A.

Intent. To carry out the intent and provisions of the Home Rule Charter and this Title, the following districts are established.

1.

AG (Agricultural). The intent of the AG zone district is to encourage and preserve agricultural uses in the City, and designate properties within the City that have no proposed land use or may be in a transitional stage regarding development.

2.

PF (Public Facilities). The intent of the PF zone district is to provide civic services within the City of Evans.

3.

R-1E (Estate). The intent of the R-1E zone district is to preserve rural openness in a manner that is harmonious with agricultural uses and low-density residential living.

4.

R-1 (Low-Density Residential). The intent of the R-1 zone district is to encourage and promote single-family home neighborhoods. The densities and uses required in this district are established to enhance the open, residential character. The allowable uses are intended to be harmonious with low-density residential living and should support local neighborhoods.

5.

R-2 (Medium-Density Residential). The intent of the R-2 zone district is for a mixture of single-family, duplex, and townhome residential dwellings. Allowable uses in this district are intended to be harmonious with medium-density residential living and should support local neighborhoods.

6.

R-3 (High-Density Residential). The intent of the R-3 zone district is to include a variety of multifamily and single-family dwellings in an urban environment. Allowable uses in this district are intended to be harmonious with high-density residential living and should support local neighborhoods.

7.

RMH (Residential Manufactured Housing). The intent of the RMH zone district is for dense single-family dwellings on individual small lots or multiple single-family dwellings on a single lot. Allowable uses in this district are intended to be harmonious with high-density residential living and should support local neighborhoods.

8.

R-C (Residential Commercial). The intent of the R-C zone district is to provide a downtown district which reflects the mixture of residential and low-intensity commercial uses. Dwelling units are intended to be dispersed throughout the district in diverse forms and sizes. Public spaces are encouraged.

9.

C-1 (Neighborhood Commercial). The intent of the C-1 zone district is to encourage and promote pedestrian-friendly retail stores and service establishments serving the daily needs of primarily adjacent neighborhoods in a manner that is compatible with the character of the surrounding residential areas.

10.

C-2 (General Commercial). The intent of the C-2 zone district is to serve the commercial needs of multiple neighborhoods along high-traffic corridors.

11.

C-3 (Regional Commercial). The intent of the C-3 zone district is to encourage and promote vehicle-centric uses that serve the needs of the region, including large-scale shopping and entertainment centers.

12.

C-4 (Commercial Industrial Mix). The intent of the C-4 zone district is to provide vibrant mixed commercial and industrial uses that serve both local residents and the traveling public.

13.

I-1 (Light Industrial). The intent of the I-1 zone district is to provide for light industrial and compatible commercial uses that are conducted primarily inside buildings that will not have significant impact on adjacent uses. I-1 shall not include transloading, batching, wrecking, incineration, rock crushing, refining, salvage yards, recycling centers, or rendering plants.

14.

I-2 (Medium Industrial). The Intent of the I-2 zone district is to provide for industrial employment centers which are not compatible with residential activity and require a high level of transportation access. I-2 shall not include transloading, batching, wrecking, incineration, rock crushing, refining, salvage yards, recycling centers, or rendering plants.

15.

I-3 (Heavy Industrial). The intent of the I-3 zone district is to provide for intense industrial uses, located along rail and major transportation corridors buffered from residential and commercial uses. Property shall not be rezoned to I-3 within five hundred (500) feet of property zoned R-1, R-2, R-3, or RMH.

16.

PUD (Planned Unit Development). PUD zoning is no longer supported in the City; therefore, no property shall be rezoned to PUD. The intent of the PUD zone district was to provide for innovative development projects that do not conform to an existing zone district. Uses and standards for PUD-zoned properties are specific to the PUD.

a.

To the extent the PUD creation documents contain uses or standards subject to interpretation, the permitted uses and standards of the most similar zone district established by this Title apply.

b.

To the extent that the uses are not specifically identified and provided for in a PUD, the permitted uses and standards of the most similar zone district established by this Title apply.

c.

If an approved PUD is undeveloped, see Vested Rights, Section 18.01.100.

17.

85-RC-A (U.S. 85 Retail and Commercial—Auto). All property zoned 85-RC-A shall be administered as if it were zoned I-2.

18.

85-RC-N (U.S. 85 Retail and Commercial—Neighborhood). All property zoned 85-RC-N shall be administered as if it were zoned C-3.

19.

85-RC-O (U.S. 85 Retail and Commercial—Office). All property zoned 85-RC-O shall be administered as if it were zoned C-4.

20.

85-RC-R (US. 85 Retail and Commercial—Regional Corridor). All property zoned 85-RC-R shall be administered as if it were zoned C-4.

B.

Official zoning map.

1.

The location and boundaries of the districts established by this Title are shown upon the Official Zoning Map for the City of Evans which shall be kept on file with the Community Development Department.

2.

Rules for interpreting district boundaries. Where uncertainty exists as to the boundaries of any zone district shown on the official zoning map, the following rules shall apply:

a.

Where such boundaries are indicated as approximately following streets and alley lines or lot lines, such lines shall be construed to be such boundaries.

b.

In unsubdivided property, the location of any such boundary shall be determined by legal description.

c.

In case further uncertainties exist, the City Council, upon written application or upon its own motion, shall determine the location of such boundaries.

d.

Where a street or alley is officially vacated, the property formerly in that street or alley shall be included within the zone district of the adjoining property on either side thereof. In the event the entire width of a street or alley is vacated and the street or alley separates two (2) or more different zone districts, the new zone district boundary shall be the centerline of such vacated street or alley.

e.

When possible, zone districts shall follow alleys, rear or side property lines and not centerlines of street rights-of-way.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Site plan required. All new or substantially-improved nonresidential or multifamily sites require approval of a site plan pursuant to Section 18.03.060 of this Title prior to commencement of use.

B.

Applicable standards. All new or substantially-improved structures shall comply with applicable development standards in Chapter 18.05, Residential Development, or Chapter 18.06, Nonresidential Development.

C.

Use table. Table 18-2-1 establishes permitted uses for each zone district. These uses are established to implement the intent of the districts, permit a compatible range of uses within each district, and facilitate complimentary transitions between districts. The table identifies uses as:

1.

"■"—Allowed use. The use may be operated in a way that complies with the Evans Municipal Code.

2.

"A"—Accessory use. The use is allowed only as accessory to a principal use pursuant to Section 18.02.040.

3.

"S"—Special use. Approval of a special use permit pursuant to Section 18.03.080 of this Title is required prior to commencement of the use. Where "A" and "S" are both listed, the special use permit is only required when the use is a principal use and not an accessory use.

4.

Other accessory uses may be permitted pursuant to Section 18.02.040.

5.

Other temporary uses may be permitted pursuant to Section 18.02.050.

6.

Uses in the table may be subject to specific standards or limits in Section 18.02.020.C.

D.

Use definitions and standards.

1.

Agriculture - the production of crops such as vegetables, fruit trees, grain, plants, shrubs, vines or flowers; the growing of trees and shrubs for commercial landscape purposes, ranching, riding stables without arenas, and similar uses and activities. Agriculture shall not include confined animal feeding operations (CAFO or HCSFO), as defined by Colorado Department of Public Health and Environment.

2.

Auction yard - property on which merchandise or other property is sold by auction.

3.

Brewery, distillery, winery - any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where malt liquors, vinous liquors, spirituous liquors or fermented malt beverages are manufactured.

4.

Business, adult - business, service or entertainment establishment subject to the licensing requirements, provisions, and restrictions of Chapter 5.10 of the Evans Municipal Code.

5.

Campground - a recreational activity involving spending the night in a tent, primitive structure, travel trailer or recreational vehicle at a campsite. Campgrounds shall adhere to the following:

a.

A campground shall have no less than fifteen (15) camp sites. At least five percent (5%), and no less than two (2), of the camp sites shall be ADA-compliant accessible.

b.

A campground shall be at least five (5) acres in size with no more than fifteen (15) camp sites per acre.

c.

A campground shall only be located within one-half (½) mile of an open space or public park at least forty (40) acres in size.

d.

All internal roads shall be paved, be at least twenty (20) feet wide, and have no on-street parking.

e.

The right-of-way by which a campground is accessed shall be maintained by the City of Evans and access shall not be through any residential development.

f.

All camp sites shall be set back twenty (25) feet from any property boundary or public right-of-way and seventy-five (75) feet from any existing single family dwelling.

g.

All camp sites shall be designated. No dispersed camping allowed.

h.

All camp sites shall be on an improved surface approved by the City Engineer.

i.

A minimum of fifty percent (50%) of recreational vehicle (RV) sites and all tent sites in a campground shall be for short-term rentals, less than thirty (30) days.

j.

Any lease of a camp site within a special flood hazard area shall be limited to no more than six (6) months.

k.

Any RV in a campground must remain readily mobile with a current license and be ready for highway use. No structure may be attached to an RV or placed in a manner that would prevent or hinder the immediate removal of the RV.

l.

Outdoor storage is not permitted within a camp site.

m.

Maintenance of an RV is not permitted within a campground.

n.

The campground shall be secured with a perimeter fence and an access-controlled gate.

o.

All internal pedestrian paths shall be lit with downcast and shielded lights for safety.

p.

Amenities are required to benefit the users of the campground. One common amenity shall be provided for every thirty (30) camp sites. Amenities may be a park, playground, community garden, swimming pool, sport court, sheltered picnic area, or similar feature.

q.

The number of comfort stations, toilets and showers shall comply with Weld County Department of Public Health and Environment recommendations. Any comfort station, water hook-up, or sanitary sewer hook-up shall be connected to the City of Evans systems.

6.

Car wash facility - a facility used for the purpose of washing vehicles and with the capacity to wash more than one vehicle at a time, or with the capacity to wash a commercial semi-truck.

a.

Operation shall be limited to daylight hours.

b.

Staging of vehicles off-site is prohibited.

c.

A water reclamation plan shall be approved by the City prior to operation of any new car wash facility.

d.

A noise mitigation plan shall be approved by the City prior to operation of any new car wash facility.

7.

Cemetery - land used for the burial and memorializing of the dead and dedicated for cemetery purposes, including columbaria, mausoleums, and pet cemeteries.

8.

Community facility - place of worship, library, museum, public or quasi-public building, or other cultural and religious facility for general public or fraternal organization use.

9.

Congregate residence -any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by the International Building Code, and may include facilities for eating, cooking and general care not involving special medical treatment, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, orphanage or children's home, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels, motels, lodging houses or similar uses.

10.

Crematorium - a place for the cremation of human or animal remains.

11.

Day care center - an establishment that provides care for children that does not meet the State definition of a "family child care home."

12.

Dwelling, residential - use of a structure for residential dwelling. Types of dwellings, such as single-family or multifamily, and associated standards are found in Chapter 18.05 of this Title. A residential dwelling may be a community residential home as defined by 25.5-10-214 of the Colorado Revised Statutes.

13.

Dwelling, above commercial - use of the upper stories above a ground floor commercial use for residential dwelling(s) having an independent entrance either directly from outside the building or through a common area inside the building.

14.

Dwelling, security residence - use of a building or a portion thereof, arranged, designed and intended to be occupied by not more than one (1) family, and which is used for the housing of one (1) or more members of any such family for the purpose of providing security for the property of any business which is located on the same property. At least one (1) member of a family living in the security residence must be employed for security purposes by the business which is located on the same property on which the residence is located.

15.

Healing Center as defined in the Natural Medicine Health Act of 2022 (Title 12, Article 170, C.R.S.), is a facility that is licensed by the State to administer "natural medicine" that includes dimethyltryptamine; ibogaine; mescaline (excluding lophophora williamsii ("peyote")); psilocybin; or psilocyn. A healing center shall:

a.

Be located at least one (1) mile from any school or child care center.

b.

Be one-half (½) mile from any residential dwelling, park, recreation facility, or restrained treatment of humans.

c.

Not allow persons under the age of twenty-one (21) to enter the facility.

d.

Operate only within the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday.

16.

Hospital - a state or federal certified facility providing health services primarily for in-patients and medical or surgical care of the human sick and injured, including as an integral part, such related facilities as laboratories, out-patient services, urgent care facilities, rehabilitation and recovery services, training facilities, central service facilities and staff offices.

17.

Lodging - establishment providing accommodations, meals, and other services for travelers and tourists. Includes hotels, motels, bed & breakfasts, and similar establishments. May include an operator residence.

18.

Industrial use, light - an indoor use connected with manufacturing, assembly, processing, research, not to include transloading, batching, wrecking, incineration, rock crushing, refining, salvage yards, recycling centers, or rendering plants.

19.

Industrial use, medium - a use connected with manufacturing, assembly, processing, research; not to include transloading, batching, wrecking, incineration, rock crushing, refining, salvage yards, recycling centers, or rendering plants.

20.

Industrial use, heavy - a use connected with manufacturing, assembly, processing, research that includes transloading, batching, wrecking, incineration, rock crushing, or refining; not to include salvage yards, recycling centers, or rendering plants.

21.

Kennel - any property used for commercial or institutional purposes, on which four (4) or more pet animals, at least four (4) months of age, are kept for training, boarding or breeding, whether in special structures, runs or not, subject to the following:

a.

Waste shall be handled and disposed of in a sanitary manner approved by the Colorado Department of Public Health and Environment.

b.

Suitable chemical and scientific controls shall be provided for rodent and insect control.

c.

Drainage facilities or improvements shall be constructed to protect municipal storm sewers and adjacent rivers and bodies of water.

22.

Long-term care facilities - a health institution that is licensed to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients including continuum care facilities, hospices, assisted living, and nursing care facilities on a more or less permanent basis.

23.

Mini storage unit - a building containing limited size storage areas not to exceed three hundred (300) square feet per unit; designed and used for the keeping of personal property, goods and similar articles of merchandise.

a.

All units shall be setback from rights-of-way a minimum of twenty-five (25) feet.

b.

Hazardous materials such as flammable liquids, flammable gases and toxic chemicals within a mini storage unit shall be prohibited.

c.

A ten-foot-wide (10 ft.) buffer area of natural growth, including trees and shrubs, approved by the City, shall be installed and maintained along the entire length of any boundary of a mini storage development adjacent to a residentially zoned district, whether or not such boundary is separated by a street, alley or easement or other right-of-way. Such buffer may, if required by the City, include a six-foot-high (6 ft.) screen composed of natural or manmade materials unless the physical attributes of the land make the screen unnecessary. The buffer may be inside the mini storage development fence, provided adjacent residential properties are already surrounded by a six-foot (6 ft.) fence.

24.

Mortuary or funeral home - a building or part thereof used for human funeral services, which may contain space and facilities for preparation of the dead for burial; the storage of caskets, urns and other related funeral supplies; and the storage of funeral vehicles. Funeral homes may only include crematoriums as accessory uses if crematoriums are allowed in the zone district.

25.

Motor vehicle sales - the sale or lease or offering for sale or lease of three or more new or used motor vehicles at the same address whether or not the motor vehicles are owned by the property owner, including the sale of automobiles, recreational vehicles, boats, utility vehicles, or other vehicles licensed by the Colorado Division of Motor Vehicles.

26.

Natural resource extraction - a use involving clearing or grading of land or the removal, for commercial purposes, of native vegetation, topsoil, fill, sand, gravel, rock, coal, metal ore, or any other mineral, and other operations having similar characteristics the removal of, coal, metal ore, or any other mineral or soil-based materials including, but not limited to rock, gravel, sand, clay, topsoil, and peat, or the cutting of trees, and the transport of these materials beyond the legal boundaries of the property of origin, except for uses associated with an oil and gas facility. See oil and gas facility.

27.

Nightclub, bar, tavern - any use in which the primary attraction is the sale of alcoholic beverages for on-site consumption or where the sale and consumption of alcoholic beverages is secondary to entertainment such as live music, recorded music, the viewing of broadcasted sporting events, or similar activities requiring a "tavern" liquor license from the state.

28.

Office - use of property for commercial, professional, or bureaucratic work. Banks, savings and loan institutions, lending establishments, professional, administrative offices, medical offices and similar uses are included in this definition.

29.

Oil and gas facility - equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P waste, or gas. Oil and gas facility may also be referred herein in certain circumstances synonymously as "facility." Oil and gas facility regulation and application procedure are found in Chapter 18.12 of this Title.

a.

A distance of two hundred fifty (250) feet minimum shall be maintained between oil and gas facilities and new developments including residential buildings, structures and non-residential buildings. A property owner's Surface Use Agreement with an oil and/or gas operator shall govern this setback, if applicable; however, in no event shall this setback be less than two hundred fifty (250) feet.

b.

A distance of fifty (50) feet minimum shall be maintained between plugged and abandoned oil and/or gas well heads and new development including residential buildings, structures and non-residential buildings. A property owner's Surface Use Agreement with an oil and/or gas operator shall govern this setback, if applicable; however, in no event shall this setback be less than fifty (50) feet.

30.

Outdoor storage - commercial storage of materials, supplies, parts, machines, containers, tractor-trailers, unoccupied mobile homes and equipment not kept in an enclosed and permitted structure, subject to the following limitations. This definition shall not apply to displayed items for sale to the general public such as new and used cars, recreational vehicles, boats and landscape and building materials; nor to parking of vehicles regularly used in connection with the operation of an establishment or parked for less than forty-eight (48) hours for maintenance service. See outdoor sales/display in Section 18.02.030.J.

a.

Outdoor storage shall be opaquely screened from public rights-of-way and adjacent properties with fencing and/or landscaping materials permitted by this Title.

b.

The height of material storage may be limited to mitigate impacts to surrounding properties as part of a land use approval process.

c.

The storage area shall be outside of required setbacks.

d.

Outdoor storage shall not include the storage of junk, as defined in Chapter 18.11 of this Title.

31.

Parking, off-street - public and private parking areas or structures outside of the public right-of-way for vehicles which are licensed and highway ready. Long-term storage of vehicles is not included in this definition.

32.

Personal service establishment - an establishment serving the personal needs of individuals and includes barbershops, beauty parlors, doctors and dentist offices, shoe repair shops, florist sales, gift and card shops, magazine outlets, jewelry stores, laundry shops, dry-cleaning outlets, taxidermy and other similar uses.

33.

Public service facility - emergency services, such as for fire, police, or ambulance, or essential public utility that is owned, operated or used by a governmental entity, or any entity defined as a public utility for any purpose by the Colorado Public Utilities Commission and used in connection with the reproduction, generation, transmission, delivery, collection, treatment or storage of water, sewage, electricity, gas, oil, or electronic signals, and similar uses necessary for the protection and benefit of the public.

34.

Recreation, community - indoor or outdoor recreation facility intended to serve the residents of a single neighborhood or development.

35.

Recreation, indoor - the operation of indoor recreational activities such as exercise and athletic facilities, and amusement and/or recreational services, such as billiard and pool halls, skating rinks, exercise and health clubs, dance studios, gymnastic centers, martial arts, indoor pools, bowling alleys, and similar uses.

36.

Recreation, outdoor - the operation of outdoor recreational activities, such as fishing and riding clubs, golf courses, basketball, tennis courts, soccer, baseball, softball, football fields and similar recreational uses.

37.

Recreational vehicle storage - the renting of space in an unroofed area for simultaneous commercial placement/storing of two (2) or more recreational vehicles. For the purpose of this definition, a recreational vehicle shall be a transportable structure that is primarily designed for seasonal recreational/vacation purposes for recreational, camping and travel use including, but not limited to, boats, travel trailers, campers, snowmobiles, motorcycles, self-propelled motor homes and similar vehicles/units. This use does not include the accessory storage of recreational vehicles at private residences, which is permitted in accordance with Section 18.02.040.N.

38.

Recycling - the processing, collection and transfer of recyclable materials that requires permitting by the Colorado Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment.

39.

Rendering - a use that includes slaughterhouses, packing houses, rendering plants, bone factories, soap factories, tanneries.

40.

Renewable energy facility - a facility that produces, stores, and/or distributes solar, wind, hydroelectric, geothermal, biomass, nuclear, or similar emerging energy technology from a renewable source. It does not include accessory renewable energy being produced to power a single site or that is affixed or incorporated in an accessory manner into the design of a building. Renewable energy facility locations may be approved separately and prior to approval of the required site plan. A renewable energy facility shall meet the following requirements:

a.

Ancillary equipment shall be screened from public view.

b.

Glare shall be minimized.

c.

All electrical interconnection and distribution lines within the project boundary shall be underground, except for power lines that extend beyond the project site or are within a substation.

d.

Lighting shall be limited to the minimum necessary for security and shall incorporate shielded full cut-off light fixtures.

e.

Landscaping and/or screening materials may be required to assist in screening the facility from public rights-of-way and neighboring residences to establish compatibility.

f.

If located within a Residential or Commercial zone district, the facility location shall not impede future development plans of the area. Applicant must demonstrate that the use of residential or commercial land for a renewable energy facility is the most practical use of the land given restrictions, limitations or burdens that may preclude residential or commercial development of the property, such as within a flood prone area or is otherwise undevelopable, such as within an oil and gas setback.

g.

Any renewable energy facility that has not been in working condition for a period of eighteen (18) months shall be subject to the Unsafe Structures and Equipment section of the International Building Code, which may require associated equipment to be removed, or the unsafe condition otherwise mitigated if it is determined to be unsafe. If so, determined by the Building Official, the associated equipment shall be promptly removed from the property to a place of safe and legal disposal, after which the site and/or building, as applicable, must be returned to its preexisting condition.

41.

Repair - servicing of major appliances, vehicles and equipment, such as plumbing shops, electrical shops, sheet metal shops, and automobile garages and similar uses.

42.

Residential facilities, staff supervised - a state licensed facility or group of buildings used to provide twenty-four (24) hour supervised residential group care for children between ages three (3) to eighteen (18) years-old and for those persons under twenty-one (21) years old who are placed by court order prior to their eighteenth birthday, not intended for placement of violent or repeat offenders.

43.

Retail uses, outdoor - the sale or renting of goods and conveniences directly to consumers which require large outdoor areas for display of merchandise, service, amusement, or storage, such as farm implement sales, greenhouses; nurseries, drive-in movies, automotive fueling stations, feed and grain stores, mobile home sales, restaurants, and other establishments of a similar nature.

44.

Retail uses, indoor - the sale or renting of goods and conveniences directly to consumers within a building, such as supermarkets, restaurants, liquor stores (subject to licensing requirements), drugstores, department stores, hardware stores, variety stores, furniture stores, laundry/dry cleaners, art studios, and other similar uses.

45.

Salvage yard - collecting, storing and/or selling scrap metal or discarded material or for collecting, dismantling, storing, salvaging or demolishing vehicles, machinery or other material and including the sale of such materials or parts.

46.

School, private - an independent or privately-funded elementary, middle, junior, high, or alternative school which satisfies the compulsory school attendance requirements of the State of Colorado.

47.

School, public - a publicly-funded elementary, middle, junior, high, or alternative school which satisfies the compulsory school attendance requirements of the State of Colorado.

48.

School, higher education/vocational - a community college, junior college, college, university or specialized instructional establishment that provides on-site training, including driving schools, hairdressing schools, and other similar uses. This definition does not include training in an activity that is not an allowed use in the zone district in which the property is located. Incidental instruction in conjunction with a principal use shall not be considered a vocational school.

49.

Theater - a building, or part thereof, devoted primarily to the showing of motion pictures or for dramatic, dance, musical, or other live or cultural performances.

50.

Transportation facility - facility for loading, unloading, and transferring passengers, baggage, and incidental freight between modes of transportation. This use includes bus terminals, railroad stations, and public transit stations.

51.

Treatment of humans, restrained - pre-parole facilities, jails, reformatories, mental hospitals, and similar buildings where personal liberties are restrained.

52.

Warehousing - the use of a site for the storage of goods, materials, or equipment, excluding mini-storage units. See mini-storage units.

53.

Wireless communication facility - a wireless communication facility is defined in Section 18.10.020.Z of this Title. Residential satellite dish installations which are three feet or less in diameter, residential single-pole or tower roof or ground-mounted television, or amateur radio antennas are exempt from land use permitting.

a.

Wireless communication facilities that are accessory to a principal use and are forty (40) feet tall or less shall be permitted in accordance with Section 18.02.030.N of this Chapter.

b.

Wireless communication facilities that are a principal use or are accessory and over forty (40) feet tall shall be permitted in accordance with Chapter 10 of this Title.

E.

Prohibited uses.

1.

Marijuana-related uses.

a.

The use of property as a medical marijuana center, optional premises cultivation, or medical marijuana-infused products manufacturing.

b.

The use of property as a retail marijuana store, retail marijuana cultivation facility, retail marijuana products manufacturing facility, marijuana testing facility or marijuana club.

c.

Marijuana club means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee.

d.

See Section 8.18.030 for general smoking restrictions.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Residential limitations. The following setbacks, lot coverage, and height limits apply to all structures on residentially-used lots. In no case shall any setback, exception or modification impede utility services or violate the provisions of a recorded easement.

1.

Front setback. The setback from any right-of-way shall be:

a.

Ten (10) feet if the lot meets the requirements for terrace frontage design in accordance with Section 18.05.030 or the lot meets the requirements for small format housing in accordance with Section 18.05.080.

b.

Twenty-five (25) feet for all other lots.

2.

Corner side setback. The corner side setback from any right-of-way shall be:

a.

Ten (10) feet if the lot meets the requirements for terrace frontage design in accordance with Section 18.05.030 or the lot meets the requirements for small format housing in accordance with Section 18.05.080.

b.

Fifteen (15) feet for all other lots.

3.

Interior side setback. The interior side setback from a property line shall be:

a.

Five (5) feet or one (1) foot for every three (3) feet of building height, whichever is greater.

b.

Zero (0) feet from a building that shares a party wall across the property line.

4.

Rear setback. The rear setback from a property line by zone district shall be:

a.

AG, R1-E: Thirty (30) feet.

b.

R-1, R-2, R-3, R-C: Five (5) feet if the rear property line abuts an alley that is at least twenty (20) feet wide and can take utilities, otherwise twenty (20) feet.

c.

RMH: Ten (10) feet.

d.

Any other zone district: Five (5) feet if the rear property line abuts an alley that is at least twenty (20) feet wide and can take utilities, otherwise twenty (20) feet.

5.

Maximum lot coverage. Maximum lot coverage by lot size with reference to housing types, as defined in Chapter 18.05, Residential Design, provided that stormwater is adequately captured in accordance with Engineering Standards and Specifications.

a.

Detached house, one (1) acre or greater: Fifty (50) percent.

b.

Detached house, six thousand (6,000) square feet up to but not including one (1) acre: Seventy (70) percent.

c.

Detached house, thirty-five hundred (3,500) square feet up to but not including six thousand (6,000) square feet: Eighty (80) percent.

d.

Small format house, less than thirty-five hundred (3,500) square feet: Eighty-five (85) percent.

e.

Duplex or multi-unit house: Seventy-five (75) percent.

f.

Row house or apartment with twelve (12) units or fewer: Eighty-five (85) percent.

g.

Apartment with more than twelve (12) units: Seventy (70) percent.

6.

Maximum building height. Maximum building height by housing type per Chapter 18.05, Residential Design.

a.

Detached house, duplex, or multi-unit house: Thirty-five (35) feet or three (3) stories.

b.

Small format house: Twenty-five (25) feet or two (2) stories.

c.

Row house, any zone, or apartment in R-2 zone district: Forty (40) feet or three (3) stories.

d.

Apartment in R-3 zone district: Sixty-five (65) feet or six (6) stories.

B.

Nonresidential use and mixed-use limitations. The following setbacks, lot coverage, and height limits apply to all structures on nonresidential and mixed-use lots. In no case shall any setback, exception or modification impede utility services or violate the provisions of a recorded easement.

1.

Front and corner side setback. The setback from any right-of-way shall be:

a.

Ten (10) feet if the lot meets the requirements for frontage A or B design in accordance with Section 18.06.030.

b.

Twenty-five (25) feet for all other lots.

2.

Rear and interior side setback. The rear and interior side setback shall be:

a.

Five (5) feet or one (1) foot for every three (3) feet of building height, whichever is greater, from a structure on a commercial or industrial use lot to the property line shared with another commercial or industrial use lot.

b.

Twenty (20) feet from a structure on a commercial use lot to the property line shared with a residential use lot.

c.

Thirty (30) feet from a structure on an industrial use lot to the property line shared with a residential use lot.

d.

Zero (0) feet from a building that shares a party wall across the property line.

3.

Maximum lot coverage. Maximum lot coverage provided that stormwater is adequately captured in accordance with Engineering Standards and Specifications: Eighty (80) percent.

4.

Maximum building height. The maximum building height per zone district shall be as follows unless stated otherwise in this Title.

a.

C-1: Thirty-five (35) feet.

b.

R-C, C-3, C-4, I-1: Forty (40) feet.

c.

C-2: Forty (40) feet for nonresidential use buildings; sixty (60) feet for mixed commercial and residential use buildings.

d.

I-2: Sixty (60) feet.

e.

I-3: One hundred (100) feet.

f.

Nonresidential uses in all other zone districts: Thirty-five (35) feet.

C.

Structure separation. A structure shall be separated from another structure at least ten (10) feet unless joined to another structure by a party wall.

D.

Oil and gas setback. Habitable structures shall be set back:

1.

Fifty (50) feet from plugged and abandoned oil and gas facilities.

2.

Two hundred fifty (250) feet from all other oil and gas facilities.

E.

Setback encroachment.

1.

Projections over public rights-of-way, or any similar area designed for pedestrian circulation, shall be at least ten (10) feet above the grade, and at least five (5) feet of any curb for a street, access drive, or other area for vehicles.

2.

Structural projections such as balconies, chimneys, eaves, cornices, awnings, fire escapes, or egress wells may extend up to four (4) feet from the foundation and encroach into the setback, but no closer than five (5) feet from any lot line.

3.

Ground-mounted mechanical equipment, condensers, meters, and utility boxes accessory to the building may be located in the side or rear setback, provided that it extends no more than six (6) feet from the principal building, no closer than five (5) feet to the lot line, and is screened from public right-of-way by structures or landscape. These limitations do not apply to any utility structures otherwise authorized to be located according to easements or in the right-of-way, which shall follow the location and design standards of those specific authorizations.

4.

Accessory structures less than one hundred twenty (120) square feet may encroach into the rear setback, but no closer than five (5) feet to the property line.

F.

Height limit exceptions.

1.

Accessory building elements integral to the design and construction of the building, such as parapet walls, false mansards, or other design elements essential to quality building appearance may extend up to six (6) feet above the roof deck on a flat roof.

2.

Architectural features such as chimneys, ornamental towers or spires, and similar accessory elements that are cumulatively less than twenty (20) percent of the building footprint may extend up to fifty (50) percent above the actual building height.

3.

Functional and mechanical equipment such as elevator bulkheads, cooling towers, smokestacks, roof vents, or other equipment may be built up to their necessary height in accordance with building codes provided they are screened according to the standards of this Code.

(Ord. 814-24, § 1, 2024; Ord. 804-23, § 2(Exh. A), 2023)

A.

Intent. In addition to the general use and development standards applicable to all districts, permitted uses may include other accessory uses. This section provides basic performance standards for all accessory uses and specific standards for particular accessory uses.

B.

Accessory dwelling. Accessory dwellings are permitted as an accessory use to a principal dwelling as indicated in Table 18-5-1 of Chapter 18.05, Residential Development, and are subject to the following additional standards:

1.

One accessory dwelling may be permitted per eligible lot.

2.

Accessory dwelling units may be located within the principal building, such as an attic or basement apartment, or located in a detached accessory building.

3.

The accessory dwelling shall not exceed fifty percent (50%) of the living area of the principal dwelling.

4.

A minimum of one (1) additional off-street parking space shall be provided for the accessory dwelling. The number of additional off-street parking spaces shall equal the number of bedrooms in the accessory dwelling unit. The accessory dwelling parking space(s) shall be confined to a garage or paved or gravel driveway.

5.

The accessory dwelling shall be architecturally consistent with the principal building.

6.

A detached accessory dwelling shall meet all applicable standards in Chapter 18.05, residential development and design.

C.

Accessory structure. Accessory structures shall be permitted in association with and on the same lot as a principal building and are subject to the following additional limitations.

1.

All accessory structures shall be clearly incidental and subordinate to the principal building and use, in terms of scale, location, and orientation.

2.

Minor accessory structures one hundred twenty (120) square feet or less, less than ten (10) feet high, and not on a foundation or slab shall be movable, are subject to meeting all easement conditions, and are not subject to the design standards in Chapters 18.05 or 18.06, provided they are:

a.

Setback more than eight (80) feet from any public right-of-way or public space; or

b.

Otherwise not visible from any public right-of-way or public space due to the location and orientation of the principal structure.

3.

Accessory structures with vehicle access directly from an alley or shared easement shall be situated to avoid parking that encroaches in the alley or easement.

4.

For residential and commercial accessory structures over one hundred twenty (120) square feet, the design shall meet all applicable design standards for a principal building and be compatible with the principal building considering materials, architectural details and style, window and door details, and roof pitch and form.

5.

In zones R-1, R-2, R-3, and R-C, accessory structures shall not exceed the height of the of the principal building or have a roof peak above twenty-two (22) feet above finished floor, whichever is less.

6.

In zone RMH, the height of accessory structures shall not exceed fifteen (15) feet.

D.

Accessory uses, generally. Principal uses may include accessory uses subject to the following general standards, and any applicable standards in this Section:

1.

The use, and any structure, is clearly incidental and subordinate to an allowed use and customarily associated with the allowed use.

2.

The use is on the same lot as the principal use or adjacent lot so long as the adjacent lot is under the same property ownership or same lease contract.

3.

The use is compatible with the general character of the area and comparable in scale and intensity to uses of other property in the vicinity.

4.

No use or structure may be constructed, maintained, or conducted in a way that produces noise, vibration, noxious odor or material, any visible light, glare or other visible impacts that are harmful, damaging or disturbing to the adjacent property.

5.

Any structures or site design elements to support the use can be screened or located to minimize impact on adjacent property or are not significantly different from what is typical for other allowed uses in the district.

6.

There are no unusual traffic patterns or increases in operational activity that impact the use and design of streets and public spaces differently than other allowed uses.

7.

All uses and structures are conducted in a way that is consistent with the intent and objectives of all other design and development standards applicable to the property. See Chapter 18.05, residential development and design, and Chapter 18.06, nonresidential development and design.

E.

Reserved.

F.

Commercial vehicle parking on residential lots or parcels.

1.

Any vehicle that requires the driver to have a Class A, B or C driver's license to operate shall be considered a commercial vehicle for the purpose of this Title.

2.

Only one (1) commercial vehicle and/or trailer shall be allowed per lot, except those associated with an active construction project.

3.

The vehicle and/or trailer shall belong to a resident of the dwelling on the lot on which the vehicle and/or trailer is located.

4.

The vehicle shall not exceed one (1) ton capacity. The trailer shall not exceed fifteen (15) feet.

5.

The vehicle and/or trailer shall be wholly located within the property boundary in a designated parking space on an improved surface.

G.

Craft Manufacturing. Production, storage, and distribution of products, or other on-site manufacturing, is allowed accessory to an otherwise allowed commercial use, provided below. Otherwise, such uses are only permitted as a principal manufacturing use.

1.

The manufacturing area is no more than fifty (50) percent of the building area, and any outdoor storage is limited to all applicable site design and screening standards.

2.

That all manufacturing areas, warehousing, shipping and distribution facilities are clearly subordinate to the principal commercial use, and all manufacturing is to support the principal use.

3.

No byproducts such as smell, waste, smoke or noise result from the manufacturing that is distinctly different or of greater intensity than the principal use.

4.

Traffic, customer, and shipping patterns and activities from the manufacturing use are not distinctly different from the principal commercial use in terms of intensity and hours of activity.

5.

Examples include microbrewery, bakery, furniture shop, art studio, or similar retail uses with limited and subordinate on-site manufacturing.

H.

Fences, walls, and hedges. Fences, walls, and hedges may be placed in appropriate locations in order to provide screening and enclosures in accordance with the following limitations:

1.

Fences and walls shall be constructed of materials which are compatible with the surrounding improvements.

2.

Materials and maintenance.

a.

No fence shall be constructed, in whole or in part, of concertina, razor wire, tin or wood scraps, unless installed by a government agency.

b.

All fencing shall be constructed of brick, wood pickets, vinyl, wrought iron, decorative concrete block, steel, chain link or other material normally used for fencing and shall be constructed to conceal or integrate all structural members of the fence into the architectural design of the fence.

c.

No barbed wire fence may be permitted within the City, unless approved by the Director. Any request for the installation of barbed wire fencing shall be accompanied by a written submittal explaining the purpose for such fencing and a design which allows for the installation of the fence which would ensure that the barbed wire fence shall not be constructed in a hazardous manner. Barbed wire fencing in industrial areas may be allowed provided that no more than three (3) strands of barbed wire are added to the height of a fence and provided the lowest strand of barbed wire is maintained at least six and one-half feet (6.5 FT) above the adjoining grade. Barbed wire required by Title 16 shall be exempt from this provision.

3.

Height.

a.

Fences and walls which are located in required front yard setbacks shall not exceed four (4) feet in height above adjoining grade, except in industrial zone districts.

b.

Other fences and walls shall not exceed six (6) feet in height as measured vertically from the surrounding grade, on all sides of the fence or wall, to the highest point of the fence or wall and shall comply with all applicable sight distance provisions, except:

1)

Fences reviewed as part of an approved site plan for a nonresidential site, which may be allowed up to eight (8) feet in height; or

2)

Fences and walls installed by a government agency for the purpose of a traffic sound barrier, which shall be allowed to exceed the height limitation up to twelve (12) feet.

4.

Within a sight distance triangle, fences are limited to three (3) feet tall, in accordance with adopted Engineering Standards and Specifications. Height changes, offset angles and the use of complementary materials may be used to create variety in fences and walls.

5.

Fences, walls and hedges shall not be located on any public right-of-way without the written consent of the City Engineer. The City may require such improvements to be removed or relocated by the adjacent property owner at no cost to the City.

6.

Fences, walls and hedges shall maintain a minimum clearance from fire hydrants as provided for in the latest edition of the International Fire Code, as adopted.

7.

Fences with pickets and adjacent to public right-of-way shall have the posts erected on the interior side of the fence so that the pickets are between the posts and the right-of-way.

I.

Flammable storage. The storage or handling of bulk gasoline and bulk flammable fertilizer, propane, natural gas or other flammable items is allowed as an accessory use in commercial and industrial zone districts. Storage and handling shall comply with any Evans Fire Protection District requirements at all times.

J.

Household pets, horses and other animals.

1.

Areas in which animals are maintained shall not create odors, dust, noise or drainage which constitutes a hazard or nuisance to adjoining properties or uses.

2.

The housing and existence of animals shall be in accordance with Title 6 of this Code.

3.

Livestock. The limitations in Table 18-2-2: Animal Unit Equivalency Chart shall apply to the keeping of livestock as an accessory use to farming, residential uses, or any other use involving livestock. This chart shall not be used in a cumulative fashion. For example, in the AG (Agricultural) Zone District, there is a maximum of two (2) animal units permitted per acre. These animal units may be derived from a combination of animals, but in no event shall it exceed the maximum of two (2) animal units per acre.

a.

Young stock, less than fifty percent (50%) adult weight, reduces the above equivalency factor by one-half (½).

b.

"Per acre" refers to areas specifically devoted to animal use.

K.

Home occupations. Home occupations may be accessory to a primary residential use on the lot and shall meet all of the following standards:

1.

The occupation shall be limited to residents of the dwelling and no other employees may be at the site for the purpose of conducting any part of the business operation. If the resident applicant is not the homeowner, the homeowner shall provide authorization with the permit application.

2.

Areas dedicated to the use and storage for a home occupation shall not exceed more than twenty percent (20%) of the habitable floor area of the dwelling, except as may be required for a state-licensed child care home.

3.

All activity shall be conducted within an enclosed living area, accessory building, or the garage, except as required for state-licensed in-home family child care.

4.

Any materials or equipment used in the home occupation not customary to residential use shall be stored within an enclosed structure.

5.

No alteration of the exterior of the principal residential building or site shall be made which changes the residential character of the building or site, including use of colors, materials, construction, lighting or signs.

6.

No traffic, services, or deliveries shall be generated by the home occupation that is abnormal to a residential neighborhood. In general, this shall be limited to:

a.

No more than one customer vehicle parked at the property at a time, except for drop off of children for child care or instruction;

b.

No more than ten (10) client visits per week, except for drop off of children for child care or instruction.

c.

Delivery of products or materials is limited to that normally associated with residential purposes.

7.

All parking necessary for the use shall meet the neighborhood design standards, and be confined to the garage, driveway or street directly in front of the dwelling, except for customary agricultural vehicles and equipment at rural homes.

8.

No equipment, machinery or operation shall be used in such activities that are perceptible off the premises because of noise, smoke, odor, dust, glare, radiation, electrical interference or vibration.

9.

There shall be no retail operations that result in regular or intermittent customer visits to the home, except for the sale of agricultural produce at a rural home, where all merchandise was produced on site.

10.

The property shall be in compliance with all other building codes and property maintenance standards.

11.

Use of utilities shall be limited to those normally associated with residential purposes.

12.

Prohibited home occupations. Certain home business uses have demonstrated a tendency to cause impacts to a neighborhood that are detrimental to the character and value of residential properties, and have associated impacts upon the public health, safety and general welfare in residential areas. The following uses, regardless of whether they meet the performance standards, are not permitted. These businesses shall include but are not limited to the following:

a.

Equipment rental.

b.

Funeral chapels, mortuaries or funeral homes.

c.

Medical or dental clinics.

d.

Repair or servicing of large appliances including stoves, refrigerators, washers and dryers.

e.

Repair or servicing or painting of automobiles, motorcycles, trailers, boats and other vehicles.

f.

Restaurants.

g.

Storage of commercial equipment, such as for construction, oil and gas, et cetera.

h.

Vehicle dispatching to and from residential premises. This prohibition includes, but is not limited to taxi services, towing services and the like.

i.

Veterinary clinics, animal hospitals or kennels.

j.

Wedding chapels.

13.

All home occupations shall require a permit issued by the Director according to the following:

a.

An application form and materials shall be submitted to the Community Development Department.

b.

A concurrent business license application shall be submitted to the Finance Department for approval of a business license.

c.

A permit may be approved by the Director upon a finding that all criteria are met. The Director may require any additional conditions of limitations to ensure that the criteria continue to be met.

d.

A permit is valid only for the original applicant, and is not transferable to another person or to another location.

e.

The Director may revoke a permit for non-compliance with these criteria, violation of any conditions of the approval, misinformation or misrepresentation in the application, or a change in the nature or extent of the use, or any other circumstance that violates the public health, safety, and welfare.

L.

Outdoor sales display. Outdoor sales display shall be allowed as an accessory use in compliance with the following limitations:

1.

Shall be located within the front of commercial business selling/renting product, not to exceed seventy-five percent (75%) of linear frontage.

2.

Shall not block entrances nor exits, safety equipment or doors.

3.

Shall not block the minimum sidewalk depth for commercial space, nor block driveway or use of parking spaces.

4.

The maximum amount of product display under a gas station canopy or within a gas station service area shall not exceed one hundred (100) square feet.

M.

Outdoor storage, nonresidential. Accessory outdoor storage may be permitted where indicated in Table 18-2-1, subject to the following standards in addition to those standards applicable to all outdoor storage in Section 18.02.020.C.30 of this Chapter:

1.

The storage area shall be located behind the front building line of the principal building.

2.

The storage area shall be located in the most remote section of the site or building possible, no closer than thirty (30) feet to any street or right-of-way.

3.

The storage area shall be limited to twenty percent (20%) of property area in commercial zone districts.

4.

The storage area shall be paved per the requirements for parking lots in commercial zone districts and a stabilized dust-free surface or pavement may be used in industrial zone districts.

5.

No materials shall be stacked higher than the screening.

N.

Recreational vehicle (RV), boat and trailer storage.

1.

Only one (1) RV, boat or trailer shall be located on a residential lot.

2.

Any stored RV, boat or trailer shall be registered to the property owner or tenant of the property on which it is located.

3.

The RV, boat or trailer shall be stored in the rear yard, screened by a privacy fence at least five (5) feet from a property line.

4.

The RV, boat or trailer may be allowed in the front yard for cleaning and maintenance for a twenty-four-hour (24 hr.) period with advance notice to the City.

O.

Temporary construction or sales office. A temporary construction or sales office that is accessory to a permitted development project shall comply with the following:

1.

The office shall be located on a lot within or adjacent to the construction site.

2.

The office may be permitted on the site until seventy-five percent (75%) of the project is built out.

3.

If the office is intended as a model home, it shall be completed to meet all Building and Zoning Code requirements.

P.

Temporary structure. A structure that is designed to be used temporarily; such as a tent, canopy, or other temporary work or storage space; shall comply with the following:

1.

The structure shall meet all setback requirements that would apply to a permanent structure.

2.

The structure shall be removed at the end of twelve (12) months in accordance with the definition of "temporary" in Chapter 18.11, unless the Director has approved an extension, not to exceed twenty-four (24) months.

Q.

Wireless communication equipment. Wireless communication equipment that is the principal use or equipment that is over forty (40) feet tall shall be permitted in accordance with Chapter 18.10 of this Title. Any accessory wireless communication equipment used to transmit and receive radio, television or communication signals that is placed on a tower less than forty (40) feet tall shall comply with the following standards:

1.

The placement of all equipment shall conform to all standards of the zone district and shall not be located in any required setback or on any structure unless architecturally screened.

2.

The height of the tower shall not exceed forty (40) feet.

3.

The operation of the antenna shall not cause interference with any electrical equipment in the surrounding neighborhood, such as television, radio, telephone or computers unless exempted by federal regulation.

4.

Any tower, antenna, or equipment shall be a single, non-reflective color.

5.

The antenna shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood.

6.

The antenna and equipment shall be accessory to the principal use of the lot or site.

(Ord. 833-24, § 2, 2024; Ord. 804-23, § 2(Exh. A), 2023)

A.

Intent. To provide for the regulation of temporary and seasonal uses for selling a product, food, or to provide a temporary service which is for a short duration or seasonal in nature and to address the impact of these uses on surrounding properties, including aesthetics and economic development. Temporary uses may be permitted through a temporary use permit in lieu of a site plan review. Temporary uses are required to meet all applicable standards of the zone district.

1.

Mobile food vendors are not considered temporary uses and are regulated by Chapter 11 of Title 5 of this Code.

B.

Temporary uses allowed. Temporary uses shall be limited to the following uses:

1.

Christmas tree lot.

2.

Agricultural product.

3.

Fireworks stand.

4.

Carnival, circus, or similar festival.

5.

Open air market, such as a flea market or farmers market, subject to additional requirements in Title 5 of this Code.

6.

Promotional event on the same site as the principal use and shall be no greater than two thousand (2,000) square feet in area.

7.

Combative sporting or boxing event, as permitted under Title 12, C.R.S., known as the Colorado Professional Boxing Safety Act or rules issued by the Colorado Combative Sports Commission created in Section 12-110-106, C.R.S.

C.

Temporary use permit. An application for a temporary use permit shall be submitted by the landowner, or an agent of the landowner with written permission from the owner at least thirty (30) days prior to the desired issue date if City Council approval is required and fourteen (14) days prior to the desired issue date if no City Council approval is required.

1.

The permit shall have a specified start and end date not more than ninety (90) days per year or be based on a schedule that includes no more than ninety (90) days per year.

2.

The applicant shall submit a complete description of the event or activity, including anticipated traffic, hours and peak times of operation, access and circulation plans, the ability to accommodate fire and police access, and any need for special protection or other public safety, health and welfare needs. A noise event permit may be required.

3.

The applicant shall submit a plan identifying the extent of the grounds, gathering places and circulation routes, any streets or public spaces to be dedicated to the event, the location of all structures, equipment or other accessory facilities, and any utility needs for these structures, equipment or fixtures.

4.

The Community Development Department shall review the request, sending the application to any applicable referral agencies for a review period not to exceed seven (7) days.

5.

Within fourteen (14) days of submittal, the Director shall make a decision to approve or deny the temporary use permit based on compliance with applicable standards and review criteria or submit a recommendation to approve or deny the permit to City Council. The temporary use permit may be conditioned to improve compatibility.

6.

The Director may extend the permit one time for up to an additional thirty (30) days. The extension shall only be permitted based on circumstances not foreseeable at the time of the original permit and provided no problems have arisen under the original permit.

D.

Standards. All activities and any temporary structures shall meet the zone district setbacks and standards, with the exception of the following:

1.

Parking requirements shall generally be met for the principal use and the temporary use, except that the Director may account for any existing and underutilized parking, the duration of the event, and any transportation management when considering the permit criteria.

2.

Garage sales for residential property are not subject to the standards of this section or required to get a permit, provided:

a.

It is operated by the owner or resident of the property;

b.

It is for goods not acquired specifically for resale; and

c.

It is limited to no more than three (3) consecutive days, and no more than two (2) events per calendar year.

E.

Review criteria. A temporary use permit shall be evaluated based on the following:

1.

The proposed use is of a scale, intensity and format that is ordinarily occurring in the vicinity considering the size, anticipated traffic, hours of operation and duration of the event.

2.

The anticipated traffic and parking can be handled by the existing street network, site access and lot layout, or the applicant has demonstrated sufficient management strategies and procedures to mitigate any potential negative effects on the area.

3.

Potential negative impacts are mitigated, including limiting hours of operation, buffers and screening, transportation management, or other evidence or plans to accommodate concerns and limit impacts on surrounding property owners or residents. Other conditions may be imposed upon a permit necessary to protect the public health, safety, and welfare.

4.

The use shall comply with all other applicable codes, licenses, or other public health, safety, and welfare requirements.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Intent. This section is intended to provide regulations for mobile food vendors. Mobile food vending means the use of a legal motorized wheeled vehicle, legal towed wheeled vehicle, or pushcart, or other temporary operation designed and equipped to prepare and/or serve food and/or non-alcoholic beverages. A mobile food vendor is required to obtain a permit to operate within the City of Evans.

B.

Standards. Mobile food vendors shall comply with the following standards:

1.

No vendor may use, for the purpose of on-site storage, display or sale, any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device not described on the face of the license.

2.

No such vehicle, structure or device referred to in Subsection A of this Section shall be located:

a.

In any public parking space in a manner that does not comply with applicable parking regulations.

b.

Upon a public right-of-way, or public street, alley or sidewalk within a city park or other city property unless vending is pursuant to a concession agreement or other agreement with the city.

c.

In any location in which the vehicle, structure or device may impede or interfere with or visually obstruct:

1)

The safe movement of vehicular and pedestrian traffic;

2)

Parking lot circulation; or

3)

Access to any public street, alley or sidewalk.

3.

No vendor shall operate during the hours of midnight to 5:00 a.m. and must remove the vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device from the location unless vendor owns or has a lease for the property on which the vending vehicle is located.

4.

Every vendor must obtain the written consent of the property owner of the property on which the vending vehicle is located.

5.

No vendor may provide drive-in or drive-through services to the vending vehicle.

6.

Each vendor who, during the course of its licensed activities, operates within or enters upon a public right-of-way or publicly owned property shall maintain liability insurance. Any vendor who fails to provide proof of such insurance shall be prohibited from operating within or entering upon such property.

7.

Each vendor shall pick up and dispose of any paper, cardboard, wood or plastic containers, wrappers or any litter which is deposited within twenty-five (25) feet of the designated location or within twenty-five (25) feet of the point of any sale or transaction made by the vendor if the radius of the designated location exceeds twenty-five (25) feet. The vendor shall carry a suitable container for the placement of such litter by customers or others.

8.

Each vendor shall maintain in safe condition any vehicle, structure or device as described in Subsection A of this section, so as not to create an unreasonable risk of harm to the person or property of others, and shall use flashing lights and other similar warning and safety indicators when stopped to vend services in any location in a street right-of-way.

9.

No vendor shall leave unattended any vehicle on a public right-of-way or on public property.

10.

Each vendor shall prominently display the license issued hereunder in a location readily visible to the public on each vehicle.

11.

Each vendor operating in an on-street location must serve the public only from the sidewalk or curbside and not from the street or adjacent parking spaces.

12.

Each vendor shall comply with the provisions of all applicable ordinances of the city as well as the requirements of all state and federal laws, including, but not limited to, noise restrictions, fire code, sign regulations, limitations on discharge of liquid waste, sales and use tax requirements and food safety and other related requirements established by state or county regulation.

13.

Mobile food vendors shall vend alcohol only with an approved liquor license.

14.

Any signage shall be permanently affixed to or painted on the mobile food truck, with no signs or banners in or alongside street right-of-way or across roadways.

C.

Enforcement. In addition to other penalties for violating this Code, the Director has the authority to revoke the mobile food vendor permit for any mobile food vendor who fails to comply with the standards in Section 18.02.060.B. If the permit is revoked, the mobile food vendor may not reapply for one calendar year. Failure to comply with the standards may also result in denial of a business license for the next calendar year.

(Ord. 804-23, § 2(Exh. A), 2023)