The various sections herein contained constitute the zoning chapter of the town and may be so cited.

(Prior zoning regs., § 101; Code 1992, § 16-1; Ord. No. 1-1992, § 1)

The purpose and intent of this chapter shall be to:

(1)

Promote the public health, safety, morals and general welfare.

(2)

Protect the access of the citizens of the town to air and light.

(3)

Promote the use of land in a manner that supports and encourages a safe and efficient network of transportation facilities in the town.

(4)

Promote a pattern of land uses that are in harmony with one another.

(5)

Prevent overcrowding of land and undue concentration of population.

(6)

Facilitate the adequate provision of public requirements.

(7)

Conserve the value of buildings.

(Prior zoning regs., § 102; Code 1992, § 16-2; Ord. No. 1-1992, § 1)

This chapter is adopted pursuant to, inter alia, C.R.S. §§ 29-20-101 et seq. and 31-23-101 et seq.

(Prior zoning regs., § 103; Code 1992, § 16-3; Ord. No. 1-1992, § 1)

This chapter is based upon sound principles of town planning. Nuisances or damages beyond the scope of or unanticipated by this chapter may occur on rare occasions. This chapter shall not create liability on the part of the town or of any of its officers, employees, servants or agents thereof or any such nuisances or damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. This chapter shall not be construed to hold the town responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein, or failure to inspect, or by reason of issuing a building permit as herein provided. Nothing in this chapter shall be construed to create any liability or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, C.R.S. § 26-10-101 et seq., or to waive any immunities or limitations on liability otherwise available to the town or its officers, employees or agents.

(Prior zoning regs., § 804; Code 1992, § 16-4; Ord. No. 1-1992, § 1)

The following rules shall apply throughout this chapter:

(1)

The particular controls the general.

(2)

In case of any difference of meaning or implication between the text of this chapter and the titles of each section, the text shall control.

(3)

The word "shall" is always mandatory and not directory. The word "may" is permissive.

(4)

Words used in the present tense include the future, unless the context clearly indicates the contrary.

(5)

Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

(6)

A building or structure includes any part thereof. A building or other structure includes all other structures of every kind, regardless of similarity to buildings.

(7)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(Prior zoning regs., § 104; Code 1992, § 16-5; Ord. No. 1-1992, § 1)

(a)

This chapter applies to applications to engage in development, to change a use or to modify or enlarge an existing use within the corporate limits of the town. Any use of any building, structure or land and the erection, construction, reconstruction, alteration, repair, moving or structural alteration of any building, structure or part thereof shall be subject to the provisions of this chapter.

(b)

Any person seeking to engage in development, to change a use or to modify or enlarge an existing use within the corporate limits of the town shall obtain the approval of the town pursuant to this chapter before engaging in such activity. Except as hereinafter provided, no building, structure or land shall be used, and no building, structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zoning district in which it is located, nor shall a yard, lot or open space be reduced in dimension or area to an amount less than the minimum requirements set forth herein.

(c)

Adjustments may be made by recommendation of the planning and zoning commissions and board of trustees approval, upon special circumstances. In their interpretation and application, the provisions of this chapter shall be regarded as the minimum requirements for the protection of the public health, safety, morals and general welfare. This chapter shall, therefore, be regarded as remedial and shall be literally construed to further its underlying purposes.

(Prior zoning regs., § 105; Code 1992, § 16-6; Ord. No. 1-1992, § 1)

The provisions of this chapter shall not apply to a nonconforming use existing on the date this chapter becomes effective, according to the provisions of section 16-84. No other uses shall be exempted from any of the provisions of this chapter, except as permitted in article VII of this chapter subject to the decision of the board of adjustment and approval of the board of trustees.

(Prior zoning regs., § 106; Code 1992, § 16-7; Ord. No. 1-1992, § 1)

(a)

Nothing in this chapter shall be construed as exempting an applicant from any other requirements of the town or other local, county, state or federal laws and regulations.

(b)

This chapter is not intended to repeal, abrogate or impair any existing applicable requirements, easements, covenants, permits or deed restriction which impose more restrictive requirements than this chapter. Where this chapter and any other regulations, requirements, easements, covenants, permits or deed restrictions conflict or overlap, the more restrictive requirements shall control.

(Prior zoning regs., § 107; Code 1992, § 16-8; Ord. No. 1-1992, § 1)

The regulations and restrictions set forth herein may from time to time be amended, supplemented, changed or repealed in accordance with the procedures set forth below:

(1)

Initiation. Amendments to this chapter may be initiated by either the planning and zoning commissions or the board of trustees.

(2)

Public hearing. No amendments to this chapter shall be effective until after a public hearing before the planning and zoning commissions and the board of trustees for which a public notice has been given, in accordance with section 16-148.

(3)

Recommendations and approval. The planning and zoning commissions shall make recommendations to the board of trustees on the proposed amendments. The board of trustees shall approve or disapprove the amendments.

(Prior zoning regs., § 806; Code 1992, § 16-9; Ord. No. 1-1992, § 1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land on which it is located, which does not exceed in area 30 percent of the rear yard area of the property and is not closer than six feet to a structure, and which is no higher above grade than the existing principal building. Accessory buildings require a building permit and shall be constructed in accordance with applicable codes. The term "accessory building" does not include utility sheds.

Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

Alley means a public way permanently reserved as a secondary means of access to abutting property.

Appurtenant structure means a garage, shed or other structure directly connected to and part of a principal structure. Structures connected only by breezeways, walkways, porches, patios or fences will not be considered appurtenant structures.

Board of adjustment means the board of adjustment of the town.

Boardinghouse androominghouse mean a building or portion thereof which is principally used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The compensation shall include compensation in money, services or other things of value. The terms "boardinghouse" and "roominghouse" includes a guest house or a lodginghouse, but not a motel or hotel.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, not including advertising sign boards or fences.

Building height means the vertical distance measured from the established curb level to the highest point of the underside of the ceiling beams for a flat roof; to the deck line for a mansard roof; and the main level of the underside of the rafters between the eaves and the ridge for a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.

Child care center means a facility maintained solely for the care of five children or more, and that provides less than 24-hour care. Such facility, regardless of number, shall be subject to and regulated by the state department of social services rules and regulations. (Note: The number of children allowed is determined by available square footage at such facility, as stated in the state department of social services rules and regulations.)

CMRS telecommunications equipment shelter means an unattended structure such as a small building or cabinet used to house equipment for a CMRS telecommunications facility associated with either a freestanding CMRS telecommunications facility or a structure- or building-mounted CMRS telecommunications facility.

CMRS telecommunications provider means a public or private company providing any type of CMRS or other related technology.

Commercial mobile radio services (CMRS) telecommunications means any use of property for antennae, equipment and equipment shelters employed in the reception, switching and/or transmission of wireless telecommunication services, including, but not limited to, paging, enhanced specialized mobile radio, personal communications services, microwave link antenna, cellular telephone and other related technologies.

Conventionally built dwelling means a dwelling constructed element by element at the site, as opposed to a dwelling that is prefabricated by systems, or a mobile home.

Daycare home means a dwelling where a maximum of five children, not related to the principal occupants, are received for care. Such dwelling shall be subject to and regulated by the state department of social services rules and regulations.

Development means any change in the actual use of land or improvements thereon, including, but not limited to: the construction of any improvements which require a building permit; a change in use or intensity of use on the land or in improvements thereon; enlargement, reconstruction or renovation of improvements; or demolition of improvements. Notwithstanding this provision, the following are not development activities:

(1)

Any change from one agricultural use or crop to another.

(2)

Normal maintenance and repair of improvements which does not involve a change in use or intensity of use.

(3)

Nonstructural interior improvements.

Drainage means the drainage required as per the town's standards specification manual.

Dwelling means a building or portion thereof which is used as a private residence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs or hospitals. In addition, all dwellings shall be constructed as permanent buildings and shall comply with the standards established by the building code as adopted by the town.

Dwelling, multiple-family, means a building, or portion thereof, designed for or occupied by three or more families living independently of each other.

Dwelling, single-family, means a building designed exclusively for occupancy by one family.

Dwelling, two-family, means a building designed exclusively for occupancy by two families living independently of each other.

Dwelling unit means one or more rooms in a dwelling, designed for occupancy by one family for living or sleeping purposes and having not more than one kitchen.

Easement means authorization by a property owner for the use by the public, a corporation or persons of any designated part of his or her property for specific purposes.

Family means an individual or two or more persons living together as a single housekeeping unit in a dwelling unit.

Family child care home means in home child care licensed by the Colorado Department of Human Services Division of Early Learning Licensing and Administration that provides less than 24 hour care at any time for two or more children that are unrelated to each other or the provider, and are cared for in the provider's place of residence.

Floor area, for the purposes of determining the floor area ratio, means conversions of existing structures and maximum size of business establishments, the sum of the gross horizontal areas of several floors measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment (open or enclosed) located on the roof; penthouses; attic space having headroom of seven feet ten inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses, provided that any space devoted to off-street parking or loading shall not be included in floor area.

Floor area ratio means the numerical value obtained through dividing the gross floor area of a building or buildings by the net lot area on which such building or buildings are located.

Freestanding CMRS telecommunications facility means a facility that consists of a stand-alone support structure such as a lattice tower or monopole, antennae and associated equipment storage shelters.

Home occupation means any use conducted principally within a dwelling and carried on only by the inhabitants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Home occupations may be conducted within appurtenant structures. Any uses conducted within accessory buildings or other non-appurtenant structures may be considered home occupations upon meeting the conditions set forth in section 16-82.

Junk means any manufactured goods, appliances, fixtures, furniture, machinery, motor vehicle or trailer which is abandoned, demolished, dismantled or so worn or deteriorated, or in such condition to be unusable in its existing state or salvage materials, scrap metal, waste, bottles, tin cans, paper, boxes, crates, rags, used lumber and building materials, motor vehicles and machinery parts, and used tires.

Kennel means any lot or premises used in whole or part for the purpose of boarding, breeding, buying, selling, trading, training or producing pet animals for compensation or profit. The term "kennel" does not include veterinary medical facilities, licensed research facilities or government agencies.

Livestock means horses, mules, cattle, burros, swine, sheep, goats and rabbits.

Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the county clerk and recorder, or when not so platted, in a recorded subdivision, a parcel of real property abutting upon at least one public street and held under separate ownership.

Lot area means the total horizontal area within the lot lines of a lot.

Lot line, front, means the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front lot line.

Lot line, rear, means the line opposite the front lot line.

Lot line, side, means any lot lines other than front lot lines or rear lot lines.

Lot width means the distance parallel to the front lot line measured between side lot lines through the part of the building or structure where the lot is most narrow.

Microwave link antenna means any antenna which emits microwave signals, except for receivers otherwise regulated in this Code.

Motel or hotel means a building designed for occupancy as the temporary abiding place (30 days or less) of individuals who are lodged with or without meals and with such building having six or more guest rooms.

Nonconforming structure or use means a structure or use lawfully existing at the time the ordinance codified in this chapter or any amendment thereto becomes effective and which, after the effective date of such ordinance or amendment, does not conform with the building regulations or the regulations applicable in the zone district in which it is located. The term "nonconforming structure or use" does not include accessory uses.

Occupied includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Off-street parking space shall be a space located on specific premises with minimum dimensions of ten feet wide by 20 feet long.

Open and unobstructed means having open space, open areas, not being blocked, clogged, covered or enclosed by any type of temporary or permanent materials or devices for any length of time.

Open space means open space on a building site, including pedestrian ways, space for active and passive recreation and landscaping, exclusive of space devoted to vehicular streets, drives, parking areas, carports, patios, signs or is overlaid by buildings or any other type of structure.

Operable motor vehicle means a motor vehicle in such physical and mechanical condition so as to perform the function or purpose for which it was originally constructed or manufactured.

Panel antenna means any antenna with both a vertical and horizontal plane designed to receive, transmit, direct or aim CMRS telecommunications signals. Panel antennae are commonly mounted to a building or other support structure for the transmission or reception of wireless communications signals.

Paved means asphalt, concrete or other sealed hard surface.

Person shall also include association, firm, co-partnership or corporation.

Planned unit development(PUD) means a unified development in single ownership of control, which is subdivided and developed according to a comprehensive plan and where the specific requirements of a given district may be modified.

Planning and zoning commissions means the planning and zoning commissions of the town.

Poultry means chickens, ducks, geese, guineas, peacocks and pigeons.

Powers of the board of adjustment are to hear, review and decide appeals concerning the enforcement of this chapter and to hear, review and make recommendations to the board of trustees on requests for special exceptions in accordance with all of the requirements of this chapter.

Powers of the board of trustees are to hear, review and decide upon any applications made to it in accordance with the requirements of this chapter and in such decision process, to consider all information, including recommendations by the planning and zoning commissions, board of adjustment and other interested or affected parties; to amend this chapter; and any other powers granted to the board of trustees.

Powers of the planning and zoning commissions are to hear and review applications made to the town as required by this chapter and to make recommendations to the board of trustees on such applications. These powers do not include the power to make final decisions on any applications; such power rests solely with the board of trustees.

Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use.

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions.

Roofline means the highest point on any building where an exterior wall encloses usable floor area, including floor area provided for housing mechanical equipment.

Room means a subdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.

Signs means visual means of communication, including its structure and component parts, which are used or intended to be used to attract attention to the subject matter for advertising purposes. Any outdoor advertising device, display, figure, painting, drawing, message, placard, poster, structure or any other contrivance designed, intended or used to advertise or to give information in the nature of advertising and having the capacity of being seen from the travel way of any road, street, highway or other public right-of-way. Classes of signs are:

Awning sign means a sign which is mounted on a temporary shelter supported entirely from the exterior wall of a building.

Banner means a strip of fabric which is used as a sign stretched across two points and is temporary in nature.

Canopy sign means a sign which is mounted on a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Flush wall sign means any sign attached to or erected against the wall of a building with the sign face in a plane parallel to the plane of said wall and which does not extend more than 12 inches from the building fascia.

For sale or for rent sign means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

Freestanding sign means a detached sign which is supported by one or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign.

Ground sign means a type of freestanding sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.

Pennant means a triangular, square or rectangular shaped flag attached in a string type manner. Pennants are in plain color and do not contain any words, logos or emblems.

Permanent sign means a sign which is permanently affixed or attached to the ground or to any structure.

Political sign means a sign which advertises a candidacy for public office or issues to be considered in a public election.

Portable sign means a sign which is not permanently affixed or attached to the ground or to any structure.

Projecting wallsign means any sign other than a flush wall sign which projects from and is supported by a wall or a building. Such sign requires special review by the planning and zoning commissions and, if applicable, the board of trustees.

Rooftop sign means a sign erected upon or above a roof or above a parapet wall of a building. Such sign requires special review.

Sign face means the surface of the sign upon, against or through which the message is displayed or illustrated.

Sign, illegal, means any sign which was erected in violation of any of the ordinances of the town governing the same at the time of its erection and which sign has never been in conformance with such ordinance, including article V of this chapter, and which shall include signs which are posted, nailed or otherwise fastened or attached to or painted upon structures, utility poles, trees, fences or other signs.

Sign, legal nonconforming, means any sign which was lawfully erected and maintained prior to the enactment of article V of this chapter and any amendments thereto and which does not conform to all the applicable regulations and restrictions of article V of this chapter.

Sign with backing means any sign that is displayed upon, against or through any material, color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

Sign without backing means any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in nor otherwise made a part of any larger display area.

Special event sign means a temporary sign, including, but not limited to, banners, posters, A-frames (sandwich board), hot air balloons and pennants that contain words, logos or emblems which remain on one parcel or building facade.

Under-canopy sign means a sign which is located beneath a permanent roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Wind-driven sign means any sign consisting of one or a series of two or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.

Special use permit means a permit granted to an individual, group or organization so as to allow an event to occur for a designated period of time which may or may not be compatible with the particular zone. Clean-up bonds or other special restrictions may be associated with issuance of this permit as deemed necessary by the planning and zoning commissions and the board of trustees.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Structure means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

Structure- or building-mounted CMRS telecommunications facility means any CMRS facility, antenna or equipment attached to or mounted upon any structure or equipment attached to or mounted upon any structure or building. Structure- or building-mounted CMRS telecommunications do not include freestanding CMRS telecommunication facilities as defined by this section. All structure- or building-mounted CMRS telecommunications facilities shall be deemed an accessory use of the property to which the facility is attached or mounted.

Temporary use permit means that a temporary use shall have all of the restrictions and regulations as does the definition of home occupation, except that this temporary use may be conducted in an accessory building or other appurtenant structure. In addition to all other restrictions, the following also apply:

(1)

Uses are subject to a minimum of a six-month review; and

(2)

No sewer connections or water taps may be granted for those uses.

Trustee means an elected member of the board of trustees.

Use means the purpose for which land or building and/or structure is designed, arranged, utilized or intended, or for which either is or may be occupied or maintained.

Utility shed means a structure which shall be used for the sole purpose of storage and shall not exceed 120 square feet of projected roof area, not to exceed ten feet in height and shall be at least six feet from any structure. Utility sheds are not considered accessory buildings.

Variance means a finding that a proposed development implements only the spirit, and not the letter, of a provision of this chapter, granted by the approving agency after finding that the failure to implement the provision is only of insignificant proportions and to implement the letter of the provision would work a hardship as defined by law.

Whip antenna means any antenna cylindrical in shape that emits signals in a 360-degree horizontal plane for the transmission or reception of wireless communications signals.

Yard means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front, means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, side, means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto.

(Prior zoning regs., art. 9; Code 1992, § 16-10; Ord. No. 1-1992, § 1; Ord. No. 1-1998, § 1; Ord. No. 6-2024, § 1, 4-23-2024; Ord. No. 2-2025, § 1, 2-11-2025)