Mountain Village City Zoning Code

17.3.4 Specific

Zone District Requirements.

1. Conditional Use Permit Required. As a condition to the commencement of any conditional use listed in the Use Schedule on a lot within one of the active open space zone districts, or a change in use of an existing active open space use, a conditional use permit shall be obtained. Uses not listed in the Use Schedule shall follow the requirements of the closest related listed use as determined by the Community Development Department.

2. Application of CDC Regulations to Development. In addition to the requirements for a conditional use permit, any proposed new development in one of the active open space zone districts may be evaluated on the most comparable zoning and land use regulations, design regulations and other requirements of the CDC applicable to the proposed development. The review authority shall have the final determination of the applicable regulations to the development.

3. Mitigation for New or Amended Uses on Active Open Space. The following criteria shall be met for new uses in any of the active open space zone districts:

a. The proposed use provides for design requirements to minimize and mitigate visual impacts to the extent practical, such as requirements for natural colors and natural materials that blend into the surrounding backdrop, adequate landscaping and buffering to surrounding uses, the minimization of building height and reduced glazing to prevent excessive glare or light;

b. The proposed use minimizes and mitigates lighting impacts to the extent practical with exterior lighting prohibited, and where required by a building codes or for safety, lighting has been designed in accordance with the lighting regulations;

c. The proposed use minimizes and mitigates noise levels to the extent practical; and

d. The proposed project provides for access standards that minimize and mitigate the access impacts of the proposed access route.

4. Permitted Uses. Lots in the active open space zone districts shall be used for uses set forth in the Use Schedule for each active open space zone district and other similar uses.

5. Accessory Buildings or Structures. Permitted accessory buildings or structures shall be directly related to the specific uses set forth in the use table as determined by the Planning Division.

6. Accessory Uses. Permitted accessory uses include those typically associated with active open space uses, such as benches, picnic areas, signs, nature interpretation and other similar uses.

1. New Use Process. As a condition to the commencement of any permitted use of a lot within the passive open space zone district as limited in the Use Schedule (Table 3-1), or a change in use of an existing passive open space use, a conditional use permit shall be obtained.

2. Permitted Uses. Lots in the passive open space zone district shall be used for passive open space uses and other similar uses.

3. Accessory Buildings or Structures. No building, structures shall be allowed in the passive open space zone district.

4. Accessory Uses. Permitted accessory uses include those typically associated with the specific uses allowed in the active open space zone district as set forth in the Use Schedule.

1. Permitted Uses. Lots in the Civic Zone District shall be used for the construction of municipal buildings and facilities, transportation facilities, commercial uses, offices and hotbed development as envisioned in the Comprehensive Plan, and other similar uses.

2. Accessory Buildings or Structures. Permitted accessory buildings or structures include transportation buildings, storage buildings and other similar structures.

3. Accessory Uses. Permitted accessory uses include home occupations pursuant to the home occupation regulations, surface parking as limited by the parking regulations, and other similar uses.

1. Permitted Uses. Lots in the Multifamily Zone District shall be used for the construction of multifamily dwellings, including lodge units, efficiency lodge units, condominium units (attached or detached), workforce housing units, hotel units, hotel efficiency units, accessory commercial uses as limited below and other similar uses.

2. Accessory Buildings or Structures. Permitted accessory buildings or structures include hot tubs, saunas, swimming pools, gazebos, art and similar uses. Detached storage buildings are expressly prohibited in the Village Center, and are only allowed in other projects for trash and recycling structures or buildings, bike storage/common community storage (such as bicycles), and similar situations.

3. Accessory Uses. Permitted accessory uses include home occupations pursuant to the home occupation regulations, surface parking as limited by the parking regulations, and other similar uses.

4. Commercial Area Limitation. Commercial area is limited to restaurants and gift shops that primarily serve the guests and owners of a development, or as otherwise provided in the Comprehensive Plan.

5. Accessory Dwelling Unit (ADU). Accessory dwelling units are allowed within detached condominium dwelling units (not a multifamily building). The ADU is an accessory use and ancillary to the primary use. Such units shall:

a. Only be allowed if the primary detached condominium dwelling unit exists or is constructed concurrently;

b. Comply with the design regulations;

c. Have the following floor area limitations:

i. A maximum of eight hundred (800) square feet of floor area if the detached condominium dwelling unit is four thousand (4,000) square feet or less of floor area; and

ii. If the detached condominium dwelling unit is in excess of four thousand (4,000) square feet, the accessory dwelling unit is limited to twenty percent (20%) of the floor area of the primary detached condominium dwelling unit or one thousand five hundred (1,500) square feet of floor area, whichever is less;

d. Be contained wholly within the detached condominium dwelling or must have a minimum of ninety percent (90%) of the combined length of its first-floor exterior walls shared with the principal structure;

e. Provide separate access to the unit, a kitchen facility separate from the main detached condominium dwelling unit, and off-street parking as required by the design regulations. A common entrance can alternatively be provided; and

f. Be located so as to minimize visual impacts on the lot and on lots immediately adjacent to the proposed unit to the extent practical;

g. Notwithstanding the foregoing, an ADU shall not be permitted in any portion of a Multifamily Zone that does not have year-round access via passenger car or light truck;

h. Not be used as a short term accommodation as defined in Chapter 17.8.

1. Permitted Uses. Lots in the Maintenance-Public Works Zone District shall be used for municipal facilities such as maintenance shops, storage, infrastructure, fueling, offices and other similar uses.

2. Accessory Buildings or Structures. Permitted accessory buildings or structures include telecommunications antennas, storage buildings, fuel islands, snow storage/disposal and other similar buildings.

3. Accessory Uses. Permitted accessory uses include golf course maintenance, ski resort maintenance, infrastructure and other similar uses.

1. Permitted Uses. Lots in the Single-Family Zone District may be used for the construction of one (1) single-family dwelling unit and one (1) accessory dwelling unit.

a. Three (3) lots in the Single-Family Zone District have a zoning designation of nonsubdivideable duplex: Lot 213, Lot 245 and Lot 257B, with the following allowances and limitations to such lots:

i. Two (2) dwelling units may be constructed;

ii. One (1) dwelling unit shall be designated as a major duplex unit, and one (1) dwelling unit shall be designated as a minor duplex unit;

iii. The square footage of the minor duplex unit may not exceed seventy-five percent (75%) of the square footage of the major unit;

iv. Dwelling units may be either detached or combined into one (1) structure; and

v. Accessory dwelling units shall not be allowed.

2. Accessory Buildings or Structures. Permitted accessory buildings or structures include hot tubs, saunas, swimming pools, gazebos, art, ski tramways approved pursuant to the Conditional Use Permit Process, outdoor kitchens, play equipment, fire pits, tennis courts and typical court fencing, ice skating rinks approved pursuant to the Conditional Use Permit Process, fenced dog areas, and similar uses. Storage buildings are expressly prohibited, except the DRB may approve a trash and recycling bin storage building at the end of a driveway longer than one hundred (100) feet provided such is designed in accordance with the design regulations.

a. All accessory buildings or structures shall be located in the rear yard to the extent practical.

b. Accessory buildings or structures shall not exceed five hundred (500) square feet in size or floor area, as applicable.

c. Design requirements applicable to accessory dwelling units are in the Single-Family Zone District.

d. Buffering is provided for high activity level buildings or structures, such as hot tubs, swimming pools and tennis courts to mitigate the adverse visual and noise impacts.

3. Accessory Uses. Permitted accessory uses include home occupations pursuant to the home occupation regulations, firewood storage in the rear yard when a valid fireplace permit is held, ski surface parking as limited by parking regulations, private outdoor projection systems onto the wall of a building to show movies or other media that are not visible from a public way or adjoining lot (buffering required), and other similar uses.

4. Further Subdivision Prohibited and Rezoning Limited. A single-family lot may not be further subdivided and additional density may not be transferred onto a single-family lot by the Rezoning Process or otherwise. This prohibition does not prohibit lot line adjustments, lot line vacations or correction plats, which do not create additional lots. Single-family lots may only be rezoned to the Passive Open Space District.

5. Accessory Dwelling Unit. Accessory dwelling units are permitted in the Single-Family Zone District provided such units shall:

a. Only be allowed if the primary single-family dwelling unit exists or is constructed concurrently;

b. Comply with the design regulations;

c. Have the following floor area limitations:

i. A maximum of eight hundred (800) square feet of floor area if the primary single-family dwelling unit on the lot is four thousand (4,000) square feet or less of floor area; and

ii. If the primary single-family dwelling unit is in excess of four thousand (4,000) square feet, the accessory dwelling unit is limited to twenty percent (20%) of the floor area of the primary single-family dwelling unit or one thousand five hundred (1,500) square feet of floor area, whichever is less;

d. Be physically attached (roof forms and foundation) to the primary single-family dwelling unit if the lot is less than or equal to 0.75 acres. Lots that are greater than 0.75 acres may develop an accessory dwelling unit that is detached from the main single-family dwelling unit;

e. Provide separate access to the unit, a kitchen facility separate from the main single-family dwelling unit, and off-street parking as required by the design regulations. A common entrance can alternatively be provided; and

f. Be located on a lot so as to minimize visual impacts to existing buildings on lots immediately adjacent to the proposed unit to the extent practical;

g. Notwithstanding the foregoing, an ADU shall not be permitted in any portion of a Single-Family Zone District that does not have year-round access via passenger car or light truck;

h. Not be used as a short term accommodation as defined in Chapter 17.8.

1. Permitted Uses. Detached single-family condominium dwelling units are permitted in the Single-Family Common Interest Community Zone District provided:

a. The official land use and density allocation list shows the lot to currently have condominium density, and such area has already been platted as a condominium community with owners now desiring to convert to a common interest community;

b. Three (3) or more single-family units are located in the same common interest community;

c. The detached single-family condominium dwellings are located in a common interest community;

d. The common interest community contains common elements such as parking areas, roads, tennis courts, driveways or amenity areas;

e. The Town has reviewed and approved concurrent rezoning and subdivision plat development applications to create the single-family common interest community, with one hundred percent (100%) of all owners participating in the subdivision and rezoning processes;

f. The detached single-family dwellings meet the design regulations for single-family dwellings; and

g. A plat note and development agreement related to the concurrent subdivision approval prohibiting lot line vacations and lot line adjustments that would allow for a larger home than the original condominium subdivision would have allowed based on the application of the requirements of the CDC.

2. Accessory Buildings. Permitted accessory buildings or structures include hot tubs, saunas, swimming pools, gazebos, art, outdoor kitchens, play equipment, fire pits, tennis courts and typical court fencing, ski tramways approved pursuant to the Conditional Use Permit Process, fenced dog areas and other similar uses. Storage buildings are expressly prohibited.

a. All accessory buildings or structures shall be located in the rear yard to the extent practical.

b. Accessory buildings or structures shall not exceed five hundred (500) square feet in size or floor area, as applicable.

c. Buffering is provided for high activity level buildings or structures, such as hot tubs, swimming pools and tennis courts to mitigate the adverse visual and noise impacts.

3. Accessory Uses. Permitted accessory uses include home occupations pursuant to the home occupation regulations, firewood storage in the rear yard when a valid fireplace permit is held, surface parking to meet the parking regulations, private outdoor projection systems onto the wall of a building to show movies or other media that are not visible from a public way or adjoining lot (buffering required), and other similar uses. Accessory dwelling units are expressly prohibited.

4. Accessory Dwelling Unit (ADU). Accessory dwelling units are allowed within a single-family detached condominium dwelling unit (not a multifamily building). The ADU is an accessory use and ancillary to the primary use. Such dwelling units shall:

a. Only be allowed if the primary detached condominium dwelling unit exists or is constructed concurrently;

b. Comply with the design regulations;

c. Have the following floor area limitations:

i. A maximum of eight hundred (800) square feet of floor area if the detached condominium dwelling unit is four thousand (4,000) square feet or less of floor area; and

d. Be contained wholly within the detached condominium dwelling or must have a minimum of ninety percent (90%) of the combined length of its first floor exterior walls shared with the principal structure;

f. Be located so as to minimize visual impacts on the lot and on lots immediately adjacent to the proposed unit to the extent practical;

g. Notwithstanding the foregoing, an ADU shall not be permitted in any portion of a Single-Family Common Interest Community Zone District that does not have year-round access via passenger car or light truck;

h. Not be used as a short term accommodation as defined in Chapter 17.8.

1. Permitted Uses. Lots in the Village Center Zone District shall be used for the construction of multifamily dwellings, including lodge units, efficiency lodge units, condominium units, workforce housing units, hotel units, hotel efficiency units, commercial uses, resort support uses, conference uses, plaza uses, special events, tramways, ski resort uses and other similar uses. Lots may also be used for a surface parking lot pursuant to the Conditional Use Permit Process.

2. Accessory Buildings or Structures. Permitted accessory buildings or structures include hot tubs, saunas, swimming pools, plaza uses and other similar uses. Storage buildings are expressly prohibited.

3. Accessory Uses. Permitted accessory uses include home occupations pursuant to the home occupation regulations, and other similar uses.

a. Limitations:

i. The following are the only uses permitted to be fronting onto the plaza level in a primary plaza area or a primary pedestrian route:

(a) Retail stores and establishments;

(b) Restaurants and bars; and

ii. No offices or dwelling unit shall be operated or located in a plaza level space that is fronting onto a primary plaza area or a primary pedestrian route unless:

(a) A conditional use permit development application is approved that allows an office use for a limited duration; or

(b) The Town approves a PUD that allows for either an office or a dwelling.

iii. For all other plaza areas in the Village Center, commercial and office uses are allowed on the plaza level, and dwelling units are only permitted by requesting such as part of a PUD or a conditional use permit development application.

iv. All offices, businesses and services permitted by this section shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and plaza uses permitted by the Public Works Department.

v. When less than 50% of a building façade on plaza level space is not directly abutting a primary plaza area or a primary pedestrian path, and the main door of such space is located outside one of these areas, the space may be used for other permitted commercial uses.

5. Uses Kept Primarily in the Building. All uses permitted by this section shall be operated and conducted entirely within a building except for exterior uses permitted by this CDC.

a. Lot line perimeters of building footprint lots in the Village Center Zone District are permitted to increase or decrease in size, pursuant to the Subdivision Process, by up to twenty-five percent (25%) of the platted square footage of the lot provided the resulting replat:

i. Does not negatively impact and accentuates the pedestrian areas;

ii. Considers impacts on sun and shade in the surrounding plaza areas;

iii. Provides a building design in compliance with the design regulations;

iv. Considers and mitigates any impact caused by the lot line adjustment on neighboring properties; and

v. Removes the “TF” designation on the recorded plat.

b. Notwithstanding the foregoing, a building footprint lot may also be increased or decreased pursuant to the PUD Process without limitation provided the PUD regulations and other applicable CDC requirements are met.

7. Required Improvements for Adjacent Public Areas. All new development on lots within the Village Center shall be required to construct improvements that enhance and improve the adjacent open space, Town plaza areas and common area, as applicable.

a. The required improvements shall extend thirty (30) feet from the building dripline and/or encompass the area of disturbance, whichever is greater.

b. Open space areas shall be enhanced as determined by the review authority by additional landscape plantings, appropriate revegetation and/or the creation of new Town plaza areas and/or trails and other improvements as envisioned in the Comprehensive Plan.

c. Town plaza areas shall be improved with new or repaired paver systems and landscaping as determined by the Town, having as a goal the enhancement and improvement of Town plaza areas consistent with the design regulations.

d. Unless otherwise determined by the Town to be unnecessary or unwanted, snowmelt systems shall be required to be installed by the developer and operated and maintained by the subsequent lot owner(s) for all new or improved Town plaza areas unless such areas are landscaped with planting beds or other landscaping that does not necessitate snow melting.

e. Design and construction specifications shall be reviewed and approved by applicable Town departments consistent with this CDC and applicable industry construction standards.

f. Adjacent plaza area improvements shall be maintained by the development’s owners’ association. Any such maintenance responsibilities shall be specifically set forth in the development agreement as well as the governing documents of the owners’ association.

g. The developer shall obtain adjacent property owner permission when the adjacent areas to be improved and maintained are owned by a third party, nontown entity.

1. Permitted Uses. Permitted uses include all of the land uses envisioned in the Comprehensive Plan, including but not limited to multifamily dwellings, hotbed development, commercial development, recreational facilities and other similar uses.

2. Accessory Buildings or Structures. Permitted accessory buildings or structures include hot tubs, saunas, swimming pools and other similar uses. Storage buildings are expressly prohibited.

3. Accessory Uses. Permitted accessory uses include home occupations pursuant to the home occupation regulations, and other similar uses.

4. Plaza Level Use Limitation. The plaza level use limitations shall be the same as provided for in the Village Center Zone District, except the PUD may request other uses otherwise prohibited by the plaza level use limitations.

5. Uses Kept Primarily in the Building. All land uses permitted by this section shall be operated and conducted entirely within a building except for exterior uses permitted by this CDC.

6. Required Improvements for Adjacent Public Areas. The required improvements for adjacent public areas shall be the same as for the Village Center Zone District. (Ord. No. 2022-01 §2 (Exh. A)).