The Game Creek Character Area is visually prominent from the north entryway into the Town. The area is predominantly devoted to railroad use and will require a comprehensive planning effort prior to redevelopment. In addition to the rail yard, the area contains the Taylor Avenue neighborhood, some commercial uses and a community parking lot. The area is bisected by the railroad right-of-way, which is intended to remain as a continuous transportation corridor. Most of the area lacks adequate street rights-of-way and utilities. The Community Plan has identified this area as an appropriate area for extension of the Old Town commercial core, mixed-use and residential development; however, high impact industrial uses are discouraged. Enhancement of the Eagle River corridor is a community priority.

(Prior code 16-12-1)

(a)

The Taylor Avenue neighborhood is characterized by a traditional lot-and-block layout with single-family residences. The residences are typically one (1) and two (2) stories, without buildings and good views to the west. The existing residential neighborhood overlooks the rail yard or the Game Creek PUD Holding Zone.

(b)

The purpose of this area is to provide for continued residential use and redevelopment that preserve the small town residential character and scale of the neighborhood. An objective is to retain the residential areas as a quiet and safe neighborhood while allowing for accessory apartments and limited home-based occupation to encourage permanent residency.

(Prior code 16-12-2)

(a)

This area is currently owned by the Union Pacific Railroad; however, trains are no longer utilizing the corridor or the rail yard. The historic industrial zoning is no longer appropriate due to the probable abandonment of the rail line and potential conflict with future commercial and residential development. Redevelopment of this area will have a significant impact on the future character and size of the Town.

(b)

It is an objective of the Town to plan and redevelop the rail yard as a master planned development that is compatible with the existing Town character. Future development and land use decisions for this area need to incorporate community input and involve an open public process. The PUD Holding Zone and the PUD review process will provide for the flexibility, innovation and public input necessary to achieve the goals and objectives of the Community Plan and this Chapter. This area has been identified in the Community Plan as an area suitable for expansion of Old Town and as a "potential Town Center" site. Development in this area needs to incorporate appropriate residential and low-impact land uses along Taylor Avenue to minimize impacts to the existing neighborhood. The rail corridor should be maintained and improved access to and across the Eagle River should be incorporated into proposed development plans.

(c)

PUD or special review required: Planned Unit Development master development plan for the PUD Holding Zone is the preferred review process for future development of the Game Creek Holding Zone. If circumstances arise that do not provide for the submittal of a PUD master development plan for the entire Game Creek PUD Holding Zone, the owners may apply to the Town for a Planned Unit Development on a portion of the property or may apply for a special review use permit for consideration of a temporary use.

(Prior code 16-12-3)

The Game Creek Character Area map is set forth in Illustration 16-12 below.

Illustration 16-12
Game Creek Character Area Map

(Prior code 16-12-4; Ord. 15-2008 §1)

The following Table 16-7 sets forth the uses for the Game Creek Character Area:

TABLE 16-7
Game Creek Character Area Use Table

* Historic property is exempt from the two-year ownership requirement.

(Prior code 16-12-5; Ord. 15-2008 §1; Ord. 18, 2008 §1; Ord. 20-2024 §2)

(a)

The Planning Director shall approve the limited use based upon the submittal and review of the following material. The use shall be approved upon finding that the limited use:

(1)

Is not in conflict with applicable health, sanitation, safety or access regulations;

(2)

Is allowed by limited review in the subject zone district; and

(3)

Can be operated so that it is compatible with adjacent uses and negative impact to adjacent properties has been minimized.

(b)

Accessory apartment.

(1)

Use: A maximum of one (1) accessory apartment shall be permitted in conjunction with, and in addition to, the principal use of the lot or parcel.

(2)

Size: The accessory apartment shall not exceed seven hundred fifty (750) square feet of floor area. The floor area associated with the accessory apartment shall be counted toward the maximum floor area permitted on the lot.

(3)

Location: The accessory apartment may be located within or attached to the structure containing the primary function, or it may be detached from the structure if it is located within or above an accessory building.

(4)

Parking: One (1) on-site parking space, in addition to that number required for the primary use, shall be provided for the accessory apartment.

(5)

Ownership: The accessory apartment shall not be subdivided or sold from the primary unit on the parcel.

(6)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the uses on the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(7)

Dimensional limitations: Accessory apartments shall only be permitted on lots that conform to the minimum lot standards of the underlying zone district. The unit shall be developed so as to conform to all setback, height, building lot coverage, floor area and other dimensional limitations of the underlying zone district.

(c)

Accessory dwelling.

(1)

Size: The accessory dwelling shall not exceed one thousand two hundred (1,200) square feet of floor area. The floor area associated with the accessory dwelling shall be counted toward the maximum floor area permitted on the lot.

(2)

Location: The accessory dwelling may be located within or attached to the structure containing the primary function, or it may be detached from the structure if it is located within or above an accessory building.

(3)

Parking: Two (2) on-site parking spaces, in addition to that number required for the primary use, shall be provided for the accessory dwelling unit.

(4)

Ownership: The accessory dwelling unit shall not be subdivided or sold from the primary unit on the parcel.

(5)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the uses on the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(6)

Dimensional limitations: Accessory dwelling units shall only be permitted on lots that conform to the minimum lot standards of the underlying zone district. The unit shall be developed so as to conform to all setback, height, building lot coverage, floor area and other dimensional limitations of the underlying zone district.

(d)

Home occupation.

(1)

Use: The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change the basic residential character of the parcel.

(2)

Nuisance: A home occupation shall not produce noise, electrical or magnetic interference, vibration, heat, glare, odors, fumes, smoke or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises.

(3)

Signs: Signs and other outdoor structures that advertise the home occupation shall be limited to two (2) square feet. Illumination of the structure housing the home occupation shall be limited to that which is customary for the residential use of the property.

(4)

Location: All activities associated with the home occupation shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building.

(5)

Sales: Incidental sales of supplies or products associated with the home occupation shall be permitted on the premises. A home occupation whose primary activity is retail sales shall be prohibited, except if the function of the home occupation is catalogue sales.

(6)

A home occupation may not serve patrons on the premises, except in an incidental manner and on an appointment basis.

(7)

Employees: A home occupation shall be conducted only by persons residing on the premises.

(8)

Parking: No additional parking requirement shall apply to a home occupation.

(9)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the uses on the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(e)

Home business.

(1)

Use: The use of a dwelling for a home business shall be clearly incidental and subordinate to its use for residential purposes and shall not change the basic residential character of the parcel.

(2)

Nuisance: A home business shall not produce noise, electrical or magnetic interference, vibration, heat, glare, odors, fumes, smoke or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises.

(3)

Signs: Signs and other outdoor structures that advertise the home business shall be limited to two (2) square feet. Illumination of the structure housing the home business shall be limited to that which is customary for the residential use of the property.

(4)

Location: All activities associated with the home business shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building.

(5)

Sales: Incidental sales of supplies or products associated with the home business shall be permitted on the premises. A home business whose primary activity is retail sales shall be prohibited, except if the function of the home business is catalogue sales.

(6)

A home business may serve patrons on the premises, provided that all other standards of this Section are met.

(7)

Employees: The home business shall be conducted by persons residing on the premises. A home business may have up to two (2) employees who reside off the premises.

(8)

Parking: A home business shall provide one (1) off-street parking space per employee and one (1) off-street parking space for patrons of the business.

(9)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the uses on the property. Proof shall be provided that adequate solid waste storage and removal are in place

(f)

Flea market.

(1)

Size: A flea market seeking approval for limited use review shall not exceed five thousand (5,000) square feet.

(2)

Location: The applicant shall demonstrate safe access to the site.

(3)

Parking: The applicant shall demonstrate that the parking provided is adequate to serve both the vendors and clientele of the market.

(4)

Operation: A flea market shall not produce noise, electrical or magnetic interference, vibration, heat, glare, odors, fumes, smoke or dust and shall not operate at such hours or in such a manner as to create a public nuisance or disturb neighbors.

(5)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(g)

Roadside stand.

(1)

Size: A roadside stand seeking approval for limited use review shall not exceed five hundred (500) square feet.

(2)

Location: The applicant shall demonstrate safe access to the site.

(3)

Parking: The applicant shall demonstrate that the parking provided is adequate to serve both the vendor and clientele of the roadside stand.

(4)

Operation: A roadside stand shall not produce noise, electrical or magnetic interference, vibration, heat, glare, odors, fumes, smoke or dust and shall not operate at such hours or in such a manner as to create a public nuisance or disturb neighbors.

(5)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(Prior code 16-12-6; Ord. 15-2008 §1; Ord. 01-2015 §2)

See Article 17, Supplemental Regulations and Standards.

(Prior code 16-12-7)