(a)

Mobile food vending is defined as the use of a motorized wheeled vehicle, or a towed wheeled vehicle, or pushcart, or other temporary operation designed and equipped to prepare and/or serve food and/or non-alcoholic beverages. Mobile food vending is permitted, subject to the following:

(1)

Mobile food vending shall not take place in locations that are no less than two-hundred (200) feet from the main entrance of any restaurant while the restaurant is open to the public for business, unless the restaurant proprietor has otherwise consented.

(2)

Mobile food vending shall take place only on a site that has received the appropriate site plan approval and the required site plan improvements comply with said approved site plan.

(3)

Mobile food vending outlets shall not be open to the public between the hours of 2:00 a.m. and 6:00 a.m.

(4)

Litter must be picked up and refuse containers must be provided for customers.

(5)

Mobile food vendors shall comply with all applicable Town Ordinances as well as state, county, and federal laws and licensing requirements, including a Town of Windsor issued business license.

(6)

All signage associated with mobile food vendors shall be in conformance with this Code. Additionally, all mobile food vendor signs must be mounted flush against the mobile food establishment, except that one temporary sign for daily specials shall be allowed in accordance with Section 15-17-130, Temporary signs.

(7)

Mobile food vending shall not operate, be stored, or parked on public right-of-way unless pursuant to validly issued Special Activity Permits and Liquor-related Permits, such as "Special Event Liquor Permits" pursuant to Article II, Chapter 6, and "Liquor-Related Festival Permits" under Article VI, Chapter 6, as described in Section 16-4-10(c).

(8)

Use of private property. Mobile food vendors may operate on private property provided they meet the following requirements:

a.

Mobile food vending shall operate only with the property owner's continuous permission. Revocation of owner permission at any time shall terminate mobile food vending on the site in question.

b.

Mobile food vending shall not impede vehicular or pedestrian traffic, parking lot use or circulation, or access to any public right-of-way.

c.

If left on-site at the end of the business day, all mobile food vending equipment and signage shall be located in an inconspicuous location when not in operation.

(b)

Mobile food vending taking place at any non-liquor related Town-sponsored Activity within public parks, recreational facilities, or trails, is subject to review and permitting by the Parks and Recreation department and is not subject to this Section.

(c)

Mobile food vending on public rights of way shall be allowed only pursuant to validly issued Special Activity Permits and Liquor-related Event Permits, such as "Special Event Liquor Permits" pursuant to Article II, Chapter 6, and "Liquor-Related Festival Permits under Article VI, Chapter 6, and pursuant to a validly issued Right of Way Occupation Permit, as follows:

(1)

Shall be located adjacent to public parks;

(2)

Locations where traffic volume is minimal (less than 2000 average daily traffic ("ADT"), designated as parking or an impasse street ("dead end"); and

(3)

Traffic control measures shall be submitted for Town approval at time of permit application, implemented at the time of the event, and costs for such measures shall be incurred by the event applicant.

(Ord. 2020-1620 §3; Ord. 2024-1699 §1)

(a)

Intent. The intent of this Section is to provide a mechanism by which the Town may regulate the establishment, maintenance and removal of charitable drop-off locations and charitable donation receptacles in appropriate locations within the Town, including Town-owned property. On and after January 1, 2011, it shall be unlawful for any person to operate or permit the operation of a charitable drop-off location or donation receptacle outside of any building except as provided in this Chapter.

(b)

Charitable drop-off locations and donation receptacles; private property.

(1)

Charitable drop-off locations and donation receptacles; permit application requirements. Prior to the installation or operation of any charitable drop-off location or donation receptacle upon private property, the following permit requirements shall be met:

a.

Submission of a written application upon a form approved by the Director, which application shall contain an applicant acknowledgement that overflowing receptacles, items left outside of the receptacle and/or unsightly debris which accumulates around any receptacle shall be grounds for the permit to be revoked and all receptacles removed from the site solely at the applicant's expense.

b.

Submission of a written narrative describing the proposed length of time the charitable drop-off location or donation receptacle is to be used, nature of the use, a maintenance schedule and pickup schedule.

c.

Written and signed authorization from the property owner upon whose property the proposed charitable drop-off location or donation receptacle is to be located, confirming that the applicant has the right to use the subject property for the entire duration listed on the application.

d.

A new or revised sketch plan including the proposed location, size and number of charitable drop-off locations or donation receptacles.

e.

Photographs or professional illustrations of any proposed charitable drop-off location or donation receptacles, illustrating accurate color and materials and illustrating compliance with Subsection (2) below.

(2)

Tamper- and access-resistant receptacles required. The contents or goods of charitable drop-off locations or receptacles shall be secured, so that such contents or goods are accessible only by the organization for which the contents or goods are intended. No charitable drop-off location or receptacle shall consist of a container designed or intended primarily for the collection of trash or refuse.

(3)

Charitable drop-off locations and donation receptacles; numerical and corridor plan limitations. A maximum of two (2) charitable donation receptacles, each of which shall adhere to the requirements of this Section, or one (1) charitable drop-off location will be allowed on an improved lot, tract or parcel of land. Each charitable donation receptacle shall not exceed fifty (50) square feet in size, with no side exceeding eight (8) feet in length, and shall not exceed six (6) feet in overall height, as measured as the vertical distance from the ground level adjacent to the structure to the highest point of the roof surface. If the proposed charitable drop-off location or donation receptacle is located within any area subject to the requirements of a Town-approved corridor plan, the charitable drop-off location or donation receptacle shall be placed in an inconspicuous location per the corridor plan requirements.

(4)

Revocation of charitable drop-off locations and donation receptacles permit. The Director shall have the authority to revoke any permit for a charitable drop-off location or donation receptacle for any or all of the following reasons:

a.

The presence of overflowing receptacles, items left outside of the receptacle and/ or unsightly debris which accumulates around any receptacle.

b.

Operation of a charitable drop-off location or donation receptacle in violation of any of the permit requirements set forth in Subsections (1) through (3) above.

(c)

Charitable drop-off locations and donation receptacles within or upon Town-owned property.

(1)

The establishment, installation, operation and removal of charitable drop-off locations and donation receptacles within or upon property owned by the Town shall be authorized only upon approval of the Town Manager pursuant to specifications issued in the form of a request for proposals in such number and for such properties as the Town Manager shall in his or her sole discretion determine. Nothing in this Section shall be deemed to require the Town Manager to make Town-owned property available for charitable drop-off locations and donation receptacles.

(2)

The requirements of Subsection 16-3-20(b) above shall apply to charitable drop-off locations and donation receptacles within and upon Town-owned property within any area subject to the requirements of a Town-approved corridor plan.

(Ord. 2020-1620 §3)

(a)

Intent. The intent of this Section is to provide a mechanism by which the Town may allow seasonal sale operations and farmers markets. It shall be unlawful for any seasonal sales or farmers market to offer goods or services to the public unless and until all of the following requirements for a seasonal sales permit are met to the satisfaction of the Town.

(b)

Seasonal sales permit; when required. A seasonal sales permit shall be required for the following activities:

(1)

Christmas tree sales.

(2)

Pumpkin sales.

(3)

Farmers market sales.

(c)

Application requirements. An application for a seasonal sales permit must be submitted to the Director for review and approval prior to any seasonal sales or farmers market activities. A seasonal sales permit will be valid during the season for which the permit was issued, subject to all of the information on the application remaining materially unchanged. If at any time any of the information upon which the seasonal sales permit materially changes, a revised application shall be submitted to the Director for review and approval pursuant to this Article. The application for a seasonal sales permit shall contain and be accompanied by the following:

(1)

A written narrative describing the nature of the proposed activities, proposed duration of such activities and the proposed daily hours of operation.

(2)

A legible sketch plan depicting the proposed location of the activities, including but not limited to merchandise display, parking, circulation, pedestrian and vehicular ingress/egress, surface materials and sanitary facilities, if any.

(3)

Payment of all applicable application fees.

(4)

Written and signed authorization from any property owner upon whose property the proposed activities are to take place, confirming that the applicant has the right to use such property for the entire duration listed on the application.

(5)

Proof of a valid and current Town sales tax license and a Town business license.

(6)

Proof of applicable health department approvals if the proposed activity requires the same.

(7)

A diagram depicting the height, location and materials for any proposed fenced enclosures.

(d)

Limitations.

(1)

The operational requirements and limitations set forth in this Section shall apply to all seasonal sales and farmers markets. A violation of the requirements or limitations set forth in this Section may result in revocation of any or all seasonal sales permits issued to the permit holder.

(2)

Subject to all requirements of this Section, seasonal sales operations may take place only in the following zoning districts: the commercial component of any RMU-1 or RMU-2 District; NC District; CB District; GC District; HI District; and LI District.

(3)

Signage for seasonal sales and farmers markets shall be limited to the size requirements stated in Subsection 15-17-130(5)a.3 and shall be attached to and flush-mounted to the temporary sales structure, tent, trailer or similar use.

(4)

Fencing of seasonal sales and farmers market sites shall conform to the fence location, height and materials approved for such sites.

(5)

Seasonal sales and farmers markets intended for operation within any Town-owned recreational facility (including but not limited to Town parks and open spaces) shall be exempt from the requirements of this Article. All such seasonal sales and farmers markets shall comply with the applicable permit requirements administered by the Parks and Recreation Department.

(e)

Duration, revocation and renewal.

(1)

A seasonal sales permit issued pursuant to this Section shall be valid for one (1) season, subject to renewal as provided in Subsection (2) below.

(2)

A seasonal sales permit is eligible for renewal for each subsequent season, subject to the following criteria being met:

a.

No more than sixty (60) days prior to the beginning of a subsequent season, the permit holder applies in writing for renewal;

b.

The permit holder shall provide the Director with proof that the temporary vendor sales tax license fee has been paid in accordance with Subsection 4-3-360(5) of this Code;

c.

The permit holder certifies or otherwise verifies to the satisfaction of the Director that all circumstances under which the seasonal sales permit remain materially unchanged at the time renewal is sought; and

d.

The Director approves the renewal in writing.

(3)

A seasonal sales permit may be revoked by the Director if, in the sole discretion of the Director, any conditions upon which the seasonal sales permit was issued have materially lapsed, or any such conditions were materially misrepresented by the applicant.

(Ord. 2020-1620 §3)

(a)

Permitted locations. Natural medicine healing center is a use permitted by right in General Commercial (GC) and Heavy Industrial (HI) zone districts, subject to site plan requirements, distance requirements and to the time, place and manner requirements contained in this Section. Natural medicine healing centers are prohibited in all other zoning districts in the Town, including the Planned Unit Development (PUD) district.

(b)

Distance from schools and residential dwellings.

(1)

No natural medicine healing center that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of property used for a child care center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively "school").

(2)

No natural medicine healing center that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of property used for single-family dwellings, duplexes, or multiple-family dwellings (collectively "residential dwellings").

(3)

The above-mentioned distance restrictions do not apply to a licensed facility located on land owned by the Town or the State of Colorado, nor do they apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school or residential dwelling was constructed.

(c)

Hours of operation—Natural medicine services. Natural medicine healing centers that provide natural medicine services shall only operate between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday.

(d)

Public view. All doorways, windows and other openings of natural medicine healing center buildings, where healing is occurring, shall be located, covered, or screened in such a manner to prevent seeing into the interior from any exterior public or semipublic area, subject to applicable Town design standards. Coverings or screenings are not required in lobby areas where no healing activities occur. All activities of natural medicine healing centers shall occur indoors.

(e)

Storage. All storage of natural medicine and natural medicine products shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

(f)

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

(g)

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

(h)

Processing of natural medicine.

(1)

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

(2)

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

(3)

The processing of natural medicine shall meet the requirements of all adopted Town building and life/safety codes and site plan approval requirements.

(4)

The processing of natural medicine shall meet all the requirements of all adopted water and sewer regulations promulgated by the Town and any applicable water or sanitary sewer district.

(i)

Nuisance. It is unlawful and deemed a nuisance under Chapter 7 of this Code to dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine, any foul or noxious liquid or substance of any kind whatsoever, including, without limitation, by-products of the natural medicine process, into or upon any adjacent ground or lot, into any street, alley or public place, or into any municipal storm sewer and/or system in the Town.

(Ord. 2025-1727 §2)