(a)

Districts: To carry out the purpose and provisions of the ordinance codified in this Chapter, the incorporated area of the Town is divided into the following zoning districts:

(1)

R-1 Single-Family Residential District;

(2)

R-2 Lower Density Single-Family Residential District;

(3)

R-3 Medium Density Single-Family Residential District;

(4)

R-EH Single-Family Estate Half Acre Residential District;

(5)

R-MU Residential Mixed Use;

(6)

C-1 Neighborhood Commercial District;

(7)

C-2 Downtown Commercial District;

(8)

HC Highway Commercial District;

(9)

I-1 Limited Impact Industrial District;

(10)

I-2 Industrial and Manufacturing District; and

(11)

A-1 Agricultural District.

(b)

District characteristics: Describes the locational, natural and built characteristics and attributes which shall be used to determine appropriate zoning district classifications for particular land parcels.

(c)

Purpose and objectives: Describes the desired characteristics, functions and attributes of appropriate uses for the zoning district, carrying out the intent of the Town's Comprehensive Master Plan. Appropriate uses shall be located and designed to fulfill the desired purpose and objectives of the zoning district in which they fall.

(d)

Use regulations:

(1)

Permitted principal uses: Permitted principal uses are "uses by right," which are permitted anywhere within the particular zoning district in which they are identified. Permitted principal uses require plot plan and building permit approval.

(2)

Permitted accessory uses: Permitted accessory uses are uses which are customarily incidental to the identified permitted uses and are also permitted, provided that they meet any applicable regulations. Permitted accessory uses require plot plan and building permit approval.

(3)

Special review uses: Special review uses are uses which may be allowed in the zoning district indicated subject to any applicable regulations, if it can be demonstrated that the location and the site proposed for the use are appropriate, facilitating the use in a manner which supports the purposes of the zoning district and which is compatible with the surrounding area. Additional uses which are not listed, but which are consistent with the purpose and objectives of the zoning district, and are similar in character and level of impacts as the identified permitted and special review uses for the zoning district, may also be permitted subject to special review. Special review uses require the issuance of a special use permit by the Planning Commission and the Town Board.

(4)

Dimensional requirements: Dimensional requirements are minimum restrictions which apply to the siting and massing of buildings and structures on the lot, from which no variance will be permitted, except as provided under Section 7-2-43, Variances, Section III (Planned Unit Developments) and Section 7-2-44, Nonconforming Uses.

(5)

District development standards: District development standards are minimum standards that development and uses within a zoning district must meet to obtain plot plan approval.

(6)

A household living together in a dwelling unit shall consist of an individual; two (2) or more individuals related by blood, marriage or legal adoption or guardianship; or a group of not more than five (5) individuals not related by blood living together in a dwelling unit.

(Ord. 480 §1, 2000; Ord. 641 §2, 2024)

The location and boundaries of the zoning districts established by this Section II are shown upon the Zoning District Map of the Town that is incorporated into this Section II. The Zoning District Map, together with all data shown thereon and all amendments thereto, is by reference made part of this Section II. The Zoning District Map shall be identified by the signature of the Mayor and attested by the Town Clerk and shall bear the seal of the Town and the date of adoption. The Zoning District Map shall be located in the office of the Town Clerk and shall be available for inspection at the Town Hall.

(Ord. 480 §1, 2000)

(a)

District boundaries: Except where otherwise indicated, zoning district boundaries shall follow municipal corporation limits section lines, lot lines, right-of-way lines or extensions thereof. In property where a zoning district boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimensions, shall be determined by the scale of the Zoning District Map. Where a zoning district boundary coincides with a right-of-way line and said right-of-way line is abandoned, the zoning district boundary shall then follow the centerline of the former right-of-way. Land not part of a public, railroad or utility right-of-way and which is not indicated as being in any zoning district shall be considered to be included in the most restricted adjacent zoning district even when such district is separated from the land in question by a public, railroad or utility right-of-way.

(b)

Boundary clarification:

(1)

In the event that a zoning district boundary is unclear or is disputed, it shall be the responsibility of the Town Administrator to determine the intent and actual location of the zoning district boundary.

(2)

Any appeal of the determination of the zoning district boundary made by the Town Administrator shall be heard by the Town Board in accordance with the procedures outlined in Article V.

(c)

Amendments to map: Changes in the boundaries of any zoning district shall be made only upon amendment to this Section II per Section 7-2-45 and shall promptly be entered on the Zoning District Map with an entry on the map giving the number of the amending ordinance and the date with the signature of the Mayor, attested by the signature of the Town Clerk.

(d)

Minimum size of districts:

(1)

R-1 Single-Family Residential District = 45,000 sq. ft.

(2)

R-2 Lower Density Residential District = 37,500 sq. ft.

(3)

R-3 Medium Density Residential District = 30,000 sq. ft.

(4)

R-EH Single-Family Estate Half Acre Residential District = 87,120 sq. ft.

(5)

R-MU Residential Mixed Use = 30,000 sq. ft.

(6)

C-1 Neighborhood Commercial Zone District = no minimum.

(7)

C-2 Downtown Commercial District = no minimum.

(8)

HC Highway Commercial District = no minimum.

(9)

I-1 Light Industrial District = no minimum.

(10)

I-2 Industrial and Manufacturing District = no minimum.

(11)

A-1 Agriculture District = no minimum.

(Ord. 480 §1, 2000; Ord. 641 §3, 2024)

(a)

No use shall be allowed in any zoning district unless it is enumerated as an allowed principal use or accessory use in the particular zoning district. Permitted principal uses are uses by right and are permitted anywhere within the zoning districts indicated. Permitted principal uses require a building permit. Uses indicated as accessory uses are permitted only if they meet specific criteria contained in this Section II and demonstrate that they are clearly accessory to the principal use. A special review use may be allowed in the district indicated upon satisfaction of the requirements contained in the Code. Special review uses require the issuance of a special use permit after public hearings have taken place before the Planning Commission and the Town Board. Uses not listed as permitted principal or permitted accessory uses require determination by the Town Administrator. The Town Administrator will determine if a principal use or permitted use not listed in Sections 7-2-17—7-2-26 is similar in character and impact to those listed. If it is determined by the Town Administrator to be a substantially different use, then it will be considered a special review use. Decisions of the Town Administrator may be appealed to the Town Board.

(b)

Notwithstanding any other provision in this Section II, group homes as defined in and in compliance with Section 31-23-303, C.R.S., as amended, are permitted within any residential district in the Town.

(Ord. 480 §1, 2000; Ord. 641 §4, 2024)

(a)

District characteristics: The R-1 Zoning District includes single-family detached residential units that are on Town-provided water and sewer and are within walking distance of community facilities and amenities.

(b)

Purpose and objectives: To promote the continuance of single-family neighborhoods by:

(1)

Retaining the historically residential areas as quiet, clean and safe residential neighborhoods.

(2)

Allowing for limited home-based businesses to help provide homeowners with additional economic means for maintaining permanent residency.

(3)

Ensuring that new development is consistent and compatible with the character of the existing residences and neighborhoods.

(c)

Use regulations.

(1)

Permitted principal uses:

a.

One single-family detached dwelling unit per lot.

b.

Well-maintained and landscaped open space or neighborhood parks with recreational structures of no more than one thousand (1,000) square feet.

(2)

Permitted accessory uses:

a.

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

b.

Parking for the principal use as specified in Section 7-2-28.

c.

Home-based businesses which occupy less than thirty-five percent (35%) of the finished living area on the lot and which have no exterior indication of nonresidential activity except for parking as allowed in Section 7-2-28 and which have no unacceptable adverse impacts on neighboring uses. The business owner or operator must reside and maintain primary residency within the principal single-family dwelling unit on the lot.

d.

Private garages, only for the storage of private automobiles and no more than one (1) commercial vehicle owned by the occupant.

e.

Home-based day care. The number of children cared for at the dwelling unit at any one (1) time shall be limited to the lawful number permitted by the rules and regulations for day care homes then in effect and issued by the Department of Social Services of the State. The home occupation of child care shall not be limited by the thirty-five percent (35%) of finished living area occupancy provision set forth in Subparagraph (iii) above.

f.

Livestock as specifically permitted by action of the Town Board, but only if permitted by the covenants of that subdivision.

(3)

Special review uses:

a.

Public buildings, civic facilities, schools and churches may be permitted if the traffic impacts can be mitigated and if adequate parking arrangements are made either on site or on an adjacent site.

b.

Public utilities may be permitted if they are needed to serve the area in which they are located and no nonresidential location exists, and is designed so as to be unobtrusive and blend in with the surrounding area.

(d)

Dimensional requirements.

(1)

Minimum lot area: 7,500 square feet per dwelling unit; 10% of the total developed area may include 6,000-square-foot lots.

(2)

Minimum livable open space: 20% of lot area.

(3)

Maximum building height: 30 feet.

(4)

Front setback: 20 feet.

(5)

Side yard setbacks: Whichever is greater: 5 feet or 1 foot for every 3 feet of building height.

(6)

Rear lot setback: Whichever is greater: 5 feet or 1 foot for every 3 feet of building height.

(e)

District development standards.

(1)

All development shall be serviced by municipal water and sanitation systems.

(2)

Accessory uses shall represent less than thirty-five (35%) percent of the finished living area on the lot.

(3)

All fences, walls and other architectural devices shall not exceed six (6) feet in height as specified in Section 6-2-1 of this Code.

(Ord. 480 §1, 2000; Ord. 500 §1, 2002; Ord. 508 §1, 2003; Ord. 518 §1, 2004; Ord. 641 §§5—7, 2024)

(a)

District characteristics. The R-2 Zoning District is intended for single-family detached residential units and two-family (duplex) residences with a maximum gross density of six (6) units per acre.

(b)

Purpose and objectives. To promote the continuance of single-family neighborhoods by:

(1)

Allowing for development that respects the historic platting of the Town.

(2)

Allowing for limited home-based businesses to help provide homeowners with additional economic means for maintaining permanent residency.

(3)

Ensuring that new development is consistent with character of the existing residences and the natural environment.

(c)

Use regulations.

(1)

Permitted principal uses:

a.

Single-family dwelling units and two-family (duplex) residences in the same structure per lot.

b.

Well-maintained and landscaped open space or neighborhood parks with structures of no more than five thousand (5,000) square feet.

(2)

Permitted accessory uses:

a.

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

b.

Parking for the principal use as specified in Section 7-2-28.

c.

Home-based businesses which occupy less than thirty-five percent (35%) of the finished living area on the lot and which have no exterior indication of nonresidential activity except for parking as allowed in Section 7-2-28 and which have no unacceptable adverse impacts on neighboring uses. The business owner or operator must reside and maintain primary residency within the principal single-family dwelling unit on the lot.

d.

Private garages, only for the storage of private automobiles and no more than one (1) commercial vehicle owned by the occupant.

e.

Home-based day care. The number of children cared for at the dwelling unit at any one (1) time shall be limited to the lawful number permitted by the rules and regulations for day care homes then in effect and issued by the Department of Social Services of the State. The home occupation of child care shall not be limited to thirty-five percent (35%) of the finished living area.

(3)

Special review uses:

a.

Public buildings, facilities, schools and churches may be permitted if the traffic impacts can be mitigated and if adequate parking arrangements are made either on site or on an adjacent site.

b.

Public utilities may be permitted if they are needed to serve the area in which they are located and no nonresidential location exists, and if they are designed so as to be unobtrusive and blend in with the surrounding area.

(d)

Dimensional requirements.

(1)

Minimum lot size: 6,000 square feet.

(2)

Minimum lot area per dwelling unit: 6,000 square feet.

(3)

Minimum livable open space: 20% of lot area.

(4)

Maximum building height: 30 feet.

(5)

Front setback: 20 feet.

(6)

Side yard setbacks: Whichever is greater: 5 feet or 1 foot for every 3 feet of building height.

(7)

Rear lot setback: Whichever is greater: 5 feet or 1 foot for every 3 feet of building height.

(e)

District development standards.

(1)

All development shall be serviced by municipal water and sanitation systems.

(2)

Accessory uses shall represent less than thirty-five (35%) percent of the finished living area on the lot.

(3)

Garage doors which face toward a roadway must be set back at least twenty (20) feet from the roadway if two (2) cars can park side-by-side or thirty-six (36) feet for single lane driveways.

(f)

Carriage houses. Carriage houses may be used for residential purposes in conformity with the provisions contained herein.

(1)

Definition. For purposes of Chapter VII of the Eaton Municipal Code, a "carriage house" shall mean an outbuilding detached from the primary single-family residential unit or duplex that was constructed on or prior to December 31, 1999.

(2)

Use of carriage house. A carriage house may be used for residential purposes on the following conditions:

a.

Prior to constructing work on the carriage house, the property owner must obtain a building permit from the Town;

b.

Prior to residency, the carriage house must comply with the building regulations contained in Chapter VI of the Eaton Municipal Code and the property owner must obtain a certificate of occupancy pursuant to the provisions thereof;

c.

The footprint, the total covered area of the carriage house on the lot, may not be expanded; and

d.

At a minimum, the lot must have sufficient space for at least one off-street parking space for each dwelling unit contained thereon.

(3)

Exemption from dimensional requirements. While the primary single-family residential unit or duplex must be in compliance with the dimensional requirements contained in subsection (d), the carriage house is exempt from such requirements.

(4)

Property rights. The right to use the carriage house arises from, corresponds with and is an integral part of the property ownership rights associated with the lot as a whole. The carriage house may not be sold separately, and no independent property rights extend to the carriage house based on this subsection (f).

(Ord. 480 §1, 2000; Ord. 500 §1, 2002; Ord. 518 §2, 2004; Ord. 585 §1, 2018; Ord. 613 § 1, 2021; Ord. 641 §§8—11, 2024)

(a)

District characteristics. The R-3 Zoning District is intended for higher density residential dwelling units not to exceed fifteen (15) units per acre that are located in close proximity to commercial service centers and public facilities and institutional uses.

(b)

Purpose and objectives. To provide for continued residential development of the Town and provide a wide range of affordable housing opportunities that are compatible with the character and scale of existing neighborhoods by:

(1)

Encouraging growth to occur where land and service capacities can accommodate it.

(2)

Assuring that development is designed with sensitivity to nearby pre-existing development and to the environmental qualities of the location.

(3)

Allowing development consistent with the Eaton Comprehensive Plan.

(4)

Allowing for limited home-based businesses to help provide homeowners with additional economic means for maintaining permanent residency.

(5)

Allowing for higher density of housing units within close proximity to schools, churches and convenience shopping goods.

(6)

Encouraging affordable multi-family units if adequate parking can be provided on site.

(c)

Use regulations.

(1)

Permitted principal uses.

a.

Single-family dwelling units and two-family (duplex) residences in the same structure.

b.

Multi-family dwelling units with attached vertical walls or stacked units at a maximum density of fifteen (15) dwelling units per acre with adequate parking provided on site.

c.

Neighborhood playground, park, common area and recreational facilities with structures that are no more than five thousand (5,000) square feet in size.

d.

Parking for the principal use as specified in Section 7-2-28 of this Section II.

e.

Public utilities if they are needed to serve the area in which they are located and no nonresidential location exists, and if they are designed so as to be unobtrusive and blend in with the surrounding area.

f.

Bed and breakfast establishments.

g.

Community activity buildings that provide a local service to the community.

(2)

Permitted accessory uses.

a.

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

b.

Home-based businesses which occupy less than thirty-five percent (35%) of the finished living area on the lot and which have no exterior indication of nonresidential activity except for parking as allowed in Section 7-2-28. The home occupation shall not involve the use of any yard space or activity outside of the building, which is not normally associated with residential use. The business owner or operator must reside and maintain primary residency within the principal single-family dwelling unit on the lot.

c.

Home-based day care. The number of children cared for at the dwelling unit at any one (1) time shall be limited to the lawful number permitted by the rules and regulations for day care homes then in effect and issued by the Department of Social Services of the State. The home occupation of child care shall not be limited to thirty-five percent (35%) of the finished living area.

d.

Private garages, only for the storage of private automobiles and no more than one (1) commercial vehicle owned by the occupant.

(3)

Special review uses.

a.

Public buildings, civic facilities, schools and churches.

b.

Home-based businesses which occupy greater than, or equal to thirty-five percent (35%) of the finished living area on the lot, and/or have some limited external indication of nonresidential activity, may be permitted if the business owner or operator resides and maintains primary residency within the principal single-family dwelling unit on the lot, and there are not any unacceptable adverse impacts on neighboring uses.

(d)

Dimensional requirements.

(1)

Minimum lot size: 3,200 square feet.

(2)

Minimum lot area per dwelling unit: 1,500 square feet.

(3)

Minimum livable open space: 15% of lot area.

(4)

Minimum lot width: 35 feet.

(5)

Maximum building height: 30 feet.

(6)

Front setback: 10 feet.

(7)

Side yard setbacks: 5 feet.

(8)

Rear lot setback: 10 feet.

(9)

Garage setback: 18 feet from street and 3 feet from alley (attached or detached).

(e)

District development standards.

(1)

Accessory uses which are customarily incidental to the permitted principal uses shall represent less than thirty-five percent (35%) of the finished living area on the lot.

(2)

No more than fifteen (15) units shall be attached in any single building.

(Ord. 480 §1, 2000; Ord. 500 §1, 2002; Ord. 518 §3, 2004; Ord. 641 §§12—15, 2024)

(a)

District characteristics. The R-EH Single Family Estate Half Acre Residential District is intended for single-family detached residential units on larger lots with a maximum gross density of two (2) units per acre.

(b)

Purpose and objectives. To promote the continuance of single-family neighborhoods by:

(1)

Protecting and enhancing the rural character of the Town while providing for low-intensity use of property with large lots and open spaces for residents.

(2)

Allowing for limited home-based businesses to help provide homeowners with additional economic means for maintaining permanent residency.

(c)

Use regulations.

(1)

Permitted principal uses:

a.

Single-family detached dwelling units, which may include manufactured homes.

b.

Public or private schools if the traffic impacts can be mitigated and adequate parking arrangements made.

c.

Well-maintained and landscaped open space or neighborhood parks.

(2)

Permitted accessory uses:

a.

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

b.

Parking for the principal use as specified in Section 7-2-28.

c.

Home-based businesses which occupy less than thirty-five percent (35%) of the finished living area on the lot and have no exterior indication of nonresidential activity, except for parking as allowed in Section 7-2-28, and no unacceptable adverse impacts on neighboring uses. The business owner or operator must reside and maintain primary residency within the principal single-family dwelling unit on the lot.

d.

Private garages for storage of vehicles and recreational activities.

e.

Home-based day care. The number of children cared for at the dwelling unit at any one (1) time shall be limited to the lawful number permitted by the rules and regulations for day care homes then in effect and issued by the Department of Social Services of the State. The home occupation of child care shall not be limited to thirty-five percent (35%) of the finished living area.

(3)

Special review uses:

a.

Public buildings, community activity buildings, civic facilities, schools and churches.

b.

Public utilities to serve the area in which they are located if no nonresidential location exists and they are designed to be unobtrusive and blend in with the surrounding area.

(d)

Dimensional requirements.

(1)

Minimum lot size: 21,780 square feet.

(2)

Minimum livable open space: 40% of lot area.

(3)

Minimum lot width: 100 feet.

(4)

Maximum building height: 35 feet for primary structure and 25 feet for accessory structure.

(5)

Front setback: 40 feet for primary structure and accessory structure.

(6)

Side yard setbacks: 10 feet for primary structure and accessory structure.

(7)

Rear lot setback: 10 feet for primary structure and accessory structure.

(e)

District development standards.

(1)

All development shall be serviced by municipal water and sanitation systems.

(2)

Accessory uses shall represent less than thirty-five percent (35%) of the finished living area on the lot.

(Ord. 641 §16, 2024)

(a)

District characteristics. The Residential Mixed Use District shall be located in those areas contiguous to a C-2 District and must be accessible by arterial or collector streets.

(b)

Purpose and objectives. The Residential Mixed Use District is intended to provide sites for combined residential and low impact commercial and service uses and to maintain a residential appearance of such sites by establishing appropriate site development standards. This district allows for higher density residential development in close proximity to commercial activity by:

(1)

Encouraging growth to occur where land and service capacities can accommodate it.

(2)

Ensuring that development is designed with sensitivity to nearby preexisting development and to the environmental qualities of the location.

(3)

Providing for a broader mix in the type and cost of housing available for all housing consumers, particularly senior citizens.

(4)

Allowing development that is consistent with the Eaton Comprehensive Plan.

(5)

Allowing for various scales of development in areas where a mix of residential, commercial and/or institutional uses may be appropriate.

(6)

Providing needed services and amenities for residents and businesses within the Town.

(c)

Use regulations.

(1)

Permitted principal uses. Any of the following uses are permitted, provided that the gross floor area of a single building or structure containing the use does not exceed thirty-five thousand (35,000) square feet:

a.

Single-family dwelling units, duplexes and townhomes.

b.

Multi-unit dwellings not to exceed fifteen (15) dwelling units per acre.

c.

Professional offices, business offices and studios.

d.

Retail stores and commercial establishments of less than two thousand (2,500) square feet.

e.

Personal services such as: barber shops, beauty shops, business and office services and travel and ticket agencies.

f.

Public parks, neighborhood playgrounds, common areas and recreational facilities.

g.

Rooming houses.

h.

Commercial accommodations (hotels, motels).

i.

Places of worship.

j.

Educational centers, including daycare centers and cultural complexes less than five thousand (5,000) square feet.

k.

Area-wide transportation and parking facilities.

l.

Limited daycare serving up to twelve (12) children for less than twenty-four (24) hours per day.

(2)

Permitted accessory uses.

a.

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

b.

Home-based businesses which occupy less than thirty-five percent (35%) of the finished living area on the lot and which have no exterior indication of nonresidential activity except for parking as allowed in Section 7-2-28. The home occupation shall not involve the use of any yard space or activity outside of the building, which is not normally associated with residential use. The business owner or operator must reside and maintain primary residency within the principal single-family dwelling unit on the lot.

c.

Parking for the principal use as specified in Section 7-2-28.

d.

Private garages, only for the storage of private automobiles owned and used by occupants of the residential building.

(3)

Special review uses.

a.

Public buildings, grounds and facilities over five thousand (5,000) square feet.

b.

Professional activities and convenience businesses if located on the ground floor of any residential development and if accessible from an arterial or collector street and adequate parking can be accommodated on-site. Special review applies only if the total area devoted to nonresidential uses is greater than two thousand five hundred (2,500) square feet.

c.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

d.

Public utilities, if they are needed to serve the area in which they are located and no nonresidential location exists, and if they are designed so as to be unobtrusive and blend in with the surrounding area.

(d)

Dimensional requirements.

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot dimension: 120 feet.

(3)

Maximum impervious coverage: 80%.

(4)

Maximum building height: 35 feet.

(e)

District development standards.

(1)

Accessory uses which are customarily incidental to the permitted principal uses shall represent less than thirty-five (35%) percent of the finished living area on the lot.

(2)

Garages or other buildings intended for vehicular storage shall provide a minimum eighteen-foot setback between property line and access door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment into the access street or alley.

(3)

Storage of materials accessory to any of the uses listed in permitted uses for this district, provided that all such storage is located within a structure.

(4)

The distance between detached structures shall not be less than five (5) feet.

(5)

At least twenty percent (20%) of each site shall be landscaped.

(6)

All development shall be designed so that, for the given location egress points, grading and other elements of the development could not be reasonably altered to:

a.

Reduce the number of access points onto an arterial or collector street;

b.

Minimize adverse impacts on any existing or planned residential uses;

c.

Improve pedestrian or vehicle safety within the site and egressing from it; and

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(7)

All development in the Residential Mixed Use District, including buildings, walls and fences shall be so sited as to:

a.

Complement existing development in scale and location;

b.

Provide an adequate system of sidewalks or an off-road system of pedestrian and bicycle trails of greater than four (4) feet in width.

(Ord. 480 §1, 2000; Ord. 641 §17, 2024)

(a)

District characteristics. The C-1 Zone District remains a small zone district created between Second and Third Streets that allows limited commercial development to co-exist with residential uses directly adjacent to the commercial core business district of the Town.

(b)

Purposes and objectives. To allow small locally owned businesses to occur in close proximity to residential structures and to ensure that commercial uses are operated in such a manner that adverse impacts on surrounding uses and neighborhoods are not created.

(c)

Use regulations.

(1)

Permitted principal uses:

a.

Single-family dwelling units, duplexes and townhomes.

b.

Multi-unit dwellings not to exceed fifteen (15) dwelling units per acre.

c.

Professional offices, business offices and studios of less than three thousand (3,000) square feet.

d.

Retail stores and commercial establishments of less than three thousand (3,000) square feet and not having business hours between the hours of 10:00 p.m. and 6:00 a.m.

(2)

Permitted accessory uses:

a.

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

b.

Home-based businesses which occupy less than thirty-five percent (35%) of the finished living area on the lot and which have no exterior indication of nonresidential activity except for parking allowed in Section 7-2-28. The home occupation shall not involve the use of any yard space or activity outside of the building, which is not normally associated with residential use. The business owner or operator must reside and maintain primary residency within the principal single-family dwelling unit on the lot.

c.

Parking for the principal use as specified in Section 7-2-28.

d.

Private garages, only for the storage of private automobiles owned and used by occupants of the residential building.

(d)

Dimensional requirements.

(1)

Minimum lot area: 1,500 square feet.

(2)

Maximum impervious coverage: 80%.

(3)

Maximum building height: 25 feet.

(e)

District development standards.

(1)

Parking and loading areas for commercial and office uses must be paved and screened from view of any adjacent residential properties.

(2)

No drive-up facilities of any sort are permitted in this zone.

(3)

Accessory uses which are customarily incidental to the permitted principal uses shall represent less than thirty-five percent (35%) of the finished living area on the lot.

(4)

Garages or other buildings intended for vehicular storage shall provide a minimum eighteen-foot setback between property line and access door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment into the access street or alley.

(5)

Storage of materials accessory to any of the uses listed in permitted uses for this district, provided that all such storage is located within a structure or substantially screened from view and the finished living area limitation is not exceeded.

(6)

The distance between detached structures shall not be less than five (5) feet.

(7)

At least twenty percent (20%) of each site shall be landscaped.

(8)

All development shall be designed so that for the given location egress points, grading and other elements of the development could not be reasonably altered to:

a.

Reduce the number of access points onto an arterial or collector street;

b.

Minimize adverse impacts on any existing or planned residential uses;

c.

Improve pedestrian or vehicle safety within the site and egressing from it; and

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(9)

All development in the C-1 Neighborhood Commercial District, including buildings, walls and fences, shall be so sited as to:

a.

Complement existing development in scale and location;

b.

Provide an adequate system of sidewalks or an off-road system of pedestrian and bicycle trails of four (4) feet or greater in width.

(10)

Company vehicles with a gross weight over six thousand (6,000) pounds may not be parked or stored outdoors in the C-1 District, excluding deliveries.

(Ord. 480 §1, 2000)

(a)

District characteristics. This district is designed to promote and enhance the Town's primary commercial district for retail, service commercial, recreational, institutional and secondary residential uses.

(b)

Purpose and objectives. To promote the development of and to enhance the visual character, scale and vitality of the Town's primary commercial business district by:

(1)

Providing convenient business and other services for resident families and visitors to the Town;

(2)

Providing a broad mixture of uses within a compact pedestrian-oriented environment;

(3)

Facilitating small business development and vitality;

(4)

Building a clear identity for the historic central core of the Town that is distinct from other parts of the community.

(c)

Use regulations.

(1)

Permitted principal uses:

a.

Retail establishments.

b.

Food establishments.

c.

Entertainment establishments.

d.

Commercial services.

e.

Offices: professional, financial, insurance, medical, personal services and other office uses deemed to be of similar impact by the Town Administrator.

f.

Public and quasi-public uses, institutions and services.

g.

Residential dwelling units incidental to the nonresidential uses, only if located above ground-floor nonresidential uses, in the back of and behind the nonresidential use or below the ground floor.

h.

Recreation, cultural and educational facilities, public or private.

i.

Commercial accommodations only if located above ground-floor nonresidential uses.

j.

Public or private open space and common areas.

k.

Churches.

l.

On the condition that the premises be continuously used solely for residential purposes, residential dwelling units for the properties located at the following addresses:

•

117 Collins Street;

•

3 Elm Avenue, 7 Elm Avenue, 11 Elm Avenue, 17 Elm Avenue, 21 Elm Avenue, 23 Elm Avenue, 109.5 Elm Avenue, 111 Elm Avenue, 115 Elm Avenue, 117 Elm Avenue, 121 Elm Avenue, 121.5 Elm Avenue, 123 Elm Avenue, 127 Elm Avenue, 411 Elm Avenue, 415 Elm Avenue, 417 Elm Avenue and 419 Elm Avenue;

•

122 Second Street;

•

102 Third Street, 104 Third Street, 108 Third Street, 110 Third Street, 112 Third Street, 107 Third Street and 109 Third Street; and

•

218 Oak Avenue, 220 Oak Avenue, 222 Oak Avenue, 228 Oak Avenue and 310 Oak Avenue (103 Third Street).

(2)

Permitted accessory uses.

a.

Storage of materials accessory to any of the uses listed in permitted uses for this district, provided that all such storage is located within a structure;

b.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments;

c.

Utility infrastructure may be permitted if it is needed to serve the area in which it is located and is designed to be unobtrusive and blend in with the surrounding area.

d.

Drive-thru lane and window for customers to receive goods or foods from permitted establishments on the same subject property.

(3)

Special review uses.

a.

Theaters, meeting rooms and convention centers;

b.

Hospitals and clinic facilities;

c.

Wholesale establishments.

(d)

Dimensional requirements.

(1)

Minimum lot area: 1,500 square feet.

(2)

Maximum impervious coverage: 80%.

(3)

Maximum building height: 35 feet.

(4)

Street setbacks: Within eight (8) horizontal feet of a street property line only the following shall be permitted: driveways not exceeding thirty (30) feet in width, approximately perpendicular to the street.

(5)

Side yard setback: None is required if the sidewall is a party wall, but ten (10) feet shall be required if the sidewall is not a party wall. A one-hour fire-rated wall as per the Town Building Code will be required on any building closer than five (5) feet to the property line.

(e)

District development standards.

(1)

New development shall minimize unused or unusable public or private areas in the side or rear yards.

(2)

Loading and unloading facilities shall be located in the rear of buildings and shall be screened from public view.

(3)

Buildings will be designed so as to minimize snow shedding and runoff onto pedestrian areas and public ways.

(4)

All activities within the C-2 District shall be wholly contained within buildings and private property except for access, outdoor dining areas, parking, loading and, if screened by sight-impervious fencing or plantings, storage and refuse containers.

(Ord. 480 §1, 2000; Ord. 590 §1, 2019; Ord. 641 §18, 2024)

(a)

District characteristics. HC Zoning Districts shall be established in those areas which are highly visible from major roadways and have easy and safe access. This district is oriented to the traveler in the region and includes commercial uses such as gas stations, restaurants and motels.

(b)

Purpose and objectives. To encourage a broad range of commercial services for visitors and residents which are conveniently accessible by automobile and which are designed to complement each other in character, scale and proximity by:

(1)

Accommodating retail sales, services and amenities which are oriented to serving a majority of the needs of residents and visitors and which generate substantial volumes of traffic.

(2)

Encouraging well-planned, attractive clusters or groupings of development that complement the existing scale of the Town.

(3)

Encouraging a mix of complementary commercial uses that share ingress and egress and clustered on-site parking, and that are linked by attractive pedestrian corridors and plazas.

(c)

Use regulations.

(1)

Permitted principal uses:

a.

Retail and services, including but not limited to dry cleaners, office supply and printing shops.

b.

Professional offices.

c.

Automobile service stations.

d.

Lodging accommodations.

e.

Restaurants.

f.

Indoor recreation and amusement.

g.

Bars and lounges.

h.

Parks and common areas.

i.

Area-wide transportation facilities.

(2)

Permitted accessory uses. Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot.

(3)

Special review uses. Outdoor recreation and amusements may be permitted if they are designed to be consistent with the desired character of the area, do not adversely affect other uses in the area and do not pose a threat to public safety.

(d)

Dimensional requirements.

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot dimension: 150 feet deep, 150 feet wide.

(3)

Maximum impervious coverage: 80%.

(4)

Maximum height: 27 feet.

(5)

Front yard setback: 20 feet.

(6)

Side yard setback: 10 feet.

(7)

Rear yard setback: 10 feet.

(e)

District development standards. All development shall be designed so that for the given location egress points, grading and other elements of the development could not be reasonably altered to:

(1)

Reduce the number of access points onto an arterial or collector street;

(2)

Minimize adverse impacts on any existing or planned residential uses;

(3)

Improve pedestrian or vehicle safety within the site and egressing from it;

(4)

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures; and

(5)

All development, including buildings, walls and fences, shall be so sited as to:

a.

Complement existing development in scale and location;

b.

Provide an adequate system of sidewalks or an off-road system of pedestrian and bicycle trails of greater than four (4) feet in width; and

c.

Create pocket parks or green spaces that are accessible to the public and at a minimum provide seating and landscaping.

(Ord. 480 §1, 2000)

(a)

District characteristics. The I-1 Zoning District may be established in those areas that are appropriate for limited industrial uses and contractor trades. This district should be created in areas having access to major streets and a low likelihood of conflict with other uses, as well as a low potential for adverse impacts on the overall visual image of key areas, including entryways into the community.

(b)

Purpose and objectives. To accommodate a range of industrial activities that are of limited intensity, such as contractor trades, research and development institutions, warehousing and wholesaling and small-scale production, fabrication, assembly or processing activities, to help provide a diversified employment base for the community by:

(1)

Allowing for light industrial uses and the development of professional trades and contractor services that may serve and provide jobs for the Town and the surrounding area, in a manner which minimizes adverse impacts on adjacent uses and the community.

(2)

Limiting uses to those that will not create traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration or industrial waste disposal problems, and whose operating characteristics and appearances will not have adverse visual impacts since all uses within this district shall be conducted indoors.

(c)

Use regulations.

(1)

Permitted principal uses: Any of the following uses, provided that outside storage and activity areas, other than employee and visitor parking or loading areas, do not exceed fifteen percent (15%) of the lot area and are screened from view (see Section 7-2-34):

a.

Repair, professional trade and contractor services;

b.

Warehouse and wholesale activities;

c.

Public utilities and offices;

d.

Railroad spur lines where such lines are used only for delivery or loading of freight to industries or businesses in occupancy of the industrial zone but not including mainline;

e.

Research and development facilities;

f.

Commercial laundries and dry cleaning;

g.

Printing or publishing facilities;

h.

Vocational training center schools;

i.

Production, fabrication or assembly activities;

j.

Retail sales of products produced by the primary light industrial use; and

k.

Automobile service, repair stations and related uses.

(2)

Permitted accessory uses.

a.

Uses which are customarily incidental to any of the principal uses and are located on the same lot, subject to the restrictions on outside activities cited above for the permitted principal uses;

b.

Parking as specified at Section 7-2-28.

(3)

Special review uses.

a.

Any of the permitted uses requiring an outside storage or activity area that is equal to or greater than fifteen percent (15%) of the lot area may be permitted if such outside uses will not have an adverse impact on existing uses in the area, including but not limited to safety, noise, odor, light or visual impacts;

b.

Convenience businesses; and

c.

Oil- and gas-related facilities.

(d)

Dimensional requirements.

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot dimensions: 100 feet.

(3)

Maximum impervious coverage: 70%.

(4)

Maximum building height: 30 feet.

(5)

Front yard setback: 20 feet.

(6)

Side yard setback: 15 feet.

(7)

Rear yard setback: 20 feet.

(e)

District development standards.

(1)

Storm water management: All users of land shall provide and maintain storm water detention facilities designed to detain the storm water runoff in excess of the historic flow from the site. The storm water detention facility shall be so designed and operated to contain the flow at a rate not to exceed the rate of a five-year storm falling on the undeveloped site.

(2)

All development shall be designed so that, for the given location egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

a.

Reduce disruption to the existing terrain, vegetation or other natural site features;

b.

Minimize adverse impacts on residential uses in the area;

c.

Improve vehicle safety within the site and egressing from it;

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures; and

e.

Reduce the number of removed trees measuring four (4) inches in diameter and taller than five (5) feet above ground level.

(Ord. 480 §1, 2000)

(a)

District characteristics. I-2 Zoning Districts may be established in those areas that are appropriate for industrial uses, comply with the Eaton Comprehensive Plan and do not adversely impact adjacent uses in the area. This district should be created in areas having access to major streets and a low likelihood of conflict with other uses, as well as a low potential for adverse impacts on the entryways into the community.

(b)

Purpose and objectives. To accommodate a range of industrial activities that can not be properly screened or operated within enclosed buildings.

(c)

Use regulations.

(1)

Permitted principal uses: Any use of a research, repair, manufacturing, fabricating, processing, assembling or storage nature.

(2)

Permitted accessory uses:

a.

Uses which are customarily incidental to any of the principal uses and are located on the same lot.

b.

Parking as specified in Section 7-2-28.

(3)

Special review uses: Any of the permitted uses requiring an outside storage or activity area may be permitted if such outside uses will not have an adverse impact on existing uses in the area, including but not limited to safety, noise, odor, light or visual impacts.

(d)

District development standards.

(1)

Storm water management: All users of land shall provide and maintain storm water detention facilities designed to detain the storm water runoff in excess of the historic flow from the site. The storm water detention facility shall be so designed and operated to contain the flow at a rate not to exceed the rate of a five-year storm falling on the undeveloped site.

(2)

All development shall be designed so that, for the given location egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

a.

Reduce disruption to the existing terrain, vegetation or other natural site features;

b.

Minimize adverse impacts on residential uses in the area;

c.

Improve vehicle safety within the site and egressing from it;

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(Ord. 480 §1, 2000)

(a)

District characteristics. The purpose of the A-1 Zoning District is to allow the continued current agricultural uses on properties that are annexed to the Town until further development plans and zoning are established. Property may only be initially zoned A-1 within ninety (90) days of annexation. This zoning category shall not be available to properties that are already within the Town limits more than ninety (90) days after annexation. The A-1 zoning may continue beyond ninety (90) days until the zoning is changed pursuant to a development plan or request for rezoning.

(b)

Uses allowed by right in the A-1 District. Uses permitted in an agricultural zone are agricultural pursuits of the type and to the extent existing on the property at the time of annexation. No dairy, feedlot, feed yard or other penning of cattle, sheep, hogs, goats or fowl shall be permitted beyond the type and numbers in existence at the time of annexation, provided that this restriction shall not prohibit the ranging or pasturing of cattle, horses or sheep on products raised on the premises, so long as the same are adequately fenced or enclosed and do not constitute a feed yard or feedlot as those terms are normally defined in the agricultural community.

(Ord. 480 §1, 2000)