§ 4.3.1. Agricultural uses.

A.

Farm. Any parcel of land containing at least three acres used primarily for the commercial, soil-dependent cultivation of an agricultural crop, the facilities and storage necessary for the management of a commercial custom farming operation or the hauling of farm products, the raising of fish, bees, plants or animals or the raising of livestock including horse breeding farms. This does not include feed yards, poultry farms, exotic animal farms or fur farms.

B.

Sod farm or nursery. Any parcel of land containing at least three acres used to raise lawn grasses, trees, flowers, shrubs and other plants for sale or transplanting where retail sales are limited to items produced on the site.

1.

A single-family dwelling occupied by the owner of the sod farm, tree farm or nursery is allowed as an accessory building.

C.

Tree farm. Any parcel of land used to raise and harvest trees for wood products such as lumber, posts and poles, fuel wood and Christmas trees where forest products are sold on-site or transported to market and such parcel is included in a forest management plan approved by the Colorado State Forest Service or other state certified forestry consultant. Clearcutting of more than 40 acres on a parcel in any 12-month period requires approval through the special review process unless such clearcutting is specifically in conformance with the forest management plan approved by the Colorado State Forest Service or other state certified forestry consultant for the parcel being clearcut.

D.

Garden supply center. A facility for the sale of garden tools, equipment and supplies operated in conjunction with a nursery and/or tree farm and that includes the sale of plant materials.

E.

Commercial poultry farm. A facility for raising or keeping any type of fowl for the sale of the birds or their byproducts.

1.

A nonconforming poultry farm may include a farmstead as described in subsection 4.3.10 (accessory uses).

2.

New poultry farms established after the effective date of this Code require approval through the special review process. Accessory dwellings must be included on the site plan submitted with the special review application.

F.

Feedyard. A confined enclosure for the feeding and fattening of livestock where the average number of livestock exceeds ten animals per acre of feedyard and where less than 50 percent of the roughage type feed is raised on the same farm premises.

1.

A nonconforming feedyard may include a farmstead as described in subsection 4.3.10 (accessory uses).

2.

Feedyards established after the effective date of this code require approval through the special review process. Accessory dwellings must be included or the site plan submitted with the special review application.

G.

Equestrian operation. A facility or place used for horse boarding (including equestrian pasture boarding) and/or equestrian activities for a fee, and/or for an exchange of goods or services. Activities associated with an equestrian operation may include but are not limited to: on or off-site advertisement of the operation, a website describing services available from the operation, and/or incorporating or filing taxes as a business. Uses specifically excluded from equestrian operations are horse rescue, and horse breeding farms.

1.

Equestrian operations are allowed by public site plan review, minor special review and special review as detailed in the formula and chart below:

Criteria	Number		Factor		Sub-total
Maximum number of horses boarded or kept for training (at any time)		X	1.0	=
Maximum number of weekly equestrian trainee visits in excess of 15		X	0.5	=
Points associated with the size of the property the business occupies*		X	1.0	=
**Total Points

 

*Size of the Property	Points
Less than 5 acres	10
At least 5 acres but less than 10 acres	8
At least 10 acres but less than 35 acres	5
35 acres or more	0
For each additional 35 acres subtract 2 points	-2

 

**Total Points	Use allowed as follows:
Accessory Horse Keeping- Some equestrian uses may be Accessory Horse Keeping and are not considered to be Equestrian Operations in this chart. Please see Section 4.3.10.K of this code.
25.0 or less	Public Site Plan Review and approval required unless total number of horses resident on the property exceed 1 per ½ acre.
25.5 - 35.0	Minor Special Review and approval required.
35.5 or more	Special Review and approval required.

 

2.

The following standards apply to all equestrian operations:

a.

If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required.

b.

A single-family dwelling is allowed as an accessory building.

c.

Best management practices. Equestrian operations shall utilize appropriate best management practices to address potential environmental and compatibility impacts of their operation. Applicants shall prepare a resource stewardship plan that outlines the best management practices to be implemented for the following issues or topics, as applicable: management of water quality, storm water, soil erosion, manure, dust, pasture vegetation, pests, wildlife, and weeds.

d.

Outdoor storage of horse trailers is allowed as part of an approved equestrian operation.

1.

Only those trailers that are for use by owners of the property, people associated with the operation, and/or boarded horses may be stored. General trailer storage is not allowed.

2.

No more than one trailer per horse residing on the property is allowed.

3.

All horse trailers shall be currently licensed and operable.

3.

The following additional standards apply to equestrian operations subject to public site plan review:

a.

Noise, fumes, dust, odors, vibration or light generated as a result of the equestrian operation will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

b.

The routine hours of operation open to the public are limited to the hours between 6:00 a.m. and 10.00 p.m.

c.

Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250 feet of a neighboring residence.

H.

Livestock auction. A permanent facility where livestock are offered for sale to people who bid on animals.

I.

Apiary. An assembly of one or more colonies of bees at a single location. An apiary must meet the following standards:

1.

Hives. All bee colonies shall be kept in removable frame hives, which shall be kept in sound and usable condition.

2.

Water. Each beekeeper must ensure that a convenient source of water is available at all times to the bees.

3.

General maintenance. There shall be no outdoor storage of any beekeeping or hive materials that are not being used as part of a hive.

4.

Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, it shall be the duty of the beekeeper to requeen the colony.

5.

Colony densities.

a.

No more than the following number of colonies may be kept on any lot, based upon the size or configuration of the lot on which the apiary is situated:

1.

On lots of 15,000 square feet or less — four colonies are allowed.

2.

On lots of more than 15,000 square feet — two additional colonies are allowed for each 7,500 square feet in excess of 15,000 square feet.

b.

For each two colonies allowed under the colony densities, subsection (a) above, there may be maintained upon the same lot eight temporary nucleus colonies. The hive structure shall not exceed one standard nine and five-eighths inch depth ten frame hive body with no honey super(s) attached as required from time to time for management of swarms and for rearing of queens. Each such temporary nucleus colony must be disposed of or combined with an authorized colony within 30 days after the date it is acquired.

c.

An apiary consisting of more than 75 colonies must maintain a distance of at least 200 feet from any property line.

J.

Fur farm. A facility where fur bearing animals are kept, raised and/or bred.

1.

A single-family dwelling occupied by the owner or operator of the fur farm is allowed as an accessory building.

K.

Agricultural labor housing. A facility for the dormitory style housing of agricultural workers on a seasonal basis.

L.

Greenhouse. A facility where plants are raised inside a permanent structure constructed of rigid materials for sale or transplanting.

1.

A single-family dwelling occupied by the owner or operator of the greenhouse is allowed as an accessory building.

M.

Packing facility. A facility where locally-raised farm products are to be prepared for shipping, excluding meat packing and canning operations.

N.

Livestock veterinary clinic/hospital. A facility for the diagnosis, treatment and/or hospitalization of livestock.

1.

Minor special review is required for any livestock veterinary clinic/hospital:

a.

With a facility of up to 2,500 square feet gross floor area (all indoor), except in the B-Business, C-Commercial or I-Industrial zoning districts where such a livestock veterinary clinic/hospital is a use allowed by site plan review: and/or

b.

That has an outdoor animal use area of up to 1,000 square feet.

2.

Special review approval is required for any livestock veterinary clinic/hospital:

a.

With a facility of 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-Commercial and I-Industrial zoning districts where a livestock veterinary clinic/hospital is a allowed by site plan review; and/or

b.

That has an outdoor animal use area of 1,001 square feet or more.

O.

Pet animal facility. Any place or premise used in whole or in part, which part is used for the keeping of pet animals for the purpose of adoption, breeding, boarding, day care, training, grooming, handling, selling, sheltering, trading or otherwise transferring such animals. Pet animal facility also includes any individual animals kept by such a facility as breeding stock. Pet animal facility does not mean a common carrier engaged in intrastate or interstate commerce. Two or more pet animal facilities that have the same or similar purpose and operate from one place or premise are considered a single pet animal facility. A foster home for pet animals is excluded from this definition.

1.

Minor special review is required for any pet animal facility with up to 2,500 square feet gross floor area or less (all indoor) and no outdoor animal use area, except in the B-Business, C-Commercial and I-Industrial zoning districts where a pet animal facility is a use allowed by site plan review.

2.

Special review is required for any pet animal facility:

a.

With 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-Commercial and I-Industrial zoning districts where a pet animal facility is a use allowed by site plan review; and/or

b.

That has any outdoor animal use area.

P.

Pet animal veterinary clinic/hospital. A facility for the diagnosis, treatment and/or hospitalization of pet animals.

1.

Minor special review is required for any pet animal veterinary clinic/hospital:

a.

With up to 2,500 square feet gross floor area or less (all indoor), except in the B-Business RFLB - Red Feather Lakes Business, C-Commercial and I-Industrial zoning districts where such a pet animal veterinary clinic/hospital is a use allowed by site plan review; and/or

b.

That has up to 200 square feet of outdoor animal use area

2.

Special review approval is required for any pet animal veterinary clinic/hospital:

a.

With a facility of 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-Commercial or I-Industrial zoning districts where such a pet animal veterinary clinic/hospital is a use allowed by site plan review; and/or

b.

That has an outdoor animal use area of 201 square feet or more.

(Res. No. 06172003R009, 6-17-2003; Res. No. 03302004R001, § 1(Exh. A), 3-15-2004; Res. No. 04102007R018 Exh. A, 4-10-2007; Res. No. 04012008R002, Exh. A, 4-1-2008; Res. No. 10282008R005, Exh. A, 10-28-2008; Res. No. 02172009R010, Exh. A, 2-17-2009; Res. No. 07212009R003, Exh. A, 7-21-2009; Res. No. 05182010R008, Exh. A, 4-12-2010; Res. No. 08102010R001, Exh. A, 8-10-2010; Res. No. 07092013R008, Exh. A, 5-28-2013)