(a)

Travel homes may be parked, if unoccupied, for storage on property other than Town-owned property, as long as they are located within all setbacks.

(b)

A travel home may be located (and occupied if desired) within a mobile home park for no more than 30 weeks in any calendar year.

(c)

Travel homes may be parked temporarily up to 24 hours upon public streets if properly registered and licensed, and if lawfully parked at a location which does not create a nuisance or hazard.

(d)

A mobile home shall not be stored within the Town limits except in a mobile home park authorized under Section 16-5-60 of this Chapter.

(Prior code 17.28.020; Ord. No. 680, § 1, 7-7-2015)

(a)

Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this Chapter, and shall also comply with the following limitations:

(1)

A greenhouse or hothouse may be an accessory to a dwelling only if there are no sales from the premises.

(2)

Accessory dwelling unit (ADU). An accessory dwelling unit (ADU) is a separate, complete housekeeping unit limited to no more than two bedrooms, living room, kitchen, and at least ¾ bathroom facilities with its own entryway. ADUs may be either detached (standalone or above an accessory building) or integrated (in a basement, upstairs or in an attached addition) to an existing dwelling. An ADU may be added as a part of an existing primary residence, new construction, the conversion of an existing structure, a conversion of an existing house, or after a new primary house is built within Code guidelines on the same lot.

a.

One ADU is allowed in RI, R2, and CH on parcels meeting or exceeding 7,500 square feet in area.

b.

Permit. Any ADU must have an initial conditional use permit filed and approved in accordance with the provisions of Article 8, Chapter 16 of the Del Norte Municipal Code with the Town of Del Norte along with town building permits.

c.

Size. All ADU's must have a minimum of 300 square feet of finished floor space.

1.

Integrated ADUs. The finished floor space of an integrated ADU shall not exceed 650 square feet except that ADUs that are located entirely in basements or attics are not subject to this requirement.

2.

Detached ADUs. The finished floor space of detached ADUs shall not exceed 650 square feet.

d.

Water/sewer/access. All ADU's must have a letter from the Town utility department stating that it approves of one principal dwelling unit and one ADU on the property in regard to access, available water, sewer and other utilities. No more than one principal structure and one dwelling unit shall exist on any Town lot.

e.

Additional regulations. All ADUs must:

1.

Meet current Town setback requirements;

2.

Be on a permanent foundation;

3.

Follow current building/health codes with the county building permitting system;

4.

Be subject to a final inspection and approval by the county building inspector;

5.

No part of any accessory dwelling shall be located within ten feet of any principal structure unless it is attached to, or forms a part of, the principal structure;

6.

One additional off-street parking space shall be provided for each ADU. Sharing existing driveways is acceptable if all parking spots can be accessed only if one vehicle is not blocking the other in or requiring parking on the street;

7.

ADUs are encouraged to provide workforce housing;

8.

Each ADU shall have, at the minimum, one sleeping area, one kitchen area, and ¾ bathroom;

9.

No ADU can be used as a Short term rental (STR);

10.

The following are not eligible as ADUs: shipping containers, sheds, travel trailers, tree houses, trailer coaches, motor homes, camper coaches, fifth wheel trailers, recreational park trailers, recreational vehicles, truck campers, or similar mobile homes;

11.

ADU's located in RI and R2 zones require the owner to occupy one of the units on the parcel. If located in the Commercial Highway zone, the owner of the parcel must be a permanent resident of Rio Grande County;

12.

Residential ADUs existing at the time of the effective date of this code provision shall be subject to the provisions of Article 7 (Nonconforming Uses), Sections 16-7-10 through 16-7-30 of the Del Note Municipal Code.

(3)

The renting of rooms to one person, not a member of the family residing in the same one-unit dwelling, may be permitted as an accessory use, provided that the total number of unrelated persons, including roomers in any one dwelling unit, shall not exceed three persons.

(4)

A swimming pool may be permitted in any district as an accessory use, subject to the following additional requirements:

a.

No public or private swimming pool may be located in any required front or side setback abutting a street.

b.

Every swimming pool must be completely surrounded by a fence or wall not less than six feet in height, with no openings large enough to permit children to pass through other than gates or doors that can be fastened to protect against entry. A building may be used as part of the required enclosure.

c.

All gates or doors opening through such enclosures must be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use.

d.

All swimming pools shall comply with the adopted Building Code and the National Electrical Safety Code.

(b)

Accessory structures shall comply with all requirements for the principal structure except where specifically modified by this Chapter, and shall also comply with the following limitations:

(1)

No part of any accessory structure shall be located closer than ten feet to any principal structure unless it is attached to, or forms a part of, the principal structure.

(2)

Accessory structures shall not be located in the front setback of a principal structure.

(c)

Accessory structures and uses shall otherwise comply with the regulations applicable in the district in which they are located.

(Ord. No. 680, § 1, 7-7-2015; Ord. No. 735, 4-14-2021; Ord. No. 753, 2-8-2023)

(a)

The temporary uses of land shown on Table 16-6A are permitted in particular zoning districts, subject to specific regulations and time limits and to the other applicable regulations of the district in which the use is permitted.

(b)

No temporary use permit shall be required for outside displays for sale of items from vending machines, newspaper sales racks and other machines.

(c)

Temporary structures shall be removed not more than seven calendar days after occupancy of the permanent building is permitted. Temporary stands, motor vehicles and trailers shall be removed on the date of termination of the permit unless a specific date is stated.

Table 16-6A
Temporary Use Chart

(Ord. No. 680, § 1, 7-7-2015)

________

All new permitted and special review uses in all Districts are required to submit a landscaping plan as part of the application for a site permit and building permit.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The purpose of these standards is to require that homes be placed within neighborhoods in a manner that assures that the homes are compatible with adjacent properties and reflect the character of the neighborhoods in the Town.

(b)

Any person wishing to place a one-unit dwelling, two-unit dwelling or manufactured home Class A on a lot of record within the Town shall provide to the Town Clerk/Administrator the following on a form provided by the Town or copies of original documents:

(1)

Scaled building site plan for the lot showing proposed location of the single-family home on the lot, including all setbacks required in the zone district, all adjacent rights-of-ways, lot lines and lot dimensions.

(2)

Location of required off-street parking spaces.

(3)

All existing and proposed sidewalks, curb cuts, driveway, access and handicapped ramps.

(Ord. No. 680, § 1, 7-7-2015)

The following types of structures or structural parts are not subject to the building height limitations of this Chapter: chimneys, storage tanks, church spires, belfries, domes, public monuments, flagpoles, elevator shafts, grain elevators, ranch and farm accessory uses, silos, outdoor movie screens and other similar projections.

(Ord. No. 680, § 1, 7-7-2015)

Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may not be constructed within three feet of the property line or project more than three feet into required open space as established by coverage standards.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The vision clearance area shall contain no plantings, walls, fences, structures or temporary or permanent obstructions between two and one-half feet and eight feet in height, except for trees or signs. The height shall be measured from the top of the curb or existing grade.

(b)

Vision clearance areas shall be provided with the following distance establishing the size of the vision clearance area:

(1)

At street intersections in the RU, R1, R2 and MHP Districts, the minimum distance shall be 30 feet. At alley intersections in a residential district, the minimum distance shall be ten feet.

(2)

At street intersections in the CH and I Districts, the minimum distance shall be 15 feet. When the angle of intersection between streets is less than 30 degrees, the distance shall be 25 feet. At alley intersections, the minimum distance shall be ten feet.

(Ord. No. 680, § 1, 7-7-2015)

(a)

All exterior business and industrial activity areas, including but not limited to parking areas, service areas and outdoor storage areas, shall be screened by means of plant materials, earth mounding, architectural screens or siting so as to provide visual and aural separation between these elements and adjacent residential property, whether existing or proposed.

(b)

Salvage junkyards shall be screened with no less than an eight-foot-high opaque solid fence or earth berm so as to provide visual and aural separation between such use and adjacent areas.

(c)

All extractive industries shall be screened by means of plant materials, earth mounding or solid fencing no less than eight feet in height to provide visual and aural separation between such use and adjacent areas.

(d)

The boundary of the manufactured home single-wide park shall be landscaped, including hedges, evergreens, shrubbery or a six-foot screening wall which will serve as a buffer. Such landscaping, fences or walls, and the setback areas adjacent thereto, shall be properly maintained by the park owner.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The following Table 16-6B identifies limitations on the number and type of animals permitted in each zoning district. The animal inventory of pet shops is exempt from these limitations. Said inventory numbers shall be governed by regulations pertaining to retail and wholesale pet animal dealerships (pet shops) set by the Colorado Pet Animal Care Facilities Program.

TABLE 16-6B
Animal Regulations

________

(b)

Animal-based businesses.

(1)

It is unlawful for any person to maintain or operate any pet shop, animal day care center or kennel within the Town without first having obtained a license. The annual license fee for such businesses shall be set by resolution of the Board of Trustees. License applications must be accompanied by a copy of the applicant's current state license issued by the Colorado Department of Agriculture Animal Industry Division. Applications must also be accompanied by a plan for animal waste management. The Town may revoke or suspend any animal-based business license issued under this Section when the facility for which such license has been issued is found to be in violation of this Chapter or of any other applicable law. This Section shall not apply to and shall not be construed to require an animal-based business license for a veterinarian to board animals receiving veterinary medical care or to board animals which are under observation.

(2)

Pet shops, animal day care centers and kennels shall be confined in a building that is totally enclosed, and all animals shall be confined exclusively to that building. Such businesses may not have outside runs or pens, and none of the animals owned by such businesses shall be harbored or housed outside of the building at any time for any reason.

(3)

The sale or offering for sale of sick, injured, weak or un-weaned animals is prohibited.

(4)

All pet shops, animal day care centers and kennels shall be maintained according to the regulations enacted for such businesses by the Colorado Pet Animal Care Facilities Program. Copies of such regulations are available for review at the Community Development Department or from the state Program, 700 Kipling Street, Suite 4000, Lakewood, CO 80215. Regulations include standards for physical facilities, sanitation, ventilation, lighting, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, medical treatment, methods of operation and recordkeeping.

(c)

Additional regulations pertaining to control of animals in the Town are specified in Chapter 10 of this Code.

(Ord. No. 680, § 1, 7-7-2015; Ord. No. 702, § B, 6-13-2018)

(a)

No fence may exceed six feet in height, except by review from the Planning Commission.

(b)

No structure, shrub, bush or fence shall exceed 30 inches in height within 25 feet, measured from the point of intersection of curb lines extended.

(c)

Prior to building a fence, an owner or his or her agent shall file a statement with the Town Clerk/Administrator stating:

"I have examined my property located at (legal description) and I verify that the construction of my fence will not extend onto real property owned by the Town of Del Norte."

This statement shall be dated and signed. The Town shall not be obligated to verify placement of fences, nor shall a building permit be required.

(Prior code 17.28.040; Ord. No. 680, § 1, 7-7-2015)

(a)

The purposes of this Section are to encourage major business activities to be conducted in appropriate commercial zones; to allow for home occupations that are compatible with the neighborhoods in which they are located as an accessory use; to safeguard peace, quiet and domestic tranquility within certain residential neighborhoods within the Town; to protect residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects of commercial uses being conducted in residential areas; to provide a means to terminate home occupations if disruption of a residential neighborhood occurs; and to preserve the residential character of residentially zoned areas of the Town while allowing limited home occupations. Home occupations may be conducted based upon the following criteria, and the business/sales tax license holder shall be bound by said criteria:

(1)

The home occupation shall be an accessory use by a bona fide resident of the dwelling that is clearly secondary and incidental to the family use of the dwelling unit. There shall be no physical evidence of the home occupation other than allowed signage.

(2)

The home occupation shall not physically change or alter the external appearance of the principal or accessory structures. Interior alterations for the purpose of accommodating the home occupation are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living room and/or all of the bedrooms.

(3)

The home occupation shall not involve the use of any yard space for storage or display of supplies, inventory or equipment when such use is in conjunction with the sale or production of goods or services.

(4)

There shall be complete conformity with fire, building, plumbing, electrical and all other municipal, county, state and federal codes.

(5)

The home occupation shall not necessitate a demand for municipal, community or utility services that are substantially in excess of those usually and customarily provided for residential uses.

(6)

The home occupation shall not directly or indirectly interfere with or disrupt the peace, quiet and domestic tranquility of the neighborhood by producing or creating odor, smoke, dust, heat, fumes, light, glare, construction, sounds, noises, vibrations or other nuisances, including interferences with radio and television reception or other adverse effects associated with its use as a business that may be discernible beyond the premises.

(7)

No process may be used in home occupations which is hazardous to the public, health, safety, morals or welfare.

(8)

Visitors, customers and vehicular traffic shall not exceed that normally and reasonably occurring in the neighborhood where the home occupation is conducted so that neighbors will not be significantly impacted by its existence.

(9)

The home occupation may include the sale of commodities; however, direct sale from display shelves is not permitted at the premises.

(10)

Vehicles or equipment may not be used primarily for the purpose of advertising the home occupation at the site of the home occupation. Any vehicles or equipment displaying such advertising shall not be visible from the public right-of-way.

(11)

The receipt or delivery of merchandise, goods or supplies for use in the home occupation shall be limited to vehicles with a gross vehicle weight rating of 36,000 pounds or less.

(12)

No visitors in conjunction with the home occupation (clients, patrons, students, pupils, etc.) shall be permitted between the hours of 10:00 p.m. and 6:00 a.m.

(13)

The home occupation shall be carried on wholly within the principal and/or accessory building.

(14)

The home occupation shall not occupy more than 20 percent of the gross floor area of the home and, if located in an accessory building, not more than 5 percent of the total lot area.

(15)

Home occupation signs shall be decorative, the design of which shall be approved in advance of placement by the Town Clerk/Administrator, shall not exceed six square feet per face, and may be placed anywhere on the premises below the roof line of the residence or building to which it is attached. The design may not project onto a public right-of-way and may not be illuminated, except for indirect lighting, from between dusk until 10:00 p.m.

(16)

Business/sales tax licenses are not transferable to any person other than the original applicant, or to locations other than that indicated in the original application.

(17)

Although more than one home occupation may be allowed at any residential dwelling, the provisions of this Section shall apply to the total area allowed for all such home occupations.

(b)

It is unlawful for any person to engage in or conduct a home occupation within the Town without first having procured a home occupation license, a Town sales tax license and a state sales tax license. Such licenses shall be renewed yearly and shall be maintained in good standing in compliance with the provisions of this Section, as well as all other provisions of this Code and the state statutes.

(c)

The Board of Trustees may, by resolution, from time to time adopt application and licensing fees for home occupations, and such fee schedules are incorporated by reference into the provisions of this Section.

(d)

Any violations of this Section shall be punishable in accordance with the provisions of Section 1-4-20 of this Code.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Definition. Storage/shipping container means a metal, fiberglass, or similar unit designed for transport or storage of household or business equipment, goods, machinery, or furnishings on either a temporary or permanent basis.

(b)

Size. The maximum size of such unit shall not exceed eight feet, six inches in height not more than eight feet in width, and not more than 20 feet in length. Any size exceeding such dimensions will be subject to a conditional use procedure as set forth in Article 8 of this Chapter. Not more than one container will be allowed on each parcel of property, provided that parcels containing multiple lots may be considered for additional container(s) pursuant to the conditional use procedure.

(c)

Placement of all storage/shipping containers will be subject to a permit issued by the Town Clerk and based upon a plot plan, submitted by the applicant, showing all principal and accessory structures upon the subject property and subject to the same setbacks and other requirements as accessory structures as set forth in Section 16-6-20 of this Article and shall be placed on a suitable base.

(d)

Placement of such container units in Planned Unit Development (PUD) areas will be subject to conditional use approvals as set forth in Section 16-8-10 et seq. of the Del Norte Municipal Code.

(e)

Such containers shall not be placed in the front yard setbacks of any industrial, commercial, or residentially zoned districts, except as a conditional use in accordance with the procedures set forth in Article 8 of this Chapter, which procedures shall likewise apply to any such container over 160 square feet in floor space.

(f)

Shipping/storage containers shall be of colors compatible with the industrial, commercial, or residential zoned areas upon which they are placed and/or reasonably suitable fencing, screening, or siding will be utilized by the property owner. The Town Administrator will notify and receive input from nearby property owners prior to receiving a permit.

(g)

Temporary uses, such as construction sites, shall be considered by the Town Administrator on a case by case basis, prior to issuing or denying a permit, which may indicate a reasonable schedule of time duration for placement and removal of such containers based upon reasons for placement and compatibility with neighboring property. After the property owner has been issued a certificate of occupancy (C.O.), the container shall be removed as scheduled by the Town Administrator unless it conforms to all other requirements of this Article.

(h)

Conformance to the standards and conditions established by the Town Administrator will be accomplished by the property owner within six months of issuing the permit, for the absence of such permit will be considered cancelled. Such placement may require screening, specific time duration, and like factors regarding plot compatibility.

(i)

No shipping/storage containers shall be placed on public streets or rights-of-way and, if so placed, shall be subject to immediate removal and impoundment by the Town.

(j)

Existing containers which were placed prior to this Section and prior to any previous moratoria concerning such placements shall conform to the standards in this Section not later than one year after the effective date of such moratorium.

(Ord. No. 717, 7-10-2019)

Editor's note— Ord. No. 717, adopted July 10, 2019, set out provisions intended for use as § 16-6-40. For purposes of classification, and at the editor's discretion, these provisions have been included as § 16-6-130.