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Parachute City Zoning Code

ARTICLE 3

Supplemental Use Standards

15.03.301 General requirements for all uses.

A. All service, fabrication and repair operations shall be conducted within a building.

B. All applicable environmental standards of the state of Colorado or the United States government shall be complied with at all times.

C. Property owners shall maintain all structures, including buildings, paved areas, accessory buildings and signs, in the manner required to protect the health and safety of users, occupants, and the general public. The property shall be deemed substandard when it displays evidence of a substantial number of dilapidated conditions.

D. The storage of combustible materials shall be not less than twenty feet (20') from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time.

E. Waste Removal and Trash Enclosures.

1. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces. All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles.

2. Wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

3. Trash enclosure location shall be subject to the approval of the Building and Planning Department. Trash enclosure shall be of masonry construction or approved alternate material.

F. Manufacturing operations or industrial uses, when permitted in a zone district, are subject to the following limitations:

1. No manufacturing operation or industrial use shall create any danger to safety in any area of the Town.

2. No manufacturing operation or industrial use shall pollute the environment.

3. No manufacturing operation or industrial use shall create substantial amounts of offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.

4. Uses which are customarily incidental and accessory to the principal uses shall be permitted; however, residential uses, except caretakers’ quarters, are expressly prohibited. (Ord. 812 §2 (Exh. A), 2024)

15.03.302 Accessory dwelling units.

A. Number of ADUs (Accessory Dwelling Units). One (1) ADU shall be allowed by right on a lot in a residential zoning district in conjunction with any new or existing detached single-family dwelling or two (2) family dwelling.

B. Location.

1. An ADU may be added to or included within a single-family dwelling or located in a detached accessory structure on the same lot as the principal building.

2. ADUs shall conform to all setback, height, and lot coverage restrictions and any other associated zoning district standards or regulations.

C. Size/Scale.

1. The total square footage of an ADU shall not exceed the smaller of one thousand (1,000) square feet or forty percent (40%) of the total square footage of the principal building excluding any garage and uninhabitable area.

2. If an ADU occupies an entire single floor within a principal building, the Town Manager may allow for an increase in the allowed size of the ADU in order to efficiently use all of the floor area, so long as all other standards of this section are met.

D. Subdivision. An ADU shall not be subdivided or otherwise segregated in ownership from the principal building.

E. Occupancy.

1. Either the principal building or the ADU must be occupied by an owner of the property on which the principal building and ADU are located.

2. An ADU shall not be leased for no less than thirty-one (31) consecutive days.

F. Parking. One (1) on-site parking space is required for an ADU in addition to the parking required for the principal building and must comply with all parking area design and construction standards of this title and the Town of Parachute.

G. Exterior Modification. Only one (1) entrance on the front of the principal building is permitted. Additional entrances are permitted on the side and rear of the principal structure. Additions to an existing principal structure or the development of a newly constructed detached ADU shall be designed consistent with the existing facade, roof pitch, siding, and windows of the principal building.

H. Home Occupations. Home occupations shall be allowed, subject to the requirements of this chapter, in both the ADU and the principal structure. (Ord. 812 §2 (Exh. A), 2024)

15.03.303 Home occupations.

A. Home Office.

1. A home office may be conducted in any dwelling as an accessory use, provided the following standards are satisfied:

a. No persons other than family members residing in the dwelling are to be engaged in the business or home occupation.

b. No more than twenty-five percent (25%) of the floor area of the dwelling is used for the business or home occupation. An accessory building may be used, provided the floor area requirements are not exceeded and that the accessory building can be converted to a common accessory building upon termination of the home occupation.

c. All signs shall comply with the sign standards applicable to the zone district set forth in PMC 15.06.301, Sign standards by zoning district. No outdoor storage is permitted.

d. The home occupation does not generate noise, odor or increased traffic.

B. Home Business.

1. Home businesses are home occupations that (a) require more floor area, (b) have outdoor storage, (c) engage employees, and/or (d) generate traffic. Home businesses may be approved provided the following standards are satisfied:

a. The proper approval is obtained based on the zone district in which the proposed home business is located.

b. There is no more than one (1) nonresident worker.

c. A minimum of one (1) additional parking space per employee shall be provided on site. Additional parking may also be required depending on any customer traffic generated.

d. No more than fifty percent (50%) of the floor area of the dwelling and any accessory structures for the business or home occupation is used.

e. All signs shall comply with the sign standards applicable to the zone district set forth in PMC 15.06.301, Sign standards by zoning district.

f. Any outdoor storage required for the home business is screened from view from all rights-of-way.

g. Any noise, odor, or increased traffic generated by the home business is mitigated.

h. Public access hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m.

i. All exterior aspects of the operation shall not disrupt the residential character of the area.

C. Cottage Industry.

1. Cottage industries may include a wide variety of retail, service, office, or manufacturing uses. The following standards are intended to allow residents to engage in cottage industries that are accessory to and compatible with existing residential land uses and to ensure that these uses do not adversely affect the integrity of residential areas. Cottage industries may be approved, provided the following standards are satisfied:

a. The proper approval is obtained based on the zone district in which the proposed cottage industry is located.

b. There are no more than three (3) nonresident workers.

c. The cottage industry shall meet all parking and loading standards in PMC 15.05.304, Parking standards, and PMC 15.05.305, Loading standards.

d. No more than fifty percent (50%) of the floor area of the dwelling and any accessory structures for the business or home occupation is used.

e. All signs shall comply with the sign standards applicable to the zone district set forth in PMC 15.06.301, Sign standards by zoning district.

f. Any outdoor storage required for the cottage industry is screened from view from all rights-of-way.

g. Any noise, odor, or increased traffic generated by the home business is mitigated.

h. Public access hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m.

i. All exterior aspects of the operation shall not disrupt the residential character of the area. (Ord. 812 §2 (Exh. A), 2024)

15.03.304 Group homes for handicapped or disabled persons.

A. The group home shall maintain compliance with applicable building codes, fire codes, and health codes based upon the occupancy classification and number of residents and necessary persons for care of the residents.

B. The group home shall comply with the parking standards of this title.

C. All commercial components, including but not limited to parking lots, playgrounds, etc., shall be screened and buffered from neighboring residences and the public right-of-way.

D. Copies of any applicable current state or local certifications, licenses or permits for the group home shall be maintained on the premises.

1. Evidence that the residents in the group home are handicapped individuals and entitled to protection under the Federal Housing Amendment Act (FHAA), Americans with Disabilities Act (ADA), or Federal Rehabilitation Act (FRA) shall be provided upon request by the Town Manager or their designee or in compliance with the special use permit, if applicable. (Ord. 812 §2 (Exh. A), 2024)

15.03.305 Manufactured home parks.

A. Location. The manufactured home park shall be located on a well-drained site and shall be located so that its drainage will not constitute an unreasonable hazard or nuisance to persons, property or water supply in the immediate vicinity of the site. The site shall be free from marshes or other potential breeding places for insects or rodents. Manufactured home park sites shall not be subject to undue flooding, fire or safety hazards and shall not be exposed to nuisances, such as undue noise, smoke, fumes or odors. The terrain of the site should be favorable to minimum grading, manufactured home placement and ease of maintenance. Initial site grades shall not exceed eight percent (8%).

B. Site Design. The site design shall provide for a desirable residential environment for manufactured home residents which is an asset to the community and the neighborhood in which it is located. Site planning and improvements shall provide facilities and amenities which are appropriate to the needs of the residents; safe, comfortable and sanitary uses by the residents under all weather conditions; and practical and efficient operation and maintenance facilities at reasonable costs. Innovative and imaginative design shall be encouraged.

C. Minimum Area Required. The minimum area required for a manufactured home park is ten (10) acres.

D. Maximum Density. The maximum gross density for any manufactured home park is seven (7) units per acre.

E. Recreation Area and Open Space. Not less than thirty percent (30%) of the total site area shall be used for recreation facilities and landscaped open space. All open space areas and recreational areas shall be in convenient locations from manufactured home spaces. Recreation areas may include space for community use facilities and buildings, swimming pools, and tennis courts.

F. Manufactured Home Spaces. Manufactured home spaces within a manufactured home park shall be adequate to provide for:

1. A minimum of twenty feet (20') between manufactured homes;

2. A minimum of ten feet (10') from the furthermost projection of the manufactured home to the back of the curb or edge of pavement;

3. In addition to other space provisions and requirements, an outdoor living area of not less than three hundred (300) square feet shall be provided per manufactured home space;

4. Paved driveways, the minimum width of which shall be ten feet (10'), shall be provided where necessary for convenient access to the manufactured home space.

G. Setbacks. Manufactured homes shall be set back at least twenty-five feet (25') from the perimeter of the boundaries of the manufactured home park.

H. Screening. All manufactured home parks shall provide screening such as solid fencing or landscape buffers along the property boundary separating the manufactured home park from adjacent uses.

I. Streets. The manufactured home park site shall have at least two (2) direct accesses to a public street or highway, and access roads shall be provided to each manufactured home space.

1. All streets and access ways providing ingress to and egress from the manufactured home park and circulation within the manufactured home park shall be constructed in accordance with specifications of the public works manual for like streets and access ways on public ways;

2. All streets and access ways shall be completed within a period of two (2) years after the date of issuance of the manufactured home park permit;

3. All such streets and access ways shall include sidewalk, curb and gutter.

J. Walkways and Lighting.

1. Paved walkways at least six feet (6') wide shall be provided from all manufactured home spaces to service buildings and other community areas, and along all access roads.

2. All pedestrian circulation areas and walkways shall be lighted at night by pedestrian-scale lighting fixtures.

K. Storage Areas. Storage areas for use of residents of the manufactured home park shall be provided within the manufactured home park in an amount equal to one hundred (100) square feet per manufactured home space. Such areas shall be screened from adjacent residential properties and public rights-of-way.

L. On-Site Parking. Parking shall be provided as required by PMC 15.05.304.

M. Installation Requirements.

1. All manufactured homes shall be installed on a foundation meeting the manufacturer’s specifications and the Colorado Division of Housing standards.

2. All manufactured home parks shall provide an accessible, adequate, and safe supply of water and sanitary sewer service to each manufactured home space. Such improvements shall be designed in accordance with this title.

3. All manufactured homes shall be complete with sanitary, heating, and electrical systems when delivered to the site. Building permits shall be obtained through the Town of Parachute Building Department, the Colorado Division of Housing, and other regulatory agency(ies), as applicable, for final utility connections.

N. Manufactured Home Accessory Structures.

1. All accessory structures shall comply with the provisions of this title, including, but not limited to, building permit requirements, setback requirements, maximum height, etc.

2. All porches, landings, stairs, or other elevated platforms shall comply with the Town’s adopted building codes.

O. Refuse Disposal.

1. The storage, collection and disposal of refuse in a manufactured home park shall be so conducted as to control odors, rodents, insects, accidents, fire hazards, air pollution, or other nuisance conditions.

2. The number of containers used and the frequency of collection shall be sufficient to prevent overfilled containers. Refuse shall be disposed of at a lawful disposal site in accordance with requirements of law.

P. Electrical.

1. Every manufactured home and service building in a manufactured home park shall be provided with electrical service properly installed and maintained in a safe condition.

2. Installation shall comply with all state and Town electrical regulations.

Q. Fuel Supply. Natural gas, liquefied petroleum gas, and fuel oil equipment shall be properly installed and maintained in a safe, operable condition. The fuel supply system shall be designed to provide a sufficient quantity of fuel to each manufactured home and service building. All fuel supply systems shall comply with building regulations and service provider standards.

R. Fire Protection. Manufactured home parks shall, at all times, be in conformance with the provisions of the International Fire Code as adopted by the Grand Valley Fire Protection District. (Ord. 812 §2 (Exh. A), 2024)

15.03.306 Manufactured homes.

A. Manufactured homes shall be approved by the Colorado Division of Housing or shall be constructed in compliance with Town-adopted International Residential Code (IRC) regulations.

B. Manufactured homes may be used as a single-family dwelling unit as identified in the Table 3.4, Schedule of Use Table.

C. All manufactured homes shall be permanently attached to a permanent foundation and installed in accordance with the Colorado Division of Housing installation requirements. (Ord. 812 §2 (Exh. A), 2024)

15.03.307 Overnight campgrounds.

A. General Standards. The following general standards shall apply:

1. All areas shall be well drained and so designed and used as to provide sufficient space for camping activities, vehicles, sanitary facilities and appurtenant equipment.

2. Permanent structures shall not be located in an area subject to one hundred (100) year flooding; nor located in such a manner as to permit contamination of a private or public water supply; nor located adjacent to swamps, marshes, railroads, industrial sites or other such locations which would constitute a health or safety hazard.

3. Natural vegetation and ground cover shall be maintained or provided so as to facilitate drainage, reduce dust, prevent erosion and reduce fire hazards.

4. All areas shall be maintained to minimize insect, snake and small animal hazards, and the growth of poison ivy, ragweed and other noxious or allergenic weeds.

5. All areas shall be kept free from accumulation of refuse and any health, fire or safety hazards.

6. Camping parties and users shall be limited to the number for which the physical facilities were designed.

7. Camping vehicles equipped with plumbing fixtures shall not be permitted in a campground unless connected to the water and sewerage system, or unless all wastes are contained in a sewage holding tank in a self-contained camping vehicle, or the drain outlets are connected to a sealed container located outside the camping vehicle.

8. Camping vehicles not equipped with plumbing fixtures shall not be permitted in a campground unless effective means are provided to collect and contain dishwashing, bathing or other liquid waste material to properly dispose of these wastes by approved means.

B. Roads, Parking and Walks.

1. Safe ingress and egress of pedestrian and vehicular traffic shall be provided, and pedestrians shall have the right-of-way.

2. Roads and parking spaces shall be located and constructed for safe movement of vehicular and pedestrian traffic. They shall be graded to drain and surfaced with asphalt, concrete or an approved equal to maintain proper drainage and to minimize dust.

3. Roads shall be not less than the following widths:

a. Entrance road: twenty-four feet (24').

b. One (1) traffic lane: twelve feet (12').

c. Two (2) traffic lanes: twenty-four feet (24').

d. Parallel parking lane: 10 feet (10').

4. Roads shall be kept clear of obstructions and there shall be at least two (2) means of access to the entrance. Dead-end streets are not permitted unless a fifty-foot (50') turnaround, Y or T is provided. Roads and parking areas shall have a minimum of thirteen feet (13') overhead clearance and three feet (3') side clearance from trees, brush or other obstructions.

5. Parking space shall be provided in semi-developed, developed and modern campgrounds for automobiles, camping or recreational vehicles, boats, trailers and other appurtenant equipment at the rate of at least one (1) space for each campsite.

6. In campgrounds accessible to motor vehicles, all vehicular traffic shall be restricted to roadways and parking areas. Parking space shall be provided for the estimated maximum number of users at the rate of one (1) space for four (4) persons and shall not exceed one hundred (100) car spaces per acre.

7. Walkways, footbridges or other safe means of passage shall be provided in common use service areas. Walkways shall be a minimum of four feet (4') in width with an all-weather surface. Streets and walks shall be lighted every four hundred feet (400'), conforming to the overall design of the campground.

C. Campsites.

1. Campsites shall be clearly marked and identified.

2. Each campsite shall be a minimum of one thousand two hundred fifty (1,250) square feet and at least twenty-five feet (25') in width, and the density of campsites shall not exceed an average of twenty-five (25) campsites per acre, exclusive of roads, buildings, and other common use areas.

3. Each campsite, except walk-in campsites, shall front upon a conforming road, and each campsite not fronting directly upon a conforming road shall have a clear and unobstructed access of not less than ten feet (10') in width to a conforming road.

4. Each camping stand shall be designed so as to provide for safe and easy placement and removal of camping vehicles and camping equipment and shall be constructed to provide adequate support and to prevent ruts and low spots.

5. Each campsite shall accommodate only one (1) camping party and the camping vehicle or camping unit equipment occupied by persons within the same party.

6. No permanent or semipermanent structures, such as cabins, lean-tos, sheds or habitable buildings, shall be erected on a campsite except by the owner of the property and shall be erected in accordance with applicable local building construction requirements.

7. Temporary structures such as canvas awnings, screened enclosures or platforms, which are normal camping equipment, may be erected but must be removed when the campsite is vacated.

8. Camping vehicles, tents or camping unit equipment shall not be located less than ten feet (10') from campsite lot lines and property boundary lines, except a front property line abutting upon a highway or public thoroughfare with a required twenty-five-foot (25') setback.

9. Camping vehicles, including awnings or other attachments, or camping unit equipment shall not be located less than ten feet (10') from buildings, other camping vehicles or camping unit equipment on adjacent campsites. Accessory structures such as attached awnings and individual storage facilities shall be considered as part of the camping vehicle unit.

10. The density of picnic sites shall not exceed an average of forty (40) per acre exclusive of service roads and service buildings, and each picnic site shall provide a minimum of six hundred (600) square feet of space.

11. Separate camping areas shall be maintained for independent units, dependent units and tents.

D. Water Supply.

1. The water supply system shall be designed, constructed, and maintained in compliance with Colorado Department of Public Health and Environment/Town of Parachute regulations and recommendations to provide a safe, potable and adequate supply of water.

2. The water supply shall not be connected to any nonpotable water supply, nor be subject to any backflow or back siphonage.

3. No surface or stored water supply shall be used unless treated by a minimum of filtration and disinfection or under conditions approved by the Colorado Department of Public Health and Environment/Town of Parachute. When approved for use, transported water shall be obtained from an acceptable source, stored and dispensed in an approved manner, and shall contain a free chlorine residual of at least one-tenth (0.1) ppm at all points in the water system.

4. Wells equipped with a hand pump shall be of the enclosed self-priming or sealed interior type pump with a closed downward directed spout. The well casing shall be protected by extending the casing at least one inch (1") above the face of the pump flange and a concrete apron graded to drain wastewater away from the well. Open pitcher pumps are not permitted.

5. Where water is distributed under pressure, the water supply system shall deliver water at a minimum of fifty (50) pounds per square inch, a minimum flow of at least six (6) gallons per minute at all outlets.

6. The water supply shall deliver the following minimum volumes:

a. One hundred (100) gallons per day per campsite with individual water connections and where flush toilets are used in the camping vehicle or in the service building;

b. Seventy-five (75) gallons per day per campsite where faucets are provided in common and centralized flush toilets in a service building are used;

c. Fifty (50) gallons per day per campsite where faucets are provided in common and privies are used;

d. Twenty-five (25) gallons per day per picnic site or five (5) gallons per person per day in campgrounds with common faucets and flush toilets;

e. Three (3) gallons of water per person per day in a picnic or campground area with common faucets and privies.

7. Water service lines, riser pipes and valves shall be installed and protected from damage by freezing, ground movement, vehicles, or other damage sources. Shut-off valves and drain valves, installed for draining the system, and the water service distribution lines shall be so arranged that water will be available to those campsites being occupied during low temperature winter periods. Underground stop and waste valves are not permitted and shall not be installed on any water service.

8. Where water connections are provided at each campsite and there are individual sewer connections, the riser pipe shall be at least one-half inch (1/2") in size and shall extend at least four inches (4") vertically above the ground elevation. It shall be equipped with a one-half-inch (1/2") valve outlet with a threaded male spigot for attaching a standard garden hose.

9. Where individual water connections are not provided, common-use water faucets shall be conveniently accessible and located not more than one hundred fifty feet (150') from any campsite.

10. Drinking fountains, if provided, shall be approved angle jet types with adequate water pressures.

11. Spillage, overflow, drainage or wastewater from faucets and drinking fountains shall be discharged to approved drains to prevent impoundment of water, creation of mudholes or other nuisance conditions.

12. A water station for filling camping vehicle water storage tanks shall be provided at the rate of one (1) station for every one hundred (100) campsites. These shall be located not less than fifty feet (50') from a sanitary station. The station shall be posted with signs of durable material (not less than two feet (2')) which state: “POTABLE WATER – DO NOT USE TO FLUSH CAMPING VEHICLE WASTE TANKS.” Such water stations shall consist of at least a three-fourth inch (3/4") pipe and valve outlet and shall be protected against the hazards of backflow and back siphonage by an approved vacuum breaker located downstream from the shut-off valve. The fill hose shall be suspended so that no part of the hose and its appurtenances will come into contact with the ground. A sign shall be posted at the entrance indicating the provision of a sanitary station and water station.

E. Sewage Disposal.

1. Facilities shall be provided and properly maintained for the collection and disposal or treatment and disposal of sewage.

2. Where a public sewer system is available, all plumbing fixtures, building sewers and campground sewers shall be connected thereto. If a public sewer system is not available, a private sewage collection and disposal facility meeting requirements of the Colorado Water Quality Control Commission, the Colorado Department of Public Health and Environment and other applicable local government sewage disposal requirements shall be installed, and all building sewers and campground sewers connected thereto.

3. Solid and liquid wastes shall not be discharged or otherwise disposed of on the surface of the ground or into any well, cave, open ditch, stream, lake or reservoir.

F. Sewage Collection.

1. Sewage collection lines shall be laid in trenches of sufficient depth to be free of breakage from traffic, ground movement, agricultural activity or other sources of damage and shall be separated from the water supply system by a horizontal distance of ten feet (10') and a vertical elevation of two feet (2') below water lines at crossing points unless pressure sewers are used.

2. The sewer main lines shall be constructed of approved materials with adequate vents, watertight joints and sufficient cleanouts. All sewer main lines shall have a minimum diameter of eight inches (8").

3. Sewers shall be installed at a grade of at least one-quarter inch (1/4") per foot to ensure a velocity of two feet (2') per second when flowing full. Horizontal drainage lines connecting with other horizontal drainage lines shall enter through forty-five (45) degree “y” branches or other combinations of equivalent sweep.

4. Cleanouts or manholes shall be provided at the upper end of each main sewer line, at intersections of two (2) or more sewer lines, at changes in grade or alignment of more than forty-five (45) degrees and at intervals of not more than four hundred feet (400').

5. A four-inch (4") inside diameter sewer lateral and riser pipe shall be provided as an individual sewer connection, with the surrounding ground graded to drain from the rim of the riser pipe. The sewer lateral shall be properly trapped and vented if camping vehicles without individually trapped and vented plumbing fixtures are accommodated.

6. Dependent camping vehicles with a drain hose less than three inches (3") in diameter shall be connected with reducers and screw or clamp-type fittings.

7. Drain outlets from independent camping vehicles shall be capped or connected with a durable, readily cleanable, nonabsorbent, corrosion-resistant drain hose having an inside diameter of not less than three inches (3"). The sewer service connection shall be installed and maintained with a grade not less than one-quarter inch (1/4") per foot.

8. When the campsite is not occupied, the sewer riser pipe shall be adequately covered.

9. A flushing sink or other means of disposal shall be provided for disposal of liquid wastes from dependent camping vehicles, unless a sanitary waste station is provided and is conveniently located. The flushing sink shall be easily accessible and located at a distance of not more than three hundred feet (300') from any campsite. The sinks shall not be located in a room containing toilet, lavatory or bathing facilities, and toilets shall not be used for disposal of such liquid wastes. Common-use faucets or hydrants and lavatories in service buildings shall not be used for cleaning fish and food, and washing dishes, utensils, clothing or other articles of household use.

10. A sanitary waste station shall be provided for each one hundred (100) campsites or part thereof not equipped with individual sewer connections. Unless other approved means are used, the sanitary station shall be designed and constructed to include the following:

a. Easy ingress and egress from a service road for camping vehicles and located not less than fifty feet (50') from the closest campsite;

b. Connection to the sewer system by a trapped four-inch (4") sewer riser pipe and vented not more than ten feet (10') downstream from the trap by a four-inch (4") vent adequately supported, and extending at least eight feet (8') above the ground surface;

c. A sewage inlet surrounded by a curbed concrete apron or trough of at least three feet (3') by three feet (3'), sloped to the inlet, and provided with a suitable hinged cover milled to fit tight;

d. A means for flushing the immediate area and camping or recreational vehicle holding tanks shall be provided at each sanitary waste station. It shall consist of a properly supported water riser pipe terminating two feet (2') above the ground with a three-fourths inch (3/4") valved outlet and attached hose. The water outlet shall be protected against back siphonage and backflow by an approved vacuum breaker installation located downstream from the shut-off valve; and

e. A sign, constructed of durable material and not less than two (2) square feet, posted adjacent to the water flushing outlet and inscribed with the warning: “UNSAFE WATER FACILITY.”

11. The plumbing shall be installed in accordance with the International Plumbing Code as adopted by the Town.

G. Refuse Disposal.

1. The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.

2. Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station or at a central storage area readily accessible and located not more than three hundred feet (300') from any camp or picnic site unless provided at the campsite. Refuse containers shall be provided at the rate of eight (8) cubic feet (sixty (60) gallons) for each five (5) campsites or the equivalent thereof if containers are provided at individual sites.

3. Unless refuse is collected daily, the containers shall be covered with close-fitting, fly-tight covers.

4. Refuse shall be collected and removed from the premises as often as necessary, but not less than once weekly during the campground occupancy, and disposed of at a lawful disposal site.

H. Insect and Rodent Control. Insects and domestic rodents shall be controlled by elimination of breeding and harborage sources, proper sanitary practices, extermination, vermin-proofing of buildings, and other approved control methods.

I. Fires, Cooking and Eating Facilities.

1. Fires will be permitted only in facilities which have been provided for such purposes.

2. Fireplaces, fire pits, charcoal braziers, wood burning stoves or other cooking facilities shall be located, constructed, maintained and used to minimize fire hazard and smoke nuisance in the campground and the neighboring properties.

3. No fire shall be abandoned, left unattended, or allowed to become a hazard to trees, vegetation, camping equipment or adjacent neighboring campsites.

4. Fires shall be completely extinguished before the campsite is vacated.

5. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

6. Flammable liquids shall be stored in metal containers approved by the Underwriters Laboratory, Inc.

7. Tables shall be of durable, nontip construction and finished with a smooth, readily cleanable, weather-resistant material.

8. Food service activities, requiring a license or certificate of inspection in accordance with provisions of the laws and regulations of the state of Colorado, and the production, storage and dispensing of ice shall be conducted in conformance with the physical and operational requirements of the rules and regulations governing the maintenance of food service establishments in the state of Colorado.

J. Fire Protection. Camper parks shall, at all times, be in conformance with the provisions of the International Fire Code as adopted by the Grand Valley Fire Protection District.

K. Sanitary Facilities and Service Buildings.

1. Where water under pressure is available, sanitary facilities shall be provided and installed in accordance with the provisions of the International Plumbing Code as adopted by the Town. In addition, when and if required by the International Building Code, handicapped facilities and drinking fountains shall be provided.

2. Where water under pressure is not available, equivalent facilities, including privies, where not prohibited by state or local regulations, shall be provided and installed in accordance with requirements of the Colorado Department of Public Health and Environment.

3. Toilets. One (1) toilet for each sex for every ten (10) campers or dependent camper spaces or fractional part thereof.

4. Urinals. Urinals may be substituted for up to one-third (1/3) of the required number of toilets. Men’s toilet rooms hereafter constructed shall include urinals where more than two (2) toilets are required.

5. Lavatories. One (1) lavatory for each sex for every ten (10) campers.

6. Bathing Facilities. One (1) for each sex for each ten (10) campers.

7. Hot and cold water under pressure shall be supplied to all required plumbing fixtures, except that cold water only shall be supplied to water closets. Tempered water may be delivered to showers and sinks to conserve heat and heating equipment. Where tempered water is not provided, the water heating facilities shall have the capacity to supply hot water one hundred forty (140) degrees at the minimum rate of three (3) gallons per hour per camper space. Such facilities shall be of approved types and shall be properly installed and maintained.

8. Sufficient numbers of faucets with running water shall be provided to wash service buildings, walkways, passageways and other common use areas.

9. Drinking fountains, when provided, shall not be located in service rooms or connected to water faucets or lavatories. Drinking fountains shall be of approved types with adequate water pressure and shall be located approximately thirty-three inches (33") from the floor to the spout. Use of common cups is prohibited.

10. Required plumbing fixtures shall be maintained in good working order and in a clean and sanitary condition.

11. Toilet paper, soap and single-service towels shall be provided in all common use or centralized toilet and lavatory facilities. The use of common towels is prohibited.

12. Service rooms and buildings housing required plumbing fixtures shall be constructed of easily cleanable, nonabsorbent materials, maintained in good repair, and in a clean and sanitary condition and conveniently located.

13. Separate rooms containing required plumbing fixtures shall be provided for each sex. If located in the same building, they shall be separated by a solid wall extending from floor to ceiling and shall be clearly marked for “Men” and “Women.”

14. Service rooms shall have a ceiling height of not less than seven and one-half feet (7 1/2'). In rooms with sloping ceilings, the required ceiling height shall be provided in at least fifty percent (50%) of the room, and no portion of any room having a ceiling height of less than five feet (5') shall be considered as contributing to the minimum required areas.

15. Service rooms shall be provided with light and ventilation by means of windows or by artificial light and mechanical ventilation. The window area in each service room shall be equivalent to at least ten percent (10%) of the floor area with at least one-half (1/2) of the required window area openable to outside air. In lieu of the required window area in each service room, an approved mechanical ventilation system may be installed which will provide at least five (5) air changes per hour, be vented directly to the outside, and be connected to the electrical lighting system.

16. When necessary for exclusion of flies, mosquitoes and other insects, exterior openings of service buildings shall be protected with fly screens of not less than sixteen (16) mesh per square inch unless other approved protective devices are provided.

17. Each exterior door in a service building shall be provided with a landing which has a depth and width not less than the door opening, and a landing not over one inch (1") lower than the door sill.

18. The floors of service buildings shall have a smooth, impermeable and easily cleanable surface, sloped to a drain. Floor drains, properly trapped, shall be provided in all shower booths and shower rooms to remove wastewater and to facilitate cleaning. The walls and partitions shall have a smooth, nonabsorbent, easily cleanable surface extending to a height of four feet (4') in toilet rooms and six feet (6') in shower rooms.

19. Toilets and showers shall be installed in separate compartments, individually accessible. Each compartment shall have a self-closing door, except showers may be equipped with a waterproof curtain.

20. Toilet space shall be not less than thirty inches (30") in width, and the space in front of the toilet shall not be less than twenty-four inches (24").

21. Shower stalls shall be not less than thirty inches (30") by thirty inches (30") in area. Shower floors shall be impervious and skid-resistant or provided with a nonslip impervious mat. Dry dressing room space, screened from view and equivalent to the size of the shower floor area, shall be provided adjacent to bathing facilities and shall be equipped with clothes hooks and benches.

22. Each service room shall have at least one (1) double convenience outlet adjacent to lavatories and one (1) ceiling light fixture to provide thirty (30) foot-candles. At least one (1) light fixture, operated by a switch, shall be provided at each entrance, unless the yard lighting provides light levels of at least five (5) foot-candles.

23. Service buildings shall be provided with approved heating facilities properly installed, maintained in a safe working condition, and capable of providing a room temperature of seventy (70) degrees Fahrenheit three feet (3') from the floor. No open-flame gas or oil-fired stoves, hot plates or unvented heaters shall be approved for heating purposes.

L. Privies. Privies, where permitted in semiprimitive and semideveloped campgrounds, shall be:

1. Located not less than fifty feet (50') nor more than four hundred feet (400') from any campsite or building where food is prepared or served and shall be so constructed and maintained as to meet the requirements of the Colorado Department of Public Health and Environment and applicable local regulations;

2. Vault privies shall not be located less than fifty feet (50') from any well or spring, or less than twenty-five feet (25') from any lake, stream or water course. Earth or pit privies shall be rodent-proofed and shall not be located less than one hundred feet (100') from any well or spring or less than fifty feet (50') from any lake, stream or water course;

3. Constructed of readily cleanable materials and provided with tight-fitting, self-closing doors and impervious flooring, riser and seats. They shall be fly-tight and maintained in good repair and in clean condition;

4. Each privy building and vault shall be ventilated, and risers and seats shall be so designed and constructed as to facilitate convenient use and proper sanitation. The privy building shall be provided with a window or translucent ceiling or wall paneling to transmit natural or yard area lighting;

5. Separate privy facilities shall be provided for each sex and the privy seats, for each sex, shall be provided in the ratio of not less than one (1) such unit for each fifteen (15) campsites. Toilet paper shall be provided; and

6. In isolated campgrounds limited to infrequent or casual use and access by foot, horseback or trail vehicles, one (1) privy or toilet may be utilized by both sexes.

M. Safety.

1. All electrical wiring, equipment and appurtenances shall be installed and maintained in accordance with the provisions of the National Electrical Code, or as otherwise required to meet current codes.

2. Liquid petroleum gas, fuel oil, gasoline and other flammable liquids shall be handled and used in a safe manner and shall not be stored inside or beneath any camping vehicle or within five feet (5') of a door of a camping vehicle, except for such containers which are affixed to the camping vehicle by design.

3. The grounds, buildings and related facilities shall be constructed, maintained and used in accordance with applicable local and state fire prevention regulations.

4. Play equipment, when provided for children, shall be designed for safety, maintained in good repair, and located in areas free from hazards.

5. The camper park area shall be subject to the rules and regulations of the Town and the Grand Valley Fire Protection District.

N. Swimming Pools. Swimming pools and natural swimming areas shall be operated, maintained, and used in compliance with recommendations and requirements of the Parachute Municipal Code and the Colorado Department of Public Health and Environment’s Regulations and Standards Governing Swimming Pools and Swimming Areas.

O. Operational Responsibility.

1. Sewage shall be disposed of in facilities provided for the purpose. No camping vehicle equipped with plumbing fixtures shall be occupied unless it is connected directly to the sewer system by means of a watertight flexible waste hose at a campsite, the wastes are effectively retained in a sewage holding tank, or the camping vehicle drain outlet is capped.

2. Camping vehicles without individually trapped and vented plumbing fixtures shall not be connected to sewer branch lines that are not trapped. No sewage or liquid wastes shall be discharged or allowed to impound upon the ground surface.

3. The operator shall maintain the grounds and common-use sanitary facilities, equipment and utilities in a clean, safe and sanitary condition and shall ensure that refuse is collected as often as necessary to prevent nuisance conditions. Each camper park will provide at least one (1) full-time attendant. A record of registrations must be maintained for a minimum of one (1) year.

4. Camping Party. The camping party shall maintain the campsite in a clean, safe and wholesome condition. Refuse shall be deposited in the containers provided for the purpose or removed from the site and shall not be deposited on the ground. Pets shall be kept under control and shall not be permitted to run unattended or be permitted to commit a nuisance. Sanitary facilities shall be maintained in a sanitary condition consistent with normal use.

5. At least one (1) clothes washing machine shall be provided for the first ten (10) spaces plus one (1) for each additional fifteen (15) spaces. Clothes dryers shall be provided as needed. These requirements may be waived if adequate facilities exist in the surrounding area.

6. Adjoining residential areas shall be screened by a six-foot (6') solid fence. (Ord. 812 §2 (Exh. A), 2024)

15.03.308 Marijuana cultivation and manufacturing.

A. Cultivation of Medical Marijuana by Patients and Primary Caregivers in Residential Dwelling Units. The cultivation, production, or possession of marijuana plants for medical use by a patient or primary caregiver, as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution, shall be allowed in residential dwelling units subject to the following conditions:

1. The cultivation, production or possession of marijuana plants shall be in full compliance with all applicable provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, § 12-43.3-101 et seq., C.R.S., and the Medical Marijuana Program, § 25-1.5-106, C.R.S.

2. Marijuana plants that are cultivated, produced or possessed shall not exceed the presumptive limits of no more than two (2) ounces of a usable form of marijuana unless otherwise permitted under Article XVIII, Section 14 of the Colorado Constitution and no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants that are producing a usable form of marijuana shall be cultivated or permitted within a primary residence.

3. Such cultivation, production or possession of marijuana plants shall be limited to the following space limitations within a residential unit:

a. Within a single-family dwelling unit (Group R-3 as defined by the International Building Code, as adopted in PMC Title 13); a secure, defined, contiguous area not exceeding one hundred fifty (150) square feet within the residence of the licensed patient or registered caregiver.

b. Within a multifamily dwelling unit (Group R-2 as defined by the International Building Code, as adopted in PMC Title 13); a secure, defined, contiguous area not exceeding one hundred (100) square feet within the residence of the licensed patient or registered caregiver.

4. Marijuana plants shall not be grown in the common area of a multifamily residential structure.

5. If a licensed patient or primary caregiver elects to cultivate quantities of marijuana in excess of the amounts permitted under subsection (A)(2) of this section, as permitted in Article XVIII, Section 14(4)(b) of the Colorado Constitution, such patient must be in full compliance with the Colorado Medical Marijuana Program as provided in § 25-1.5-106(10), C.R.S., and may grow medical marijuana for personal use as a patient or as a primary caregiver for licensed patients as a special use within the Light Industrial (LI) and General Industrial (GI) Zone Districts only.

6. The cultivation of medical marijuana plants in a residential unit shall meet the requirements of all adopted Town building and safety codes. Any licensed patient or registered primary caregiver cultivating medical marijuana in a primary residential unit shall have an initial building and safety inspection conducted by the Town and a fire prevention inspection conducted by the Grand Valley Fire Protection District and shall comply with any conditions of said inspections. A building and safety code inspection shall be complied with annually thereafter. The names and locations of patients and caregivers shall not be made available to the general public in accordance with § 24-72-204(3)(a)(I), C.R.S., as contained in the Colorado Open Records Act.

7. The cultivation of medical marijuana plants shall not be permitted on the exterior portions of a residential lot. The cultivation, production or possession of marijuana plants in a residential unit must not be perceptible from the exterior of the residence and shall comply with the following:

a. Any form of signage shall be prohibited; unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited; light pollution, glare, or brightness resulting from grow lamps that disturbs adjacent residents shall be prohibited; and excessive noise from ventilation fans shall be prohibited.

b. Marijuana plants shall be used or consumed exclusively by a licensed patient for the patient’s personal use and solely to address a debilitating medical condition.

8. Any primary caregiver cultivating medical marijuana for licensed patients and providing said marijuana to patients for consideration such as a monetary sum shall obtain a business license from the Town pursuant to Chapter 6.01 PMC. Any primary caregiver transferring medical marijuana to a licensed patient for consideration shall also obtain a sales tax license and shall comply with the requirements of Chapter 5.10 PMC concerning collection and payment of municipal sales tax.

9. Cultivation of medical marijuana in a residential unit that is not a primary residence is not permitted.

10. For the purposes of this subsection, “primary residence” means the place that a person, by custom and practice, makes his or her principal domicile and address to which the person intends to return, following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking in meals, vehicle and voter registration, or credit, water and utility billing. A person may only have one (1) primary residence. A primary residence shall not include accessory buildings.

11. For the purpose of this subsection, a “secure” area means an area within the primary residence accessible only to the patient and/or primary caregiver. Secure premises shall be locked or partitioned off to prevent access by children, visitors, or anyone not licensed and authorized to possess medical marijuana.

B. Growing of Marijuana in Residential Structures for Personal Use. This subsection is intended to apply to the growing of marijuana in residential structures for personal use to the extent authorized by Article XVIII, Section 16(3)(b) of the Colorado Constitution. Any person, for purposes of this subsection and consistent with Article XVIII, Section 16(3)(b) of the Colorado Constitution, who is twenty-one (21) years of age or older that is cultivating marijuana plants for his or her own use, may possess, grow, process or transport no more than six (6) marijuana plants with three (3) or fewer being mature, flowering plants, subject to the following requirements:

1. Such processing, growing, possessing, or transporting of marijuana plants for personal use must be in full compliance with all applicable provisions of Article XVIII, Section 16 of the Colorado Constitution.

2. Except as provided herein, such marijuana plants are possessed, grown, or processed within the primary residence of the person possessing, growing or processing the marijuana plants for personal use, as defined by subsection (B)(10) of this section. No more than a total of twelve (12) marijuana plants may be cultivated in a primary residence. If persons living in a primary residence desire to cultivate more than a total of twelve (12) marijuana plants, each person may cultivate no more than six (6) marijuana plants for personal use as a special use within the Old Town Center (OTC), Mixed Use (MU) and Light Industrial (LI) Zone Districts.

3. The possession, growing and processing of such marijuana plants must not be observable from the exterior of the primary residence, including, but not limited to:

a. Common visual observation, including any form of signage;

b. Unusual odors, smells, fragrances, or other olfactory stimulus;

c. Light pollution, glare, or brightness that disturbs others.

4. Marijuana plants shall not be grown or processed in the common areas of a planned community or of a multifamily or attached residential development.

5. Such cultivation, production, growing and processing of marijuana plants shall be limited to the following space limitations within a primary residence:

a. Within a single-family dwelling (Group R-3 as defined by the International Building Code as adopted by the Town): a secured, defined, contiguous area not exceeding one hundred fifty (150) square feet within the primary residence of the person possessing, growing or processing the marijuana plants for personal use.

b. Within a multifamily dwelling unit (Group R-2 as defined by the International Building Code as adopted by the Town): a secure, defined, contiguous area not exceeding one hundred (100) square feet within the primary residence of the person possessing, growing, or processing the marijuana plants for personal use.

c. Such possession, growing and processing of marijuana plants shall not occur in any accessory structure.

6. Such possession, growing and processing of marijuana plants shall meet the requirements of all adopted Town building and life/safety codes, and applicable fire codes, including requirements concerning electrical systems and ventilation systems, as the same may be amended from time to time. Any person cultivating marijuana for personal use shall have an initial building and safety inspection conducted by the Town, shall pay the fee for such inspection as established by Town resolution, and fire prevention inspection conducted by the Grand Valley Fire Protection District, and shall comply with any conditions of such inspections, and shall submit to periodic building, safety and fire code inspections thereafter, and pay any applicable fees for such inspections.

7. Pursuant to § 9-7-113, C.R.S., the use of a compressed flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited.

8. The possession, growing and processing of marijuana plants shall meet the requirements of all adopted water and wastewater regulations promulgated by the Town.

9. Cultivation of marijuana in a residential unit that is not a primary residence is not permitted.

10. For the purposes of this subsection “primary residence” means the place that a person, by custom and practice, makes his or her principal domicile and address to which the person intends to return, following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, sleep, preparation of meals, regular mail delivery, vehicle and voter registration, or credit and utility billings. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings.

11. For purposes of this subsection, a “secure area” means an area within the primary residence accessible only to the person possessing, growing or processing the marijuana plants for personal use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, or anyone not authorized to possess marijuana.

C. Growing of Marijuana for Personal Use in Nonresidential Zone Districts. The cultivation, production, or possession of marijuana plants for personal use by a person twenty-one (21) years of age or older, as permitted by Section 16 of Article XVIII of the Colorado Constitution, shall be allowed in nonresidential units or structures in the Old Town Center (OTC), Neighborhood Commercial (NC), General Commercial (GC), and the Light Industrial (LI) Zone Districts as a special use subject to the following conditions:

1. The cultivation, production or possession of marijuana plants shall be in full compliance with all applicable provisions of Article XVIII, Section 16 of the Colorado Constitution.

2. No more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants, per person may be cultivated.

3. Marijuana plants shall not be grown in the common area of any commercial or industrial building.

4. The cultivation of marijuana plants in any building or unit within the Old Town Center (OTC), Neighborhood Commercial (NC), General Commercial (GC), and the Light Industrial (LI) Zone Districts shall meet the requirements of all adopted Town building and safety codes and applicable fire codes. Any person cultivating marijuana for personal use shall have an initial building and safety inspection conducted by the Town, shall pay the fee for such inspection as established by Town resolution, and a fire prevention inspection conducted by the Grand Valley Fire Protection District, and shall comply with any conditions of said inspections, and shall submit to periodic building, safety and fire code inspections thereafter, and pay any applicable fees for such inspections.

5. The cultivation of marijuana plants shall not be permitted on the exterior portions of a lot. The cultivation, production or possession of marijuana plants within a building or a unit must not be perceptible from the exterior of the building or unit.

6. Any form of signage shall be prohibited; unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited; light pollution, glare or brightness resulting from grow lamps that disturbs adjacent property shall be prohibited; and excessive noise from ventilation fans shall be prohibited.

7. Pursuant to § 9-7-113, C.R.S., the use of a compressed flammable gas as a solvent in the extrication of THC or other cannabinoids is prohibited.

D. Cultivation of Medical Marijuana by Patients and Primary Caregivers in Nonresidential Zone Districts. The cultivation, production, or possession of marijuana plants for medical use by a patient or primary caregiver, as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution, shall be allowed as a special use in nonresidential units or structures in the Light Industrial (LI) and General Industrial (GI) Zone Districts subject to the following conditions:

1. The cultivation, production or possession of marijuana plants shall be in full compliance with all applicable provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, § 12-43.3-101, et seq., C.R.S., and the Medical Marijuana Program, § 25-1.5-106, C.R.S.

2. Marijuana plants that are cultivated, produced or possessed shall not exceed the presumptive limits of no more than two (2) ounces of a usable form of marijuana per patient and no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants that are producing a usable form of marijuana per patient, unless otherwise permitted under Article XVIII, Section 14 of the Colorado Constitution, shall be cultivated. A caregiver may cultivate medical marijuana for no more than five (5) licensed patients. Two (2) or more primary caregivers shall not join together for the purpose of cultivating medical marijuana within any nonresidential unit located in the Light Industrial (LI) and General Industrial (GI) Zone Districts.

3. Marijuana plants shall not be grown in the common area of any commercial or industrial building.

4. The cultivation of medical marijuana plants in any building or unit within the Light Industrial (LI) and General Industrial (GI) Zone Districts shall meet the requirements of all adopted Town building and safety codes. Any licensed patient or registered primary caregiver cultivating medical marijuana shall have an initial building and safety inspection conducted by the Town and a fire prevention inspection conducted by the Grand Valley Fire Protection District, and shall comply with any conditions of said inspections. A building and safety code inspection shall be complied with annually thereafter. The names of patients and caregivers and the location of their cultivation operations shall not be made available to the general public in accordance with § 24-72-204(3)(a)(I), C.R.S., as contained in the Colorado Open Records Act.

5. The cultivation of medical marijuana plants shall not be permitted on exterior portions of a lot. The cultivation, production or possession of marijuana plants within a building or unit must not be perceptible from the exterior of the building or unit.

6. Any form of signage shall be prohibited; unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited; light pollution, glare or brightness resulting from grow lamps that disturbs adjacent property shall be prohibited; and excessive noise from ventilation fans shall be prohibited.

7. Any primary caregiver cultivating medical marijuana for licensed patients and providing said marijuana to patients for consideration such as a monetary sum shall obtain a business license from the Town pursuant to Chapter 6.01 PMC. Any primary caregiver transferring medical marijuana to a licensed patient for consideration shall also obtain a sales tax license and shall comply with the requirements of Chapter 5.10 PMC concerning the collection and payment of municipal sales taxes. (Ord. 812 §2 (Exh. A), 2024)

15.03.309 Service stations.

A. The following regulations shall apply to all gasoline service or filling stations:

1. All buildings shall be located at least forty feet (40') from any street right-of-way line;

2. Fuel pumps and other appliances shall be located at least fifteen feet (15') from any street right-of-way line;

3. All service, storage, or similar activities shall be conducted entirely on the premises;

4. All major repair work, if any, shall be conducted within a completely enclosed building; and

5. Open storage of wrecked or inoperable automobiles or trucks, discarded tires, automotive parts or similar materials shall not be permitted. (Ord. 812 §2 (Exh. A), 2024)

15.03.310 Sand and gravel regulations.

A. General Provisions.

1. Purpose and Intent. It is the intent of the Town of Parachute to ensure that sand and gravel are available to the public and that mining and related uses for sand and gravel occur without compromising the goals and objectives of the Town of Parachute Municipal Code. It is the intent of the Town of Parachute to ensure that these requirements are addressed without duplication of, or contradiction with, pertinent state or federal requirements for such mining. The Town of Parachute reserves the right to assume the functions of external agencies involved with sand and gravel mining if such agencies are eliminated or their operations are curtailed.

2. Intent to Not Duplicate Other Permit Processes. The Town intends to avoid duplicative permit processes or requirements. The Town will review permit applications concurrently with other required state or federal agency permitting processes whenever possible or practicable.

3. Permit Required. No person shall engage in, cause, allow or conduct sand and gravel exploration, extraction, or production operation prior to obtaining a permit as set forth in this article unless the operation falls within an expressly defined exemption.

4. Transfer of Permit. A sand and gravel exploration, extraction, and production permit may be transferred only with the written consent of the Town. The Town shall ensure, in approving any transfer, that the proposed transferee can and will comply with all the requirements, terms, and conditions contained in the permit and this section and title, and with appropriate state and federal regulations and conditions; that such requirements, terms, and conditions remain sufficient to protect the health, welfare, and safety of the public and the environment; and that a guarantee of financial security can be made to the satisfaction of the Town Council.

5. Applicability.

a. All operations that have one (1) or more of the following characteristics are subject to the standards set forth in this section:

i. Mining of sand, soil or gravel;

ii. Temporary borrow pits to extract sand, soil or gravel;

iii. Accessory uses, and structures associated with mineral extraction;

iv. Crushing, screening, and/or stockpiling of extracted materials;

v. Processing or batching of materials into other products such as asphalt and concrete;

vi. Outdoor storage of equipment and materials used for mineral extraction; or

vii. Extraction of material for resale.

b. Sand and Gravel Extraction Operations Exempted From Permit Requirements. The following activities and uses are exempt from obtaining a permit as required by this title:

i. The activity is for a farming or ranching use within the Town where no material is exported from the site, including land leveling or sand and gravel excavation operated for landowner’s use on the same site upon which the material is excavated from;

ii. The activity is approved by the Town under a separate permit, such as landfill sites, foundation excavations, building or subdivision developments, or water or road tunnel developments;

iii. If for an approved building or subdivision, the disturbed area is located within and immediately surrounding the footprint of an approved building, road, or recreational facility;

iv. There will be no use of public roads to haul the materials; or

v. The operation is not subject to a permit from the Colorado Department of Natural Resources.

B. Review Process. Except as noted below, all applications for sand and gravel exploration, extraction, and production shall follow the general review procedures set forth in Chapter 15.02 PMC, Application Review Procedures, for the level of approval identified in Table 3.4, Schedule of Use Table.

1. Preapplication Conference. If a preapplication conference is required or requested, it shall be held in accordance with the provisions set forth in PMC 15.02.103, Preapplication conference.

2. Application Submittal. All applications for a sand and gravel exploration, extraction, and production permit shall include all of the items identified in Appendix 1 (Submittal Requirements) for a sand and gravel exploration, extraction, and production request.

3. Determination of Completeness. The Town Manager or their designee shall review the application for completeness in accordance with the provisions of PMC 15.02.106, Determination of completeness.

4. Application Review and Referral. As required by Table 2.1, an application for a sand and gravel exploration, extraction, and production shall be sent to internal and external reviewing agencies in accordance with the provisions of PMC 15.02.107, Application review and referral.

5. Staff Report. Once all reviewing agency comments are addressed adequately, a staff report shall be prepared and provided to the reviewing body in accordance with PMC 15.02.108, Staff report.

6. Notification. All notification shall be provided as required by Table 2.1 for a sand and gravel exploration, extraction, and production request.

7. Review and Recommendation by the Planning Commission.

a. The Planning Commission shall review a sand and gravel exploration, extraction, and production request in a manner consistent with Table 2.1 to evaluate compliance with applicable standards. Following their review of the application, the Planning Commission shall provide a recommendation to approve, approve with conditions, or deny the application to the Town Council based on compliance with the standards of this section.

b. The Planning Commission may, in its sole discretion, continue or postpone their consideration of the application to a specified date and time to permit preparation of additional information for further review by the Planning Commission prior to providing a recommendation to the Town Council.

8. Review and Action by Town Council.

a. The Town Council shall review a rezoning request in a manner consistent with Table 2.1 to evaluate compliance with applicable standards. The final decision to approve, approve with conditions, or deny a rezoning application shall be made by the Town Council and be based on compliance with the standards of this section.

b. The Town Council may, in its sole discretion, continue or postpone their consideration of the application to a specified date and time to permit preparation of additional information for further review by the Town Council prior to making a final decision.

9. Post Approval.

a. General post approval steps are outlined in PMC 15.02.111, Post approval.

b. Any condition(s) of approval shall be met and verified by the Town Manager or their designee within a reasonable period of time.

10. Permit Issuance.

a. The Town Council may issue a special use permit approval for a sand and gravel exploration, extraction, and production permit application upon the applicant’s completion of conditions of approval. A final permit approval will not be issued until any required Environmental Assessment (EA), Environmental Impact Statement (EIS) or other permit(s) required by a state or federal agency have been issued.

b. Commencement of Operation. The operation shall be commenced within one (1) year of the date the final permit approval was granted by the Town. If operation has not commenced, the permit shall terminate and be of no force and effect.

c. Completion of Operation. The operation shall be completed within the period of time identified on the permit issued by the Town. At the end of the term of the permit, the permit shall terminate and be of no force and effect, and any land disturbance shall be reclaimed immediately.

C. Operation Standards. All permits issued for sand and gravel exploration, extraction, and/or production operations set forth within this section shall comply with the following standards:

1. Drainage and Erosion Control. The operation shall not cause significant erosion or sedimentation and shall be conducted in accordance with the drainage and erosion control plan.

2. Public Roadways and Traffic Impacts.

a. Ingress and egress points to public roads shall be located, maintained and improved to ensure adequate capacity for efficient movement of existing and projected traffic volumes and to minimize traffic hazards.

b. If the anticipated use of public roads by the operation will result in the need for roadway improvements, increased maintenance or snow removal, the Town may require the operator to:

i. Enter into an agreement with the Town whereby the operator provides for roadway improvement, maintenance, and/or snow removal, or reimburses the Town for such increased costs; and/or

ii. Provide a bond or other financial assurance at an amount acceptable to the Town to cover the costs of impacts to the roads.

3. Wildlife and Wildlife Habitat. The operation shall mitigate any significant degradation of wildlife or sensitive wildlife habitat.

4. Livestock and Livestock Grazing. The operation shall not cause significant impact to livestock, grazing permits, or grazing permittees. Fencing or other agreements between private grazing operations and the operator may be used to satisfy this requirement.

5. Recreation Impacts. The operation shall not cause significant degradation in the quality or quantity of recreational activities in the Town such as hunting, hiking, skiing, or related activities.

6. Water Quality.

a. The operation shall not cause significant degradation in the quality or quantity of surface water from the addition of nonpoint source pollution.

b. The operation shall not cause significant degradation in the water quality or water pressure of any public or private water wells.

c. Applicant shall comply with all Colorado Department of Public Health and Environment (CDPHE) regulations, permits, and standards in managing storm water and erosion control upon disturbed land.

7. Cultural and Historic Resources. The operation shall not cause significant degradation of cultural or historic resources.

8. Wildfire Hazard. The operation shall not cause a significant risk of wildfire hazard.

9. Geologic Hazards. The operation shall not cause a significant risk of geologic hazards.

10. Emergency Response. The operation shall have a written emergency plan for potential emergencies that may be associated with operations of the facilities. This shall include, but not be limited to, any or all of the following: explosions, fires, gas or water pipeline leaks or ruptures, hydrogen sulfide or other toxic gas emissions, and hazardous materials spills. The plan shall be provided to all emergency service providers for review and comment.

11. The Town Council will require a performance guarantee, in a form approved by the Town Attorney, in addition to the bond required by the Colorado Division of Minerals and Geology (CDMG) to ensure that certain conditions of a permit will be complied with. The Town will require a certified copy of the bond required by CDMG.

D. Performance Standards for All Extraction Operations.

1. Standards. All operations shall provide sufficient information to the Town to allow the Town to impose, as permit conditions, measures or requirements to adequately mitigate the impacts such operation may have on:

a. Truck traffic through residential, recreational or commercial areas;

b. Visibility of the site from adjacent and surrounding residences; or

c. Noise, dust, odor, or vibration apparent to surrounding residences and considered to be a nuisance.

2. Duration. The Town Council may approve an operation for a specific period of time, not to exceed twenty (20) years, with a mandatory review at five (5) years after initial approval by the Planning Commission and the Town Council. The compatibility and size of the project will be considered in determining the appropriate length of time for the operation. Renewal of the permit may be granted upon a new permit review, and subject to new and additional conditions. (Ord. 812 §2 (Exh. A), 2024)

15.03.311 Telecommunications facilities.

A. General Provisions.

1. All proposed telecommunications facilities shall be subject to the following regulations. Prior to the issuance of any building or electrical permit for any telecommunications facility regulated under this article, a special use permit shall be applied for, reviewed, and approved by the Town in accordance with PMC 15.02.203, Special use.

2. The purpose and intent of this section is to accommodate the telecommunications needs of residents and businesses while protecting the public health, safety, and welfare of the community. These telecommunications facilities regulations are adopted to:

a. Facilitate the provision of wireless telecommunications services to the residents and businesses of the Town;

b. Minimize adverse visual effects of towers through design and siting standards;

c. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

d. Encourage and maximize the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

B. Applicability. The standards and procedures contained in this article apply to all applications for telecommunications facilities. The planned unit development process is not available to vary the standards applicable to telecommunications facilities. The applicant shall demonstrate that its proposed telecommunications facility meets all standards and provisions of this article.

1. The standards and provisions of this article do not apply to the following:

a. Towers or antennas which are owned or operated by a federally licensed amateur radio station operator or used exclusively for receive-only antennas. All other applicable zoning district requirements must be met.

b. Residential dish or antenna or other installation of any dish or antenna of less than three feet (3') in diameter or seven (7) square feet of frontal surface area.

c. Towers in existence as of the effective date of this Land Development Code may be maintained/replaced with a tower or facility of equal or less visual impact without obtaining a special use permit. The Land Use Administrator shall determine if a special use permit is required following a review of the request.

C. General Requirements. Unless otherwise provided by this article or other applicable law, the following general requirements shall apply to all telecommunications facilities located within the incorporated areas of the Town of Parachute.

D. Federal Requirements. All towers and antennas must meet or exceed the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within the time period required by the controlling federal agency. Failure to bring a tower or antenna into compliance with revised standards or regulations shall be a violation of this article and constitute grounds for removal of the tower or antenna at the owner’s expense.

E. Radio Frequency Standards.

1. All owners of telecommunications facilities shall comply with federal standards for radio frequency emissions.

2. If at any time any operational telecommunications facility within the Town is found to not meet federal standards, the Town may require corrective action within a reasonable period of time. If not corrected, the Town may require removal of the telecommunications facility at the owner’s expense. Any reasonable costs incurred by the Town to determine compliance, including reasonable consultant fees, shall be paid by the owner.

F. Design Standards. Telecommunication facilities shall meet the following standards:

1. Designed and maintained to minimize visual impact; carry gravity and wind loads required by law; and use concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees;

2. Architecturally integrated with existing buildings, structures and landscaping, including height, color, massing, placement, design and shape;

3. Located when possible on existing vertical infrastructure such as utility poles, public buildings, or utility structures;

4. Roof-mounted antennas shall be located as far away as feasible from the edge of the building:

a. All roof-mounted facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible.

b. If roof-mounted equipment is visible from the street or adjacent residential properties, facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached.

c. No roof-mounted facility, including antenna or accessory equipment, shall exceed twelve feet (12') in height, as measured from the roof deck.

d. Roof-mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas;

5. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building:

a. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached.

b. The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two feet (2').

c. Panel antennas shall not extend above the building wall or parapet to which they are mounted.

d. Whip antennas shall extend no more than ten feet (10') above the highest point of the building or structure to which they are attached;

6. Equipment shelters and antennas shall not extend more than ten feet (10') from the top of the building unless expressly approved as a part of the required special use permit;

7. Exterior tower or telecommunications facility equipment building(s), or cabinet(s) shall not contain more than four hundred (400) square feet of gross floor area, shall not be more than twelve feet (12') in height, and shall maintain the minimum setback requirements of the zone in which it is located.

G. Co-Location of Telecommunications Facilities.

1. Shared use/co-location of telecommunications facilities on existing structures, towers, or buildings in a manner that precludes the need for the construction of a freestanding structure is encouraged.

2. A proposal for a new tower shall not be approved unless the Town Council determines that the telecommunications facility for the proposed antenna cannot be accommodated by an existing or approved tower or antenna support structure.

3. The applicant shall further demonstrate that at least one (1) of the following conditions is present:

a. The planned new equipment and antenna would exceed the structural capacity of the existing or approved tower or antenna support structure as documented by a qualified Colorado licensed engineer or, in the alternative, that the existing or approved tower or antenna support structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

b. Existing or approved towers and antenna support structures within the search area cannot accommodate the planned telecommunications facilities at a height necessary to function reasonably, as documented by a qualified Colorado licensed engineer; or

c. Other unforeseen reasons make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

4. Advertising Prohibited on Tower. The use of any portion of a tower for sign or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited, except as required by any federal agency.

5. Max Tower Loads. No telecommunications tower shall be permitted beyond its loading capacity.

6. Height and Setbacks.

a. The height of the telecommunications tower shall not exceed two hundred feet (200'). Tower height shall be measured from the ground level.

b. Other height, bulk, lot coverage, and setback requirements for a telecommunications facility shall be controlled by the zoning district within which it is located. Accessory equipment shall be compatible with the surrounding area and must conform with all zoning requirements.

7. Building Permit Required. Any structures on a telecommunications facilities site shall obtain a building permit from the Town of Parachute Land Use Regulations.

8. No Parking of Equipment on the Site. Mobile or immobile equipment not used in direct support of a tower, or in the housing of equipment needed to operate the tower, shall not be stored or parked on the site, unless new construction or repairs are being made.

9. Abandoned Facilities. All abandoned or unused telecommunications facilities shall be removed by the owner/operator within ninety (90) days of the cessation of use. Should the owner fail to remove the facilities, the Town may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the County Treasurer for collection in the same manner as real estate taxes, or by any other means available under law.

10. Transfer of Approved Telecommunications Tower. An approved telecommunications tower may be transferred to a successor who must adhere to and assigns all of the conditions which apply to the initial application and any amendments. Changes of ownership must be submitted to the Land Use Administrator to ensure all interested parties are in agreement with the conditions of approval.

11. Maintenance. Every owner of a telecommunications facility shall take special care to operate, repair and maintain all such facilities so as to prevent failures and accidents which cause damage, injuries or nuisances to the neighborhood and public. All wires, cables, fixtures and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, state and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions or all other electromagnetic communications or otherwise cause a safety hazard.

H. Additional Submittal Requirements for Telecommunications Facilities. In addition to the application material requirements for special use permits outlined in Appendix 1, Submittal Requirements, telecommunications facilities are required to submit the following items:

1. Certification to Withstand High Winds. A statement from a licensed Colorado professional engineer that the tower is designed to withstand winds in accordance with ANS/EIA/TIA 222 latest revision standards; and shall describe the tower’s capacity, including an example of the number and type of antennas it can accommodate.

2. A Certification That Tower Will Not Cause Unreasonable Electromagnetic Interference. A licensed Colorado professional engineer must certify that the proposed telecommunications facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures or utility structures or the antennas of existing transmission towers, facilities or utility structures or that such existing facilities would interfere with the applicant’s uses such that co-location is not possible.

3. Site Improvement Plan. In place of the required submittal requirements for a special use permit as outlined in Appendix 1, Submittal Requirements, a telecommunications facility shall submit a site-specific development plan with the following items:

a. Provide a vicinity map of the project location;

b. Graphically identify the project’s lease area and/or telecommunications compound, by a surveyed metes and bounds, which locates the proposed tower, cabinets, and equipment buildings;

c. Graphically identify the tower’s fall zone/radius based on tower height;

d. Graphically identify the site’s access drive and surface material;

e. Graphically identify requested fencing and access gates;

f. Provide elevations for the tower, graphically identifying the tower height and antenna locations/heights; and

g. Provide elevations for equipment buildings and proposed fencing, graphically identifying heights and materials.

I. Standards for Small Cell Facilities and Networks.

1. Applicable Requirements. Small cell facilities and small cell networks shall comply in all respects with the requirements of this article applicable to all telecommunications facilities, with the following exceptions:

a. Setback;

b. Design (except as addressed at subsection (I)(5) of this section); and

c. Location (except as addressed at subsection (I)(2) of this section).

2. Location. Small cell facilities are permitted in Town rights-of-way, upon facilities in these rights-of-way and on public easements owned by the Town. Small cell facilities on private property are permitted in all zone districts.

a. Small cell facilities and networks in public rights-of-way and easements shall be reviewed by the road and bridge department and Land Use Administrator.

b. Small cell facilities and networks on private property shall be reviewed by the Land Use Administrator.

c. All small cell facilities shall be required to obtain a building permit applicable for compliance with the requirements for such facilities.

3. Height. All small cell facilities shall not exceed two feet (2') above the light pole, traffic signal or other facility or structure to which they are attached, or the maximum height in the relevant zone district, whichever is less. When new utility poles are proposed as an alternative for a small cell, their height shall not exceed the average height of existing utility/light poles in the vicinity.

4. Spacing. No small cell facility shall be located within one thousand feet (1,000') of any other such facility.

5. Design.

a. Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure upon which they are located (e.g., painted to match the structure or same material and color as adjacent utility poles). To the greatest degree possible, support equipment shall be located underground.

b. Small cell facilities and small cell networks in public rights-of-way shall comply with the following requirements:

i. Small cell facilities are permitted in Town rights-of-way, upon facilities in these rights-of-way and on public easements owned by the Town under the following priority:

(A) First, on a Town-owned utility pole, which shall be removed and replaced with a pole designed to contain all antennas and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the Town.

(B) Second, a Town-owned utility pole with attachment of the small cell facilities in a configuration approved by the Town.

(C) Third, on a third-party-owned utility pole (with the consent of the owner thereof) with attachment of the small cell facilities in a configuration approved by the Town.

(D) Fourth, on a traffic signal pole or mast arm in a configuration approved by the Town, or in the case of a CDOT (Colorado Department of Transportation) facility, by CDOT.

(E) Fifth, on a freestanding or ground-mounted facility which meets the definition of and requirements for an alternative tower facility in a location and configuration approved by the Town.

6. Permitting. All small cell facilities and networks shall be reviewed pursuant to the procedures within this article. The Town may accept applications for a small cell network, provided each small cell facility shall be separately reviewed. The Town may take up to ninety (90) days to process a complete application.

7. Indemnification. The operator of a small cell facility which is permitted to locate on a Town right-of-way or easement or on a Town-owned utility pole, traffic signal or other structure owned by the Town, or within a Town-owned right-of-way or easement, shall, as a condition of permit approval, indemnify the Town from and against all liability and claims arising as a result of that location or attachment, including repair and replacement of damaged poles and equipment, such indemnification in a form approved by the Town Attorney.

8. Bonding. All permits for location of small cell facilities on real property not owned by the small cell permittee shall include as a condition of approval a bond, in form approved by the Town attorney, to guarantee payment for any damages to the real property and removal of the facility upon its abandonment.

9. Permit Expiration. A permit for a small cell facility shall expire twelve (12) months after approval unless construction of the permitted structure has been initiated.

J. Approval Process. The Town shall review and act upon all applications for permits for telecommunications facilities within the following time periods:

1. Within thirty (30) days the Town will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information. This determination pauses the remaining deadlines until a complete application is filed.

2. Within sixty (60) days the Town will act on applications that are not a substantial change.

3. Within ninety (90) days the Town will act on applications for small cell facilities or co-location applications that are not a substantial increase in the size of a tower.

4. Within one hundred fifty (150) days the Town will act on applications for new facilities, co-location applications that are a substantial increase in the size of the tower or substantial increase of an existing telecommunications facility.

5. The final action of the Town on any application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions or denial.

K. Third Party Review.

1. Telecommunications service providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of telecommunications facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the telecommunications facility service provider. The Town may require such a technical review to be paid for by the applicant for a telecommunications facility. The selection of the third-party expert may be made at the discretion of the Town, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the telecommunications facility(ies) and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

a. The accuracy and completeness of the submission;

b. The applicability of analysis techniques and methodologies;

c. The validity of conclusions reached;

d. Any specific technical issues designated by the Town.

2. Based on the results of the third-party review, the Town may require changes to the application for the facility that complies with the recommendation of the expert. (Ord. 812 §2 (Exh. A), 2024)

15.03.312 Recreational vehicles.

It is the intent of this section to provide for the orderly storage of recreational vehicles and trailers. It is also the intent of this section to define habitation of recreational vehicles. This section is intended to supplement all applicable state and local regulations.

A. Purpose. Recreational vehicles and trailers may be parked or stored on private property in all zoning districts except that no recreational vehicles shall be permitted to be stored or used for habitation anywhere in the Town, except as permitted herein. Recreational vehicle parks, trailer parks, and campgrounds may be conditionally permitted by the Planning Commission under the rules and regulations of this title.

B. Street Parking. No RV, recreational/utility trailer, or storage trailer shall be parked or stored for more than seventy-two (72) consecutive hours within any seven (7) day period on any public property or right-of-way within the municipal corporate boundaries.

C. Storage on Residential Property. RVs, recreational/utility trailers, or storage trailers parked in a driveway or immediately adjacent to and parallel to the driveway may not encroach into the right-of-way such that any part of the RV extends over any sidewalk, curb, or public travel way.

D. Multiple RVs, Recreational/Utility Trailers, or Storage Trailers Stored on Property. Property owners may have no more than one (1) RV, recreational/utility trailer, or storage trailer stored on their property unless the following criteria are met:

1. A minimum of one thousand two hundred fifty (1,250) square feet per RV, recreational/utility trailer, or storage trailer is provided;

2. The RV, recreational/utility trailer, or storage trailer is set back from all property lines by five feet (5');

3. A six-foot (6') tall solid wall or fence screens the RV, recreational/utility trailer, or storage trailer from the neighbors and street;

4. Off-street parking requirements are met.

E. Habitation. Habitation of any parked or stored RV shall be prohibited, with the following exceptions:

1. When the RV is situated in an approved RV or trailer park;

2. Vacation usage;

3. When a valid special use permit is obtained for RV habitation in conjunction with construction in accordance with subsection (B) of this section.

F. Habitation of an RV When Used in Conjunction With Construction.

1. An RV may be used for temporary living quarters for not more than eighteen (18) months while the occupant thereof is constructing a permanent dwelling on the same property. Before an RV will be permitted in such an instance, the owner of the property or the person intended to occupy the RV shall secure a special use permit for the RV from the Planning Commission. Such permit shall be granted upon the receipt of a signed statement by the applicant that a permanent dwelling will be constructed within eighteen (18) months thereafter. Construction must start within sixty (60) days of RV placement. Only one (1) RV shall be permitted on any parcel of land during the construction or repair of a permanent dwelling.

a. A repair shall be considered for purposes of this subsection (F) when the repair will cause a condition that disallows the homeowner from occupying the inside of the home during the repair construction. Repairs that are minor and can be confined within the interior shall not be considered.

b. Multiple RVs may be allowed on projects that are not located within the residential zoning districts when construction is expected to continue for more than ninety (90) days and the project is valued at one million dollars ($1,000,000.00) or more.

G. Utilities. Legally parked or stored RVs may be connected to an approved source of electricity in conformance with the adopted building and safety codes referenced under subsection (I) of this section, Compliance With Other Laws And Regulations. Except for legally established RV parks, direct water and sewer connections cannot be made to hook up to any RV unless permitted by an approved special use permit. Additionally, propane tanks must be shut off and disengaged from the RV when stored. Vacation usage shall not be construed to allow temporary servicing of the RV with water or sewer connections. No generator may be used in any RV in the municipality unless it is for temporary servicing or during a lapse of electrical power in the area in which the RV is located.

H. RV Maintenance. It is unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any RV that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any RV shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated.

I. Compliance With Other Laws and Regulations. It is the intent of this chapter to supplement any state and local regulations which may be applicable. Standards adopted in this title governing buildings and construction apply to the regulation of RVs, except for International Building Code and International Residential Code. (Ord. 812 §2 (Exh. A), 2024)

15.03.313 Natural medicine.

A. Definitions. The words and phrases used in this section shall have the meanings defined below.

“Natural medicine” means psilocybin or psilocyn and other substances described as “natural medicine” in §§ 44-50-101 through 44-50-904, C.R.S., (the “Colorado Natural Medicine Code”).

“Natural medicine business” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time, and shall include the following:

1. Natural medicine healing centers;

2. Natural medicine cultivation facilities;

3. Natural medicine products manufacturers;

4. Natural medicine testing facilities; and

5. Any other business entity licensed to perform operations related to natural medicine by the state licensing authority.

“Natural medicine cultivation facility” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Natural medicine healing center” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Natural medicine product” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Natural medicine products manufacturer” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Natural medicine services” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Natural medicine testing facility” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Participant” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“Regulated natural medicine” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

“State licensing authority” shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

B. Zoning. Natural medicine businesses may be allowed in the zone districts as set forth in the Schedule of Use Table in PMC 15.03.207 and if in compliance with the requirements of this section.

C. Distance Requirements. As determined by the Colorado Natural Medicine Code, no natural medicine business shall be within one thousand (1,000) feet of any:

1. Child care center;

2. Preschool;

3. Elementary, middle, junior, or high school; or

4. Residential child care facility.

D. Hours of Operation. The hours of operation of any natural medicine business are restricted to 8:00 a.m. to 10:00 p.m.

E. Security Plan. All natural medicine businesses shall have a security plan for the secure storage of natural medicine and natural medicine products approved by the State of Colorado Natural Medicine Division and shall provide the plan to the Town prior to beginning operation, and shall provide any updated plans to the Town within ten (10) business days.

F. Public View. All doorways, windows and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. All activities of natural medicine businesses shall occur indoors.

G. Lighting. Primary entrances, parking lots and exterior walkways shall be clearly illuminated with downward facing security lights to provide after-dark visibility for facilitators, participants, and employees.

H. Storage. All storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle. All storage of regulated natural medicine and regulated natural medicine products shall be in a secured and locked container. Cultivation facilities shall ensure that any natural medicine under cultivation is kept in an enclosed locked area.

I. Secure Disposal of Natural Medicine. Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities’ exterior refuse container, nor discharged into any street, alley, or public place, or into any municipal storm sewer and/or system in the Town.

J. Hazardous Materials. The processing of natural medicine or natural medicine product that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.

K. Licenses. All natural medicine businesses must obtain:

1. A business license from the Town under Chapter 6.01 PMC; and

2. A license from the state licensing authority pursuant to the conditions set forth in the Colorado Natural Medicine Code.

L. Indemnification of the Town. By accepting a license issued pursuant to this chapter, a licensee, jointly and severally if more than one, agrees to indemnify and defend the Town, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of the natural medicine business that is the subject of the license. The licensee further agrees to investigate, handle, respond to and provide defense for and defend against any such liability, claims or demands at its expense and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Town Administrator may require a licensee to execute a written instrument confirming the provisions of this section. (Ord. 822 §2, 2025)