This title shall be known and cited as the town of New Castle zoning code or the town of New Castle zoning ordinance. The uses of the word "ordinance" and "code" shall be interchangeable for the purposes of this title.

(Prior code § 13-02-010)

The provisions of this title are the minimum requirements for the protection of the public health, safety, comfort, convenience, order, prosperity and welfare. It is the intent of this title to achieve the foregoing by regulating uses of land to prevent congestion of roads and streets; to minimize danger and loss from fire, flood, and natural hazards; to avoid excessive concentration of population; to provide off-street parking; to maintain access to light and air; to preserve natural drainage ways and natural resources in a manner compatible with reasonable use of land; to segregate conflicting uses of land; to foster economic development; and to provide a reasonable use for all private owned property consistent with the goals and policies of the town and in accordance with the comprehensive plan as developed and adopted by the town.

Furthermore, the town takes note of its limited capability to service new growth and seeks to protect the citizens from offensive noise, dust, odors, heat, glare, smoke, air pollution, water pollution, crowding of buildings, and abnormal vehicular traffic.

(Prior code § 13-02-020)

A.

This title applies within the corporate limits of the town now and hereafter established.

B.

The provisions of this title shall not annul or abrogate any lawful permit or use lawfully established on the effective date thereof.

(Prior code § 13-02-030)

This title is authorized by Chapter 31, Article 23, C.R.S., as amended.

(Prior code § 13-02-040)

As used in this title, the following words shall be interpreted and defined in accordance with the provisions set forth in this section.

A.

Rules of Construction.

1.

The particular controls the general.

2.

The word "shall" is always mandatory and not directory; the word "may" is permissive.

3.

Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

4.

Words used in the present tense include the future, unless the context clearly indicates the contrary.

5.

The phrase "used for" includes "arranged for," "designed for," "maintained for," and "occupied for."

B.

Definitions. The following listed specific words and terms are defined as follows:

"Accessory dwelling unit (ADU)" means an attached or detached dwelling unit that is accessory and subordinate in size and character to a principal building situated on the same lot or parcel, and that otherwise satisfies the requirements contained in this section.

"Adult entertainment establishment" or "sexually-oriented business," as more fully described in Chapter 5.24, means an adult arcade, adult bookstore, adult video store, adult novelty store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment or other similar business and includes any of the following:

1.

The opening or commencement of any sexually-oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;

3.

The additions of any sexually-oriented business to any other existing sexually-oriented business; or

4.

The relocation of any sexually-oriented business.

The definition of sexually-oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or other similar professional person licensed by the state engages in medically-approved and recognized sexual therapy.

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

"Animal hospital" means a veterinary hospital where animals are brought for medical and surgical treatment to be held during the time of such treatment. All facilities for holding the animals on the premises shall be housed in a completely enclosed building and used incidental to such medical and surgical services only.

"Basement" means a story of a building, partly or wholly underground.

"Boardinghouse" or "roominghouse" means a building other than a hotel, cafe or restaurant where for direct or indirect compensation, lodging and/or meals are provided for three (3) or more boarders and/or roomers exclusive of the occupant's family.

"Building" means any structure built for the shelter or enclosure of persons, animals, chattels, property or substances of any kind, excluding fences. To qualify as one building for the purposes of this title, all portions, additions or extensions shall be connected by an attachment that is an enclosed part of the building, and which is usable by the occupants thereof.

Building, Accessory. "Accessory building" means a building incidental or subordinate to the principal building which is located on the same lot, or on a contiguous lot in the same ownership with principal building.

Building, Principal. "Principal building" means the main building on a lot as distinguished from a subordinate or accessory building.

"Building coverage" means any area or a portion of a lot that is covered by all buildings on that lot.

"Building height" means the vertical distance measured from the lowest point of the natural grade on the lot within twenty-five (25) feet of the tallest side of the building to the uppermost point of the roof of the building; provided, however, that if the lot upon which a building is to be built has a slope greater than fifteen (15) percent, building height shall be defined as the vertical distance measured from the average existing grade within the building setback envelope to the uppermost point of the roof of the building.

"Bulk" means spatial dimension of mass.

"Business and professional office" means the office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons and any office used primarily for accounting, correspondence, research, editing, or administration.

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

"Campground" means land, with or without appurtenant structures, used to provide temporary living facilities for transients solely for recreational or recreation-related uses.

"Child care center" means a facility, by whatever name known, which is maintained for the whole or in part of a day, for the care of five or more children under the age of sixteen (16) years and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, and centers for mentally retarded children, and includes those facilities which give twenty-four (24) hour care for dependent and neglected children, and those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades.

"Clinic" means offices for one (1) or more physicians, surgeons, dentists, or other practitioners of the healing arts, but does not include rooms for the abiding of patients.

"Club" means any membership organization, including a lodge catering exclusively to members and their guests, and whose facilities are limited to meeting, eating and recreational uses, and whose activities are not conducted principally for monetary gain.

"Commercial amusement" means an enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the activity. Commercial amusements include miniature golf courses, arcades, ferries wheels, children's rides, roller coasters, skating rinks, ice rinks, bowling alleys, pool parlors and similar activities.

"Common open space" means a parcel of land, an area of water, or combination of both land and water, within any site designated as a planned unit development. Common open space does not include streets, alleys, parks, off-street parking and loading areas, public open space or other facilities dedicated by the developer for public use. Common open space shall be substantially free of structures, but may contain such improvements that are approved as part of the planned unit development and are appropriate for the recreation of residents of the planned unit development.

"Common property" means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in planned unit development or other described land areas.

"Comprehensive development plan" means the comprehensive development plan for the town which has been officially adopted to provide long-range development policies for the town and which includes, among other things, the plan for land use, land subdivision, circulation and public facilities.

"Conditional uses" means those uses allowable only by special permission of the town council (see "Special review use").

"Density" means the number of dwelling units per acre of land devoted to housing and related open space (see "Gross and net density").

"District" means an area or areas within the limits of the town for which the regulations and requirements governing use, lot, and bulk of building and premises are uniform.

"Domestic animals" means animals commonly kept as household pets.

"Drive-in establishment" means an establishment that is designed to provide, wholly or in part, service to customers while they remain in their automobiles parked upon the premises.

Dwelling, Multiunit or Multifamily. "Multiunit or multifamily dwelling" means a building used by two or more families living independently of each other in separate dwelling units, but does not include hotels, motels, or resorts.

Dwelling, Single-Family. "Single-family dwelling" means a detached principal building, other than a mobile home, designed for or used as a dwelling exclusively by one family as an independent living unit.

"Dwelling unit" means one room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure and served by not more than one gas meter and one electric meter.

"Easement" means authorization by a property owner for the use by the public, a corporation, or persons of any designated part of his or her property for specific purposes.

"Employees" means all persons, including proprietors, working on the premises during the largest shift at peak season.

"Family" means an individual or two or more persons related by blood or marriage, or an unrelated group of not more than four persons living together in a dwelling unit.

"Family child care home" means a dwelling in which a permanent occupant of the dwelling provides less than twenty-four (24) hour care at any time for two (2) or more children that are unrelated to each other or the provider, and are cared for in the provider's place of residence.

"Farm animal" means various animals domesticated by man, primarily used for food, i.e., horses, cows, goats, pigs, etc.

"Fence" means a free-standing structure of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

"Floodplain" means as defined in the floodplain ordinance of the town.

"Floor area" means the amount of space within a structure that can be used to perform the function of the structure.

"Floor area ratio (FAR)" means the total enclosed gross floor area of all buildings or structures on a zoning lot divided by the area of said lot. "Enclosed" includes covered decks or porches. Building gross floor area square footage to be used in the FAR calculation shall be determined from all building floors at or above grade. The square footage of floor area below grade shall not be included in the FAR calculation unless twenty (20) percent or more of the building exterior walls for that story are exposed above grade, in which case the gross floor area of that building story shall be included in the FAR calculation.

"Frontage" means that portion of a lot, parcel, tract or block abutting upon a street or other right-of-way.

Garage, Private. "Private garage" means an accessory building or accessory portion of the main building designed for the shelter or storage of motor vehicles owned or operated by occupants of the main building only.

Garage, Public. "Public garage" means a garage, other than a private garage, used for the housing or care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

"Gross density" means the number of dwelling units per acre of land in the entire development.

"Group home" means a building used as a communal dwelling unit by up to eight unrelated persons including, but not limited to, persons who are: (a) over the age of sixty (60); (b) developmentally disabled; or (c) mentally ill, but not including a "family" as defined in this section.

"Guest house" means an accessory building that is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use, and is intended for occupancy only by guests of the family residing in the single-family dwelling. Kitchen facilities are not allowed.

"Guestroom" means a room in a hotel, apartment hotel, motel or tourist home offered to the public for compensation, used only for transient occupancy, and in which no provision is made for cooking.

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

"Home occupation" means an occupation carried on in the dwelling or accessory building by members of the family occupying the dwelling and/or one employee, and no other person, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes.

"Homeowners association" means an incorporated, nonprofit organization operating under recorded land agreements through which:

a.

Each lot and/or homeowner in a planned unit development or other described land area is automatically a member;

b.

Each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

c.

Such charge, if unpaid, becomes a lien against the property.

"Hospital" means any building or portion thereof used for diagnosis, treatment and care of human ailments, but does not include medical clinics, rest homes and retirement homes.

"Hotel" means an establishment that provides temporary lodging in guestrooms and in which meals, entertainment and various personal services for the public may or may not be provided.

"Kennel" means a lot or building in which four or more dogs or cats at least six (6) months of age are kept commercially for board, propagation, or sale.

"Laboratory" means a building or portion of a building devoted to experimental studies or testing and analysis of materials.

"Lot" means a portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building use and its accessories, together with such yards as are required under the provisions of this title, having not less than the minimal area, usable open space, and off-street parking spaces required by this title for a lot in the district in which such land is situated, and having frontage on a street. A lot must be an integral unit of land held under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership.

"Lot area" means the total horizontal area within the lot lines of a lot.

Lot, Corner. "Corner lot" means a lot of which at least two adjacent sides abut for their full length upon a street.

"Lot coverage" means the total square footage of the building footprint of the principal and accessory buildings (not including storage sheds) divided by the total square footage of the lot and expressed as a percentage.

"Lot depth" means the average horizontal distance between front and rear lot lines.

Lot, Double Frontage. "Double frontage lot" means a lot which runs through a block from street to street and which has nonintersecting sides abutting on two or more streets or other rights-of-way.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

Lot Line, Front. "Front lot line" means the property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line. For a double frontage lot, the local street right-of-way line shall be considered as the front lot line, or, if both streets are local streets, the lot line to the front of a structure or abutting structures as established by architectural detail and plan shall be considered as the front lot line.

Lot Line, Rear. "Rear lot line" means the property line opposite the front lot line.

Lot Line, Side. "Side lot line" means any lot line other than a front or rear lot line.

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

"Maximum employment" means the average number of persons employed on the primary shift during the annual peak production period.

"Mobile home" means as defined in Section 17.80.010.

"Mobile home park" means as defined in Section 17.80.010.

"Motel" means a hotel which usually is arranged in such a manner that individual guestrooms are directly accessible from an automobile parking area.

"Net density" means the number of dwelling units per acre of land dedicated to residential or commercial usage, excluding public open space, streets, alleys and common driveways.

"Nonconforming lot" means any parcel of land, held in separate ownership from adjoining properties, which does not conform to the minimum lot area required by this title, prior to the effective date of this title or any predecessor or amendment thereto.

"Nonconforming structure or use" means a lawful existing structure or use at the time this title or any amendments thereto become effective which does not conform to the requirements of the district in which it is located.

"Off-street loading space" means a space located outside of a public street or alley for the discharge of passengers, or a space directly accessible to the building it serves for bulk pickups and deliveries by delivery vehicles.

"Off-street parking area" means any parking area located wholly within the limits of one (1) or more lots.

"Open space" means land that is free of structures.

"Parking space" means an adequate area containing maneuvering and access space required for the standard American automobile to park within the area.

"Permitted use" means a use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a special use permit.

"Personal service shop" means an establishment for the purpose of supplying limited personal services such as, but not limited to, barber shops, shoe repair shops, boot repair shops, or beauty shops.

"Planned unit development" means a project of a single owner or a group of owners acting jointly, involving a related group of residences, businesses, or industries, and associated uses, planned as a single entity and therefore subject to development and regulation as one land use unit rather than as an aggregation or individual buildings located on separate lots. The planned unit development includes usable, functional open space for the mutual benefit and is designed to provide variety to the entire tract; and is designed to provide variety and diversity through the variance of normal zoning and subdivision standards so that maximum long-range benefits can be gained, and the unique features of the development or site preserved and enhanced while still being in harmony with the surrounding neighborhood. Approval of a planned unit development does not eliminate the requirements of subdividing.

"Planning commission" means the officially appointed planning commission of the town.

"Premises" is a general term that means part or all of any lot, parcel or tract, or part or all of any building or structure or group of buildings or structures located thereon.

"Private horse stables" means any area wherein a horse, mule and/or donkey(s) is(are) maintained for private, noncommercial recreation.

"Private utility" means any utility other than a municipally owned and operated utility, including telephone, electric and gas utilities, and other privately owned and operated utilities.

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

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

"Public horse stables" means any area wherein a horse, mule and/or donkey(s) is(are) maintained for public, commercial, recreation for hire or boarding for hire.

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

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

"Rooming unit" means a room that provides minimal housing accommodations for a roomer, is arranged primarily for sleeping and study, and in which may be included a private bath, but such room shall not include any kitchen equipment such as a refrigerator, sink or cooking device.

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

"Screening" means decorative fencing, evergreen hedges or earth berms maintained for the purpose of concealing from view the area behind such screening.

"Service station" means a building or premises on or in which the principal use is the retail sale of gasoline, oil, or other fuel for motor vehicles and which may include, as an incidental use only, facilities used for the polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but may not include liquefied petroleum gas distribution facilities, facilities for major repairs of motor vehicles, or rental operations.

"Setback line" means a line or lines designating the area outside of which buildings may not be erected.

"Shopping center" means a composite arrangement of shops and stores, developed as an integral unit, which provide a variety of goods and services to the general public.

"Sign" means as defined in Chapter 17.18.

"Special review use" means a use that, although not permitted outright in a particular district, may be permitted by the planning commission and the town council in accordance with the standards and procedures set out in this title (see "Conditional use").

"State licensed group home" means a home licensed by the state which serves not more than eight developmentally disabled persons (persons having cerebral palsy, multiple sclerosis, mental retardation, autism or epilepsy) and appropriate staff.

"Storage shed" means an accessory building structure with or without a subsurface foundation, erected for the shelter or enclosure of chattels, property or substances of any kind. A storage shed may be in a permanent or temporary fixed location, and may not exceed one hundred twenty (120) square feet of ground surface area within the perimeter of the shed.

"Story" means as defined in the Uniform Building Code.

Street, Arterial. "Arterial street" means any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the town, which forms part of a network of through streets and which provides service and access to abutting properties only as a secondary function.

Street, Collector. "Collector street" means any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

Street, Expressway. "Expressway street" means any divided street or highway with complete access control and grade-separated interchanges with all other public streets and highways. For the purposes of this title, the term "freeway" includes the term "expressway."

Street, Local. "Local street" means any street other than an arterial, collector, or expressway street whose sole function is to provide access to adjacent land.

"Structure" means anything constructed or erected with a fixed location but does not include poles, lines, cables, or other transmission or other distribution facilities of public utilities.

"Structural alteration" means any change to the supporting members of a structure including foundations, bearing walls, partitions, beams, columns, or girders, or any structural change in the roof.

"Townhouse" or "rowhouse" means one of a group of not fewer than three nor more than twelve (12) attached dwelling units, each dwelling unit located on a separate lot. No single group shall exceed two hundred forty (240) feet in length.

"Travel campers" (also to include facilities referred to as campers, camp trailers, or travel trailers) means a living unit designed for temporary occupancy and equipped for use with wheels or mounted on motorized vehicles for the purposes of transporting or relocating by highway transportation.

"Unit" means one (1) or more rooms or spaces that, when connected together, compose a separate and independently transferrable structural area, whether used for residential or non-residential purposes, and that may, but need not, form an individual component of a larger building.

"Use" means the purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

Use, Accessory. "Accessory use" means a structure or use incidental or subordinated to the main use of the property, including a home occupation which is located on the same lot, or on a contiguous lot in the same ownership, with the main use.

Use, Principal. "Principal use" means the main use of land or of a structure as distinguished from a subordinate or accessory use.

Uses, by Right. "By right uses" means those uses allowable on a piece of property without conditional review.

"Variance" means a legal modification of applicable zoning district provisions, such as yard, lot area or width, use, building, setback, and off-street parking and loading regulations, granted due to the peculiar conditions existing within a single piece of property.

"Vision clearance area" means a triangular area, also referred to herein as a "sight triangle," on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines and intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.

"Yard" means an open space on a lot that is unobstructed from the ground upward except as otherwise provided in this title.

Yard, Front. "Front yard" means the yard between the side lot lines and measured horizontally at right angles from the front lot line to the principal structure.

Yard, Rear. "Rear yard" means the yard extending between the side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the principal structure.

Yard, Side. "Side yard" means the yard between a principal structure and the side lot line, measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main principal structure.

(Ord. 2004-21 § 3; Ord. 2004-7 § 2(A); Ord. 2003-17 § 1; Ord. 2003-16 § 1; prior code § 13-02-050)

(Ord. No. 2011-4, § 2(B), 4-19-2011; Ord. No. TC-2017-3, § 3, 7-18-2017; Ord. No. TC 2022-1, § 2, 1-18-2022)

After the effective date of this title, no structure or premises shall be used or occupied, and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered contrary to the provisions of this title. No portion of a lot area, open space, off-street parking space or yard required about or in connection with any building for the purpose of complying with this title may be included as area or yard similarly required for any other building or its use.

(Prior code § 13-02-060)

Whenever a provision of this title, and any other provision of this title, or any provision of any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of this title shall be in conformity with all other provision of the law.

(Prior code § 13-02-070)