Mount Crested Butte
City Zoning Code
City Zoning Code
ARTICLE III
District Regulations
21-76 Districts established.
For the purpose of this chapter, the town is hereby divided into zoning districts as follows:
"SFR" Single-Family Residential District;
"LDMF" Low Density Multiple-Family District;
"HDMF" High Density Multiple-Family District;
"BD" Business District;
"CD" Commercial District;
"PUFD" Public Uses and Facilities District;
"PUD" Planned Unit Development District;
"ROS" Recreational and Open Space District.
(Ord. No. 12-07, § 1, 1-15-13)
21-77 Official Zoning Map-Incorporated by reference.
The town is hereby divided into zoning districts as set forth on the Official Zoning Map of the town, which is made a part of this chapter and incorporated in this chapter by reference. The Official Zoning Map shall be filed in the office of the town clerk.
(Ord. No. 12-07, § 1, 1-15-13)
21-78 Official Zoning Map-Changes, amendments, etc.
The Official Zoning Map shall be changed, amended or modified only in accordance with this chapter. Any such change adopted by the town council shall be entered upon the Official Zoning Map promptly thereafter, together with a notation as to the date of the change, a brief description as to the nature of the change, and the ordinance number.
(Ord. No. 12-07, § 1, 1-15-13)
21-79 Official Zoning Map-Replacement.
If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret or reproduce because of the nature or number of changes and additions, the town council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map and may add or revise street locations, lot designations or other like designations, but no such correction or addition shall have the effect of amending the zoning chapter or revising the boundaries of districts shown on the prior Official Zoning Map.
(Ord. No. 12-07, § 1, 1-15-13)
21-80 Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map the following rules shall apply:
(a)
Boundaries indicated as approximately following the center line of streets or roads shall be construed to follow such center line;
(b)
Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines;
(c)
Boundaries indicated as approximately following the town limits shall be construed as following the town limits;
(d)
Boundaries indicated as parallel to or extensions of center lines, lot lines, town limits or similar geographic lines shall be so construed;
(Ord. No. 12-07, § 1, 1-15-13)
21-81 Applicability.
The regulations prescribed by this article applicable to various districts and uses shall be minimum regulations and shall apply uniformly to each class or kind of land, structure or use except temporary structure(s) and/or use as defined in this chapter. The planning commission may consider whichever regulations of the zoning district that the temporary structure and/or use is proposed to be in that they deem applicable to temporary structure(s) and/or use applications in consideration of design review for temporary structure and/or use. Except as hereinafter provided, the use of any land, the size or shape or placement of lots, the construction or location of structures, the provision of yards and other open spaces, and the provision of off-street parking and loading space shall be in compliance with all of the regulations specified in this article.
(Ord. No. 12-07, § 1, 1-15-13)
21-82 Zone district summary chart.
SFR | LDMF | HDMF | BD | CD | PUFD | ROS | PUD | |
|---|---|---|---|---|---|---|---|---|
Min. lot area | 12,500 square feet | 12,500 square feet | 10,000 square feet | 3,500 square feet | * | 10,000 square feet | 12,500 square feet | |
Min. frontage | 30 feet | 30 feet | 30 feet* | 30 feet | * | 30 feet | 30 feet | |
Min. setbacks | ||||||||
Front | 20 feet | 20 feet | 20 feet | 15 feet | 10 feet | 10 feet** | 20 feet | |
Side | 15 feet* | 15 feet* | 20 feet* | 15 feet* | 10 feet* | 15 feet** | 15 feet | |
Rear | 25 feet* | 25 feet* | 20 feet* | 15 feet* | 10 feet* | 15 feet** | 15 feet | |
Max. height* | 30 feet | 35 feet | 45 feet | 55 feet | 35 feet | 45 feet | 30 feet | |
GRFA* | 0.25:1* | 0.30:1 | 0.60:1 | 1.5:1* | NA | NA | 0.30:1 | |
Min. square feet | 1,000 | |||||||
CRFA | NA | NA | NA | 1:1*; 18% min. | * | 1:1* | NA | |
Max. density | 1 dwelling unit per lot * | 1 dwelling unit per 3,000 square feet | 1 dwelling unit per 875 square feet | 1 dwelling unit per 875 square feet | NA | No more than 50% residential | * | |
Min. distance between buildings on same lot | NA | 15 feet | 10 feet | 10 feet | 15 feet | 10 feet | 15 feet | |
Min. open space | NA | 50% | 50% | 30%* | 25% | 25% | 90% | |
Min. useable open space | 150 square feet min. per dwelling unit; 100 square feet min. per accommodation unit* | Min. of 30% of the total lot area | NA | NA | NA | NA |
Notes: | |
|---|---|
* | See Divisions for additional regulations and exceptions. |
** | Accessory facilities shall be located a minimum 25 feet from all property lines that abut the Single-Family Residential District or the Low Density Multiple-Family District. |
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 2, 4-16-19; Ord. No. 22-1, § 4, 3-1-22)
21-83 Additional height allowance for sloped roofs.
Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule:
Vertical Rise per Twelve Feet Horizontal | Permitted Additional Height |
|---|---|
2 feet | 1 foot |
4 feet | 2 feet |
5 feet | 3 feet |
6 feet | 4 feet |
7 feet | 5 feet |
8 feet | 6 feet |
9 feet | 7 feet |
10 feet | 8 feet |
11 feet | 9 feet |
12 feet | 10 feet |
13 feet or greater | 12 feet maximum |
(Ord. No. 19-3, § 2, 4-16-19)
21-84 Temporary office trailers.
The following regulations shall be applicable in any district:
(a)
Trailers may be used as temporary offices for construction firms for a period not to exceed two years. Such trailers shall be removed as soon as they are no longer required for the project. No such trailer will be left at one site to provide office space or storage for another site. No person or persons may live in trailers used as temporary offices for construction firms.
(b)
The location of such a trailer shall first be approved by the zoning administrator and such location shall be reviewable by the town manager, taking into account pedestrian and traffic flow and the aesthetics of the community.
(Ord. No. 19-3, § 2, 4-16-19)
21-85 Utility installations.
In all zoning districts, all utility installations for new buildings or new structures shall be placed underground.
(Ord. No. 19-3, § 2, 4-16-19)
21-86 Sight distance triangle.
In all zoning districts, in order to minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district, no fence, retaining walls, landscaping or structure over three feet in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of 30 feet along each lot line.
(Ord. No. 19-3, § 2, 4-16-19)
21-87 Height of screens-Fencing materials.
(a)
Fences, hedges, walls (excluding retaining walls), and landscaping screens, where not restricted by covenant or other legal instrument, shall not exceed six feet in height on any other portion of a site. Higher fences, hedges, walls or landscaping screens may be authorized by the planning commission where necessary to screen utilities.
(b)
No barbed wire, electrically charged wire, cyclone, chain link or similar type fencing shall be erected or maintained, except as required by governmental entities. Fencing necessary for tennis courts and other recreational activities are exempted, but the fence must be constructed of materials normally used for such tennis courts or other recreational activities.
(Ord. No. 19-3, § 2, 4-16-19)
21-96 Purpose.
The Single-Family Residential District is intended to provide a district for single-family residential uses, together with such other public and/or community facilities and accessory uses as may be appropriate to the district. The Single-Family Residential District is intended to ensure adequate light, air, privacy and open space for each dwelling unit commensurate with single-family occupancy and to maintain the desirable residential qualities of such lots by establishing appropriate lot development standards.
(Ord. No. 12-07, § 1, 1-15-13)
21-97 Permitted uses.
The following uses shall be permitted in the Single-Family Residential District:
(a)
Single-family dwelling;
(b)
Private garages and storage facilities as accessory buildings to the principal permitted use;
(c)
One accessory dwelling unit or one efficiency unit, attached to the single-family dwelling or to the private garage;
(d)
Bus stops;
(e)
Temporary structures used for a period of 30 consecutive days or less.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-8, § 2, 12-2-14)
21-98 Conditional uses.
The following conditional uses shall be permitted in the Single-Family Residential District, subject to the conditional use provisions of this chapter:
(a)
Public utilities;
(b)
Public buildings;
(c)
Public parks and recreational areas;
(d)
Ski lifts, tows and ski runs or accessways;
(e)
Schools;
(f)
Religious facilities;
(g)
Bed and breakfast lodging establishments;
(h)
Temporary structures used for a period of more than 30 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13)
21-99 Accessory uses.
The following accessory uses shall be permitted in the Single-Family Residential District:
(a)
Private greenhouses, storage facilities, playhouses, garages or carports, swimming pools, patios, dog runs, or recreation facilities customarily incidental to single-family dwellings;
(b)
Home occupations and studios, subject to issuance of a home occupation permit in accordance with Article VII in this chapter;
(c)
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof;
(d)
Clothesline located, to the greatest extent possible, on the rear or a side of the dwelling away from the public right-of-way; and
(e)
Patio and deck furniture which is intended and manufactured for outdoor use.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 3, 4-16-19)
21-100 Lot area and frontage.
In the Single-Family Residential District, the minimum lot area shall be 12,500 square feet and each lot shall have a minimum frontage of 30 feet.
(Ord. No. 12-07, § 1, 1-15-13)
21-101 Setbacks.
(a)
In the Single-Family Residential District, the minimum front setback shall be 20 feet, the minimum side setback shall be 15 feet, and the minimum rear setback shall be 25 feet, or 15 feet if one side setback is at least 25 feet.
(b)
Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features, sills, belt courses, cornices and similar features, and flues and chimneys may project no more than 1/4 the distance into the required setback.
(c)
Balconies, Decks, and Stairways or Fire Escapes. Above ground balconies, decks, stairways, fire escapes, terraces, porches, decks, steps and other similar exterior features may project no more than one-half (½) the distance into the required setback but shall not be allowed to encroach into any easement areas.
(d)
Application and interpretation of lot lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an extension of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom.
(e)
Accessory Uses. All accessory uses and structures except fences, hedges, walls and landscaping or ground level site development such as walks, driveways and terraces shall conform to the required minimum setback lines on each site.
(f)
Recreational Amenities. Recreational amenities may be exempted from minimum setback requirements by the planning commission or zoning administrator, if they determine that their location is not environmentally and/or aesthetically detrimental.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 3, 4-16-19)
21-101.1 Distance between buildings.
In the Single-Family Residential District, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings.
(Ord. No. 12-07, § 1, 1-15-13)
21-102 Building height.
(a)
The maximum height of a building in the Single-Family Residential District shall be 30 feet. Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule in section 21-83. This table shall apply to gable, hip or shed roofs, but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of two feet vertical to 12 feet horizontal or greater.
(b)
Architectural Projections Above Height Limit. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than 15% of the height limit.
(c)
Application and Interpretation of Height Limits. Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of structure having the appearance of separate, identifiable structures shall be made by the zoning administrator.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 3, 4-16-19)
21-103 Density.
In the Single-Family Residential District, not more than one single-family dwelling, and either one efficiency unit or one accessory dwelling unit attached to the single-family dwelling or to the private garage shall be permitted on each lot.
(Ord. No. 12-07, § 1, 1-15-13)
21-103.1 Building square footage.
(a)
Maximum GRFA. Combining all buildings on the lot, not more than 25 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of lot area, not to exceed 8,500 square feet of GRFA, whichever is less.
(b)
Lots Less than 12,500 Square Feet. For lots or a site of 12,500 square feet or less in size, a private garage shall be allowed in addition to the GRFA figure above, but in no case shall the combination of the dwelling, efficiency unit or attached accessory dwelling unit and garage exceed 3,125 square feet.
(c)
Minimum GRFA. The minimum gross residential floor area for any single-family dwelling shall be 1,200 square feet.
(d)
Maximum Accessory Dwelling Unit GRFA. An accessory dwelling unit shall have a gross residential floor area not more than 1/3 of the total gross residential floor area, but not to exceed 1,200 feet of GRFA, not including garage space. The planning commission may allow additional square footage for accessory dwelling units built as community housing units in compliance with Chapter 22 of this Code.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 3, 4-16-19; Ord. No. 22-1, § 4, 3-1-22)
21-104 Landscaping and lot development.
Each lot in the Single-Family Residential District shall be landscaped pursuant to the requirements of section 21-305. In the Single-Family Residential District it is encouraged that landscaping be concentrated around structures and that existing native landscaping be retained wherever possible.
(Ord. No. 12-07, § 1, 1-15-13)
21-105 Parking.
(a)
Off-street parking in the Single-Family Residential District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(b)
Licensed recreational vehicles, including, but not limited to, motor-homes, campers, trailers, utility trailers, horse trailers, boats, and other such recreational forms of transportation may be parked only in private drives and in an orderly fashion. Such vehicles shall be kept in a reasonably mobile state, and shall be properly registered. Under no circumstances can these vehicles be used for permanent habitation or rental property. These vehicles may be occupied temporarily, not to exceed seven consecutive days per month.
(c)
Parking of heavy construction equipment is not allowed.
(Ord. No. 12-07, § 1, 1-15-13)
21-106 Exterior storage.
Applicants for approval of all new structures are encouraged to provide either a garage or a storage facility.
(a)
Exterior storage shall be limited to those items that are clearly incidental to residential functions and uses of the property, and shall specifically exclude any commercial or industrially related storage. All items to be stored outdoors shall be maintained in a neat and orderly fashion, located as near as feasible to the main structures on the property, preferably on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(b)
Recreational vehicles and equipment, other than those enumerated in section 21-105, shall be stored in a neat and orderly fashion in the driveway, or as near as feasible to the main structures on the property, on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(Ord. No. 12-07, § 1, 1-15-13)
21-107 Lighting.
Lighting in the Single-Family Residential District shall be in accordance with the requirements of section 21-876, Residential lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13)
21-121 Purpose.
The Low Density Multiple-Family District is intended to provide lots for single-family, two-family, micro-units, and multiple-family dwellings together with such public facilities as may appropriately be located in the same district. The Low Density Multiple-Family District is intended to ensure adequate light, air, privacy and open space for each dwelling and to maintain the desirable residential qualities of the district by establishing appropriate site development standards.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 22-1, § 4, 3-1-22)
21-122 Permitted uses.
The following uses shall be permitted in the Low Density Multiple-Family District:
(a)
One or more single-family dwelling(s);
(b)
Two-family dwellings;
(c)
Micro-units;
(d)
Multiple-family dwellings;
(e)
Bus stops;
(f)
Temporary structures used for a period of 30 consecutive days or less;
(g)
Accessory Dwelling Unit. An ADU shall only be permitted if there is only a total of one single-family dwelling on the LDMF parcel. One accessory dwelling unit or one efficiency unit shall be permitted, attached to the single-family dwelling or to the private garage or stand-alone only for micro-units.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-8, § 3, 12-2-14; Ord. No. 22-1, § 4, 3-1-22)
21-123 Conditional uses.
The following conditional uses shall be permitted in the Low Density Multiple-Family District, subject to the conditional use provisions of this chapter:
(a)
Public utilities;
(b)
Public buildings;
(c)
Public parks and recreational areas;
(d)
Ski lifts, tows and ski runs or accessways;
(e)
Bed and breakfast lodging establishments;
(f)
Schools;
(g)
Religious facilities;
(h)
Temporary structures used for a period of more than 30 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13)
21-124 Accessory uses.
The following accessory uses shall be permitted in the Low Density Multiple-Family District:
(a)
Private greenhouses, storage facilities, playhouses, garages or carports, swimming pools, patios, dog runs, or recreation facilities customarily incidental to permitted dwellings;
(b)
Home occupations and studios, subject to issuance of a home occupation permit in accordance with Article VII in this chapter;
(c)
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof;
(d)
Clotheslines located, to the greatest extent possible, on the rear or a side of the dwelling away from the public right-of-way; and
(e)
Patio and deck furniture which is intended and manufactured for outdoor use.
(Ord. No. 12-07, § 1, 1-15-13 ; Ord. No. 19-3, § 4, 4-16-19)
21-125 Lot area and frontage.
The minimum lot area in the Low Density Multiple-Family District shall be 12,500 square feet and each lot shall have a minimum frontage of 30 feet.
(Ord. No. 12-07, § 1, 1-15-13)
21-126 Setbacks.
(a)
The minimum front setback in the Low Density Multiple-Family District shall be 20 feet, the minimum side setback shall be 15 feet, and the minimum rear setback shall be 25 feet, or 15 feet if one side setback is at least 25 feet.
(b)
Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features, sills, belt courses, cornices and similar features, and flues and chimneys may project no more than 1/4 the distance into the required setback.
(c)
Balconies, Decks, and Stairways or Fire Escapes. Above ground balconies, decks, stairways, fire escapes, terraces, porches, decks, steps and other similar exterior features may project no more than one-half (½) the distance into the required setback but shall not be allowed to encroach into any easement areas.
(d)
Application and Interpretation of Lot Lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an exten-sion of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom.
(e)
Accessory Uses. All accessory uses and structures except fences, hedges, walls and landscaping or ground level site development such as walks, driveways and terraces shall conform to the required minimum setback lines on each site.
(f)
Recreational Amenities. Recreational amenities may be exempted from minimum setback requirements by the planning commission or zoning administrator, if they determine that their location is not environmentally and/or aesthetically detrimental.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 4, 4-16-19)
21-127 Distance between buildings.
In the Low Density Multiple-Family District, the minimum distance between buildings on the same lot shall be 15 feet. In all cases, however, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings within the property boundaries.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 4, 4-16-19)
21-128 Building height.
(a)
The maximum height of buildings in the Low Density Multiple-Family District shall be 35 feet. Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule in section 21-83. This table shall apply to gable, hip or shed roofs, but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of two feet vertical to 12 feet horizontal or greater.
(b)
Architectural Projections Above Height Limit. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than 15% of the height limit.
(c)
Application and Interpretation of Height Limits. Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of structure having the appearance of separate, identifiable structures shall be made by the zoning administrator.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 4, 4-16-19)
21-129 Density.
In the Low Density Multiple-Family District, not more than one dwelling unit shall be permitted for each 3,000 square feet of lot area.
(Ord. No. 12-07, § 1, 1-15-13)
21-129.1 Building square footage.
(a)
Maximum GRFA. In the Low Density Multiple-Family District, not more than 30 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of lot area. For single-family dwellings, the dwellings shall not exceed 8,500 square feet of GRFA, whichever is less.
(b)
Maximum Accessory Dwelling Unit GRFA. An ADU shall have a gross residential floor area no more than 1/3 of the total gross residential floor area, not to exceed 1,200 feet of GRFA, not including garage space. The planning commission may allow additional square footage for accessory dwelling units built as community housing units in compliance with Chapter 22 of this Code.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 4, 4-16-19; Ord. No. 22-1, § 4, 3-1-22)
21-130 Building walls.
In the Low Density Multiple-Family District, the maximum length of any wall or building face shall be 125 feet. Building walls shall be offset to a depth of at least five feet at least once for each 50 feet of wall length.
(Ord. No. 12-07, § 1, 1-15-13)
21-131 Open space.
In the Low Density Multiple-Family District, a minimum of 50% of the total lot area shall be open space.
(Ord. No. 12-07, § 1, 1-15-13)
21-132 Landscaping and lot development.
Landscaping in the Low Density Multiple-Family District shall be provided pursuant to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13)
21-133 Parking.
(a)
Off-street parking in the Low Density Multiple-Family District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(b)
Licensed recreational vehicles may be parked only in private drives or parking areas and in an orderly fashion. Such vehicles shall be kept in a reasonably mobile state, and shall be properly registered. Under no circumstances can these vehicles be used for permanent habitation or rental property. These vehicles may be occupied temporarily, not to exceed seven consecutive days per month.
(c)
Parking of heavy construction equipment is not allowed.
(Ord. No. 12-07, § 1, 1-15-13)
21-134 Exterior storage.
Applicants for approval of all new structures are encouraged to provide either a garage or a storage facility.
(a)
Exterior storage shall be limited to those items that are clearly incidental to residential functions and uses of the property, and shall specifically exclude any commercial or industrially related storage. All exterior types of storage shall be in a neat and orderly fashion, located as near as feasible to the main structures on the property, preferably on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(b)
Recreational vehicles and equipment, other than those enumerated in section 21-133(b), shall be stored in a neat and orderly fashion in the driveway or parking area, or as near as feasible to the main structures on the property, on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(Ord. No. 12-07, § 1, 1-15-13)
21-135 Lighting.
Lighting in the Low Density Multiple-Family District shall be in accordance with the requirements of section 21-876, Residential lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13)
21-146 Purpose.
The High Density Multiple-Family District is intended to provide lots for multiple-family dwellings and micro-units at densities ranging from 12 to 50 dwelling units per acre, together with such public and semi-public facilities, limited professional offices and medical facilities and lodges, private recreation facilities and related visitor-oriented uses as may appropriately be located in the same district. The High Density Multiple-Family District is intended to ensure adequate light, air, open space and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate lot development standards. Certain nonresidential uses are permitted as conditional uses which relate to the nature of the town as a winter and summer recreational and vacation community, and where permitted are intended to blend harmoniously with the residential character of the district.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 22-1, § 4, 3-1-22)
21-147 Permitted uses.
The following uses shall be permitted in the High Density Multiple-Family District:
(a)
Multiple-family dwellings;
(b)
Micro-units;
(c)
Lodges, which may include accessory eating, drinking, recreational or retail establishments located within the principal use and not occupying more than 15% of the total gross floor area of the main structure or structures on the site. Additional accessory dining areas may be located on an outdoor deck, porch or terrace;
(d)
Bus stops;
(e)
Temporary structures used for a period of 30 consecutive days or less.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 22-1, § 4, 3-1-22)
21-148 Conditional uses.
The following conditional uses shall be permitted in the High Density Multiple-Family District, subject to the conditional use provisions of this chapter:
(a)
Public utilities;
(b)
Public buildings;
(c)
Public parks and recreational areas;
(d)
Ski lifts, tows and ski runs or accessways;
(e)
Hospitals, clinics and medical centers;
(f)
Medical and dental offices;
(g)
Private clubs and civic, cultural and fraternal organizations;
(h)
Public or commercial parking facilities or structures;
(i)
Public transportation terminals;
(j)
Schools;
(k)
Religious facilities;
(l)
Public eating and drinking establishments, accessory to the lodge use, which do not occupy more than 5,000 square feet of aggregate floor area;
(m)
Antennas of wireless telecommunication services;
(n)
Temporary structures used for a period of more than 30 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13)
21-149 Accessory uses.
The following accessory uses shall be permitted in the High Density Multiple-Family District:
(a)
Private greenhouses, storage facilities, playhouses, garages or carports, swimming pools, patios, dog runs, or recreation facilities customarily incidental to permitted dwelling and lodge uses;
(b)
Home occupations and studios, subject to issuance of a home occupation permit in accordance with Article VII in this chapter;
(c)
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof;
(d)
Patio and deck furniture which is intended and manufactured for outdoor use.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 5, 4-16-19)
21-150 Lot area and frontage.
In the High Density Multiple-Family District, the minimum lot area shall be 10,000 square feet, and each lot shall have a minimum frontage of 30 feet.
(Ord. No. 12-07, § 1, 1-15-13)
21-151 Setbacks.
(a)
In the High Density Multiple-Family District, the minimum front setback shall be 20 feet, the minimum side setback shall be 20 feet and the minimum rear setback shall be 20 feet.
(b)
Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features, sills, belt courses, cornices and similar features, and flues and chimneys may project no more than 1/4 the distance into the required setback.
(c)
Balconies, Decks, and Stairways or Fire Escapes. Above ground balconies, decks, stairways, fire escapes, terraces, porches, decks, steps and other similar exterior features may project no more than one-half (½) the distance into the required setback but shall not be allowed to encroach into any easement areas.
(d)
Application and Interpretation of Lot Lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an exten-sion of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom.
(e)
Accessory Uses. All accessory uses and structures except fences, hedges, walls and landscaping or ground level site development such as walks, driveways and terraces shall conform to the required minimum setback lines on each site.
(f)
Recreational Amenities. Recreational amenities may be exempted from minimum setback requirements by the planning commission or zoning administrator, if they determine that their location is not environmentally and/or aesthetically detrimental.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 5, 4-16-19)
21-152 Distances between buildings.
In the High Density Multiple-Family District, the minimum distance between buildings on the same lot shall be 10 feet. In all cases, however, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings within the property boundaries.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 5, 4-16-19)
21-153 Building height.
(a)
The maximum height of buildings in the High Density Multiple-Family District shall be 45 feet. Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule in Section 21-83. This table shall apply to gable, hip or shed roofs, but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of two feet vertical to 12 feet horizontal or greater.
(b)
Architectural Projections Above Height Limit. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than 15% of the height limit.
(c)
Application and Interpretation of Height Limits. Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of structure having the appearance of separate, identifiable structures shall be made by the zoning administrator.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 5, 4-16-19)
21-154 Density.
In the High Density Multiple-Family District, not more than one dwelling unit shall be permitted for each 875 square feet of lot area.
(Ord. No. 12-07, § 1, 1-15-13)
21-154.1 Building square footage.
Not more than 60 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area in the High Density Multiple-Family District.
(Ord. No. 12-07, § 1, 1-15-13)
21-155 Building walls.
In the High Density Multiple-Family District, the maximum length of any wall or building face shall be 200 feet and building walls shall be offset to a depth of at least five feet at least once for each 70 feet of wall length.
(Ord. No. 12-07, § 1, 1-15-13)
21-156 Open space.
In the High Density Multiple-Family District, a minimum of 50% of the total lot area shall be open space.
(Ord. No. 12-07, § 1, 1-15-13)
21-157 Useable open space.
(a)
In the High Density Multiple-Family District, useable open space for multiple-family dwellings and lodges shall be required as follows:
(1)
For dwelling units, a minimum of one square foot of useable open space shall be provided for each four feet of gross residential floor area, but not less than 150 square feet of useable open space per dwelling unit;
(2)
For lodge accommodation units, a minimum of one square foot of useable open space shall be provided for each four feet of gross residential floor area, but not less than 100 square feet of useable open space per lodge accommodation unit.
(b)
Useable open space may be common space accessible to more than one dwelling or accommodation unit, or may be private space accessible to separate dwellings or accommodation units or a combination thereof. At least 50% of the required useable open space shall be provided at ground level. At least 50% of the required ground level open space shall be common space. The minimum dimension of any area qualifying as ground level open space shall be 10 feet. Not more than 50% of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non-ground level open space shall be five feet, and any such area shall contain at least 30 square feet.
(Ord. No. 12-07, § 1, 1-15-13)
21-158 Landscaping and lot development.
Landscaping in the High Density Multiple-Family District shall be provided pursuant to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13)
21-159 Parking and loading.
(a)
Off-street parking and loading in the High Density Multiple-Family District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(b)
Licensed recreational vehicles may be parked only in private drives or parking areas and in an orderly fashion. Such vehicles shall be kept in a reasonably mobile state, and shall be properly registered. Under no circumstances can these vehicles be used for permanent habitation or rental property. These vehicles may be occupied temporarily, not to exceed seven consecutive days per month.
(c)
Parking of heavy construction equipment is not allowed.
(Ord. No. 12-07, § 1, 1-15-13)
21-160 Exterior storage.
Applicants for approval of all new structures are encouraged to provide either a garage or a storage facility.
(a)
Exterior storage shall be limited to those items that are clearly incidental to permitted functions and uses of the property and shall specifically exclude any commercial or industrially related storage. All items to be stored outdoors shall be maintained in a neat and orderly fashion, located as near as feasible to the main structures on the property, if possible on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(b)
Recreational vehicles and equipment, other than those enumerated in section 21-133(b), shall be stored in a neat and orderly fashion in the driveway or parking area, or as near as feasible to the main structures on the property, on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(Ord. No. 12-07, § 1, 1-15-13)
21-161 Lighting.
Lighting in the High Density Multiple-Family District shall be in accordance with the requirements of section 21-876, Residential lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13)
21-162 Service areas.
The town hereby finds that it is in the public interest to provide service areas in the High Density Multiple-Family District. Use of service areas shall be limited to property management, commercial and domestic cleaners. Service areas limited to property management, commercial and domestic cleaners shall not be included in the building square footage limitation.
(Ord. No. 12-07, § 1, 1-15-13)
21-196 Purpose.
The Business District is intended to be the most densely developed area, developed with commercial and retail uses, multiple-family dwellings on the second level and higher, accommodation units, public and semi-public uses, recreational facilities and related visitor-oriented uses as may be appropriate. The Business District is pedestrian-focused, and is intended to include walkways that concentrate pedestrian traffic past commercial and retail space, facilitate pedestrian movement through the Business District, and channel pedestrian traffic away from automobile and other vehicular traffic. The Business District is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses.
(Ord. No. 12-07, § 1, 1-15-13)
21-197 Permitted uses.
The following uses shall be permitted in the Business District:
(a)
Retail stores and establishments;
(b)
Recreational equipment rental and service;
(c)
Professional offices;
(d)
Medical and dental clinics;
(e)
Business offices;
(f)
Banks and financial institutions;
(g)
Restaurant and lounge establishments;
(h)
Personal service establishments;
(i)
Studios;
(j)
Multiple-family dwellings on the second or higher level;
(k)
Lodges;
(l)
Theatres, meeting rooms and convention facilities or structures;
(m)
Ski lifts, tows and ski runs or accessways;
(n)
Parks, recreation areas and facilities;
(o)
Bus stops;
(p)
Temporary structures used for a period of 30 consecutive days or less;
(q)
Retail marijuana or medical marijuana business eligible for licensing pursuant to Article 6, Chapter 11 of the Code.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 25-14, 10/7/2025)
21-198 Conditional uses.
The following uses shall be permitted in the Business District, subject to the conditional use provisions of this chapter:
(a)
Public utilities;
(b)
Public buildings;
(c)
Hospitals;
(d)
Private clubs and civic, cultural and fraternal organizations;
(e)
Public or commercial parking facilities or structures;
(f)
Public transportation terminals;
(g)
Schools;
(h)
Religious facilities;
(i)
Automobile service station facility;
Gasoline service stations shall be subject to the following requirements:
(1)
All fuel storage tanks shall meet all EPA requirements and shall be completely buried beneath the surface of the ground.
(2)
All gasoline pumps, lubrication or similar devices, and other service facilities shall be located at least 20 feet from any street right-of-way line.
(3)
All servicing of vehicles, except sale of gas and oil and services customarily provided in connection therewith shall be conducted completely within a structure.
(4)
All storage of goods shall be completely within a structure.
(j)
Antennas of wireless telecommunication services;
(k)
Temporary structures used for a period of more than 30 consecutive days;
(l)
Uses which are customarily incidental and accessory to any permitted or other conditional use allowed may be operated in such a manner as to serve the needs of properties other than the property on which it is located, provided that it will not unreasonably impact surrounding uses or properties. The council may prescribe conditions upon the use in order to mitigate impact to surrounding uses or properties of noise, traffic, congestion, or other adverse impacts.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-1, § 1, 7-15-14 ; Ord. No. 19-3, § 6, 4-16-19)
21-199 Accessory uses.
The following accessory uses shall be permitted in the Business District:
(a)
Private garages or carports, swimming pools, patios, and recreational facilities customarily incidental to permitted multifamily dwellings and lodge accommodation uses;
(b)
Home occupations and studios, subject to issuance of a home occupation permit in accordance with Article VII in this chapter;
(c)
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-200 Lot area and frontage.
In the Business District, the minimum lot area shall be 3,500 square feet and each lot shall have a minimum frontage of 30 feet.
(Ord. No. 12-07, § 1, 1-15-13)
21-201 Setbacks.
(a)
In the Business District, the minimum front setback shall be 15 feet, the minimum side setback shall be 15 feet and the minimum rear setback shall be 15 feet. A 10 foot pedestrian accessway, at or near grade, is desirable along all lot lines, but with a buffer provided between the accessway and any public street or road. These accessways may be covered. In no way shall a building or structure shed snow onto the required pedestrian accessway, a public right-of-way or an adjoining lot.
(b)
Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features, sills, belt courses, cornices and similar features, and flues and chimneys may project no more than 1/4 the distance into the required setback.
(c)
Balconies, Decks, and Stairways or Fire Escapes. Above ground balconies, decks, stairways, fire escapes, terraces, porches, decks, steps and other similar exterior features may project no more than one-half (½) the distance into the required setback but shall not be allowed to encroach into any easement areas.
(d)
Application and Interpretation of Lot Lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an exten-sion of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom.
(e)
Accessory Uses. All accessory uses and structures except fences, hedges, walls and landscaping or ground level site development such as walks, driveways and terraces shall conform to the required minimum setback lines on each site.
(f)
Recreational Amenities. Recreational amenities may be exempted from minimum setback requirements by the planning commission or zoning administrator, if they determine that their location is not environmentally and/or aesthetically detrimental.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-202 Distance between buildings.
In the Business District, the minimum distance between buildings on the same site shall be 10 feet. In all cases, however, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings within the property boundaries.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-203 Building height.
(a)
The maximum height of buildings in the Business District shall be 55 feet. Roof heights shall be varied within the project, and multiple roof breaks shall be articulated to minimize the mass and scale of structures. Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule in Section 21-83. This table shall apply to gable, hip or shed roofs, but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of two feet vertical to 12 feet horizontal or greater.
(b)
Architectural Projections Above Height Limit. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than 15% of the height limit.
(c)
Application and Interpretation of Height Limits. Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of structure having the appearance of separate, identifiable structures shall be made by the zoning administrator.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-204 Building square footage.
(a)
Maximum CRFA and GRFA. In the Business District, not more than 100 square feet of commercial and retail floor area (CRFA) for each 100 square feet of site area nor more than 150 square feet of gross residential floor area (GRFA) for each 100 feet of site area shall be permitted.
(b)
Minimum CRFA and GRFA. A minimum of 18 square feet of commercial and retail floor area (CRFA) shall be required for each 100 square feet of gross residential floor area (GRFA).
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-205 Building walls.
In the Business District, building walls shall be offset to a depth of at least five feet for each 70 feet of wall length.
(Ord. No. 12-07, § 1, 1-15-13)
21-206 Useable open space.
In the Business District, an area equivalent to a minimum of 30% of the total lot area shall be useable open space. Useable open space may be common space accessible to more than one dwelling or accommodation unit, or may be private space accessible to separate dwelling units or accommodation units or a combination thereof. Up to 50% of the required area for useable open space may be included as an enclosed mall or atrium. Useable open space may also include other areas, other than an enclosed mall or atrium, open to all occupants of the structure, their employees, guests and business invitees. At least 1/2 of the required useable open space shall be provided at ground level. At least 75% of the required ground level open space shall be open to all occupants of the structure, their employees, guests, and business invitees. The minimum dimension of any area qualifying as ground level open space shall be 10 feet. The minimum dimensions of any area qualifying as non-ground level useable open space shall be five feet. Not more than 1/2 of the useable open space requirement may be satisfied by balconies or roof decks.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-207 Landscaping and lot development.
Landscaping in the Business District shall be provided pursuant to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-208 Parking and loading.
Off-street parking and loading in the Business District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(Ord. No. 12-07, § 1, 1-15-13); Ord. No. 19-3, § 6, 4-16-19)
21-209 Lighting.
Lighting in the Business District shall be provided pursuant to the requirements of section 21-877, Commercial lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 6, 4-16-19)
21-221 Purpose.
The Commercial District is intended to provide for uses that are not appropriate in other zoning districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the Commercial District are subject to the conditional use permit procedure. In the granting of a conditional use permit, the planning commission may recommend and the town council may prescribe and set forth more restrictive standards than the standards set forth for this zoning district if the same are necessary to protect any adjoining zoning district's allowed uses permitted therein.
(Ord. No. 12-07, § 1, 1-15-13)
21-222 Permitted uses.
In the Commercial District, all uses are subject to the conditional use permit procedure.
(Ord. No. 12-07, § 1, 1-15-13)
21-223 Conditional uses.
The following conditional uses shall be permitted in the Commercial District, subject to the conditional use provisions of this chapter:
(a)
Ski lifts and tows;
(b)
Animal hospitals and kennels;
(c)
Automotive service stations;
Gasoline service stations shall be subject to the following requirements:
(1)
All fuel storage tanks shall meet all EPA requirements and shall be completely buried beneath the surface of the ground.
(2)
All gasoline pumps, lubrication or similar devices, and other service facilities shall be located at least 20 feet from any street right-of-way line.
(3)
All servicing of vehicles, except sale of gas and oil and services customarily provided in connection therewith shall be conducted completely within a structure.
(4)
All storage of goods shall be completely within a structure.
(d)
Building materials supply stores;
(e)
Commercial laundry and cleaning services;
(f)
Contractor's yards;
(g)
Machine shops;
(h)
Motor vehicle sales and services;
(i)
Repair garages;
(j)
Tire sales and services, including retreading and recapping;
(k)
Trucking terminals and truck service stations;
(l)
Vehicle storage yards;
(m)
Warehouses;
(n)
Woodworking and cabinet shops;
(o)
Antennas of wireless telecommunication services;
(p)
Public utilities;
(q)
Public buildings;
(r)
Water and wastewater treatment facilities;
(s)
Bus stops;
(t)
Temporary structures;
(u)
Additional commercial services determined to be similar to the foregoing conditional uses.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 7, 4-16-19)
21-224 Accessory uses.
Other uses customarily incidental and accessory to the conditional uses, and necessary for the operation thereof.
(Ord. No. 12-07, § 1, 1-15-13)
21-225 Development standards.
In the Commercial District, the following development standards shall be considered the minimum standards and more restrictive standards may be prescribed as appropriate conditions to a conditional use permit for any use.
(Ord. No. 12-07, § 1, 1-15-13)
21-226 Lot area and frontage.
In the Commercial District, the minimum lot area and the minimum frontage shall be determined and set according to the conditional use permitted.
(Ord. No. 12-07, § 1, 1-15-13)
21-227 Setbacks.
(a)
In the Commercial District, the minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet and the minimum rear setback shall be 10 feet.
(b)
Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features, sills, belt courses, cornices and similar features, and flues and chimneys may project no more than 1/4 the distance into the required setback.
(c)
Balconies, Decks, and Stairways or Fire Escapes. Above ground balconies, decks, stairways, fire escapes, terraces, porches, decks, steps and other similar exterior features may project no more than one-half (½) the distance into the required setback but shall not be allowed to encroach into any easement areas.
(d)
Application and Interpretation of Lot Lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an exten-sion of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom.
(e)
Accessory Uses. All accessory uses and structures except fences, hedges, walls and landscaping or ground level site development such as walks, driveways and terraces shall conform to the required minimum setback lines on each site.
(f)
Recreational Amenities. Recreational amenities may be exempted from minimum setback requirements by the planning commission or zoning administrator, if they determine that their location is not environmentally and/or aesthetically detrimental.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 7, 4-16-19)
21-228 Distances between buildings.
In the Commercial District, the minimum distance between buildings on the same lot shall be 15 feet. In all cases, however, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings within the property boundaries.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 7, 4-16-19)
21-229 Building height.
(a)
The maximum height of buildings in the Commercial District shall be 35 feet. Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule in Section 21-83. This table shall apply to gable, hip or shed roofs, but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of two feet vertical to 12 feet horizontal or greater.
(b)
Architectural Projections Above Height Limit. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than 15% of the height limit.
(c)
Application and Interpretation of Height Limits. Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of structure having the appearance of separate, identifiable structures shall be made by the zoning administrator.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 7, 4-16-19)
21-229.1 Building square footage.
In the Commercial District, the building square footage shall be determined and set according to the conditional use permitted.
(Ord. No. 12-07, § 1, 1-15-13)
21-230 Building walls.
In the Commercial District, the maximum length of any wall or building face shall be 225 feet, and building walls shall be offset to a depth of at least 10 feet for each 90 feet of wall length.
(Ord. No. 12-07, § 1, 1-15-13)
21-231 Open space.
In the Commercial District, a minimum of 25% of the total lot area shall be open space.
(Ord. No. 12-07, § 1, 1-15-13)
21-232 Landscaping and lot development.
Landscaping in the Commercial District shall be provided pursuant to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13)
21-233 Parking and loading.
(a)
Off-street parking and loading in the Commercial District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(b)
Licensed recreational vehicles, including, but not limited to, motor homes, campers, trailers, utility trailers, horse trailers, boats, and other such recreational forms of transportation may be parked only in private drives and in an orderly fashion. Such vehicles shall be kept in a reasonably mobile state, and shall be properly registered. Under no circumstances can these vehicles be used for permanent habitation or rental property. These vehicles may be occupied temporarily, not to exceed seven consecutive days per month.
(c)
Parking of heavy construction equipment is allowed.
(Ord. No. 12-07, § 1, 1-15-13)
21-233.1 Exterior storage.
(a)
Exterior storage shall be limited to those items that are clearly incidental to the functions and uses of the property, and shall specifically include any commercial or industrially related storage. All items to be stored outdoors shall be maintained in a neat and orderly fashion, located as near as feasible to the main structures on the property, away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(b)
Licensed recreational vehicles may be parked only in private drives and in an orderly fashion. Such vehicles shall be kept in a reasonably mobile state, and shall be properly registered. Under no circumstances can these vehicles be used for permanent habitation or rental property. These vehicles may be occupied temporarily, not to exceed seven consecutive days per month.
(Ord. No. 12-07, § 1, 1-15-13)
21-234 Noise.
In the Commercial District, no use shall be permitted or conducted in a manner which creates noise, objectionable by reason of volume, pitch, intermittence or frequency, which is audible at the boundaries of the lot. Specific noise performance standards may be prescribed by a conditional use permit.
(Ord. No. 12-07, § 1, 1-15-13)
21-234.1 Lighting.
Lighting in the Commercial District shall be provided pursuant to the requirements of section 21-878 Commercial lighting regulations. However, where the Commercial District is contiguous with residentially zoned property, then all lighting shall be in accordance with the requirements of section 21-877 Residential lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13)
21-241 Purpose.
The Public Uses and Facilities District is intended to establish public use areas in which public and semi-public facilities and uses are located, including, without limitation, governmental and educational uses.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-242 Permitted uses.
The following uses shall be permitted in the Public Uses and Facilities District:
(a)
Parks and golf courses;
(b)
Public recreation centers;
(c)
Government administration buildings;
(d)
Fire and police stations;
(e)
Schools;
(f)
Religious facilities;
(g)
Dwelling units, accessory and incidental to the primary use of the land;
(h)
Colleges and universities;
(i)
Public parking lots and parking structures;
(j)
Accessory buildings and uses customarily incidental to permitted and conditional public activities including, but not limited to, swimming pools, tennis courts, and parking facilities;
(k)
Bus stops;
(l)
Civic buildings;
(m)
Temporary structures used for a period of 30 consecutive days or less.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-243 Conditional uses.
The following uses shall be permitted in the Public Uses and Facilities District, subject to the conditional use provisions of this chapter:
(a)
Hospitals, medical offices and clinics;
(b)
Public utilities and facilities;
(c)
Day care facilities;
(d)
Congregate care facilities;
(e)
Non-profit facilities providing a community service;
(f)
Antennas of wireless telecommunication services;
(g)
Emergency shelters;
(h)
Maintenance facilities;
(i)
Utility transmission lines;
(j)
Temporary structures used for a period of more than 30 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-244 Lot area and frontage.
In the Public Uses and Facilities District, the minimum lot area shall be 10,000 square feet, and the minimum frontage width shall be 30 feet.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-245 Setbacks.
(a)
In the Public Uses and Facilities District, the minimum front setback shall be 10 feet, the minimum side setback shall be 15 feet and the minimum rear setback shall be 15 feet. Accessory facilities shall be located a minimum 25 feet from all property lines that abut the Single-Family Residential District or the Low Density Multiple-Family District.
(b)
Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features, sills, belt courses, cornices and similar features, and flues and chimneys may project no more than 1/4 the distance into the required setback.
(c)
Balconies, Decks, and Stairways or Fire Escapes. Above ground balconies, decks, stairways, fire escapes, terraces, porches, decks, steps and other similar exterior features may project no more than one-half (½) the distance into the required setback but shall not be allowed to encroach into any easement areas.
(d)
Application and Interpretation of Lot Lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an exten-sion of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom.
(e)
Accessory Uses. All accessory uses and structures except fences, hedges, walls and landscaping or ground level site development such as walks, driveways and terraces shall conform to the required minimum setback lines on each site.
(f)
Recreational Amenities. Recreational amenities may be exempted from minimum setback requirements by the planning commission or zoning administrator, if they determine that their location is not environmentally and/or aesthetically detrimental.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-246 Distance between buildings.
In the Public Uses and Facilities District, the minimum distance between buildings on the same lot shall be 10 feet.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-247 Building height.
(a)
The maximum height of buildings in the Public Uses and Facilities District shall be 45 feet. Structures or portions of structures with sloping roofs may exceed the height limit in accordance with the schedule in Section 21-83. This table shall apply to gable, hip or shed roofs, but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of two feet vertical to 12 feet horizontal or greater.
(b)
Architectural Projections Above Height Limit. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than 15% of the height limit.
(c)
Application and Interpretation of Height Limits. Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of structure having the appearance of separate, identifiable structures shall be made by the zoning administrator.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-248 Density.
In the Public Uses and Facilities District, not more than 50% of the total floor area shall be dedicated for residential use.
(Ord. No. 19-3, § 8, 4-16-19)
21-249 Building square footage.
In the Public Uses and Facilities District a maximum floor (CRFA) area of 100 square feet for each 100 square feet of lot area shall be permitted.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-250 Distance between buildings.
In the Public Uses and Facilities District, the minimum distance between buildings on the same lot shall be 10 feet. In all cases, however, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings within the property boundaries.
(Ord. No. 19-3, § 8, 4-16-19)
21-251 Building walls.
In the Public Uses and Facilities District building walls shall be offset to a depth of at least five feet every 70 feet of wall length.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-252 Open space.
In the Public Uses and Facilities District, a minimum of 25% of the total lot area shall be open space.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-253 Landscaping and lot development.
Landscaping in the Public Uses and Facilities District shall be provided pursuant to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-254 Parking and loading.
Off-street parking and loading in the Public Uses and Facilities District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-255 Lighting.
Lighting in the Public Uses and Facilities District shall be in accordance with the requirements of section 21-876 Residential lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 8, 4-16-19)
21-262 Purpose.
The Recreation and Open Space District is intended to preserve agricultural, undeveloped or open space lands from intensive development, consistent with agricultural and open space objectives. Parks, schools and certain types of private recreation facilities and institutions are also suitable uses in the Recreation and Open Space District, provided that the lots of these uses remain predominantly open. Lot development standards are intended to preclude intensive urban development and to maintain the recreation and open space characteristics of the district.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-263 Permitted uses.
The following uses shall be permitted in the Recreation and Open Space District:
(a)
Public recreational activities;
(b)
Agriculture;
(c)
Plant and tree nurseries and raising of field, row and tree crops;
(d)
Public parks, recreation areas and open spaces;
(e)
Ski lifts, tows and ski runs or accessways and related facilities;
(f)
Tennis courts;
(g)
Bus stops;
(h)
Temporary structures used for a period of 30 consecutive days or less.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-264 Conditional uses.
The following conditional uses shall be permitted in the Recreation and Open Space District subject to the conditional use provisions of this chapter:
(a)
Private or public golf, tennis, swimming and riding clubs and hunting and fishing lodges;
(b)
Religious facilities;
(c)
The pasturing of horses and livestock;
(d)
Accessory dwelling units;
(e)
Temporary structures used for a period of more than 30 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-265 Accessory uses.
The following accessory uses shall be permitted in the Recreation and Open Space District:
Accessory buildings and uses customarily incidental to permitted agricultural uses, including barns, silos, sheds, corrals, pens and similar uses.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-266 Lot area and frontage.
In the Recreation and Open Space District, the minimum lot area shall be 21,780 square feet (1/2 acre) and each lot shall have a minimum frontage of 30 feet.
(Ord. No. 19-3, § 9, 4-16-19)
21-267 Setbacks.
In the Recreation and Open Space District, the minimum front setback shall be 20 feet, the minimum side setback shall be 15 feet, and the minimum rear setback shall be 15 feet.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-268 Distances between buildings.
In the Recreation and Open Space District, the minimum distance between buildings on the same lot shall be 15 feet, provided that the minimum distance between any building used for the housing or feeding of animals and any building used for dwelling purposes shall be 50 feet. In all cases, however, a space of sufficient shape and size shall be provided to accommodate any snow shed from buildings within the property boundaries.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-269 Building height.
The maximum height of buildings in the Recreation and Open Space District shall be 30 feet, except for accessory farm and agricultural buildings which may not exceed 45 feet in height.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-270 Density.
In the Recreation and Open Space District, not more than one accessory dwelling unit shall be permitted on each lot.
(Ord. No. 19-3, § 9, 4-16-19)
21-271 Building square footage.
Not more than 30 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of lot area.
(Ord. No. 19-3, § 9, 4-16-19)
21-272 Building walls.
In the Recreation and Open Space District, the maximum length of any wall or building face shall be 125 feet. Building walls shall be offset to a depth of at least five feet for each 50 feet of wall length.
(Ord. No. 19-3, § 9, 4-16-19)
21-273 Open space.
In the Recreational and Open Space District, a minimum of 90% of the total lot area shall be open space.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-274 Landscaping and lot development.
Landscaping in the Recreation and Open Space District shall be provided pursuant to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-275 Parking and loading.
Off-street parking and loading in the Recreation and Open Space District shall be provided in accordance with Article XVI, Division 3 (Parking, Loading, Snow Storage and Driveway Standards), of this chapter.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-276 Exterior storage.
Applicants for approval of all new structures are encouraged to provide either a garage or a storage facility.
(a)
Exterior storage shall be limited to those items that are clearly incidental to open space functions and uses of the property, and shall specifically exclude any commercial or industrially related storage. All items to be stored outdoors shall be maintained in a neat and orderly fashion, located as near as feasible to the main structures on the property, preferably on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(b)
Recreational vehicles and equipment shall be stored in a neat and orderly fashion in the driveway, or as near as feasible to the main structures on the property, on the side of the structures away from the public right-of-way and screened from public view and from the view of surrounding areas in a style and detail that is compatible with the architecture of the main structures on the property.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-277 Lighting.
Lighting in the Recreation and Open Space District shall be in accordance with the requirements of section 21-876 Residential lighting regulations.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 9, 4-16-19)
21-289 Medical marijuana center, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses prohibited.
It is unlawful for any person to operate, cause to be operated, or permit to be operated an optional premises cultivation operation, or facility for which a medical marijuana infused products manufacturers' license could otherwise be obtained within the town, and all such uses are hereby prohibited in any location within the town, or within any area hereinafter annexed to the town.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 10, 4-16-19; Ord. No. 25-14, 10/7/2025)
21-290 Patients and primary caregivers.
Nothing in this division shall be construed to prohibit, regulate, or otherwise impair the use of medical marijuana by patients as defined by the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient in accordance with the Colorado Constitution, and consistent with C.R.S. section 25-1.5-106, and rules promulgated thereunder, as the same statute and rules may be amended from time to time.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 10, 4-16-19)
21-291 Marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities prohibited.
It is unlawful for any person to operate, cause to be operated, or permit to be operated a marijuana cultivation facility, marijuana product manufacturing facility, or marijuana testing facility, and all such uses are hereby prohibited in any location within the town, or within any area hereafter annexed to the town.
(Ord. No. 13-01, § 4, 2-5-13; Ord. No. 19-3, § 11, 4-16-19; Ord. No. 25-14, 10/7/2025)