All accessory uses and structures except fences, landscaping, retaining walls and unenclosed parking shall be located inside the minimum setback line.

In any zone district in which a home occupation is a permitted use or has been authorized by a conditional use permit, the establishment and continuance of a home occupation shall be an accessory use subject to the following limitations and restrictions:

A.

Properties within SF/HD, SF/MD, SF/LD, RR or AG zone districts:

(1)

Such use shall be conducted entirely within a dwelling and carried on principally by the residents thereof. No dwelling may be used for a home occupation unless it is devoted primarily to a residential use.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling for residential purposes, and shall not change the residential character thereof.

(3)

The total area used for a home occupation shall not exceed the equivalent of one-half the floor area of the first floor of the dwelling unit.

(4)

There shall be no advertising, display, or other indications of home occupation on the premises, except one sign without neon or flashing lights, no bigger than six square feet.

(5)

A home occupation may not primarily involve onsite retail sales. A home occupation primarily involves on-site retail sales if one-half or more of all customer trips to the dwelling unit consist of the customer coming to the dwelling to complete a sale or pick up purchased goods. Retail sales may be made in connection with other permitted home occupations.

(6)

There shall not be exterior storage on the premises of material used in the home occupation.

(7)

There shall not be excessive traffic, significant and frequent truck deliveries, or excessive noise, vibration, smoke, dust, mud, dirt, odors, or glare noticeable at or beyond the property line, as a result of the home occupation. Such conditions shall be considered excessive if they exceed the typical ambient range of variability present in the neighborhood.

(8)

The owner of the property in which a home occupation is being conducted shall comply with all applicable on-street parking restrictions and shall provide additional off-street parking spaces reasonably adequate to accommodate the needs created by the home occupation of not less than one off-street parking space for any home occupation and one additional off-street parking space for each additional 300 square feet of floor area devoted to the home occupation or for each employee, whichever is greater.

(9)

Only one operational vehicle that exceeds 22,000 pounds is allowed upon the property and such vehicle cannot be allowed to idle before 7:00 a.m. or after 7:00 p.m.

(10)

Maximum of three employees working for the owner of the property in which the home occupation is being conducted.

(11)

Washing of vehicles or heavy machinery is not permitted.

B.

Properties within CH, IC, CP, MD, or MF zone districts:

(1)

Such use shall be conducted entirely within a dwelling and carried on principally by the residents thereof. No dwelling may be used for a home occupation unless it is devoted primarily to residential use.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling for residential purposes, and shall not change the residential character thereof.

(3)

The total area used for a home occupation shall not exceed the equivalent of one-half the floor area of the first floor of the dwelling unit.

(4)

There shall be no advertising, display, or other indications of home occupation on the premises.

(5)

There shall be no onsite retail sales.

(6)

There shall not be exterior storage on the premises of material used in the home occupation.

(7)

There shall not be excessive traffic, significant and frequent truck deliveries, or excessive noise, vibration, smoke, dust, mud, dirt, odors, or glare noticeable at or beyond the property line, as a result of the home occupation. Such conditions shall be considered excessive if they exceed the typical ambient range of variability present in the neighborhood.

(8)

There shall not be any additional parking spaces needed for the home occupation above the spaces required for the dwelling unit.

(9)

No vehicles over 22,000 pounds are allowed on the property related to the home occupation.

(10)

No employee(s) other than those who also reside in the dwelling shall operate out of the property in which the home occupation is being conducted.

(11)

Washing of vehicles or heavy machinery is not permitted.

(Ord. No. 2023-02, § 2(Exh. C), 2-28-23)

No barbed wire and no electrically charged fence shall be erected or maintained in any residential district, except rural residential (RR), agricultural (AG), nor shall such a fence be erected or maintained in a commercial historical district (CH), an interstate commercial district (IC), a commercial professional district (CP), or market district (MD). Erection of such a fence in a developing resource district (DR), an institutional district (ID), a light industrial district (LI), or a heavy industrial district (HI) shall be permitted.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

(a)

Limited use. Accessory dwelling units (ADUs) are a limited used subject to the requirements of this section 18.10.040, receipt of an ADU permit from the town, and allowed only on lots with a single-family home either within certain residential zone districts as outlined in 18.07.010 table of residential uses or within a planned unit development unless prohibited by the PUD Guide.

(b)

ADU permits.

(1)

Permits for new ADUs.

a.

An owner of a single-family home in an approved residential zone district may apply for a permit to construct and operate an ADU on the property. Applications must be made in writing on forms provided by the town, submitted to the town planner or his or her duly authorized representative, showing how and in what manner the criteria of this section 18.10.040 are met, and must include a statement of current ownership, a legal description of the property, an executed deed restriction as required by subsection 18.10.040(c)(14) in the form provided by the town, and a $250.00 application fee. If the property is not served by the town for water, the applicant must also provide evidence of sufficient water rights to accommodate the additional use created by the ADU. If the property is not served by the town for sewer, the applicant must also provide approval from the Eagle County Health Department that the property has an adequate septic system to serve the additional use created by the ADU.

b.

Applications must be submitted concurrently with either the application for a building permit for construction of a detached ADU, or, if the ADU is to be integrated into a new single-family dwelling, with the building permit application for the single-family dwelling unit. A certificate of occupancy will only be granted to an ADU after it has been granted to the primary dwelling unit.

c.

ADU permits will be issued administratively by the town planner or his or her designee and may contain conditions designed to minimize the adverse impacts of the proposed use on neighboring properties as determined by the town planner or designee. No notice or public hearing is required prior to issuance of an ADU permit. In determining whether to grant an ADU permit, the town planner or his or her duly authorized representative shall review the completeness of the application, payment of all required fees, and whether the application meets all requirements of this section 18.10.040, and if so, the town planner or his or her duly authorized representative will issue an ADU permit.

d.

The town may provide copies of approved ADU permits to emergency service providers, including but not limited to the Eagle County Sheriff, Gypsum Fire Protection District, Eagle County, Eagle County Health Service District, and Greater Eagle Fire Protection District.

e.

ADU permits for new ADUs automatically expire one year after issuance if the property owner has not received a certificate of occupancy for the ADU.

f.

ADU permits are only valid for the individual or entity who is the property owner at the time of approval. ADU permits may be transferred to a new property owner, provided the property passes a re-inspection by the town and upon payment to the town of a $50.00 permit transfer fee. The inspection and transfer fee may be waived if, prior to closing, the town performed a pre-sale inspection and were paid a reinspection fee pursuant to section 18.10.040(d). If the ADU permit is not transferred for any reason within 120 days of closing, the permit shall expire.

g.

Approval, approval with conditions, or denial of an ADU permit are actions that may be appealed by the property owner to the planning and zoning commission, and which shall follow the process set forth in 18.10.040(e)(2).

(2)

Permits for illegal ADUs existing prior to November 1, 2020.

a.

Property owners of unpermitted ADUs existing prior to November 1, 2020 ("Existing ADUs"), must submit an application for an ADU permit no later than June 1, 2021. The applicant shall pay a permit fee of $500.00, which may be paid either at the time of application or in installments of $250.00 at the time of application with the remaining $250.00 paid within three months of application. Full payment of the permit fee is required before a permit is issued for the Existing ADU.

b.

Health and Safety. Each Existing ADU must meet health and safety requirements. The building official shall inspect the property and ADU to determine compliance with all applicable building code requirements.

c.

Water and Sewer Fees. Prior to issuance of a permit for an Existing ADU, the property owner must pay to the Town all water and sewer fees for the Existing ADU due from January 2018 to the date of permit issuance. If a property owner can provide clear and convincing evidence that the Existing ADU was installed after January 2018, the water and sewer fees due shall he those from the date the Town determines that the ADU was installed to the date the ADU permit is issued.

d.

Except as otherwise set forth in this section 18.10.040, applications for an existing ADU shall follow the same ADU permit application process and must meet the same requirements as applications for new ADUs.

e.

Any property with an Existing ADU that fails to submit a completed ADU permit application by June 1, 2021, fails to obtain an approved ADU permit, or fails to comply with any conditions of the ADU permit, will be in violation of this section 18.10.040 for construction and operation of an illegal ADU and shall remove the ADU in accordance with section 18.10.040(e). Any property owner who continues to operate an illegal ADU and any tenants of the ADU shall be subject to fines and enforcement actions.

(c)

ADU requirements.

(1)

In addition to the off-street parking provided for the primary residence each property with an ADU shall have a minimum of one dedicated off-street parking space per ADU bedroom, but no more than two total parking spaces dedicated to the ADU. Parking is prohibited on landscaping and yard areas, must be contained within a garage or on a driveway, and must comply with all requirements of the Town Code. If the ADU is in an area where on-street parking is permitted and the property cannot legally accommodate additional off-street parking for the ADU, in lieu of off-street parking the town will issue up to two on-street parking passes for use by residents of the ADU.

(2)

No ADU shall be used as a short-term vacation rental of fewer than 30 days.

(3)

Only one ADU is allowed on each lot. The ADU may be integrated within the basement or other floor of the single-family home, as a detached structure in the rear or side of the property, or as a unit above an attached or detached garage.

(4)

An ADU shall not exceed 800 square feet of gross floor area, or 50 percent of the gross floor area of the primary single-family dwelling unit, whichever is less. For the purposes of this subsection, square footage calculations shall exclude any garage, porch or similar area. This requirement shall not apply to existing ADUs.

(5)

An ADU shall not be subdivided or sold separately from the primary dwelling unit.

(6)

ADUs are not permitted on lots smaller than 6,500 square feet, regardless of the zone district. This requirement shall not apply to existing ADUs.

(7)

The exterior of an ADU shall be similar in appearance to that of the primary dwelling unit, including but not limited to, materials, color, roof pitch and detailing.

(8)

Utility service requirements. ADUs may be served through the utility services of the primary dwelling unit or may have separate services. Additional water and sewer usage fees will be charged for each ADU pursuant to section 13.04.070 of the Town Code. To comply with chapter 8.04 of the Town Code, each ADU must have its own container and pay separate fees for the container and collection and disposal of refuse.

(9)

Prohibited accessory dwelling units. Mobile homes, travel trailers and recreational vehicles shall be prohibited for use as an ADU.

(10)

Building code compliance and declaration of use.

a.

ADUs shall meet all requirements of title 15. This requirement shall not apply to existing ADUs that receive an ADU permit pursuant to subsection 18.10.040(b)(2).

b.

If a new construction or remodel appears to create a new dwelling unit which includes a stovetop, the property owner will be required to obtain an ADU permit even if the owner has no intention of renting the ADU. However, if the area that meets the requirements of an accessory dwelling unit does not include a stovetop, the property owner must sign a declaration of use in a form acceptable to the town which will be recorded with the county clerk and recorder stating that the property may not be used as a separate dwelling unit at any time, and that the unit currently is and will continue to be used only by the occupant of the primary dwelling, or the occupant's immediate family, and not rented separately

(11)

No home occupations shall be permitted in either the primary residence or the ADU.

(12)

Owner occupancy. The property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the primary residence or the ADU. This requirement shall not apply to existing ADUs, unless the property is sold.

(13)

Occupancy. No more than two persons per bedroom shall occupy an accessory dwelling unit.

(14)

Deed restriction. Upon issuing an ADU permit the town may file with the county clerk and recorder, the signed declaration of restrictions in reference to the deed under which the property was acquired by the present owner stating that:

a.

The ADU shall not be sold separately from the primary dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision is permissible in accordance with all provisions of titles 15, 17 and 18 of the Code;

b.

The ADU shall be restricted to the approved size;

c.

The ADU is the only ADU on the property;

d.

Home occupations are prohibited in the ADU and in the primary residence;

e.

The above restrictions run with the land and are binding upon any successor in ownership of the property;

f.

It shall be unlawful for any property owner or tenant not to comply with the deed restrictions;

g.

The deed restrictions shall lapse upon removal of the ADU. To affect this intent and upon verification of such removal, the town shall record appropriate documentation releasing such encumbrance. The property owner shall pay all required recording fees, and it shall be the property owner's responsibility to ensure that such recording is successfully completed.

(d)

Pre-sale inspection. Prior to the sale of any property with an ADU, the owner shall schedule a re-inspection by the town to determine continued compliance with the Code and the ADU and pay a $50.00 re-inspection fee. An approved inspection shall be valid for a period of 120 days. If no sale has taken place within that time an additional re-inspection shall be required, and the town may charge an additional re-inspection fee.

(e)

Enforcement.

(1)

Violations. The town may investigate violations of this section 18.10.040 and violations of conditions of an ADU permit, issue notices, and abate violations in the same manner as provided in section 8.05.050 of the Gypsum Municipal Code.

(2)

Revocation of permit. The town planner or his or her designee is hereby granted concurrent power and authority to revoke any ADU permit for violation of any regulations of the Town of Gypsum, including violations of this section 18.10.040, or for violations of any of the conditions imposed upon the ADU permit. Written notice will be served on the property owner at the address contained in the permit, setting forth a clear and concise allegation of the violation. If such person does not reside within the Town, service may be made by U.S. Mail, postage prepaid, to the mailing address on file with the county assessor's office. A property owner may appeal to the planning commission any decision to revoke or deny an ADU permit. Such appeal must be in writing, submitted to the town clerk within seven days of the decision, and must state the reasons why such permit should not be suspended, revoked, or the application denied. Within 45 days of the submittal of the appeal, the planning commission will hold an administrative hearing to determine whether to uphold or overturn the decision. The town clerk will provide the applicant or permit holder with seven days' notice of the time and place of such hearing. After hearing evidence from the property owner and the town planner or designee, the planning commission may issue a verbal decision and may thereafter issue written findings which shall be final and conclusive. The planning commission may promulgate additional rules and regulations or procedures to govern any such hearing and/or review. The decision of the planning commission shall be subject to review by the municipal court by filing a complaint that includes the specific allegations of error no more than 14 days after the final decision by the planning commission. The municipal court's review shall be limited to a determination of whether the planning commission exceeded his or her jurisdiction or abused his or her discretion, based on the evidence in the record before the planning commission. Any appeal of the decision of the municipal court shall be brought in district court as a civil matter pursuant to Rule 106 of the Colorado Rules of Civil Procedure.

(3)

Removal required. Within 60 days of the expiration or revocation of an ADU permit, no person shall continue to occupy an ADU as a separate dwelling unit and the property owner shall remove the ADU and return the property to its single-family use status as a single dwelling unit by either:

a.

Removing the kitchen within the ADU and any physical separation between the ADU and the balance of the unit, and obtaining inspection by the town verifying completion of the removal; or

b.

Leaving the kitchen within the ADU and removing any physical separation between the ADU and the balance of the unit and obtaining inspection by the town verifying completion. Owner and/or the town shall also sign a declaration of use in a form acceptable to the town planner, which will be recorded with the county clerk and recorder stating that the property may not be used as a separate dwelling unit at any time, and that the unit currently is and will continue to be used only by the occupant of the primary dwelling, or the occupant's immediately family, and not rented separately.

(4)

Limitations on re-application. Upon revocation of an ADU permit or the failure of the owner of an existing ADU to apply for a permit within the period required by section 18.10.040(b)(2)(a), or to remove an ADU as required by this section 18.10.040(e), the property owner shall be prohibited from reapplying for an ADU permit for any location within the town for a period of three years following the date of revocation or conviction.

(Ord. No. 2017-04, § 5(Exh. A), 5-9-17; Ord. No. 2020-14, § 1(Exh. A), 10-27-20)