A.

Abbreviations.

1.

R/MF, single-family and multifamily residential district.

2.

C/R, commercial retail district.

B.

The boundaries of these districts shall be located as shown on the Burning Mountain planned unit development (Phase II) final plat.

(Prior code § 13-26-010)

A.

Permitted uses:

1.

Single-family dwelling;

2.

Multifamily dwelling;

3.

Condominium (subject to subdivision approval pursuant to the New Castle Municipal Code);

4.

Public or private open space;

5.

Public or private park and recreational uses, noncommercial;

6.

Home occupation for the conduct of businesses that do not involve public visitors or employees at the home, large, frequent, or extraordinary deliveries, or extra signs;

7.

Public utilities, underground;

8.

Accessory uses, including project maintenance facilities.

B.

Special review uses:

1.

One office trailer and up to two live-in trailers for construction workers only during construction of a permitted development. Any conditional use permit approving such special review uses shall be granted for no longer than one (1) year without further review by the town.

2.

Uses not specifically identified under permitted uses that would be compatible with permitted uses.

C.

Minimum lot area:

1.

Single-family: six thousand (6,000) square feet;

2.

Multifamily/condominiums: none.

D.

Minimum building setbacks:

1.

From Castle Valley Boulevard right-of-way: twenty-five (25) feet.

2.

From all other property lines: twenty (20) feet.

E.

Maximum building height: thirty-seven (37) feet from the lowest floor elevation to the peak of the roof.

F.

Minimum off-street parking: two spaces per dwelling unit.

G.

Minimum open space:

1.

Single-family: thirty (30) percent;

2.

Multifamily/condominiums: fifty (50) percent.

Open space includes lawns, landscaped areas, natural areas and public or private trails and recreation areas. Open space does not include buildings, accessory buildings, driveways, or parking areas.

(Prior code § 13-26-020)

A.

Permitted uses:

1.

Retail: sale of food, beverages, gasoline, dry goods, furniture, appliances, hardware, clothing, automotive parts, office for conduct of a business or profession, real estate, insurance agency, library, public building;

2.

Personal services: barber shop, beauty salon, laundromat, photo studio, shoe repair, tailor shop, office supplies, pharmacy, bank, gravel extraction and sale (subject to limitations in the subdivision improvements agreement for Burning Mountain PUD (Phase II));

3.

Recreational services: restaurant (with or without bar), hotel, motel, private club, movie theater, travel agency, parks and playgrounds, and temporary gravel mining and crushing during the 1996 year only.

B.

Special review uses:

1.

Medical or dental clinic;

2.

All other uses not specifically identified under permitted uses.

C.

Minimum property line setbacks:

1.

Front: fifteen (15) feet;

2.

Side and rear:

a.

Two feet if adjacent to a lot zoned C/R,

b.

Five feet if not adjacent to a lot zoned C/R.

D.

Minimum lot size: fourteen thousand five hundred (14,500) square feet.

E.

Maximum building height: thirty (30) feet.

F.

Maximum building stories: two stories (basement excluded).

G.

Landscaping:

1.

All new developments or establishments shall provide a landscaping plan for approval by the town council.

2.

Minimum landscaped area shall be five percent of the total lot(s) area to include landscaping within the parking lot area of twenty (20) square feet, or three square feet per parking space, whichever is larger; the parking area landscaping shall not disrupt vision or safety.

H.

Provisions.

1.

All sales and services shall be conducted within a building.

2.

No odor, noise, dust, glare and vibration shall project beyond the site.

3.

Loading and unloading of materials shall be conducted on site of the establishment or in an approved loading zone.

I.

Off-Street Parking. No on-street parking shall be permitted.

(Prior code § 13-26-030)

A.

Permitted Uses.

1.

Retail sales: of food, beverages, dry goods, furniture, appliances, hardware, clothing, automotive parts.

2.

Office for conduct of business or profession: real estate, insurance agency, library, public building.

3.

Personal services: barbershop, beauty salon, laundry and laundromat, photo studio, shoe repair, tailor shop, office supplies, pharmacy, bank.

4.

Recreational services: bowling alley, restaurant (with or without bar), movie theater, travel agency, outdoor recreational amenities including volleyball courts and horseshoe pits, parks and playgrounds.

B.

Special Review Uses. All uses not specifically identified under the permitted uses.

C.

Provisions. All sales and services shall be conducted within the confines of a building. No odor, noise, dust, glare or vibration shall project beyond the site. Loading and unloading of materials shall be conducted only on the site of an established or approved loading/unloading zone.

D.

Minimum Property Line Set Backs.

1.

Lots C9A, C9B, and C9C.

Front: zero foot.

Side and Rear: zero foot.

2.

Lot C9D.

Front: twenty (20) feet (as indicated on final re-subdivision plat).

Side and Rear: zero foot.

E.

Minimum lot size: eight thousand (8,000) square feet.

F.

Maximum building height: thirty (30) feet.

G.

Off-Street Parking. No on street parking shall be permitted.

Parcel A:

Permitted Uses. The installation, maintenance, repair and replacement of roadways, parking lots, drainage structures and ways, or utilities and use thereof.

Special Review Uses. Any temporary uses that exceed five days in duration.

Temporary Uses. Special events such as farmers markets, community bazaars, and similar events of a temporary nature, not to exceed five days in duration, may be allowed subject to the review and written approval of the town administrator or his/her designee. The town administrator's review and approval shall be based upon, but not limited to, the following criteria:

1.

Vehicle and pedestrian ingress/egress and circulation;

2.

Refuse collection and disposal;

3.

Provision for utilities (if needed);

4.

Toilet facilities;

5.

Public safety.

(Ord. 2005-6 § 4)