Ask Planning and Zoning page 4

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Q I would like to put an awning on a older commercial building in Jeffco, The building is only 25 to 35 feet from the road both along Main Ave and Side Street. The awning I would like to put on would extend out from the building 6 to 7 feet and would be supported by both the existing building and new posts. Does the same setback rule apply to a remodel as new construction?  I know if I built a new building there is a 20 foot setback on the Main Ave. side and a 50 foot setback on Side Street.

A To answer your question directly, any extension of an existing building would require a review by the County, including verification that the underlying zone district setbacks can be met.  In this case, the extension of anywhere from six (6) to seven (7) feet will need to comply with minimum setbacks for the subject property.  If no exterior changes or modifications are being made to the building, then the County would review only interior renovations and not have to consider exterior setbacks.  Setbacks are measured from property lines or from the edge of right-of-way, which may apply to this situation based on its location.

It sounds like a variance from the setback requirement may be needed in this case.  The older commercial building may have been constructed prior to zoning existing or at a time when the underlying zone district had different setback requirements.  This can be referred to as a "grandfathered" structure or legal nonconforming structure.  However, any new modifications to the structure require compliance with today's regulations. Please come into our office so we can best assist you and direct you toward the proper steps in order for you to complete the work on this building.

Q The properties at the end of Alta Drive adjoining Doubleheader Ranch Estates are zoned agricultural (as I have been told). Their only ingress/ egress is through Doubleheader Ranch Estates which is zoned residential. Does the fact that the only access to agricultural land being through a residential neighborhood limit what type of agricultural activities that can be conducted? If you live on ag zoned land and do not conduct any ag-related activities, is their a zoning problem?

A You raise a good question that we often respond to from citizens.  The short answer to your question:  No, the access through residential property does not limit the types of uses allowed in the Agricultural Zone District.  You do not need to conduct ag-related activities to live on land zoned agriculturally.  Many of our lowest density zone districts (A-1, A-2 and A-35) have residential structures and no related agricultural activity.

Many of the roads in the subdivision referenced in your question, have been dedicated to the County or platted in compliance with road standards at the time the subdivision was created.  This may be different for private roads and/or easements that have limitations on use and may not meet County standards.  In short, the ability to cross residentially zoned land to get to agriculturally zoned land does not affect the uses on the land in this situation.

Q What are the height requirements for needing a permit when building a deck?  Is a permit needed if the surface is below 36 inches?

A We have people ask us this question all the time.  We have several different provisions, depending on the type of deck you wish to construct.  I will attempt to break these requirements down in terms of permit review:

1.  Decks over 30" in height:  Requires a building permit.
2.  Decks between 13" and 30": Requires a miscellaneous permit.
3.  Decks 12" and under:  Requires a miscellaneous permit but you do not have to meet setbacks.

A building permit requires review and approval through the Planning & Zoning and the Building Divisions.  An inspection of the deck occurs, in compliance with applicable building codes.  A miscellaneous permit requires review by only the Planning & Zoning Division.  No further inspection occurs once the miscellaneous permit is obtained from the County.  Any permit required by the County must be accompanied by a Site Plan (to scale) that shows the location of the proposed deck and its relationship to property lines in order to ensure that applicable setbacks within an underlying zone district are met.  Both permits require a processing fee.  An application will also be required from the County.  I hope this helps clarify what you need to do.

Q The land behind my house has recently sold.  We went to a septic use meeting last December and the next step was for the land to be re-zoned. Yesterday a drilling rig went up and they started drilling, how can I find out information about the re-zoning status of this property.  I was unable to find anything regarding this property on the web site. Thanks.

A Thank you for your inquiry.  Did you know that you can search for land use cases on the Internet?  We now offer the ability for citizens to find all types of land use cases from preliminary applications to formal applications such as Rezonings and Plats.  You can search by address, geographical location, owner's name, case type and permit number.  To get to this new feature, please select the link: http://www.co.jefferson.co.us/amandaItoI/  Once at this location, select the "Development-Application" tab on the left hand side of the screen.  It will direct you to a web page that you might find useful.  In the event that you are not successful in finding information, please feel free to contact us directly at 303-271-8700 and speak with our Duty Planner who can assist you on information regarding activities on properties adjacent to you.

Q We live in an established neighborhood. Our neighbor's house was built about 5 years ago. I understand that they now want to apply for a variance to the setback requirements so they can put an additional deck on their house. Obviously we want to keep neighborly relations, but we don't particularly want this variance granted. What does the applicant for a variance have to show to get their variance approved and what must someone who objects have to show to prevent the variance from being granted? We don't want to object and cause a neighborly disruption if it is likely this variance will be granted. Thank you!!

A The Jefferson County Zoning Resolution establishes variance procedures.  We have two types of setback variances that can be reviewed and granted.  Given the nature of your inquiry and the suggestion that the "additional deck" will encroach into an established setback, I will outline the steps and procedures for review.

An Administrative Exception may be granted up to 25% of the setback standard within an applicable zone district.  Anything above that limitation must be reviewed and decided by the Board of Adjustment.  In both instances, a "hardship" must be established that precludes the applicant from complying with the underlying zone district requirements.  A hardship can be based on the physical shape of the property, unusual topography, location of existing structures or some unique situation that precludes development from complying with setback standards.

In both instances, adjacent property owners will be notified of the proposed variance.  The Administrative Exception requires a response objecting to the variance within 10 days of the date of a letter sent to affected property owners.  The variance can still be approved or it can be directed to the Board of Adjustment for final determination. 

The other variance request, required to be heard by the Board of Adjustment, includes posting on the subject property and notification to adjacent property owners.  A public hearing occurs on the variance request and comments can be accepted by the Board prior to them rendering a decision.  If you have concerns about the variance request, it should be based on evidence that shows that a hardship does not in fact exist to grant such relief.  This is the same standard that our staff applies in reviewing such applications.  For more information on the variance process, please see our Planning & Zoning Processes: A Citizens Handbook that explains the review process and provides input on public participation.

Q I have some Clients who are interested in income property which is zoned MR-1, and are both multi-family properties. They have water and sewer/septic which supports that many residences. My buyer is worried about future rentals. Since the properties are both non-conforming  is there a reason they would not be able to lease out all the units as they are now? One property has 3 seperate units and the other has four.
Any input would be great! Thanks

A The County reviews legal nonconforming uses carefully before allowing them to continue.  The concept of a legal nonconforming use is one where the use either was allowed by the underlying zone district at one time and has since been removed or existed prior to zoning being in place. 

In your scenario, I am concerned if the units have been continuously rented or leased.  One specific provision of a legal nonconforming use relates to time.  Usually a provision exists that limits how long a legal nonconforming use can remain without any activity before it expires.

In Jefferson County, a legal nonconforming use will be expired if it has not been used for a period of 180 days or more.  If the properties have not be leased or rented for that period of time, then we would consider the multi-family use to no longer be allowed as a legal nonconforming use.

I would recommend that you allow our Zoning Administration to review the subject property and applicable uses to determine if they qualify as a legal nonconforming use.  We offer a service to review such applications which we call Nonconforming Reviews.  To seek assistance, please contact our main number at 303-271-8753 and we will have a planner work directly with you.

Q Does MR-1 zoning permit the placement of manufactured housing?  If not, what zoning designation in Jefferson County does? Thank you for your time!

A All of Jefferson County's residential zone districts allow for the placement of a manufactured home.  The home must be placed on a permanent foundation and must meet all applicable building and zoning code requirements.  In addition, the specific design standards for the pre-fabricated home must be submitted to our Building Division for review and in compliance with federal housing standards.

Manufactured homes are also allowed in our agricultural zone districts, which permit residential development as a permitted use.  The same standards apply as mentioned above.  Finally, we have a Manufactured Home (M-H) zone district that allows temporary "mobile" home structures that can be placed on a leased space and in compliance with the specific setback, height and location standards specified in that particular zone district.

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Last Modified: Mar 28, 2009 10:17 PM