A.

An application for a bed-and-breakfast facility in an existing building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, and exterior illumination.

2.

The establishment shall provide a maximum of eight sleeping rooms for purpose of renting to patrons of the bed-and-breakfast facility, not including caretaker rooms or other rooms used in the operation of the establishment, such as a kitchen, laundry room, recreation room, fitness room, and dining room.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment shall not be a boarding house or a permanent stay facility, but instead shall be a temporary stay facility (fewer than thirty consecutive days per patron within a ninety-day period, and no more than sixty days per patron within a twelve-month period).

5.

The establishment shall have a single kitchen(s) serving all the patrons. No individual kitchen appliances (microwave oven, oven of any type, hotplate, refrigerator or dishwasher) shall be placed in individual rooms, except the caretaker room(s); however, these appliances may be provided in common room(s) for the benefit of all the occupants of the bed-and-breakfast facility.

6.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a bed-and-breakfast facility in the downtown mixed-use overlay district may request from the town a sign exception per the code.

7.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

8.

The owner of the bed-and-breakfast facility shall collect all taxes and fees applicable to motels, hotels and other lodging facilities, including but not limited to sales tax and lodging tax, upon rental of each room per night.

9.

The board, in its sole discretion, may relieve the applicant for a bed-and-breakfast facility in an existing building of any requirement in the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

B.

An application for a bed-and-breakfast facility within a new proposed building in the downtown mixed-use overlay district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination, and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall provide a maximum of eight sleeping rooms for the purpose of renting to patrons of the bed-and-breakfast facility, not including caretaker rooms or other rooms used in the operation of the establishment, such as a kitchen, laundry room, recreation room, fitness room, and dining room.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment shall not be a boarding house, but instead shall be a temporary stay facility (fewer than thirty consecutive days per patron within a ninety-day period or sixty days per patron within a twelve-month time period).

5.

The establishment shall have a single kitchen(s) serving all the patrons. No individual kitchen appliances (microwave oven, oven of any type, hotplate, refrigerator or dishwasher) shall be placed in individual rooms, except the caretaker room(s); however, these appliances may be provided in common room(s) for the benefit of all the occupants of the bed-and-breakfast facility.

6.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and such sign must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a bed-and-breakfast facility in the downtown mixed-use overlay district may request from the town a sign exception per the code.

7.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

8.

The owner of the bed-and-breakfast facility shall collect all taxes and fees applicable to motels, hotels and other lodging facilities, including but not limited to sales tax and lodging tax, upon rental of each room per night.

9.

The board, in its sole discretion, may relieve the applicant for a bed-and-breakfast facility of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a personal service establishment (barbers, hairdressers, cosmetologists, beauticians, tanning salons, massage therapists, or the like) within an existing building or in a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, and exterior illumination.

2.

The establishment shall conform to any and all applicable State of Colorado licensing requirements.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a personal service establishment (barbers, hairdressers, cosmetologists, beauticians, tanning salons, massage therapists, or the like) facility in the downtown mixed-use overlay district may request from the town a sign exception per the code.

5.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

6.

The establishment shall be limited to two chairs/tables/beds for the purposes of hairstyling, massage, tanning, and the like, although any combination of the services is allowable.

7.

The establishment shall make application to the Town for a business license and sales tax license, if applicable, and renew such license(s) annually.

8.

The board, in its sole discretion, may relieve the applicant for a personal service establishment (barbers, hairdressers, cosmetologists, beauticians, tanning salons, massage therapists, or the like) of any requirement of design review criteria for commercial and multi-family structures of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a dependent care facility, an assisted living facility, a non-profit state licensed group home for the elderly and/or disabled, a convalescent home or a nursing home that is state licensed for eight or fewer individuals within an existing building or a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, and exterior illumination.

2.

The establishment shall conform to any and all applicable State of Colorado and federal licensing requirements.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a dependent care facility, an assisted living facility, a non-profit state licensed group home for the elderly and/or disabled, a convalescent home or a nursing home that is state licensed for eight or fewer individuals in the downtown mixed-use overlay district may request from the town a sign exception per the code.

5.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

6.

The town shall allow the establishment to have specific equipment and installations within the building and on the outside of the building that aid in the transport, keeping and/or feeding of the building's dependent care, assisted living, elderly or disabled inhabitants, as long as such equipment and installations occur within the property's boundaries and do not interfere with the public's general welfare.

7.

The establishment shall make application to the town for a business license and renew such license annually.

8.

The board, in its sole discretion, may relieve the applicant for a dependent care facility, an assisted living facility, a non-profit state licensed group home for the elderly or disabled, a convalescent home or a nursing home that is state licensed for eight or fewer individuals of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

B.

An application for a dependent care facility, an assisted living facility, a non-profit state licensed group home for the elderly and/or disabled, a convalescent home or a nursing home that is state licensed for nine or more individuals within an existing building or a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination, and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall conform to any and all applicable State of Colorado and federal licensing requirements.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. Notwithstanding the foregoing, an applicant for dependent care facility, an assisted living facility, a non-profit state licensed group home for the elderly or disabled, a convalescent home or a nursing home that is state licensed for nine or more individuals in the downtown mixed-use overlay district may request from the town a sign exception per the code.

5.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

6.

The town shall allow the establishment specific equipment and installations within the building and on the outside of the building that aid in the transport, keeping and/or feeding of the dependent care, assisted living, elderly or disabled inhabitants, as long as such equipment and installations occur within the property's boundaries and do not interfere with the public's general welfare.

7.

The establishment shall make application to the town for a business license and renew such license annually.

8.

The board, in its sole discretion, may relieve the applicant for dependent care facility, an assisted living facility, a non-profit state licensed group home for the elderly and/or disabled, a convalescent home or a nursing home that is state licensed for nine or more individuals of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a dormitory, a boarding house or a rooming house in an existing building or a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination, and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall provide a maximum of eight sleeping rooms for purpose of renting to patrons of the dormitory, boarding house or rooming house, not including caretaker rooms or other rooms used in the operation of the establishment, such as a kitchen, laundry room, recreation room, fitness room, and dining room.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment shall have a single kitchen(s) serving all the patrons of the dormitory, boarding house or rooming house. No individual kitchen appliances (microwave oven, oven of any type, hotplate, refrigerator or dishwasher) shall be placed in individual rooms, except the caretaker room(s); however, these appliances may be provided in common room(s) for the benefit of all the occupants of the dormitory, boarding house or rooming house.

5.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed six square feet, and must not contain any backlit translucent backgrounds, neon, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a dormitory, a boarding house or a rooming house in the downtown mixed-use overlay district may request from the town a sign exception per the code.

6.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

7.

The establishment shall have separate sanitary facilities either appurtenant to each sleeping room, or showers and bathrooms of appropriate size to accommodate all the residents of the dormitory, boarding house or rooming house. If the dormitory, boarding house or rooming house plans to rent to both males and females at the same time, separate sanitary facilities shall be provided for each sex.

8.

The establishment shall make application to the town for a business license and renew such license annually.

9.

The board, in its sole discretion, may relieve the applicant for a dormitory, a boarding house or a rooming house of any requirement in the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for an alteration facility, a tailoring facility or a mending facility with four or fewer employees in an existing building or a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, and exterior illumination.

2.

The establishment shall provide a work area of no less than sixty-four square feet per each employee.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for an alteration facility, a tailoring facility or a mending facility in the downtown mixed-use overlay district may request from the town a sign exception per the code.

5.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

6.

The establishment shall have sanitary facilities and a break room to accommodate the employees during their work day.

7.

The establishment shall make application to the town for a business license and renew such license annually.

8.

The board, in its sole discretion, may relieve the applicant for an alteration facility, a tailoring facility or a mending facility of any requirement in the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

B.

An application for an alteration facility, a tailoring facility or a mending facility with five or more employees in an existing building or a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall provide a work area of no less than sixty-four square feet per each employee.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for an alteration facility, a tailoring facility or a mending facility in the downtown mixed-use overlay district may request from the town a sign exception per the code.

5.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

6.

The establishment shall have sanitary facilities and a break room to accommodate the employees during their work day.

7.

The establishment shall make application to the town for a business license and renew such license annually.

8.

The board, in its sole discretion, may relieve the applicant for an alteration facility, a tailoring facility or a mending facility of any requirement in the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for an amphitheater, a gazebo, a picnic shelter, a public restroom, a bank (financial institution, title company, investment company, credit union and the like), a fraternal organization, a civic hall, a non-profit lodge, a governmental or non-profit administrative office, a fire station, a police station, a post office, a park (public and private), a playground or a related facility in an existing building, a new proposed building, or a plot of land in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fee.

2.

The establishment shall conform to any and all applicable State of Colorado and/or federal government licensing requirements.

3.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

4.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for an amphitheater, a gazebo, a picnic shelter, a public restroom, a bank (financial institution, title company, investment company, credit union and the like), a fraternal organization, a civic hall, a non-profit lodge, a governmental or non-profit administrative office, a fire station, a police station, a post office, a park (public and private), a playground or a related facility in the downtown mixed-use overlay district may request from the town a sign exception per the code.

5.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

6.

The establishment shall not have drive-through service or any stand-alone appurtenance outside of a building, such as an automatic teller machine or information kiosk, except that bicycle racks are allowed and encouraged.

7.

The board, in its sole discretion, may relieve the applicant for an amphitheater, a gazebo, a picnic shelter, a public restroom, a bank (financial institution, title company, investment company, credit union and the like), a fraternal organization, a civic hall, a non-profit lodge, a governmental or non-profit administrative office, a fire station, a police station, a post office, a park (public and private), a playground or a related facility of any requirement in the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a photographic studio, an office for the conduct of professional businesses (e.g. accountant, attorney), a clothing establishment, a retail establishment (where transactions take place on premises), a shoe store (may include both the retail sale of shoes and accessories and the repair of shoes), or a thrift store within an existing building or in a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, and exterior illumination.

2.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

3.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a photographic studio, an office for the conduct of professional businesses (e.g. accountant, attorney), clothing establishment, retail establishment (where transactions take place on premises), shoe store (may include both the retail sale of shoes and accessories and the repair of shoes), or thrift store in the downtown mixed-use overlay district may request from the town a sign exception per the code.

4.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

5.

The establishment shall be limited to outside display of two tables, racks or displays for clothing, shoes or other merchandise that collectively occupy no more than twenty square feet.

6.

The establishment shall make application to the town for a business license and sales tax license (if applicable) and renew such license(s) annually.

7.

The board, in its sole discretion, may relieve the applicant for a photographic studios, an office for the conduct of professional businesses (e.g. accountant, attorney), clothing establishment, retail establishment (where transactions take place on premises), shoe store (may include both the retail sale of shoes and accessories and the repair of shoes), or thrift store of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a child care facility with nine or fewer children within an existing building or in a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, and exterior illumination.

2.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

3.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed six square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a child care facility for nine or fewer children in the downtown mixed-use overlay district may request from the town a sign exception per the code.

4.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

5.

The establishment shall provide the amount of indoor and outdoor space per child, kitchen facilities and sanitary facilities as required by the appropriate regulatory agencies.

6.

The establishment shall make application to the town for a business license and renew such license(s) annually.

7.

The board, in its sole discretion, may relieve the applicant for a child care facility for nine or fewer children of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

B.

An application for a child care facility with ten or more children within an existing building or in a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

3.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed six square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a child care facility for ten or more children in the downtown mixed-use overlay district may request from the town a sign exception per the code.

4.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

5.

The establishment shall provide the amount of indoor and outdoor space per child, kitchen facilities and sanitary facilities as required by the appropriate regulatory agencies.

6.

The establishment shall make application to the town for a business license and renew such license(s) annually.

7.

The board, in its sole discretion, may relieve the applicant for a child care facility for ten or more children of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a furniture restoration facility (to include refinishing facilities and upholstery), a cabinet making shop, a woodworking establishment (including manufacturing establishments for cabinets and interior finishings), a printing facility for bulk productions (newsprint, blue prints and the like), a copy and reproduction facility, a bakery, or a laundromat (commercial laundry and/or dry cleaning facility) within an existing building or in a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

3.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a furniture restoration facility (to include refinishing facilities and upholstery), a cabinet making shop, a woodworking establishment (including manufacturing establishments for cabinets and interior finishings), a printing facility for bulk productions (newsprint, blue prints and the like), a copy and reproduction facility, a bakery, or a laundromat (commercial laundry and/or dry cleaning facility) within the downtown mixed-use overlay district may request from the town a sign exception per the code.

4.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

5.

The establishment shall perform all work within a completely enclosed structure designed with commercial ventilation, if in the opinion of the town administrator or his designee, the use creates a hazard for the occupants of the building and/or occupants of neighboring property.

6.

The establishment shall not store business supplies, products and/or materials in any yard as open storage or outside storage, but shall keep all such business supplies, products and materials within a completely enclosed building.

7.

The establishment shall make application to the town for a business license and a sales tax license, if applicable, and renew such license(s) annually.

8.

The board, in its sole discretion, may relieve the applicant for a furniture restoration facility (to include refinishing facilities and upholstery), a cabinet making shop, a woodworking establishment (including manufacturing establishments for cabinets and interior finishings), a printing facility for bulk productions (newsprint, blue prints and the like), a copy and reproduction facility, a bakery, or a laundromat (commercial laundry and/or dry cleaning facility) of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)

A.

An application for a school (public or private) for grades one through twelve and schools (private or public) for secondary education within an existing building or in a new proposed building in the downtown mixed-use overlay (DMD) district shall conform to the following:

1.

Applicant shall submit an application on forms provided by the town, and other such required submittal items in conformance with the code, including but not limited to design review criteria for commercial and multi-family structures, home occupation, commercial and industrial performance standards, off-street parking, off-street loading and unloading, signage, exterior illumination and special use permit, although the applicant shall only submit an application fee for the special use permit in accordance with this code. Additionally, the applicant shall pay all fees incurred by the town for review of the applications, including, but not limited to planning fees, legal fees, engineering fees, and administrative fees.

2.

The establishment shall have the appearance of a residential structure compatible with the neighborhood, as determined by the board during the review process.

3.

The establishment may have a total of one sign, either freestanding within the front yard setback or wall-mounted to the front of the building facing the street, with a total square foot area not to exceed sixteen square feet, and must not contain any backlit translucent backgrounds, neon lighting, blinking, animated or flashing parts, except those normally utilized temporarily during a national holiday season. No banners or temporary signs for advertisement purposes shall be allowed. Notwithstanding the foregoing, an applicant for a school (public or private) for grades one through twelve or a school (private or public) for secondary education in the downtown mixed-use overlay district may request from the town a sign exception per the code.

4.

The establishment may not have any exterior illumination in excess of those allowed for residential structures, as described in the code.

5.

The establishment shall not resemble a trade school or any institution requiring outside storage, although such establishment may utilize normal outside playground equipment.

6.

The establishment shall make application to the town for a business license and a sales tax license, if applicable, and renew such license(s) annually.

7.

The board, in its sole discretion, may relieve the applicant for a school (public or private) for grades one through twelve or a school (private or public) for secondary education of any requirement of the design review criteria for commercial and multi-family structures section of the code, if the board determines that such relief is in the town's best interest.

(Ord. No. 2-2012, § 2, 2-13-2012)