Castle Rock City Zoning Code
CHAPTER 17
48 SUPPLEMENTARY USE PROVISIONS
§ 17.48.020 Fences and foliage – Compliance required.
It is unlawful to erect or maintain any fence or plant or maintain any foliage in any residential zone contrary to the terms of this chapter.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.030 Corner and mid-lot sight line setbacks.
A.
Visibility at Corner Building Sites. All corner building sites located in all use districts that require a front and side yard shall maintain a clear triangle at the intersection of the street rights-of-way to assure traffic safety. No building, structure, object or growth over 36 inches in height, measured from the mean grade of the intersecting streets, shall be allowed within this triangle, except that a chain link fence no greater than 48 inches in height may be approved by the city engineer upon finding that safe visibility will not be compromised. The triangle shall be computed as follows: Starting at the apex of the intersecting street rights-of-way, measuring down the triangle legs 25 feet; the base of the triangle shall be found by drawing a straight line connecting the triangle legs. The land inside the triangle shall be regulated for visibility (see Figure 3).
B.
Visibility at Mid-Lot Sites. All other lots not identified as corner lots shall be considered as mid-lots for the purpose of sight line development and regulation. The mid-lot sight line setback area shall be computed as follows: Starting at the intersection of the driveway centerline and the fronting street lot line, measure 15 feet in opposite directions. From these points draw a straight 45-degree line back to the driveway centerline. The land inside the triangle shall be regulated for visibility. No building, structure, object or growth over 36 inches in height, as measured from the mean grade off the fronting street, shall be allowed in this triangle.
Figure 2. Mid-Lot Visibility Triangle |
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Figure 3. Corner Visibility Triangle |
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(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.035 Front yard visibility.
A.
Front Yards. The height of fences and foliage shall be limited to 48 inches within the minimum front yard area and within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon the lot; provided, however, that the hearings examiner may allow a fence or foliage not to exceed 72 inches in height within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon the lot and to the rear of the frontmost portion of the house upon the lot immediately adjoining the fence or foliage, upon completion of the following steps:
1.
Upon written application of the record or contract purchaser in possession, with the written concurrence of the record owner or contract purchaser in possession of the property immediately adjacent to the fence or foliage; and
2.
After a finding by the hearings examiner that such fence or foliage would not be detrimental to health, safety, or the general welfare;
3.
A suitable gate shall be provided with a minimum width of three feet leading into the side yard on each side of the house.
B.
Rear Yards. The height of fences and foliage within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon the lot or within the minimum rear yard area shall not exceed 72 inches; provided, however, that where any area shall immediately adjoin a portion of a neighboring lot within which the height of fences and foliage shall be limited to less than 72 inches, the height of fences and foliage allowable in the areas shall not exceed the maximum height of fences and foliage allowable in the adjoining portions of the adjoining lot.
C.
Security Fencing. Fence height of more than 48 inches may be used for security purposes around any commercial, industrial and public facility building on grounds necessary for public security and protection.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.040 Fences and foliage – Height measurement variance.
All heights of fences and foliage shall be measured from curb, alley grade or from the average grade of lowest area of subject property; provided, however, that in the case of common lot lines when such measurements shall be determined to be unreasonably restrictive, the hearings examiner may allow such variances as to the height of fences or foliage as he/she shall determine to be within the intent of this requirement.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.050 Accessory building yard requirements.
Accessory buildings not over 18 feet in height may be erected in a rear yard; provided, however, that together with the principal building, the accessory buildings do not cover more than 70 percent of the lot site. Accessory buildings shall be five or more feet from the main building and five feet from the rear property line and shall be set back 12 feet from the centerline of an alley where the entrance to the garage or carport, or other accessory building, is facing the alley. In the case of double frontage lots, buildings shall be located no closer to either street lot line than the depth of the required front yard. Accessory buildings shall provide the same side yard setbacks required of the principal building within the district in which they are located and no accessory buildings shall be erected in a required front yard.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.060 Height limit exceptions.
The following types of structures or structural parts are not subject to the building height limitations of this title: aerials, belfries, chimneys, church spires, cupolas, domes, elevator shafts, fire and hose towers, flag poles, monuments, observation towers, radio and television towers, smokestacks, transmission towers, water towers, windmills, and other similar projections.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.070 Projections from buildings.
Cornices, eaves, gutters, sun shades, and other similar architectural features may not project more than two feet into a required yard.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.080 Similar use authorizations.
The hearings examiner may rule that a use not specifically named in the allowed uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the allowed uses; however, this section does not authorize the inclusion of a use in a district where it is not listed, when the use is specifically listed in another district. Consideration of a similar use requires a Type IX development review process, the application materials and procedures for which are provided in CRMC § 17.77.040.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.090 Artificial lighting.
Artificial lighting on any lot, building, structure, or parking area shall be oriented away from adjacent residential properties.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.100 Utility structures.
Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, and similar development necessary for the operation of utilities shall comply with the following requirements:
A.
If the installation is housed in a building, the building shall conform architecturally with surrounding buildings or the type of building that is likely to develop in the use district.
B.
Any unhoused installation on the ground, or housed installation that does not conform to the architectural requirements of subsection (A) of this section, shall be surrounded by a sight-obscuring planting.
C.
An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a wire fence at least eight feet in height.
D.
All buildings, installations, and fences shall observe the yard requirements for building within the district in which they are located, except that in residential use districts, the side yards shall not be less than 15 feet.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.110 Quasi-public building yard and parking requirements.
Churches, institutions, clubs, and similar quasi-public buildings in the residential use district shall cover not more than 50 percent of their lot. Side yards shall each be a minimum of 10 feet. Off-street parking shall be required to meet the requirements of Chapter 17.52 CRMC.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.120 Home occupations – Applicability.
A.
Purpose. The purpose of this section is to prescribe the conditions and regulations under which home occupations may be conducted when accessory to a residential use. The conduct of business within a residential dwelling or accessory building may be permitted in residential and commercial districts under the provisions of this section as long as the home occupation is consistent with the existing character of the surrounding neighborhood as defined by the approval criteria in CRMC § 17.48.130. Using the approval criteria, it is the intent of this section to:
1.
Maintain and preserve the character of residential neighborhoods;
2.
Ensure the compatibility of home occupations with other uses permitted in the residential and commercial districts;
3.
Promote the efficient use of public services and facilities while assuring that home occupation users do not reduce the city's public services and facilities level of service to intended residential users; and
4.
Encourage flexibility in the workplace and creativity in careers by permitting home occupations.
B.
Permitted Home Occupation Uses. The following home occupations and other operations similar in nature may be operated as an accessory use to a dwelling unit:
1.
Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and home furnishing;
2.
Teaching of piano, voice or dancing, limited to a total of six pupils simultaneously;
3.
Fine art studio in which are created only individual works of art;
4.
Rooming and boarding of not more than four persons, exclusive of the resident family;
5.
Beauty salon, provided the business is limited to the operations of two dryers;
6.
Offices staffed only by resident of dwelling unit;
7.
Any use not mentioned will be reviewed against the home occupation required criteria and deemed a home occupation by the city planner or his/her designee;
8.
All types of services and commercial businesses, providing they meet all of the requirements of this section after having the compatibility of the enterprises ascertained by the hearings examiner.
C.
Prohibited Home Occupation Uses. The following uses, regardless of whether they meet the standards of CRMC § 17.48.130, are not permitted as home occupations:
1.
Veterinary clinics, animal hospitals, or kennels;
2.
Equipment rental;
3.
Funeral chapels, mortuaries, or funeral homes;
4.
Wedding chapels;
5.
Medical or dental clinics;
6.
Repair or painting of automobiles, motorcycles, trailers, boats, or other vehicles;
7.
Repair of large appliances (e.g., ranges, ovens, refrigerators, washers, dryers, and the like);
8.
Repair of power equipment (e.g., lawn mowers, snow blowers, chainsaws, string trimmers, and the like);
9.
Restaurants; and
10.
Welding or metal fabrication shops.
D.
Exempt. If the home occupation is limited to those activities which involve professional remote office work for a business conducted elsewhere, has no outward manifestation of the business, and no customers or employees coming to the home, it shall be considered "exempt." An exempt home occupation shall be considered an accessory use and permitted outright with no land use permit required.
(Ord. 2018-02 § 2 (Exh. A), 2018; Ord. 2023-01, 2023)
§ 17.48.130 Home occupations – Required criteria.
A.
Development Requirements. Failure to comply with any or all of the following development standards will result in revocation of the home occupation permit. The director shall have authority to place such restrictions and conditions on the permit as deemed necessary to protect the neighborhood from any detrimental effect which may arise from the proposed use. Once a home occupation permit has been issued, it shall not be transferable to another person or location, nor shall the specified conditions be changed in any manner except upon reapplication. If, after issuance of the permit, the use violates any of the conditions of the permit, or if the director otherwise finds the use to have a detrimental effect on the surrounding neighborhood, the director shall have the authority to place additional restrictions on the permit or to revoke the permit and order the use abated.
B.
Criteria. All permitted home occupations shall comply with the following criteria:
1.
Business License. All home occupations shall be required to obtain a business license as provided for in Chapter 5.01 CRMC. Consideration of a home occupation business license requires a Type I development review process, the application materials and procedures for which are provided in CRMC § 17.77.040. Thereafter all home occupations shall be required to renew the business license each year from the city clerk-treasurer's office and, upon review by an authorized representative of the city, shall:
a.
Either be allowed to continue if found to be conforming to this title or any conditional use requirements;
b.
Be allowed to continue with corrective modifications made by the applicant if found to be nonconforming to any requirements of this title or any conditional use requirements; or
c.
Be discontinued for cause if found to be nonconforming to this title or any conditional use requirements and, despite modifications, the use is not capable of conformance.
2.
Inspection. An inspection shall be required upon the initial application to confirm compliance with this chapter. Additionally, the city clerk-treasurer or designated representative may inspect the location of the home occupation at any time during the year if there is reason to believe that the provisions of this title are not being obeyed or if changes have occurred to the structure that could have altered compliance with this chapter. For example, a complaint is made against the home occupation or possible inappropriate activities are observed by city staff. If the home occupation is not in compliance with this section then the alternatives listed in subsection (A) of this section shall apply.
3.
Building Code Compliance. The home occupation shall not result in an increase in the life safety hazard rating of the subject property as defined in the building and fire code. The applicant shall produce copies of a floor plan in accordance with the requirements listed in CRMC § 17.77.040.
4.
The home occupation is to be secondary to the main use of the dwelling as a residence or a single residential accessory building.
5.
The home occupation does not generate, in excess of levels customarily found in residential neighborhoods in the city, any vibration, smoke, dust, odors, noise, electrical interference with radio or television transmission or reception, or heat or glare that is noticeable at or beyond the property line of the subject property.
6.
No entrance to the space devoted to the home occupation other than from within the dwelling or accessory building shall be allowed except when otherwise required by law.
7.
A maximum of two persons may be engaged in the home occupation, provided the business owner resides in the dwelling unit associated with the home occupation.
8.
Window displays or sample commodities displayed outside the home or accessory structure may be permitted as a conditional use or a temporary use permit if associated with a temporary sale or event.
9.
Home occupation signs shall meet the standards in Chapter 17.82 CRMC.
10.
No materials or mechanical equipment shall be used which will be detrimental to or cause adverse effects to the residential use of the dwelling, accessory building, adjoining dwellings, or neighbors because of vibrations, noise, dust, smoke, odor, interference with radio or television reception, or other factors.
11.
No materials or commodities shall be delivered to or from the resident which are of such bulk or quantity as to require delivery by a commercial vehicle or trailer, excluding such small delivery vehicles as the United States Postal Service, UPS, Federal Express, Pony Express and other similar services.
12.
The type of use, as determined by the city director of public works, shall not be one which generates frequent customer visits, creates street-side parking problems or inconveniences to adjacent and nearby residents, or creates potential or real traffic hazards to neighborhood residents.
13.
Materials, products or commodities related to the home occupation may be stored and/or operated upon any yard area of the subject residential property as a conditional use.
14.
Fees for home occupation business licenses, conditional use permits and required inspections shall be set forth in a fee schedule as determined by the city council.
(Ord. 2018-02 § 2 (Exh. A), 2018; Ord. 2019-01 § 3 (Att. B), 2019; Ord. 2023-01, 2023)
§ 17.48.140 Home occupations in accessory buildings – Permit required.
Repealed by Ord. 2023-01.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.150 Home occupations – Fronting residential arterial streets.
Repealed by Ord. 2023-01.
(Ord. 2018-02 § 2 (Exh. A), 2018)
§ 17.48.160 Bed and breakfasts.
A.
Purpose. The purpose of the bed and breakfast conditional use is to ensure that transient lodging provided within a single-family unit located in a residential district be compatible with the residential character of the neighborhood and the surrounding residences.
B.
Applicability. A conditional use permit in accordance with the provisions of this section is required for all bed and breakfasts occurring in residential use districts. Consideration of a bed and breakfast conditional use requires a Type V development review process, the application materials and procedures for which are provided in CRMC § 17.77.040.
C.
Development Standards. All bed and breakfasts shall comply with the following development standards: All bed and breakfasts shall be located in single-family residences and shall exhibit no outward appearance of a business or of a nonresidential nature other than permitted signs.
1.
A bed and breakfast operator or manager shall live on the premises during those times that the establishment is occupied by guests.
2.
A bed and breakfast with four or fewer rooms for let shall provide one off-street parking space for each guest bedroom. Bed and breakfasts with more than four rooms for let shall provide one off-street space for each guest bedroom and each employee that does not reside at the establishment. These additional required off-street parking spaces shall be in addition to those required for a single-family home.
3.
All off-street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties.
4.
All bed and breakfasts shall comply with the applicable local and state fire and health codes.
5.
Bed and breakfast licenses or permits shall not be transferable to new locations or individuals.
6.
Bed and breakfasts shall have no more than 10 bedrooms.
7.
Size and area requirements:
Number of Bedrooms to Let | Minimum Lot Area |
|---|---|
1 – 4 | 1 lot |
5 – 7 | 2 lots |
8 – 10 | 1 acre |
8.
The addition of outdoor accessory activities and facilities, e.g., swimming pools, saunas etc., after initial issuance of the license for a bed and breakfast facility shall require special permit approval from the city's hearings examiner. Requests for such activities and facilities shall be made through the city clerk-treasurer's office.
9.
Paying guests may not reside at any single bed and breakfast for more than 90 days in any one calendar year.
10.
A special use permit must be obtained from the city council for special events that require additional facilities not normally required for the operation of a bed and breakfast a minimum of four weeks prior to the event.
D.
Application Procedure. Consideration of a conditional use permit for a bed and breakfast requires a Type V development review process, the application materials and procedures for which are provided in CRMC § 17.77.040.
E.
Permit Limitations. The conditional use permit shall be valid only for so long as the bed and breakfast complies with the requirements of this section and the conditions of approval.
F.
Permit Revocation. In addition, the city clerk-treasurer may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if it is found that:
1.
The applicant or permittee has violated or failed to meet any of the provisions of this section or conditions of the permit; or
2.
Any required licenses have been suspended, revoked or canceled. Upon denial, suspension or revocation, the city clerk-treasurer shall notify the applicant or permittee in writing of the action he/she has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not ceased operation within 30 days, the city clerk-treasurer, or his/her designee, shall initiate procedures to close the bed and breakfast found in violation of this section.
G.
Penalties. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00. Each day that a violation continues shall constitute a separate offense.
(Ord. 2018-02 § 2 (Exh. A), 2018)
