water supply. All such mobile home parks shall be in areas free from swamps or other potential breeding places for insects or rodents.
1. Area. The area of the mobile home park shall be at less than fifteen (15) acres and large enough to accommodate:
(a) The designated number of mobile home spaces.
(b) Necessary streets and roadways.
(c) Parking areas for motor vehicles; and
(d) Service areas.
2. Mobile Home Space. Each mobile home shall be at least thirty five feet (35;) wide, and shall abut on a driveway or other clear area with unobstructed access to a public street. Such spaces shall be clearly defined, and mobile homes shall be parked in such spaces so that no mobile home will be less than five feet (5') from the side and rear boundaries of the mobile home space, and no mobile home shall be less than ten feet (10') from the exterior boundary of the mobile home park.
No mobile home shall be parked less than twenty five feet (25') from any front property line abutting a street or highway or walkway. Areas between mobile home spaces and public right-of-way not used for roadway purposes shall be grassed and/or landscaped and kept free from weeds, rubbish or trash.
No mobile home shall be allowed to remain in a mobile home park except on a mobile home space as set forth herein is available.
3. Access Roads. Access roads must be graded for drainage, surfaced with concrete or asphaltic concrete, and maintained in good condition, free of weeds, dust, trash, debris and show, all to be done in accordance with City requirements.
Each access road shall be continuous and shall connect with other circulation roads. Minimum width for access roads shall be thirty six feet (36'). Curves on all access roads shall have a minimum inside radius of not less than twenty feet (20'). All such roads shall be kept clear of all obstructions to allow movement of vehicles at any time.
4. Off street Parking. Areas not less than ten feet by twenty five feet (10' x 25') shall be provided for the parking of motor vehicles in addition to each required mobile home space to accommodate at least the number of vehicles equal to the number of mobile home spaces provided. Such parking spaces may be located within the mobile home space to be served but in no case shall be more than two hundred feet (200') from the mobile home space to be served. Such parking areas shall be surfaced as required for access roads.
5. Service Facilities. Every mobile home space shall be provided with a covered vault or building constructed according to City Building Code with a minimum of one hundred ninety two cubic feet (192 cu. ft.) of volume for the storage of personal belongings. This requirement may be met by a building providing a like amount of space for each mobile home space.
6. Not more than ten (10) mobile home spaces shall be provided for each gross acre within the mobile home park.
7. Recreation Facilities. Space shall be provided for recreational facilities in an amount not less than seven hundred square feet (700 sq. ft.) for each mobile home space.
(F) LOCATIONS AND CONSTRUCTION OF SERVICE BUILDINGS. Service buildings shall:
1. Be located fifteen feet (15') or more from any mobile home space.
2. Be of fire resistant construction in conformity with all Codes and ordinances of the City of Westminster.
(G) WATER SUPPLY. The water supply for the mobile home park shall be a system which is owned and operated by a local government authority or a public utility company franchised in the City. The water system shall be connected by pipes to all service buildings and all mobile home spaces. Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of such mobile homes. Such connections for mobile home spaces shall be provided with individual valves below frost depth, not less than eighteen inches (18") and with valve boxes to grade.
(H) SEWAGE DISPOSAL:
1. All plumbing in the mobile home park shall comply with the plumbing Laws and health regulations of the City of Westminster, of the County of Adams, and of the State of Colorado.
Sewage disposal shall be provided by a local government authority or a franchised public utility company.
2. All Facilities Connected. A system for sanitary sewage shall be provided in all mobile home parks and all wastes and sewer lines discharging from buildings and mobile homes shall be connected thereto.
3. Connection. Each mobile home space shall be provided with at least a three inch (3") sewer connection, trapped below frost line, with the inlet of the line to be not less than one inch (1") above the surface of the ground. The sewer connection shall be provided with suitable fittings so that a watertight connection and proper vent can be made between the mobile home drain and the sewer connection. Such mobile home connections shall be so constructed that they can be closed airtight when not linked to a mobile home, and shall be trapped in such a manner as to maintain them in an odor free condition.
(I) REFUSE DISPOSAL:
1. System Required. The storage, collection and disposal of refuse in the park shall be so managed as to avoid health hazards, rodent harborage, insect breeding areas, accident hazards or air pollution.
2. Containers. Refuse shall be stored in fly tight, rodent proof containers, which shall be located within the mobile home park. Such containers shall be provided in sufficient number and capacity to prevent any refuse from overflowing. Garbage shall be deposited in separate watertight containers with tight fitting lids. All receptacles shall be designated as to type of use.
Holders shall be provided for all refuse and garbage containers. Such container holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. No dish or waste water of any kind shall be thrown or discharged upon the ground of any mobile home park.
3. Incinerators. Incinerators for use by individual mobile homes and located on the individual mobile home sites are prohibited. At least one incinerator for the purpose of burning combustible trash shall be provided by the mobile home park operator unless such refuse is collected regularly and no burning is allowed. Such incinerators must be constructed of a size to provide a minimum of one half cubic foot (1/2 cu. ft.) per mobile home up to and including ten (10) mobile homes and one cubic foot (1 cu. ft.) per mobile home space in excess of ten (10) spaces. The incinerators shall be constructed of a fire resistant material, grated not less than twelve inches (12") above the ground, provided with a clean-out space beneath the grate, equipped with an access door and with a vent stack extending at least twelve feet (12') above the ground, capped with a spark arrester of three-fourths inch 3/4") mesh, or less. Incinerators shall be fired only when attended by some person specifically authorized by the owner or operator of the mobile home par.
1. Installation To Each Space. An electrical outlet supplying 240 volts 100 amperes of service shall be provided for each mobile home space. The installation shall comply with all State and Local Electrical Codes and ordinances. Such electrical outlets shall be weatherproof. No power line shall be permitted to lie on the ground or to be suspended less than eighteen feet (18') above the ground.
2. Area Lights. Street and yard lights shall be provided in such number and intensity as to insure safe movement of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings, which shall be kept lighted during the hours of darkness.
(K) FUEL: Natural gas or electricity shall be made available for cooking and heating purposes in all mobile homes within the court. All gas and electrical installations shall be made in accordance with applicable City and State Codes.
(L) FIRE PROTECTION:
1. Littering Prohibited. Mobile home areas shall be kept free of litter, rubbish and other flammable materials.
2. Fire Extinguishers. Hand fire extinguishers of a type approved by the Chief of the Westminster Fire Department shall be maintained in effective working order and located in convenient places in the ratio of one to each eight (8) units or mobile home spaces.
(M) ALTERATIONS & ADDITIONS; RESTRICTIONS OF ANIMAL AND PETS; SIGNS:
1. Conformity. No alterations or additions shall be made to or within any mobile home park unless in conformity to this Chapter. No permanent additions of any kind not including temporary canvas awning and skirting shall be built onto, or become a part of, any mobile home.
2. Wheels Not To Be Removed. The wheels of the mobile home shall not be removed, except temporarily when necessary for repairs. Jacks or stabilizers may be placed under the frame of the mobile home to prevent movement on the springs while the mobile home is parked and occupied.
3. Owner To Control Pets. No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large, or to commit any nuisance within the limits of any mobile home park.
4. Signs. Each mobile home park shall provide a sign at each entrance thereto, to include the name of the park and the street address in letters of a minimum of six inches (6") in height. Each mobile home space shall be numbered uniformly with reflectorized numbers of a minimum height of four inches (4").
1. The owner or operator of any mobile home park shall arrange for the management and supervision of such mobile home park so as to enforce or cause compliance with the provisions of these rules and regulations.
2. The owner, operator, or attendant of every mobile home park shall assume full responsibility for maintaining in good repair and condition all facilities of the mobile home park as required herein.
3. In every mobile home park there shall be a designated office building in which shall be located the office of the person in charge of said park. A copy of all required City and State licenses and permits and of this Chapter shall be posted therein and the park register shall at all times be kept in said office.
4. It shall be the duty of the attendant or person in charge, together with the owner or operator to:
(a) Keep at all times a register of all quests (which shall be open at all times to inspection by State, County and Federal officers and officers of the City of Westminster) showing for all tenants:
(i) Dates of entrance and departure.
(ii) License numbers of all mobile homes and towing vehicles or automobiles.
(iii) States issuing such licenses.
(b) Maintain the park in a clean, orderly and sanitary condition at all times.
(c) See that the provisions of this Chapter are complied with and enforced and report promptly to the proper authorities any violations of Law which may come to his attention.
(d) Report to local health authorities all cases known to the owner to be infected with any communicable disease.
(e) Pay promptly to the City of Westminster the inspection fee as specified in 5-11-4 herein and all license fees required by the City ordinances or any other laws.
(f) Prohibit the use of any mobile home by a greater number of occupants than that which it is designed to accommodate.
1. No mobile home shall be parked or permitted to stand upon any public street or alley in the City of Westminster for longer than a twenty four (24) hour period. If so parked, it shall be parallel with the curb and shall not extend outward into the street a distance in excess of ten feet six inches (10'6") measured at right angles with the curb.
2. No mobile home shall be maintained upon any private or public property in the City of Westminster when the same is used for living purposes unless the property is registered as a mobile home park and is located within an eligible zone district, nor shall any mobile home be stored in any required front or side yard as defined by the Zoning ordinance of the City of Westminster.