1. 1.
   Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
2. 2.
   Corporate Limits. Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.
3. 3.
   Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
4. 4.
   Watercourses. Boundaries shown as following, or approximately following, the centerline of drainage ways, streams, water bodies, or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.
5. 5.
   Unsubdivided Land or No Identifiable Feature. On unsubdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:

   1. a.
      Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries.
   2. b.
      Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Official Zoning Map, if any.
   3. c.
      Map Scale. The boundary shall be located using the map scale appearing on the Official Zoning Map.
6. 6.
   Vacation or Abandonment. Where a public street, alley, or parcel is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street or alley.

1. 1.
   (P) - Permitted; 
2. 2.
   (S) - Permitted subject to a recommendation by the Planning Commission and subsequent approval of a special use permit by the Town Council (See Sec. 5-E-2, Special Use Permit); 
3. 3.
   (L) - Permitted subject to approval by the Director and limited use standards; and
4. 4.
   (--) - Prohibited.

1. 1.
   Residential;
2. 2.
   Agricultural;
3. 3.
   Commercial, Civic, and Institutional;
4. 4.
   Industrial and Storage; and
5. 5.
   Utility.

Purpose. The purpose of this section is to set out standards for making a determination if a new or unlisted use is either a subcategory of a permitted, limited, or special use, or a use that is functionally similar to a permitted, limited, or special use.

Authorization of Unlisted Uses. If a proposed use is not specified in Sec. 2-B-1, Use Tables, and the Director has made a determination that the use is either a subcategory of a permitted, limited, or special use, or a use that is functionally similar to a permitted, limited, or special use, the Director may authorize the proposed use, and apply all standards that would have applied to the similar use. 

1. 1.
   The actual or projected characteristics of the activity in relation to those of the listed land use;
2. 2.
   Nature and impacts of operation;
3. 3.
   Character and scale of associated buildings and structures;
4. 4.
   The amount of site area or floor space and equipment devoted to the activity;
5. 5.
   Vehicle parking demand;
6. 6.
   Average daily and peak hour trip generation (people, personal vehicles, and delivery vehicles);
7. 7.
   Types of vehicles used and their parking requirements;
8. 8.
   Building impervious surface coverage;
9. 9.
   Regulated air or water emissions;
10. 10.
    Noise, lighting, dust, vibration, electronic interference, and odors;
11. 11.
    Solid waste generation;
12. 12.
    Use and storage of hazardous materials;
13. 13.
    How the use is advertised; 
14. 14.
    Hours of operation;
15. 15.
    Visibility of equipment; and
16. 16.
    Any other reasonable and pertinent considerations necessary to assess the nature and impacts of a proposed use. 

Purpose. The purpose of this section is to provide additional standards to ensure that uses that are listed in Sec. 2-B-1, Use Tables, as "Limited" or "Special" are compatible with other uses in the district in which they are located. The approval procedure for limited or special uses is found in Secs. 5-E-2, Special Use Permit, and 5-E-4, Limited Use Authorization.

1. 1.
   A limited or special use is requested to be established in an existing or new structure or site; and
2. 2.
   An existing limited or special use is proposed to be expanded by more than ten percent (10%) of the existing square footage currently devoted to the use.

1. 1.
   Adult Entertainment Business. To operate an adult entertainment business, the proposed use shall:

   1. a.
      Not be injurious or otherwise detrimental to the public health, safety, morals and general welfare of the public; 
   2. b.

      Not admit anyone under twenty-one (21) years of age. This minimum age limitation also applies to any employees, agents, servants or independent contractors working on the premises during hours when nude entertainment is being presented;

   3. c.

      Only be available at establishments from the hours of four o'clock (4:00) PM to twelve o'clock (12:00) midnight, Monday through Saturday of each week; and

   4. d.

      Be located a minimum of five hundred feet (500') away from any of the following uses (as measured from the closest lot line of such use listed below:

      1. 1.
         All residential uses;
      2. 2.
         All overnight accommodation uses; and
      3. 3.
         All civic and institutional uses.
2. 2.
   Convenience Store and Gasoline Station.

   1. a.
      Outdoor Display and Storage. Outdoor display, storage, or sale of merchandise, vehicles, trailers or other equipment on a permanent, temporary or seasonal basis shall not be permitted, except that items such as propane tanks and other merchandise not permitted to be stored inside may be located outside of the convenience stores or principal building of a gasoline service station, if it does not include a convenience store. all vending machines shall be placed within the building.
   2. b.
      Access, Circulation and On-Site Parking.

      1. 1.
         A convenience store or gasoline station shall be designed with sufficient drive aisles and parking areas to avoid potential conflicts between loading and unloading, trash collection and other facility operations, use of emergency access easements and fire lanes, and pedestrian access. On-site circulation shall be adequate to allow vehicles to stack in a line for fuel dispensing services without using or obstructing any portion of an adjacent sidewalk or right-of-way.
      2. 2.
         To the greatest extent possible, access points and driveways must be planned and shared between adjacent properties and access easements must be noted on the site plan.
      3. 3.
         Sidewalks to accommodate pedestrian activity shall be provided. Pedestrian access must be provided from the perimeter of the property to the convenience store or gasoline station. Sidewalks in front of, or directly adjacent to the principal building must be in conformance with the Town's Standards and Specifications for Design and Construction.
   3. c.

      Architectural Design.

      1. 1.

         A convenience store or gasoline station must maintain a consistent style and architectural theme and comply with the standards established in Appendix A, Design Guidelines. Architectural design, building materials, colors, forms, roof style and detailing must all work together to express a harmonious and consistent design. This requirement includes fuel pump canopies, cashier booths, and car wash and other accessory structures, convenience stores.

      2. 2.

         Architectural treatments shall be provided on all building facades. Building design must incorporate variations in building height, building mass, roof, entrances, and changes in wall planes so as to avoid large expanses of flat, uninterrupted building walls. Canopies shall have a gabled roof, the ceiling of which shall mirror the form of the gable. 

      3. 3.

         Building elements shall not function as signage. Incorporation of franchise or business design elements unique or symbolic of a particular business shall be secondary to the overall architectural design. Bold, brash, intense, fluorescent or metallic accent colors shall be used in limited application such as in signage.

3. 3.

   Disposal/Recycling Facility.

   1. a.

      The use shall have an on-site manager on duty at all times when the facility is open;

   2. b.

      The facility does not present a hazard to nearby residents;

   3. c.

      The site shall be surrounded by a Type D bufferyard, except at points of ingress and egress;

   4. d.

      The use complies with all applicable Town, State, and Federal statutes including environmental regulations; and

   5. e.

      The site shall be located a minimum of two hundred and fifty feet (250') from an existing residential use or residential district as measured along a straight line from the closest lot lines.

4. 4.

   Kennel.

   1. a.
      Minimum Distance from Residential Uses. Any building used for the boarding of animals shall be located a minimum of two hundred feet (200'), as measured from the nearest point of one (1) lot line to another lot line,​​​from any residential use or residential zoning district boundary, school, daycare facility, or park/playground, other than a dog park.
   2. b.
      Sound-Proofing. Where the site is located adjacent to a residential use or zoning district boundary, all buildings used for the care or boarding of animals shall be fully enclosed and sound-proofed so animal noises will not be audible from a lot line.
   3. c.
      Hours for Outdoor Dog Runs and Animal Exercise Areas. No outdoor animal exercise shall occur between the hours of nine o'clock (9:00) PM and eight o'clock (8:00) AM.
   4. d.
      Front Yard Maintenance. The front yard area shall not be used for animal exercise, and all yards shall be cleared daily of any animal waste.
   5. e.
      Screening of Outdoor Dog Runs and Animal Exercise Areas. Any outdoor dog runs or animal exercise areas visible from a public right-of-way or adjacent residential use or zoning district boundary shall be enclosed by a fence designed in compliance with Appendix A, Design Guidelines, and having a minimum height of five feet (5').
   6. f.
      No Nuisance Created. The use shall not create or cause any perceptible noise or odors that constitute a public or private nuisance to neighboring properties in accordance with Title 4, Chapter 12 of the Town's Code of Ordinances. 
5. 5.
   Marijuana-Related Uses.

   1. a.
      Licensing – For use or possession of marijuana other than for personal or medical use, as set forth below, and for any sales of marijuana, licensing is required as outlined in the Town's Code of Ordinances, Title 3, Chapter 7.
   2. b.
      All growing of marijuana for personal use shall comply with Article XVIII, Sec. 16, of the Colorado Constitution and applicable state laws and:

      1. 1.
         Growing and storage of marijuana shall occur only within a completely enclosed, locked space, and shall not be conducted openly or publicly, and marijuana shall not be made available for sale. The enclosed structure for growing must comply with all applicable Building and Electrical Codes and all applicable state laws.
      2. 2.
         A person 21 years of age or older may possess, grow, process or transport no more than six marijuana plants, with three or fewer being mature, flowering plants, and may possess the marijuana produced by the plants on the premises where the plants were grown. It is unlawful to possess at or cultivate on a residential property more than twelve marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property.
      3. 3.
         Growing and storage of marijuana shall not occur in a common area associated with a dwelling unit.
      4. 4.
         Growing of marijuana shall be for personal use only by person residing in the dwelling unit.
      5. 5.
         Except pursuant to a license issued pursuant to the Town's Code of Ordinances, Title 3, Chapter 7, the retail or wholesale sale of the marijuana or products derived from the growing of marijuana is prohibited, and any off-site distribution of such plants or derived products is also prohibited.
   3. c.
      All growing of marijuana for medical use shall comply with Article XVIII, Sec. 14, of the Colorado Constitution and applicable state laws and:

      1. 1.
         A patient or cultivating primary caregiver may possess, grow, process or transport no more than six marijuana plants, with three or fewer being mature, flowering plants, and may possess the marijuana produced by the plants on the premises where the plants were grown. Additional quantities in excess of these amounts may be grown or possessed by a patient or their primary caregiver if such greater amounts are shown to be medically necessary to address a patient's debilitating medical condition. However, it is unlawful to possess at or cultivate on a residential property more than twelve marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property.
      2. 2.
         A cultivating primary caregiver shall only cultivate plants at the cultivation location registered pursuant to state law.
      3. 3.
         Growing of marijuana shall be for medical use only by person residing in the dwelling unit or by a primary caregiver, as that term is defined by state law, residing in the dwelling unit for use by their patient.
      4. 4.
         A caregiver who makes permanent residence at the registered cultivation location retains their personal right to cultivate and possess up to six plants for personal use pursuant to Article XVIII, Sec. 16, of the Colorado Constitution.
      5. 5.
         Notwithstanding these provisions, additional cultivation is not lawful at the premises registered by a caregiver to cultivate on behalf of patients.
      6. 6.
         Except pursuant to a license issued pursuant to the Town's Code of Ordinances, Title 3, Chapter 7, the retail or wholesale sale of the marijuana or the goods or products derived from the growing of marijuana is prohibited.
6. 6.
   Manufactured Home and Manufactured Home Park. Manufactured Homes are permitted subject to the following conditions:

   1. a.
      The Dwelling shall be transported, installed, occupied, and used in compliance with all applicable federal, state, local laws and adopted building code;
   2. b.
      The Dwelling is installed on a permanent foundation consisting of masonry or concrete, with running gear, tongue, towing hitch, axles, and transporting lights removed, and has an anchoring system that is totally concealed under the structure;
   3. c.
      The Dwelling is oriented such that the longer side is parallel to the centerline of the most adjacent public roadway where the lot is addressed, or in instances where this standard cannot be met, the unit is rotated ninety degrees (90°) so that the side wall faces parallel to the same aforementioned street frontage;
   4. d.
      The Dwelling is built to the Manufactured Home Construction and Safety Standards (HUD Code, 42 USC Ch. 5401-5426); and
   5. e.
      The Dwelling displays a certification label on the exterior of each transportable section.
7. 7.
   Mobile Vending. Mobile vending shall meet the requirements in Sec. 3-9 of the Town's Code of Ordinances.
8. 8.
   Wireless Telecommunication Facility. Refer to Title 8 of the Town's Code of Ordinances.
9. 9.
   Rock Crushing. Rock Crushing is permitted subject to the following conditions:

   1. a.

      The operation shall not last more than four (4) months.   

   2. b.

      The hours of operation shall be limited to Monday through Friday, eight o'clock (8:00) AM to five o'clock (5:00) PM. Equipment shall not be turned on prior to eight o'clock (8:00) AM and shall be shut down prior to five o'clock (5:00) PM. No operation is permitted on weekends or holidays.

   3. c.

      All state permits shall be obtained prior to operation. 

   4. d.

      A Dust Mitigation Plan shall be provided prior to operation. The plan shall identify steps that will be taken to mitigate potential fugitive dust during the operation.

   5. e.

      Screening shall be placed along all lot lines and adjacent to any public sidewalks/trails to shield operations from the public. Screening shall be removed upon completion of the operation.  

   6. f.

      Work shall only occur on days when site and environmental conditions are appropriate. Wind direction, precipitation, air and ground temperature, and other site conditions shall be monitored to mitigate impacts of the Rock crushing operation on neighboring properties and businesses.

   7. g.

      Excess material left from the operation shall be revegetated in conformance with Town Standards. 

   8. h.

      The location of the operation shall be central to the property to minimize impact to surrounding properties.

10. 10.

    Special Event.

    1. a.

       The event is appropriate to the location, the lot, the neighborhood, and the Town;

    2. b.

       The event does not substantially or unalterably change the character of the neighborhood; and 

    3. c.

       All special events requesting to have alcoholic sales as an accessory use must also comply with Sec. 3-4-5-D of the Town's Code of Ordinances.

11. 11.

    Utility, Major. The use is permitted provided that:

    1. a.

       All above-ground structures and equipment are screened from public view by an approved fence (Sec. 3-I-7, Fences and Walls). The fence shall be the height of the structure or equipment, plus one foot (1'); and

    2. b.

       The setback is a minimum of twenty-five feet (25') from the right-of-way of all streets bounding the property on which the use is located.

12. 12.
    Condo-Hotel. The use is permitted provided that the Condo-Hotel owner executes a development agreement in a form approved by the Town, recorded with the Grand County Clerk and Recorder, and demonstrates that the Condo-Hotel:

    1. a.
       For new construction, complies with the affordable housing impact fee provisions set out in Title 5, Chapter 6, of this Code. 
    2. b.

       Provides private amenities to guests that are customary for hotels such as, without limitation, centralized booking system, shuttle service, food and beverage facilities, and concierge services.

    3. c.
       Expressly establishes through condominium declarations, articles of incorporation, or restrictive covenants residency restrictions for unit owners ensuring units are occupied by unit owners for a maximum of 90 days in a calendar year.
    4. d.
       Establishes minimum use and behavior standards for occupants and guests, has adequate procedures in place to promptly enforce such standards, and will ensure that occupancy and use requirements are continually met.
    5. e.
       Provides and retains a property management company responsible for, among other things, ensuring the peaceful and orderly operation of the Condo-Hotel.
    6. f.
       Limits ownership of individual units to prevent a timeshare or fractional ownership structure.
    7. g.
       Grants the Town reasonable access to Condo-Hotel owners' books and records as needed to confirm ongoing compliance with these use-specific standards.
    8. h.
       Acknowledges that the use-specific standards run with the property and that failure to comply with the use-specific standards may be enforced by the Town as a zoning violation.

1. 1.
   Accessory Dwelling Unit. 

   1. a.
      Any accessory dwelling unit (ADU) shall:  ​

      1. 1.
         ​​​​​​Have a minimum size of three hundred (300) square feet not to exceed fifty percent (50%) of the gross floor area of the principal Dwelling; 
      2. 2.
         Include a kitchen (to include, but not be limited to, a sink, a refrigerator, and a range);
      3. 3.
         Include a full bathroom (to include, but not be limited to, a sink, a toilet, and a shower or bathtub);
      4. 4.
         Be provided with a separate entrance from the principal Dwelling; and
      5. 5.
         Not be subdivided or/or subsequently sold as fee simple ownership. It shall remain as part of the property where the primary unit is located.
   2. b.
      Detached ADUs shall be:

      1. 1.
         Separated from the principal Dwelling unit by a minimum of ten feet (10'); and
      2. 2.
         Located to the rear of the principal Dwelling unit.
   3. c.
      Where a principal residential use is expanded to accommodate an attached or detached ADU, the expansion shall be designed, clad, painted, and roofed in a manner that is comparable to the principal dwelling unit.
   4. d.
      Use of Principal and Accessory Dwelling Units: Either the accessory Dwelling unit or the principal Dwelling unit shall be restricted to long term tenancy by persons who meet the following criteria:

      1. 1.
         The unit must be the primary residence of the tenant(s); and
      2. 2.
         The tenant(s) must work a minimum of thirty-two (32) hours per week or one thousand (1,000) hours per year at a job in Grand County.
   5. e.
      The Town may allow exceptions to the residency requirements in a unit designated as a caretaker unit, for units designated as on-site employee Dwelling units, for persons with disabilities, or for persons who have reached retirement age.
   6. f.
      Any property containing an accessory Dwelling unit not properly leased or inhabited in accordance with these requirements shall be deemed a violation of the accessory Dwelling unit approval and a breach of the covenant restricting the unit. The Town shall have the ability to pursue any and all remedies necessary to enforce the requirements of this section including revocation of the accessory Dwelling unit approval, and the Town shall be entitled to recover all costs, including reasonable attorney fees, incurred in enforcing the same.
   7. g.
      Any accessory Dwelling unit that is rented for a minimum of six (6) months of each calendar year to a tenant that meets the requirements of this section shall be allowed to lease the unit under short term leases for up to six (6) months of said calendar year.
   8. h.
      Recordation of Covenant: All permits issued for an accessory Dwelling unit shall include the requirement that the property owner record a covenant restricting the use and occupancy of the property in accordance with the requirements of this section. The covenant shall be drafted by the Town and shall grant enforcement power to the Town or its designee.
   9. i.
      Financial Incentive: Construction of an accessory Dwelling unit pursuant to the requirements of this section may qualify the property owner for the affordable housing fee waiver and/or the affordable housing incentive as provided for in Title 6, Chapter 5 of the Town's Code of Ordinances. 
2. 2.
   Accessory Structures. Refer to Sec. 2-B-4 of this UDC.
3. 3.
   Dormitory.

   1. a.

      Height. A Dormitory shall be allowed an additional eight (8) feet of height above the maximum permitted height for the zoning district in which it is located.

   2. b.

      Parking. A Dormitory shall be allowed a reduction of fifty (50) percent of the required parking for the zoning district in which it is located.

4. 4.
   Home Occupations.

   1. a.
      General Regulations.

      1. 1.
         The home occupation shall be incidental to the residential use of the property where it is operated. No more than twenty percent (20%) of the total gross floor area of the principal Dwelling may be used for the operation of a home occupation.
      2. 2.
         The owner and operator of the home occupation must live on the premises.
      3. 3.
         All work activities shall be conducted entirely within the Dwelling unit and/or accessory structure.
      4. 4.
         There shall be no visible or audible evidence from the outside of the Dwelling unit and/or accessory structure in which a home occupation is being conducted.
      5. 5.
         The home occupation shall not constitute a hazard or nuisance to neighboring properties. See Chapter 12 of the Town's Code of Ordinances.
      6. 6.
         Outdoor storage of any equipment, machinery, parts, goods, materials, or other items related to the business are prohibited, other than one (1) vehicle used for work purposes.
      7. 7.
         The home occupation shall not involve the parking or storage of tractor-trailers, semi-trucks, or heavy equipment, such as construction equipment.
      8. 8.
         The home occupation shall not cause glare, noise, odors, dust or electronic interference to the residents of surrounding properties.
      9. 9.
         The home occupation shall not require additional on- or off-street parking; nor shall it generate, on a consistent basis, more vehicular traffic or deliveries than a typical residential use.
   2. b.
      Outside Employment. A home occupation shall not employ individuals other than a member of the owner's family.
   3. c.
      Licensure Required. All home occupations are required to obtain a business license per Sec. 3-1-4, License Required, of the Town's Code of Ordinances.  
   4. d.
      Prohibited Home Occupations. The following is a list of land uses that are strictly prohibited from being permitted as a home occupation. This list is not exhaustive and additional uses may also not be prohibited.

      1. 1.
         Private schools;
      2. 2.
         Child-care facilities that are classified by the Colorado Department of Human Services (CDHS) as requiring a non-home child care license;
      3. 3.
         Welding;
      4. 4.
         Automobile vehicle service, including body repair, vehicle painting, and the rebuilding or dismantling of vehicles; 
      5. 5.
         Mechanical service or repair of any kind to any personal property items not owned by the resident; and
      6. 6.
         The production, storage, distribution, or collection of hazardous chemicals, toxic materials, fireworks, or similar materials, or other like businesses.
5. 5.
   Live-Work Unit. 

   1. a.
      The nonresidential portion of a live-work unit may be only an office use category as identified in Sec. 2-B-1, Use Tables;
   2. b.
      The floor area of the nonresidential portion of the use shall not exceed three thousand (3,000) square feet;
   3. c.
      If the use is located in a pre-existing residential Dwelling that was converted to a live-work unit, the use shall maintain the residential character and appearance of the structure;
   4. d.
      The business owner and the residents’ occupant in the residential portion of the live-work unit must be the same person; and
   5. e.
      The use shall not include a drive-through activity.
6. 6.
   Lock-off. RESERVED.
7. 7.
   Multiplex. Multiplexes are allowed if it is demonstrated that:

   1. a.
      They are constructed with not more than four (4) dwelling units;
   2. b.
      In the D-C district, vehicular access to the units shall be from the side or rear lot lines; and
   3. c.
      Individual unit and garage entries must be on a minimum of three (3) facades or designed in a manner so as to appear as a single-family Dwelling.
8. 8.
   On-Site Employee Housing.

   1. a.
      All residents of the use must be employees of the primary use and/or a family member of the employee.
   2. b.
      The amount of square footage dedicated to the use must be fifty percent (50%) or less of the total square footage of the primary use.
   3. c.
      The housing shall include a kitchen (to include, but not be limited to, a sink, a refrigerator, and a range) and a full bathroom (to include, but not be limited to, a sink, a toilet, and a shower or bathtub).
9. 9.
   Outdoor Swimming Pool. Outdoor swimming pools are allowed if it is demonstrated that the use:

   1. a.
      Is limited to the occupants of the Dwelling and their guests;
   2. b.
      Is walled or fenced to prevent uncontrolled access to the swimming pool;
   3. c.
      Arranges all fixed lighting fixtures on the property to prevent lighting glare onto any adjacent property; and
   4. d.
      Is connected to a sanitary sewer system. 
10. 10.

    Short-Term Rental (Owner/Non-Owner). Refer to Sec. 3-10 of the Town's Code of Ordinances. 

1. 1.
   Backyard Chickens. 

   1. a.

      Roosters are prohibited. No more than six (6) adult hens are allowed per lot; provided, that if a person has more than six (6) adult hens, the keeping of additional chickens shall require a special use permit;

   2. b.

      Location and setbacks. All chicken coops shall be located:

      1. 1.

         A minimum of fifteen feet (15') from an abutting lot line or thirty feet (30') from an inhabited Dwelling unit on abutting property, whichever is greater; 

      2. 2.

         A minimum of ten feet (10') from any inhabitable building;

      3. 3.

         Not within the front setback; and

      4. 4.

         Behind fencing.

   3. c.

      Coop design.

      1. 1.

         All chicken coops shall provide a minimum of four (4) sf. per chicken; shelter from the elements; resistance to predators; and proper ventilation; and

      2. 2.

         The coops shall be attached to a chicken run that provides a minimum of ten (10) sf. per chicken.

   4. d.

      Chickens shall be kept in a clean, sanitary and healthy condition and confined to the owners’ property. Animal waste, fecal matter, feathers or other chicken debris shall not be allowed to accumulate on any public property;

   5. e.

      Chicken feed shall be stored in a rodent-proof container inside a locked structure;

   6. f.

      During daylight hours, hens shall be provided access to the sun, the chicken coop, and access to the chicken run that is adequately fenced to prevent the escape of the chickens; and

   7. g.

      Chickens shall be kept in the chicken coop between the hours of dusk and dawn to provide protection from predators.

2. 2.
   Nursery (Retail).

   1. a.
      The display of goods, materials, and merchandise will not reduce the minimum required parking and/or loading requirements for the use (See Sec. 3-H-3, Required Parking and Sec. 3-H-6, Off-Street Loading); and
   2. b.
      Bulk sales of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stored or sold on-site.
3. 3.
   Stable (Public and Private). All stables, regardless of whether they provide access to the public shall be located a minimum of fifty feet (50') from either the street right-of-way or building on the same or adjoining lot. 

1. 1.
   Cemetery. A cemetery shall be separated from residential Dwelling units by a Type B bufferyard, as provided in Sec. 3-I-5, Bufferyards.
2. 2.
   Clinic, Medical Lab, or Urgent Care. A Clinic, Medical Lab, or Urgent Care use shall not:

   1. a.
      Engage in laboratory activity not related to the principal clinic or urgent care use; and
   2. b.
      Provide overnight stays for those receiving care.
3. 3.
   College, University, or Vocational School. Any college, university, or vocational school shall be:

   1. a.
      Separated from any residential use(s) / district(s) with a Type C bufferyard; and
   2. b.
      Required to submit circulation and parking plans which demonstrate:

      1. 1.
         ​​​​​​Peak traffic impacts to the adjacent streets are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one (1) level worse than the traffic conditions that existed prior to the establishment of the use;
      2. 2.
         On-campus circulation includes improvements that provide for the mobility and safety of pedestrians and bicyclists; and
      3. 3.
         Parking will be accommodated on campus or in parking lots adjacent to or near the campus so as to preserve the traffic carrying capacity of streets for the purpose of public safety. 
4. 4.
   Funeral Home. Funeral homes shall:

   1. a.
      Not permit on-site cremation; and
   2. b.
      Meet all certifications, licensing, and/or monitoring requirements of the State.
5. 5.
   Place of Public Assembly.

   1. a.
      For new uses: Parking shall be provided on-site; off-site parking requires a special use permit. (See Sec. 6-A-3, Required Parking and Sec. 3-H-6, Off-Street Loading)
   2. b.
      For the expansion of existing uses: The expansion does not increase the material impact on adjacent residential uses or districts.
6. 6.
   Public Service Facility. When the site abuts a residential district or use, it shall be screened by a Type C bufferyard.
7. 7.
   Mobile Vending. Mobile vending shall meet the requirements in Chapter 9 of Title 3 of the Winter Park Town Code.

1. 1.
   Brewing / Distillery / Winery, Production with On-Premise Consumption. Production of beer, wine, and spirits with on-premise consumption may be permitted, if in addition to the other applicable standards of this UDC, it is demonstrated that the use will not create offensive odors perceptible from other properties.

1. 1.
   Accessory Structures. Refer to Section 2-B-3 of this UDC. 
2. 2.
   Drive-Through Facility.

   1. a.
      A Drive-Through Facility in the Residential-Commercial Service (R-C), Limited Commercial (C-1), and Destination Center (D-C) zone districts shall comply with the standards set out in Sec. 5-E-1, Site Plan.
   2. b.
      The facility shall not be located within the front yard adjacent to street right-of-way;
   3. c.
      Ordering stations, service windows and drive-through lanes shall be screened by a Type B bufferyard, as provided in Sec. 3-I-5, Bufferyards, from all street rights-of-way and adjoining uses;
   4. d.
      Each service window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces measuring eight feet (8') by twenty feet (20'); and
   5. e.
      Stacking spaces shall not be located in public right-of-way or a common access drive.
3. 3.
   Outdoor Display and Sales. The use is allowed provided that it is:

   1. a.
      Attached to the principal use;
   2. b.
      Within the buildable area of the site;
   3. c.
      Configured as a walled or decoratively fenced area that entirely screens the merchandise on all sides; and
   4. d.
      Not located in areas that are required or used for parking, loading, or vehicular circulations (See Sec. 3-H-3, Required Parking and Sec. 3-H-6, Off-Street Loading). 
4. 4.
   Vehicle Wash.

   1. a.
      A single-bay vehicle wash facility is allowed as an accessory use to a permitted convenience store or light automobile service / gasoline station, subject to any use restrictions imposed by a site plan or applicable zone district.
   2. b.
      Water Recycling and Wastewater.

      1. 1.
         All vehicle wash facilities accessory to a convenience store or gasoline station shall be required to be equipped with, and shall maintain in operation, a water recycling system that will recycle not less than fifty percent (50%) of the water being used by such vehicle wash facility.
      2. 2.
          An applicant for a convenience store or gasoline station with an accessory vehicle wash facility proposed for construction after the Effective Date shall submit its site plan, as applicable, to ensure appropriate and safe provision, use and discharge of water into the wastewater system.
      3. 3.
         Where a convenience store or gasoline service station abuts property zoned or used for residential purposes, lights illuminating the fuel pumps, canopies or other areas of the site shall comply with the standards of Article 3.K, Outdoor Lighting.
   3. c.
      Vehicle washes are not permitted as an accessory use to any Convenience Store and Service Station use in the Residential-Commercial (R-C) District.

1. 1.
   Bed and Breakfast. A Bed and Breakfast use shall be:

   1. a.

      Compliant with the applicable limited use standards for a Short-Term Rental;

   2. b.

      Conducted by the owner, lessee or manager of the property who resides on the premises;

   3. c.

      Limited to the signage which is allowed by the Sign Code; and

   4. d.

      Required to meet the standards and specifications established in Article 3.H, Parking, Loading, and Access. 

2. 2.
   Campground with Overnight Accommodations.

   1. a.
      ​​​​​The use must provide and maintain on-site water supply, sewage disposal, and common restroom facilities in compliance with all Town and other applicable ordinances and requirements.
   2. b.
      Campground shall be no less than three (3) acres.
   3. c.
      Permanent skirting of a recreational vehicle is prohibited.
   4. d.
      The operators of the use must ensure that all residents are temporary in nature meaning that residents cannot stay at the campground longer than three (3) weeks.
   5. e.
      The perimeter of the campground shall be screened by a Type B bufferyard, as provided in Sec. 3-I-5, Bufferyards.
   6. f.
      The campground shall be located no less than one hundred feet (100') from a residential zone district.
3. 3.
   Hotel or Motel.

   1. a.
      Hotels or Motels in the Limited Commercial (C-1) District shall be a building or group of buildings containing a minimum of five (5) and a maximum of fifty (50) rooms, with all rooms being accessible from a common area.
   2. b.
      ​​​​​​Hotels or Motels in the Residential Commercial (R-C) District shall:

      1. 1.
         Have hotel/motel staff on-site twenty-four (24) hours a day;
      2. 2.
         Only be located along a collector or arterial street; and
      3. 3.
         Set external balconies a minimum of fifty feet (50') from any M-E or R-1 Zone District  (measured along a straight line from the ground below the balcony to the closest single-family residential district boundary line).
4. 4.
   Hostel. The use shall have the following:

   1. a.
      Laundry facility;
   2. b.
      Common eating facility; and 
   3. c.
      An on-site manager available whenever guests are residing at the property.

1. 1.
   Primary Structure Built First. In all districts, no garage, tent, trailer or other accessory structure or accessory use shall be erected for residential purposes prior to construction of the principal building. 
2. 2.
   Scale. The accessory structure must not have a footprint greater than fifty percent (50%) of the principal building's footprint. 
3. 3.
   Height. An accessory structure shall not exceed twenty-five feet (25') or the height of the principal building, whichever is less.
4. 4.
   Setbacks.

   1. a.
      An accessory structure must be set back a minimum of ten feet (10') behind the rear facade of the principal building. 
   2. b.
      No accessory structure shall be located within a required front, side, or rear yard. Accessory structures must comply with the corner yard setbacks set out in Article 3.A, Lot and Building Standards.
   3. c.
      An accessory structure shall not be located within any easement unless approved otherwise by the Planning Commission.

Purpose. The purpose of this section is to set out standards for the location and conduct of temporary uses of land to ensure that they do not become a nuisance, safety hazard, or diminish the character or function of the area in which they are located.

Applicability. A Temporary Use Permit is required for any temporary use or structure that may be allowed in each zone district as listed in this Section unless such temporary use is an exempt temporary use as defined below.

Review Procedures. Applications for a temporary use permit shall follow the general review procedures set forth in Sec. 5-E-5, Temporary Use Permit. Applications for temporary use permits may be initiated by the owner or lessee of the property for which a temporary use or structure is desired. Temporary use permits may be extended or renewed by applying for a new temporary use permit in accordance with the procedures and review criteria in this Section.

1. 1.
   Location and Site Requirements. Temporary uses shall:

   1. a.
      Have legal access to the site on which the use is to be conducted;
   2. b.
      Be conducted in areas designated by an approved temporary use plan or site plan; 
   3. c.
      Be set back a minimum of  ten feet (10') from public rights-of-way; and
   4. d.
      Be set back a minimum of fifteen feet (15') from an R-1, R-2, or R-2-O district.
2. 2.
   Buildings and Structures. Temporary buildings and structures shall:

   1. a.
      Comply with the district height limits;
   2. b.
      Comply with Title 6, Building Regulations, in the Town's Code of Ordinances;
   3. c.
      Comply with Appendix A, Design Guidelines; and
   4. d.
      Obtain a building permit. 
3. 3.
   Access, Circulation, and Parking. A temporary use shall:

   1. a.
      Have adequate sight distances for safe vehicular ingress and egress;
   2. b.
      Take access to a street with adequate capacity for the anticipated volume of traffic;
   3. c.
      Not obstruct vehicular circulation nor access by emergency service providers;
   4. d.
      Provide safe circulation by:

      1. 1.
         Maintaining access to permanent uses operating simultaneous to the temporary use;
      2. 2.
         Providing directional signage; and
      3. 3.
         Minimizing points of conflict between vehicles and pedestrians.
   5. e.
      Have sufficient on-site parking for the principal and temporary use.
4. 4.
   Utilities. Temporary uses shall provide sufficient potable water and adequate sewage disposal.
5. 5.
   Outdoor Lighting. All light sources shall comply with the standards set out in Article 3.K, Outdoor Lighting.
6. 6.
   Public Convenience and Litter Control.

   1. a.
      Adequate public restroom facilities may be required on-site.
   2. b.
      Adequate waste containers and a written guarantee shall be required such that all litter will be removed at no expense to the Town.

1. 1.
   Construction Trailers.

   1. a.
      Construction trailers shall be located on the lot that is subject to an associated, valid building permit. Construction trailers may be located on adjacent property with consent of the property owner, upon a finding by the Director that the construction trailer cannot be located on the subject property due to the size or characteristics of the lot or development activity.
   2. b.
      Construction trailers shall comply with minimum yard requirements. The Director may waive yard requirements upon a finding that the construction trailer is not located in a sight triangle and will not cause detriment to the public health, safety, and welfare. The number, location, and site layout of construction trailers shall be reviewed and approved as part of a site plan.
   3. c.
      Construction trailers shall not be used for overnight accommodations. 
   4. d.
      Construction trailers shall be removed from the development parcel prior to Certificate of Occupancy or if construction ceases on the development parcel for thirty (30) days or longer.
2. 2.
   Temporary Construction Fencing.

   1. a.
      Temporary construction fences consisting of chain-link, no more than six feet (6') in height above the ground, shall not require a temporary use permit.  
   2. b.
      Temporary construction fences installed along a public right-of-way shall have opaque mesh fabric that is securely attached to the fence.
   3. c.
      Temporary construction fences proposed in excess of six feet (6') in height will require review and permitting by the Building Division. 
3. 3.
   Real Estate Sales Trailer.

   1. a.
      Real estate sales trailers shall be located on the same lot or within the same development or subdivision as the properties for sale.
   2. b.
      Real estate sales trailers are permitted for one (1) year or until 75 percent (75%) of the property interests are sold, whichever occurs first.
   3. c.
      The number of real estate sales trailers per development or subdivision shall be limited to one.
   4. d.
      Real estate sales trailers shall not exceed one thousand (1,000) square feet gross floor area.
   5. e.
      Real estate sales trailers shall comply with minimum yard requirements.
   6. f.
      Access and parking areas serving the real estate sales trailer shall be an approved all-weather surface and maintained in a dust-free condition.
4. 4.
   Seasonal Outdoor Sales

   1. a.
      Seasonal outdoor sales shall be limited to thirty (30) consecutive days. The Director may approve a longer duration upon a finding that the time period is appropriate for the seasonal sales and that the longer duration will not result in any adverse impacts.
   2. b.
      Temporary buildings or structures associated with seasonal outdoor sales shall comply with minimum yard requirements.
   3. c.
      Display of Christmas trees need not comply with the yard and setback requirements of this section provided no tree is displayed within twenty-five feet (25') of the curb lines of any two (2) intersecting streets.
   4. d.
      Display of goods and merchandise related to seasonal sales of live plantings, landscaping materials, and firewood may be conducted outside of enclosed buildings in any nonresidential or mixed-use district, subject to the following conditions:

      1. 1.

         An area equivalent to the lesser of five percent (5%) of the gross floor area of the enclosed permanent principal use or five hundred (500) square feet may be used for open display and sales of seasonal outdoor merchandise;

      2. 2.
         No portion of the display shall be within the required front yard setback or on publicly-owned property; and
      3. 3.

         No portion of the display shall interfere with traffic circulation or reduce the on-site parking below that required for the principal use.

Exemptions. The regulations in this Section shall not apply to the following uses:

1. 1.

   Outdoor sales or events which do not exceed five (5) days total in any calendar year;

2. 2.

   Construction activities located on a subject property, including the storage of construction materials and construction equipment, and construction-related parking associated with a valid building permit for such property;

3. 3.

   Funeral processions;

4. 4.

   Garage or estate sales;

5. 5.

   Private parties;

6. 6.

   Weddings of immediate family of the homeowner;

7. 7.

   Staging and assembly grounds for natural disasters and emergencies; and

8. 8.

   A governmental agency acting within the scope of its functions.