(a)

Purpose. Table 4.02-1, Table of Allowable Uses below lists the uses allowed within all zoning districts. All uses are defined in Article 9, Definitions. Approval of a use listed in this article, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in this article and approved under the appropriate process is prohibited.

(b)

Organization. The uses permitted in each of the zoning districts established in the Use Table are defined as follows:

(1)

Standards column. The "Standards" column provides a reference to associated standards for certain uses Permitted by Right and for Conditional Uses. Where a blank space is in the column, there is no associated standard. Where "Y" is in the column, there are associated standards.

Note: The Use Table only establishes the principal uses allowed in each zoning district. See also Accessory and Temporary Use regulations.

(2)

Unlisted Uses. If a proposed use is not specifically listed in the Use Table, the Planning Director shall determine whether the use is permitted or not permitted. This determination shall be based upon the similarity in nature and character to one or more uses that are listed in the Use Table. In making this determination, the Planning Director may refer to the following factors as guidance:

a.

Criteria for Use Determination.

1.

Whether the use has similar visual, traffic, environmental, parking, employment, and other impacts as an expressly listed use. The Planning Director may refer to empirical studies or generally accepted planning or engineering sources in making this determination. The burden is on the applicant to establish that the use is similar to the expressly listed use; or

2.

Whether the use is within the same industry classification as another permitted use. In making this determination, the Planning Director may refer to the most recent edition of the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, 2017) ("NAICS"). If the use is not defined in the NAICS, the Administrator may refer to the American Planning Association, Land-Based Classification Standards LBCS Tables (April 1, 2001).

b.

If Not Authorized Then Prohibited. If the Planning Director determines that a proposed use does not fit within a given use type and is not functionally the same as a permitted, accessory, conditional, or temporary use, then the use is a prohibited use.

(Ord. No. 07-2022, § 1(4.01), 3-22-22)

This article shall follow the requirements established in Table 4.02-1, Table of Allowable Uses.

(Ord. No. 07-2022, § 1(4.02), 3-22-22; Ord. No. 08-2025, § 8, 4-8-25)

(a)

Adult Entertainment Establishments.

(1)

Operation. It shall be unlawful to operate or cause to be operated a sexually oriented business in violation of any of the following restrictions:

a.

Zoning district. Sexually oriented businesses are only allowed in the Industrial District if approved as a conditional use.

b.

Distance restriction. It is unlawful to operate or cause to be operated a sexually oriented business within seven hundred fifty (750) feet, measured in a straight line, without regard to intervening structures, objects or Town limits, from the closest exterior wall of the structure in which the sexually oriented business is located to the property line of any of the following:

1.

A religious land use;

2.

A use approved for residential purposes;

3.

A school or licensed child care facility; or

4.

A park, recreational center, or community center.

c.

Single building restriction. No sexually oriented business shall be operated in the same building, structure or portion thereof as any other sexually oriented business.

d.

Discontinued operations. A sexually oriented business lawfully operating is not rendered a nonconforming use by the subsequent location of any use outlined in Paragraph (1)a. above; however, if the sexually oriented business ceases operation for a period of sixty (60) days or more regardless of any intent to resume operation, it may not recommence operation in that location.

(2)

Definitions. The following definitions shall apply to this article.

a.

Adult bookstore, adult novelty store or adult video store means a commercial establishment which devotes a significant or substantial portion of its stock-in-trade, advertising, floor space, shelf space or storage space to, or receives a significant or substantial portion of its revenues from, any one (1) or more of the following:

1.

The sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction, description, display or exhibition of specified sexual activities or specified anatomical areas; or

2.

The sale or rental of instruments, devices or paraphernalia which are designed for use in connection with, or marketed primarily for engaging in, specified sexual activities, excluding condoms and other medically recognized birth control devices and disease-prevention products.

b.

Child care facility means any facility, by whatever name known, licensed by the State and maintained for compensation, for the whole or any part of a day, for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager thereof.

c.

Community center means a building or other structure which is Town-owned or used by the Town that provides services to the community and is open to the general public.

d.

Park means a park, reservation, playground, recreation area, bikeway, trail, greenbelt or other area in the Town owned or used by the Town or landowner's association and devoted to use as a park, reservation, playground, recreation area, bikeway, trail, greenbelt for members of that association and devoted to active or passive recreation, including developed and undeveloped land.

e.

Residential property means any area subdivided and approved by the Town for residential land use or any property or lot devoted to full-time residential use.

f.

School means a facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.

g.

Sexually oriented business or adult entertainment establishment means:

1.

Any business where individuals appear in a state in such a manner as to intentionally display specified anatomical areas or which encourages specified sexual activities, whether as the primary, or principal, use of the premises or whether as a secondary, or incidental or accessory, use of the premises for the purpose of entertaining the patrons of such establishments (but not including performances in which persons appear in a state of nudity and which, taken as a whole, contain serious literary, artistic, political or scientific value).

2.

An adult bookstore, adult novelty store or adult video store.

h.

Specified anatomical areas means:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the areolae; or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

i.

Specified sexual activities means:

1.

Human genitals in a state of sexual stimulation, tumescence or arousal;

2.

Acts, actual or simulated, of human masturbation, sexual intercourse, oral copulation, bestiality or sodomy;

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

4.

Flagellation, mutilation, sadism, sadomasochism or torture for purposes of sexual arousal, gratification or abuse; and

5.

Excretory functions as part of or in connection with any of the activities set forth in Subparagraphs a through d of this definition.

(3)

Hours of Operation. Sexually oriented businesses may only operate from the hours of 7:00 a.m. to 12:00 a.m. each day. Businesses falling within the definition of a sexually oriented business may be open for such additional hours as their owners in their discretion desire, provided that no activities carried on by a sexually oriented business may be available during such additional hours, that is other lawful activity not involving sexually oriented businesses may freely occur.

(4)

Premises. Sexually oriented businesses shall only conduct or offer sexually oriented business activities indoors (within an enclosed structure), and no sexually oriented business may permit or cause any sexually oriented business activity from outside the structure in which it is enclosed.

(5)

Age Limits. No one under eighteen (18) years of age shall be admitted to or be present in any adult entertainment establishment from the hours of 7:00 a.m. to 12:00 a.m. on any day. This minimum age limitation also applies to any employees, agents, servants or independent contractors working on the premises. Notice of this minimum age limitation shall be posted prominently outside all entrances to any adult entertainment establishment.

(6)

Signage and Exterior.

a.

In addition to the other requirements of this Code or the Land Use Code, it shall be unlawful for the owner or operator of any sexually oriented business or any other person to erect, construct or maintain any sign for the sexually oriented business other than one (1) primary sign and one (1) secondary sign, as provided herein.

b.

Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:

1.

Be a flat plane, rectangular in shape;

2.

Not exceed seventy-five (75) square feet in area; and

3.

Not exceed ten (10) feet in height or ten (10) feet in length.

c.

No rope lights, neon lights, flashing lights, search lights are part of the exterior.

(b)

Airport.

(1)

An Airport shall have a twenty (20) acre minimum property size for the overall site, and buildings and structures directly related to aircraft operations, storage, and/or passenger processing.

(2)

The Airport shall comply with all Federal Aviation Administration regulations including but not limited to runway design, noise standards, and height limitations.

(c)

Bar/Tavern.

(1)

No Bar/Tavern shall be located within five hundred (500) feet of any residential district or use.

(2)

15-4-30(c)(1) does not apply to any Bar/Tavern located in C-2 Zone.

(d)

Bed and Breakfast.

(1)

The owner shall always occupy and manage any Bed and Breakfast.

(2)

The maximum number of rented bedrooms is five (5).

(3)

The maximum length of stay for any guest is fourteen (14) consecutive days in any one (1) calendar month.

(4)

The Bed and Breakfast owner is responsible for the collection of all applicable Town and County taxes.

(5)

Only breakfast may be served on the premises and served only to Bed and Breakfast guests and employees.

(6)

No other meals shall be provided for guests on the premises.

(7)

Guestrooms shall not be equipped with cooking facilities including, but not limited to, stoves, hot plates, or microwave ovens.

(8)

No Bed and Breakfast shall be located within one thousand (1,000) feet of any other Bed and Breakfast.

(e)

Brewery, Distillery, or Winery.

(1)

No Brewery, Distillery, or Winery shall be located within five hundred (500) feet of any residential district.

(2)

A Brewery, Distillery, or Winery shall have a five (5) acre minimum parcel size.

(3)

A Brewery, Distillery, or Winery includes on-site consumption as a primary or secondary use, which includes a minimum of twenty-five percent (25%) of the gross floor area.

(4)

A Brewery, Distillery, or Winery may include other secondary uses like retail sales or outdoor events.

(5)

A Brewery, Distillery, or Winery is limited to three hundred (300) guests.

(6)

Outdoor events associated within a Brewery, Distillery, or Winery's operations are limited to Sunday through Thursday 11:00 a.m. to 8:00 p.m., and Friday through Saturday 10:00 a.m. to 11:00 p.m.

(7)

All Breweries, Distilleries, or Wineries shall utilize best management practices and available technology to minimize potential adverse odors associated with the use.

(8)

All waste shall be managed, treated, stored, and/or disposed of in accordance with Local, County, State, and Federal rules, regulations, and ordinances pertaining to waste.

(f)

Boarding and Rooming House.

(1)

No more than ten (10) occupants (including any resident staff and family) shall occupy any boarding house at one time.

(2)

The maximum length of stay for any guest is fourteen (14) consecutive days in any one calendar month.

(3)

No meals shall be provided for guests on the premises.

(4)

No Boarding and Rooming House shall be located within one thousand (1,000) feet of any other Boarding and Rooming House.

(g)

Brew Pub, Distillery Pub, Limited Winery.

(1)

No Brew Pub, Distillery Pub, or Limited Winery shall be located within two hundred fifty (250) feet of any residential district or use.

(2)

15-4-30(f)(1) does not apply to any Brew Pub, Distillery Pub, or Limited Winery located in C-2 Zone.

(3)

No Brew Pub, Distillery Pub, or Limited Winery shall be located within five hundred (500) feet of any other Brew Pub, Distillery Pub, or Limited Winery.

(4)

Overhead doors servicing trucks for loading and unloading materials shall not face streets unless they are set back at least one hundred (100) feet from the street.

(5)

Service trucks for the purpose of loading and unloading materials and equipment or removing wastes shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

(6)

No outdoor storage is permitted, including parking and storage of vehicles associated with the business.

(h)

Building and Landscaping Materials Supply.

(1)

C-1 and C-3 Zones.

a.

No Building and Landscaping Materials Supply shall be located within five hundred (500) feet of any residential use or district.

b.

Outdoor display, storage, sales, or rental of building and landscaping materials shall be screened.

c.

Screening for outdoor display, sales, or rental of building and landscaping materials shall be constructed from concrete or masonry and be at least six (6) feet tall.

d.

No screening wall shall exceed ten (10) feet tall.

e.

Only outdoor storage may exceed the ten (10) foot screening height requirement. Screening for storage may be constructed from concrete, masonry, or an approved alternative by the Director.

f.

In no instance shall any outdoor display, storage, sales, or rental of building and landscaping materials be stacked higher than the required concrete or masonry screening wall.

g.

No materials for sale shall be displayed between the principal structure and the front property line.

(i)

Car Wash.

(1)

No Car Wash shall be located within two hundred fifty (250) feet of any residential use or district.

(2)

A Car Wash shall not be open for business between the hours of 10:00 p.m. and 7:00 a.m.

(j)

Cemetery.

(1)

A Cemetery shall have a two (2) acre minimum property size.

(2)

No structure, excluding fences or walls, shall be located within one hundred (100) feet from any residential use.

(3)

Graves and monuments shall set back at least twenty feet (20) from any property line.

(4)

All cemeteries shall be platted according to Article 6, Subdivision.

(k)

Communication Facility.

(1)

Communication facilities shall meet any requirements prescribed in 15-4-30(ddd).

(2)

Communication facilities shall be located at least one thousand (1,000) feet from any residential use.

(l)

Contractor and Contractor Storage.

(1)

All outdoor storage areas shall be located at least one hundred (100) feet from any property line.

(2)

All structures shall be located at least fifty (50) feet from any property line.

(3)

The minimum property size for a Contractor and Contractor Storage shall be two (2) acres.

(4)

Outdoor storage areas shall be screened and comply with Section 15-4-40(e)(4).

(5)

Maintenance of vehicles or machinery shall be incidental to the Contractor and Contractor Storage and the incidental use shall only include minor repair.

(6)

Office space shall be incidental to the Contractor and Contractor Storage and shall comply with Section 15-4-40(e)(2).

(7)

No retail sales associated with a Contractor and Contractor Storage may occur on the property unless retail sales are approved with a different use that allows retail sales.

(8)

No on street parking of vehicles or equipment associated with the use is allowed.

(9)

Hours of operation are limited between the hours of 7:00 a.m. and nine 9:00 p.m.

(m)

Convenience Store.

(1)

C-1 and C-2 Zones.

a.

No Convenience Store shall be located within one hundred (100) feet of any residential use or district.

b.

No Convenience Store shall exceed two thousand (2,000) square feet in building area.

c.

No Convenience Store shall be located within two hundred fifty (250) feet of any other Convenience Store.

d.

No outdoor display is permitted.

e.

Drive-thrus are not permitted.

(2)

C-3 and LI Zones.

a.

No Convenience Store shall be located within fifty (50) feet of any residential use or district.

b.

Drive-thrus may be allowed if the following requirements are met:

1.

The Convenience Store is located two hundred fifty (250) feet from any residential district or use.

2.

The Convenience Store is less than two thousand (2,000) square feet in building area.

3.

A drive-thru lane is provided on site.

4.

The drive-thru lane is at least ten (10) feet wide.

5.

The drive-thru lane provides at least three (3) vehicle stacking spaces before the drive-thru window.

6.

Vehicle stacking spaces shall be ten (10) feet wide by twenty (20) feet long.

(n)

Convenience Store, with fuel sales.

(1)

All Zones.

a.

Convenience Store, with fuel sales shall not be located within one hundred (100) feet of any residential use or district.

b.

Any pump island or other structure shall be setback a minimum of twenty (20) feet from adjacent property lines or street and highway right-of-way lines.

c.

Overhead canopies or weather protection structures shall be setback a minimum of ten (10) feet from adjacent property lines or street and highway right-of-way lines.

d.

Outdoor display is only limited to ice chests, vending machines, secured propane tank storage, and firewood storage.

e.

Drive-thrus are not permitted.

(2)

C-1 Zone.

a.

No Convenience Store, with fuel sales shall exceed two thousand (2,000) square feet in building area.

b.

No Convenience Store, with fuel sales shall be located within two hundred fifty (250) feet of any other Convenience Store, with fuel sales.

c.

The total fuel pumps shall not exceed four (4).

(o)

Financial Institution.

(1)

All Zones.

a.

Drive-thrus/ATMs may be allowed if the following requirements are met:

1.

The Financial Institution is located one hundred fifty (100) feet from any residential district or use.

2.

A drive-thru/ATM lane is provided on site.

3.

The drive-thru/ATM lane is at least ten (10) feet wide.

4.

The drive-thru/ATM lane provides at least four (4) vehicle stacking spaces before the drive-thru window/ATM.

5.

Vehicle stacking spaces shall be ten (10) feet wide by twenty (20) feet long.

6.

The Financial Institution shall not exceed three (3) drive-thru/ATM lanes.

(2)

C-2 Zone.

a.

No Financial Institution shall exceed two thousand (2,000) square feet in building area.

b.

No Financial Institution shall be located within two hundred fifty (250) feet of any other Financial Institution.

c.

Drive-thrus are not permitted.

(p)

Funeral Services.

(1)

Funeral Services including a Cemetery shall follow the requirements established in Section 15-4-30(j).

(2)

Funeral Services shall be located at least five hundred (500) feet from any residential district or use.

(3)

Funeral Services including cremation or embalming shall follow the additional requirements below.

a.

Prior to the issuance of a certificate of occupancy, the Funeral Services operator shall provide documentation of the issuance of all applicable federal, state, and local permits and provide all the equipment manufacturers' specifications for construction, installation, operation, and maintenance.

b.

Funeral Services shall be constructed, installed, operated, and maintained in accordance with all manufacturers' specifications and all applicable federal, state, and local permits. Town inspectors shall have the right to enter and inspect the operations to determine compliance with this provision.

c.

Each incinerator shall have a modern automated control panel and a dedicated natural gas meter.

d.

The height of the exhaust stack shall be a minimum of two (2) feet above the roof line or other nearby obstruction to minimized downdrafts of the exhaust.

(q)

Golf Course.

(1)

The designed centerline of each hole shall be a minimum of one hundred (100) feet from adjacent property boundaries to reduce the potential of golf balls exiting the subject property.

(2)

Appropriate controls, like netting, shall be installed to prevent golf balls from exiting the subject property.

(3)

Total lot coverage with principal and accessory buildings shall not exceed twenty-five percent (25%).

(4)

Residential uses on the subject property are prohibited.

(5)

No principal or accessory building, swimming pool, or tennis court shall set back less than (50) feet from any property line.

(6)

All exterior lighting for the purposes of illuminating the golf course or any accessory use shall terminate at 10:00 p.m. Lighting for walls, security measures, sconces, and parking facilities are excluded from this requirement.

(r)

Grocery Store.

(1)

C-1 Zone.

a.

Any Grocery Store exceeding fifteen thousand (15,000) square feet shall require a Conditional Use Permit.

(2)

C-2 Zone.

a.

Any Grocery Store exceeding ten thousand (10,000) square feet shall require a Conditional Use Permit and meet the following standards.

1.

No drive-thrus are permitted.

2.

No Grocery Store shall be located within five hundred (500) feet of any other Grocery Store.

(3)

C-3 and LI Zones.

a.

Any Grocery Store exceeding twenty-five thousand (25,000) square feet shall require a Conditional Use Permit.

(s)

Heavy Equipment Sales and Rental.

(1)

No Heavy Equipment Sales and Rental use shall be located within one thousand (1,000) feet of any residential use or district.

(2)

Outdoor display, storage, sales, or rental of heavy equipment shall be screened.

(3)

Screening for heavy equipment shall be constructed from concrete or masonry and be at least six (6) feet tall.

(4)

No screening wall shall exceed twelve (12) feet tall.

(5)

No outdoor display, storage, sales, or rental of heavy equipment shall be taller than the required concrete or masonry screening wall unless located in the rear of the site. If located in the rear, outdoor display, storage, sales, or rental of heavy equipment shall not exceed twenty (20) feet tall.

(6)

No materials for sale shall be displayed between the principal structure and the front property line.

(t)

Home Occupation.

(1)

A Home Occupation, not including a Family Child Care Home as defined by state statute, shall meet the following requirements.

a.

The use shall be conducted entirely within a dwelling and carried on by the inhabitants of the dwelling. The hours of operation during which clients or customers are allowed to come to the home in connection with the business activity are limited to between 8:00 a.m. and 9:00 p.m.

b.

The use shall be clearly incidental and secondary to the use of the dwelling and shall not change the dwelling's character.

c.

The total area used for a Home Occupation shall not exceed one-half (½) the floor area of the user's dwelling unit.

d.

There shall be only the incidental sale of stocks, supplies or products conducted on the premises.

e.

There shall be no exterior storage on the premises of material or equipment used as a part of the Home Occupation.

f.

There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

g.

A Home Occupation shall provide additional off-street parking areas adequate to accommodate all needs created by the Home Occupation.

(2)

A Home Occupation shall not include the following:

a.

Animal hospital;

b.

Long-term care facility;

c.

Restaurant;

d.

Bed and breakfast;

e.

Group home;

f.

Pawn shop;

g.

Adult-oriented use; or

h.

Vehicle repair, servicing, detailing or towing if vehicles are:

1.

Dispatched from the premises;

2.

Are brought to the premises; or

3.

Are parked or stored on the premises or on an adjacent street.

(3)

Licensing.

a.

A Home Occupation shall be permitted only after the owner or inhabitant of the dwelling in which the occupation is conducted has obtained a home occupation license and business license from the Town.

b.

The license fee shall be an amount established by resolution by the Board of Trustees to offset the Town's cost.

c.

At the time ownership of the property is transferred, or the Home Occupation is discontinued for a period of six (6) months or more, the home occupation license terminates.

d.

Following termination, the license may be issued again upon the submission and review of a new application and the payment of an additional fee.

e.

If the Town is investigating a violation of this Land Use Code with respect to the particular home occupation at the time the renewal application is made, the license will not be reissued until the investigation is completed and, if necessary, all violations have been corrected.

f.

The term of the previous license shall continue during the period of investigation.

(u)

Hotel/Motel.

(1)

C-1 Zone.

a.

A Hotel/Motel shall be located at least two hundred fifty (250) feet from any residential district or use.

b.

A Hotel/Motel is restricted to one story.

c.

A Hotel/Motel shall not exceed fifteen thousand (15,000) square feet.

(2)

Any Hotel/Motel exceeding fifteen thousand (15,000) square feet requires a Conditional Use Permit.

(v)

Industrial and Manufacturing, Heavy.

(1)

An Industrial and Manufacturing, Heavy use shall be located at least one thousand (1,000) feet from any residential district or use.

(2)

Any Industrial and Manufacturing, Heavy use producing and curating toxic chemicals or conducting animal slaughtering shall be located at least:

a.

Two thousand six hundred forty (2,640) feet from any residential district, religious land use, medical care facility, or school.

b.

One thousand three hundred twenty (1,320) feet from any commercial use.

c.

Six hundred sixty (660) feet from any Industrial and Manufacturing, Light use.

(w)

Industrial and Manufacturing, Light.

(1)

Industrial Zones.

a.

An Industrial and Manufacturing, Light use shall be located at least two hundred fifty (250) feet from any residential district or use.

b.

Overhead doors shall not face streets unless set back at least one hundred (100) feet from the street.

(2)

Commercial Zones.

a.

An Industrial and Manufacturing, Light use shall be located at least five hundred fifty (500) feet from any residential district or use.

b.

No Industrial and Manufacturing, Light use shall be located within two hundred fifty (250) feet of any other Industrial and Manufacturing, Light use.

c.

Overhead doors shall not face any street.

d.

Service trucks for the purpose of loading and unloading materials and equipment or removing wastes shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

e.

Accessory outdoor storage shall be allowed in the rear of the subject property if screened in accordance with Section 15-5-40.

f.

Any Industrial and Manufacturing, Light use over five thousand (5,000) square feet of building area shall require conditional use approval.

(x)

Kennel.

(1)

A two hundred fifty (250) foot separation shall be maintained between the area and structures where animals are housed and any property line.

(2)

Outside runs for commercial kennels shall be operated only with an attendant present on the premises twenty-four (24) hours a day.

(3)

At a minimum, the animals shall be enclosed within a six-foot (6') fence or wall to restrain animals from running at large.

(4)

Visual screening shall be required to buffer adjacent land uses.

(5)

No more than twenty-five percent (25%) of the building floor area may be used for related accessory retail sales.

(6)

No more than twenty-five percent (25%) of the building floor area may be used for related accessory grooming uses.

(y)

Manufactured Home.

(1)

Manufactured home design standards/building requirements. (see Section 15-3-20(f)).

(2)

Density, dimensional and spacing standards.

a.

The minimum area, setbacks, length, and width, and maximum building height and density shall be determined by the Zone District in which the manufactured home is placed.

b.

The limits of each manufactured home lot shall be clearly marked on the ground by permanent monuments set pursuant to Section 38-51-101, C.R.S.

(z)

Medical Office.

(1)

C-2 Zone.

a.

No Medical Office shall be located within five hundred (500) feet of any other Medical Office.

b.

Any Medical Office over two thousand five hundred (2,500) square feet of building area shall require conditional use approval.

(aa)

Mini-Storage Facility.

(1)

The Mini-Storage Facility shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials.

(2)

Mini-Storage Facilities shall provide adequate drive aisles between all buildings for vehicle circulation and fire and emergency access.

(3)

No Mini-Storage unit shall be used for the storage of explosives, ammunition, hazardous, or flammable materials.

(4)

All buildings in the self-storage warehouse facility shall be architecturally compatible with the surrounding development in terms of architectural style and building materials and color.

(5)

Mini-Storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for operation of a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit.

(6)

The Mini-Storage Facility may include an accessory on-site office.

(7)

No office shall exceed more than one thousand five hundred (1,500) square feet.

(8)

No outdoor storage is permitted in the C-3 zone.

(9)

Outdoor storage may be allowed within LI and I zones in approved on-site areas for vehicles and recreational equipment if they are covered by an awning or canopy structure.

(10)

Hours of public access to a Mini-Storage Facility shall be restricted to 6:00 a.m. to 10:00 p.m.

(bb)

Mixed-Use Dwelling.

(1)

A single-story Mixed-Use Dwelling unit shall be permitted if the following standards are met.

a.

The nonresidential use shall front the street.

b.

The residential use shall be located behind the nonresidential use.

c.

The residential use shall not exceed fifty percent (50%) of the total Mixed-Use Dwelling.

d.

No single-story Mixed-Use Dwelling shall exceed three thousand (3,000) square feet.

(2)

A multiple story Mixed-Use Dwelling shall be permitted if the following standards are met.

a.

The first floor shall be used for nonresidential uses.

b.

No residential uses are allowed on the first floor.

c.

All residential parking shall be provided in the rear of the site.

(cc)

Motor Vehicle Dealership.

(1)

A Motor Vehicle Dealership shall be located five hundred (500) feet from any residential district or use.

(2)

No Motor Vehicle Dealership shall be located within five hundred (500) feet of any other Motor Vehicle Dealership.

(3)

No more than fifty percent (50%) of the total building floor area may be used for related accessory uses such as retail sales, vehicle repair and service, and vehicle washing.

(4)

Vehicle inventory spaces shall not count towards the minimum parking requirements.

(dd)

Motor Vehicle Repair, Heavy.

(1)

All Motor Vehicle Repair, Heavy repair activities shall take place within an enclosed space.

(2)

Motor Vehicle Repair, Heavy facilities shall be located five hundred (500) feet from any residential use, religious land use or school.

(3)

Motor Vehicle Repair, Heavy facilities shall set back at least fifty (50) feet from the front property line and twenty-five (25) feet from the rear property line.

(4)

Disabled or damaged vehicles are not allowed to remain in an exterior location unless screened from public view.

(5)

Screened areas for disabled or damaged vehicles are only allowed in areas to the rear or side of the principal structure of the Motor Vehicle Repair, Heavy facility.

(6)

Screening for disabled or damaged vehicles shall be constructed from concrete or masonry and be at least six (6) feet tall.

(ee)

Motor Vehicle Repair, Light.

(1)

All Motor Vehicle Repair, Light repair activities shall take place within an enclosed space.

(2)

Motor Vehicle Repair, Light facilities shall be located two hundred fifty (250) feet from any residential use, religious land use or school.

(3)

Disabled or damaged vehicles are not allowed to remain in an exterior location unless screened from public view.

(4)

Screened areas for disabled or damaged vehicles are only allowed in areas to the rear of the principal structure of the Motor Vehicle Repair, Light facility.

(5)

Screening for disabled or damaged vehicles shall be constructed from concrete or masonry and be at least six (6) feet tall.

(ff)

Multi-Family Dwelling.

(1)

R-4 Zone.

a.

A multi-family Dwelling shall not exceed six (6) dwelling units per building.

(gg)

Nightclub.

(1)

No Nightclub shall be located within five hundred (500) feet of any residential district or use.

(2)

No Nightclub shall be located within two hundred fifty (250) feet of any school or religious land use.

(3)

Service trucks for the purpose of loading and unloading materials and equipment or removing wastes shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

(hh)

Off-Street Parking Facility.

(1)

Off-Street Parking Facilities shall meet the following requirements established in Table 4.03.33-1.

(2)

An Off-Street Parking Facility may exceed the limits established if a parking garage is provided; however, no parking floor shall exceed the square footage limits.

(3)

Parking garages shall follow the zone height requirements.

(4)

Exterior parking garage elevations shall be compatible with the architecture found in the zone in terms of style, material, and other exterior elements.

(5)

Parking garages shall include a minimum of two (2) of the following elements on any facade facing a public street or space:

a.

Window and door openings comprising a minimum of twenty-five percent (25%) of the ground floor facade;

b.

Awnings;

c.

Sill details; or

d.

Columns.

(ii)

Pawn Shop.

(1)

All Zones.

a.

A Pawn Shop shall be located five hundred (500) feet from any residential district or use.

b.

No Pawn Shop shall be located within two hundred fifty (250) feet of any school or religious land use.

c.

No Pawn Shop shall be located within one thousand (1,000) feet of any other Pawn Shop.

(2)

C-1 and C-2 Zones.

a.

No Pawn Shop shall exceed two thousand (2,000) square feet in building area.

b.

No outdoor display is permitted.

(jj)

Recreational Entertainment, Outdoor.

(1)

Any Recreational Entertainment, Outdoor use shall be located five hundred (500) feet from any residential district or use.

(2)

Any Recreational Entertainment, Outdoor use shall close by 10:00 p.m.

(3)

All exterior lighting for the purposes of illuminating the Recreational Entertainment, Outdoor use or any accessory use shall terminate at 10:00 p.m. Lighting for walls, security measures, sconces, and parking facilities are excluded from this requirement.

(4)

Noise generated by the use shall not exceed forty-five (45) dBA at any residential property line between the hours of 10:00 p.m. and 8:00 a.m.

(kk)

Religious Land Use.

(1)

C-1 Zone.

a.

All play areas shall be screened pursuant to Sections 15-5-30 and 15-5-40.

b.

Full cutoff lighting shall be provided in all parking areas.

(ll)

Research and Development.

(1)

All Zones.

a.

Research and Development facilities shall not contain or utilize toxic or explosive materials.

b.

All facilities shall be completely enclosed.

(2)

C-3 Zone.

a.

Any Research and Development facility shall be located two hundred fifty (250) feet from any residential district or use.

b.

No Research and Development facility shall be located within five hundred (500) feet of any other Research and Development facility.

c.

Any Research and Development facility over five thousand (5,000) square feet of building area shall require conditional use approval.

(3)

LI Zone.

a.

Any Research and Development facility shall be located five hundred (500) feet from any residential district or use.

b.

Any Research and Development facility over ten thousand (10,000) square feet of building area shall require conditional use approval.

(mm)

Resource Extraction—Reserved.

(nn)

Restaurant, Fast Food.

(1)

Any Restaurant, Fast Food shall be located two hundred fifty (250) feet from any residential district or use.

(2)

No Restaurant, Fast Food shall have a drive-thru window.

(3)

Any Restaurant, Fast Food shall have a trash management program for the daily removal of on-site trash and litter.

(4)

Loading is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

(oo)

Restaurant, Fast Food with Drive-Thru.

(1)

No Restaurant, Fast Food with Drive-Thru shall exceed five thousand (5,000) square feet in building area.

(2)

Any Restaurant, Fast Food with Drive-Thru shall be located two hundred fifty (250) feet from any residential district or use.

(3)

All drive-thru interactions shall occur within three (3) feet of a designated "drive-thru lane".

(4)

A drive-thru lane shall be at least ten (10) feet wide.

(5)

A drive-thru lane shall originate at the last stacking space from the "point of order".

(6)

A drive-thru lane shall provide at least three (3) vehicle stacking spaces before the "point of order".

(7)

Vehicle stacking spaces shall be ten (10) feet wide by twenty (20) feet long.

(8)

Any Restaurant, Fast Food with Drive-Thru shall designate a "point of order" on site where meal orders are communicated by patrons to staff.

(9)

A "point of order" may be established before or at the drive-thru window.

(10)

If a "point of order" is established before the drive-thru window, it shall be located at least thirty (30) feet from the first, or only, drive-thru window.

(11)

Two (2) drive-thru windows may be allowed on site.

(12)

If multiple drive-thrus are proposed, they shall be spaced at least forty (40) feet from one another.

(13)

No drive-thru lane shall be closer than five (5) feet from an adjacent property line.

(14)

Any Restaurant, Fast Food with Drive-Thru shall have a trash management program for the daily removal of on-site trash and litter.

(15)

Loading is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

(pp)

Restaurant, Sit Down.

(1)

No Restaurant, Sit Down shall have a drive-thru window.

(2)

Accessory outdoor customer seating/dining areas are permitted if they meet the applicable district's dimensional standards.

(3)

Any Restaurant, Sit Down shall have a trash management program for the daily removal of on-site trash and litter.

(4)

Loading is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

(qq)

Retail and Medical Marijuana Stores.

(1)

All retail and medical marijuana stores shall comply with the regulations established in Chapter 2, Article 14 of the Wellington Municipal Code regarding the ordinance referred to the voters on the November 2021 ballot regarding marijuana establishments.

(2)

After January 1, 2023, the Town may make changes to regulations related to Retail and Medical Marijuana Stores.

(rr)

Retail Store.

(1)

C-1.

a.

No Retail Store shall exceed ten thousand (10,000) square feet in building area.

b.

No outdoor storage or display is permitted.

(2)

C-2.

a.

No Retail Store shall exceed five thousand (5,000) square feet in building area.

b.

No outdoor storage or display is permitted.

(3)

C-3.

a.

A Retail Store shall meet the following requirements established in Table 4.03.43-1.

b.

Outdoor storage or display shall be limited to fifteen percent (15%) of the total building area.

c.

Any outdoor storage or display shall be screened.

d.

Screening shall be constructed from concrete or masonry and be at least six (6) feet tall.

e.

Screening for storage may be constructed from concrete, masonry, or an approved alternative by the Director.

(ss)

Salvage Yard.

(1)

Measurements and Setbacks.

a.

Any Salvage Yard shall be located one thousand (1,000) feet from any residential use or district.

b.

No Salvage Yard shall be located within one thousand three hundred twenty (1,320) feet from any other Salvage Yard.

c.

Any Salvage Yard shall set back at least fifty (50) feet from the front property line and twenty-five (25) feet from the rear property line.

d.

Any Salvage Yard shall be at least a minimum property size of five (5) acres.

(2)

Operation.

a.

No hazardous wastes or hazardous materials shall be accepted or deposited at any salvage yard, except as incidental to the salvage operation.

b.

Salvage operations shall be conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements.

c.

Service trucks for the purpose of loading and unloading materials and equipment or removing wastes shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

(3)

Screening.

a.

Screening shall be provided for all disabled or damaged vehicles, tools, and equipment.

b.

Screening for disabled or damaged vehicles, tools, and equipment shall be constructed from concrete or masonry and be at least six (6) feet tall.

c.

No screening wall shall exceed twelve (12) feet tall.

d.

In no instance shall any disabled or damaged vehicles, tools, or equipment be stacked higher than the required concrete or masonry screening wall.

(tt)

Service Station.

(1)

Service Stations shall not be located within one hundred (100) feet of any residential use or district.

(2)

Any pump island or other structure shall not be less than twenty (20) feet from adjacent property lines or street and highway right-of-way lines.

(3)

Overhead canopies or weather protection structures shall not be less than ten (10) feet from any right-of-way line or property line.

(4)

In the C-1 zone, the total fuel pumps shall not exceed four (4).

(uu)

Single-Family Attached Dwelling.

(1)

All Single-Family Attached Dwellings shall provide rear entry parking garages where alley access exists.

(vv)

Solid Waste Facility.

(1)

Any Solid Waste Facility shall comply with all applicable Larimer County, State of Colorado, and Federal regulations and permit requirements prior to approval.

(2)

Any Solid Waste Facility shall be:

a.

Located one thousand (1,000) feet from any residential use or district.

b.

At least a minimum property size of ten (10) acres.

(xx)

Stable.

(1)

In addition to the regulations prescribed in B - F below, a Stable shall comply with the regulations established in Chapter 7 - Health, Sanitation, and Animals, Article 4 - Animals of the Wellington Municipal Code.

(2)

A Stable is only allowed on a lot that has at least one (1) acre of land.

(3)

A person shall keep only the number of horses permitted for the lot area as described in Table 4.03.48-1.

(4)

A Stable shall include a pen, corral, fence, or similar enclosure containing at least eight hundred (800) square feet of land for each animal with a stable under a roof containing at least one hundred (100) square feet for each animal.

(5)

A Stable must have proper drainage so as not to create offensive odors, fly breeding, or other nuisances.

(6)

A pen, corral, fence, or similar enclosure shall be at least four (4) feet tall and shall maintain a strength to retain the horse(s).

(yy)

Technical School.

(1)

C-2 Zone.

a.

No Technical School shall exceed three thousand (3,000) square feet in building area.

b.

No Technical School shall be located within two hundred fifty feet of any other Technical School.

c.

Any Technical School exceeding three thousand (3,000) square feet shall require a Conditional Use Permit.

(zz)

Veterinary Facilities, Large Animals.

(1)

Any Veterinary Facilities, Large Animals shall be located on a property of at least one (1) acre.

(2)

Any Veterinary Facilities, Large Animals shall be designed and constructed to:

a.

Eliminate any emission of odor offensive to persons owning, occupying, or patronizing properties adjacent to the subject property.

b.

Reduce the sound coming from any Veterinary Facilities, Large Animals to the level of sixty-five (65) decibels at any given abutting property line.

(3)

All exterior exercise areas and runs shall be fenced.

(4)

Animals shall only be walked or exercised in on-site outdoor areas.

(5)

No animal boarding is allowed for any length of time except if boarding is necessary to provide surgical or other medical care to the animals.

(6)

All litter and animal waste shall be contained and controlled on the subject property.

(aaa)

Veterinary Facilities, Small Animals.

(1)

Any Veterinary Facilities, Small Animals, including all treatment rooms, cages, pens, kennels, and exercise runs, shall be maintained within a completely enclosed, soundproof building.

(2)

Any Veterinary Facilities, Small Animals shall be designed and constructed to:

a.

Eliminate any emission of odor offensive to persons owning, occupying, or patronizing properties adjacent to the subject property.

b.

Reduce the sound coming from any Veterinary Facilities, Small Animals to the level of sixty-five (65) decibels at any given abutting property line.

(3)

No animal boarding is allowed for any length of time except if boarding is necessary to provide surgical or other medical care to the animals.

(bbb)

Wholesale Distribution, Warehousing, and Storage.

(1)

LI Zone.

a.

Any Wholesale Distribution, Warehousing, and Storage use shall be located two hundred fifty (250) feet from any residential use or district.

b.

No Wholesale Distribution, Warehousing, and Storage use shall exceed fifteen thousand (15,000) square feet.

(ccc)

Workshop.

(1)

All Zones.

a.

All permitted repair work, vehicle washing, lubrication, and installation of parts and accessories shall be performed within an enclosed structure.

b.

Any Workshop shall be located five hundred (500) feet from any residential use or district.

c.

All dismantled vehicles, parts, and repair supplies shall be stored within an enclosed building or totally screened from view by a solid fence or wall. All vehicles awaiting repair or service shall be stored on-site in approved parking spaces and not on a public right-of-way.

(2)

C-1 and C-2 Zones.

a.

No Workshop shall exceed three thousand (3,000) square feet in building area.

b.

Any Workshop exceeding three thousand (3,000) square feet shall require a Conditional Use Permit.

(ddd)

Wireless Telecommunications Facility.

(1)

Permitted Zoning District. Wireless telecommunications facilities shall be permitted only pursuant to Table 4.02-1.

(2)

Use Permitted by Conditional Review. It is unlawful for any person to install or operate such a wireless telecommunications facility unless a use by conditional review has first been approved by the Board of Trustees. The approval of such use by conditional review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, state and federal governments.

(3)

Height and Setback Requirements. In all zoning districts where wireless telecommunications facilities are allowed as uses by conditional review, the following apply:

a.

Roof- or building-mounted commercial mobile radio service facilities may protrude no more than five (5) feet above the parapet line of the building or structure, nor more than two-and-one-half (2½) feet outside of the building wall unless sufficient screening methods are demonstrated and accepted as part of the approval;

b.

Roof- or building-mounted whip antennas of no more than three (3) inches in diameter, in groupings of five (5) or less, may extend up to twelve (12) feet above the parapet wall; and

c.

Applicable zoning setback requirements must be met. At a minimum, all freestanding facilities shall be set back at least three hundred (300) feet from all residentially zoned properties or residential structures on properties otherwise zoned.

(4)

Accessory Building Requirements.

a.

Accessory buildings located on the ground shall be no larger than four hundred (400) square feet and must be constructed of durable, low-maintenance materials, architecturally compatible and integrated with existing buildings and structures. Sites with greater than one hundred (100) cubic feet of cabinet area, visible from a public right-of-way or residentially zoned or used area, must enclose the equipment in accessory buildings.

b.

Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient.

(5)

Building- or Roof-mounted Requirements. Building- or roof-mounted facilities are to be screened from public view, either by screening, location or other techniques deemed sufficient.

(6)

Freestanding Wireless Telecommunications Facilities Requirements. All freestanding wireless telecommunications facilities shall be designed and constructed in such a manner that they are:

a.

Capable of serving, through original construction, expansion or replacement, a minimum of two (2) users.

b.

Constructed as a monopole, which tapers toward the top of the pole to the degree allowed by structural requirements, unless some other decorative type of structure is proposed and approved.

c.

Of a neutral color, including fencing, buildings and cabinets, or to match existing buildings.

d.

Hold only lighting required by the Federal Aviation Administration, and no signage.

e.

No higher than fifty (50) feet from the ground, with an additional twenty (20) feet per co-locating user permitted, up to seventy (70) feet. Exceptions may be granted upon request by the applicant.

f.

Constructed in accordance with a certified engineer's specifications and in compliance with all applicable Building Code provisions.

(7)

Conditional Mitigation Measures Co-location.

a.

The Town encourages co-location of wireless telecommunications facilities to minimize the number of sites.

b.

No wireless telecommunications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the use by conditional review or site development plan.

(8)

Abandonment. At the request of the Town, the operator must furnish a statement to the Town indicating the operational status of the facility. If the use has been discontinued, the date on which the facility was last used shall also be provided. Commercial mobile radio service facilities not used for a continuous period of six (6) months shall be disassembled within twelve (12) months of the last use.

(Ord. No. 07-2022, § 1(4.03), 3-22-22; Ord. No. 08-2025, §§ 9, 10, 4-8-25)

(a)

Purpose. This section authorizes the establishment of accessory uses and buildings that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the standards established in this section. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, buildings, and activities typically associated with the use, unless specifically prohibited in this section.

(b)

Approval Procedure.

(1)

Any of the accessory uses identified in this section may be allowed as accessory to an authorized principal use provided that:

a.

The proposed accessory use is allowed as a principal or accessory use in the base district where proposed; and

b.

The proposed accessory use or building is consistent with the general and specific standards for accessory uses in this subsection.

(2)

Simultaneously with a Principal Use. Accessory uses or buildings may be reviewed as part of review of an associated principal use. In cases where the principal use is subject to a Conditional Use Permit, an accessory use may only be authorized in accordance with an approved Conditional Use Permit.

(3)

Subsequent to a Principal Use.

a.

Unless exempted, a building permit shall be required in cases where an accessory use or building is proposed subsequent to a principal use.

b.

In cases where the principal use is subject to a Conditional Use Permit, an accessory use may only be authorized in accordance with the provisions in Section 15-2-150.

(c)

Interpretation of Unidentified Accessory Uses. The Planning Director shall evaluate applications for accessory uses that are not identified in this section on a case-by-case basis, based on the following standards:

(1)

The definition of "accessory use" in Article 9, Definitions, and the general accessory use standards and limitations established in Section 15-4-40;

(2)

The purpose and intent of the base districts in which the accessory use is located;

(3)

Potential adverse effects the accessory use or building may have on other lots, compared with other accessory uses permitted in the district; and

(4)

The compatibility of the accessory use with other principal and accessory uses permitted in the district.

(d)

General Standards for all Accessory Uses. All accessory uses and buildings shall be subject to the general standards in this section and applicable supplemental standards in Section 15-4-40(e) and all standards applicable to the associated principal use as set forth in Article 4 Use Standards. Where a supplemental standard for a specific use is in conflict with the general standards, the supplemental standard shall be applied.

(1)

Size. All accessory uses shall

a.

Be clearly subordinate in area, extent, and purpose to the principal use or structure; and

b.

Not violate the bulk, density, parking, landscaping, or open space standards of this Land Use Code when taken together with the principal use or structure.

c.

The floor area of any detached accessory building shall not exceed fifty percent (50%) of the floor area of the principal structure. The total combined floor area of all buildings shall not exceed the maximum lot coverage for the zoning district in which it is located. The Planning Director may authorize a building to exceed this percentage if the building is used as a guest house, Accessory Dwelling Unit (ADU), or is used for animal production or crop production associated with an agricultural use.

(2)

Function. All accessory uses shall directly serve the principal use or building and be accessory and clearly incidental to the principal use or building.

(3)

Timing. Accessory uses shall not be constructed or established prior to the start of construction of the principal use or building. An accessory building shall not be used until the construction of the principal building is complete.

(4)

Height. Accessory buildings shall be limited to a maximum height of twenty four (24) feet unless exempted from the height requirements in this Code.

(5)

Location.

a.

Accessory uses or buildings shall be located on the same lot as the principal use or building.

b.

Accessory buildings shall not be located within platted or recorded easements.

c.

The Planning Director may authorize an accessory building on a vacant lot if the structure is used for animal production or crop production associated with an agricultural use or used in conjunction with a park or community garden.

(6)

Design Compatibility.

a.

Except where exempted, all accessory buildings shall be designed to be aesthetically compatible with the principal building. Compatibility shall be measured in terms of building materials, building orientation, building placement, and building mass. Non-enclosed stables, gazebos, greenhouses, and carports ten feet or less in height with a roofed area of three hundred (300) square feet or less are exempted from this compatibility requirement.

b.

Applicants for accessory buildings not exempted in accordance with this subsection who request exceptions from the design compatibility requirements shall demonstrate screening methods or design features that will be used to minimize any potential adverse effects on neighboring properties.

(7)

Ownership. Accessory use or buildings shall be owned or operated by the same person as the principal use or buildings.

(e)

Supplemental Accessory Use Standards.

(1)

Accessory Dwelling Unit.

a.

Number of Accessory Dwelling Units.

1.

One (1) Accessory Dwelling Unit is allowed per single-family detached dwelling.

2.

One (1) Accessory Dwelling Unit is allowed per single-family attached dwelling when there is only one (1) single-family attached dwelling on the lot.

3.

Residential lots that are one-half (½) acre or more in size may have one (1) detached Accessory Dwelling Unit in addition to one (1) internal or attached Accessory Dwelling Unit, but no more than one (1) of each type.

b.

A Detached Accessory Dwelling Unit must comply with the required accessory setbacks of the zoning district in which the unit is located. If the accessory dwelling unit is part of the principal dwelling (attached), it must comply with principal building setbacks for the zoning district in which the unit is located

c.

An Accessory Dwelling Unit must comply with the zoning district's height requirements. An Accessory Dwelling Unit must not exceed the height of the principal dwelling.

d.

An Accessory Dwelling Unit must not exceed 100% of the principal dwelling's interior habitable area or one thousand two hundred (1,200) gross square feet, whichever is less.

e.

An Accessory Dwelling Unit must connect utilities to those of the primary dwelling.

f.

An Accessory Dwelling Unit shall be designed to be aesthetically compatible with the principal dwelling. Compatibility shall be measured in terms of one or more of the following: building materials, colors, building orientation, building placement, and building mass. Design compatibility requirements for Accessory Dwelling Units shall not be more restrictive than design requirements for the principal dwelling.

(2)

Drive-Thru Facility. A Drive Through Facility may be permitted as an accessory use subject to the following standards.

a.

Setbacks. All Drive-Thru Facilities are set back five feet (5 ft) from any property line.

b.

Stacking.

1.

All Drive-Thru Facilities accommodate the required stacking standards.

2.

A drive-thru/ATM lane is provided on site.

3.

The drive-thru/ATM lane is at least ten (10) feet wide.

4.

The drive-thru/ATM lane provides at least three (3) vehicle stacking spaces before the drive-thru window/ATM.

5.

Vehicle stacking spaces shall be ten (10) feet wide by twenty (20) feet long.

(3)

Office.

a.

An accessory office shall be allowed for an approved use.

b.

The office shall not occupy more than twenty-five percent (25%) of the gross floor area of the approved use.

c.

If the approved primary use is not located in a structure, the office structure shall not occupy more than five percent (5%) of the property area on which the primary use is located or five thousand (5,000) square feet, whichever is less.

(4)

Outdoor Storage.

a.

Outdoor storage areas shall be screened according to Section 15-5-40.

b.

All outdoor storage areas shall be completely fenced and screened from public view.

c.

Screening shall be at least six feet (6') tall, but no more than ten feet (10') tall unless where specifically stated otherwise.

d.

One side of the outdoor storage may be left unenclosed, provided that the materials stored in the area shall not be visible from a public roadway or an abutting property.

e.

Cyclone or chainlink fencing (with or without slats) shall not be deemed a screening material.

f.

Materials shall not be stored within the required setbacks.

g.

Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

h.

Outdoor storage for commercial or industrial uses shall be limited to those items owned or used by the business.

i.

Outdoor storage for a multi-family development, recreational vehicle park, or manufactured home park, shall be only for recreational vehicles or personal recreation items of the tenants.

(Ord. No. 07-2022, § 1(4.04), 3-22-22; Ord. No. 08-2025, §§ 11, 12, 4-8-25)

(a)

Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this subsection and are discontinued upon the expiration of a set time period. Temporary uses and special events shall not involve the construction or alteration of any permanent building.

(b)

Approval Procedure. Any use listed in this section may be permitted as a temporary use provided:

(1)

Where indicated in Table 4.02-1 Use Table; and

(2)

The proposed temporary use is consistent with the general and specific standards for temporary uses and structures in this section.

(c)

General Standards for all Temporary Uses. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Land Use Code:

(1)

The temporary use or structure shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare.

(2)

The temporary use shall comply with all applicable general and specific regulations of this Section, unless otherwise expressly stated.

(3)

Permanent alterations to the site are prohibited.

(4)

All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or permit expires, whichever occurs first.

(5)

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

(6)

The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as health or building permits.

(7)

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplains, river protection setbacks, and required landscaping. At the conclusion of the temporary use or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.

(8)

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

(9)

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the Planning Director or designee or Fire Marshal, including fire rating.

(10)

Off-street parking shall be adequate to accommodate the proposed temporary use.

(d)

Supplemental Temporary Use Standards.

(1)

Open-Air Farmers' Market.

a.

An open-air farmers' market is limited to a 5-acre site maximum.

b.

An open-air farmers' market shall meet any conditions and requirements prescribed by the Town's special events permitting process.

(Ord. No. 07-2022, § 1(4.05), 3-22-22)