Salida City Zoning Code

(a)

Purpose. This Article identifies the land uses allowed in Salida's zoning districts and establishes standards that apply to certain uses with unique characteristics or impacts.

(b)

Organization.

(1)

Section 16-3-20 lists land uses allowed by district and provides cross-references to applicable use-specific standards.

(2)

Section 16-3-30 establishes use-specific standards applicable to specific land uses.

(3)

Section 16-3-30(f) establishes standards applicable to accessory uses and structures.

(4)

Section 16-3-30(g) establishes standards applicable to temporary uses and structures.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Explanation of Table 3-A Abbreviations.

(1)

Uses Permitted by Right. "P" in a cell indicates that the use is permitted in the respective zoning district per Subsection 16-8-50(a)(2). These uses may require building permits and other approvals and are subject to all other applicable regulations of the Code, including any listed use-specific standards. Confirm requirements with the Planning Department.

(2)

Uses Requiring a Minor Site Plan Approval. "P*" in a cell indicates that the use is only permitted in the respective zoning district with approval of a Minor Site Plan per Subsection 16-8-50(a).

(3)

Uses Requiring a Major Site Plan Approval. "M" in a cell indicates that the use is only permitted in the respective zoning district with approval of a Major Site Plan per Subsection 16-8-50(b).

(4)

Uses Requiring a Conditional Use Permit Approval. "C" in a cell indicates that the use is only permitted in the respective zoning district with approval of a Conditional Use Permit per Subsection 16-8-50(c).

(5)

Prohibited Uses. "N" in a cell indicates that the use is prohibited in the respective zoning district.

(6)

Use-Specific Standards. Regardless of how a use is permitted, additional standards may be applicable to that use. Use-specific standards are identified and cross-referenced in the last column of Table 3-A. All uses, whether or not subject to use-specific standards, may require building permits and other approvals and are subject to all dimensional, development, and other applicable regulations of the Code.

(b)

Table Organization. In Table 3-A, land uses and activities are classified into general use categories and specific use types based on common functional, product, or physical characteristics such as the type and amount of activity, the volume of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each use category. Certain uses may be listed in one (1) category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended as an indexing tool and are not regulatory.

(c)

Use for Other Purposes Prohibited. Approval of a use listed in Table 3-A, and compliance with the applicable use-specific standards for that use, authorizes that use only. Buildings and structures shall not be erected, altered, or enlarged except for the uses listed in Table 3-A. All other uses not specifically listed are prohibited and shall be unlawful unless the Director has determined an appropriate use type for the unlisted use pursuant to the procedure in Subsection 16-3-20(d), below.

(d)

Classification of New and Unlisted Uses. The following procedure shall apply if an application is submitted for a use type that is not specifically listed in Table 3-A. Submission and approval of such an application shall be required prior to approval of any other permit or development approval associated with the use.

(1)

Director Determination of Appropriate Use Type. The Director shall determine the appropriate use type for the proposed use. In making such determination, the Director shall consider similarities to uses that are specifically listed and the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, or storage; and typical operations, employment characteristics, nuisances, requirements for public utilities, and transportation requirements.

(2)

Uses and Use-Specific Standards Requiring a Code Text Amendment. In making a determination on a new or unlisted use, the Director may determine that such new or unlisted use requires a text amendment of this Code. The Director may also determine that Code text amendments for additional use-specific standards are necessary to reduce potential impacts to surrounding properties or the community. Code text amendments shall follow the procedures in Subsection 16-8-40(c), Code Text Amendment.

(3)

Appeal of Director's Determination. An appeal of the Director's determination shall be made pursuant to the procedures in Subsection 16-8-70(c), Appeals.

(e)

Table of Allowed Uses.

Table 3-A: Table of Allowed Uses

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

General Applicability.

(1)

The use-specific standards listed in this Section shall apply to those uses listed on the same line of the Table 3-A, regardless of their respective level of permission. All uses are defined in Section 16-10-20, Definitions of Use Categories and Use Types.

(2)

These use-specific standards cannot be modified through the conditional use permitting process, but relief may be granted through the variance procedure established in Subsection 16-8-70(b).

(3)

In case of a conflict between these use-specific standards and the standards in Article 16-4, Development and Design Standards, these use-specific standards shall apply unless otherwise noted.

(4)

All uses, whether or not subject to use-specific standards, may require building permits and other approvals and are subject to all dimensional, development, and other applicable regulations of the Code.

(b)

Residential Uses.

(1)

Dwelling, Single-Family (Detached). In the MD District, a single-family dwelling is only allowed as part of a mixed-use building and shall meet all applicable requirements of this Code, including those of the Salida Downtown Historic District.

(2)

Dwelling, Single-Family (Multiple Principal).

a.

Design and Layout.

1.

Each principal structure shall have its own municipal services, including water and sewer, in accordance with Chapter 13.

2.

All development shall meet minimum density requirements.

3.

In the R1 District, no more than two (2) principal dwellings are permitted per lot.

4.

In the MD District, two (2) single-family dwellings are only allowed as part of a mixed-use building and shall meet all applicable requirements of this Code.

b.

Location and Access.

1.

Required parking shall be provided on the site.

2.

Access shall be consolidated to reduce curb cuts and shall be provided through alleys where available.

(3)

Dwelling, Townhouse. In the R1 District, no more than two (2) principal dwellings are permitted per lot.

(4)

Dwelling, Co-Housing/Cottage Housing.

a.

Design and Layout.

1.

The maximum size of each co-housing or cottage housing unit is one thousand five hundred (1,500) square feet of conditioned living space.

2.

A shared open space containing a minimum of ten percent (10%) of the project area shall be provided.

3.

Underlying zoning district lot size and setback requirements shall apply to the project site boundaries as a whole, but not to individual dwellings, unless dwellings are on individual lots.

4.

Each detached dwelling unit shall be subject to Building Code separation requirements.

5.

Each dwelling unit shall be on a permanent foundation and shall connect separately to public water and sanitary sewer, regardless if they are on individual lots or not.

6.

One (1) accessory storage structure less than two hundred (200) square feet may be permitted per unit. In addition, one (1) accessory storage structure less than six hundred (600) square feet may be permitted as a shared maintenance storage facility for the co-housing project. Said structure shall be enclosed on all sides and separated from other structures by a minimum of five (5) feet.

b.

Location and Access.

1.

Access drives within a co-housing or cottage housing development shall be constructed to City standards.

2.

Parking and access drives shall be designed to limit curb cuts and most efficiently park vehicles.

c.

Operation and Ownership.

1.

Co-housing/cottage housing projects may be organized as subdivisions, condominiums, cooperatives, or other forms allowed by state law.

2.

New developments shall enter into a development agreement with the City requiring the condominium or other property owner's association to maintain all streets, utilities, and infrastructure that is not dedicated to and accepted by the City.

3.

Co-housing/cottage housing dwelling units shall not be used as a short-term rental as defined by Article 16-10.

(5)

Dwelling, Live/Work.

a.

Residential areas shall be located on upper floors above nonresidential areas, or in the rear of the building behind nonresidential areas (no more than fifty percent (50%) of the ground floor).

b.

The nonresidential use shall be owned and operated by a resident of the live-work dwelling unit.

(6)

Manufactured/Mobile Home.

a.

A single- or multi-unit manufactured or mobile home (built to HUD code standards, and not including modular or other homes built to IRC standards) outside of a manufactured home park shall comply with the standards of the underlying zone district, except as otherwise specified in this Code.

b.

A manufactured or mobile home may be replaced if already existing in any zone district, as long as the replacement conforms to the dimensional standards for that zone.

(7)

Manufactured/Mobile Home Park.

a.

Applicability.

1.

Any four (4) or more manufactured/mobile homes (HUD code) on a single lot of record shall be considered a manufactured home park.

2.

New manufactured/mobile home parks shall comply with the standards of the underlying zone district, except as otherwise specified in this Code.

3.

Any existing manufactured/mobile home park that alters the adopted plan shall bring the entire plan into conformance with this Code.

b.

Design and Layout.

1.

A manufactured/mobile home park shall not exceed the maximum allowable density of the respective zoning district.

2.

All manufactured/mobile homes and accessory structures shall have a minimum setback of ten (10) feet from the boundaries of the manufactured home park.

3.

All manufactured/mobile homes shall have a minimum setback of ten (10) feet from any other manufactured/mobile home. All accessory structures shall have a minimum setback of six (6) feet from any other structure.

4.

A shared open space containing a minimum of ten percent (10%) of the manufactured/mobile home park area shall be provided. The open space shall be improved and designed for recreation and shall not include any roadways, private space, storage area, or natural hazard area.

5.

One (1) accessory storage structure less than two hundred (200) square feet may be permitted per manufactured/mobile home. Outdoor storage is prohibited. In addition, one (1) accessory storage structure less than six hundred (600) square feet may be permitted as a shared maintenance storage facility for the manufactured/mobile home project. Said structure shall be enclosed on all sides and separated from other structures per Building Code requirements.

6.

No manufactured/mobile home shall be located within a one hundred-year floodplain. Manufactured/mobile home parks shall be drained, graded, and surfaced to facilitate drainage and prevent erosion, and shall be free from depressions in which water collects and stagnates, other than approved on-site retention facilities.

c.

Location and Access.

1.

Parking.

a)

The guest parking spaces required by Table 4-B: Off-Street Parking Spaces Required, shall be provided in a common parking area.

b)

No manufactured/mobile home shall be located so that any part of such unit will obstruct any roadway or walkway in the development.

c)

No manufactured/mobile home shall be occupied unless the unit is located on an approved unit space.

2.

Access.

a)

Internal roadways shall provide access to each manufactured/mobile home and parking area, unless otherwise approved by Public Works Director, and shall be privately owned and maintained.

b)

The entrance to the manufactured/mobile home park shall be from a public road, at least one hundred fifty (150) feet from any public street intersection, unless otherwise approved by the Public Works Director, and at least twenty (20) feet in width.

d.

Operation and Ownership.

1.

Utilities.

a)

Each manufactured/mobile home dwelling unit within a manufactured/mobile home park shall connect at minimum to public water, electrical, and sanitary sewer, generally via private utility lines.

b)

All utilities, except major power transmission lines, shall be placed underground.

2.

Replacement of Manufactured Homes.

a)

Replacement manufactured/mobile homes shall meet the National Manufactured Home Construction and Safety Standards Act of 1974 (HUD Code).

b)

A conforming manufactured home within a nonconforming manufactured home park may be replaced with another manufactured home if the replacement manufactured home does not result in an increase in the degree of nonconformity of the manufactured home park.

(8)

Group Home, Large.

a.

A large group home may be established in any residential zoning district or portion of a mixed-use zoning district or PD district that permits multi-family residential dwellings, provided that they meet the definition of large group home in Section 16-10-20, and are located in zoning districts where facilities of that size are allowed pursuant to Table 3-A, and subject to the licensing requirements of the State and the City of Salida.

b.

A large group home shall comply with all applicable local, State, or Federal health, safety, fire, and building codes.

(9)

Group Home, Small.

a.

A small group home may be established in any residential zoning district or portion of a mixed-use zoning district or PD district that permits any type of residential dwelling, provided that they meet the definition of small group home in Section 16-10-20, and are located in zoning districts where facilities of that size are allowed pursuant to Table 3-A, and subject to the licensing requirements of the State and the City of Salida.

b.

A small group home shall comply with all applicable local, State, or Federal health, safety, fire, and building codes.

(10)

Recreational Vehicle (Long-Term Occupancy).

a.

Except as otherwise provided for in this Section, visiting recreational vehicles (not those parked by property owner) may be occupied for residential use for no more than five (5) days on private property within a thirty-day period. Otherwise, recreational vehicles shall be used for residential use only when permitted by an approved minor site plan in accordance with this Chapter or when located within a lawful mobile home park or recreational vehicle park. Occupancy of a recreational vehicle for residential use in excess of this limit shall be deemed a long-term occupancy of such vehicle and shall only be permitted by an approved minor site plan in designated zone districts in accordance with the standards of such underlying zone district and as specified herein.

b.

Recreational vehicle (long-term occupancy) shall only be permitted if the following standards are met:

1.

All long-term occupancy recreational vehicles shall have a minimum square footage of one hundred twenty (120) square feet and hard-sided exteriors but shall not exceed twenty-six (26) feet in length.

2.

The minimum setbacks for long-term occupancy recreational vehicles shall meet the standards for a primary structure in the underlying zone district. Additionally, no portion of a long-term occupancy recreational vehicles may be located between a primary building or structure and the front lot line.

3.

Long-term occupancy recreational vehicles shall be separated from each other and from other structures by at least ten (10) feet. Any accessory structure such as attached awnings or carport shall be considered part of the recreational vehicle for purposes of this requirement.

4.

Only one (1) access shall be granted to a site with long-term occupancy recreational vehicles. The access point must be from an alley where alley access is available.

5.

Every long-term occupancy recreational vehicle shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located as prescribed by the Fire Marshal, with reference to the City's standards and fire codes.

6.

Long-term occupancy recreational vehicles shall not be used as a short-term rental as defined by Article 16-10, Rules of Construction and Definitions.

7.

No more than one (1) long-term occupancy recreational vehicle may be permitted per lot.

8.

The standards of Section 16-4-20(c)(6)d.5, Recreational Vehicles, are met, if applicable.

(c)

Public, Institutional, and Civic Uses.

(1)

Day Care (Adult and Center).

a.

Location and Access.

1.

In addition to any parking required for other uses of the property, a minimum of one (1) off-street parking space shall be provided for nonresident employees.

2.

One (1) designated off-street drop-off/pick-up space shall be provided for every four (4) children or clients and shall be available during operating hours for loading and unloading of children and clients.

b.

Operation and Ownership.

1.

The facility shall be licensed by the State and comply with all applicable State codes.

2.

The hours of operation for the day care may be restricted in residential neighborhoods to limit adverse impacts of noise and traffic on neighboring properties.

(2)

Day Care Home.

a.

Shall meet all certification and licensing requirements of the State of Colorado.

b.

Shall be operated by a person who resides in the same dwelling where childcare is provided.

c.

Shall not serve more than fourteen (14) children, or as limited by State law.

(d)

Commercial Uses.

(1)

Kennel.

a.

Design and Layout.

1.

Areas of the facility dedicated to animal boarding shall be fully enclosed and secured and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.

2.

Outdoor activity areas of animal care facilities shall be located and designed to minimize impacts on surrounding properties.

b.

Location and Access. Outdoor activities shall not be located within three hundred (300) feet of a lot in a residential zoning district. Indoor activities shall not be located within one hundred (100) feet of a lot in a residential zoning district (measured from the residentially zoned lot line to the closest building site).

c.

Operation and Ownership. Between the hours of 7:00 p.m. and 7:00 a.m., all boarding and activities shall occur indoors.

(2)

Veterinary Clinic or Veterinary Hospital. Veterinary clinics or veterinary hospitals with outdoor activity areas shall comply with the standards for outdoor activity established for kennels.

(3)

Bed and Breakfast.

a.

Bed and breakfast lodging shall not be allowed in any dwelling unit(s) permitted as an accessory dwelling unit.

b.

The establishment shall be owner-occupied. That owner shall also be the on-site manager and shall be onsite while lodgers are present.

c.

No cooking facilities such as stoves, hot plates, or microwave ovens shall be provided in the guest rooms.

(4)

Short-Term Rental. To ensure that the rental of private dwelling units as short-term rentals does not result in adverse impacts to the quality of residential neighborhoods due to excessive noise, parking congestion, and overcrowding and the availability of dwelling units for long term rentals, the following standards shall apply:

a.

Location and Access.

1.

Short-term rentals may be allowed via administrative review in the following zone districts: R1, R2, R3, MN, MC, MH, MD, and AG. The maximum number of short-term rentals in each zone district shall not exceed the caps set forth in Chapter 6, Article VI, of this Code. Permitted short-term rentals in existence at the time of the adoption of this Section shall be included in the calculation of the maximum number of units allowed. In the event the maximum number has been met, no new applications for short-term rentals will be accepted. If a waiting list for short-term rentals in the residential zones exists, new permits, once available, will be issued based on the ability of the applicant to comply with the conditions in this Section and the licensing requirements in Chapter 6, Article VI, of this Code on a first-come, first-served basis.

2.

In the R1, R2, and R3 districts, no more than one (1) short-term rental is permitted per street segment, which includes the dwelling units on both sides of the street. If the definition of the street segment is in question, the Director will determine the extent.

3.

Planned Developments shall be subject to the caps and restrictions of the underlying zone district unless specifically noted as a deviation to the Code within the approved Planned Development plan and/or noted in Chapter 6, Article VI, of this Code.

b.

Registration and Licensing.

1.

Short-term rentals shall comply with Chapter 6, Article VI of this Code, which establishes the conditions under which a property owner may apply for a short-term rental business license.

2.

A separate short-term rental license is required for each short-term rental property. The permit shall be issued only to the owner of the short-term rental property. No more than one (1) short-term rental permit is permitted per property owner, which for these purposes shall be considered the person controlling a corporate owner. All short-term rental permits shall be granted solely to the applicant at the address for which the permit is issued and shall not be transferable to any other person or legal entity or property. The owner of the short-term rental is responsible for compliance with the provisions of this Section and Chapter 6, Article VI pertaining to short-term rental licensing.

3.

Properties that cannot comply with the criteria set forth in this Section and in Chapter 6, Article VI of this Code may appeal the decision of the Director per Section 16-8-70(c), Appeals.

c.

Operation and Ownership.

1.

Short-term rentals are not permitted in rental apartment units at any time in any zone district, except for the MD district.

2.

Short-term rentals are not permitted in accessory dwelling units at any time in any zone district.

3.

Each short-term rental unit shall have a clearly visible notice posted within the unit that includes the following:

a)

Contact information for the property management;

b)

The short-term rental business license number issued by the City;

c)

Contact information for emergencies;

d)

Location of fire extinguishers and fire escape routes;

e)

The maximum permitted sleeping occupancy;

f)

The maximum number of persons permitted in the unit at any time;

g)

The location for parking vehicles and the maximum number of parked vehicles permitted for the unit;

h)

Alternative parking locations for extra vehicles, trailers, and campers;

i)

Requirements for smoking;

j)

Method and timing of trash disposal;

k)

Snow removal instructions;

l)

Notice to keep noise to a minimum between 10:00 p.m. and 7:00 a.m.;

m)

The total number of bedrooms; and

n)

Policy regarding pets.

4.

Quiet hours shall be observed between the hours of 10:00 p.m. and 7:00 a.m.

5.

No short-term rental shall be operated in such a way as to constitute a nuisance.

6.

The maximum number of bedrooms and occupants permitted in a short-term rental shall be established at the time of initial unit licensing. Events, such as concerts and wedding events, are prohibited.

7.

The designated parking for vehicles of short-term rental guests shall be addressed at the short-term rental application and licensing stage, and shall meet the off-street parking standards identified in Table 16-J. In the MD district, parking requirements that cannot be met onsite shall be met through compliance with Subsection 16-4-70(e)(3), Fee-in-lieu for Parking within the MD district.

(5)

Medical Marijuana Store.

a.

Any medical marijuana store shall be operated from a permanent and fixed location. No medical marijuana center shall be located in a movable, mobile, or transitory location.

b.

No medical marijuana store shall be located within one thousand (1,000) feet of another medical marijuana store. Distance shall be calculated using the standard established in the Colorado Medical Marijuana Code.

c.

No medical marijuana center or retail marijuana store shall be located within one thousand (1,000) feet of a school or daycare. Distance shall be calculated using the standard established in the Colorado Medical Marijuana Code.

(6)

Retail Marijuana Store.

a.

Any retail marijuana store shall be operated from a permanent and fixed location. No retail marijuana center shall be located in a movable, mobile, or transitory location.

b.

No retail marijuana store shall be located within one thousand (1,000) feet of another retail marijuana store. Distance shall be calculated using the standard established in the Colorado Medical Marijuana Code.

c.

No retail marijuana center or retail marijuana store shall be located within one thousand (1,000) feet of a school or daycare. Distance shall be calculated using the standard established in the Colorado Medical Marijuana Code.

(7)

Adult Entertainment.

a.

Design and Layout.

1.

Exterior doors shall remain closed during business hours.

2.

All materials, projections, entertainment, sounds, or other activities involving or depicting sexual activities or sexual anatomical areas shall not be visible or audible from off-premises areas or from portions of an establishment accessible to minors.

3.

Advertisements, displays, or other promotional materials depicting sexual activities or sexual anatomical areas shall not be visible from any public or semi-public area.

4.

All building openings, entries, and windows shall be located, covered, or screened to prevent the interior from being viewed from any public or semi-public area.

b.

Location and Access.

1.

Adult entertainment establishments shall not be located within one thousand (1,000) feet of another adult entertainment establishment, measured from the nearest exterior wall of the proposed adult entertainment establishment to the nearest exterior wall of any other adult entertainment establishment.

2.

Adult entertainment establishments shall not be located within two hundred fifty (250) feet of the following protected uses, measured from the nearest exterior wall of the proposed adult entertainment establishment to the nearest lot boundary of the protected use, provided such protected use is established on or before the date the application for the proposed adult entertainment establishment is filed:

a)

Day care homes and day care centers; or

b)

Schools.

3.

Adult entertainment establishments shall not be located within two hundred (200) feet of the following zoning district boundaries: R1, R2, R3, MMP, MN, OS, or CF, measured from the nearest exterior wall of the proposed adult entertainment establishment to the nearest edge of the zoning district boundary.

c.

Operation and Ownership.

1.

No licensee, manager, or employee serving food or drinks or mingling with the patrons shall be nude or in a state of nudity.

2.

Separate restroom facilities shall be provided for employees and independent contractors that shall only be accessible by employees and independent contractors.

3.

No licensee, manager, or employee shall encourage or knowingly permit any person, including patrons, to engage in prohibited sexual activities on the premises. Such conduct is unlawful and shall be subject to penalties, as set forth in Section 16-1-70, Enforcement, of this Code and Chapter 1, Article IV (General Penalty), of this Code.

4.

Adult entertainment establishments shall be closed to the public between the hours of 1:00 a.m. and 11:00 a.m.

5.

No one under eighteen (18) years of age, including patrons, licensees, managers, employees, agents, and independent contractors, shall be admitted into any adult entertainment establishment. In establishments where is served, all relevant City, State and Federal liquor regulations shall apply.

6.

Any person who operates or causes to be operated an adult entertainment establishment without a valid license issued pursuant to Chapter 6, Article VIII (Adult Entertainment Establishments), of this Code or who violates any provision of this Section commits unlawful conduct and shall be subject to an injunction, civil penalties, and criminal penalties, as set forth in Section 16-1-70, Enforcement, of this Code and Chapter 1, Article IV (General Penalty), of this Code.

7.

Each day of operation in violation of any provision of this Section shall constitute a separate offense.

(8)

Adult Bookstore/Novelty.

a.

Design and Layout.

1.

Exterior doors shall remain closed during business hours.

2.

All materials, projections, sounds, or other activities involving or depicting sexual activities or sexual anatomical areas shall not be visible or audible from off-premises areas or from portions of an establishment accessible to minors.

3.

Advertisements, displays, or other promotional materials depicting sexual activities or sexual anatomical areas shall not be visible from any public or semi-public area.

4.

All building openings, entries, and windows shall be located, covered, or screened to prevent the interior from being viewed from any public or semi-public area.

b.

Location and Access.

1.

Adult bookstores, adult novelty shops and adult video stores shall not be located within two hundred (200) feet of the following protected uses, measured from the nearest exterior wall of the proposed adult bookstore, adult novelty shop and adult video store to the nearest lot boundary of the protected use, provided such protected use is established on or before the date the application for the proposed adult bookstore, adult novelty shop and adult video store is filed:

a)

Day care homes and day care centers; or

b)

Schools.

2.

Adult bookstores, adult novelty shops, and adult video stores shall not be located within one hundred fifty (150) feet of the following zoning district boundaries: R1, R2, R3, MMP, OS, or CF measured from the nearest exterior wall of the proposed adult bookstore, adult novelty shop and adult video store to the nearest edge of the zoning district boundary.

c.

Operation and Ownership.

1.

Adult bookstores, adult novelty shops and adult video stores shall be closed to the public between the hours of 1:00 a.m. and 9:00 a.m.

2.

No one under eighteen (18) years of age, including patrons, managers, employees, agents, and independent contractors, shall be permitted within any adult bookstore, adult novelty shop or adult video store. Should a conventional bookstore, or any retail establishment, display printed materials or other items for sale as described within the definition of adult bookstores in Section 16-10-20, such materials shall be segregated from the rest of the retail or bookstore and no one under eighteen (18) years of age shall be permitted within such section of the store.

3.

No licensee, manager, or employee shall encourage or knowingly permit any person, including patrons, to engage in prohibited sexual activities on the premises. Such conduct is unlawful and shall be subject to penalties, as set forth in Section 16-1-70, Enforcement, of this Code and Chapter 1, Article IV (General Penalty), of this Code.

(9)

Campground.

a.

Design and Layout.

1.

Campgrounds must be a minimum of one-half (0.5) acre.

2.

Plumbed sanitary facilities shall include a minimum of one (1) toilet, lavatory, and shower for each fifteen (15) spaces (including fractional portions thereof), subject to the requirements of the adopted building and plumbing codes.

3.

Tent pads and camper sites shall be no greater than twenty-eight (28) feet in length or width.

b.

Operation and Ownership.

1.

The principal business of a campground shall be to provide sites for tents and travel trailers.

2.

An on-site manager shall be available at all times.

(10)

Recreational Vehicle Park.

a.

Design and Layout.

1.

General.

a)

A recreational vehicle park shall be developed and operated on a site of at least one-half (0.5) acre.

b)

Each recreational vehicle unit space shall by surfaced with asphalt, concrete, or gravel of at least four (4) inches in depth and shall be no less than ten (10) feet by thirty (30) feet to ensure a recreational vehicle can be parked in its entirety on the surfaced area.

c)

All permanent structures and recreational vehicles shall be set back as follows:

1)

A minimum of ten (10) feet from all boundaries of the park.

2)

A minimum of ten (10) feet from all other permanent structures or recreational vehicles.

3)

Any accessory structure such as attached awnings or carports for purposes of this separation requirement shall be considered part of the recreational vehicle.

2.

Recreation Area. A recreational vehicle park shall designate an area for recreational use with the following standards:

a)

At least ten percent (10%) of the gross area of the park shall be improved and designated for recreation use.

b)

The open space shall be improved and designed for recreation and shall not include any roadways, private space, storage area, or natural hazard area.

c)

The recreation area shall not count toward the minimum landscape area standard of the underlying zone district.

3.

Service Building. A service building shall be installed in all recreational vehicle parks and shall meet the following standards:

a)

Each toilet, bath, or shower shall be in a private compartment and shall meet City plumbing code.

b)

A sound-retardant wall shall separate the bathroom facilities when provided in a single building.

c)

A minimum of one (1) utility sink shall be provided for disposal of liquid wastes and for clean-up and maintenance of the service building.

b.

Location and Access.

1.

Internal roadways shall provide access to each recreational vehicle space, and shall be privately owned, paved, and maintained.

2.

The entrance to the recreational vehicle park shall be from a public road, at least one hundred fifty (150) feet from any public street intersection, and at least thirty (30) feet in width.

3.

No recreational vehicle shall be parked so that any part of such unit will obstruct any roadway or walkway in the park.

4.

No recreational vehicle shall be occupied in the park unless the unit is located on an approved unit space.

c.

Operation and Ownership.

1.

Dump stations may be installed, at a minimum of one (1) per thirty (30) spaces, and in accordance with other City specifications.

2.

One (1) container for trash shall be provided within two hundred (200) feet of each recreational vehicle space.

3.

Plumbed sanitary facilities shall include a minimum of one (1) men's and one (1) women's toilet, lavatory, and shower for each fifteen (15) spaces, subject to the requirements of the adopted building and plumbing codes.

4.

An on-site manager shall be available at all times.

d.

Landscaping. Landscaping shall cover no less than fifteen percent (15%) of the gross area of the lot. The landscape area may include recreation areas, common landscape areas, and landscaped area provided within the required perimeter setback to effectively screen or buffer the park from surrounding properties.

e.

Utilities Installation and Connection.

1.

Code Compliance. Utility installations and connection taps shall be installed to comply with all State and local regulations and codes. Electrical installations shall comply with all State and local electrical codes.

2.

Underground. All utilities, except major power transmission lines, shall be placed underground.

3.

Lighting. Adequate lighting shall be provided in compliance with the exterior lighting standards of this Code.

f.

Fire Protection. Every recreational vehicle park shall be equipped at all times with fire-extinguishing equipment in good working order of such type, size and number and so located within the park as prescribed by the Fire Marshal, with reference to the City's fire code. Fire hydrants shall be installed to comply with City standards and fire codes.

(11)

General Retail, Small and Large. Goods may be produced incidentally within a retail sales establishment and be sold in the local area, provided that:

a.

The retail portion of the establishment fronts the primary street.

b.

Production shall be limited to no more than seventy percent (70%) of the area of the retail establishment.

c.

Production shall not pose any safety or environmental hazards to the public in the retail or production area.

(12)

Local Regulation of Natural Medicine.

a.

Definitions. For purposes of this Section, the following words, terms, and phrases shall have the following meanings:

1.

Natural medicine means psilocybin or psilocyn and other substances described in the Regulatory Act as "natural medicine."

2.

Natural medicine business means any of the following entities licensed under the Regulatory Act and includes a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the State licensing authority.

3.

Natural medicine healing center means a facility where an entity is licensed by the State licensing authority that permits a facilitator as defined by the Regulatory Act, to provide and supervise natural medicine services for a participant as defined by the Regulatory Act, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator.

4.

Natural medicine product means a product infused with natural medicine that is intended for consumption, as provided by the Regulatory Act.

5.

Natural medicine services mean a preparation session, administrative session, and integration session, as provided by the Regulatory Act.

6.

Participant means an individual who is twenty-one (21) years of age or older who receives natural medicine services prescribed by and under the supervision of a facilitator, as provided by the Regulatory Act.

7.

Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory Act.

8.

Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory Act.

9.

Regulatory Act means the Colorado Natural Medicine Code codified in Colorado Revised Statutes.

10.

State licensing authority means the authority created under the Regulatory Act for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product, as provided by the Regulatory Act.

b.

Permitted Location for Natural Medicine Healing Centers. Natural medicine healing centers are a permitted use in the Central Business District (C-2), the Commercial Zone District (C-1), and the Industrial District (I) and the distance, time, manner, and place requirements contained in this Section. Natural medicine healing centers are prohibited in all other zoning districts in the City.

c.

Permitted Location for Natural Medicine Businesses. Natural medicine businesses - other than natural medicine healing centers - including, but not limited to, cultivation facilities, natural medicine products manufacturers, natural medicine testing facilities, and other licensed natural medicine business entities created by the State licensing authority are permitted uses in the Industrial District (I) and the distance, time, manner, and place requirements contained in this Section. Such natural medicine businesses - other than natural medicine healing centers - are prohibited in all other zoning districts of the City.

d.

Distance from Schools.

1.

No natural medicine healing center or natural medicine business shall operate out of a building that is within one thousand (1,000) feet of a childcare center, preschool, elementary, middle, junior, or high school, or a residential childcare facility (collectively "School").

2.

Subsection (a) does not apply to a properly licensed natural medicine healing center or natural medicine business that was actively doing business before a school was established and/or constructed within one thousand (1,000) feet of such natural medicine healing center or natural medicine business.

3.

The distances referred to in this Section shall be computed by direct measurement from the nearest property line of the land used for a school to the nearest portion of the building in which the natural medicine healing center or natural medicine business exists or services are provided using a route of direct pedestrian access.

e.

Hours of Operation—Natural Medicine Services. Natural medicine healing centers and natural medicine businesses that provide natural medicine services shall be permitted to operate any day of the week between 7:00 a.m. to 7:00 p.m.

f.

Public View of Natural Medicine Businesses and Natural Medicine Services. All doorways, windows, and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. All activities of natural medicine businesses and natural medicine services shall occur indoors.

g.

Lighting of Natural Medicine Businesses. Primary entrances, parking lots, and exterior walkways of natural medicine businesses shall be clearly illuminated with downward facing security lights to provide after-dark visibility for facilitators, participants, and employees, subject to all applicable City lighting standards. All exterior lighting shall be downcast and shielded with a temperature of three thousand (3,000) Kelvin or warmer.

h.

Storage of Natural Medicine Businesses. All storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

i.

Odor from Natural Medicine Businesses. Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.

j.

Natural Medicine Businesses Secure Disposal. Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities' exterior refuse container.

k.

Processing of Natural Medicine.

1.

The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.

2.

Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.

3.

The processing of natural medicine shall meet the requirements of all adopted City building and life/safety codes.

4.

The processing of natural medicine shall meet all of the requirements of all adopted water and sewer regulations promulgated by the applicable water and sewer provider.

l.

Nuisance. It is unlawful and deemed a nuisance to:

1.

Operate a natural medicine business in violation of any of the requirements set forth in State law or regulation or this Section.

2.

Dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine any foul or noxious liquid or substance of any kind whatsoever including, without limitation, by-products of the natural medicine process into or upon any adjacent ground or lot, into any street, alley, or public place or into any municipal storm sewer and/or system in the City.

3.

Any such violation of this Chapter is subject to the General Penalty for Violations provisions of Salida Municipal Code Section 1-4-20.

(e)

Industrial Uses.

(1)

Brewery or Bottling Plant.

a.

Production, processing, and storage of all materials and equipment shall be located entirely within an enclosed building.

b.

Loading and unloading of products shall not occur between the hours of 9:00 p.m. and 7:00 a.m.

(2)

Manufacturing, Artisan.

a.

All activities shall occur entirely within an enclosed structure.

b.

Retail sales associated with this use shall comprise no more than thirty percent (30%) of gross floor area.

(3)

Manufacturing, Heavy.

a.

All mining and related operations shall comply with Section 13-5-60, Regulated Activities, of this Code.

b.

Loading and unloading of products shall not occur between the hours of 9:00 p.m. and 7:00 a.m.

c.

Retail sales associated with this use shall comprise no more than thirty percent (30%) of the total gross floor area of all buildings.

(4)

Manufacturing, Light.

a.

Production, processing, and storage of all materials and equipment shall be located entirely within an enclosed building.

b.

Loading and unloading of products shall not occur between the hours of 9:00 p.m. and 7:00 a.m.

c.

Retail sales associated with this use shall comprise no more than thirty percent (30%) of the total gross floor area of all buildings.

(5)

Marijuana Cultivation.

a.

Location and Access. No marijuana cultivation facility shall be located within one thousand (1,000) feet of a school. Distance shall be calculated using the standard established in the Colorado Medical Marijuana Code.

b.

Operation and Ownership.

1.

Marijuana cultivation facilities shall be established in compliance with the licensing requirements of Section 6-1-140.

2.

A marijuana cultivation facility shall not produce unreasonable noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic or parking demand, or another public nuisance, and shall not operate between 9:00 p.m. and 7:00 a.m.

3.

All on-site activities associated with the marijuana cultivation facility shall be conducted indoors. Materials and equipment used in the marijuana cultivation facilities shall be stored in a building.

4.

The use complies with all applicable health and safety codes and a building permit for the use is obtained from the Chaffee County Building Department.

(6)

Marijuana Product Testing and Manufacturing.

a.

Location and Access. No marijuana product testing and manufacturing facility shall be located within one thousand (1,000) feet of a school. Distance shall be calculated using the standard established in the Colorado Medical Marijuana Code.

b.

Operation and Ownership.

1.

Marijuana product testing and manufacturing facilities shall be established in compliance with the licensing requirements of Section 6-1-140.

2.

A marijuana product testing and manufacturing facility shall not produce unreasonable noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic or parking demand, or another public nuisance, and shall not operate between 9:00 p.m. and 7:00 a.m.

3.

All on-site activities associated with the marijuana product testing and manufacturing facility shall be conducted indoors. Materials and equipment used in the marijuana product manufacturing facilities shall be stored in a building.

4.

The use complies with all applicable health and safety codes and a building permit for the use is obtained from the Chaffee County Building Department.

(7)

Self-Storage or Mini-Warehouse.

a.

Design and Layout.

1.

Doors to individual storage units shall not face any abutting street frontage.

2.

Individual storage units shall face the interior of the site.

3.

Screening shall be provided that meets the requirements of Subsection 16-4-80(f)(1), Screening, for nonresidential uses.

b.

Operation and Ownership.

1.

Self-storage facilities within one hundred fifty (150) feet of a residential district or use shall have operating hours not earlier than 7:00 a.m. and not later than 10:00 p.m.

2.

Outdoor storage of boats, trailers, and vehicles shall be screened per Subsection 16-4-80(f)(1)e., Outdoor Storage Areas.

3.

The incidental retail sale of products associated with the business (e.g., boxes, moving supplies, locks, bubble wrap) is permitted.

(8)

Wireless Communications Facilities.

a.

Purpose. The purpose of this Section is to regulate the placement, construction, and modification of wireless communications facilities—including small cell facilities—to protect the health, safety, and welfare of the public and to provide for managed development, installation, maintenance, modification, and removal of wireless communications facilities that is consistent with the City's mountain town character, while at the same time not unreasonably interfering with or materially inhibiting the development of a competitive wireless communications marketplace in the City.

b.

Scope and Applicability.

1.

No person shall construct wireless communications facilities in the City except in compliance with the provisions of this Code. Wireless communications providers shall request permission to locate or modify existing wireless communications facilities pursuant to the requirements of this Code.

2.

Any work conducted within the rights-of-way—including work conducted pursuant to an eligible facilities request as defined in this Section—by its very nature impacts public safety including, without limitation, the need to close lane(s) of traffic to conduct work, the need to ensure the structural stability of facilities and associated infrastructure, and the need to ensure adequate sightlines for both vehicles and pedestrians. Consistent with C.R.S. § 29-27-405(2), the City may ensure that all work conducted within public rights-of-way is done under applicable permits and in accordance with all generally applicable and non-discriminatory building, electrical, fire, or other safety requirements including City's Construction Standards and Specifications.

3.

Any work outside of public rights-of-way within the City—including work conducted pursuant to an eligible facilities request as defined in this Chapter—may impact public safety. Consistent with C.R.S. § 29-27-405(2), and at the direction of the City Administrator or designee, the City may ensure that all work conducted outside of public rights-of-way is done under applicable permits and in accordance with all generally applicable and non-discriminatory building, electrical, fire, or other safety requirements including City's Standard Specifications for Construction.

c.

Procedures for Review. Any application for the construction, modification, or installation of a wireless communications facility is subject to the following review procedures described herein. Additionally, any application for the construction or installation of a new wireless communications facility is subject to any other requirements contained within this Chapter which may apply, including, without limitation, the need to comply with the standards for the subject zoning district or to obtain a variance, waiver, or other approval required by the same.

1.

Wireless Communications Facilities—Generally. No new wireless communications facility shall be constructed or installed except after a written request from an applicant, reviewed and approved by the City in accordance with the procedures set forth in this Subsection, unless the application is for a small cell facility or for an eligible facilities request.

a)

The City may apply reasonable conditions to the approval of an application for the installation or modification of wireless communications facilities—including an eligible facilities request or an application for the installation or modification of small cell facilities—to ensure conformance with applicable design criteria or to advance a legitimate City interest related to health, safety, or welfare, except where the City's authority is limited with respect to eligible facilities requests.

b)

The approval under this Article for any wireless communications facility expires if the wireless communications facility is not established within one (1) year of the approval or if it is abandoned or unused for a period of six (6) months.

2.

Small Cell Facilities. No new small cell facility shall be constructed except after a written request from an applicant, reviewed and approved by the City in accordance with the procedures set forth in this Subsection, unless eligible for review as an eligible facilities request as set forth in Subsection 3 below.

a)

Within ten (10) business days of receipt of an application for a new small cell facility, the Administrator shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application to bring the proposal into full compliance with the requirements of this Article.

1)

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within ten (10) business days of receipt of the application, specifically delineating all missing documents or information required in the application.

2)

The timeframe for review resets to zero (0) when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.

3)

Following a supplemental submission, the City will notify the applicant within ten (10) business days whether the supplemental submission provided the information identified in the original notice delineating missing information. If the application remains incomplete, the timeframe is tolled pursuant to the procedures identified in the foregoing paragraphs. In the case of a second or subsequent notice of incompleteness, the City may not specify missing information or documents that were not delineated in the original notice of incompleteness.

b)

Subject to tolling, the City shall approve or deny an application for a new small cell facility on a new tower or base station within ninety (90) calendar days of the date on which the City receives such an application, and within sixty (60) days for a new small cell facility on an existing tower or base station.

c)

Where an applicant seeks approval for more than one (1) small cell facility, the City shall allow the applicant, at the applicant's discretion, to file a consolidated application for up to ten (10) small cell facilities and receive a single approval for multiple small cell facilities in a consolidated application. For a consolidated application, each small cell facility within the consolidated application remains subject to review for compliance with the requirements of this Article. The denial of any individual small cell facility is not a basis to deny the consolidated application as a whole or any other small cell facility incorporated within the consolidated application.

d)

The Administrator shall be the final approval authority for all small cell facilities, and upon approval, shall issue a permit to the applicant to deploy or modify a small cell facility wireless communications facilities.

3.

Eligible Facilities Requests. No collocation of a wireless communications facilities nor modification to any existing wireless communications facilities shall occur except after a written request from an applicant, reviewed and approved by the City in accordance with the procedures for eligible facilities requests set forth in this Subsection.

a)

Upon receipt of an application for an eligible facilities request, the City shall review such application to determine whether the application so qualifies. An application for an eligible facilities request does not qualify as such if the modification would result in a substantial change to an eligible support structure or would violate a generally applicable building, structural, electrical, or safety code or other law codifying objective standards reasonably related to public health and safety. If the City determines that the applicant's request is not an eligible facilities request, the applicant shall be advised as to the relevant provisions of the Code that govern the process to consider the request, and whether the Code requires any additional information to be submitted for the application to be considered complete. If the applicant subsequently indicates an intent in writing for the proposal to be considered under the relevant section of the Code and submits all required information, the presumptively reasonable timeframe under 47 U.S.C. § 332(c)(7), as set forth in applicable Federal and State law, will begin to run from submittal of the required information under the applicable provisions of the Code.

b)

Subject to tolling, the City shall approve an eligible facilities request within sixty (60) calendar days of the date on which the City receives such an application, unless it determines that the request is not properly classified as an eligible facilities request. The sixty-calendar-day review period begins to run when the application is filed with the City, and may be tolled by mutual agreement of the City and the applicant or where the City determines that the application is incomplete, as follows:

1)

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) calendar days of receipt of the application, specifically delineating the missing documents or information required in the application;

2)

Upon notice of incompleteness to the applicant, the timeframe for review pauses. The timeframe for review begins running again, but does not reset to zero (0), when the applicant makes a supplemental written submission in response to the City's notice of incompleteness; and

3)

Following a supplemental submission, the City will notify the applicant within ten (10) calendar days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in the foregoing paragraphs. In the case of a second or subsequent notice of incompleteness, the City may not specify missing documents or information that were not delineated in the original notice of incompleteness.

c)

In the event the City fails to act on an eligible facilities request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant of approval becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

d)

The Administrator shall be the final approval authority for all eligible facilities requests and, upon approval, shall issue a permit to the applicant to modify an eligible wireless communications facility.

d.

Application Contents; Fees.

1.

An application for the construction, installation, or modification of any wireless communications facility shall include the following information and materials:

a)

The applicant's name, address, and telephone number and the name, address, and telephone number of any representative authorized to act on behalf of the applicant.

b)

A description of the property on which the wireless communications facility is proposed for development, including a visual plan illustrating the proposed location of the wireless communications facility.

c)

A disclosure of the ownership of the property on which the wireless communications facility is proposed for development, and a demonstration of the applicant's right to install a wireless communications facility on such property.

d)

An eight and one-half (½) inches by eleven (11) inches vicinity map locating the subject property within the City.

e)

A written explanation of how the proposed wireless communications facility complies with all requirements of the zoning district in which it is located, and if applicable, a written explanation of how the proposed wireless communications facility complies with the requirements for small cell facilities or qualifies as an eligible facilities request.

f)

A signed statement from a qualified radio frequency engineer, certifying that a technical evaluation of the proposed wireless communications facility indicates no potential interference problems and that the site will comply with all applicable regulations for radio frequency emissions promulgated by the Federal Communications Commission.

g)

A signed statement from the applicant certifying the accuracy of the information contained in the application.

2.

An applicant for the construction, installation, or modification of a wireless communications facility shall pay the required fees as set forth in the City's fee schedule. An application submitted without the required fees shall be deemed incomplete.

3.

All applications are public records and the information contained therein is subject to disclosure, except such information that is protected from public disclosure by applicable law.

e.

Design Standards.

1.

Wireless communications facilities shall conform to the following general design standards:

a)

Trees. Existing trees shall be preserved to the maximum extent possible.

b)

Maximum Height. A proposed wireless communications facility, including antennae, shall not exceed the maximum structure height established for the zoning district in which the facility is to be located. Building- or structure-mounted antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached.

c)

Horizontal Protrusion of Mounted Facilities. The maximum horizontal protrusion of mounted wireless communications facilities from the building or structure to which they are attached shall be two (2) feet unless it can be shown by the applicant that it is not feasible to meet this criterion.

d)

Camouflage or Concealment Required. Wireless communications facilities shall, to the maximum extent possible, use concealment design techniques, such as incorporating the facility into the built environment. Where concealment design techniques are not possible, wireless communications facilities shall utilize camouflage design techniques. Camouflage design techniques include, without limitation, using materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the site to the surrounding natural setting and built environment.

e)

Non-reflective Materials. The visible exterior surfaces of wireless communications facilities, such as poles, antennas, vaults, and equipment enclosure structures shall be constructed out of or finished with non-reflective materials and shall be painted to match as closely as possible the color and texture of the vertical infrastructure on which it is mounted.

f)

Equipment Vaults Below Grade. Except for equipment that is expressly permitted above grade for a wireless communications facility, equipment vaults and other transmission equipment shall be placed below grade when located within the right-of-way. Such equipment may be placed above grade outside of the right-of-way, provided concealment/camouflage design techniques are utilized.

g)

Multiple Users. To the extent practicable, all wireless communications facilities shall be designed and constructed to permit such facilities to accommodate at least two (2) wireless service providers on the same facility.

h)

Historic Preservation. Any wireless communications facility that is proposed for construction in a historic district shall be required to receive a certificate of approval pursuant to Chapter 16, Article XII, unless exempt pursuant to Section 16-12-100.

i)

Other Administratively Approved Design Standards. Any other administratively approved wireless communications facility design standards adopted by the Administrator.

2.

In addition to the general design criteria above for all wireless communications facilities, small cell facilities shall conform to the following additional criteria:

a)

Camouflage or Concealment. Camouflage or concealment techniques for small cells including, without limitation, using a pole painted a color consistent with other utility poles in the vicinity (with all antennas and related equipment located within the pole structure), or replacing existing permitted facilities with small cell facilities located within the replaced poles, so that the presence of the small cell facility is not apparent.

b)

Height Limitation. Notwithstanding the height limitation all wireless communications facilities above, the maximum height of any small cell facility shall either not exceed the maximum structure height established for the zoning district in which the facility is to be located or not extend beyond five (5) feet taller than any other utility poles or traffic signals within five hundred (500) feet of the proposed WCF located within the same zone district.

c)

Separation of Small Cell Facilities in the Right-of-Way. All stand-alone small cell facilities wireless communications facilities located within rights-of-way shall be separated from other stand-alone small cell facilities wireless communications facilities by a distance of at least six hundred (600) feet. In determining compliance with this separation requirement, the Administrator may consider approved and pending applications for other small cell facilities wireless communications facilities.

d)

Residential Property. When located adjacent to a residential property, a small cell facility must be placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, a small cell facility must be placed in front of the common side yard property line adjoining residential properties or on the corner formed by two (2) intersecting streets.

f.

Operations.

1.

Federal Requirements. All wireless communications facilities shall meet the current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the Federal government with the authority to regulate wireless communications facilities. If such standards and regulations are changed, then the owners of the wireless communications facility shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling Federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the wireless communications facility at the applicant's expense.

2.

Radio Frequency Standards. All wireless communications facilities shall comply with federal standards for radio frequency emissions.

3.

Signal Interference. All wireless communications facilities shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone, public safety communications, and other services utilized by adjacent residential and nonresidential properties.

4.

Operation and Maintenance. All wireless communications facilities shall be maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the City concludes that a wireless communications facility fails to comply with such codes and constitutes a danger to persons or property, then the City may take any action with respect to such violation as provided by applicable law, including removal of the wireless communications facility at the applicant's expense.

5.

Abandonment and Removal. Any wireless communications facility that is not used for a period of six (6) months or more shall be deemed to be abandoned. No applicant shall fail to remove a wireless communications facility that is abandoned. If a wireless communications facility applicant fails to remove an abandoned facility at the request of the Administrator, the City may remove the wireless communications facility at the applicant's expense.

6.

Hazardous Materials. No hazardous materials shall be permitted in association with wireless communications facilities, except those necessary for the operation of wireless communications facilities and only in accordance with all applicable laws governing such materials.

7.

Collocation. No wireless communications facility applicant shall unreasonably exclude a communications competitor from using the same facility or location. Upon request by the Administrator, the applicant shall provide evidence explaining why collocation is not possible at a particular facility or location.

8.

Compliance with Other Laws. All wireless communications facilities shall meet the requirements of the City design and construction standards, the requirements of Chapter 11, "Streets, Sidewalks and Public Property," and all other applicable local, State, and Federal laws.

g.

Indemnification and Financial Security.

1.

As a condition of its permit, the applicant for any wireless communications facility shall, at its sole cost and expense, indemnify, hold harmless and faithfully defend the City, its officials, boards, commissions, commissioners, agents, and employees against any claims, suits, causes of action, proceedings, and judgments for damages or equitable relief arising out of the construction, maintenance, or operation of its equipment authorized by this Article. This indemnification requirement will apply whether the act or omission complained of is authorized, allowed, or prohibited by applicable law, except in cases where liability is solely caused by the negligence of the person or persons covered by the indemnity.

2.

All permits for wireless communication facilities shall be subject to a bond or other adequate financial security posted by the permittee and deposited with the City to ensure the disassembly and removal of the facility upon the expiration of the facility. The bond or other security shall designate the City as beneficiary.

h.

Waiver. The Administrator shall have the authority to waive any requirement or standard set forth in this Article if the Administrator makes a determination that the specific requirement or standard is preempted by Federal or State law. Prior to applying the waiver to any pending application, the Administrator shall, in consultation with the City Attorney, make a written preemption determination which written determination shall identify the specific requirement or standard that is being waived and cite to the specific Federal or State law provision that preempts the specific City requirement or standard set forth in this Article.

(f)

Accessory Uses and Structures.

(1)

Accessory Dwelling Unit.

a.

Design and Layout.

1.

A legally permitted accessory dwelling unit (ADU) may be located internal to, attached to, or detached from a principal dwelling unit on the same lot, except where prohibited.

2.

No more than one (1) accessory dwelling unit may be permitted on a single lot, where permitted.

3.

An accessory dwelling unit within or attached to the principal dwelling may include no more than one thousand (1,000) square feet of conditioned living space provided that the remainder of the principal dwelling is greater in square footage than the ADU and provided that no more than eight hundred (800) square feet of conditioned living space is located above the first floor. For principal dwellings existing prior to the effective date of Ordinance No. 2019-18, an internal ADU (only) may be permitted at any size provided that the remaining square footage of the existing principal dwelling is greater than that of the ADU.

4.

An accessory dwelling unit within a detached accessory building that is sixteen (16) feet or less in total height may include a maximum of one thousand (1,000) square feet of conditioned living space provided that the square footage of the principal dwelling is greater than that of the ADU.

5.

An accessory dwelling unit within a detached accessory building greater than sixteen (16) feet in total height shall not exceed eight hundred (800) square feet of conditioned living space provided that the square footage of the principal dwelling is greater than that of the ADU.

6.

All ADUs shall be set back a minimum of five (5) feet from the property line.

7.

(All other nonresidential accessory structures fifteen (15) feet or below in height shall be set back a minimum of three (3) feet (five[-foot] minimum setback for structures fifteen (15) feet or higher)).

b.

Location and Access. The City may require one (1) off-street space for the ADU only if:

1.

The lot has no existing off-street parking; or

2.

The base zoning district requires off-street parking for all dwellings; or

3.

On-street parking is prohibited on the block face.

Where provided, parking for a detached ADU should take access from an alley if one exists.

c.

Operation and Ownership. An accessory dwelling unit shall not be condominiumized or sold and shall not be rented for periods of less than thirty (30) days. Maximum occupancy is determined per applicable fire code.

(2)

Outdoor Storage, Accessory.

a.

Outdoor storage areas are prohibited between any building facade and the front lot line. Outdoor storage areas may be permitted behind the rear of the primary structure or other areas that are obscured from the right-of-way, as determined by the Director.

b.

Outdoor storage areas shall not exceed fifty percent (50%) of the total gross square footage of all enclosed structures.

c.

Outdoor storage areas shall not obstruct access to recorded easements or vehicular or pedestrian circulation routes or obstruct sight triangles.

d.

Outdoor storage shall be opaquely screened from public view per Subsection 16-4-80(f)(1)e., Outdoor Storage Areas.

(3)

Drive Through.

a.

Drive-through lanes shall be separated from circulation lanes required to enter or exit the property. Drive-through lanes shall be marked by striping, pavement markings, or barriers.

b.

Drive-through lanes shall be designed and located to minimize impacts on adjoining properties, including screening or buffers to minimize noise impacts. A fence, wall, or other opaque screen of at least six (6) feet in height shall be provided on all sides of the site that are located adjacent to property that is zoned for or occupied by residential uses or as approved by the Director.

c.

Drive-through lanes and stacking spaces are prohibited between the building facade and the front lot line.

(4)

Home Occupation.

a.

Location and Access. One (1) off-street parking space shall be required for each employee residing off-premises. These spaces shall be provided in addition to the parking required for the principal residential use of the property.

b.

Operation and Ownership.

1.

The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. The use shall not exceed thirty percent (30%) of the total structure's square footage.

2.

All on-site activities associated with a home occupation, including the storage or materials and equipment, shall be conducted indoors. Outdoor display of goods is prohibited.

3.

A home occupation shall be conducted only by persons residing on the premises and no more than two (2) employees residing off-premises and shall serve no more clients at a time than the number of employees on the premises.

4.

Incidental sale of supplies or products associated with the home occupation shall be permitted on the premises, consistent with applicable rules of the Colorado Cottage Foods Act. Direct retail sales or rentals shall be prohibited, except mail, telephone, catalogue, or online sales. An appropriate sales tax license shall be obtained and maintained for the business.

5.

A home occupation shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic, or parking demand.

6.

Customer visits shall not occur between 8:00 p.m. and 7:00 a.m. and shall not create a public nuisance, disturb neighbors, or alter the residential character of the premises.

7.

Outdoor advertising of the home occupation or home business is limited to one (1), nine-square-foot sign.

(5)

Outdoor Retail and Display.

a.

Design and Layout. The outdoor retail and display area shall be contained on an improved surface such as asphalt, concrete, or pavers, and such areas shall be limited to fifty percent (50%) of the gross floor area of the principal structure.

b.

Operation and Ownership.

1.

The outdoor retail and display area shall obey all parking and traffic laws and shall not obstruct required parking, pedestrian or bicycle access or passage, parking lot circulation, or required landscape areas.

2.

The outdoor retail and display area shall be of the same nature as the permanent retail activity conducted on the property.

(6)

Recreational Vehicle, Off-Street Parking of Long Vehicles.

a.

Recreational vehicles, of all types, over twenty-six (26) feet long shall not be parked on private residential property for more than thirty (30) cumulative calendar days per year, not to exceed five (5) consecutive days. Violators will be ticketed and fined according to Subsection 16-1-70(e), Penalties and Remedies.

b.

Exceptions may be allowed through an approved conditional use permit, following notice and description of setbacks provided by the City to neighboring property owners.

c.

Such parking shall also comply with any applicable standards in Subsection 16-3-30(b)(10), Recreational Vehicle (Long-Term Occupancy).

(7)

Sale of Produce or Plants Raised on Premises.

a.

The sale of produce or plants shall not include marijuana or marijuana products.

b.

No permanent structures, other than greenhouses, shall be erected for sale of produce or plants.

(8)

Downtown Street Patio.

a.

Design and Layout.

1.

Outdoor dining areas that are located within the right-of-way, called "downtown street patios," shall not interfere with pedestrian access to any public or private door, shall provide at least five (5) feet wide unobstructed sidewalk for pedestrian traffic, and shall not obstruct required parking or parking lot circulation.

2.

Street patios in the public right-of-way shall not exceed a size of eight (8) feet by twenty (20) feet within the roadway. Street patios may extend into the sidewalk area by no more than one (1) foot, so long as at least five (5) feet of unobstructed sidewalk is maintained for pedestrian traffic.

3.

Accessibility ramps shall be provided where necessary but shall provide at least five (5) feet of unobstructed sidewalk to be maintained for pedestrian traffic.

4.

Street patios shall not be located at intersections of streets or alleys in such a way as to block appropriate sight triangles and shall not obstruct access to city infrastructure such as water meters, curb shut-offs, manholes, and tree grates.

5.

Street patios shall show any proposed roof or covers as a part of the application to ensure appropriate sight triangles and unobstructed access is maintained.

b.

Location and Access.

1.

Street patios shall only be considered on streets owned by the City of Salida.

2.

No more than one (1) street patio shall be permitted on each block, including both street frontages, unless the Director determines that the additional outdoor dining area will continue to allow pedestrian, bicycle, and vehicle traffic, and not overly restrict parking within the block.

3.

Street patios shall be located within fifty (50) feet of the front door of the business being served by the outdoor dining area, and on the same side of the street.

4.

The establishment served by the street patio shall provide at least one (1) additional off-street parking space for customers or employees within one-quarter (¼) mile of the establishment. Verification shall be provided with the application. This requirement may be met by providing a fee-in-lieu of the parking space in an amount equal to and in addition to the current parking occupier fee as provided in the revocable license agreement and on the most current fee schedule.

c.

Operation and Ownership.

1.

Street patios shall only be permitted when accessory to food and beverage uses unless the Director determines the alternative use has high customer turnover, is an attraction for pedestrians, adds to the intrinsic value of the use, enlivens the outdoor environment, promotes economic vitality, and protects the health, safety, and welfare of residents, pedestrians, businesses, and visitors.

2.

Street patios shall be allowed during the time of year the business is open. Establishments open year-round may be approved for year-round outdoor dining.

3.

The business shall be responsible for snow removal from the public right-of-way that cannot be reached by City snowplows within twenty-four (24) hours of a storm event.

4.

Signage is not allowed on the patios except for customer menus and signage approved by the Director for public purposes.

5.

Street patios shall not be combined with encroachment permits for use of sidewalks per Section 11-4-20 of this Code.

6.

New street patios shall initially be approved for no more than one (1) year. Existing street patios may be conditionally approved for more than one (1) year, following subsequent review and approval.

7.

Business owners who receive conditional use approval for a street patio will have to enter into a revocable license agreement with the City, as approved by the City Council, prior to installation of the street patio.

(g)

Temporary Uses and Structures.

(1)

Construction Support Activity. Temporary office space and equipment storage may be approved when accessory to an approved construction project, including sales offices on residential development sites. Such structures and uses shall be located on the site no more than thirty (30) days prior to the start of construction and shall be removed no more than thirty (30) days after construction or all units are sold or leased, whichever is less.

(2)

Outdoor Vendor.

a.

Location and Access.

1.

Only one (1) permitted outdoor vendor is allowed per lot unless otherwise approved through the conditional use permit process. More than one (1) outdoor vendor may be permitted on one (1) lot during special events with approval of a Parks and Recreation Department applicable permit.

2.

Outdoor vendors shall only be allowed when the commercial use itself is permitted in the zone district.

3.

Adequate parking shall be provided, as determined by the Director and the use shall not obstruct required parking, pedestrian or bicycle access or passage, or parking lot circulation.

b.

Operation and Ownership.

1.

Outdoor vendors shall comply with Chapter 6, Article II (Temporary Commercial Activity/Vendor Permits), of this Code.

2.

Outdoor vendors shall comply with all applicable health and safety codes, and all necessary permits shall be obtained.

3.

Outdoor vendors shall obtain written consent from the private property owner(s) of properties on which they intend to operate.

4.

Outdoor vendors shall maintain trash receptacles and all areas used for food vending in a safe and clean condition and must dispose of all waste in accordance with City regulations.

5.

Structures, canopies, tables, or chairs associated with the outdoor vendor are prohibited unless otherwise approved by the Director as part of the temporary use permit.

(3)

Outdoor Vendors, Multiple.

a.

Location and Access.

1.

Outdoor vendors shall only be allowed when the commercial use itself is permitted in the zone district.

2.

The Fire District and Police Department shall determine that the site is accessible for public safety vehicles and equipment.

3.

Adequate parking shall be provided, as determined by the Conditional Use Permit, and the use shall not obstruct required parking, pedestrian or bicycle access or passage, or parking lot circulation.

b.

Operation and Ownership.

1.

A site manager shall be designated as the party responsible for ensuring compliance with operating regulations and any conditions of approval of the Conditional Use Permit.

2.

Outdoor vendors shall comply with Chapter 6, Article II (Temporary Commercial Activity/Vendor Permits), of this Code.

3.

Outdoor vendors shall comply with all applicable health and safety codes and shall obtain all necessary permits.

4.

Outdoor vendors shall obtain written consent from the private property owner(s) of properties on which they intend to operate.

5.

Outdoor vendors shall maintain trash receptacles and all areas used for food vending in a safe and clean condition and must dispose of all waste in accordance with City regulations.

6.

Structures, canopies, tables, or chairs are prohibited unless part of the Conditional Use Permit.

7.

Adequate restroom facilities shall be provided, as determined by the Conditional Use Permit.

8.

The conditional use permit shall specify enforcement actions and timelines for violations or noncompliance with this Section or any conditions of approval.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)