A.

No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied except in conformity with all regulations established in the Castle Rock Municipal Code, including this Title.

B.

No person and no officer or employee (either as owner or as participating principal, agent, servant or employee of such owner) shall sell, rent or lease or offer or attempt to sell, rent or lease any land or structure upon the representation that such land or structure may be used or occupied in a manner or for a use prohibited by this Title.

C.

No permit, certificate, license or other document or oral approval shall be issued by any department, agency or officer of the Town in violation of this Title. Any such approval issued in contravention of the express provisions or requirements of this Title shall be void and unenforceable against the Town.

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

The interpretation and application of the provisions of this Title shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this Title are at variance with the requirements of the Castle Rock Municipal Code or any other lawfully adopted rule, regulation, or ordinance, the more restrictive or that imposing the higher standards shall govern.

B.

All Town ordinances and regulations of general applicability, as the same are amended from time to time, shall apply to and be enforceable in all Zoning Districts, including the Planned Development Zoning District (PD). Accordingly, the Town ordinances and regulations shall govern and control over any conflicting provisions in the PD Zoning Regulations or other development standards unless such conflicting provision is vested as an express development right under Chapter 17.08.

C.

To the extent any provision of this Title or any provision of a planned development is inconsistent with any federal or state legal requirement (a "Controlling Legal Requirement"), then this Title, and any provision of any planned development, are intended to be and shall be interpreted to be consistent with such Controlling Legal Requirement. To the extent any Controlling Legal Requirement, when properly interpreted, would create additional requirements (e.g. reasonable accommodations or waiver of otherwise valid provisions), then this Title, and any provision of any planned development, are intended to be and shall be interpreted to be consistent with such Controlling Legal Requirement. Such Controlling Legal Requirements may include, but are not limited to, the Fair Housing Act, the Americans with Disabilities Act, Religious Land Use and Institutionalized Persons Act, Telecommunications Act, and any amendments or regulations related thereto. The Director has the authority to interpret provisions of this Title and planned developments to be consistent with all Controlling Legal Requirements by administrative decision. The Director also has the authority to determine and grant reasonable accommodation requests, pursuant to the Americans with Disabilities Act.

(Ord. No. 2019-028, § 1, 9-17-2019)

This Title shall be enforced by the Town and its authorized officers, agents and representatives. Town officials may seek enforcement of this Title by injunctive or other equitable relief as necessary to protect the public health, safety and welfare.

(Ord. No. 2019-028, § 1, 9-17-2019)

For the purpose of this Title, certain words or phrases are defined as set forth below. Certain other terms are defined within the other Chapters of this Title. When not inconsistent with the content, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and the masculine includes the feminine.

CRMC means the Castle Rock Municipal Code, as amended from time to time.

Development Procedures Manual means the document referenced in Chapter 15.46, CRMC.

Development Services Department means the Town's department of Development Services that has the responsibilities for the Town planning and zoning function.

Director/Director of Developments Services means the Town's Director of Development Services or duly authorized representative.

Manager means the Town Manager or duly authorized representative.

Person includes association, firm, partnership or corporation.

Planning Commission means the Town Planning Commission.

Town Council means the Town of Castle Rock Town Council.

(Ord. No. 2019-028, § 1, 9-17-2019)

The following activities or land uses are prohibited in all Zoning Districts:

A.

Marijuana establishments as defined and proscribed under Chapter 5.06 of this Code.

B.

Medical marijuana businesses, including medical marijuana centers, optional premises cultivation and medical marijuana-infused manufacturer operations, as proscribed under Chapter 5.07 of this Code.

C.

Cultivation of marijuana for medicinal or personal use which is not in strict compliance with the requirements and regulations set forth in Chapter 5.18 of this Code.

D.

Delivery of retail marijuana and retail marijuana products as defined and proscribed under Chapter 5.06 of this Code.

E.

Delivery of medical marijuana and medical marijuana products as defined and proscribed under Chapter 5.07 of this Code.

(Ord. No. 2024-001, § 7 2-6-2024; Ord. No. 2019-028, § 1, 9-17-2019)