Cornices, canopies, eaves or similar architectural features may extend into a required setback not more than two (2) feet. Fire escapes may extend into a required rear yard not more than six (6) feet.

(Ord. 19-96 §4.01)

(a)

Temporary uses of land may be permitted in any zoning district, subject to the requirements of this Section and to other applicable regulations of the zoning district in which the use is permitted.

(b)

The purpose of this Section is to authorize temporary structures to house temporary uses. Except for in connection with events for which the organizer has been issued a special event permit, no temporary structure shall be erected or placed within the Town until a temporary use permit has been approved in accordance with the provisions of this Section.

(c)

No temporary use permit shall be issued until an application has been submitted along with the applicable fee, set by ordinance or resolution of the Town Council, and until such application has been approved in accordance with this Section.

(d)

It shall be unlawful for any person to occupy or use, or allow to be occupied or used, any structure for which the temporary use permit has expired or is otherwise no longer valid.

(e)

A temporary use permit shall not be granted for a use except upon a finding that the use and structure will, during the time of its existence:

(1)

Be compatible with the surrounding uses and community facilities.

(2)

Not be detrimental to or constitute a danger to the health, safety and welfare of the citizens of the Town.

(3)

Conform in all other aspects to the applicable zoning regulations and standards, except as specifically modified for the temporary use during the time it is permitted.

(4)

Conform in all aspects to applicable building and fire safety regulations and standards adopted by the Town.

(5)

Leave the site, following the temporary use, in a state that is capable of being restored to a satisfactory condition.

(f)

The temporary use shall be compatible with the zone district in which it is located.

(g)

No temporary structure may be used for human habitation.

(h)

A temporary use permit may be approved by the Town Manager for a period not to exceed one hundred and eighty (180) days.

(i)

Once an application for a temporary use permit has been deemed complete by the Town Manager, it shall be routed to Town staff and referral agencies for review and comment as determined appropriate by the Town Manager. The Town Manager may order inspections by the fire authority and building department, as applicable, and may condition any temporary use permit to ensure compliance with applicable building and fire safety regulations.

(j)

The applicant has the burden of demonstrating that the parking needs of the use are adequately accommodated.

(k)

Hard-surface all-weather ingress and egress, as approved by the Town Engineer, shall be provided.

(l)

The temporary use shall provide adequate trash containers, and all trash, rubbish and waste shall be completely contained on the site and removed daily.

(m)

Any signage provided in connection with the temporary use shall comply with the sign provisions of this Chapter.

(n)

Reasonable conditions or modifications may be imposed upon the granting of a temporary use permit not inconsistent with this Chapter.

(o)

The applicant shall obtain such other permits as may be required by applicable local, state or federal law, prior to occupying or using the temporary structure, or allowing the temporary structure to be occupied or used.

(Ord. 04-20 §3)

Editor's note— Ord. No. 04-20, § 3, adopted March 3, 2020, repealed § 16-4-20 and enacted a new § 16-4-20. The former § 16-4-20 pertained to the use of temporary structures and derived from Ord. 19-96 and Ord. 02-02.

No part of an area required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width for another lot, except as part of a planned unit development.

(Ord. 19-96 §4.03)

(a)

No person shall construct, operate, or hold out for rent an accessory dwelling unit in, or on a lot containing, a townhouse or multi-family dwelling, structure, or complex.

(b)

Except as provided in Subsection (d), no person shall construct, operate, or hold out for rent an additional accessory dwelling unit in any primary dwelling unit, or on any lot, already containing an accessory dwelling unit.

(c)

No person shall construct, operate, or hold out for rent an accessory dwelling unit in a single-family dwelling without first complying with the applicable requirements of Sections 16-4-40 and 16-4-45.

(d)

No person shall construct, operate, or hold out for rent an accessory dwelling unit in a primary dwelling unit of a duplex without first complying with the applicable requirements of Sections 16-4-40 and 16-4-45.

(e)

No person shall construct, operate, or hold out for rent an accessory dwelling unit above a freestanding or attached garage on a lot containing a single-family dwelling or duplex, without first complying with the applicable requirements of Sections 16-4-40 and 16-4-45.

(f)

No person shall construct, operate, or hold out for rent an accessory dwelling unit in an accessory structure other than a freestanding or attached garage, unless such person first complies with the applicable requirements of Sections 16-4-40 and 16-4-45.

(g)

No person shall construct, operate, or hold out for rent an accessory dwelling unit in any structure not affixed to a permanent foundation meeting the requirements of the building code. This prohibition includes, without limitation, tough sheds, storage sheds, and recreational vehicles.

(h)

No person shall construct, operate, or hold out for rent an accessory dwelling unit on any lot zoned Commercial (C), Core Area (CA), Mixed Use (MU), Residential High Density (RH), Parks and Open Space (POS), or Urban Reserve (UR).

(i)

Nothing in this Section shall prohibit a property owner from offering a room for rent in a residential structure; provided that, such room for rent shall not be locked off from the remainder of the residential structure, or contain kitchen facilities.

(Ord. 07-21 §3; Ord. 04-22 §1)

Prior to constructing, operating, or holding out for rent an accessory dwelling unit in any permitted structure or on any permitted lot, the property owner must first submit an application for a Level II Development Permit, which application shall include the following items:

(1)

A site plan with dimensions showing the location, size, access, and configuration of the proposed accessory dwelling unit;

(2)

A floor plan with dimensions showing the accessory dwelling unit's bedroom(s), bathroom(s), and kitchen as well as the egress location(s);

(3)

A parking plan with dimensions showing two (2) additional parking spaces to serve the proposed accessory dwelling unit and indicating the snow storage location for the additional parking spaces;

(4)

A letter from the jurisdictional owners' association consenting to the proposed accessory dwelling unit, if applicable;

(5)

If the accessory dwelling unit is proposed for construction in a primary dwelling unit of a duplex, or for a garage or accessory structure sitting on the same lot of a duplex, a letter from the property owner's party wall neighbor consenting to the accessory dwelling unit; consent from one (1) party wall neighbor shall be deemed the mutual consent of each owner to an accessory dwelling unit in each primary dwelling unit of the duplex. The Town may require any property owner to execute a consent agreement, on forms provided by the Town, to be recorded in the Summit County property records to ensure the property owner's consent runs with the land; and

(6)

If the accessory dwelling unit is proposed for construction in an accessory structure other than a freestanding or attached garage, satisfactory proof that the accessory structure will be:

a.

Affixed to a permanent foundation;

b.

No greater than six hundred (600) square feet in size; and

c.

Set back at least thirty (30) feet from all lot lines.

(Ord. 07-21 §4)

Editor's note— Ord. 07-21 §4, adopted May 4, 2021, repealed § 16-4-40 and enacted a new § 16-4-40 as set out above and later amended. Former § 16-4-40 pertained to accessory apartments and secondary units and derived from Ord. 19-96 §4.04 and Ord. 07-10 §32.

(a)

The Development Review Committee reviewing the Level II Development Permit application shall deny an application for a proposed accessory dwelling unit under the following circumstances:

(1)

The proposed accessory dwelling unit is prohibited under Section 16-4-35;

(2)

Failure of the property owner to receive written consent from the jurisdictional owners' association, if applicable;

(3)

For accessory dwelling units proposed for a primary dwelling unit of a duplex, failure of the property owner to receive consent of the party wall neighbor;

(4)

For accessory dwelling units within a single-family dwelling unit or primary dwelling unit of a duplex, the habitable portion of the proposed accessory dwelling unit exceeds one-third (1/3) the size of the heated living area of the applicable primary dwelling unit;

(5)

For an accessory dwelling unit proposed for construction in an accessory structure other than a freestanding or attached garage, failure to provide satisfactory proof that the accessory structure will be:

a.

Affixed to a permanent foundation meeting the requirements of the building code;

b.

No greater than nine hundred (900) square feet in size; and

c.

Set back at least thirty (30) feet from all lot lines.

(6)

The proposed design is incompatible with the neighborhood and the principal structure; and

(7)

The application fails to provide for two (2) additional parking spaces with sufficient snow storage.

(b)

If the proposed accessory dwelling unit is approved by the Development Review Committee in accordance with subsection (a), then prior to certificate of occupancy for the accessory dwelling unit, and before the accessory dwelling unit may be offered for rent, the property owner shall:

(1)

Pay all required water and sewer tap fees required pursuant to Chapter 13 of this Code; provided that, if the accessory dwelling unit is proposed for incorporation into a structure that has not yet been constructed, the Town Manager in the Town Manager's sole discretion may require water and sewer tap fees to be paid prior to issuance of a building permit for the new structure;

(2)

Pass a final inspection by the building department to ensure the accessory dwelling unit meets all applicable building and fire code requirements;

(3)

Enter into a restrictive covenant with the Town that, when recorded, will prevent the accessory dwelling unit from being subdivided or sold separately from the lot or the primary dwelling unit;

(4)

Enter into a deed restriction with the Town that, when recorded, will prevent the accessory dwelling unit from being utilized as a short-term rental, meaning the unit may not be rented for periods of fewer than six (6) months; provided, however, that the Town Manager in the Town Manager's sole discretion may waive the minimum lease length requirement for good cause shown, which may include without limitation leases to traveling nurses, project contractors, and seasonal workers, so long as the occupant will work at a business located in Summit County an average of at least thirty (30) hours per week during the term of the occupant's lease; and

(5)

If the accessory dwelling unit is proposed for construction in an accessory structure other than an existing freestanding or attached garage, provide an Improvement Location Certificate so that the Town may confirm compliance with the setback provisions of this Article.

(c)

The property owner shall submit a copy of the certificate of occupancy for the accessory dwelling unit to the Town Planner within thirty (30) days of the owner's receipt of the same.

(Ord. 07-21 §5; Ord. 04-22 §2)

(a)

The Town Manager is authorized to order an inspection by the Building Official of any premises on which the Town Manager has reasonable cause to believe that any person has constructed, is operating, or holding out for rent an accessory dwelling unit in violation of this Article.

(b)

If the Town Manager orders an inspection in accordance with Subsection (a), the owner of the premises shall allow the Building Official entry to the premises during business hours upon reasonable notice of the inspection. If the Building Official is denied entry, or if the owner is not present for the inspection so as to grant the Building Official entry, the Building Official shall have all remedies at law to gain entry to the premises.

(c)

The Building Official shall inspect the premises for building, fire, and life safety issues; and for any fixtures, improvements, or personal property relevant to whether the owner has constructed, is operating, or holding out for rent an accessory dwelling unit in violation of this Article. The Building Official shall prepare an inspection report for evaluation by the Town Manager.

(d)

Upon receipt of the inspection report, the Town Manager shall determine, based on the totality of the circumstances, whether there exists on the subject premises an accessory dwelling unit in violation of this Article. In coming to such determination, the Town Manager shall consider all information relevant to whether a portion of the premises is designed to be used as a complete dwelling unit, independent from the primary unit, with permanent provisions within the unit for cooking, eating, sanitation, and sleeping.

(e)

Subsection (d) notwithstanding, a premises without a Town-approved ADU shall be considered in violation this Article if two (2) kitchens are discovered on such premises. For purposes of this Section, "kitchen" means a distinct area containing kitchen facilities.

(f)

The Town Manager shall promptly provide the property owner with written notice of the Town Manager's determination. If the Town Manager determines the property owner has constructed, is operating, or holding out for rent an accessory dwelling unit in violation of this Article, then the written notice shall include:

(1)

The violation or violations applicable to the premises and property owner;

(2)

An order that the violation or violations must be remedied within a reasonable amount of time;

(3)

Information regarding how the violation or violations may be remedied for Code compliance;

(4)

The enforcement action the Town plans to take if the violation or violations are not remedied within the time specified; and

(5)

The property owner's right to appeal the Town Manager's determination that the property owner has constructed, is operating, or holding out for rent an accessory dwelling unit in violation of this Article.

(g)

The property owner in receipt of the Town Manager's written notice may appeal the Town Manager's determination to the Planning Commission pursuant to Section 16-1-130 of this Code. Failure of the property owner to comply with the requirements of Section 16-1-130 within ten (10) days of the date of the written notice shall constitute a waiver of the property owner's right to appeal the Town Manager's determination, and the Town Manger's determination and pursuant orders shall be deemed final.

(h)

Failure of any person to comply with a final order of the Town Manager pursuant to this Section shall constitute a violation of this Code punishable under the general penalty provisions of Chapter 1, Article IV. In addition, the Town Manager shall have all remedies in this Code, at law, and in equity to enforce Section 16-4-35 through Section 16-4-48 of this Article.

(Ord. 07-21 §6; Ord. 04-22 §3)

Fences, hedges and walls may be permitted in the required setback in all zoning districts subject to the following conditions:

(1)

Fences or walls may not be placed in any public rights-of-way.

(2)

No fence, wall or hedge shall be constructed or maintained in a front setback that exceeds forty-two (42) inches in height from ground level.

(3)

No fence shall be permitted to exceed seven (7) feet in height in all other yards, except as herein set forth.

(4)

No fence, hedge or wall shall be constructed that obstructs the view for motorists. Any fence or wall to be constructed within thirty (30) feet of a corner of public or private streets shall be submitted to the Town for review to determine maximum height and placement as a Class IV application.

(5)

No barbed wire or other sharp-pointed metal fence shall be permitted, except as topping for industrial type fencing on nonresidentially zoned property, and no barbed wire or similar fencing material shall be located closer than six (6) feet from the ground.

(6)

No electrically charged fence shall be erected in the Town.

(Ord. 19-96 §4.05)

(a)

New development.

(1)

Except as provided in Subsection B, all development projects undertaken following the effective date of the ordinance codified herein must provide at least one (1) permanent waste receptacle and one (1) permanent recycling receptacle of a size, scale, and capacity sufficient to accommodate the development and its occupants on site, whether attached to or detached from the principal structure on the site.

(2)

Waste and recycling receptacles installed as part of new development projects must be fully contained within a single enclosure, on the subject development property, that meets the design specifications set forth in Section 16-8-75. However, properties providing more than two (2) receptacles, may construct more than one (1) enclosure if not prevented by other provisions of this Code.

(3)

Enclosures may be attached to or detached from the principal structure on the site; except that, enclosures associated with large commercial structures shall, to the greatest extent practicable, incorporate the enclosure into the primary structure.

(4)

Enclosures must be sited such that they are not a dominant feature on the frontage of the property.

(5)

All restaurant developments shall include adequate space for a commercial grease receptacle, appropriately sized for the restaurant(s) activities, within the trash and recycling enclosure and said enclosure should be located as close to the kitchen service door as practicable.

(6)

Trash and recycling storage enclosures or structures meeting the definition set forth in Section 16-1-200 for accessory structure, will be classified as such. Enclosures not meeting such definition will be classified as primary uses.

(b)

Permissive waiver.

(1)

The Town Council may, but is not required to, waive the requirement, set forth in Subsection A, that each new development must provide at least one (1) permanent waste receptacle and one (1) permanent recycling receptacle on site, if and only if the applicant for new development:

a.

Demonstrates to the Town Council's satisfaction that the new development project will be adequately served by permanent waste and recycling receptacles located on an adjacent property that are of a size, scale, and capacity sufficient to accommodate waste and recycling from the new development, including its future occupants, in addition to all existing developments and occupants being served by such waste and recycling receptacles; and

b.

Enters into an agreement with the Town and such adjacent property owner or owners setting forth:

i.

The right of the applicant developer to use existing permanent waste and recycling receptacles located on an adjacent property;

ii.

The applicant developer's obligation to the Town, and permission from the adjacent property owner or owners, to construct an enclosure to contain such receptacles meeting the requirements of this Article, including but not limited to the design specifications set forth in Section 16-8-75, within a reasonable timeframe as determined by the Town;

iii.

A reasonable allocation of responsibilities for maintaining, repairing, replacing, and removing such permanent waste and recycling receptacles and enclosure, and for keeping the receptacles and enclosure clean and clear of snow and ice, refuse, and other obstructions; provided that, the Town shall not be liable for any such responsibilities, and all parties to the agreement, except the Town, shall be jointly and severally liable to the Town for such responsibilities;

iv.

The applicant developer's agreement to bind itself and its heirs, successors, tenants, and assigns to all applicable requirements of the agreement and this Article, and the right of the Town to record the agreement such that it will run with the land, and bind and inure to the benefit of the Town the applicant developer and the applicant developer's heirs, successors, tenants, and assigns;

v.

The applicant developer's acknowledgment and agreement that the permissive waiver may be revoked by written order of the Town Council upon the failure of the applicant developer or any of its tenants to comply with the agreement or any applicable provision of this Article, in which case the applicant developer will be required to fully comply with Subsection A of this Section within the number of days set forth in such written order; and

vi.

A requirement that the applicant developer furnish and maintain with the Town a good and sufficient surety in the amount of twenty-four thousand dollars ($24,000.00) to secure compliance with the maintenance and other applicable provisions of the agreement and this Article, which may be drawn upon by the Town should the Town determine it necessary to perform or cause to be performed any obligation of the applicant developer established in the agreement or this Article.

2.

For purposes of this Section, the term "applicant developer" shall be deemed to include the applicant developer's heirs, successors, tenants, and assigns.

(c)

Permits required. Notwithstanding anything in this Code to the contrary, it is unlawful for any person to construct, or cause to be constructed, a waste and recycling enclosure without having first obtained a valid development permit and building permit. Permits shall be obtained for the construction, demolition, reconstruction, adding a roof to or reroofing, and structural maintenance of a trash and recycling enclosure.

(d)

Enclosure maintenance requirements; existing and new.

(1)

All enclosures shall be structurally sound, maintained in good condition and repair, kept clear of snow and ice, and kept clean at all times by the owner of the subject property.

(2)

Any enclosure that is determined by the Town to be in disrepair or pose a hazard to safety, health, or public welfare, shall be deemed a nuisance, and the Town shall have each of the remedies set forth in Chapter 7 of this Code determined necessary to abate such nuisance (e.g., cleaning, repair, maintenance, or removal and replacement), including the authority to abate the nuisance, following the owner's failure to do so on its own during the applicable notice period, and charge the property owner for the full cost of the work, which if unpaid will become a lien upon the respective property. The foregoing remedy may be exercised in addition to the Town's exercise of any other remedies set forth in this Code.

(Ord. 01-24 §1)

(a)

Site lighting. Any outdoor lighting used for the illumination of parking areas, off-street loading areas, recreation areas or any other purpose shall be arranged in such a manner as to meet the following standards:

(1)

Lights shall be shielded so beams or rays of light will not shine directly onto surrounding residential properties, and all light fixtures, except for those in the CA zone which match the Town's lighting standards, shall be designed so the light source shall be shielded by the fixture.

(2)

Neither direct nor reflected light from any source may be allowed that may create a traffic hazard to operators of motor vehicles on public streets.

(3)

No colored lights may be used which may be confused or construed as traffic control devices.

(4)

No beacon lighting, blinking, flashing or fluttering lights or other illuminated device such as a changing light intensity, brightness or color may be permitted in any district, except for temporary holiday displays.

(5)

No light sources shall exceed twenty (20) feet in height, except where placed on a building to illuminate portions of the building, or within parking lots of greater than twenty (20) parking spaces, where the maximum height may not exceed twenty-eight (28) feet.

(b)

Building lighting. Any lighting used on a building shall conform to the following standards:

(1)

No light source shall be designed in a manner where it is not shielded in by the light fixture. Recessed lighting is preferred.

(2)

No building or building element shall be outlined or framed by lights to highlight the building or any portion of the building, such as the use of neon tubing or other similar light fixture on a permanent basis.

(3)

Building elements may be highlighted with decorative lighting such as Christmas lights that are intended to be utilized on a temporary basis.

(4)

No light source may be placed higher than the eave line of the building.

(Ord. 19-96 §4.06; Ord. 10-00 §6)

Home occupations shall be allowed as an accessory use, provided that all of the following conditions are met. An application for a home occupation shall be reviewed as a Level I application:

(1)

Such use shall be conducted entirely within a dwelling and carried on by the inhabitants living there.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

(3)

The total area used for such purposes shall not exceed forty percent (40%) of the floor area of the user's dwelling unit.

(4)

There shall be no exterior advertising other than a nameplate placed on the house that does not exceed one and one-half (1.5) square feet in size, and is not lit in any manner.

(5)

There shall be only incidental sale of stocks, supplies or products conducted on the premises.

(6)

There shall be no exterior storage on the premises of materials or equipment used in the home occupation.

(7)

There shall be no offensive noise, vibration, dust, smoke, odors, heat or glare noticeable at or beyond the property line.

(8)

No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.

(9)

A home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met: art studio, dressmaking or other millinery work, professional office, office for insurance or real estate sales, and teaching.

(10)

Ordinarily a home occupation shall not be interpreted to include the following: clinic, hospital, nursing home, restaurant or retail shop.

(Ord. 19-96 §4.07; Ord. 07-10 §33)

A nonconforming use may be continued, and a nonconforming building may continue to be occupied, except as otherwise provided for in this Section.

(1)

Change of use. A nonconforming use may be changed to any conforming use or to any use of a more restrictive classification.

(2)

Abandonment of use. If active and continuous operations are not carried on in a nonconforming use during a continuous period of one (1) year, the building, other structure or tract of land where such nonconforming uses previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

(3)

Restoration of buildings. A nonconforming building or a building containing a nonconforming use which has been damaged by fire or other causes not under the control of the owner may be restored to its original condition, provided that such work is started within six (6) months of such calamity and completed within one (1) year of the time restoration is commenced.

(4)

Alteration of a nonconforming building or structural changes. A nonconforming building may be structurally altered, repaired or enlarged in any way permitted by these regulations, provided that no alterations, repairs or enlargements shall be made in a nonconforming building which would increase the degree of nonconformity with the location and bulk requirements of this Chapter. Any building or structure containing a nonconforming use or any nonconforming building or portion thereof declared unsafe by the Building Inspector may be strengthened or restored to a safe condition.

(Ord. 19-96 §4.08)

(a)

Authorization. Through this Section, the limited transfer of density is authorized within the Town when such transfer is in compliance with the provisions of this Chapter.

(b)

Development permit required. Any person desiring to transfer density from one (1) lot or parcel of real property within the Town to another such lot or parcel must obtain a permit authorizing and approving such transfer, and any transfer of density except in compliance with the provisions of this Section shall be null and void.

(c)

Application. An application for a development permit to transfer density shall by classified and processed as a Level III application, unless the Town Manager determines that such application shall be classified as a Level IV application. An application shall be made on forms provided by the Town, and, notwithstanding the requirements of Article II of this Chapter, such application shall include the following information:

(1)

The legal description of the proposed receiving parcel.

(2)

The legal description of the proposed sending parcel.

(3)

The amount of density which existed on the proposed receiving parcel at the time of the submission of the application.

(4)

The amount of density which existed on the proposed sending parcel at the time of the submission of the application.

(5)

The amount of density proposed to be transferred from the sending parcel to the receiving parcel.

(6)

An explanation, including conceptual site plans, of how the transferred density will be used on the proposed receiving parcel.

(7)

Such other information as may be requested by the Town Manager concerning the proposed transfer.

(d)

Approval criteria. In determining whether to approve or deny an application to transfer density, the Town shall utilize the following guidelines or that allowed by the applicable zoning district: No density shall be transferred if the increase in density of the receiving parcel: 1) will conflict with the applicable design standards of this Code; 2) will result in incompatible density with the land areas surrounding the receiving parcel; 3) will exceed the carrying capacity of the receiving parcel or the public infrastructure serving the land area surrounding such parcel; or 4) will increase the density of the receiving parcel by ten percent (10%) or more, except as a component of a PUD where additional density may be allowed.

(e)

Density transfer covenant. If an application to transfer density is approved, the transfer shall be evidenced by a written covenant which shall be in a form and substance acceptable to the Town Attorney. Such covenant shall provide: 1) the amount of density transferred; 2) the total amount of density remaining on the sending parcel; 3) the new total amount of density on the receiving parcel; and 4) an acknowledgment by the owner of the receiving parcel that the density which has been transferred may be used on the receiving parcel only in accordance with a separate development permit obtained in accordance with the requirements of this Chapter. The applicant shall reimburse the Town for its reasonable attorney's and consultant's fees incurred in connection with the preparation of the covenant. The covenant shall be recorded with the County Clerk and Recorder, and shall conclusively establish the amount of density on both the sending and receiving parcels as of the date of such covenant.

(Ord. 19-96 §4.09; Ord. 07-10 §34)

Adult entertainment, including massage parlors, may be allowed as a conditional use within the MU zoning district if the Town finds that it meets all the criteria for the granting of a conditional use and it conforms to the following standards:

(1)

No adult entertainment use shall be located closer than one thousand (1,000) feet from the following uses:

a.

A church;

b.

A school or child care facility;

c.

A public park; or

d.

A residential zoning district.

(2)

No adult entertainment use shall be located within one thousand (1,000) feet of another adult entertainment use or massage parlor.

(3)

No more than one (1) adult entertainment use, including a massage parlor, shall be permitted in the same building, structure or portion thereof.

(4)

For the purposes of this Section, the distance between an adult entertainment use and a church, school, child care facility, public park, residential zoning district or another adult entertainment use shall be measured as follows: without regard to intervening structures, objects or Town limits, from the closest exterior wall of the structure in which the adult entertainment use is located to the nearest property line of the other use.

(Ord. 08-99 §3; Ord. 05-00 §2)

A conditional use is an activity 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 in all situations or may require the imposition of special conditions to ensure compatibility with existing and potential land uses within the vicinity. In some instances, conditional uses may be referred to in this Chapter as a special review. In those instances, the special review shall mean a conditional use, and shall be treated as such hereunder.

(Ord. 04-20 §5)

Uses listed as conditional uses within any zoning district may be approved by the Planning Commission, following an application on forms provided by the Town and payment of the fee established by resolution or ordinance of the Town Council, and after at least one (1) public hearing, if the criteria contained in this Division have been satisfied. Conditional uses shall be established and maintained in accordance with the applicable development standards within the zoning district in which the use is located, and any conditions imposed as part of the approval.

(Ord. 04-20 §5; Ord. 13-21 §2)

The following criteria, in addition to other applicable criteria in this Chapter, shall be used to review and decide conditional use permit applications.

(1)

The use is listed as a conditional use within the zone, or is otherwise identified as a conditional use and is consistent with the intent and purpose of the Comprehensive Plan and applicable zoning district.

(2)

The parcel is suitable for the proposed conditional use, considering such factors as size, shape, location, topography, soils, slope stability, drainage and natural features.

(3)

The proposed conditional use will not have significant adverse impacts on the air or water quality of the community.

(4)

The proposed conditional use will not substantially limit, impair or preclude the use of surrounding properties for the uses permitted in the applicable zoning district.

(5)

Adequate public utilities and services are available or will be made available to the site prior to the establishment of the conditional use.

(6)

If the conditional use is parking or storage uses accessory to a primary single-family use and located on an adjoining lot, the following additional criteria shall be met:

a.

Parking shall not be allowed in any setback of the vacant lot.

b.

There is no predetermined limit to the number of vehicles allowed on the vacant lot, but the Planning and Zoning Commission, using the perceived capacity as appropriate for the neighborhood, shall determine a maximum number of vehicles.

c.

If more than two (2) vehicles are parked on the vacant lot, they shall be fully screened in accordance with Section 16-7-30.

d.

No commercial vehicles are allowed to be parked or stored on the vacant lot.

(7)

If the conditional use is for wholesale trade class 1 or wholesale trade class 2, the following additional criteria shall be met:

a.

The proposed conditional use will not produce any noise or vibration issues that have significant adverse impacts on the community and the neighboring property owners and tenants in a multi-tenant building.

b.

The proposed conditional use will not produce any smells, odors or noxious fumes that have significant adverse impacts on the community and the neighboring property owners and tenants in a multi-tenant building. The proposed conditional use shall meet all applicable code requirements for ventilation and fire protection.

c.

The proposed conditional use will not produce any storage, loading or delivery activities related to the storage, loading or delivery of finished products or raw materials that have significant adverse impacts on the community and the neighboring property owners and tenants in a multi-tenant building.

d.

The proposed conditional use will not cause its employees and vendors to occupy parking spaces intended for retail businesses within two hundred (200) feet of the business.

(Ord. 04-20 §5)

When deemed necessary to ensure that the use meets the criteria for approval, conditions addressing the following, or related, matters may be imposed:

(1)

Size, height and location of buildings and accessory structures.

(2)

Landscaping when necessary to provide screening from incompatible adjacent uses or from public rights-of-way.

(3)

Retention of existing trees and vegetation for buffering purposes.

(4)

Size, location, screening, drainage and surfacing of driveways, parking and loading areas and street access.

(5)

Size, height, location and materials for the construction of fences to screen the subject property from incompatible adjacent uses or from public rights-of-way.

(6)

Location and intensity of outdoor lighting.

(7)

Hours of operation or conduct of particular activities.

(8)

Abatement, mitigation or prevention of nuisances.

(9)

Availability and improvement of urban services, including street improvements, dedication of street right-of-way, traffic signs and signals, sewer, storm drainage, water and turnouts and shelters for mass transportation, provided that the condition applies only to the subject property or public right-of-way or easement abutting the subject property, or impacted by the subject property.

(10)

Conditions may be imposed that require that all or part of the proposed development or use be deferred until certain events occur, such as the availability to the subject property of certain levels of service required to meet Town standards and provide for the health, safety and/or welfare of the community.

(11)

Conditions may be imposed that require that any and all conditions imposed under this Section be recorded in the deed of records with the County Clerk and Recorder.

(Ord. 04-20 §5)

The following limits and requirements apply to conditions imposed pursuant to this Division:

(1)

Conditions shall be clear and objective; shall be reasonably related to the public health, safety and welfare; and shall be designed to reasonably effectuate their intended purpose.

(2)

If the dedication of street right-of-way or street improvements are required as provided in this Division, the provision of the dedication, improvements or funding of such shall be deferred until a building permit is obtained.

(Ord. 04-20 §5)

Unless otherwise provided in the final decision granting the conditional use permit, any conditional use permit granted pursuant to this Chapter shall run with the land, and shall automatically transfer to any new owner or occupant subject to all conditions of approval.

(Ord. 04-20 §5)

(a)

Except as provided in subsection (b), a conditional use permit shall expire if an applicant fails to obtain a building permit to construct the conditional use within one (1) year of the date of conditional use permit issuance.

(b)

If the conditional use permit is issued in connection with an approved development permit, the duration of the conditional use permit shall be concurrent with the duration of the development permit pursuant to Division 11 of Article II of this Chapter.

(Ord. 04-20 §5)