Occupations permitted. A home occupation shall be allowed as a permitted accessory use, provided all of the following conditions are met:

(A)

The use shall operate in its entirety within the dwelling unit and only by the person maintaining the dwelling therein.

(B)

Specific prohibition. Without limiting the foregoing, no medical marijuana business shall be permitted as a home occupation.

(C)

The operator of the home occupation shall not have any employees or regular assistants working in the home or frequently making visits to the home who are not residing in the dwelling unit.

(D)

The use shall clearly be incidental and secondary to the use of the residential dwelling and shall not change the character thereof.

(E)

There shall be no offensive noise, vibration, smoke, dust, odor, heat or glare beyond what normally occurs in any residential zone district.

(Ord. 2013-3-1-388 §3; Ord. No. 2014-7-1-392, § 3, 6-11-2014)

(A)

Permitted signs. The following signs are permitted in the zoning districts specified and require no permit for erection:

(1)

Signs in the R-1, R-2 and R-3, M and B Districts may include:

(a)

One (1) lighted, on-site identification sign per occupied residential lot, provided such sign does not exceed four (4) square feet in area.

(b)

One (1) unlighted, on-site "for sale" or "for rent" sign per lot, provided such sign does not exceed six (6) square feet in area per face. Hotels and motels shall be permitted to use lighted "vacancy" and "no vacancy" signs, provided the same shall not exceed six (6) square feet in area.

(c)

One (1) indirectly illuminated identification sign per public or semi-public use, provided such sign does not exceed ten (10) square feet in area.

(2)

Signs in the B and O Districts may include:

(a)

One (1) illuminated, freestanding or projecting on-site sign per principal use, provided such sign does not exceed a total of fifty (50) square feet in area per face.

(b)

Not more than two (2) wall signs not extending more than twelve (12) inches from each principal building in any direction and not exceeding fifty (50) square feet in area.

(B)

Prohibited signs. The following types of signs are prohibited in all districts:

(1)

Any sign not specifically permitted by this Section.

(2)

Any signs erected upon, over or adjacent to the public right-of-way of any street, roadway or alley which contain or are in imitation of an official traffic sign or contain the words "stop," "go slow," "caution," "danger," "warning" or similar words.

(3)

Signs with visible moving, revolving or rotating parts or visible mechanical movement or any description or other apparent visible movement achieved by electrical, electronic or mechanical means, except for time-temperature-date signs and traditional barber poles and except for gauges and dials which may be animated to the extent necessary to display correct measurement.

(4)

Any sign which contains or consists of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or other similar moving devices.

(5)

Any sign that obstructs any window, door, fire escape, stairway, ladder or openings intended to provide light, air, ingress or egress for any building, as required by law.

(6)

Any sign which advertises an activity, business, product or service not conducted or offered on the property on which the sign is located.

(C)

Regulations. No signs or outdoor advertising devices shall be hereafter erected, altered or improved unless such sign or device shall conform with the following regulations:

(1)

Signs shall be set back from the right-of-way a distance equal to the front yard requirement for the zoning district in which they are located.

(2)

Signs shall identify or advertise only the business establishment on the lot upon which the sign is located.

(3)

No sign shall be located so that it shall interfere with or detract from orderly traffic movements, obscure or impair the vision of the driver of any motor vehicle or which is a hazard to traffic.

(4)

All signs, together with supports, braces, guys and anchors, shall be kept in good repair and in a safe state of preservation so as to preserve the initial intent of their design and so as to remain readable.

(D)

Nonconforming signs. All signs in all districts that are nonconforming at the effective date hereof may be maintained and kept in a state of good repair so long as such signs are not relocated, replaced or structurally altered. If any such signs are relocated, replaced or structurally altered, such alteration, replacement or relocation shall be made only so long as all provisions of this Section are complied with.

(A)

Intent. There may exist structures and uses of land which were lawful prior to the adoption or amendment of this Title but which are or have become prohibited, restricted or unlawful as a result of current provisions of this Title. It is the intent of this Section to permit these nonconformities to continue until they are removed, discontinued or more than fifty percent (50%) destroyed. It is further intended that nonconforming structures and uses shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the zone district.

(B)

Nonconforming uses. Where, at the time of the adoption of this Title or any amendment thereof, a lawful use of land existed which would not be permitted under current provisions of this Title, the use may be continued so long as it remains otherwise lawful, subject, however, to all of the following:

(1)

No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land or percentage of a structure than was occupied at the effective date of the regulation causing the nonconformity;

(2)

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the regulation causing the nonconformity;

(3)

Whenever a nonconforming use has been discontinued for any reason for a period of twelve (12) consecutive months or more, regardless of any intent to resume such use, neither that nor any other nonconforming use shall thereafter be reestablished, and all subsequent uses of such land shall conform to the regulations specified by this Title for the zone district in which such land is located;

(4)

No nonconforming use shall be changed other than to a use permitted in the zoning district in which the use is located; and

(5)

A nonconforming use operating within a conforming structure shall not be continued if the structure is destroyed by fire, elements or other calamity or means to an extent exceeding fifty percent (50%) of the structure's replacement value at the time of said destruction.

(C)

Nonconforming structures. Where a lawful structure which existed at the effective date of adoption or amendment of this Title could not lawfully be built under current provisions of this Title, such structure may continue to exist so long as it remains otherwise lawful, subject, however, to the following:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases the area or degree of its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

If a structure is moved or relocated for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone district to which it is moved or relocated.

(3)

If a nonconforming structure is destroyed by fire, elements or any other calamity or means to the extent of fifty percent (50%) or less of the nonconforming structure's replacement value at the time of such destruction, the structure may be reconstructed or restored only if the restoration or reconstruction conforms to applicable provisions of the building code and such reconstruction or restoration is completed within one (1) year of such destruction.

(4)

A nonconforming structure which has been destroyed by fire, elements or other calamity or means in extent exceeding fifty percent (50%) of the structure's replacement value at the time of such destruction may not be reconstructed or restored except in conformance with all applicable provisions of this Title and all applicable provisions of the building code in effect within the Town.

(D)

Repairs and maintenance. Ordinary repairs and maintenance of a nonconforming structure or sign shall be permitted in order to prevent deterioration of the structure or sign.

(E)

No cure of existing nonconformity. Nothing in this Section shall be interpreted or construed as authorizing or approving the continuance of a use or structure that is in violation of the zoning regulations in effect at the time of the effective date of this Section.

(A)

In any district in which single-family detached dwellings are permitted, one (1) single-family residence may be erected on any single nonconforming lot which

existed lawfully at the time of the adoption of the regulations codified in this Title; provided, however, that such lot is not contiguous with other lots under the same ownership which could be merged with such lot for purposes of achieving conformity under Subsection (B) below, and provided further that denial of the building permit would deprive the owner of all reasonable use of the lot.

(B)

If two (2) or more contiguous lots are under the same ownership at the time of or subsequent to the adoption of this Title, and one (1) or more of such lots fail to meet the requirements for area, width, frontage, size or any other lot requirements for the zoning district in which the lots are located, the owner of such lots shall be required to combine the same to the extent necessary to achieve conformity with such requirements, and the lots so combined shall be deemed to merge and shall thereafter be considered a single and undivided parcel. The building permit issued for any structure to be erected on such combined or merged parcel shall recite the merger and identify the lots so combined. It shall be unlawful for any person to convey an interest in real property with the intent to avoid the merger provisions of this Section.

(A)

Intent. Off-street parking requirements lessen congestion upon the public streets of the Town by requiring the owners and operators of land, structures and uses to provide parking on their own premises in accordance with the demand generated by such land, structure or use. This Section shall apply to all uses in all districts.

(B)

Application. No land shall be used or occupied, no structure shall be designed or erected and no use shall be operated unless the off-street parking herein required is provided and maintained in the manner herein set forth.

(C)

Combined uses. No part of an off-street parking space for any building or use may be included as a part of an off-street space of another building or use unless the uses do not conflict and joint use is made by recorded agreement approved by the Board of Trustees. Where more than one (1) use is conducted on a single lot, parking shall be required for each use, even though one (1) is accessory to the other.

(D)

Minimum off-street parking requirements. The following are minimum requirements for parking spaces to be maintained in connection with the buildings and uses indicated:

(1)

Banks and financial institutions. One (1) space per two hundred (200) square feet of gross floor area.

(2)

Church. One (1) space per three (3) seats, based on seating capacity of the main sanctuary.

(3)

Commercial retail sales and service. One (1) space per one hundred (100) square feet of gross floor area.

(4)

Dwelling units. One (1) space per dwelling unit.

(5)

Motels, hotels/bed and breakfast. One (1) space per rental unit, plus one (1) space per owner or manager unit.

(6)

Offices (business, general, professional services). One (1) space per two hundred (200) square feet of gross floor area.

(7)

Restaurants, bars, eating establishments. One (1) space per each one hundred (100) square feet of gross floor area.

(8)

Uses not mentioned. The requirements shall be the same as for similar uses.

(9)

Mixed uses. The total requirements shall be the sum of all uses.

(E)

Parking, stall dimensions. Standard parking spaces for automobiles should be ten (10) feet wide and twenty (20) feet long.

(F)

Handicap parking. Parking spaces for the physically handicapped should have a stall width of twelve (12) feet unless the space is parallel to a pedestrian walk, and length of twenty (20) feet. Any handicapped parking spaces should be designated as for the handicapped with a raised standard identification tag or sign.

(A)

Accessory uses in general. A use customarily incidental to a use permitted in any district shall be permitted when located on the same lot. Refer to Section 9-6-3, Zone District Use Schedule, for accessory uses.

(B)

Outdoor storage of automobiles. Automobiles which cannot meet state inspection standards for travel on public highways, except for collector's vehicles as provided in Section 42-12-103, C.R.S., as amended, shall not be stored outside as an accessory use in any zoning district.

(C)

An accessory use shall not be established or constructed before the establishment of the principal use.

(Ord. No. 2020-10-19, § 3, 10-19-2020)

Buildings, structures or other development, except flood control dams or irrigation structures, shall not be constructed in areas subject to inundation unless and until the plans for such building or structure are first approved by the Board of Trustees, subject to the following special conditions:

(A)

Any building or structure which is approved shall be located so as to offer minimum obstruction to the full flood water and shall not cause lands outside the natural flood channel to be flooded.

(B)

No schools, churches or other places of public assembly shall be permitted in the flood channel.

(C)

No storage of materials which could be removed by flood waters shall be permitted within a flood channel.

(A)

Prohibition. No telecommunications facility shall be constructed in any residential zone district, including the Mobile Home Zone District except as follows:

(1)

Building- or structure-mounted telecommunications facilities may be located in a residential zone district subject to an approved special use permit.

(2)

Roof-mounted telecommunications facilities may be located in a residential zone district subject to an approved special use permit.

(3)

Freestanding telecommunications facilities shall not be allowed in any residential zone district.

(B)

Review procedure - general. Proposed telecommunications facilities in the Business or Open Zone Districts shall be reviewed pursuant to special use review in accordance with Section 9-4-5, Section 2-1-6 of this Code and the specific requirements set forth in this Section.

(C)

Multiple providers. No more than one (1) roof-mounted or freestanding telecommunications facility may be constructed or maintained upon a property in single ownership; provided, however, that additional roof-mounted or freestanding telecommunications facilities may be approved at the same location by special use review, consistent with Subsection (B), provided that all other requirements of this Section are met.

(D)

Building- or structure-mounted telecommunications facilities are subject to the following requirements:

(1)

Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached.

(2)

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet.

(3)

Building- or structure-mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached.

(E)

Roof-mounted telecommunications facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements:

(1)

Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached.

(2)

Roof-mounted telecommunications whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached.

(3)

Roof-mounted telecommunications accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed and shall not be permitted on a sloped roof.

(F)

Freestanding telecommunications facilities shall be visually screened from adjacent residential development and public rights-of-way as follows:

(1)

All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines.

(2)

Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process.

(G)

Notwithstanding any other provision of this Title to the contrary, no telecommunications facility shall exceed the height limit applicable to the underlying zone district in which such facility is located.

(H)

The construction and use of a telecommunications facility shall not cause interference to other adjacent telecommunications facilities. The Town shall be held harmless if such interference occurs.

(I)

Telecommunications facilities which are abandoned by disconnection of power service, equipment removal, non-use or loss of lease for greater than six (6) months shall be removed by the telecommunications facility owner. Should the owner fail to remove the facilities, the Town may do so at its option, and the costs thereof shall be a charge against the owner.

(J)

Notwithstanding any provision of this Section to the contrary, any freestanding telecommunications facilities legally existing upon the effective date of these regulations shall be considered legal nonconforming uses. Additional antennas may be permitted to be co-located upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to nonconforming freestanding facilities will be allowed only upon special use review and approval. This provision does not apply to roof- or building-mounted telecommunications facilities.

(A)

An accessory building or structure shall not be established or constructed before the establishment of the principal building or structure.

(B)

Accessory buildings or structures shall not be erected in the front yard or within any easement upon any lot. Refer to Section 9-6-3, Zone District Use Schedule, for accessory buildings and structures.

(C)

Modified or unmodified shipping containers or storage containers shall not be used as accessory buildings or structures.

(D)

Mobile homes. A mobile home shall not be considered an accessory building or structure; provided, however, that an unoccupied travel trailer or any trailer capable of and licensed for travel on the public streets may be stored on the premises of an occupied residential lot.

(E)

Square footage of all accessory buildings and structures shall be counted toward allowed maximum lot coverage.

(Ord. No. 2020-10-19, § 4, 10-19-2020)