Chapter 17.78
DEVELOPMENT ON NONCONFORMING LOTS

Sections:

17.78.010    Purpose.

17.78.020    Applicability.

17.78.030    Design review required.

17.78.040    Zero lot line developments.

17.78.050    Cottage housing.

17.78.010 Purpose.

The purpose of this chapter is to provide development regulations specific to legally created lots that no longer meet the dimensional standards and requirements of Castle Rock Municipal Code. [Ord. 2024-03 § 5 (Exh. E), 2024].

17.78.020 Applicability.

The provisions of this chapter apply to nonconforming lots within the R-1 low density residential and R-2 high density residential zoning districts in Castle Rock. [Ord. 2024-03 § 5 (Exh. E), 2024].

17.78.030 Design review required.

A. Nonconforming lots shall comply with the nonconforming lots design guidelines. Design review approval shall be obtained prior to issuing a building permit for the project.

B. Exceptions.

1. Lots under common ownership that are consolidated pursuant to Chapter 16.34 CRMC do not require design review. Consolidation that does not achieve full compliance with one or more dimensional requirements in the underlying zone is exempt from design review.

2. Lots that are developed consistent with zero lot line dwellings regulations in this chapter shall comply with the following nonconforming lots design guidelines: site planning section 2.

3. Lots that are developed consistent with the cottage housing regulations in this chapter shall comply with the following nonconforming lots design guidelines: site planning section 3. [Ord. 2024-03 § 5 (Exh. E), 2024].

17.78.040 Zero lot line developments.

Zero lot line developments allow for elimination of side yard requirements from the common lot line between two or more adjoining lots. This method of development is allowed when at least two nonconforming lots are contiguous to one another and are involved in the development.

A. Requirements.

1. Each dwelling shall be located on its own lot.

2. A minimum of two and a maximum of four contiguous lots can be developed as a single zero lot line project. Zero lot line developments may be located adjacent to each other.

3. The interior side yard setback between nonconforming contiguous lots may be reduced to zero. Other side yards, front yards, and rear yards shall not be reduced unless otherwise authorized in the Castle Rock Municipal Code.

4. Side yards shall not be reduced adjacent to a public or private street or adjacent to lots that are not part of the zero lot line development. Corner lots shall observe the minimum yard setback requirements on both street frontages.

5. Each dwelling shall have a minimum of one off-street parking space.

B. Design Guidelines and Design Review Required. Zero lot line development projects shall comply with applicable sections of the nonconforming lots design guidelines, including site planning and building design sections and all design guidelines for zero lot line development. Design review approval shall be obtained prior to issuing a building permit for the project. [Ord. 2024-03 § 5 (Exh. E), 2024].

17.78.050 Cottage housing.

Cottage housing is a cluster of small detached single-family dwelling units around a common open space. Cottage housing may allow for higher residential density than is normally allowed in the underlying zoning district. The increased density is possible through the use of smaller than average home sizes and site design standards.

A. General Requirements.

1. Cottage housing is permitted in minimum clusters of two or more dwellings, with no more than one dwelling per 2,500 square feet.

2. Cottage housing is for residential use only and may not be operated as short-term rentals or transient accommodations.

3. Cottage housing is authorized through the design review process and shall comply with the nonconforming lots design guidelines.

B. Density and Dimensions. The following density and dimensional standards apply in lieu of the standards in the underlying zoning district.

 

Density

No more than one dwelling per 2,500 square feet.

Minimum Front Setback

10 feet

Minimum Side Setback

5 feet

Minimum Rear Setback

10 feet

Maximum Building Coverage

40 percent

Maximum Building Height    

35 feet

C. Open Space.

1. Common open space shall be provided as follows:

a. Three hundred square feet of common open space is required per unit. This can be reduced to 200 square feet per unit if a permanent recreation/communal feature is provided. Recreation/communal features shall provide opportunities for community gathering. Examples of acceptable recreation/communal features include but are not limited to cooking facilities, play equipment, or permanent outdoor gathering spaces with furnishings.

b. Common open space shall be in a centrally located area and be accessible to all dwellings within the development with a direct pedestrian connection.

c. Fences may not be located within required common open space areas.

2. Private open space shall be provided as follows:

a. Sixty square feet of private open space is required per unit.

b. Private open space may be designed as a garden, patio, or similar feature and shall include fencing or similar visual barrier.

c. Private open space may be adjacent to common open spaces. Access must be provided between private and common open spaces.

D. Parking.

1. One off-street parking space per unit is required.

2. A single access can be used to access a shared parking area.

E. Building and Site Design Standards.

1. Each unit shall be a maximum of 1,200 square feet.

2. Each dwelling unit shall have a primary entry or covered porch oriented to the common open space. This entry or porch may count toward the private open space requirement in subsection (C)(2) of this section.

3. Accessory buildings shall follow the minimum requirements of the R-2 zoning district.

F. Design Guidelines and Design Review Required. Cottage housing development projects shall comply with applicable sections of the nonconforming lots design guidelines, including site planning and building design sections and all design guidelines for cottage housing development. Design review approval shall be obtained prior to issuing a building permit for the project. [Ord. 2024-03 § 5 (Exh. E), 2024].