The purpose of this Article is to establish the Character Areas and zones that regulate the type and intensity of land uses within the Town. The Town is hereby divided into the following Character Areas and zones necessary to achieve compatibility and to implement the Community Plan and achieve the purposes of this Article. The following Character Areas and zones are hereby established.

(1)

Meadow Mountain Character Area. Federally Regulated Area.

(2)

Grouse Creek Character Area. Grouse Creek Commercial Zone.

(3)

Old Town Character Area:

a.

Old Town Residential Zone.

b.

Old Town Commercial Zone.

c.

Old Town Mixed-Use Zone.

d.

Old Town Recreation and Open Space.

(4)

South Town Character Areas:

a.

South Town Residential Zone.

b.

South Town Commercial Zone.

c.

South Town Federally Regulated Area.

(5)

Martin Creek Character Area. Martin Creek Residential Estate Zone.

(6)

Cross Creek Character Area.

a.

Cross Creek Residential Zone.

b.

Cross Creek Mixed-Use Zone.

c.

Cross Creek Federally Regulated Area.

(7)

Bolt's Lake, Willow Creek, Rock Creek, and Holy Cross Character Areas. Uses within these character areas shall be as set forth in Sections 16-10-20, 16-10-30 and 16-10.5-70 of this Chapter, as applicable.

(8)

Lionshead Character Area.

a.

Lionshead Recreation and Open Space Zone.

b.

Lionshead Light Industry and Public Facilities Zone.

(9)

Game Creek Character Area.

a.

Game Creek Residential Zone.

b.

Game Creek Planned Unit Development Holding Zone.

(10)

Eagle River Character Area Recreation and Open Space Zone.

(11)

Transportation Character Area. Railroad Right-of-Way/Transportation Zone.

(12)

Maloit Park Character Area. The character and uses within the Maloit Park Character Area shall be as set forth in Article 16-14.5 of this Chapter.

(Prior code 16-3-1; Ord. 12-2008 §1; Ord. 4-2011 §1; Ord. 1-2024 §5.2)

(a)

The location and boundaries of the Character Areas and zones established by this Chapter are shown upon the Character Area and Zone Map of the Town which is incorporated into this Chapter. The Character Area and Zone map, together with all data shown thereon and all amendments thereto, is by reference made part of this Chapter.

(b)

The Character Area and Zone Map shall be identified by the signature of the Mayor and attested by the Town Clerk and shall bear the seal of the Town and the dates of adoption.

(c)

The Character Area and Zone Map shall be located in the office of the Town Clerk and shall be available for inspection.

(d)

Changes to the boundaries of a Character Area or zone area shall be made only upon amendment to this Chapter in accordance with Article 21 herein. All amendments shall be promptly entered on the Character Area and Zone Map with the date and number of the amending ordinance.

(Prior code 16-3-2; Ord. 15-2008 §1)

Except where otherwise indicated, Character Area and zone boundaries shall follow municipal boundaries, section lines, lot lines, right-of-way lines or extensions thereof. Where a Character Area or zone boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimensions, shall be determined by the scale of the Character Area and Zone Map. Where a boundary coincides with a right-of-way line and the said right-of-way line is abandoned, the boundary shall then follow the centerline of the former right-of-way. Land not part of a public, railroad or utility right-of-way and which is not indicated as being in any Character Area or zone shall be considered to be included in the most restrictive adjacent zone even when such zone is separated from the land in question by a public, railroad or utility right-of-way.

(Prior code 16-3-3)

(a)

In the event that a Character Area or zone boundary is disputed, it shall be the responsibility of the Planning Director to determine the intent and actual location of the boundary.

(b)

The Town Council, in accordance with the procedures outlined in Article 21 of this Chapter, shall hear any appeal of the determination of a boundary made by the Planning Director.

(Prior code 16-3-4; Ord. 15-2008 §1)

The use tables for the Character Areas categorize the uses that are applicable to the Town's Character Areas and zones. The use tables utilize the following symbols:

(1)

Use by right. "R" indicates uses that are uses by right. The Planning Director shall verify that development of a use by right complies with all applicable provisions of this Code prior to issuance of a building permit or other Town approvals.

(2)

Limited review uses. "L" indicates uses that are allowed, subject to staff review and approval. The Planning Director shall verify that development of the limited review use complies with all of the standards and requirements of this Code prior to issuance of a building permit or other Town approvals.

(3)

Conditional review uses. "C" indicates uses that are allowed, subject to conditional review approval by the Town Council. The Planning Commission shall make a recommendation and the Town Council shall conduct a public hearing to determine whether the conditional use requested complies with the standards and requirements of this Code.

(4)

Uses not allowed. "N" indicates uses that are not allowed.

(Prior code 16-3-5; Ord. 15-2008 §1)

Uses that are not listed in the Character Area use tables shall be considered to be uses that are not allowed, unless one (1) of the following occurs:

(1)

Code amendment. An amendment to this Chapter is adopted that lists the uses in the table and indicates in which zone district the use is a use by right, allowed by limited review or allowed by conditional review and in which zone district it is not allowed.

(2)

Determination of similar use. The Planning Director determines that the proposed use is sufficiently similar to a use listed in the use table. A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar.

(Prior code 16-3-6; Ord. 15-2008 §1)