This Chapter is entitled, and may be cited as, the Dillon Land Development Code.

(Ord. 04-20 §1)

The purpose of this Chapter is to ensure that future growth and development which occurs in the Town is in accordance with the wishes of the residents thereof; to identify and secure, for present and future residents, the beneficial impacts of growth; to identify and avoid the negative impacts of growth; to ensure that future growth is of the proper type, design and location and served by a proper range of public services and facilities; and in other respects, to achieve the goals and implement the policies of the Comprehensive Plan, as amended from time to time.

(Ord. 04-20 §1)

This Chapter is adopted pursuant to the authority granted by the applicable provisions of the Charter and the Constitution and laws of the State. A determination by a court that any section or part of this Chapter is illegal or unconstitutional shall have no effect on the enforcement of any other section or part. Repeal or invalidation of this Chapter or any portion hereof does not abrogate or annul any permit, any other lawful permit or any easement or covenant hereto.

(Ord. 04-20 §1)

This Chapter shall apply to all land, buildings, structures, and uses thereof located within the corporate boundaries of the Town, unless an exemption is provided by or pursuant to the terms of this Chapter.

(Ord. 04-20 §1)

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 in this Chapter for the zoning district in which such land, building, or structure is located and with other applicable regulations of the Town.

(Ord. 04-20 §1)

(a)

Public provisions. This Chapter is not intended to interfere with, abrogate or annul any other ordinance, rule, or regulation, statute or other provision of law. Where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule, or regulation or other provision of law, the more restrictive or the higher standards shall control.

(b)

Private provisions. This Chapter is not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of this Chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this Chapter shall govern.

(Ord. 04-20 §1)

When any territory is brought into the jurisdiction of the Town, by annexation or otherwise, the Town Council shall designate the zoning district(s) applicable to such territory at the time of annexation. This provision shall not preclude subsequent rezoning of such property by amendment.

(Ord. 04-20 §1)

(a)

The Town Council intends for this Chapter to implement the planning policies in the Comprehensive Plan, other land use plans and planning documents. While the Town Council reaffirms its commitment that this Chapter be in conformity with the Comprehensive Plan and adopted planning policies, the Town Council hereby expresses its intent that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan or any other planning document.

(b)

Pursuant to Charter Section 14-9, no land development by any private or governmental entity which, in the judgment of the Council, will significantly affect the Town, and no subdivision of land, zoning change or annexation shall be approved without considering the effect of such approval on the Comprehensive Plan. The Town Council hereby declares that only map and text amendments and Level IV developments significantly affect the Town, and thus only approvals of map and text amendments and Level IV development applications shall require a finding by the Town Council of the effect of the approval on the Comprehensive Plan.

(Ord. 04-20 §1)

Number of days expressed in this Chapter shall be computed pursuant to Section 1-2-20 of this Code.

(Ord. 04-20 §1)

All matters relating to the development of property within the corporate boundaries of the Town shall be deemed quasi-judicial in nature except proceedings pursuant to Division 3 of this Article I, which shall be deemed legislative in character and not quasi-judicial.

(Ord. 04-20 §1)

When used in this Chapter, certain words shall be interpreted as follows:

(1)

The masculine includes the feminine and the neuter genders;

(2)

Words in the present tense include the future tense;

(3)

Words in the singular number include the plural number;

(4)

The word "shall" is mandatory; and

(5)

The word "may" is permissive.

(Ord. 04-20 §1)

(a)

Subject to subsection (b) and the appeals process set forth in Section 16-1-130, the Town Manager shall have final authority to interpret terms, words and phrases, or determine the applicability of, the provisions of this Chapter in each of the following cases:

(1)

Where any provision is ambiguous or open to multiple interpretations;

(2)

Where two or more conflicting provisions purport to apply to a specific case; and

(3)

Where terms, words, and phrases are:

a.

Ambiguous or open to multiple interpretations; and

b.

Are not otherwise defined in this Chapter.

(b)

The Town Manager interpretation shall be consistent with:

(1)

The intent of this Chapter; and

(2)

With the intent of the subject zone district.

(Ord. 04-20 §1)

An appeal of any administrative interpretation authorized by this Chapter may be submitted to the Planning Commission in writing, accompanied by a fee established by resolution or ordinance of the Town Council, and shall be reviewed by the Planning Commission in a public hearing. The Planning Commission shall defer to the administrative interpretation unless the applicant proves that such interpretation is (1) not in compliance with subsection 16-1-120(b); or (2) arbitrary and capricious. All decisions of the Planning Commission on appeal of an administrative interpretation shall be final, and the applicant shall have no further right of appeal under this Chapter.

(Ord. 04-20 §1)

As used in this Chapter, the following words shall have the following meanings unless otherwise provided:

Accessory dwelling unit means a residential unit located within a single-family dwelling or within a duplex, or within a garage of a single-family dwelling or duplex, or within an accessory structure on a permanent foundation, which is secondary in size and use to the single-family dwelling or duplex, and which is designed to be used as a complete, independent dwelling unit with permanent provisions within the unit for cooking, eating, sanitation, and sleeping.

Accessory structure means a detached subordinate building located on the same lot as the principal building, the use of which is incidental to the principal building or use of the lot; such building shall not be used for living or sleeping quarters and shall not contain plumbing capable of facilitating a bathroom or a kitchen, with the exception of detached accessory dwelling units approved in accordance with this Code.

Duplex means a residential structure containing two (2) attached primary dwelling units, which may be located on one (1) parcel of land or two (2) parcels of land.

ADA means the Americans with Disabilities Act, as may be amended from time to time.

Addition means an extension or increase in floor area or height of a building or structure.

Adult entertainment means an establishment which contains any exhibition, display or dance which involves the exposure to view of any portion of the female breast below the top of the areola, male genitals, female genitals or the pubic hair, anus or cleft of the buttocks of any person or male genitals in a discernibly turgid state even if completely and opaquely covered.

Alteration means any change, addition or modification in construction or occupancy.

Antenna shall have the meaning assigned to it in Section 16-12-20.

Applicant means the owner of record of the property which is the subject of an application, or the duly authorized agent of the owner or the successors in interest. In the absence of the owner of record or a duly authorized agent, the actual occupants of the development, if any, will be assumed to be acting jointly and severally as the "applicant" for the purposes of this Chapter.

Artisan's studio means the combination of a residence and an artisan's workshop which conforms to the off-street parking requirements for a residential use as contained in this Chapter.

Artisan's workshop means an establishment for the preparation, display and sale of individually handcrafted artwork, including jewelry, furniture, sculpture, pottery, paintings, drawings, photography, leather craft, musical instruments, hand-woven articles and related arts or crafts items.

Automobile service means an activity that includes the dispensing of petroleum products and the service, cleaning or repair of motor vehicles within a fully enclosed building. "Automobile service" shall require that all vehicles left for repair and all exterior storage areas be fully screened from all adjacent properties, including public rights-of-ways. "Automobile service" does not include the servicing of vehicles or trucks having more than two (2) axles, or greater in length than twenty-two (22) feet, nor does it include the display of vehicles or trailers for sale or rental, nor the storage of towing vehicles or wrecked vehicles in any manner.

Bed and breakfast means a facility of residential character which provides sleeping accommodations for hire, for thirty (30) days or less, on a day-to-day basis, with one (1) or more meals per day included, and a manager who is either an owner or lessee of the property residing on the premises.

Brewpub means a restaurant establishment which has an attached brewing operation, which brewing operation occupies less than ten thousand (10,000) square feet of gross floor area. The attached brewing operation processes water, malt, hops and yeast into beer or ale by mashing, cooking and fermenting. The attached brewing operation sells fermented malt beverages through wholesale and for consumption on premises within the restaurant.

Building height means the height of a building as measured from the highest point of the building vertically, to an elevation that represents the median elevation of the site, within the proposed building footprint, prior to construction. A sunken area within the building footprint that does not exceed fifty percent (50%) of the square footage of the building footprint shall not be utilized to determine building height. Where a sunken area equal to less than fifty percent (50%) of the building footprint exists, the Town shall determine building height utilizing an elevation that represents the elevation of the site if the sunken area did not exist. For the purposes of determining building height, chimneys, mechanical equipment, nonhabitable architectural elements and roof vents shall be allowed to exceed the allowed building height by eight (8) feet. The median elevation shall be determined by adding the site elevation of the building footprint at the lowest point of the foundation, with that at the highest point of the foundation, and dividing by two (2). That point shall be used as the base elevation from which to determine the allowed building height for the proposed project.

Change of use means to modify the utilization of a parcel or structure from its historic or current use to a new and/or different use.

Charter means the Town of Dillon Home Rule Charter, as may be amended from time to time.

Child care center means a facility other than a school which is maintained for the care of four (4) or more children under the age of sixteen (16) not related to the owner, operator or manager thereof.

Child care facility means a commercial establishment for daily care or instruction of children.

Church means any institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

Classification means a particular class that a development is placed in for review under the provisions of this Chapter. In those instances where a development does not fall under one (1) of the four (4) classifications, the Town Manager shall place the application in its most appropriate classification.

Clinic means an establishment operated and conducted by one (1) or more doctors, dentists or veterinarians.

Code shall have the meaning ascribed to it in Section 1-2-20.

Commercial structure means a building or structure designed for retail and/or small-scale wholesale trade. The term encompasses, but is not limited to, stores, markets, shopping centers, stalls, arcades, and shops.

Commercial vehicle means a vehicle used for the transportation of persons or freight, licensed or defined as a commercial vehicle by the code of the State, including trucks with a gross vehicle weight of eleven thousand and twenty-three (11,023) pounds (5,000 kg) or greater or a bus with seating capacity greater than nine (9) persons.

Commission or Planning Commission means the Planning and Zoning Commission of the Town of Dillon.

Comprehensive Plan means the overall long-range plan for the future development of the Town which includes goals and policies, future land use, transportation and community facilities plans, as might be adopted and amended from time to time by the Town and in compliance with the Charter and C.R.S. 31-23-206, as amended. The "Comprehensive Plan" may also be called the Dillon Comprehensive Plan or the Dillon Master Plan.

Concept plan means an informal site plan and narrative defining a proposed project designed for review by the Town Manager and/or the Development Review Committee or to be used as an initial review vessel for large projects.

Conditional use means an activity, development or use generally similar to other uses permitted within a zoning district, which because of the manner in which the proposed use could be developed, may not be appropriate (1) in all situations; or (2) without the imposition of special conditions required to ensure compatibility with existing and potential land uses within the vicinity.

Condominium means a multi-unit structure in which units may be individually owned by the sale of the air space contained within the unit and a divided interest in the common elements.

Correction or adjustment means a proposed change to an approved development permit that (1) qualifies as neither a major nor minor change; and (2) is to correct a clerical or scrivener's error, to make a technical change, or to make a de minimis adjustment.

Consent calendar means a document presented to the Town Council by the Town Manager listing decisions made by the Commission.

Council or Town Council means the Town of Dillon, Colorado, Town Council, including the Mayor, unless otherwise provided.

Development means any activity:

(1)

Enumerated in Section 16-2-30;

(2)

Requiring a grading or building permit;

(3)

Involving a change in the use or intensity of use on the land or improvements thereon, or the enlargement, reconstruction or renovation of improvements; or

(4)

Involving the demolition of improvements.

Development agreement means a legal document executed between the developer and the Town, subsequent to application approval and development permit issuance, but prior to issuance of a building permit for the development, obligating the developer to construct public improvements within and adjacent to the proposed development related to or necessitated by the impacts of the development. A development agreement is not a building permit.

Development permit means a permit issued by the Town after approval of a development indicating approval and any conditions that may be required as a component of the approval.

Development Review Committee means a committee consisting of the Town Manager, the Town Engineer, the Town Public Works Director, the Town Planner and any referral agency members the Town Manager deems appropriate to participate.

Dormitory means a structure in which individual sleeping spaces are rented to individual tenants on a short-term basis with necessary support facilities (bathroom, kitchen, etc.) being provided in common.

Drive-in or drive-through facility means any use which conducts a portion of its business with persons remaining in their automobiles.

Duplex means a residential structure containing two (2) attached primary dwelling units, which may be located on one (1) parcel of land or two (2) parcels of land.

DURA means the Town of Dillon Urban Renewal Authority.

Dwelling unit means any structure or part thereof designed to be occupied as living quarters for any period of time.

Earth-disturbing activity means the mechanical removal of rock, natural soil, fill and/or any combination thereof; placement or stockpiling of fill; or clearing of trees and vegetation for the purpose of constructing roads, site improvements or structures.

Entertainment use means a use which is intended to provide for the entertainment and/or recreation of people such as indoor or outdoor recreational facilities, cultural facilities such as museums, or activities such as bowling alleys, game parlors or theaters.

Family means any number of people living and cooking together within a dwelling unit as a single independent housekeeping unit, but shall not include a group of more than five (5) individuals not related by blood, marriage or adoption or pursuant to legal guardianship.

Floor area means the area included within the surrounding exterior walls (excluding the exterior wall itself) of a building or portion thereof, exclusive of vent shafts and courts, and including all areas of the building designed as living area that have a floor-to-ceiling height of seven (7) feet or more. For projects where the floor area of a building or portion thereof is not normally provided within surrounding walls, the floor area shall be the usable area under the vertical portions of the roof (warehouses, lumber storage, etc.).

Fully screened means screening through the use of fencing, building elements or landscaping that provides an opaque screen to a minimum of six (6) feet in height adequate to block the view of a particular use or structure from adjacent properties and public rights-of-way.

Grading permit means a permit required pursuant to Chapter 11, Article III, of this Code.

Gross dwelling area means the floor area included within the surrounding exterior walls (including the exterior wall itself) of a building or portion thereof, utilized as a dwelling area of the building, including closets, bathrooms, living rooms, etc., excluding those areas of the building that are not designed as living area, have a floor-to-ceiling height of less than seven (7) feet, and have no windows.

Group home means a residential facility which provides shelter, supervision, care and/or rehabilitation for three (3) or more individuals. This may include, but is not limited to, nursing homes, rest homes and orphanages, as well as family care facilities.

Home occupation means an incidental use of a dwelling unit for gainful employment of one (1) or more of the residents living in the dwelling unit.

Hotel/motel means an establishment that provides temporary lodging in guest rooms and in which meals, entertainment and various personal services for the public may or may not be provided.

Hotel/motel suite means an establishment similar in nature to a hotel or motel with the exception that more than twenty-five percent (25%) of the units are suites, which means they provide a separate bedroom from the main unit.

Industrial use or structure means a use or structure used for storage, processing and/or shipping of agricultural or timber products; mineral extraction; and production, fabrication, assembly, auto body repair shops or storage of products.

Kitchen facilities means kitchen amenities including, but not limited to, refrigerators, stoves, ovens, and kitchen-type sink. Amenities limited to a microwave, mini- refrigerator, and/or an appliance designed to produce coffee or tea do not constitute "kitchen facilities" for purposes of this definition.

Land owner means any owner of a legal or equitable interest in real property, including heirs, successors and assigns of such ownership interest.

Landscaping means any combination of materials such as trees, shrubs, vines, ground cover, flowers or turf, and may include natural features such as fountains, reflective pools, art work, screen walls, fences, street furniture, decks and ornamental concrete or stone work.

Landscaping maintenance includes the regular irrigation, weeding, fertilization, mowing, trash cleanup and pruning of all landscaping; the treatment or repair of all diseased, insect-ridden, broken or vandalized landscaping; and the replacement of dead or irreparable landscaping with substantially similar materials.

Licensed engineer means an engineer licensed to practice in the State.

Licensed premises has the same meaning as set forth in the Colorado Marijuana Code, Sections 44-10-101 et seq., C.R.S.

Lot means a single parcel of land, all boundaries of which are shown and described on a map of record, and the location of which is referenced on such map of record to at least one (1) permanent monument.

Lot (land) area means the square footage of land contained within a lot or parcel, exclusive of any public rights-of-ways or other parcels dedicated to or owned by a public entity.

Lot line, front means the property line dividing a lot from a street right-of-way or private access.

Lot line, rear means the property line parallel and opposite to the front lot line; where no property line exists parallel to the front lot line, a line parallel to the front lot line which bisects the boundary of a lot and has a minimum length of ten (10) feet shall constitute the rear lot line.

Lot line, side means any property line of a lot other than a front or rear lot line.

Lot line, street side means a side lot line, that abuts a public street right-of-way.

Major change means a proposed change to an approved development permit that results in any one or more of the following:

(1)

A change [in] the general character of the development or the proposed density;

(2)

A change [in] the boundaries of the permitted development;

(3)

A change in any use, such as residential to commercial;

(4)

A significant change to the location or amount of land devoted to a specific land use; or

(5)

A relaxing of dimensional standards or other specific requirements established by the Planning Commission or Town Council as a condition of approval.

Marina means a facility used for the purpose of boating, including but not limited to docks, storage, offices, restaurants and retail shops.

Mass model means a scale model of the proposed building, or development, indicating the general design of the building, including building heights, building dimensions, wall and roof planes, and general architectural character.

Massage parlor means an establishment or place primarily in the business of providing massage services, but not licensed pursuant to the Colorado Massage Parlor Code (Article 48.5 of Title 12, C.R.S.).

Minor change means a proposed change to an approved development permit that does not qualify as a "correction" or "adjustment" and does not:

(1)

Change the general character of the development or the proposed density;

(2)

Change the boundaries of the permitted development;

(3)

Change any use, such as residential to commercial;

(4)

Significantly change the location or amount of land devoted to a specific land use; or

(5)

Relax dimensional standards or other specific requirements established by the Planning Commission or Town Council as a condition of approval.

Mixed use means a development which incorporates any combination of commercial, residential or industrial uses within a building or project.

Modification means any change in the scope, character or nature of plans, specifications, etc., of any development which has been reviewed and adopted by the Town.

Multi-family dwelling, structure or complex means a residential structure or group of structures containing three (3) or more attached dwelling units.

Nonconforming building means an existing building that does not conform to the location or bulk requirements of this Chapter for the district in which such nonconforming building is located, either at the effective date of the initial ordinance codified herein or as a result of subsequent amendments which may be incorporated into this Chapter.

Nonconforming use means any legally existing use, whether within a building or other structure, or on a tract of land which does not conform to the use regulations of this Chapter for the district in which such nonconforming use is located, either at the effective date of the initial ordinance codified herein or as a result of subsequent amendments which may be incorporated into this Chapter.

Office means a room, studio, suite or building in which a person transacts his or her business or carries on a stated occupation, including but not limited to accounting, correspondence, telephone answering, research, editing, administration or analysis; or the conduct of a business by salesmen, sales representatives or professionals such as engineers, architects, planners, land surveyors, lawyers, real estate brokers, insurance agents, doctors, dentists or the like.

Open space means an exterior space located within the physical boundaries of a project which (1) is usable for recreational purposes; (2) provides for natural or man-made landscaping areas; or (3) provides for the protection of natural resources such as stream channels, steep slopes or other natural areas; or is an outdoor area designated for public or private gathering or enjoyment, as approved by the Town Manager.

Open space, private means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Open space, public means any owned by the Town and used for recreational use, open space, or green belt area and accessible to the general public.

Pawnbroker means a person, partnership, limited liability company, or corporation regularly engaged in the business in a pawnshop of making contracts for purchase or purchase transactions in the course of business; or lending or advancing money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or, who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. The term does not include secondhand dealers as defined in and regulated by C.R.S. Section 18-13-114 through C.R.S. Section 18-13-118.

Pawnshop means any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledgor or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property. A pawnshop is an establishment wherein the business of a pawnbroker is conducted. A pawnshop shall not be deemed a retail sales establishment except for the purposes of determining off-street parking requirements, water and sewer rates (EQR's), and signage requirements.

Person means a natural person or a partnership, joint venture, corporation, association, organization or public agency.

Personal service establishment means any building or use wherein the primary occupation is the repair, care of, maintenance or customizing of wearing apparel, articles of adornment or other personal properties that are worn or carried about the person or are a physical component of the person. It may also include financial institutions such as banks. For the purpose of this Chapter, "personal service establishments" shall include, but not be limited to barber shops, beauty parlors, pet grooming establishments, laundering, cleaning and other garment service businesses, shoe cleaning or repair shops, but not including offices of physicians, dentists or veterinarians.

Planned unit development means a development by a single owner or a group of owners acting jointly, involving a related group of residences or businesses and associated uses, planned as a single entity and therefore susceptible to development and regulation as one (1) complex land use unit rather than as a mere aggregation of individual buildings located on separate lots.

Public hearing means a public hearing before either the Planning Commission or the Town Council which allows for public participation, and which is noticed as required in this Chapter.

Public parlor means any area set aside by the Town for recreational use, open space or green belt areas, excluding officially designated trail corridors.

Recreational use means a structure or area designated and/or developed for human enjoyment, interaction, diversion or amenity. This includes, but shall not be limited to parks; playgrounds; play fields; and areas or structures associated with skiing, sledding, picnicking, equestrian activities, hiking, sightseeing, fishing, boating, swimming and other active recreational endeavors.

Referral agencies means those public or private agencies whose official responsibility or scope of concern is affected by a particular development proposal, which may include such entities as the staff and administration of the Town, the County, the State, the United States, utility companies, special districts, Summit Historical Society, citizens associations and other similar associations.

Repair means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

Remodel means work to improve upon or transform the existing design and layout of a unit or multiple units of a structure, without an addition.

Residential use refers to the use of a structure as living quarters. The following constitute various types of residential uses within the Town:

(1)

Accessory dwelling units.

(2)

Bed and breakfasts.

(3)

Condominiums.

(4)

Dormitories.

(5)

Duplexes.

(6)

Multi-family dwelling units.

(7)

Single-family dwelling units.

(8)

Time-shared (interval ownership) units.

(9)

Townhouses.

Residential zoning district means those zoning districts defined as Residential Estate Zone (RE), Residential Low Density Zone (RL), Residential Medium Density Zone (RM) and Residential High Density Zone (RH) in Article III of this Chapter and in accordance with the Town Zoning Map.

Restaurant, outdoor seating means an outdoor seating area provided in conjunction with a restaurant or eating establishment. Any portion of a seating area that is covered, either in whole or in part, by any permanent structure, other than the restaurant's roof overhang not exceeding two (2) feet in width, shall not be considered outdoor seating for the purposes of this Chapter, but shall be considered as part of the restaurant itself.

Retail marijuana hospitality and sales establishment has the same meaning as in the Colorado Retail Marijuana Code.

Retail marijuana stores has the same meaning as in the Colorado Retail Marijuana Code.

Retail store means any building or use wherein the primary occupation is the sale of merchandise for use or consumption by the immediate purchaser. This shall include the rental of small appliances and equipment, but does not include a vehicle rental establishment.

School means a facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools and high schools.

Shed means an "accessory structure" for use as a storage space, a shelter for animals, or a workshop.

Short-term rental shall have the meaning assigned to it in Section 6-11-20 of this Code.

Single-family dwelling units means a residential structure containing one (1) single, detached dwelling unit on one (1) parcel of land.

Site specific development plan means a Level II, III, or IV development plan which has been approved or conditionally approved by the Town Council, Planning Commission or Development Review Committee, depending upon which body has authorization.

Site work means the disruption of any parcel of land for activities such as landscaping, grubbing, grading or utility work.

Solar panel means a panel designed to absorb the sun's rays as a source of energy for generating electricity or heating.

Street means a strip of land intended for vehicular use and providing the principal means of access to a property.

Structure means anything constructed or erected, which requires a fixed location on the ground or attachment to something else having a fixed location on the ground.

Structural modification means construction work done to modify an existing structure that involves the repair, modification, removal or addition of one or more load bearing elements of the structure. A load bearing element is typically a wall, post or foundation that supports a structural load.

Summer seasonal parking lot means an off-street parking facility which is limited to use as a parking facility for vehicles from April 1 through November 30 of each year. A summer seasonal parking lot may be used for snow storage and trailer and boat storage as approved by the Town Manager.

Telecommunication tower has the meaning assigned to "tower" in Section 16-12-20.

Temporary construction trailer means a trailer placed on a construction site during the construction of a permanent project.

Temporary structure means a structure other than a vendor cart or construction trailer that is not intended as a permanent structure and does not provide a permanent foundation and underground utilities.

Tenant finish means a remodel of an existing structure, without an addition, to accommodate a new business or tenant.

Time-shared (interval ownership) unit means a residential unit which is owned by more than one (1) person with the ownership interest divided by specific periods of time.

Town center means the area zoned as Core Area Retail (CA) Zone and is synonymous with "town core."

Townhouse means a multi-family structure in which individual units are owned by separate persons, including an undivided fee simple ownership in the land upon which the unit sits.

Town Manager means the Town Manager of the Town or the Town Manager's designee.

Use means the physical improvements, human activity and efforts thereof on a site or parcel of land.

Vacant or undeveloped lot means a lot which contains no permitted or conditional use or structure as allowed within a specific zoning district. The development of an accessory structure or use on a lot (such as a driveway or garage), independent of or prior to the development of a permitted or conditional use, does not constitute development for the purposes of this definition, and such lot shall still be considered to be vacant or undeveloped.

Variance means a departure from the requirements of this Chapter relating to the coverage, setback, height, lot size or other development standards and regulations of the applicable zoning district, but not involving the actual use.

Vehicle means any device by which people or property is transported upon a roadway, such as automobiles, motorcycles, trucks, trailers, recreational vehicles, boats and other heavy rolling stock.

Vehicle rental establishment means any use of property primarily for the rental of vehicles such as automobiles, motorcycles, trucks, trailers, recreational vehicles, boats and other heavy rolling stock, and wherein vehicles are stored.

Wholesale trade class 1 shall be limited to brewpubs, artisan's workshops, artisan's studios and those wholesale trade establishments which manufacture, repair or assemble apparel, furniture, home furnishings, skis, snowboards, kayaks, canoes, sails, tents, backpacks, sleeping bags and other nonmotorized recreational equipment for indoor or outdoor use. This class shall also include wholesale trade establishments which produce ingestible items, such as food, beverages and alcoholic beverages. Allowable uses as production of ingestible items would include bakeries, confectioners and catering.

Wholesale trade class 2 shall include all wholesale trade establishments that are not specifically identified under wholesale trade class 1.

Wholesale trade establishment means any building wherein the primary occupation is the sale of merchandise for resale.

Wood-burning appliance means any appliance, including fireplaces, wood stoves, wood furnaces, etc., that utilizes the burning of wood for heating, cooking or other similar purposes.

Yard means an open space on a lot, unoccupied by any structure, and located on the same lot with the building or use which it serves.

Yard, front means a yard extending between the side lot lines across the full width of the lot and lying between the front lot line and any portion of any structure on the lot. In those instances where a lot abuts two (2) streets, such as a corner lot or a double frontage lot, the Town Manager shall designate which yard constitutes the front yard based on the existing development patterns within the neighborhood.

Yard, interior side means a yard extending between the front and rear lot lines along the full width of the lot and lying between the rear lot line and any portion of any structure on the lot.

Yard, rear means a yard extending between the side lot lines across the full width of the lot and lying between the rear lot line and any portion of any structure on the lot.

Yard, street side means a yard extending between the front and rear lot lines along the full length of the lot and lying between the side lot line that abuts a public way and any portion of any structure on the lot.

(Ord. 04-20 §1; Ord. 01-21 §1; Ord. 07-21 §§1, 2)

(a)

Procedure. Amendments to this Chapter shall be in accordance with the Charter, state law and all other applicable Town ordinances and shall require the following action:

(1)

Study and recommendation concerning the proposed amendment by the Planning Commission following a public hearing.

(2)

Completion of a public hearing before the Town Council after at least fifteen (15) days' notice of the time and place of such hearing shall have been given by at least one (1) publication in a newspaper of general circulation within the Town.

(b)

Text changes. The Town may from time to time initiate or hear requests to amend the text of this Chapter, subject to the above procedures. The applicant shall be charged a fee set by resolution or ordinance of the Town Council to cover the costs of advertising and processing the amendment.

(c)

Map changes. For proposed amendments to the zoning district map of the Town, the Town Clerk shall send a written notice of said hearing at least fifteen (15) days prior to the hearing date to the property owners within the area requesting rezoning and to the owners of property adjacent to the area proposed for rezoning. The applicant shall be responsible for submitting correct names and addresses of these owners of record. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the Town Council. The applicant will be charged a fee set by resolution or ordinance of the Town Council to cover the costs of advertising and processing the zone change request.

(d)

Burden of proof. The burden of proof shall be on the applicant to prove that the application for map or text amendment meets the evaluation criteria set forth in subsection (e). The applicant's burden is heightened when the request would result in a substantial departure from present land use patterns.

(e)

Applications for text and map amendments shall be granted only if the following criteria, to the extent applicable, have been met:

(1)

Granting the request is in the public interest.

(2)

The public interest is best served by granting the application at the time of the hearing.

(3)

The proposed action substantially accords with the applicable goals and policies of the Comprehensive Plan or other applicable, duly-adopted goals and policies of the Planning Commission and/or Town Council.

(4)

There has been a change in the neighborhood or community or a mistake in the planning or zoning of the land, such that it would be inconsistent with the applicable goals and policies of the Comprehensive Plan or other applicable, duly-adopted goals and policies of the Planning Commission and/or Town Council to develop the property as presently zoned or in accordance with existing zoning regulations.

(f)

Compliance. The Town Council may attach conditions to any amendment if such conditions are found necessary to insure compliance with the intent and purpose of this Chapter.

(g)

Pursuant to Charter § 14-9, no zoning change shall be approved without considering the effect of such approval on the Comprehensive Plan.

(Ord. 04-20 §1; Ord. 13-21 §1)