Ask Planning and Zoning page 7

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Q There is a 20-25' easement on our road, it is a private road, but the neighbor has put a fence right on the edge of the road within the easement area.  We are concerned that in the winter when the neighbor plows the snow, it will have nowhere to go other than built up on the side of the fence and limiting our access on the road.  Is this a violation of the easement?  And, if the fence is damaged from the plow truck or built up snow, can the homeowner hold the plower responsible?

A Easements have several components to them; they have legal components including provisions for use, operation, limitations, timeframes and so forth and also describe physical location as to where the easement exists on land and who may have a right to use it.  In your case, since the easement encumbers a private road, the County has no jurisdiction over this matter.  As a result, if you believe that snow may block access or cause damage to your property, it must be handled civilly, without intervention by the County.  You should contact an attorney to find out what legal rights you may have as a property owner regarding the easement.  Hopefully, you can resolve this before it ends up in front of a judge.

Q I need to find the zoning information and documentation on your description of "storage of commercial vehicles".  I live in un-incorporated Jefferson County. I have my own business and work out of my home. The vehicle is my source of income and is used on a daily basis. Can you please direct me on where to find your information on this?  Also do I need to pull a special permit to have the vehicle at my residence?

A The Jefferson County Zoning Resolution (Section 5, regarding Accessory Uses) does not permit the storage of commercial vehicles in residential areas of Jefferson County. A commercial vehicle can be described as any vehicle which falls into one or more of the categories listed below:

1. truck tractor;
2. semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures;
3. vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply commercial or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling, and other construction oriented contractors;
4. tow trucks;
5. commercial hauling trucks;
6. vehicle repair service trucks;
7. vehicles with blades attached for plowing, grading;
8. construction vehicle, such as a bulldozer, backhoe and similar vehicles;
9. a vehicle which has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment.

In some instances, a commercial vehicle may have advertising, logos, telephone numbers and related information that removes it from the realm of being a noncommercial vehicle.  In those instances, you should contact the County to see if we can investigate the matter further and determine if a violation may exist.

Q Does Jefferson County have a law requiring that property owners shovel or remove snow from their sidewalks?

A No, Jefferson County does not have such a law, ordinance, or resolution for this issue. It would be difficult for the County to enforce such an ordinance because of the limited staff available to perform these types of inspections and to follow-up with enforcement action. In order for an ordinance to be adopted the BCC would need to direct staff to investigate the issue and staff would propose language for their approval.

Q In unincorporated Jeffco, are realtors allowed to have their wire type realty stands placed on a roadside for an extended period of time (placement is on roadside which is NOT the site of the home for sale).

A Technically, we do not allow for off-site signs or signs within the County Right-of-Way.  We are aware that realtors place their open house and home for sale signs out, but these are not allowed by the Zoning Resolution.

Q In unincorporated Jeffco, is there a parking restriction for having a trailer parked on a road in a residential neighborhood?

A This depends on the type of trailer. If it is a recreational vehicle that is licensed and operable, then it would be allowed to be parked on the street as long as it meets all of the parking requirements. If it is parked for more than 72 hours, the Sheriff's office may be able to issue a ticket.  If it is a commercial vehicle, then it would only be allowed if it is accessory to a project being conducted on the residential property. In either case, an HOA may have more stringent restrictions.

Q The owner of my company wants to know if he can hunt on his own property. Please let me know. 
 
A It is possible to hunt on your own property but you need to verify with the Sherriff's office that you are within an area that allows the discharge of firearms. You may also need to contact the State Wildlife Division to determine any license and/or seasons.

Q I am interested in purchasing a 13 acre mountain property which is zoned R-1. There is currently a home and a detached garage on the property. I want to know if it would be legal to build a second or "guest house" on the property for my parents to live in.

A There are two possible ways to build the second dwelling unit on this property. The first would be if there are multiple lots that make up the 13 acres, you might be able to build it on its own lot as if it was a standalone single family dwelling. You could also go through a subdivision process if it is a single 13 acre property. The other option would be to construct the dwelling under the Accessory Dwelling Unit guidelines as established in Section 4 of the Jefferson County Zoning Resolution (look at letter f on page 5).

Q I would like to replace the foundation of my home and am wondering what county permits will be needed. I currently live in unincorporated Jefferson County.

A You will need to obtain a building permit to replace the foundation on your house. Please contact the Building Division at 303-271-8260 for information on the plan requirements. Zoning will require a site plan to verify all setbacks are met and then will review the plans for any other plat or zoning restrictions. The Building Division will then review the plans for building code compliance and will issue the permit.

Q I am interested in putting a bee hive on my property for the purpose of pollinating local plants/trees and harvesting honey. Before I begin I am wanting to make sure this is something I can do.

A Unfortunately, beekeeping is not an allowed use within residential areas.  You would need to rezone your property to allow for this use.

Last Modified: Mar 28, 2009 10:17 PM