The Cross Creek Character Area is predominantly undeveloped and serves as the gateway to the Town from the south. The corridor along Highway 24 is characterized by residential use except for a parcel near Cross Creek that is mixed-use. The northwest portion includes a U.S.F.S. compound with residential uses on the western side of Highway 24 and a storage lot on the eastern side. The intent of the Community Plan is to preserve a significant portion of the western and southern areas as open space, which serves as elk winter range, and to encourage appropriate residential development.

(Prior code 16-9-1)

(a)

The Cross Creek Residential Zone is characterized by a mix of mobile homes, cabins and larger homes along a narrow strip of land between Highway 24 and the Eagle River. The area is experiencing residential upgrades and replacement of older mobile homes with new homes.

(b)

The purpose of the Cross Creek Residential Zone is to provide for an area with relatively larger residential lots along the Eagle River. An objective is to continue residential redevelopment at an appropriate scale to minimize impacts to the Eagle River and provide an attractive entrance into Town.

(Prior code 16-9-2)

(a)

The Cross Creek Mixed-Use Zone is characterized by a small area of mixed-use. The site has good access from Highway 24 and is highly visible as one enters Town from the south.

(b)

The purpose of the Cross Creek Mixed-Use Overlay Zone is to provide a variety of complementary and integrated uses such as residential, office, light manufacturing and some retail in a concentrated area. An objective of this area is to provide an attractive entrance statement and economic activity without causing significant impacts on nearby residential and open space uses.

(Prior code 16-9-3)

(a)

This Federally Regulated Area is characterized by distinctive natural features and environmentally sensitive areas along the Eagle River and Cross Creek. There is significant undeveloped open space to the south. This area contains the U.S.F.S compound and important wildlife habitat. These natural areas, including Cross Creek and the Eagle River, provide recreation, open space and educational opportunities to residents and visitors.

(b)

The purpose of this Federally Regulated Area is to enhance recreational opportunities and to preserve the environmentally sensitive and culturally significant areas from intensive development. The existing open space and recreation uses are consistent with the intent of the Community Plan, which is to preserve the existing character of the Cross Creek Character Area. It is the intent of the Town to participate in and comment on all federal land use actions in this area.

(Prior code 16-9-4)

(a)

The Cross Creek Recreation and Open Space Zone is comprised of a single 4.6-acre parcel that was purchased by the Town in 2013 from the United States Forest Service. This undeveloped parcel of land is characterized by a riparian corridor that extends along the northern side of the property and Highway 24 extending along the southern boundary.

(b)

The purpose of the Cross Creek Recreation and Open Space Zone is to provide a variety of low-impact recreational opportunities for area residents while maintaining the property in its natural state. Acceptable uses for this site include river access, picnicking, wildlife viewing, fishing, snowshoeing and other similar uses. A small restroom facility and open-air pavilion can be accommodated on this site.

(Ord. 4, 2013 §2)

The Cross Creek Character Area map is set forth in Illustration 16-10 below.

Illustration 16-10
Cross Creek Character Area Map

(Prior code 16-9-5; Ord. 15-2008 §1)

The following Table 16-5 sets forth the uses for the Cross Creek Character Area:

TABLE 16-5
Cross Creek Character Area Use Table

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

(Ord. 4, 2013 §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)

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.

(c)

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.

(d)

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.

(e)

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 16-9-7; Ord. 15-2008 §1)

See Article 17, Supplemental Regulations and Standards.

(Prior code 16-9-8)