(a)

Permit required. Accessory buildings which are larger than one hundred twenty (120) square feet in area, as measured around the perimeter of the building, or which exceed ten (10) feet in height, as measured as the vertical distance from the ground level adjacent to the structure to the highest point of the roof surface, shall require a building permit. All other accessory buildings shall not require a building permit unless otherwise required by this Code.

(b)

Setbacks. All accessory buildings shall conform to the setback requirements of the zoning district in which the building is located.

(c)

Other requirements. All accessory buildings shall conform to the visibility requirements of this Code and the open space requirements of the zoning district in which the building is located, and shall be generally compatible and not detrimental to the surrounding neighborhood.

(d)

Location requirements. The location of all accessory buildings shall be in conformance with Table 16-3-10(a).

(Ord. 2020-1620 §3; Ord. 2022-1663 §20; Ord. 2024-1707 §9)

(a)

Intent. The intent of this Section is to provide for limited business uses within dwellings when such uses will clearly not alter the character or appearance of the residential neighborhood. Telecommuting, as defined in this Code, is exempt from home occupation registrations.

(b)

Home occupations shall be permitted as an accessory use of any dwelling unit, whether or not authorized as a named accessory use by this Code, if the following conditions are met and continuously exist:

(1)

Home occupations shall be incidental and secondary to the residential purpose of the dwelling unit, and occupational activity shall be harmonious with the residential use.

(2)

The exterior appearance of the dwelling and lot shall not be altered, nor shall any home occupation within the dwelling be conducted in a manner which would cause the premises to differ from its residential character.

(3)

Home occupations shall not alter the exterior appearance by the use of colors, materials, construction or lighting, or by the emission of sounds, noises, dust, odors, fumes, smoke or vibrations detectable outside the dwelling.

(4)

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

(5)

All persons carrying on the home occupation must be regular inhabitants of the dwelling unit, with not more than one (1) additional noninhabitant employee or co-worker per home occupation.

(6)

The total square footage devoted to home occupations shall not exceed either twenty-five percent (25%) of the total floor area of the dwelling unit or five hundred (500) square feet, whichever is less, and in no event shall more than fifty percent (50%) of the total square footage of any building on the property be used for storage of materials, inventory or equipment related to the home occupation.

(7)

There shall be no sale, display or distribution of merchandise which requires customers to visit the property to transact business.

(8)

Home occupations may be conducted within the dwelling which shall be the principal building and use on the lot, as long as the home occupation is in compliance with the square footage requirement identified in Subsection (6) above.

(9)

In the event a home occupation involves tutoring or instruction, no more than two (2) students may be present at the dwelling unit at any one (1) time without prior approval of a conditional use grant in accordance with Section 14-2-130.

(10)

In the event a home occupation involves child care, the number of children cared for at the dwelling unit at any one (1) time shall be limited to the lawful number permitted by the rules and regulations for the day care homes then in effect and issued by the Department of Social Services of the State. The home occupation of child care shall be exempt from the square footage conditions as set forth in Subsection (6) above.

(11)

Vehicular traffic flow associated with the home occupation shall not adversely affect traffic flow and parking in the surrounding residential area.

(12)

There shall be no exterior storage of material and/or equipment used as part of the home occupation on the property.

(13)

The use of utilities shall be limited to that normally associated with the use of the property for residential purposes. Electrical or mechanical equipment that creates audible interference in radio receivers or visual or audible interference in television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

(14)

Home occupations shall not be transferable to alternate locations or persons.

(15)

Activities conducted and buildings, equipment and material used or stored in coordination with the home occupation shall comply with all building and fire codes, as adopted by the Town.

(c)

Prior to the establishment of any home occupation, an application for such home occupation shall be registered with the Planning Department. Such application shall include the name and address of the persons conducting the home occupation, a description of said occupation and property owner or landlord authorization, when unit is not owned by home occupation applicant. Upon completion of an application and verification by the Town that said home occupation meets the provisions identified in this Section, staff shall issue to the property a copy of the approved home occupation registration. There shall be no fee for the registration of the home occupation set forth herein.

(d)

If the Town determines that the use does not meet all of the requirements of a home occupation, then the home occupation application shall be refused, and the use shall either be brought into full compliance with the provisions of this Chapter for home occupation registrations, or the use shall be abandoned and all operations ceased.

(e)

Revocation. In the event any activities associated with a home occupation registration no longer meet the provisions of this Chapter for home occupation registrations, this noncompliance may result in revocation of the Town's approval of the home occupation, denial of building permits and/or certificates of occupancy, injunctive relief prohibiting use of the property and other remedies available to the Town under this Code and other applicable laws of the State.

(f)

All home occupations lawfully in existence at the time of the adoption of this Section shall be allowed to continue at their present levels of activity and in their present form, and, if hereafter changed, those home occupations must conform to the requirements of this Section.

(Ord. 2020-1620 §3; Ord. 2024-1707 §10)

(a)

Pursuant to Section 16-3-20(b)(9), home occupations involving tutoring or instruction are limited to instructing two (2) students at any one time without the approval of a conditional use grant. Additional students shall be permitted as a conditional use in all residential zoning districts. In addition to those conditions applicable to conditional uses generally as set forth in Sec. 14-2-130, every conditional use grant for tutoring of more than two (2) students shall be subject to approval by the Town Board of the conditions specifically set forth herein.

(b)

Any conditional use grant for instruction or tutoring of more than two (2) students shall:

(1)

Be limited to tutoring or instruction of children under the age of eighteen (18) years;

(2)

Not exceed eight (8) students present at the dwelling unit at any one (1) time;

(3)

Have available one (1) on-site parking space for every two (2) students present at the dwelling at any one (1) time;

(4)

Be limited to hours of operation between 7:00 a.m. and 8:00 p.m.;

(5)

Be limited to no more than fifteen (15) hours per week of instruction;

(6)

Comply with all State of Colorado child care licensing requirements, including requirements for licensing exemption status; and

(7)

Be subject to inspection in order to ensure that all applicable building and fire codes are met.

(Ord. 2020-1620 §3)

(a)

Statement of intent. The intent of this Section is to provide for accessory dwelling uses in areas within which single-family detached residential uses are permitted, while protecting the public health, safety and welfare through reasonable limitations on size, occupancy, density and parking associated with such uses, in accordance with C.R.S. §§ 29-35-102 and 29-35-103.

(b)

General provisions. Accessory dwelling units shall be permitted as an accessory use in conjunction with all single-family detached dwellings in all zoning districts which permit single-family dwelling units as a permitted use, subject to the following conditions:

(1)

Compliance with development standards and building codes. Every accessory dwelling unit shall meet the same development standards applicable to the principal dwelling unit. In addition, every accessory dwelling unit shall meet all applicable municipal codes, building codes, residential codes, fire codes and property maintenance codes. The application of these codes may render some property ineligible for accessory dwelling unit approval.

(2)

Parking. Parking for an accessory dwelling unit shall comply with C.R.S. §§ 29-35-103(3)(a) and (b):

a.

No parking space(s) shall be required so long as there is an existing parking space available for designation, including a driveway, garage, tandem parking, other off-street parking space, or on-street parking is available.

b.

Where on-street parking is prohibited, on-site parking is unavailable, and parking is required as of January 1, 2024 for the primary dwelling unit, at least one (1) parking space shall be provided.

The parking space required under this Section shall be paved with asphalt or concrete.

(3)

Accessory dwelling unit size and configuration. Except as modified in Subsection (5) below, the living space of the accessory dwelling unit shall be no larger than the living space of the principal dwelling unit on the subject lot or parcel, and shall not in any event exceed nine hundred fifty (950) square feet. No accessory dwelling unit shall be less than five hundred (500) square feet, and all accessory dwelling units shall be designed and configured as either studio, one-bedroom or two-bedroom units. Square footage calculations, as contained herein, exclude any related garage, porch or similar area.

(4)

Unit size exception. The limitations of Subsection (4) above shall not apply to accessory dwelling units located within the footprint of an existing home as long as the living space of the accessory dwelling unit is not larger than fifty percent (50%) of the entire principal dwelling unit, including the basement. For example, if a home has one thousand (1,000) square feet of living space within the basement, an accessory dwelling unit could be established in this space if the principal dwelling also contains at least one thousand (1,000) square feet of living space.

(5)

Number of accessory dwelling units per lot or parcel. Only one (1) accessory dwelling unit shall be allowed for each lot or parcel.

(6)

Owner occupancy at time of application submittal. The property owner, as reflected in the books and records of the County Clerk and Recorder, must reside on the parcel at the time of application submittal for an accessory dwelling unit. In the case of a corporation, limited liability company, trust or other owner entity, owner occupancy by a natural person at the time of accessory dwelling unit application submittal shall be established by resolution or other formal declaration by the entity.

(7)

Existing development on lot.

a.

Certificate of occupancy required. A single-family dwelling shall exist as the principal use on the lot or parcel, or shall be constructed in conjunction with the accessory dwelling unit. A certificate of occupancy for an accessory dwelling unit will only be granted after a certificate of occupancy has been granted to the principal dwelling unit on the lot or parcel.

b.

Legal nonconformity. Nothing herein shall be construed to render lawful any dwelling unit in use which, at the time of its establishment, was not lawful. Nothing herein shall require adherence to the requirements of this Section as applied to any dwelling unit which, at the time of its establishment, was lawful, unless such dwelling unit is proposed for expansion, modification or use different than that taking place at the time of the adoption of this Section.

c.

Utility service requirements. With the exception of telephone, television, electrical and Internet service, accessory dwelling units must be served through the utility services of the principal dwelling unit and shall not have separate services.

d.

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

e.

Minimum lot size. No accessory dwelling unit shall be permitted on a lot or parcel consisting of less than six thousand (6,000) square feet.

(c)

Types of accessory dwelling units. The following designations shall identify three (3) distinct types of accessory dwelling units:

(1)

Type I: An accessory dwelling unit which is detached from the principal dwelling unit and considered a separate dwelling unit under the Residential Code.

(2)

Type II: An accessory dwelling unit located inside a single-family dwelling. Type II accessory dwelling units typically have a separate access from the principal dwelling unit. In this case, both the accessory dwelling unit and the principal dwelling unit to which it is accessory are considered separate dwelling units under the Residential Code.

(3)

Type III: An accessory dwelling unit located inside a single-family dwelling and which is not locked off from the principal dwelling unit. In this case, the accessory dwelling unit and principal dwelling unit shall be considered part of one (1) dwelling unit under the Residential Code.

(d)

Design-related limitations, provisions. Each accessory dwelling unit proposed for any location shall be approved in the form of a site plan, which shall, in addition to any other required contents, contain the following:

(1)

Design. To preserve the appearance of the single-family dwelling, accessory dwelling units shall be designed in the following manner:

a.

The design of the accessory dwelling unit shall be compatible with the design of the principal dwelling unit by use of similar style, exterior wall materials, window types, door and window trims, roofing materials and roof pitch and colors.

b.

If the entrance to the accessory dwelling unit is visible from an adjacent street, it shall be designed in a manner as to be clearly subordinate to the entrance of the principal dwelling.

c.

Windows which face an adjoining residential property shall be designed to protect the privacy of neighbors.

(2)

Outdoor areas. The site plan shall provide accessible outdoor space and landscaping for both the accessory dwelling unit and the principal dwelling unit. The parking area required under Section 16-3-40(b)(2) shall be paved with asphalt or concrete.

(e)

Home occupations. Home occupations may take place within any accessory dwelling unit approved or lawful pursuant to this Section. However, home occupations taking place in any accessory dwelling unit shall comply with the requirements of Section 16-3-30.

(f)

Accessory dwelling unit short-term rentals. Properties containing an ADU may be granted one (1) short-term rental license. The license can apply to either the accessory dwelling unit or the single-family dwelling, but not both. Accessory dwelling units being used for the purpose of a short-term rental shall comply with the requirements outlined in Section 16-3-60.

(g)

Recorded declaration of restrictions required. As a condition of accessory dwelling unit approval and condition of any building permit issued for or within an accessory dwelling unit, the property owner shall record a declaration of restrictions with the clerk and recorder of the county in which the property is located. Such declaration of restrictions shall be in the form approved and maintained by the Zoning Official, and shall state that:

(1)

The declarant shall reside on the property and such property shall be the primary and permanent dwelling place of the declarant, excluding temporary absences and temporary stays elsewhere, and said property shall be the declarant's place of legal residence at the time an application is submitted.

(2)

Ownership of the accessory dwelling unit shall not be transferred separately from the principal dwelling unit, nor shall the lot or parcel upon which the accessory dwelling unit is situated be subdivided.

(3)

The accessory dwelling unit shall be restricted to the approved size, and shall not be expanded. Any modification of the approved accessory dwelling unit site plan shall first be approved by the Town.

(4)

The certificate of occupancy for the accessory dwelling unit shall be in effect only so long as a principal dwelling remains on the property.

(5)

If the accessory dwelling unit is approved as Type III, the accessory dwelling unit shall not be locked off from the principal dwelling unit unless, prior to such action, the property owner has applied for and received approval for a change of designation to a Type II accessory dwelling unit.

(6)

The above restrictions are binding upon any successor in ownership of the property.

(7)

Noncompliance with the declaration of restrictions may subject both the owner of the property and any accessory dwelling unit occupants to criminal prosecution and civil remedies, including, but not limited to, injunctive relief. The owner of the property shall be liable for all Town expenses associated with civil remedies sought by the Town in association with the declaration of restrictions. The failure of the Town to pursue civil or criminal remedies shall not be deemed a waiver of any violations or noncompliance.

(8)

The declaration of restrictions shall lapse upon removal of the accessory dwelling unit. To affect this intent, and upon verification of such removal, the Town shall execute documentation confirming release of the deed restriction. The property owner shall record the Town-executed documentation releasing the declaration of restrictions. The property owner shall pay all required recording fees, and shall provide satisfactory written evidence that such recording was successfully completed.

(9)

The declaration of restrictions shall be perpetual and constitute covenants running with the land. The declaration of restrictions shall be binding upon the property owner, and the heirs, successors and assigns of the property owner and all persons claiming under them.

(10)

Neither the declaration of restrictions, nor any of the specifics set forth or incorporated therein, shall be amended, terminated or modified in any way without the written consent of the Town, filed with the clerk and recorder of the county in which the property is located.

(h)

Procedure for accessory dwelling unit approval. The approval of each accessory dwelling unit shall be governed by the following procedures:

The property owner shall file an application for approval with the Planning Department upon such forms as may be approved by the Zoning Official. Upon completion of Planning Department review, the Zoning Official shall either approve the application as presented, deny the application as presented or approve the application with conditions. The Zoning Official shall base the determination and any conditions upon the express requirements and limitations of this Article.

(Ord. 2020-1620 §3; Ord. 2024-1707 §11; Ord. 2025-1719 §2)

(a)

Small group living facilities, as defined in this Code, shall be permitted as a conditional use in all residential zoning districts. Such conditional use shall be subject to approval by the Town Board of the conditions hereinafter specifically set forth, rather than those conditions applicable to conditional uses generally as set forth in this Code.

(b)

Such conditional use shall conform to the lot size, building location, building size, open space, height limitations, setback limitations, lot coverage limitations and exterior signage requirements applicable to this District. Such conditional use shall be architecturally compatible with the character of the surrounding neighborhood.

(c)

Such conditional use shall not permit the conducting of ministerial activities of any private or public organization or agency, or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in this District.

(d)

Appropriate consideration shall be given to the specific location of the small group home facility and the availability and proximity of commercial services, transportation and public recreation facilities.

(e)

Such conditional use shall comply with all applicable regulations of the Colorado Department of Public Health and Environment or other state or local regulations pertaining to the proposed conditional use.

(f)

Adequate provision for parking, loading and circulation facilities.

(g)

Evaluation of the operator of the proposed small group living facility for the purposes of ensuring the cleanliness and safety of the residents of the facility and a minimum level of comfort for such residents.

(Ord. 2020-1620 §3)

(a)

Intent. The intent of this article is to provide procedural requirements, regulations and fee schedule for a short-term rental property. This article ensures that short-term rentals, also known as STRs, are operated in a manner that is compliant with all applicable rules, laws, and regulations, as well as to ensure it is compatible with the surrounding neighborhood and protects the overall community character.

(b)

The provisions set forth in this article shall only apply to short-term rental properties, as defined within the Land Use Code. This article shall not apply to the furnishing of lodging services in hotels, motels, resort lodge cottages, bed and breakfast establishments, timeshares/fractional ownership units within a building or to properties with leases that exceed thirty (30) days or more.

(c)

Definition. "Short-term rental" means a dwelling unit, within a residentially zoned property, that is rented for a period of twenty-nine (29) consecutive days or less.

(1)

Short-term rentals, that are owned in fee-simple by an individual property owner or corporate entity, shall be allowed in the following dwelling types (as defined by the Land Use Code), and are subject to fire and building code compliance:

(a)

Single-family detached and attached residences;

(b)

Multi-family condominiums; and

(c)

accessory dwelling units. Short-term rental ADUs are subject to the following conditions in addition to the general provisions and requirements in Section[s] 16-3-60(d) and (e):

1.

One (1) short-term rental permit. No more than one (1) short-term rental permit may be issued and active during the same duration. Such permit may be granted for either the principal dwelling or the ADU.

2.

The property owner's primary residence shall be either the principal dwelling or the ADU for any period in which a short-term rental permit is active.

(d)

General provisions. Short-term rentals are only allowed in zone districts that allow residential uses in accordance with the requirements of the underlying residential zone and subject to the following conditions:

(1)

Business license and short-term rental permit required. It shall be unlawful to offer, provide, or operate a short-term rental in the Town of Windsor without obtaining a business license and a short-term rental permit from the Town, through the department(s) tasked with oversight and enforcement. A short-term rental permit shall only be issued to a natural person, whose name appears on the property deed or a corporate entity.

(2)

Application. Before any permit under this article is issued, an application for business license and short-term rental permit shall be submitted to the Finance Department and Community Development Department - Planning. All applications shall be made upon forms provided by the Community Development Department. The Community Development Department may require additional documentation associated with the application as necessary to enforce the requirements of this article.

(3)

Short-term rental permit application fee. Before any permit under this article is issued, an applicant for a short-term rental permit must pay a short-term rental application fee which has been determined necessary by the Town to offset costs associated with short-term rental regulation. This fee may be reasonably adjusted by the Director of Finance or their designee.

(4)

Compliance with restrictive covenants. If the parcel upon which a short-term rental is proposed falls within the jurisdiction of a homeowners' association or similar covenant-based property owners' association, the requirements of this Section shall be considered minimum requirements. Any such association shall have the right to lawfully adopt more stringent standards for short-term rentals, including the outright prohibition of short-term rentals, for any parcel within the regulatory authority of such association.

(5)

Compliance with state and federal laws. All short-term rentals must comply with applicable state and federal laws.

(6)

Insurance required. It shall be unlawful to operate a short-term rental without fire, hazard and liability insurance coverages, which limits are set by the Town. Proof of insurance will be required prior to issuance of the permit. The Town shall not be held liable.

(7)

Owner or property management information for emergency contact. The owner or property manager shall have access and authority to assume management of the short-term rental, take remedial measures, and to accept service on behalf of the owner. The owner or property manager shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints, issues of concern, and violations related to this article. The owner or property manager must be able to affirmatively respond to complaints within an hour of notification of such complaint. Failure by the owner or property manager to affirmatively respond to a complaint shall be considered a violation of this article.

(e)

Requirements.

(1)

Development standards. All short-term rentals must meet the applicable Town development standards, building, residential and fire codes adopted by the Town. These requirements include, but are not limited to, properly installed and functioning smoke detector(s), carbon monoxide detector(s) and fire extinguisher(s) on the properties.

(2)

The maximum occupancy of a short-term rental unit shall be limited to four (4) people more than twice the number of bedrooms listed in county records. A loft with an egress window or door may be treated as a bedroom. Example: two (2) bedrooms equals two (2) times two (2) plus four (4), or eight (8) people.

(a)

A bedroom is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of the International Residential Code, as adopted, and amended from time to time. Living rooms, family rooms and other similar areas that are so situated and designed as so to clearly indicate these intended uses, shall not be interpreted as bedroom rooms.

(3)

Site plan depicting off-street parking stalls and trash facility locations.

(a)

Parking. The short-term rental shall provide at least one (1) off-street parking space.

(b)

Trash removal. Trash shall be contained in an appropriate manner to prevent litter dispersion to adjacent neighbors.

(4)

Application.

(a)

Proof of property and liability insurance must be provided upon acceptance of application.

(b)

Street side emergency address numbers are displayed in accordance with 911 regulations.

(c)

Smoke alarms and carbon monoxide detectors are in correct working order and that the correct number of devices are installed per the International Residential Code. (Include date of device).

(d)

Working fire extinguishers are located at each cooking area and are in close proximity to each open flame source.

(e)

Trash containers are of sufficient size to accommodate the maximum occupancy allowed and that a collection plan is in place.

(f)

Notification to tenants of noise and parking regulations in accordance with the applicable Code.

(g)

Number bedrooms in the rental unit.

(h)

Number of full bathrooms in the rental unit.

(i)

Number of off-street parking spaces available.

(j)

Property complies with the Code.

(5)

The owner or property manager shall be responsible to provide their contact information to all neighbors adjacent to the short-term rental, including those neighbors on the opposite side of the street. Proof of such shall be provided to the Town within ten (10) days of Community Development approval and/or following any change in information.

(6)

Existing short-term rentals. Existing short-term rentals will be required to submit a formal short-term rental application in conjunction with each new business license application or, if submitting with a business license renewal application, a short-term rental application will be required every two (2) years accompanying the renewal.

(7)

Renewal application. Renewal application and fee payment is required biannually upon notification by the Town. Failure to complete and resubmit the renewal application form to the Town shall be cause for consideration or revocation of approval.

(8)

Change in ownership. Any change in ownership shall require a new application, license, and permit. Business licenses and short-term rental permits are not transferable.

(9)

Inspection and reinspection. Short-term rentals shall be inspected for initial licensure by the Town Building Official and the Windsor Severance Fire Rescue. Subsequent renewal applications shall be inspected by Windsor-Severance Fire Rescue every two (2) years accompanying the renewal every other year to ensure continued compliance with the applicable building and fire codes.

(10)

Advertising. Any advertising shall contain the Town permit number. (Ex.: STR24-001)

(f)

Neighborhood complaints.

(1)

Complaints concerning a short-term rental shall first be directed to the owner or property manager. The owner or property manager shall respond to the complaint, including visiting the site, if necessary, within one (1) hour of notification. Failure to affirmatively respond to a complaint and attempt to resolve such complaint shall be considered a violation of this article.

(2)

The Town may investigate any complaint received, to determine if it is a substantiated complaint that represents a documented violation of any provision(s) of this Article.

(3)

Violations of this article shall be subject to the enforcement provisions set forth herein. If violation(s) are not corrected or if there are repeat offenses, the Town may pursue action as provided for herein.

(4)

If upon review at any time, the Town determines the owner has failed to comply with any of the requirements, performance standards, conditions or restrictions imposed by this article, the Town may take such action as is deemed necessary to remedy the noncompliance, including, but not limited to, suspension or revocation of the approval as set forth in section (g) below.

(g)

Any person who violates a provision of this Article may be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the applicable provisions of this Code. Each day of operation of a short-term rental in violation of this Article shall constitute a separate offense. In addition to the foregoing, the Town shall be entitled to seek all other available relief at law or in equity with regard to any violation of the provisions of this Article, including, but not limited to, injunctive relief.

(h)

The Ordinance from which this section is derived will take effect January 1, 2025, to allow owners of short-term rentals to come into compliance with the provisions of this Section.

(Ord. 2024-1697 §1; Ord. 2025-1719 §2)