To carry out the provisions of this chapter, the Town is divided into zone districts. The purposes of dividing the Town into zone districts are: to recognize that certain areas of the Town are in various stages of development; to preserve the character of certain neighborhoods in the Town; to conserve the value of property; and to establish and encourage appropriate land uses in existing and newly annexed areas of the Town. It is intended that the boundaries of the zone districts shown on the Zoning Map adopted contemporaneously herewith, will not be usually changed unless it is demonstrated that the character of an area has so changed that amending the Zoning Map is in the public interest. The Town is divided into the following districts:

(Code 1994, § 15.03.010; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The location and boundaries of the zone districts established by the ordinance codified herein are shown on the Official Zoning Map of the Town which is incorporated into this chapter. The Zoning Map, together with all data shown thereon and all amendments thereto is, by reference, made a part of this chapter. The zone district map shall be identified by the signature of the Mayor, attested by the Town Clerk, and bearing the seal of the Town and the date of adoption. Changes in the boundary of any zone district shall be made only upon amendment to the ordinance codified herein and shall be recorded on the Zoning Map within 30 days of the effective date of the said amending ordinance with an entry on the Zoning Map giving the number of the amending ordinance and the date with the signature of the Mayor, attested by the Town Clerk. The Zoning Map shall be located in the office of the Town Clerk and in other such places designated by the Board of Trustees of the Town. Copies of the Zoning Map shall be made available to the public for a fee.

(Code 1994, § 15.03.020; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits, section lines, one-quarter section lines, one-half section lines, center lines of major rivers or tributaries, lot lines of platted blocks, centerlines of Town or County roads or highways or right-of-way lines or extensions thereof. For non-subdivided property or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by the scale of the zone district map. Where a zone district boundary coincides with a right-of-way line and the right-of-way is abandoned, the zone district boundary shall then follow the centerline of the former right-of-way. Land not part of a public, railroad, or utility right-of-way which is not indicated as being in any zone district shall be considered to be included in the most restricted adjacent zone district even when such district is separated from the land in question by a public, railroad, or utility right-of-way.

(Code 1994, § 15.03.030; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

All territory annexed to the Town subsequent to the effective date of the ordinance codified herein shall be zoned according to district classifications of this chapter. Such classifications shall be determined by the Town Board of Trustees. The proposed zoning shall be established in accordance with applicable State statutes.

(Code 1994, § 15.03.040; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Conformity to use regulations. Except as hereinafter provided, no building, structure or property shall hereafter be used, and no building or structure shall be erected and no existing building or structure shall be moved, altered or extended nor shall any land, building or structure be used, designed to be used or intended to be used for any purpose or in any manner other than as provided for among the uses hereinafter listed in the district regulations for the district in which such land, building or structure is located. All buildings or structures must comply in all respects with the provisions of the building code adopted by the Town.

(b)

Conformity to setback, bulk, site area and height provisions. Except as hereinafter provided, no building or structure shall be erected nor shall any existing building or structure be moved, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site area, building bulk, building location and height provisions hereinafter provided in the district regulations for the district in which such buildings, structures or open space is located.

(c)

Lot area, yard, frontage, open space, and parking restrictions. Except as hereinafter provided, no lot area, yard, frontage, other open space or parking provided about any building for the purpose of complying with provisions of this chapter shall be considered as providing lot area, yard, frontage, other open space or parking for any other building, and no lot area, yard, frontage, other open space or parking for a building on any other lot.

(Code 1994, § 15.03.050; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

The primary use of a lot is referred to as a principal use which may be a land use or a structure. Only one principal use per lot is allowed in any zone district except for commercial and light industrial zone districts where residential and nonresidential uses and where different nonresidential uses may be allowed in the same building as specified in the zone district provisions. Only one principal building and its customary accessory buildings may be erected on any single lot.

(b)

A structure or land use that is customary, incidental, and accessory to the principal use is referred to as an accessory use. Accessory uses must be located on the same lot as the principal use. A building for a garage or storage, a home occupation, fences, hedges, and walls are permitted accessory uses in any zone district, subject to any limitations listed in this chapter.

(Code 1994, § 15.03.060; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Those uses designated as permitted in the zone district provisions are allowed as a matter of right and without special authorization.

(Code 1994, § 15.03.070; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Intent. Uses designated as special uses are contingent uses, which may or may not be appropriate in a particular location depending on the nature of the proposed use, its relationship to surrounding land uses and its impact on traffic capacities, potential environmental effects, and compatibility with the neighborhood. It is the intent of these regulations to provide a review of special uses so that the community is ensured that any proposed special uses are suitable for the proposed location and are compatible with the surrounding land uses.

(b)

When allowed. Special uses may be permitted in designated zone districts upon approval of the Town Board of Trustees as provided in these regulations.

(c)

Application and review. All applications for special uses will be reviewed according to the procedures set forth in CTC Article 18.24. Application submittal requirements are specified in CTC Article 18.28.

(Code 1994, § 15.03.080; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Intent. Within the zone districts established in this Code there exist structures and uses of land, which were lawfully established before this Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Code, as amended. It is the intent of these regulations to permit such nonconformities to continue until they are removed, but not to allow them to be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.

(b)

Nonconforming uses of land. Where at the time of the passage of these land use regulations, or amendments thereof, lawful uses of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of the ordinance from which this chapter is derived;

(3)

If any such nonconforming use of land ceases for any reason for a period of one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone district in which such land is located; and

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

A nonconforming use shall not be changed to a use of a lower or less restrictive classification, but such nonconforming use may be changed to another use of the same or higher classification as further specified in Subsection (f) of this section.

(c)

Nonconforming structures. Where a lawful structure at the effective date of the adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structures or nonconforming portion of a structure be destroyed by any means and shall not have been repaired or replaced within one year from the date of loss, it shall not be reconstructed except in conformance with the provisions of this chapter.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone district in which it is located after being moved.

(d)

Repairs and maintenance.

(1)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(2)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zone district in which it is located.

(e)

Nonconforming lots of record.

(1)

Where, at the effective date of the adoption of the ordinance from which this chapter is derived or amendments hereto, a lot of record was in separate ownership and cannot meet the minimum requirements for area or width, a single-family dwelling and customary accessory buildings may be erected on any single lot of record provided such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

(2)

The effect of building on contiguously owned nonconforming lots is to combine the lots into a single lot. It may be necessary to combine two or more lots in order to meet the minimum lot size, setbacks and other requirements of zoning. The combining of nonconforming lots to comply with the zoning requirements may be accomplished by affidavit submitted to the Town by the owner of the lots to be combined provided that individual lots are not divided and further provided that the number of lots does not increase. The Board of Trustees must approve the combining of the lots and the affidavit. An amended plat is not required for this purpose provided the nonconforming lots are being combined for purposes of constructing one single-family dwelling unit.

(f)

Priority of use classification. Whenever in this chapter reference is made to a higher (or more restrictive) classification and lower (or less restrictive) classification of uses in providing that a nonconforming use may be converted to a higher but not lower classification, uses shall be considered higher or lower according to the following sequence (highest to lowest); agricultural, residential, public, office, accommodations, commercial, and industrial.

(Code 1994, § 15.03.090; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Uses not listed in a zone district are prohibited except that such uses may be allowed by approval of a special use application pursuant to the provisions of CTC Article 18.24 and CTC Article 18.28, provided:

(a)

Such uses are found to be similar to permitted uses and ought to have been listed when the zone district regulations were adopted; and

(b)

Such uses are allowed only on the property subject to the special use application.

(Code 1994, § 15.03.100; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Special exceptions to the provisions of the zone districts may be granted by the Board of Trustees acting as the Board of Adjustment pursuant to the provisions of CTC Article 18.24. Such special exceptions are known as variances.

(Code 1994, § 15.03.110; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

The Town may, from time to time, amend the number shape or boundaries of any zone district. Such an amendment to a zone district boundary is known as rezoning. Rezoning applications are reviewed pursuant to the provisions of CTC Article 18.24.

(b)

In addition to the review criteria of CTC Article 18.24, the Board of Trustees may consider the following evaluation criteria for the analysis of Rezoning applications:

(1)

The compatibility of the rezoning proposal with the surrounding zone districts and land uses in the vicinity of the site of the rezoning including the characteristics of the existing neighborhood, the applicable area and bulk requirements, and the suitability of the site for development in terms of on-site characteristics;

(2)

The impacts of the rezoning upon expected traffic generation and road safety, availability of on-site and off-site parking and the availability of adequate utility services and street access to the site;

(3)

The impacts of the land uses of the proposed rezoning upon expected environmental quality including air and water quality; and

(4)

The community need for the proposed rezoning and the relationship of the proposed rezoning to the goal of overall community balance.

(Code 1994, § 15.03.120; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Land and building use regulations. In addition to regulations contained elsewhere in this chapter, the use of land and buildings shall be governed by the provisions set forth in these zoning requirements.

(b)

Utilities. Nothing in this chapter shall be construed to prevent construction or installation of underground and aboveground public utility lines, including mains, distribution lines, and related appurtenances in any zone district necessary to provide utility service within the Town. Storage, maintenance facilities and business offices shall be restricted to their appropriate zone district. Telecommunication towers, and utility treatment, processing, distribution and production facilities, including, but not limited to, power generation plants, substations, gas compressor stations and telephone exchange facilities, are a special use in all zone districts. Transmission lines, as defined in CTC 18.04.180, are a special use in all zone districts.

(c)

Frontage. Each lot or parcel in separate ownership shall have at least 25 lineal feet of frontage on a public street. Every building devoted wholly or in part to residential use shall front on a public street.

(d)

Yard requirements.

(1)

On double frontage lots or lots extending from one street to another paralleling street, both streets shall be considered front streets for purposes of calculating front yard setbacks.

(2)

On corner lots, the owner/developer shall determine which yard shall be the rear yard if the definition of a rear yard defines more than one rear yard. On corner lots bordered by two streets, in the Medium—High Density Residential (R-2) Zone District, the common property line between the corner lot and an adjacent lot shall be considered as a side yard for the purposes of determining building setback requirements provided the common lot line is a side yard of the adjoining lot. (See CTC 18.12.180 for setback requirements.)

(3)

On lots bordered on two or more sides by streets, the required front yard setback shall be observed along all streets.

(4)

Where a lot in a business, commercial or industrial zone district shares a common side lot line with a lot in a residential district, the required side yard setback of the residential district shall be observed along the common lot line in the commercial or industrial district.

(5)

Where the side yard of a lot in a business, commercial or industrial district is an extension of the front yard of a lot in an adjacent residential district, a side yard setback equal to one-half the required front yard setback of the residential district shall be observed by the lot in the commercial district.

(6)

For purposes of setback calculations, a two-family dwelling shall be constructed as one building occupying one lot.

(7)

On a vacant lot bordered on two sides by previously constructed buildings, which do not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the two adjacent buildings. Where a vacant lot is bordered on only one side by a previously constructed building which does not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the average front yard setback of the adjacent building and the minimum front yard setback for the district.

(8)

Every part of required yard shall be unobstructed by building from ground level to the sky except for projections of architectural features as follows:

a.

Cornices, sills and ornamental features may project 12 inches into a yard;

b.

Roof eaves may project 18 inches into a yard;

c.

Uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls are not restricted when less than 42 inches above ground level;

d.

Fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard, or four feet into any required front or rear yard;

e.

Solar collection devices and equipment may project 18 inches into a yard.

(e)

Fences, hedges, and walls. All fences, hedges and walls may be permitted in the required yards of any district subject to the following conditions and requirements.

(1)

All fences and walls are subject to the Building Code requirements.

(2)

It shall be the responsibility of the property owner to locate all property lines. No fence, hedge or wall may extend beyond or across a property line unless with the joint agreement of the abutting property owner.

(3)

No fence, hedge, wall or sign shall be placed nearer than 12 inches to any public sidewalk.

(4)

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

(5)

Fences or walls shall not exceed seven feet in height except a higher fence may be required by the Town as a condition of approval of a special use. The height shall be measured at the finished grade on the side nearest the street or abutting property.

(6)

On corner lots, no fence, hedge or wall over 42 inches in height above the elevation of the curb shall be placed in the intersection of a triangular area formed by three points as established by:

a.

The intersection of the property line at the corner;

b.

By measuring 30 feet back from this intersection on each property line and connecting the two ends of the legs to form a triangle.

(7)

At the intersection of a street and alley, no retaining wall or fence over 42 inches in height shall be placed within seven feet of the corner of the lot next to the public right-of-way and the alley.

(8)

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

(f)

Height provisions. The maximum height of buildings shall be measured vertically at the front yard setback line from undisturbed or natural ground level to the top of a flat or mansard roof or to the midpoint between the eave line, ridge line of a gable, gambrel, hip, shed or similar pitched roof; for lots sloping less than one foot vertical in ten feet horizontal away from the established street grade. On lots sloping more than one foot vertically in ten feet horizontally, the vertical height shall parallel the existing grade prior to construction of the building and not exceed the required height at any point of the building from existing grade.

(1)

All heights shall be measured vertically from undisturbed grade. Height limitations of this regulation shall not apply to stacks, vents, antennae (except telecommunications antennae), cooling towers, elevator bulkheads, solar panels, tanks or similar mechanical appurtenances which extend no more than ten feet above the permitted height. The maximum height of monuments, cupolas, domes, towers, spires and similar noninhabitable structural appurtenances for public or semipublic buildings shall be 65 feet.

(2)

Height limitations of this regulation shall not apply to telecommunications antennae. The height of telecommunications facility antennae shall be approved by the Board of Trustees in conjunction with review of a special use permit. The height of telecommunications antennae shall be no taller than is necessary for efficient operation of the antennae based upon sufficient manufacturer's documentation submitted by an applicant and demonstration that structural failure or collapse of the tower will not create a safety hazard to adjoining properties. Such towers shall be constructed to meet or exceed all applicable code requirements including, but not limited to, ANSI/EIA/TIA 222-F and all applicable building codes. All telecommunications facility antennae shall comply with applicable FCC and FAA regulations and shall not be illuminated unless required by FAA regulations.

(g)

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

(1)

All buildings shall be located at least 40 feet from any street right-of-way line;

(2)

Fuel pumps and other appliances shall be located at least 15 feet 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.

(h)

Yard sheds.

(1)

Yard sheds are allowed as uses by right in the R-1, R-2, DTC, GC, LI and P zone districts as accessory uses to the principal use on the lot subject to the following conditions and requirements. Except as required herein, a building permit is not required for the erection of a yard shed that does not exceed 120 square feet. Building permits are required for sheds that exceed 120 square feet.

(2)

All yard sheds are subject to the following:

a.

In the R-1 and R-2 zone districts, yard sheds are structures that shall be used only for the storage of lawn and garden maintenance equipment and supplies and may not be used for human or animal habitation. Only one yard shed is allowed for each principal use (e.g., a residential dwelling).

b.

In the DTC, GC, LI and P zone districts, yard sheds are structures that shall be used only for storage of materials and/or equipment directly related to the principal use on the lot and may not be used for human or animal habitation. Only one yard shed is allowed for each principal use.

c.

Yard sheds may not exceed 155 square feet in total area.

d.

The maximum height of yard shed shall not exceed eight feet measured from the natural grade of the ground to the highest point of the roof or wall whichever is greater.

e.

No hazardous or flammable materials may be stored in a yard shed.

f.

A yard shed may be placed within the rear yard building setback area, provided that the shed is not placed on a permanent foundation and can be moved upon demand of the Town or a utility company if the placement of the yard shed interferes with the intended use of an easement or creates an unsightly or unsafe condition and further provided that no portion of the yard shed including roof eaves is located or extends beyond the property line. In the event a yard shed is to be placed on a utility easement, approval for the placement must be granted by the affected utility company (or the Town for Town facilities). Yard sheds may not be placed in a drainage easement or drainageway. Yard sheds placed within the building setback area must be screened from the view of adjacent streets and adjacent property. Yard sheds shall conform to all other applicable zone district requirements in which they are located.

(i)

Landscaping.

(1)

Landscaping in GC zone district. All required yards abutting a street for lots in the GC zone district must be landscaped for an average of five feet within the area closest to the street.

(2)

Landscaping in LI zone district. All required yards abutting a street for lots in the LI zone district must be landscaped for an average of five feet within the area closest to the street.

(j)

Driveways. All driveways, parking areas and site circulation routes shall be paved in conformance with the standards in the Town Public Works Manual. All driveways and access points shall be situated at approximately right angles to the street. A driveway for parking may bisect the front yard. No parking shall be allowed on required landscaped areas.

(k)

State Highway 330 setback. A required setback from State Highway 330 shall be a minimum of 25 feet from the edge of right-of-way of the nearest traffic lane. The setback area must be effectively landscaped in conformance with all applicable sections of this Code, screen outside storage areas and present the impression of low intensity land use. The landscaping shall be maintained in a green and growing condition and shall be approved as part of an annexation, the building permit application or subdivision approvals.

(l)

Landscaping in R-1 and R-2 zone district. Parking areas for multifamily dwellings shall be landscaped in accordance with the provisions of CTC Article 18.32.

(m)

Screening and outside storage. All outside storage areas shall be screened with a 100 percent opaque fence with a minimum height of seven feet to screen storage from view when observed from the centerline of all adjoining street rights-of-way. All stored, piled or stacked materials shall be configured to ensure adequate screening by the opaque fence and equipment shall be stored in the lowest operating position. All screening fences shall be maintained in a good and safe condition. All fences with structural support members on one side shall be constructed with structural support members facing to the interior of the property.

(n)

Animal sheltering. The Board of Trustees may authorize the sheltering of limited numbers of a specified type of livestock in any zone district subject to the following limitations:

(1)

The property owner shall submit a written application to keep livestock. At a minimum, the application shall indicate:

a.

Specific type of livestock;

b.

Specific number of livestock;

c.

Lot or parcel acreage; and

d.

A site plan indicating the location and type of fencing.

(2)

A petition signed by the neighbors of adjoining properties indicating their approval or disapproval of the application to keep livestock.

(3)

The number of livestock shall be limited to one animal unit (au), or proportionate share of, per acre, or proportionate share of, for properties smaller than or equal to one acre. One additional (au) per acre shall be allowed for each acre over two acres. An (au) is the equivalent of a 1,000-pound animal:

a.

One cow/horse = 1.0 au.

b.

One goat/pig (under 80 pounds) = 0.1 au.

c.

One goat/pig (over 80 pounds) = 0.2 au.

d.

One chicken = 0.02 au.

e.

One fowl = 0.03 au.

f.

One rabbit = 0.02 au.

For any livestock not specifically listed above, the Town Manager, Town Staff, Town Attorney, or any planning consultant engaged by the Town may determine the appropriate allowable ratio based on the average weight of the proposed livestock.

(4)

The application will be reviewed for compliance with animal units, and neighbor acknowledgement and support of the application. If animal unit criteria are met and all neighbors are in support of the application, Town Staff shall issue a permit. In the event all neighbors are not in support of the application, a meeting with the Board of Trustees shall be scheduled and the Board of Trustees shall approve or deny the application at a public meeting.

(5)

A permit may be revoked without notice and without cause and the property owner gains no vested rights through such permit.

(Code 1994, § 15.03.130; Ord. No. 1 (Series 2011), § 2, 3-1-2011; Ord. No. 6 (Series 2018), § 2, 10-2-2018; Ord. No. 3 (Series 2019), § 2, 1-8-2019; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Home occupations allowed by right. The following home occupations may be permitted in any residence subject to the criteria specified in Subsection (c) of this section.

(1)

Office for the conduct of a business or profession.

(2)

Artist or craft studio.

(3)

Clothing alterations.

(b)

Home occupations permitted as special uses. Home occupations other than those uses specified in Subsection (a) of this section may be permitted if approved as a special use provided the home occupation use is permitted as either a use by right or a special use in the zone district in which the residence (home) is located.

(c)

A home occupation may be placed in any zone as a use by right or as a special use, as specified this section, provided the following standards are satisfied:

(1)

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

(2)

No more than 30 percent of the floor area of the dwelling is used for the business or home occupation.

(3)

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.

(4)

A minimum of one additional off-street parking space shall be provided on site for the home occupation, but more may be required by the Town as necessary.

(5)

The property must maintain a non-business appearance at all times.

(6)

No sign may exceed three square feet.

(7)

The home occupation can be shown not to be a nuisance to surrounding properties due to noise, odor or increased traffic. If a home occupation is lawfully established and a nuisance resulting from the home occupation is determined to exist after the establishment of the home occupation, the Town Board of Trustees shall allow the owners 120 days in which to correct the nuisance, relocate the use, or terminate use of the property for the home occupation.

(Code 1994, § 15.03.140; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

All service, fabrication and repair operations shall be conducted within a building or for service, fabrication and repair operations that are too large to be conducted within a building, within a screened enclosure that blocks the view of those activities from adjacent properties and adjacent public rights of way.

(b)

All outdoor storage of materials and trash receptacles, other than public receptacles, shall be enclosed by a solid opaque fence and/or screened by landscaping.

(c)

All applicable environmental standards of the County, the Town, the State or the United States government shall be complied with at all times.

(d)

All business, commercial and industrial facilities adjacent to residential uses shall be screened from the residential use with landscaping and opaque fencing of a minimum height of seven feet subject to review and approval of the Town Board of Trustees.

(Code 1994, § 15.03.150; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The use of land and the subdivision or other development of land in the Town shall comply with the provisions of the Colorado Common Interest Ownership Act, which is contained in C.R.S. Title 38, Art. 33.3 (C.R.S. § 38-33.3-101 et seq.).

(Code 1994, § 15.03.160; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

(R-1) Low Medium Density Residential Zone District. The low medium density residential zone district is intended to provide areas for lower density lots away from the Town core.

(b)

(R-2) Medium High Density Residential Zone District. The medium high density residential zone district is primarily a residential district intended to accommodate a mix of residential housing types, including higher densities of single-family housing, townhouses and apartment units. Few nonresidential uses are permitted in the medium high density residential zone district.

(c)

(DTC) Downtown Commercial District.

(1)

Description. The downtown commercial district is intended to provide community center and tourist commercial uses in the traditional commercial center of the Town. The DTC District offers opportunities for attractive street and pedestrian areas designed to attract visitors from the highway oriented areas. The DTC District also provides a unique office setting for smaller establishments and mixed uses that include residential or office uses in the same structure as ground floor businesses.

(2)

Limitations. Outside storage shall be permitted only in conjunction with another use permitted in the downtown commercial (DTC) zone district. All outside storage and private trash and refuse disposal facilities must be screened from view from adjacent streets and adjacent property.

(d)

(GC) General Commercial Zone District.

(1)

Description. The general commercial zone district is intended to provide areas for larger scale retail, wholesale and service commercial uses located away from residential uses. Properties in this District are highly visible from major thoroughfares and particular care needs to be taken with building design, building exterior treatments, parking areas, lighting, signage and landscaping to ensure an attractive appearance of all properties in this district. Exterior signage shall be based on a comprehensive signage plan for the site that meets all applicable sign standards, building codes adopted by the Town and, as relevant, sign standards adopted by the State Department of Transportation (CDOT). A signage plan shall be submitted detailing the design, size, placement, location, construction and lighting subject to review and approval by the Town.

(2)

Limitations.

a.

Outside storage shall be permitted only in conjunction with another use permitted in the General Commercial (GC) Zone District. All outside storage and private trash and refuse disposal facilities must be screened from view from adjacent streets and adjacent property.

b.

Parking lots shall include perimeter landscaping and landscaped islands/medians to break up large paved areas. Areas outside of buildings shall also be landscaped. A landscaping plan that conforms to all of the applicable sections of this Code shall be submitted for review and approval by the Town.

c.

All exterior lighting shall be designed and installed to eliminate glare, lighting trespass on adjacent properties and excessive illumination levels. All exterior light fixtures shall be full cut off, downcast and shall be "dark sky compliant." An exterior lighting plan that conforms to all of the applicable sections of this Code shall be submitted for review and approval by the Town.

(e)

(P) Public Zone District.

(1)

Description. The Public (P) Zone District is intended to provide for the use of land on property owned by the Town and other public entities.

(2)

Limitations. Outside storage shall be permitted only in conjunction with another use permitted in the Public (P) Zone District. All outside storage must be screened from adjacent streets and adjacent property.

(f)

(LI) Light Industrial Zone District.

(1)

Description. The Industrial (LI) Zone District is intended to provide areas for light and general industrial businesses, and locations where conflicts with residential, commercial and other land uses are minimized. Uses in the Light Industrial (LI) Zone District are further governed by the land use regulations provisions described in CTC 18.12.150.

(2)

Limitations.

a.

All exterior lighting shall be designed and installed to eliminate glare, lighting trespass on adjacent properties and excessive illumination levels. All exterior light fixtures shall be full cut off, downcast and shall be "dark sky compliant." An exterior lighting plan that conforms to all of the applicable sections of this Code shall be submitted for review and approval by the Town.

b.

Storage of any materials, equipment, vehicles, etc. shall be enclosed or screened as required by Town standards.

(Code 1994, § 15.03.170; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

P = Permitted as a use by right

S = Special use

■ = Not permitted

(Code 1994, § 15.03.180; Ord. No. 02 (Series 2009); Ord. No. 4 (Series 2019), § 3, 5-7-2019; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Note: Also subject to the provisions of CTC 18.12.130.

(Code 1994, § 15.03.200; Adopted by Ord. 02 Series of 2023 on 12/5/2023)