Unless otherwise specified, district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, or such lines extended.

(Prior code § 13-08-010)

An accessory building and use is a subordinate use of a building, other structure, or tract of land, or subordinate building or other structure:

A.

Which is clearly incidental to the use of the principal building, other structure or use of land;

B.

Which is customary in connection with the principal building, other structure or use of land; or

C.

Which is ordinarily located on the same lot with the principal building, other structure or use of land.

(Prior code § 13-08-020)

The following exceptions to the front yard setback requirement for dwellings abutting local streets, not including collector or arterial streets, are authorized for a lot in any district:

A.

lf there are dwellings on both abutting lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard of the abutting dwellings.

B.

If there is a dwelling on one abutting lot with a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth one-halfway between the depth of the abutting lot and the required front yard depth.

(Prior code § 13-08-030)

The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, belfries, monuments, fire and hose towers, observation towers, transmission towers, flagpoles, commercial radio and television towers, masts, aerials, cooling towers, elevator shafts, ranch and farm accessory uses, and other similar projections.

(Prior code § 13-08-040)

Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than three feet onto a required yard or into required open space as established by coverage standards.

(Prior code § 13-08-050)

No part of a principal building shall be located closer then ten (10) feet to any other building on the same lot unless attached.

(Prior code § 13-08-060)

A home occupation shall be allowed as a permitted accessory use provided a business license is issued by the town and all of the following conditions are met:

A.

Such use shall be conducted entirely by the inhabitants living in the principal dwelling and/or one employee and no others;

B.

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

C.

The total area used for such purposes shall not exceed one-half the floor area of the user's dwelling unit;

D.

There shall be no exterior advertising other than identification of the home occupation; advertising shall not solicit or direct persons to the address;

E.

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line;

F.

There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation; and

G.

The operation shall not generate objectionable traffic in the area and off-street parking shall be provided to accommodate the parking needs of the home occupation.

(Prior code § 13-08-070)

The following uses of land are permitted in each zoning district (unless restricted to particular zoning districts as provided immediately following) subject to the applicable regulations of the district in which the use is permitted, and to the specific regulations and time limits that follow:

A.

Christmas tree sales in any nonresidential district for a period not to exceed forty-five (45) days. Display of Christmas trees need not comply with the yard and setback requirements of this title, provided that no tree shall be displayed within a vision clearance area;

B.

Contractor's office quarters and equipment sheds accessory to a construction project, to continue only during the duration of such project;

C.

Real estate offices incidental to new housing developments to continue only until the sale or lease of all lots in the development, but not exceeding one (1) year and subject to renewal under the discretion of the planner.

(Prior code § 13-08-080)

A.

Smoke. No use shall be permitted in any district unless it conforms to the standards established by the Colorado Department of Public Health's rules and regulations pertaining to emission of smoke.

B.

Particulate Matter. No operation shall be conducted unless it conforms to the standards established by the Colorado Department of Public Health's rules and regulations pertaining to emission of particulate matter.

C.

Dust, Odor, Gas, Fumes, Glare or Vibration. No operation shall be conducted unless it conforms to the standards established by the Colorado Department of Public Health's rules and regulations pertaining to emission of dust, odor, gas, fumes, glare or vibration.

D.

Radiation Hazards and Electrical Disturbances. No operation shall be conducted unless it conforms to the standards established by the Colorado Department of Public Health's rules and regulations pertaining to radiation control.

E.

Noise. No operation shall be conducted unless it conforms to the standards established by the Colorado Department of Public Health's rules and regulations pertaining to noise.

F.

Water Pollution. No operation shall be conducted unless it conforms to the standards established by the Colorado Department of Public Health's rules and regulations pertaining to water pollution.

(Prior code § 13-08-090)

Any light used for the illumination of parking areas, off-street loading areas or any other purpose must be arranged in such a manner that it meets the following conditions:

A.

Lights must be shielded so that the beams or rays of light will not shine directly into surrounding areas or buildings;

B.

Neither the direct nor the reflected light from any light source may shine onto a roadway or create a traffic hazard to operators of motor vehicles on public thoroughfares;

C.

No beacon lights or blinking, flashing or fluttering lights or other illuminated device that has a changing light intensity, brightness or color shall be permitted in any district.

(Prior code § 13-08-100)

A.

Purpose. Vision clearance areas/sight triangles are established on all corner lots in order to maintain optimum conditions for vehicular and pedestrian traffic movements for safety, to minimize hazards, and to help protect life and property.

B.

Specific Provisions. Fences, hedges, walls and vegetation may be permitted in the established vision clearance areas/sight triangles, subject to the following conditions and requirements:

1.

Corner lots shall be considered as any lot or property which abuts a street, alley, railroad or other similar right-of-way or easement boundary line on at least two sides.

2.

On corner lots, the erection of any fence, wall, hedge or vegetation over thirty (30) inches above the top of the adjacent curb, which obstructs a motor vehicle operator's view, shall not be permitted within the sight triangle, except for trees with branches and foliage removed to a height of eight feet above the ground, and open wire fencing that does not obscure more than ten (10) percent. Where there is no curb, the height shall be measured from the top of the existing adjacent street surface nearest to the property line part of the sight triangle.

3.

The minimum distance specified for any vision clearance area/sight triangle shall be thirty (30) feet, or at intersections including an alley, the minimum distance shall be ten (10) feet.

(Prior code § 13-08-110)

The renting of rooming units to one or two persons not members of the family residing in the same dwelling unit may be permitted as an accessory use, provided the following conditions are met:

A.

Rooming units must not be more than one-third of the total floor area of the dwelling unit;

B.

The dwelling unit must have only one meter for each utility;

C.

Adequate off-street parking must be provided for the roomers, in addition to that required for the dwelling unit; and

D.

A conditional use permit must be obtained.

(Prior code § 13-08-120)

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 yard or side yard abutting a street.

B.

Every swimming pool must be completely surrounded by a fence or wall not less than forty-eight (48) inches 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 dwelling house or accessory building may be used as part of such required enclosure.

C.

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

D.

The discharge of water from the pool to the sewer shall be specified by the town water and sewer committee.

(Prior code § 13-08-130)

A.

Any use permitted in a zoning district which intends to conduct a portion or all of its business with persons desiring to remain in their automobiles, or which allows products to be consumed on the premises outside the principal building, and which is not subject to the special review provisions of Chapter 17.84 or is not a part of a planned unit development under Chapter 17.100 must submit a site plan including screening to be reviewed and approved by the planning commission.

B.

In reviewing and approving the site plan for such a use, the planning commission must be satisfied that the traffic circulation adjacent to the site is arranged so that internal and external pedestrian and vehicular movements are compatible and traffic hazards are minimized.

(Prior code § 13-08-140)

Salvage and construction yards shall be screened from view by natural terrain, dense foliage and/or adequate fencing.

(Prior code § 13-08-150)

The following regulations shall apply in all districts to the storage and use of travel trailers, tent trailers, pick-up campers or coaches, motorized dwellings, boats and boat trailers, snow vehicles, cycle trailers, utility trailers and vans, horse trailers and vans, and similar vehicular equipment:

A.

Such vehicular equipment shall not be stored or parked closer than eighteen (18) inches to any proposed or existing public sidewalk, and in no instance shall it project into the public right-of-way.

B.

Any such vehicular equipment that exceeds thirty (30) inches in height shall not be parked in a vision clearance area.

C.

Travel trailers, tent trailers, pick-up campers or coaches, motorized dwellings and/or vans shall not be used for living or housekeeping purposes except when located in an approved mobile home park or in a campground providing adequate sanitary facilities, and no business shall be conducted within such equipment parked or stored unless the planner has given approval.

D.

Travel trailers, tent trailers, detached pick-up campers or coaches, boats and boat trailers, cycle trailers, utility trailers and vans, horse trailers and vans, which are parked and stored out-of-doors shall be adequately blocked and/or tied down or otherwise secured so that such vehicles do not roll off the lot and are not otherwise moved about by high winds.

E.

No vehicular equipment regulated by this section shall be stored out-of-doors on a residential lot unless it is in condition for safe and effective performance of the functions for which it was designed or intended.

(Prior code § 13-08-160)

Mobile homes shall be located only in mobile home parks and as otherwise specified in Chapter 17.80.

(Prior code § 13-08-170)

No structure will be allowed to be constructed within the identified one hundred (100) year floodplain, nor shall any structure be allowed to be constructed on slopes in excess of thirty-five (35) percent. Slopes of between twenty-five (25) percent and thirty-five (35) percent shall require special construction.

(Prior code § 13-08-180)

All modular units placed within the R-1 residential zone district, the R-2 residential district, the R-3 multi-family residential zone district, the R-4 residential zone district, the C-1 commercial zone district, the C-2 commercial zone district, the industrial zone district, the performance zone district, the highway business zone district, the commercial general zone district, and the commercial transitional zone district shall be placed on a permanent poured concrete or block foundation. These foundations shall have footers designed for the soils on site and wall construction that meets the following design standards:

A.

Modular Block Foundation (see Figure 1).

1.

All block is to be eight inches by eight inches by sixteen (16) inches CMUs.

2.

Top course shall be a bond beam with two No. 4 rebar continuous.

3.

Every corner cell and at least one cell every thirty-two (32) inches shall contain one No. 4 rebar and be grouted solid.

4.

A continuous footer of size shown with two No. 4 rebar continuous shall be provided.

5.

One tie-down at each end of each I beam shall be embedded into the footer.

6.

One-half inch anchor bolts shall be placed not more than six feet on center and within twelve (12) inches of ends of plates.

7.

All plates shall be 2x decay resistant material.

8.

Continuous interior bearing footers are recommended.

B.

Modular Concrete Foundation (see Figure 2).

1.

All concrete shall be three thousand (3,000) psi within twenty-eight (28) days.

2.

All rebar shall be at least No. 4 grade 60.

3.

Top of stem wall shall be at least twelve (12) inches above the sidewalk's highest point.

4.

Top of footer shall be at least thirty (30) inches below grade for frost protection.

5.

Rebar tie-downs shall be provided at both ends of unit for each steel beam.

6.

All sill plates shall be 2x treated lumber.

7.

Anchor bolt shall be at most six feet on center and within twelve (12) inches of ends.

8.

Continuous footers for interior bearing recommended.

(Prior code § 13-08-200)

A storage shed may be constructed or erected in any zone district permitting an accessory use, subject to the following additional requirements:

A.

A property owner may construct or erect up to two storage sheds on each property located within a zone district that permits accessory uses.

B.

A clear separation of at least seven (7) feet must be maintained between each building.

C.

The ground surface area of each individual storage shed shall not exceed one hundred twenty (120) square feet, and the total ground surface area of all storage sheds combined on each property shall be limited to a maximum of two hundred forty (240) square feet.

D.

The maximum overall height of any storage shed constructed or erected under this section shall be eight feet, measured from the closest point of ground to the highest point of the structure.

E.

All storage sheds shall comply with setbacks for the applicable zone district, except one permitted storage shed may be placed within the applicable rear and/or side yard setback under the following circumstances:

1.

No storage shed may be situated nor placed within any yard setback area which abuts a street; and

2.

The placement of any such storage shed must be within the rear one-half of a lot as determined to be to the rear of the front one-half of the lot that is adjacent to a street or streets.

F.

Any use or location of storage sheds as an accessory use beyond the limitations of this section shall require approval of a conditional use application under Chapter 17.84.

G.

Permanent foundations of any type shall not be located within or upon a required yard setback area, nor any easement for the placement of utility, drainage or access facilities.

(Prior code § 13-08-210)

Except where expressly provided otherwise, fences, hedges and walls may be permitted in the required yard areas of any zone district, subject to the following conditions and requirements:

A.

All fences and walls are subject to the applicable sections of the town building codes.

B.

No fence, wall or hedge located within the front yard setback area shall exceed forty-two (42) inches in height.

C.

No barbed wire or sharp-pointed or electrically-charged fence shall be permitted.

D.

No fence, wall or hedge shall exceed six feet in height, except a higher fence may be allowed, or required, by the town as a condition of approval of a special use. The height shall be measured at the finished grade of the street, alley or abutting property nearest the side of the fence.

E.

No fence, wall or hedge in dilapidated or dangerous state of disrepair, or those causing traffic sight or pedestrian hazards, shall be allowed, and such shall be removed when so ordered by the town. Nothing herein shall prevent the town from declaring such fence, wall, or hedge a public nuisance, and the town retains all legal remedies to abate such nuisances.

Except where expressly provided otherwise, the restrictions set forth above shall apply to all hedges within the town, both preexisting and new, and to all fences and walls that are constructed, installed, or substantially altered in height, appearance, or materials after June 1, 2000. In the event of any conflict between the requirements of this section and the zone district regulations for any specific zone district, the specific zone district regulations shall control.

(Prior code § 13-08-220)

A.

The purpose of this section is to provide procedures necessary to implement the provisions of C.R.S. Section 29-20-108, as enacted, which purports to require local government action on applications of public utilities for major public facilities within ninety (90) days after submission of a final application. By the passage of the ordinance codified in this section, the council of the town intends only to provide the procedures necessary to implement the provisions of that legislation. The council finds and determines that land use and development is a matter of particularly local concern, and the findings to the contrary contained in C.R.S. Section 29-20-108 are in error and entitled to no weight or consideration. Nothing contained in this section shall constitute an admission by the town that the Colorado Legislature acted within the scope of its constitutional authority in the passage of the above-referenced legislation, nor shall it be construed as an admission that this legislation applies to a home-rule municipality.

B.

The town shall take final action approving, with or without modification, or denying the application of a public utility providing electric or natural gas service that relates to the location, construction, or improvement of major electrical or natural gas facilities, as defined in C.R.S. Section 29-20-108(3), within ninety (90) days after submission of a land use application if no preliminary approval is required, or within one hundred twenty (120) days if preliminary approval is required. Public hearings, public meetings, and staff reviews shall be scheduled accordingly. Special meetings shall be convened if necessary to comply with this provision. The applicant may agree to waive the time limits set forth in this section.

(Ord. 2001-3 § 2)

A.

Accessory dwelling units are intended to be constructed in association with a primary single-family dwelling, to provide increased affordable housing opportunities within the town and to facilitate housing in close proximity to places of employment.

B.

Notwithstanding any maximum or minimum square footage requirements in the zone district per dwelling unit, ADUs shall contain not more than eight hundred fifty (850) square feet and not less than four hundred (400) square feet. Only one ADU shall be allowed per principal building. The square footage of ADUs shall be calculated using the total gross square footage associated with the ADU living space inclusive of storage, hallways, basements but not including garage space.

C.

ADUs shall not be allowed on lots smaller than five thousand (5,000) square feet. The square footage of the accessory dwelling unit shall not be greater than forty-seven (47) percent of the gross square footage of the principal building (inclusive of basement square footage but not including garages, uncovered decks, patios or porches) or eight hundred fifty (850) square feet whichever is less.

D.

Each ADU shall contain a kitchen equipped, at a minimum, with a cooking appliance, a sink, and a refrigerator/freezer with a capacity not less than six cubic feet.

E.

Each ADU shall contain a bathroom equipped with, at a minimum, a sink, a toilet and a shower.

F.

No ADU shall contain more than two bedrooms, and one off-street parking space shall be provided for each bedroom in addition to the required parking space(s) for the principal building/use.

G.

All water service connections made to an ADU shall comply with the town's water and wastewater service connection requirements. ADUs may be connected to the water and wastewater service lines serving the principal building or directly to the most convenient water or sewer main line; provided that the landowner shall bear all expense of such connections, shall obtain all necessary permits from the town prior to any road cuts, and shall, prior to connection, pay a tap fee to the town equal to 0.5 EQR if the ADU has one bedroom and 0.8 EQR if the ADU has or is capable of having two bedrooms. The owner shall also pay a water rights dedication fee in the same ratio as the tap fee.

H.

An ADU may not be condominiumized and/or sold separate and apart from the primary building to which it is accessory.

I.

The design, exterior treatments and color of an ADU shall be the same as, or compatible with, the design and exterior color and treatments of the primary building to which it is accessory.

J.

An ADU may only be occupied by a single-family as defined in Section 17.04.050 of the New Castle Municipal Code.

(Ord. 2003-16 § 6: prior code § 13-08-230)

Except where expressly provided as a permitted use in any residential zone district, group homes shall be conditional uses. This section shall not apply to zone districts in which all residential uses are prohibited.

(Ord. 2003-17 § 3)

The purpose and intent of this section is to regulate sexually-oriented businesses to promote the health, safety, morals and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually-oriented business within the town, thereby helping to reduce and eliminate the adverse secondary effects from such sexually-oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

A.

No adult entertainment establishment shall be located within five hundred (500) feet of the exterior boundary of any residential zone district, church, public or private school, child care center, public community center, park, fairground, recreation center, any alcoholic beverage establishment located in the town at which alcoholic beverages are offered for sale for consumption on the premises, any area designated as an urban renewal project area pursuant to C.R.S. Section 31-25-107.

B.

No adult entertainment use shall be located within one thousand (1,000) feet of any other adult entertainment use whether such adult entertainment uses are within or without the town.

C.

The method of measurement for the one thousand (1,000) foot restriction shall be computed by direct measurement from the exterior boundary of any area identified in subsection A of this section, or from the nearest property line of the property upon which an adult entertainment business or establishment, or other adult entertainment use is conducted, to the nearest property line of the property where on the building in which an adult entertainment use is to occur.

D.

Any adult entertainment establishment operating at the effective date of the ordinance codified in this section in violation of any relevant provision of Title 17 shall be deemed a nonconforming use. An adult entertainment establishment which is deemed a nonconforming use shall be permitted to continue operating for a period of six (6) months. Such nonconforming adult entertainment use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. Notwithstanding the foregoing, any adult entertainment establishment deemed a nonconforming use shall apply for a license provided for by Chapter 5.24 within thirty (30) days of the effective date of the ordinance codified in this section, or be subject to the relevant penalty provisions set forth in this section and in Chapter 5.24. E. An adult entertainment establishment lawfully operating as a conforming use pursuant to the receipt of zoning approval and obtaining a license is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult entertainment establishment license, of any uses identified in subsection A of this section within the specific distancing requirements noted therein.

F.

No licensee, manager or employee mingling with the patrons of sexually-oriented businesses or serving food or drinks shall be nude or in a state of nudity. It is a defense to prosecution for a violation of this section that an employee of a sexually-oriented business exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees. Further, no licensee or employee shall encourage or knowingly permit any person on the premises to engage in specified sexual activities, which conduct involving specified sexual activities is unlawful and shall be subject to criminal penalties as set forth in Section 5.24.350.

G.

Advertisements, displays or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.

H.

Only one adult entertainment establishment use shall be permitted per building or, in other words, no building, premises, structure or other facility that contains any sexually-oriented business shall contain any other kind of sexually-oriented business therein.

I.

All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a viewing to the interior from any public or semi-public area; for new construction, the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

J.

No one under twenty-one (21) years of age shall be admitted to any adult entertainment establishment where live nude entertainment and performances are featured, which live nude entertainment is characterized by the exposure of specified anatomical areas. Further, no one under eighteen (18) years of age shall be admitted to any adult entertainment establishment of any kind, and the foregoing minimum age limitations also apply to any employees, agents, servants or independent contractors working on the premises during the hours when adult entertainment is being presented.

K.

It is unlawful for an adult entertainment establishment and/or a sexually-oriented business to be opened for business or for the licensee or any employee of a licensee to allow patrons upon licensed premises, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of one a.m. and nine a.m. of any particular day.

L.

It is unlawful for an adult entertainment establishment and/or a sexually-oriented business or for the licensee or any employee of a licensee thereto, regardless of whether a license has been issued for said business under this section, to knowingly allow any patron upon the premises to engage in a specified sexual activity while on said premises. It shall also be unlawful for any licensee or employee of an adult entertainment establishment, regardless of whether a license has been issued for said business under this section to engage in a specified sexual activity while on the premises of said adult entertainment establishment. The foregoing conditions contained in this subsection are promulgated pursuant to the terms of the New Castle Municipal Code contained in this section, C.R.S. Section 18-7-208 and Section 18-7-301, and the ordinance codified in this section.

M.

This section shall not apply to those areas of an adult motel that are private rooms.

N.

Any person or entity who operates or causes to be operated an adult entertainment establishment who violates any provision contained in this section or does not have a valid license is subject to a suit for injunction and is subject to civil and criminal penalties as set forth in Sections 5.24.300 and 5.24.350.

O.

Except for the amortization period set forth in subsection D of this section, each day of operation in violation of any provision of the ordinance codified in this section shall constitute a separate offense.

P.

In addition to other available remedies, repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations, "repeated violations" shall mean three (3) or more violations of any provision set forth herein within one (1) year dating from the time of a new violation, and a "continuing violation" shall mean a violation of any provision set forth herein lasting for three (3) or more consecutive days.

Q.

Notwithstanding any other remedies at law or equity, the town attorney may bring an action in the district court for Garfield County for an injunction against the operation of such establishments in a manner which violates any of the provisions set forth in this section.

(Ord. 2004-21 § 5)