Mountain View City Zoning Code
14 Permitted
Uses
16.14.010 Permitted uses.
(a) Purpose. Section 16.14.020 lists the uses allowed within all base zoning districts. All uses are defined in Section 16.01.090, and additional standards for specific uses are located in Section 16.14.030. Approval of a use listed in Section 16.14.020 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 16.14.020 is prohibited unless the use is classified by the Town Administrator pursuant to subsection (d) of this Section. Throughout this Article, reference to the Town Administrator shall be to the person appointed as such pursuant to Section 2.03.060, his or her designee, or other official designee of Town Council if the position of Town Administrator is not occupied.
(b) Explanation of Table Abbreviations.
(1) Permitted by Right Uses. “P” in a cell indicates that the use is permitted by right in the zone district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 16.14.030.
(2) Conditional Uses. “C” in a cell indicates that the use is allowed in the zone district only if reviewed and approved as a conditional use in accordance with the procedures of Article 15 of this Chapter, Conditional and Temporary Uses. Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 16.14.030.
(3) Prohibited Uses. A blank cell indicates that the use is prohibited in the zone district.
(c) Use-Specific Standards. Regardless of whether a use is allowed by right or as a conditional or special use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Section 16.14.030, Use standards, or a specific zone district. These standards apply in all districts unless otherwise specified.
(d) Classification of New and Unlisted Uses. Mountain View recognizes that new types of land use will develop and forms of land use not anticipated in this Code may seek to locate in the Town. When application is made for a use category or use type that is not specifically listed in Section 16.14.020, the Town Administrator shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:
(1) The Town Administrator is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this Chapter.
(2) When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the Town Administrator, or their designee, is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this Section. In making such determinations, the Town Administrator must consider:
a. The types of activities that will occur in conjunction with the use;
b. The types of equipment and processes to be used;
c. The existence, number and frequency of residents, customers or employees;
d. Parking demands associated with the use; and
e. Other factors deemed relevant to a use determination.
(3) If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Town Administrator must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”
(4) If the Town Administrator is unable to determine the appropriate use category for a proposed use or where the Town Administrator believes that specific conditions should be applicable to the proposed use, the Town Administrator is authorized to submit the request to the Town Council for review and determination. The Town Administrator shall deny permits and certificates for establishment of the proposed use pending Town Council determination.
(e) In conformance with Ord. 2007-10, residential uses along Sheridan Boulevard existing as of the effective date of the ordinance codified in this Article are principal permitted uses in the C-1 Zone District to which the restriction placed on nonconforming uses by Sections 16.09.050(a) through (d) and (f) shall not apply. Section 16.09.050(e) shall apply in that once a residential use is converted to a commercial use for a period of one hundred twenty (120) days it shall so remain and the right to a residential use shall be deemed forever lost and abandoned. (Ord. 2020-03-26B §4)
16.14.020 Table of permitted and conditional uses.
Table 16.14.020. Permitted Uses
Use Type | R-2 | R-3 | C-1 | Additional Standards |
|---|---|---|---|---|
Residential | ||||
Single-Family Detached | P | P | ||
Two-Family Attached | P | P | ||
Townhouse | P | |||
Loft | C | 16.14.030(b)(2) | ||
Multiple-Family | P | |||
Mobile Home | ||||
Accessory Dwelling Unit | C | C | 16.14.030(b)(1) | |
Assisted Living | P | |||
Group Home | C | |||
Civic | ||||
Child Care Center | P | P | ||
College and University Facilities | P | |||
Governmental Buildings and Uses | P | P | P | |
Health Care Facility | C | |||
Parks, Recreation, and Cultural Services | P | P | P | |
Primary and Secondary Education Facilities | P | 16.14.030(c)(1) | ||
Religious Assembly | C | |||
Utility, Major Services | C | C | P | |
Utility, Minor Services | P | P | P | |
Commercial | ||||
Automotive Repair Services | P | 16.14.030(d)(2) | ||
Consumer Convenience Services | P | |||
Convenience Stores with Gasoline Sales | C | |||
Financial Services | P | 16.14.030(d)(3) | ||
Alternative Financial Services | C | 16.14.030(d)(1) | ||
Food Sales: General | P | |||
Food Sales: Convenience | P | |||
Gasoline/Fuel Station | C | 16.14.030(d)(4) | ||
Hotel/Motel | C | |||
Liquor Store | P | |||
Medical Marijuana | P | Chapter 6, Article 6 | ||
Retail Marijuana | P | Chapter 6, Article 7 | ||
Personal Services, General | P | |||
Restaurants: Fast Food With Drive-Through | C | 16.14.030(d)(5) | ||
Retail Sales, General | P | 16.14.030(d)(6) | ||
Restaurants: General | P | 16.14.030(d)(5) | ||
Tavern, Lounge, Private Club | P | 16.14.030(d)(5) | ||
Veterinary Services (no outdoor boarding) | P | |||
Office | ||||
Business and Professional | P | |||
Medical/Dental | P | |||
Parking | ||||
Commercial Parking | C | |||
Manufacturing | ||||
Custom or Artisanal Manufacturing | P | 16.14.030(e)(1) | ||
(Ord. 2020-03-26B §4)
16.14.030 Use standards.
(a) Generally Applicable Use Standards.
(1) Outdoor Displays and Sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses; provided, that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements:
a. Outdoor display or sale shall require approval of the Town Administrator and may be subject to appropriate conditions by the Town Administrator to ensure compliance with the provisions of this Section.
b. Display of goods shall not be in drive aisles, loading zones, or fire lanes and shall not obstruct any entrance to the building.
c. The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building.
d. The outdoor display area may be located in a parking lot; provided, that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building.
e. No goods shall be attached to a building’s wall surface.
f. The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.
g. No outdoor displays shall be allowed in required landscape areas.
h. At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.
(b) Residential.
(1) Accessory Dwelling Unit.
a. Permitted Accessory Use.
1. Accessory dwelling units may be incorporated within or added onto an existing house, garage, or other accessory structure, or may be built as a separate, detached structure on a parcel where a single-family dwelling exists.
2. Accessory dwelling units are subject to the applicable adopted building code(s).
b. Ownership.
1. Ownership/Number of Residents. The accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or parcel. The total number of residents that may reside in an accessory dwelling unit may not exceed the number that is allowed for a family as defined in this Code.
c. Dimensional Standards.
1. Accessory dwelling shall be subject to the same zone district height limitations and setbacks as applicable to the principal dwelling on the property. An existing accessory structure whose height or setback(s) does not meet the requirements for a dwelling in the zone district may be converted into an accessory dwelling unit but the structure may not be altered in any manner that would increase the degree of noncompliance.
2. Accessory dwelling units shall not be considered a unit of density and therefore are not included in the density calculation for a single-family residential property.
d. Parcel Standards.
1. The minimum parcel size for a parcel that has both a primary dwelling unit and an accessory dwelling unit is six thousand (6,000) square feet.
2. One (1) accessory dwelling unit is permitted per residential parcel. The accessory dwelling unit shall be located on the same parcel as the principal unit.
e. Unit Size.
1. The maximum size of an accessory dwelling unit may be no more than fifty percent (50%) of the square footage of the principal dwelling unit or six hundred fifty (650) square feet, whichever is less.
2. The minimum size of an accessory dwelling unit is two hundred twenty (220) square feet of living space, not including bathrooms and closets.
f. Prohibited Structures. Mobile homes, manufactured housing, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as accessory dwelling units.
g. Exterior Design. An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the main building. If an attached accessory dwelling unit extends beyond the current footprint or existing height of the principal dwelling, such an addition must be compatible with the existing façade, roof pitch, siding materials, and windows as approved by the Town Administrator.
(2) Loft.
a. In the C-1 District, residential uses in mixed-use structures may be located on the second floor or higher or in the basement, provided all building and safety code requirements are met. Residential use is prohibited on first floor.
1. Any issues regarding the identification of the first floor shall be resolved by the Town Administrator.
2. All residential dwellings shall have separate entrances.
3. For the purposes of this Section, “basement” shall be defined as a story having more than one-half (1/2) of its clear height below the curb level.
b. Residential uses in a mixed-use structure require a minimum area of five hundred (500) square feet for useable living area. Bathroom, bedroom and kitchen square footage shall be figured into the required five hundred (500) square feet. The kitchen area is required to have an operating sink and a minimum of ten (10) square feet of countertop space.
(c) Civic.
(1) Educational. All uses under the education facilities category in Section 16.14.020 shall have their principal vehicular entrance and exit on a local street or adjacent street with the lowest volume of traffic.
(d) Commercial Uses.
(1) Alternative Financial Establishments. In addition to requiring a conditional use permit, an alternative financial establishment shall comply with the following regulations:
a. A parcel containing an alternative financial establishment shall be located at least one thousand (1,000) feet from any parcel containing any other alternative financial establishment, as measured in a straight line between the nearest points of one parcel to the other parcel.
b. A parcel containing an alternative financial establishment shall be located at least two hundred (200) feet from any parcel zoned or used for residential purposes, as measured in a straight line between the nearest points of one parcel to the other parcel.
(2) Automotive Repair Services. Excluding automobile body repair, and provided that no junk cars or stored vehicles shall be kept on the premises, and also provided that the premises and structures shall comply with the West Metro Fire Protection District regulations. For the purposes of this Section only, “junk cars and stored vehicles” shall mean any vehicle that, in the Town’s determination, meets the definition of “abandoned vehicle” set forth at C.R.S. § 42-4-2104.5(2)(a), as may be amended from time to time. For purposes of this Section only, a rebuttable presumption arises that a vehicle is abandoned when it has remained on the premises for thirty (30) consecutive days without physical work being performed on it. The Town’s determination that a vehicle is abandoned may be rebutted by sufficient evidence to the contrary provided by the automobile body repair shop.
(3) Financial Institution or Bank. Financial institutions or banks that are located within one hundred (100) feet of a residential zoning district shall comply with the following requirements:
a. The use shall be compatible with the neighborhood and shall not be detrimental to the same due to increased automobile traffic, noise generated from within the site, or the character of the proposed building.
b. The maximum gross floor area of the building shall be four thousand (4,000) square feet.
c. If the financial institution or bank is to include drive-through services, a maximum of two (2) drive-through window lanes shall be permitted along with a non-drive-through escape lane. The drive-through area shall be screened either by site perimeter landscaping or a landscape buffer.
(4) Gasoline/Fuel Stations.
a. A fuel canopy shall utilize the same architectural design and materials as the principal building(s) on the parcel.
b. Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line. Lights and fixtures shall not extend below the surface of the ceiling of the canopy.
c. Lights shall not be mounted on the top or sides (fascia) of the canopy, and shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of Article 7 of this Chapter.
(5) Restaurants, Taverns and Lounges – Outdoor Seating. Eating and drinking establishments allowed under this Code may provide outdoor seating areas for customers following design review and issuance of a liquor license where applicable. The approval of outdoor seating shall be reviewed against the following criteria:
a. Permitted outdoor seating areas may utilize the public right-of-way. However, the seating area shall not obstruct the movement of pedestrians or fail to meet ADA requirements for sidewalks and public ways.
b. In approving outdoor seating, the Town Council may impose conditions relating to location, configuration, and lighting, and other operational features of the use to ensure compatibility with surrounding uses, maintenance, sound, and compliance with other applicable Town codes.
(6) Retail Sales Establishments. Retail sales establishments shall not maintain exterior storage.
(e) Manufacturing. All custom or artisanal manufacturing business shall be limited to seven thousand five hundred (7,500) square feet of gross floor area of production space.
(1) Nano Brewery. The use is limited to a four (4) barrel production system with an output that shall not exceed eight hundred (800) barrels annually and the applicant shall have obtained all necessary federal and State permits and licenses prior to being issued zoning approval. (Ord. 2020-07-20B §§1, 2; Ord. 2020-03-26B §4)
16.14.010 Permitted uses.
(a) Purpose. Section 16.14.020 lists the uses allowed within all base zoning districts. All uses are defined in Section 16.01.090, and additional standards for specific uses are located in Section 16.14.030. Approval of a use listed in Section 16.14.020 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 16.14.020 is prohibited unless the use is classified by the Town Administrator pursuant to subsection (d) of this Section. Throughout this Article, reference to the Town Administrator shall be to the person appointed as such pursuant to Section 2.03.060, his or her designee, or other official designee of Town Council if the position of Town Administrator is not occupied.
(b) Explanation of Table Abbreviations.
(1) Permitted by Right Uses. “P” in a cell indicates that the use is permitted by right in the zone district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 16.14.030.
(2) Conditional Uses. “C” in a cell indicates that the use is allowed in the zone district only if reviewed and approved as a conditional use in accordance with the procedures of Article 15 of this Chapter, Conditional and Temporary Uses. Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 16.14.030.
(3) Prohibited Uses. A blank cell indicates that the use is prohibited in the zone district.
(c) Use-Specific Standards. Regardless of whether a use is allowed by right or as a conditional or special use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Section 16.14.030, Use standards, or a specific zone district. These standards apply in all districts unless otherwise specified.
(d) Classification of New and Unlisted Uses. Mountain View recognizes that new types of land use will develop and forms of land use not anticipated in this Code may seek to locate in the Town. When application is made for a use category or use type that is not specifically listed in Section 16.14.020, the Town Administrator shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:
(1) The Town Administrator is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this Chapter.
(2) When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the Town Administrator, or their designee, is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this Section. In making such determinations, the Town Administrator must consider:
a. The types of activities that will occur in conjunction with the use;
b. The types of equipment and processes to be used;
c. The existence, number and frequency of residents, customers or employees;
d. Parking demands associated with the use; and
e. Other factors deemed relevant to a use determination.
(3) If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Town Administrator must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”
(4) If the Town Administrator is unable to determine the appropriate use category for a proposed use or where the Town Administrator believes that specific conditions should be applicable to the proposed use, the Town Administrator is authorized to submit the request to the Town Council for review and determination. The Town Administrator shall deny permits and certificates for establishment of the proposed use pending Town Council determination.
(e) In conformance with Ord. 2007-10, residential uses along Sheridan Boulevard existing as of the effective date of the ordinance codified in this Article are principal permitted uses in the C-1 Zone District to which the restriction placed on nonconforming uses by Sections 16.09.050(a) through (d) and (f) shall not apply. Section 16.09.050(e) shall apply in that once a residential use is converted to a commercial use for a period of one hundred twenty (120) days it shall so remain and the right to a residential use shall be deemed forever lost and abandoned. (Ord. 2020-03-26B §4)
16.14.020 Table of permitted and conditional uses.
Table 16.14.020. Permitted Uses
Use Type | R-2 | R-3 | C-1 | Additional Standards |
|---|---|---|---|---|
Residential | ||||
Single-Family Detached | P | P | ||
Two-Family Attached | P | P | ||
Townhouse | P | |||
Loft | C | 16.14.030(b)(2) | ||
Multiple-Family | P | |||
Mobile Home | ||||
Accessory Dwelling Unit | C | C | 16.14.030(b)(1) | |
Assisted Living | P | |||
Group Home | C | |||
Civic | ||||
Child Care Center | P | P | ||
College and University Facilities | P | |||
Governmental Buildings and Uses | P | P | P | |
Health Care Facility | C | |||
Parks, Recreation, and Cultural Services | P | P | P | |
Primary and Secondary Education Facilities | P | 16.14.030(c)(1) | ||
Religious Assembly | C | |||
Utility, Major Services | C | C | P | |
Utility, Minor Services | P | P | P | |
Commercial | ||||
Automotive Repair Services | P | 16.14.030(d)(2) | ||
Consumer Convenience Services | P | |||
Convenience Stores with Gasoline Sales | C | |||
Financial Services | P | 16.14.030(d)(3) | ||
Alternative Financial Services | C | 16.14.030(d)(1) | ||
Food Sales: General | P | |||
Food Sales: Convenience | P | |||
Gasoline/Fuel Station | C | 16.14.030(d)(4) | ||
Hotel/Motel | C | |||
Liquor Store | P | |||
Medical Marijuana | P | Chapter 6, Article 6 | ||
Retail Marijuana | P | Chapter 6, Article 7 | ||
Personal Services, General | P | |||
Restaurants: Fast Food With Drive-Through | C | 16.14.030(d)(5) | ||
Retail Sales, General | P | 16.14.030(d)(6) | ||
Restaurants: General | P | 16.14.030(d)(5) | ||
Tavern, Lounge, Private Club | P | 16.14.030(d)(5) | ||
Veterinary Services (no outdoor boarding) | P | |||
Office | ||||
Business and Professional | P | |||
Medical/Dental | P | |||
Parking | ||||
Commercial Parking | C | |||
Manufacturing | ||||
Custom or Artisanal Manufacturing | P | 16.14.030(e)(1) | ||
(Ord. 2020-03-26B §4)
16.14.030 Use standards.
(a) Generally Applicable Use Standards.
(1) Outdoor Displays and Sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses; provided, that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements:
a. Outdoor display or sale shall require approval of the Town Administrator and may be subject to appropriate conditions by the Town Administrator to ensure compliance with the provisions of this Section.
b. Display of goods shall not be in drive aisles, loading zones, or fire lanes and shall not obstruct any entrance to the building.
c. The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building.
d. The outdoor display area may be located in a parking lot; provided, that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building.
e. No goods shall be attached to a building’s wall surface.
f. The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.
g. No outdoor displays shall be allowed in required landscape areas.
h. At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.
(b) Residential.
(1) Accessory Dwelling Unit.
a. Permitted Accessory Use.
1. Accessory dwelling units may be incorporated within or added onto an existing house, garage, or other accessory structure, or may be built as a separate, detached structure on a parcel where a single-family dwelling exists.
2. Accessory dwelling units are subject to the applicable adopted building code(s).
b. Ownership.
1. Ownership/Number of Residents. The accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or parcel. The total number of residents that may reside in an accessory dwelling unit may not exceed the number that is allowed for a family as defined in this Code.
c. Dimensional Standards.
1. Accessory dwelling shall be subject to the same zone district height limitations and setbacks as applicable to the principal dwelling on the property. An existing accessory structure whose height or setback(s) does not meet the requirements for a dwelling in the zone district may be converted into an accessory dwelling unit but the structure may not be altered in any manner that would increase the degree of noncompliance.
2. Accessory dwelling units shall not be considered a unit of density and therefore are not included in the density calculation for a single-family residential property.
d. Parcel Standards.
1. The minimum parcel size for a parcel that has both a primary dwelling unit and an accessory dwelling unit is six thousand (6,000) square feet.
2. One (1) accessory dwelling unit is permitted per residential parcel. The accessory dwelling unit shall be located on the same parcel as the principal unit.
e. Unit Size.
1. The maximum size of an accessory dwelling unit may be no more than fifty percent (50%) of the square footage of the principal dwelling unit or six hundred fifty (650) square feet, whichever is less.
2. The minimum size of an accessory dwelling unit is two hundred twenty (220) square feet of living space, not including bathrooms and closets.
f. Prohibited Structures. Mobile homes, manufactured housing, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as accessory dwelling units.
g. Exterior Design. An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the main building. If an attached accessory dwelling unit extends beyond the current footprint or existing height of the principal dwelling, such an addition must be compatible with the existing façade, roof pitch, siding materials, and windows as approved by the Town Administrator.
(2) Loft.
a. In the C-1 District, residential uses in mixed-use structures may be located on the second floor or higher or in the basement, provided all building and safety code requirements are met. Residential use is prohibited on first floor.
1. Any issues regarding the identification of the first floor shall be resolved by the Town Administrator.
2. All residential dwellings shall have separate entrances.
3. For the purposes of this Section, “basement” shall be defined as a story having more than one-half (1/2) of its clear height below the curb level.
b. Residential uses in a mixed-use structure require a minimum area of five hundred (500) square feet for useable living area. Bathroom, bedroom and kitchen square footage shall be figured into the required five hundred (500) square feet. The kitchen area is required to have an operating sink and a minimum of ten (10) square feet of countertop space.
(c) Civic.
(1) Educational. All uses under the education facilities category in Section 16.14.020 shall have their principal vehicular entrance and exit on a local street or adjacent street with the lowest volume of traffic.
(d) Commercial Uses.
(1) Alternative Financial Establishments. In addition to requiring a conditional use permit, an alternative financial establishment shall comply with the following regulations:
a. A parcel containing an alternative financial establishment shall be located at least one thousand (1,000) feet from any parcel containing any other alternative financial establishment, as measured in a straight line between the nearest points of one parcel to the other parcel.
b. A parcel containing an alternative financial establishment shall be located at least two hundred (200) feet from any parcel zoned or used for residential purposes, as measured in a straight line between the nearest points of one parcel to the other parcel.
(2) Automotive Repair Services. Excluding automobile body repair, and provided that no junk cars or stored vehicles shall be kept on the premises, and also provided that the premises and structures shall comply with the West Metro Fire Protection District regulations. For the purposes of this Section only, “junk cars and stored vehicles” shall mean any vehicle that, in the Town’s determination, meets the definition of “abandoned vehicle” set forth at C.R.S. § 42-4-2104.5(2)(a), as may be amended from time to time. For purposes of this Section only, a rebuttable presumption arises that a vehicle is abandoned when it has remained on the premises for thirty (30) consecutive days without physical work being performed on it. The Town’s determination that a vehicle is abandoned may be rebutted by sufficient evidence to the contrary provided by the automobile body repair shop.
(3) Financial Institution or Bank. Financial institutions or banks that are located within one hundred (100) feet of a residential zoning district shall comply with the following requirements:
a. The use shall be compatible with the neighborhood and shall not be detrimental to the same due to increased automobile traffic, noise generated from within the site, or the character of the proposed building.
b. The maximum gross floor area of the building shall be four thousand (4,000) square feet.
c. If the financial institution or bank is to include drive-through services, a maximum of two (2) drive-through window lanes shall be permitted along with a non-drive-through escape lane. The drive-through area shall be screened either by site perimeter landscaping or a landscape buffer.
(4) Gasoline/Fuel Stations.
a. A fuel canopy shall utilize the same architectural design and materials as the principal building(s) on the parcel.
b. Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line. Lights and fixtures shall not extend below the surface of the ceiling of the canopy.
c. Lights shall not be mounted on the top or sides (fascia) of the canopy, and shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of Article 7 of this Chapter.
(5) Restaurants, Taverns and Lounges – Outdoor Seating. Eating and drinking establishments allowed under this Code may provide outdoor seating areas for customers following design review and issuance of a liquor license where applicable. The approval of outdoor seating shall be reviewed against the following criteria:
a. Permitted outdoor seating areas may utilize the public right-of-way. However, the seating area shall not obstruct the movement of pedestrians or fail to meet ADA requirements for sidewalks and public ways.
b. In approving outdoor seating, the Town Council may impose conditions relating to location, configuration, and lighting, and other operational features of the use to ensure compatibility with surrounding uses, maintenance, sound, and compliance with other applicable Town codes.
(6) Retail Sales Establishments. Retail sales establishments shall not maintain exterior storage.
(e) Manufacturing. All custom or artisanal manufacturing business shall be limited to seven thousand five hundred (7,500) square feet of gross floor area of production space.
(1) Nano Brewery. The use is limited to a four (4) barrel production system with an output that shall not exceed eight hundred (800) barrels annually and the applicant shall have obtained all necessary federal and State permits and licenses prior to being issued zoning approval. (Ord. 2020-07-20B §§1, 2; Ord. 2020-03-26B §4)