The regulations set forth in this Chapter supplement the requirements specified in other sections of this Title and are generally applicable to all Zoning Districts.

(Ord. 2012-18 §1)

Where an individual lot was held in separate ownership from adjoining properties before March 3, 1955, and has less area and/or less frontage that required in other chapters of this Title, such a lot may be occupied by not more than one dwelling; provided that in no event shall any such lot have a frontage of less than forty-five feet and the minimum required side yard in all R districts shall be five feet. For the purposes of this exception, two adjoining platted lots with widths of twenty-five feet each shall be considered to be one lot.

(Ord. No. 2015-06, § 3, 2-17-2015; Ord. 2012-18, §1)

A zoning lot boundary shall be coterminous with the platted lot boundary. Combining lots for zoning and site development purposes shall require the submission, approval and recording of an appropriate replat for the subject lots.

(Ord. 2012-18 §1)

No part of an area or frontage required for a lot for the purpose of complying with the provisions of this Title shall be included as an area or frontage required for another building.

(Ord. 2012-18 §1)

The height limitations of this Title shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, to chimneys, ventilators, skylights, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level.

(Ord. No. 2019-028, § 6, 9-17-2019; Ord. 2012-18 §1)

A.

Reduction. No part of a yard required for any building for the purpose of complying with the provisions of this Title shall be included as a yard for another building, and all yards shall be open and unobstructed, except as otherwise provided in this Title.

B.

Architectural Features. Cornices, canopies, eaves, fireplaces, bay windows or similar architectural features may extend into a required yard not more than two feet.

C.

Porches. Open, unenclosed, uncovered porches up to thirty inches above ground level may extend into a required yard not more than six feet. All other porches or decks shall not extend into any required yard.

D.

Fire Escapes. Fire escapes may extend into a required yard not more than six feet.

E.

Handicap ramps and lifts that provide accessibility to a structure may extend into a require yard setback.

(Ord. No. 2019-028, § 7, 9-17-2019; Ord. 2012-18 §1)

The side yard along the street side of a reversed corner lot shall not be less than the required front yard for principal buildings on the adjoining lot along such a side street. No side yard along a street shall be less than ten feet.

(Ord. 2012-18 §1)

A.

Accessory Buildings. Permitted accessory buildings may be located in the required rear yard for a principal building, except as restricted elsewhere in this Title.

B.

Public utility facilities. Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements.

(Ord. 2012-18 §1)

Unless approved by the Town Council, all new structures and/or uses shall be connected to the Town's central water and sewerage system.

(Ord. 2012-18 §1)

In all newly zoned and developed areas, all new utility placements shall be underground unless specifically waived by the Town Council. Electric transmission lines of sixteen kV or greater capacity are exempt from this requirement due to the prohibitive cost of undergrounding such facilities.

(Ord. 2012-18 §1)

Sight Visibility Triangle shall be applied as defined in the Transportation Design Criteria Manual.

(Ord. 2012-18 §1)

A.

Fences up to seventy-two inches in height are permitted anywhere on the zone lot except within the front yard setback, in which case the maximum allowable height is forty-eight inches.

B.

Barbed wire fencing is not allowed to be used within any zone district within the Town, except that up to four strands may be allowed on the top of security fencing in Industrial Zoning Districts.

C.

Electrified fences are not allowed to be used within any Zoning District within the Town.

(Ord. 2012-18 §1)

Where a commercial or industrial use abuts a legal, conforming residential use located within a residential zone district, a physical barrier in the form of an opaque fence, wall or coniferous landscape screen shall be provided to adequately buffer the residential use.

(Ord. 2012-18 §1)

Outdoor display shall mean the display of products to be sold directly to the ultimate consumer normally and naturally incidental to, and located on the same lot as the principal permitted use. Outdoor display of merchandise may be located within the front yard or the side yard abutting a public right-of-way where outdoor storage or display are not prohibited by the respective PD Ordinance or Overlay, provided that it meets the following criteria:

A.

Such display requires an approved Site Development Plan.

B.

Such display is clearly related to the commercial use conducted inside the principal building.

C.

Such display shall be located within the confines of the retailer's owned or leased property.

D.

A minimum width of 42-inches must be continuously maintained and unobstructed on the sidewalk or entrance into the principal building or any other designated sidewalks or pedestrian paths, as shown on the approved Site Development Plan for Americans with Disabilities Act (ADA) compliance.

E.

Such display of merchandise is not located in designated or required landscaped areas, parking lots or drive aisles.

F.

Such display does not obstruct or otherwise interfere with visibility at intersections as required by Section 17.52.120 above.

G.

Outdoor display of merchandise on exterior walls of buildings is not considered signage.

(Ord. 2012-18 §1)

Outdoor storage means the storage of products, supplies, materials and equipment in other than a fully enclosed structure. Unless expressly exempted by this Title, all uses shall be operated within a completely enclosed structure or screened area. Outdoor storage, where permitted, shall be enclosed by a fence or other appropriate treatment which shall be adequate to conceal such facilities from adjacent property. Automobiles and other vehicles for sale, boats, trailers and nursery stock are exempt from this screening requirement.

(Ord. 2012-18 §1)

Dumpsters and other kinds of trash containers must be adequately screened from view except for residential curbside trash service.

(Ord. 2012-18 §1)

A.

All rooftop mechanical equipment (excluding rooftop energy devices) shall be screened from view by the use of compatible and appropriate materials similar to the primary building materials. Rooftop screening will only be required to screen equipment from view at the finished grade of the developed building site, or the equivalent grade on the adjacent portion of contiguous building sites. Where rooftop mechanical equipment cannot be adequately screened because of elevation changes or higher buildings in the vicinity, then screening accompanied by compatible painting of equipment is permissible. Compatible painting of equipment is required for all rooftop energy devices.

B.

Special equipment, such as silos, dust collectors, cooling towers or other similar structures, shall be sited at the rear of the lot, adjacent to the primary building.

(Ord. 2012-18 §1)

Every use shall be so operated that it does not emit any obnoxious or dangerous degree of heat, glare, radiation, fumes or odors beyond any boundary line of the site on which the use is located.

(Ord. 2012-18 §1)

Chapter 9.16 of this Code regulates noise and vibration levels within the Town. However, Chapter 9.16 specifically exempts industrial (I-1 and I-2) zoned properties from certain noise level restrictions. The following noise and vibration standards apply to industrial zoned properties within the Town:

A.

Noise.

1.

Subject to Paragraph 2 below, every use in an industrial district, unless expressly exempted by this Chapter, shall be operated so that the volume of sound inherently and recurrently generated by the use does not impact contiguous residential, commercial, office or industrial zoned property in excess of the following standards as measured from any point on the boundary line of the site on which the use is located:

___________

___________

2.

It is unlawful for any person or entity to generate any noise or to allow the generation of any noise which causes the noise level to exceed the applicable noise standard on any industrially zoned property that is owned, leased, occupied or otherwise controlled by an entity.

a.

These limits may be exceeded by ten dBA for no longer than fifteen minutes in any one-hour period.

b.

Periodic, impulsive or predominant tones consisting of speech, music or shrill sounds shall be unlawful when the noise levels reach five dBA less than those specified in Subparagraph a. above.

c.

In the event that the sound course affects different abutting zones, the standards for the more restrictive zone shall apply.

d.

Any site plan which includes industrial development abutting a residential zone must show how any noise impact on the residential area will be mitigated.

e.

With respect to any industrially zoned property on which active industrial uses predate residential or commercial uses, the applicable noise standard shall not exceed 70 dBA. Such levels may be exceeded only pursuant to Subparagraphs a. and b. above.

B.

Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the site on which the use is located.

(Ord. 2012-18 §1)

A.

Incidental only to a use by right, any use which complies with all of the following conditions may be operated as an accessory use. Accessory uses need not be enclosed unless they would require enclosure in accordance with other regulations herein. To be an accessory use, it must:

1.

Be clearly incidental and customary to and commonly associated with the operation of the use by right.

2.

Be operated and maintained under the same ownership and on the same lot as the use by right.

3.

Not include structures or structural features inconsistent with the use by right.

4.

Not include residential occupancy.

B.

If operated partially or entirely in detached structures, the gross floor area of such detached structures shall not exceed 10% of the area of the lot; provided, however, that this limitation shall not apply to detached garages or detached carports used exclusively by occupants of structures containing the use by right or by persons employed in such structures.

C.

If operated partially or entirely within the structure containing the use by right, the gross floor area within such structure utilized by accessory uses (except garages and dining rooms for the exclusive use of occupants or persons employed in the structure) shall not be greater than:

1.

20% of the gross floor area, but not to exceed 300-square feet, of a single unit dwelling;

2.

10% of the gross floor area of a structure containing any use by right other than a single unit dwelling.

(Ord. 2012-18 §1)

Communication/satellite dishes may be located on any property as an accessory use thereto, provided that they meet the following criteria:

A.

The diameter of the dish cannot exceed 10-feet unless located in an industrial zone.

B.

The mounting post for the dish cannot exceed in height the radius of the dish.

C.

The installation of the dish must be in compliance with any and all state and federal regulations.

D.

The dish must be located to the rear of any residence on a residential lot and in the rear one-half of any lot zoned for any other use.

E.

The dish must meet all setback requirements for an accessory structure, and, prior to receiving a building permit, the owner must submit and have approved a plan for screening or landscaping to eliminate any adverse visual effects toward neighboring properties.

(Ord. 2012-18 §1)

A.

A home occupation is a business, profession, occupation or trade conducted entirely within a residential principal or accessory building, which use is accessory, incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building or the neighborhood and is compatible with other permitted uses.

B.

A home occupation is a permitted accessory use in any R1, R-1A, R-2, R-3, MH or residential uses within Planned Developments (PD) Zoning Districts, subject to the following regulations:

1.

Such use is conducted entirely within a principal or accessory building;

2.

Such use shall be conducted only by the occupants thereof plus not more than one nonresident employee;

3.

Such use shall be clearly incidental and secondary to the use of the residence as a dwelling and shall not change the residential character thereof;

4.

The total area used for such purpose does not exceed the limitations of subsection 17.52.210.C, except that this requirement shall not apply to those home occupations that meet the definition of "Daycare, in-home small;"

5.

There shall be no change in the outside appearance of the dwelling unit or lot indicating the conduct of such home occupation including, without limitation, advertising signs or displays;

6.

The operation of any wholesale or retail business is prohibited unless it is conducted entirely by mail (U.S. Postal Service, United Parcel Service and the like) or such wholesale or retail sales on the premises is not substantial. However, one onsite retail sales event may occur once per calendar week (e.g., Tupperware party). Incidental sales of products shall be permitted (e.g., instructional books sold in conjunction with music lessons);

7.

There shall be no outside storage on the premises of materials or equipment used in connection with the home occupation;

8.

There shall be no excessive or offensive noise, vibration, smoke, dust, odors, heat, glare or light noticeable or extending beyond the lot;

9.

Traffic shall not be generated which significantly affects the residential character of an area or in a volume that would create a need for parking greater than that which can be accommodated on the site or which is inconsistent with the normal parking usage of the Zoning District; and

10.

Such use shall comply with an applicable development guide, building code, fire code, health regulation or any other local, state or federal regulation. The permission granted or implied by this section shall not be construed as an exemption from such regulation.

C.

The following uses are not considered home occupations:

1.

Motor vehicle repair and motor vehicle body shops;

2.

Medical or dental clinics, hospitals;

3.

Personal services such as beauty and barber shops, tattoo, and massage services;

4.

Bed and breakfast establishments;

5.

Animal clinics, hospitals, or grooming establishments; or

6.

Retail businesses or any similar uses generating more than occasional or minimal vehicular traffic.

D.

In the event of a conflict between the provisions of this Chapter 17.52 and the covenants, conditions and restrictions of record applicable to the subject property, the more restrictive provision(s) shall govern and control.

E.

In the event that any of the regulations in this section conflict with the Planned Development zoning regulations, these regulations shall supersede and govern.

F.

All home occupations shall apply for and obtain a Business and Tax License from the Town of Castle Rock before commencing operation.

(Ord. No. 2015-37, § 2, 9-1-2015; Ord. 2012-18 §1)

Editor's note— Ord. No. 2019-028, § 8, adopted September 17, 2019, amended § 17.52.240 in its entirety to read as herein set out. Former § 17.52.240, pertained to accessory uses; domestic noncommercial beekeeping, and derived from Ord. 2012-18 §1.