The purpose of this Article is to identify the land uses allowed in the Silverton zoning districts and establish the standards that apply to certain uses (use-specific standards). This article is organized as follows:

(a)

Table Sec. 15-3-1 lists the uses allowed by zoning district and cross-references applicable use-specific standards.

(b)

Section 15-3-50 establishes use-specific standards that are those unique standards applicable to certain land uses.

(c)

Section 15-3-60 establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure.

(d)

Section 15-3-70 establishes standards applicable to non-permanent (temporary) structures and uses.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

In Table Sec. 15-3-1, land uses and activities are classified into six general use categories: (1) Residential; (2) Public, Institutional, and Civic; (3) Commercial; (4) Industrial; (5) Accessory; and (6) Temporary. Specific uses are organized within the general use categories, based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This provides a systematic basis for assigning present and future land uses into appropriate zoning districts and for avoiding overlaps and inconsistencies between similar land uses.

(b)

The left-side column of Table Sec. 15-3-1 lists all use categories and many of the specific uses that might be approved by the Town. Columns in the center of the table correspond to each base zoning district and indicate whether the use is allowed in that district. The right-side column provides a cross-reference to use-specific standards that apply to that use in some or all of the zoning districts in which it is allowed.

(c)

Compliance with Additional Requirements.

(1)

Any use approved within a zoning district shall also comply with all applicable standards in this Code, any requirements of local, state, or federal law, and any conditions placed on the approval.

(2)

All uses required by any unit of local, state, or federal government to have an approval, license, or permit to operate are required to have that local, state, or federal approval, license, or permit in effect at all times, and failure to do so is a violation of this Code.

(3)

All uses subject to the operational standards of a local, state, or federal government agency, including without limitation the regulations contained in the Silverton Municipal Code and regulations of the Colorado Department of Public Health and Environment, shall operate in compliance with those standards and regulations at all times, and failure to do so is a violation of this Code.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Permitted Uses. A "P" indicates the use is allowed by right within the respective zoning district.

(b)

Uses Requiring Special Use Permit. An "S" indicates the use is only allowed through the Special Use Permit process of Section 15-8-40(j), subject to specified conditions.

(c)

Prohibited Uses. A blank space indicates the listed use is not allowed within the zoning district.

(d)

Uses for Other Purposes. Approval of a use listed in Table Sec. 15-3-1 authorizes that use only. Development or use of a property for any other use not specifically allowed in Table Sec. 15-3-1 and approved pursuant to this Code is prohibited.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Residential Uses.

(1)

Single-Unit Detached Dwelling.

a.

Where allowed, each zoning lot shall be limited to one single-unit detached dwelling.

b.

In the R-1 and R-2 districts, the maximum building footprint per zoning lot is 2,500 square feet.

(2)

Single-Unit Attached Dwelling.

a.

Single-unit attached dwellings with three or more units shall provide residential bulk storage areas as follows:

(i)

A minimum of 100 square feet of storage per dwelling unit, either within individual dwelling units or in a shared on-site storage area shall be provided. The Town Administrator may waive or decrease this requirement based on site constraints or in order to accommodate a greater number of dwelling units.

(ii)

Bulk storage areas intended for storage of materials other than food and clothing, such as tools, bicycles, or ski equipment shall be designed for this purpose. Bulk storage areas shall be separate from water heaters or other types of mechanical or electrical equipment.

1.

Exterior or detached bulk storage areas shall be designed as an integral part of the project.

2.

Bulk storage areas shall be incorporated into garages, car ports, and screening walls, using materials and details similar to those of the dwelling unit to achieve an integrated appearance.

b.

In the R-1 district:

(i)

Single-unit attached structures are limited to two dwelling units.

(ii)

A Special Use Permit is required for any single-unit attached structure with a building footprint of more than 2,500 square feet.

(3)

Duplex Dwelling. In the R-1 district, a Special Use Permit is required for any duplex structure with a building footprint of more than 2,500 square feet.

(4)

Triplex of Fourplex Dwelling. Residential bulk storage areas shall be provided as follows:

a.

A minimum of 100 square feet of storage per dwelling unit, either within individual dwelling units or in a shared on-site storage area shall be provided. The Town Administrator may waive or decrease this requirement based on site constraints or in order to accommodate a greater number of dwelling units.

b.

Bulk storage areas intended for storage of materials other than food and clothing, such as tools, bicycles, or ski equipment shall be designed for this purpose. Bulk storage areas shall be separate from water heaters or other types of mechanical or electrical equipment.

c.

Exterior or detached bulk storage areas shall be designed as an integral part of the project. Bulk storage areas shall be incorporated into garages, car ports, and screening walls, using materials and details similar to those of the dwelling unit to achieve an integrated appearance.

(5)

Cottage Court Dwelling.

a.

The minimum parcel size for a cottage court development is 10,000 square feet.

b.

The building footprint of each detached single-unit dwelling shall not exceed 650 square feet.

c.

Individual units shall be clustered around a shared private common space containing at least ten percent of the project area.

d.

A shared facility for communal cooking, dining, and other activities containing no more than 1,500 square feet may be provided.

e.

All other building and lot requirements, including building setbacks, for the base zoning district shall apply to the project site as a whole, not individual units.

(6)

Multiunit Dwelling. Residential bulk storage areas shall be provided as follows:

a.

A minimum of 100 square feet of storage per dwelling unit, either within individual dwelling units or in a shared on-site storage area shall be provided. The Town Administrator may waive or decrease this requirement based on site constraints or in order to accommodate a greater number of dwelling units.

b.

Bulk storage areas intended for storage of materials other than food and clothing, such as tools, bicycles, or ski equipment shall be designed for this purpose. Bulk storage areas shall be separate from water heaters or other types of mechanical or electrical equipment.

c.

Exterior or detached bulk storage areas shall be designed as an integral part of the project. Bulk storage areas shall be incorporated into garages, car ports, and screening walls, using materials and details similar to those of the dwelling unit to achieve an integrated appearance.

(7)

Live/Work Dwelling.

a.

Residential areas shall be located on upper floors above nonresidential areas, or in the rear of the building behind nonresidential areas.

b.

The nonresidential use shall be a maximum of 60 percent of the gross floor area of the building.

c.

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

(8)

Manufactured or Tiny Home Park.

a.

Manufactured Homes and Spaces.

(i)

Each manufactured home shall be:

1.

Either permanently or semi-permanently affixed to the ground in accordance with 8 CCR 1302-7 and the manufacturer's specifications, with the running gear and towing hitch removed; and

2.

Set upon a base or pad having an anchoring system that is completely concealed under the structure.

(ii)

All manufactured homes must be fully skirted within 30 days of placement.

(iii)

The space below each manufactured home shall be kept clean and free from refuse. The space may be used for storage provided the ground is covered with an impervious material, the area is insulated, and the area is maintained to prevent harboring of rodents.

(iv)

Flammable materials shall not be stored beneath a manufactured home.

(v)

The owner of any existing manufactured or mobile home that is substantially damaged or destroyed (more than 50 percent of assessed valuation) shall submit an appraisal prepared by a professional appraiser within 60 days of notice of violation. If the appraisal shows that the home has been damaged by more than 50 percent of assessed valuation, the manufactured or mobile home shall be removed from the park within 30 days.

b.

Tiny Homes. Each tiny home within a manufactured or tiny home park shall have a state certification and installation insignia to confirm it has been built to meet the state requirements related to wind, snow, design temperature, wildfire risk, and wildfire suppression.

c.

Site Design.

(i)

The minimum lot area required for a manufactured or tiny home park shall be 10,000 square feet. Individual manufactured or tiny home spaces within the park are not required to meet the minimum lot area.

(ii)

All building and lot requirements, including primary structure setbacks, for the base zoning district shall apply to the project site as a whole (not individual units).

(iii)

No manufactured or tiny home in a park shall be located closer than ten feet from the nearest manufactured or tiny home in any direction, including additions or added structures.

(iv)

Water, sewer, and electrical connections shall be installed pursuant to the Development Standards and Specifications, this Code, and all applicable Town ordinances.

(v)

All electric power lines within the park shall be buried.

(vi)

All manufactured or tiny homes shall be equipped with an automatic fire suppression system or a fire extinguishing handheld device in good working condition that is capable of extinguishing all types of fires and comply with the adopted fire code.

(vii)

Each manufactured or tiny home park shall provide:

1.

A minimum of three manufactured or tiny home spaces;

2.

One off-street parking space;

3.

100 square feet of storage per manufactured or tiny home, either in individual structures or in a shared structure; and

4.

400 square feet of common open space per manufactured or home to be centrally located in the park and used for recreational purposes including but not limited to adult recreation and child play areas such as outdoor games, picnic tables, seating, and playgrounds.

(viii)

All manufactured or tiny home parks shall be maintained in accordance with the requirements of this Section, applicable State of Colorado Department Health regulations, and other applicable Town regulations.

(b)

Commercial Uses.

(1)

Animal Services.

a.

Animals shall not be permitted outside except within an accessory kennel or secure animal run or fenced area.

b.

The overnight boarding of animals shall only be permitted when incidental to medical treatment and limited to short periods of time.

(2)

Kennel.

a.

All kennels shall be enclosed within a building that prevents any sounds in excess of the maximum permissible noise levels for residential zoning districts, set forth in C.R.S. 25-12-103.

b.

Animals shall not be permitted outside except within a secure animal run or fenced area.

(3)

Recreational Vehicle Park.

a.

Recreational Vehicle Spaces.

(i)

The minimum lot area for a recreational vehicle park is 60,000 square feet.

(ii)

The minimum size of each individual recreational vehicle parking space within the park is 1,250 square feet.

(iii)

The minimum space required between parked recreational vehicles is 15 feet in any direction.

b.

Site Design.

(i)

Water, sewer and electrical connections shall be provided for at least 60 percent of the total number of recreational vehicle spaces and camp sites within the park, all of which shall be installed pursuant to the Development Standards and Specifications, this Code, and all applicable Town ordinances. All new electric power lines within the park shall be buried.

(ii)

The storage, collection, and disposal of refuse shall be performed to minimize accidents, fire hazards, air pollution, odors, insects, rodents, or other nuisance conditions. All trash containers shall be animal resistant.

(iii)

The park shall be sufficiently lighted to assure the security and safety of the residents. All lighting shall comply with the standards in Section 15-6-40, Outdoor Lighting.

(iv)

No permanent or semi-permanent structures, such as cabins, lean-tos, accessory structures, sheds, or habitable buildings, whether placed on a permanent foundation or not, shall be erected on a site except when owned and managed by the owner/operator of the property.

(v)

Opaque screening, such as fences or landscaping materials, a maximum of six feet in height, shall be provided along property boundaries separating the park from adjacent residential property.

(vi)

Each recreational vehicle park shall comply with the requirements of the Colorado Department of Public Health and Environment regulations for Campgrounds and Recreation Areas (6 CCR 1010-9) including those related to the provision of toilet, lavatory, and bathing fixtures.

c.

Review Required.

(i)

Special Use Permit applications for the construction of a recreational vehicle park shall be submitted concurrently with the initial business license and shall include a site plan showing the layout of recreational vehicle spaces, sanitary facilities, and all other aspects of conformance with this Section as may be required.

(ii)

The plat and design shall be subject Planning Commission and Board of Trustees review prior to the granting of a business license.

d.

Damage, Destruction, or Inoperability. Any recreational vehicle unit that does not meet the requirements of this Section must be removed from the park within 15 days of a notice of violation.

(4)

Vacation Rental.

a.

Purpose.

(i)

The purpose of this Section is to:

1.

Preserve the character and ambiance of Silverton's neighborhoods;

2.

Allow vacation rentals as short-term visitor accommodations within certain zoning districts;

3.

Minimize the negative impacts attributable to vacation rentals and the associated increase in the negative intensity of their use; and

4.

Ensure compatibility with the existing surrounding land uses.

(ii)

These provisions are intended to address concerns regarding the use of residential units as vacation rentals on a short-term basis by regulating guest turnover rates, housekeeping and maintenance activities, traffic, noise, overcrowding, health and safety concerns, on-street parking, and other adverse neighborhood impacts.

b.

Planning and Zoning. New and existing vacation rentals approved prior to the Effective Date shall comply with the following requirements and restrictions:

(i)

Permit Required. Property owners are required to obtain a Vacation Rental Permit pursuant to Section 15-8-30(o) to operate a vacation rental within the town.

(ii)

Non Transferrable. Vacation rental permits are non-transferable when a change in property ownership occurs. All vacation rental permits shall be granted solely to the property owner or legal entity for the residential dwelling unit at the address shown on the application.

(iii)

Caps by Zoning District. Vacation rentals within the R-1, R-2, and C-2 zones are capped at a maximum of eight vacation rentals in each of these three zoning districts.

(iv)

Prohibitions. Vacation rentals within the C-1 and P zoning districts, and in the red zone of avalanche hazard areas, are prohibited. No vacation rental applications will be accepted by the Town in any zoning district involving a structure that does not yet exist and/or has not yet received a Certificate of Occupancy.

(v)

Separation Distance. No vacation rental application for a structure in the R-1, R-2, or C-2 zoning districts will be approved if the proposed vacation rental is within a 100 foot radius (measured from the nearest property line) of a currently permitted vacation rental (measured to the nearest property line of an existing vacation rental), excluding adjacency to any permitted MU-1 zoning district vacation rentals. There shall be no minimum separation distance for vacation rentals in the MU-1 zoning district.

(vi)

Performance Standards. The emission of noise, glare, flashing lights, vibrations, or odors shall not exceed those commonly experienced in the underlying zoning district.

(vii)

Parking.

1.

Guests shall park their vehicles and trailers on-site within a designated parking area and/or on the public street directly adjacent to or nearest available space to the vacation rental, complying with the neighborhood parking pattern (i.e., perpendicular, angle, parallel).

2.

Parking shall not block fire hydrants, alleyways or through traffic lanes, and are subject to snow route parking regulations.

3.

The availability of guest parking, on-site and on-street (as provided for in this paragraph), shall be considered in calculating the allowable and appropriate capacity of the vacation rental.

4.

Consideration shall be given by the applicant to avoid limiting impacts to adjacent land owner parking, impeding traffic, creating safety hazards (traffic and pedestrian). Violations of Town traffic laws, snow removal regulations, and other applicable portions of the Silverton Municipal Code will be considered in the calculation.

(viii)

Signage. Vacation rentals are permitted signage as described in Section 15-7-50(f), Residential and Vacation Rental Signs.

c.

Owner Restrictions and Requirements. Owners of vacation rentals shall comply with the following:

(i)

Limitation of Ownership.

1.

Only one vacation rental permit shall be allowed per person.

2.

An individual who owns more than one property, whether jointly, individually, or through a corporation, partnership, trust, LLC, or similar entity, may obtain a vacation rental permit for only one of the properties.

(ii)

Permits and Licenses. Owners of vacation rentals shall be required to obtain a vacation rental permit, current business license, and sales tax license. The required permit and licenses shall be obtained prior to operation of the vacation rental.

(iii)

Fees. The vacation rental application fee and annual renewal permit fee are established by resolution by the Board of Trustees. Vacation rental owners are required to pay all applicable taxes and fees, including but not limited to the vacation rental application fee, annual permit renewal fee, Town lodger's fees and state sales tax.

(iv)

Inspections. Vacation rentals are subject to safety, fire, code and health inspections and shall be in compliance with all applicable building, fire and zoning codes. Receipt of a vacation rental application constitutes permission by the property owner to allow the Town Administrator to inspect the property for compliance with said codes. The structure for which the application is submitted shall be owned by the applicant, shall possess a Certificate of Occupancy, be free from requiring major repairs, be adequately furnished and clean, and be in compliance with all applicable building, fire, and safety codes, prior to tenant occupancy.

(v)

Insurance. Owners of vacation rentals shall obtain and maintain industry standard property and liability insurance required for the operation of the vacation rental. Proof of being able to obtain property and liability insurance shall be submitted as part of the vacation rental application. Proof of required property and liability insurance coverage for use as a vacation rental is required prior to the first tenancy in a new operation, and for renewal of a vacation rental permit.

(vi)

Safety. All vacation rentals shall have smoke and carbon monoxide detectors and fire extinguishers as required by the building code. Fire extinguisher(s) location(s) shall be shown and described in posted guest information and supplemented with a floor plan, which shall include an emergency exiting plan. All windows noted for emergency egress and rescue shall be operational. All heating appliances shall be properly installed and combustion gases vented per code (no "vent-less" combustion heating units are allowed). The Building Official or Fire Inspector may identify other issues required to be addressed prior to the issuance of the vacation rental permit.

(vii)

Registration. Guest registration is required for all vacation rentals. The registry shall include all tenancies for that licensed year to date, updated with each tenancy. The registration shall include the name and address of the person(s) that has contracted for the vacation rental, the number of occupants, and the dates of tenancy. The guest registration shall be kept in the possession of the property manager and/or the property owner and shall be made available upon request by the Town Administrator for inspection and photocopying.

(viii)

Management Enforcement. It is the responsibility of the owner and/or manager(s) to self-regulate infractions and violations of this Section, as well as other Town codes and laws performed by or caused by the actions of the tenant(s) of the vacation rental. Examples of this include but are not limited to: parking violations, "red alert" snow removal violation, OHVs usage violations, excessive noise, or other infractions that requires law enforcement response or result in a substantiated complaint received the Town Administrator or elected officials. "Management" (owner/manager(s)) shall immediately revoke the renter's damage deposit and/or impose a substantial penalty. "Management's" imposed penalty shall be reported in writing (mail or email) to the Code Enforcement Officer to be placed on file as a positive indication of appropriate management of the vacation rental.

(ix)

Town Enforcement. In the absence of self-regulation of tenancy by "Management," the Town Administrator will collect documentation on infractions and violations of the Municipal Code, Law Enforcement reports, and substantiated complaints for inclusion in the vacation rental's file. At permit renewal, or at any time during the calendar year upon receipt of complaints, the Town Administrator will review the vacation rental's file and determine if further corrective actions are to be taken such as immediate suspension or termination of the vacation rental permit.

(x)

Local Contact and Guest Information. Each vacation rental shall have a designated local contact person(s). The local contact may be a property management/real estate company, rental agent or other person engaged or employed by the owner to rent, manage and/or supervise the vacation rental. A property owner may designate themselves as the local contact person if the owner meets the criteria of this Section. The local contact must reside within a 15 minute drive of the rental property and be available 24 hours a day during tenancies for timely response to guest and neighborhood issues and concerns. An alternate local contact shall be designated, available and meet the criteria of this Section when the primary is not available. All local contacts shall list their name, address and telephone/cell number and shall be posted in a prominent location within the vacation rental. Contact information also shall be provided to the Code Enforcement Officer. Any change to the local contact(s) name, address or telephone/cell number shall be promptly updated and submitted to the Code Enforcement Officer.

(xi)

Violations. It is unlawful for any person to use or allow the use of vacation rental in violation of the provisions of this Section. Failure to be in complete compliance with this Section at any time may be grounds for suspension or revocation of the vacation rental permit and business license. A suspension or revocation of the license, if necessary, shall be determined at the discretion of the Town Administrator.

(xii)

Waiting List. The Town Administrator will create and maintain a vacation rental application waiting list. The vacation rental application fee and business license fee payment is due when a vacation rental permit application, reasonably completed as determined by the Town Administrator, is placed on the waiting list. The application fee is non-refundable. To remain in good standing on the waiting list, applicants shall pay an annual waiting list fee as set forth in the Town's Fee Schedule. If an opening becomes available for a wait-listed application, an inspection shall be required prior to tenant occupancy. If a wait-listed applicant is contacted by the Town Administrator about the availability of a permit, the applicant shall have 30 days to file an updated vacation rental permit application, if necessary, that meets all requirements of Sections c. and d.

d.

Standards.

(i)

Occupancy R-1, R-2, MU-1, and C-2 Zoning Districts. The maximum occupancy shall not exceed two persons per bedroom, plus two additional guests. The Town may modify a maximum occupancy based upon the following considerations: location, size, building/fire code requirements, parking and/or other site-specific neighborhood considerations.

(ii)

Tenancy All Zoning Districts. A vacation rental owner may choose to rent their vacation rental for a longer term than 30 days to one tenant without penalty or loss of their current vacation rental permit so long as owner remains in compliance with all terms of this Section.

(iii)

Guest Information. Each vacation rental shall provide guests with information about the property, which shall include but is not limited to:

1.

Local contact(s) information;

2.

Procedures for use of appliances and heating safety and exiting;

3.

Fire extinguisher location(s);

4.

Emergency services;

5.

Designated parking;

6.

Snow route procedures and "Red Alert" notification sign up;

7.

A statement that all guests will be held to the local municipal laws and applicable Land Use Code regulations; and

8.

All other relevant information for the safe and legal occupancy of the rental unit.

(5)

Repair, Low Impact. No outdoor storage of vehicle parts, discarded tires, or similar materials shall be permitted.

(6)

Service Station. No above ground equipment for the service of gasoline, oil, air, water, or electric charging shall be closer than ten feet to any right-of-way.

(c)

Industrial Uses.

(1)

General Industrial Use Standards.

a.

Residential Adjacency. If a proposed industrial use shares common lot lines with or is separated only by an alley from a single-unit detached dwelling, all activities related to the industrial use shall be conducted within a completely enclosed building.

b.

Performance Standards.

(i)

Industrial uses shall not create any danger to the safety of persons in surrounding areas nor cause water, soil, or air pollution in violation of state or federal statutory and regulatory provisions, nor create noise, vibration, smoke, dust, odors, or glare that is measurable beyond the property line of the property on which the use is located.

(ii)

Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in order to make glare or heat completely imperceptible from off site when measured at the property line.

(iii)

Industrial operation shall cause no vibration perceptible without instruments at any point along the property line.

(iv)

All industrial uses that produce smoke or any air contaminant shall be subject to the jurisdiction and regulations of the Colorado Air Quality Control Department and the Colorado Air Quality Control Division. Visible emissions of any kind are prohibited when measured at ground level at the property line of the property on which the source of the emissions is located.

(v)

No industrial use shall cause or allow the emission of malodorous air contaminants from any single source that results in detectable odors that are apparent outside the property boundaries.

(vi)

All uses shall operate so that the volume of sound continuously or recurrently generated shall not exceed 70 decibels at any point on any boundary line of the property on which the use is located.

(vii)

No industrial operation shall be allowed to produce fugitive dust in amounts which are noticeable outside of the property boundaries of the use.

(viii)

All truck and other vehicular traffic to and from the site shall not create hazards or nuisances along any public roadways.

(ix)

All liquid and solid wastes produced shall be confined within the property boundaries until disposed of by proper means. No person shall cause or permit any materials to be handled, transported or stored in a manner which allows or may allow particulate matter to become airborne or liquid matter to drain onto or into the ground.

c.

Screening Required. Any outdoor activities or storage associated with an industrial use shall be screened from public view to the maximum extent practicable. Methods of screening may include placing stored items inside a garage or storage shed, using an opaque fence to enclose the storage or activity area, or any method approved by the Town Administrator that would provide the same degree of screening as an opaque fence. Screening height shall be sufficient to hide the equipment, vehicles, or other materials, but shall not exceed six feet in height.

(2)

Artisan Industrial. All activities shall be conducted within a completely enclosed building.

(3)

Wireless Communication Facilities (WCF).

a.

Purpose. The purpose of this Section is to establish development standards that comply with the requirements of state and federal law for public private telecommunication service and to:

(i)

Protect the public safety and welfare, safeguard community land values, and promote orderly planning and development;

(ii)

Provide for the managed development, installation, maintenance, modification, and removal of wireless communications infrastructure in the town with the fewest number of WCFs to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent service;

(iii)

Encourage the joint use and location of new and existing WCFs; and

(iv)

Mitigate any adverse, undesirable visual impacts on the community.

b.

Applicability.

(i)

This Section shall apply to all WCF applications and shall not preempt underlying zoning regulations unless explicitly stated in this subsection or as explicitly state in federal and/or state law.

(ii)

The requirements set forth in this subsection shall not apply to:

1.

Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas, provided that the height be no more than the distance from the base of the antenna to the property line is met.

2.

Any WCF for which a permit has been properly issued prior to the Effective Date shall not be required to meet the requirements of this subsection, other than the operational standards set forth in this subsection. Changes and additions to pre-existing WCFs shall meet applicable operational standards set forth in this subsection.

3.

Antennas used for reception of television, multi-channel video programming and radio such as over the air reception devices ("OTARD") antennas, television broadcast band antennas, and broadcast radio antennas, provided that any requirements related to special uses of this UDC and the requirement that the height be no more than the distance from the base to the property line are met. The Town Administrator has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures, if in the Town Administrator's reasonable discretion, modifications are necessary to comply with federal law.

4.

A WCF installed upon the declaration of a state of emergency by the federal, state, or local government, or a written determination of public necessity by the Town Administrator.

c.

General Provisions.

(i)

Federal Requirements. All WCFs shall meet the current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate WCFs. If the standards and regulations are changed, then the owners of the WCF shall bring the facility into compliance with the revised standards and regulations within the time period mandated by the controlling federal agency.

(ii)

Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the Town, the Town may request that the owner or operator of the WCF provide information demonstrating compliance. If the information suggests, in the reasonable discretion of the Town, that the WCF may not be in compliance, the Town may request and the owner or operator of the WCF shall then submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the Town finds that the facility does not meet federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to this Section. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the owner or operator.

(iii)

Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone, and other communication services utilized by adjacent residential and nonresidential properties; nor shall any facilities interfere with any public safety communications.

(iv)

Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the Town concludes that a WCF fails to comply with applicable codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have 30 days from the date of notice to bring the WCF into compliance. Upon good cause shown by the owner, the Building Official may extend the compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring the WCF into compliance within said time period, the Town may remove the WCF at the owner's expense.

(v)

Abandonment and Removal.

1.

For any WCF constructed after the Effective Date, if the WCF is not used to transmit, receive, or relay voice and data signals to or from wireless communication devices for a period of six months, the WCF shall be considered abandoned and the owner of record shall notify the Building Official and apply for a permit to remove the structure. All WCFs shall be restored to service or removed by the person who constructed the facility, by the person who operated the facility, or by the property owner within 18 months from the time the WCF ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices.

2.

If the use of the WCF has not been restored within an 18-month period from the time the WCF have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the WCF shall be removed and the WCF site restored to its original or better condition, at the property owner's expense.

(vi)

Building Permit Required. A building permit is required for all new WCFs.

d.

Standards for Specific Facility Types. All new WCFs or collocations that do not meet the definition of an eligible facilities request, shall be subject to the standards in the table below:

e.

Eligible Facilities Request. All applications for approval of an eligible facilities request and treatment of WCFs that do not propose a substantial change to existing WCFs shall be processed according to and meet the requirements of the federal Telecommunications Act and Section 6409 of the Middle Class Tax Relief and Job Creation Act (2012), also known as the "Spectrum Act," as amended by the federal courts.

(4)

Warehousing and Storage Facilities.

a.

All storage areas shall be located within an enclosed building, except recreation or other oversized vehicles, which shall be stored only in exterior areas screened from view from any street frontage.

b.

Only storage of goods and materials is allowed in self-storage rental spaces. The use of storage spaces to conduct or operate a business is prohibited.

c.

The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances, and other similar equipment within a storage unit is prohibited.

d.

The storage of hazardous materials is prohibited.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Purpose. The purpose of this Section is to allow for accessory uses that are customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section.

(b)

Applicability. All principal uses allowed in a zoning district per Table Sec. 15-3-1: Use Table, shall be deemed to include those accessory uses, structures, and activities typically associated with that use, unless specifically prohibited in this Section. Accessory uses are subject to the standards in this Section and any applicable use-specific standards for the associated principal use in Section 15-3-50.

(c)

General Standards. All accessory uses and structures are subject to the following standards, except accessory dwelling units (ADUs), which are only required to meet the standards set forth in Section 15-3-60(d).

(1)

Accessory uses shall be located on the same lot as the associated principal use, either in a separate structure or in the same building. Accessory structures are subject to all applicable setbacks and required spacing between buildings.

(2)

Accessory uses shall be controlled in the same manner as the associated principal use, except as otherwise expressly provided in this Code.

(3)

The total square footage of accessory structures shall not exceed the total square footage of the primary structure.

(4)

The maximum height cannot exceed the height of primary structure.

(5)

No accessory use or structure shall be established prior to the principal use or primary structure to which it is accessory.

(6)

All accessory structures that are 120 square feet or larger shall be considered an accessory building and require a building permit.

(d)

Accessory Dwelling Unit (ADU).

(1)

Purpose. The creation of legal accessory dwelling units (ADUs) is generally encouraged as an effective means to increase available long-term housing, while minimizing any increase in infrastructure maintenance, and while retaining existing neighborhood character.

(2)

General. Any accessory dwelling unit (ADU) shall:

a.

Have a minimum size of 300 square feet usable floor area, as defined by the currently adopted building codes;

b.

Not exceed 800 square feet of usable floor space, or 50 percent of the gross floor area of the principal dwelling, whichever is greater;

c.

Include a kitchen and a bathroom (to include, but not limited to, a sink, a toilet, and a shower or bathtub);

d.

Have an individual exterior entry or a shared interior entryway, with direct pedestrian access to a public right-of-way. Provisions for maintaining safe exiting from the ADU and the public right-of-way during all weather conditions shall be addressed; and

e.

Not be subdivided and/or subsequently sold as fee simple ownership. It shall remain as part of the property where the principal dwelling is located.

(3)

Detached ADUs.

a.

Detached ADUs shall be:

(i)

Separated from the principal unit by a minimum distance of three feet; and

(ii)

Located to the side or the rear of the principal dwelling unit.

b.

Detached ADUs shall not be calculated as part of the maximum building footprint limited by Section 15-3-50(a)(1), Single-Unit Detached Dwelling.

c.

Tiny homes, as defined in Section 15-11-30, shall be permitted as ADUs provided they meet all of the standards set forth in this Section.

(4)

Dimensional Standards.

a.

Lot Size and Height. The minimum lot size and maximum height shall conform to the underlying zoning district's requirements.

b.

Setbacks. Front, side, street side, and rear setbacks shall conform to the underlying zoning district's requirements. If the approximate setback distances cannot be determined, then the Town Administrator may require the applicant to submit a survey or an improvement location certificate (ILC).

(5)

Use and Occupancy of Principal and Accessory Dwelling Units.

a.

If the owner obtains a valid approval for a vacation rental pursuant to Section 15-3-50(b)(4), the principal dwelling or the ADU can be used as a vacation rental, but not both dwellings.

b.

In the event of the simultaneous rental of both the ADU and the principal dwelling, the lease term for both units shall be for a minimum of three months.

c.

In the event an ADU is rented, not including those ADUs used as vacation rentals, it shall be rented by persons who meet the following criteria:

(i)

The unit shall be the primary residence of the tenant(s); and

(ii)

Long-term tenancy shall mean rental for a term of a minimum of 31 days is required for an initial lease.

(6)

Design Standards.

a.

All construction of ADUs in the Historic District Overlay shall comply with all applicable design requirements set forth in Section 15-2-80(a).

b.

ADUs shall be oriented and designed in a manner that maintains the privacy of the occupants on adjacent properties, as determined by a site visit and site-specific conditions, including but not limited to building heights, solar access, locations of doors, windows and outdoor spaces, walls, fences, and landscape screening.

(7)

Address. Addresses for ADUs shall be the same as the principal dwelling plus one-half, or shall be assigned a number by the tap location method, as determined by the Town Administrator.

(8)

Utilities. ADUs shall comply with the utility and billing requirements set forth in Chapter 13 of the Silverton Municipal Code.

(e)

Cottage Industry.

(1)

Prohibited Cottage Industry. The following cottage industries are prohibited in all districts:

a.

Industries that involve highly combustible materials or any material considered hazardous under federal or state law;

b.

Industries that are objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, or similar disturbances;

c.

Heavy equipment or vehicle repair, unless all operations are conducted inside a fully enclosed structure; and

d.

Any other use that is not listed as a permitted or special use in any zoning district in the town.

(2)

Requirements and Restrictions.

a.

Signage may be permitted pursuant to Article 7, Signs.

b.

The cottage industry may be located within a single-unit detached or attached dwelling, not to exceed 40 percent of the dwelling, or in a separate structure not to exceed 1,200 square feet.

c.

Hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m.

d.

There shall be no visible storage of equipment, materials, or vehicles with more than two axles.

e.

On-site dining is prohibited.

(3)

Business License Required. All cottage industries shall be required to obtain a business license in accordance with the procedure for review provided in Chapter 6 of the Silverton Municipal Code.

(f)

Domestic Animals. Any property keeping domestic animals shall be subject to all applicable standards of Chapter 7, Article 8 of the Silverton Municipal Code including Section 7-8-100, Rabbits and Fowl and Chapter 7, Article 8, Division 3, Cats and Dogs.

(g)

Electric Vehicle (EV) Charging Station.

(1)

All EV charging facilities shall be connected to the proper transformer as determined by San Miguel Power Association.

(2)

EV charging facility spaces shall be signed for the charging of electric vehicles only.

(3)

EV charging facility equipment shall be located so that it does not interfere with vehicular, bicycle, or pedestrian access and circulation, or with required snow storage areas.

(h)

Family Child Care Home.

(1)

All family child care homes shall comply with all applicable requirements set forth in 12 CCR 2509-8.

(2)

The child care operations shall be conducted only by the residents of the principal dwelling.

(3)

One non-illuminated wall sign not exceeding four square feet in area and mounted flat against the building is allowed.

(4)

The child care operation shall not generate significantly greater traffic volume than would normally be expected in the residential area in which the home occupation is conducted.

(i)

Greenhouse.

(1)

Accessory greenhouse structures, including but not limited to hoop houses, growing domes, and traditional framed greenhouses shall be limited to 400 square feet and shall not be over 15 feet in height.

(2)

Accessory greenhouse structures shall only be located in rear or side yards.

(j)

Home Occupation.

(1)

Prohibited Home Occupations. The following home occupations are prohibited in all districts:

a.

Occupations that involve highly combustible materials or any material considered hazardous under federal or state law;

b.

Occupations that are objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, or similar disturbances;

c.

Retail sales, including but not limited to firearms sales;

d.

Any use that involves serving food, beverages, or meals to customers who visit the site for that purpose except cottage food operations as defined in this LUC;

e.

Heavy equipment or vehicle repair, unless all operations are conducted inside a fully enclosed structure; and

f.

Any other use that is not listed as a permitted or conditional use in any zoning district in the town.

(2)

Multiple Home Occupations.

a.

More than one home occupation may be permitted within an individual dwelling unit.

b.

Where multiple home occupations are conducted within an individual dwelling unit, the requirements of Subsection (3), below, shall be applied to the combined total of all home occupation activities, not to each home occupation individually.

(3)

Requirements and Restrictions.

a.

The operator of the home occupation shall reside in a permitted primary or accessory dwelling unit on the property.

b.

The home occupation shall be conducted within the principal dwelling or an accessory structure on the same property as the principal dwelling.

c.

Up to 25 percent of the floor area of the dwelling unit, but in no case more than 500 square feet, may be used in the conduct of the home occupation.

d.

The home occupation shall have a maximum of two employees who do not reside on the property.

e.

Customer shall not visit the home occupation between the hours of 9:00 p.m. and 8:00 a.m.

f.

The home occupation shall not involve internal or external alterations or construction features not normally found in dwellings and shall not include a separate entrance.

g.

Any outdoor storage of equipment or materials in connection with the home occupation shall comply with the standards for outdoor residential storage in Section 15-3-60(m).

h.

No display of products, goods, or services that is visible from outside the dwelling unit are permitted.

i.

One non-illuminated wall sign not exceeding four square feet in area and mounted flat against the building is allowed.

(4)

Business License Required. All home occupations shall be required to obtain a business license in accordance with the procedure for review provided in Chapter 6 of the Silverton Municipal Code.

(k)

Horse and Livestock Keeping. Any property keeping livestock shall be subject to all applicable standards of Chapter 7, Article 8, Division 1 of the Silverton Municipal Code including Section 7-8-110.

(l)

Outdoor Storage, Commercial.

(1)

Accessory outdoor storage areas used in conjunction with a nonresidential use shall not cover an area larger than the primary building on the site or 50 percent of the total area of the site, whichever is less.

(2)

Accessory outdoor storage areas shall be located to the side or rear of the primary building and outside any parking, traffic circulation, or right-of-way that serves the site.

(3)

Outdoor storage uses shall be maintained in an orderly manner with no junk, trash, or debris.

(4)

Outdoor storage areas shall be screened from public view to the maximum extent practicable. Screening height shall be sufficient to hide the equipment, vehicles, or other materials, but shall not exceed six feet in height.

(m)

Outdoor Storage, Residential.

(1)

Accessory outdoor storage areas including enclosed structures used in conjunction with a residential use shall not exceed 200 square feet.

(2)

Outdoor storage areas shall be screened from public view to the maximum extent practicable. Screening height shall be sufficient to hide the equipment, vehicles, or other materials, but shall not exceed six feet in height.

(n)

Propane Tank. Any existing or proposed above-ground or underground propane tank(s) shall be located the minimum distances from property lines and/or structures on the lot as required by the International Building Code (IBC) and National Fire Protection Association (NFPA) standards.

(o)

Recreational Vehicle Storage.

(1)

One unoccupied recreational vehicle per dwelling may be kept, stored, or parked on the same property as the dwelling. Units in excess of one per dwelling must be stored in totally enclosed accessory structures conforming with current building codes.

(2)

Storage may be on private property, with permission of the property owner, or on the street right-of-way, with permission of Public Works.

(3)

All recreational vehicles stored under the above conditions must comply with Section 11-1-50 of the Silverton Municipal Code, with the Model Traffic Code adopted by the Town, and with all directives of the Public Works Director for purposes of street maintenance and snow removal.

(4)

No recreational vehicles shall be kept, stored, or parked in any alley.

(p)

Solar Energy System, Ground or Roof-Mounted.

(1)

Solar collectors shall only be located in rear or side yards or on rooftops.

(2)

If the solar collector is not flush with the roof the applicant shall minimize the visibility of the collector from a public street, park, or open space to the maximum extent practicable without prohibiting the installation.

(3)

Ground-mounted accessory solar collectors shall not exceed the height of the primary structure on the lot or parcel.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Purpose. The purpose of this Section is to allow for temporary uses and structures of limited duration, provided that temporary uses comply with the standards in this Section and are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.

(b)

Applicability. This Section shall apply to:

(1)

Temporary buildings;

(2)

Temporary display and sale of merchandise;

(3)

Mobile trailers, activities, and/or uses incidental to the construction of a building or group of buildings on the same or adjacent premises;

(4)

Seasonal uses (e.g., fireworks stands, Christmas tree lots, and produce stands); and

(5)

Other uses that clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the Town Administrator.

(c)

Exemptions. Temporary decorations or displays are allowed without a Temporary Use Permit or in conjunction with a temporary use subject to this Section provided:

(1)

Temporary decorations or displays are allowed when clearly incidental to and commonly associated with a particular season, holiday, cultural event, or any community-wide special event.

(2)

Temporary decorations and displays must be removed if damaged or in disrepair and within 72 hours following the conclusion of the particular event or holiday.

(3)

Temporary decorations and displays may not be erected so as to obstruct the use or visibility of the public right-of-way.

(d)

General Standards.

(1)

Temporary Use Permit Required. No temporary use may begin operation before approval of a permit pursuant to Section 15-8-30(n).

(2)

Location. The temporary use shall allow for placement of a temporary structure, vehicle, or sign outside of any required setback, sidewalk, or any other position on a lot that may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public.

(3)

Duration. Temporary uses shall not exceed 120 days, unless otherwise noted in this Section. One extension for up to an additional 120 may be granted by the Town Administrator.

(4)

Additional Permits. Any tent, trailer, or structure subject to the requirements of this Section and intended or used for human occupancy shall comply with the adopted building and fire codes as well as with any local health regulations.

(5)

Removal. After the termination of the temporary use, the site shall be restored to its prior condition by the removal of the any structures, debris or refuse associated with the temporary use.

(e)

Farm Stand.

(1)

Farm stands may operate for up to six months of the year. When the farm stand is not in use, it must be removed and stored indoors.

(2)

In residential zoning districts, hours of operation shall be restricted from 7:00 a.m. to 7:00 p.m.

(3)

The stand shall comply with all dimensional standards of the applicable zoning district.

(f)

Farmer's Market.

(1)

A farmer's market shall only operate, including any setup or breakdown activities, a total of 12 hours per day between the hours of 7:00 a.m. and 10:00 p.m.

(2)

A farmer's market shall not occupy an area larger than 20,000 square feet and shall meet the zoning district required setbacks, unless otherwise approved by the Town Administrator.

(g)

Food Truck.

(1)

Each food truck shall have written permission from the property owner for use of the site and allowed location on the site.

(2)

Each food truck shall comply with all applicable town, state, and federal requirements including those related to licensing and operating in the public right-of-way and shall be in good operating condition.

(3)

Food truck operations shall only occur between 7:00 a.m. and 10:00 p.m., unless otherwise specified in an approved Special Event Permit.

(h)

Portable Storage Unit.

(1)

A portable storage unit shall be used only for temporary storage. Long-term, on-site storage is prohibited.

(2)

The outside dimensions shall not exceed 16 feet in length, eight feet in width, and nine feet in height.

(3)

Portable storage units are prohibited within any public right-of-way.

(4)

A portable storage unit shall be located in a manner which does not hinder pedestrian or vehicular access to the premises.

(i)

Portable Waste Trailer.

(1)

Portable waste trailers may be parked in an on-street parking space or along a public street, excluding Greene Street, provided the trailer is located on the same block of the business(es) using the trailer.

(2)

Trailer dimensions shall not exceed 16 feet in length and eight feet in width.

(3)

Portable waste trailers shall not encroach into or interfere with pedestrian or vehicular travel.

(4)

All trash or recyclables shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate around or near the trailer.

(5)

Portable waste trailers shall not create excessive odor problems or present a health hazard.

(j)

Temporary Event or Sales.

(1)

Temporary events or sales conducted from movable structures or upon vacant lots shall submit a site plan, including, without limitation, the location, setback from property line, screening, sign and fence locations, if applicable, and electric meter locations or power source.

(2)

Upon termination of the use and on days for which no event is approved, the lot or portion of the lot used for the event or sales area shall be returned substantially to its original condition. All litter, fences, borders, tie-down materials, and other items associated with the temporary event shall be promptly removed.

(3)

Temporary events shall only be conducted by the owner or lessee of the property or with the permission of the owner or lessee of the property on which it is conducted.

(4)

Temporary events that require a liquor license shall obtain a Special Event Permit in accordance with Chapter 6, Article 2, Division 2 of the Silverton Municipal Code.

(k)

Temporary Outdoor Dining.

(1)

General.

a.

For the purpose of this Section, references to "restaurants" include the following uses described in Table Sec. 15-3-1: Use Table: bar or tavern, craft alcohol, and restaurant.

b.

All operation must comply with state and local guidance for food and beverage operations.

c.

Business owners are responsible for following any state or local public health agency orders imposing occupancy limits.

d.

All applicants shall hold a current/active business license from the Town of Silverton.

e.

It shall be the sole responsibility of the business owner to adequately maintain and furnish a sanitary environment in patio areas/restaurant extensions including frequent general cleaning, trash removal and placement of furniture. The Town will not be responsible for providing seating or tables and all patio spaces must maintain an orderly appearance when not in operation.

f.

If alcohol is to be permitted and served within a temporary outdoor dining area, the applicant shall comply with the standards set forth in Chapter 6, Article 2, Division 3, Outdoor Dining Within the Town's Right-of-Way, of the Silverton Municipal Code.

(2)

Location.

a.

For outdoor dining areas within the public right-of-way, the area shall be located at the frontage or side street adjacent to the associated principal use restaurant.

b.

A maximum of 33 percent or one-third of existing private lots may be used for a restaurant patio extension for a currently permitted restaurant, subject to the written approval of the of the owner of the lot. Private lots to be used for this purpose must be immediately adjacent or attached to a principal use restaurant.

(3)

Operations.

a.

Temporary outdoor dining areas are allowed between May 1 ^st and October 31 ^st .

b.

Hours of operation shall be limited to 7:00 a.m. through 10:00 p.m.

c.

Temporary outdoor dining areas shall only be used for sit-down dining or curbside service (pick-up or delivery). Temporary outdoor dining areas shall not be used for standing areas, yard games, or entertainment, including but not limited to live entertainment, amplified sound or entertainment such as music over speakers, movies, sports broadcasts, or loudspeaker call systems.

(4)

Design Standards.

a.

Size. Temporary outdoor dining areas shall be limited to 512 square feet or three parking spaces.

b.

Accessibility. For all outdoor restaurant activity, operations may not block sidewalks, ADA parking, drive aisles, emergency access, fire hydrants or right-of-way; and may not create tripping hazards (e.g., with extension cords).

c.

Barricades.

(i)

In an effort to maintain a uniform appearance, the Town will provide metal barricades to business seeking to operate a temporary outdoor dining area in parking spaces adjacent to their business following issuance of an approved outdoor dining license.

(ii)

Town-issued barricades will be provided on a first come first served basis. If all Town owned barricades are in use, it will be the responsibility of the business owner to obtain approval from the Code Enforcement Officer for a suitable alternative.

(iii)

Barricades placed annually prior to May 31 will be the responsibility of the business owner to remove at the request of the Town with 48 hours' notice to accommodate for street cleaning, line painting, and other seasonal maintenance facilitated by the Fire Department and Public Works. Failure to comply with Town requests may result in revocation of outdoor dining program participation or fines.

(iv)

The Town will aid business owners who are physically unable to move barricades with removal processes and storage with 24 hours' notice.

(v)

Barricade storage will be made available to all business owners behind the Quonset hut in the public works yard. Barricades shall be kept and dropped off in a neat and orderly manner. Failure to do so may result in revocation of outdoor dining program participation or fines.

d.

Additional Standards.

(i)

Temporary tents shall be permitted provided they are weighted down a minimum of 40 pounds per leg of a ten foot by ten foot tent and more for larger tents.

(ii)

Temporary lighting is permitted and shall comply with the standards in Section 15-6-40, Outdoor Lighting.

e.

Review Required.

(i)

Restaurants shall apply for a Temporary Use Permit. Restaurants shall be responsible for obtaining all Town approvals required by Planning/Building/Code Enforcement, as well as any relevant public health agency requirements. Restaurants must pay the fee prior to receiving their barricades.

(ii)

Applicants will be required to submit proof of insurance listing the "Town of Silverton" as additionally insured as defined in Ordinance 2022-01.

(iii)

The holder of a Temporary Use Permit that authorizes the licensee to go upon public property shall indemnify and hold harmless the Town, its officers, employees and agents against any and all claims arising from any occurrence occasioned by the permitted use.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)