Table 3-1 below lists the principal uses permitted within all standard zoning districts. For the PUD district, unless expressly modified in the PUD development plan, uses shall be as specified in Table 3-1 for the appropriate land use category. Each of the listed uses is defined in Chapter 11.

A.

Explanation of table abbreviations.

1.

Permitted uses. "P" in a cell indicates that the use is permitted by right, without special conditions other than those imposed upon other uses by right in the district. Permitted uses are subject to all other applicable regulations of this FDC, including the use-specific standards set forth in this Chapter and the requirements of Chapter 6.

2.

Special Review Uses. "S" in a cell indicates that, in the respective zoning district, the use is permitted only if reviewed and approved as a Special Review Use in accordance with the procedures of Section 16.7.11. Special Review Uses are subject to all other applicable regulations of this FDC, including the use-specific standards set forth in this Chapter and the requirements of Chapter 6.

3.

Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.

4.

Use-specific standards. Regardless of whether a use is permitted by right or permitted as a Special Review Use, there may be additional standards that are applicable to the use. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to Section 16.3.2. These standards apply in all districts unless otherwise specified.

B.

Table organization. In Table 3-1, land uses and activities are classified under a "primary use classification" (such as Residential or Commercial) and then into specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories and specific uses may be listed in one (1) category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

C.

Use for other purposes prohibited. Approval of a use listed in Table 3-1, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically permitted in Table 3-1, and approved under the appropriate process is prohibited, unless otherwise permitted as noted below.

D.

Classification of new and unlisted uses. Notwithstanding the prohibition stated in Subsection 16.3.1.C above, new types of land use will develop and forms of land use not anticipated may seek to locate in the Town. In order to provide for such situations, a determination as to the appropriate classification of any new or unlisted form of land use shall be made. When application is made for a use category or use type that is not specifically listed in Table 3-1, the procedure set forth below shall be followed.

1.

The Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Director shall consider its potential impacts, including but not limited to: the nature of the use and whether it involves dwelling unit activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.

2.

Standards for new and unlisted uses may be interpreted as those of a similar use by the Director.

3.

Appeal of the Director's decision shall be made to the Board of Adjustment following procedures under Subsection 16.7.20.A.

E.

Table of permitted uses.

(Ord. No. 1003, §§ 3, 4, 12-8-2021; Ord. No. 1056, § 1, 12-5-2024)

A.

Residential uses.

1.

Dwelling, live/work. Work areas of the dwelling shall be located in the front and/or ground level of the structure closest to adjacent right-of-way to the maximum extent practicable.

2.

Dwelling, single-family detached. Lots within any AG district shall be limited to one (1) single-family detached dwelling per lot.

3.

Model homes. The following standards shall apply to all model homes:

a.

Approval.

i.

Model homes shall require the approval of the Director through an administrative plot plan review. Building permits for model homes shall be issued after paved streets are completed and accepted by the Town Engineer and the applicant has demonstrated the model homes will be connected to the Town's potable water and sanitary sewer system as applicable; and

ii.

Off-street parking, sidewalks and landscape improvements servicing the model home shall be installed prior to the issuance of a temporary certificate of occupancy for any model home.

b.

Plot plans. Plot plans shall be filed that demonstrate:

i.

Paved street access with sidewalk and landscaping that conform to district and development standards;

ii.

The location of temporary on-site sales offices within the model home; temporary parking lots with all-weather surfacing; and temporary trap fencing;

iii.

Connection to the Town's potable water and sanitary sewer system as applicable; and

iv.

For sales trailers, a temporary use permit shall be required in conformance with Section 16.3.4.E.2.

c.

Development standards. Model homes and associated parking shall conform to the development and design standards applicable to residential uses in the zone district, and with the following additional standards:

i.

Standards for temporary off-street parking. Model homes shall provide temporary off-street parking onsite or on an adjacent lot that conforms to the development and design standards for parking lots for similar commercial uses, as may be modified by the Director to reflect the temporary nature of the use. The temporary off-street parking shall have all-weather surfacing. Temporary parking lots shall be removed prior to the issuance of the last certificate of occupancy for a dwelling unit in the development is issued. Within thirty (30) days of a parking lot being removed, the owner shall re-vegetate the lot.

ii.

Standards for temporary fencing. Temporary fencing or trap fencing, if provided, shall be located within the lot(s), at least one (1) foot away from the back of sidewalk, and in conformance with fence standards located within front setbacks detailed in Section 16.6.4.H. No such temporary fencing shall be constructed without first obtaining a fence permit. Temporary fencing shall be removed prior to sale of the model homes for residential use.

4.

Group homes, state-licensed. The following requirements apply to all state-licensed group homes, as defined in Section 16.11.3:

a.

Generally. All group homes:

i.

Shall obtain and maintain all required state, county, and local licenses and all other certifications required from any other applicable certifying or regulatory body for occupation and operation.

ii.

Shall comply with all standards, rules, regulations and policies promulgated and adopted by the applicable state, county, and local licensing authority or other designated certifying or regulatory body.

iii.

Shall comply with all applicable state statutes, including without limitation all provisions of Art. 80 of Title 27, Colorado Revised Statutes, as amended, and C.R.S. § 31-23-303, as amended, and all applicable fire, building and safety codes, as adopted by the Town.

iv.

Separation requirements. No group home within any residential zone district shall be located on an adjacent lot or parcel or within the spacing requirements provided in C.R.S. § 31-23-303(2), as amended.

v.

Threats to Public Safety. As authorized by 42 U.S.C. § 3604(f)(9), no group home shall provide housing to any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical danger to the property of others.

b.

Supplemental standards for recovery residences. The following supplemental standards apply to all residential group homes, as defined in Section 16.11.3, which qualify and receive certification as "recovery residences" pursuant to C.R.S. § 27-80-129:

i.

Meetings or gatherings on-site that are consistent with this Code's definition of a family use shall be allowed, however they shall only be for residents, family of residents, and necessary persons required for the support, care and supervision of the resident persons. This does not permit conducting ministerial activities of any private or public organization or agency or permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district.

ii.

No client, resident or occupant of a recovery residence, who has been discharged for possessing alcohol, nonprescription drugs, or illicit drugs or otherwise discharged according to the recovery residence's discharge and transfer policy, shall enter or remain upon the premises of the recovery residence, unless that person has been expressly invited onto or permitted to remain upon the premises by the owner or operator thereof.

iii.

No owner or operator of a recovery residence shall encourage, permit, or allow any individual, including a client:

(1)

To engage or continue engaging in any criminal activity or other acts in violation of the Firestone Municipal Code occurring on or within the premises; or

(2)

To use, adapt, or modify all or a part of the premises in any way to conceal or facilitate the commission of any activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or municipal law, whether occurring on- or off-premises.

iv.

The owner or operator of a recovery residence shall notify the Director if the recovery residence's Colorado Agency for Recovery Residences ("CARR") certification is revoked, suspended, limited, modified, or denied for any reason, or if the owner or operator has voluntarily surrendered the recovery residence's CARR certification. Written notification shall be provided within ten (10) days of CARR's action or decision on the certification or the date of surrender

v.

The owner or operator of a recovery residence shall semi-annually (by March 31 and September 30 of each year), and otherwise upon request by the Town, provide a certificate to the Town, in a form provided by the Town, documenting compliance with this section and verifying adherence to all CARR certification and inspection requirements.

B.

Institutional and public uses.

1.

Child care center. All child care centers, both large and small, shall meet all of the applicable state law and regulations for licensed child care facilities, as set forth in C.R.S. § 26-6-102 et seq., as amended, and the Regulations of the Colorado Department of Human Services (12 CCR 2509-8), as amended.

C.

Commercial uses.

1.

Adult business uses. Pursuant to Section 16.2.6.G.4.

2.

Agricultural grazing. The raising of hogs, pigs or other livestock fed from silage, garbage or offal is prohibited as part of this use.

3.

Animal hospitals, large and small animals.

a.

Unless outdoor facilities are authorized under Table 3-1, all facilities, including all treatment rooms, cages, pens, kennels, training rooms and exercise runs, shall be maintained within a completely enclosed, soundproof building and shall be sufficiently insulated so that, to the maximum extent feasible, noise or odor cannot be detected off-premises.

b.

Kennels or animal day care facilities with outdoor facilities shall be located a minimum of five hundred (500) feet from any residential zone district except that any existing facility as of the date of adoption of this FDC shall not be rendered legally nonconforming. Relief from the five hundred (500) feet separation may be granted given alternative design or remediation of impacts.

4.

Kennel or animal day care.

a.

Unless outdoor facilities are authorized under Table 3-1, all facilities, including cages, pens, kennels, training rooms and exercise runs, shall be maintained within a completely enclosed, soundproof building, and shall be sufficiently insulated so that, to the maximum extent reasonably feasible, noise or odor cannot be detected off-premises.

b.

Kennels or animal day care facilities with outdoor facilities shall be located a minimum of five hundred (500) feet from any residential zone district except that any existing facility as of the date of adoption of this FDC shall not be rendered legally nonconforming. Relief from the five hundred (500) feet separation may be granted given alternative design or remediation of impacts.

5.

Drive-through service or drive-up service. Drive-through or drive-up services are permitted as accessory uses to certain primary uses identified in Table 3-1. The following standards apply to all drive-through or drive-up services:

a.

Stacking spaces. Stacking spaces shall be provided pursuant to Table 6-6.1, Schedule A.

b.

Impact on adjacent uses.

i.

A drive-through or drive-up shall be located, sized, and designed to minimize traffic, noise, air emissions, and glare impacts on surrounding properties and rights-of-way.

ii.

The drive-through or drive-up shall be screened from adjacent rights-of-way and properties through architectural elements, screening, landscaping, or site design.

iii.

A landscaping buffer creating an adequate screen with a minimum width of ten (10) feet is required when drive-through or drive-up uses abut residential lots in a residential or mixed-use district.

iv.

The noise generated on the site by talk boxes shall be inaudible at the property line.

6.

Nightclub.

a.

All facilities shall be maintained within a completely enclosed, soundproof building, and shall be sufficiently insulated so that, to the maximum extent reasonably feasible, noise cannot be detected off-premises.

b.

Notwithstanding the general dimensional standards in Chapter 4, except for the OTC zone district, the minimum setback requirement shall be twenty-five (25) feet if adjacent to a public right-of-way or to an industrial zoning district, and fifty (50) feet if adjacent to a non-industrial zoning district.

7.

Fueling station.

a.

Fuel pump canopy design and illumination.

i.

A fuel pump canopy and supporting structure shall utilize the same architectural design and materials as the principal building(s) on the lot.

ii.

Light fixtures mounted under canopies shall be full cut-off, recessed, and shielded so that there is no glare or light spillage at the property line.

iii.

Lights shall not be mounted on the top or sides (fascia) of the fuel pump canopy and the sides (fascia) of the canopy shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of Section 16.6.10.

b.

Car wash bays and vehicle repair bays.

i.

To the maximum extent reasonably practicable, the entrance/exit to a car wash bay or vehicle repair bay shall not be oriented to a street frontage.

ii.

Notwithstanding the general setback requirements in Chapter 4, a twenty-foot landscaped area is required between vehicle service areas, bays, or canopies and any adjacent street. Such area shall be landscaped with a mixture of groundcover, shrubs, trees, and other plants in accordance with Section 16.6.4 in order to screen the automotive wash, repair or maintenance facility from view from adjacent streets.

iii.

Vehicle wash or service bays facing adjacent residential properties shall be adequately screened by a wall, fence, and/or landscaping of at least six (6) feet in height.

iv.

Outdoor vacuuming facilities may be outside, but not in the front building setback nor adjacent to any residential district without adequate visual and sound mitigation.

8.

Restaurant with outdoor seating area.

a.

Eating and drinking establishments, permitted under this FDC, may provide outdoor seating areas on their property. The outdoor seating shall meet the following criteria:

i.

The pedestrian circulation and building entries shall not be impaired. If a private sidewalk is adjacent to the outdoor seating area then a minimum of four (4) feet of open sidewalk shall be maintained free of obstructions.

ii.

Outdoor trash receptacle(s) shall be available.

iii.

The operators of the outdoor seating area shall be responsible for maintaining a clean, litter-free and well-kept appearance for the outdoor seating area.

iv.

Alcoholic beverages shall only be served or consumed within the outdoor seating area in conformance with state law and Town Municipal Code.

v.

The outdoor seating area shall comply with applicable State and County Health Department regulations.

vi.

The Director may impose conditions relating to the design, location, configuration and operation aspects of the outdoor seating to ensure that such area is compatible with surrounding uses.

9.

Outdoor café license.

a.

Eating and drinking establishments, permitted under this FDC, may provide outdoor seating areas on a sidewalk or in a designated parking area within a public right-of-way, provided that pedestrian circulation, vehicular circulation and building entries are not impaired. An application is required for an Outdoor Café License that is subject to issuance by the Director. The Director shall make a determination whether to issue a permit for outdoor seating based on compliance with the following criteria:

i.

To allow for pedestrian circulation, a minimum of four (4) feet of open sidewalk shall be maintained free of obstructions adjacent to the outdoor seating area.

ii.

Pedestrian circulation to the building and building entries shall not be impaired.

iii.

Vehicular circulation within the right-of-way shall not be impaired.

iv.

Within the outdoor seating area, chairs, tables, umbrellas, planters and trash receptacles may be permitted.

v.

A fence or barrier delineating the outdoor seating area shall be permitted within the public right-of-way and may be required as a condition of the issuance of the outdoor café permit.

vi.

All furniture and encumbrances placed within the outdoor seating area must be compatible with the character of the street furniture and be moveable (not permanently attached) to allow maintenance of public infrastructure in the right-of-way as needed, upon request by the Town.

vii.

The operators of the outdoor seating area shall be responsible for maintaining a clean, litter-free and well-kept appearance for the outdoor seating area.

viii.

Alcoholic beverages shall only be served or consumed within the outdoor seating area in conformance with state law and Town Municipal Code.

ix.

The outdoor seating area shall comply with applicable State and County Health Department regulations.

x.

The outdoor café license applicant shall be required to enter into a license agreement with the Town for the use of the right-of-way as a condition of the issuance of the outdoor café permit.

xi.

The Director may impose additional conditions on the issuance of the outdoor café permit relating to the design, location, configuration and operation aspects; including but not limited to lighting, utility extensions and deck height, of the outdoor seating area to ensure that such area is compatible with surrounding uses.

D.

Manufacturing and light industrial uses.

1.

Contractor's shop with storage yard.

a.

Location of site. The use shall not be located within three hundred (100) feet of any residential zone district, school, hospital, park, open space, governmental office, or any other place of public assembly.

b.

Surface requirement. Parking lots/vehicle stacking spaces designated to meet the minimum parking requirements shall be paved in concrete or asphalt. Recycled concrete, recycled asphalt or equivalent may be approved by the Director for non-public storage areas.

c.

Materials and vehicles located in the outdoor storage area shall not exceed the height of the screen wall or fence.

d.

For screening of outdoor storage, see Section 16.6.4.G.9.

2.

Recycling collection point. The following regulations apply:

a.

Recycling collection points located on a parking lot may not occupy required off-street parking spaces and shall be located so as not to impede free traffic flow.

b.

No processing of the goods or products may be performed on the site.

c.

Any container used as a recycling collection point must be fully enclosed, kept in proper repair and the exterior must have a neat and clean appearance.

(Ord. 982 Att., 2020; Ord. No. 1056, § 2, 12-5-2024)

A.

Purpose. This Section authorizes the establishment of accessory uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the standards set forth in this Section.

B.

Approval of accessory uses and structures.

1.

All principal uses permitted in a zone district shall be deemed to include the accessory uses, structures, and activities set forth in this Section, unless specifically prohibited. In addition, Chapter 11 (Definitions), identifies typical accessory uses associated with many principal uses as part of that principal use's definition.

2.

All accessory uses shall be subject to the general standards set forth in this subsection, as well as any use-specific standards set forth in Section 16.3.2 above.

C.

Explanation of table abbreviations.

1.

Permitted uses. "P" in a cell indicates that the use is permitted by right, without special conditions other than those imposed upon other uses by right in the district. A use by right requires no further approval from the Board of Trustees; however, it shall be subject to Final Development Plan review if the associated principal use requires Final Development Plan review. Permitted uses are subject to all other applicable regulations of this FDC, including the use-specific standards set forth in this Chapter and the requirements of Chapter 6.

2.

Special Review Uses. "S" in a cell indicates that, in the respective zoning district, the use is permitted only if reviewed and approved as a Special Review Use in accordance with the procedures of Section 16.7.11. Special Review Uses are subject to all other applicable regulations of this FDC, including the use-specific standards set forth in this Chapter and the requirements of Chapter 6.

3.

Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.

4.

Use-specific standards. Regardless of whether a use is permitted by right or permitted as a Special Review Use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Section 16.3.2. These standards apply in all districts unless otherwise specified.

D.

Classification of new and unlisted uses. When application is made for an accessory use category or use type that is not specifically listed in Table 3-2, the procedure described in Subsection 16.3.1.D, shall be followed.

E.

Table of permitted accessory uses. Table 3-2 below lists the accessory uses permitted within all zoning districts.

F.

General standards. All accessory uses and structures shall comply with the general standards in this Section. No accessory use shall be located on any lot as the principal use.

1.

Compliance.

a.

All accessory uses and structures shall be subject to the standards set forth in this Section, and also the use-specific standards of Section 16.3.2 above and the dimensional standards of Chapter 4. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this FDC, the more restrictive standards shall control.

b.

Accessory uses shall comply with all standards of this FDC applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

2.

Same lot required. The accessory use or structure shall be conducted and/or located on the same lot as the principal use.

3.

Same ownership required. The property where the principal use and the accessory use are occurring shall be under the same ownership.

4.

Same utility meter required. The principal use and the accessory use shall utilize the same utility meter.

5.

Temporary accessory uses and structures. Temporary accessory uses and structures shall be governed by the temporary use permit procedures and standards set forth in Sections 16.7.14 and 16.3.4.

6.

Size of structure. Unless specified below, an accessory use structure shall be subordinate in gross floor area, extent and purpose to the principal use. When multiple accessory use structures are associated with a principal use, the total of all accessory use structures shall be subordinate in gross floor area, extent and purpose to the principal use.

Notwithstanding Subsection 16.3.3.G.1.d, the following are not required to be subordinate in gross floor area:

a.

Barns and other agriculture buildings located in the AG district, shall be exempt.

b.

Within the RR district, accessory structures shall not exceed two (2) times the gross floor area of the principal building.

G.

Additional standards for specific accessory uses and structures.

1.

Accessory dwelling units.

a.

Purpose. Accessory dwelling units are intended to:

i.

Provide a mix of housing that responds to changing family needs;

ii.

Provide a means for residents, seniors, single parents and families with grown children to remain in their homes and neighborhoods, obtain extra income, security, companionship and services;

iii.

Provide a broader range of accessible and more affordable housing;

iv.

Create new housing dwelling units while respecting the look and scale of single-family detached neighborhoods; and

v.

To establish a procedure to minimize potential impacts from these conversions on abutting single-family uses.

b.

Exception from impact fee requirements. New accessory dwelling units shall not be subject to impact fee charges.

c.

Construction of new accessory dwelling units. An accessory dwelling unit may be created by:

i.

Converting an existing living area, attic, basement or garage;

ii.

Addition of floor area to a single-family house;

iii.

Construction of a detached accessory dwelling unit on the single-family lot; or

iv.

Construction of a new single-family detached house with an internal or detached accessory dwelling unit.

d.

General standards. All accessory dwelling units shall meet the following standards:

i.

Districts permitted. Accessory dwelling units shall be permitted as accessory uses to single-family detached residential uses as depicted in Table 3-2. A minimum lot size of four thousand five hundred (4,500) square feet is required.

ii.

Where permitted on lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access, and other standards in the zoning district in which the accessory dwelling unit will be located. Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.

iii.

Size of accessory dwelling unit. No accessory dwelling unit shall exceed thirty-three (33) percent of the size of the habitable floor area of the principal dwelling unit, or nine hundred (900) square feet, whichever is less. In addition, accessory dwelling units shall be no less than five hundred (500) square feet. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.

iv.

Limit on number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family detached dwelling. An accessory dwelling unit shall not serve as the principal dwelling on the site.

v.

Parking requirements.

(A)

On-site parking is not required if an accessory dwelling unit is built on a site with an existing single-family detached house that has on-street parking on the abutting street frontage.

(B)

One (1) additional parking space is required when:

(1)

The street abutting the site does not have on-street parking; or

(2)

The accessory dwelling unit is built at the same time as the single-family detached house.

vi.

Design standards.

(A)

All accessory dwelling units shall be designed to maintain the appearance, architectural style and character of the principle dwelling unit. Exterior siding, roofing, and trim shall match the appearance of the materials on the principal dwelling unit. Roof style shall match the predominant style of the principal dwelling unit. Exterior window trim, window proportions (width to height), patterns, and orientation (horizontal to vertical) shall match those of the principal dwelling unit.

e.

Permit required. New accessory dwelling units shall be required to receive an accessory dwelling unit permit through the Town. Review of the permit application shall be reviewed by the Director for compliance with the standards included in this section and Town code.

2.

Family child care home. Family child care homes shall comply with the Colorado licensing statutes codified at C.R.S. Section 26-6-101 et seq., as amended, and the department of human service regulations codified at 12 CCR 2509-8 et seq., as amended. Family child care homes (small) may serve no more than six (6) full time and two (2) part time children or students within a Single-Family Detached residence. Family child care homes (large) shall conform to the following standards:

a.

Family child care homes (large) shall serve no more than twelve (12) children;

b.

Family child care homes (large) shall not be located adjacent to or directly across the street from other family child care homes (large); and

c.

Family child care homes (large) shall only be located on streets that accommodate on-street parking.

3.

Greenhouse. A greenhouse shall be permitted as an accessory use to a residential dwelling unit only if there are no sales from the premises.

4.

Home occupations. Home occupations shall be a permitted accessory use governed by the following regulations:

a.

A home occupation shall not be conducted until a home occupation has been reviewed and approved and a license has been issued by the Director. Said license shall cite the conditions of the approval, if any.

b.

Home occupations must be clearly secondary to the use of the building as a residence and shall not occupy more than twenty-five percent of the total floor area.

c.

The home occupation shall use the same water, electric and gas meters as the residence.

d.

Home occupations shall be operated entirely from an enclosed structure with no exterior storage of business related vehicles, materials or equipment. The home occupation owner's individual business/personal passenger vehicle is exempt from this requirement.

e.

There shall be no visible evidence of the operation, and it shall not change the residential character thereof.

f.

Only persons residing in the residence can operate the home occupation at the residence. A maximum of two non-occupant employees, independent contractors or others associated with the business may be at the residence at the same time for work, work assignments, supplies, etc.

g.

The operation shall not generate objectionable traffic in the area, and off-street parking must be provided to accommodate all needs created by the home occupation.

h.

The operation shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar impacts.

i.

The following uses, because of their tendency to go beyond the limits permitted for home occupations and thereby impair the use and value of the residential area shall not be permitted as home occupations: auto repair or motorized implement repair; dance, music or other types of instruction (if more than four students are being instructed at one time); dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; motor vehicle towing operation; barber shops having more than one (1) chair, beauty shops having more than one (1) chair; welding shops; nursing homes; bed and breakfast and other such transient lodging; and retail sales where products are stocked and sold to purchasers at the home occupation residence like a retail store.

5.

Keeping of backyard chicken hens. The keeping of backyard chicken hens shall be a permitted accessory use to single-family detached dwelling units on lots greater than four thousand five hundred (4,500) square feet in lot area that meet the following regulations:

a.

No more than six (6) backyard chicken hens are permitted per dwelling unit.

b.

Roosters are prohibited.

c.

Backyard chicken hens are required to be located within a designated chicken coop and chicken run that meet the following standards:

i.

The chicken coop and chicken run shall be located in the rear yard of a property.

ii.

The chicken coop and chicken run, nor any part thereof, shall be located between the rear of the principle structure and the front yard lot line.

iii.

The chicken coop and chicken run shall have a minimum five-foot setback from any side or rear property line.

iv.

The chicken coop shall not be located within any utility easement.

v.

The chicken coop shall be predator resistant with a solid covered roof.

vi.

Water shall be provided onsite and be accessible at all times.

vii.

During daylight hours, chicken hens shall have access to a chicken run that is adequately fenced and protected from predators and shall also have access to the chicken coop.

viii.

From dusk to dawn, chicken hens shall be protected from predators by being enclosed within a chicken coop.

ix.

The maximum chicken coop is one hundred (100) square feet in area.

x.

A minimum of four (4) square feet of area per chicken hen shall be provided in both the coop and run.

xi.

The maximum height of the chicken coop shall be no more than seven (7) feet at the highest point of the roof.

d.

The chicken coop and run shall be maintained and shall regularly be cleaned to control dust, odor and waste and not constitute a nuisance, safety hazard or health problem to surrounding properties.

e.

No on-site slaughtering is permitted.

f.

Chicken feed shall be stored in metal re-sealable, airtight, predator proof containers.

g.

The keeping of backyard chicken hens shall not be conducted until a backyard chicken permit has been reviewed and approved and a permit has been issued by the Director. Said permit shall cite the conditions of the approval, if any. The following are the application requirements need for review of a backyard chicken license:

i.

Completed backyard chicken permit application.

ii.

Non-refundable application fee.

iii.

Scaled plot plan of the property showing location of chicken coop and run.

6.

Keeping of household pets. Household pets including, but not limited to dogs, cats, potbelly pigs or similar domesticated animals shall be permitted in all zoning districts allowing for residential use provided that no more than four (4) animals over four (4) months of age are kept by the occupant of any residential dwelling unit. This provision limiting the number of pets does not apply to tropical fish, small rodent animals such as gerbils, hamsters, and small birds kept as pets, unless the animals are raised for commercial purposes. Kennels, boarding facilities, and commercial activities are not a permitted accessory use. Animals typically found on farms including but not exclusive of, turkeys, goats, sheep, cows, and pigs are not considered household pets. For regulations regarding keeping of large animals such as donkeys, horses, and llamas, etc., see Subsection 16.3.3.G.7 below.

7.

Keeping of large animals. Horses, donkeys, mules, and llamas for non-commercial use may only be kept as a permitted accessory use in the AG and OS Districts, provided at least one (1) acre of pasture area is available for each animal.

8.

Outdoor display and sales. Outdoor display and/or sales may be permitted as an accessory use for all commercial uses, and requires Final Development Plan approval. It is the intent of this FDC to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. The display of goods shall meet all of the following requirements:

a.

Procedural requirements. Outdoor display and/or sales shall require approval of the Director. All new development plans must show the location of such areas in accordance with this Section. Existing non-residential uses must submit a plan showing the location of the outdoor display or sales areas and how the requirements of this Section are to be met. Approval may be subject to appropriate conditions established by the Director.

b.

Where permitted.

i.

All outdoor display of goods shall be located immediately adjacent to the storefront and not in drive aisles, loading zones, fire lanes, or parking lots.

ii.

No outdoor display of goods shall be located within Town right-of-way without obtaining a license agreement from the Town.

iii.

The area used for outdoor display or sales shall not occur on the sides and rear of buildings and shall be limited to no more than one-half (½) of the length of the store front, unless increased by the Director after taking into account aesthetics, and safety concerns or other relevant factors. In the case of a shopping center, the "storefront" shall include the entire frontage of the shopping center, meaning that the total amount of display for all the in-line tenants combined shall not exceed fifty (50) percent of the aggregate store front of the overall shopping center.

iv.

The area of outdoor display or sales shall not encompass the width of the entrance doors to the facility as projected straight out from the facility. For example, if the width of the entrance doors is ten (10) feet, then there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.

v.

Outdoor displays shall be incorporated into the architecture of the building and shall not obscure any architecture features including windows.

vi.

The height of the outdoor display shall not exceed six (6) feet, unless an exception to this provision has been granted by the Director.

vii.

The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

viii.

A maximum of two (2) outdoor vending machines are permitted subject to the requirements above.

c.

No pedestrian obstruction. At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement.

d.

Temporary sales distinguished. The provisions of Subsection 16.3.3.G.7.c above shall not apply in cases of temporary sales events, such as weekend sidewalk sales, seasonal vegetable sales and other similar temporary uses. See Section 16.3.4 for regulations applying to temporary uses.

9.

Outdoor storage. In no case shall the storage or parking of trailers, semi-trailers, cargo containers or shipping containers outdoors, or the warehousing of goods in such containers, be permitted as a principal use. Outdoor storage may be permitted as an accessory use through the Final Development Plan review process described in Section 16.7.10. The storage area shall meet all of the requirements and design criteria found in Section 16.6.4.G.9.

10.

Swimming pool/hot tub. A swimming pool and/or hot tub may be permitted in any district as an accessory use subject to the following additional requirements:

a.

For single-family residential, no swimming pool or hot tub may be located in any front yard or side yard abutting a street. No swimming pool shall be located closer than ten (10) feet to any side or rear lot line.

11.

Private detached garage or structure, large. A garage or structure that is accessory to a residential structure and is over two hundred (200) square feet in gross floor area shall meet the following standards:

a.

Facades shall not be constructed of metal materials.

b.

The accessory garage or structure shall be designed to maintain or compliment the architectural style and character of the principal residential structure. Exterior siding, roofing and trim should match the principal residential structure.

12.

Private detached shed or structure, small. A shed, gazebo, playhouse or structure that is accessory to a residential structure and is less than two hundred (200) square feet in gross floor area shall meet the following standards:

a.

Facades shall not be constructed of metal materials.

b.

An accessory shed structure, small, shall not exceed twelve (12) feet in height.

(Ord. No. 1003, §§ 5—7, 12-8-2021; Ord. 982 §§ 1, 2, Att., 2020; Ord. No. 1047, § 2, 8-25-2024)

A.

Purpose. This Section allows for the establishment of certain temporary uses of limited duration, provided that:

1.

A temporary use permit is properly obtained pursuant to Section 16.7.14 of this FDC;

2.

Such uses do not negatively affect adjacent properties or Town facilities;

3.

Such uses are discontinued upon the expiration of a set time period as defined by the temporary use permit; and

4.

Temporary uses do not involve the construction or alteration or any permanent building or structure.

B.

Temporary uses permitted. The following temporary uses may be permitted in accordance with the requirements of this Section.

1.

Retail sales of products including but not limited to Christmas trees, agricultural produce, and fireworks, is permitted in any non-residential district for a period not to exceed the number of days specified in the temporary use permit. Display of products need not comply with the yard and setback requirements of this FDC provided that no display shall be located within an area restricted by the corner sight distance requirements of Section 16.4.2 or encroach into any pedestrian, bicycle, or vehicular way.

2.

Temporary office space and equipment storage is permitted when accessory to an approved construction project in accordance with Subsection 16.3.4.E.

3.

Sales offices are permitted on residential development sites in any zoning district until all lots or houses are sold or leased in accordance with Subsection 16.3.4.E. Use of the sales office for sites outside of the project is prohibited.

4.

Temporary office space (one (1) per site) for hiring, membership solicitation, apartment office/leasing, and general office use following the issuance of a building permit for the construction of a permanent office building.

5.

Mobile food vendors are permitted when accessory to an existing non-residential use and conducted in accordance with Subsection 16.3.4.E.

6.

The Director may approve other temporary uses or structures using the process established in Subsection 16.3.1.D.

C.

Temporary use permits.

1.

Permit required. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in Section 16.7.14. A temporary use permit shall be reviewed, approved, or revoked only in accordance with the regulations of Section 16.7.14 and this Section.

2.

Permit exceptions. Notwithstanding Subsection 16.3.4.C.1 above, the following temporary uses are deemed approved in any district and are exempted from the temporary use permit requirements provided that the proposed temporary use complies with the general requirements below:

a.

Town sponsored events utilizing Town property, public streets, or public rights-of-way, provided that the applicant shall coordinate the event with the Town's Public Works Department and Police Department, and the Fire District, and comply with any conditions required by those departments;

b.

Up to seven (7) days of garage or yard sales per calendar year per residential dwelling unit;

c.

Temporary car washes lasting no more than seven (7) days per year; and

d.

Gatherings of less than one hundred (100) people, such as block parties, nonprofit events, and fundraisers.

D.

General requirements for all temporary uses and structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this FDC:

1.

The temporary use shall comply with all applicable general and specific regulations, including zoning regulations, of this Section unless otherwise expressly stated.

2.

Permanent alterations to the site are prohibited. If any alterations to the site occur the site shall be restored to its previous condition.

3.

Unless otherwise stated in this FDC or in the terms of the temporary use permit, the temporary use shall expire thirty (30) days after approval of the temporary use permit. Renewal of the permit may be permitted pursuant to the procedures outlined in Section 16.7.14.

4.

All signs associated with the temporary use or structure shall be required to follow the Town sign regulations.

5.

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

6.

The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as health department permits.

7.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplains, stream protection setbacks, wetlands, and areas of slope greater than twenty (20) percent.

8.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

9.

Tents and other temporary structures shall be located so as to not interfere with the normal operations of any permanent use located on the property.

10.

Off-street parking shall be adequate to accommodate the proposed temporary use.

11.

Temporary structures shall not be located within the 100-year floodplain.

E.

Additional use-specific regulations for certain temporary uses. In addition to complying with the general regulations in Subsection 16.3.4.D above, the temporary uses listed below shall comply with the additional use-specific regulations below.

1.

Construction trailer and outdoor storage for construction. Construction trailers and outdoor storage locations for construction shall be reviewed and if appropriate approved by the Director. Plans shall be submitted illustrating that the application meets all of the following requirements:

a.

The use shall be located on a lot or tract.

b.

The use shall meet zoning category setback and height requirements.

c.

The use shall provide an all-weather access road to the trailer with a turn-around that is approved by the fire district. The access and turn-around is required to be constructed before the trailer is occupied.

d.

The construction trailer is not required to tap into the Town's water system. A port-a-let shall be provided.

e.

The trailer and associated site elements shall be removed within thirty (30) days of the last certificate of occupancy being issued within the filing within the development in which the trailer is located or for non-residential within thirty (30) days of the certificate of occupancy being issued for the non-residential structure.

f.

Within thirty (30) days of the trailer being removed from the site, the owner shall either have a building permit(s) issued for the site to construct a residence, a building permit to construct a non-residential building subject to an approved Final Development Plan, or the site shall be restored with appropriate ground cover in accordance with Town erosion control standards.

2.

Temporary sales trailer or temporary sales office. A temporary sales trailer or temporary sales office shall be reviewed and if appropriate approved by the Director. Plans shall be submitted illustrating that the application meets all of the following requirements:

a.

The use shall be located on a lot.

b.

The owner shall provide a paved road to Town of Firestone Design Standards and Construction Specifications for Public Improvements (Standards and Specifications) as accepted on the construction plans, and shall provide secondary access if required by Fire District; to their standards.

c.

The use shall meet zoning category setback and height requirements.

d.

A water and sewer tap is required on the lot where the trailer/office is located to provide adequate public facilities within the sales trailer.

e.

ADA access is required.

f.

A minimum of four (4) temporary off-street parking stalls shall be provided on-site or on an adjacent vacant lot.

g.

Off-street parking shall have all-weather surfacing.

h.

Off-street parking shall maintain five-foot setbacks to all property lines excluding the access way to the parking area.

i.

Access to a sales trailer and associated parking shall come from a local or collector street.

j.

The trailer and associated site elements shall be removed with thirty (30) days of the last certificate of occupancy being issued within the filing within the development in which the trailer is located or as otherwise authorized by the Director.

k.

Within thirty (30) days of the trailer being removed from the site, the owner shall either have a building permit(s) issued for the site to construct a residence, a building permit to construct a non-residential building subject to an approved Final Development Plan, or the site shall be restored with appropriate ground cover in accordance with Town erosion control standards.

3.

Mobile food vendor. Mobile food vendors, permitted under this FDC, shall meet the following criteria:

a.

Mobile food vendor sales shall only be conducted on properties with the appropriate zoning allowing food sales.

b.

Mobile food vendor sales shall be an accessory use to an existing commercial business and shall not be conducted from any vacant property.

c.

The mobile food vendor shall meet principle structure setbacks for the zone district in which it is located.

d.

The mobile food vendor shall not be located in public right-of-way or on Town Property unless permitted by Town special event permit.

e.

The mobile food vendor and other associated items such as signs, trash receptacles, chairs, tables, etc., shall not be parked or located in such a way to block, obstruct or interfere with fire lanes, travel lanes, or pedestrian ways on or adjacent to the property on which sales are conducted.

f.

A mobile food vendor may not use amplified sound.

g.

When not in operation, storage of the vehicle must comply with all Town ordinances regulations.

h.

Mobile food vendors shall meet all state and county health requirements and obtain applicable permits.

i.

The operator must obtain a business license through the Town.

j.

Prior to issuance of a business license, the operator shall have written authorization of the property owner(s) on which the mobile food vendor conducts business and shall provide such written authorization to the Town. Written authorization shall be kept in mobile food vendor vehicle at all times.

k.

This license is nontransferable and shall be conspicuously posted in the place above described.

(Ord. 982 Att., 2020)