Accessory buildings and uses may include but are not limited to the following:

(1)

Home occupations.

(2)

Horses and household pets.

(3)

Fences, hedges and walls.

(4)

Private greenhouses.

(5)

Private swimming pools.

(6)

Storage and merchandise in commercial districts.

(7)

Fallout shelters.

(8)

Detached garages.

(9)

Tennis courts.

(10)

Storage sheds for residential areas.

(Prior code 70-85; Ord. 5 §5, 1997)

A home occupation shall be allowed as a permitted accessory use, provided that the following conditions are met:

(1)

The use must be conducted entirely within a dwelling and shall not employ any persons other than those members of the immediate family residing on the premises. For the purposes of this Section, a dwelling unit may include attached garages and attached accessory buildings.

(2)

The use must be clearly incidental and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof.

(3)

The total area used for home occupation uses shall not exceed fifteen percent (15%) of the total floor area within a dwelling unit. The area used for the home occupation shall be considered to include all storage areas and work space clearly utilized or essential in the operation of the home occupation.

(4)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation, including advertising signs or displays or advertising that solicits or directs persons to the address.

(5)

There shall not be conducted on the premises the business of selling stock, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupations.

(6)

There must be no exterior storage on the premises of material or equipment used as a part of the home occupation.

(7)

No equipment or process shall be used in such home occupation which creates any glare, fumes, odors or other objectionable conditions detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling.

(8)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and not in a required yard adjacent to a street.

(9)

Under no circumstances shall any of the following be considered a home occupation: antique shop, barbershop, beauty parlor, wig styling, clinic, mortuary, nursing home, restaurant, veterinarian's clinic, dancing studio, wood shop or cabinet making shop.

(10)

Each home occupation shall annually register with the Town Clerk, which registration shall include a review of compliance with the home occupation standards contained in this Code. The person seeking to register said home occupation shall grant the Town reasonable access to the location of the home occupation for the purpose of verifying compliance with this Code, as may be required by the Town.

(11)

Under no circumstances shall the following be considered a home occupation: any retail marijuana establishment, a medical marijuana center, optional premises for medical marijuana center or premises for infused products manufacturer or any caregiver producing medical marijuana for a price in excess of the direct cost of growing and producing the end product. A person growing marijuana for his or her personal consumption within the limitations established by Colorado Constitution Article XVIII § 16 where no marijuana is sold to another party for money, goods or services or a patient or primary caregiver growing medical marijuana and converting the plant into medical marijuana for only one (1) patient where there is no exchange of payment over and above the direct cost is not considered a home occupation but is permitted, provided that:

a.

The person, patient or primary caregiver lives within the single-family lot or the dwelling unit where the marijuana is grown and produced;

b.

The total floor area used for growing and production does not exceed fifty (50) total square feet of a single-family lot, including any lot with an accessory dwelling unit;

c.

The total floor area used for growing and production does not exceed forty (40) square feet for any dwelling unit within a duplex, multi-family building, apartment building or mixed-use building, and the activity must be located within the dwelling unit; and

d.

The other requirements for that use and activity are adhered to in accordance with the Colorado Constitution Article XVIII § 14 and § 16, C.R.S. 18-18-406.3, C.R.S. 25-1.5-106, C.R.S. 12-43.4-101 et seq., 1 CCR 212-2, and this Code, including but not limited to the licensing requirements under Chapter 6 of this Code and the additional limitations in Section 16-190 of this Chapter.

(Prior code 70-86; Ord. 14 §1, 1992; Ord. 12 §7, 2009; Ord. 30 §1(Exh. A), 2013; Ord. 14 §1(Exh. A), 2014)

(a)

The renting of rooms for long-term purposes of thirty (30) days or more to one (1) or two (2) persons, not members of the family residing in the same dwelling unit, may be permitted as an accessory use, provided the following are met:

(1)

Quarters used by the roomers must not be more than twenty-five percent (25%) of the total floor area of the dwelling unit.

(2)

The dwelling unit must have only one (1) electric meter.

(3)

Where the renting of rooms is to two (2) roomers, at least one (1) off-street parking space must be provided, in addition to the number of such spaces required by this Code.

(4)

All roomers shall use the main kitchen facilities of the dwelling unit. No separate kitchen facilities are allowed including, but not limited to:

a.

Range, grill, broiler or cooktop fueled by solid fuel, L.P. or natural gas or by electrical power. This will include any gas piping from the area of the range or cooktop back to the point of intersection with the primary gas piping system and any 220-volt electrical wiring back to the main electrical panel.

b.

Sink, not including lavatory or laundry tub.

c.

Dishwasher.

d.

Counters and cabinets of a quantity and configuration that indicate the creation of a food preparation area.

e.

Refrigerator or refrigerator/freezer.

f.

Microwave oven, hot plate or similar portable cooking device.

(5)

Renting of rooms shall be allowed as an accessory use in the principal building on a lot only, with no renting of rooms allowed in accessory buildings.

(6)

The total number of unrelated persons, including roomers, in any one (1) dwelling unit must not exceed the number of persons permitted to occupy a unit under the International Building Codes, Fire Codes, or Colorado Department of Public Health and Environment Wastewater and Water Quality Standards.

(b)

Supplemental regulations.

(1)

Interpretations regarding violation of the Zoning Code restrictions relating to renting of rooms, Section 16-203(a)(5) above, and the creation of illegal dwelling units pursuant to the schedule of permitted uses, definition of single-family dwelling, definition of dwelling unit and definition of kitchen, Section 16-4 may be appealed to the Board of Zoning Adjustment in accordance with Section 16-265.

(2)

Violations relating to the above sections shall be punishable as outlined in Section 16-266 regarding notice and Section 16-268 regarding fines, subject to the following further stipulations:

a.

That due to the nature of the violations and their impacts on the Town's water system, street system and adjoining properties, such violations shall be punishable by doubling of the fines established by Section 16-268.

b.

That establishment of code compliance will require removal of all gas piping from the area of a range or cooktop back to the point of intersection with the primary gas piping system and any two hundred twenty (220) volt electrical wiring or dedicated wiring from the area of a range or cooktop back to the main electrical panel.

c.

Reinspection to verify compliance in the case of an initial violation shall require a one-hundred-dollar special inspection fee payable by the property owner.

d.

Any reinspection to verify compliance following a second violation within two (2) years of any violation shall require a special inspection fee payable by the property owner in an amount approved by the Town Council pursuant to Section 2-381 et seq.

(c)

Short-term rental of dwelling units. The rental of rooms and dwelling units for short-term purposes of less than thirty (30) days is permitted, provided the following conditions are met:

(1)

An annually renewable short-term rental business license shall be applied for and obtained prior to renting a residential dwelling unit on a short-term basis, upon payment of the fees for such license in accordance with the fee schedule adopted pursuant to Section 2-381 of the Code. The rental of a dwelling unit for a time period of less than thirty (30) days is subject to the Town's Lodging Tax as established in Town Code Article VII, Chapter 4. The short-term rental business license for short-term rental of a dwelling unit shall be address specific and non-transferable to other properties.

(2)

The owner of a dwelling unit being rented on a short-term basis, if residing the Roaring Fork Valley or a designated representative of the owner residing in the Roaring Fork Valley or having a business in the Roaring Fork Valley shall manage the short-term rental during the period in which the rental is being occupied and shall be on-call. The name, phone number and address of the local owner or the local owner representative shall be provided to the Planning Department at the time of application for a business license.

(3)

Upon application for a short-term rental business license for short-term rental of a dwelling unit, the Town Building Official will schedule an inspection of the dwelling unit to be rented on a short-term basis to review that it is safe for occupancy and that it contains necessary carbon monoxide and smoke detectors. If the Town Building Official determines that a dwelling unit needs to be upgraded to ensure that it is safe for short-term rental, the Town Building Official shall order the applicant to make improvements necessary to render the unit safe for short-term rental occupancy prior to issuance of the short-term rental business license. An applicant for a short-term rental business license to rent a unit on a short-term basis shall pay an inspection fee in the amount specified in the Town's fee schedule. The owner of a dwelling unit being rented on a short-term basis shall also contact the Town Building Official annually in conjunction with the renewal of the short-term rental business license to schedule a safety inspection. The safety inspection must be conducted and passed prior to renewal of a short-term rental business license. Short-term rental of a dwelling unit without a current short-term rental business license is prohibited and is discussed in subsection (11) below.

(4)

Dwelling units that are rented on a short-term basis for less than thirty (30) days shall satisfy the general Town Code requirements applied to all residential units within the Town. Dwelling units that are occupied by more than three (3) unrelated individuals for periods of thirty (30) days or longer shall meet the occupancy requirements set forth in Town Code Section 16-203(a), Renting of rooms.

(5)

Multi-family dwelling units may only be rented on a short-term basis to a single party or entity at any one (1) time. A building containing six (6) or more units intended for temporary occupancy by guests is considered a motel or hotel and is subject to the Town Code requirements for motels and hotels. Properties containing a single-family dwelling unit or a primary single-family dwelling unit with an accessory dwelling unit or detached suite may only be rented on a short-term basis by one (1) entity or party at any one (1) time.

(6)

Outdoor, amplified music and outdoor use of other devices used for audiblizing sound (such as a radio, CD player) shall be prohibited after 10:00 p.m. on a property containing a dwelling unit being rented on a short-term basis. Compliance with this requirement shall be both the responsibility of the owner of the dwelling unit and the tenants renting the dwelling unit on a short-term basis.

(7)

Except for noise and other nuisance violations as set forth in Section 10-21(a)(3), Offenses against public peace, order, and safety, violations of the requirements set forth in this Section shall be punishable as outlined in Section 16-266 regarding violations and Section 16-268 regarding fines. Repeated violations are addressed in Subsection (10) below.

(8)

Nothing herein shall prevent Homeowner's Associations or site-specific land use approvals from containing more restrictive requirements related to short-term rental of dwelling units.

(9)

Each short-term rental business license issued by the Town shall contain a short-term rental business license number. The short-term rental business license number shall be included in all advertising related to renting a dwelling on a short-term basis.

(10)

In the instance that there are violations of the Town's nuisance provisions or the regulations for short-term rental of dwelling units as set forth herein, as evidenced by three (3) written complaints or tickets from the Police Department that the Town Manager determines to be valid and substantiated violations, the Town Manager shall revoke the individual dwelling's short-term rental business license. In the event that a short-term rental business license is revoked by the Town, the property owner may not apply to rent the dwelling unit on a short-term basis again for one (1) year from the date of revocation. Enforcement shall be conducted on the short-term rental of dwelling units that do not have a short-term rental business license as discussed in Subsection (11) below.

(11)

Offering a dwelling unit for rent on short-term basis without a current short-term rental business license shall be considered a zoning violation and shall be subject to the fines and penalties as discussed in Town Code Section 16-268, Penalty for violations. Any property owner who offers a dwelling unit for rent on a short-term basis that is not permitted for rental on a short-term basis shall be considered to be in violation of Section 16-203(c)(1) and subject to prosecution in municipal court.

(12)

Any agent, representative, or property manager for a property owner who knowingly assists an owner in advertising or renting a dwelling unit on a short-term basis that is not permitted under Section 16-203(c)(1) shall be subject to prosecution in municipal court. In addition, the agent, representative, or property manager's Town of Basalt short-term rental business license may be subject to revocation.

(13)

The Town may seek an injunction in addition to other remedies and penalties provided for by the Town Code or available law in the event a residential dwelling is being rented without a short-term rental business license.

(Ord. 29 §8, 1990; Ord. 5 §§6, 7, 1997; Ord. 12 §B37, 2003; Ord. 07 §§5(Exh. E), 6(Exh. F), 2012; Ord. 23 §2(Exh. A), 2022; Ord. 08, §3(Exh. B), 2024)

Editor's note— Ord. 07, § 5(Exh. E), adoped June 26, 2012, changed the title of § 16-203 from "Renting of rooms" to read as herein set out.

Fences, hedges and walls may be permitted in the required yard areas of any district subject to the following conditions and requirements:

(1)

All fences and walls are subject to the applicable sections of the building code adopted in Chapter 18 of this Code.

(2)

No fence, hedge or wall may extend beyond or across a property line unless with the joint agreement of the abutting property owners. It shall be the responsibility of the property owner to locate all property lines.

(3)

No fence, hedge or wall shall be placed nearer than twelve (12) inches from a public sidewalk.

(4)

No barbed wire or sharp-pointed or electrically charged fence shall be permitted, with the exception that in the Industrial (IN) Zone only, up to three (3) strands of barbed wire may be attached to the top of a minimum six (6) foot high fence, for security purposes.

(5)

Fences, hedges or walls shall not exceed six (6) feet in height except in the Industrial Zone District. The height shall be measured at the finished grade on the side of the fence nearest the street or abutting property.

(6)

Fences located within the required front yard setback shall not exceed four (4) feet in height. In addition, on corner lots, any obstruction of any nature whatsoever over thirty (30) inches in height shall not be allowed within the sight triangle established for the adjacent intersection except for trees with branches and foliage removed to a height of seven (7) feet above the ground and open wire fencing that does not obscure more than ten percent (10%). Said sight triangle shall be determined in accordance with Appendix A.

(Prior code 70-88; Ord. 10 §7, 1991; Ord. 13 §6, 2008)

(a)

Swimming pools may be located in any zoning district as an accessory use, provided that such pools are situated on a lot, tract or parcel in a manner which is not detrimental to the health, safety and welfare of the users of the pool or the adjacent property owners.

(b)

All swimming pools shall be completely enclosed with a minimum of a four (4) foot high fence, or be elevated at least four (4) feet above the ground level.

(c)

Gates, ladders or entrances to the swimming pool areas shall be kept closed and made inaccessible without the knowledge and consent of the owner.

(Prior code 70-89)

(a)

An application for a special review approval for a bed and breakfast establishment shall follow the procedures outlined in Article III of this Chapter.

(b)

Criteria. All bed and breakfast establishments shall, in addition to any other applicable requirements, meet the following criteria:

(1)

A proprietor or manager shall be required to reside on the premises, with the exception that the TRC may waive this requirement if it finds that the intent of this condition is satisfied. The primary intent of on-site management is to provide twenty-four-hour-per-day access to management to ensure a level of service typically associated with lodging and to ensure operation of the bed and breakfast in a manner compatible with the neighborhood, including residential uses. The applicant may appeal the decision of the TRC to the Town Council.

(2)

Parking shall be provided in the form of at least one (1) off-street parking space per guest room; one (1) employee space and any parking required for the primary residence pursuant to Section 16-91, Off-street parking spaces required.

(3)

Meals shall be served only to permanent residents, overnight guests and their guests unless approved through special review approval.

(4)

The maximum length of any guest's stay shall not be more than twenty-nine (29) days.

(5)

Unless prohibited by other provisions of this Code, underlying zoning or the special review approval for the bed and breakfast facility, special events shall be allowed as long as they are entirely contained within the limits of the property (including parking). Special events that extend beyond the confines of the property or require variation from Town provisions shall obtain approval from the Town Manager. The Town Manager shall have the authority to refer such requests to the TRC or any other group established to review special events in the Town and to develop procedures governing such activities. Special event requests must be submitted to the Town Manager at least thirty (30) days prior to the event. Allowance of special event requests by the Town Manager does not preclude the need to obtain other applicable permits such as liquor licenses or building permits.

(6)

Other accessory commercial uses within less than three hundred (300) square feet of floor area shall be allowed on the property so long as they remain secondary to the operations of the bed and commercial uses that exceed three hundred (300) square feet may be approved through a special review approval if permitted by the underlying zoning designation. Exterior signage to advertise commercial uses shall not be permitted.

(7)

Any signage on the subject property shall be non-illuminated, shall architecturally complement the principal structure and shall comply with the provisions of Article VII of this Chapter.

(c)

Denial of a special use approval for a bed and breakfast establishment or a waiver of the on-site manager provisions of Subsection (b) above. In addition to any other legal basis for denial, a special use approval or waiver of the on-site manager provision may be denied for any of the following reasons:

(1)

The special review application does not meet the criteria established in Subsection (b) above.

(2)

The special review application does not meet the criteria established in Article III, Special Review Application Requirements and Procedures.

(3)

The special review application will have an adverse impact on the traffic or parking patterns of the neighborhood.

(4)

The special review application will have an adverse effect on the existing residential character of a neighborhood.

(Prior code 70-90; Ord. 13 §3, 2008)

Heating and air conditioning equipment shall be maintained in good working order as determined by the Chief Building Official so as not to become a nuisance to neighboring property owners and tenants. In such cases where equipment is not in good working order and is making significant noise, enforcement may be conducted under Town Code Section 10-21(a)(3), Offenses against public peace, order, and safety. Violations of the requirements set forth in this Section shall be punishable as outlined in Section 16-266 regarding violations and Section 16-268 regarding fines.

(Ord. 06 § 1(Exh. A), 2014)