No part of the area or width of a lot required for the purpose of complying with the provisions of this Chapter shall be included as part of the area or width required for another lot.

(Ord. No. 3.43, Art. II, § 1.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Cornices, canopies, eaves, fireplaces, wing walls or similar architectural features may extend into a required yard setback not more than three feet.

(b)

Fire escapes may extend into a required yard setback not more than six feet.

(c)

Open, unenclosed, uncovered porches at ground level may extend into a required front or rear yard setback not more than six feet. All side yard requirements must be met.

(d)

Open, unenclosed, uncovered patios, decks and porches greater than four feet above ground level shall not extend into a required setback more than three feet.

(e)

The side yard along the street side of a reverse corner lot shall be not less than the front yard requirements for the district in which the lot is located.

(Ord. No. 3.43, Art. II, § 1.2, 6-3-1987; Ord. No. 3.80, § 1, 3-21-2002; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas, utility poles and necessary mechanical appurtenances usually carried above the roof level. However, the height of antennas used for noncommercial purposes, such as ham radio, television or citizen bands, shall be no greater than the distance to the nearest property line.

(b)

It is unlawful to construct, build, establish or continue to maintain any building, tree, smoke stack, chimney, flag pole, wires, tower or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing and takeoff of aircraft at a publicly used airport under the regulation of the appropriate United States Civil Aeronautics Authority.

(c)

All dwellings and structures shall be constructed in accordance with all applicable Town regulations.

(d)

Underground housing may be allowed subject to meeting all applicable Town regulations and site plan approval. No underground construction shall be allowed to encroach within designated easements or required setbacks from adjoining property lines without Town approval.

(Ord. No. 3.43, Art. II, § 1.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

Minimum living areas within residential zoning districts shall be as follows:

(1)

In single-family districts, 800 square feet.

(2)

In multiple-family districts, 450 square feet.

(Ord. No. 3.43, Art. II, § 1.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

All roof-mounted equipment shall be properly screened. Solar collectors and heaters are exempted.

(Ord. No. 3.43, Art. II, § 1.5, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted in all districts:

(1)

Public parks or playgrounds.

(2)

Railroad rights-of-way existing on June 17, 1987.

(3)

Household pets, as defined in Section 16-1-60 of this Chapter.

(4)

Temporary building office or yard for construction (not to exceed 12 months).

(5)

Caretaker or guest house.

(6)

Aboveground or underground distribution and transmission lines for public utilities.

(7)

Public water facilities, including storage, wastewater treatment facilities and related facilities.

(8)

Fire stations.

(Ord. No. 3.43, Art. II, § 1.6, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

Uses permitted by special review in all districts shall be uses by governmental entities, including the Town, for governmental purposes, provided that:

(1)

The application for a special review use is made by the owner of the property or, if made by the owner of an easement of the property, the underlying landowner has consented in writing to the application; and

(2)

The Town Council determines that the proposed use will not significantly adversely impact the value of adjacent property.

(Ord. No. 3.109, § 1, 11-6-2014; Ord. No. 3.118, § 1, 7-21-2016)

As a result of the election held April 8, 2014, marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores are prohibited in all zone districts within the Town.

In addition, travel centers/truck stops are prohibited in all zone districts within the Town.

(Ord. No. 3.106, § 1, 2-3-2011; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 3.117, § 1, 6-16-2016; Ord. No. 2024-05, § 2, 4-4-2024)

The A - Agricultural District is established for the purpose of restricting the use of land to the keeping of livestock, limited residential uses and agricultural uses. In promoting the general purposes of this Chapter, the intent of this Division is to:

(1)

Acknowledge and allow the continuance of existing rural property conditions in the immediate and surrounding areas;

(2)

Acknowledge the need for and provision for municipal services to such property without encouraging any increase in the intensity of urbanization of the land;

(3)

Encourage the development and continued use of the existing and/or surrounding residential and agricultural uses without inducing undue hazards to public health or safety;

(4)

Prohibit industrial and other intensive commercial uses and prohibit uses which would substantially interfere with the continuation of the uses presently existing in or near the property in question; and

(5)

Maintain and protect agricultural land from depreciating effects of hazardous, objectionable and incompatible land uses.

(Ord. No. 3.43, Art. II, § 2.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the A - Agricultural District:

(1)

Single-family residences.

(2)

Churches and church facilities.

(3)

Agricultural uses, including plant and tree nurseries, the raising of field, row and tree crops, the growing of fish and the grazing of livestock and horses, but not including the following: fur-bearing animals raised for pelts, hog ranches, commercial feed lots, agricultural processing industries, commercial poultry farms or farms for the disposal of garbage or other waste.

(4)

Stables, riding academies, horse training and breeding.

(5)

Animal hospital, kennels and pet animal boarding or raising.

(6)

Home occupations.

(7)

Accessory uses and buildings.

(8)

Park, playground or other public recreation areas or facilities.

(9)

Accessory dwelling units.

(10)

Other uses determined by the Town Council to be similar in character and impact to those uses specifically listed under the A - Agricultural District when consideration is given to:

a.

Traffic and parking needs associated with the use;

b.

Vibrations generated;

c.

Volume or sound generated;

d.

Emissions of heat, glare, radiation and fumes;

e.

Smoke or air and water pollution;

f.

Outdoor storage; and

g.

Waste disposal.

(Ord. No. 3.43, Art. II, § 2.2, 6-3-1987; Ord. No. 3.55, § 1, 1-12-1994; Ord. No. 3.103, 6-3-2010; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2024-04, § 3, 4-4-2024)

The following uses are permitted by special review in the A - Agricultural District:

(1)

Schools, public and private.

(2)

Commercial agricultural recreational uses.

(3)

Child care facilities.

(4)

Group homes.

(5)

Cemeteries.

(6)

Commercial feed yards.

(7)

Commercial poultry farms, hog farms or fur farms.

(8)

Mining quarries, sand and gravel operations, oil drilling operations and similar extractive land uses.

(9)

One mobile home for the use of the owner, caretaker or lessee.

(10)

Nondomestic exotic animals.

(11)

Communications and transmitting facilities, including, but not limited to, radio, television and telephone.

(12)

Wind energy conversion systems.

(Ord. No. 3.43, Art. II, § 2.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following are the minimum area and yard setback requirements for the A - Agricultural District:

(1)

Minimum lot area (square feet): 435,600.

(2)

Minimum lot width (in feet at front setback): 400.

(3)

Minimum proportion of lot in unobstructed open space: 50 percent.

(4)

Minimum setbacks (in feet):

a.

Front: 100.

b.

Side:

1.

Principal use or building: 100.

2.

Accessory use or building: 50.

c.

Rear:

1.

Principal use or building: 100.

2.

Accessory use or building: 50.

(5)

Building height (maximum): 35.

(Ord. No. 3.43, Art. II, § 2.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The E - Estate District is established for the purpose of large lot, low-density residential use. The specific intent of this Division is to:

(1)

Acknowledge and allow the continuance of existing rural property conditions in the immediate and surrounding areas;

(2)

Acknowledge the need for and provision for municipal services to such property without encouraging any increase in the intensity of urbanization of the land;

(3)

Encourage the development and continued use of the existing and/or surrounding residential and agricultural uses without inducing undue hazards to public health or safety; and

(4)

Prohibit industrial and other intensive commercial uses and prohibit uses which would substantially interfere with the continuation of the uses presently existing in or near the property in question.

(Ord. No. 3.43, Art. II, § 3.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the E - Estate District:

(1)

Single-family residences.

(2)

Churches and church facilities.

(3)

Home occupations.

(4)

Accessory uses and buildings.

(5)

Accessory dwelling units.

(Ord. No. 3.43, Art. II, § 3.2, 6-3-1987; Ord. No. 3.103, 6-3-2010; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2024-04, § 4, 4-4-2024)

The following uses are permitted by special review in the E - Estate District:

(1)

Boarding houses.

(2)

Group homes.

(3)

Hospitals, nursing homes, convalescent homes and other extended care facilities.

(4)

Private recreational uses, operated for the benefit of members only and not for monetary gain.

(5)

Group homes.

(Ord. No. 3.43, Art. II, § 3.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following are the minimum area and yard setback requirements for the E - Estate District:

(1)

Minimum lot size (in square feet): 43,560.

(2)

Minimum lot width (in feet): 150.

(3)

Minimum setbacks (in feet):

a.

Front: 35.

b.

Side (principal or accessory use): 25.

c.

Rear (principal or accessory use): 25.

(4)

Building height (maximum in feet):

a.

Principal use: 35.

b.

Accessory use: 20.

(Ord. No. 3.43, Art. II, § 3.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

It is the intent of the R-1 - Low Density Residential District to:

(1)

Allow and acknowledge the continuance of existing residential uses;

(2)

Acknowledge the need for and provide for municipal services to such property without encouraging any increase in the intensity of use of land in the district;

(3)

Encourage the development and continued use of existing and/or surrounding residential uses without inducing undue hazards to public health or safety; and

(4)

Prohibit industrial commercial uses and prohibit uses which would substantially interfere with the residential uses.

(Ord. No. 3.43, Art. II, § 4.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the R-1 - Low Density Residential District:

(1)

Single-family residences.

(2)

Churches and church facilities.

(3)

Home occupations.

(4)

Accessory buildings and uses.

(5)

Accessory dwelling units.

(Ord. No. 3.43, Art. II, § 4.2, 6-3-1987; Ord. No. 3.103, 6-3-2010; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2024-04, § 5, 4-4-2024)

The following uses are permitted by special review in the R-1 - Low Density Residential District:

(1)

Child care facilities.

(2)

Schools, public and private.

(3)

Group homes.

(Ord. No. 3.43, Art. II, § 4.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following are the minimum area and yard setback requirements for the R-1 - Low Density Residential District:

(1)

Minimum lot size (in square feet): 9,000.

(2)

Minimum lot width (in feet): 75.

(3)

Minimum setbacks (in feet):

a.

Front: 25.

b.

Side:

1.

Principal use: ten.

2.

Accessory use: ten.

c.

Rear:

1.

Principal use: 25.

2.

Accessory use: ten.

(4)

Building height (maximum in feet).

a.

Principal buildings: 35.

b.

Accessory building: 20.

(Ord. No. 3.43, Art. II, § 4.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

It is the intent of the R-2 - High Density Residential District to:

(1)

Allow and acknowledge the continuance of existing residential uses;

(2)

Acknowledge the need for and provide for municipal services to such property without encouraging any increase in the intensity of use of land in the district;

(3)

Encourage the development and continued use of existing and/or surrounding residential uses without inducing undue hazards to public health or safety; and

(4)

Prohibit industrial and commercial uses and prohibit uses which would substantially interfere with residential uses.

(Ord. No. 3.43, Art. II, § 5.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

Any uses permitted by right in the R-1 - Low Density Residential District shall be permitted by right in the R-2 - High Density Residential District.

(Ord. No. 3.43, Art. II, § 5.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

Any uses permitted by special review in the R-1 - Low Density Residential District shall be permitted by special review in the R-2 - High Density Residential District.

(Ord. No. 3.43, Art. II, § 5.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following are the minimum area and yard setback requirements for the R-2 - High Density Residential District:

(1)

Minimum lot size (in square feet): 6,000.

(2)

Minimum lot width (in feet): 50.

(3)

Minimum setbacks (in feet):

a.

Front: 25.

b.

Side:

1.

Principal use: ten.

2.

Accessory use: ten.

c.

Rear:

1.

Principal use: 20.

2.

Accessory use: ten.

(4)

Building height (maximum in feet):

a.

Principal buildings: 35.

b.

Accessory building: 20.

(Ord. No. 3.43, Art. II, § 5.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The R-3 - Multi-Family Residential District is established for the purpose of permitting single- and multi-family dwellings. The specific intent of this Division is to:

(1)

Acknowledge the need for and provide for municipal services to such property without encouraging any increase in the intensity of the use of land in the district;

(2)

Encourage development and continued use of surrounding residential uses without inducing undue hazard to public health or safety; and

(3)

Prohibit industrial and commercial uses and prohibit uses which would substantially interfere with the residential uses.

(Ord. No. 3.43, Art. II, § 6.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the R-3 - Multi-Family Residential District:

(1)

Multiple-family dwellings.

(2)

Any uses permitted by right in the R-1 - Low Density Residential District or the R-2 - High Density Residential District.

(Ord. No. 3.43, Art. II, § 6.2, 6-3-1987; Ord. No. 3.81, § 1, 3-21-2002; Ord. No. 3.118, § 1, 7-21-2016)

Any uses by special review permitted in the R-1 - Low Density Residential District or the R-2 - High Density Residential District shall be permitted by special review in the R-3 - Multi-Family Residential District consisting of more than five units.

(Ord. No. 3.43, Art. II, § 6.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 1, 7-22-2021)

(a)

Maximum dwelling units per gross acre: 5.

(b)

Minimum lot size: 7,000.

(c)

Minimum lot width (in feet): 60.

(d)

Minimum setbacks (in feet):

(1)

Front: 25.

(2)

Side:

a.

Principal use: ten.

b.

Accessory use: ten.

(3)

Rear:

a.

Principal use: 20.

b.

Accessory use: ten.

(e)

Building height (maximum in feet):

(1)

Principal buildings: 35.

(2)

Accessory building: 20.

(Ord. No. 3.43, Art. II, § 6.4, 6-3-1987; Ord. No. 3.81, § 2, 3-21-2002; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 2, 7-22-2021)

The B - Business District is established for the purpose of promoting retail and personal services to the general public. The uses permitted within this District are those that will provide the maximum amount of service to the general public without creating an adverse impact or undue traffic hazards or congestion. The specific intent of this Division is to:

(1)

Encourage the development of and the continued use of the land for retail, service, public and private offices, and associated business and commercial uses that can be aggregated at low commercial densities without inducing undue hazards to public health and safety;

(2)

Encourage the development and continued use of multiple uses within one structure without inducing undue hazards to public health or safety and with construction of the structure in accordance with the Town building codes;

(3)

Provide for the orderly expansion and development of such uses within the Business District;

(4)

Prohibit heavier commercial and industrial use of the land and prohibit uses which would substantially interfere with the continuation of the uses presently in the District that would be permitted as new uses, or with the orderly growth of the District to meet the needs of increased population in the market area;

(5)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this Division; and

(6)

Permit a concentrated intensive development of the permitted uses while maintaining an adequate relationship between the intensity of land uses and the capacity of supporting utilities, transportation networks and open space.

(Ord. No. 3.43, Art. II, § 7.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the B - Business District:

(1)

Antique shops.

(2)

Bakery stores.

(3)

Banks (not including drive-in).

(4)

Barbershops and beauty shops.

(5)

Bicycle shops.

(6)

Book stores.

(7)

Camera and photo supply stores.

(8)

Churches. Limitation: All church buildings and church facilities shall be located not less than 20 feet from the abutting lot line and 25 feet from the street line.

(9)

Cleaning shops, involving perchlorethylene package methods only or collection and distribution only.

(10)

Clothing stores.

(11)

Clubs or lodges, private and operated for the benefit of the members and not for gain.

(12)

Reserved.

(13)

Dairy products stores.

(14)

Drugstores.

(15)

Dry goods stores.

(16)

Egg and poultry stores.

(17)

Floral shops.

(18)

Reserved.

(19)

Fruit stores.

(20)

Furniture stores.

(21)

Garden supply stores.

(22)

Gift, novelty or souvenir stores.

(23)

Grocery stores.

(24)

Hardware stores.

(25)

Hearing-aid stores.

(26)

Hobby supply stores.

(27)

Reserved.

(28)

Reserved.

(29)

Jewelry stores.

(30)

Laboratories, dental, medical and/or optical.

(31)

Laundries, package only for collection and distribution only.

(32)

Library or reading rooms.

(33)

Reserved.

(34)

Locksmiths.

(35)

Meat, fish and seafood stores.

(36)

Medical service centers, clinics or medical office buildings, including accessory uses such as laboratories, X-ray facilities, pharmacies limited to the compounding and dispersing of drugs and medicines. All such accessory uses shall be within the principal structure and shall have no external effects or evidence except for permitted signs.

(37)

Reserved.

(38)

Museums.

(39)

Music and phonograph record stores.

(40)

Newsstands.

(41)

Notions stores.

(42)

Offices.

(43)

Opticians.

(44)

Paint and wallpaper stores.

(45)

Pet stores.

(46)

Post offices.

(47)

Restaurants (not including drive-in type).

(48)

Savings and loan associations.

(49)

Shoe repair stores.

(50)

Shoe stores.

(51)

Single-family residences with or without ADUs as set forth in Section 16-20-30.

(52)

Sporting goods stores.

(53)

Stationery stores.

(54)

Studios for professional work or teaching.

(55)

Tobacco stores.

(56)

Tourist homes.

(57)

Toy stores.

(58)

Variety stores selling only items which may be sold by any other primary permitted use in the District.

(59)

Vegetable stores.

(60)

Veterinary clinics and hospitals, provided that all animals are confined in an enclosed building which is part of the principal structure.

(61)

Accessory uses and buildings.

(62)

Other uses determined by the Town Council to be similar in character and impact to those uses specifically listed under the B - Business District when consideration is given to:

a.

Traffic and parking needs associated with the use;

b.

Vibrations generated;

c.

Volume of sound generated;

d.

Emissions of heat, glare, radiation and fumes;

e.

Smoke, air and water pollution;

f.

Outdoor storage; and

g.

Waste disposal.

(Ord. No. 3.43, Art. II, § 7.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 3, 7-22-2021; Ord. No. 2022-10, § 1, 4-21-2022; Ord. No. 2024-04, § 6, 4-4-2024)

The following uses are permitted by special review in the B - Business District:

(1)

Automobile service stations with gasoline pumps.

(2)

Banks with drive-in facilities.

(3)

Convenience stores with gasoline pumps.

(4)

Restaurants and other eating establishments with drive-in facilities.

(5)

Theaters - indoor.

(6)

Commercial parking garages or lots.

(7)

Food locker plants.

(8)

Hospitals.

(9)

Hotels.

(10)

Liquor stores, package sales.

(11)

Motels.

(Ord. No. 3.43, Art. II, § 7.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 4, 7-22-2021; Ord. No. 2022-10, § 2, 4-21-2022)

The following are the lot requirements for the B - Business District:

(1)

Minimum lot size (in square feet): none.

(2)

Maximum building coverage: 35 percent.

(3)

Maximum height of buildings or structures (feet): 50.

(4)

Setbacks (feet):

a.

Front yard: 20.

b.

Rear yard: 25.

c.

Side yard adjoining uses allowed in an Industrial or Commercial District: ten.

d.

Side yard adjoining uses zoned Agricultural or Residential: 50.

(5)

Minimum lot width (feet): 75.

(Ord. No. 3.43, Art. II, § 7.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The C - Commercial District is established for the purpose of permitting retail and service, commercial, office, amusements and associated commercial and business uses within the Town. It is the specific intent of this District to:

(1)

Encourage the development, redevelopment and continued use of land for permitted uses within the District;

(2)

Encourage the development, redevelopment and continued use of multiple permitted uses within one structure, at high densities, without inducing undue hazards to public health and safety, and promote development in accordance with the provisions of this Code and all relevant Town ordinances;

(3)

Permit the intensive integrated development of permitted uses within the policies and guidelines of the adopted comprehensive plan, while maintaining an adequate relationship between the intensity of such development and the capacities of supporting utilities, of transportation networks and open spaces; and

(4)

Prohibit all industrial uses and certain commercial uses which tend to detract from or interfere with the permitted uses within the District.

(Ord. No. 3.43, Art. II, § 8.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the C - Commercial District:

(1)

Any use by right permitted in the B - Business District.

(2)

Reserved.

(3)

Reserved.

(4)

Reserved.

(5)

Bakeries, wholesale and retail.

(6)

Banks, savings and loans and other financial institutions with or without drive-in facilities.

(7)

Bars and cocktail lounges.

(8)

Reserved.

(9)

Reserved.

(10)

Reserved.

(11)

Civic, charitable, political, fraternal and social organizations.

(12)

Cleaning shops.

(13)

Clinics, medical and dental.

(14)

Convenience stores with or without gasoline pumps.

(15)

Reserved.

(16)

Reserved.

(17)

Reserved.

(18)

Greenhouses and plant nurseries.

(19)

Health clubs or athletic clubs.

(20)

Libraries and museums.

(21)

Reserved.

(22)

Reserved.

(23)

Offices, including business, professional, medical and governmental.

(24)

Office supplies and equipment sales and service.

(25)

Reserved.

(26)

Reserved.

(27)

Reserved.

(28)

Printing, blueprinting, lithographing and publishing.

(29)

Radio and television station offices.

(30)

Restaurants, with or without drive-in facilities.

(31)

Schools, private and public.

(32)

Reserved.

(33)

Specialty food stores, including but not limited to bakeries, confectioners and delicatessens in which food may be prepared for consumption or retail sale on the premises, but not including the slaughtering of poultry or animals.

(34)

Specialty retail stores, including but not limited to gifts, novelties, hobbies, luggage and leather goods, tobacconists and may include fabrication of articles only for retail sales on the premises.

(35)

Specialty service establishments, including but not limited to dressmaking, tailoring, gunsmithing, locksmithing and like services.

(36)

Reserved.

(37)

Reserved.

(38)

Reserved.

(39)

Upholstery supply and repair stores.

(40)

Reserved.

(41)

Veterinary clinics and hospitals, provided that all animals are confined in an enclosed building which is part of the principal structure.

(42)

Accessory uses and buildings.

(43)

Other uses determined by the Town Council to be similar in character and impact to those uses specifically under the C - Commercial District when consideration is given to:

a.

Traffic and parking needs associated with the use;

b.

Vibrations generated;

c.

Volume of sound generated;

d.

Emissions of heat, glare, radiation and fumes;

e.

Smoke, air and water pollution;

f.

Outdoor storage; and

g.

Waste disposal.

(Ord. No. 3.43, Art. II, § 8.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 5, 7-22-2021)

The following uses are permitted by special review in the C - Commercial District:

(1)

Any use by special review permitted in the B - Business District.

(2)

Car washes, automatic or coin-operated.

(3)

Commercial storage areas.

(4)

Dairy processing and distribution.

(5)

Laundries and dry cleaning plants.

(6)

Major facilities of a public utility.

(7)

Reserved.

(8)

Retail firewood sales.

(9)

Reserved.

(10)

Amusement and general recreational facilities.

(11)

Appliance sales.

(12)

Automotive service stations with gasoline pumps.

(13)

Department stores.

(14)

Duplicating services.

(15)

Food lockers, fresh and frozen.

(16)

Mini-warehouses with no storage of dangerous or flammable materials and no selling of merchandise and other tangible goods or services from any unit.

(17)

Motor vehicle and motorized equipment service and repairs.

(18)

Office warehouses with no storage of dangerous or flammable materials.

(19)

Parking lots and structures, including public and commercial.

(20)

Photographic equipment, including sales and service.

(21)

Radio and television station offices.

(22)

Shopping centers.

(23)

Theaters.

(24)

Tire supply and repair stores.

(25)

Transit passenger terminals, including public and private carriers.

(26)

Variety stores.

(27)

Accessory uses and buildings.

(Ord. No. 3.43, Art. II, § 8.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 6, 7-22-2021)

The following are the area and yard setback requirements for principal and accessory buildings and uses in the C - Commercial District:

(1)

Minimum lot size (in square feet): (none).

(2)

Maximum building coverage: 35 percent.

(3)

Maximum height of buildings or structures (feet): 50.

(4)

Setbacks (feet):

a.

Front yard: 25.

b.

Rear yard: 20.

c.

Side yard adjoining uses allowed in a Business, Industrial or Commercial District: ten.

d.

Side yard adjoining uses zoned Agricultural or Residential: 60.

(5)

Minimum lot width (feet): 100.

(Ord. No. 3.43, Art. II, § 8.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The I - Industrial District is established to permit manufacturing and related support uses. The uses permitted within this District are those which will supply the maximum goods to the general public without creating an adverse impact or undue traffic hazards and congestion to adjacent districts. The specific intent is to:

(1)

Encourage the development and a continued use of the land for industrial uses without inducing undue hazards to public health and safety;

(2)

Provide for the orderly expansion and development of such uses within the Industrial District; and

(3)

Permit a concentrated intensive development of the permitted uses while maintaining an adequate relationship between the intensity of land uses and the capacity of supporting utilities, transportation and open space.

(Ord. No. 3.43, Art. II, § 9.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

All permitted uses in the I - Industrial District, except the storage of raw materials or finished products and the parking of operative motor vehicles, shall be conducted entirely within an enclosed structure.

(b)

Dust, fumes, odors, refuse matters, smoke, vapor, noise and vibration shall be confined to the lot upon which use is located.

(c)

All outdoor storage areas will be concealed from view by solid wood fencing at least six feet in height.

(Ord. No. 3.43, Art. II, § 9.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the I - Industrial District:

(1)

All uses permitted by right in the C - Commercial District.

(2)

All uses permitted by right in the B - Business District.

(3)

Fire stations.

(4)

Licensed natural medicine business pursuant to the Colorado Natural Medicine Code, C.R.S. § 44-50-101 et seq., subject to the limitations of Chapter 6 Article 4 of the Larkspur Municipal Code.

(Ord. No. 3.43, Art. II, § 9.3, 6-3-1987; Ord. No. 3.47, § 1, 12-16-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 7, 7-22-2021; Ord. No. 2024-12, § 1, 12-19-2024)

The following uses are permitted by special review in the I - Industrial District:

(1)

Chemical storage, transfer and disposal facilities.

(2)

Concrete, asphalt and mortar batching plants.

(3)

Junk, scrap metal and auto wrecking yards.

(4)

Major facilities of a public utility.

(5)

Radio, television and telephone transmitting stations.

(6)

Wind energy conversion systems.

(7)

Facilities for processing, disposal, storage and/or transfer of trash, refuse or waste.

(8)

Assembling.

(9)

Distribution centers.

(10)

Food and beverage processing.

(11)

Manufacturing.

(12)

Mini-warehouses limited to the rental of fully enclosed storage units for storage of household goods, furniture or similar items, recreational, lawn and garden equipment, including motorized equipment and vehicles and other private vehicles, including passenger cars, light pickup or panel trucks not exceeding three-quarter-ton capacity, and antique automobiles or light trucks; provided that such equipment and vehicles must have all flammable liquids and gases removed.

(13)

Offices.

(14)

Processing, repair, rental and servicing of any commodity which is permitted to be manufactured, fabricated, processed, warehoused or sold in the district.

(15)

Restaurants.

(16)

Retail sales of any commodities manufactured, processed, fabricated or warehoused on the premises.

(17)

Scientific research.

(18)

Wholesale or storage of any commodity except live animals, commercial explosives or junk.

(19)

Accessory uses and buildings.

(20)

Other uses determined by the Town Council to be similar in character and impact to those specifically listed within the district when given consideration to:

a.

Traffic and parking needs associated with the use;

b.

Vibrations generated;

c.

Volume of sound generated;

d.

Emissions of heat, glare, radiation and fumes;

e.

Smoke, air and water pollution;

f.

Outdoor storage; and

g.

Waste disposal.

(Ord. No. 3.43, Art. II, § 9.4, 6-3-1987; Ord. No. 3.47, § 2, 12-16-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 8, 7-22-2021)

The following are the area and yard setback requirements for principal and accessory buildings and uses in the I - Industrial District:

(1)

Minimum lot size (in square feet): 43,560.

(2)

Maximum building coverage: 40 percent.

(3)

Maximum height of buildings or structures (feet): 50.

(4)

Minimum setbacks for principal and accessory uses (feet):

a.

Front yard: 50.

b.

Side and rear yard adjoining uses allowed in an Industrial District: none.

c.

Side and rear yard adjoining uses allowed in a Business or Commercial District: 50.

d.

Side and rear yard adjoining uses zoned Agricultural or Residential: 100.

(5)

Minimum lot width: 100 feet.

(Ord. No. 3.43, Art. II, § 9.5, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

It is the intent of the OS - Open Space District to reserve lands from intensive development and allow the use of land for parks, trails and other recreational educational and open space purposes.

(Ord. No. 3.102, § 1, 1-8-2010; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by right in the OS - Open Space District:

(1)

Active or passive recreational areas or facilities, both public and private, open or covered, including but not limited to parks, trails, golf courses, ballfields, ball courts, playfields and playgrounds, docks, recreational centers and passive recreational and open space areas, but excluding motorized recreational uses.

(2)

Equestrian centers and riding stables if the major structures are located at least 50 feet away from any abutting commercial or residential lot line.

(3)

Transit and parking lots and facilities.

(4)

Other uses not listed above that are deemed similar by the Town Council.

(Ord. No. 3.102, § 1, 1-8-2010; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted as accessory uses by right in the OS - Open Space District:

(1)

Uses that are customarily incidental to any of the uses permitted by right and are located on the same lot or on an immediately adjacent lot.

(2)

Accessory buildings and uses customarily incidental to permitted agricultural uses, including barns, sheds, corrals and similar uses.

(3)

Retail sale of plants, trees or other farm or agricultural products grown, produced or made on the premises.

(4)

Parking for a principal use.

(5)

Other uses not listed above that are deemed similar by the Town Council.

(Ord. No. 3.102, § 1, 1-8-2010; Ord. No. 3.118, § 1, 7-21-2016)

The following uses are permitted by special review in the OS - Open Space District:

(1)

Any use within public parks, recreation areas and open spaces which involves assembly of more than 200 persons.

(2)

Public and private schools, colleges and places of worship.

(3)

Public buildings and civic facilities.

(4)

Major utility facilities.

(5)

Motorized recreational uses.

(6)

Other uses not listed above that are deemed similar by the Town Council.

(Ord. No. 3.102, § 1, 1-8-2010; Ord. No. 3.118, § 1, 7-21-2016)