The purpose for which this District is created is to provide areas for the establishment of (a) tourist-oriented lodging accommodations and accessory uses and museums, and (b) residential units as long term rentals. Careful attention shall be accorded the scale at which such facilities and uses are built.

(Prior code 15-2-9; Ord. 21 §2, 2008; Ord. No. 25, § 1, 2013)

Permitted uses for the "T" District are: hotels, lodges, motels and resorts.

(Prior code 15-2-9; Ord. 4 §2, 1991; Ord. 3 §12, 1994; Ord. 4 §1, 2009)

The following uses shall be permitted as conditional uses in the "T" District:

(1)

Residential units; provided, however, that such uses shall not exceed fifty percent (50%) of the total floor area of any buildings. Such residential unit may only be used as a long-term rental unit or, under the circumstances set forth herein, as an owner-occupied unit. In the event that a conditional use for a residential unit is granted, that use may not in the future revert to any other use. The unit thereafter shall be restricted to such use. In the event that an owner of a unit, for which a conditional use for a residential unit is granted, owns and uses for his or her own use another nonresidential unit as a permitted use or an approved conditional use within the same building, the owner may occupy the residential unit. Only an owner conducting business himself or herself in his or her nonresidential unit may occupy his or her residential unit. Leasing the nonresidential unit to another person or entity for their use is not considered using for his or her own use or conducting business himself or herself under this Subsection.

(2)

Residential units up to one hundred percent (100%) of the total floor area of any multifamily building where such units are deed restricted to long term rental housing that serve households that earn eighty percent (80%) or less of the Area Median Income (AMI).

(3)

Clubs.

(4)

Restaurants, cocktail lounges or other places serving food and/or alcoholic beverages, excluding drive-in eating places that serve customers in their automobiles or vehicles; provided, however, that such use must be incidental to a hotel, lodge, motel or resort.

(5)

Nurseries and greenhouses.

(6)

Dormitories.

(7)

Insurance and real estate offices.

(8)

Funeral parlors and mortuaries.

(9)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, arts supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, liquor stores, furniture, gifts, hardware, hobby shops, photo shops, sporting goods, stationery and variety stores.

(10)

Office uses.

(11)

Financial institutions.

(12)

Personal services establishments.

(13)

Medical and dental clinics.

(14)

Open use recreation sites, recreation clubs, theatres, assembly halls, schools, churches, hospitals, public buildings and governmental offices.

(15)

Shop crafts.

(16)

Rental, repair and wholesaling facilities in conjunction with any of the above uses, provided that all such activity is clearly incidental and accessory to the permitted use and conducted within a building.

(17)

Short-term residential accommodations.

(18)

Hotels or lodges.

(19)

Motels.

(20)

Resorts.

(21)

Condo hotels.

(22)

Newspaper publishing offices.

(23)

Parking areas.

(24)

Museums.

(25)

Formula motel and hotel businesses.

(26)

Formula restaurant businesses.

(27)

Employee dwellings.

(28)

Congregate housing for the purposes of affordable or workforce housing.

(Prior code 15-2-9; Ord. 5 §1, 1990; Ord. 4 §2, 1991; Ord. 3 §§1—7, 12, 23, 1994; Ord. 2, §1, 2003; Ord. 17 §§6, 7, 2007; Ord. 8 §2, 2008; Ord. 21 §2, 2008; Ord. 4 §1, 2009; Ord. No. 25, § 2, 2013; Ord. No. 30, § 2a, 1-7-2019; Ord. 13, § 2, 2021; Ord. No. 21, § 2, 10-18-21)

The following shall be lot measurements for property located in the "T" District:

(1)

Minimum lot area: five thousand (5,000) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: fifty (50) feet.

(4)

Minimum front yard: none.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings, and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard: fifteen (15) feet.

(Prior code 15-2-9; Ord. 4 §1, 2009)

The following shall regulate measurements for floor areas located in the "T" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit.

(2)

Maximum floor area ratio: 0.66 as a matter of right; provided, however, that the Board in its discretion may allow a maximum floor area ratio of up to 1.0 depending upon the provision of site amenities.

(Prior code 15-2-9; Ord. 4 §1, 2009)

The following shall regulate measurements for buildings located in the "T" District:

(1)

Maximum building height: thirty-five (35) feet.

(2)

Minimum exterior wall height: seven (7) feet.

(Prior code 15-2-9; Ord. 4 §6, 1990; Ord. 4 §13, 1991; Ord. 11 §1, 1992; Ord. 4 §1, 2009)

(a)

Open space required: twenty-five percent (25%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(c)

Slope of roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(Prior code 15-2-9; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

The purpose for which this District is created is to allow the use of land for retail, service, commercial, recreational and institutional purposes, with customary accessory uses, in order to enhance the business and service character in the central core of Town. Sales tax-generating uses are encouraged. Accommodations and residential uses are limited to accessory status, except that service housing is encouraged as part of a business structure, and historical residential uses may be maintained under certain circumstances.

(Ord. 6 §1, 2009)

The following uses shall be permitted in the "B1" District:

(1)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, art supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, furniture, gifts, hardware, hobby shops, photo shops, sporting goods, stationery and variety stores.

(2)

Office uses, except for in buildings that front onto Elk Avenue, in which case office uses are prohibited in such buildings on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line upon which such use is located.

(3)

Financial institutions (excluding automatic teller machines, which are permitted on any building level), except for in buildings that front onto Elk Avenue, in which case financial institutions are prohibited in such buildings on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line upon which such use is located.

(4)

Medical and dental offices and clinics, except for in buildings that front onto Elk Avenue, in which case medical and dental offices and clinics are prohibited in such buildings on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line upon which such use is located.

(5)

Personal services establishments.

(6)

Open use recreation sites, recreation clubs, theaters, assembly halls, schools, churches, hospitals, public buildings and governmental offices.

(7)

Shop crafts.

(8)

Rental, repair and wholesaling facilities in conjunction with any of the above uses, provided that all such activity is clearly incidental and accessory to the permitted use and conducted within a building.

(9)

Museums.

(Prior code 15-2-10; Ord. 7 §1, 1997; Ord. 20 §1, 2000; Ord. 10 §1, 2002; Ord. 2 §4, 2003; Ord. 17 §9, 2007; Ord. 3 §2, 2009; Ord. 4 §1, 2009)

The following uses shall be permitted as conditional uses in the "B1" District:

(1)

Newspaper publishing businesses, except for in buildings that front onto Elk Avenue, in which case newspaper publishing businesses are prohibited in such buildings on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line upon which such use is located.

(2)

Residential units comprising up to one-half (½) of the total floor area of any building. Residential units located in historic buildings existing prior to May 15, 1994, shall not be limited by the above size restrictions. Such residential unit may only be used as a long-term rental or, under the circumstances set forth herein, as an owner-occupied unit. In the event that a conditional use for a residential unit is granted, that use may not in the future revert to any other use. The unit thereafter shall be restricted to such use. Residential units are prohibited in buildings that front onto Elk Avenue on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line of the property upon which such use is located. However, residential uses in place in buildings that front onto Elk Avenue as of July 9, 2007, may revert to such use regardless of subsequent changes in use or building level. In the event that the owner of a unit, for which a conditional use for a residential unit is granted, owns and uses for his or her own use another nonresidential unit as a permitted use or an approved conditional use within the same building, the owner may occupy the residential unit. Only owners conducting business themselves in their nonresidential unit may occupy their residential unit. Leasing the nonresidential unit to another person or entity for his or her use is not considered using for his or her own use or conducting business himself or herself under this Section.

(3)

Residential units that: (i) are historical buildings; (ii) have historically been used as primary, single-family residences; (iii) are located on parcels of no more than four thousand eight hundred fifty (4,850) square feet; and (iv) have a F.A.R. for the primary structure of no greater than .85, notwithstanding the requirements of Paragraph (2) above. The conditional use permit granted for such residential unit shall be conditioned upon the recording of a restrictive covenant in the official real property records of the County encumbering the affected property that shall restrict the F.A.R. for said primary structure in perpetuity to .85.

(4)

Hotels, lodges, motels and resorts.

(5)

Clubs.

(6)

Noncommercial nurseries and greenhouses.

(7)

Fraternities and sororities.

(8)

Funeral parlors and mortuaries.

(9)

Parking areas.

(10)

Restaurants, cocktail lounges or other places serving food and/or alcoholic beverages, excluding drive-in eating places that serve customers in their automobiles or vehicles.

(11)

Accessory buildings, nonresidential use, heated.

(12)

Accessory buildings, nonresidential use, not heated or plumbed.

(13)

Micro-distillery.

(14)

Employee dwellings.

(Prior code 15-2-10; Ord. 4 §2, 1991; Ord. 3 §§13, 23, 26, 1994; Ord. 20 §2, 2000; Ord. 15 §§1, 2, 2003; Ord. 17 §§10, 11, 2007; Ord. 3 §§3, 4, 2009; Ord. 4 §1, 2009; Ord. 6 §2, 2009; Ord. 9 §1, 2011; Ord. 13, § 2, 2021; Ord. No. 2, § 3(Exh. A), 3-6-2023)

The following shall be lot measurements for property located in the "B1" District:

(1)

Minimum lot area: one thousand two hundred fifty (1,250) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: twelve and one-half (12½) feet.

(4)

Minimum front yard: none.

(5)

Minimum side yard: from none to as much as seven and one-half (7½) feet for flat-roof buildings and from seven and one-half (7½) feet to as much as eleven and one-half (11½) feet for sloped-roof buildings, dependent upon snow storage guidelines and proximity of adjacent structures, as determined by the Board. Any setback between zero (0) feet and seven and one-half (7½) feet must meet the criteria required for approval of a nonconforming aspect as set forth in Section 16-19-90 of this Chapter; provided, however, that, before allowing less than a three-foot setback on a side lot line where the abutting owner's sloped roof building is within four and one-half (4½) feet of the lot line and sheds snow toward the lot line, the proponent must present the Board with an agreement allowing the desired side yard setback properly executed by all affected property owners, as determined by the Board, which agreement shall run with the land and be recorded in the real property records of the County.

(6)

Minimum rear yard: all buildings, ten (10) feet.

(Prior code 15-2-10; Ord. 4 §15, 1991; Ord. 22 §6, 1992; Ord. 3 §25, 1994; Ord. 4 §1, 2009)

The following shall regulate measurements for floor areas located in the "B1" District:

(1)

Minimum floor area:

a.

Four hundred (400) square feet for each residential unit.

b.

Two hundred fifty (250) square feet for each structure.

(2)

Maximum floor area ratio:

a.

For a lot area not exceeding three thousand one hundred twenty-five (3,125) square feet, 1.55 as matter of right if a Dumpster space is provided on site or is otherwise provided. F.A.R. may be as high as 1.74 if that part of the building creating a F.A.R. in excess of 1.55 is used exclusively for residential units and adequate parking for the residential units is provided on site, in addition to an on-site or otherwise approved Dumpster space. Residential parking shall not be required for any residential building or portion thereof constructed prior to May 26, 1990, which continues to be used as a residence.

b.

For a lot area of more than three thousand one hundred twenty-five (3,125) square feet but not exceeding six thousand two hundred fifty (6,250) square feet, 1.25 as matter of right up to 1.55, dependent upon provision of site amenities. F.A.R. may be as high as 1.87 if that part of the building creating a F.A.R. in excess of 1.55 is used exclusively for residential units and adequate parking for the residential units is provided on site, in addition to an on-site or otherwise approved Dumpster space. Residential parking shall not be required for any residential building or portion thereof constructed prior to May 26, 1990, which continues to be used as a residence.

c.

For a lot area of more than six thousand two hundred fifty (6,250) square feet, 1.0 as matter of right up to 1.55, dependent upon provision of site amenities. F.A.R. may be as high as 1.9 if that part of the building creating a F.A.R. in excess of 1.55 is used exclusively for residential units and adequate parking for the residential units is provided on site, in addition to an on-site or otherwise approved Dumpster space. Residential parking shall not be required for any residential building or portion thereof constructed prior to May 26, 1990, which continues to be used as a residence.

(3)

Maximum floor area: accessory building, one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(Prior code 15-2-10; Ord. 4 §15, 1991; Ord. 22 §6, 1992; Ord. 3 §25, 1994; Ord. 4 §1, 2009)

(a)

Maximum building height shall be thirty-five (35) feet.

(b)

No open space is required.

(c)

Minimum exterior wall height shall be seven (7) feet.

(d)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(e)

Slope of roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(f)

Stream margin review: All uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(Prior code 15-2-10; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

The purpose for which this District is created is to provide for orderly business development along Highway 135 and the Ski Area Road, and to do so in a way compatible with safe traffic flow and the aesthetics of the Town.

(Prior code 15-2-11)

The following uses shall be permitted in the "B2" District:

(1)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, art supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, furniture, gifts, hardware, hobby shops, photo shops, sporting goods, stationery and variety stores.

(2)

Office uses.

(3)

Financial institutions.

(4)

Personal services establishments.

(5)

Medical and dental clinics.

(6)

Shop crafts.

(7)

Rental, repair and wholesaling facilities in conjunction with any of the above uses, provided that all such activity is clearly incidental and accessory to the permitted use and conducted within a building.

(8)

Newspaper publishing offices.

(Prior code 15-2-11; Ord. 4 §2, 1991; Ord. 20 §3, 2000; Ord. 2 §5, 2003; Ord. 17 §12, 2007; Ord. 4 §1, 2009)

The following uses shall be permitted as conditional uses in the "B2" District:

(1)

Printing offices.

(2)

Residential units comprising up to one-half (½) of the total floor area of any building. Such residential unit may only be used as a long-term rental unit or, under the circumstances set forth herein, as an owner-occupied unit. In the event that a conditional use for a residential unit is granted, that use may not in the future revert to any other use. The unit thereafter shall be restricted to such use. In the event that an owner of a unit, for which a conditional use for a residential unit is granted, owns and uses for his or her own use another nonresidential unit as a permitted use or an approved conditional use within the same building, the owner may occupy the residential unit. Only an owner conducting business himself or herself in his or her nonresidential unit may occupy his or her residential unit. Leasing the nonresidential unit to another person for his or her use is not considered using for his or her own use or conducting business himself or herself under this Section.

Notwithstanding the foregoing, owner-occupied units may be allowed if they are deed-restricted to resident-occupied affordable housing units as defined in this Land Use Code.

(3)

Hotels, lodges, motels and resorts.

(4)

Clubs.

(5)

Noncommercial nurseries and greenhouses.

(6)

Fraternities and sororities.

(7)

Funeral parlors and mortuaries.

(8)

Motor vehicle, snowmobiles and recreational vehicle leasing and rentals, provided that the following requirements are met:

a.

The property upon which such activity is conducted shall be contiguous to Colorado Highway 135 or the Gothic County Road.

b.

No more than two (2) of the permittee's motor vehicles, two (2) of the permittee's snowmobiles or two (2) of the permittee's recreational vehicles shall be parked on the premises at any time, but no combination of more than two (2) of the above.

c.

No vehicle repairs or maintenance of any kind shall be performed upon the premises.

d.

Recreational vehicle means a self-propelled wheeled vehicle primarily designed to be operated for recreational purposes on roads and highways for which registration as a motor vehicle is required or permitted under state law.

e.

The size, weight and type of vehicle to be parked on the premises shall be considered in issuing any permit for a conditional use pursuant to this Code. The standard of review shall be based on the appropriateness of the vehicle to the premises and adjoining uses.

(9)

The auto-related uses of fueling and vehicle washing which are provided as a service incidental to a retail store, provided that the following conditions are met:

a.

The minimum lot area shall be fifteen thousand six hundred twenty-five (15,625) square feet.

b.

The same conditional use has not been granted for other property located within five hundred (500) feet of the parcel (property) for which the conditional use permit is sought.

c.

The fuel-dispensing units accommodate no more than eight (8) vehicles at any given time.

d.

The lot for which the permit is sought shall access directly onto both Highway 135/Ski Area Road and a Town street.

(10)

Open space recreation sites, recreation clubs, theatres, assembly halls, schools, churches, hospitals, public buildings and governmental offices. Such uses may be allowed conditionally, provided that the required off-street parking is provided.

(11)

Parking areas.

(12)

Restaurants, cocktail lounges or other places serving food and/or alcoholic beverages, excluding drive-in eating places that serve customers in their automobiles or vehicles.

(13)

Short-term residential accommodations.

(14)

Condo hotels.

(15)

Micro-distillery.

(16)

Retail marijuana store.

(17)

Medical marijuana center.

(18)

Employee dwellings.

(Prior code 15-2-11; Ord. 4 §2, 1991; Ord. 13 §6, 1991; Ord. 23 §1, 1992; Ord. 3 §§23, 30, 1994; Ord. 20 §4, 2000; Ord. 2 §6, 2003; Ord. 1 §6, 2008; Ord. 8 §3, 2008; Ord. 4 §1, 2009; Ord. 19 §1, 2010; Ord. 9 §2, 2011; Ord. 19 §3, 2013; Ord. 13, § 2, 2021)

The following shall be lot measurements for property located in the "B2" District:

(1)

Minimum lot area: six thousand two hundred fifty (6,250) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: twenty-five (25) feet.

(4)

Minimum front yard: five (5) feet.

(5)

Minimum side yard: seven and one-half (7½) feet for flat-roof buildings and from seven and one-half (7½) feet to as much as eleven and one-half (11½) feet for sloped-roof buildings, dependent upon snow storage requirements and guidelines and the proximity of adjacent structures as determined by the Board. However, in Block 25, the setback shall be from zero (0) to as much as seven and one-half (7½) feet for flat-roof buildings if it meets the criteria required for a conditional waiver of a nonconforming aspect, as set forth in Section 16-19-80 of this Chapter. In addition, before allowing less than a three-foot setback on a side lot line where the abutting owner's sloped-roof building is within four and one-half (4½) feet of the lot line and sheds snow toward the lot line, the proponent must present the Board with an agreement allowing the desired side yard setback properly executed by all affected property owners, as determined by the Board, which agreement shall run with the land and be recorded in the real property records of the County.

(6)

Minimum rear yard: fifteen (15) feet.

(Prior code 15-2-11; Ord. 23 §§2— 4, 1992; Ord. 5 §12, 1995; Ord. 17 §1, 1995; Ord. 21, 1995; Ord. 4 §1, 2009)

The following shall regulate measurements for floor areas located in the "B2" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit.

(2)

Maximum floor area ratio: 0.5 as a matter of right; provided, however, that the Board in its discretion may allow a maximum floor area ratio of up to 0.64 depending upon the provision of site amenities, an appropriate trash storage/Dumpster location and access thereto, and adequate snow storage. Notwithstanding the foregoing, an additional 0.36 may be added to the floor area ratio as an underground parking credit, provided that the provisions of Article 16 of this Chapter are met.

(Prior code 15-2-11; Ord. 4 §6, 1990; Ord. 4 §13, 1991; Ord. 11 §2, 1992; Ord. 23 §5, 1992; Ord. 1 §4, 2008; Ord. 4 §1, 2009)

The following shall regulate measurements for buildings located in the "B2" District:

(1)

Maximum building height: thirty-five (35) feet.

(2)

Minimum exterior wall height: seven (7) feet.

(3)

Minimum vertical distance from eave line of roof to the finished grade level: six (6) feet.

(4)

Slope of roof: a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(Prior code 15-2-11; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

The purpose for which this District is created is to encourage the preservation of the historic and architecturally interesting structures found in this District, by allowing them to remain in residential use, or by converting them to business uses as long as essentially the same structures are retained.

(Prior code 15-2-12)

The following uses shall be permitted in the "B3" District:

(1)

One-family dwelling units; or a residential unit in combination with any of the other permitted or conditional uses in this Division.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal uses.

(5)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, art supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, furniture, gifts, hardware, hobby shops, photo shops, sporting goods, stationery and variety stores.

(6)

Office uses, except for in buildings that front onto Elk Avenue, in which case office uses are prohibited in such buildings on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line upon which such use is located.

(7)

Financial institutions (excluding automatic teller machines, which are permitted on any building level), except for in buildings that front onto Elk Avenue, in which case financial institutions are prohibited in such buildings on the ground floor. The prohibition against such uses on the ground floor fronting Elk Avenue (if the ground floor level has display windows fronting Elk Avenue) shall not apply to spaces set back more than forty (40) feet from the Elk Avenue property line upon which such use is located.

(8)

Personal services establishments.

(9)

Medical and dental clinics.

(10)

Open use recreation sites, recreation clubs, theaters, assembly halls, schools, churches, hospitals, public buildings and governmental offices.

(11)

Shop crafts.

(12)

Newspaper publishing businesses.

(13)

Rental, repair and wholesaling facilities in conjunction with any of the above uses, provided that all such activity is clearly incidental and accessory to the permitted use and conducted within a building.

(14)

Motor vehicles, snowmobiles and recreational vehicle leasing and rentals, provided that the following requirements are met:

a.

The property upon which such activity is conducted shall be contiguous to Colorado Highway 135 or the Gothic County Road.

b.

No more than two (2) of the permittee's motor vehicles, two (2) of the permittee's snowmobiles or two (2) of the permittee's recreational vehicles shall be parked on the premises at any time, but no combination of more than two (2) of the above.

c.

No vehicle repairs or maintenance of any kind shall be performed upon the premises.

d.

Recreational vehicle means a self-propelled wheeled vehicle primarily designed to be operated for recreational purposes on the roads and highways, for which registration as a motor vehicle is required or permitted under state law.

e.

The size, weight and type of vehicle to be parked on the premises shall be considered in issuing any permit for a conditional use pursuant to this Chapter. The standard for review shall be based on the appropriateness of the vehicle to the premises and adjoining uses.

(Prior code 15-2-12; Ord. 4 §2, 1991; Ord. 22 §2, 1992; Ord. 3 §§3, 14, 1994; Ord. 17 §13, 2007; Ord. 3 §5, 2009; Ord. 4 §1, 2009)

The following uses shall be permitted as conditional uses in the "B3" District:

(1)

Accessory dwellings.

(2)

Parking areas.

(3)

Restaurants, cocktail lounges or other places serving food and/or alcoholic beverages, excluding drive-in eating places that serve customers in their automobiles or vehicles.

(4)

Accessory buildings, nonresidential use, heated.

(5)

Bed and breakfast, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(6)

Employee dwellings.

(Prior code 15-2-12; Ord. 13 §6, 1991; Ord. 3 §13, 1994; Ord. 10, 2000; Ord. 4 §1, 2009; Ord. 17 §1, 2009; Ord. 13, § 2, 2021; Ord. No. 2, § 3(Exh. A), 3-6-2023)

The following shall be lot measurements for property located in the "B3" District:

(1)

Minimum lot area: three thousand (3,000) square feet, except as follows: two thousand five hundred (2,500) square feet for Lots 22, 23, 24, 25, 26, 27 and 28, Block 24; and two thousand five hundred (2,500) square feet for Lot 21, Block 24 and Lot 12, Block 25 if either of such lots is less than three thousand (3,000) square feet.

(2)

Maximum lot area: six thousand two hundred fifty (6,250) square feet.

(3)

Minimum lot width: twenty-five (25) feet.

(4)

Minimum front yard: any distance conditionally approved.

(5)

Minimum side yard: from three (3) feet to as much as seven and one-half (7½) feet for flat-roof buildings and from seven and one-half (7½) feet to as much as eleven and one-half (11½) feet for sloped-roof buildings, dependent upon snow storage requirements and guidelines and the proximity of adjacent structures, as determined by the Board. However, any setback between three (3) feet and seven and one-half (7½) feet must meet the criteria required for approval of a nonconforming aspect as set forth in Section 16-19-90 of this Chapter.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-12; Ord. 22 §7, 1992; Ord. 3 §25, 1994; Ord. 4 §1, 2009)

The following shall regulate measurements for floor areas located in the "B3" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit. However, the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory buildings, including an accessory dwelling, if any, one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwellings, one thousand (1,000) square feet or two-thirds (⅔) the floor area of the principal building, whichever is less.

(3)

Maximum floor area ratio: all buildings, 0.4 as a matter of right, up to 0.5, dependent upon provision of site amenities.

(Prior code 15-2-12; Ord. 23 §9, 1992; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

(a)

The maximum building height shall be thirty (30) feet.

(b)

The minimum exterior wall height shall be seven (7) feet.

(c)

The minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

The slope of the roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing the street, and as otherwise required by the Board.

(Prior code 15-2-12; Ord. 23 §9, 1992; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

The purpose for which this District is created is to encourage the preservation of the historic and architecturally interesting structures found in this District, by allowing them to remain in residential use, or by converting them to business uses as long as essentially the same structures are retained. This District is characterized by reduced pedestrian and vehicular traffic.

(Ord. 3 §8, 2009)

The following uses shall be permitted in the "B4" District:

(1)

One-family dwelling units; or a residential unit in combination with any of the other permitted or conditional uses in this Division.

(2)

Accessory building, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal uses.

(5)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, art supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, furniture, gifts, hardware, hobby shops, photos shops, sporting goods, stationary and variety stores.

(6)

Office uses.

(7)

Financial institutions.

(8)

Personal services establishments.

(9)

Medical and dental clinics.

(10)

Open use recreation sites, recreation clubs, theaters, assembly halls, schools, churches, hospitals, public buildings and governmental offices.

(11)

Shop crafts.

(12)

Newspaper publishing businesses.

(13)

Rental repair and wholesaling facilities in conjunction with any of the above uses, provided all such activity is clearly incidental and accessory to the permitted use and conducted within a building.

The size, weight and type of vehicle to be parked on the premises shall be considered in issuing any permit for a conditional use pursuant to this Code. The standard for review shall be based on the appropriateness of the vehicle to the premises and adjoining uses.

(Ord. 3 §8, 2009; Ord. 4 §1, 2009)

The following uses shall be permitted as conditional uses in the "B4" District:

(1)

Accessory dwellings.

(2)

Parking areas.

(3)

Restaurants, cocktail lounges or other places serving food and/or alcoholic beverages, excluding drive-in eating places that serve customers in their automobiles or vehicles.

(4)

Accessory buildings, nonresidential use, heated.

(5)

Employee dwellings.

(Ord. 3 §8, 2009; Ord. 4 §1, 2009; Ord. 13, § 2, 2021; Ord. No. 2, § 3(Exh. A), 3-6-2023)

The following shall be lot measurements for property located in the "B4" District:

(1)

Minimum lot area: three thousand (3,000) square feet.

(2)

Maximum lot area: six thousand two hundred fifty (6,250) square feet.

(3)

Minimum lot width: twenty-five (25) feet.

(4)

Minimum front yard: any distance conditionally approved.

(5)

Minimum side yard: from three (3) feet to as much as seven and one-half (7½) feet for flat-roof buildings and from seven and one-half (7½) feet to as much as eleven and one-half (11½) feet for sloped-roof buildings, dependent upon snow storage requirements and guidelines and the proximity of adjacent structures, as determined by the Board. However, any setback between three (3) feet and seven and one-half (7½) feet must meet the criteria required for approval of a nonconforming aspect as set forth in Section 16-19-90 of this Chapter.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Ord. 3 §8, 2009; Ord. 4 §1, 2009)

The following shall regulate measurements for floor areas located in the "B4" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit. However, the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any, one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwellings, one thousand (1,000) square feet or two-thirds (⅔) the floor area of the principal building, whichever is less.

(3)

Maximum floor area ratio: all buildings, 0.4 as a matter of right up to 0.5, dependent upon provision of site amenities.

(Ord. 3 §8, 2009; Ord. 4 §1, 2009)

(a)

The maximum building height shall be thirty (30) feet.

(b)

The minimum exterior wall height shall be seven (7) feet.

(c)

The minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

The slope of the roof shall be a minimum of 4:12. A flat roof must contain a parapet on the sides facing the street, and as otherwise required by the Board.

(e)

The trash storage in an open and unoccupied area at least twelve (12) feet by twelve (12) feet in size, which is accessible at all times, shall be provided on site for an appropriate trash storage/Dumpster location.

(Ord. 3 §8, 2009; Ord. 4 §1, 2009)

The purpose for which this District is created is to allow the use of land for limited commercial purposes and limited industrial purposes, with customary accessory and institutional uses. Employer or service housing is included as a conditional use in this District, if it is incidental to the primary use.

(Prior code 15-2-13)

(a)

The following uses shall be permitted in the "C" District:

(1)

Amusement and recreation businesses.

(2)

Builder's supply yards and lumber yards, except concrete and asphalt manufacturing plants.

(3)

Contractors, including general, electrical and plumbing contractors, and their related storage yards.

(4)

Garages.

(5)

Government offices and buildings.

(6)

Laundry and dry-cleaning establishments.

(7)

Light industrial operations, including assembly, manufacturing, processing and packaging.

(8)

Printing and publishing operations.

(9)

Public utilities and offices.

(10)

Storage warehouses and wholesaling businesses.

(11)

Shop craft industries.

(12)

Auto storage facilities.

(13)

Office uses.

(14)

Individual dry storage units.

(15)

Catering businesses.

(16)

Personal service establishments.

(17)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, art supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, furniture, gifts, hardware, hobby shops, photo shops, sporting goods, stationery and variety stores.

(18)

Natural Medicine Cultivation Facility.

(19)

Natural Medicine Products Manufacturer.

(20)

Natural Medicine Testing Facility.

(b)

Any of the above permitted uses shall be acceptable so long as the use does not create an unusual traffic hazard or any significant noise, dust, vapor, fumes, odor, smoke, vibration, glare or industrial waste disposal problems.

(Prior code 15-2-13; Ord. 22 §14, 1992; Ord. 5 §7, 1995; Ord. 23 §2, 1995; Ord. 11 §3, 2001; Ord. 17 §14, 2007; Ord. 4 §1, 2009; Ord. 7 §2, 2010; Ord. No. 1, § 3(Exh. A), 2-3-2025)

The following uses shall be permitted as conditional uses in the "C" District:

(1)

No more than three (3) residential units not to exceed six hundred (600) square feet each. Such residential unit may only be used as a long-term rental unit or, under the circumstances set forth herein, as an owner-occupied unit. No residential unit shall exist on the first floor of the building. The total square footage of all residential units in the structure shall not exceed fifty percent (50%) of the total building square footage. In the event that a conditional use for a residential unit is granted, that use may not in the future change to any other use except where a conditional use for congregate housing may otherwise be granted and provided that there shall not in any case be a net reduction in bedrooms. The unit thereafter shall be restricted to such use. In the event that the owner of a unit, for which a conditional use for a residential unit is granted, owns and uses for his or her own use another nonresidential unit as a permitted use or an approved conditional use within the same building, the owner may occupy the residential unit. Only an owner conducting business himself or herself in his or her nonresidential unit may occupy his or her residential unit. Leasing the nonresidential unit to another person for his or her use is not considered using for his or her own use or conducting business himself or herself under this Section. Payment in lieu of providing parking is not allowed for parking required for residential uses.

(2)

Financial institutions.

(3)

Shop crafts.

(4)

Rental, repair and wholesaling facilities in conjunction with any permitted or conditional use, provided that all such activity is clearly incidental and accessory to the permitted use and conducted within a building.

(5)

Commercial nurseries and greenhouses; except that such uses shall not include marijuana growing or cultivation operations.

(6)

Funeral parlors and mortuaries.

(7)

Any use that may create unusual traffic hazards, noise, dust, fumes, odors, smoke vapor, vibration, glare or industrial waste disposal problems in accordance with the requirements of Section 16-8-50 of this Chapter.

(8)

Parking areas.

(9)

Accessory buildings.

(10)

Dealerships and other motor vehicle sale or rental businesses.

(11)

Auto-related services.

(12)

Catering business retailing prepared food.

(13)

Snack bars as a subordinate and incidental use to an otherwise approved amusement and recreation use. The snack bar use, which is subordinate and incidental to an otherwise approved amusement and recreation use, is limited to a maximum of five hundred (500) square feet or twenty-five percent (25%) of the square footage of the amusement and recreation use approved for the site, whichever is less. Such size limitation applies to that area of the snack bar use which includes food and beverage preparation, storage, serving and seating area directly associated with the snack bar use. Seating reasonably associated with the amusement and recreation use will not be counted in the snack bar use size limitation. The Building Official shall make the determinations as to the allocation of the square footage with respect to the amusement and recreation use and the snack bar use.

(14)

Medical marijuana centers.

(15)

Congregate housing. Such use may only be used as a long-term rental unit. Congregate housing may not be maintained on the ground or first floor of the subject property and shall comprise no more than fifty percent (50%) of the building. The aggregate square footage of congregate housing in a building shall be no less than one thousand two hundred (1,200) and no greater than two thousand (2,000) square feet. All congregate housing uses shall be accessory to the underlying commercial use of the real property and shall be limited to use by nonprofit organization owners only. A congregate housing use may not be converted to any other conditional use except a residential use as described in Paragraph (1) of this Section. The unit thereafter shall be restricted to such residential use. Payment in lieu of providing parking is not allowed for congregate housing uses.

(16)

Medical marijuana-infused product manufacturer.

(17)

Retail marijuana store.

(18)

Retail marijuana products manufacturer.

(19)

Retail marijuana testing facility.

(20)

Formula retail businesses.

(21)

Veterinary clinic or hospital.

(22)

Employee dwellings.

(Prior code 15-2-13; Ord. 5 §3, 1990; Ord. 4 §2, 1991; Ord. 13 §6, 1991; Ord. 3 §26, 1994; Ord. 5 §§7, 8, 1995; Ord. 25 §1, 1995; Ord. 11 §4, 2001; Ord. 2 §3, 2003; Ord. 11 §1, 2006; Ord. 17 §15, 2007; Ord. 4 §1, 2009; Ord. 15 §3, 2009; Ord. 7 §§1, 3, 2010; Ord. 8 §1, 2011; Ord. 20 §4, 2011; Ord. 10 §§2, 3, 2012; Ord. 19 §4, 2013; Ord. No. 30, § 2b, 1-7-2019; Ord. No. 19, § 2, 7-20-2020; Ord. 13, § 2, 2021)

The following shall be lot measurements for property located in the "C" District:

(1)

Minimum lot area: two thousand five hundred (2,500) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: twenty-five (25) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard:

a.

None for structures with flat roofs.

b.

As much as eleven and one-half (11½) feet for all other structures, dependent upon snow storage guidelines.

(6)

Minimum rear yard: ten (10) feet.

(Prior code 15-2-13; Ord. 4 §1, 2009)

The following shall regulate measurements for floor areas located in the "C" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit.

(2)

Maximum floor area: accessory building, one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

For a lot area not exceeding three thousand one hundred twenty-five (3,125) square feet, 1.55 as matter of right if a Dumpster space is provided on site or is otherwise approved. F.A.R. may be as high as 1.7 if that part of the building creating a F.A.R. in excess of 1.55 is used exclusively for residential units and if adequate parking for the residential units is provided on site, in addition to an on-site or otherwise approved Dumpster space. Residential parking shall not be required for any residential building or portion thereof, constructed prior to May 26, 1990, which continues to be used as a residence.

b.

For a lot area of more than three thousand one hundred twenty-five (3,125) square feet but not exceeding six thousand two hundred fifty (6,250) square feet, 1.25 as matter of right up to 1.55, dependent upon the provision of site amenities. F.A.R. may be as high as 1.7 if that part of the building creating a F.A.R. in excess of 1.55 is used exclusively for residential units and adequate parking for the residential units is provided on site, in addition to an on-site or otherwise approved Dumpster space. Residential parking shall not be required for any residential building or portion thereof, constructed prior to May 26, 1990, which continues to be used as a residence.

c.

For a lot area of more than six thousand two hundred fifty (6,250) square feet, 1.0 as matter of right up to 1.55, dependent upon the provision of site amenities. F.A.R. may be as high as 1.9 if that part of the building creating a F.A.R. in excess of 1.55 is used exclusively for residential units and adequate parking for the residential units is provided on site, in addition to an on-site or otherwise approved Dumpster space. Residential parking shall not be required for any residential building or portion thereof, constructed prior to May 26, 1990, which continues to be used as a residence.

(Prior code 15-2-13; Ord. 4 §6, 1990; Ord. 22 §17, 1992; Ord. 3 §26, 1994; Ord. 4 §1, 2009)

The following shall regulate measurements for buildings located in the "C" District:

(1)

Maximum building height: thirty-five (35) feet.

(2)

Minimum exterior wall height: seven (7) feet.

(3)

Minimum vertical distance from eave line of roof to the finished grade level: six (6) feet.

(4)

Slope of roof: a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(Prior code 15-2-13; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

(a)

Service yards fences: All service yards shall be screened by a solid fence of six (6) feet in height or of sufficient height to screen from view any objects located therein.

(b)

Hazardous activities:

(1)

Hazardous activity means any use or activity which results in a significant risk of fire or explosion as determined by the Chief of the Crested Butte Fire Protection District under the terms of any commonly accepted fire code.

(2)

No hazardous activity shall be permitted in those portions of the "C" Commercial District lying within Blocks 38, 39 and 40 unless the Chief of the Crested Butte Fire Protection District approves such use or activity in such location. Such approval shall be based upon meeting the terms of the fire code as adopted by the Town.

(Prior code 15-2-13; Ord. 3 §16, 1994; Ord. 4 §1, 2009)