This Chapter establishes the zoning districts and contains basic information pertaining to the districts, including statements of purpose and dimensional standards and identifies the uses allowed within the districts.

(Ord. 395 §3, 2016)

   For the purposes of this Chapter, the City is hereby divided into districts, as follows:

   (a)   R-1: Residential District, Single-Family;

   (b)   R-2: Residential District, Two- Family and Multi-Family;

   (c)   B-1: Downtown Business District;

   (d)   B-2: Highway Mixed Use District;

   (e)   MH: Mobile Home Park District;

   (f)   C: Commercial District;

   (g)   I: Industrial District; and

   (h)   O: Open District.

(Ord. 395 §3, 2016)

   (a)   The location and boundaries of the zoning districts established in §9-4-20, Districts Established, are set forth on the zoning district map of the City. The City of Creede Zoning Map, along with all of the notations, references and other information shown on the map, is incorporated in and made part of this Title.

   (b)   If changes are made in district boundaries or other items portrayed on the official zoning district map in accordance with the procedures established in this Code, the changes shall be entered on the map.

   (c)   The official map shall be located in the office of the City Manager and shall be the final authority as to the current zoning status of land, buildings and other structures in the City.

(Ord. 395 §3, 2016)

   When there is any uncertainty, contradiction or conflict about the intended location of any zoning district boundary on the zoning map, the City Manager shall provide an interpretation of the map or refers the request to the PZC. The City Manager and PZC, in interpreting the map or deciding any appeal, shall apply the following standards:

   (a)   The zoning district boundary lines are intended to follow lot lines, subdivision lines, incorporation lines or centerlines of rights-of-way.

   (b)   Where zoning district boundary lines approximately follow lot lines, subdivision lines, or incorporation lines, such lines shall be construed to be the boundary lines.

   (c)   Where the zone district cannot be determined from the map, it shall be determined from the Creede Comprehensive Plan and surrounding properties, subject to rezoning according to the provisions of this zoning code.

(Ord. 395 §3, 2016)

   The residential zoning districts are intended to:

   (a)   Provide appropriately located areas for residential development that are consistent with the Creede Comprehensive Plan and with the public health, safety, and general welfare;

   (b)   Ensure adequate light, air and privacy for all dwelling units;

   (c)   Protect the scale and character of existing residential neighborhoods and the community;

   (d)   Discourage any use that would generate traffic or create congestion on neighborhood streets other than the normal traffic that serves the residents of the district; and

   (e)   Discourage any use that, because of its character or size, would create additional requirements and costs for public services that are in excess of such requirements and costs if the district were developed solely for the intended type of residential uses.

(Ord. 395 §3, 2016)

   (a)   Intention. This is a low-density housing district intended primarily for single-family uses on individual lots.

   (b)   Permitted uses. The following uses shall be permitted in the R-1 District:

      (1)   Accessory buildings and accessory uses;

      (2)   Accessory dwelling when associated with a permitted use;

      (3)   Group homes for up to eight (8) developmentally disabled persons, handicapped individuals, children or senior citizens;

      (4)   Home occupations;

      (5)   Parks and open space; and

      (6)   Single-family detached dwellings.

   (c)   Special review uses. Permitted special review uses in the R-1 District shall be as follows:

      (1)   Child care centers;

      (2)   Community facilities;

      (3)   Place of worship and assembly;

      (4)   Golf courses and or golf driving range;

      (5)   Limited outdoor recreation facilities;

      (6)   Public and private schools for elementary, intermediate and high school education; and

      (7)   Public facilities, provided offices, repair, storage facilities are not included.

 

   (a)   Intention. This is a high-density residential zone intended primarily for multi-family uses on individual lots. In order to facilitate appropriate higher densities near viable business centers, multi-family buildings are generally encouraged near a neighborhood commercial center. Street and open space designs in these areas shall be used to create compatibility among frontages, which encourage pedestrian interaction and discourage high automobile speeds. Multi-family residential developments shall be designed around or adjacent to open space.

   (b)   Permitted uses. The following uses shall be permitted in the R-2 District:

      (1)   All permitted principal uses in the R-1 district;

      (2)   Two-family dwellings;

      (3)   Multiple-family dwellings (no more than twenty-four (24) units per building), provided that the density and dimensional standards for the R-2 Residential District are met (refer to § 9-4-70 for details) and the lot upon which any such dwelling is located is of sufficient size so that twenty (20%) percent thereof shall be devoted to functional open space; and

      (4)   Senior housing provided that the density and dimensional standards for the R-2 Residential District are met (refer to § 9-4-70 for details) and the lot upon which any such dwelling is located is of sufficient size so that twenty (20%) percent thereof shall be devoted to functional open space. Senior housing is exempted from the maximum number of twenty-four (24) units per building requirement for multi-family dwellings.

   (c)   Special review uses. Permitted special review uses in the R-2 District are as follows:

      (1)   All permitted conditional uses in the R-1 District;

      (2)   Bed and breakfasts;

      (3)   Boarding and rooming houses; and

      (4)   Long-term care facilities.

 

(Ord. 395 §3, 2016)

   (a)   Intention. The Downtown District is intended to reflect the character of the original downtown and to provide for a mixture of uses that will strengthen and expand the core community.

   (b)   Permitted uses. The following uses shall be permitted in the B-1 District:

      (1)   Residential uses. All permitted principal uses in the R-2 residential district except single-family residential and accessory dwelling.

      (2)   Institutional/civic/public uses:

         a.   Church or place of worship and assembly;

         b.   Parks and open space;

         c.   Public facilities with or without business offices, with no repair or storage facilities; and

         d.   Public and private schools, including colleges, vocational training and technical training.

      (3)   Commercial/retail uses:

         a.   Artisan and photography studios and galleries;

         b.   Bed and breakfasts;

         c.   Boarding and rooming houses;

         d.   Child care centers;

         e.   Convenience shopping and retail establishments without fuel sales;

         f.   Health and membership clubs;

         g.   Limited indoor recreation facilities;

         h.   Lodging establishments;

         i.   Medical and dental offices and clinics;

         j.   Mixed use dwelling units;

         k.   Open air farmers' market;

         l.   Personal and business service shops;

         m.   Professional offices and financial services;

         n.   Restaurants - standard and fast food without drive-through facilities;

         o.   Small grocery store; and

         p.   Tourist facilities.

   (c)   Special review uses. Permitted special review uses in the B-1 District shall be as follows:

      (1)   All permitted conditional uses in the R-1 and R-2 districts.

      (2)   Residential uses. Single-family residential and accessory dwelling when associated with a principal use.

      (3)   Institutional/civic/public uses:

         a.   Community facilities; and

         b.   Public facilities with business offices and repair and storage facilities.

      (4)   Commercial/retail uses:

         a.   Bars and taverns;

         b.   Car wash;

         c.   Clubs and lodges;

         d.   Entertainment facilities and theaters;

         e.   Gasoline stations;

         f.   Limited outdoor recreation facilities;

         g.   Long-term care facilities;

         h.   Motor vehicle service and repair; and

         i.   Parking lots and parking garages as a principal use.

      (5)   Industrial uses. Workshops and custom small industry uses.

 

(Ord. 395 §3, 2016)

   (a)   Intention. The Highway Mixed Use District is intended to be a setting for development of a wide range of community and regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including multi-family housing and mixed use dwelling units. The B-2 District is intended to integrate various commercial and multi-family uses while transitioning from the highway to adjacent lower density neighborhoods. While some Highway Mixed Use Commercial District areas may continue to meet the need for auto-related and other auto-oriented uses, it is the City's intent that the B-2 District emphasizes safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. Further, the B-2 District is intended to function with, rather than compete with, the downtown area. The highway corridor is a visible commercial area for the community.

   (b)   Permitted uses. The following uses shall be permitted in the B-2 District:

      (1)   Accessory/miscellaneous uses:

         a.   Accessory buildings; and

         b.   Accessory uses.

      (2)   Residential uses:

         a.   Group homes; and

         b.   Multiple-family dwellings.

      (3)   Institutional/civic/public uses:

         a.   Church or place of worship and assembly;

         b.   Parks and open space;

         c.   Public facilities, with or without business offices or repair and storage facilities; and

         d.   Transit facilities without repair or storage.

      (4)   Commercial/retail uses:

         a.   Artisan and photography studios and galleries;

         b.   Bed and breakfasts;

         c.   Boarding and rooming houses;

         d.   Car wash;

         e.   Child care centers;

         f.   Convenience retail stores with or without fuel sales;

         g.   Equipment rental establishments (without outdoor storage);

         h.   Food catering;

         i.   Funeral homes;

         j.   Gasoline stations;

         k.   Health and membership clubs;

         l.   Limited indoor recreation facilities;

         m.   Lodging establishments;

         n.   Long-term care facilities;

         o.   Medical and dental offices and clinics;

         p.   Mixed use dwelling units;

         q.   Motor vehicle service and repair (minor repairs);

         r.   Open-air farmers' markets;

         s.   Licensed personal care and business service shops;

         t.   Plant nurseries and greenhouses;

         u.   Print shops;

         v.   Professional offices and financial services;

         w.   Restaurants, with or without drive-through facilities;

         x.   Large retail establishments;

         y.   Small grocery stores;

         z.   Supermarkets;

         aa.   Tourist facilities; and

         bb.   Veterinary facilities, small animal clinics; and

         cc.   Mobile food vendors, provided that:

            1.   An application for a permit to operate is submitted to and approved by the Town Clerk. Said application shall include, at a minimum, all relevant owner information as determined by the Town Clerk, a valid Colorado tax ID and copies of any/all required licenses to operate, including all health department certificates;

            2.   The number of mobile food vendors per parcel does not exceed one (1);

            3.   No generators of any type are utilized;

            4.   The proposed mobile food vending unit remains fully registered, insured and mobile for the duration of the permit period; and

            5.   All operations occur entirely on private property and in accordance with all other applicable regulations and standards set forth within the City of Creede Municipal Code.

      (5)   Industrial uses. Workshop and custom small industry uses.

   (c)   Special review uses. Permitted special review uses in the B-2 District include the following:

      (1)   Residential uses:

         a.   Single-family dwellings; and

         b.   Two-family dwellings.

      (2)   Institutional/civic/public uses:

         a.   Community facilities;

         b.   Golf courses and/or golf driving ranges;

         c.   Public and private schools; and

         d.   Public facilities with business offices and repair and storage facilities.

      (3)   Commercial/retail uses:

         a.   Auto, RV, boat and truck sales. This use shall be limited to ten (10%) percent of the total linear frontage along highway within the City limits;

         b.   Auto, RV, boat and truck storage. This use shall be limited to ten (10%) percent of the total linear frontage along highway within the City limits;

         c.   Bars and taverns;

         d.   Clubs and lodges;

         e.   Entertainment facilities and theaters;

         f.   Equipment, truck and trailer rental establishments;

         g.   Hospitals;

         h.   Limited outdoor recreation facility;

         i.   Motor vehicle service and repair (major repairs);

         j.   Nightclubs;

         k.   Parking lots and parking garages;

         l.   RV parks;

         m.   Retail and supply yard establishments with outdoor storage; and

         n.   Veterinary hospitals.

      (4)   Industrial uses:

         a.   Enclosed mini-storage facilities; and

         b.   Research, experimental or testing laboratories.

 

(Ord. 395 §3, 2016; Ord. 436 §1, 2022)

   (a)   Intention. This is a high density residential district on a parcel of land under single ownership or control on which two (2) or more mobile homes are occupied as residences.

   (b)   General requirements. Requirements applicable to MH Districts include the following: The minimum number of acres which may constitute a MH district shall be one (1) acres.

   (c)   Permitted uses. The following uses shall be permitted in the MH District:

      (1)   Accessory buildings and accessory uses;

      (2)   Home occupations;

      (3)   Mobile homes;

      (4)   Parks and open space; and

      (5)   Public facilities, provided business offices and repair and storage facilities are not included.

 

(Ord. 395 §3, 2016)

   (a)   Intention. This is a commercial district intended to provide for the location of auto-oriented and auto-dependent uses and/or uses which provide a wide range of general retail goods and services for residents of the entire community, as well as businesses and highway users, primarily inside of enclosed structures. The intent of these provisions is to facilitate convenient auto and pedestrian access, minimize traffic congestion and give consideration to site and architectural aesthetics. Locations for this zone require good access to major arterial streets and adequate water, sewer and power.

   (b)   Permitted uses. The following uses shall be permitted in the C District:

      (1)   All permitted principal uses in the B-2 District;

      (2)   Bars and taverns;

      (3)   Clubs and lodges; and

      (4)   Entertainment facilities and theaters.

   (c)   Special review uses. Permitted special review uses in the C District are as follows:

      (1)   All permitted conditional uses in the B-2 District;

      (2)   Public/private schools for elementary, intermediate and high school education;

      (3)   RV parks;

      (4)   Small animal boarding (kennels); and

      (5)   Warehouse, distribution and wholesale uses.

 

   (a)   Intention. This zoning district is intended to provide locations for a variety of workplaces and employment opportunities, including light industrial uses, research and development offices and institutions, manufacturing, warehousing and distributing, indoor and outdoor storage and a wide range of commercial and industrial operations. This district is also intended to accommodate secondary uses that complement and support the primary workplace uses, such as hotels, restaurants, convenience shopping, child care and housing. Locations for this zone require good access to major arterial streets and adequate water, sewer and power. Additionally, this district is intended to encourage the development of planned office and business parks; to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes.

   (b)   Permitted uses. The following uses shall be permitted in the I District:

      (1)   Accessory buildings and accessory uses;

      (2)   Auto, RV, boat and truck storage;

      (3)   Car wash;

      (4)   Enclosed mini-storage facilities;

      (5)   Equipment rental establishments without outdoor storage;

      (6)   Gasoline stations;

      (7)   Manufacturing and preparing food products;

      (8)   Manufacturing, assembly or packaging of products from previously prepared materials;

      (9)   Manufacturing of electric or electronic instruments and devices;

      (10)   Motor vehicle service and repair establishments (minor and major repairs);

      (11)   Parking lots and parking garages (as principal use);

      (12)   Parks and open space;

      (13)   Plant nurseries and greenhouses;

      (14)   Plumbing, electrical and carpenter shops;

      (15)   Public facilities with or without business offices and repair and storage facilities;

      (16)   Research, experimental or testing laboratories;

      (17)   Retail and supply yard establishments with outdoor storage;

      (18)   Veterinary facilities, large animal clinics;

      (19)   Warehouse, distribution and wholesale uses; and

      (20)   Workshops and custom small industry uses.

   (d)   Limitations. Any use in this district shall conform to the following requirements:

      (1)   All manufacturing and similar uses shall be carried on entirely within a completely enclosed structure;

      (2)   Dust, fumes, odors, smoke, vapor and noise shall be confined to the site and be controlled in accordance with the state air pollution laws;

      (3)   Outdoor storage, equipment and refuse areas shall be concealed from view from abutting rights-of-way and from adjoining residential districts;

      (4)   Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compressed gravel or equivalent, maintainable surfacing with erosion control; and

      (5)   Light fixtures in parking areas shall be hooded and mounted not more than twenty-five (25) feet above the ground level and oriented in such a manner as not to shine into residential areas.

   (e)   Special review uses. Permitted special review uses in the I District shall be as follows:

      (1)   Accessory dwelling when associated with a permitted use;

      (2)   Adult uses including product sales and entertainment;

      (3)   Artisan and photography studios and galleries;

      (4)   Automobile, recreational vehicle, boat and truck sales;

      (5)   Bars and taverns;

      (6)   Child care centers;

      (7)   Convenience shopping and retail establishments;

      (8)   Dry cleaning plants;

      (9)   Entertainment facilities and theaters;

      (10)   Equipment, truck, trailer rental establishments with outdoor storage;

      (11)   Golf courses and/or golf driving ranges;

      (12)   Group homes;

      (13)   Limited outdoor recreation facilities;

      (14)   Lodging establishments;

      (15)   Night clubs;

      (16)   Open-air farmers' markets;

      (17)   Personal and business service shops;

      (18)   Recycling facilities;

      (19)   Resource extraction, processes and sales establishments;

      (20)   Restaurants with drive-through;

      (21)   Sales and leasing of farm implements, heavy equipment sales, mobile/manufactured homes and heavy excavation equipment;

      (22)   Small animal boarding (kennels);

      (23)   Small grocery stores;

      (24)   Wireless telecommunications facilities (as permitted in §9-3-130(e) below); and

      (25)   Veterinary hospitals.

   (e)   Zoning and use of wireless telecommunication services, facilities and equipment.

      (1)   Use permitted by special review. Wireless telecommunication services facilities shall be permitted only in the industrial zoning district (I) as a special review use. It is unlawful for any person to install or operate such a wireless telecommunication services facility unless it has first been approved by the Board of Trustees as a special review use pursuant to this Section. The approval of such special review use does not relieve the operator from otherwise complying with all applicable regulatory requirements of the City, state and federal governments.

      (2)   Height and setback requirements. The following apply to any wireless telecommunication services, facilities or equipment:

         a.   Roof or building-mounted commercial mobile radio service facilities may protrude no more than five (5) feet above the parapet line of the building or structure, nor more than two and one-half (2%) feet outside of the building wall unless sufficient screening methods are demonstrated and accepted as part of the approval;

         b.   Roof or building-mounted whip antenna(s) of no more than three (3) inches in diameter, in groupings of five (5) or less, may extend up to twelve (12) feet above the parapet wall; and

         c.   Applicable zoning setback requirements of this Article must be met. At a minimum, all freestanding facilities shall be set back at least three hundred (300) feet from all residentially zoned properties or residential structures on properties otherwise zoned.

      (3)   Accessory buildings requirements.

         a.   Accessory buildings located on the ground shall be no larger than four hundred (400) square feet and must be constructed of durable, low maintenance materials, architecturally compatible and integrated with existing buildings and structures. Sites with greater than one hundred (100) cubic feet of cabinet area, visible from a public right-of-way or residentially zoned or used area, must enclose the equipment in accessory buildings.

         b.   Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient.

      (4)   Building or roof-mounted facilities requirements. Building or roof-mounted facilities are to be screened from public view, either by screening, location or other techniques deemed sufficient.

      (5)   Freestanding wireless telecommunications facilities requirements. All freestanding wireless telecommunications facilities shall be designed and constructed in such a manner that they are:

         a.   Capable of serving, through original construction, expansion or replacement, a minimum of two (2) users;

         b.   Constructed as a monopole, which tapers toward the top of the pole to the degree allowed by structural requirements, unless some other decorative type of structure is proposed and approved;

         c.   Of a neutral color, including fencing, buildings and cabinets or to match existing buildings;

         d.   Hold only lighting required by the Federal Aviation Administration; and no signage;

         e.   No higher than fifty (50) feet from the ground, with an additional twenty (20) feet per co-locating user permitted, up to seventy (70) feet. Exceptions may be granted upon request by the applicant; and

         f.   Constructed in accordance with a certified engineer's specifications and in compliance with all applicable I.B.C. provisions.

 

(Ord. 395 §3, 2016)

   (a)   Intention. The purpose of this district is to preserve existing open areas without structures where topography, including slopes steeper than 20% grade, and other factors, such as known geologic hazards and flood-prone areas, are prevalent.

   (b)   Permitted uses. The following uses shall be permitted in the O District: Parks and open space.

   (c)   Special review use. Permitted special review uses in the O District shall be as follows:

      (1)   Cemeteries;

      (2)   Limited outdoor recreation facilities; and

      (3)   Public facilities without business offices and repair and storage facilities.

 

   (d)   Planned unit development. All PUD zone districts shall comply with the dimensional and development standards as well as the review processes and criteria outlined in §9-3-60, Planned Unit Developments.

(Ord. 395 §3, 2016)

   Table 9-4-170 lists the uses allowed within all base zoning districts. Most uses are defined in Article 8, Definitions, for those uses that are undefined, §9-4-180, Classification of New and Unlisted Uses, shall serve as the process to define such term. Approval of a use listed in Table 9-4-170 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 9-4-170 and approved under the appropriate process is prohibited, unless determined by the City Manager that the proposed use is consistent with intent of the zone district.

   (a)   Permitted by right uses. "P" in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in this Article.

   (b)   Special review uses. "S" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special review use in accordance with the procedures of §9-3-80, Special Review Uses. Special review uses are subject to all other applicable regulations of this Code.

   (c)   Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.

   (d)   Use-specific standards. Regardless of whether a use is allowed by right or permitted as a special review use, there may be additional standards that are applicable to the use.

(Ord. 395 §3, 2016)

   In Table 9-4-170, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each category, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

(Ord. 395 §3, 2016)

   The City recognizes that new types of land use will develop and forms of land use not anticipated in this Code may seek to locate in the City. When application is made for a use category or use type that is not specifically listed in Table 9-4-170, the City Manager shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:

   (a)   The City Manager shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the City Manager shall consider the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.

   (b)   Standards for new and unlisted uses may be interpreted as those of a similar use.

   (c)   Appeal of the City Manager's decision may be made to the Board of Adjustments following procedures under §9-3-130, Appeals.

(Ord. 395 §3, 2016)

 

(Ord. 395 §3, 2016)

   (a)   Public uses. Where permitted in a district, public uses (as identified in Table 9-4-170, Permitted Uses) should conform to siting and use provisions of the Creede Comprehensive Plan.

   (b)   Arboretum or botanical garden. No sales are allowed except through gift shops that are approved accessory uses.

   (c)   Home occupations. A home occupation must comply with the following limitations and conditions:

      (1)   The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place;

      (2)   If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home);

      (3)   The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarter (3/4) ton, earth-moving equipment or cement mixers;

      (4)   The use does not alter the exterior of the property or affect the residential character of the neighborhood;

      (5)   The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multi- family development;

      (6)   The use does not require alteration to the residence to satisfy applicable City fire or building codes or County health regulations;

      (7)   Exterior signs are not permitted; and

      (8)   There may be only incidental sale of stocks, supplies or products.

(Ord. 395 §3, 2016)

   (a)   Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section.

   (b)   Approval of accessory uses and structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Development Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. All accessory uses shall be subject to the standards in this §9-4-190, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in §9-4-180, Use-Specific Regulations, above.

   (c)   Interpretation of unidentified accessory uses and structures. The City Manager shall evaluate applications for accessory uses that are not identified in this Section on a case-by-case basis, based on the following standards:

      (1)   The definition of "accessory use" in Article 8, Definitions, and the general accessory use standards and limitations established in this Section;

      (2)   The purpose and intent of the district in which the accessory use is located;

      (3)   Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

      (4)   The compatibility of the accessory use with other principal and accessory uses permitted in the district.

   (d)   General standards. All accessory uses and structures shall comply with the following general standards:

      (1)   Compliance with this Code.

         a.   All accessory uses and structures shall be subject to the dimensional requirements of this Article. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control.

         b.   Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

      (2)   Location. The accessory use or structure shall be conducted or located on the same lot(s) as the principal use and to the rear of the front setback line, unless otherwise approved by the City Manager. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure provided that the accessory building is not located closer than ten (10) feet from any alley and not closer than five (5) feet from any property line.

      (3)   Size. The maximum total size of accessory buildings shall be six hundred (600) square feet unless approved by special use permit. No accessory building shall exceed the height of the site's principal structure.

      (4)   Same ownership required. The principal use and the accessory use shall be under the same ownership.

      (5)   Same utility meter required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit.

   (e)   Additional standards for specific accessory uses and structures

      (1)   Accessory dwelling units. An accessory dwelling unit shall be permitted subject to the following standards:

         a.   Districts allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: R-1, R-2. Accessory dwelling units shall be allowed as special review uses in the following districts: B-1 and I.

         b.   Where permitted on lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located. Accessory dwelling units may be a separate structure from the principal structure or be attached to and part of the principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as accessory dwelling units.

         c.   Size of accessory dwelling unit. No accessory dwelling unit shall exceed eight hundred fifty (850) square feet in floor area. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.

         d.   Limit on number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling.

         e.   Off-street parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit.

      (2)   Outdoor display and sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses, provided that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements:

         a.   Outdoor display or sale shall require approval of the City Manager and may be subject to appropriate conditions by the City Manager to ensure compliance with the provisions of this Subsection.

         b.   Display of goods shall not be in drive aisles, loading zones or fire lanes and shall not obstruct any entrance to the building.

         c.   The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building.

         d.   The outdoor display area may be located in a parking lot provided that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building.

         e.   No goods shall be attached to a building's wall surface.

         f.   The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

         g.   No outdoor displays shall be allowed in required landscape areas.

         h.   At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

      (3)   Outdoor storage. Outdoor storage is a permitted accessory use in the I zone district with approval of an SRU pursuant to §9-3-80, Special Review Use. In other zone districts, outdoor storage is permitted through the site plan review process and subject to compliance with the following requirements:

         a.   Except for outdoor storage associated with industrial or agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.

         b.   Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height. The fence shall incorporate at least one of the predominant materials and one of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped.

         c.   A landscaped earthen berm may be used instead of or in combination with a required fence or wall.

         d.   If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

         e.   No materials may be stored in areas intended for vehicular or pedestrian circulation.

         f.   No storage of any items may occur within the front setback area or within one-half (1/2) of each side setback nearest the street.

         g.   Rooftop outdoor storage is prohibited.

(Ord. 395 §3, 2016)

   (a)   Purpose. This Development Code allows for the establishment of certain temporary uses for limited duration, provided that such uses comply with the general and specific standards of this Section.

   (b)   Temporary uses and structures allowed. The following temporary uses are allowed provided they comply with the general standards of §9-4-200(g), General Requirements for all Temporary Uses and Structures, below.

   (c)   Minor temporary uses. The following uses shall be classified as minor temporary uses:

      (1)   Temporary seasonal and holiday sales (sporting goods, tree lots, wreath sales);

      (2)   Temporary real estate sales office (including model homes);

      (3)   Contractor's office/temporary construction uses;

      (4)   Off-site auto sales;

      (5)   Travel trailers;

      (6)   Farmer's market held on private property;

      (7)   Temporary sales, not including mobile food vendors unless specifically allowed within a zoning district;

      (8)   Seasonal outdoor garden nursery;

      (9)   Retail encroachment into required parking;

      (10)   Fruit/vegetable stands;

      (11)   Storage/shipping containers; and

      (12)   Auctions.

   (d)   Major temporary uses. The following uses shall be classified as major temporary uses:

      (1)   Temporary special events held on private property;

      (2)   Circuses, festivals, carnivals, and fairs held on private property; and

      (3)   Temporary lodging facilities.

   (e)   Exemptions. The regulations in this Section shall not apply to the following uses:

      (1)   Funeral processions;

      (2)   Garage or estate sales;

      (3)   Private parties for fewer than fifty (50) people;

      (4)   Weddings of immediate family of the homeowner, not to exceed one-hundred and fifty (150) guests;

      (5)   Regularly scheduled school events such as athletic events that use existing parking, traffic controls and public safety support;

      (6)   Natural disasters and emergencies, staging and assembly grounds; and

      (7)   A governmental agency acting within the scope of its functions.

   (f)   Permits for special events on public property. All special events on any street, alley sidewalk, public building, or public park shall be subject to the following standards and procedures set forth in the Creede Municipal Code, and include but are not limited to: Alcoholic beverage permits (Article 1 of Chapter 6, Alcoholic Beverage Licenses).

   (g)   General requirements for all temporary uses and structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Development Code:

      (1)   The temporary use or structure shall not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare;

      (2)   The temporary use shall comply with all applicable general and specific regulations of this Section, other City ordinances, and state law unless otherwise expressly stated;

      (3)   Permanent alterations to the site are prohibited;

      (4)   The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site;

      (5)   The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits;

      (6)   If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplain, and required landscaping. At the conclusion of the temporary use or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use;

      (7)   If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation or parking space availability;

      (8)   Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the Building Official, including fire rating;

      (9)   Off-street parking shall be adequate to accommodate the proposed temporary use;

      (10)   The conduct of the temporary use will not require the diversion of so great a number of police officers of the City to restrict the ability to properly police the City;

      (11)   The conduct of such temporary use will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the proposed line of movement and the areas contiguous thereto;

      (12)   The conduct of such temporary use will not interfere with the movement of firefighting equipment in route to a fire;

      (13)   The size, nature, or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property;

      (14)   Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion; and

      (15)   The location of the temporary use or structure will not substantially interfere with any construction or maintenance work scheduled to take place upon City streets.

(Ord. 395 §3, 2016; Ord. 429 §1, 2021; Ord. 437 §1, 2022)