This Chapter shall be cited as the "Zoning Code of the Town of Del Norte."

(Ord. No. 680, § 1, 7-7-2015)

This Chapter is authorized by Section 31-23-301, et seq., C.R.S., and is hereby declared to be in accordance with all pro visions of those statutes.

(Ord. No. 680, § 1, 7-7-2015)

This Chapter has been adopted for the purpose of promoting the health, safety, morals and welfare of the present and future inhabitants of the Town by regulating and restricting the height, number of stories and size of buildings and other structures; the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of the population; and the location and use of buildings, structures and land for trade, industry, residence and other purposes in accordance with the authority conferred by Section 31-23-301, et seq., C.R.S.

(Prior code 17.01.020; Ord. No. 680, § 1, 7-7-2015)

Whenever there is any conflict between this Chapter and any other ordinance, regulation or law, the more restrictive or higher standard shall apply.

(Prior code 17.01.030; Ord. No. 680, § 1, 7-7-2015)

The purpose of this Chapter is to implement the land use goals and policies of the Del Norte Plan Element of the Rio Grande County Joint Master Plan, adopted in 2004, and amends and supersedes any and all provisions therein in conflict therewith.

(Prior code 17.01.050; Ord. No. 680, § 1, 7-7-2015)

These regulations and the official zoning map of the Town shall collectively constitute the Town's Zoning Code.

(Prior code 17.01.040; Ord. No. 680, § 1, 7-7-2015)

(a)

The provisions of this Chapter may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity and general welfare.

(b)

This Chapter is not intended to interfere with, abrogate or annul any easements, covenants or agreements between parties; provided, however, that, wherever this Chapter proposes a greater restriction upon use of buildings or land or upon the location or height of buildings or structures, or requires larger open spaces about the structures than are imposed or required by other laws, ordinances, resolutions, regulations or easements, covenants or agreements between parties, the provisions of this Chapter shall govern.

(c)

Wherever the provisions of any other laws, ordinances, resolutions, regulations or easements, covenants or agreements between parties propose a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures, or require larger open space about the structures than is required by this Chapter, the more restrictive requirements shall govern.

(Ord. No. 680, § 1, 7-7-2015)

The territorial jurisdiction of this Chapter shall, pursuant to state law, include all land located within the legal boundaries of the Town and any other property over which the Town may legally exercise jurisdiction.

(Ord. No. 680 §1, 7-7-2015)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Accessory use means a use which is subordinate to, clearly incidental to, customarily in connection with and ordinarily located on the same premises as the permitted use. Home occupations which meet the criteria set out in Section 16-6-10 of this Chapter shall be considered an accessory use to a residence in all zones.

Adult-oriented business means a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas as the primary attraction to the premises. The term adult-oriented business includes, but is not limited to, bookstores, video stores, gift stores, cabarets, motels, hotels, theaters, nightclubs and similar establishments.

Alley means a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.

Alternative sewage disposal means any system for the disposal of sewage, which components are not connected to City sewer lines in accordance with the standards established in the City comprehensive sewer plan and policy.

Alternative water system means any system whereby water is provided to a parcel, which source and components are not connected to City water lines in accordance with the standards established in the City's comprehensive water plan and policy.

Animal day care facility means an indoor establishment that cares for pet animals in the absence of the owner during daytime business hours and may provide activities such as animal training, grooming, socialization and entertainment.

Apartment means a room or rooms used as a dwelling for one family unit which may do its cooking therein.

Bed and breakfast means a building other than a hotel, cafe or restaurant where, for compensation, directly or indirectly, short-term lodging and/or meals are provided for three or more boarders and/or roomers exclusive of the occupant's family.

Board of Adjustment means the Board of Adjustment of the Town.

Board of Trustees refers to the Board of Trustees and the Mayor of the Town.

Boarding house means building other than a hotel, cafe or restaurant where, for compensation, directly or indirectly, long-term lodging and/or meals are provided for three or more boarders and/or roomers exclusive of the occupant's family.

Building means any structure built for the shelter or enclosure of persons, chattels or movable property of any kind and which is affixed to the land.

Building facade means the frontage of a building which faces and is most nearly parallel to a public or private street. There can be only one building facade for each street upon which a building faces. If a business faces an alley, that portion of the building which is used as a business entrance shall be known as the front façade.

Building height means the vertical height from grade at the lowest point at the foundation to the highest point of the building.

Building Inspector means the Town Clerk/Administrator or his or her duly authorized representative.

Building line means a line parallel to a property line beyond which no exposed portion of a building extends. Unroofed terraces or patios, cornices, sills, canopies, balconies, eaves, steps and other ornamental fixtures, and chimneys which extend four feet or less from the building, and open fire escapes which extend six feet or less from the building (provided the same do not infringe upon neighboring property), walls, rails or fences up to six feet high and temporary awnings need not be considered in determining the building line.

Business or professional office means the office of a doctor, engineer, insurance broker, architect or similar professional person and offices used primarily for accounting, correspondence, research, editing or administration.

Cafe, restaurant or cafeteria means a commercial eating establishment where meals or snacks are vended for consumption of meals or snacks on the premises.

Camper includes several different types of designed mobile living spaces that is towed by a vehicle by either a fifth wheel towing system or a standard ball and joint assembly that pulls the camper to its temporary campsite within a RV park, which is commonly referred to as a recreational vehicle. This also includes the type of design in which the camper is made to be placed on the bed of a pickup truck. The following details the different types of campers which are recognized as an RV by this code:

Travel trailers: Camper trailers are pulled by hitches on pickup trucks, SUVs and some minivans.

Fifth wheel trailers: These trailers require a special mount in the rear of truck bed, which adds stability to the drive.

Popup trailer: These smaller, fold up trailers are much lighter to pull. They usually have a canvas top that can be expanded and some include kitchens, shower and a toilet.

Truck camper: These camping units slide onto the bed of a standard pickup truck and ride on it.

Campground means an area for the use of overnight and transient camping, including the use of tents, campers, trailers, motor coaches and equivalent motorized or non-motorized camping equipment. It also includes buildings and structures used for the administration and accommodation of the camping use and shall be complementary thereto.

Camping unit means any self-propelled or towed vehicle, motorized or otherwise (but excluding those defined as mobile homes or manufactured home single-wide which affix to permanent or semi-permanent foundations), and which are designed and used for travel, recreation and short-term working or living facilities.

Campsite means a space or area within an RV park designated for occupancy by RV, campers, tiny homes on wheels or tent campers. Also referred to as "site."

Child day care center means any facility providing care for five or more children between the ages of zero and 15 years during the daylight hours for compensation. This definition shall apply to all such activities, whether profit or nonprofit in nature.

Church means a place of worship containing a hall, auditorium or other suitable rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors.

Clinic means an office for one or more physicians, surgeons, dentists or other practitioners of the healing arts.

Commercial Mobile Radio Systems (CMRS) means facilities related to any carrier or licensee whose wireless network is connected to the public switched telephone network and/or is operated for profit.

Conditional use means a use which is permitted or allowed by the Board of Trustees in the zone involved only by specific review by the Planning Commission, and complies with the provisions of this Chapter and other applicable Town ordinances and regulations. Conditional uses must meet the criteria set out in Article 8 of this Chapter.

Day care center means any facility, including a residence, which provides daily care and supervision of children or adults other than children or adults of any family living there.

Density means the number of dwelling units per acre of land devoted to housing and related open space.

District or zone means an area for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.

Dwelling, multi-unit or multi-family means a building used by three or more families living independently of each other in separate living units, but not including hotels, motels or resorts.

Dwelling, one-unit means a detached principal building designed for or occupied exclusively by one family as an independent living unit. The term one-unit dwelling shall not include mobile home, manufactured home or manufactured home single-wide, as defined in this Chapter.

Dwelling, two-unit means a detached principal building designed for or occupied by two families living independently of each other in separate but attached living units, but not including mobile homes or manufactured home, single-wide.

Dwelling unit means one room or rooms connected together constituting a separate independent housekeeping establishment for owner occupancy or rental or lease on a monthly or longer basis, physically separated from any other rooms or living units which may be in the same structure.

Employees means all persons, including proprietors, working on the premises.

Erect means to construct or allow to be constructed.

Face means the surface of a sign directed to the viewer (which may be single-face, double-face or multi-face) upon, against or through which the message is displayed or illuminated.

Factory-built housing means any structure or component thereof designed primarily for residential occupancy, either permanent or temporary, including a mobile home or travel home, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site.

Family means a single individual living upon the premises as a separate, independent housekeeping unit; or a collective body of persons related by blood or marriage living together upon the premises as a separate housekeeping unit. Notwithstanding the foregoing, a family shall be deemed to include five or more persons (but not in excess of 12 persons) who are not related by blood, marriage, adoption or legal custody occupying a dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and/or disabled persons as defined by Section 24-34-301, C.R.S.

Fence means a freestanding structure of iron, metal, chain link, brick, masonry, PVC, stone, wood or wood composition, resting on or partially buried in the ground and rising above ground level, used for confinement, screening or partition purposes. The term fence shall include walls, hedges and similarly designed plantings that restrict vision, but it does not include the use of materials that are not generally used and/or sold specifically for fencing, such as plywood, corrugated tin or fiberglass roofing panels. Fences are allowed up to and including the property line or the interior edge of the sidewalk.

Finished floor space means the gross floor area of a building which is complete with partitions, walls, ceilings, electrical and plumbing fixtures. Garages, carports, patios, open porches and areas used for storage, except closets, shall not be included in this definition. Gross floor area shall be computed by measurement of outside foundation dimensions.

Floodplain means the same as stated in the U.S. Army Corps of Engineers Floodplain Study for the Town.

Floor area, gross means the total square footage of a building measured within the exterior face of exterior walls or the centerline of walls separating two abutting buildings, but excluding stairwells, elevator shafts, hallways, ornamental balconies, space occupied by heating, air conditioning or other utility equipment, and space devoted to off-street parking or loading.

Frontage means that portion of a lot, parcel, tract or block abutting a street measured by an extension of the side lot lines intersecting the street.

Garage means any building used for the storage of motor vehicles in connection with a private residence and business.

Government buildings and facilities means any building or facility owned and operated by the United States of America, the State of Colorado, the Town of Del Norte or any agency or political subdivision thereof.

Hedge means a fence or boundary formed by a dense row of shrubs or low trees.

Home occupation means any commercial activity, whether for profit or nonprofit, conducted within a dwelling unit.

Homeowners' association means any entity, whether a corporation, partnership, unincorporated association or other entity existing for the purpose of maintaining commonly owned facilities or enforcing private protective covenants, whose members or shareholders are the property owners involved.

Hospital means a facility which makes available more than one of the following: medical, surgical, psychiatric, chiropractic, maternity, tuberculosis and/or nursing service. This facility shall be licensed by the Colorado Department of Public Health and Environment as a hospital.

Hotel, motel or lodging establishment means a building or buildings occupied as the more or less temporary abiding place of individuals who are lodged with or without meals for compensation.

House trailer, transient or temporary means any vehicle designed for transport on wheels which has cooking, eating, living and sleeping facilities. Such units may or may not contain sanitary facilities. These units customarily are moved at least once per year and are licensed as vehicles.

Junk or salvage means scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used tractors, trucks or automobiles or the parts thereof or therefrom; airplane parts and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, any old, used or secondhand materials of any kind, including, without limitation, cloth, rags, clothing, furniture, apparatuses and contrivances and parts thereof, which are no longer in use; any used building material, boards or other lumber; cement blocks, discarded buildings and structures and portions thereof, bricks or brickbats or other secondhand building material; rail cars or parts thereof or railroad equipment not being used in interstate commerce; articles or things commonly classified as junk; and items classified as junk in Chapter 7 of this Code, and all other products subject to being dismantled or recycled.

Junkyard or salvage yard means any lot, parcel or tract used for the storage, keeping, sale or abandonment of junk and/or for the dismantling, demolition or abandonment of automobiles, other junk or parts thereof.

Kennel means a facility that boards and cares for pet animals in the absence of the owner.

Livestock means any species of animal commonly kept, bought or sold, boarded as a herd or flock animal or as a service for food, or for a source of income from agricultural sale. This shall include any hoofed animal or rodent.

Lot means a subdivision of a block or other parcel of land intended as a unit for the transfer of ownership as for development of at least sufficient size to meet minimum requirements for use, coverage and area and to provide required yard and other open space. Such lot shall have frontage on an improved street.

Lot line, front means the line separating a lot from a street or public right-of-way upon which the principal building faces.

Lot line, rear means the lot line opposite and most distant from the front lot line. Triangular lots shall maintain a rear yard of not less than 25 feet from the point of intersection of the side lot lines.

Lot line, side means any lot line which is not front or rear.

Lot width means the distance between the side lot lines of a lot measured at right angles to the line establishing the lot depth at the established building setback line.

Manufactured home means a structure constructed according to a code administrated by the U.S. Department of Housing and Urban Development Code. Such a structure:

a.

Is partially or entirely manufactured in a factory;

b.

Has not been manufactured more than ten years prior to its on-site placement;

c.

Is not less than 24 feet in width and 36 feet in length;

d.

Is installed on an engineered permanent foundation;

e.

Has brick, wood or cosmetically equivalent exterior siding on all exterior walls, which provides a consistent facade from the bottom of the soffit (top of wall section), downward to the top of the exposed perimeter wall or foundation, or to finished grade, whichever is applicable, and has a pitched roof; and

f.

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, et seq.

Manufactured home, single-wide means a movable or re-locatable dwelling unit, with a living area of 720 square feet or greater, transportable on its running gear, but not required to have a license plate pursuant to Article 3 of Title 42, C.R.S., and installed either with or without a foundation designed for permanent use as a dwelling and has not been manufactured more than 20 years prior to its on-site placement; provided however, that modular houses which meet the requirements of all Town building codes, including the adopted Building Code, shall not be defined as a manufactured home for purposes of this Section.

Master plan means the Del Norte Plan Element of the Rio Grande County Joint Master Plan for the Town, which has been officially adopted to provide long-range development policies for the Town and which includes, among other things, the plan for land use, circulation and public facilities.

Mobile home park means a single site, parcel or lot operated and used for the location of two or more mobile homes intended for use as residences.

Mobile office means a mobile facility with or without wheels, erected upon a foundation or parked upon its wheels, assembled at a place of manufacture in whole or in part, designed and contrived for occupancy other than as a residential unit for living and sleeping purposes.

Motorhomes means a self-contained motorized vehicle which includes the living quarters and other spaces that are contained within the single unit. The following details the different types of motorhomes are recognized as an RV by this Code. There are three different classes of Motorhomes which is also commonly referred to as a recreation vehicle (RV). For the purpose of this code we have described the actual terminology of the motorhome which is a different type of recreational vehicle than the campers (defined above).

Multi-family residence means any residence with three or more dwelling units in a single building, living independently of each other and individually equipped for preparation of food.

Nonconforming use means a use which does not comply with the use regulations, dimensional requirements or other regulations of this Chapter.

Open space means an area devoted to the enhancement of light, air and aesthetic qualities of a neighborhood. It will also be devoted to landscaped vegetation, and no buildings or structures will be permitted unless for purposes of maintaining and/or enhancing the open space or unless they are relatively unnoticeable from the adjoining streets or walkways.

Open space (Section 6-5-90) means any area within an RV park that is primarily intended for the common enjoyment and recreational use of RV park occupants. Open space is not to include park buffers, interior roads, parking areas, service buildings or park offices. Recreational structures and buildings shall be included as open space.

Park office means any structure for the purpose of keeping and maintaining all records pertinent to the use, operation and maintenance of an RV park. This shall be the office of the park attendant.

Permitted use means a use specifically allowed in one or more of the various zone districts without the necessity of obtaining a use permit.

Person means any individual, firm, partnership, corporation, joint venture, company or association.

Pet shop means a retail establishment which sells domesticated or tamed animals, birds, reptiles and fish as household pets, as well as related supplies. Pet shop may also include as an accessory use the grooming of pets. Pet shop does not include the sale of large agricultural animals such as horses, cattle, pigs, sheep or goats, or the boarding of animals, birds or fish.

Planned unit development means a project of a single owner or a group of owners acting jointly, involving a related group of residences or businesses or industries and associated uses, planned as a single entity and therefore subject to development and regulation as one land use unit rather than as an aggregation of individual buildings located on separate lots.

Planning Commission means the officially appointed Planning Commission of the Town and includes the Zoning Commission as defined in Section 31-23-306, C.R.S.

Premises means part or all of any lot, parcel or tract, or part or all of any building or structure or group of buildings or structures located thereon.

Property line means the boundary of any lot, parcel or tract, as the same is described in the conveyance to the owner, and does not include the streets or alleys which the lot, parcel or tract may abut.

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their concerns.

Public utility service facilities means transmission and distribution facilities for natural gas, electricity, water, sewer, drainage, telephone and cable television as necessary to provide service to customers located in the various zones of the Town, such as pipes, lines, mains, wires, transformers, valves and other related appurtenances, but not including buildings, offices and production or generation facilities.

Recreational vehicle (RV) means a vehicle designed to be used as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motor power or is mounted on or towed by another vehicle. "Recreation vehicle" includes camping trailers, fifth wheel trailers, motor homes, travel trailers, recreational park trailers, multipurpose trailers, truck campers and tiny homes on wheels (THOW).

Retail means sale to the ultimate consumer for direct consumption and/or use not for resale.

Right-of-way, public means all streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel.

Roof line means the low edge of the roof or parapet.

RV park means a residential vehicle district zone in which two or more campsites are designated primarily for temporary occupancy by recreational vehicles for travel, recreational or vacation uses. Such parks shall be construed to include those parks having sites for tent camping as well as for RV campers. Also referred to as "campground" and "park."

Service building means any structure within an RV park which contains toilets, lavatories and bathing facilities. It may also include laundry facilities, a vending area or other service type facilities for park occupant use.

Setback means the perpendicular distance measured from a property line to the closest building line.

Sign means any object, device, display, structure or part thereof which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images.

Studio apartment means a one-room living accommodation with bathroom.

Tiny home on wheels (THOW) means a tiny home on wheels (THOW) is a structure which is intended as a temporary residence or temporary rental property and meets these five conditions:

(1)

Built on a trailer that was registered with the builder's local DMV.

(2)

Towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection. Cannot move (and was not designed to be moved) under its own power.

(3)

Is no larger than 400 square feet.

(4)

Has at least 70 square feet of first floor interior living space, and no more than 400 square feet (excludes any lofts).

(5)

Includes basic functional areas that support normal daily routines (such as cooking, sleeping, and toiletry).

Travel home means any movable or relocatable dwelling unit with a living area of less than 720 square feet or which is required to have a license plate.

Travel home park means a park or campground for the temporary use of travel homes, including but not limited to campers, motor homes, pick-up truck campers, trailers and trailer coaches.

Use means the activity or purpose for which property, a building or other structure is designed, arranged, intended, occupied or maintained.

Variance means the legal modification of the zone provisions, such as yard, lot and yard depth, signs and setbacks, granted due to the peculiar condition existing within a single piece of property.

Vehicle service station means a building or premises for which the principal use may or may not be the retail sale of gasoline, oil or other fuel for motor vehicles, which may include facilities for polishing, greasing, washing, repair of motor vehicles and operation of such facilities and attached convenience stores and cafes.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of the site-specific development plan.

Vision clearance area means a triangular area on a lot at the intersection of two streets, or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations contained in Section 16-6-80 of this Chapter. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines and intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.

Zone means the area or areas for which the regulations and requirements governing use of buildings and premises are uniform.

(Prior code 17.03.010; Ord. No. 674, 6-11-2014; Ord. No. 680, § 1, 7-7-2015; Ord. No. 694, 4-12-2017)