(a)

Establishment prior to principal use prohibited. Accessory uses, structures or buildings shall not be established prior to a principal use.

(b)

Footprint. The total footprint area of all detached accessory structures and buildings on any one lot shall not exceed the lesser of ten percent of the total lot area, 60 percent of the primary structure or 2,000 square feet.

(c)

Construction materials. In all residential zoning districts, accessory structures or buildings shall be constructed of materials and with colors compatible with the principal building or structure.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any use, whether a use by right or use by special review, must be compatible with the surrounding and existing uses, whether the proposed use is a use by right or use by special review. Uses which are substantially dissimilar from the existing land uses in the surrounding and adjacent area should not be allowed.

(b)

Before buildings permits for new structures may be issued, a site plan (development plan) shall be provided and shall have been approved by the Board of Trustees. All development shall be in accordance with such approved plan. Any site plans and/or development plans shall be compatible with the land uses surrounding the proposed development site.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

For safety and visibility purposes, a sight distance triangle shall be created and maintained in which there shall be no landscape materials or berms or other visual obstructions between a height of two and one-half feet and ten feet above the adjacent street level. The following chart shall be used to determine the sight distance triangle:

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Streetscape. Street furniture, including benches and trash receptacles, shall be provided to serve the public and shall be constructed of a combination of wood and wrought iron or other similar metal. Planters may be constructed of the same or similar materials used in the adjacent building or of similar materials used in benches and trash receptacles and may be designed to include bench seating. All street furnishings in the downtown area shall meet standards established by the Town.

(b)

Plantings. Property owners in the Business and Commercial Districts are encouraged to create open space and green areas and create container plantings to enhance the appearance of the Town.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 05-2010 § 3, 5-18-2010; Ord. No. 03-2016, § 1, 3-29-2016)

Amendments to this Chapter may be made by the Board of Trustees only after holding a public hearing and giving notice of such hearing in a newspaper of general circulation in the Town once at least 15 days prior to the day of the public hearing and once at least eight days prior to the date of the public hearing. Any property owner requesting any change of zone in any district shall post the property pursuant to guidelines established by the Town Clerk, setting forth the date and time of any hearing. Notice of any hearing under this Chapter shall also be posted at the Town posting places.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Whenever any action is required by the Planning and Zoning Commission, the Board of Trustees will act as the Planning and Zoning Commission, as set forth in Chapter 2 of this Code.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Whenever a public hearing is required or otherwise determined to be necessary under this Chapter, notice of such public hearing shall be given as follows:

(1)

A sign of sufficient size to be readily visible by landowners of adjoining property shall be posted in a prominent place on the property for seven days prior to the day of the public hearing. The sign shall indicate that a proposal is pending and shall indicate where to obtain further information regarding the proposal.

(2)

Notice shall be published in a newspaper in general circulation in the Town as may be required by law or as set forth in this Code.

If no specific notice is prescribed, then notice shall be published once seven days prior to the day of the public hearing. Saturdays, Sundays and holidays shall be included for the purpose of computing time herein provided.

(b)

The notice shall include the following information:

(1)

A general description of the subject property by address or street location.

(2)

The zoning classification, specific use or action requested.

(3)

The date, time and place of the hearing.

(4)

A statement that additional information is available at the Town Hall.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any action authorized by this Chapter shall be taken within 62 days of the filing of the completed application.

(b)

Action on the application need not be completed within 62 days of the filing of a completed application when the applicant has consented to an extension of such time limit.

(c)

When additional time is necessary for research or information gathering not to exceed 35 days.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

It is the intent of this Section to provide a prompt and speedy method of appeal for any person aggrieved as a result of any action brought pursuant to this Chapter.

(b)

Unless otherwise specified, any person or entity may appeal a final order of any administrative official or board by filing with such official or board a notice of appeal setting forth the process of the appeal within 21 days after the date of the hearing or final order issued by the official or board.

(c)

When the appeal is from an administrative official, the appeal shall be to the Board of Trustees.

(d)

The Board of Trustees shall consider any matter appealed to it within 45 days of the filing of a perfected notice of appeal from any administrative official. The Board of Trustees may appoint the Municipal Judge or a licensed attorney to conduct the appeal on its behalf.

(e)

Any appeal from the Board of Trustees shall be to the County District Court pursuant to Rule 106 of the Colorado Rules of Civil Procedure.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

No vehicles, trailers, trucks, truck beds, motor vehicles, railroad cars or metal containers designed to be part of a vehicle or otherwise mobile shall be placed upon any lot in any zone district for the purpose of using such device for storage or advertising for more than 72 hours. Any device described in this Section may be used for any purpose described herein only if approved by the Board of Trustees pursuant to a request for a use by special review and only in the Business or Commercial Zoning District.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Provisions. The following provisions shall apply to all those uses and structures which, because of their seasonal or short-term nature, shall be considered temporary uses and structures.

(1)

Temporary uses and structures may be required to provide off-street parking as required in this Chapter. The operator of a temporary use shall demonstrate that temporary off-street parking will adequately accommodate the parking needs of the use, will not displace parking spaces required for other uses on the site and shall not cause safety problems or impede access to and from other business locations or to streets.

(2)

Temporary uses shall be limited to 90 days during each consecutive 12-month period. The duration of the temporary use may be extended for an additional 30 days by written approval of the Town Clerk if the use is in compliance with all applicable provisions.

(3)

The design and operation of a temporary use shall be compatible with the design, operation and zoning classification of the principal use of the site and shall not impact such principal use. Upon completion of a temporary use, the site shall be cleaned and evidence of its existence removed and the site shall be left in a condition that minimizes adverse impacts to the site and surrounding properties.

(4)

All signs shall be in conformance with Article 6 of this Chapter.

(5)

Applications for a temporary use shall be filed on forms supplied by the Town Clerk and may be approved by the Town Clerk. Fees for temporary uses shall be as set forth in the Town's Fee Schedule.

(6)

Temporary uses are encouraged in unoccupied, vacant or temporarily unoccupied lots or structures and are discouraged in parking lots of occupied structures in current use.

(b)

Outdoor markets.

(1)

All vendors shall ensure that no product is placed or displayed and that no structures for the temporary use are placed within the setbacks established for the zoning district in which it is located.

(2)

All vendors shall meet all licensing requirements, including a Town business license and a current state sales tax license.

(3)

Mobile food carts, food sales trucks and mobile food sales vendors are required to have a separate Town business license and are required to report retail sales separate from any adjacent business. This provision is not applicable to sidewalk sales, outdoor or patio restaurant sales and special sales lasting less than ten days in any consecutive 12-month period.

(4)

Applications for temporary events shall be signed by the property owner and the vendor.

(c)

Garage or yard sales.

(1)

Yard sales, whether conducted by a single individual or family or a group of not more than six individuals or families, and conducted for no more than three consecutive calendar days and no more than two such sales during any consecutive 12-month period, shall be exempt from the requirements of this Section.

(2)

Any vendor who conducts more than two such sales during any consecutive 12-month period and for more than three consecutive calendar days during each sale shall comply with this Section in all respects, including proper licensing as set forth in Paragraph (b)(2) above.

(3)

A vendor shall not sell merchandise acquired solely for the purpose of resale at a garage or yard sale.

(4)

A vendor who conducts more than two sales per consecutive 12-month period, or sales for longer than three consecutive calendar days, shall conduct such sale only in a zoning district appropriate for retail activity; and such sale shall not be conducted in the Residential Zoning District.

(5)

No signs for a garage or yard sale or other occasional sale shall be installed in the public right-of-way, and all signs related to the garage or yard sale shall be removed immediately after the sale ends.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 05-2012 § 1, 6-26-2012; Ord. No. 03-2016, § 1, 3-29-2016)

Granting a development permit of any kind in this Chapter shall be contingent upon the applicant being in compliance with all requirements of the Town, including land use requirements, tax deficiencies, uncollected ordinance violations or any other default or violation of this Code or any ordinance of the Town.

(Ord. No. 03-2016, § 1, 3-29-2016)