Fences, hedges, and walls may be permitted in the various districts as accessory uses in accordance with the following limitations: (A)

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1 ORDINANCE NO AN ORDINANCE ADDING SECTION , SOUND WALL, TO THE BROOMFIELD MUNICIPAL CODE AND AMENDING BROOMFIELD MUNICIPAL CODE SECTION , SWIMMING POOL AND SECTION , FENCES, HEDGES, AND WALLS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section I. A new Section , Sound wall, is hereby added to the Broomfield Municipal Code, to read as follows: Sound wall. Sound wall means a solid fence constructed of concrete, stone, brick, or similar material, the intent of which is to limit visibility, light, and sound from passing through. Section 2. Section , Swimming pool, of the Broomfield Municipal Code is hereby amended, to read as follows: Swimming pool. has both a surface area greater Swimming pool means any water nonase which structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas. Section 3. Section , Fences, hedges, and walls, of the Broomfield Municipal Code is hereby amended, to read as follows: Fences, hedges, and walls. Fences, hedges, and walls may be permitted in the various districts as accessory uses in accordance with the following limitations: (A) No fence in any district shall exceed six feet in height, except: (1) As necessary to comply with subsection (F) of this section concerning the enclosure of outdoor swimming pools; (2) Fences adjacent to the state highways may be up to eight feet in height; (3) Fences in the B-1, B-2, I-1, 1-2, and 1-3 districts may be up to eight feet in height except as required in section (4), B.M.C.; and (4) Fences are required for screening outdoor storage of equipment, machinery and vehicles and any permitted outdoor operations in the I-1, 1-2, and 1-3 districts. Said fences must be between six feet and ten feet in height depending on Bold type indicates new material to be added to the Broomfield Municipal Code. Dashes through words indicate deletions from the Broomfield Municipal Code.

2 site conditions such as topography and views to the site. The specific fence height shall be determined through the permit review process. The intent is to maximize screening of outdoor equipment, machinery, and vehicle storage from adjacent properties and public streets. (5) Sound walls along arterial roadways up to ten feet in height or as approved by the City Manager or his/her designee. (B) No fence, hedge, wall, shrubbery, or sign shall interfere with the vision of motorists at any intersection. (C) Only ornamental fences not more than two and one-half feet in height shall be permitted in the front yard in any E-1, E-2, R-1, R-3, or R-5 district. (D) All fences and walls located in a required front yard in any business or industrial district shall be set back from the front lot line two feet for each foot of fence height. (E) Fences installed within street rights-of-way shall comply with chapter 12-08, B.M.C. (F) Appendix G. All outdoor swimming pools, hot tubs, and spas shall be enclosed by a FROF n no barrier as required by International Residential Code (G) Electrified, razor wire, and barbed wire fences are prohibited in all zone districts, except as provided in subsection (H) and (I) below. (H) Fences in industrial districts: (1) When required for screening outdoor storage or operations, fencing must be one of the following: chain link with inserted slates; mesh privacy or wind screen material with opaque screening levels of 80 percent or greater; wood privacy; vinyl privacy; or a solid material. Solid materials may include stucco, brick, stone, including veneers, vinyl, or comparable material providing a fully opaque screening level. When screening is required along arterial streets or highways, the enclosure must be of a solid material listed above. (2) May include up to four strands of barbed wire. This barbed wire must be a minimum of six feet and a maximum of eight feet from the ground. The barbed wire segment may be placed at a forty-five-degree angle. (I) Fences installed in RR districts are subject to the following requirements: (1) Open fences of not more than forty-two inches in height are permitted in front yards. (2) Barbed wire fences of not more than seventy-two inches in height are permitted in side and rear yards. 2

3 (3) Electric fences are permitted as internal fences but not as external fences. Section 4. passage. This ordinance shall be effective seven days after publication following final INTRODUCED AND APPROVED after first reading on January 11, 2011, and ordered published in full. INTRODUCED A SECOND TIME and approved on February 8, 2011, and further ordered published. THE CITY AND COUNTY OF BROOMFIELD, COLORADO Mayor ATTEST: City & County Clerk APPROVED AS TO FORM: First Publication: Second Publication: 3

4 RESOLUTION NO A RESOLUTION DIRECTING THE CITY & COUNTY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING ON THE BROOMFIELD MUNICIPAL CODE AND OTHER PRIMARY CODES ADOPTED BY REFERENCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. Pursuant to section , C.R.S., the city & county clerk is directed to publish the attached notice of public hearing on primary codes adopted by reference in the Broomfield Enterprise or other newspaper of general circulation on January 20, 2011, and on January 27,2011, or on such other dates as are consistent with section , C.R.S. Section 2. This resolution is effective upon its approval by the City Council. APPROVED on January 11, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City & County Clerk APPROVED AS TO FORM:

5 THE CITY AND COUNTY OF BROOMFIELD, COLORADO NOTICE OF PUBLIC HEARING ADOPTING PRIMARY CODES BY REFERENCE Pursuant to section , C.R.S., the City Council of the City and County of Broomfield hereby gives notice of a public hearing to be held in the council chambers at the Broomfield City & County Building, One DesCombes Drive, Broomfield, Colorado, at 6:00 p.m. on February 8, 2011, concerning City Council adoption by reference of the following primary codes: (1) The "International Building Code," 2009 Edition (IBC), published by the International Code Council, Inc., and in particular Chapters 2 through 35 and Appendix C Group U - Agricultural Buildings; Appendix G - Flood-Resistant Construction; Appendix I - Patio Covers; and Appendix J - Grading inclusive, are hereby adopted as the Building Code for the city. The provisions of the International Building Code as amended shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures. (2) The "International Residential Code for One- and Two-Family Dwellings", 2009 Edition (IRC), published by the International Code Council, Inc., and in particular Chapters 2 through 10 and 12 through 32, Appendix G Swimming Pools, Spas, and Hot Tubs, and Appendix H - Patio Covers. The provisions of the International Residential Code for One- and Two-Family Dwellings as amended shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above-grade plane in height with a separate means of egress and their accessory structures. EXCEPTION: Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one- and twofamily dwellings or townhouses. Fire suppression required by Section of the International Building Code when constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section of the International Building Code. (3) The "Uniform Code for the Abatement of Dangerous Buildings," 1997 Edition (UCADB), published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California in particular Chapters 1 through 9. (4) The "Uniform Housing Code," 1997 Edition (UHC), published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California in particular Chapters 1 through 16.

6 (5) The "National Electrical Code" (NEC), the latest edition adopted by the State of Colorado, published by the National Fire Protection Association, Inc., and in particular Article 70, Chapters 1 through 9 inclusive, is hereby adopted as the Electrical Code for the city. The provisions of the National Electrical Code as amended shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (6) The "International Plumbing Code", 2009 Edition, (IPC) published by the International Code Council, Inc., in particular Chapters 2 through 13 and Appendix B, Rates of Rainfall for Various Cities, is hereby adopted as the Plumbing Code for the city. The provisions of the International Plumbing Code, as amended, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system, nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems. The installation of fuel gas distribution piping and equipment, fuel-gas-fired water heaters and water heater venting systems shall be regulated by the International Fuel Gas Code. (7) The "International Mechanical Code", 2009 Edition, (IMC) published by the International Code Council, Inc., and in particular Chapters 2 through 15 and Appendix A inclusive, is hereby adopted as the Mechanical Code for the city. The provisions of the International Mechanical Code, as amended, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. (8) The "International Fuel Gas Code" 2009 Edition, (IFGC) published by the International Code Council, Inc., and in particular Chapters 2 through 8 inclusive, is hereby adopted as the Fuel Gas Code for the city. The provisions of the International Fuel Gas Code, as amended, shall apply to the installation of gas piping systems, gaseous hydrogen systems, fuel gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the outlet of the appliance shutoff valve and the installation and operation of residential and commercial fuel gas appliances and related accessories. (9) The "International Energy Conservation Code", 2009 Edition, (IECC) published by the International Code Council, Inc., and in particular Chapters 2 through 6 inclusive, is hereby adopted as the Energy Code for the city. The provisions of the International Energy Conservation Code, as amended, shall apply to all matters governing the design and construction of buildings for energy efficiency. The International Energy Conservation Code (IECC) is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve the effective use of energy.

7 (10) The "International Fire Code", 2009 Edition, (IFC) published by the International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia , and in particular Chapters 1 through 45 and Appendix B, Fire-Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; and Appendix G, Cryogenic Fluids - Weight and Volume Equivalents inclusive. (11) The most current edition of the ASME A17.1 Safety Code for Elevators and Escalators as published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York and hereinafter referred to as the Elevator and Escalator Codes. The provisions of the ASME Codes as adopted by Title 15-18, as amended, shall apply to the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the equipment identified in ASME, its associated parts, and its hoistways, where located in or adjacent to a building or structure. Copies of the foregoing primary codes are on file with the City and County Clerk in the Office of the City and County Clerk at One DesCombes Drive in Broomfield and are open to public inspection from 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, excluding city holidays. DATED:, 2011 THE CITY AND COUNTY OF BROOMFIELD, COLORADO Russ Ragsdale, City and County Clerk