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Fraser City Zoning Code

Division 3

District Uses

Sec. 19-2-310. - Permitted and conditional uses.

(a)

Those uses designated as permitted uses on the Schedule of Uses in Section 19-2-340 are allowed as a matter of right subject to approval of a site plan per Section 19-2-110.

(b)

Those uses designated as conditional uses on the Schedule of Uses in Section 19-2-340 are subject to approval of a conditional use permit in accordance with Section 19-2-120.

(Ord. 452 §1(Exh. A), 2018)

Sec. 19-2-320. - Accessory uses and structures.

(a)

Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this Section, and shall also comply with the following limitations:

(1)

An accessory use shall be clearly incidental, customary to and commonly associated with the operation of the permitted use.

(2)

An accessory use shall be operated and maintained under the same ownership as the permitted use.

(3)

An accessory use shall be located on the same lot as a principal use.

(4)

Home occupations may be permitted as an accessory use where allowed by zoning district, subject to the provisions of Section 19-2-430.

(5)

Short-term rentals (less than thirty (30) days) may be permitted as an accessory use to a residential dwelling in accordance with Chapter 6 of this Code. The long-term renting of rooms (greater than thirty (30) days) is permitted as an accessory use in all zoning districts.

(6)

The storage and sale of crops, vegetables, plants and flowers are permitted as an accessory use if they are produced on the premises.

(b)

Accessory structures shall comply with the following limitations:

(1)

No accessory structure shall be built upon a lot until the construction of the principal structure has been commenced.

(2)

Accessory structures shall not be located in the front yard of a principal structure, except for minor and commonplace accessory structures such as public utility installations, mail boxes, lamp posts, bird baths and structures of a like nature.

(3)

Accessory structures may be built in a required rear yard but such accessory building shall not occupy more than thirty percent (30%) of the area of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line; except that when a garage is entered from an alley at right angles, it shall not be located closer than five (5) feet to the alley line.

(4)

Accessory structures on corner lots shall be set back from each street a distance not less than that required for the principal structure.

(5)

Accessory structures used for dwelling purposes are subject to the accessory dwelling unit (ADU) standards in Section 19-2-470.

(6)

Cargo containers may be used as an accessory structure for storage purposes in the Trade Industry Zoning District only. Cargo containers are prohibited in all other zoning districts.

(Ord. 452 §1(Exh. A), 2018)

Sec. 19-2-330. - Temporary and seasonal uses.

(a)

Type and location. Temporary uses of land are permitted in any zoning district (unless restricted to particular zoning districts herein), subject to the specific regulations and time periods listed in Table 2.12, and to the other applicable regulations of the zoning district in which the use is permitted.

TABLE 2.12

Temporary and Seasonal Uses

Use Districts Permitted Period
Contractor's office/temporary construction uses. All Time to be specified; must be terminated within thirty (30) days of issuance of last project certificate of occupancy for all types of construction.
Temporary real estate sales office. All except OS Not to exceed eighteen (18) months.
Seasonal or off-site retail sales, which include, but are not limited to: sale of seasonal fruits and vegetables; sale of fireworks; and sale of Christmas trees. All except OS and residential districts Not to exceed three (3) months, and provided that any permits required by law are obtained.
Flea markets, farmers and artisans markets, and farm-life activities and entertainments. All except residential districts Not to exceed one (1) event per week during a single continuous six (6) month time period in any calendar year and provided that any permits required by law are obtained.
Mobile vending units and transient merchants All except residential districts Not to exceed one (1) year, and provided that any permits required by law are obtained.

 

(b)

Procedure. All temporary uses are subject to minor site plan approval in accordance with Section 19-2-110 of the Article.

(c)

Criteria. Temporary and/or seasonal uses are permitted, subject to the following requirements:

(1)

Proof of ownership of property or written consent from the property owner is required. If the temporary and/or seasonal use is located partially or entirely on Town property or public rights-of-way, Board of Trustees approval is required.

(2)

The owner or operator shall have applied for and obtained a Town special event vendor license and all applicable state and local taxes shall be collected.

(3)

Certificate of liability insurance from the applicant, naming the Town as additional insured in the event public lands or rights-of-way will be used is required. Such insurance shall be provided in an amount and form approved by the Town.

(4)

All temporary and/or seasonal uses involving the handling of foods are subject to compliance with the regulations of the Colorado Department of Public Health and Environment.

(5)

Adequate temporary parking facilities, circulation, ingress and egress shall be provided. Town Staff may require parking areas to be surfaced with a minimum of two (2) inches of crushed rock, or other surfaces.

(6)

Provision for trash/recycling disposal.

(7)

Provision for signage in accordance with Article 6 of this Chapter.

(8)

Compliance with all local, state and federal regulations.

(9)

Compliance with all requirements of the Public Works Director and Police Chief.

(10)

Town Staff may regulate operating hours and days.

(11)

Town Staff may regulate screening from adjoining public rights-of-way by temporary walls, fences and/or landscaping.

(12)

Town Staff may apply conditions to regulate nuisance factors, including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and vibration.

(13)

The subject site shall be restored to its original condition within fourteen (14) days from the date of termination of the permit. A letter of credit or other approved surety may be required to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris and litter, and the site restored to its original condition.

(d)

Exceptions. The following temporary and/or seasonal uses and events are not subject to these requirements:

(1)

Garage and/or yard sales.

(Ord. 452 §1(Exh. A), 2018)

Sec. 19-2-340. - Schedule of uses.

Legend: Zoning District

OS: Open Space District
RD: Rural Density District
LDSF: Low Density Single-Family Residential District
LDMF: Low Density Multi-Family Residential District
MDSF: Medium Density Single-Family Residential District
MDMF: Medium Density Multi-Family Residential District
HDMF: High Density Multi-Family Residential District
B: Business District
RW: Riverwalk District
SLL: St. Louis Landing Overlay District
TI: Trade Industry District
Legend: Use Type

P: Permitted Use
C: Conditional Use
L: Licensed Use

 

Land Use OS RD LDSF LDMF MDSF MDMF HDMF B RW SLL TI
AGRICULTURAL USES
Ranching and farming facilities P
Reservoirs, dams and water diversion structures P
Stables P
COMMERCIAL USES
Art studio P P P P
Business office P P P P
Business support services P P P P
Commercial retail or personal service < five thousand (5,000) sq. ft. P P P P
Commercial retail or personal service use between five thousand (5,000) sq. ft. and fifteen thousand (15,000) sq. ft. P C C C
Commercial retail or personal service use > fifteen thousand (15,000) sq. ft. C C
Drive-through business P C C
Eating and drinking establishments P P P C
Financial services institution P P C C
Funeral home P C
Hotels P P
Laundry facilities and laundromats P P P P C
Kennels P C C
Marijuana business L L
Medical and dental clinics P P C
Microbrewery or distillery P P C P
Motels P C
Motor vehicle service and repair facilities P C C
Pawnshops C C
INDUSTRIAL USES
Contractor shops and yards C C P
Laboratory and research facilities C C P
Manufacturing, fabrication and assembly operations C C C
Paint and body shops C C P
Outdoor storage C C P
Storage of vehicles or parts thereof from towing operations, used car lots, rental car operations C C C
Warehousing and distribution C C P
Wholesale trade C C P
Workshop and custom small industry C C P
INSTITUTIONAL USES
Child care center P P P P P P P P
Church or place of worship and assembly P P P P P P P P P C
Conference and convention facilities P P C
Hospital P C
Performing arts facilities P P C
Private clubs, private dining areas and civic, cultural and fraternal organizations C P P C C
Public gathering places, including government facilities, public meeting halls, auditoriums, arenas and outdoor concert venues C C C C C P P C C
Public transportation terminals P P P C
School, private P P P P P C C P
School, public P P P P P P C C
RECREATIONAL USES
Campgrounds
(see Sec. 19-2-420)
C
Golf courses P
Open space, designated P
Open space and trails, other public or private P P P P P P P P P P P
Parks and playgrounds P P P P P P P P P P P
Recreational vehicle (RV) parks, including the dumping of waste holding tanks from recreational vehicles and buses C C
RESIDENTIAL USES
Accessory dwelling unit (ADU)
(see Sec. 19-2-470)
P P P P P P P P P
Assisted living facility C C P P C C
Bed and breakfast
(see Sec. 19-2-440)
P P P P P P P C P
Boarding and rooming houses C C C P C P
Group homes for handicapped or disabled persons
(see Sec. 19-2-450)
P P P P P P P
Group homes, other C C C C C C C
Live/work unit P P P C
Mobile homes C
Mobile home parks
(see Sec. 19-2-460)
C
Multi-family dwelling, except as provided below P P P P P P
Multi-family dwelling up to four (4) dwelling units within a building or on a single parcel of land P
Multi-family dwelling up to four (4) dwelling units within a building or on a single parcel of land; except where contiguous lots are combined to create a single parcel: up to twelve (12) units P
Multi-family dwelling units within a building or on a single parcel of land; up to sixteen (16) shares/intervals P
Reduced lot size, width, setback and/or floor area for a residential dwelling (see Sec. 19-2-270(d)) C C C C C C C C
Single-family dwelling P P P P P C C P
Single-family dwelling, attached (connected with one (1) party wall) P P P P C C P
Single-family dwelling on a zipper lot C P P P C C P
Timeshare or interval ownership residential facilities P
UTILITIES AND TELECOMMUNICATION FACILITIES
CMRS facility; building-mounted
(see Sec. 19-2-480)
P P P P P P P
CMRS facility; freestanding
(see Sec. 19-2-480)
C
CMRS facility; roof-mounted
(see Sec. 19-2-480)
P P P P
CMRS facility; small cell facilities and networks
(see Sec. 19-2-480)
C P P P P P P P P P P
Public utilities and public service facilities, excluding business offices and excluding repair and storage facilities C P P P P P P P P P P
Transit facility P P P
OTHER USES
Adult-oriented use C
Home occupations
(see Sec. 19-2-430)
P P P P P P P P P
Mixed-use: two (2) or more uses such as multi-family residential, commercial retail, hotel or office uses in the same development area, building or group of buildings P P P
Uses pursuant to easements and licenses C

 

(Ord. 452 §1(Exh. A), 2018; Ord. 501 Part 1, 2023; Ord. 524 Part 1, 2025; Ord. 522 Part 1, 2025)

Sec. 19-2-350. - Unlisted uses.

(a)

Uses not listed in a zone district are prohibited except that such uses may be approved by the Town Staff provided such uses are found to be similar to a permitted use. The following uses are expressly prohibited in any zoning district or Planned Development:

(1)

Mineral extraction and processing operations.

(2)

Salvage yards of any variety.

(3)

Rendering plants and operations.

(4)

Livestock operations, excluding small horse or cattle boarding lots, or pastures currently located within the Town.

(5)

Chemical manufacturing or storage.

(6)

Hazardous waste operations.

(7)

Mechanical, domestic or industrial wastewater treatment facilities.

(b)

Any person aggrieved by a decision of the Town Staff pursuant to this Section may appeal that decision to the Planning Commission.

(Ord. 452 §1(Exh. A), 2018)