(a)

Unless otherwise specified, zone district boundaries are lot lines or the center line of streets, alleys, railroad rights-of-way or such lines extended.

(b)

The following items pertain to the Zone District Map:

(1)

The location and boundaries of the districts, designated in Section 16-5-20 below, are hereby established as shown on the map entitled the "Zone District Map of the Town" and signed by the Mayor and the Town Clerk, and hereafter referred to as the Zone District Map.

(2)

The Zone District Map, and all notations thereon, are hereby made a part of this Chapter.

(3)

A signed copy of the Zone District Map, containing the zone districts designated at the time of the adoption of this Chapter, shall be maintained on file in the Town Hall and recorded with the County Clerk and Recorder. Changes made in district boundaries, or other matters portrayed on the Zone District Map, shall be made in accordance with the provisions of this Chapter and Section 31-23-301, et seq., C.R.S. Changes shall be entered on the Zone District Map and shall be recorded within five (5) business days after the amendment has been approved by the Board of Trustees.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Rural Residential District (RR). The RR District is intended to provide areas where continued agriculture or grazing use is practiced on a small scale. Residential developments are limited to large lots, five (5) acres or greater in size, which are designed in a way that provides for the preservation and protection of irrigated croplands, range lands, watershed and wildlife habitats in the Town; the maintenance of agricultural production; and preservation of associated lifestyles. A very limited range of commercial uses are permitted in this area, and home occupations are allowed.

(b)

Residential District (R). The R District is intended to provide low density residential areas of the Town, plus other areas where similar residential development may occur. It anticipates residential development at densities of between one (1) to five (5) units per acre, and home occupations are allowed. Commercial development is not permitted unless it is approved in conjunction with a Planned Unit Development.

(c)

Medium Density Residential District (MDR). The MDR District is intended to encourage the integration of medium density development in areas where adequate services and facilities are available, and such densities shall not negatively impact the essential character of the district or adjacent districts. Residential development may be permitted in building configurations of one-, two- and multi-family dwellings, and home occupations are allowed. Commercial development is not permitted unless it is approved in conjunction with a Planned Unit Development.

(d)

Mobile Home District (MH). The MH District is intended to provide quiet, mid-density mobile home parks. The regulations for this district are designed to encourage the integration of mobile homes in areas where adequate services and facilities are available, and resulting development patterns shall not impact the essential character of the district or adjacent districts. Home occupations are allowed. Commercial development is not permitted unless it is approved in conjunction with a Planned Unit Development.

(e)

Recreational Vehicle District (RV). The RV District is intended to provide adequate residential areas in which recreational vehicle parks or recreational vehicle subdivisions may be allowed. The regulations for this district are intended to protect the essential characteristics of the district, including its attractiveness for outdoor recreation and as an area that is an attraction to, and provides, a high quality living environment for tourists and seasonal residents. The RV District provides for recreational vehicle parks and recreational vehicle subdivisions:

(1)

Recreational vehicle parks designed for the explicit purpose of renting recreational vehicle sites; and

(2)

Recreational vehicle subdivisions where the subdivided recreational vehicle lots are owned by individuals or an overall membership organization of which individuals are members. An application for a recreational vehicle subdivision is processed as a major subdivision in accordance with Article 4 of this Chapter.

(f)

Commercial Business District (CB). The permitted uses within this district promote and encourage a suitable environment for commercial services to area residents and tourists, while prohibiting industrial use and other activities that would discourage or reduce the quality of the resort environment.

(g)

Light Industrial District (LI). The LI District is intended to provide a place for the conducting of any light industrial activity which is not likely to become a nuisance to surrounding areas. Any impact generating uses is operated primarily within an enclosed building, and outdoor storage areas are concealed from abutting streets and highways and from adjacent residential properties. Light industrial uses do not create any danger to safety in surrounding areas and do not cause water pollution. Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations are confined primarily to the premises of the lot on which a light industrial use is located.

(h)

Heavy Industrial District (HI). The HI District is intended to provide areas where manufacturing or storage with external impacts are occurring or are anticipated. Heavy industrial is also contemplated in areas where oil and gas drilling and production operations occur.

Note: Highway Corridor 149/160 Overlay. The Highway Corridor 149/160 Overlay allows development along the highway corridors while maintaining the scenic values and vistas visible from the corridors. The Highway Corridor 149/160 Overlay shall serve as a method whereby the visual image of the Town along the highway corridors can be preserved and enhanced. Due to the fact that the foothill setting of the Town is one (1) of the primary factors motivating tourist travel to the area, it is important that development along the corridors be of a nature that does not detract from, or block, the scenic values associated with the corridors. Excessive similarity, dissimilarity or poor quality design of any building adversely affects the desirability of the immediate area and the community as a whole.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

Table 16-7 below lists permitted uses and conditional uses in each of the zone districts listed in Section 16-5-20 above. Any use not listed may be considered as a conditional use per the procedures set forth in Section 16-3-40 of this Chapter.

_____

Table 16-7. Zone District Use Schedule

(1) Regulated by Colorado Department of Public Health.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification); Ord. No. 2020-08, § 1, 9-22-2020; Ord. No. 2021-01, § 1, 1-26-2021)

Table 16-8 below lists the height, setback and other zone district standards for each of the zone districts listed in Section 16-5-20 above. Subdivision regulations in Article 4 of this Chapter shall apply to all townhouse developments involving division of land.

Table 16-8. Zone District Standards

¹ See additional standards for the MH District in Section 16-5-60.

² See additional standards for the RV District in Section 16-5-70.

³ See additional standards for the C District in Section 16-5-90.

⁴ See additional standards for the Highway Corridor 149/160 Overlay in Section 16-5-100.

⁵ Subject to specific ordinances approving the subdivision.

⁶ May be reduced to 10 feet with provisions for rear parking.

⁷ 10 foot side setback is minimum standard unless structure meets applicable fire and building codes in which case the side set back may be reduced to 0 feet. Requires written permission from land owner adjacent to the zero-foot setback property line.

⁸ Side setback requirements shall not apply to common walls between adjacent townhouses and property may be owned and occupied to such adjacent walls by different property owners.

⁹ Subdivision regulations (Article 4) shall apply to all townhouse developments involving division of land.

¹⁰ "Community Water and Sewer" shall be referenced by definitions adopted by CDPHE and the Colorado Office of the State Engineer (SEO). If not so classified, this note of classification may be supplemented with criteria by resolution of the Town Board of Trustees.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification));oh5;

(a)

The minimum lot requirements of the Residential Zone District shall not apply to utility installations such as electric substations, electric generating stations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines (not including utility offices, repair, storage or production facilities).

(b)

If there are buildings on abutting lots with setbacks of less than the required depth in the Commercial or Commercial Districts, the setback for the lot need not exceed the average setback of the abutting buildings. If there is a building on one (1) abutting lot with a setback of less than the required depth, the setback need not exceed the average setback of the abutting lot and the required setback depth.

(c)

The following types of structures or structural parts are not subject to the building height limitations: chimneys, storage tanks, water towers, church spires, belfries, domes, monuments, fire and hose towers, observation towers, utility poles, transmission towers, flag poles, radio and television towers, masts, aerials, cooling towers, elevator shafts, grain elevators, ranch and farm accessory uses, solar collectors and other similar projections.

(d)

The following may project no more than three (3) feet into a required setback: cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, solar collectors and other similar architectural features.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Setbacks.

(1)

Each mobile home park shall set aside, along the perimeter of the park, setbacks which shall be landscaped according to the plan submitted for review, except for those portions used for ingress and egress. The minimum setback requirements shall be as follows:

a.

Abutting a state or federally designated highway or county-designated major arterial: fifty (50) feet.

b.

Abutting any public right-of-way other than Subparagraph a. above, including alleys: twenty-five (25) feet.

c.

Abutting any exterior boundary other than Subparagraphs a. and b. above: fifteen (15) feet.

(2)

All mobile homes shall be parked in such spaces so that there shall be a minimum of twenty (20) feet between mobile homes. Mobile homes parked end-to-end shall have a clearance of not less than ten (10) feet between the mobile homes and not less than ten (10) feet from all streets. The tongue or hitch, and enclosed additions to the mobile home structure, shall be considered a part of the mobile home in measuring required setback distances. The required area of each mobile home space shall not include any additional area required for access roads, off-street parking, service buildings, recreation areas, office and similar mobile home park needs.

(3)

No part of a mobile home shall obstruct any roadway or walkway in a mobile home park.

(4)

No mobile home may be occupied in a mobile home park unless the mobile home is situated on a mobile home space.

(b)

Mobile home space requirements. The following minimum area requirements shall apply to mobile home spaces:

(1)

The minimum area of a mobile home space shall be three thousand five hundred (3,500) square feet.

(2)

Groups or clusters of mobile homes may be placed on a combined lot, where the area of the combined lot is equal to the minimum lot area required for an equal number of mobile homes on standard spaces. Minimum setbacks are required on the combined spaces perimeter lines, as are minimum spacing requirements.

(c)

Access and interior roadways.

(1)

A mobile home park shall have at least one (1) direct access to a public street by a roadway at least thirty-two (32) feet in width.

(2)

Access is to be provided to each mobile home space within a mobile home park by interior roadways not less than thirty-two (32) feet in width.

(3)

Interior roadways in a mobile home park shall be surfaced with asphalt, concrete or gravel wherein one hundred percent (100%) of the roadway surface gravel shall pass through the one-and-one-half (1½sieve.

(d)

Recreation area. A mobile home park shall provide an amount of not less than eight percent (8%) of the gross mobile home park area for private recreational areas. The area allowed for recreation shall not include any area designated as a roadway, mobile home space, storage area or any area required for setbacks or a water surface.

(e)

Storage areas.

(1)

An outdoor storage area for boats, boat trailers, camping units and horse trailers shall be provided within the mobile home park in an amount equal to fifty (50) square feet per mobile home space.

(2)

An indoor storage area, either individual or common, for the personal use of mobile home occupants, shall be provided in an amount equal to fifty (50) square feet per mobile home space. The space beneath the mobile home shall not fulfill this requirement.

(f)

Skirting. All mobile homes in a mobile home park shall have a skirting of a rigid type material. Such skirting shall be in place within sixty (60) days after the mobile home is set on the mobile home space.

(g)

Fire protection. Every mobile home park shall be provided at all times with fire extinguishing equipment in good working order of such type, size and number and so located as prescribed by the local fire prevention authority, or to satisfy reasonable fire regulations.

(h)

Water supply. An accessible, adequate, safe and potable supply of water, under pressure, shall be provided in each mobile home park, capable of furnishing a minimum of five hundred (500) gallons per day per mobile home space. The number of mobile home spaces to be occupied in a mobile home park shall be limited to the quantity of water available to supply each such mobile home space with the minimum requirements. Where a public supply of water of such quality is available, connection shall be made thereto and its supply may be used exclusively. The development of an independent water supply to serve the mobile home park shall meet all state and local requirements. All plumbing in the mobile home park shall comply with state and local regulations.

(i)

Sewage disposal. Mobile home parks shall be served by the SFWSD. Each mobile home space shall be provided with at least a four-inch sewer connection. The sewer connection shall be closed when not linked to a mobile home and shall be capped so as to prevent escape of odors. The mobile home drain shall be water-tight and self-draining. This drain shall be constructed of smooth "Schedule 40" plastic pipe or of other approved material. All plumbing in the mobile home park shall comply with state and local regulations.

(j)

Electricity. An electrical outlet supplying 110/220 volts shall be provided for each mobile home space. The installation shall comply with all state and local regulations.

(k)

Underground utilities. All electrical and communication utility lines and services and all street lighting circuits, except as hereinafter provided, shall be installed underground, and street lighting may be provided by means of the utilities standard ornamental facilities. Exceptions from the requirements of the foregoing and this Section shall be the following:

(1)

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground and street lighting facilities may be placed above ground within the utility easement provided therefor, or within the street or other public place as appropriate.

(2)

All facilities reasonably necessary to connect underground facilities to existing or permitted overhead or aboveground facilities.

(3)

Overhead electric transmission and distribution feeder lines and overhead communication long distance, trunk and feeder lines, existing or new.

(4)

It shall not be necessary to remove or replace existing utility facilities used or useful in servicing the mobile home park.

(l)

Refuse disposal. The storage, collection and disposal of refuse in the mobile home park shall be so managed as to create no health hazards, rodent harborage, insect-breeding areas, accident hazards or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof and bear-restrictive containers, which shall be provided in sufficient number and capacity to prevent any refuse from overflowing or blowing away. Satisfactory container racks or holders shall be provided at permanent locations convenient to mobile home spaces, in areas screened by appropriate landscaping or fencing. Methods of storage, collection and disposal are subject to compliance with any local laws and regulations. Collection shall be at least weekly. The park manager is responsible to provide proper garbage disposal.

(m)

Registration of occupants.

(1)

It shall be the duty of the mobile home park owner to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:

a.

The name and address of the owner of each mobile home;

b.

The name and address of the occupant of each mobile home, if different from the owner;

c.

The make, model and year of each mobile home; and

d.

The date of arrival and of departure of each mobile home.

(2)

The mobile home park shall keep the register available at all times for inspection by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of one (1) year following the date of departure of the registrant from the mobile home park.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Area requirements.

(1)

Recreational vehicle parks and subdivisions are prohibited on lands not provided with central water and sewer facilities.

(2)

The minimum area of a recreational vehicle lot shall be two thousand four hundred (2,400) square feet. The minimum area of a recreational vehicle space shall be one thousand two hundred fifty (1,250) square feet.

(b)

Width requirements. The minimum width of a recreational vehicle space or lot shall be:

(1)

Internal space or lot: thirty-five (35) feet.

(2)

Corner space or lot: forty-five (45) feet.

(3)

For all lots with an area of one (1) acre or larger, the minimum lot width shall be one hundred fifty (150) feet, or shall be a minimum of one hundred (100) feet when facing a cul-de-sac turnaround or curve on a minor loop street on a curve, as platted.

(4)

For all lots with an area of one-half (½) acre or larger, the minimum lot width shall be one hundred (100) feet, or shall be a minimum of seventy-five (75) feet when facing a cul-de-sac turnaround or curve on a minor loop street on a curve, as platted.

(5)

For all lots with an area of between six thousand (6,000) square feet and one-half (½) acre, the minimum lot width shall be fifty (50) feet for an interior lot, seventy-five (75) feet for a corner lot, or shall be a minimum of forty (40) feet when facing a cul-de-sac on a minor loop street on a curve, as platted.

(c)

Setback requirements.

(1)

Each recreational vehicle park or subdivision shall set aside, along the perimeter of the site, the following setbacks which shall be landscaped, except for those portions used for ingress and egress.

a.

Abutting a state-designated or federally designated highway or Town-designated major arterial: fifty (50) feet; the Board of Trustees may reduce the setback depending on the landscaping, either existing or proposed.

b.

Abutting any public right-of-way other than Subparagraph a. above, including alleys: twenty-five (25) feet.

c.

Abutting any exterior boundary other than Subparagraph a. or b. above: fifteen (15) feet.

(2)

Minimum setbacks for each lot or space shall conform to the requirements of Table 16-8.

(d)

Use provisions.

(1)

Recreational vehicle parks/subdivisions may have year-round usage under the following conditions:

a.

The central water system, central sanitation system, and all other utilities and related facilitates are designed, engineered and installed for year-round usage and also are accessible for service and maintenance all year.

b.

The main entrance, emergency entrance, and streets are designed for all seasons, marked, and maintained (including snow removal) year-round by the central owner or membership organization.

(2)

Permanent residency of the Manager or other employees in the operation of the recreational vehicle park is permitted, provided the number does not exceed in number the criteria defined in subsection 16-5-70(e)(2).

(3)

Home occupations are not permitted within any recreational vehicle or residence within a recreational vehicle park or subdivision.

(4)

The on-site sale of propane is prohibited, except from a commercially licensed vendor.

(5)

The Board of Trustees may, by conditional use permit approval, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park or subdivision residents, and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the park or subdivision, as provided in this Chapter. All uses shall be subject to the property development standards contained herein.

(e)

Accessory structures (also for general criteria reference section 16-6-20).

(1)

Not more than one (1) mobile home lot for every fifty (50) RV spaces or lots may be placed in a recreational vehicle park or subdivision. The mobile home is to be occupied only by the owner, the manager or employee in the operation of the park. Such mobile home lot and mobile home shall comply with all requirements and definitions set forth in Mobile Home District standards.

(2)

One (1) single-family dwelling is permitted for the owner or manager of a recreational vehicle park or recreational vehicle subdivision for each fifty (50) recreational vehicle spaces or lots. The setback requirements for this single-family dwelling in this zone shall be the same as provided in the Recreational Vehicle District. The minimum site area requirement for this dwelling shall be seven thousand (7,000) square feet. The dwelling may include office space for use in connection with the park or subdivision operation.

(3)

Social and recreational centers, provided that such center is at least one hundred (100) feet from any property line of the recreational vehicle park or subdivision.

(4)

Private recreation facilities for the use of the occupants of the park or subdivision and their guests, such as swimming pools, putting greens and shuffleboard courts.

(5)

Common laundry facilities, provided that there is no dry-cleaning equipment or outdoor laundry drying.

(6)

Common shower, bath and locker room facilities.

(7)

Structures to assist the handicapped.

(8)

The following structures are prohibited in recreational vehicle park spaces:

a.

Any enclosed habitable buildings.

b.

Garages, carports and RV covers.

c.

Fences greater than three (3) feet in height.

d.

Freestanding mailboxes.

e.

Storage facilities that are not of a similar size or design as other storage buildings within the recreational vehicle park or subdivision or that are used for habitation.

(9)

The following structures are permitted on any subdivided lots within a RV major subdivision:

a.

One (1) single-family dwelling and/or one (1) accessory structure permitted on a RV subdivided lot.

b.

Architectural design standard for the RV major subdivision; all dwellings and accessory structures must have exterior walls made of similar material and be of the same color. All roofs must be metal and be the same color. The color of siding and roof must be darker earth tone with low reflectivity and consistent throughout the subdivision.

c.

Each RV subdivided lot must adhere to the RV subdivision Zone District Standards for setbacks and heights listed in Table 16-8.

d.

Each structure must comply with the building code.

e.

Exterior lighting on all structures may comply with Subsection 16-5-70(g).

f.

Minimum landscaping on each subdivided lot is to include two (2) live evergreen trees on the lot.

g.

The residential building permit application, approval process, and associated fees apply to all structures.

(10)

Upon approval by the Board of Trustees the following commercial structures are permitted within a RV Major Subdivision. Structures must conform to the building code, permit process, and architectural standards established for the subdivision which include matching materials and color used for exterior walls and roofs:

a.

Office structures for management, maintenances and/or sales activities.

b.

Structures to house central water, sanitation, and other infrastructure facilities.

c.

Recreational vehicle/ATV outdoor washing facility.

d.

Retail store(s) for use by RV subdivision residents, lot owners or members, renters, and guests. Not for use by the general public.

e.

Enclosed central storage structure.

(f)

Common recreation area. A common recreation area shall be required for all recreational vehicle parks or subdivisions. The minimum amount of common recreation area shall be two hundred (200) square feet per recreational vehicle space or lot. Water surface can be no more than ten percent (10%) of the total recreation area. The recreation area may contain social halls, swimming pools, game courts, open areas, a trail system, fishing areas, etc. Open areas may either be designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of ten percent (10%). Grades above ten percent (10%) shall be common area, but not counted as recreation area. All required common open areas within a recreational vehicle park or subdivision shall be landscaped.

(g)

Lighting.

(1)

Lighting, if provided, shall be indirect, hooded and positioned so as not to reflect onto the roadway and away from the recreational vehicle space or lot and adjacent property.

(2)

Decorative lighting standards shall not exceed ten (10) feet in height. The height of all light standards shall be measured from the elevation of the adjacent pavement of the roadway. Lighting standards in recreational areas may be higher than ten (10) feet if specifically approved by the Board of Trustees.

(h)

Roadways.

(1)

All main entry roads into a recreational vehicle park or subdivision shall have a minimum width of forty (40) feet and have a clear and unobstructed access to a public right-of-way. The entry road shall be paved or surfaced with gravel.

(2)

Roadways within a recreational vehicle park or subdivision shall be a width of not less than forty (40) feet for two-way traffic and thirty (30) feet for one-way traffic. Internal roadways shall be paved or surfaced with gravel.

(3)

Each recreational vehicle space or lot shall front on an internal roadway. No recreational vehicle space or lot shall take access from a public street or alley.

(i)

Outdoor storage. No construction or flammable material or vehicle other than a recreational vehicle shall be stored within a recreational vehicle space, lot, road or common area except in special storage areas. Storage areas shall be screened by an opaque living hedge or a fence or wall not less than five (5) feet in height, and shall be clearly designated on the approved plans.

(j)

Drainage. Drainage plans shall be submitted with the application to address at least the following three (3) criteria:

(1)

The recreational vehicle park or subdivision shall be so graded that there shall be no depressions in which surface water may accumulate.

(2)

The ground shall be sloped to provide storm drainage runoff by means of surface or subsurface drainage structures.

(3)

The recreational vehicle space or lot shall be sloped to provide drainage from beneath the recreational vehicle to an outside surface drainage structure.

(k)

Water supply. An accessible, adequate, safe and potable supply of water, under pressure, shall be provided in each recreational vehicle park or subdivision capable of furnishing a minimum of one hundred twenty-five (125) gallons per day per recreational vehicle space or lot. The number of recreational vehicle spaces or lots to be occupied in a recreational vehicle park or subdivision shall be limited to the quantity of water available to supply each such recreational vehicle space or lot with the minimum requirements. Where a public supply of water of such quality is available, connection shall be made thereto and its supply may be used exclusively. The development of an independent water supply to serve the recreational vehicle park or subdivision shall meet all state and local requirements. All plumbing in the recreational vehicle park or subdivision shall comply with all state and local regulations.

(l)

Sewage disposal. Recreational vehicle parks or subdivisions shall be served by the SFWSD. Each recreational vehicle space or lot shall be provided with at least a four-inch sewer connection. The sewer connection shall be closed when not linked to a recreational vehicle and shall be capped so as to prevent escape of odors. The recreational vehicle drain shall be water-tight and self-draining. This drain shall be constructed of smooth "Schedule 40" plastic pipe or other approved material. All plumbing in the recreational vehicle park or subdivision shall comply with state and local regulations.

(m)

Electricity. An electrical outlet of 110 volts shall be provided for each recreational vehicle space or lot. The installation shall comply with all state and local regulations.

(n)

Underground utilities.

(1)

All electrical and communication utility lines and services and all street lighting circuits, except as hereinafter provided, shall be installed underground, and street lighting may be provided by means of the utilities standard ornamental facilities.

(2)

Exceptions from the requirements of the foregoing and this Section shall be the following:

a.

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground and street lighting facilities may be placed above ground within the utility easement provided therefor, or within the street or other appropriate public place.

b.

All facilities reasonably necessary to connect underground facilities to existing or permitted overhead or aboveground facilities

c.

Overhead electric transmission and distribution feeder lines and overhead communication long distance, trunk and feeder lines, existing or new.

d.

It shall not be necessary to remove or replace existing utility facilities used or useful in serving the recreational vehicle park or subdivision.

(o)

Refuse disposal. The storage, collection and disposal of refuse in the recreational vehicle park or subdivision shall be so managed as to create no health hazards, rodent harborage, insect-breeding areas, accident hazards or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof and bear-restrictive containers, which shall be provided in sufficient number and capacity to prevent any refuse from overflowing or blowing away. Satisfactory container racks or holders shall be provided at permanent locations convenient to recreation spaces or lots, in areas screened by appropriate landscaping or fencing. Methods of storage, collection and disposal are subject to compliance with any local regulations. Collection shall be at least weekly.

(p)

Movement of recreational vehicles.

(1)

Wheels and/or similar devices shall not be removed from recreational vehicles or park trailers, nor shall any fixture be added or barrier placed which shall prevent the recreational vehicle from being moved under its own power or by a passenger vehicle, except the in Recreational Vehicle District (RV) as described in Subsection 16-5-20(e)(2) of this Article.

(2)

Skirting is permitted, provided that it can easily be removed and there are proper openings for ventilation.

(q)

Fire protection. Every recreational vehicle park or subdivision shall be provided at all times with adequate fire hydrants in good working order and of such type, size and number and so located as prescribed by the local fire prevention authority, or to satisfy reasonable fire regulations.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification); Ord. No. 2021-03, §§ A, B, 5-25-2021; Ord. No. 2024-06, 10-22-2024)

(a)

Parked on public rights-of-way. No mobile home or recreational vehicle shall be parked or permitted to stand upon a public street, highway, road, alley or other such right-of-way for more than a twenty-four-hour period, and it shall be parallel to the edge of the right-of-way, safely out of the flow of moving traffic.

(b)

Recreational vehicle storage in Mobile Home and Residential Zone Districts. No recreational vehicle shall be stored in any required front or side setback, as specified for principal buildings, by applicable zoning regulations.

(c)

Occupied on private property. Recreational vehicles and camping units shall not occupy a site as permanent living quarters. They may be stored in every zone district but not as permanent living quarters except in the Recreational Vehicle District (RV) as described in Subsection 16-5-20(e)(2) of this Article.

(d)

Parked on public property. Parking of recreational vehicle or camping units on public property in any Town park or on other public property shall be in accordance with posted signs and instructions in such parking areas.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Facilities for fabrication, processing or assembly of products directly related to the retail activity shall be permitted if incidental or accessory to a permitted or approved conditional use.

(1)

All impact-generating uses shall be operated primarily within an enclosed building.

(2)

Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations shall be confined primarily to the premises of the lot on which such use is located.

(3)

Outdoor storage areas shall be concealed from abutting streets and highways, and from adjacent residential properties.

(4)

Such activity does not create any danger to safety in surrounding areas and does not cause water pollution.

(5)

The function of buildings located in commercial zone districts shall be for that associated with commercial activities (except for two-family and multifamily dwelling which have been permitted as conditional uses in accordance with conditional use procedures). One (1) residential dwelling unit shall be permitted as an accessory use pursuant to the definition of use, accessory, in Section 16-10-30 of this Chapter. Only a property owner or manager of said property may establish a residential dwelling. A property owner or manager is granted one (1) year to vacate residential dwellings in the event the prominent commercial activity no longer operates except that two-family and multifamily dwelling may be permitted as conditional uses.

(b)

All business, service, repair, storage or merchandise display on property abutting a lot in a Residential Zone District or Commercial District shall be conducted wholly within an enclosed building, unless screened from the Residential Zone District or Commercial District by a sight-obscuring fence permanently maintained at least six (6) feet in height, upon the request of the adjacent property owner or subsequent owners.

(c)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any adjacent property or on any public right-of-way.

(d)

Motor vehicle, farm implement, boat or trailer rental or sales lots shall be drained and surfaced with material suitable for all-weather use except in those portions of the lot maintained as landscape areas.

(e)

All loading and unloading facilities facing a public road shall maintain a one-hundred-foot setback from the public road.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification); Ord. No. 2021-01, § 2, 1-26-2021)

(a)

The overlay architectural guidelines shall preserve the character of existing buildings while providing a means of encouraging and developing a consistent image along State Highway 149 ("Highway 149") and State Highway 160 ("Highway 160").

(b)

The Highway Corridor 149/160 Overlay overlays property on both sides of Highway 160 and Highway 149. If a lot is adjacent to or within two hundred (200) feet of either highway, the Highway Corridor 149/160 Overlay shall apply.

(c)

The Highway 160 and Highway 149 corridors are important to both the commercial livelihood of the Town and the tourists who travel the corridors and visit the Town. These corridors convey the primary image of the Town and, with this in mind, the following guidelines are established:

(1)

Exterior building materials and colors shall not unduly contrast with the site's background and selected exterior colors; and/or color schemes shall not adversely impact the immediate area or community as a whole.

(2)

On structure facings or sides exposed to streets or highways, the use of natural materials, such as logs, timbers, wood siding and stone or artificial composition (metal, clay, fiberglass, Masonite, etc.) that give the appearance of natural products, are required because they reflect the rural, western, mountain setting of the Town. Stucco or western style (not southwestern style) is accepted. Roof materials shall be nonreflective and blend into the site's backdrop as much as possible. Inappropriate exterior building materials include, but are not limited to, nontextured exposed concrete, untextured or unfinished unit masonry, highly reflective glass (mirrored glass), reflective metal roof and unfinished plywood.

(3)

Buildings or structures which are screened year-round so as not to be visible from the highway are exempt from the restrictions of this Section.

(4)

The height of a building has many impacts on the community. Buildings that are too tall can block views, light, air and, in some cases, solar radiation, to other properties. The height of new buildings shall be controlled to minimize the negative impacts on the community. To meet this requirement, new developments shall comply with the following three (3) criteria:

a.

Architectural compatibility. The heights of all buildings are to be architecturally compatible with the neighborhood.

b.

General character. The height of all buildings shall be in compliance with the height standards established for the zone district in which the project is situated.

c.

Scenic values and views. Buildings shall not be of such height so as to block, destroy or degrade the scenic values as seen from other sites. This is especially important along Highway 149, which has been designated a Scenic Byway.

(5)

The Town finds that it is in the public interest for all sites within the Highway Corridor 149/160 Overlay to be designed, arranged and developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions, uses and improvements shall reflect the natural capabilities and limitations of the site, as well as the characteristics and limitations of adjacent properties. The various structures, use areas, functions and elements of the site design shall be integrated, by design, into a unified whole. Taking into consideration the basic character of the site and the nature of the proposed uses, the development shall be visually harmonious as perceived from both the interior and exterior of the project.

a.

Grading and tree cutting for access and drainage. Site developments shall be designed to minimize cut and fill areas, particularly those areas most visible from off-site. Grading large areas to create a flat benched building pad is prohibited.

b.

Driveways and other traffic circulation systems shall work with and conform to the natural topography. Cut and fill slopes shall be kept to a minimum, and the site, when viewed from adjacent properties, shall be integrated into its natural surroundings.

(6)

All types of storage areas shall be screened from public view and from the view of surrounding areas in an aesthetic manner as required by this Chapter for specific zone districts. This shall include the screening of materials and equipment used by the business.

(7)

Screening shall be accomplished through the use of natural materials. Strategic placement of nondeciduous shrubs and trees can provide effective screening. Unacceptable screening materials include, but are not limited to, solid metal fencing and chain-link fencing with privacy slats. If screening has been accomplished through the use of a wooden privacy fence, nondeciduous shrubs and trees shall be placed along the frontage so as to break the visual line of the screening and provide a visually pleasing facade.

(8)

Although the Town recognizes the need for fencing to protect property, to provide safety and privacy or to fulfill a screening requirement, fencing shall be used in a manner that is aesthetically and visually pleasing.

a.

To fulfill screening requirements along the corridors, nondeciduous landscaping materials of a height suitable to meet the screening needs are to be used.

b.

Solid (privacy) wood fences are encouraged for screening, parking and storage.

c.

Unacceptable fencing materials include, but are not limited to, untextured concrete block, plastic, fiberglass, plywood and/or solid metal (i.e., corrugated metal).

(9)

Site lighting shall be of such a nature as to provide the needed amount of illumination to provide safety without being detractive from the visual aesthetics of the site. The use of low wattage, shaded, directed lighting is strongly encouraged. Refer to the specific requirements for individual zone districts.

(10)

The Town finds that it is in the public interest for all developments to provide landscape improvements for the purposes of complementing the natural landscape and retaining the sense of a mountain environment.

a.

All surface areas designated on the site plan, that shall not be a hard surface, shall be planted with adequate groundcover. The use of indigenous grasses, trees and shrubs and/or xeriscaping is encouraged to maintain the natural mountain setting of the Town.

b.

Where feasible, and with the CDOT's permission, along the highway corridors, landscape treatment shall be applied from the edge of the roadway to the property lot line.

(11)

In order to achieve a consistent image and character of the Town along the highway corridors, it is strongly encouraged that, when the exterior of an existing structure is remodeled, the remodeling effort be undertaken in a manner that is consistent with, and complies with, the suggestions put forth in this Section.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))