South Town is characterized by larger and deeper lots than other urban areas found in the Town. South Town is primarily residential with a few pockets of preexisting commercial. South Town also includes federally regulated areas of the Holy Cross Ranger District. South Town U.S.F.S. property is in close proximity to town services, has good access and all utilities are available. The intent of the Community Plan is that the South Town Character Area maintain the existing pocket of commercial use along Main Street; however, high impact commercial uses are discouraged. The commercial areas should provide for low-impact commercial services and limited retail businesses that complement each other as to character, mass and scale, while minimizing impacts on nearby residential uses.

(Prior code 16-7-1)

(a)

The neighborhood is bisected by Highway 24 and is characterized by single-family residences and accessory buildings. The residences are typically one (1) and two (2) stories, with outbuildings on larger lots than found in Old Town. Low-density residential and public recreational and open space use along the Eagle River is encouraged. Higher density residential development can be accommodated on the south side of Main Street if it remains in character and all impacts are adequately addressed.

(b)

The purpose of this area is to provide for continued residential use that benefits from proximity along the Eagle River. New development and redevelopment should preserve the unique character and scale of the neighborhood. An objective is to retain the residential areas as quiet and safe neighborhoods while allowing for compatible and appropriate nearby commercial. This area can accommodate reasonable growth where land and services are available.

(Prior code 16-7-2)

(a)

The South Town Commercial Zone is bisected by Main Street or Highway 24 and is characterized by a mix of retail, service businesses and residential areas. The South Town Commercial Zone provides services to both residents and the passing motorist. The commercial development can grow but should not significantly impact the residential areas.

(b)

The purpose of this area is to provide convenient commercial services to residents and motorists while minimizing the impact on nearby residential uses. South Town provides an area for commercial activities that are not easily accommodated in Old Town while maintaining the visual character and scale. An objective is to facilitate small business development and economic vitality with land uses that are compatible and supportive, such as retail, office, services and institutional uses.

(Prior code 16-7-3)

(a)

The South Town Federally Regulated Area has access from Highway 24 and serves as the Martin Creek Trailhead. The site is surrounded by residential uses and utilities are available; however there are no existing improvements on the site.

(b)

The Community Plan identifies this area as a "potential Town Center site." This area could be redeveloped in cooperation with the U.S.F.S. to enhance the residential and recreational character of the Town. It is the intent of the Town to participate in and comment on all federal land use actions in this area.

(Prior code 16-7-4)

The South Town Character Area Map is set forth in Illustration 16-8 below:

Illustration 16-8
South Town Character Area Map

(Prior code 16-7-5; Ord. 15-2008 §1)

The following Table 16-3 sets forth the uses for the South Town Character Area.

TABLE 16-3
South Town Character Area Use Table

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

(Prior code 16-7-6; Ord. 15-2008 §1; Ord. 18, 2008 §1; Ord. 12-2021 §2; Ord. 20-2024 §2; Ord. 8-2025 §2(Exh. A))

(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 building.

(1)

Size: Accessory buildings shall not exceed one thousand two hundred (1,200) square feet.

(2)

Use: Accessory buildings are for the use of the residents of the property.

(3)

Dimensional limitations: Accessory buildings shall only be permitted on lots that conform to the minimum lot standards of the underlying zone district. The building shall be developed so as to conform to all setback, height, 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)

Bed and breakfast.

(1)

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

(2)

Number of units: A bed and breakfast shall be permitted a maximum of two (2) guest units in a Residential Zone District and a maximum of four (4) guest units in a Mixed-Use Zone District. Additional units may be approved through a conditional use permit.

(3)

Parking: A bed and breakfast shall provide one (1) off-street parking space per guest unit. This requirement shall be additional to the parking required for the residential use of the property.

(4)

Ownership: The owner of the bed and breakfast, or on-site manager employed by the owner, shall reside on the premises at all times when the use is in operation.

(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.

(g)

Day care center.

(1)

Licensing: Prior to operation, the day care center shall be required to provide proof that state and/or county licensing and requirements have been satisfied.

(2)

Size: Five (5) or more children shall be permitted; however, the applicant shall demonstrate that the size of the facility is suitable for the number of children permitted.

(3)

Operation: A day care center 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.

(4)

Parking: Minimum requirements shall include one (1) off-street parking space per five hundred (500) square feet of floor area, plus one (1) off-street parking space per employee.

(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.

(h)

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.

(Prior code 16-7-7; Ord. 15-2008 §1; Ord. 01-2015 §2; Ord. 2-2022 §2)

See Article 17, Supplemental Regulations and Standards.

(Prior code 16-7-8)