(a) Implement the Town’s goals and policies, plans, and programs to guide orderly growth;

(b) Protect the tax base and property values in the Town;

(c) Encourage and facilitate the most appropriate land uses throughout the Town;

(d) Promote logical, quality growth that facilitates adequate provisions for transportation systems, water, sewerage, schools, and emergency services;

(e) Provide adequate open space for light and air;

(f) Secure safety from fire and other dangers;

(g) Promote safety on streets and roads within the Town;

(h) Secure economy in governmental expenditures; and

(i) Ensure quality development that will promote economic development and preserve and enhance the quality of life for the present and future inhabitants of the Town. (Ord. 2019-07-08 §1)

(a) In interpreting the provisions of this Chapter, the minimum requirements for the promotion of public health, safety, convenience, order, prosperity and the general welfare shall apply.

(b) To the extent that there is a conflict between this Chapter and any other law, ordinance, resolution, rule or regulation of any kind, the more restrictive requirement shall apply to such application, except to the extent limited by vested property rights then in effect.

(c) Restrictive or protective covenants which contain any specification limiting the transfer, rental, or lease of any housing because of race, creed, religion, color, sex, marital status, national origin, ancestry, or handicap are prohibited by C.R.S. § 24-34-502, as amended, and Title VIII of the Fair Housing Act of 1968, 42 U.S.C. § 3604(c), as amended. (Ord. 2019-07-08 §1)

(a) This Section provides guidelines for the approval of rezoning when required for specific principal permitted uses and accessory uses in particular zoning districts.

(b) Pre-Application Conference. The applicant for a rezoning shall meet with the Zoning Administrator at a pre-application conference to discuss the proposed use, concepts, feasibility, regulations and application requirements applicable to the proposal. The Zoning Administrator shall review and explain the application form and required submittal items at the pre-application conference.

(c) An application for rezoning shall include the following:

(d) Fees.

(e) Procedure.

“Accessory building” means a subordinate building that is incidental to the principal building on the same lot or property.

“Accessory dwelling unit” means a residential unit that is located on the same parcel as a single-family dwelling unit, either internal to or attached to the single-family unit or in a detached structure. The accessory dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and bathroom facilities.

“Alley” means a public right-of-way within a block that is less than twenty (20) feet in width, which provides access to the rear of residential or commercial establishments and which is generally a secondary means of access to the property abutting along its length.

“Alternative financial services” means the provision of nonbank financial services, such as check cashing, payday advance or loan, money transfer, motor vehicle title loan, or credit access businesses. An alternative financial services establishment does not include state or federally chartered banks, savings and loans, and credit unions. An alternative financial establishment does not include an establishment that provides financial services that are accessory to another main use.

“Assisted living facility” means a home for the aged, chronically ill or incurable persons in which five (5) or more persons, not of the immediate family, are kept or provided with food, shelter or care for compensation, and that is licensed by the State.

“Automotive repair” means a commercial enterprise providing for the maintenance of motor vehicles in a fully enclosed structure, including but not limited to mechanical repairs, painting, bodywork, detailing, tires, mufflers, brakes, lubrication, oil changes and similar type repair work.

“Base plane” means a horizontal plane measured from the existing average elevation of original grade of a lot. The base plane establishes the basis for the bulk plane and shall be used to determine the height of structures on a lot.

“Board of Adjustment and Appeals” means the board established by Section 8.2 of the Home Rule Charter.

“Building” means a structure having a roof supported by columns or walls and used or intended for supporting or sheltering any use or occupancy.

“Building permit” means a written document issued by the Town, granting permission to construct, erect, repair or alter structures in accordance with the building and zoning codes of the Town in effect at the time application for the permit is filed.

“Bulk plane” means a three-dimensional building envelope that regulates the massing and bulk of a structure in order to preserve neighborhood compatibility, privacy, and adequate supply of light and air.

“Business and professional” means a facility that provides space for executive, management, administrative, or professional services not specifically listed elsewhere in this Code, and not involving the sale of merchandise except as incidental to a permitted use.

“Child care” means the care of children eighteen (18) years of age or younger who are not related to the person providing the care, whether the care is provided with or without compensation.

“Child care center” has the meaning set forth in C.R.S. § 26-6-102(l.5).

“Church” means a building, together with its parsonage and accessory buildings and uses, where persons regularly assemble for religious worship, meetings, church school and other activities, and which is maintained and controlled by a religious body organized for the purposes of worship.

“Commercial” means any lawful business endeavor to engage in the manufacturing, purchase, sale, lease or exchange of goods and/or the provision of services.

“Commercial parking” means a facility to provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

“Complete housekeeping unit” means a separate unit used for habitation that has a shared or separate entrance, separate kitchen, sleeping area, closet space, and bathroom facilities.

“Conditional use” means a designation of land use provided by the Town Council that allows the property owner to use their land in a way not otherwise permitted as a use by right within a zoning district.

“Construction office” means a mobile trailer, home or any temporary structure used by a construction contractor for temporary office facilities during construction of a building or structure.

“Consumer convenience services” means uses that provide for consumer or business services, for the repair and maintenance of a wide variety of products, and for entertainment.

“Custom or artisanal manufacturing” means a production process characterized by minimal automation, little division of labor, and a small number of highly skilled craftsmen as opposed to a larger, less-trained traditional workforce. Participants in an artisan process may be self-employed, or employed by a smaller-scale business.

“Deck” means a platform twelve (12) inches or more above finished grade, and supported on the ground.

“Dwelling, multifamily” means any building structurally divided into three (3) or more separate dwelling units.

“Dwelling, single-family” means a detached principal structure, other than a mobile home, designed and used as a single residential dwelling unit exclusively by one (1) family, unless otherwise provided for in State or federal law.

“Dwelling, two-family attached” means any building structurally divided into two (2) separate dwelling units.

“Dwelling unit” means one (1) or more rooms connected together, but structurally divided from other structures or from all other rooms in the same structure and providing residence for a family.

“Electronic message center” means a sign capable of displaying words, symbols, figures, or images that can be periodically changed by electronic, remote, or automatic means.

“Encroachment” means, for the purpose of setback standards, any structure or element that extends beyond the minimum required setback in the front, side, or rear of a lot.

“Façade” means the outer face of a building, closest to the corresponding property line. As used herein, directional indicators such as “in front of,” “alongside,” or “behind” shall apply to the façade as here defined.

“Family” means a group of persons related by blood, marriage or adoption, or by the relationship of guardian, ward or foster family who may not necessarily be related by blood or marriage, or a group of not more than three (3) unrelated persons living together in a dwelling unit, living together as a single household unit, except that a family shall not include more than one (1) individual, or two (2) individuals related by marriage, required to register as a sex offender pursuant to C.R.S. § 18-3-412.5.

“Fast food establishment” means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose principal method of operation is not restricted to tables and counters inside the restaurant building or on a dining patio immediately adjacent thereto.

“Financial services” means establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. Accessory uses may include automatic teller machines, offices, and parking. The use may or may not be allowed to have a drive-through facility, depending on the zone district.

“Front yard” means that portion of a lot lying between a public street and the nearest parallel front setback line of such lot.

“Frontage” means all sides of a lot adjacent to a street.

“Garage” means a building or part of a building where motor vehicles are housed or stored.

“Grade” means the average finished ground level of the land immediately adjacent to and surrounding a building.

“Gross floor area” means the sum of the gross horizontal areas of the several floors of a completely enclosed structure, excluding exterior balconies. All horizontal dimensions of each floor are measured from the exterior faces of the exterior walls.

“Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. GLA does not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or enclosed.

“Group home” means a residence in which five (5) or more individuals who are not capable of living independently, can live together and receive supportive services, and are supervised by persons who live in the residence. A group home shall not have more than twelve (12) residents, including supervisory personnel. A group home shall be licensed by an agency of the State of Colorado or a political subdivision, or a State licensed child placement agency, as a group home, receiving home or similar facility.

“Hardscape” means any nonliving element in landscaping, including pedestrian walkway paving, street furniture, lighting and similar elements that complement landscaping materials, but not including nondecorative sidewalks.

“Health care facility” means a facility or area for providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

“Junk” means any material that is so worn, deteriorated or obsolete as to make it unusable in its existing condition.

“Landscape plan” means a scaled plan that illustrates the location, size, type and number of landscaping items to be installed.

“Landscaped area” means an area with a combination of living plants such as trees, shrubs, groundcover, flowers or grass; natural features such as rock, stone or mulch; and structural features such as fountains, reflecting pools, art work, screen walls, fences, benches, decorative paving, ornamental concrete or stonework areas. Weeds and artificial plants shall not be considered landscaping.

“Legal nonconforming structure” means any structure that was lawfully established but which no longer complies with the standards as set forth in this Chapter.

“Legal nonconforming use” means the use of land or buildings that was lawful at the time of the effective date of the ordinance adopting this Chapter or amendments thereto, and that does not comply with the use regulations applicable to the district in which the property is located as set forth in this Chapter.

“Living material,” for the purposes of landscaping requirements, means plant material such as trees, shrubs, groundcover, flowers, herbs, or grass. Also known as “living plant material.”

“Loft” means a residential dwelling that is located above the ground floor of a multistory building.

“Lot” means a parcel of land under one (1) ownership, occupied or intended to be occupied by a main building and the accessory uses customarily incidental to such main building, including the open spaces required by this Chapter and such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be a portion of a recorded plat. A lot may not be divided by any public right-of-way or alley.

“Lot coverage” means that portion of a lot covered or permitted to be covered by structures, including accessory structures, also known as “building coverage.”

“Lot line, front” means any property boundary line parallel and adjacent to a north-south running public street.

“Lot line, rear” means any property boundary line adjoining or in an alley access road.

“Lot line, side” means any property boundary line of a lot that is not a front or rear lot line.

“Lot line, side adjacent to street” means any property line parallel and adjacent to an east-west running public street.

“Major arterial street” means a thoroughfare designated on the Town’s comprehensive plan as an expressway or parkway.

“Major recreational equipment” means boats, boat trailers, travel trailers, motorized dwellings, motor homes, tent trailers and hauling trailers.

“Major vehicle” means any vehicle of eight (8) feet or more in width and/or twenty-five (25) feet or more in length, or any truck tractor or semi-trailer, regardless of size, but does not include major recreational equipment.

“Medical/dental” means a facility for examining, consulting with and treating patients, including offices, laboratories and outpatient facilities but not including hospital beds for overnight care or treatment.

“Mini-structure” means a portable-type, movable structure such as a storage shed, prefabricated greenhouse or elevated or nonelevated play enclosure, that meets the definition of a mini-structure as defined in the current building code adopted by the Town, which is exempt from side and rear zoning setback requirements, but not exempt from any easement, right-of-way or vision clearance triangle requirements.

“Mobile home” means any mobile home or movable structure as defined by C.R.S. § 42-2-102(82).

“Nonliving material,” for the purposes of landscaping requirements, means other nonplant materials such as mulch, bark, rocks, crushed stone, pavers, and artificial turf.

“Nonresidential accessory structure” means any accessory building that does not contain a residential accessory use such as a garage, shed, or other accessory structure larger than one hundred twenty (120) square feet.

“Off-street loading space” means a parking space for loading and unloading vehicles with a minimum area of thirty-five (35) feet in length and twelve (12) feet in width.

“Parking space, off-street” means an off-street area or space, located either inside or outside a structure, including driveways and garages, used for the temporary parking of motor vehicles, with direct and unobstructed access to a street or alley. In the R-2 Zone District, the standard off-street parking space shall measure nine (9) feet in width and eighteen (18) feet in length. In the R-3 Zone District and any nonresidential zone district, the standard parking space shall measure nine (9) feet in width and eighteen (18) feet in length, and any aisle shall be adequate in width for emergency services and approved by the fire district.

“Patio” means a level hard surfaced area at finished grade.

“Permeable,” for the purposes of landscaping requirements, means any living or nonliving material that allows liquids (such as storm water runoff) to pass through it.

“Personal services, general” means uses that provide a variety of services associated with grooming, instruction, and maintenance of fitness, health, and well-being.

“Planning and Zoning Commission” means the commission established to carry out the powers and duties to provide and plan for development as mandated by State law, Section 8.3 of the Home Rule Charter and Town ordinance. The Town Council shall serve as the Planning and Zoning Commission.

“Porch” means a one- or two-story structure attached to a building providing access to the building. A porch may be covered and must be at least fifty percent (50%) open on each side, except for sides abutting a façade or required fire wall.

“Porch, front” means a one- or two-story structure attached to the front façade of a building which faces the primary street, providing access to the building. A front porch may be covered and must be at least fifty percent (50%) open on each side, except for sides abutting a façade or required fire wall.

“Preschool” means a day care and educational facility for seven (7) or more children, aged five (5) years or younger, that is licensed by the State.

“Primary and secondary education facilities” means public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care.

“Primary street” means the street abutting the front property line and the associated name or numbered street.

“Principal permitted use” means the primary purpose or function that a parcel serves or is intended to serve, and/or a use by right which is permitted anywhere within the particular zone district in which it is identified.

“Principal structure” means the primary structure on a lot, within which the principal permitted use is carried out.

“Property line” means the legally described boundary line that indicates the limits of a parcel, tract, lot or block for the purpose of delineating ownership and setback requirements.

“Public, governmental, and civic uses” means an office of a governmental agency, not for profit, or other noncommercial entity that provides administrative and/or direct services to the public, such as, but not limited to: post offices, public safety, employment offices, libraries, museums, public assistance offices, or motor vehicle licensing and registration services. This use does not include major or minor utilities.

“Religious assembly” means a facility or area for people to gather together for public worship, religious training, or other religious activities including a church, temple, mosque, synagogue, convent, monastery, or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. Accessory uses may include meeting rooms and child care provided for persons while they are attending assembly functions. Schools and other child care services are not accessory uses and shall require approval as separate principal uses.

“Restaurant, general” means an establishment where food and drinks are available to the general public primarily for consumption within a structure on the premises.

“Retail sales, general” means retail sales firms that are involved in the sale, lease, or rent of new or used products to the general public. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. This incorporates the following uses identified elsewhere within this Chapter: drug stores, florists, news and book sales, video rental stores, hardware stores, feed stores, automotive supply stores, butcher shops, furniture stores, bakeries, ice cream parlors, delicatessens, art galleries, antiques, artisan shops, gift shops, plant stores or nurseries, pet stores, copying and blueprinting, apparel, appliances and other similar uses.

“Right-of-way” means property dedicated to public use, such as roads, streets, utilities, pedestrian and bicycle paths and alleys.

“Setback” means the required minimum distance that any structure may be located from the front, side or rear property line. The setback lines define the area of a lot that can be built upon.

“Short-term rental” (“STR”) means the renting or leasing of any portion of any residential use for monetary consideration for a period of thirty (30) consecutive days or less. Short-term rentals shall not include the following: a home occupation, bed and breakfast, residency unit, boarding or rooming house, or hotel; renting of any portion of a mobile home, recreational vehicle, or travel trailer; or offering use of one’s property to another where no fee is charged. Short-term rentals are permitted in the same manner as the underlying residential use and require a license in conformance with Chapter 6, Article 8.

“Site plan” means a graphic representation of proposed or existing improvements, including building locations, parking areas, easements, driveways and adjacent rights-of-way.

“State” means the State of Colorado.

“Story” means the portion of a building included between the upper surface of a floor and the upper surface of the floor next above. For the topmost story, this shall mean the portion of a building included between the upper surface of the topmost floor and the ceiling above.

“Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floors or roof joists.

“Structure” means a building.

“Temporary use” means a use or structure that is permitted for a limited purpose and for a limited period of time.

“Town” means the Town of Mountain View, Colorado.

“Town Council” means the Town Council of the Town of Mountain View, Colorado.

“Townhouse” means a building that has two (2) or more single-family dwelling units erected in a row as a single building on adjoining parcels, each unit being separated from the adjoining unit(s) by a fire wall (to be constructed in accordance with building code requirements) along the dividing parcel line, and each such building being separated from any other building by space on all sides. Each individual townhouse unit has individual front and rear access to the outside.

“Tree lawn” means that landscaped area between the sidewalk and the roadside curb which is landscaped with live materials and is permeable.

“Use” means the purpose for which land or structures are intended to be occupied, maintained, rented or leased.

“Utility major service” means infrastructure services that have substantial land use impacts on surrounding areas. Typical uses include but are not limited to water and wastewater treatment facilities, major water storage facilities and electric generation plants.

“Utility minor service” means infrastructure facilities and services that need to be located in the area where the service is to be provided, such as water and sewer pump stations; electrical transforming substations; wind energy conversion systems; solar collector systems; water conveyance systems; or gas regulating stations.

“Variance” means a deviation from the terms of this Chapter that is not contrary to public interest and due to special conditions or circumstances.

“Vision clearance triangle” means a clear area from four (4) feet to eight (8) feet from the ground located at a stop or light-controlled intersection going a distance of ten (10) feet along the flowline of the controlled road and twenty (20) feet along the flowline of the uncontrolled road in each direction.

“Xeriscape” means landscaping which is specifically intended to achieve water conservation.

“Yard, front” means the portion of a residential lot that is in front of the primary street-facing façade of the principal structure.

“Yard, rear” means the portion of a residential lot that is behind the rear-facing façade of the principal structure.

“Yard, side” means the portion(s) of a residential lot that are directly alongside the side-facing façade(s) of the principal structure. The side yard does not extend into the front or rear yards, as defined in this Section.

“Zoning Administrator” means the Mayor of the Town of Mountain View, or the official designated by the Town Council to be responsible for accepting, processing, and reviewing land use development applications, including but not limited to reviewing a building permit’s compliance with the zoning ordinances, assisting the Town with community development services, and aiding the Town in developing zoning regulations to meet community needs. The Zoning Administrator shall be responsible for the interpretations and enforcement of zoning ordinances. (Ord. 2024-01-22B §2; Ord. 2020-07-20A §2; Ord. 2020-03-26B §1; Ord. 2019-07-08 §1)

(a) Every building shall be constructed on a lot or combination of lots, and no lot shall have more than one (1) main building, except as otherwise provided by this Chapter.

(b) The site approval process described in Article 11 of this Chapter shall be required for all properties in the C-1 and R-3 Zone Districts on which the use is not a single-family or two-family dwelling. (Ord. 2019-07-08 §1)

(a) Setbacks shall be measured from the point that is the shortest perpendicular distance between any portion of the structure and the lot line.

(b) Setbacks adjacent to an alley shall be measured from the point that is the shortest distance between any portion of the structure and a line parallel to the centerline of the block in the alley, which line is located eight (8) feet from the centerline of the block in the alley in the direction of the property in question. (Ord. 2019-07-08 §1)

(a) Building Height. Building height is measured as the vertical distance between the point of measurement on the ground to the highest peak or point of the roof of a structure. The point of measurement on the ground shall be taken from the base plane.

(b) Building Height in Stories. A story shall count toward the total number of allowed stories when it has a finished floor surface above original grade or is located below a story which has its finished floor surface more than six (6) feet above the base plane.

(c) Fence, Hedge or Wall Height. The height of a fence or wall shall be measured as the vertical distance between finished grade on the highest side of the fence, hedge or wall to the top of the fence, hedge or wall. (Ord. 2019-07-08 §1)

(a) The bulk plane is a horizontal plane that begins at the side property line of a lot, rises to a designated side height (i.e., seventeen (17) feet for single-family dwellings in the R-2 Zone District), and slopes at a forty-five (45) degree angle until it intersects the bulk plane from the opposite side property line. See Figure 16.01.124(a) for reference.

(b) The bulk plane height shall be measured from the base plane.

(c) Maximum building heights set forth in this Code shall apply regardless of the height at which the two (2) opposite bulk planes intersect above the lot. (Ord. 2019-07-08 §1)

(a) The base plane is measured at the average elevation of original grade, which shall be calculated as the average of two (2) elevations measured at the point of intersection between the front setback and side property lines. See the figure below for reference.

(b) Height measurements shall be provided on development plans using either an architectural scale with a base elevation of one hundred (100) feet or the elevations as measured above sea level.

(a) Lot coverage shall be measured as the cumulative building footprints of all principal structures and accessory structures over one hundred twenty (120) square feet.

(b) Covered front porches subject to the permitted setback encroachments allowed in the district specific building standards shall be exempt from building coverage.

(c) Porches, patios, or decks covered by a roof, canopy, pergola or similar covering projecting three (3) feet or more, as measured perpendicular to the structure façade, not including a front porch, shall be included in building coverage. Such structures shall be eligible for an exemption from building coverage, up to a maximum credit of two hundred fifty (250) square feet.

(d) Uncovered porches, patios, or decks shall be exempt from building coverage.

(e) Detached garage structures, or accessory dwelling units with ground floor garages, that provide rear alley access for parking shall be eligible for a fifty percent (50%) exemption from building coverage, up to a maximum credit of five hundred (500) square feet. To qualify, the lot shall comply with a minimum fifteen (15) foot separation between the principal structure and detached accessory parking structure.

(f) The Zoning Administrator may approve an increase in allowed building coverage up to a maximum of fifty percent (50%) of the total lot for nonconforming small or irregularly shaped lots and/or structures. (Ord. 2019-07-08 §1)

(a) For lots with two (2) side interior property lines, where both sides of the property border other residential or commercial properties and do not border a street, the following standards shall be used to determine the front, side, and rear property lines:

(b) For corner lots, where two (2) portions of the property abut a named or numbered street, the following standards shall be used to determine the front, side interior, side street, and rear property lines:

(c) Applicants may request an alternative property line determination from the Town Administrator for properties with irregular lot sizes, small lots, or irregular existing building orientations. The Town Administrator shall determine the front, side interior and/or side street, and rear property lines, based on an analysis of the following:

(a) No major recreational equipment shall be parked or stored on any street or roadway within the Town for a period of more than seventy-two (72) consecutive hours.

(b) No major recreational equipment shall be used for living, sleeping or housekeeping purposes while parked on any street or roadway in the Town.

(c) No major recreational equipment shall be used for living, sleeping or housekeeping purposes while parked on private property in the Town for more than seven (7) days. (Ord. 2019-07-08 §1)

(a) For lots with two (2) side interior property lines, where both sides of the property border other residential or commercial properties and do not border a street, the following standards shall be used to determine the front, side, and rear property lines:

(b) For corner lots, where two (2) portions of the property abut a named or numbered street, the following standards shall be used to determine the front, side interior, side street, and rear property lines.

(c) Applicants may request an alternative property line determination from the Zoning Administrator for properties with irregular lot sizes, small lots, or irregular existing building orientations. The Zoning Administrator shall determine the front, side interior and/or side street, and rear property lines, based on an analysis of the following:

(a) Where explicitly stated in this Chapter, the Zoning Administrator may grant administrative adjustments to certain standards and requirements, subject to the limitations herein. All such administrative adjustments shall be consistent with the stated intent and purpose of this Code.

(b) The Zoning Administrator may approve an appointed third-party designee to make such determinations.

(c) Administrative adjustments shall only be granted upon finding that the adjustment:

(d) The intent of this Section is that administrative adjustments shall not be used for multiple contiguous lots (i.e., more than two (2) buildable lots, or four (4) original platted Town lots). Administrative adjustments shall not be used to circumvent the planned development or subdivision standards and requirements of Chapters 16 and 17. (Ord. 2021-03-15B §1; Ord. 2019-07-08 §1)

(a) For purposes of this Section, “garage or yard sale” means the selling of items or merchandise by the occupants of the residence at which the sale is held.

(b) In any residential zone district in the Town, garage or yard sales shall not be held more than three (3) times per year, per household. A garage or yard sale that continues for no more than three (3) successive days, such as Friday, Saturday and Sunday, shall be considered one (1) garage or yard sale.

(c) Notwithstanding Subsection (b) of this Section, the sale of any item or merchandise that is not owned by the occupants of the residence at which the sale is held, or by neighbors residing on the same street as the residence at which the sale is held, shall be prohibited.

(d) All signs advertising a garage or yard sale shall be removed from all locations within the Town no later than 7:00 a.m. on the morning following the conclusion of the garage or yard sale.

(e) All garage sale items shall be removed and/or stored in an enclosed structure during any time the garage sale is not being conducted, and by sunset of each day the garage sale is being conducted.

(f) Violations of this Section shall be punished by a fine not to exceed four hundred ninety-nine dollars ($499.00). (Ord. 2019-07-08 §1)

(a) Implement the Town’s goals and policies, plans, and programs to guide orderly growth;

(b) Protect the tax base and property values in the Town;

(c) Encourage and facilitate the most appropriate land uses throughout the Town;

(d) Promote logical, quality growth that facilitates adequate provisions for transportation systems, water, sewerage, schools, and emergency services;

(e) Provide adequate open space for light and air;

(f) Secure safety from fire and other dangers;

(g) Promote safety on streets and roads within the Town;

(h) Secure economy in governmental expenditures; and

(i) Ensure quality development that will promote economic development and preserve and enhance the quality of life for the present and future inhabitants of the Town. (Ord. 2019-07-08 §1)

(a) In interpreting the provisions of this Chapter, the minimum requirements for the promotion of public health, safety, convenience, order, prosperity and the general welfare shall apply.

(b) To the extent that there is a conflict between this Chapter and any other law, ordinance, resolution, rule or regulation of any kind, the more restrictive requirement shall apply to such application, except to the extent limited by vested property rights then in effect.

(c) Restrictive or protective covenants which contain any specification limiting the transfer, rental, or lease of any housing because of race, creed, religion, color, sex, marital status, national origin, ancestry, or handicap are prohibited by C.R.S. § 24-34-502, as amended, and Title VIII of the Fair Housing Act of 1968, 42 U.S.C. § 3604(c), as amended. (Ord. 2019-07-08 §1)

(a) This Section provides guidelines for the approval of rezoning when required for specific principal permitted uses and accessory uses in particular zoning districts.

(b) Pre-Application Conference. The applicant for a rezoning shall meet with the Zoning Administrator at a pre-application conference to discuss the proposed use, concepts, feasibility, regulations and application requirements applicable to the proposal. The Zoning Administrator shall review and explain the application form and required submittal items at the pre-application conference.

(c) An application for rezoning shall include the following:

(d) Fees.

(e) Procedure.

“Accessory building” means a subordinate building that is incidental to the principal building on the same lot or property.

“Accessory dwelling unit” means a residential unit that is located on the same parcel as a single-family dwelling unit, either internal to or attached to the single-family unit or in a detached structure. The accessory dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and bathroom facilities.

“Alley” means a public right-of-way within a block that is less than twenty (20) feet in width, which provides access to the rear of residential or commercial establishments and which is generally a secondary means of access to the property abutting along its length.

“Alternative financial services” means the provision of nonbank financial services, such as check cashing, payday advance or loan, money transfer, motor vehicle title loan, or credit access businesses. An alternative financial services establishment does not include state or federally chartered banks, savings and loans, and credit unions. An alternative financial establishment does not include an establishment that provides financial services that are accessory to another main use.

“Assisted living facility” means a home for the aged, chronically ill or incurable persons in which five (5) or more persons, not of the immediate family, are kept or provided with food, shelter or care for compensation, and that is licensed by the State.

“Automotive repair” means a commercial enterprise providing for the maintenance of motor vehicles in a fully enclosed structure, including but not limited to mechanical repairs, painting, bodywork, detailing, tires, mufflers, brakes, lubrication, oil changes and similar type repair work.

“Base plane” means a horizontal plane measured from the existing average elevation of original grade of a lot. The base plane establishes the basis for the bulk plane and shall be used to determine the height of structures on a lot.

“Board of Adjustment and Appeals” means the board established by Section 8.2 of the Home Rule Charter.

“Building” means a structure having a roof supported by columns or walls and used or intended for supporting or sheltering any use or occupancy.

“Building permit” means a written document issued by the Town, granting permission to construct, erect, repair or alter structures in accordance with the building and zoning codes of the Town in effect at the time application for the permit is filed.

“Bulk plane” means a three-dimensional building envelope that regulates the massing and bulk of a structure in order to preserve neighborhood compatibility, privacy, and adequate supply of light and air.

“Business and professional” means a facility that provides space for executive, management, administrative, or professional services not specifically listed elsewhere in this Code, and not involving the sale of merchandise except as incidental to a permitted use.

“Child care” means the care of children eighteen (18) years of age or younger who are not related to the person providing the care, whether the care is provided with or without compensation.

“Child care center” has the meaning set forth in C.R.S. § 26-6-102(l.5).

“Church” means a building, together with its parsonage and accessory buildings and uses, where persons regularly assemble for religious worship, meetings, church school and other activities, and which is maintained and controlled by a religious body organized for the purposes of worship.

“Commercial” means any lawful business endeavor to engage in the manufacturing, purchase, sale, lease or exchange of goods and/or the provision of services.

“Commercial parking” means a facility to provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

“Complete housekeeping unit” means a separate unit used for habitation that has a shared or separate entrance, separate kitchen, sleeping area, closet space, and bathroom facilities.

“Conditional use” means a designation of land use provided by the Town Council that allows the property owner to use their land in a way not otherwise permitted as a use by right within a zoning district.

“Construction office” means a mobile trailer, home or any temporary structure used by a construction contractor for temporary office facilities during construction of a building or structure.

“Consumer convenience services” means uses that provide for consumer or business services, for the repair and maintenance of a wide variety of products, and for entertainment.

“Custom or artisanal manufacturing” means a production process characterized by minimal automation, little division of labor, and a small number of highly skilled craftsmen as opposed to a larger, less-trained traditional workforce. Participants in an artisan process may be self-employed, or employed by a smaller-scale business.

“Deck” means a platform twelve (12) inches or more above finished grade, and supported on the ground.

“Dwelling, multifamily” means any building structurally divided into three (3) or more separate dwelling units.

“Dwelling, single-family” means a detached principal structure, other than a mobile home, designed and used as a single residential dwelling unit exclusively by one (1) family, unless otherwise provided for in State or federal law.

“Dwelling, two-family attached” means any building structurally divided into two (2) separate dwelling units.

“Dwelling unit” means one (1) or more rooms connected together, but structurally divided from other structures or from all other rooms in the same structure and providing residence for a family.

“Electronic message center” means a sign capable of displaying words, symbols, figures, or images that can be periodically changed by electronic, remote, or automatic means.

“Encroachment” means, for the purpose of setback standards, any structure or element that extends beyond the minimum required setback in the front, side, or rear of a lot.

“Façade” means the outer face of a building, closest to the corresponding property line. As used herein, directional indicators such as “in front of,” “alongside,” or “behind” shall apply to the façade as here defined.

“Family” means a group of persons related by blood, marriage or adoption, or by the relationship of guardian, ward or foster family who may not necessarily be related by blood or marriage, or a group of not more than three (3) unrelated persons living together in a dwelling unit, living together as a single household unit, except that a family shall not include more than one (1) individual, or two (2) individuals related by marriage, required to register as a sex offender pursuant to C.R.S. § 18-3-412.5.

“Fast food establishment” means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose principal method of operation is not restricted to tables and counters inside the restaurant building or on a dining patio immediately adjacent thereto.

“Financial services” means establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. Accessory uses may include automatic teller machines, offices, and parking. The use may or may not be allowed to have a drive-through facility, depending on the zone district.

“Front yard” means that portion of a lot lying between a public street and the nearest parallel front setback line of such lot.

“Frontage” means all sides of a lot adjacent to a street.

“Garage” means a building or part of a building where motor vehicles are housed or stored.

“Grade” means the average finished ground level of the land immediately adjacent to and surrounding a building.

“Gross floor area” means the sum of the gross horizontal areas of the several floors of a completely enclosed structure, excluding exterior balconies. All horizontal dimensions of each floor are measured from the exterior faces of the exterior walls.

“Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. GLA does not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or enclosed.

“Group home” means a residence in which five (5) or more individuals who are not capable of living independently, can live together and receive supportive services, and are supervised by persons who live in the residence. A group home shall not have more than twelve (12) residents, including supervisory personnel. A group home shall be licensed by an agency of the State of Colorado or a political subdivision, or a State licensed child placement agency, as a group home, receiving home or similar facility.

“Hardscape” means any nonliving element in landscaping, including pedestrian walkway paving, street furniture, lighting and similar elements that complement landscaping materials, but not including nondecorative sidewalks.

“Health care facility” means a facility or area for providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

“Junk” means any material that is so worn, deteriorated or obsolete as to make it unusable in its existing condition.

“Landscape plan” means a scaled plan that illustrates the location, size, type and number of landscaping items to be installed.

“Landscaped area” means an area with a combination of living plants such as trees, shrubs, groundcover, flowers or grass; natural features such as rock, stone or mulch; and structural features such as fountains, reflecting pools, art work, screen walls, fences, benches, decorative paving, ornamental concrete or stonework areas. Weeds and artificial plants shall not be considered landscaping.

“Legal nonconforming structure” means any structure that was lawfully established but which no longer complies with the standards as set forth in this Chapter.

“Legal nonconforming use” means the use of land or buildings that was lawful at the time of the effective date of the ordinance adopting this Chapter or amendments thereto, and that does not comply with the use regulations applicable to the district in which the property is located as set forth in this Chapter.

“Living material,” for the purposes of landscaping requirements, means plant material such as trees, shrubs, groundcover, flowers, herbs, or grass. Also known as “living plant material.”

“Loft” means a residential dwelling that is located above the ground floor of a multistory building.

“Lot” means a parcel of land under one (1) ownership, occupied or intended to be occupied by a main building and the accessory uses customarily incidental to such main building, including the open spaces required by this Chapter and such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be a portion of a recorded plat. A lot may not be divided by any public right-of-way or alley.

“Lot coverage” means that portion of a lot covered or permitted to be covered by structures, including accessory structures, also known as “building coverage.”

“Lot line, front” means any property boundary line parallel and adjacent to a north-south running public street.

“Lot line, rear” means any property boundary line adjoining or in an alley access road.

“Lot line, side” means any property boundary line of a lot that is not a front or rear lot line.

“Lot line, side adjacent to street” means any property line parallel and adjacent to an east-west running public street.

“Major arterial street” means a thoroughfare designated on the Town’s comprehensive plan as an expressway or parkway.

“Major recreational equipment” means boats, boat trailers, travel trailers, motorized dwellings, motor homes, tent trailers and hauling trailers.

“Major vehicle” means any vehicle of eight (8) feet or more in width and/or twenty-five (25) feet or more in length, or any truck tractor or semi-trailer, regardless of size, but does not include major recreational equipment.

“Medical/dental” means a facility for examining, consulting with and treating patients, including offices, laboratories and outpatient facilities but not including hospital beds for overnight care or treatment.

“Mini-structure” means a portable-type, movable structure such as a storage shed, prefabricated greenhouse or elevated or nonelevated play enclosure, that meets the definition of a mini-structure as defined in the current building code adopted by the Town, which is exempt from side and rear zoning setback requirements, but not exempt from any easement, right-of-way or vision clearance triangle requirements.

“Mobile home” means any mobile home or movable structure as defined by C.R.S. § 42-2-102(82).

“Nonliving material,” for the purposes of landscaping requirements, means other nonplant materials such as mulch, bark, rocks, crushed stone, pavers, and artificial turf.

“Nonresidential accessory structure” means any accessory building that does not contain a residential accessory use such as a garage, shed, or other accessory structure larger than one hundred twenty (120) square feet.

“Off-street loading space” means a parking space for loading and unloading vehicles with a minimum area of thirty-five (35) feet in length and twelve (12) feet in width.

“Parking space, off-street” means an off-street area or space, located either inside or outside a structure, including driveways and garages, used for the temporary parking of motor vehicles, with direct and unobstructed access to a street or alley. In the R-2 Zone District, the standard off-street parking space shall measure nine (9) feet in width and eighteen (18) feet in length. In the R-3 Zone District and any nonresidential zone district, the standard parking space shall measure nine (9) feet in width and eighteen (18) feet in length, and any aisle shall be adequate in width for emergency services and approved by the fire district.

“Patio” means a level hard surfaced area at finished grade.

“Permeable,” for the purposes of landscaping requirements, means any living or nonliving material that allows liquids (such as storm water runoff) to pass through it.

“Personal services, general” means uses that provide a variety of services associated with grooming, instruction, and maintenance of fitness, health, and well-being.

“Planning and Zoning Commission” means the commission established to carry out the powers and duties to provide and plan for development as mandated by State law, Section 8.3 of the Home Rule Charter and Town ordinance. The Town Council shall serve as the Planning and Zoning Commission.

“Porch” means a one- or two-story structure attached to a building providing access to the building. A porch may be covered and must be at least fifty percent (50%) open on each side, except for sides abutting a façade or required fire wall.

“Porch, front” means a one- or two-story structure attached to the front façade of a building which faces the primary street, providing access to the building. A front porch may be covered and must be at least fifty percent (50%) open on each side, except for sides abutting a façade or required fire wall.

“Preschool” means a day care and educational facility for seven (7) or more children, aged five (5) years or younger, that is licensed by the State.

“Primary and secondary education facilities” means public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care.

“Primary street” means the street abutting the front property line and the associated name or numbered street.

“Principal permitted use” means the primary purpose or function that a parcel serves or is intended to serve, and/or a use by right which is permitted anywhere within the particular zone district in which it is identified.

“Principal structure” means the primary structure on a lot, within which the principal permitted use is carried out.

“Property line” means the legally described boundary line that indicates the limits of a parcel, tract, lot or block for the purpose of delineating ownership and setback requirements.

“Public, governmental, and civic uses” means an office of a governmental agency, not for profit, or other noncommercial entity that provides administrative and/or direct services to the public, such as, but not limited to: post offices, public safety, employment offices, libraries, museums, public assistance offices, or motor vehicle licensing and registration services. This use does not include major or minor utilities.

“Religious assembly” means a facility or area for people to gather together for public worship, religious training, or other religious activities including a church, temple, mosque, synagogue, convent, monastery, or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. Accessory uses may include meeting rooms and child care provided for persons while they are attending assembly functions. Schools and other child care services are not accessory uses and shall require approval as separate principal uses.

“Restaurant, general” means an establishment where food and drinks are available to the general public primarily for consumption within a structure on the premises.

“Retail sales, general” means retail sales firms that are involved in the sale, lease, or rent of new or used products to the general public. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. This incorporates the following uses identified elsewhere within this Chapter: drug stores, florists, news and book sales, video rental stores, hardware stores, feed stores, automotive supply stores, butcher shops, furniture stores, bakeries, ice cream parlors, delicatessens, art galleries, antiques, artisan shops, gift shops, plant stores or nurseries, pet stores, copying and blueprinting, apparel, appliances and other similar uses.

“Right-of-way” means property dedicated to public use, such as roads, streets, utilities, pedestrian and bicycle paths and alleys.

“Setback” means the required minimum distance that any structure may be located from the front, side or rear property line. The setback lines define the area of a lot that can be built upon.

“Short-term rental” (“STR”) means the renting or leasing of any portion of any residential use for monetary consideration for a period of thirty (30) consecutive days or less. Short-term rentals shall not include the following: a home occupation, bed and breakfast, residency unit, boarding or rooming house, or hotel; renting of any portion of a mobile home, recreational vehicle, or travel trailer; or offering use of one’s property to another where no fee is charged. Short-term rentals are permitted in the same manner as the underlying residential use and require a license in conformance with Chapter 6, Article 8.

“Site plan” means a graphic representation of proposed or existing improvements, including building locations, parking areas, easements, driveways and adjacent rights-of-way.

“State” means the State of Colorado.

“Story” means the portion of a building included between the upper surface of a floor and the upper surface of the floor next above. For the topmost story, this shall mean the portion of a building included between the upper surface of the topmost floor and the ceiling above.

“Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floors or roof joists.

“Structure” means a building.

“Temporary use” means a use or structure that is permitted for a limited purpose and for a limited period of time.

“Town” means the Town of Mountain View, Colorado.

“Town Council” means the Town Council of the Town of Mountain View, Colorado.

“Townhouse” means a building that has two (2) or more single-family dwelling units erected in a row as a single building on adjoining parcels, each unit being separated from the adjoining unit(s) by a fire wall (to be constructed in accordance with building code requirements) along the dividing parcel line, and each such building being separated from any other building by space on all sides. Each individual townhouse unit has individual front and rear access to the outside.

“Tree lawn” means that landscaped area between the sidewalk and the roadside curb which is landscaped with live materials and is permeable.

“Use” means the purpose for which land or structures are intended to be occupied, maintained, rented or leased.

“Utility major service” means infrastructure services that have substantial land use impacts on surrounding areas. Typical uses include but are not limited to water and wastewater treatment facilities, major water storage facilities and electric generation plants.

“Utility minor service” means infrastructure facilities and services that need to be located in the area where the service is to be provided, such as water and sewer pump stations; electrical transforming substations; wind energy conversion systems; solar collector systems; water conveyance systems; or gas regulating stations.

“Variance” means a deviation from the terms of this Chapter that is not contrary to public interest and due to special conditions or circumstances.

“Vision clearance triangle” means a clear area from four (4) feet to eight (8) feet from the ground located at a stop or light-controlled intersection going a distance of ten (10) feet along the flowline of the controlled road and twenty (20) feet along the flowline of the uncontrolled road in each direction.

“Xeriscape” means landscaping which is specifically intended to achieve water conservation.

“Yard, front” means the portion of a residential lot that is in front of the primary street-facing façade of the principal structure.

“Yard, rear” means the portion of a residential lot that is behind the rear-facing façade of the principal structure.

“Yard, side” means the portion(s) of a residential lot that are directly alongside the side-facing façade(s) of the principal structure. The side yard does not extend into the front or rear yards, as defined in this Section.

“Zoning Administrator” means the Mayor of the Town of Mountain View, or the official designated by the Town Council to be responsible for accepting, processing, and reviewing land use development applications, including but not limited to reviewing a building permit’s compliance with the zoning ordinances, assisting the Town with community development services, and aiding the Town in developing zoning regulations to meet community needs. The Zoning Administrator shall be responsible for the interpretations and enforcement of zoning ordinances. (Ord. 2024-01-22B §2; Ord. 2020-07-20A §2; Ord. 2020-03-26B §1; Ord. 2019-07-08 §1)

(a) Every building shall be constructed on a lot or combination of lots, and no lot shall have more than one (1) main building, except as otherwise provided by this Chapter.

(b) The site approval process described in Article 11 of this Chapter shall be required for all properties in the C-1 and R-3 Zone Districts on which the use is not a single-family or two-family dwelling. (Ord. 2019-07-08 §1)

(a) Setbacks shall be measured from the point that is the shortest perpendicular distance between any portion of the structure and the lot line.

(b) Setbacks adjacent to an alley shall be measured from the point that is the shortest distance between any portion of the structure and a line parallel to the centerline of the block in the alley, which line is located eight (8) feet from the centerline of the block in the alley in the direction of the property in question. (Ord. 2019-07-08 §1)

(a) Building Height. Building height is measured as the vertical distance between the point of measurement on the ground to the highest peak or point of the roof of a structure. The point of measurement on the ground shall be taken from the base plane.

(b) Building Height in Stories. A story shall count toward the total number of allowed stories when it has a finished floor surface above original grade or is located below a story which has its finished floor surface more than six (6) feet above the base plane.

(c) Fence, Hedge or Wall Height. The height of a fence or wall shall be measured as the vertical distance between finished grade on the highest side of the fence, hedge or wall to the top of the fence, hedge or wall. (Ord. 2019-07-08 §1)

(a) The bulk plane is a horizontal plane that begins at the side property line of a lot, rises to a designated side height (i.e., seventeen (17) feet for single-family dwellings in the R-2 Zone District), and slopes at a forty-five (45) degree angle until it intersects the bulk plane from the opposite side property line. See Figure 16.01.124(a) for reference.

(b) The bulk plane height shall be measured from the base plane.

(c) Maximum building heights set forth in this Code shall apply regardless of the height at which the two (2) opposite bulk planes intersect above the lot. (Ord. 2019-07-08 §1)

(a) The base plane is measured at the average elevation of original grade, which shall be calculated as the average of two (2) elevations measured at the point of intersection between the front setback and side property lines. See the figure below for reference.

(b) Height measurements shall be provided on development plans using either an architectural scale with a base elevation of one hundred (100) feet or the elevations as measured above sea level.

(a) Lot coverage shall be measured as the cumulative building footprints of all principal structures and accessory structures over one hundred twenty (120) square feet.

(b) Covered front porches subject to the permitted setback encroachments allowed in the district specific building standards shall be exempt from building coverage.

(c) Porches, patios, or decks covered by a roof, canopy, pergola or similar covering projecting three (3) feet or more, as measured perpendicular to the structure façade, not including a front porch, shall be included in building coverage. Such structures shall be eligible for an exemption from building coverage, up to a maximum credit of two hundred fifty (250) square feet.

(d) Uncovered porches, patios, or decks shall be exempt from building coverage.

(e) Detached garage structures, or accessory dwelling units with ground floor garages, that provide rear alley access for parking shall be eligible for a fifty percent (50%) exemption from building coverage, up to a maximum credit of five hundred (500) square feet. To qualify, the lot shall comply with a minimum fifteen (15) foot separation between the principal structure and detached accessory parking structure.

(f) The Zoning Administrator may approve an increase in allowed building coverage up to a maximum of fifty percent (50%) of the total lot for nonconforming small or irregularly shaped lots and/or structures. (Ord. 2019-07-08 §1)

(a) For lots with two (2) side interior property lines, where both sides of the property border other residential or commercial properties and do not border a street, the following standards shall be used to determine the front, side, and rear property lines:

(b) For corner lots, where two (2) portions of the property abut a named or numbered street, the following standards shall be used to determine the front, side interior, side street, and rear property lines:

(c) Applicants may request an alternative property line determination from the Town Administrator for properties with irregular lot sizes, small lots, or irregular existing building orientations. The Town Administrator shall determine the front, side interior and/or side street, and rear property lines, based on an analysis of the following:

(a) No major recreational equipment shall be parked or stored on any street or roadway within the Town for a period of more than seventy-two (72) consecutive hours.

(b) No major recreational equipment shall be used for living, sleeping or housekeeping purposes while parked on any street or roadway in the Town.

(c) No major recreational equipment shall be used for living, sleeping or housekeeping purposes while parked on private property in the Town for more than seven (7) days. (Ord. 2019-07-08 §1)

(a) For lots with two (2) side interior property lines, where both sides of the property border other residential or commercial properties and do not border a street, the following standards shall be used to determine the front, side, and rear property lines:

(b) For corner lots, where two (2) portions of the property abut a named or numbered street, the following standards shall be used to determine the front, side interior, side street, and rear property lines.

(c) Applicants may request an alternative property line determination from the Zoning Administrator for properties with irregular lot sizes, small lots, or irregular existing building orientations. The Zoning Administrator shall determine the front, side interior and/or side street, and rear property lines, based on an analysis of the following:

(a) Where explicitly stated in this Chapter, the Zoning Administrator may grant administrative adjustments to certain standards and requirements, subject to the limitations herein. All such administrative adjustments shall be consistent with the stated intent and purpose of this Code.

(b) The Zoning Administrator may approve an appointed third-party designee to make such determinations.

(c) Administrative adjustments shall only be granted upon finding that the adjustment:

(d) The intent of this Section is that administrative adjustments shall not be used for multiple contiguous lots (i.e., more than two (2) buildable lots, or four (4) original platted Town lots). Administrative adjustments shall not be used to circumvent the planned development or subdivision standards and requirements of Chapters 16 and 17. (Ord. 2021-03-15B §1; Ord. 2019-07-08 §1)

(a) For purposes of this Section, “garage or yard sale” means the selling of items or merchandise by the occupants of the residence at which the sale is held.

(b) In any residential zone district in the Town, garage or yard sales shall not be held more than three (3) times per year, per household. A garage or yard sale that continues for no more than three (3) successive days, such as Friday, Saturday and Sunday, shall be considered one (1) garage or yard sale.

(c) Notwithstanding Subsection (b) of this Section, the sale of any item or merchandise that is not owned by the occupants of the residence at which the sale is held, or by neighbors residing on the same street as the residence at which the sale is held, shall be prohibited.

(d) All signs advertising a garage or yard sale shall be removed from all locations within the Town no later than 7:00 a.m. on the morning following the conclusion of the garage or yard sale.

(e) All garage sale items shall be removed and/or stored in an enclosed structure during any time the garage sale is not being conducted, and by sunset of each day the garage sale is being conducted.

(f) Violations of this Section shall be punished by a fine not to exceed four hundred ninety-nine dollars ($499.00). (Ord. 2019-07-08 §1)