The zoning districts for the Town, as described herein, are established to promote stability in residential neighborhoods, to protect such property from incompatible land uses, to protect property values, to encourage the appropriate use of such land and to promote the quality of life. Certain other uses are permitted which are compatible with residences. Dimensional requirements are set out in the respective sections pertaining to individual zone.

(Prior code 17.07.010; Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The Rural (RU) Zoning District is comprised of areas which are primarily in a natural state or areas utilized for growing of crops and plants materials, or where similar farming activities are practiced.

(b)

Permitted uses. Permitted uses in the RU Zone are shown in Table 16-4A as published herein and as follows: accessory buildings and uses, agriculture, commercial plant crops, bed and breakfasts, group residences, housing for seasonal farm labor, light industries, manufactured homes more than 24 feet wide on a foundation, mortuaries and funeral chapels, one-unit dwellings, public parks, playfields and playgrounds, religious institutions, utility installations, and utility uses.

(c)

Conditional uses. Conditional uses in the RU District are shown on Table 16-4A above and as follows: airports, animal day care facilities and indoor kennels, animal hospitals, campgrounds, gun clubs and shooting ranges, cemeteries, colleges and universities, community-wide sewage treatment plants, water supply and treatment plants, personal services, retailing goods serving only residents of an area in which these uses are located, private schools, professional offices, including such fee-for-service establishments as legal, insurance, real estate and similar service providers, publicly owned buildings and uses, including schools, libraries and emergency services, radio television and microwave transmitting, receiving or relay stations or towers, commercial mobile radio systems, recreational tennis clubs, swimming pools, golf courses and exhibit halls, two-unit dwellings and vocational and business schools.

(d)

Lot size. Lot area and width requirements in the RU Zone are shown on Table 16-4B as shown above.

(e)

Setback requirements. Setback requirements in the RU Zoning District are shown in Table 16-4B above.

(f)

Lot coverage. Lot coverage requirements in the RU District are shown on Table 16-4B above. Lot coverage shall be measured to include the footprint of the buildings. Only the first floor square footage in structures of two or more stories shall be included when calculating lot coverage.

(g)

Building height. Building height requirements in the RU District are shown on Table 16-4B above.

(h)

Gross floor area. Minimum gross floor area requirements in the RU District are shown in Table 16-4B.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The R-1 Medium-Density Zone is intended to provide an area which is suitable for single-family homes and duplexes. This zone provides for other uses which are compatible with such uses. Environmental protection is provided by design and performance standards for such residences in Subsection (f) below.

(b)

Permitted uses. Permitted uses in the R1 Zone are shown in Table 16-4A as published herein and as follows: Accessory buildings and uses, artisan and photography studios and galleries, day care centers, manufactured homes more than 24 feet wide on a foundation, multi-unit dwellings, one-unit dwellings, personal services, including but not limited to barbershops, beauty shops, dry-cleaning outlets, self-service laundries, shoe repair shops, printing and similar services, public parks, playfields, and playgrounds, publicly owned buildings and uses, including schools, libraries and emergency services, religious institutions, two-unit dwellings, and utility installations.

(c)

Location restriction.

(1)

Off-street parking spaces for dwellings shall be located on the same lot with the dwelling as determined for District R1 in Article 9 below.

(2)

Other required parking spaces shall be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building.

(d)

Use restriction.

(1)

Required parking spaces shall be available for the parking of operable passenger vehicles of residents, customers, patrons and employees only, and shall not be used for parking or storage of vehicles or materials used in conducting the business.

(2)

No livestock shall be permitted in the Residential Medium Density (R1) Zoning District.

(e)

Conditional uses. Conditional uses in the R1 District are shown in Table 16-4A above and as follows: bed and breakfasts, convalescent and nursing homes, group residences, hospitals, medical and dental clinics, emergency or urgent medical care centers, personal services, retailing goods serving only residents of an area in which these uses are located, private schools, recreational, tennis clubs, swimming pools, golf courses and exhibit halls.

(f)

Design and performance standards.

(1)

Residences shall be anchored to a foundation constructed in full conformity with the Building Code adopted in Chapter 18.

(2)

The residence shall qualify for a building permit pursuant to Chapter 18, Article 9, of this Code.

(3)

Modular homes classified as Manufactured Homes, Class A are acceptable, provided that they are fully certified at the time of installation that all codes associated with manufactured homes are certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, et seq.

(4)

The roof shall be designed based upon a snow load as referenced in the adopted Building Code.

(5)

The residence shall meet all Building Code standards, as adopted in this Code. A residence having brick, rock, stucco, wood or cosmetically equivalent siding or finish shall be preferred.

(6)

If a garage door opens to the alley, a 15-foot setback from the rear property line will be required.

(Prior code 17.10.010, 17.10.020, 17.10.030, 17.10.040; Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The R2 Residential High-Density Zone is intended to provide for variable densities in residential uses. It is designed to provide a suitable environment for conventional homes and multi-family residences up to six dwelling units, as well as for individual mobile home lots.

(b)

Permitted uses. Permitted uses in the R2 Zone are shown in Table 16-4A as published herein and as follows: accessory buildings and uses, artisan and photography studios and galleries, convalescent and nursing homes, day care centers, manufactured homes more than 24 feet wide on a foundation, recreational tents/yurts or recreational vehicle parks, manufactured single-wide homes less than 24 feet wide, multi-unit dwellings, one-unit dwellings, personal services, including but not limited to barbershops, beauty shops, dry-cleaning outlets, self-service laundries, shoe repair shops, printing and similar services, public parks, playfields and playgrounds, publicly owned buildings and uses, including schools, libraries and emergency services, religious institutions, two-unit dwellings, utility installations and mobile home for rent or lease.

(c)

Use restrictions. No livestock shall be permitted in the R2 Zone.

(d)

Conditional uses. Conditional uses in the RU District are shown on Table 16-4A above and as follows: bed and breakfasts, group residences, manufactured home, auto, boat, truck and trailer storage, sales repairs and rentals, personal services, retailing goods serving only residents of an area in which these uses are located, private schools, recreational, tennis clubs, swimming pools, golf courses and exhibit halls and mobile or travel home other than permitted use.

(e)

Design and performance standards.

(1)

Residencies shall be anchored to a foundation constructed in full conformity with the Town's adopted Building Code.

(2)

The residence shall qualify for a building permit pursuant to Chapter 18, Article 9, of this Code.

(3)

The residence shall be a minimum of 12 feet wide with a minimum floor area of 720 square feet.

(4)

The roof shall be designed based upon a snow load as referenced in the Town's adopted Building Code.

(5)

The residence shall meet all of the Town's adopted Building Code standards. A residence having brick, rock, stucco, wood or cosmetically equivalent siding or finish shall be preferred.

(6)

If a garage door opens to the alley, a 15-foot setback from the rear property line will be required.

(Prior code 17.13.010, 17.13.030, 17.13.040, 17.13.050; Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The Commercial Highway (CH) District is comprised of areas which provide for highway-oriented commercial uses to serve both local and transient automotive and related needs. Commercial Highway recognizes the directions of business growth along Oak Street (SH 112) and the areas west of Alder Street and east of Penasco Street designed to accommodate business and commercial uses, as well as limited residential uses.

(b)

Permitted uses. Permitted uses in the CH District are shown on Table 16-4A above and as follows: accessory buildings and uses, amusements (indoor), animal daycare facilities and indoor kennels, animal hospitals, artisan and photography studios and galleries, automobile parking lots and parking garages, car washes and auto detailing, colleges and universities, commercial services (excluding retail stores), including but not limited to: furniture, household equipment, appliance repair, lumber brokers (excluding on-site inventory), nursery stock sales, building, plumbing, electrical, landscaping contractors and equipment and rental establishments, day care centers, drive-in eating and drinking establishments, financial institutions, gasoline sales, hospitals, medical and dental clinics, emergency or urgent medical care centers, hotels and motels, including restaurants and other incidental commercial uses inside the principal building, light industries, indoor retail, eating and drinking establishments, membership clubs, mobile offices, mortuaries and funeral chapels, museums, one-unit dwellings, out-door sales and repair, pawn shops, personal services, including but not limited to barbershops, beauty shops, dry-cleaning outlets, self-service laundries, shoe repair shops, printing and similar services, professional offices, including such fee-for-service establishments as legal, insurance, real estate and similar service providers, public parks, playfields and playgrounds, publicly owned buildings and uses, including schools, libraries and emergency services, religious institutions, self-storage units, two-unit dwellings, and utility installations.

(c)

Conditional uses. Conditional uses in the CH District are shown on Table 16-4A above and as follows: adult-oriented businesses, agriculture, commercial plant crops, amusement (outdoor), boardinghouses, campgrounds, gun clubs and shooting ranges, commercial establishments, including but not limited to bulk cleaning and laundry plants, lumberyards, building equipment and wholesaling services, nursery stock production, yard equipment and supply dealers, firewood operations, transportation centers, trucking services, warehouses, wholesale operations and cold storage lockers, convalescent and nursing homes, group residences, recreational/tents/yurts or recreational vehicle park, manufactured homes single-wide less than 24 feet wide, multi-unit dwellings, personal services, retailing goods serving only residents of an area in which these uses are located, private schools, recreational, tennis clubs, swimming pools, golf courses and exhibit halls, utility uses, including utility offices, repair, storage or production facilities, primary structures, such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines, must be located more than 100 feet from residential districts, and vocational and business schools.

(d)

Lot size. Lot and area and width requirements in the CH District are shown on Table 16-4B above.

(e)

Dwellings within commercial districts. The uses set out in this Section may have one dwelling unit incorporated as part of the building or structure containing said uses as an accessory use.

(1)

Exterior storage for businesses which result in public or private nuisance is not allowed.

(2)

All commercial and lodging uses shall be designed to minimize traffic problems, shall have all buildings setback consistent with the setback of existing residential buildings in the area and shall be designed to be compatible with the historical character of the area.

(3)

No business, commercial or lodging uses shall be allowed which are likely to generate traffic in such volumes as to be inconsistent with the reasonable enjoyment of the residences in the neighborhood. An increase of 50 percent more traffic to said neighborhood shall be presumed to be a traffic volume inconsistent with the reasonable enjoyment of residents of the neighborhood.

(4)

For business and commercial users, no use shall be established, maintained or conducted in the CH Zone that will result in any public or private nuisance. A public or private nuisance, for the purpose of this Section, shall include any use or activity which creates additional noise, significant lighting at night to the residences, or other activities which significantly conflict with the primary residential use of this zone.

(5)

No livestock shall be permitted in the Commercial Highway (CH) Zoning District.

(Prior code 17.19.020; Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The MHP Zone is intended to provide a suitable environment for mobile home and manufactured home parks, as well as travel home parks.

(b)

Mobile home park.

(1)

Two or more mobile homes adjacent to one another on lots, parcels or sites owned by the same owner shall be considered a mobile home park and subject to the zoning and mobile home park requirements of this Section as set forth herein.

(2)

Owner responsibility. The owner of the lot, parcel or site shall be responsible that the site is in compliance with all requirements.

(3)

Replacement of mobile homes. Because of the special nature of these provisions, each time a mobile home is moved off a site and replaced by another, the Planning Commission shall review the permit. The owners shall inform the Town of their intention to replace said mobile home and submit a description of the proposed mobile home. The Planning Commission shall review the permit at its next regularly scheduled meeting.

(4)

Design criteria.

a.

The mobile home park shall, as a minimum, comply with the regulations for mobile home parks issued by the State.

b.

Each manufactured home space may have only one mobile home located upon it. Minimum space width shall be 40 feet with a minimum length of 100 feet.

c.

Each mobile home space shall be served by a public water supply, sewer system, street, electrical service and telephone. All required improvements shall comply with any applicable Town standards and specifications.

d.

There shall be a minimum setback of 14 feet from the front of the space, 25 feet from the rear of the space and five feet from the sides.

e.

Interior roadways shall be to Town standards.

f.

All interior roads and walkways shall be well-lighted for safe movements and pedestrians.

g.

Two parking spaces within each mobile home space, plus identified common parking area for visitors to be provided at a ratio of one space for every two mobile home spaces.

h.

Adequate areas for snow storage throughout the development shall be provided.

i.

There shall be common refuse collection points adequate to serve all mobile home units.

j.

All utilities shall be underground.

k.

No outside storage shall be permitted, except in a storage building. Storage buildings shall be located in the rear half of the space. A five-foot rear setback is required for the outside storage building only. The setback for the rear of the housing unit shall be as listed in Subparagraph d. above.

l.

All patio awnings, covered parking and carports shall be regulated by the adopted Building Code and in accordance with the definitions of this Code.

m.

Ten percent of the total gross acreage of the park shall be provided as maintained, usable open space. The area allocated shall not include roadways, storage areas, mobile home spaces, parking and similar features.

n.

Skirting: All mobile homes shall be rigidly skirted within 30 days of placement.

o.

The owner of the mobile home park shall provide for a management staff to handle the daily enforcement and property management for the owner. The owner shall be responsible to ensure that the mobile home park is consistently in compliance with all requirements of this Code.

p.

The Board of Trustees shall require the owner of the mobile home park to provide a common storage area for items such as boats, trailers, travel homes, etc.

q.

Mobile homes to be located in a mobile home site must qualify for and obtain a siting permit pursuant to Section 16-2-20 of this Chapter.

(c)

Travel home park design requirements.

(1)

Travel home parks shall, at a minimum, comply with applicable state regulations for campgrounds and recreation areas.

(2)

No travel home shall be parked within 15 feet of any other travel home or accessory structure. 80 percent of all travel home spaces shall be provided with public water and sewer with access to a street at least 20 feet wide unless otherwise authorized by the Board of Trustees.

(3)

A service building meeting the applicable requirements of state regulations shall be provided.

(4)

Not less than ten percent of the total area shall be devoted to a park or recreation facility.

(5)

A travel home park must provide at least ten travel home park spaces.

(6)

The of the travel home park shall provide for a management staff to handle the daily enforcement and property management for the owner. The owner shall be responsible to ensure that the travel home park is consistently in compliance with all requirements of this Code.

(d)

Construction permit. No mobile home or travel home park may be constructed or enlarged until a permit for construction has been approved by the Planning Commission. An application for such permit, together with the plans showing the proposed park, shall be submitted, along with an application fee in the amount of the rate structure available at the Town Hall, payable to the Town Clerk/Administrator, who shall review the application to determine that it is in compliance with the requirements of this Article. No mobile home or travel home may be placed in a mobile home or travel home park or expansion thereto until the construction has been completed and approved by the Building Inspector as complying with the plans as approved by the Planning Commission.

(e)

Permitted uses. See the use charts listed as Table 16-4A and as follows: mobile home parks, travel home parks and mobile homes for rent or lease.

(f)

Performance standards. Mobile home parks and travel home parks shall comply with the requirements of Section 16-5-60 of this Chapter.

(g)

Livestock. No livestock shall be permitted in the MHP zone.

(Prior code 17.22.010, 17.35.010, 17.35.020, 17.35.030; Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The Commercial Business, CB, Zone provided for in this Section is established to provide locations for the exchange of goods and services and conduct of business in a reasonable and orderly manner. The intent of establishing this zone is to provide a relatively compact and convenient area for development of a combined business and commercial area.

(b)

Permitted uses. See the Tables contained in Section 16-4-60 of this Article and use charts listed as Table 16-4A. Permitted uses are as follows: accessory buildings and uses, amusements, indoor, artisan and photography studios and galleries, car washes and auto detailing, colleges and universities, drive-in eating and drinking establishment, dwelling units (see footnote ^** to Table 16-4A), financial institutions, gasoline sales, hospitals, medical and dental clinics, emergency or urgent medical care centers, hotels and motels, including restaurants and other incidental commercial uses inside the principal building, light industries, indoor and outdoor retail, eating and drinking establishments, membership clubs, museums, one-unit dwellings, pawn shops, personal services, including, but not limited to barbershops, beauty shops, dry-cleaning outlets, self-service laundries, shoe repair shops, printing and similar services, professional offices, including such fee-for-service establishments as legal, insurance, real estate and similar service providers, publicly owned buildings and uses, including schools, libraries and emergency services, self-storage units, two-unit dwellings, and utility installations, electric substations, sewer lift stations, telephone exchanges, gas regulators, major transmission lines and irrigation ditch rights-of-way; not including utility offices, repair, storage or production facilities. Primary structures, such as electric substations, sewer lift stations, etc., must be located more than 100 feet from residential units and approved by the Public Works Director.

(c)

Conditional uses. Conditional uses are contained in the Use Charts listed as Table 16-4A and as follows: adult-oriented businesses, animal day care facilities and indoor kennels, automobile parking lots and parking garages, bed and breakfasts, boardinghouses, commercial establishments, including but not limited to bulk cleaning and laundry plants, lumberyards, building equipment and wholesaling services, nursery stock production, yard equipment and supply dealers, firewood operations, transportation centers, trucking services, warehouses, wholesale operations and cold storage lockers, group residences, mobile offices, multi-unit dwellings, personal services, retailing goods serving only residents of an area in which these uses are located, private schools, public parks, playfields and playgrounds, recreational clubs, tennis clubs, swimming pools, golf courses and exhibit halls, and utility uses, including utility offices, repair, storage or production facilities, primary structures, such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines, must be located more than 100 feet from residential districts.

(1)

Other business and light industries which meet performance standards of Subsection (d) below.

(2)

Residential housing existing in the zone as a nonconforming use as of the date of the passage of the initial ordinance codified in this Chapter, which may have been discontinued, subject to the applicable nonconforming use requirements and the approval of the Board of Trustees.

(d)

Performance standards.

(1)

No livestock shall be permitted in the Commercial Business (CB) Zone.

(2)

No use shall be established, maintained or conducted in the CB Zone that will result in any public or private nuisance.

(e)

On-premises retail store permit for use of Town ROWs.

(1)

Definitions.

a.

Retail store means any retail store holding a valid business license, with the primary purpose of selling retail goods, wares, and merchandise to the public.

b.

Outside area means an area located on a sidewalk or other Town ROW that is immediately adjacent to the on-premises retail store premises and used for seasonal service outdoors.

(2)

Permit required; fees; term.

a.

Any on-premises retail store may sell retail merchandise in an outside area located on a sidewalk or other Town ROW or where the use of the sidewalk or Town ROW would allow access to an adjacent outside area.

b.

The application fee for this permit shall be set forth in a fee schedule adopted the Board of Trustees and amended from time to time.

c.

This permit shall expire at the time of expiration of the business license each year.

(3)

Eligibility for permit.

a.

An approved diagram of the current retail store and a diagram of the proposed changes to allow for the outside area shall be required by the applicant.

b.

The permitted premises, as modified, must comprise a definite area contiguous to the store and a sidewalk or Town ROW which can provide access to achieve such contiguous area. The extended retail store area will not encroach upon the sidewalk area of neighboring businesses or property.

c.

The permitted premises, as modified, will comply with Town building and zoning laws.

d.

Any Town, state, and federal taxes shall be timely paid.

e.

No permanent structure shall be erected on any sidewalk or Town ROW.

f.

Secure table umbrellas may be allowed so that the wind cannot lift the table umbrellas into traffic or the public causing injury or harm and upon Town approval. All merchandise, clothing racks, shelving, and other personalty may be placed on the sidewalk service area during the operating hours of the store and shall be removed at the conclusion of the business day from the sidewalk to inside the store for security and to avoid obstruction to pedestrians.

g.

The permitted premises, as modified, shall only operate during business hours and the owner or operator will be responsible for the safety, storage, and maintenance of any tables, chairs, umbrellas, lights, signage, etc., as may be required.

h.

Smoking shall not be allowed on any temporary outside service area.

i.

On-premises retail stores shall provide adequate space for pedestrian traffic which complies with the American with Disabilities Act of 1990. The permitted premises, as modified, shall only be allowed to use the inner ½ width of a sidewalk. Tables or chairs shall not interfere with pedestrian traffic on the sidewalks, and no obstacles, such as signs will be placed outside the ½ width area. There shall be a minimum of 48 inches, exclusive of the area occupied by proposed outdoor seating, designed to allow adequate pedestrian movement. Outdoor seating shall only be permitted when it is determined that the proposed seating areas will not create a hazard, a sight distance obstruction for motor vehicle operators, nor unduly impede pedestrian traffic. The Town Administrator shall determine when a hazardous condition exists. Outdoor seating may only be located adjacent to the establishment with which it is associated and may not extend past the associated property frontage. Outdoor seating areas must remain clear of litter, food scraps and soiled dishes at all times. Employees of the associated business shall continuously supervise outdoor dining areas.

j.

Tables, umbrellas, railings, planters, and any other objects provided with the sidewalk cafe or outdoor seating shall be of quality design, materials, and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the area. Such equipment shall be routinely cleaned, painted, or replaced and may be inspected by the Town Administrator.

k.

The outdoor area shall not obstruct nor interfere with pedestrian or vehicular traffic or with access to parked vehicles. The outdoor area shall not reduce sidewalk access and travel to less than four feet in width between the outdoor area and/or sidewalk outer edge, a tree, light post, sign pole, bench, planter, trash receptacles, fence, bicycle rack, newspaper box or other objects in or on the sidewalk.

l.

No structure or enclosure to accommodate the storage of accumulated garbage may be erected or placed upon adjacent to or near the outdoor seating area. Each establishment shall be responsible for providing appropriate containers for disposing of garbage or waste, and employees shall not use Town trash containers for disposing of garbage or waste.

m.

An outdoor seating area shall not interfere with any public service facility, such as a mailbox, fire hydrant, designated pedestrian crossing, or bench located on a sidewalk or public property.

n.

All outdoor seating areas shall be allowed to operate during the regular business hours of the associated business. The operation of an outdoor seating area shall not interfere with the set up or the operation of any special event. When there is a conflict, the outdoor seating area must be removed in its entirety for the duration of said conflict. Conflicts shall be determined by and in the sole discretion of the Town Administrator.

o.

The maintenance of an outdoor seating area shall be the responsibility of the associated establishment including, but not limited to, surface treatment and cleaning, litter control, sweeping and snow and ice removal. The outdoor seating area shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury. During periods of snow accumulation, the placement of tables, chairs, table umbrellas, railings, posts, planters, and other equipment associated with the operation of an outdoor seating shall be removed and all activities shall cease.

p.

Each permit application for outdoor seating shall be accompanied by an insurance policy or certificate of insurance, in an amount that shall be $1,000,000.00 combined single limit for bodily injury and property damage, each occurrence, $2,000,000.00 annual aggregate (which may be the applicant's basic liability policy, but also naming the Town as an additional insured party). An insurance company authorized to do business in the State of Colorado shall issue such insurance. The insurance certificate required by this Chapter shall be in effect for any period during which the outdoor seating is in operation. Failure to provide a current insurance certificate shall be cause for denial, suspension, or revocation of an outdoor seating permit No establishment shall operate a sidewalk cafe or provide outdoor seating without filing proof of proper insurance. Denied, suspended, or revoked permits may be reinstated upon submittal of proof of proper insurance.

(4)

Factors for grant of permit.

a.

The possession, by the permitee, of the adjacent premises by ownership, lease, rental, or other arrangement shall be required.

b.

Compliance with the applicable zoning laws of the Town regulations.

c.

The applicant shall balance the safety of patron, pedestrians, and traffic such that no such group shall be subject to an unreasonable risk of harm if the permit is granted.

(5)

Violation; penalty; enforcement.

a.

The Town may revoke the permit of any permitee herein for violating, failing, or refusing to comply with any provision of this Code amendment or any Rio Grande County or state law concerning serving food outdoors.

b.

It shall be unlawful to violate any of the provisions of this Code amendment, or of the permit issued hereunder. In addition, continuing violations of the ordinance from which this Section is derived, or of any permit issued hereunder is declared a nuisance, which may be abated in any lawful manner.

c.

Any person convicted of a violation of this Code amendment, order, rule, or regulation herein shall be subject to the Town's Municipal Code General Penalty Section 1-4-20.

d.

The permitee's rights hereunder are subject to the police powers of the Town. The permitee shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the Town or any other legally constituted government unit having lawful jurisdiction over the subject matter hereof. The Town reserves the right to exercise its police powers, notwithstanding anything in this Section, any permit issued hereunder, any franchise, or any other permit to the contrary. Any conflict between the provisions of the ordinance from which this Section is derived, any franchise, or any permit and any other present or future lawful exercise of the Town's police powers shall be resolved in favor of this subsection.

(f)

On-premises food establishment permit for use of Town ROWs.

(1)

Definitions.

a.

On-premises food establishment means any restaurant, drive-in or drive-through restaurant, hotel, brew pub, brewery, distillery, winery, bar, tavern, or limited indoor or outdoor recreation facility, so long as it offers, at a minimum, food products such as sandwiches or light snacks, whether it operates under a state liquor license or not.

b.

Outside area means an area located on a sidewalk or other Town ROW that is immediately adjacent to the on-premises food establishment premises and used for seasonal service outdoors.

(2)

Permit required; fees; term.

a.

Any on-premises food establishment, which has been issued a Town permit and holding a retail business license may serve food and beverages in an outside area located on a sidewalk or other Town ROW or where the use of the sidewalk or Town ROW would allow access to an adjacent outside area.

b.

Furnishings for outdoor seating shall consist solely of readily retractable belting stanchions (no hazardous hay/straw, or other natural materials) posts, tables, chairs, planters, table umbrellas and associated anchors (not permanent anchors). Furnishings may only be attached or secured in a manner approved by the Town Administrator. No "pop-ups" or canopies are allowed across the public sidewalk.

c.

Along with a detailed diagram, a control plan must be submitted which specifically addresses the number of seats that will be available in the outside area for food service establishments; how the servers will prevent food or beverages from going beyond the stanchions and how all Town and state liquor license laws will be adhered to, if applicable. Barriers may be "retractable" if approved by the Town Administrator in a manner to comply with the State Liquor Code.

d.

If an on-premises food establishment has a liquor license, a modification of premises approval by the Town and by the State of Colorado Liquor Enforcement Division is required.

e.

The permit fee for this permit shall be set forth in a fee schedule adopted the Board of Trustees and amended from time to time.

f.

This permit, stated in a. above, shall expire each year and shall be renewable with the licensee's liquor license.

(3)

Eligibility for license.

a.

An approved diagram of the currently on-premises food establishment and a diagram of the proposed changes to allow for the outside area, including (if the establishment has an alcoholic beverage license), the use of barriers approved by the Town and state licensing authority, is required. Barriers shall be required for establishments having HR (hotel restaurant), beer and wine, brew pub license, tavern license, distillery pub license, vintners license, and lodging and entertainment license, so as to indicate the perimeters of the extended license.

b.

The diagram must include the location of all Town required warning signs that must be posted in areas visible to the public, including all points of ingress and egress, regarding laws against public consumption of food or beverages beyond the retractable stanchions, as well as any other alcohol related signs, if applicable.

c.

Along with a detailed diagram, a control plan must be submitted which specifically addresses the number of seats that will be available in the outside area for food service establishments; how the servers will prevent food or beverages from going beyond the stanchions and how all Town and state liquor license laws will be adhered to, if applicable. Barriers may be "retractable" if approved by the Town Administrator in a manner to comply with the State Liquor Code.

d. Possession, by the permitee or licensee, of the adjacent premises by ownership or lease arrangement between Town and licensee for use of sidewalk or Town ROW is required.

e.

The permitted or licensed (in the case of alcohol establishments) premises, as modified, must comprise a definite contiguous area and a sidewalk or Town ROW which can provide access to achieve such contiguous area.

f.

The licensed premises, as modified, will not encroach upon, or overlap with the permitted or licensed premises of any other permitee or licensee.

g.

The permitted or licensed premises, as modified, must comply with Town building and zoning laws.

h.

The permitted or licensed premises, as modified, must comply with all other restrictions and requirements imposed by the Colorado Liquor Code and rules, if applicable.

i.

Any Town, state, and federal taxes shall be timely paid.

j.

No permanent structure shall be erected on any sidewalk or Town ROW.

k.

Bistro or small patio tables seating of no more than four shall be used.

l.

Secure table umbrellas may be allowed so that the wind cannot lift the table umbrellas into traffic or the public causing injury or harm and upon Town approval. All merchandise, clothing racks, shelving, and other personalty may be placed on the sidewalk service area during the operating hours of the store and shall be removed at the conclusion of the business day from the sidewalk to inside the store for security and to avoid obstruction to pedestrians.

m.

The permitted or licensed premises, as modified, shall only operate during business hours and if liquor is served, within the hours allowed by the State Liquor Code, the owner or operator will be responsible for the safety, storage, and maintenance of any tables, chairs, umbrellas, lights, signage, etc. as may be required. Such tables, chairs, umbrellas, lights, and signage shall be taken inside the building at the end each day of business.

n.

Smoking shall not be allowed on any temporary outside service area.

o.

On-premises retail stores shall provide adequate space for pedestrian traffic which complies with the American with Disabilities Act of 1990. The permitted premises, as modified, shall only be allowed to use the inner ½ width of a sidewalk. Tables or chairs shall not interfere with pedestrian traffic on the sidewalks, and no obstacles, such as signs will be placed outside the ½ width area. There shall be a minimum of 48 inches, exclusive of the area occupied by proposed outdoor seating, designed to allow adequate pedestrian movement. Outdoor seating shall only be permitted when it is determined that the proposed seating areas will not create a hazard, a sight distance obstruction for motor vehicle operators, nor unduly impede pedestrian traffic. The Town Administrator shall determine when a hazardous condition exists. Outdoor seating may only be located adjacent to the establishment with which it is associated and may not extend past the associated property frontage. Outdoor seating areas must remain clear of litter, food scraps and soiled dishes at all times. Employees of the associated business shall continuously supervise outdoor dining areas.

p.

Applicants shall be subject to all requirements set forth in subsection (e) of Section 16-5-70, as set forth in this Code amendment.

(4)

Factors for grant of license.

a.

The reasonable requirements of the neighborhood and the desires of the inhabitants in the case of alcohol establishments.

b.

The possession, by the licensee, of the changed premises by ownership, lease, rental, or other arrangement

c.

Compliance with the applicable zoning laws of the Town regulations.

d.

The applicant shall balance the safety of patron, pedestrians, and traffic such that no such group shall be subject to an unreasonable risk of harm if the license is granted.

(5)

Violation; penalty; enforcement.

a.

The Town may revoke the permit or license of any permitee or licensee herein for violating, failing, or refusing to comply with any provision of this Code amendment or any Rio Grande County or state law concerning serving food outdoors.

b.

It shall be unlawful to violate any of the provisions of this Code amendment, or of the permit issued hereunder. In addition, continuing violations of this section, or of any permit issued hereunder is declared a nuisance, which may be abated in any lawful manner.

c.

It shall be unlawful for any on-premises food establishment to serve food or beverages using Town sidewalks or other Town ROW in violation of this Code amendment.

d.

Any person convicted of a violation of this Code amendment, order, rule, or regulation herein shall be subject to the Town's Municipal Code General Penalty Section 1-4-20.

e.

The permitee's rights hereunder are subject to the police powers of the Town. The permitee shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the Town or any other legally constituted government unit having lawful jurisdiction over the subject matter hereof. The Town reserves the right to exercise its police powers, notwithstanding anything in this section, any permit issued hereunder, any franchise, or any other permit to the contrary. Any conflict between the provisions of this Section , any franchise, or any permit and any other present or future lawful exercise of the Town's police powers shall be resolved in favor of this Section.

(Prior code 17.25.010, 17.25.030, 17.25.040; Ord. No. 680, § 1, 7-7-2015; Ord. No. 757, 10-11-2023)

(a)

Intent. The Industrial (I) Zone is comprised of areas which provide for non-offensive types of manufacturing, processing and warehousing activities.

(b)

Permitted uses. Permitted uses in the Industrial (I) Zone are shown on Table 16-4A above and as follows: accessory buildings and uses, airports, amusements, indoor, automobile parking lots and parking garages, car washes and auto detailing, commercial establishments, including but not limited to bulk cleaning and laundry plants, lumberyards, building equipment and wholesaling services, nursery stock production, yard equipment and supply dealers, firewood operations, transportation centers, trucking services, warehouses, wholesale operations and cold storage lockers, commercial services (excluding retail stores), including but not limited to: furniture, household equipment, appliance repair; lumber brokers (excluding on-site inventory), nursery stock sales; building, plumbing, electrical, landscaping contractors and equipment; and rental establishments, light industries, indoor retail, eating and drinking establishments, manufactured home, auto, boat, truck and trailer storage, sales, repairs and rentals, mobile offices, publicly owned buildings and uses, including schools, libraries and emergency services, religious institutions, self-storage units, utility installations, electric substations, sewer lift stations, telephone exchanges, gas regulators, major transmission lines and irrigation ditch rights-of-way; not including utility offices, repair, storage or production facilities, primary structures, such as electric substations, sewer lift stations, etc., must be located more than 100 feet from residential units and approved by the Public Works Director, utility uses, including utility offices, repair, storage or production facilities, primary structures, such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines, must be located more than 100 feet from residential districts and vocational and business schools.

(c)

Use restriction. No livestock shall be permitted in the Industrial (I) Zone.

(d)

Conditional uses. Conditional uses in the I District are shown on Table 16-4A as published herein and as follows: adult-oriented businesses, agriculture, commercial plant crops, colleges and universities, community-wide sewage treatment plants, water supply and treatment plants, correctional facilities, group residences, one-unit dwellings, outdoor sales and repair, personal services, including, but not limited to barbershops, beauty shops, dry-cleaning outlets, self-service laundries, shoe repair shops, printing and similar services, personal services, retailing goods serving only residents of an area in which these uses are located, private schools, public parks, playfields and playgrounds, radio, television and microwave transmitting, receiving or relay stations or towers - commercial mobile radio systems, recreational clubs, tennis clubs, swimming pools, golf courses and exhibit halls.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Intent. The recreational vehicle park (RV) provided for in this Section is established to provide locations for recreational vehicles and campers to enjoy the Town of Del Norte within a park environment solely used for short time visitors, campers and tiny homes on wheels (THOW). This chapter shall set forth the minimum requirements for the application, development, operation and maintenance of RV parks and campgrounds in the City. The provisions of this chapter shall not affect City policies or agreements in respect to City property. The RV district is intended to provide adequate residential areas in which recreational vehicle parks, recreational vehicle subdivisions, camping trailers, fifth wheel trailers. Motor homes, recreational vehicles, travel trailers, multipurpose trailers, truck campers, and tiny homes on wheels (THOW) may be allowed. The RV District also provides for recreational vehicle parks and recreational vehicles subdivisions as follows:

(1)

Recreational vehicle parks designed for the purpose of renting recreational vehicle sites; and

(2)

Recreational vehicle subdivisions where the subdivided recreational vehicle lots are owned by individuals or an overall membership organization of which individuals are members. An application for a recreational subdivision is processed as a major subdivision in accordance with Chapter 17 of the Del Norte Municipal Code.

(b)

Permitted uses. See the tables contained in Section 16-4-60 of this Article and use charts listed as Table 16-4A. Permitted uses are as follows:

See the tables contained in Section 16-4-60 of this article and the use charts listed as Table 16-4A.

(c)

Conditional uses. Conditional uses are contained in the Use Charts listed as Table 16-4A and as follows: Commercial establishments, included but not limited to, park models, permanent tiny homes, yurts, personal services, retailing goods servicing only residents of an area within which these uses are located, parks, playfields, recreational clubs, tennis clubs, and swimming pools.

(Ord. No. 694, 4-12-2017)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:

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.

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.

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.

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."

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).

Open space 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.

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).

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.

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).

(Ord. No. 694, 4-12-2017)

RV parks and campgrounds shall be allowed only in areas designated as RV on the zoning map.

(Ord. No. 694, 4-12-2017)

Application for building site plan approval for the development of RV parks and campgrounds, if applicable, shall be made with the Town Administrator. The information listed and required under subsection (a) of this section shall be included with any application. The applicant is bound by the design and specifications shown on the final approved drawings.

(1)

Required information.

a.

Ten copies of drawings to a readable scale, showing the following:

1.

The area and dimensions of the subject tract or parcel,

2.

Topography,

3.

Number, location, design and layout of all campsites,

4.

Layout of interior roads and parking areas,

5.

Location and size of all structures to be included in the park,

6.

Landscaping,

7.

Placement of refuse containers and waste disposal sites,

8.

Plan for park lighting.

b.

Three copies of the detailed specifications for the following:

1.

Water supply and system,

2.

Sewage disposal system,

3.

Drainage plan,

4.

Construction and design features of interior roads, parking areas and buildings,

5.

Existing vegetation and vegetation proposed to be retained,

6.

Electrical infrastructure system.

c.

Conditional use application;

d.

Area map showing the subject property in relation to adjacent parcels of land;

e.

Hydrology study prepared by a licensed engineer to determine the preliminary and post development rates of runoff, using a 25-year storm;

f.

Plat and evidence of ownership obtained or updated within two weeks prior to making application;

g.

List of the property owners of record, within 300 feet of the exterior boundaries of the subject property;

h.

Traffic study by a certified engineer (may be required at the option of the Town);

i.

Areas within floodway, floodplain or shorelines must obtain appropriate permits;

j.

Other information as determined necessary by the Zoning Official and Public Works Director.

(2)

Application process. RV park and campground development applications shall be processed in the same manner as conditional use permits. In addition to those requirements specified for the processing of conditional use permits, the following criteria shall be applied to the review of RV park and campground developments:

a.

The proposed development will not result in the obstruction of or interference with existing traffic patterns in the area;

b.

The proposed development will not generate congested or undue RV traffic through residential zones or through the urban residential zones north and south of the Rio Grande River;

c.

The proposed development shall cause minimum disturbance to the natural environment surrounding waterfront and shoreline areas;

d.

Development must retain site in as natural a state as is feasible.

(Ord. No. 694, 4-12-2017)

(a)

A park attendant must be on duty within the park at all times.

(b)

Registration records must be kept on the occupancy of all RV parks. As a minimum, the registration form must have space for name, date, and permanent mailing address.

(c)

Upon request, registration records shall be made available to the Town and/or the Rio Grande County department of environmental and health services.

(d)

A Town inspection and occupancy permit shall be required prior to the opening of any RV park and/or campground.

(e)

Time of stay each year. No recreational vehicle or park tenant shall stay a length of time which exceeds 30 days of the time during which that RV park and/or campground is approved to operate. Tenants of the RV park must re-register with the RV park on a monthly basis.

(f)

Interior roads and parking areas shall be gravel, asphalt or concrete and be maintained in such a manner so as not to cause hazard, inconvenience or negative impact on park tenants, use by emergency vehicles or the general public.

(g)

Park areas shall be kept free of litter and debris at all times.

(h)

Service buildings shall be maintained in a sanitary condition at all times.

(i)

Animals traveling with campers shall be kept on a leash or tethered within their campsite at all times unless they are permitted within a designated area for pets.

(j)

RV park or campground shall be subject to the rules and regulations of the Del Norte Fire District.

(k)

The developer, to whom approval was initially granted, or approved subsequent developer, or owner, shall be accountable to the Town for adherence to these regulations.

(l)

Operator shall provide for continued maintenance of landscaping and buildings.

(Ord. No. 694, 4-12-2017)

(a)

Minimum parcel size. A minimum parcel of five acres shall be required for the development of RV parks and campgrounds.

(b)

Campsite design standards.

(1)

In the location and spacing of campsites, there shall be a minimum of 12 feet between RVs and/or structures, except in areas designated for end to end parking.

(2)

Campsites shall be clustered in such a manner as to provide no less than one water access for each five campsites providing that such water access is no more than 50 feet from any one of the campsites it is intended to serve.

(3)

All campsites shall be well drained; storm water shall be conveyed to approved treatment and detention facilities.

(4)

Restroom facilities shall be located within 400 feet of any campsite. Handicapped access to restroom facilities is required.

(c)

A maximum density of 25 campsites per acre will be allowed, to be determined by dividing total number of campsites by total number of acres in the park.

(Ord. No. 694, 4-12-2017)

(a)

Interior roads shall have a minimum width of 20 feet. (One-way roads may be allowed with a minimum width of 12 feet.)

(b)

Interior roads shall be well drained.

(Ord. No. 694, 4-12-2017)

(a)

A minimum of one auto parking space shall be provided inside the area of each campsite.

(b)

One additional auto parking space shall be provided for each ten campsites, which can be adjacent to the RV parking area or located elsewhere in the park. A minimum of nine feet by 19 feet shall be allowed for each additional parking space.

(c)

Additional parking space shall not be provided on interior roads.

(Ord. No. 694, 4-12-2017)

(a)

Accessory uses are allowed whose primary usage and enjoyment are for park tenants.

(b)

Accessory uses shall be placed no closer than 150 feet from any exterior park boundary.

(c)

A service building and park office shall be provided in all RV parks and campgrounds.

_____

(d)

Restroom requirements:

_____

(e)

All structures to be used in the design and development of RV parks and campgrounds shall be of permanent structures, meeting International Building Code requirements.

(Ord. No. 694, 4-12-2017)

For campgrounds over five acres, open space of 12 percent is required. Campgrounds under five acres require 20 percent open space. Buffers are not to be included as open space.

(Ord. No. 694, 4-12-2017)

(a)

Screening and setbacks.

(1)

Parks in the RV zone shall require a 25-foot setback along any property boundary that is adjacent to any public street right-of-way and from all exterior lot lines of the property boundaries.

(Ord. No. 694, 4-12-2017)

(a)

Any RV park or campground having Town sewer or water lines available shall be required to hook up to Town water and sewer systems.

(b)

In RV parks and campgrounds not having sewer or water lines available, any alternative systems shall require approval of the Public Works Director for the Town and shall be sufficient in meeting the qualitative and quantitative requirements of the state and county Departments of Environmental and Health Services.

(c)

Fire flow requirements must be met.

(d)

The Town shall require that the applicant provide an estimate of water and sewer use to determine sewer and water connection fees, and the applicant will be charged a single connection fee consistent with the provisions of the Del Norte Municipal Code.

(Ord. No. 694, 4-12-2017)

(a)

No campsite shall be located in excess of 100 feet from any refuse container.

(b)

Such containers shall be made of heavy and durable material with lids.

(c)

Such containers shall have a holding capacity of not less than 30 gallons.

(d)

At least one two-yard standard dumpster shall be required to be located near a facility entrance for convenient pick-up. More than one such dumpster may be required, depending on the number of sites to be served and the number of weekly pick-ups.

(Ord. No. 694, 4-12-2017)

Prior to operation of an RV park or campground area, applicant shall provide proof of adequate insurance to protect customers. No RV park or campground shall be allowed to operate unless all improvements are in place.

(Ord. No. 694, 4-12-2017)

(a)

Any expansion of an existing campground must meet new requirements. If expansion is in excess of 50 percent of existing areas, total campground must be brought up to new requirements.

(b)

Campgrounds shall not open until each and every improvement is in and approved by the Town.

(c)

Campsites are to be well marked and numbered.

(d)

Fully serviced campsites may be used to reduce required number of toilets, lavatories and urinals; this reduction is at the discretion of the Planning Commission as a conditional use. However, all developments in excess of 40 sites must comply with requirements governing 40 sites or more.

(e)

No external structures are to be attached to RVs.

(f)

A sanitary waste station shall be provided, unless all campsites are connected to an approved sewer system. Unless other approved means are used, the sanitary station shall be designed and constructed to include the following:

(1)

Easy ingress and egress from a service road for camping vehicles and located not less than 50 feet from a campsite;

(2)

Connection to the sewer system by a trapped four-inch sewer riser pipe and vented not more than ten feet downstream from the trap by a four-inch vent, adequately supported and extending at least eight feet above the ground surface;

(3)

The sewage inlet surrounded by a curbed concrete apron or trough of at least three feet by three feet, sloped to the inlet, and provided with a suitable hinged cover milled to fit tight;

(4)

A means for flushing the immediate area and a camping vehicle holding tank shall be provided at each sanitary waste station. It shall consist of a properly supported water riser pipe, terminating two feet above the ground with a three-fourths-inch valved outlet and attached hose. The water outlet shall be protected against back siphonage and backflow by an approved vacuum breaker installation located downstream from the shutoff valve.

(Ord. No. 694, 4-12-2017)

Enforcement procedures and the penalties resulting from violations of this chapter shall be administered pursuant to Section 1-4-20 of the Del Norte Municipal Code.

(Ord. No. 694, 4-12-2017)