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

(1)

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

(2)

A guesthouse may be maintained in a residential district accessory to a dwelling, provided that the guesthouse is used for the occasional housing of guests of the occupants of the principal dwelling, so long as the guesthouse is not used for commercial purposes and no charge is made for the use of the premises.

(3)

The renting of rooms to one (1) person, not a member of the family residing in the same one-unit dwelling, may be permitted as an accessory use, provided that the total number of unrelated persons, including roomers, in any one-dwelling unit shall not exceed three (3).

(4)

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

a.

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

b.

Every swimming pool must be completely surrounded by a fence or wall not less than six (6) feet in height, with no openings large enough to permit children to pass through other than gates or doors that can be fastened to protect against entry. A building may be used as part of the required enclosure.

c.

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

d.

All swimming pools shall comply with the building code adopted by the Town and the National Electrical Safety Code.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

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

(1)

No part of any accessory structure shall be located closer than ten (10) feet to any principal structure unless it is attached to, or forms a part of, the principal structure.

(2)

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

(3)

Accessory structures on corner lots shall be set back from the side street a distance not less than that required for the principal structure.

(4)

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

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

Size: This section shall affect any and all sizes of Intermodal Containers and Other Mobile Storage Structures.

Other mobile storage structures are only permitted in industrial zoned areas and must be located in the back portion of the property.

Setback requirements: Intermodal containers shall abide by the same provisions of setback requirements for buildings set forth in Section 16-5-40 Zone district standards, Table 16-8, of the South Fork Municipal Code. Such containers shall not be placed in the front of any primary building of any zone areas.

In the 160/149 Highway Corridor, Intermodal containers must be place in the rear of the property.

Intermodal containers shall be of earth tone colors compatible with the industrial, commercial, or residential structures nearby. Rusted, dented, or damaged containers are to be removed. Numbers, letters or signage on the outside or exterior of the container is not permitted.

Intermodal container shall be neatly placed, aligned and properly leveled on the lot, the doors shall remain closed, and no other materials shall be stored against or on grounds immediately surrounding the container.

Intermodal containers of any size or configuration shall not be allowed to be placed on residential property within the boundaries of the Town of South Fork, unless it meets the following criteria:

1.

Containers must be painted in color that is the same color palate as the primary residential structure.

2.

Containers shall be placed on the back of the property and adhere to the setback requirements.

3.

Landscaping, and or six (6) feet or higher privacy fencing, shall be used to shield the container as much as possible.

Intermodal containers may not be stacked or placed on end.

Intermodal containers shall not be placed on public streets or rights-of-way and, if so placed, shall be subject to immediate removal and impoundment by the Town.

Intermodal containers known as PODs (Portable on Demand Storage) for moving or temporary storage are allowed for a period of fourteen (14) days. Only one (1) POD is allowed on the property at a time.

Intermodal containers can be temporarily placed on private property for the purpose of construction with appropriate building permits. If placement exceeds ninety (90) days, property owner may apply for an extended permit, not to exceed one (1) year.

Intermodal containers are not allowed to connect to electrical, water, or sanitation utilities.

Intermodal containers placed on private or public property prior to the adoption and not in compliance of this ordinance shall be designated as a temporary placement under this section. Noncompliant intermodal containers or other mobile storage structures shall be removed within one (1) year from said property if not brought into compliance with this section.

(Ord. No. 2020-08, § 1, 9-22-2020)

(a)

The following uses of land are permitted in each zone district, unless restricted to particular zone districts, subject to the specific regulations and time limits which follow, and to the other applicable regulations of the zone district in which the use is permitted.

(1)

Christmas tree sales shall be allowed in all zone districts, except in residential zone districts on lots of one (1) acre or less, for a period not to exceed sixty (60) days. The display of Christmas trees need not comply with the setback requirements of these regulations, provided that no tree shall be displayed within thirty (30) feet of the intersection of the right-of-way line of any two (2) streets.

(2)

Contractors' office or living quarters and equipment sheds, accessory to a construction project shall be allowed, to continue only during the duration of such project.

(3)

Real estate offices incidental to a new housing development shall be permitted with the approval of the Land Use Administrator.

(4)

Auctions, flea markets, carnivals, circuses, bazaars and other amusement activities shall be allowed, provided that they do not continue more than ten (10) consecutive days and they obtain any permits required by law.

(b)

Within ten (10) days of receiving an application for a temporary use permit, the Land Use Administrator shall either approve or deny the application.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Vision clearance areas shall be provided, with the following distance, establishing the size of the vision clearance area: In all zone districts, the minimum distance shall be twenty-five (25) feet or ten (10) feet at alleys, except that, when the angle of intersection between streets is less than thirty (30) degrees, the distance shall be thirty (30) feet.

(b)

A vision clearance area shall contain no plantings, walls, structures or temporary or permanent obstructions exceeding three and one-half (3½) feet in height measured from the top of the curb or existing grade.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

If a lot in a Light Industrial District adjoins an existing residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjacent residential uses.

(b)

If a lot in a Heavy Industrial District adjoins an existing residential district, screening of at least six (6) feet in height shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjacent residential uses.

(c)

Fences, walls and hedges may be permitted in any required setback or along the edge of any setback, provided that, within any required vision clearance areas established in Section 16-6-40 above, no fence, wall or hedge shall be over three and one-half (3½) feet in height closer than twenty-five (25) feet to a public right-of-way. The only exception to the foregoing shall be that fences at least eighty percent (80%) open may be erected closer than twenty-five (25) feet to any property line parallel or perpendicular to a public right-of-way.

(d)

Fences, walls and hedges shall not exceed eight (8) feet in height in residential districts (areas excluded above), except for approved conditional uses.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Extractive industries, salvage junk yards, commercial feedlots, kennels and animal hospitals shall be located a minimum of six hundred sixty (660) feet from any residential district.

(b)

Oil and gas drilling and/or production is permitted in the Heavy Industrial District, provided that all oil and gas drilling and/or production operations, including all derricks, retaining pits, vacuum pumps, storage tanks, vehicle parking, structures, machinery and equipment to be used or designed to be used for such purposes, shall be located at least six hundred (600) feet from schools, churches and dwellings on other lots, where the surface owners of such other lots are not parties to the oil and gas lease, and at least one hundred (100) feet from Town, county, state and federal highways.

(c)

Salvage junk yards shall be screened with an eight-foot-high, opaque, solid fence or earth berm so as to provide visual and aural separation between such use and adjacent areas. Fences shall be of sufficient height to totally screen the salvage yard from the motoring public.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

Any use permitted in a zone district which intends to conduct a portion or all of its business with persons desiring to remain in their automobiles, which allows products to be consumed on the premises outside the principal building and which is not subject to the conditional use review provisions of this Chapter, or which is not part of a Planned Unit Development shall submit a site plan to be reviewed and approved by the Town Staff. In reviewing and approving the site plan for such a use, the Town shall be satisfied that the traffic circulation on and adjacent to the site conforms to the following criteria:

(1)

Traffic circulation shall be arranged so that internal pedestrian and vehicular movements are compatible and traffic hazards are minimized.

(2)

Traffic circulation, ingress and egress shall be arranged so as to avoid hazardous or adverse effects on adjacent sites and streets.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

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

(b)

A home occupation shall be conducted within the Town only in residential zone districts where permitted, and in compliance with the following provisions:

(1)

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

(2)

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

(3)

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

(4)

The home occupation shall conform with all fire, building, plumbing, electrical and all other Town, county, state and federal codes.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

The home occupation shall not occupy more than twenty-five percent (25%) of the gross floor area of the home and, if located in an accessory structure, not more than five percent (5%) of the total lot area.

(15)

Although more than one (1) home occupation may be allowed at any residential dwelling, the provisions of this Section shall apply to the total area allowed for all such home occupations.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

All proposed CMRS facilities shall be reviewed pursuant to the following procedures:

(1)

Building- or structure-mounted CMRS facilities shall be reviewed by the Land Use Administrator for compliance with the requirements of this Chapter.

(2)

Roof-mounted and freestanding CMRS facilities must receive approval as a conditional use.

(b)

Multiple providers. No more than one (1) roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership; provided, however, that additional CMRS facilities may be approved at the same location as a conditional use, provided all other requirements of this Section are met.

(c)

Building- or structure-mounted CMRS facilities shall be subject to the following requirements:

(1)

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

(2)

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet.

(3)

Building- or structure-mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached.

(d)

Roof-mounted CMRS facilities shall be screened or camouflaged, as appropriate, from view from adjacent property lines. Such facilities are additionally subject to the following requirements:

(1)

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

(2)

Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached.

(3)

Roof-mounted CMRS panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted.

(4)

Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof.

(e)

Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way as follows:

(1)

All accessory structures and equipment cabinets shall be totally screened from view from adjacent property lines.

(2)

Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties, and shall be determined as part of the conditional use review process.

(f)

No CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located.

(g)

The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The Town shall be held harmless if interference occurs.

(h)

CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. 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.

(i)

Standards for approval.

(1)

Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower.

(2)

The tower is not a hazard to aircraft.

(3)

The tower shall be placed on the property to contain on site all ice-fall or debris from tower failure.

(4)

The proposed tower shall provide for shared capacity if technically practicable.

(5)

The tower shall have the least practicable adverse visual impact on the environment.

(6)

The proposed tower shall not emit radiation that will adversely affect human health.

(7)

The proposed tower shall be the minimum height needed to accommodate the antenna.

(8)

The proposed tower shall comply with all applicable federal and state regulations.

(9)

The design of the proposed tower shall ensure structural integrity. The proposed tower shall have adequate measures to discourage unauthorized climbing and to ensure the security thereof.

(10)

All reasonably possible sites for the tower have been considered, and the proposed site is the most appropriate, available site from a land use perspective.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

It shall be unlawful to operate or cause to be operated an adult-oriented business in any location other than a Commercial (C) Zone District, as defined in Article 5 of this Chapter. An adult-oriented business shall be deemed to be a conditional use and shall require approval under Article 3 of this Chapter.

(b)

It shall be unlawful to operate or cause to be operated an adult-oriented business within seven hundred fifty (750) feet of a church, school, child care or day care home or facility, dormitory, health services center or hospital, public park or residential property. For the purposes of this Section, the distance between an adult-oriented business and a church, school, child care or day care home or facility, dormitory, health services center or hospital, public park or residential property shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure in which the adult-oriented business is conducted to the nearest property line of the premises in which a church, school, child care or day care home or facility, dormitory, health services center or hospital, public park or residentially zoned property is located.

(c)

It shall be unlawful to operate or cause to be operated an adult-oriented business within seven hundred fifty (750) feet of another adult-oriented business. The distance between any two (2) such businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structures in which the adult-oriented businesses are located.

(d)

It shall be unlawful to operate or cause to be operated more than one (1) adult-oriented business in the same facility or portion thereof.

(e)

It shall be unlawful for an adult-oriented business to be open for business, or for a licensee to allow patrons on the premises, from 2:00 a.m. to 12:00 noon of any day, with the exception of private rooms within an adult-oriented motel or hotel.

(f)

All persons under twenty-one (21) years of age shall be prohibited admission to an adult-oriented business; provided, however, that this prohibition shall not apply to the non-adult-business portion of a business's premises if the interior of the adult-business portion of the premises is not visible from the non-adult-business portion of the premises and access is restricted and regulated so as to bar entrance by persons under twenty-one (21) years of age. It shall be unlawful for either a licensee or persons under twenty-one (21) years of age to violate this provision.

(g)

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may only contain on the sign the name of the establishment. Each letter forming a word on a sign shall be of solid color, and each such letter shall be the same print-type, size and color. The display surface of a primary sign shall be of a uniform and solid color.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

The use of property as a medical marijuana center, retail marijuana store, optional premises cultivation operation or a facility for which a medical marijuana-infused products manufacturer's license could otherwise be obtained within the Town is prohibited in any zoning district.

(Ord. No. 10-06, § B; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Purpose. The Town of South Fork (which is primarily funded by tourism) has experienced an increasing number of Short-Term Rentals develop within the town limits. It is the town's intent to ensure that State and local laws and regulations are followed, while preventing hardship on local ownership of such properties. The Town of South Fork encourages private enterprise within town limits, and seeks to support the growing tourism industry without adversely affecting the character and small-town environment of residential areas that the citizens of South Fork enjoy and expect.

(b)

Definition. A "short-term rental" (STR) or vacation rental is the renting or leasing of a furnished home, cabin, condominium, one (1) unit of a multifamily unit, modular living unit or mobile home or recreational vehicle for a short-term stay, either on a daily or weekly basis for twenty-nine (29) or fewer days during a one-month period.

(c)

The Board of Trustees have established twelve (12) Short-Term Rental divisions within the Town of South Fork. (See Short-Term Rental Division Map "Appendix A".)

(1)

Short-Term Rental percentages are capped at thirteen percent (13%) of the total number of housing units within those divisions; except, divisions 1, 4 and 8.

(2)

Divisions 1, 4 and 8 have been designated as high-capacity Short-Term Rentals based upon their development and or current high capacity of Short-Term Rentals.

(3)

Divisions 1, 4 and 8 do not have an established percentage cap.

(4)

Cap limits shall be reflected as a whole number. Decimal values will not be considered. Caps of thirteen percent (13%) are acceptable. Caps of fourteen percent (14%) are not acceptable.

(d)

Short-Term Rental Uses shall be subject to Town Staff Administrative approval or denial based upon the following criteria, to wit:

(1)

The property owner must possess a current Town of South Fork Business License, renewable annually for every year the property is used as a short-term rental unit. The STR permit may be denied or revoked if the Owner is not in compliance with the terms and conditions of the permit, as well as other applicable laws. Permits are non-transferrable. A thirty-day grace period will be extended to a renewal deadline of an expired permit from the same owner. After thirty (30) days, a new permitting process will be required. Deadlines and required paperwork will be strictly adhered to and missed deadlines and incomplete paperwork will be grounds for immediate declination of new and renewal permits. Vacated permits under the established cap will be filled on a first come, first served basis.

(2)

The property owner must display the Town business license number after the name of the business on all advertisements on media sites, i.e. Big Deer Cabin #1234567.

(3)

The owner of a short-term rental (or an owner's representative) shall reside in Rio Grande County or an adjacent county that shall remain on call for the entire duration of any period in which the property is occupied as a short-term rental. Contact information for the owner, or owner's representative shall be listed on the notice of Short-Term Rental Rules and kept on file at Town Hall. Contact information for the owner or owner's representative shall also be posted inside of the building in a conspicuous location.

(4)

All owners are required to collect taxes from renters of STR and remit to the Department of Revenue in compliance with state requirements;

a.

Specific taxes to be collected are sales tax, which includes State, County, and Local sales tax; Lodging tax; and if applicable, Marketing District tax.

b.

Evidence of the issuance of the Colorado State sales tax license and Lodging Tax is required as a condition of the Town Administrator approval of the permit.

c.

Evidence of payment of Lodging Tax.

(5)

An annual life safety inspection shall be ordered by the Owner, and completed by the Town Short-Term Rental Enforcement Officer. Such inspections shall determine the following.

a.

Fire extinguisher shall be mounted to a wall in the kitchen and utility/HVAC area;

b.

Working smoke alarms and CO ₂ alarms shall be installed outside of each sleeping area door, in the kitchen and in the utility/HVAC area.

c.

Workings egress fire escape or ladder for buildings of more than one (1) story.

d.

Visual inspection of the notice, posted in visible place, stating the Town of South Fork rules for STR.

(6)

Rules for STRs;

a.

No trash or garbage shall be left outside. Trash and garbage receptacles will be "bear proof."

b.

Parking must be on rental property, no on street parking.

c.

Maximum occupancy one (1) person per two hundred (200) square feet of gross living square feet.

d.

Required liability insurance on property.

e.

ATVs shall comply with all rules, regulations and permitting requirements set forth by the Town of South Fork. Rules for ATVs and routes through town shall be posted on the property.

f.

It is against State law to feed the wildlife.

g.

Observe any current fire restrictions for outdoor fires and use of BBQs.

(7)

STR permit fees;

a.

Short-Term Rental Permit Fees. The following Short-term Rental fees are established by this ordinance and will be updated or confirmed annually by resolution in the Town Fee Schedule:

Fees: Annual Fees for new and renewal Short-Term Rental Permits are set at one thousand five hundred dollars ($1,500.00). This fee includes the business license fee and Inspection fee.

b.

Penalty. Any person who violates the provisions of this section shall be subject to a fine not exceeding two thousand, six hundred and fifty dollars ($2,650.00). Each day of continued violation shall be considered as a separate offense.

c.

Short-Term Rental policies will be reviewed annually or more frequently at the discretion of the Board of Trustees.

d.

Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose.

e.

Repealer. All orders, bylaws, resolutions and ordinances of the Town, or parts thereof, inconsistent or in conflict with this section are hereby repealed to the extent only of such inconsistency or conflict.

(8)

Commercial property STRs:

a.

Short-Term Rentals located on commercial property will be subject to the same STR rules as those located on residential property. This includes all rules established in Section 16-6-120, provided however that commercial property STRs are not subject to caps identified on this ordinance since they are situated in the unregulated Division 8.

b.

This section does not apply to commercial businesses paying non-residential, commercial use taxes.

c.

Commercial property STR permit fees will be charged per STR unit not per building.

(Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification); Ord. No. 2020-06, 11-24-2020; Ord. No. 2202-01, § 3, 7-26-2022; Ord. No. 22-04, 12-13-2022; Ord. No. 24-02, 2-13-2024)

Editor's note— Appendix A referred to in this section is adopted by reference and not set out in this Code.