(a)

All applicable environmental standards of the State of Colorado or the United States government shall be complied with at all times.

(b)

Property owners shall maintain all structures, including buildings, paved areas, accessory buildings and signs, in the manner required to protect the health and safety of users, occupants, and the general public. The property shall be deemed substandard when it displays evidence of a substantial number of dilapidated conditions.

(c)

All service, fabrication and repair operations shall be conducted within a building.

(d)

The storage of combustible materials shall be not less than twenty (20) feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time.

(e)

No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces. All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles.

(f)

Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

(g)

Manufacturing operations or industrial uses, when permitted in a zone district, are subject to the following limitations:

(1)

No manufacturing operation or industrial use shall create any danger to safety in any area of the Town.

(2)

No manufacturing operation or industrial use shall pollute the environment.

(3)

No manufacturing operation or industrial use shall create substantial amounts of offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.

(4)

Uses which are customarily incidental and accessory to the principal uses shall be permitted; however, residential uses, except caretakers' quarters, are expressly prohibited.

(Ord. 452 §1(Exh. A), 2018)

Overnight or short-term camping areas (campgrounds) are subject to the following conditions:

(1)

Such areas may be occupied by persons using tents or self-contained camp trailers, pickup campers or recreational vehicles for overnight or short duration camping not to exceed four (4) weeks.

(2)

Each camping space shall be at least five hundred (500) square feet, excluding roads and parking area, with a minimum width of twenty (20) feet.

(3)

Each camping area shall be provided with a central water supply and shall have one (1) sewage disposal system.

(4)

Provisions shall be made for adequate all-weather walkways to each camping space.

(5)

Camping and parking spaces shall not be constructed in areas subject to flooding, unless adequate precautions are made to prevent loss (i.e., dikes to confine flood flow, fill to above flow line or straighten and widen drainage system).

(6)

Such other terms and conditions as may be reasonably required by the Planning Commission or Board of Trustees due to special circumstances necessitated by the location of the proposed camping areas.

(Ord. 452 §1(Exh. A), 2018)

(a)

A home occupation may be allowed in any dwelling as a permitted accessory use, provided that all the following conditions are met:

(1)

The home occupation shall be carried on by the inhabitants living on the premises and not others.

(2)

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

(3)

Any exterior signage shall comply with Article 6 of this Chapter.

(4)

There shall be no offensive noise, vibration, smoke, dust, odor, heat, glare other objectionable conditions noticeable or detectable to the normal senses at or beyond the property line.

(b)

A home occupation may include a family child care home, as defined in Section 19-2-610.

(Ord. 452 §1(Exh. A), 2018)

A bed and breakfast establishment may be allowed as a permitted accessory use in all zoning districts that permit residential uses, provided that all the following conditions are met:

(1)

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

(2)

Exterior advertising for the business shall comply with Article 6 of this Chapter.

(3)

The structure shall contain no more than seven (7) bedrooms of which only five (5) bedrooms can be for rent in any bed and breakfast.

(4)

An owner or manager responsible for the day-to-day operation of the establishment must reside within the bed and breakfast establishment or in a structure adjacent to and on the same property as the bed and breakfast structure.

(5)

All parking for guests and employees must be off-street type parking in a maintained parking area, in accordance with Table 4.1 and the associated parking standards in Article 4, Division 2 of this Chapter.

(6)

Operators of said establishment shall avoid any illegal, unreasonably dangerous or harmful practices or conditions which are detrimental to the safety of those staying in said establishment.

(7)

Said establishment shall comply with all regulations and ordinances of the Town, including but not limited to Chapter 6, Article 1 of this Code and all laws and regulations of the state. If complaints are lodged against the establishment for noise or other impacts to the neighborhood, the Board of Trustees reserves the right to review such complaints and to take whatever action is deemed necessary, including but not limited to the revocation of the business license of the bed and breakfast, in order to eliminate the impact to the neighborhood.

(8)

Said establishment shall provide for adequate trash removal and shall screen trash removal receptacles from public view.

(Ord. 452 §1(Exh. A), 2018)

(a)

Number of persons permitted. A group home with no more than eight (8) handicapped or disabled residents, as defined in Section 19-2-610, is an allowed use in the zone districts as indicated in Section 19-2-340. Additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons are allowed. Group homes with more than eight (8) handicapped or disabled residents will require a conditional use permit, which shall be reviewed and processed as an application for a reasonable accommodation under the requirements and standards of the Fair Housing Amendments Act (FHAA), specifically, 42 U.S.C. 3604(f)(3)(B). A group home shall not include any person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption or in foster care.

(b)

Compliance with state and local requirements.

(1)

The group home shall maintain compliance with applicable building codes, fire codes, and health codes based upon the occupancy classification and number of residents and necessary persons for care of the residents.

(2)

The group home shall comply with the parking standards of this Chapter. All commercial components, such as parking lots and playgrounds, shall be screened and buffered from neighboring residences and uses.

(3)

Copies of any applicable current state or local certifications, licenses or permits for the group home shall be maintained on the premises.

(c)

Compliance with federal requirements. A group home for handicapped or disabled persons shall quarterly, and otherwise upon request by the Town Staff, provide evidence and/or demonstrate that the residents in the group home are handicapped or disabled individuals and entitled to protection under the FHAA, Americans with Disabilities Act (ADA), or the federal Rehabilitation Act.

(d)

Meetings and gatherings. Meetings or gatherings on-site at a group home for handicapped or disabled persons that are consistent with a normal residential family setting are allowed and shall only be for residents, family of residents, and necessary persons required for the support, care and supervision of the handicapped or disabled 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. See Section 31-23-303(2)(c), C.R.S.

(Ord. 452 §1(Exh. A), 2018)

A mobile home park, where permitted, is subject to the following provisions:

(1)

A complete engineering design of a proposed mobile home park shall be submitted to and approved by the Board of Trustees.

(2)

Structures shall be separated from each other by at least ten (10) feet, except individual storage buildings.

(3)

All structures shall be located at least fifteen (15) feet from any park area boundary line.

(4)

In a mobile home park accommodating or designed to accommodate twenty-five (25) or more mobile homes, there shall be one (1) or more recreation areas per twenty-five (25) mobile homes or fraction thereof, which shall be easily accessible to the residents of the twenty-five (25) mobile homes or fraction thereof for whom it is intended.

(5)

A mobile home park shall be furnished with adequate lighting.

(6)

All streets shall be surfaced with a hard and dense material which shall be at least twenty-four (24) feet in width.

(7)

A mobile home park shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended uses.

(8)

A public supply of water of satisfactory quantity, quality and pressure shall be provided for each mobile home.

(9)

An adequate and safe public sewage system shall be provided in a mobile home park for conveying and disposing of all sewage.

(10)

A mobile home park shall contain an electric wiring system consisting of wires, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

(11)

For every ten (10) dependent mobile homes, two (2) toilets for each sex and a service sink shall be provided in a service building.

(12)

All refuse shall be stored in approved containers, which shall be located not more than one hundred fifty (150) feet from each mobile home space. Containers shall be provided in sufficient number and capacity to properly store all refuse.

(13)

Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation.

(14)

A piping system shall be installed and maintained in accordance with applicable code and regulations governing such systems if natural gas and/or liquefied petroleum gas is provided.

(Ord. 452 §1(Exh. A), 2018)

An accessory dwelling unit (ADU) may be approved as listed on the Schedule of Uses in Section 19-2-340, provided that an ADU complies with the following criteria:

(1)

The size of the ADU shall be subject to the following limitations:

a.

The ADU shall contain at least two hundred (200) square feet of floor area;

b.

The ADU shall be no larger than fifty percent (50%) of the square footage of the principal dwelling unit or twelve hundred (1,200) square feet of floor area, whichever is less; however, an accessory dwelling unit may have up to one hundred twenty (120) additional square feet of attached, unheated, uninhabitable outside storage.

c.

An ADU may be attached to a principal dwelling unit, located in a detached unit or located in an attached or detached garage.

d.

No ADU shall be separated by ownership from the principal dwelling unit.

(2)

The ADU shall contain, at a minimum, the following:

a.

A kitchen.

b.

A bathroom.

c.

A separate and independent entry.

(3)

The ADU shall have direct access to utilities, utility shutoffs and controls for the ADU as required by local and state building and electrical codes.

(4)

The ADU shall have provisions for parking in accordance with the minimum parking requirements as established by this Chapter.

(5)

The ADU shall include firewall provisions if required by the local building codes.

(6)

No ADU shall be allowed on the same lot as a principal residential dwelling that has received approval for reduced lot size, width, setbacks and/or floor area in accordance with Section 19-2-270 of this Chapter.

(7)

An ADU may be licensed to operate as a short-term rental pursuant to Chapter 6, Article 8 of this Code provided that the rules and regulations per Section 6-8-30 are satisfied. At no time may both an ADU and the principal dwelling unit be simultaneously licensed as short-term rentals. Violation with this provision may result in revocation of the short-term rental licenses of both units per Section 6-8-30(o).

(Ord. 452 §1(Exh. A), 2018; Ord. 525 Part 1, 2025)

(a)

For the purposes of this Article, telecommunication facilities shall be known as commercial mobile radio service (CMRS) facilities.

(b)

Types of CMRS facilities. CMRS facilities, as defined in Section 19-2-610 are comprised of the following four (4) types, with each type restricted to placement in a zoning district as listed on the Schedule of Uses in Section 19-2-340:

(1)

Freestanding CMRS facilities;

(2)

Building or structure-mounted CMRS facilities;

(3)

Roof-mounted CMRS facilities; and

(4)

Small cell facilities and networks.

(c)

Freestanding CMRS facilities.

(1)

Height. All freestanding CMRS facilities shall be no taller than the height limit in the relevant zone district, or thirty-five (35) feet, whichever is less.

(2)

Front setback. The front yard setback from property lines for freestanding CMRS facilities adjacent to public or private streets shall be a distance equal to the height of the freestanding facility or twenty percent (20%) of the height of the antenna support structure and associated equipment, whichever is greater.

(3)

Side and rear setback. Freestanding CMRS facilities shall comply with the side and rear yard setback requirements for principal structures of the zone districts in which they are located, or the setback shall be twenty percent (20%) of the height of the antenna support structure and associated equipment, whichever is greater.

(4)

Spacing. All freestanding CMRS facilities shall be located at least one thousand (1,000) feet from any other CMRS facility, measured in a straight line between the base of the tower structures.

(5)

Lighting. Signals, artificial lights, or illumination shall not be permitted on any antenna or tower unless required by the FCC. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance or visual impacts to the adjacent properties, while maintaining compliance with federal standards.

(6)

Security fencing. Towers shall be enclosed by security fencing which measures not less than six (6) feet in height, and shall be equipped with an appropriate anti-climbing device or devices.

(7)

Landscaping and screening. No aspect of a freestanding CMRS facility shall be immediately visible as such to the public or from adjacent properties. The Town encourages, but does not require, ground-mounted accessory equipment or structures required in support of a freestanding CMRS facility to be fully incorporated into the freestanding antenna facility itself, but only that all such accessory equipment be adequately screened. All landscaping associated with the facility shall be properly maintained at the operator's expense to ensure good health and viability.

(d)

Building-mounted CMRS facilities.

(1)

Location. All building-mounted CMRS facilities are limited to placement on multi-family residential and non-residential buildings only.

(2)

Height. All building-mounted CMRS facilities may protrude no higher than the parapet wall or the top of the building if no parapet wall is present. A wall antenna may not protrude more than two (2) feet from the building wall.

(3)

Screening. All building-mounted CMRS facilities must match the color and texture of the building to which they are attached.

(e)

Roof-mounted CMRS facilities.

(1)

Location. Roof-mounted CMRS facilities are limited to placement atop multi-family residential and non-residential buildings only.

(2)

Height. All roof-mounted CMRS facilities are limited in height to ten (10) feet (including antennae). In no case shall the total height of the antenna and the building exceed the maximum building height in the relevant zone district.

(3)

Screening. All roof-mounted CMRS facilities shall be screened, designed, and/or colored to be architecturally compatible with the building upon which they are mounted. Such color, design and screening is encouraged to mimic the techniques used to screen, color and design other rooftop equipment.

(f)

Small cell facilities and networks.

(1)

Applicable requirements. Small cell facilities and small cell networks, as defined at Section 19-2-610, shall comply in all respects with the requirements of this Section applicable to freestanding CMRS facilities, with the following exceptions when located in a public right-of-way or easement:

a.

Setback requirements;

b.

Location requirements; and

c.

Ground-mounted accessory equipment in rights-of-way shall be located below ground level.

(2)

Location. Small cell facilities are permitted in Town rights-of-way, upon Town facilities in these rights-of-way and CDOT rights-of-way under the following priority:

a.

First, on a Town-owned utility pole, which shall be removed and replaced with a pole designed to contain all antennae and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the Town.

b.

Second, on a Town-owned utility pole with attachment of the small cell facilities in a configuration approved by the Town.

c.

Third, on a third-party owned utility pole, (with the consent of the owner thereof), with attachment of the small cell facilities in a configuration approved by the Town.

d.

Fourth, on a traffic signal pole or mast arm in a configuration approved by the Town, or in the case of a CDOT facility, by CDOT.

e.

Fifth, on a freestanding or ground-mounted facility in a location and configuration approved by the Town.

(3)

Height. All small cell facilities shall not exceed five (5) feet above the light pole, traffic signal or other facility or structure to which they are attached, or the maximum height in the relevant zone district, whichever is less.

(4)

Safety and design. Small cell facilities in the right-of-way shall be designed and located, in the reasonable judgment of the reviewing official or body, so as to not interfere with the safe movement of pedestrians and motor vehicles, or otherwise create a safety risk to the public. Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure upon which they are located (e.g., painted to match the structure).

(5)

Spacing. Small cell facilities shall not be located within one thousand (1,000) feet of any other small cell facility. This restriction does not apply to spacing from CMRS facilities in existence on the effective date of this Chapter.

(6)

Permitting. Small cell facilities and networks shall make application for construction and location through a right-of-way permit approved by the Town. The Town may accept applications for a small cell network, provided each small cell facility shall be separately reviewed.

(7)

Indemnification. The operator of a small cell facility which is permitted to locate on a Town right-of-way or easement or on a Town-owned utility pole, traffic signal or other structure owned by the Town shall, as a condition of permit approval, indemnify the Town from and against all liability and claims arising as a result of that location or attachment, including repair and replacement of damaged poles and equipment, in a form approved by the Town Staff.

(8)

Bonding. All permits for location of small facilities on real property or facilities not owned by the small cell permittee shall include as a condition of approval a bond, in form approved by the Town Staff, to guarantee payment for any damages to the real property or facilities and removal of the small cell facility upon abandonment.

(9)

Relocation and removal. All small cell facilities in Town rights-of-way or easements shall be removed and/or relocated at the applicant's expense in the event the Town's use of the right-of-way or easement precludes the continued presence of such facilities.

(g)

Collocation. The shared use of existing freestanding or roof-mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse impacts associated with the proliferation of towers. The following collocation requirements apply:

(1)

No CMRS application shall be approved to construct a new freestanding or roof-mounted CMRS facility unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted shall consist of one (1) or more of the following:

a.

No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands.

b.

Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.

c.

Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.

e.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna.

f.

The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render existing CMRS facilities or structures unsuitable.

(2)

No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence and a written statement to explain why collocation is not possible at a particular facility or site.

(3)

If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the Town may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of collocation.

(4)

Applications for new freestanding CMRS facilities shall provide evidence that the (new) facility can accommodate collocation of additional carriers.

(h)

Standards for ground-mounted accessory equipment. Ground-mounted accessory equipment and structures that are associated with a freestanding, roof-mounted or building-mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application.

(1)

Ground-mounted accessory equipment shall be subject to the accessory structure setback requirements, if any, in the underlying zone district.

(2)

Ground-mounted accessory equipment or buildings containing accessory equipment shall not exceed twelve (12) feet in height.

(3)

Ground-mounted accessory equipment not fully enclosed in a building shall be screened from all adjacent residential properties and public rights-of-way by landscaping, fences or architectural features, or by undergrounding.

(4)

Buildings containing ground-mounted accessory equipment shall be architecturally compatible with the existing structures on the property and the character of the neighborhood.

(i)

Safety standards. All CMRS facilities shall conform to the requirements of the International Building Code, or National Electrical Code, as applicable.

(j)

Review procedures.

(1)

All building and roof-mounted CMRS facilities and small cell facilities and networks, and eligible telecommunication facility requests as defined at Section 19-2-610, shall make application as a minor site plan, under Section 19-2-110.

a.

Applications for modifications to an existing facility which are not a "substantial change" and are "eligible facilities requests," shall provide all information reasonably required by the Town to determine whether the request meets the requirements for being an eligible facility request that is not a "substantial change" in the physical dimensions of the support structure, as those terms are defined at Section 19-2-610. The applicant shall not be required to demonstrate a need or business case for the proposed modification or collocation.

b.

For all other applications for all other building or roof-mounted facilities, or to place additional antennas on existing freestanding facilities, the applicant shall submit all materials specified in Appendix 1.

(2)

Applications for freestanding CMRS facilities shall be reviewed by the Planning Commission and Board of Trustees as conditional uses pursuant to the procedure and review criteria in Section 19-2-120, as well as the review criteria of this Section. The applicant shall submit all materials specified in Appendix 1.

(k)

Eligible telecommunication facility request. The review of an eligible telecommunication facility request, as defined in Section 19-2-610, shall be subject to the following additional specific procedures:

(1)

The Town Staff shall approve an eligible telecommunications facility request that does not substantially change the physical dimensions of an eligible tower or base station.

(2)

The Town Staff may approve an eligible telecommunications facility request that substantially changes the physical dimensions of a tower or base station if it complies with the requirements for freestanding CMRS facilities.

(3)

The Town Staff may condition the approval of an eligible telecommunications facility request on compliance with generally applicable building, structural, electrical and safety codes or with other laws codifying objective standards reasonably related to public health and safety.

(4)

Denial of an eligible telecommunications facility request shall be in writing and shall include the reasons for denial.

(l)

Review deadlines. In compliance with federal law and regulations, the Town shall review and act upon all CMRS applications within the following time periods:

(1)

Within thirty (30) days the Town will give written notice of incompleteness, specifying the Code section that requires the information. This halts the remaining deadlines until a complete application is filed.

(2)

An eligible telecommunications facilities request shall be approved or denied by the Town within sixty (60) calendar days of the date of the Town's receipt of the competed application. This time period may be tolled only by mutual agreement or when an application is incomplete.

(3)

If the Town fails to approve or deny an eligible telecommunications facility request within sixty (60) calendar days of the date of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

(4)

Within ninety (90) days the Town will act on collocation applications that are not a substantial change in the size of a tower, or location or collocation applications for a small cell facility or small cell network, or replacement or modification of the same.

(5)

Within one hundred fifty (150) days the Town will act on applications for new CMRS facilities, collocation applications that are a substantial increase in the size of the tower or substantial increase an existing CMRS facility that are not a small cell facility or small cell network.

(m)

Discontinuance and abandonment. All CMRS providers shall notify the Town when they place the FCC on notice, via the filing of FCC form 489, that a specific CMRS facility is being discontinued. Antennas and support structures, which are not in use for six (6) months for CMRS purposes, shall be removed by the CMRS facility owner. This removal shall occur within sixty (60) days of the end of the six-month period. Upon removal, the site shall be restored to blend with the surrounding environment. If an abandoned facility is not removed within the required time frame the Town shall remove the facility and bill the property owner upon which the facility is located for the cost incurred for the removal. In the event the property owner fails, within thirty (30) days after billing, to pay for the cost and expenses of removal the Town may assess a lien against the property for such costs which may be certified to the Grand County Treasurer for collection in the same manner as real property taxes under Sections 31-20-105 and 31-20-106, C.R.S. The lien created hereby shall be superior and prior to all other liens excepting liens for general and special taxes.

(Ord. 452 §1(Exh. A), 2018)