Amendments to the provisions of any zoning districts may be initiated by the planning and zoning commissions, the board of trustees or any person having an interest in real property located within the town. All proposals will be referred to the planning and zoning commissions for study, fact-finding hearing, consideration and recommendation prior to final action by the board of trustees. Nothing herein shall preclude the planning and zoning commissions from reviewing and making recommendations to the board of trustees on other provisions of the zoning regulations.

(Prior zoning regs., § 401; Code 1992, § 16-81; Ord. No. 1-1992, § 1)

(a)

Home occupations may be permitted as an accessory use of any dwelling in any residential zoned district or any zoned district where residences exist and are maintained as such, whether or not authorized as a named accessory use by this chapter if the following conditions are met and continuously exist:

(1)

No more than one home occupation shall be allowed as any accessory use of any dwelling unit.

(2)

The use shall not pass on to a new inhabitant, owner, lessee or tenant.

(3)

Any person carrying on the occupation must be a regular inhabitant of the dwelling unit.

(4)

Such use shall be incidental and secondary to the residential purposes of the dwelling unit, and the occupation activity shall be harmonious with the residential use.

(5)

The total area used for such purpose shall not exceed 300 square feet of the dwelling unit, except as allowed under subsection 16-82(e).

(6)

There shall be no advertising display or other indication of home occupation on the premises except as specified in section 16-114(4).

(7)

Merchandise sold out of the home occupation shall not be the main source of income. The main intent of the home occupation shall not be retail sales.

(8)

There shall be no offensive noise, vibration, smoke, dust, odor, heat or glare noticeable at or beyond the property line which would not exist but for the home occupation.

(9)

There shall be no exterior storage for display or sale of material, goods, supplies or equipment related to the operation of such home occupation, nor any highly explosive or combustible materials.

(10)

Such use may not adversely affect the traffic flow and parking in the surrounding residential areas.

(11)

A home occupation shall not be interpreted to include the following: clinic, hospital, nursing home, animal hospital, restaurant, antique shop, mortuary or minor or major vehicle or boat repair (including painting). This is not intended to be a complete listing. All uses are subject to review by the planning and zoning commissions and approval by the board of trustees.

(12)

No water or sewer taps are allowed in accessory or non-appurtenant structures.

(13)

All home occupations in existence at the effective date of the ordinance codified in this chapter shall be allowed to continue at their present levels of activity and within their present confines.

(b)

Utility sheds are not considered accessory buildings.

(c)

Only a use which is incidental only to the permitted use and which complies with all of the following conditions may be operated as an accessory use:

(1)

The use is clearly incidental and customary to and commonly associated with the permitted use.

(2)

It is operated and maintained under the same ownership and on the same building site as the permitted use.

(3)

It does not include structures or structural features inconsistent with the permitted use.

(4)

It does not include residential occupancy except by domestic employees employed on the premises.

(d)

No use which is prohibited as a home occupation is permitted as an accessory use in a residential district. No accessory use is permitted in a commercial district or a central business district. All accessory uses are subject to a public hearing before the planning and zoning commissions and approval by the board of trustees.

(e)

A family child care home is allowed as a home occupation in any residential district. The family child care home is required to be licensed by the Colorado Department of Human Services.

(1)

Approval shall not be conditional on area of the home used for daycare purpose, hours of operation or building and life safety codes, as these are regulated through the Colorado State Licensing.

(2)

A large family child care home as defined by the Colorado Department of Human Services, being proposed adjacent to an existing large family child care home, may be denied or conditions imposed to manage the flow of traffic and parking.

(Prior zoning regs., § 402; Code 1992, § 16-82; Ord. No. 1-1992, § 1; Ord. No. 6-2024, §§ 3, 4, 4-23-2024)

(a)

Intent. Off-street parking requirements are provided to 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. These regulations are minimum requirements and shall apply to all uses in all districts. All off-street parking shall be paved.

(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 and/or loading space herein required is provided and maintained in the manner herein set forth. However, off-street parking and/or loading spaces need not be provided for land or structures as in use on the effective date of the ordinance codified in this chapter but shall be provided for any additions or expansion to the use. Off-street parking and/or loading space which has been provided prior to such effective date shall not be permanently reduced or infringed upon in any manner creating conditions not in conformance with the requirements of this section.

(c)

Location. The off-street parking area shall be located in the respective zones as hereafter provided:

(1)

Residential zones. The off-street parking area shall be located on the same legal lot as the principal use for which the off-street parking is being provided.

(2)

Commercial, CBD and industrial zones. The off-street parking area shall be located within 200 feet of the property line, as measured by a straight line between the two closest points under consideration, exclusive of street and alley widths, of the principal use for which the off-street parking is being provided, and shall be located only in Commercial, CBD or industrial districts.

(d)

Joint parking facilities. Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a common parking facility, cooperatively established and operated, which contains the required number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements. However, if the uses would not be operated during the same hours, the number of automobile parking spaces shall be determined by the use with the highest parking demand.

(e)

Off-street parking. To figure the minimum amount of off-street parking spaces required, take the square footage of each specific area in the building/structure and divide it by the factor to the right. Any fraction will be considered one parking space.

Example:

Total Parking Spaces Required: 12

*See subsection (g)(2)b of this section for required number of spaces for persons with disabilities.

(f)

Commercial, CBD and industrial districts. Off-street loading spaces in commercial, CBD and industrial districts shall be governed by the following provisions:

(1)

Off-street loading space shall be located on the same zone lot as the building/structure for which it is provided.

(2)

There shall be off-street loading space required as specified in the following table:

a.

Minimum size in commercial or CBD districts.

1.

10 feet wide.

2.

20 feet long.

b.

Minimum size in industrial districts.

1.

10 feet wide.

2.

65 feet long.

3.

14 feet high.

For each additional 10,000 square feet over 40,000 square feet, the minimum required number of spaces shall be increased by one space.

(g)

Off-street parking space construction, landscaping and maintenance.

(1)

Access and circulation. Curb cuts shall be limited to the fewest number necessary to provide workable access. In general, curb cuts shall be spaced at intervals greater than 100 feet, unless this would preclude access to an independent property. Curb cuts shall also meet the minimum requirements shown in figure 1 (commercial curb cut standards) of the ordinance codified in this chapter or in figure 2 (residential curb cut standards) of the ordinance codified in this chapter.

(2)

Parking stall dimensions. Parking spaces for automobiles shall meet the specifications as set forth below:

a.

Standard spaces. Parking spaces for standard vehicles shall conform with the following dimensions:

1.

10 feet wide.

2.

20 feet long.

b.

Parkingspaces for persons with disabilities. Parking spaces for persons with physical disabilities shall have a stall width of 12 and length of 20 feet. Any such spaces shall be designated as being for persons with disabilities with a raised standard identification sign and shall be located as close as possible to the access for persons with disabilities of the structure. The following federal guideline table shall be used to determine the minimum required number of parking spaces for persons with disabilities:

c.

Vehicular overhang. The stall dimensions indicated above may be modified with respect to vehicular overhang as indicated in figure 3 of the ordinance codified in this chapter.

(3)

Layout. Parking lots shall provide well-defined circulation for both vehicles and pedestrians.

a.

Standard traffic control signs and devices shall be used to direct traffic where necessary within a parking lot.

b.

Landscaped islands with raised curbs shall be used to define parking lot entrances, the ends of all parking aisles and the location and pattern of primary internal access drives.

c.

The layout shall specifically address the interrelation of pedestrian and vehicular circulation and provide specific treatment at points of conflict such as signs, painted crosswalks and raised pedestrian walks or landings.

(4)

Bicycle parking. Commercial, industrial and multiple-family residential uses shall provide bicycle parking facilities.

a.

Location. For convenience and security, bicycle parking facilities shall be located near building entrances rather than in remote automobile parking areas. They shall not, however, be located so as to impede pedestrian or automobile traffic flow nor so as to cause damage to plant material from bicycle traffic.

b.

Design. Bicycle parking facilities shall be designed to allow both the bicycle frame and both wheels to be securely locked to the parking structure. The structure shall be of permanent construction, such as heavy gauge tubular steel with angle bars permanently attached to the pavement foundation. A typical bicycle space shall be two to three feet in width and 5½ to six feet in length with an additional back-out or maneuvering space of approximately five feet.

(5)

Landscaping.

a.

Plant material. Existing mature healthy trees shall be preserved wherever possible. All new plant material shall meet specifications as delineated in section 16-92, and pursuant to all other landscaping requirements of this chapter.

b.

Parking lot setbacks. Parking lot setback areas required by this chapter shall be landscaped with trees, shrubs and ground covers or turf grasses. Nonliving ground cover shall not exceed 20 percent of areas required to be landscaped. Parking setback landscaping along a street may be located in and shall be incorporated with landscaping in the street right-of-way. All landscaping shall comply with this chapter and shall be in accordance with sections 16-91 and 16-92.

c.

Screening. Parking lots shall be screened from adjacent residential lots so as to prevent any obnoxious or dangerous degree of glare or excessive illumination beyond any boundary line of which the use is located. These screening performance standards may be met in any number of different ways, but winter seasonal condition of plant material shall be considered when it is used in meeting screening performance standards. Where screening from the street is required, plans submitted for review shall include a graphic depiction of the parking lot screening as seen from the street.

d.

Visibility. To avoid landscape material from blocking driver sight distance at driveway-street intersections, signs, fences, walls, hedges and other landscaping materials located in the clear vision zone (see section 16-91) shall be a maximum two feet in height. All materials exceeding two feet in height, measured from the immediately adjacent ground level, shall not be located within the 25-foot flow lines.

e.

Internal landscaped area. Landscaping of internal islands shall be dispersed so as to improve parking lots by providing visual relief with vertical landscape elements and physical relief with seasonal tree shading. This landscaping shall meet requirements of this chapter, that six percent of the interior of parking lots be landscaped and shall comply with sections 16-91 and 16-92, and all other landscaping requirements of this chapter.

f.

Landscaped islands. Each landscape island shall include one or more full size trees, shall be of length greater than eight feet in its smallest dimension, shall include at least 80 square feet of ground area per tree to allow for root aeration, and shall have raised concrete curbs.

(Prior zoning regs., § 403; Code 1992, § 16-83; Ord. No. 1-1992, § 1)

(a)

Continuation of use. Except as provided in this section, the lawful use of any building or land existing at the time of enactment of the ordinance codified in this chapter or of any amendments to said ordinance may be continued even though such use does not conform to the requirements of this chapter.

(b)

Repairs and maintenance. Ordinary repairs and maintenance of a nonconforming building shall be permitted.

(c)

Restoration. Except as provided for in this section, If a nonconforming building is damaged by fire, elements or otherwise to the extent of 50 percent of its value or less, such nonconforming building may be rebuilt or restored only if the proposed use of such structure is conforming with the provisions of the building code as adopted by the town.

(1)

In the C—Commercial District only, residential uses lawfully existing as of the date of this code adopting the boundaries of the Commercial District, may be rebuilt, or restored even if damaged greater than 50 percent of value, upon approval of a building permit.

(2)

A residential building rebuilt or restored under this section shall not be increased in floor area from the original building footprint.

(d)

Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this chapter.

(e)

Change in use. A nonconforming use shall not be changed to a use other than that of the zoning district in which it is located.

(f)

Extensions. A nonconforming use shall not be extended, either in intensity of use, in floor area or lot area.

(g)

Moving. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to another location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved.

(h)

Unlawful use. Nothing in this section shall be interpreted as authorization for or approval of a continuance of the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of the ordinance codified in this chapter.

(Prior zoning regs., § 404; Code 1992, § 16-84; Ord. No. 1-1992, § 1; Ord. No. 3-2024, § 1, 3-12-2024)

Where an individual lot was held in separate ownership from adjoining properties or was platted prior to the effective date of the ordinance codified in this chapter in a recorded subdivision approved by the board of trustees and has less area or width than required in other sections of the ordinance codified in this chapter, such a lot may be occupied according to the permitted uses provided for the district in which such lot is located.

(Prior zoning regs., § 405; Code 1992, § 16-85; Ord. No. 1-1992, § 1)

(a)

General. All fences and enclosures of any type or design in residential districts shall conform to the provisions of this section and section 16-91, except for fences and barricades around construction sites, which are governed by the building code.

(b)

Permit required.

(1)

For every new fence constructed or upon the replacement of an existing fence, a building permit shall be obtained from the town clerk prior to the beginning of construction.

(2)

The fee for such permit shall be regulated by the fees then in effect as set forth in the building code as adopted by the town and as from time to time amended.

(3)

No permit shall be issued for a fence exceeding six feet in height unless the board of trustees first approves a variance for such a fence and approves such permit.

(c)

Restrictions.

(1)

Subject to the restrictions herein contained, a fence may extend around both side yards and the backyard of a lot. No fence or enclosure shall extend beyond the front of the principal building located thereon or, in the event of a vacant lot, then no closer than 25 feet to the front property line.

(2)

Front yard fences where allowed shall not exceed 50 percent of the length of the front yard lot lines, and no material shall exceed the height of 36 inches.

(3)

No fence shall be constructed closer than three feet from a curb if no sidewalk is in place behind the curb. A fence may abut a town sidewalk if such exists. If no town curb or sidewalk is in place, a fence shall be placed at least 1½ feet inside the property line of the lot.

(4)

All fences shall be placed on the owner's property, except when an agreement between adjoining owners has been reached.

(5)

If the owner places a fence on property on which the town has an easement of any type, then the owner assumes all responsibility for loss if it becomes necessary to remove such fence in order for the town to exercise its rights pursuant to that easement, including, but not limited to, gaining access to or repair of the utilities contained or placed in such easement.

(6)

No barbed wire or electrified fences shall be permitted as separate fences or as an attachment to an existing or newly constructed fence.

(7)

All materials and substances used in the construction of a fence must be approved at the time of the issuance of the building permit.

(8)

Fences shall be constructed of manufactured fencing products and shall not be constructed of materials that are not traditionally used for fences, including, but not limited to, pallets, automobile parts or any type of refuse.

(d)

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

Fence includes not only the enclosure of the property or a portion of the property but shall also be defined as any material or substance that constitutes a barrier or impedes the normal flow of traffic to and from the property in any direction. No material or substance causing a barrier or impeding the normal flow of traffic to and from a property shall create a situation which could endanger public safety.

Front yard lot line means the total front lot line and the portion of the side lot lines extending from the front of the principal building to the front yard lot line.

(e)

Exceptions. The following addresses within the town's boundaries are allowed to maintain a fence or enclosure which is nonconforming with the terms of this section. Such fences or enclosures shall be permitted until the time they are removed or become dilapidated, decayed, neglected or beyond repair. No replacement shall be permitted of fences or enclosures that are removed or become dilapidated, decayed, neglected or beyond repair.

(1)

207 North 2nd Street.

(2)

329 North 3rd Street.

(3)

325 North 4th Street.

(4)

125 South 1st Street.

(5)

320 South 3rd Street.

(6)

330 South 3rd Street.

(7)

306 South 3rd Street Court.

(8)

127 South 4th Street.

(9)

243 South 5th Street (side lot).

(10)

111 Elm Street.

(11)

301 Johnson Drive.

(12)

279 Ley Drive.

(13)

132 Main Street.

(14)

406 Railroad Drive.

(15)

220 Sunset Drive.

(16)

224 Sunset Drive.

(17)

305 East Taylor Avenue.

(18)

125 West Taylor Avenue.

(19)

137 West Taylor Avenue.

(20)

226 Todd Avenue.

(21)

316 South Walnut.

(22)

320 South Walnut.

(Code 1992, § 16-86; Ord. No. 1-2003, § 1)

No animals, livestock or poultry shall be housed, kept or sheltered within zone districts R-1, R-2, R-3, CBD and commercial, with the following exceptions:

(a)

Such prohibition shall not extend to household pets. Household pets shall only include those animals customarily domesticated as a pet.

(b)

Chicken hens may be kept in accordance chapter 7, article XI of this code.

(Prior zoning regs., § 407; Code 1992, § 16-87; Ord. No. 1-1992, § 1; Ord. No. 7-2025, § 1, 4-8-2025)

Eaves, chimneys, canopies, cornices, fire escapes and similar architectural features may extend into any required yard for up to two feet, notwithstanding any other provision of this chapter.

(Code 1992, § 16-88; Ord. No. 1-1992, § 1)

The only structures permitted in required front yards are driveways, sidewalks, signs, flag poles, outdoor light posts and retaining walls. All regulations pertaining to driveways, sidewalks, signs, flag poles, outdoor light posts and fixtures and retaining walls shall be complied with. Flag poles shall be no higher than the principal building, shall be setback a minimum of five feet from the property line and flag shall not extend over any property line when full extended. If pole and flag are lit, lighting shall be installed to be focused and light invasion not cast beyond the limits of the property. In addition, porches and patios attached to the principal building may extend into the required front yard up to ten feet, provided that the portion extending into the required front yard remains at least 90 percent open and unobstructed on three sides.

(Code 1992, § 16-89; Ord. No. 1-1992, § 1; Ord. No. 10-2023, § 1, 11-28-2023)

Driveways, sidewalks, signs, retaining walls and fences are permitted in required rear yards, provided that all requirements of this chapter are met. Patios and porches, whether or not covered by a roof, may be extended into required rear yards up to 15 feet, provided that the portion extending into the required rear yard remains at least 65 percent open and unobstructed on three sides.

(Code 1992, § 16-90; Ord. No. 1-1992, § 1)

Signs, fences, walls, hedges and other landscaping materials located in the clear vision zone of corner lots shall not exceed two feet in height, measured from the flow line of the adjacent streets. The clear vision zone of a corner lot is a triangle formed by the flow lines along the intersecting streets or along the intersecting railroad and street, and a straight line drawn through points on the flow lines located 25 feet in distance from the intersection of the flow lines.

(Code 1992, § 16-91; Ord. No. 1-1992, § 1)

(a)

Intent. The town hereby finds that it is in the public interest for all developments to provide landscaping improvements for the purpose of complimenting the natural landscape, improving the general appearance of the community and enhancing its aesthetic appeal, preserving the economic base, improving the quality of life, delineating and separating use areas, increasing the safety, efficiency and aesthetics of use areas and open space, screening and enhancing privacy, mitigating the adverse effects of climate, aspect and elevations, conserving energy, abating erosion and stabilizing slopes, deadening sound and preserving air and water quality.

(b)

Application. Planting and landscaping suitable to the planning and zoning commissions and the board of trustees shall be provided as required by this chapter. Such landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plants.

(c)

Maintenance. To ensure that landscaping is provided and maintained, the following requirements for the installation, maintenance and protection of landscaping areas are required to be met for every proposal submitted under this chapter:

(1)

All plantings shall be maintained in a healthy and attractive condition. Maintenance shall include, but not be limited to, water, fertilizing, weeding, cleaning, pruning, trimming, spraying and cultivating.

(2)

Landscaping structural features such as fencing, planter boxes, etc., shall be maintained in a sound structural and attractive condition.

(3)

Whenever plants are removed or die, they shall be replaced as soon as possible by planting materials that meet the original intent of the approved landscaping design.

(d)

Requirements. Existing mature healthy trees and shrubs shall be preserved wherever possible. A mix of shade trees and evergreen shrubs is encouraged. All new plant material shall meet the American Standard for Nursery Stock. Trees may be spaced irregularly in natural groupings rather than uniformly spaced. Parking lot setback areas landscaped along a street may be located in and shall be incorporated with landscaping in the street rights-of-way. For nonresidential uses, trees shall generally be provided in numbers equal to one tree per 25 lineal feet along a public street and one tree per 50 lineal feet along a side lot line parking setback area.

(Code 1992, § 16-92; Ord. No. 1-1992, § 1)

Any change in use, expansion or increase in intensity of a use shall require review by the planning and zoning commissions and approval by the board of trustees.

(Code 1992, § 16-93; Ord. No. 1-1992, § 1)

(a)

Design and performance criteria for all CMRS telecommunications sites. All CMRS telecommunications sites are subject to a design review process. The review process varies according to the type of facility proposed and the zone district in which the facility is located. Applicants should refer to subsections (d) and (e) of this section to determine the review process applicable to their proposed installation of a CMRS telecommunication site. The purpose of design review for CMRS telecommunications sites is to ensure that the necessary antennae, equipment and equipment shelters are sited in a location and screened in a way that minimizes visual and physical impacts on the surrounding area. The following design criteria and requirements shall apply to all CMRS telecommunication antennae, equipment and equipment shelters:

(1)

All CMRS telecommunication antennae, equipment and equipment shelters shall be designed to be compatible with surrounding buildings and existing or planned uses in the area. This may be accomplished through the use of compatible architectural elements such as color, texture, scale and character.

(2)

Siting and installation of CMRS telecommunications antennae, equipment and equipment shelters shall preserve or enhance the existing character of the topography and vegetation of a site. Existing vegetation, if any, and if suitable with natural features, should be preserved and/or improved to provide screening for the facility. If existing topography of the site does not adequately screen equipment from view, fencing may be required. Fencing should not be used exclusively but instead be supplemented with vegetation. Any security fencing shall be of a design which blends into the character of the existing environment and meet the height limitation for the zone district in which the fencing is located.

(3)

All CMRS antennae and equipment shall be no taller than necessary for the efficient operation of the CMRS antennae and equipment.

(4)

a.

Applicants shall demonstrate that the CMRS telecommunications site is a necessary component of the applicant's overall communication network and communication plan for the community. Such demonstration shall require that the applicant establish at least one of the following criteria:

1.

The site is necessary to provide appropriate signal coverage quality;

2.

The site is made necessary pursuant to the applicant's FCC license; and/or

3.

The site is necessary to handle increased capacity due to caller volume.

b.

In addition, the applicant shall demonstrate:

1.

Existing topography and/or structures in the surrounding area preclude other locations in the same area; and

2.

Technical and engineering factors that require the site to be in the desired location in relation to other existing sites and system constraints such as frequency requirements, availability of electric power and interconnection to telephone land lines and site access.

(5)

All CMRS telecommunication antennae, equipment and equipment shelters shall be sited, designed and screened to minimize the visibility of such equipment from surrounding properties, public streets and neighborhoods.

(6)

The colors of all CMRS telecommunication antennae, equipment and equipment shelters shall minimize the visibility of the facility.

(7)

To minimize the visual and physical impact on the surrounding area caused by freestanding and building-mounted CMRS telecommunications facilities, the town encourages innovative and multiple uses of building and structures for the location of CMRS telecommunication facilities, antenna and equipment.

(b)

Design and performance standards for structure- or building-mounted CMRS telecommunications facilities. All structure- or building-mounted CMRS antennae and equipment shall be designed and constructed to blend with and enhance the architectural characteristics of the accompanying building or structure.

(1)

Panel antennae standards.

a.

Panel antennae shall not protrude horizontally more than two feet from the building wall and shall be painted or treated to match the building or structure to which the panel is attached.

b.

Panel antennae attached to the side of a building shall not exceed the height of the parapet or the roofline, whichever is greater.

c.

Panel antennae mounted on an existing penthouse or existing rooftop-mounted service equipment for the building shall not exceed the height of the penthouse or service equipment to which the antennae are attached.

d.

Panel antennae shall not be mounted in a freestanding, sled or rack-mounted fashion on the top of a building unless:

1.

There exists unscreened service equipment on the roof which will be screened from view along with the panel antennae;

2.

The screening of the antennae and equipment will be architecturally compatible with the building; and

3.

A waiver is obtained from the board of trustees. The construction of artificial penthouses or artificial service equipment on a roof for the purpose of attaching CMRS telecommunication facilities is prohibited.

e.

No panel antenna shall exceed the maximum height limitation for the zone district in which the panel is located.

(2)

Whip antennae standards.

a.

Single whip antennae shall not extend more than 15 feet above the building height.

b.

Where more than one whip antenna is attached to one building, such antennae shall maintain a minimum separation of 15 feet between antenna owned by different CMRS telecommunication providers.

c.

No whip antenna height when taken in conjunction with the building it is attached to shall exceed the maximum height limitation for the zone district in which the antenna is located.

(c)

Design and performance standards for freestanding CMRS telecommunication facilities. All freestanding CMRS telecommunications facilities shall be subject to a site plan review and all other requirements of subsection (e) of this section. The following design and performance standards shall apply to all freestanding CMRS telecommunication facilities:

(1)

The height of any freestanding CMRS communication facility shall conform to the height limit of the zone district in which the facility is located unless a height exception is granted by the board of trustees.

(2)

All freestanding CMRS telecommunications facilities shall meet the landscaping requirements set forth in section 16-92 including screening of such facilities with vegetation. As a condition of approval of any freestanding CMRS telecommunication facility, the town may require the applicant to provide a performance bond or other surety to the town which is adequate to ensure the completion of all planned and required landscaping and screening associated with the approved CMRS telecommunication facility. Where the CMRS telecommunications facility is located on a parcel of land that is leased by the applicant and which is part of a larger parcel of land under single ownership, reasonable landscaping improvements, in accordance with section 16-92, may be required within the larger unleased parcel where such improvements will bring the facility into conformance with the requirements of the ordinance codified in this chapter, mitigate the impacts of the telecommunication facility or enhance the visual qualities and aesthetics of the larger parcel.

(3)

a.

A freestanding CMRS telecommunications facility, as defined by section 16-10, shall not be located closer than 1,000 feet from any other freestanding CMRS telecommunications facility established or proposed by the same or another provider unless a waiver from this requirement is obtained from the board of trustees. Co-location of CMRS telecommunication facilities on the same freestanding facility is therefore strongly encouraged. No facility owner or lessee or employee thereof shall act to exclude or attempt to exclude any other provider from the same location. A service provider or lessee or employee thereof shall cooperate in good faith to achieve co-location of antennae with other providers. Town staff can be used as a resource to facilitate this co-location. Should co-location not be acceptable to existing providers, the service provider wanting to locate on the existing facility shall be required to prove to the satisfaction of the board of trustees that co-location is not feasible.

b.

To obtain a waiver from the requirements of this subsection, the applicant shall demonstrate:

1.

The site is necessary to provide appropriate signal coverage quality;

2.

The site is made necessary pursuant to the applicant's FCC license;

3.

The site is necessary to handle increased capacity due to caller volume;

4.

Existing topography and/or structures in the surrounding area preclude other locations in the same area;

5.

Technical and engineering factors require the site to be in the desired location in relation to other existing sites and system constraints such as frequency requirements, availability of electric power and interconnection to telephone land lines, and site access; and

6.

Screening and design of the freestanding facility will make the site compatible with surrounding land uses.

(4)

All freestanding CMRS telecommunication facilities shall be designed and constructed to permit the facility to accommodate the attachment of at least two CMRS telecommunication providers on the same freestanding facility.

(d)

Design and performance standards for telecommunication equipment shelters. All CMRS telecommunications equipment shelters shall be screened to minimize the visibility of such equipment from surrounding properties, public streets and neighborhoods.

(1)

Equipment shelters associated with structure- or building-mounted CMRS antennae. Shelters associated with roof or building-mounted antennae are encouraged to be located in one of the following areas, which are listed in order of preference from most to least preferred:

a.

Inside the building or structure to which the panel or whip antennae are attached.

b.

Inside an existing equipment penthouse on a roof of a building whenever possible.

c.

Immediately adjacent to the exterior of an existing equipment or elevator penthouse if the shelter can be visually incorporated into the penthouse structure by the use of screening of similar style or color to the penthouse.

d.

If no penthouse exists, consideration may be given to the creation of a penthouse, or a screen which is deemed architecturally compatible with the associated building, that screens both the equipment shelter and the existing service equipment associated with the building, such as heating and air conditioning equipment.

e.

Outside of a penthouse on the roof of a building if a parapet exists that is taller than the CMRS equipment shelter. If the parapet is not taller than the CMRS equipment shelter, consideration will be given to increase the height of the parapet, provided that the building materials used are the same as those existing and if the design of the parapet is approved by the town board and the parapet extension is architecturally compatible with the building.

f.

Painted or treated the same color and located in such a manner that an additional protrusion is not created on the roof.

g.

On the ground and screened according to the design criteria for CMRS telecommunications facilities.

(2)

Equipment shelters associated with freestanding CMRS antennae. CMRS telecommunications equipment shelters associated with freestanding CMRS telecommunications facilities shall:

a.

Either be located in an enclosed building that is architecturally compatible with the surrounding environment; or

b.

Be screened completely with an architecturally compatible wall or fence so the shelter is not visible from adjacent properties, streets or public areas; and in addition, all CMRS telecommunication equipment shelters associated with freestanding CMRS telecommunication facilities shall:

1.

Have enclosed buildings, walls or fencing, the appearance of which is enhanced by vegetation;

2.

Be grouped as closely as technically possible to each other and the freestanding facility;

3.

Cover a surface area not to exceed 450 square feet per provider;

4.

Use designs, materials and colors compatible with structures and vegetation on the same parcel and adjacent parcels; and

5.

Not reduce the parking or landscaped areas below the minimum district requirements for other principal uses on the parcel.

(e)

Approval procedures for all CMRS telecommunications facilities districts. CMRS telecommunication facilities shall be permitted as provided in the following schedule:

¹ Structure- or building-mounted telecommunications facilities are permitted on nonresidential structures within multifamily residential districts and also permitted on multifamily residential buildings, provided that the antenna and equipment are located no closer to a dwelling unit than the distance deemed safe or appropriate by the Federal Communication Commission or other appropriate federal regulatory agency for radio frequency radiation or emissions.

² Any freestanding CMRS telecommunication facility in C, I-1, I-2, A, P, PUD or unzoned land within town boundaries shall be entirely enclosed within an attached architectural element of a building or structure that is compatible in design, color and materials with the adjacent uses to the CMRS telecommunications site.

³ All site plans and conditional use reviews shall meet the requirements set forth in section 16-143 and 16-146.

⁴ For CMRS telecommunication sites proposed within a PUD district, the PUD district shall be reviewed by the board of trustees to determine the appropriate review process based on the underlying zoning classification and proposed or established land uses of the PUD district property.

(f)

Exceptions and requirements for particular uses.

(1)

CMRS telecommunications facilities mounted on church or school buildings or other nonresidential structures located within any residential zone district may be permitted and shall be subject to board of trustees review and approval.

(2)

Public utility transmission facilities, structures and transmission poles may be utilized as a CMRS telecommunication site if:

a.

The utility company has granted approval of the use of the facility, structure or pole;

b.

Where located in a residential zone district, the CMRS telecommunication facility is granted a conditional use pursuant to section 16-146, or where located in a zone district other than residential, the telecommunication facility is granted a conditional use pursuant to section 16-146 and has received board of trustees review and approval; and

c.

Where the CMRS telecommunication facility does not exceed the height of the existing transmission structure or pole by 15 feet.

(3)

In all zone districts in which telecommunications facilities are permitted, freestanding or tower facilities, panels, antennae and equipment shelters which are completely enclosed and contained entirely within a sign or other structure shall meet all requirements of sections 16-143 and 16-146 and shall be subject to board of trustees review and approval, providing that the tower, panel, antennae and shelter are not visible.

(4)

In all zone districts in which CMRS telecommunication facilities are permitted, any proposal to co-locate or otherwise mount new CMRS facilities on an existing freestanding CMRS telecommunication facility shall meet all requirements of this section and sections 16-143 and 16-146 and shall be subject to board of trustees review and approval.

(g)

(1)

Application for approval of CMRS telecommunication facilities. All applications for approval of a CMRS telecommunication facility shall be accompanied by a nonrefundable application fee as established by resolution of the board of trustees. The application must be completed and submitted by the owner of the property upon which the CMRS telecommunication facility is proposed for location or the owner's authorized representative. In addition, where the site for the CMRS telecommunication facility will be leased to a CMRS telecommunication provider, the application must include the provider's consent and approval.

(2)

All CMRS telecommunications facility applications shall comply with the requirements of section 16-143 and all other requirements of the Codes and include such plans, drawings, photographs and specifications as are necessary for the town to determine that the proposed installation is consistent with the standards set forth in the design review and performance standard sections of the ordinance codified herein. Such application shall include, describe or illustrate the dimensions, location and appearance of:

a.

All proposed CMRS telecommunications facilities and associated equipment shelters for the proposed site.

b.

All buildings and/or structures to which the proposed CMRS telecommunications equipment shelter and antenna will be attached.

c.

The proposed methods for minimizing the visibility of the proposed CMRS telecommunication facility, including, but not limited to, all screening, landscaping, cladding materials and paint color or other treatment samples.

d.

Proof of ownership (deed or title documentation) or a letter of authorization from the property owner of the real property on which the CMRS telecommunications facility is proposed to be located.

e.

Evidence acceptable to the board of trustees that the property owner and the CMRS telecommunication provider shall remove, at the property owner's and CMRS telecommunication provider's cost and expense, the CMRS telecommunication facility and all equipment and restore the property to a condition substantially similar to that existing before the installation following abandonment of the facility or nonuse for a period of six months. Such removal shall not, however, include removal of any installed landscaping unless approved by the board of trustees. Such evidence may be in the form of an executed agreement between the telecommunication provider and the property owner which is approved by the board of trustees. Such an agreement shall provide that the agreement may not be terminated without the town's written consent, and the agreement shall be enforceable by the town against the property owner and the CMRS telecommunication provider.

f.

Evidence that the CMRS provider has obtained or secured a performance bond, letter of credit or other surety ("performance guarantee") acceptable to the town attorney in an amount of 120 percent of the estimated cost and expense of removing the CMRS telecommunication facility following abandonment of the facility or nonuse of the facility for a period of six months. All performance guarantees shall authorize the town to obtain the funds secured by the guarantee upon the town's determination that the CMRS telecommunication facility is abandoned or no use of the facility has been made for a period of six months. The amount of such performance guarantee shall be based upon an estimate obtained by the CMRS telecommunication provider which shall be subject to review and approval of the board of trustees. In the event that the board of trustees rejects an estimate as inaccurate, incomplete or incorrect, the board of trustees may obtain, at its cost and expense, an estimate which shall be used for purposes of determining the amount of the performance guarantee. The CMRS telecommunication provider shall take all action necessary to keep such performance guarantee valid and in effect at all times. Expiration of a performance guarantee may, at the option of the town and following notice to the CMRS provider, result in the expiration of the town's approval of the CMRS telecommunication facility.

g.

Proof of insurance to insure adjacent property owners and the public against personal and property damage resulting from negligent installation and/or damages caused by or arising from the operation and maintenance of the CMRS telecommunication site.

(h)

Review procedures and requirements for approval.

(1)

Conditional use review. If a proposed installation requires a conditional use review, the regulations listed in section 16-146 shall be applicable. In addition to these requirements, the proposed installation shall have to meet the performance standards for CMRS telecommunications facilities in this section.

(2)

Site plan. Applications requiring a site plan shall be submitted in conformance with the requirements of section 16-143.

a.

In addition to the appropriate application fee, all CMRS telecommunication facilities are subject to building permit review and other fees established by the town.

b.

All required applications, permits, and plans shall be submitted and approved prior to commencing construction for any CMRS telecommunication facility or equipment.

(i)

Waivers and exceptions. The board of trustees shall have the authority to grant waivers and exceptions which are expressly permitted by the provisions of this section. An applicant requesting a waiver or exception shall submit a written application to the town clerk, and the application shall specify the provision for which the waiver or exception is requested. The town clerk is authorized to promulgate forms and require additional information from the applicant which may be necessary to provide sufficient information to the board of trustees to evaluate the applicant's request for a waiver or exception.

(Code 1992, § 16-94; Ord. No. 1-1998, § 2)

(a)

Purpose. The purposes of this section are to:

(1)

Allow the use of exterior lighting that does not exceed the levels specified in International Engineering Society (IES) recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce.

(2)

Minimize adverse off-site impacts of lighting such as light trespass and obtrusive light.

(3)

Limit light pollution and reduce skyglow.

(4)

Help protect the natural environment from the adverse effects of night lighting from gas and oil extraction activities or electric services.

(5)

Conserve energy and resources to the greatest extent possible.

(6)

Encourage exterior lighting that is functional, aesthetically pleasing, and complimentary to the architectural style of buildings or setting.

(b)

Applicability.

(1)

Generally. This section applies to all exterior lighting within the town. All exterior lighting installed after the effective date of this Land Use Code shall comply with this section.

(2)

Exemptions.

a.

Because of their limited hours of operation and their unique requirements for nighttime visibility, playing fields, tennis courts, and similar outdoor recreational uses (both public and private, unless otherwise restricted by the town) are exempt from the general provisions of this section. However, exterior lighting for those uses is terminated within an hour of the activity's conclusion or as otherwise identified within this Land Use Code.

b.

Full cutoff street lighting as part of a federal, state, or municipal installation.

c.

Holiday lighting before and after the holiday.

d.

Specialized lighting necessary for safety, such as temporary lighting associated with emergency operations, road hazard warnings, etc.

e.

Traffic control signals and devices.

f.

Sensor activated luminaries if:

1.

It is located in a manner that prevents glare and lighting onto properties of others or into the public right-of-way.

2.

The luminaire is set to only go on when activated by motion, and to go off within five minutes after activation has ceased.

3.

The luminaire is not triggered by activity off the property.

g.

Floodlights with external shielding can be deflected up to 25 degrees from a vertical plane as measured through the central axis of the light beam from the luminaire, only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way.

h.

Federally funded and state funded roadway construction projects are exempted from the requirements of this section only to the extent it is necessary to comply with federal and state requirements.

i.

Exterior residential fixtures which consist of lamp types with an output of 800 lumens or less (approximate to a 60-watt incandescent bulb or nine-watt LED) are exempt from these regulations, if the fixture types are compliant with those allowed in this section.

j.

Uplighting for flags, address markers, trees, architectural features, and low-voltage landscape lighting, provided that the luminaire is located, aimed and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and the public street right-of-way. Architectural features may be illuminated by uplighting provided that the light is effectively contained by the structure. In all cases, uplighting must not cause glare or light trespass. Landscape lighting is low voltage (24 volts or less), and is controlled by a photocell and timer set to terminate by 12:00 a.m.

(c)

Standards. All site lighting for non-residential uses shall conform to the standards established below.

(1)

Lighting Levels. Light levels shall follow the standards prescribed in Table 5.02.3-1.

Table 5.02.3-1: Exterior Lighting Levels

(2)

Design standards. The lighting plan shall meet the following design standards:

a.

Prohibited lighting. Site lighting that may be confused with warning, emergency, or traffic signals is prohibited. No flickering or flashing lights shall be permitted, except for temporary decorative seasonal lighting.

b.

Shielding. Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability minimizing up-light, spill-light, glare, and diffusion. Under-canopy fueling areas shall feature flush mount, flat lens light fixtures.

(d)

Lighting plan.

(1)

Generally. A lighting plan indicating location and type of all outdoor light sources and indicating lighting levels achieved at all points on the site is submitted with a site plan application. For projects not requiring director or planning commission review, the lighting plan is submitted at the time of building permit application.

(2)

Required information. Additionally, a lighting plan shall include the following information for review:

a.

Photometric plans indicating the location, type, intensity, and height of luminaries including both building and ground-mounted fixtures, including light levels at the property line;

b.

A description of the luminaries, including specifications for streetlights, parking lot lights, and exterior building lights. The specifications shall include details of the pole, fixture height and design, lamp type, wattage, and spacing of lights lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;

c.

Photometric data, including that furnished by the manufacturer, showing the angle of light emission and the foot-candles on the ground; and

d.

Any additional information required by the town needed to determine compliance with this section.

(Ord. No. 14-2025, § 1, 6-24-2025)