(a)

In order to carry out the provisions of this Chapter, the Town is hereby divided into zoning districts as described in Division 2 below. In each district, any use not expressly permitted shall be deemed excluded.

(b)

Where the wording of this Chapter is not sufficiently precise to determine whether or not a particular use is permitted within a specific district, such interpretation shall be made by the Planning and Zoning Commission. Upon determination by the Planning and Zoning Commission, and if warranted, said use shall be added to the list of permitted uses for that district. Said determination may be appealed to the Town Council within fourteen (14) days of the Planning and Zoning Commission's decision.

(Ord. 19-96 §3.01)

(a)

The boundaries and classifications of districts hereby established are as shown on the map entitled Official Zoning District Map of the Town of Dillon, Colorado, dated October 30, 2013, which map has been signed by the Town Clerk.

(b)

In the event uncertainty shall be deemed to exist on the official Zoning Map, district boundaries shall be on lot lines; the centerline of highways or streets or such lines extended; municipal corporation lines; or natural boundary lines.

(Ord. 19-96 §3.01; Ord. 21-13 §2)

All areas annexed to the Town shall be placed in a zoning classification in accordance with the adopted Comprehensive Plan within ninety (90) days of annexation if at all possible. If a zoning designation has not been established within ninety (90) days of the effective date of the annexation, the area annexed shall be placed in the RE zoning district of the Town.

(Ord. 19-96 §3.01)

(a)

For the purposes of this Chapter, the following basic zones are hereby established:

(b)

Zoning districts which are used in the Town, the purpose statements which describe the intent of each zoning district and types of uses desired are described below. Specific densities allowed will be governed by the use, area, height, bulk and other requirements of this Chapter.

(Ord. 19-96 §3.02)

In a RE zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to provide areas suitable and desirable for single-family homes and accessory uses at an average density of approximately one (1) unit per acre which would allow either large lot developments or the opportunity to cluster units onto those portions of a site that are most appropriate for development while protecting the natural characteristics of the remainder of the site.

(2)

Allowed density. Density shall be calculated at a density of one (1) unit per acre of developable land. Developable land shall include all land within the parcel, minus any area containing slopes over fifteen percent (15%), any wetlands and any land impacted by geologic hazards.

(3)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter:

a.

Single-family dwellings.

b.

Structures and uses accessory to and on the same parcel as the primary dwelling unit which are in keeping with the residential estate character of the zone.

c.

Home occupations which meet the requirements as set forth in Section 16-4-70.

(4)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted.

a.

Churches.

b.

Governmental structures or uses, including but not limited to recreation buildings, parks or playgrounds.

c.

Parking or storage uses accessory to a primary single-family use and located on an adjoining lot.

(5)

Lot size and width.

a.

The minimum lot area shall be forty thousand (40,000) square feet, unless the site has been approved under the planned unit development process of the Town, in which case lots may be allowed to be reduced to a minimum of twenty thousand (20,000) square feet in size if the overall density of the project, including any density transferred to the site, does not exceed a gross density of one (1) unit per eight-tenths (0.8) of an acre.

b.

The minimum lot width shall be one hundred (100) feet, unless the site has been approved under the PUD process of the Town which may allow lot widths to be reduced to a minimum of seventy-five (75) feet.

(6)

Yards. Except as provided in Articles V and XIII, yards shall be as follows.

a.

For lots of forty thousand (40,000) square feet or greater, and for all nonresidential uses, the yards shall be as follows:

1.

Front yards shall be a minimum of thirty (30) feet.

2.

Side yards shall be a minimum of fifteen (15) feet.

3.

Street side yards shall be a minimum of thirty (30) feet.

4.

Rear yards shall be a minimum of thirty (30) feet.

b.

For lots of less than forty thousand (40,000) square feet, and for all detached accessory structures, the yards shall be as follows:

1.

Front yards shall be a minimum of twenty-five (25) feet.

2.

Side yards shall be a minimum of ten (10) feet.

3.

Street side yards shall be a minimum of twenty (20) feet.

4.

Rear yards shall be a minimum of twenty (20) feet.

(7)

Lot coverage. All buildings shall not occupy more than thirty percent (30%) of the lot area, including all accessory structures.

(8)

Building heights. Except as provided in Articles V and XII, no building shall exceed a height of thirty-five (35) feet for lots greater in size than forty thousand (40,000) square feet, and thirty (30) feet for lots of forty thousand (40,000) square feet or less.

(Ord. 19-96 §3.02; Ord. 02-02; Ord. 05-04 §2; Ord. 04-20 §12)

In a RL zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to provide areas suitable and desirable primarily for single-family uses with provisions for associated public service uses and planned developments under controlled conditions. This district is intended to preserve or create quiet residential neighborhoods that are harmonious with existing development. New development and alterations of existing development should conform to the architectural character of this district. This district is intended for residential uses; however, uses compatible with and convenient to residential uses such as churches, child care centers and group homes may be allowed if they conform to the intent of this district. Commercial uses would not be consistent within this district.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter:

a.

Single-family dwellings.

b.

Structures and uses accessory to and on the same parcel and the primary dwelling unit which are in keeping with the residential character of the zone.

c.

Home occupations which meet the requirements as set forth in Section 16-4-70.

d.

Accessory dwelling units which meet the requirements as set forth in Sections 16-4-35 through 16-4-45.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted.

a.

Churches.

b.

Governmental structures or uses, including but not limited to recreation buildings, parks or playgrounds.

c.

Nursery school, day nursery, kindergarten or similar child care facilities.

d.

Planned developments.

e.

Schools, both public and private.

f.

Veterinary clinics.

g.

Parking or storage uses accessory to a primary single-family use and located on an adjoining lot.

(4)

Lot size and width. Except as provided in Articles V and XIII, the minimum lot size and width in a RL zone shall be as follows:

a.

The minimum lot area shall be eight thousand (8,000) square feet for all uses permitted in a RL zone.

b.

The minimum lot width shall be sixty (60) feet, except for corner lots which shall have sixty-five (65) feet.

c.

The Planning and Zoning Commission may require larger lot areas and lot width within proposed subdivisions when determined appropriate due to physical constraints or to maintain compatibility with existing lots in the immediate area.

(5)

Yards. Except as provided in Articles V and XIII, yards shall be as follows:

a.

Front yards shall be a minimum of twenty (20) feet.

b.

Side yards shall be a minimum of eight (8) feet.

c.

Street side yards shall be a minimum of twenty (20) feet.

d.

Rear yards shall be a minimum of fifteen (15) feet.

e.

Yards shall be landscaped as provided in Article VII.

(6)

Lot coverage. All buildings shall not occupy more than forty percent (40%) of the lot area, including all accessory structures.

(7)

Building heights. Except as provided in Articles V and XIII, no building shall exceed a height of thirty (30) feet.

(Ord. 19-96 §3.02; Ord. 01-02 §1; Ord. 02-02; Ord. 05-04 §3; Ord. 04-20 § 13; Ord. 07-21 §7)

In a RM zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to provide areas suitable and desirable for single-family, two-family and multi-family dwellings with provisions for associated public service uses and planned developments. In general, residential uses between six (6) and fourteen (14) dwelling units to the acre gross density are encouraged in this district. This district should be comprised of multi-family residences that meet these overall density requirements. A mixture of housing types is encouraged for all segments of the resident and visitor population. Limited accessory uses that serve the residential uses are allowed. Development should be architecturally consistent with the existing development in the Town and should be provided with both automobile and pedestrian access to public rights-of-way.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter.

a.

Single-family dwellings.

b.

Two-family dwellings.

c.

Structures and uses accessory to and on the same parcel and the primary dwelling unit which are in keeping with the residential character of the zone.

d.

Home occupations which meet the requirements as set forth in Section 16-4-70.

e.

Accessory dwelling units which meet the requirements as set forth in Sections 16-4-35 through 16-4-45.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Charter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted.

a.

Multi-family dwellings of up to eight (8) units per building based on density provisions found in subsection 16-3-130(5).

b.

Boarding, lodging or rooming houses.

c.

Nursery school, day nursery, kindergarten or similar child care facilities.

d.

Hotels, motels, inns or other similar uses.

e.

Churches.

f.

Public or private schools or colleges.

g.

Utility substations.

h.

Governmental structures or uses, including but not limited to recreation buildings, parks or playgrounds.

i.

Planned developments.

j.

Parking or storage uses accessory to a primary single-family use and located on an adjoining lot.

(4)

Lot size and width. Except as provided in Articles V and XIII, the minimum lot size and width shall be as follows:

a.

The minimum lot area shall be six thousand (6,000) square feet for a single-family dwelling.

b.

The minimum lot area shall be ten thousand (10,000) square feet for multi-family dwellings.

c.

The minimum lot width shall be sixty (60) feet, except for corner lots which shall have sixty-five (65) feet.

d.

The minimum lot width shall be eighty (80) feet for multi-family dwellings, including duplex uses.

(5)

Minimum site area per multi-family dwelling. The minimum site area per dwelling unit per net land area, excluding rights-of-way, publicly dedicated open space and wetlands, shall be as follows:

Table 16.1
RM Zone Minimum Site Area Flat Sites

The minimum site area per unit shall be adjusted upward by approximately ten percent (10%) for sites where grades, as determined by the Town, are above twenty percent (20%).

(6)

Yards. Except as provided in Articles V and XIII, yards shall be as follows.

a.

Front yards shall be a minimum of twenty (20) feet.

b.

Side yards shall be a minimum of ten (10) feet.

c.

Street side yards shall be a minimum of twenty (20) feet.

d.

Rear yards shall be a minimum of twenty (20) feet.

e.

Yards shall be landscaped as provided in Article VII below.

(7)

Lot coverage. All buildings shall not occupy more than forty-five percent (45%) of the lot area, including all accessory structures.

(8)

Open space. Multi-family dwellings shall provide usable private open space areas at a rate of two hundred (200) square feet per studio or one-bedroom unit, and three hundred (300) square feet for all units that are two (2) bedrooms in size or larger. Such space shall not occupy a required yard or parking area, shall provide a minimum dimension of ten (10) feet and must meet the definition for open space as provided in this Chapter.

(9)

Building heights. Except as provided in Articles V and XIII, no building shall exceed a height of thirty-five (35) feet.

(Ord. 19-96 §3.02; Ord. 10-00 §4; Ord. 02-02; Ord. 05-04 §4; Ord. 04-20 §14; Ord. 07-21 §8)

In a RH zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to provide areas suitable and desirable for multi-family dwellings with provisions for associated public service uses, in close proximity to the core area or lake. Residential developments between fifteen (15) and sixty-five (65) dwelling units per acre gross density are encouraged in this district. This district includes existing condominiums areas and other areas suitable for intensive residential uses. Related uses which serve the major residential use would be allowed subject to special review. This district is intended to encourage high quality intensive residential uses for both visitors and permanent residents. Developments should be designed to complement the surrounding areas and blend into the architectural character of the community.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter:

a.

Two-family dwellings on lots which are ten thousand (10,000) square feet in size or greater.

b.

Multi-family dwellings.

c.

Structures and uses accessory to and on the same parcel as the primary dwelling unit which are in keeping with the residential estate character of the zone.

d.

Home occupations which meet the requirements as set forth in Section 16-4-70.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted.

a.

Churches.

b.

Public or private schools or colleges.

c.

Utility substations.

d.

Hotels, motels, inns or other similar uses.

e.

Restaurants.

f.

Group homes.

g.

Governmental structures or uses, including but not limited to recreation buildings, parks or playgrounds.

h.

Nursery school, day nursery, kindergarten or similar child care facilities.

i.

Planned developments.

j.

Parking or storage uses accessory to a primary single-family use and located on an adjoining lot.

(4)

Lot size and width. Except as provided in Articles V and XIII, the minimum lot size and width shall be as follows:

a.

The minimum lot area shall be ten thousand (10,000) square feet for multi-family dwellings and all other uses.

b.

The minimum lot width shall be eighty (80) feet.

(5)

Yards. Except as provided in Articles V and XIII, yards shall be as follows.

a.

Front yards shall be a minimum of twenty (20) feet.

b.

Side yards shall be a minimum of ten (10) feet.

c.

Street side yards shall be a minimum of twenty (20) feet.

d.

Rear yards shall be a minimum of twenty (20) feet.

e.

Yards shall be landscaped as provided in Article VII.

(6)

Open space. Multi-family dwellings shall provide usable private open space areas at a rate of two hundred (200) square feet per dwelling unit. Such space shall not occupy a required yard or parking area, shall provide a minimum dimension of ten (10) feet, and must meet the definition of open space provided in this Chapter.

(7)

Building heights. The maximum building height shall be thirty-five (35) feet.

(Ord. 19-96 §3.02; Ord. 10-00 §5; Ord. 02-02; Ord. 05-04 §5; Ord. 03-17 §2; Ord. 04-20 §15)

In the CA zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to preserve and enhance areas within the commercial core of the community for concentrated retail sales and businesses that will serve the pedestrian shopper. This district is the retail, commercial and entertainment core of the community for both visitors and residents, with mixed-use upper level residential uses permitted. The intent is for this area to be a dominant retail and entertainment center, and thus more intensive development of the area is encouraged than elsewhere in the community. Core Area uses should be buffered from surrounding areas to minimize adverse impacts. The intent is to create a pedestrian environment with automobile access encouraged in the peripheral areas through parking lots or structures. Wholesale trade class 1 uses may be allowed as a conditional use upon a finding that the aesthetic, environmental and noise impacts to adjacent uses are minimal. Multi-family residential dwelling unit uses are allowed in this district as a permitted use if located above the ground floor level, or as a conditional use on the ground floor level if such conditional use is approved as part of a separate PUD application and approved PUD plan. Design, landscaping and signage should complement the intimate character of this area as a retail and entertainment center.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter:

a.

Hotels, motels, inns or other similar uses.

b.

Medical or dental clinic.

c.

Parking lots.

d.

Retail trade establishments such as food store, drug store, hardware store, clothing store or department store, and other similar retail stores catering to foot traffic.

e.

Business, governmental or professional office and financial institutions.

f.

Service, commercial and commercial amusement establishments, such as bowling alleys, theaters, restaurant, and tavern, excluding drive-in restaurants, automobile sales and service and gas stations.

g.

Personal and business service, such as barber shop and hair salon, tailoring shop and printing shop.

h.

Laundry and dry cleaning establishments.

i.

Second hand goods and antique stores.

j.

Multi-family dwelling units, provided that the units are located above any use permitted within the CA zone.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the requirements of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted.

a.

Governmental uses of land, including but not limited to recreation building, park, playground, fire station, library or museum.

b.

Wholesale trade class 1.

c.

Child care centers and child care facilities, except that they are not allowed within three hundred (300) feet of the Lake Dillon right-of-way.

d.

Club, lodge, fraternal organization.

e.

Business, trade schools, schools and colleges.

f.

Accessory uses to any permitted use in the CA zone, including but not limited to decks, patios, outdoor seating, outdoor food and beverage service, outdoor entertainment, temporary structures and playgrounds.

g.

Churches, except that they are not allowed within three hundred (300) feet of the Lake Dillon Drive right-of-way.

h.

Gymnasium.

(4)

Conditional uses in conjunction with a PUD. The following uses and their accessory uses may be permitted if in conformance with the requirements of this Chapter, subject to the provisions of Article IV, Division 2, and Article V, Divisions 1 and 2 , and after an appropriate review has been conducted.

a.

Multi-family dwelling units on the ground floor level.

(5)

Yards. Except as provided in Articles V and XII, no yards are required except that the Planning and Zoning Commission may require yards of various dimensions to protect the health, safety and welfare of the community, and a twenty-five (25) foot yard shall be required to any residential zone.

(6)

Building heights. Except as provided in Articles V and XII of this Chapter, no building shall exceed a height of fifty (50) feet.

(7)

Limitations on use.

a.

Wholesale trade class 1 uses shall not be allowed on Lake Dillon Drive unless such uses include a retail store or restaurant component which faces and fronts on the Lake Dillon Drive portion of the building containing the wholesale trade class 1 use.

(Ord. 03-17 §3; Ord. 04-20 §16)

Editor's note— Ord. 03-17 §3, adopted February 21, 2017, repealed the former §16-3-150, and enacted a new §16-3-150 as set out herein. The former §16-3-150 pertained to Core Area Retail (CA) Zone and derived from Ord. 19-96 §3.02; Ord. 02-02, Ord. 01-05 §1; Ord. 13-07 §1; Ord. 04-08 §5; Ord. 09-10 §1; Ord. 12-12 §§1, 2; Ord. 05-13 §§2, 3, 8; Ord. 01-14 §§1, 2.

In the C zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to provide areas suitable and desirable for a wide range of auto-oriented commercial and business uses in compact clusters adjacent to major thoroughfares. This district is intended as a commercial area containing retail, offices and personal service establishments. This area should serve automobile travelers, but should also be designed to allow pedestrian and bicycle access. Development in this district should not be strip commercial in nature, but should have internal circulation drawing traffic off the street. Individual access for individual uses is discouraged. Development is encouraged to promote high quality design, attractive landscaping and signage. Uses in this district should typically be those serving the traveling public or those that require a larger area than can be provided in the core area. Uses in this district should not necessarily compete with core area businesses, but should provide other services to the public.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter.

a.

Automobile services.

b.

Medical or dental clinic.

c.

Entertainment.

d.

Personal services.

e.

Offices.

f.

Restaurants.

g.

Retail stores.

h.

Hotels, motels, inns or other similar uses at a density established in the RH zoning district.

i.

Accessory uses to any permitted use in the C zone, including but not limited to decks; patios; outdoor seating; outdoor food and beverage service; outdoor entertainment; playgrounds; temporary structures; off-street parking or loading; drive-in windows; storage and display of nursery plants, shrubs or trees; and displays of new or used automobiles, trailers, trucks, boats or other mobile equipment.

j.

Retail marijuana stores in accordance with Chapter 6 of this Code.

k.

Medical marijuana centers in accordance with Chapter 6 of this Code.

l.

Retail marijuana hospitality and sales establishments in accordance with Chapter 6 of this Code.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted:

a.

Child care facilities.

b.

Churches.

c.

Multi-family dwelling units at the density established for dwelling units within the RM zone.

d.

Drive-in facilities.

e.

Wholesale trade class 1 and wholesale trade class 2.

f.

Pawnshops in Accordance with Chapter 6 of the Dillon Municipal Code and the following criteria:

i.

No Pawnbroker shall operate a business within three hundred (300) feet from the following uses: a Church; Land Zoned as Parks and Opens Space (POS); a residential zoning district, regardless of jurisdiction; a Residential Use, unless the residential use is within the Mixed Use (MU) or Commercial (C) zoning districts and it is not in the same building as a Pawnshop. Under no circumstances shall a Pawnshop be located in the same building as a residential use; and no Pawnshop shall be in the same building as a pediatrician's office or a building having rooms for boarding.

ii.

No Pawnbroker shall operate a business within one thousand (1,000) feet of: a school; a Child Care Facility or Child Care Center, except for a Child Care Facility or a Child Care Center operated as an approved Home Occupation in a Residential Zoning District; a College Campus, whether a primary campus or not; a correctional institution, rehabilitation center, or Halfway House; or a Public Housing Project owned and operated by a government agency.

iii.

Measurement of Setbacks: For the purposes of this Section, the distance between a Pawnshop and any of the restricted uses stipulated shall be measured as follows: without regard to intervening structures, objects or Town limits, from the closest property line of the structure in which the Pawnshop is located to the nearest property line of the other use.

g.

Uses compatible with, and which cause no adverse impact to, the neighborhood taking into account the nature, character and commercial uses existing at the time of application for conditional use within the district.

(4)

Residential uses. Residential uses shall only be allowed as conditional uses if they meet the following standards and criteria:

a.

The residential uses do not exceed forty percent (40%) of the square footage of the total project nor exceed fifty percent (50%) of the square footage of any one (1) building within a project.

b.

The residential uses are located either above the first floor or, if located on the first floor, do not occupy, in the determination of the Commission, a primary building facade, which is generally those facades that face the primary commercial parking lot intended to serve the project, or face public rights-of-way from which pedestrian access to the commercial or other approved primary uses is provided.

c.

The residential uses are provided with private yards or outdoor open space areas, a minimum of two hundred (200) square feet in size per unit, located immediately adjacent to the residential units. This may be on-grade or provided through the use of decks and/or balconies.

d.

Parking for the residential uses shall be distinct from any other parking on-site, shall be in a separate area whenever possible and shall be signed for the use of the residents only. No required residential parking may be off-site, nor shall its construction be deferred to a later date.

(5)

Yards. Except as provided in Articles V and XIII, yards shall be as follows:

a.

Front yards and street side yards shall be a minimum of twenty-five (25) feet.

b.

Yards abutting a residential zone shall be twenty-five (25) feet.

c.

Side yards shall be ten (10) feet.

d.

Rear yards shall be twenty (20) feet.

(6)

Building heights.

a.

Except as provided in Articles V and XIII, no building shall exceed a height of forty (40) feet.

b.

For all commercial development, including commercial development containing other approved uses, the site may be regraded to create building pads necessary for the logical development of the site. When such pads are created, they shall be utilized by the Town and the applicant to determine allowed building height. In no instance shall building pads be created that are not in keeping with the overall character of the surrounding neighborhood, nor shall a site be filled solely to raise the height of a building.

(7)

Limitations on use.

a.

Wholesale trade class 1 uses shall not be allowed on Lake Dillon Drive unless such uses include a retail store or restaurant component which faces and fronts on the Lake Dillon Drive portion of the building containing the wholesale trade class 1 use.

b.

Wholesale trade class 2 uses shall not be allowed on Lake Dillon Drive.

(Ord. 19-96 §3.02; Ord. 10-00 §7; Ord. 02-02; Ord. 12-12 §§3, 4; Ord. 05-13 §§4, 9; Ord. 13-14 §3; Ord. 10-15 §2; Ord. 12-19 §2; Ord. 04-20 §17; Ord. 01-21 §2; Ord. 02-25, §1)

In the MU zone, the following regulations shall apply:

(1)

Purpose. The purpose of the MU zone is to recognize areas that possess potential for several types of land use (residential, office, commercial) or combinations of different land uses. This district is intended as an area comprised of retail/office development with residential uses integrated as a secondary use. It is desired that a carefully planned clustering of these uses results in harmonious development. Mixed-use buildings or developments are desired, but single-use buildings are allowed.

(2)

Permitted uses. In the MU zone, the following uses and their accessory uses are permitted, and may be allowed by the Town when in conformance with the provisions of this Code and approved utilizing the processes outlined in this Code:

a.

Retail stores.

b.

Offices.

c.

Multi-family residential units in mixed-use developments when in compliance with the provisions of Subsection (5) below.

d.

Child care facilities.

e.

Medical or dental offices or clinics.

f.

Entertainment facilities.

g.

Hotels, motels or inns.

h.

Personal services.

i.

Restaurants.

j.

Retail marijuana stores in accordance with Chapter 6 of this Code.

k.

Medical marijuana centers in accordance with Chapter 6 of this Code.

l.

Retail marijuana hospitality and sales establishments in accordance with Chapter 6 of this Code.

(3)

Conditional uses. In the MU zone, the following uses and their accessory uses may be permitted if in conformance with the intent of this Code, subject to the provisions of Article IV, Division 2 of this Chapter, and after an appropriate review has been conducted:

a.

Churches.

b.

Drive-in facilities, in conjunction with any permitted use.

c.

Group homes.

d.

Public uses.

e.

Planned developments.

f.

Wholesale trade class 1.

g.

Uses compatible with, and which cause no adverse impact to, the neighborhood taking into account the nature, character and commercial uses existing at the time of application for conditional use within the district.

(4)

Lot size and width. Except as provided in Articles V and XIII of this Chapter, the minimum lot size and width in the MU zone shall be as follows:

a.

The minimum lot area shall be ten thousand (10,000) square feet for all uses.

b.

The minimum lot width shall be eighty (80) feet.

(5)

Multi-family supplemental standards within the MU Zoning:

a.

Single-family uses: not allowed in any situation.

b.

Duplex uses: not allowed in any situation.

c.

Multi-family residential standards:

1.

Residential uses in the Mixed Use zone shall be reviewed through the Level IV Development Permit process as set forth in this Code.

2.

Except as provided in subsection 16-3-170(5)c.3., below, multi-family residential uses are only allowed as a permitted use if developed in conjunction with a retail store, entertainment use, medical or dental clinic, restaurant or office use, or similar use. The multi-family residential use shall not exceed eighty percent (80%) of the total gross square footage of a building, or a combination of buildings on any one (1) lot at any one (1) time, except as provided in subsection 16-3-170(5)c.3., below.

3.

A project developed through the PUD process with up to one hundred percent (100%) multi-family residential use may be approved, provided that the PUD development plan furthers the objectives of the Town, the PUD is in general conformity with the adopted Comprehensive Plan, and is designed to complement the surrounding areas, blend into the architectural character of the community, and meet the criteria set forth in Article V of this Chapter and the multi-family residential standards of this Section.

4.

Parking for the multifamily residential uses shall be distinct from any other parking on-site, shall be in a separate area (separate from the retail/office/etc. parking) whenever possible and shall be signed for the exclusive use of the residents.

5.

The multi-family residential uses are provided with private yards or common outdoor open space. This standard may be met by providing an area either on-grade, or through the use of decks and/or balconies.

6.

The commercial component of a project should occupy a primary commercial street frontage.

7.

The project provides pedestrian and vehicle connectivity between the residential and commercial uses of the project and surrounding areas.

8.

The relationships of scale and connectivity with the community and the surrounding developments are appropriately addressed in the design of the project.

9.

Residential use projects in the Mixed Use Zone shall provide units for year-round workforce housing incorporated into the project, and the applicant for the residential use shall execute such agreements with the Town as required by the Town to preserve the workforce housing component of the project in perpetuity, including, but not limited to, a Restrictive Covenant and Agreement for Workforce Housing.

(6)

Yards. Except as provided in Articles V and XII of this Chapter, in the MU zone, yards shall be as follows:

a.

Front yards shall be a minimum of twenty-five (25) feet.

b.

Side yards shall be a minimum of ten (10) feet.

c.

Street side yards shall be a minimum of twenty (20) feet.

d.

Rear yards shall be a minimum of twenty (20) feet.

e.

Yards that abut a residential district shall be a minimum of twenty-five (25) feet.

(7)

Lot coverage. In the MU zone, all buildings shall not occupy more than forty percent (40%) of the lot area, including all accessory structures.

(8)

Open space. In the MU zone, multi-family dwellings shall provide usable open space areas at a rate of fifty (50) square feet per studio or one-bedroom unit, and one hundred (100) square feet for each of the units that are two (2) bedrooms in size or larger. Such space shall not occupy a required yard, snow storage area or parking area, and must meet the definition for open space as provided in this Chapter. Open space areas may be combined into a larger common open space area for each building.

(9)

Building heights. Except as provided in Articles V and XII of this Chapter, no building shall exceed a height of thirty-five (35) feet.

(Ord. 03-17 §4; Ord. 02-18 §1; Ord. 12-19 §3; Ord. 04-20 §18; Ord. 01-21 §3; Ord. 02-25, §2)

In the POS zone, the following regulations shall apply:

(1)

Purpose. This district includes existing parks and open space, and land with major geologic constraints. It also includes facilities such as the marina, amphitheater and the Town administrative offices. Development and expansion of recreational facilities and ancillary retail uses in the marina area are allowed. A hotel would be allowed in the marina area under special use review. Additions to the other facilities located in this district are compatible with this category, but no major new uses or additions would be compatible if they adversely impacted parks and recreational uses. The intent is to protect open areas while allowing the expansion of special uses that are consistent with open space areas.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter.

a.

Public parks and recreational uses.

b.

Marina.

c.

Town-permitted markets, festivals and events that allow for the sale to the general public of food, beverages, farm products and arts and crafts products on a temporary basis by a variety of vendors.

d.

Accessory uses.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted.

a.

Child care facilities if integrated into a planned marina development.

b.

Cemeteries.

c.

Entertainment uses if integrated into a planned marina development.

d.

Hotel or motel if integrated into a planned marina development, at the same density as allowed in the MU zone.

e.

Restaurants if integrated into a planned marina development.

f.

Retail stores if integrated into a planned marina development.

g.

Golf courses.

(4)

Yards. All yards shall be determined by a special review of the Planning and Zoning Commission.

(5)

Building heights. Except as provided in Articles V and XIII, no building shall exceed a height of thirty (30) feet.

(Ord. 19-96 §3.02; Ord. 02-02; Ord. 02-13 §1; Ord. 04-20 §19)

In a PF zone, the following regulations shall apply:

(1)

Purpose. The purpose of this zone is to provide areas suitable and desirable for governmental entities and service provider uses and facilities necessary to meet the service needs and demands of the public.

(2)

Permitted uses. The following uses and their accessory uses are permitted and may be allowed by the Town when in conformance with the provisions of this Chapter.

a.

Governmental and public service provider buildings, structures and uses necessary for the provision of utility system services to the public, which shall not include those uses or other similar uses listed in Subsection (3) below.

b.

Structures and uses accessory to the primary use of the site.

(3)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted:

a.

Electric substations and gas regulator stations.

b.

Fire stations, police stations and telephone exchange buildings.

c.

Caretaker units in association with the principal use of the property, at a density of not more than one (1) caretaker unit per five (5) acres of land area, with the exception that the first caretaker unit will be allowed for any property containing one (1) acre or more.

(4)

Lot size and width. The minimum lot area shall be twenty thousand (20,000) square feet, and the minimum lot width shall be sixty (60) feet.

(5)

Yards. Except as provided in Articles V and XIII, yards shall be as follows:

a.

Front yards shall be a minimum of twenty (20) feet.

b.

Side yards shall be a minimum of eight (8) feet.

c.

Street side yards shall be a minimum of twenty (20) feet.

d.

Rear yards shall be a minimum of twenty (20) feet.

Where a required yard abuts a residential zone, the minimum yard requirement shall be increased by fifty percent (50%), and the yard shall be provided with landscaping in combinations with fencing or other appropriate improvements that effectively screen the proposed use from the adjoining residentially zoned property.

(6)

Lot coverage. All buildings shall not occupy more than forty percent (40%) of the lot area, including all accessory structures.

(7)

Building heights. Except as provided in Articles V and XIII, no building shall exceed a height of thirty-five (35) feet.

(8)

Performance standards. All buildings, structures and uses proposed shall be designed and operated to meet the following performance standards:

a.

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same property as the tanks or drums of fuel are excluded from this provision.

b.

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such storage facilities from adjacent properties.

c.

No materials or waste shall be deposited upon a property in such form or manner that they may be transferred off the property by natural means or forces such as rain, wind or runoff.

d.

Every use shall be operated in a manner so it does not emit any obnoxious or dangerous degree of heat, glare, radiation, fumes, smoke or noise beyond the property lines of the property on which the use is located.

(Ord. 19-96 §3.02; Ord. 02-02; Ord. 04-20 §20)

(a)

In the UR zone, the following regulations shall apply:

(1)

Purpose. This district was originally intended to provide a zoning district for properties annexed by the Town that would not be developed for some time. It is anticipated that properties zoned UR will be rezoned in the future to a zoning district consistent with the Comprehensive Plan, and developed under a different zoning classification. Prior to that time, existing uses may be allowed limited expansion subject to the conditional use process, but no new uses will be allowed prior to rezoning or approval as a PUD.

(2)

Permitted uses. None.

(3)

Conditional uses. The following uses and their accessory uses may be permitted when authorized in accordance with Article IV, Division 2, and after a public review has been held:

a.

Cemeteries.

b.

Public uses.

c.

Additions and accessory uses to any existing use.

d.

Single-family dwellings on lots equal to or greater in size than five (5) acres.

(4)

Planned development. All other projects shall either be proposed as planned developments and uses, densities and all other design standards established as a component of the PUD process in compliance with the Comprehensive Plan, or processed as zone changes, placed in the appropriate zoning districts and developed under the provisions of the appropriate zone.

(5)

All yards, building heights and dimensional requirements not specifically established here shall be the same as for lots within the RE zone over forty thousand (40,000) square feet in size.

(b)

The Comprehensive Plan shall be used as the basis for any reviews within this district.

(Ord. 19-96 §3.02; Ord. 02-02; Ord. 04-20 §21)

(a)

In the MOZ, the following regulations shall apply:

(1)

Purpose. The purpose of the MOZ is to overlay the underlying zone districts (POS and UR) in recognition of existing and potential uses appropriate to the Dillon Marina.

(2)

Overlay. All provisions of the underlying zoning district over which the MOZ is located shall continue to apply unless varied or waived by the provisions of this Section. The requirement in the UR zone, Section 16-3-200(4), that projects must be proposed as planned developments (PUDs), or processed as zone changes, shall not apply to UR properties overlaid by the MOZ.

(3)

Permitted uses. In the MOZ, the following uses and their accessory uses are permitted, and may be allowed by the Town when in conformance with the provisions of this Code and approved utilizing the processes outlined in this Code:

a.

Marina.

b.

Yacht clubs.

c.

Restaurants, snack bars, food vendors, and bars.

d.

Meeting room or event space associated with a restaurant.

e.

Parking and parking structures.

f.

Maintenance and service facilities.

g.

Rental and retail facilities.

h.

Concessions and concessionaires.

i.

Events, entertainment, and recreational uses.

j.

Accessory uses and structures to include but not to be limited to schools and activities associated with watercraft, knots, weather, nature, wildlife, ice or snow sports, wind sports, kite sports, or other similarly associated activities; storage; boat washing and Aquatic Nuisance Species (ANS) treatment services; restrooms and shower facilities; sanitary sewer lift stations; waste and recycling receptacles and enclosures; docks; moorings; lifts and cranes; launch ramps; racks; mast steps; fueling facilities and fuel sales; and outdoor recreation.

(4)

Conditional uses. The following uses and their accessory uses may be permitted if in conformance with the intent of this Chapter, subject to the provisions of Article IV, Division 2, and after an appropriate review has been conducted:

a.

Childcare facility, if integrated into a planned marina development.

b.

Hotel/motel, if integrated into a planned marina development.

c.

Two-family dwelling, for employees of the marina only.

(Ord. 11-23 §1)

(Ord. 05-13 §6; Ord. 13-14 §5; Ord. 10-15 §3; Ord. 12-19 §4; Ord. 11-23 §2)

Marina Overlay Zone District Map

(Ord. 11-23 §3(Exh. A))