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Mountain Village City Zoning Code

17.3.3 Use

Schedule.

A. The Town of Mountain Village Land Use Schedule (“Use Schedule”), Table 3-1, establishes specific permitted, accessory, conditional and not permitted land uses for each zone district.

1. The Use Schedule lists the following notations:

P = permitted use;

A = accessory use;

C = conditional use;

PM = permitted with Planning and Building division staff approval of construction mitigation plan (Staff may classify to conditional use based on impacts and extent of construction staging);

PT = permitted use in Town Hall Plaza only;

SE = special event development application required; and

PVC = permitted Village Center only

2. Blank cells in the Use Schedule under each of the respective zone districts indicate that the use appearing next to that blank cell is expressly prohibited in that zone district.

3. The Director of Community Development shall render the final administrative decision concerning the scope, application and meaning of terms in this Use Schedule.

4. Any conforming land use in the Use Schedule, or any use approved pursuant to section B below can be proposed as a permitted, accessory or conditional land use in the PUD Zone District as a part of a PUD development application as set forth in the PUD regulations.

Table 3-1. Town of Mountain Village Land Use Schedule

Uze/Zone

Class 1 AOS

Class 2 AOS

Class 3 AOS

Class 4 AOS

Class 5 AOS

POS

SF, SFCI

MF

MPW

CV

VC

Commercial (Sale of Goods)

Bakery

PT

P

Bar, Lounge, nightclub

A

PT

P

Book, hobby/toy store

PT

P

Clothing store

PT

P

Coffee shop

A

PT

P

Delicatessen/café

PT

P

Drug store/pharmacy

PT

P

Florist

PT

P

General commercial, retail

A

PT

P

Grocery store

PT

P

Home decorating

PT

P

Jewelry store

PT

P

Liquor store

PT

P

Novelty, curio and souvenir

PT

P

Restaurant ( no drive through)

A

PT

P

Farmers' market

SE

SE

P

Special events

SE

SE

SE

Sporting goods and rentals

PC

PT

P

Vending apparatuses

PVC

PT

P

Professional Services

Bank, financial institution

PT

P/C

Beauty, barber shop

PT

P/C

General office

PT

P/C

Insurance

PT

P/C

Medical center or medical offices

PT

P/C

Real estate office

PT

P/C

Office

C

A

PT

P/C

Private school

PT

P/C

Entertainment

Auditorium, conferencing

A

P

P

Bowling alley

A

A

P

P

Busking

PVC

PT

Dance studio

A

P

P

General indoor entertainment

A

P

P

General outdoor entertainment

C

C

PVC

A

P

P

Pool hall

P

Theater, indoor

A

A

P

P

Theater, outdoor

SE

A

A

C

C

Special events

SE

SE

SE

SE

SE

Open Space, Public and Infrastructure Uses

Access roads, driveways

C

C

C

P

P

P

P

P

P

Active open space

P

P

P

P

P

P

P

Active recreation uses without any buildings

P

P

P

with buildings

C

C

C

Alpine slide

C

Amphitheater

C

Bus or transit station adjoining existing transit route

C

P

P

P

P

P

P

Camping

C

C

C

C

C

Cemetery

C

Church

C

C

PT

P

Community center

C

C

C

C

Community gardens

C

C

C

C

C

C

C

Community Infrastructure

C

C

C

P

P

C

Composting, rear yard with no nuisance

C

P

P

P

C

Conference center

A

P

P

Cross-country, nordic skiing

P

P

P

P

P

P

P

P

P

P

P

Cross-country nordic center

P

C

C

C

C

C

Dog Daycare/Veterinarian

C

C

Drainage infrastructure, storm drainage infrastructure

P

P

P

P

P

P

P

P

P

P

P

Workforce housing

C

C

P

P

P

Fire station

PT

Forestry management, forest enhancement, fire mitigation

P

P

P

P

P

P

P

P

P

P

P

Garden located in rear yard

P

P

General recreational structures and improvements with no buildings or structures

P

P

P

P

P

P

P

P

P

P

General recreational structures and improvements with buildings or structures

C

C

C

P

P

Golf course uses

P

P

P

Golf club house

P

Golf halfway houses

C

C

C

Golf course maintenance building and associated outdoor storage

C

C

C

Government office

P

Grading infrastructure such as retaining walls

P

P

P

P

P

P

P

P

P

Greenhouse

C

C

C

C

C

C

Heliport

C

C

C

Hospital, clinic

P

C

Ice skating facility, outdoor private or public

PVC

C

C

C

P

Ice skating facility, indoor private or public

C

P

Infrastructure, below grade and above grade pedestals

P

P

P

P

P

C

P

P

P

P

P

Infrastructure, above grade

C

C

C

C

P

C

P

P

Landscaping infrastructure

P

P

P

P

P

P

P

P

P

P

P

Library, museum

PT

C

Miniature golf

C

C

Multipurpose facility

C

C

P

Municipal Facilities

C

C

P

P

P

Natural area protection and preservation

P

P

P

P

P

P

P

P

P

P

P

Nature center building

C

C

C

Nature center, outdoor interpretation

P

P

P

P

P

P

P

P

P

P

P

Parking garage

C

A

P

A

Parking, surface lot for guests

C

A

A

A

A

C

Passive open space uses

P

P

P

P

P

P

P

P

P

P

P

Police station

PT

C

Police video equipment

P

P

P

P

P

P

P

P

P

P

Post office

C

PT

Private art

PC

Public art

P

P

P

P

Recreational center/sports training facility

C

C

C

PT

P

Recreational trails

P

P

P

P

P

P

P

P

P

P

P

Recreational facilities general, without built structures

P

P

P

P

P

P

P

P

P

P

P

Recreational facilities general, with built structures

C

C

C

C

C

P

P

P

P

P

Renewable Energy Systems

C

C

C

A

P

P

P

P

P

Riding stables, equestrian

C

C

Ski area explosives storage

C

Ski area maintenance facilities and limited employee parking

C

Ski area, general uses without impact

P

P

P

P

P

Ski area, general uses that may have impacts

C

C

C

C

C

C

C

C

C

C

Ski area offices

C

PC

Ski area outdoor storage

P

Ski area ski patrol facilities

P

Ski area ski racing facilities

P

P

P

Ski area special events

P

P

P

Ski area racing structures

P

P

Permanent ski area rental, demo facilities that are not a special event

C

Ski area snow making facilities and associated storage

P

P

P

P

P

P

P

P

P

Ski area restaurants

C

P

Ski area schools

PT

C

Ski slopes

P

P

P

P

P

P

P

Ski trails

P

P

P

P

P

P

P

P

P

P

Ski lifts, tramways and structures

P

P

P

P

C

C

C

P

P

Ski area or Town, non-commercial refueling facility

C

C

C

C

Snowcat access

P

P

P

P

P

P

P

P

P

P

Snow making systems and equipment

P

P

P

C

C

Snow storage

P

PV solar system, private

C

P

P

P

P

P

PV solar system, commercial

C

C

C

C

C

Telecommunication antenna

C

C

C

C

C/P

C/P

C/P

C/P

Cell on Wheels (COW)

P

P

P

P

P

P

P

P

P

P

P

Temporary real estate sales office associated in one unit of new development

C

C

C

C

C

Private outdoor tennis courts and tennis facilities

C

C

C

A

P

Private indoor tennis

C

Public tennis courts

C

C

C

P

Town shops and storage

C

C

C

P

Trash and recycling facilities

C

C

P

Utility infrastructure, underground

P

P

P

P

P

P

P

P

P

P

P

Major utility infrastructure, above ground

C

C

C

C

C

C

C

C

C

C

Minor utility infrastructure, above ground accessory to development

P

P

P

P

P

P

P

P

P

P

Vehicle sponsorship as limited by sign regulations

C

C

C

C

C

Water and sewer infrastructure

P

P

P

P

P

P

P

P

P

P

P

Water storage tanks

C

C

C

C

C

C

C

C

C

C

Water and sewer treatment facilities

C

C

C

C

C

C

C

Water wells

P

P

P

P

P

C

P

P

P

P

P

Weddings, parties and private events (refer to special event regulations)

P

P

P

P

C

C

C

Wind turbines

C

C

C

C

C

C

C

Residential and Lodging Uses

Clothes line, rear yard not visible from public way

A

A

Permitted accessory buildings or structures limited to detached garage, gazebo and similar accessory buildings

A

A

A

A

A

Single-family dwelling platted as a condominium dwelling unit

P

(SCFI only)

P

P

Single-family detached condominium dwelling unit

P

(SCFI only)

Accessory dwelling unit

P

P1

Condominium dwelling unit

P

P

P

Condominium-hotel dwelling unit

P

C

P

Detached condominium dwelling unit

P

Nonsubdivided duplex

P

Efficiency lodge dwelling unit

P

C

P

Employee apartment dwelling unit

C

A

P

P

P

Employee condominium dwelling unit

C

P

P

P

Employee dorm dwelling unit

C

P

P

P

Employee single-family dwelling unit

C

P

P

Hotel dwelling unit

P

C

P

Hotel efficiency dwelling unit

P

C

P

Industrial

P2

Lodge

P

C

P

Parking, public garage

C

A

C

P

P

Parking, surface lot

C

A

A

C

A

C

Recreational facilities, private, noncommercial

C

A

C

Rentals, short- or long-term

P

P

P

P

Single-family

P

Single-family accessory garage

A

Single-family accessory dwelling unit

A

(SF only)

Single-family, general accessory uses in the rear yard such as a fenced-in dog area

A

Construction staging

PM

PM

PM

PM

PM

PM

Educational Facilities

School, private or public

C

C

P

C

College, private or public

C

C

P

C

Day-care, home

C

P

C

Day-care, nonprofit or public

C

P

C

1Permitted within detached condominium dwelling units only.

2Where industrial zoning is allowed as a legal nonconforming use.

B. Uses Not Listed in Use Table.

1. No development permit or building permit shall be issued for a use not listed in the Use Schedule unless the Director of Community Development determines that the proposed use either:

a. Similar to, or is closely related to, a land use classification set forth above and does not have greater impacts; or

b. The proposed use falls within the zone district descriptions and general uses section set forth above or the specific zone district requirements sets forth below.

2. For uses that are clearly not listed as a permitted, accessory, or conditional use by the Zoning and land use regulations, the Director of Community Development shall make determination of whether the use is allowed as a code interpretation.

C. Primary Use Establishment Prior to Accessory Use.

1. The primary use on a lot must be established prior to or concurrent with any proposed accessory use. An accessory use shall not be permitted on a lot until the primary use is established.

2. For adjoining lots owned by the same owner where a primary use has been established on one lot, an accessory use shall not be established on the adjoining lot unless the lot line is vacated pursuant to the subdivision regulations, and any density is transferred pursuant to the density transfer.

D. Prohibited Uses.

1. Horses, all-terrain vehicles, snowmobiles, motor bikes or other motorized vehicles shall not be allowed to be used or operated within or on a lot except as otherwise specifically permitted by rules and regulations of the Town or the CDC.

a. Exceptions:

i. Those motorized vehicles specifically permitted for the uses and activities deemed necessary by ski resort operator, golf resort operator and/the Town for the safe and efficient operation of the ski area, golf course, hotel and accommodations are allowed;

ii. Police Department equestrian patrolling;

iii. The use of a licensed motorcycle that is operated on roadways and driveways; and

iv. Stabling and riding horses of horses are allowed within or on a lot only upon issuance of an equestrian conditional use permit.

2. No trailer, trailer house, mobile home or recreational vehicle may be allowed on a lot and used as a residence, either permanent or temporary. Camping for the purpose of residing or for recreational purposes on a private or public lot within the Town is similarly prohibited unless granted through a camping conditional use permit.

3. Nondomesticated animals shall not be allowed to be kept within or on a lot except as otherwise specifically permitted by rules and regulations of the Town and the State of Colorado.

4. Domesticated animals that do not comply with the Town laws in this Code.

5. No lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, mineral, rocks, stones, gravel or earth. A site’s resources can be used during construction to create construction materials during excavation, such as the creation of gravel by crushing rock, provided a conditional use permit is approved for such use, and a building permit is subsequently issued. (Ord. No. 2022-01 §2 (Exh. A)).