1.2. DESIGN GUIDELINES FOR THE DESIGN REVIEW COMMITTEE. The Declaration requires prior approval by the Committee or its designated representative before any Proposed Improvement is constructed, erected, placed, or altered. These Design Guidelines establish certain acceptable designs for different types of Proposed Improvements. These Design Guidelines apply to residential property in the Community and are intended to assist the Owners. Prior to installation or commencement of construction, all Proposed Improvements (except those constructed in accordance with the pre-approved standards set forth herein) must be submitted to the Committee for review and approval.

1.7. GOAL OF DESIGN GUIDELINES. Compliance with these Design Guidelines and the terms and provisions of the Declaration, the Final Development Plan and the Final Plat will help preserve the inherent architectural and aesthetic quality of the Community. It is important that the Proposed Improvements be made in harmony with and not detrimental to the rest of the Community. A spirit of cooperation with the Committee and neighbours will go far in creating an optimum environment which will benefit the Owners. By following these Design Guidelines and obtaining approvals for Proposed Improvements from the Committee, Owners will be protecting their financial investment and will help to promote Proposed Improvements that are compatible with the other Homes and property within the Community.

1.8. INTREPRETATION OF THE DESIGN GUIDELINES. The Committee shall interpret these Design Guidelines.

1.9. ENFORCEMENT OF DECLARATION AND DESIGN GUIDELINES. The Committee shall have primary responsibility for the enforcement of the architectural requirements of the Declaration and these Design Guidelines. The Committee will investigate written complaints of Owners for violations of the architectural requirements of the Declaration or these Design Guidelines, if such complaints are dated and signed by the Owner making the complaint. If a violation is found, the Committee shall notify the Owner whose property is in violation, in writing, requesting that appropriate action be taken to achieve compliance. If such Owner does not bring his property into compliance with the Declaration and these Design Guidelines within thirty (30) days, or the time specified by the notice, the Committee will request that the violation be referred to the Board for enforcement action.

1.10. ADVISING OF NEIGHBORS. It is suggested that Owners advise neighbors prior to submitting forms for Proposed Improvements. The Committee may, in its sole discretion, request adjacent neighbor input.

1.11. VIOLATION HISTORY. The Committee will consider the Owner’s violation history and current open violations when determining whether to approve the Proposed Improvement. The Committee may deny any Proposed Improvement on the basis that (1) the Owner has failed to adequately address violations that are currently open and/or (2) the Owner has a history of repeatedly failing to adequately maintain other improvements on his/her Property.

2. SPECIFIC TYPES OF IMPROVEMENTS/DESIGN GUIDELINES.

The [Design Guidelines] covers a wide variety of specific types of Proposed Improvements which Owners and builders typically consider installing. Pertinent information is given as to each. UNLESS OTHERWISE SPECIFICALLY STATED, DRAWINGS OR PLANS FOR A PROPOSED IMPROVEMENT SHALL BE SUBMITTED TO THE COMMITTEE, AND THE WRITTEN APPROVAL OF THE COMMITTEE SHALL BE OBTAINED BEFORE THE PROPOSED IMPROVEMENT IS MADE. Proposed Improvements that are not listed will also require Committee approval. The architectural style of a Proposed Improvement shall be consistent with the style and character of the Home and other residences built in the same general area of the Community. The Committee in its sole discretion shall determine such consistency.

2.51. LANDSCAPE AND MAINTENANCE. Front and backyards must be landscaped. All Landscaping Improvements require Committee approval and must (1) not alter, modify or change the Established Drainage of a Lot and/or any surrounding Lots, Common Area, (2) comply with the provisions of this Section and (3) comply with all landscaping requirements of the City (e.g. front yard landscape design must incorporate at least 6 bushes/shrubs, one tree every 40 feet in the tree lawn plus one tree in the front yard). Turf, rockbeds, flowerbeds, patios, and sidewalks all count as landscaped areas and require Committee approval. All plants and trees are restricted to those plants and trees listed in Exhibit F.

• 2.51.1. Gravel, rock and/or soil piles left in front or on visible side yards of Lots, in the street, or on the driveway shall be left no longer than a period of thirty (30) days. Leaving a gravel, rock and/or soil pile in a street is not suggested. Contact the City for more specific information.
• 2.51.2. Delivery and placement of landscape materials shall not damage any Common Area. Delivery trucks are not allowed to cross the Common Area (to avoid sprinkler and landscape damage). If this regulation is violated and damage to the Common Area results, the Owner will be held financially responsible for repairing the damage caused by the Owner or the Owner's agent, guests or tenants.
• 2.51.3. Sprinkler System. A sprinkler system shall be installed and maintained in good working condition in the front yard and tree lawn areas.
• 2.51.3.a Prohibited Plants. The following types of plants are prohibited for use in any landscaping on or around the Lot: Marijuana and plants classified as “weeds”, which includes all species of dandelions, oxalis, bind weed puncture vine and all weeds listed on the Colorado State listed Noxious Weed list as published by the Colorado State University CoOp Extension.
• 2.51.4 Trees. Committee approval is required before a tree can be installed in the front yard.
  1. 2.51.4.1 Pine Trees. Pine trees in the front yard must be planted the “Minimum Pine Tree Set-Back Distance” from a neighboring property line. The crown of a typical mature pine tree in the front yard must not be within 5 feet of a neighboring property line (the “Minimum Pine Tree Set-Back Distance”).
• 2.51.7 Xeriscaping. Committee approval is required.
  1. i. Definition. Per section 38.33.3-106.5 of the Colorado Statutes, xeriscaping is defined as “the combined application of the seven principles of (1) landscape planning and design, (2) soil analysis and improvement, (3) appropriate plant selection, (4) limitation of turf area, (5) use of mulches, (6) irrigation efficiency, and (7) appropriate maintenance that results in water use efficiency and water-saving practices.” Xeriscaping requires using native and adaptive plants that can grow and sustain themselves in dry natural conditions such as those in Colorado.
  2. ii. Restrictions on District’s Ability to Regulate. Section 38.33.3-106.5 of the Colorado Statutes states that notwithstanding any provision in the Declaration or rules and regulations of the District to the contrary, the District shall not prohibit any Owner’s use of xeriscape or drought-tolerant vegetative landscapes to provide ground covering to a Lot. Further, Section 37-60-126(11) of the Colorado Statutes states that any covenant either prohibiting xeriscaping or requiring the primary or exclusive use of turf grass is unenforceable as it is against public policy.
  3. iii. Authorization to Regulate. Section 38.33.3-106.5 of the Colorado Statutes allows the District to adopt and enforce design and aesthetic guidelines or rules that (1) require drought-tolerant vegetative landscapes or (2) regulate the type, number and placement of drought-tolerant plantings and hardscapes that may be installed on an Owner’s property.
  4. iv. Advantages to Xeriscaping. The advantages of xeriscaping include:
     • Substantial cost savings on water bills;
     • Conservation of diminishing water resources;
     • Prevention of pollution from environmentally harmful run-off;
     • Reduced yard maintenance requirements;
     • Aesthetic beauty and increased homeowner options for plant material.
  5. v. “Zero-scaping” The Committee makes a distinction between the terms “zero-scaping” and xeriscaping. Although the term zero-scaping does not exist, some owners may have the perception that xeriscaping utilizes large areas of hardscape such as boulders, rocks, gravel or other inorganic materials, with few plantings and little or no natural turf grass. Although this approach is indeed water-conserving, it is devoid of plants and grasses and not in keeping with the aesthetics of the neighborhood. Landscaping in this fashion is not allowed and is also a violation of City landscaping codes (See Commerce City’s Article VII. Development and Design Standards).
  6. vi. Turf area. The Committee will allow variances to the requirement for full green lawn (turf) areas up to 100% of available front yard space (including the tree lawn area).
  7. vii. Hardscapes. Hardscapes are encouraged to reduce lawn areas. The use of boulders, rocks, gravel, decomposed granite or other inorganic materials, generally referred to as hardscape, should not exceed 50% of the landscapable area of the front and/or side yard. The reasons for limiting the coverage area with hardscape materials is two-fold:
     1. To avoid “zero-scape” appearances which are devoid of plantings or grasses, a concept incompatible with the Potomac Farms neighborhood aesthetics
     2. Hardscape materials absorb and store solar energy and ambient heat. This considerable heat is then radiated to the surrounding soil, plantings and turf grasses, often throughout the night, with an adverse, withering impact on ground vegetation and nearby trees.
  8. viii. Plant Bed Borders. Non-turf planted areas must be bordered to define the xeriphytic area clearly from turfed areas.
  9. ix. Plant Variety. Owners should avoid planting large numbers of only one plant species, which can create a monoculture susceptible to pest or insect problems. The abundance of Xeriscape plants – trees, shrubs, perennials, groundcovers, vines and grasses – available in the nursery industry make it possible to choose plantings which give color and interest (flowers, fruits, berries, and foliage) year-round. Consequently, xeriscape plans should incorporate no less than four different types of shrubs, perennials, groundcovers, vines and grasses (excluding trees and grass in any remaining turf area).
  10. x. Weed Barriers. All hardscapes must be lined with weed fabric or other weed-preventing barrier. Weed barriers deteriorate over time diminishing the effectiveness of such weed barriers. Owners are required to monitor the effectiveness of the weed barriers underlying all hardscapes and, if deemed substantially ineffective by the Owners or the Committee, shall replace such weed barriers.
  11. xi. Maintenance. Xeriscapes require ongoing maintenance and upkeep. Xeriscape owners are responsible for maintaining their xeriscapes using methods similar to those required of other owners having conventional landscaping designs. Each lot must be maintained in a neat, clean and orderly condition by the owner, so as not to be viewed as unkempt. Xeriscaping maintenance includes, but is not limited to:
      1. Mowing water-conserving turf such as Buffalo, Zoysia or Bermuda grasses,
      2. Employing weed control techniques, such as installing landscaping cloth in plant beds as weed barriers,
      3. Pruning and shaping plants,
      4. Replacing diseased and dead plantings,
      5. Owners should consider converting sprinkler heads to drip irrigation heads in plant beds, or grouping plants into water zones based on similar water needs so that sprinkler systems will not waste water on plants or turf grasses that do not need it.
  12. xii. Decorative Objects. Hardscapes can include large boulders or other natural materials that are used as a part of the xeriphytic landscape design. The Architectural Review Committee prefers to see natural colored rock and masonry or masonry that matches the existing house color. Water features, Urns, and other man-made ornamentation can add variety but not to exceed 4 items in public view. No boulders or large rocks exceeding 12 inches height may be used in the sidewalk strip area.
  13. xiii. Safety. For public safety, no plant with thorns, spines, or sharp edges can be used within 6 feet of the public sidewalk.

c) Work exempt from building permit. Exemptions from building permit requirements of the Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Building Code or any other laws or ordinances of the city. Building permits shall not be required for the following:

(1) Buildings/structures:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 square meter).
2. Fences not over 30 inches (762 mm) high.
3. Oil derricks.
4. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks not more than 30 inches (762 mm) measured vertically to the floor or grade below at all points within 36 inches horizontally to the edge of the open side, and not over any basement or story below and not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy or one- and two-family dwelling, that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies and in one-and-two family dwellings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Stationary and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.
14. Freestanding shade structures meeting all of the following requirements: Less than 120 square feet in area, limited to 12 feet in height, openings in the roof structure spaced greater than six inches, floor height less than 12 inches above grade, not attached to any structure, and not serving an exit door.
15. Replacement of asphalt shingle when, over the aggregate roof area, there is less than one square (100 square feet) that will be replaced.
16. Replacement of doors and windows in single-family dwellings, two-family dwellings, and townhouses where the size of the opening does not change.

CRS 38-33.3-106(5)(i)

(1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: (I) The use of xeriscape or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that require drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner’s property or on a limited common element or other property for which the unit owner is responsible. (II) This paragraph (i) does not supersede any subdivision regulation of a county, city and county, or other municipality.