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Winter Park City Zoning Code

CHAPTER 3

Development Standards

Article 3.C Resource Identification and Sensitive Lands Protection

  • A.
    Generally.
    1. 1.
      All subdivisions and site plans shall show the boundaries of areas of the natural resources listed in Subsection B, if such areas exist on the parcel proposed for development. Such delineation shall be by a qualified professional.
    2. 2.
      Development that does not require a site plan, but is located on a parcel or lot which was not subdivided in accordance with the requirements of this Article shall provide resource identification.
  • B.
    Resource Mapping Criteria. The following resources on a parcel proposed for development shall be mapped according to the stated criteria or methodologies. These resources are subject to the resource protection requirements of this Article.
    1. 1.
      Riparian Buffers. Riparian buffers shall be mapped as an area that extends thirty feet (30') landward of the ordinary high water mark or top of bank, as applicable, from rivers, streams, and creeks.
    2. 2.
      Floodplains, Floodways, and Floodway Fringes. Floodplains, floodways, and floodway fringes shall be mapped according to their boundaries as shown on the most recent maps available from the Federal Emergency Management Agency ("FEMA").
    3. 3.
      Wetlands. Wetlands shall be delineated according to the 1987 edition of the U.S. Army Corps of Engineers Wetland Delineation Manual.
    4. 4.
      Forests and Woodlands. Forests and woodlands are areas that are a minimum of ten (10) contiguous acres in area in which trees have overlapping crowns that provide a minimum of fifty percent (50%) cover. Forests and woodlands are delineated by the edges of the crowns.
    5. 5.
      Critical Wildlife Habitat, Winter Range for Elk and Mule Deer, and Big Game Migration Corridors. Critical wildlife habitat, winter range for elk and mule deer, and big game migration corridors shall be mapped in consultation with the Colorado Division of Wildlife. Refer to Sec. 3-C-5Protection of Wildlife Corridors, Ranges, and Habitat.
    6. 6.
      Steep Slopes. Steep slopes shall be mapped as those areas on a parcel proposed for development with an average grade of thirty percent (30%) or more.
    7. 7.
      Geologic Hazard Areas.
      1. a.
        Geologic hazard areas are identified on maps prepared by the Colorado Geological Survey and other qualified geological professionals; and
      2. b.
        Each type of geologic hazard on a parcel proposed for development shall be mapped.
  • C.
    Waiver of Requirement. The Director may waive the resource identification requirement for one (1) or more of the listed resources if the Director determines that there is no evidence of the presence of the resource or resources on the parcel or lot proposed for development.
  • (Ord. 24-623, 09/08/2024) 

    Article 3.J. Signs

    (Ord. 25-639, 12/02/2025)

    Sec. 3-A-1 Purpose

    The purpose of this Article is to establish standards for residential, nonresidential, and mixed-use development including:

    1. A.
      Residential standards for lot area, lot width, lot depth, maximum building height, and setbacks, required open space percentages, maximum building coverage, and development density;
    2. B.
      Nonresidential and mixed-use standards for maximum building height, building coverage, and setbacks;
    3. C.
      Flexible development provisions for residential, non-residential, and mixed uses that are designed to accommodate topographic conditions, preserve sensitive lands, protect natural resources, and to conserve the character and integrity of established neighborhoods throughout the Town; and
    4. D.
      Creative site planning standards that work to implement principles of the Town's 2019 Imagine Winter Park Plan (the "Comprehensive Plan") designed to make the Town more compact and pedestrian-oriented.

    (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-A-2 Applicability

  • This Article applies to all development and redevelopment or substantial improvement of property within the corporate limits of the Town unless a residential district or districts is specified.
  • For additional information above the standards provided in this Article, see the Site Design Guidelines in Appendix A, Part 2 of the Town's Design Guidelines.
  • Effective on: 6/12/2022

    Sec. 3-A-3 Residential Development Types

  • A.
    Dimensional Standards. Set out in Table 3-A-3, Residential Lot and Building Standards, are the allowable development and housing types, development density, open space requirements, maximum building coveragelot area and width, and maximum building height and setback standards for the residential zone districts set out in Sec. 2-A-4, Establishment of Zoning Districts. All development types within each district are allowed by-right, subject to the applicable standards.
  • B.
    Limitations. Not all parcels proposed for development may achieve the maximum density due to factors such as parcel geometry; physical conditions such as slopes, soils, and natural hazards; infrastructure limitations; or restrictions on proposed uses. Accordingly, the application of the standards of this UDC may, in some cases, limit the development potential of a parcel to less than what is provided by this Section.
  •  Table 3-A-3

    Residential Lot and Building Standards

    ZD1

    Use Category2

    Development

    Type

    Density3
    (du/ac)
    Open Space (%)4

    Max.

    Building Coverage5 (%)

     Minimum Lot Dimensions Maximum Height7 
    (ft)
     Minimum/Maximum Setbacks(ft)
    Area6
    (sf)
    Width
    (ft)
    Depth
    (ft)
    FrontCornerSide Rear
    Mountain Estate - M-E
    M-ESingle-Family DetachedStandard1.0003043,5601502903550352050
    Cluster91.303021,7809024035251535
    Conservation1.755010,890751453020830
    Single-Family Residential - R-1
    R-1Single-Family Detached Existing 114.84--409,000751003525151020
    Standard1010,3508512030201520
    Cluster99,000107512025151025
    Conservation7,6506010025151030
    Multiple-Family Residential - R-2

    R-2

     

    Single-Family Detached

    Existing 124.84--409,000501003525155-111420
    Standard

    Zero Lot Line 13

    6.00106,00050120100/10
    Single-Family AttachedDuplex9.50107,50050100125-1114
    Twin Home189.50103,75025100125-1114
    Townhouse1720.00151,30020--155-1114
    MultifamilyMultiplex
    20.00

    15

    1,650

    --

    --
    155-1114
    Apartment155-1114
    Mixed UseLive-Work----5,00050100201530
    Multiple-Family Residential District Within Old Town - R-2-O
    R-2-OSingle-Family DetachedExisting14.52--703,000501565351515510
    Single-Family AttachedDuplex20.00--4,35650
    Twin Home1820.00--2,17825
    Townhouse1720.00--
    MultifamilyApartment20.00--
    Multiplex
    Destination Center District - D-C16 
    D-C

    Single-Family Attached 

    Duplex28.00--851,55015--55----5--
    Twin Home18
    Townhouse17
    MultifamilyApartment32.00101,500----55----5--
    Dormitory
    Multiplex
    Mixed UseLive-Work------1,20025--35----5--
    Overnight AccommodationsHotel or Motel84.00------5010055----5--
    Hostel
    Residential-Commercial Service District - R-C16
    R-CSingle-Family  AttachedDuplex20.00--50--50--3525155-111420
    Twin Home18
    Townhouse17
    MultifamilyMultiplex
    Apartment
    Single-Family Detached 
    Overnight AccommodationsHotel or Motel60.00------50--3525155-111420
    Limited Commercial District - C-116
    C-1Single-Family AttachedDuplex20.00--401,85030603557.555
    Twin Home18
    Townhouse17
    MultifamilyApartment
    Overnight AccommodationsHotel or Motel
    Hostel
    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. 1.
      ZD = Zoning District
    2. 2.
      Illustrations of the different housing types are provided in Sec. 3-A-4, Residential Building Types. 
    3. 3.
      To calculate density, see Sec. 3-A-7.F, Density.
    4. 4.
      To calculate open space, see the Open Space definition in Article 7.C.
    5. 5.
      To calculate building coverage, see Sec. 3-A-7.C, Building Coverage.
    6. 6.
      Minimum lot area and lot width is calculated per dwelling unit.
    7. 7.
      To calculate maximum building height, see Sec. 3-A-7.E, Building Height.
    8. 8.
      Garages that access an alley shall be set back a minimum of five feet (5') or twenty feet (20') for head-in access from the alley.
    9. 9.
      See Subsection C, Cluster Development.
    10. 10.
      An average of nine thousand (9,000) square feet is required across each phase of development with the minimum and maximum lot areas no less or more than the small and large lots.
    11. 11.
      Existing applies to all R-1 zoned lots platted prior to the Effective Date of this UDC.
    12. 12.
      Existing applies to all R-2 zoned lots platted prior to the Effective Date of this UDC; zero-lot line not applicable.
    13. 13.
      Zero lot line dwellings may be located on or within one foot (1') of one (1) side lot line provided a minimum three-foot (3') maintenance easement is established. This development type is only permitted in subdivision platted after adoption of this UDC.
    14. 14.
      There shall be a minimum side yard setback of five feet (5') and three feet (3') shall be added to each required side yard for each story above the first story of any building.
    15. 15.
      Exceptions: Lot 1, Block 3; Lots 5 and 6, Block 6; and Lot 9, Block 10 of Winter Park Village Subdivision.
    16. 16.
      Setbacks and maximum building coverage requirements for mixed-use developments shall be based on the requirements which apply to the dominant use on the ground floor (i.e., more than fifty percent (50%) residential or nonresidential).
    17. 17.
      There is no building coverage requirement for individual townhouse lots, only for the townhouse project site. The minimum side yard setbacks are measured from the lot line of the townhouse project site and not from individual townhouse lots.  Minimum building separation shall be 5' between each townhouse group. 
    18. 18.
      There is no building coverage requirement for individual twin home lots, only for the twin home project site. The minimum side yard setbacks are measured from the lot line of the twin home project site and not from individual twin home lots. 

     Table 3-A-3

    Residential Lot and Building Standards

    ZD1

    Use Category2

    Development

    Type

    Density3
    (du/ac)
    Open Space (%)4

    Max.

    Building Coverage5 (%)

     Minimum Lot Dimensions Maximum Height7 
    (ft)
     Minimum/Maximum Setbacks(ft)
    Area6
    (sf)
    Width
    (ft)
    Depth
    (ft)
    FrontCornerSide Rear
    Mountain Estate - M-E
    M-ESingle-Family DetachedStandard1.0003043,5601502903550352050
    Cluster91.303021,7809024035251535
    Conservation1.755010,890751453020830
    Single-Family Residential - R-1
    R-1Single-Family Detached Existing 114.84--409,000751003525151020
    Standard1010,3508512030201520
    Cluster99,000107512025151025
    Conservation7,6506010025151030
    Multiple-Family Residential - R-2

    R-2

     

    Single-Family Detached

    Existing 124.84--409,000501003525155-111420
    Standard

    Zero Lot Line 13

    6.00106,00050120100/10
    Single-Family AttachedDuplex9.50107,50050100125-1114
    Twin Home189.50103,75025100125-1114
    Townhouse1720.00151,30020--155-1114
    MultifamilyMultiplex
    20.00

    15

    1,650

    --

    --
    155-1114
    Apartment155-1114
    Mixed UseLive-Work----5,00050100201530
    Multiple-Family Residential District Within Old Town - R-2-O
    R-2-OSingle-Family DetachedExisting14.52--703,000501565351515510
    Single-Family AttachedDuplex20.00--4,35650
    Twin Home1820.00--2,17825
    Townhouse1720.00--
    MultifamilyApartment20.00--
    Multiplex
    Destination Center District - D-C16 
    D-C

    Single-Family Attached 

    Duplex28.00--851,55015--55----5--
    Twin Home18
    Townhouse17
    MultifamilyApartment32.00101,500----55----5--
    Dormitory
    Multiplex
    Mixed UseLive-Work------1,20025--35----5--
    Overnight AccommodationsHotel or Motel84.00------5010055----5--
    Hostel
    Residential-Commercial Service District - R-C16
    R-CSingle-Family  AttachedDuplex20.00--50--50--3525155-111420
    Twin Home18
    Townhouse17
    MultifamilyMultiplex
    Apartment
    Single-Family Detached 
    Overnight AccommodationsHotel or Motel60.00------50--3525155-111420
    Limited Commercial District - C-116
    C-1Single-Family AttachedDuplex20.00--401,85030603557.555
    Twin Home18
    Townhouse17
    MultifamilyApartment
    Overnight AccommodationsHotel or Motel
    Hostel
    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. 1.
      ZD = Zoning District
    2. 2.
      Illustrations of the different housing types are provided in Sec. 3-A-4, Residential Building Types. 
    3. 3.
      To calculate density, see Sec. 3-A-7.F, Density.
    4. 4.
      To calculate open space, see the Open Space definition in Article 7.C.
    5. 5.
      To calculate building coverage, see Sec. 3-A-7.C, Building Coverage.
    6. 6.
      Minimum lot area and lot width is calculated per dwelling unit.
    7. 7.
      To calculate maximum building height, see Sec. 3-A-7.E, Building Height.
    8. 8.
      Garages that access an alley shall be set back a minimum of five feet (5') or twenty feet (20') for head-in access from the alley.
    9. 9.
      See Subsection C, Cluster Development.
    10. 10.
      An average of nine thousand (9,000) square feet is required across each phase of development with the minimum and maximum lot areas no less or more than the small and large lots.
    11. 11.
      Existing applies to all R-1 zoned lots platted prior to the Effective Date of this UDC.
    12. 12.
      Existing applies to all R-2 zoned lots platted prior to the Effective Date of this UDC; zero-lot line not applicable.
    13. 13.
      Zero lot line dwellings may be located on or within one foot (1') of one (1) side lot line provided a minimum three-foot (3') maintenance easement is established. This development type is only permitted in subdivision platted after adoption of this UDC.
    14. 14.
      There shall be a minimum side yard setback of five feet (5') and three feet (3') shall be added to each required side yard for each story above the first story of any building.
    15. 15.
      Exceptions: Lot 1, Block 3; Lots 5 and 6, Block 6; and Lot 9, Block 10 of Winter Park Village Subdivision.
    16. 16.
      Setbacks and maximum building coverage requirements for mixed-use developments shall be based on the requirements which apply to the dominant use on the ground floor (i.e., more than fifty percent (50%) residential or nonresidential).
    17. 17.
      There is no building coverage requirement for individual townhouse lots, only for the townhouse project site. The minimum side yard setbacks are measured from the lot line of the townhouse project site and not from individual townhouse lots.  Minimum building separation shall be 5' between each townhouse group. 
    18. 18.
      There is no building coverage requirement for individual twin home lots, only for the twin home project site. The minimum side yard setbacks are measured from the lot line of the twin home project site and not from individual twin home lots. 

     Table 3-A-3

    Residential Lot and Building Standards

    ZD1

    Use Category2

    Development

    Type

    Density3
    (du/ac)
    Open Space (%)4

    Max.

    Building Coverage5 (%)

     Minimum Lot Dimensions Maximum Height7 
    (ft)
     Minimum/Maximum Setbacks(ft)
    Area6
    (sf)
    Width
    (ft)
    Depth
    (ft)
    FrontCornerSide Rear
    Mountain Estate - M-E
    M-ESingle-Family DetachedStandard1.0003043,5601502903550352050
    Cluster91.303021,7809024035251535
    Conservation1.755010,890751453020830
    Single-Family Residential - R-1
    R-1Single-Family Detached Existing 114.84--409,000751003525151020
    Standard1010,3508512030201520
    Cluster99,000107512025151025
    Conservation7,6506010025151030
    Multiple-Family Residential - R-2

    R-2

     

    Single-Family Detached

    Existing 124.84--409,000501003525155-111420
    Standard

    Zero Lot Line 13

    6.00106,00050120100/10
    Single-Family AttachedDuplex9.50107,50050100125-1114
    Twin Home189.50103,75025100125-1114
    Townhouse1720.00151,30020--155-1114
    MultifamilyMultiplex
    20.00

    15

    1,650

    --

    --
    155-1114
    Apartment155-1114
    Mixed UseLive-Work----5,00050100201530
    Multiple-Family Residential District Within Old Town - R-2-O
    R-2-OSingle-Family DetachedExisting14.52--703,000501565351515510
    Single-Family AttachedDuplex20.00--4,35650
    Twin Home1820.00--2,17825
    Townhouse1720.00--
    MultifamilyApartment20.00--
    Multiplex
    Destination Center District - D-C16 
    D-C

    Single-Family Attached 

    Duplex28.00--851,55015--55----5--
    Twin Home18
    Townhouse17
    MultifamilyApartment32.00101,500----55----5--
    Dormitory
    Multiplex
    Mixed UseLive-Work------1,20025--35----5--
    Overnight AccommodationsHotel or Motel84.00------5010055----5--
    Hostel
    Residential-Commercial Service District - R-C16
    R-CSingle-Family  AttachedDuplex20.00--50--50--3525155-111420
    Twin Home18
    Townhouse17
    MultifamilyMultiplex
    Apartment
    Single-Family Detached 
    Overnight AccommodationsHotel or Motel60.00------50--3525155-111420
    Limited Commercial District - C-116
    C-1Single-Family AttachedDuplex20.00--401,85030603557.555
    Twin Home18
    Townhouse17
    MultifamilyApartment
    Overnight AccommodationsHotel or Motel
    Hostel
    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. 1.
      ZD = Zoning District
    2. 2.
      Illustrations of the different housing types are provided in Sec. 3-A-4, Residential Building Types. 
    3. 3.
      To calculate density, see Sec. 3-A-7.F, Density.
    4. 4.
      To calculate open space, see the Open Space definition in Article 7.C.
    5. 5.
      To calculate building coverage, see Sec. 3-A-7.C, Building Coverage.
    6. 6.
      Minimum lot area and lot width is calculated per dwelling unit.
    7. 7.
      To calculate maximum building height, see Sec. 3-A-7.E, Building Height.
    8. 8.
      Garages that access an alley shall be set back a minimum of five feet (5') or twenty feet (20') for head-in access from the alley.
    9. 9.
      See Subsection C, Cluster Development.
    10. 10.
      An average of nine thousand (9,000) square feet is required across each phase of development with the minimum and maximum lot areas no less or more than the small and large lots.
    11. 11.
      Existing applies to all R-1 zoned lots platted prior to the Effective Date of this UDC.
    12. 12.
      Existing applies to all R-2 zoned lots platted prior to the Effective Date of this UDC; zero-lot line not applicable.
    13. 13.
      Zero lot line dwellings may be located on or within one foot (1') of one (1) side lot line provided a minimum three-foot (3') maintenance easement is established. This development type is only permitted in subdivision platted after adoption of this UDC.
    14. 14.
      There shall be a minimum side yard setback of five feet (5') and three feet (3') shall be added to each required side yard for each story above the first story of any building.
    15. 15.
      Exceptions: Lot 1, Block 3; Lots 5 and 6, Block 6; and Lot 9, Block 10 of Winter Park Village Subdivision.
    16. 16.
      Setbacks and maximum building coverage requirements for mixed-use developments shall be based on the requirements which apply to the dominant use on the ground floor (i.e., more than fifty percent (50%) residential or nonresidential).
    17. 17.
      There is no building coverage requirement for individual townhouse lots, only for the townhouse project site. The minimum side yard setbacks are measured from the lot line of the townhouse project site and not from individual townhouse lots.  Minimum building separation shall be 5' between each townhouse group. 
    18. 18.
      There is no building coverage requirement for individual twin home lots, only for the twin home project site. The minimum side yard setbacks are measured from the lot line of the twin home project site and not from individual twin home lots. 

     Table 3-A-3

    Residential Lot and Building Standards

    ZD1

    Use Category2

    Development

    Type

    Density3
    (du/ac)
    Open Space (%)4

    Max.

    Building Coverage5 (%)

     Minimum Lot Dimensions Maximum Height7 
    (ft)
     Minimum/Maximum Setbacks(ft)
    Area6
    (sf)
    Width
    (ft)
    Depth
    (ft)
    FrontCornerSide Rear
    Mountain Estate - M-E
    M-ESingle-Family DetachedStandard1.0003043,5601502903550352050
    Cluster91.303021,7809024035251535
    Conservation1.755010,890751453020830
    Single-Family Residential - R-1
    R-1Single-Family Detached Existing 114.84--409,000751003525151020
    Standard1010,3508512030201520
    Cluster99,000107512025151025
    Conservation7,6506010025151030
    Multiple-Family Residential - R-2

    R-2

     

    Single-Family Detached

    Existing 124.84--409,000501003525155-111420
    Standard

    Zero Lot Line 13

    6.00106,00050120100/10
    Single-Family AttachedDuplex9.50107,50050100125-1114
    Twin Home189.50103,75025100125-1114
    Townhouse1720.00151,30020--155-1114
    MultifamilyMultiplex
    20.00

    15

    1,650

    --

    --
    155-1114
    Apartment155-1114
    Mixed UseLive-Work----5,00050100201530
    Multiple-Family Residential District Within Old Town - R-2-O
    R-2-OSingle-Family DetachedExisting14.52--703,000501565351515510
    Single-Family AttachedDuplex20.00--4,35650
    Twin Home1820.00--2,17825
    Townhouse1720.00--
    MultifamilyApartment20.00--
    Multiplex
    Destination Center District - D-C16 
    D-C

    Single-Family Attached 

    Duplex28.00--851,55015--55----5--
    Twin Home18
    Townhouse17
    MultifamilyApartment32.00101,500----55----5--
    Dormitory
    Multiplex
    Mixed UseLive-Work------1,20025--35----5--
    Overnight AccommodationsHotel or Motel84.00------5010055----5--
    Hostel
    Residential-Commercial Service District - R-C16
    R-CSingle-Family  AttachedDuplex20.00--50--50--3525155-111420
    Twin Home18
    Townhouse17
    MultifamilyMultiplex
    Apartment
    Single-Family Detached 
    Overnight AccommodationsHotel or Motel60.00------50--3525155-111420
    Limited Commercial District - C-116
    C-1Single-Family AttachedDuplex20.00--401,85030603557.555
    Twin Home18
    Townhouse17
    MultifamilyApartment
    Overnight AccommodationsHotel or Motel
    Hostel
    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. 1.
      ZD = Zoning District
    2. 2.
      Illustrations of the different housing types are provided in Sec. 3-A-4, Residential Building Types. 
    3. 3.
      To calculate density, see Sec. 3-A-7.F, Density.
    4. 4.
      To calculate open space, see the Open Space definition in Article 7.C.
    5. 5.
      To calculate building coverage, see Sec. 3-A-7.C, Building Coverage.
    6. 6.
      Minimum lot area and lot width is calculated per dwelling unit.
    7. 7.
      To calculate maximum building height, see Sec. 3-A-7.E, Building Height.
    8. 8.
      Garages that access an alley shall be set back a minimum of five feet (5') or twenty feet (20') for head-in access from the alley.
    9. 9.
      See Subsection C, Cluster Development.
    10. 10.
      An average of nine thousand (9,000) square feet is required across each phase of development with the minimum and maximum lot areas no less or more than the small and large lots.
    11. 11.
      Existing applies to all R-1 zoned lots platted prior to the Effective Date of this UDC.
    12. 12.
      Existing applies to all R-2 zoned lots platted prior to the Effective Date of this UDC; zero-lot line not applicable.
    13. 13.
      Zero lot line dwellings may be located on or within one foot (1') of one (1) side lot line provided a minimum three-foot (3') maintenance easement is established. This development type is only permitted in subdivision platted after adoption of this UDC.
    14. 14.
      There shall be a minimum side yard setback of five feet (5') and three feet (3') shall be added to each required side yard for each story above the first story of any building.
    15. 15.
      Exceptions: Lot 1, Block 3; Lots 5 and 6, Block 6; and Lot 9, Block 10 of Winter Park Village Subdivision.
    16. 16.
      Setbacks and maximum building coverage requirements for mixed-use developments shall be based on the requirements which apply to the dominant use on the ground floor (i.e., more than fifty percent (50%) residential or nonresidential).
    17. 17.
      There is no building coverage requirement for individual townhouse lots, only for the townhouse project site. The minimum side yard setbacks are measured from the lot line of the townhouse project site and not from individual townhouse lots.  Minimum building separation shall be 5' between each townhouse group. 
    18. 18.
      There is no building coverage requirement for individual twin home lots, only for the twin home project site. The minimum side yard setbacks are measured from the lot line of the twin home project site and not from individual twin home lots. 
    1. C.
      Cluster Development. The lot standards in the residential districts as identified in Table 3-A-3, Residential Lot and Building Standards, provide for the clustering of lots around common open spaceThe common open space is set-aside for the preservation of resource features such as rock outcroppings, steep slopes, native landscapes, and recreation areas, as exhibited by Figure 3-A-3Cluster Development. Standards of design shall include:
      1. 1.
        Defined conservation objective or combination of objectives based on either:
        1. a.
          Providing a large common open space amenity; or
        2. b.
          Protecting site resources.
      2. 2.
        Interconnected resource areas with open space, greenways, and trail systems within the parcel proposed for development and on abutting lands where such integration is practical and does not materially compromise the value of the resource areas.
      3. 3.
        Integration of open spaces into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within and adjacent to the proposed development.
      4. 4.
        Streams and watercourses buffered by ground cover and native landscaping that extends a minimum of thirty feet (30') from the top of bank.
      5. 5.
        Lots configured to minimize the amount of roadway and driveway length. Shared driveways may be used to minimize impervious surfaces through the reduction of pavement area, which may be constructed of pervious materials, including permeable concrete or asphalt, permeable pavers, ground reinforcement grid systems, and paving strips. Gravel, recycled asphalt, and rock are not considered pervious materials.
      6. 6.
        Pedestrian access from all residential lots to the open space and conservation area(s). An access easement with a minimum width of ten feet (10') may be used to separate clusters of contiguous lots and to connect the conservation area(s) to rights-of-way.
      7. 7.
        A natural undeveloped buffer with a minimum width of fifty feet (50') along the external perimeter of the cluster development to protect natural features and retain the mountain resort character. The buffer may be included within the conservation area(s) or as an easement on individual parcels.
      8. 8.
        Conservation Areas.
        1. a.
          A proof of commitment from an entity responsible for the conservation area is required prior to plat recording. Conservation areas must be conveyed prior to recording the final plat. See Sec. 5-D-5, Final Plat.
        2. b.
          Conservation areas must be provided within each phase of a cluster development in sufficient and proportional amounts to serve the expected population of that phase.
        3. c.
          Conservation areas may include unimproved land, agricultural lands, natural landscapes, landscaped areas, improved recreation areas and buildings, as well as wetland areas and surface water.
        4. d.
          Conservation areas must be delineated on a preliminary plat and recorded with the final plat or by separate instrument.
        5. e.
          The conservation easement requirements in Sec. 4-A-8.G, Conservation Easements and Open Space, shall be met.

     Figure 3-A-3

    Cluster Development

     

    1. D.

      Alternative Land Ownership Arrangements.

      1. 1.
        Generally. The standards in Table 3-A-3, Residential Lot and Building Standards, typically relate to the development of dwellings on lots of record by fee-simple ownership. However, these standards do not preclude other ownership types, such as single-ownership of all units (rentals); condominiums (in which the land is owned in common by the owners of the condominium units); or common maintenance communities (in which fee-simple ownership is limited to the land under the building, and, in some cases, a small area around it). The above standards allow such alternative ownership arrangements provided a development may be approved pursuant to this UDC.
      2. 2.

        Demonstrated Compliance. A proposed pattern of development is allowed provided it is demonstrated that it will comply with the lot dimensions and setbacks as if it were platted with lots that meet the requirements of this Section.

    2. E.
      Bonuses. Set out in Table 3-A-3, Residential Lot and Building Standards, are the densities permitted for each district and development type. For example, in the Mountain Estate (M-E) district, there are standard, cluster, and conservation development types. These types are permitted by-right in this district. The cluster and conservation development types each provide relative increases in density proportional to increases in the minimum open space. These options provide density bonuses for the preservation of open space and protection of natural resources.
    3. F.

      Affordable Housing. Affordable housing units shall be excluded when calculating density.

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-A-4 Residential Building Types

    The following figures illustrate the different permitted residential building types.

    1. A.

     Figure 3-A-4-1

    Site Built Dwelling or Modular Home

    Figure 3-A-4-2

    Manufactured Home

     

    Figure 3-A-4-3

    Zero Lot-Line Home

     
    1. B.

    Figure 3-A-4-4

    Duplex

     

    Figure 3-A-4-5

    Townhouse

     
    1. C.
      Multifamily Dwelling Building Types.

    Figure 3-A-4-6

    Apartment

     

    Figure 3-A-4-7

    Multiplex

     

    Figure 3-A-4-8

    Assisted Living Facility

     
    1. D.
      Mixed-Use Building Types. 

    Figure 3-A-4-9

    Live-Work Unit

     

    Effective on: 6/12/2022

    Sec. 3-A-5 Nonresidential and Mixed-Use Development Types

    Set out in Table 3-A-5, Mixed-Use Lot and Building Standards, are the building standards applicable to the R-C, C-1, D-C, and O-S-F zone districts for nonresidential and mixed uses. 

    Table 3-A-5
    Nonresidential and Mixed-Use Building Standards

    Zoning District2,3

    Building Standards

     Maximum

    Minimum Setbacks (ft) 

    Height (ft)1

    Building Coverage (%)

    Front

    Side

    Corner

    Rear

    Residential-Commercial Service (R-C)

    35

    --

    5

    5

    7.5

    10

    Limited Commercial (C-1)

    35

    --

    5

    5

    7.5

    5

    Destination Center (D-C)

    55

    --

    0

    0

    0

    0

    Open Space, Forestry, Agriculture, and Recreational (O-S-F)655--25252525
    Table Notes:
    1. 1.
      To calculate maximum building height, see Sec. 3-A-7.E, Building Height.
    2. 2.
      For residential uses permitted in the zoning districts shown in this table, refer to Table 3-A-3, Residential Lot and Building Standards, for the applicable lot and building standards.
    3. 3.
      Setbacks and maximum building coverage requirements for mixed use developments shall be based on the requirements which apply to the dominant use on the ground floor (i.e., more than fifty percent (50%) residential or nonresidential).

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-A-6 Planned Development Districts

  • Purpose. The purpose of the Planned Development (“PD”) procedure is to provide an avenue for property owners with larger and more complex development projects to achieve more flexibility, creativity, and imaginative design in return for significant public benefits. To the maximum extent practicable, the PD procedure shall not be used when a special use permit, variance, or rezoning to an existing base zoning district could achieve a similar result. Finally, the regulations herein are intended to provide the developer reasonable assurance of ultimate approval prior to the expenditure of complete design costs, while providing the town with assurances that the project will retain the character envisioned at the time of concurrence. 
  • Applicability.

    1. The approval of a PD is established by applying a PD overlay to an existing zone district where no such overlay designation exists.
    2. An application to a PD district may be submitted for any contiguous area of one (1) acre or more within any combination of base zoning districts.
    3. To the extent of a conflict between this UDC and C.R.S. § 24-67-101 et seq., this UDC shall supersede.
    4. A PD district may be established as a combining district to any underlying base zoning district. Approval of a PD district shall require rezoning pursuant to Sec. 5-C-3.
  • Zone District Map. An approved PD district shall be mapped as an overlay on the Official Zoning Map. The base zoning district designations and requirements shall apply to the extent they do not conflict with a PD standard.

  • Concurrent Review. Related applications may be processed concurrently with a PD application. Each application shall individually meet all applicable standards and criteria for the relevant application.

  •  

    Effective on: 6/12/2022

    Sec. 3-A-7 Measurements, Computations, and Exceptions

  • A.
    Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. For lots with segmented (i.e., more than one) rear lot lines, measure to the point midway between where the opposite side lot lines meet the rear lot lines.
  • B.
    Lot Width.
    1. 1.
      Lot width is measured by placing a rectangle along the minimum front building setback line. Where the setback line is curved, the rectangle is placed on the line between the intersection points of the setback line with the side lot lines. The rectangle must fit entirely within the lot and must have a minimum width equal to the minimum lot width specified for the district in Sec. 3-A-3, Residential Development Standards. As an example, the rectangle must have a minimum depth of forty feet (40'), or extend to the rear lot line, whichever is less. See Figure 3-A-7-1, Measuring Lot Width, below.
    2. 2.
      In all other cases, lot width is measured along an imaginary straight line drawn at right angles to the lot depth line between the side lot lines at the point where the required front setback line intersects the lot depth line.
  • Figure  3-A-7-1

    Measuring Lot Width

     
    1. C.
      Building Coverage. Building coverage is calculated as the percent building coverage on a lot by dividing the area of a structure's footprint, measured from the outer surface of the exterior walls or support structure, and by the area of the lot. The following items shall be included as part of the calculation for building coverage:
      1. 1.
        Any structure under a roof including roof overhangs over twenty-four inches (24"); 
      2. 2.
        Uncovered and unenclosed patios, decks, landings, balconies, stairways, hot tubs, or pools; and
      3. 3.
        Impervious surfaces including driveways and sidewalks.​​​​ 
    2. D.
      Building Envelope. The setback line is a line that runs parallel to the nearest lot line at a distance inward from the prescribed setback. A continuous line connecting all setback lines defines the boundaries of the building envelope at ground level. In some cases, there is a garage setback greater than the front building setback that reduces the building envelope in order to accommodate on-site vehicle parking without intrusion into the public right-of-way. See Figure 3-A-7-2, Measuring Building Envelope, below.

    Figure 3-A-7-2

    Measuring Building Envelope

     
    1. E.
      Building Height. It is the responsibility of the property owner to design a structure that will fit the natural or existing contours of a site. No excessive fill or excavation will be permitted to create an exaggerated building site to enhance view corridors. When calculating building height in residential zone districts (M-E, R-1, R-2, R-2-O, and R-C) applicants must adhere to the following principals:
      1. 1.
        A building with flat roof shall not exceed thirty-five feet (35') when measured to the highest point of a flat roof, including parapets.
      2. 2.
        A building with a pitched or hipped roof shall not exceed thirty-five feet (35') when measured to the midpoint of the pitched or hipped roof. To properly measure midpoint building height, see Figure 3-A-7-4, Measuring Midpoint Building Height;
      3. 3.
        The highest point of a pitched or hipped roof shall not exceed forty-two feet (42'); and
      4. 4.
        On sloped building sites, structures should step up the hillside. The overall height of a terraced or stepped structure shall not exceed fifty-five feet (55') measured from the elevation of the lowest point of an exposed foundation at finished grade or preconstruction elevation whichever is greater to the midpoint building height of the highest point of a roof elevation. See Figure 3-A-7-3, Calculating Building Height.

    Figure 3-A-7-3

    Calculating Building Height (in feet)

     

     

     Figure 3-A-7-4

    Measuring Midpoint Building Height

     

     

     Figure 3-A-7-5

    Measuring Building Height - Roof Types

     
    1. F.
      Density. Density is the number of Dwelling units per acre of land (du/ac). For example, fifteen (15) Dwelling units on three (3) acres is a density of five (5) du/ac. See Figure 3-A-7-6, Measuring Gross and Net Density, below.
      1. 1.

        Gross Density. The number of Dwelling units on a parcel proposed for development, divided by the total project area, without subtracting areas devoted to open space, roadways, rights-of-way, parks, or similar public use and infrastructure areas.

      2. 2.

        Net Density. The number of Dwelling units on a parcel proposed for development, divided by the total project area not devoted to open space, roadways, rights-of-way, parks, or similar public use and infrastructure areas. Net density shall not be used to calculate overall project density.

      3. 3.

        Affordable Housing. Affordable housing shall be excluded when calculating densities. 

      4. 4.

        Density Calculation Method. Unless otherwise specified, all prescribed densities in this UDC are measured in gross density. See Sec. 1-A-5(H), Rounding. 

    Figure 3-A-7-6

    Measuring Gross and Net Density

    1. G.

      Gross Floor Area

      1. 1.

        Gross floor area (GFA) is sum of all horizontal areas of every floor of every building on a lot in square feet. GFA is measured using the following standards:

        1. a.

          Measure horizontal square footage from the outside face of all exterior walls.

        2. b.

          Include cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures as GFA wherever a minimum of seven feet (7') are provided between the finished floor and the ceiling.

        3. c.

          Include horizontal areas void of actual floor space (for example, elevator shafts and stairwells). Do not include the protected upper floors of open atriums and foyers.

      2. 2.

        Underground Floor Area. The gross floor area in stories, or portions of stories, that is underground is exempted from the GFA calculation, which is measured as follows:

        1. a.

          A story or portion of a story is considered underground if the ceiling above, or the roof surface if there is no next floor above, is at or below the abutting existing or finished grade, whichever is lower.

        2. b.

          To determine the amount of gross floor area that is underground:

          1. 1.

            Determine the elevation of the ceiling of the underground story, or the roof surface if there is no next floor above the underground story;

          2. 2.

            Determine the points along the exterior wall of the story where the ceiling elevation or roof surface elevation above intersects the existing or finished grade elevation, whichever is lower;

          3. 3.

            Draw a straight line across the story connecting the two (2) points on the exterior walls; and

          4. 4.

            The GFA in stories, or portions of stories, that is underground is the area that is at or below the straight line displayed in Figure 3-A-7-7, Underground Floor Area.

     Figure 3-A-7-7

    Underground Floor Area

     
    1. H.

      Setbacks.

      1. 1.

        Generally. Setbacks are the minimum required distances between lot lines and buildings or structures. They are generally measured as an offset from the referenced lot lines (or curves) toward the interior of the lot. Setbacks are established for the following purposes:

        1. a.
          To provide an appropriate streetscape proportional to the lot sizes allowed;
        2. b.

          To provide desirable structure separation from traffic corridors and adjoining uses;

        3. c.

          To provide structure separation required by adopted construction/building codes;

        4. d.

          To aid a community need for possible alternative (i.e., solar) energy uses;

        5. e.
          To provide for emergency access to buildings;
        6. f.
          To provide for light and air to buildings in a manner which is consistent with the character of the zone in which the buildings are located; and
        7. g.
          To support the privacy expectations of residential lot owners.
      2. 2.
        Measurements, Generally. On regularly-shaped properties, setbacks are measured as follows:
        1. a.
          Front setbacks are measured from the front lot line.
        2. b.
          Interior side setbacks are measured from side lot lines.
        3. c.
          Street side setbacks are measured from street side lot lines.
        4. d.
          Rear setbacks are measured from rear lot lines.
      3. 3.
        Adjustment of Front and Street Side Setbacks Based on Right-of-Way Width.
        1. a.
          Generally. Front and street side setback requirements are established based on a full standard right-of-way width.
        2. b.
          Substandard Right-of-Way Width. If the street right-of-way is not fully dedicated in conformance with the Standards, the required setback dimensions shall be increased to accommodate the required dedication and provide the setback from the new right-of-way line.
      4. 4.
        Exceptions to Setback Requirements. The following architectural elements and structures are not subject to the setback requirements of this UDC.
        1. a.
          Fences and walls including trellises and arbors that meet the requirements of Sec. 2-B-3-D, Fences and Walls; and
        2. b.
          Retaining walls that meet the requirements of Sec. 2-B-4(F), Retaining Walls.
      5. 5.
        Setback Limitations.
        1. a.
          No building, building element, or structure shall cross a lot line:
          1. 1.
            Into separately owned property, unless a recorded document provides for access to and maintenance of the projection;
          2. 2.
            Into public property or rights-of-way, unless a revocable encroachment permit is issued by the Town Engineer;
          3. 3.
            Into access easements;
          4. 4.
            Into conservation easements, unless the encroachment is consistent with the terms of the easement; or
          5. 5.
            Into utility easements, unless the design of the improvement and a recorded agreement allows access to the utility and allows the utility or the Town to efficiently remove the encroachment at the property owner's expense.
        2. b.
          The setback reductions that are allowed by this Section shall not be allowed if the result would be encroachment into a required bufferyard or an area that is designated for natural resource protection.
      6. 6.
        Contextual Setbacks. In any residential zoning district, the minimum front setback on any vacant lot where the front setbacks of adjacent Dwellings do not meet the required front setback for that district may be established as the mean average front setback of the two adjacent Dwellings. If there is only one adjacent existing Dwelling, then the front setback for the vacant lot may be established as the mean average of the one existing adjacent Dwelling and the required front setback for that district.
      7. 7.
        Setback Reductions. Specified structures and architectural features may encroach into required setback areas as provided in Table 3-A-7, Setback Reductions for Building Elements, Equipment, and Structures.

    Table 3-A-7
    Setback Reductions for Building Elements, Equipment, and Structures

    Architectural Element

    Yard In Which Setback Reduction is Allowed

    Amount of Setback Reduction Allowed2

    Front

    Side

    Rear

    Sills, pilasters, and chimneys

    Yes

    Yes

    Yes

    18 in.

    Cornices, eaves, and gutters

    Yes

    Yes

    Yes

    3 ft. 

    Outside stairways (open or canopied), fire escapes and balconies

    Yes

    Yes

    Yes

    5 ft.

    Unenclosed porches, decks, terraces, hot tubs, or pools without roofs

    Yes

    Yes

    Yes

    Front and side yards: 3 ft.

    Rear yard: not over one-half the distance of the required yard

    Porte-cocheres, canopies, and marquees

    Yes

    No

    No

    5 ft.

    Mechanical equipment (including, but not limited to HVAC units, venting systems, meters, etc.)1

    Yes

    Yes

    Yes

    May be located in any yard provided that the requirements of Sec. 2-B-3.E, Mechanical Equipment and Meters, are met.

    Table Notes:

    1. 1.
      Setback reduction is only applicable for land uses listed within Table 2-B-1-1, Non-Residential and Mixed Use by District.
    2. 2.
      Measured from setback line.

    (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-A-8 Design Guidelines

    The Town's Design Guidelines are:

    1. A.
      Incorporated into this UDC through Appendix A; and
    2. B.
      Provided as a policy document to alert builders, developers, and property owners to the Town's desired style of future development.

    Effective on: 6/12/2022

    Sec. 3-B-1 Purpose

  • Purpose. The purpose of this Article is to:
    1. Address the quality design of buildings and ensure that buildings are constructed of high-quality, durable materials; 
    2. Preserve and enhance the visual character of the Town; 
    3. Ensure building developments are functional, safe, and attractive; and
    4. Create a community character that conveys a positive, lasting impression on both residents and visitors.
  • Materials Not Listed. Materials that are submitted for potential approval and that are not listed as either permitted or prohibited materials in this Section may be approved if the applicant can demonstrate that the material is substantially similar in finish, color, and reflective requirements.
  • Design Guidelines. See Appendix A, Part 3, Building Design Guidelines, of the Town's Design Guidelines.
  • Effective on: 6/12/2022

    Sec. 3-B-2 Applicability

  • A.
    Applicability. The standards of this Article apply to all new development, redevelopment, substantial improvement, and expansion of residential, nonresidential, and mixed-use buildings in all districts unless a district or districts is specifically specified as being exempt from the regulation.
  • Effective on: 6/12/2022

    Sec. 3-B-3 Exterior Building Material Standards

  • A.
    Generally. This section classifies exterior building materials into two (2) separate classifications, those which are permitted and prohibited.
  • B.
    Siding Requirements. Siding shall be designed to come within six inches (6") of and be parallel to the finished grade. When building on a slope of twenty percent (20%) or greater, stone or an impervious material may be used as the step-down material that is parallel to the finished grade to ensure this requirement is met.
  • C.
    Permitted Materials. The permitted building materials used for exterior finishes must be high-quality and durable. These include:
    1. 1.
      Brick, genuine (in D-C zone district only);
    2. 2.
      Metals limited to:
      1. a.
        Oxidized metal;
      2. b.
        Weathering metal (e.g. Corten); and
      3. c.
         Non-reflective metals.
    3. 3.
      Wooden materials limited to:
      1. a.
        Vertical and horizontal board and batten;  
      2. b.
        Wooden vertical and horizontal lap siding; and
      3. c.
        Wooden shake shingle siding.
    4. 4.
      Glass;
    5. 5.
      Natural stone (i.e., river rock, fieldstone). The Commission may accept imitation stone granted it maintains the look and integrity of natural stone;
    6. 6.
      Detailed / synthetic stucco (Portland cement plaster) with three (3) coats of metal lath or wire fabric lath;
    7. 7.
      Cement board siding (only to express mass);
    8. 8.
      Board-formed concrete;
    9. 9.
      Detailed concrete; and
    10. 10.
      Concrete masonry unit (CMU) with an architectural finish.
  • D.
    Prohibited Materials. 
    1. 1.
      Exterior insulation finish system (EIFS);
    2. 2.
      Volcanic rock;
    3. 3.
      Concrete masonry unit (CMU) without an architectural finish;
    4. 4.
      Metals with reflective properties;
    5. 5.
      Raw or exposed conventional concrete foundation walls;
    6. 6.
      Plywood;
    7. 7.
      Textured plywood;
    8. 8.
      Vinyl;
    9. 9.
      Masonite;
    10. 10.
      Fiberglass;
    11. 11.
      Diagonal wooden siding;
    12. 12.
      Imitation wood applied to surface;
    13. 13.
      Imitation brick; and
    14. 14.
      Mosaic stone veneer.
  • (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-B-4 Exterior Roofing Material Standards

  • A.
    Generally. This section establishes the types of exterior roofing materials that are permitted and prohibited.
  • B.
    Permitted Materials. Building materials that are permitted as exterior roofing materials are the following:
    1. 1.
      Flat-profile slate shingles;
    2. 2.
      Flat-profile split stone shingles;
    3. 3.
      Flat-profile unglazed concrete or clay tile;
    4. 4.
      Composite/synthetic shingles emulating slate or wood;
    5. 5.
      Standing seam metal (non-reflective);
    6. 6.
      Flat seam metal (non-reflective);
    7. 7.
      Terne standing seam;
    8. 8.
      Metal shingles (non-reflective);
    9. 9.
      Asphalt flat shingles;
    10. 10.
      Solar shingles; 
    11. 11.
      Composite flat shingles; and
    12. 12.
      Tar gravel, or aggregate roofing (flat roofs only, must be screened with a parapet).
  • C.
    Prohibited Materials. Building materials that are prohibited as exterior roofing materials are the following:
    1. 1.
      Fiberglass shingles;
    2. 2.
      Wood shingles;
    3. 3.
      Rolled roofing;
    4. 4.
      Polyurethane foam; and
    5. 5.
      Profiled metal, clay, or concrete shingles with characteristics generally associated with Spanish tile.
  • Effective on: 6/12/2022

    Sec. 3-B-5 Window, Entry, and Garage Door Material Standards

    Table 3-B-5, Permitted and Prohibited Window, Entry, and Garage Door Materials, establishes the permitted and prohibited types of building materials that may be used for windows and entry and garage doors.

    Table 3-B-5

    Permitted and Prohibited Window, Entry, and Garage Door Materials

    Building Material TypePermitted MaterialsProhibited Materials
    Windows
    Finishes Stained wood; Painted wood; Aluminum; Steel; Copper; Bronze; and Zinc All other materials
    SillsStone; Metal-clad; and Vinyl-cladUnprotected materials
    SurfacesGlass (including energy-performing glass)Exterior glazing treatments; Glass block; Fiberglass windows; and Mirrored glass
    Entry and Garage Doors
    DoorsVinyl; Wood; and Painted steelFiberglass and Hardieboard

    (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-C-1 View Protection

    RESERVED 

    Effective on: 6/12/2022

    Sec. 3-C-3 Water Quality Setbacks and Vegetated Buffers

    Sec. 3-C-5 Protection of Wildlife Corridors, Ranges, and Habitat

    Reserved

    Effective on: 6/12/2022

    Sec. 3-C-6 Sustainability

    Reserved

    Effective on: 6/12/2022

    Sec. 3-D-1 Purpose

    This Article provides standards to ensure that abutting and adjacent single-use and multi-tenant buildings are coordinated in their site layouts and engineering design to result in sites and areas that are functionally efficient and contextual in their design.

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-D-2 Applicability

  • A.
    Generally. The standards in this Article apply to all development
  • B.
    Exceptions. While the plan establishes the policy framework and this UDC provides the regulatory standards to re-envision Winter Park, many properties are physically constrained or cannot meet these standards due to lot size; shape or orientation; the existence of rights-of-way or easements; and/or the scale of required investment. Therefore, in such instances, the provisions for constrained development provide means by which administrative relief may be granted to overcome the challenges or practical difficulties in redeveloping a site. Refer to Sec. 3-A-6, Flexible Development Provisions. 
  • (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-D-3 Building Orientation and Compatibility Standards

  • Residential Building Orientation. See Appendix A, Section B, Residential Building Orientation, of the Town's Design Guidelines.
  • Nonresidential Building Orientation. See Appendix A, Section C, Non-Residential Building Orientation, of the Town's Design Guidelines.
  • Compatibility. New development adjacent to existing M-E or R-1 Zone District shall: 
    1. Step down the scale, height, and density of buildings at the edges of the development. Step the building down at the ends or sides nearest the single-family unit to a height approximately equal to that of the adjacent single-family residence.

    2. Incorporate architectural elements and materials that are similar to those used in the neighborhood.

    3. Include a landscaped front yard that is similar to a single-family residence with parking areas within the interior or at the side or back of the project.

    4. Avoid the use of walls on local streets situated opposite to single-family front yards.

  •  Figure 3-D-3-1

    Mixed-Use Building Compatible with Surrounding Single-Family Residential

     
    Single-Family DwellingMixed Use Building
    1. Maximize Privacy. New residential developments, except for single-family detached dwellings, shall: 
      1. Maintain an average distance of twelve feet (12') between pedestrian paths and dwelling unit windows.
      2. Provide a minimum twelve (12)-foot separation between buildings and streets, driveways, or parking lots.
      3. Provide decorative fencing, plantings, berms or grade differences when dwellings are near public streets or open spaces.

    Effective on: 6/12/2022

    Sec. 3-E-1 Purpose

    The purpose of this Article is to:

    1. Promote the public health, safety, and general welfare of the community; 
    2. Minimize public and private losses due to flooding in specific areas by creating provisions that are designed to:
      1. Protect human life and health;
      2. Minimize expenditure of public money for costly flood control projects;
      3. Minimize the need for rescue and relief efforts associated with flooding;
      4. Minimize prolonged business interruptions;
      5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets, and bridges located in special flood hazard areas;
      6. Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future blight areas;
      7. Ensure that potential buyers are notified that their property is in a special flood hazard area; and
      8. Ensure that those who occupy special flood hazard areas assume responsibility for building in these locations.

    Effective on: 6/12/2022

    Sec. 3-E-2 Applicability

  • Generally. This Article shall apply to all special flood hazard area within the jurisdiction of the Town as reflected on the Flood Insurance Rate Map (FIRM), and areas removed from the floodplain by issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), which are on file at the Colorado Development Office within the Department of Local Affairs ("DOLA").
  • Establishment of Areas of Special Flood Hazard. The special flood hazard areas identified by FEMA in a scientific and engineering report entitled "Flood Insurance Study for The Town of Winter Park, dated January 2, 2008", with accompanying FIRM maps and any revisions thereto, are hereby adopted by reference and declared to be a part of this UDC. The flood insurance study and FIRM are on file and may be reviewed at the offices of the Colorado Development Office.
  • Compliance. No structure within a special flood hazard area shall hereafter be constructed, located, extended, or converted, nor shall any structure or land within a special flood hazard area be substantially altered, without full compliance with the terms of this Article.
  • Warning and Disclaimer of Liability.
    1. Level of Flood Protection. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes.
    2. Lack of Guarantee. This Article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.
    3. Disclaimer. This Article shall not create liability on the part of the Town, any officer or employee thereof, FEMA, or any other governmental agency for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.
  • Methods of Reducing Flood Losses. In order to accomplish its purposes, this Article includes methods and provisions for:
    1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; and
    2. Requiring that uses that are vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
    3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters;
    4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
    5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters, which may increase flood waters, or which may increase flood hazards in other areas.
  • Establishment of Floodplain Development Permit. A floodplain development permit shall be required to ensure conformance with the provisions of this Article. See Sec. 5-E-7, Floodplain Development Permit.
  • Effective on: 6/12/2022

    Sec. 3-E-3 Findings of Fact

  • Periodic Inundation. The flood hazard areas of the Town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.
  • Floodplain Obstructions. These flood losses are caused by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage.
  • Effective on: 6/12/2022

    Sec. 3-E-4 Subdivision Standards

  • General Standards. All proposals for the development of subdivisions including without limitation the placement of manufactured home parks and subdivisions shall:
    1. Meet development permit requirements of Sec. 5-E-7, Floodplain Development Permit;
    2. Have adequate drainage provided to reduce exposure to flood hazards; and
    3. Locate and construct public utilities and facilities such as sewer, gas, electrical and water systems so as to minimize or eliminate flood damage.
  • BFE Data. BFE data shall be generated for subdivision proposals and other proposed development including without limitation the placement of manufactured home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is less.
  • Effective on: 6/12/2022

    Sec. 3-E-5 Standards for New Construction and Substantial Improvements

  • General Standards. All new construction or substantial improvements in special flood hazard areas shall be:
    1. Designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
    2. Constructed by methods and practices that minimize flood damage;
    3. Constructed with materials resistant to flood damage;
    4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
  • Required Approvals. New construction or to buildings or other structures, except a flood control dam or irrigation structure, shall not be constructed in special flood hazard areas until the plans for such building or structure are first approved by the Town Engineer and the following special conditions within the special flood hazard area are adhered to substantial improvements.
    1. Approved Buildings or Structures. Any building or structure which is approved shall:
      1. Be located so as to offer minimum obstruction to the flow of floodwater; and
      2. Not cause lands outside of the natural flood channel to be flooded.
    2. Wetland Construction. No buildings shall be constructed within a wetland, unless approved and permitted by the U.S. Army Corps of Engineers and Town Council.
    3. Water Quality Setbacks. Water quality setbacks from streams, wetlands, or watercourses shall be a minimum of thirty feet (30'), measured from the approximate high water mark of the stream or watercourse embankment, unless otherwise approved by the Town Engineer.
  • Water Supply Systems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
  • Sanitary Sewage Systems.
    1. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
    2. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
  • Base Flood Elevation (BFE) Requirements. In all special flood hazard areas where base flood elevation data is required the following provisions are required:
    1. Residential Construction.
      1. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the BFE.
      2. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that is in conformance with the application requirements of Sec. 5-E-7, Floodplain Development Permit.
    2. Nonresidential Construction
      1. Requirements. New construction and substantial improvement of any nonresidential structure shall:
        1. Have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities;
        2. Be designed:
          1. So that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and
          2. With structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      2. Review and Certification. A registered professional engineer or architect shall:
        1. Certify that the design and methods of construction are in accordance with this UDC. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Director.
        2. Develop and/or review structural design, specifications, and plans for the construction.
    3. Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
      1. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
      2. The bottom of all openings shall be no higher than one foot (1') above grade.
      3. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
    4. Manufactured Homes.
      1. Manufactured homes to be placed within zone A on a community's Flood Hazard Boundary Map (FHBM) or FIRM and shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include without limitation use of over the top, or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
      2. Manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites that are outside of a manufactured home park or a manufactured home subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or manufactured home subdivision on which a manufactured home has incurred substantial damage as a result of a flood shall be:
        1. Elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation; and
        2. Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      3. Manufactured homes placed or substantially improved on sites in an existing manufactured home park or manufactured home subdivision within zones A1-30, AH, and AE on the community's FIRM that are not subject to the provisions of this Subsection shall be elevated so that either:
        1. The lowest floor of the manufactured home is at or above the base flood elevation, or
        2. The manufactured home chassis is supported by reinforced piers or other foundation elements of a minimum of equivalent strength that are no less than thirty-six inches (36") in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
  • Effective on: 6/12/2022

    Sec. 3-E-6 Standards for Areas of Shallow Flooding (AO/AH Zones)

  • Generally. Located within the special flood hazard areas are locations designated as shallow flooding. These special flood hazard areas are associated with base flood depths of one to three feet (1'-3') where a clearly designed channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 
  • Nonresidential Structures. All new construction and substantial improvements of nonresidential structures shall:
    1. Have the lowest floor (including basement) elevated above the highest adjacent grade a minimum of as high as the depth number specified in feet on the applicable FIRM (a minimum of two feet (2')) if no depth number is specified); or
    2. Together with attendant utility and sanitary facilities, be designed so that below the base flood level of the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads or effects of buoyancy.
  • Drainage Paths. Adequate drainage paths around structures on slopes are required to be installed within the AO and AH zones to guide floodwaters around and away from proposed structures.
  • Certification of Standards. A registered professional engineer or architect shall submit certification to the Floodplain Administrator that the standards of this Article are satisfied. See Sec. 5-E-7, Floodplain Development Permit
  • Effective on: 6/12/2022

    Sec. 3-E-7 Floodways

  • Designated Floodways. Floodways located within special flood hazard areas established in Sec. 3-E-2.B, Establishment of Areas of Special Flood Hazard are areas designated as floodways. Because the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following standards shall apply:
    1. Prohibited Encroachments. Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless an exemption is permitted.
    2.  Exemptions to Prohibited Encroachments. An encroachment may be permitted if it is: 
      1. ​​​​​Demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
      2. Permitted under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations that permits a community to permit encroachments within the adopted regulatory floodways that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. 
  • Undesignated Floodways. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.
  • Effective on: 6/12/2022

    Sec. 3-F-1 Purpose

  • The purpose of this Article is to implement the erosion and sediment control regulations promulgated by:
    1. Clean Water Act of 1972 (Point and Non-point source pollution);
    2. Phase I implemented in 1990 for construction site stormwater discharge (five (5)-acres or more of disturbance);
    3. Phase II implemented in 2003 for construction site stormwater discharge (one (1)-acre or more of disturbance);
    4. EPA-granted authority to the State of Colorado to enforce the Clean Water Act;
    5. The Colorado Water Quality Control Act that issues and enforces National Pollutant and Discharge Elimination System (NPDES) permits, renamed to CDPS (Colorado Discharge Permitting System). 
  • These laws and standards are to be applied during construction to control and limit soil erosion.
  • Effective on: 6/12/2022

    Sec. 3-F-2 Applicability

  • Generally. Notwithstanding any other provision of this UDC, compliance with the provisions of this Section shall be required of all land development activities. 
  • Permit Required. A permit is required through the CDPHE Water Quality Control Division – Stormwater Program CDPS General Permit. The permit is for construction activities disturbing one (1) acre or more, or part of a larger common plan of development. These activities include clearing, grubbing, grading, excavating and stockpiling. The permit must be submitted prior to the start of earth disturbing activities.
  • Effective on: 6/12/2022

    Sec. 3-F-3 Erosion Control

  • Objectives. In order to comply with the Comprehensive Plan, any application shall not cause erosion problems and, to that end, the design and operation of a project proposed for development shall ensure:
    1. That any development is designed and executed in a manner which will minimize disturbance of natural vegetation and soil cover;
    2. That development proposals include adequate provision and guarantee for revegetation and for soil stabilization during and after development of the site;
    3. That all cuts and fills are adequately designed and engineered and vegetated to control erosion as well as stability of the entire mass;
    4. That development plans include adequate provision for protection of vegetation from fire;
    5. That natural drainage patterns are preserved and protected from increased water flows which could alter such patterns or subject existing channels and adjacent areas to increased erosion;
    6. That natural vegetation and soil cover are preserved within the thirty-foot (30') water quality setback from rivers, streams, lakes and reservoirs; and
    7. That the specific erosion control criteria within the Standards are met.
  • General Requirements.
    1. No person shall be granted a site development permit for land disturbing activity that would require the uncovering of ten thousand (10,000) or more square feet without the approval of an Erosion and Sediment Control Plan.
    2. No site development permit is required for the following activities:
      1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or
      2. An existing nursery.
  • Design Requirements.
    1. Grading, erosion control practices, sediment control practices, and waterway and watercourse crossings shall meet the design criteria set forth in the most recent version of the Grand County Erosion and Sediment Control for Construction Activities Handbook, as applicable, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Director of Public Works. Cut and fill slopes shall be no greater than two to one (2:1), except as approved to meet other community or environmental objectives.
    2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other regulations, requirements, and standards of the Town. Clearing techniques that retain natural vegetation and drainage patterns shall be used to the satisfaction of the Director of Public Works.
    3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
    4. Phasing shall be required on all sites disturbing greater than ten (10) acres, with the size of each phase to be established at plan review and as approved by the Director of Public Works.
    5. Erosion control requirements shall include:
      1. Soil stabilization that shall be completed within five (5) days of clearing or inactivity in construction.
      2. If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or when the Director of Public Works may require the site to be reseeded or a nonvegetative option employed.
      3. Special techniques that meet acceptable engineering standards on steep slopes or in drainage ways shall be used to ensure stabilization.
      4. Soil stockpiles must be stabilized or covered at the end of each workday.
      5. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
      6. Techniques shall be employed to prevent the blowing of dust or sediment from the site.
      7. Techniques that divert upland runoff past disturbed slopes shall be employed.
    6. Sediment controls requirements shall include:
      1. Settling basins, sediment traps, or tanks and perimeter controls.
      2. Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, if required by the Director of Public Works.
      3. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
    7. Waterway and watercourse protection requirements shall include:
      1. A temporary stream crossing installed and approved by the Director of Public Works if a wet watercourse will be crossed regularly during construction.
      2. Stabilization of the watercourse channel before, during, and after any in-channel work.
      3. All on-site stormwater conveyance channels designed according to acceptable engineering standards.
      4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
    8. Construction site access requirements shall include:
      1. A temporary access road provided at all sites.
      2. Other measures required by the Director of Public Works to ensure that sediment is not tracked onto public rights-of-way by construction vehicles or washed into storm drains.
  • Submittal Requirements. See Sec. 5-E-1.F, Submittal Requirements
  • Effective on: 6/12/2022

    Sec. 3-G-1 Purpose

    The purpose of this Article is to protect and encourage the protection and retention of existing trees to the maximum extent practicable in all new development, redevelopment, and substantial improvement projects. The Town Council finds that trees provide important environmental, aesthetic and health benefits to the residents and guests of the Town which extend beyond the boundaries of the property upon which trees may grow. The Council further finds that trees enhance the real estate values of property upon which trees grow and neighboring properties. Large trees are a resource which cannot be fully replaced if injured, damaged or removed. Property development and construction activities can result in injury or loss of valuable trees in the Town. It is the intent of this Article to preserve to the fullest extent possible existing trees considered desirable by the Director

    Effective on: 6/12/2022

    Sec. 3-G-2 Applicability

    This Article applies to the removal and protection of all trees within nonresidential, mixed-use, and common open space areas of new residential development.

    Effective on: 6/12/2022

    Sec. 3-G-3 Tree Removal and Protection

  • Generally. There shall be no grading, excavation or clearing of trees prior to receiving written approval from the Director.
  • Development. Trees may be removed from a parcel proposed for development if it is demonstrated that there is no reasonable alternative site design at the same density and intensity that could be approved. 
    1. Protected Individual Trees. The following trees are protected and shall be preserved and maintained according to the following standards:
      1. For trees over four inches (4") in caliper, the protected root zone shall extend to the drip line of the selected tree.
      2. Any tree that is shown on an approved landscape plan that is necessary to meet:
        1. The planting requirements of this UDC; or
        2. A condition of approval of the development to which the landscape plan applies.
    2. Protected Root Zone (Dripline) Requirements.
      1. The dripline is the cylinder extending from grade level down to a depth of ten feet (10') below grade, having a radius equal to the length of the longest branch of the tree, with the center of the cylinder located at the center of the tree trunk. This dripline shall be barricaded during construction to prevent damage to the trees and their roots by construction equipment or soil compaction. The barricades shall be posted "Off Limits."
      2. No cutting or filling, storage of building materials or debris, or disposal of wastes shall take place within the dripline of any protected tree.
      3. No impervious paving shall be placed within the dripline of any protected tree.
    3. Protection During Construction. All existing trees and vegetation outside of the site specific construction area should be protected and fenced properly during construction. 
    4. Protection of Stands of Trees. Development shall be designed so that existing stands of native trees are preserved in designated open spaces, whenever practicable. In general, alternative development options are available to facilitate such designs.
    5. Clear Cutting. Clear cutting trees and vegetation to create view corridors is prohibited.
    6. USDA Forest Service Lands. USDA forest service lands within the Town's boundary are exempt from these tree removal regulations.

    Effective on: 6/12/2022

    Sec. 3-H-1 Purpose

  • A.
    Generally. The purpose of this Article is to ensure that:
    1. 1.
      Adequate off-street motor vehicle and bicycle parking is provided for uses that are permitted by this UDC;
    2. 2.
      Sufficient motor vehicle parking is provided in nonresidential areas that are near residential neighborhoods such that the character and quality of life in the residential neighborhoods are protected from excessive overflow parking;
    3. 3.
      The sharing of off-street parking spaces among uses that have different peak parking demands allows for a reduction in the number of parking spaces that are required to serve mixed-use development;
    4. 4.
      Adequate loading areas and (where appropriate) stacking areas are provided that do not interfere with the function of adjacent streets and on-site vehicular use areas; and
    5. 5.
      Sites that are used for infill, adaptive re-use, or redevelopment have flexibility and multiple alternatives for compliance with this Article, such that investments in upgrades to real property are promoted.
  • B.
    Districts. This Article groups different zoning districts together to apply parking requirements. This is necessary because certain areas of the Town generate more automobile trips than other areas, and therefore, have different parking demands.
  • C.
    Parking Reductions. In addition to establishing parking requirements that provide for convenience, neighborhood protection, and mobility, this Article provides several ways to reduce the number of parking spaces that are required for development, in order to promote the efficient use of land and reduce paved locations.
  • D.
    Residents and Visitors with Disabilities. This Article ensures that appropriate parking areas and accessible routes will be provided for disabled persons when parking lots or structures are developed, expanded, or reconfigured.
  • Effective on: 6/12/2022

    Sec. 3-H-2 Applicability

  • A.
     Calculation of Parking and Loading Spaces.
    1. 1.
      The number of parking and loading spaces required for a new development or a change in land use is shown in Sec. 3-H-3Required Parking.
    2. 2.
      Sec. 3-H-4, Parking Reductions and Alternative Parking Plan sets out the permissible reductions to the general requirements of Sec. 3-H-3Required Parking.
  • B.
    Design of Parking and Loading Areas. The size and configuration of parking and loading spaces shall be as set out in Sec. 3-H-5, Parking Design Standards and Sec. 3-H-6, Off-Street Loading.
  • C.
    Stacking Spaces. Stacking spaces (spaces for cars that are waiting for drive-up or drive-through services) are required for drive-up and drive-through uses as provided in Sec. 3-H-7, Vehicle Stacking Requirements.
  • D.
    Surfacing, Use, and Maintenance of Parking and Loading Areas. Standards for the surfacing, use, and maintenance of parking and loading areas are set out in Sec. 3-H-8, Access Management and Maintenance.
  • (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-H-3 Required Parking

  • A.
    Generally. Table 3-H-3-1, Residential and Agricultural Parking Requirements and Table 3-H-3-2, Non-Residential and Mixed-Use Parking Requirements, sets out the number of parking spaces that are required for each land use that is listed in Sec. 2-B-1, Use Tables that is designated as either a permitted or limited land use. The number of parking spaces is based on one (1) or more independent variables, which are measured as provided in this Section. 
  • B.
    Independent Variables. The independent variables for parking calculations are measured as follows:
    1. 1.
      Per sf. GFA. The phrase "per sf. GFA" means that the number of parking spaces is calculated based on the number of square feet of gross floor area of usable space, as calculated using the methodology in Subsection 3-A-7.G, Gross Floor Area, as it relates to "gross floor area (parking)."
    2. 2.
      Per Dwelling Unit. The phrase "per dwelling unit" means that the number of parking spaces is calculated based on the number of Dwelling units.
    3. 3.
      Per Bedroom. The phrase "per bedroom" means that the number of parking spaces is calculated based on the number of Bedrooms.
    4. 4.
      Per Bed. The phrase "per bed" means that the number of parking spaces is based on the number of beds in the facility instead of the number of sleeping rooms or some other measure. Per bed calculations are normally applied to uses that offer residential care or overnight accommodations with shared rooms.
    5. 5.
      Per Employee. The phrase "per employee" means that the number of parking spaces is based on the number of employees (full-time and part-time equivalent) on the maximum shift, that is, the work shift in which the maximum number of employees are present.
    6. 6.
      Per Seat / Per Seat Design Capacity. The phrase "per seat" means that the number of parking spaces is based on the number of seats that are provided to guests (patrons, members, etc.).
    7. 7.
      Per Person Design Capacity. The phrase "per person design capacity" means that the number of parking spaces is based on the maximum number of people who may occupy the use pursuant to applicable fire code standards.
    8. 8.
      Per Stall. The phrase "per stall" means the number of enclosures typically designed to house one (1) horse.
    9. 9.
      Others. Other independent variables are measured according to their common meanings.
  • C.
    Rounding. See Sec. 1-A-5(H), Rounding. 
  • D.
    Parking Reductions. Generally, the total number of required parking spaces is equal to the sum of the required amount of parking for each use. However, parking requirements may be reduced according to the methodology of Sec. 3-H-4, Parking Reductions and Alternative Parking Plan.
  • E.
    Residential and Agricultural Parking Requirements. The required off-street parking for residential and agricultural uses are set out in Table 3-H-3-1, Residential and Agricultural Parking Requirements.
  • Table 3-H-3-1

    Residential and Agricultural Parking Requirements

     Use Category Land UseMinimum Parking Required 
    Residential
    Single-Family
    Detached Dwelling
     Site Built Dwelling or Modular Home 2 spaces1
     Manufactured Home or Manufactured Home Park 2 spaces1
     Zero Lot Line Home 2 spaces1
    Single-Family
    Attached Dwelling
    Duplex 2 spaces per dwelling unit1 
     Townhouse

    1 space per studio unit

    1 space per 1 bedroom unit

    2 spaces per 2 bedroom or more unit 

    MultifamilyApartment 

    1 space per studio unit

    1 space per 1 bedroom unit

    1.5 spaces per 2 bedroom unit

    2 spaces per 3 bedroom or more unit

      plus 1 space per 10 units (of any size) for guest parking in D-C, R-C, C-1
    Multiplex 

    1 space per studio unit

    1 space per 1 bedroom unit

    1.5 spaces per 2 bedroom unit

    2 spaces per 3 bedroom or more unit

    Assisted Living Facility 

    1 space per studio unit

    1 space per 1 bedroom unit

    1.5 spaces per 2 bedroom unit

    2 spaces per 3 bedroom or more unit

     Mixed Use Live-Work Unit1 space for dwelling unit; plus spaces as required by this table for the nonresidential use 
     Residential Accessory UsesAccessory Dwelling Unit1 1 space for the accessory dwelling unit1 
    On-Site Employee Housing 1 space per dwelling unit 
    Overnight AccommodationsBed and Breakfast 1 space; plus 1 space per guest room 
    Campground with Overnight Accommodations or Recreation Vehicle Park 1 space per camp site, located at the camp site, plus 3 spaces per 50 camp sites, located within close proximity of campground amenities (for amphitheaters and outdoor performing arts facilities, 1 space per 3 seats) 
    Hostel 0.5 spaces per bed 
     Hotel or Motel0.75 space per guest room + 1 space per 300 sf. of meeting rooms, ballrooms, and administrative offices + 1 space per 100 sf. of integrated restaurants and bars that are open to the public (if applicable) 
     Short-Term RentalRefer to required parking regulations above 
    Agricultural
    AgriculturalNursery (Retail)None
    Stable (Public)1 per stall
    Non-Residential Accessory UsesFarm Stand3 per stand

    Table Notes:

    1. Parking spaces required for Accessory Dwelling Units shall be in addition to the minimum number of parking spaces required for the principal use on the same lot.

    1. F.
      Nonresidential and Mixed-Use Parking Requirements. The required off-street parking for nonresidential and mixed-uses are set out in Table 3-H-3-2, Non-Residential and Mixed-Use Parking Requirements.

     Table 3-H-3-2

    Non-Residential and Mixed-Use Parking Requirements

     Use Category

    Subtype

    Required Parking

    Commercial, Civic, and Institutional

    Automotive Sales and Services

    Convenience Store and Gasoline Station

    1 space per 375 sf. GFA of convenience store or payment kiosk

    Vehicle Parts Sales, Rental, and Leasing

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Vehicle Service

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Civic and Institutional

    Adult Daycare

    1 space per employee on maximum shift

    Art Gallery and Studio

    1 per 200 sf. of GFA

    Cemetery

    5 spaces per acre of grave sites (may be provided "on-street" within cemetery grounds)

    Clinic, Medical Lab, or Urgent Care

    1 space per 500 sf. GFA

    Club or Lodge

    1 space per 125 sf. of floor area

    College, University, or Vocational School

    1 space per 75 sf. general classroom space

    Daycare Facility

    1 space per employee on maximum shift plus 1 space per 5 students of determined maximum occupancy

    Funeral Home

    1 space per 4 seats design capacity

    Hospital

    1 space per bed for in-patient facilities; 1 space per examining/operating room for out-patient facilities; plus requirements for other uses (e.g. assembly, office, retail, etc.)

    Library

    1 per 300 sf. of GFA

    Museum

    1 per 300 sf. of GFA

    Passenger Terminal

    1 space per 400 sf. of GFA

    Place of Public Assembly

    One space for every four seats if fixed seating or one space for each 50 sf. of GFA or room area.

    Public Service Facility

    1 space per employee of maximum shift + 1 stall per 1,000 square feet.

    School, Primary or Secondary

    2 per classroom plus 1 per employee + 1 per 5 students

    Commercial and Service

    Adult Entertainment Business

    1 per 200 sf. of GFA

    Bank / Credit Union

    1 space per 300 sf. of GFA

    Bar / Tavern

    1 space per 150 sf. of customer access area

    Brewing/Distillery/Winery Production with On-Premise Consumption

    1 space per 75 sf. of customer access area plus 1 space per 300 sf. of other floor area

    Farmer's Market

    1 space per 1,000 sf. of area used for sales

    Kennel

    1 space per 500 sf. GFA

    Office (Professional and Medical)

    1 space per 500 sf. GFA

    Personal Services

    1 space per 400 sf. GFA

    Restaurant

    1 space per 150 sf. of customer access area

    Retail Sales

    1 space per 500 sf. of GFA

    Veterinary Services, Small Animal

    1 space per 300 sf. GFA

    Commercial Amusement, Indoor

    Bowling Alley

    3 spaces per lane; plus 75 percent of sum of required parking for incorporated uses, as applicable (e.g., alcoholic beverage sales, on-premises consumption; restaurant, no drive-in or drive-through; arcade/game room; and/or pool/billiard room)

    Dance Club / Dance Hall

    1 space per 75 sf. GFA

    Health and Fitness Center

    1 space per 500 sf. of GFA

    Indoor Stadium, Movie Theater, or Live Theater

    1 space per 5 seats; or if no seats, 1 space per 200 sf. GFA

    All Uses Not Listed

    1 space per 400 sf. of GFA

    Commercial Amusement, Outdoor

    Alpine and Nordic Ski Facilities

    Special Study Required

    Ice Skating Rinks

    Special Study Required

    Amphitheater

    1 per 6 seats or 1 per 30 sf. of seating area if no permanent seats

    All Other Uses Not Listed

    Special Study Required

    Nonresidential and Mixed-Use Accessory Use

    Garden Center

    None

    Outdoor Display & Sales

    3 spaces per 1,000 sf. of sales floor area

    Storage and Utility

    Storage

    Bus Storage

    One bus storage space per each bus stored on the site

    General Utility

    Utility, Major

    1 space per employee on largest shift

    Telecommunication

    Wireless Telecommunication Facility

    1 space per tower

    Table Notes: N/A

     Table 3-H-3-2

    Non-Residential and Mixed-Use Parking Requirements

     Use Category

    Subtype

    Required Parking

    Commercial, Civic, and Institutional

    Automotive Sales and Services

    Convenience Store and Gasoline Station

    1 space per 375 sf. GFA of convenience store or payment kiosk

    Vehicle Parts Sales, Rental, and Leasing

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Vehicle Service

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Civic and Institutional

    Adult Daycare

    1 space per employee on maximum shift

    Art Gallery and Studio

    1 per 200 sf. of GFA

    Cemetery

    5 spaces per acre of grave sites (may be provided "on-street" within cemetery grounds)

    Clinic, Medical Lab, or Urgent Care

    1 space per 500 sf. GFA

    Club or Lodge

    1 space per 125 sf. of floor area

    College, University, or Vocational School

    1 space per 75 sf. general classroom space

    Daycare Facility

    1 space per employee on maximum shift plus 1 space per 5 students of determined maximum occupancy

    Funeral Home

    1 space per 4 seats design capacity

    Hospital

    1 space per bed for in-patient facilities; 1 space per examining/operating room for out-patient facilities; plus requirements for other uses (e.g. assembly, office, retail, etc.)

    Library

    1 per 300 sf. of GFA

    Museum

    1 per 300 sf. of GFA

    Passenger Terminal

    1 space per 400 sf. of GFA

    Place of Public Assembly

    One space for every four seats if fixed seating or one space for each 50 sf. of GFA or room area.

    Public Service Facility

    1 space per employee of maximum shift + 1 stall per 1,000 square feet.

    School, Primary or Secondary

    2 per classroom plus 1 per employee + 1 per 5 students

    Commercial and Service

    Adult Entertainment Business

    1 per 200 sf. of GFA

    Bank / Credit Union

    1 space per 300 sf. of GFA

    Bar / Tavern

    1 space per 150 sf. of customer access area

    Brewing/Distillery/Winery Production with On-Premise Consumption

    1 space per 75 sf. of customer access area plus 1 space per 300 sf. of other floor area

    Farmer's Market

    1 space per 1,000 sf. of area used for sales

    Kennel

    1 space per 500 sf. GFA

    Office (Professional and Medical)

    1 space per 500 sf. GFA

    Personal Services

    1 space per 400 sf. GFA

    Restaurant

    1 space per 150 sf. of customer access area

    Retail Sales

    1 space per 500 sf. of GFA

    Veterinary Services, Small Animal

    1 space per 300 sf. GFA

    Commercial Amusement, Indoor

    Bowling Alley

    3 spaces per lane; plus 75 percent of sum of required parking for incorporated uses, as applicable (e.g., alcoholic beverage sales, on-premises consumption; restaurant, no drive-in or drive-through; arcade/game room; and/or pool/billiard room)

    Dance Club / Dance Hall

    1 space per 75 sf. GFA

    Health and Fitness Center

    1 space per 500 sf. of GFA

    Indoor Stadium, Movie Theater, or Live Theater

    1 space per 5 seats; or if no seats, 1 space per 200 sf. GFA

    All Uses Not Listed

    1 space per 400 sf. of GFA

    Commercial Amusement, Outdoor

    Alpine and Nordic Ski Facilities

    Special Study Required

    Ice Skating Rinks

    Special Study Required

    Amphitheater

    1 per 6 seats or 1 per 30 sf. of seating area if no permanent seats

    All Other Uses Not Listed

    Special Study Required

    Nonresidential and Mixed-Use Accessory Use

    Garden Center

    None

    Outdoor Display & Sales

    3 spaces per 1,000 sf. of sales floor area

    Storage and Utility

    Storage

    Bus Storage

    One bus storage space per each bus stored on the site

    General Utility

    Utility, Major

    1 space per employee on largest shift

    Telecommunication

    Wireless Telecommunication Facility

    1 space per tower

    Table Notes: N/A

     Table 3-H-3-2

    Non-Residential and Mixed-Use Parking Requirements

     Use Category

    Subtype

    Required Parking

    Commercial, Civic, and Institutional

    Automotive Sales and Services

    Convenience Store and Gasoline Station

    1 space per 375 sf. GFA of convenience store or payment kiosk

    Vehicle Parts Sales, Rental, and Leasing

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Vehicle Service

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Civic and Institutional

    Adult Daycare

    1 space per employee on maximum shift

    Art Gallery and Studio

    1 per 200 sf. of GFA

    Cemetery

    5 spaces per acre of grave sites (may be provided "on-street" within cemetery grounds)

    Clinic, Medical Lab, or Urgent Care

    1 space per 500 sf. GFA

    Club or Lodge

    1 space per 125 sf. of floor area

    College, University, or Vocational School

    1 space per 75 sf. general classroom space

    Daycare Facility

    1 space per employee on maximum shift plus 1 space per 5 students of determined maximum occupancy

    Funeral Home

    1 space per 4 seats design capacity

    Hospital

    1 space per bed for in-patient facilities; 1 space per examining/operating room for out-patient facilities; plus requirements for other uses (e.g. assembly, office, retail, etc.)

    Library

    1 per 300 sf. of GFA

    Museum

    1 per 300 sf. of GFA

    Passenger Terminal

    1 space per 400 sf. of GFA

    Place of Public Assembly

    One space for every four seats if fixed seating or one space for each 50 sf. of GFA or room area.

    Public Service Facility

    1 space per employee of maximum shift + 1 stall per 1,000 square feet.

    School, Primary or Secondary

    2 per classroom plus 1 per employee + 1 per 5 students

    Commercial and Service

    Adult Entertainment Business

    1 per 200 sf. of GFA

    Bank / Credit Union

    1 space per 300 sf. of GFA

    Bar / Tavern

    1 space per 150 sf. of customer access area

    Brewing/Distillery/Winery Production with On-Premise Consumption

    1 space per 75 sf. of customer access area plus 1 space per 300 sf. of other floor area

    Farmer's Market

    1 space per 1,000 sf. of area used for sales

    Kennel

    1 space per 500 sf. GFA

    Office (Professional and Medical)

    1 space per 500 sf. GFA

    Personal Services

    1 space per 400 sf. GFA

    Restaurant

    1 space per 150 sf. of customer access area

    Retail Sales

    1 space per 500 sf. of GFA

    Veterinary Services, Small Animal

    1 space per 300 sf. GFA

    Commercial Amusement, Indoor

    Bowling Alley

    3 spaces per lane; plus 75 percent of sum of required parking for incorporated uses, as applicable (e.g., alcoholic beverage sales, on-premises consumption; restaurant, no drive-in or drive-through; arcade/game room; and/or pool/billiard room)

    Dance Club / Dance Hall

    1 space per 75 sf. GFA

    Health and Fitness Center

    1 space per 500 sf. of GFA

    Indoor Stadium, Movie Theater, or Live Theater

    1 space per 5 seats; or if no seats, 1 space per 200 sf. GFA

    All Uses Not Listed

    1 space per 400 sf. of GFA

    Commercial Amusement, Outdoor

    Alpine and Nordic Ski Facilities

    Special Study Required

    Ice Skating Rinks

    Special Study Required

    Amphitheater

    1 per 6 seats or 1 per 30 sf. of seating area if no permanent seats

    All Other Uses Not Listed

    Special Study Required

    Nonresidential and Mixed-Use Accessory Use

    Garden Center

    None

    Outdoor Display & Sales

    3 spaces per 1,000 sf. of sales floor area

    Storage and Utility

    Storage

    Bus Storage

    One bus storage space per each bus stored on the site

    General Utility

    Utility, Major

    1 space per employee on largest shift

    Telecommunication

    Wireless Telecommunication Facility

    1 space per tower

    Table Notes: N/A

     Table 3-H-3-2

    Non-Residential and Mixed-Use Parking Requirements

     Use Category

    Subtype

    Required Parking

    Commercial, Civic, and Institutional

    Automotive Sales and Services

    Convenience Store and Gasoline Station

    1 space per 375 sf. GFA of convenience store or payment kiosk

    Vehicle Parts Sales, Rental, and Leasing

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Vehicle Service

    1 space per 500 sf. GFA; plus 1 space per 10,000 sf. outdoor storage area

    Civic and Institutional

    Adult Daycare

    1 space per employee on maximum shift

    Art Gallery and Studio

    1 per 200 sf. of GFA

    Cemetery

    5 spaces per acre of grave sites (may be provided "on-street" within cemetery grounds)

    Clinic, Medical Lab, or Urgent Care

    1 space per 500 sf. GFA

    Club or Lodge

    1 space per 125 sf. of floor area

    College, University, or Vocational School

    1 space per 75 sf. general classroom space

    Daycare Facility

    1 space per employee on maximum shift plus 1 space per 5 students of determined maximum occupancy

    Funeral Home

    1 space per 4 seats design capacity

    Hospital

    1 space per bed for in-patient facilities; 1 space per examining/operating room for out-patient facilities; plus requirements for other uses (e.g. assembly, office, retail, etc.)

    Library

    1 per 300 sf. of GFA

    Museum

    1 per 300 sf. of GFA

    Passenger Terminal

    1 space per 400 sf. of GFA

    Place of Public Assembly

    One space for every four seats if fixed seating or one space for each 50 sf. of GFA or room area.

    Public Service Facility

    1 space per employee of maximum shift + 1 stall per 1,000 square feet.

    School, Primary or Secondary

    2 per classroom plus 1 per employee + 1 per 5 students

    Commercial and Service

    Adult Entertainment Business

    1 per 200 sf. of GFA

    Bank / Credit Union

    1 space per 300 sf. of GFA

    Bar / Tavern

    1 space per 150 sf. of customer access area

    Brewing/Distillery/Winery Production with On-Premise Consumption

    1 space per 75 sf. of customer access area plus 1 space per 300 sf. of other floor area

    Farmer's Market

    1 space per 1,000 sf. of area used for sales

    Kennel

    1 space per 500 sf. GFA

    Office (Professional and Medical)

    1 space per 500 sf. GFA

    Personal Services

    1 space per 400 sf. GFA

    Restaurant

    1 space per 150 sf. of customer access area

    Retail Sales

    1 space per 500 sf. of GFA

    Veterinary Services, Small Animal

    1 space per 300 sf. GFA

    Commercial Amusement, Indoor

    Bowling Alley

    3 spaces per lane; plus 75 percent of sum of required parking for incorporated uses, as applicable (e.g., alcoholic beverage sales, on-premises consumption; restaurant, no drive-in or drive-through; arcade/game room; and/or pool/billiard room)

    Dance Club / Dance Hall

    1 space per 75 sf. GFA

    Health and Fitness Center

    1 space per 500 sf. of GFA

    Indoor Stadium, Movie Theater, or Live Theater

    1 space per 5 seats; or if no seats, 1 space per 200 sf. GFA

    All Uses Not Listed

    1 space per 400 sf. of GFA

    Commercial Amusement, Outdoor

    Alpine and Nordic Ski Facilities

    Special Study Required

    Ice Skating Rinks

    Special Study Required

    Amphitheater

    1 per 6 seats or 1 per 30 sf. of seating area if no permanent seats

    All Other Uses Not Listed

    Special Study Required

    Nonresidential and Mixed-Use Accessory Use

    Garden Center

    None

    Outdoor Display & Sales

    3 spaces per 1,000 sf. of sales floor area

    Storage and Utility

    Storage

    Bus Storage

    One bus storage space per each bus stored on the site

    General Utility

    Utility, Major

    1 space per employee on largest shift

    Telecommunication

    Wireless Telecommunication Facility

    1 space per tower

    Table Notes: N/A

    1. G.
      Compliance with Disability Laws. ​​​​​​The Town shall:
      1. 1.
        Comply with all provisions of the ADA Standards for Accessible Design, Section 502, as amended; and
      2. 2.
        Comply with all provisions of C.R.S., Article 5, Standards for Accessible Housing.
    2. H.
      Special Studies.
      1. 1.
        Generally. Some of the uses listed in the tables set in the section have nonlinear or widely varying parking demand characteristics. Accordingly, their parking requirements are listed in the table as "special study." Required parking for these uses shall be established according to the standards of this Subsection (H).
      2. 2.
        Request to Reduce Required Parking. 
        1. a.
          Special studies may also be submitted to support a request to reduce the number of required parking spaces to less than the value calculated by Sec. 3-H-4, Parking Reductions and Alternative Parking Plan.
        2. b.
          Such special studies are required to be submitted as a prerequisite for a reduction in parking.
        3. c.
          Further parking credits and reductions that are otherwise available pursuant to Sec. 3-H-4, Parking Reductions and Alternative Parking Plan, shall not be applied when parking reductions are granted pursuant to this Section, unless such reductions are supported by the special study.
      3. 3.
        Special Study Requirements.
        1. a.
          A special study shall be conducted by a qualified transportation planner or traffic engineer at the Applicant's expense.
        2. b.
          The Director shall develop and maintain a list of qualifications and/or certifications that are acceptable to the Town for this purpose.
        3. c.
          The special study shall provide:
          1. 1.
            A peak parking analysis of a minimum of five (5) functionally comparable uses; and
          2. 2.
            Documentation regarding the comparability of the referenced uses including: name, function, location, gross floor area, parking availability, access to transportation network (including vehicular, bicycle, pedestrian, and transit), use restrictions, and other factors that could affect the parking demand.
      4. 4.
        Abbreviated Special Study Requirements. The analytical requirements set out in Subsection 3, above, may be reduced to two (2) functionally comparable uses if:
        1. a.
          The uses are located in the Town or within five (5) miles of its corporate limits;
        2. b.
          The use has less than five thousand (5,000) square feet of gross floor area; or
        3. c.
          The special study is used to justify a reduction in required parking and the requested reduction is fifteen percent (15%) or less.
      5. 5.
        Approval of Special Study.
        1. a.
          The Town may rely upon the special study or may request additional information or analysis, including, but not limited to alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand as supported by sound engineering principles.
        2. b.
          As a condition of approval of a special study, the Town may require that land be reserved or land-banked for additional parking if there is a demonstrably high probability the use could change, resulting in a higher demand for parking.
    3. I.
      Prohibited Use of Parking Areas.
      1. 1.
        No designated off-street parking facilities shall be used for the repair, display, service, or sales of any good or service unless expressly and specifically approved by the Town. This paragraph does not apply to single-family detached and single-family attached driveways when they are used for garage sales or for minor repairs to vehicles owned by the resident of the property.
      2. 2.
        No area required by the Town for the use of private off-street parking shall be used by any party for commercial purposes during the hours of operation of the use to which they relate. This paragraph does not apply to permitted land uses that provide private off-street parking above the minimum requirements when a temporary use permit is approved. See Sec. 5-E-5Temporary Use Permit.

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-H-4 Parking Reductions and Alternative Parking Plan

  • A.
    Purpose. It is the purpose of this Section to establish parking requirements based on the differing parking demands and time use characteristics in cases where commercial, residential, cultural, or civic uses are intermixed on the same lot or in cases where there are public parking spaces available to be utilized by a specific use. The end product shall be a more efficient use of surface area with less land area devoted to parking. See Sec. 5-E-11Parking Reductions and Alternative Parking Plan Permit.
  • B.
    Permitted Reductions for Non-Residential Developments.
    1. 1.
      On-Street and Public Garage/Lot Parking. For non-residential developments in the D-C or R-C districts, where on-street parking and/or a public parking lot or garage is located within six hundred feet (600') of the lot, the Director may authorize a reduction of required off-street parking spaces by ten percent (10%). 
    2. 2.
      Transit Connection. For non-residential uses in the D-C or R-C districts located within six hundred feet (600') of a transit stop, the Director may authorize up to a five percent (5%) reduction in the number of required off-street parking spaces. For non-residential uses in the C-1 district located within six hundred feet (600') of a transit stop, the Director may authorize the reduction of one (1) off-street parking space or up to a ten percent (10%) reduction in the number of required off-street parking spaces, whichever is greater.
  • C.
    Permitted Reductions for Mixed-Use Developments. On properties where multifamily dwellings and overnight accommodation uses are constructed above or on the same lot as commercial uses permitted within the same zoning district, the off-street parking requirements for said use(s) may be reduced by the Director up to but not exceeding the standards established in Table 3-H-4, Reduction in Specific Use Parking Requirements, and according to the following:  
    1. 1.

      Parking standards may be adjusted or reduced through the parking study, using accepted professional standards (e.g., the Urban Land Institute's shared parking publications);

    2. 2.

      The parking study may include shared parking assumptions to reduce parking requirements within the project;

    3. 3.
      The parking study shall be submitted with the site plan application and shall be reviewed by the Planning Commission;
    4. 4.

      Guest parking for the residential units may be incorporated into the parking study. Parking required for each residential unit may not be included in a parking reduction request; and

    5. 5.

      Parking shall be provided on the rear or side of the lot. Parking lots adjacent to the street are only allowed by a special use permit, pursuant to Sec. 5-E-2, Special Use Permit, in instances where there is a hardship due to site topography, limits of access, or other unusual circumstances unique to the property and not created by the property owner.

  • Table 3-H-4

    Reduction in Specific Use Parking Requirements

    Development TypeMinimum Spaces Required
    OfficesOne space for each 800 sf. GFA
    Eating and drinking establishmentsOne space for each 250 sf. of customer access area
    Retail salesOne space for every 800 sf. GFA excluding areas devoted exclusively to storage and building maintenance
    Auditorium, churches, and theatersOne space for every eight (8) seats if fixed seating, or one space for each 100 sf. of floor room in the seating area

    Table 3-H-4

    Reduction in Specific Use Parking Requirements

    Development TypeMinimum Spaces Required
    OfficesOne space for each 800 sf. GFA
    Eating and drinking establishmentsOne space for each 250 sf. of customer access area
    Retail salesOne space for every 800 sf. GFA excluding areas devoted exclusively to storage and building maintenance
    Auditorium, churches, and theatersOne space for every eight (8) seats if fixed seating, or one space for each 100 sf. of floor room in the seating area

    Table 3-H-4

    Reduction in Specific Use Parking Requirements

    Development TypeMinimum Spaces Required
    OfficesOne space for each 800 sf. GFA
    Eating and drinking establishmentsOne space for each 250 sf. of customer access area
    Retail salesOne space for every 800 sf. GFA excluding areas devoted exclusively to storage and building maintenance
    Auditorium, churches, and theatersOne space for every eight (8) seats if fixed seating, or one space for each 100 sf. of floor room in the seating area

    Table 3-H-4

    Reduction in Specific Use Parking Requirements

    Development TypeMinimum Spaces Required
    OfficesOne space for each 800 sf. GFA
    Eating and drinking establishmentsOne space for each 250 sf. of customer access area
    Retail salesOne space for every 800 sf. GFA excluding areas devoted exclusively to storage and building maintenance
    Auditorium, churches, and theatersOne space for every eight (8) seats if fixed seating, or one space for each 100 sf. of floor room in the seating area
    1. D.
      Fee-in-Lieu. In the D-C and R-C districts, a payment-in-lieu of providing required non-residential or commercial parking spaces may be accepted by the Town Council.

     (Ord. 610, 10/08/2023)

    Effective on: 10/8/2023

    Sec. 3-H-5 Parking Design Standards

  • A.

    Snow Storage. Snow storage shall be provided for all driving surfaces including gravel shoulders, parking areas, and pedestrian walkways. In the R-C, C-1 and D-C zone districts, off-site snow storage, snow hauling, and snowmelt systems in lieu of on-site snow storage is encouraged.

    1. 1.

      Minimum Required Area. Table 3-H-5-1, Snow Storage Standards, sets out the requirements for snow storage within the Town. 

      Table 3-H-5-1

      Snow Storage Standards

       Required Area1Standard Zone-Specific Standard 
      Minimum Area1 sf. per 4 sf. of paved area (25%)All Zone Districts2, 3
      Additions: Trees in Snow Storage 

       + 30 sf. per evergreen tree

      + 15 sf. per deciduous tree

      Additions: Up-Sloping Snow Storage+ % equal to average slope4
      Reductions: Down-Sloping Snow Storage- % equal to average slope4
      Reductions: Acceptable snow melt system or a perpetual snow storage easementTo be determined by the Planning Commission 

      Table Notes:

      1. The required area for snow storage is equal to the minimum area + additions - reductions.

      2. In the R-C, C-1, and D-C zone districts, off-site snow storage and hauling may be permitted by the Planning Commission in lieu of on-site snow storage.

      3. In the O-S-F zone district, snow storage is required only if the facility is utilized during snow months.

      4. If the average slope is less than ten percent (10%) this requirement does not apply.  For slopes over ten percent (10%) the following example is provided for clarity - if the average slope of the snow storage area is twenty percent (20%), the minimum area required shall be increased or decreased, as applicable, by twenty percent (20%).

    2. 2.

      LocationSnow storage areas shall:

      1. a.
        Be located adjacent to and within twenty feet (20') of the edge of the pavement area to be served;
      2. b.
        Not be closer than three feet (3') from surface utilities
      3. c.
        Have on average a minimum width of four feet (4') adjacent to the edge of pavement;
      4. d.
        Not interfere with any intersection sight triangle;
      5. e.
        Be located to ensure that runoff and drainage is adequate and will be directed toward drainage facilities to meet water quality and drainage standards;
      6. f.
        Be configured to adequately facilitate the proposed snow storage without damage to landscaping, sidewalks, or other site improvements.
    3. 3.
      Snow Storage Setback.  Snow shall not be stored in the Water Quality Setback or Wetland Setback where polluted snowmelt can directly enter sensitive environments.
    4. 4.
      Snow Melting System. If the minimum required area cannot be met, the Director may permit the use of heated hard surfaces to melt snow. 
    5. 5.
      Off-Site Hauling. Off-site snow storage and snow hauling shall be permitted in lieu of on-site snow storage provided:
      1. a.
        It is for maintenance purposes in all zone districts;
      2. b.
        In the R-C, C-1 and D-C zone districts:
        1. 1.
          An approved snow hauling plan that specifies haul routes, receiving sites and the frequency of hauling; 
        2. 2.
          A plat note on the final plat outlining the requirements for off-site hauling; and
        3. 3.
          Language added to the Declaration of Covenants outlining the requirements for off-site hauling. 
    6. 6.
      Utility Access. The Town shall not be responsible for any snow removal required to gain access to any utility or other infrastructure within Town right-of-way (ROW).
  • B.
    Stormwater Drainage. Parking areas shall be designed to manage stormwater drainage that will result from increased runoff from the site. See Sec. 3-F-3, Erosion Control and Sec. 4-A-11, Stormwater Drainage.
  • C.
    Parking Standards for Single-Family Detached and Attached Land Use Types. Parking is prohibited within the front and side yard setback, except for single-family detached and attached land use types, given that parking is located on a driveway. No other portion of the front yard may be used for parking. Driveway parking in the front yard is restricted to passenger vehicles. 
  • D.
    Parking Standards for All Other Land Uses.
    1. 1.
      All parking areas shall be separated from adjacent property by the use of open space areas of a minimum dimension of seven feet (7'). The Director may vary the distance depending on site conditions in instances where there is a demonstrated hardship due to site topography, limits of access, or other unusual circumstances unique to the property and not created by the property owner.
    2. 2.
      Parking shall be located to the side or rear of the lot. Parking lots adjacent to the street are only allowed via approval of a Major Site Plan Application, pursuant to Sec. 5-E-1, Site Plan, in instances where there is a demonstrated hardship due to site topography, limits of access, or other unusual circumstances unique to the property not created by the property owner.
    3. 3.
      On-Site Parking. Required parking spaces must be provided on the same lot as the principal building or principal use, or as allowed pursuant to Subsec. 4 in this Section.
      1. a.
        In multifamily developments, parking shall be within two hundred feet (200') of the principal use.
      2. b.
        In nonresidential developments, the parking area shall be within six hundred feet (600') of the principal building or principal use, provided (in either case) the zoning for the parking area is the same as the principal use or a more intensive classification. 
    4. 4.
      Off-Site Parking. The Town Council may allow all or a portion of the required parking spaces to be located on a lot separate from the lot on which the principal use is located. Off-site parking shall be subject to the following standards: 
      1. a.
        Necessity. The Applicant shall demonstrate that it is not feasible to locate all of the required parking on the same lot as the principal use.
      2. b.
        Ineligible Activities. Required handicap parking spaces shall not be located off site.
      3. c.
        Location. Off-site parking shall not be located more than 600 linear feet from the building or use it is intended to serve. All parking areas shall be owned by the owner of the principal building or principal use for which parking spaces are being provided or said owners shall have a long-term lease (twenty (20) or more years) on the land so that all required parking will be provided for any particular development.
      4. d.
        Zoning. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the building or use served.
      5. e.
        Signs. One (1) sign shall be located at the off-site parking lot indicating the use that it serves, and one (1) sign shall be located on the site of the use served, indicating the location of the off-site parking lot.
    5. 5.

      On-Street Parking. For non-residential uses in the Limited Commercial Zone District (C-1), public on-street parking spaces lying adjacent to the property line of the lot to which the parking requirement applies may count the adjacent public on-street parking spaces toward the minimum parking required for the property.

  • E.
    Specifications of Standard Parking Spaces. Parking spaces shall meet the following specifications:
    1. 1.
      Generally. Ten feet (10') in width by twenty feet (20') in standard depth.
    2. 2.
      Parallel Spaces. Parallel parking stalls shall be a minimum of ten feet (10') wide by twenty-three feet (23') deep.
    3. 3.
      Underground and Covered Spaces. Underground and covered parking stalls shall be a minimum of nine feet (9') wide by eighteen feet (18') deep.
    4. 4.
      Maximum Grade. The maximum grade in any off-street parking area shall be five percent (5%) parallel slope and five percent (5%) for the cross slope, except as required by the ADA Standards for Accessible Design, Sec. 502, as amended.
    5. 5.
      All parking areas shall be surfaced with asphalt or concrete.
  • F.
    Parking Module Dimensions. Parking modules shall be dimensioned as shown in Table 3-H-5-2, Parking Module Dimensions. The dimensions that are set out in the table are illustrated in Figure 3-H-5-1, Parking Module Standards
  • Table 3-H-5-2
    Parking Module Dimensions

    Measurement

    Parking Space Angle (Degrees)

    0 / Parallel Parking

    45

    60

    90

    One Stall Row, One-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    23 ft. 2 in.

    34 ft. 5 in.

    34 ft. 5 in.

    44 ft.

    Two Stall Rows, One-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 2 in.

    54 ft. 11 in.

    59 ft. 2 in.

    64 ft.

    One Stall Row, Two-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 3 in.

    40 ft. 7 in.

    43 ft. 11 in.

    44 ft.

    Two Stall Rows, Two-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    43 ft. 3 in.

    61 ft. 1 in.

    65 ft. 8 in.

    64 ft.

    Table 3-H-5-2
    Parking Module Dimensions

    Measurement

    Parking Space Angle (Degrees)

    0 / Parallel Parking

    45

    60

    90

    One Stall Row, One-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    23 ft. 2 in.

    34 ft. 5 in.

    34 ft. 5 in.

    44 ft.

    Two Stall Rows, One-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 2 in.

    54 ft. 11 in.

    59 ft. 2 in.

    64 ft.

    One Stall Row, Two-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 3 in.

    40 ft. 7 in.

    43 ft. 11 in.

    44 ft.

    Two Stall Rows, Two-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    43 ft. 3 in.

    61 ft. 1 in.

    65 ft. 8 in.

    64 ft.

    Table 3-H-5-2
    Parking Module Dimensions

    Measurement

    Parking Space Angle (Degrees)

    0 / Parallel Parking

    45

    60

    90

    One Stall Row, One-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    23 ft. 2 in.

    34 ft. 5 in.

    34 ft. 5 in.

    44 ft.

    Two Stall Rows, One-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 2 in.

    54 ft. 11 in.

    59 ft. 2 in.

    64 ft.

    One Stall Row, Two-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 3 in.

    40 ft. 7 in.

    43 ft. 11 in.

    44 ft.

    Two Stall Rows, Two-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    43 ft. 3 in.

    61 ft. 1 in.

    65 ft. 8 in.

    64 ft.

    Table 3-H-5-2
    Parking Module Dimensions

    Measurement

    Parking Space Angle (Degrees)

    0 / Parallel Parking

    45

    60

    90

    One Stall Row, One-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    23 ft. 2 in.

    34 ft. 5 in.

    34 ft. 5 in.

    44 ft.

    Two Stall Rows, One-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    13 ft. 2 in.

    13 ft. 10 in.

    15 ft. 6 in.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 2 in.

    54 ft. 11 in.

    59 ft. 2 in.

    64 ft.

    One Stall Row, Two-Way Aisle

    Stall Row Depth

    10 ft.

    20 ft. 7 in.

    21 ft. 11 in.

    20 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    33 ft. 3 in.

    40 ft. 7 in.

    43 ft. 11 in.

    44 ft.

    Two Stall Rows, Two-Way Aisle

    Stall Row Depth

    20 ft.

    41 ft. 1 in.

    43 ft. 8 in.

    40 ft.

    Drive Aisle Width

    23 ft. 3 in.

    20 ft.

    22 ft.

    24 ft.

    Minimum Module Width (row & aisle)

    43 ft. 3 in.

    61 ft. 1 in.

    65 ft. 8 in.

    64 ft.

     Figure 3-H-5-1

    Parking Module Standards

    Illustrative Two Row Parking Lot Module Layout
    Illustrative One Row Parking Lot Module Layout

     

    1. G.
      Configuration of Parking Aisles. If one-way parking aisles are utilized, parallel rows of parking shall run in alternating directions and shall intersect with two-way aisles.
    2. H.

      Tandem Parking SpacesFor multifamily developments, two (2) spaces stacked (i.e., tandem) may be permitted if the following four (4) criteria are met:

      1. 1.
        The proposed layout is functional and will not create pedestrian or traffic hazards;
      2. 2.
        Both spaces are assigned to one (1) dwelling unit via the HOA Declaration of Covenants, if an HOA is established, or via final plat;
      3. 3.
        An adequate turning radius area is provided with the parking layout to allow for turning and backing into or out of the tandem parking spaces; and
      4. 4.
        The spaces comply with all other standards in this Article and the Standards.
    3. I.

      Compact Parking Spaces.

      1. 1.
        Generally. Compact parking spaces may be provided according to the standards of this Subsection. The presence of a compact off-street parking space does not authorize the parking of vehicles such that they encroach into public rights-of-way or abutting properties.
      2. 2.
        Dimensions. The dimensions of a parking space may be reduced to an eight foot (8') stall width by sixteen foot (16') stall depth to be classified as a compact parking space  if it is demonstrated that:
        1. a.
          The reduction is not used to reduce a front yard setback;
        2. b.
          The reduction will apply to not more than fifty percent (50%) of the total required parking spaces (rounded down); and
        3. c.
          The reduction will apply to not more than three (3) spaces or ten percent (10%) of the total required parking spaces (whichever is greater).
    4. J.
      Accessible Parking Space Dimensions, Design, and Location.
      1. 1.
        The design and location of disabled parking spaces shall be as required by the ADA Standards for Accessible Design, Section 502, as amended, at the time the parking space is striped (however subsequently titled or numbered);
      2. 2.
        Accessible routes to and from accessible parking spaces shall be provided as required by the ADA Standards for Accessible Design, Section 502, as amended, at the time the parking spaces are striped (however subsequently titled or numbered); and
      3. 3.
        Accessible routes shall be graded according to the standards of the ADA Standards for Accessible Design, Section 502, as amended, at the time the parking lot is developed or any time it is regraded.
    5. K.
      Vertical Clearance.
      1. 1.
        A vertical clearance of not less than eight feet (8') shall be provided over all parking spaces.
      2. 2.
        Additional clearance shall be provided for larger vans, sport utility vehicles, and light trucks that require such clearance if parking demand from such vehicles is anticipated.
      3. 3.
        All parking structure entrances shall include an overhead bar to alert oversized vehicles regarding vertical clearance.

    (Ord. 23-603, 06/11/2023; Ord. 610, 10/08/2023) 

    Effective on: 10/8/2023

    Sec. 3-H-6 Off-Street Loading

  • A.
    Generally. Off-street loading requirements are based on total gross floor area per lot
  • Table 3-H-6-1 

    Off-Street Loading Requirements

    Total Gross Floor Area per Lot Standard 
     <5,000 sf. 1 space, if determined necessary at Major Site Plan review
     5,000-25,000 sf. 1 space 
    >25,000 sf.  2 spaces plus 1 per additional 20,000 sf. 

    Table 3-H-6-1 

    Off-Street Loading Requirements

    Total Gross Floor Area per Lot Standard 
     <5,000 sf. 1 space, if determined necessary at Major Site Plan review
     5,000-25,000 sf. 1 space 
    >25,000 sf.  2 spaces plus 1 per additional 20,000 sf. 

    Table 3-H-6-1 

    Off-Street Loading Requirements

    Total Gross Floor Area per Lot Standard 
     <5,000 sf. 1 space, if determined necessary at Major Site Plan review
     5,000-25,000 sf. 1 space 
    >25,000 sf.  2 spaces plus 1 per additional 20,000 sf. 

    Table 3-H-6-1 

    Off-Street Loading Requirements

    Total Gross Floor Area per Lot Standard 
     <5,000 sf. 1 space, if determined necessary at Major Site Plan review
     5,000-25,000 sf. 1 space 
    >25,000 sf.  2 spaces plus 1 per additional 20,000 sf. 
    1. B.
      Dimensions. Dimensions shall be determined at Major Site Plan review.  At a minimum, the following apply:
      1. 1.
        Minimum width (side to side): twelve feet (12').
      2. 2.
        Minimum length (front to back): twenty-five feet (25').
      3. 3.
        Minimum vertical clearance: fourteen feet (14').
    2. C.
      Use of Rights-of-Way. Where off-street loading areas are required, at no time shall any part of a truck or van be allowed to extend into a public right-of-way while the truck or van is being loaded or unloaded.
    3. D.
      Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on-site (and not within any public street right-of-way or other public land) so that trucks can maneuver to the docking area.
    4. E.
      Location.
      1. 1.
        Generally, all loading areas are required to be located on the same lot as the building or lot served by the loading area.
      2. 2.
        Loading areas shall be located behind the principal building in the R-C, D-C, and C-1 zones, and in mixed-use and multifamily buildings in any zone (if a loading area is required).
      3. 3.
        In the D-C district, permitted land uses may utilize over-the-curb loading from local streets or alleys, provided that the loading occurs during off-peak hours and the areas that are used for loading are approved by the Town Engineer.
      4. 4.
        Loading areas may be shared if:
        1. a.
          The development is laid out as blocks with alleys; the size and number of loading spaces is calculated based on the development in each block; and the shared loading spaces are accessed via the alleys of the blocks they are intended to serve; or
        2. b.
          All of the following criteria is met:
          1. 1.
            The permitted land uses meet all of the requirements of this subsection (E);
          2. 2.
            The permitted land uses are adjacent;
          3. 3.
            Convenient hours are established for loading and unloading, and such hours are posted;
          4. 4.
            The loading spaces are easily accessible and well-lit;
          5. 5.
            The loading areas are not located on through traffic streets
          6. 6.
            The loading areas are located behind one (1) of the buildings served by the loading areas.
    5. F.
      Design. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or the site.
    6. G.
      Service Areas Adjacent to District Boundaries or Open Space. If loading areas, truck access, or solid waste collection facilities are located between a principal building and property that is used or zoned for residential purposes or open space, then the following additional standards apply:
      1. 1.
        The loading or service area shall be screened along the entire boundary by a bufferyard that is a minimum of ten percent (10%) more opaque than required at the zone boundary by Sec. 3-I-5, Bufferyards.
      2. 2.
        The loading, truck access, or waste storage area is located under a roof as indicated in Figure 3-H-6, Roof Enclosure. If this option is used, the buffer along the length of the loading shed may be reduced from the requirement of Sec. 3-I-5, Bufferyards, by ten percent (10%) opacity.
    Figure 3-H-6
    Roof Enclosure
    1. H.
      Storage.
      1. 4.
        Parking Spaces and Parking Aisles. Storing materials, boats, campers, recreational vehicles, or inoperable vehicles, or overnight parking of trucks or trailers is prohibited in parking areas of multifamily, nonresidential, and mixed-use developments, unless:
        1. a.
          The outdoor storage use is permitted in the applicable zone and approved for the subject property;
        2. b.
          The areas that are set aside for such parking are not counted towards the parking requirements for the use; and
        3. c.
          The areas that are set aside for such parking comply with the requirements for outdoor storage (e.g., buffering or screening of outdoor storage areas).
      2. 5.
        Loading Spaces. The long-term storage of trailers in loading spaces is prohibited. Such spaces shall be available for routine use by delivery vehicles.
      3. 6.
        Large Vehicle Parking. No vehicle exceeding two (2) tons carrying capacity shall be parked:
        1. a.
          On a parcel in a residential zone district nor in a parking space abutting such residential parcel, except as needed on a temporary basis, for delivery to, or repair/service of, a residential use or the street improvements or utilities; or
        2. b.
          Overnight on any street.
    2. I.
       Blocking of Access Prohibited.
      1. 1.
        Loading spaces or parking spaces shall not be designed or located in a manner that blocks access to other loading spaces, parking spaces, parking aisles, fire lanes, ingress or egress points, or building entrances.
      2. 2.
        Parking, loading, and access areas shall be kept free of any type of permanent or movable structures which block access (e.g., trash receptacles or compactors).
      3. 3.
        Parking within or otherwise obstructing a driveway approach or across public sidewalks is prohibited.
    3. J.
      Sleeping in Vehicles Prohibited. No vehicle, recreation vehicle, boat, camper, trailer, bus, commercial vehicle or similar vehicle may be used for overnight occupancy unless in an approved campground or RV park, or other location approved by the Town.

    (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-H-7 Vehicle Stacking Areas

  • Purpose. Stacking spaces are used to measure the capacity of a drive-through lane to hold cars while transactions are taking place at drive-through stations.
  • Dimensional Requirements. Stacking spaces measure eight feet (8') wide by twenty feet (20') long and provide direct access to a service window.
  • Number of Required Spaces. Uses that include drive-through service shall provide not less than the following numbers of stacking spaces:
    1. Financial Institutions, Drive-Through Convenience Retail, or Pharmacies: Three (3) stacking spaces per drive-through station.
    2. Drive Through Restaurants:
      1. If two (2) service windows are provided (one (1) for payments and one (1) for pick-up):
        1. Four (4) stacking spaces to each menu board;
        2. Four (4) stacking spaces between the menu board and the first window (including the position at the first window); and
        3. Two (2) spaces between the first window and the second window (including the position at the second window). (See Figure 3-H-7, Illustrative Stacking Requirements.)
  • Figure 3-H-7

    Illustrative Stacking Requirements

        1. If one (1) service window is provided (for both payments and pick up):
          1. Six (6) stacking spaces to the menu board; and
          2. Five (5) stacking spaces between the menu board and the service window.
      1. Drive-Through Only Uses in Buildings with Less Than Three Hundred (300) Square Feet of Gross Floor Area and No Separate Menu Board (e.g., coffee stands): Three (3) stacking spaces per service window.
      2. Dry Cleaners: Two (2) stacking spaces, including the position at the window.
      3. Vehicle Wash: 
        1. Three (3) stacking spaces for each bay in a self-service vehicle wash facility;
        2. Five (5) stacking spaces for each in-bay or conveyor vehicle wash facility; and
        3. If the facility provides detailing, manual drying or polishing, and /or vacuuming, sufficient area to provide those services without creating additional demand for stacking at the vehicle wash entrance.
      4. Stacking spaces for other uses are determined by the Director.
      5. Service SpaceThe position in front of a drive-through station (i.e., a service window, ATM, or station at a drive-through bank) is counted as a stacking space regardless of the land use regulations of this subsection.
    1. Design.
      1. Stacking lanes shall be clearly marked, and shall not interfere with on-site or off-site traffic circulation.
      2. Stacking areas shall not be located between the facade of a building and the public street upon which the building fronts unless there is a grade change of a minimum of five feet (5') between the centerline of the street and the stacking area or alternatively, there is a bufferyard of twenty percent (20%) opacity.
      3. Stacking lanes shall be designed with an abutting eight-foot (8') wide bypass lane.

    Effective on: 6/12/2022

    Sec. 3-H-8 Access Management

  • A.
    Continuous Traffic Flow. Circulation systems within parcels proposed for development shall provide for continuous traffic flow with efficient, non-conflicting movement throughout the site.
  • B.
    Access and Circulation.
    1. 1.
      Common Access. Access to common plans of development shall be reviewed and approved through the site plan process (See Sec. 5-E-1, Site Plan) and prioritized as follows:
      1. a.
        Joint or shared access with abutting or adjacent lots by plat or separate legal instrument;
      2. b.
        Cross access to abutting lots, including stub-outs to vacant lots or undeveloped parcels;
      3. c.
        Relocation of an existing driveway or construction of a new driveway located according to the standards of Sec. 3-H-8, Access Management.
    2. 2.
      Single-Use Access. Access to single-use sites shall conform to the standards of Sec. 3-H-8, Access Management.
  •  Figure 3-H-8-2

    Common Access

    1. C.
      Transit Improvements. When required by the Town, bus stops and where feasible, bus pull-out bays, shall be designed to serve adjacent developments, including provisions for sidewalks, crosswalks, and handicap-accessible stop improvements such as shelters, curb breaks and ramps, and lighting. 
    2. D.

      Pedestrian Improvements.

      1. 1.

        Pedestrian connections shall be provided within and through the project site with extensions to abutting properties and linkages to trails. Sidewalks, trail segments, and crosswalks shall be provided within each component of the project, between the residential and commercial components, and to adjacent streets and bus stops. Pedestrian connections must be off-street and outside vehicular travel lanes. 

      2. 2.

        Physical barriers that would prevent freedom of pedestrian travel between commercial and residential components that are adjacent to one another or within a mixed use project shall be limited ;to reasons of topography and as necessary for the public safety, screening of outdoor storage areas, and buffering the property boundaries of other zoning districts (as required in Sec. 3-I-5, Bufferyards).

      3. 3.

        For specific information about how to incorporate pedestrians into the site planning process, see Appendix A, Section E, Pedestrian Access and Circulation, of the Town's Design Guidelines. 

    3. E.
      Vehicular-Pedestrian Conflict Areas. Conflicts between areas of significant pedestrian movement and vehicular circulation shall be minimized. Areas that are accessible to vehicles but likely to be put to significant use by pedestrians (as determined by the Director of Public Works) shall be striped or otherwise differentiated (e.g., with decorative pavers).
    4. F.
      Surfacing. Off-street parking areas shall be:
      1. 1.
        Graded and surfaced with concrete or bituminous asphalt;
      2. 2.
        Surfaced to protect against potholes, erosion, and dust;
      3. 3.
        Surfaced for grass pavers, crushed stone, or gravel for off-street parking facilities that serve agricultural, commercial amusement (outdoor), storage, general utility, and telecommunication uses and overflow parking for all land uses, provided that:
        1. a.
          The perimeter of such parking area is defined by curb and gutter, bricks, stones, or other similar devices; and
        2. b.
          Surfaces with loose materials are set back a minimum of twenty-five feet (25') from the edge of pavement of the connecting public street.
    5. G.
      Maintenance.
      1. 1.
        Off-street parking surfaces shall be kept in good condition, free of weeds, dust, trash, debris, and/or snow.
      2. 2.
        All parking space lines or markings shall be kept clearly visible and distinct to not reduce the required number of off-street parking spaces.
    6. H.
      Off-Site Access to Roads Maintained by the Colorado Department of Transportation (CDOT). A landowner whose property directly accesses to a state highway will be required to contact CDOT regarding specific permit and design requirements to obtain ingress/egress.

    Effective on: 6/12/2022

    Sec. 3-I-1 Purpose

    The standards and requirements set out in this Article are intended to:

    1. Establish landscaping standards that protect and preserve the appearance and character of the Town;
    2. Improve the compatibility of adjacent uses;
    3. Protect the ecological and recreational value of the Town's natural resources;
    4. Promote cohesive development between undeveloped and developed areas of the Town;
    5. Conserve scarce water resources through requirements for native and drought-resistant trees and shrubs; and
    6. Provide long-term adherence to principles that will create a landscape that is aesthetically pleasing, functional, and unique to the Town. 

    Effective on: 6/12/2022

    Sec. 3-I-2 Applicability

  • A.
    Generally. This Chapter sets out requirements for plant requirements, landscaping, bufferyards, and screening for all properties within the Town.
    1. 1.
      Plant Requirements. See Sec. 3-I-3Plant Requirements. The plant requirement section sets out the permitted size of plants at installation and the general location prohibitions for all plantings.
    2. 2.
      Landscaping. See Sec. 3-I-4, Landscaping. There are three (3) types of landscaping:
      1. a.
        Lot landscaping;
      2. b.
        Site landscaping; and
      3. c.
        Parking lot landscaping.
    3. 3.
      Bufferyards. See Sec. 3-I-5, Bufferyards. Bufferyards are required based on the development type and/or right-of-way type that is adjacent to the proposed development. Bufferyards may be required along:
      1. a.
        Areas between different types of permitted land uses;
      2. b.
        Street and railroad rights-of-way;
      3. c.
        The perimeters of parking lots; and
      4. d.
        In mixed-use development, between individual land uses.
    4. 4.
      Screening. See Sec. 3-I-6, Screening. Screening is required to shield trash or refuse containers and receptacles from the view of the public right-of-way and/or adjacent properties. 
    5. 5.
      Installation and Maintenance. See Sec. 3-I-8Installation and Maintenance. ​​​​​​This section sets out the required site preparations necessary for installation of plantings and the required on-going maintenance after the installation process is complete. 
  • B.
    Applicability of Standards. This Article applies to all new development, redevelopment, and substantial improvements, and where specifically indicated, to existing trees and landscaping.
  • C.
    Exceptions. The following are exceptions to the standards of this Article:
    1. 1.
      Individual lots of record that are used for existing single-family or two-family dwellings unless required by this Article.
    2. 2.
      Modifications to nonresidential buildings where the building expansion or redevelopment does not exceed the gross floor area of the existing building by more than ten percent (10%) or three thousand (3,000) square feet, whichever is less.
    3. 3.
      Sites that are proposed for redevelopment or substantial improvement, where compliance cannot be reasonably obtained due to the geometry, steep grades, or extensive rock outcroppings on the site. In these case the Town may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only the extent necessary to make the installation reasonably obtainable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided.
  • Effective on: 6/12/2022

    Sec. 3-I-3 Plant Requirements

  • A.
    Recommended Plants.
    1. 1.
      Only plants listed in Appendix CRecommended Plant List, count towards the landscaping requirements of this Article.
    2. 2.
      Plants that are not listed in Appendix C, Recommended Plant List, are allowed to be planted provided they are not classified as a noxious weed.
    3. 3.
      Applicants who wish to count plants not listed in Appendix CRecommended Plant List, may seek an amendment to the Appendix C, Recommended Plant List. Plants may only be added to the list if it is demonstrated to the satisfaction of the Town Council by credible evidence that the species:
      1. a.
        Is either native to the region or not invasive; and
      2. b.
        Provides habitat for native wildlife.
  • B.
    Minimum Size of Plants at Installation. Plants that are installed must comply with the requirements of this Article and shall be of the sizes set out in Table 3-I-3-1, Minimum Size of Plants at Installation.
  • Table 3-I-3-1

    Minimum Size of Plants at Installation

    Type of Plant

    Minimum Size at Installation

    Deciduous Trees1

    Single Stem Trees 

    Minimum one-inch caliper with an overall average caliper of 2 inches2

    Multi-Stem Trees

    Minimum of eight feet in height with an overall average height of 10 feet2

    Evergreen Trees

    Minimum Height

    Four feet

    Average Height2Six feet
    Evergreen and Deciduous Shrubs

    Minimum Size

    Five-gallon root base for eighty percent (80%) of the shrubs used. Shrubs as small as one gallon may be used for the remainder.

    Table Notes:

    1. 1.
      No more than one-fourth (1/4) of the trees shall be less than the average height.
    2. 2.
      See Table 3-I-3-2, Tree Caliper and Height Equivalency, for tree caliper to tree height equivalency calculations.

    Table 3-I-3-1

    Minimum Size of Plants at Installation

    Type of Plant

    Minimum Size at Installation

    Deciduous Trees1

    Single Stem Trees 

    Minimum one-inch caliper with an overall average caliper of 2 inches2

    Multi-Stem Trees

    Minimum of eight feet in height with an overall average height of 10 feet2

    Evergreen Trees

    Minimum Height

    Four feet

    Average Height2Six feet
    Evergreen and Deciduous Shrubs

    Minimum Size

    Five-gallon root base for eighty percent (80%) of the shrubs used. Shrubs as small as one gallon may be used for the remainder.

    Table Notes:

    1. 1.
      No more than one-fourth (1/4) of the trees shall be less than the average height.
    2. 2.
      See Table 3-I-3-2, Tree Caliper and Height Equivalency, for tree caliper to tree height equivalency calculations.

    Table 3-I-3-1

    Minimum Size of Plants at Installation

    Type of Plant

    Minimum Size at Installation

    Deciduous Trees1

    Single Stem Trees 

    Minimum one-inch caliper with an overall average caliper of 2 inches2

    Multi-Stem Trees

    Minimum of eight feet in height with an overall average height of 10 feet2

    Evergreen Trees

    Minimum Height

    Four feet

    Average Height2Six feet
    Evergreen and Deciduous Shrubs

    Minimum Size

    Five-gallon root base for eighty percent (80%) of the shrubs used. Shrubs as small as one gallon may be used for the remainder.

    Table Notes:

    1. 1.
      No more than one-fourth (1/4) of the trees shall be less than the average height.
    2. 2.
      See Table 3-I-3-2, Tree Caliper and Height Equivalency, for tree caliper to tree height equivalency calculations.

    Table 3-I-3-1

    Minimum Size of Plants at Installation

    Type of Plant

    Minimum Size at Installation

    Deciduous Trees1

    Single Stem Trees 

    Minimum one-inch caliper with an overall average caliper of 2 inches2

    Multi-Stem Trees

    Minimum of eight feet in height with an overall average height of 10 feet2

    Evergreen Trees

    Minimum Height

    Four feet

    Average Height2Six feet
    Evergreen and Deciduous Shrubs

    Minimum Size

    Five-gallon root base for eighty percent (80%) of the shrubs used. Shrubs as small as one gallon may be used for the remainder.

    Table Notes:

    1. 1.
      No more than one-fourth (1/4) of the trees shall be less than the average height.
    2. 2.
      See Table 3-I-3-2, Tree Caliper and Height Equivalency, for tree caliper to tree height equivalency calculations.
    1. C.
      Tree Caliper to Height Equivalency. Table 3-I-3-2, Tree Caliper and Height Equivalency, establishes a framework to compare an approximate height of trees at the time of installation to the corresponding trunk caliper.

    Table 3-I-3-2

    Tree Caliper and Height Equivalency

    CaliperHeight
    1.0 inches8 feet to 8.9 feet
    1.5 inches9 feet to 9.9 feet
    2.0 inches10 feet to 11.9 feet
    2.5 inches12 feet to 13.9 feet
    3.0 inches14 feet to 15.9 feet

    Table 3-I-3-2

    Tree Caliper and Height Equivalency

    CaliperHeight
    1.0 inches8 feet to 8.9 feet
    1.5 inches9 feet to 9.9 feet
    2.0 inches10 feet to 11.9 feet
    2.5 inches12 feet to 13.9 feet
    3.0 inches14 feet to 15.9 feet

    Table 3-I-3-2

    Tree Caliper and Height Equivalency

    CaliperHeight
    1.0 inches8 feet to 8.9 feet
    1.5 inches9 feet to 9.9 feet
    2.0 inches10 feet to 11.9 feet
    2.5 inches12 feet to 13.9 feet
    3.0 inches14 feet to 15.9 feet

    Table 3-I-3-2

    Tree Caliper and Height Equivalency

    CaliperHeight
    1.0 inches8 feet to 8.9 feet
    1.5 inches9 feet to 9.9 feet
    2.0 inches10 feet to 11.9 feet
    2.5 inches12 feet to 13.9 feet
    3.0 inches14 feet to 15.9 feet
    1. D.
      Distance from Utilities.
      1. 1.
        ​​​​​No tree (does not include shrubs) shall be planted within ten (10) lateral feet of any overhead utility lines.​
      2. 2.
        No tree or shrub shall be planted over or within five (5) lateral feet of any underground utility line.
    2. E.
      Sight Distance Triangles. Plant materials shall not be installed where they may compromise a sight distance triangle (see 3.7.6, Sight Triangle, in the Standards). 
    3. F.
      Transitions to Sensitive Uses. The Town desires to create transitions between land uses that are located next to each other that are either incompatible or differ significantly in scale. See Appendix A, Section D, Transition to Sensitive Uses, of the Town's Design Guidelines. 
    4. G.
      Transitions From Watercourses. To protect all exiting vegetation and preserve watercourse buffers, planting additional native materials is permitted when used to add aesthetic value or functional purposes to create a gradual transition from stream corridors to site development. All site development near watercourses shall meet the minimum standards:
      1. 1.
        Except pedestrian paths, all site development activities shall be located a minimum of thirty feet (30') from any watercourse edge. Additional setbacks may be required to protect wetlands or other riparian habitats (see Figure 3-I-3-1, Transitions From Watercourses).
      2. 2.
        Only limited pedestrian access to watercourses shall be provided to minimize damage to streamside vegetation and soils.

     Figure 3-I-3-1

    Transitions From Watercourses

     

    Effective on: 6/12/2022

    Sec. 3-I-4 Landscaping

  • A.
    Generally.
    1. 1.
      Landscaping is required on any portion of a property or development site that is disturbed for construction or development activities.
    2. 2.
      Required bufferyards, parking lots, designated open space tracts, and parkways used for street tree plantings are not counted as locations that can be used to fulfill the requirements of this section.
  • B.
    Site Landscaping.
    1. 1.
      Minimum Landscaping Required. Landscaped areas shall be visually seamless between the transition and adhere to the minimum standards set out in Table 3-I-4-1, Site Landscaping Requirements.
  • Table 3-I-4-1

    Site Landscaping Requirements

    Site Landscaping AreaMinimum Landscaping Required
    Areas disturbed by development activity and located within 75 feet of a building, recreational structure, parking lot, driveway, or road​.​One tree and five shrubs per every 1,500 square feet of disturbed area
    Areas disturbed by development activity and not located within 75 feet of a building, recreational structure, parking lot, driveway, or road.One tree and five shrubs per every 3,000 square feet of disturbed area1

    Table Notes:

    1. 1.
      A minimum of twenty percent (20%) of both the trees and shrubs shall be evergreen.
      1. 2.
        Planting Areas.
        1. a.
          Required Locations. Planting areas shall be installed adjacent to the building foundation and between the parking and vehicular use areas and the lot line under all other conditions (see Figure 3-I-4-1, Site Landscape Planting Areas).
        2. b.
          Exception to Required Locations. Planting areas are not required in areas that are designed for direct vehicular access to the building, such as loading bays, service bays, and drive-through lanes on the side of the building with a service window.

     Figure 3-I-4-1

    Site Landscape Planting Areas

     
      1. 3.
        Pavement and Edging Materials. For appropriate materials, see Appendix A, Section H, Pavement and Edging Materials, of the Town's Design Guidelines.
    1. C.
      Parking Lot Landscaping.
      1. 1.
        General Requirements. All parking areas shall meet the setback requirements in Sec. 3-H-5, Parking Design Standards.
      2. 2.
        Parking Lot Landscape Areas. As illustrated in Figure 3-I-4-2, Parking Lot Landscape Areas, landscaping is required in all of the following areas for parking lots with forty (40) or more total parking spaces:
        1. a.
          At both ends of parking aisles, planted in islands that are not less than nine feet (9') wide and thirty-six feet (36') long, with ten-foot (10') curb radii on the side that face outward from the parking aisle.
        2. b.
          In the middle of parking rows at intervals required by Subsection C.3, below, and planted in interior islands that are not less than eight feet (8') wide and thirty-two feet (32') long, with five-foot (5') curb radii at both ends.
        3. c.
          At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking modules.
      3. 3.
          Snow Storage. Snow storage areas shall be in conformance with Sec. 3-H-5-C.

     Figure 3-I-4-2

    Parking Lot Landscape Areas

     
      1. 4.
        Planting Requirements. Parking lot landscape islands shall be provided at an interval of one (1) island for each ten (10) parking spaces, or fraction thereof, planted as follows:
        1. a.
          No bay of parking spaces may extend for more than one hundred feet (100') without a landscaped island.
        2. b.
          Islands shall be protected by curbs and contain the following minimum amount of vegetative and ground cover materials:
          1. 1.
            One (1) deciduous shade tree; or two (2) aspen or choke cherry trees; and
          2. 2.
            Eight (8) durable shrubs, mulch, and irrigation.
    1. E.

      Grading. 

      1. 1.
        Site Development Grading. Grading shall be performed in a manner that minimizes the impact of new earthwork and meets the following maximums:
        1. a.

          All berms and cut and fill slopes shall have slopes no steeper than two to one (2:1) (three to one (3:1) is preferred). 

        2. b.

          Engineered slopes designed to exceed two to one (2:1) shall only be permitted when the design has been by a certified by a geotechnical engineer and approved by the Town Engineer.

        3. c.

          Areas graded during site development activities shall use undulating landforms and not straight graded slopes.

      2. 2.

        Plantings and Slope Stabilization. Graded areas shall be stabilized no later than six (6) months after the initial disturbance and meet the following:

        1. a.

          No graded slope steeper than four to one (4:1) shall remain unstabilized after November 15th of the calendar year;

        2. b.

          Plantings shall consist of native, drought-resistant seed mixes containing grasses and wildflowers, where appropriate;

        3. c.

          Visually unobtrusive erosion control netting shall be used where necessary; and 

        4. d.

          Vegetative materials shall be periodically watered and maintained in healthy conditions until the plants become established.

     Figure 3-I-4-3

    Graded and Revegetated Slopes

    (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-I-5 Bufferyards

  • A.
    Generally. The bufferyards required by this UDC are based on the amount of screening they provide. Bufferyards are classified from less screening (Type A) to more screening (Type D).
  • B.
    Bufferyard Types. There are four (4) types of bufferyards, each of which vary in width and the numbers and types of plants required per one hundred (100) linear feet, or portion thereof. The minimum planting requirements for each bufferyard type are set out in Table 3-I-5-1, Bufferyard Classifications, except that bufferyards for streets are set out in Table 3-I-5-3, Bufferyard Requirements for Streets.
  • C.
    Bufferyard Compositions.
    1. 1.
      A blend of deciduous and evergreen shrubs is strongly recommended. The size of the plants required is set out in Sec. 3-I-3Plant Requirements.
    2. 2.
      All evergreen plant material should be planted in clusters to increase their chance of survival. Existing plant material that is retained in good health and meets the minimum size requirements shall be included in the plant requirement calculation for the proposed landscape plan.
    3. 3.
      If solar access for an adjacent property is either existing, planned or deed-restricted, shrubs or small trees may be substituted for canopy trees that would otherwise block solar access.
    4. 4.
      Where solar access or views are not a concern by adjacent property owners, evergreen trees may be substituted for deciduous trees in bufferyard category “D”.
    5. 5.
      For bufferyard categories “C” and “D”, berms are encouraged, and if added, minimum heights are indicated below in Table 3-I-5-1, Bufferyard Classifications.
  • Table 3-I-5-1
    Bufferyard Classifications

    Type

    Width

    Required Plantings per 100 Linear Feet

    Berm Height

    Bufferyard Example Diagram

    Deciduous Trees

    Evergreen Trees

    Shrubs

    Type A

    5’

    2

    2

    --

    --

    Type B

    10’

    4

    4

    10

    --

    Type C10'88153'
    Type D25'1010203'

    Table Notes:

    1. -- = Not Applicable

    Table 3-I-5-1
    Bufferyard Classifications

    Type

    Width

    Required Plantings per 100 Linear Feet

    Berm Height

    Bufferyard Example Diagram

    Deciduous Trees

    Evergreen Trees

    Shrubs

    Type A

    5’

    2

    2

    --

    --

    Type B

    10’

    4

    4

    10

    --

    Type C10'88153'
    Type D25'1010203'

    Table Notes:

    1. -- = Not Applicable

    Table 3-I-5-1
    Bufferyard Classifications

    Type

    Width

    Required Plantings per 100 Linear Feet

    Berm Height

    Bufferyard Example Diagram

    Deciduous Trees

    Evergreen Trees

    Shrubs

    Type A

    5’

    2

    2

    --

    --

    Type B

    10’

    4

    4

    10

    --

    Type C10'88153'
    Type D25'1010203'

    Table Notes:

    1. -- = Not Applicable

    Table 3-I-5-1
    Bufferyard Classifications

    Type

    Width

    Required Plantings per 100 Linear Feet

    Berm Height

    Bufferyard Example Diagram

    Deciduous Trees

    Evergreen Trees

    Shrubs

    Type A

    5’

    2

    2

    --

    --

    Type B

    10’

    4

    4

    10

    --

    Type C10'88153'
    Type D25'1010203'

    Table Notes:

    1. -- = Not Applicable

    1. D.
      Zoning District Bufferyard Standards. Set out in Table 3-I-5-2, District Bufferyard Standards are the bufferyard classifications that are required adjacent to permitted land uses. The table is a matrix in which residential and nonresidential zoning districts are shown. Rows show the use of the property proposed for development and columns show the zoning of the adjacent land. The bufferyard required for the proposed use is listed, too.

    Table 3-I-5-2 

    District Bufferyard Standards

    Proposed for Development Abutting Zoning District

    Zoning District

    O-S-FM-ER-1 R-2 R-2-OR-CC-1D-C
    O-S-FN/AN/AABACB
     M-E N/AAABBCDD
     R-1BABBBCCC
     R-2BBBBBCCC
    R-2-OBBBBBCBC
    R-CCCBBBAAA
    C-1CDCCACAA
    D-CBDCBBAAA

    Table Notes:

    1. All development types within the Single-Family Detached use category (i.e. existing, standard, cluster, conservation, and zero lot line) as well as the following types within the Single-Family Attached use category (i.e., duplex, twin home, and townhouse) are required to provide only a Type A bufferyard.

    Table 3-I-5-2 

    District Bufferyard Standards

    Proposed for Development Abutting Zoning District

    Zoning District

    O-S-FM-ER-1 R-2 R-2-OR-CC-1D-C
    O-S-FN/AN/AABACB
     M-E N/AAABBCDD
     R-1BABBBCCC
     R-2BBBBBCCC
    R-2-OBBBBBCBC
    R-CCCBBBAAA
    C-1CDCCACAA
    D-CBDCBBAAA

    Table Notes:

    1. All development types within the Single-Family Detached use category (i.e. existing, standard, cluster, conservation, and zero lot line) as well as the following types within the Single-Family Attached use category (i.e., duplex, twin home, and townhouse) are required to provide only a Type A bufferyard.

    Table 3-I-5-2 

    District Bufferyard Standards

    Proposed for Development Abutting Zoning District

    Zoning District

    O-S-FM-ER-1 R-2 R-2-OR-CC-1D-C
    O-S-FN/AN/AABACB
     M-E N/AAABBCDD
     R-1BABBBCCC
     R-2BBBBBCCC
    R-2-OBBBBBCBC
    R-CCCBBBAAA
    C-1CDCCACAA
    D-CBDCBBAAA

    Table Notes:

    1. All development types within the Single-Family Detached use category (i.e. existing, standard, cluster, conservation, and zero lot line) as well as the following types within the Single-Family Attached use category (i.e., duplex, twin home, and townhouse) are required to provide only a Type A bufferyard.

    Table 3-I-5-2 

    District Bufferyard Standards

    Proposed for Development Abutting Zoning District

    Zoning District

    O-S-FM-ER-1 R-2 R-2-OR-CC-1D-C
    O-S-FN/AN/AABACB
     M-E N/AAABBCDD
     R-1BABBBCCC
     R-2BBBBBCCC
    R-2-OBBBBBCBC
    R-CCCBBBAAA
    C-1CDCCACAA
    D-CBDCBBAAA

    Table Notes:

    1. All development types within the Single-Family Detached use category (i.e. existing, standard, cluster, conservation, and zero lot line) as well as the following types within the Single-Family Attached use category (i.e., duplex, twin home, and townhouse) are required to provide only a Type A bufferyard.

    1. E.
      Relationship to Other Bufferyard Requirements. If bufferyards are required by another section of this UDC along property boundaries, then the greater bufferyard requirement shall supersede the lesser one. Only one (1) bufferyard is required.
    2. F.
      Buffering Existing Residential Development. New development is required to provide an increase in the level of screening of a bufferyard (e.g., from Type A to Type B) when adjacent to an existing single-family detached or attached dwelling unit or multiplex, if:
      1. 1.
        The existing development does not have a required bufferyard in conformance with the requirements of this UDC; 
      2. 2.
        The building height(s) of the new development is (are) more than one (1) story taller than the building height(s) of the existing property or development; or
      3. 3.
        The housing type that is located on the lots that are adjacent to the existing development is denser than the housing type of the existing development (e.g., new townhouse lots adjacent to existing single-family detached lots).
    3. G.
      Setbacks and Bufferyard Widths. If setback established by the zone district is less than the required bufferyard that is to be increased, the setback dimension shall be the required bufferyard width. 
    4. H.
      Adjacency to Highway 40. The Planning Commission shall determine bufferyard requirements for any lot line(s) abutting Highway 40, which at a minimum shall be a Type A bufferyard. 
    5. I.
      Street Bufferyards. Set out in Table 3-I-5-3, Bufferyard Requirements for Streets, are the bufferyard standards of any development adjacent to arterial, collector, and local streets (for bufferyard types, see Table 3-I-5-1, Bufferyard Classifications).

    Table 3-I-5-3

    Bufferyard Requirements for Streets

    Zoning District of Proposed Development

    Adjoining Street Right-of-Way 

    Arterial

    Collector and Local

    (Identify land use across the street)

     MajorMinorNon-ResidentialResidential

    O-S-F, M-E

    N/A

    N/A

    N/A

    N/A

    R-1

    C

    C

    C

    B

    R-2, R-2-O

    D

    D

    C

    C

    R-C, C-1, D-C

    A

    A

    B

    B

    Table 3-I-5-3

    Bufferyard Requirements for Streets

    Zoning District of Proposed Development

    Adjoining Street Right-of-Way 

    Arterial

    Collector and Local

    (Identify land use across the street)

     MajorMinorNon-ResidentialResidential

    O-S-F, M-E

    N/A

    N/A

    N/A

    N/A

    R-1

    C

    C

    C

    B

    R-2, R-2-O

    D

    D

    C

    C

    R-C, C-1, D-C

    A

    A

    B

    B

    Table 3-I-5-3

    Bufferyard Requirements for Streets

    Zoning District of Proposed Development

    Adjoining Street Right-of-Way 

    Arterial

    Collector and Local

    (Identify land use across the street)

     MajorMinorNon-ResidentialResidential

    O-S-F, M-E

    N/A

    N/A

    N/A

    N/A

    R-1

    C

    C

    C

    B

    R-2, R-2-O

    D

    D

    C

    C

    R-C, C-1, D-C

    A

    A

    B

    B

    Table 3-I-5-3

    Bufferyard Requirements for Streets

    Zoning District of Proposed Development

    Adjoining Street Right-of-Way 

    Arterial

    Collector and Local

    (Identify land use across the street)

     MajorMinorNon-ResidentialResidential

    O-S-F, M-E

    N/A

    N/A

    N/A

    N/A

    R-1

    C

    C

    C

    B

    R-2, R-2-O

    D

    D

    C

    C

    R-C, C-1, D-C

    A

    A

    B

    B
    1. J.
      Public or Private Street Plantings. Trees may be installed in landscaped areas within the right-of-way in either formal or informal patterns. Additional trees also may be installed outside the right-of-way.
      1. 1.
        Deciduous trees shall be planted a minimum of five feet (5') from the edge of street pavement to minimize breakage from snow plowing operations.
      2. 2.
        Evergreen trees shall be planted a minimum of ten feet (10') from the edge of street pavement. See Figure 3-I-5-1, Edge of Pavement Plantings.

    Figure 3-I-5-1

    Edge of Pavement Plantings

     

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-I-6 Screening

  • A.
    Surface Parking Lots. Bufferyards that are located at the edges of surface parking lots shall include a continuous masonry wall, berm, or hedge that is a minimum of three feet (3') in height between parking spaces and the street. This requirement shall be waived in areas where:
    1. 1.
      The elevation of the parking lot is three feet (3') or more below the elevation of the curb of the street;
    2. 2.
      Buildings or other structures provide the same or better screening effect; or
    3. 3.
      The bufferyard opacity is a minimum of forty percent (40%).
  • Figure 3-I-1

    Surface Parking Lot Landscaping

       
    1. B.
      Tuck-Under Parking Lots. Tuck-under parking lots shall be located behind buildings. It shall be screened from view from adjacent properties and rights-of-way by buildings or a bufferyard that includes a masonry wall, berm, or combination thereof, that is a minimum of five feet (5') in height.
    2. C.
      Subterranean Parking Lots. Access to subterranean parking lots shall be located at the sides or rear of the building if a ramp that is visible from outside the building provides more than four feet (4') of grade change.
    3. D.
      Structured Parking Lots. Structured parking lots shall be screened from view from public rights-of-way and adjacent properties in one (1) or more of the following ways:
      1. 1.
        Liner buildings or other buildings that are not parking structures;
      2. 2.
        Topographical changes (e.g., construction into a hillside);
      3. 3.
        A six-foot (6') wide planting strip, planted with trees suitable for street tree installations, planted between twenty-five (25) and thirty-five (35) feet on center; or
      4. 4.
         Any bufferyard that is a minimum of eighty percent (80%) opaque.
    4. E.
      Trash and Refuse, Storage, and Collection. Except for a period of time beginning at six o'clock (6:00) AM on the morning of scheduled pick up and ending at eight o'clock (8:00) PM on the same day, all refuse/recycling and refuse/recycling containers shall be stored on the owner's premises and screened so as to prevent their being viewed from the street.
      1. 1.
        Bear proofing is encouraged on all trash containers and receptacles.
      2. 2.
        Multifamily and commercial properties shall have dumpsters with screening, as outlined in Sec. 3-I-6(F), Trash Enclosures. 
      3. 3.
        Single-family detached properties and single-family attached properties, which contain no more than two (2) dwelling units, shall have trash cans constructed of metal or plastic with tightly attached covers.
    5. F.
      Trash Enclosures. Bear-proof refuse and recycling containers and enclosures shall be provided for all multifamily, nonresidential, and mixed-use developments for collection of solid wastesAll containers are subject to the following standards:
      1. 1.
        The solid waste container enclosures shall be located no more than two-hundred feet (200') from the individual uses they are intended to serve;
      2. 2.
        Access to the solid waste enclosure shall be configured to meet the requirements of the solid waste hauler;
      3. 3.
        The solid waste enclosure shall have an opaque fence or wall constructed of wood, metal, or masonry and designed to match or complement the architecture of the principal building.
      4. 4.
        As shown in Figure 3-I-6, Trash Enclosure, the enclosure must have:
        1. a.
          Solid walls no less than six feet (6') in height;
        2. b.
          Solid wood or metal service gates that remain closed except when servicing the container; 
        3. c.
          Solid covers or lids on each solid waste container that can be secured to prevent easy access;
        4. d.
          A separate solid wood or metal pedestrian access gate that screens the container(s) from view; and
        5. e.
          An adequate size to accommodate one (1) or more solid waste containers of a sufficient size to serve the use, based on the frequency of solid waste collection.
      5. 5.
        Orient the truck access gate to face away from the street when feasible.
      6. 6.
        Setbacks shall be as follows:
        1. a.
          Front and corner yards: No less than the required building setback for the principal structure.
        2. b.
          Interior Side Yard: five feet (5').
        3. c.
          Rear Yard: five feet (5').

           Figure 3-I-6

          Trash Enclosure

           

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-I-7 Fences and Walls

  • A.
    Fences and Walls.
    1. 1.
      Purpose. The purpose of these regulations is to maintain adequate visibility on private property and in public rights-of-way, to protect the light and air to abutting properties, to provide adequate screening by regulating height, location, and design, and to promote the movement of wildlife through portions of Town.
    2. 2.
      Privacy Gates. Privacy gates are prohibited within the Town. 
    3. 3.
      Fence Design Standards. The welfare of the Town is based to a great extent on the community's character, which includes natural terrain, open spaces, wildlife corridors, and wooded hillsides. The installation of fences and privacy gates in residential areas can erode this character by impeding views, hindering wildlife movement, and creating the image of a closed, unwelcoming community. It is the intent of the Town to limit fences in most situations in areas outside of the commercial zones (R-C, D-C, and C-1) in order to maintain the open, natural, and wooded alpine character of the Town and establish mandatory requirements for the erection of allowed fences in residential zone districts. Fence/Wall Permits are required; see Sec. 5-E-1Site Plan. Temporary fences that are installed to protect a construction site shall comply with Sec. 2-B-5-E-2, Temporary Construction Fencing. 
      1. a.
        ​​​General Design Standards:
        1. 1.
          All fences require approval from the Town.
        2. 2.
          Prohibited Materials: Contemporary security fencing such as electrical wire, razor wire, barbed wire, or chain-link fencing (with and without slats), PVC, vinyl, and plastic fencing are prohibited.
        3. 3.
          Height limitations and solid-to-void ratio are set out in Table 3-I-7-1, Permitted Height and Solid-to-Void Ratios.
        4. 4.
          Rough sawn timbers, natural logs, and patinaed metal are preferred; Permitted Materials are set out in Table 3-I-7-2, Permitted Materials. 
        5. 5.
          Fences shall have the finished side face away from the interior of the property being fenced.
  • Table 3-I-7-1

    Permitted Height and Solid-to-Void Ratios

    Yard Setback Type Maximum Permitted Height Maximum Solid-to-Void Ratio
    Front14'1:3
    Corner23'1:3 or 1:53
    Side16'NA
    Rear6'NA

    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. Measured from the front plane of the primary structure forward or, in the absence of a structure, from the front yard setback forward.

    2. Fences shall not obstruct sight distance at intersections for a minimum distance of thirty-five feet (35') measured from property corners at intersections of streets, roads, highways and railroads except when the town engineer determines that the fence, hedge or wall should be less than three feet (3') in height to permit unobstructed vision of vehicles and pedestrians (intersection sight triangle), as defined by the Standards

    and Specifications for Design and Construction. 

    3. Only applicable if corner fence is within intersection sight triangle.

    Table 3-I-7-1

    Permitted Height and Solid-to-Void Ratios

    Yard Setback Type Maximum Permitted Height Maximum Solid-to-Void Ratio
    Front14'1:3
    Corner23'1:3 or 1:53
    Side16'NA
    Rear6'NA

    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. Measured from the front plane of the primary structure forward or, in the absence of a structure, from the front yard setback forward.

    2. Fences shall not obstruct sight distance at intersections for a minimum distance of thirty-five feet (35') measured from property corners at intersections of streets, roads, highways and railroads except when the town engineer determines that the fence, hedge or wall should be less than three feet (3') in height to permit unobstructed vision of vehicles and pedestrians (intersection sight triangle), as defined by the Standards

    and Specifications for Design and Construction. 

    3. Only applicable if corner fence is within intersection sight triangle.

    Table 3-I-7-1

    Permitted Height and Solid-to-Void Ratios

    Yard Setback Type Maximum Permitted Height Maximum Solid-to-Void Ratio
    Front14'1:3
    Corner23'1:3 or 1:53
    Side16'NA
    Rear6'NA

    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. Measured from the front plane of the primary structure forward or, in the absence of a structure, from the front yard setback forward.

    2. Fences shall not obstruct sight distance at intersections for a minimum distance of thirty-five feet (35') measured from property corners at intersections of streets, roads, highways and railroads except when the town engineer determines that the fence, hedge or wall should be less than three feet (3') in height to permit unobstructed vision of vehicles and pedestrians (intersection sight triangle), as defined by the Standards

    and Specifications for Design and Construction. 

    3. Only applicable if corner fence is within intersection sight triangle.

    Table 3-I-7-1

    Permitted Height and Solid-to-Void Ratios

    Yard Setback Type Maximum Permitted Height Maximum Solid-to-Void Ratio
    Front14'1:3
    Corner23'1:3 or 1:53
    Side16'NA
    Rear6'NA

    Table Notes:

    Unless otherwise stated all measurements are in feet.

    1. Measured from the front plane of the primary structure forward or, in the absence of a structure, from the front yard setback forward.

    2. Fences shall not obstruct sight distance at intersections for a minimum distance of thirty-five feet (35') measured from property corners at intersections of streets, roads, highways and railroads except when the town engineer determines that the fence, hedge or wall should be less than three feet (3') in height to permit unobstructed vision of vehicles and pedestrians (intersection sight triangle), as defined by the Standards

    and Specifications for Design and Construction. 

    3. Only applicable if corner fence is within intersection sight triangle.

    1. 4.
      Residential uses in the following zone districts (ME, R-1, R-2, R-C, D-C, C-1 and R-2-O). 
      1. a.
        Although discouraged in these zone districts, in all instances fences should complement the property and landscape rather than contain it. Fences delineating property boundaries are not permitted. Fences will be considered for approval by the Director only when demonstrated by the applicant that the design is consistent with the following criteria: 
        1. 1.
          Fences shall have a maximum solid-to-void ratio of one to three (1:3), e.g. one inch (1") of solid material for every three inches (3") of opening. Pet fences are exempt from this requirement. 
        2. 2.
          Fences shall not enclose an area greater than twenty-five percent (25%) of the total property or two thousand (2,000) square feet, whichever is more restrictive;
        3. 3.
          Fences shall ensure the proposed design does not hinder wildlife migration; 
        4. 4.
          If a fence is part of a multifamily project, approval shall be received from the association and the fence design shall be integrated with the property's overall landscape design; and
        5. 5.
          If a fence is located on a duplex, Twin Home, or townhouse property, written approval shall be received from the adjoining property owner for that shared lot line and the fence design shall be integrated with the overall landscape and building design.
      2. b.
        Pet Fence. Shall be located in a rear or side yard or where the fence is not visible from a public right-of-way. Pet fences shall be located to minimize their visibility to the greatest extent possible, which in most instances will require the fence posts to be located behind or to the side of a structure. Pet fences may incorporate a wire mesh or solid wood material to enclose pets. While both materials may be installed vertically on the fence posts, the wire mesh may also extend horizontally over the top of the enclosed pet area. The maximum area of a fenced pet enclosure shall be four hundred (400) square feet or twenty-five percent (25%) of the overall non-buildable area, whichever is more restrictive. The maximum height is limited to fifty-four inches (54").
      3. c.
        Hot Tub Fence. Privacy fences around hot tubs shall not exceed six feet (6') in height and shall not exceed twenty-five feet (25') in total length. Such fences shall be architecturally compatible with adjacent buildings. Where a fence around a hot tub is highly visible, a Type A bufferyard shall screen the hot tub to soften the fence's visual impact. 
    2. 5.
      Commercial uses in the following zone districts (R-C, C-1, D-C, O-S-F). 
      1. a.
        Compatibility. Walls and fences shall be architecturally compatible with the style, materials, and colors of the principal buildings on the same lot. If used along collector or arterial streets, such features shall be made visually "cohesive" by integrating architectural elements, such as brick (in the D-C zone district only) or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings, or through similar techniques. Length of a fence or wall shall not exceed ninety percent (90%) of the front lot line length.
      2. b.
        Materials.
        1. 1.
          Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for grading purposes. See Sec. 2-B-4(F), Retaining Walls. Hedges may be used in the same manner and for the same purposes as a fence or wall.
        2. 2.
          Fences used in front yards shall have a maximum solid-to-void ratio of one to three (1:3). Fence materials not listed in Table 3-I-7-2, Permitted Materials, may be approved by the Director if they are materials of a similar nature. Where an applicant can demonstrate to the satisfaction of the Town that an alternative material would be architecturally compatible with the surrounding neighborhood, the Director may authorize such materials.
        3. 3.
          Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of ninety (90) miles per hour.
        4. 4.
          For details about integrating fences and walls into the surrounding landscape, see the Town's Design Guidelines: Appendix A, Section G, Fences and Walls.

          Table 3-I-7-2

          Permitted Materials

           ZDSplit Rail  Buck & RailWooden Post/Wire MeshHorizontal Wooden BoardWrought IronStone Pier1Brick1
          Residential
          M-E

           

           

           P

           


          PP------
          R-1
          R-2
          R-2-O
          Mixed Residential
          R-C -- --PPPP--
          C-1
          D-CP

          Table Notes:

          1. Stone walls or brick walls shall have a stone or cast stone cap.

          Table 3-I-7-2

          Permitted Materials

           ZDSplit Rail  Buck & RailWooden Post/Wire MeshHorizontal Wooden BoardWrought IronStone Pier1Brick1
          Residential
          M-E

           

           

           P

           


          PP------
          R-1
          R-2
          R-2-O
          Mixed Residential
          R-C -- --PPPP--
          C-1
          D-CP

          Table Notes:

          1. Stone walls or brick walls shall have a stone or cast stone cap.

          Table 3-I-7-2

          Permitted Materials

           ZDSplit Rail  Buck & RailWooden Post/Wire MeshHorizontal Wooden BoardWrought IronStone Pier1Brick1
          Residential
          M-E

           

           

           P

           


          PP------
          R-1
          R-2
          R-2-O
          Mixed Residential
          R-C -- --PPPP--
          C-1
          D-CP

          Table Notes:

          1. Stone walls or brick walls shall have a stone or cast stone cap.

          Table 3-I-7-2

          Permitted Materials

           ZDSplit Rail  Buck & RailWooden Post/Wire MeshHorizontal Wooden BoardWrought IronStone Pier1Brick1
          Residential
          M-E

           

           

           P

           


          PP------
          R-1
          R-2
          R-2-O
          Mixed Residential
          R-C -- --PPPP--
          C-1
          D-CP

          Table Notes:

          1. Stone walls or brick walls shall have a stone or cast stone cap.

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-I-8 Installation and Maintenance

  • A.
    Generally. Areas subject to the standards of this Article shall provide for the care and maintenance of landscaping and trees within the disturbed area or shall be installed per an approved landscape plan.
  • B.
    Maintenance Responsibility. The owner of the lot or parcel or the manager or agent (which may be a mandatory property owners' association if such is provided in the association's governing documents), shall be responsible for the maintenance of all landscaped areas and their plant materials, including adjacent landscaped portions of public rights-of-way.
  • C.
    Site Protection. 
    1. 1.
      Landscape Protected Zones. Snow fencing or other highly visible materials shall be used to designate protected zones from building construction and to protect all existing trees, shrubs, ground covers and grasses outside the construction zone.
    2. 2.
      Drip Line Protection. The landscape protected zone shall extend to the drip line of all trees over four inches (4") in caliper.  
    3. 3.
      Protected Area Disturbance. Any areas designated protection zones that are disturbed at any time during the construction process shall be repaired to replicate the original condition.   Replacement requirements for large trees damaged or killed shall be determined on a case-by-case basis.
  • D.
    Soil Preparation. In some locations, existing soils may be rocky, highly porous, infertile or unsuitable due to construction activities. Prior to installing new plant materials in such locations, unsuitable soils shall be removed and  the remaining soils shall be amended with organic material to provide a viable growing medium.
  • E.
    Tree Staking. All new trees shall be staked or guyed with two (2) or three (3) points of connection, properly fastened and safely marked, for two (2) to three (3) years or until the roots are firmly established.
  • F.
    Site Maintenance.
    1. 1.
      Generally. All landscape development shall be adequately maintained to retain its aesthetic, operational and safety functions. Refer to Section 4-1-2, Removal of Rubbish, Trash and Refuse, in the Town's Code of Ordinances for additional information.
    2. 2.
      Plant Materials. Plant material shall be watered, fertilized and/or mowed in a timely manner.  Insects and diseases shall be treated in accordance with professional recommendations.
    3. 3.
      Dead Plant Materials. Dead plant material shall be removed and replaced with an approved plant of comparable size within thirty (30) days from the time Town officials notify the owner of such a situation. Damaged branches shall be property pruned at the correct time of year.
    4. 4.
      Damaged Pavement. Damaged pavement, walls, slopes or drainage facilities shall be repaired within sixty (60) days from the time Town officials notify the owner of such problems. However, in emergency situations, Town officials may require immediate temporary repairs to keep pavements, walls, slopes, or drainage systems functional.
  • G.
    Irrigation.
    1. 1.
      Irrigation systems shall be designed to avoid sprinkling and unnecessary runoff onto paved areas, including parking, loading, and street pavement areas. Prevailing winds shall be considered in the design of the irrigation systems.
    2. 2.
      Irrigation of constrained areas such as street rights-of-way, parkways, and medians shall be by drip irrigation or other systems that comply with Subsection G.2, above.
    3. 3.
      No automated irrigation system shall be installed unless authorized by a permit based on irrigation plans approved by the Director, and an appointee.
    4. 4.
      Xeriscaping is encouraged in lieu of traditional landscaping. Irrigation requirements set out in this Section may be waived per the Director in favor of xeriscaping.
    5. 5.
      Mulch two to three inches (2-3") deep with wood chips or rock (clean and variable size) are required for all tree, shrub and perennial beds. (See Figure 3-I-8-1, Drip Line Irrigation and Mulch Depth). 
  • Figure 3-I-8-1

    Drip Line Irrigation and Mulch Depth

     

    (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023

    Sec. 3-J-1 Purpose

    The purpose of this Article is to establish reasonable, content-neutral regulations governing the design, location, construction, installation, operation, repair, and maintenance of signs within the Town. These regulations are intended to:

    1. A.
      Protect constitutionally guaranteed free speech by applying all standards in a fair, consistent, and content-neutral manner.
    2. B.
      Balance the communication needs of individuals, businesses, and organizations with the Town's goals to:
      1. 1.
        Ensure public safety by minimizing visual distractions and hazardous sign placement that could affect motorists, cyclists, or pedestrians;
      2. 2.
        Reduce sign clutter and prevent obstruction of the public right-of-way; and
      3. 3.
        Promote the free flow of traffic while preventing hazards related to poor sign maintenance or placement.
    3. C.
      Preserve and enhance the Town's scenic beauty, community character, and compatibility with surrounding land uses.
    4. D.
      Support economic vitality by maintaining a visually attractive environment for residents, visitors, and businesses.
    5. E.
      Provide clear, enforceable regulations that ensure fair, timely, and consistent permitting and enforcement processes.

    (Ord. 25-639, 12/02/2025) 

    Effective on: 12/2/2025

    Sec. 3-J-2 Applicability

    This Article shall apply to the display, construction, installation, alteration, use, location, operation, and maintenance of all signs within the Town except as stated in Sec. 3-J-3(B) below. 

    (Ord. 25-639, 12/02/2025)

    Effective on: 12/2/2025

    Sec. 3-J-3 Permit Requirements

  • A.
    Permit Required.
    1. 1.
      A sign permit shall be required for all signs installed, altered, constructed, reconstructed, relocated, or replaced unless specifically exempted under Subsection B below.
    2. 2.
      A permit is required for any substantial improvement of a property which will involve signage.
    3. 3.
      A permit is required for sign conversions, including:
      1. a.
        Conversion of a temporary sign to a permanent sign; and
      2. b.
        Alternation of a nonconforming sign (see Sec. 3-J-3(I)).
    4. 4.
      A permit is required for any sign, temporary or permanent, that is:
      1. a.
        Greater than six (6) square feet (SF) in area; or
      2. b.
        Displayed for more than ninety (90) consecutive days.
    5. 5.
      Tourist Oriented Directional Signs ("TODS") – Resolution 1306, Series 2011.
  • B.
    Permit Not Required. The following signs are exempt from permitting requirements, unless specifically required by another section of this Article:
    1. 1.
      Government and wayfinding signs.
    2. 2.
      Signs required by federal, state, or local law.
    3. 3.
      Signs required by applicable building codes (e.g. address numbers).
    4. 4.
      Warning signs not exceeding four (4) SF in area.
    5. 5.
      Interior signs, including any sign inside a building not attached to a window or door.
    6. 6.
      Signs in display cases that do not exceed four (4) SF in area (subject to Sec. 3-J-4(E)).
    7. 7.
      Small signs that are less than one (1) and one-half (1.5) square feet.
    8. 8.
      Temporary signs (subject to Sec. 3-J-4(B)).
    9. 9.
      Flags (subject to Sec. 3-J-4(E)).
    10. 10.
      Vehicle signage, provided:
      1. a.
        Signs are permanently or magnetically attached to motor vehicles or trailers which are being operated or stored in the normal course of business, such as signs on delivery trucks, provided that:
        1. i.
          The primary purpose of such vehicles is not for the display of signs; and
        2. ii.
          Vehicles are parked or stored in areas appropriate for their uses.
      2. b.
        Construction trailers, provided that:
        1. i.
          A valid building permit has been issued for the site where the trailer is stored; and
        2. ii.
          The trailer is not used as static signage.
    11. 11.
      Holiday decorations that are clearly incidental and customary to the associated event.
    12. 12.
  • C.
    Actions Not Requiring a Sign Permit.
    1. 1.
      Replacement of window signs without increasing sign area.
    2. 2.
      Maintenance, such as touch-up painting, repair, or repainting of existing sign content.
  • D.
    Prohibited Signs. Unless explicitly allowed elsewhere in this Article, the following signs are prohibited:
    1. 1.
      Any sign installed without a valid permit, or in violation of permit conditions.
    2. 2.
      Any sign that is specifically prohibited by the provisions of this Article.
    3. 3.
      Flashing, rotating, or intermittently illuminated signs.
    4. 4.
      Internally illuminated signs placed on the exterior of a building, or within five (5) FT of a window inside a building. This excludes signs not to exceed one (1) and one-half (1.5) SF.
    5. 5.
      Unauthorized electronic message and digital displays ("EMD"). Signs using digital displays or other means to present images or messages. These signs typically use light emitting diode ("LED"), liquid crystal display ("LCD"), plasma or other technology to present a series of still images, full motion animation, or other text messages.
    6. 6.
      Billboards, pennants, streamers, balloons, search lights, strobe lights, beacons, inflatable signs, costumed characters and similar devices.
    7. 7.
      Flutter flags, unless permitted by special event permit.
    8. 8.
      Hazardous or distracting signs that pose a safety hazard or create a distraction due to:
      1. a.
        Location, size, construction, or manner of illumination; or
      2. b.
        Resemblance to traffic control devices or signals.
    9. 9.
      Roof-mounted signs projecting above the highest point of the roofline, parapet, or fascia vertically aligned with the sign area.
    10. 10.
      Signs that contain any obscene wording or images.
    11. 11.
      Signs emitting smoke, sound, or visual effects (e.g., glare).
    12. 12.
      Unsafe or structurally unsound signs.
    13. 13.
      Human carried or walking signs.
    14. 14.
      Vending machines visible from public rights-of-way.
    15. 15.
      Snipe signs (e.g., attached to poles, trees, or fixtures).
    16. 16.
      Abandoned signs remaining after thirty (30) days of business closure.
    17. 17.
      Unauthorized banner signs (Sec. 3-J-4(C) Banners).
    18. 18.
      Signs that obstruct doorways, windows, or fire escapes.
    19. 19.
      Signs that resemble an official marker installed by the Town, state, or any governmental agency.
    20. 20.
      Signs by reason of positioning, shape, or color that would conflict with the proper functioning of any traffic sign or signal, or would impair or cause confusion of vehicle or pedestrian traffic.
  • E.
    Prohibited Locations. Signs shall not be placed:
    1. 1.
      Off-site.
    2. 2.
      Within sight distance triangles or in a way that obstructs visibility.
    3. 3.
      In areas that block pedestrian or vehicle movement.
    4. 4.
      Over ingress and egress points.
    5. 5.
      Where glare or visibility obstructions pose safety risks.
    6. 6.
      In unsafe or inappropriate locations, including:
      1. a.
        Public property or rights-of-way, such as streets, medians, sidewalks, utility traffic poles;
      2. b.
        Natural features, such as landscaping, rocks, or trees; and
      3. c.
        Utility easements or public infrastructure without authorization.
  • F.
    Prohibited Obstructions. Signs shall not obstruct:
    1. 1.
      Building ingress or egress, including doors, egress windows, or fire escapes.
    2. 2.
      Operable windows (with regard to movement only; obstruction of transparency is allowed as provided herein).
    3. 3.
      Equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and meters)
  • G.
    Master Sign Program ("MSP").
    1. 1.
      Required for any development with three (3) or more tenants or businesses of a structure or series of structures platted within the same development.
    2. 2.
      Must be approved by the Planning Commission prior to issuance of any individual sign permits.
    3. 3.
      Pre-application conference is required before submittal of an MSP plan to review design standards, procedures, and the proposed plan.
    4. 4.
      Must demonstrate a unified design theme to promote visual harmony among all signs, buildings, and related site elements.
    5. 5.
      The plan must utilize compatible colors, materials, construction methods, scale, and backgrounds.
    6. 6.
      The plan must indicate the size and location of all proposed signs, and must coordinate a minimum of three (3) of the following elements:
      1. a.
        Color(s);
      2. b.
        Shape;
      3. c.
        Mounting;
      4. d.
        Lighting;
      5. e.
        Lettering style;
      6. f.
        Graphics; and
      7. g.
        Materials.
    7. 7.
      The total sign area permitted under the MSP shall comply with the size limitations set forth in this Code. Sign area shall not be transferred or allocated between businesses.
    8. 8.
      The MSP must provide a Sign Area allocation table.
    9. 9.
      The MSP must be updated each time a new sign permit is submitted for any tenant or building within the development.
    10. 10.
      Signs governed by a Homeowners Association, Design, or Architectural Review Board or special district shall:
      1. a.
        Provide a continuity of design to the aggregate;
      2. b.
        Be proportioned to the building space allowed;
      3. c.
        Be compatible in design with each other; and
      4. d.
        Such continuity and proportion shall be subject to review by the appropriate administrative body.
  • H.
    Building and Fire Codes. Signs shall comply with applicable building and fire codes as adopted and amended.
  • I.
    Non-Conforming Signs.
    1. 1.
      Any sign installed prior to the enactment of this article and in accordance with the Town approval process that does not conform to the provisions set forth herein (as determined by UDC Sec. 5-E-8), or is located in newly annexed territory shall be designated as nonconforming.
    2. 2.
      Any sign which has been determined to be nonconforming may continue in use and operation as a nonconforming sign pending the following provisions:
      1. a.
        Nonconforming signs that are not maintained, at the discretion of the Director, shall be removed (UDC Sec. 3-J-3(L)).
      2. b.
        Nonconforming signs shall be brought into conformance at the time that a represented business changes ownership, thereby requiring a new sign.
      3. c.
        Nonconforming signs shall not be relocated in whole or in part to any portion of the lot where the sign is located.
      4. d.
        The property with a nonconforming sign is not undergoing any substantial improvements.
      5. e.
        Nonconforming temporary signs shall be removed immediately.
    3. 3.
      All nonconforming signs shall be removed by January 1, 2031.
    4. 4.
      Existing nonconforming neighborhood or subdivision monuments approved by a Sign Permit Application approval within the last ten (10) years prior to the adoption of this article and that meet the provisions of Sec. 3-J-3(I.2) may request an exemption from the Director.
  • J.
    Obsolete or Abandoned Signs.
    1. 1.
      Any sign, including those incorporated into a complex identification monument, that advertises or identifies a business, product, service, or activity no longer located or operating on the premises shall be deemed obsolete and shall be removed by the property owner or responsible party within thirty (30) days of the cessation of such business, product, service, or activity.
    2. 2.
      Nonconforming obsolete or abandoned signs shall be immediately removed.
  • K.
    Maintenance.
    1. 1.
      All signs shall be maintained in a structurally sound and safe condition, and shall not pose a hazard to the public health, safety, or welfare due to damage, deterioration, inadequate maintenance, or exposure to electrical shock. Sign surfaces shall be kept clean, neatly painted, and free of damage, fading, peeling, or other visible signs of neglect.
    2. 2.
      The Director shall have the authority to require the repair, repainting, maintenance, or removal of any sign determined to be unsafe, unsightly, or in disrepair. Upon such determination, the Director shall issue written notice to the sign owner at the address listed on the sign permit via certified mail, return receipt requested.
    3. 3.
      If corrective action is not taken within thirty (30) days of receipt of the notice, the Director may order the sign to be removed or repaired at the owner's expense. The costs incurred by the Town for such action may be charged to the property owner, and may constitute a lien on the property if not paid within the prescribed time.
  • (Ord. 25-639, 12/02/2025) 

    Effective on: 12/2/2025

    Sec. 3-J-4 Specific Sign Standards

  • A.
    General. All signs for which a permit is required under this Article shall comply with the following general design and placement standards.
    1. 1.
      Architectural Integration. Signs shall be designed as subordinate architectural elements, and shall complement the design, scale, materials, and character of the principal structure.
    2. 2.
      Façade Visibility. Freestanding signs shall not obstruct architectural features, patterns, or design elements of building façades, and shall be situated to maintain visibility and harmony with adjacent structures.
    3. 3.
      Zoning Compatibility. All signage shall be consistent with the character and intent of the zoning district in which it is located, and shall reflect the development standards, land use goals, and aesthetic objectives of the Town.
  • B.
    Temporary Sign Standards. Temporary signs are subject to the following limitations and standards:
    1. 1.
      Permit Requirement. A temporary sign does not require a permit unless otherwise specified in this Article.
    2. 2.
      Display Duration. Temporary signs shall not be displayed for more than ninety (90) consecutive days within a calendar year.
    3. 3.
      Quantity. No more than one (1) temporary sign shall be installed per property without a permit, unless otherwise authorized by this Article.
    4. 4.
      Size. The maximum allowable sign area is six (6) SF per sign face, including not more than one (1) rider sign attached. The rider sign shall not exceed six (6) inches in height by twenty-four (24) inches in width.
    5. 5.
      Height. Temporary signs shall not exceed five (5) FT in height, as measured from the finish grade at the base of the sign.
    6. 6.
      Event-Related Signage. Temporary signs associated with a permitted public event may be displayed for up to twenty-one (21) days prior to the event, and must be removed no later than seven (7) days following the event.
    7. 7.
      Construction Site Signage.
      1. a.
        One (1) temporary sign is allowed per approved construction site.
      2. b.
        Subdivision temporary construction signs shall not exceed twenty-four (24) SF in area, unless they are integrated into construction fencing, in which case this limitation shall not apply.
      3. c.
        Temporary single lot construction signs shall not exceed six (6) SF per sign face.
    8. 8.
      Location. Temporary signs shall be located behind the setback and outside the public right-of-way.
    9. 9.
      Illumination and Electronics. Temporary signs shall not be illuminated, nor shall they contain electronic components, digital displays, or projected images.
    10. 10.
      Materials. All temporary signs shall be constructed of durable, weather-resistant materials suitable for the intended duration of display.
  • C.
    Banners. Banners may be permitted for public events or limited-duration commercial activities upon sign permit application and written approval by the Director. The Director may impose reasonable conditions related to:
    1. 1.
      Location;
    2. 2.
      Height and support;
    3. 3.
      Materials and structural integrity; and
    4. 4.
      Duration and timing of display.
  • D.
    Flag Standards.
    1. 1.
      A maximum of three (3) flags is permitted per property.
    2. 2.
      Each flag shall not exceed twenty-five (25) square feet in area.
    3. 3.
      Flags shall:
      1. a.
        Be mounted to a permanent pole or structure;
      2. b.
        Maintain a minimum of eight (8) FT of vertical clearance from the nearest pedestrian travelway elevation; and
      3. c.
        Flags affixed to poles shall not exceed twenty (20) FT in height.
  • E.
    Non-Residential Sign Standards.
    1. 1.
      General. Unless specifically excluded by this Article, all signs displayed shall be included in determining the total sign area for a building.
    2. 2.
      Total Aggregate Square Footage.
      1. a.
        The maximum allowable tenant sign area shall be determined by the width of the storefront façade. The sign area shall not exceed thirty-two (32) SF total aggregate SF allowed (see Sec. 3-J-4(E.3)).
      2. b.
        One (1) SF of sign area for each three (3) Lineal Feet (LF) of tenant storefront façade.
    3. 3.
      Maximum Sign Size Entitlement. Each business is entitled to one (1) sign per street frontage not to exceed twenty-four (24) SF per face and total aggregate sign area of thirty-two (32) SF, so long as all other requirements of this Section are met.
    4. 4.
      Number of Signs. The number of signs shall not exceed a total of two (2) signs per business per frontage, and may be a combination of the following:
      1. a.
        Freestanding Sign. One (1) per structure (see Facility Identification Sign). Freestanding signs shall be located on private property out of the public right-of-way and shall not exceed ten (10) FT above nearest primary pedestrian travelway elevation. A sandwich board sign shall be allowed only if located entirely on private property. The area greater than six (6) SF of one side of a sandwich board (permit required) shall count towards the total signage allowed for the business, and all other sections of this code shall apply.
      2. b.
        Projecting Sign (Including Awnings and Canopies). Extension of projecting signs shall be restricted by the UDC Sec. 3-A-7(H) Setbacks from the building wall, and be provided the setback reductions allowed by canopy or marquee architectural element as shown in Table 3-A-7 Setback Reductions for Building Elements, Equipment, and Structures. A minimum clearance of eight (8) FT is required from the nearest primary pedestrian travelway elevation.
      3. c.
        Wall Sign. No area of a wall sign shall be in the same plane as a projecting sign on any one (1) building wall.
      4. d.
        Window sign. Any window sign square footage shall be subtracted from the total aggregate square footage permitted. Window signs are limited to a maximum of twenty-five (25%) percent of window area with no one window being covered more than thirty-three (33%) percent.
    5. 5.
      Multiple Use Facility. All multi-use facilities of three (3) or more tenants or businesses will require a MSP Permit.
      1. a.
        For multiplex properties where the maximum sign area entitlement may be applicable, maximum individual sign size shall be limited to the sizes permitted by the MSP.
      2. b.
        Each business activity or tenant shall be authorized to utilize, within the limits established by this Article, a combination of any two (2) of the aforementioned sign types (excluding Free Standing, see Multiple Use Facility Sign) on each building façade served by a public entrance. The combined area of these signs shall not exceed the allowable total aggregate sign area per MSP.
      3. c.
        Facility Identification Sign.
        1. i.
          Prohibited for individual lots containing less than three (3) non-residential units.
        2. ii.
          Total sign area shall not exceed sixty (60) SF.
        3. iii.
          Sign area of individual tenants or businesses shall not exceed six (6) SF per sign face. Sign area is exempt from total aggregate sign area for an individual business tenant.
        4. iv.
          Facility identification incorporated into the sign structure shall not exceed one-third (1/3) cumulative sign area of all tenants.
        5. v.
          Sign structure shall not exceed a height of ten (10) FT above the nearest primary pedestrian travelway elevation.
      4. d.
        The following signs are exempt from the total aggregate sign area for an individual business tenant, but are subject to the limitations of this Article:
        1. i.
          Primary building identification sign;
        2. ii.
          Secondary building identification sign; and
        3. iii.
          Building directory.
    6. 6.
      Display Cases. Each restaurant, bar, or lounge may have one display case designed to be viewed by occupants or users of the property, and shall not be generally legible outside property limits. If the size of the sign box is four (4) SF or less, the display case size shall not count as sign area. If the size of the sign box exceeds four (4) SF, the area of the sign box more than four (4) SF will be calculated in allowable aggregate sign area.
    7. 7.
      Sandwich Board (A-Frame).
      1. a.
        One (1) sandwich board sign is permitted per business.
      2. b.
        The maximum allowable sign area is six (6) SF per sign face.
      3. c.
        Signs shall be located entirely on private property within ten (10) feet of a primary pedestrian entrance.
      4. d.
        Signs shall be removed during non-business hours and during adverse weather conditions.
      5. e.
        Sandwich board signs are prohibited within the public right-of-way.
  • F.
    Residential Sign Standards.
    1. 1.
      General. Permanent signs are prohibited in all Residential Zoning Districts, unless explicitly permitted by this Article.
    2. 2.
      Multi-Family Residential. Multi-Family Residential structures that have more than four (4) units may obtain a MSP Permit (UDC Sec. 3-J-3(I),) or adhere to the residential sign standards (this section).
    3. 3.
      Residential Identification Signs. Single-Family residential neighborhoods, or subdivisions, or multi-family residential complexes of greater than four (4) units shall be permitted one (1) residential complex identification sign per primary street access.
      1. a.
        Freestanding (Monument) Signs.
        1. i.
          Monument signs are prohibited for individual lots containing a single-family or multi-family of four (4) or fewer residential units.
        2. ii.
          Monument signs shall be limited in size to a maximum of thirty-two (32) SF of sign area. Total area inclusive of sign area and structural supports or uprights on which any such sign is supported shall not exceed forty-five (45) SF. Landscape material and ornamental hardscape integral to the foundation is excluded.
        3. iii.
          Monument signs shall be freestanding, attached to the ground without the use of uprights, braces, poles or posts.
        4. iv.
          Freestanding identification signs shall not exceed a height of ten (10) FT above the nearest pedestrian travelway elevation.
      2. b.
        Wall Mount Signs.
        1. i.
          Twenty-four (24) SF.
        2. ii.
          Eight (8) FT height.
  • Table 3-J-4-1 Permitted Residential Sign Standards
     UseType Quantity Area Height Other 
    Single-Family Attached & Detached
     Temporary16 SF6 FTUDC Sec. 3-J-4(B)
     Flag325 SF/Flag> 8 FT Bottom, < 20 FT TopNo Permit Required
    Neighborhood/SubdivisionSubdivision Monument1/primary access32 SF/45 SF Total< 10 FTUDC Sec. 3-J-4(F)(3)
    Multi-Family Complexes
    < 4-Plex Same as Single-Family
    > 4-PlexTemporary1/Unit6 SF6 FTPlaced in Window or on Unit
     Flag3/Complex25 SF/Flag> 8 FT Bottom, < 20 FT TopFlag Must be Affixed to Pole
     Wall1 Identification24 SF< 8 FTMaster Sign Program Required for Additional Signs
     Monument1 Identification32 SF< 10 FT
    Table 3-J-4-1 Permitted Residential Sign Standards
     UseType Quantity Area Height Other 
    Single-Family Attached & Detached
     Temporary16 SF6 FTUDC Sec. 3-J-4(B)
     Flag325 SF/Flag> 8 FT Bottom, < 20 FT TopNo Permit Required
    Neighborhood/SubdivisionSubdivision Monument1/primary access32 SF/45 SF Total< 10 FTUDC Sec. 3-J-4(F)(3)
    Multi-Family Complexes
    < 4-Plex Same as Single-Family
    > 4-PlexTemporary1/Unit6 SF6 FTPlaced in Window or on Unit
     Flag3/Complex25 SF/Flag> 8 FT Bottom, < 20 FT TopFlag Must be Affixed to Pole
     Wall1 Identification24 SF< 8 FTMaster Sign Program Required for Additional Signs
     Monument1 Identification32 SF< 10 FT
    Table 3-J-4-1 Permitted Residential Sign Standards
     UseType Quantity Area Height Other 
    Single-Family Attached & Detached
     Temporary16 SF6 FTUDC Sec. 3-J-4(B)
     Flag325 SF/Flag> 8 FT Bottom, < 20 FT TopNo Permit Required
    Neighborhood/SubdivisionSubdivision Monument1/primary access32 SF/45 SF Total< 10 FTUDC Sec. 3-J-4(F)(3)
    Multi-Family Complexes
    < 4-Plex Same as Single-Family
    > 4-PlexTemporary1/Unit6 SF6 FTPlaced in Window or on Unit
     Flag3/Complex25 SF/Flag> 8 FT Bottom, < 20 FT TopFlag Must be Affixed to Pole
     Wall1 Identification24 SF< 8 FTMaster Sign Program Required for Additional Signs
     Monument1 Identification32 SF< 10 FT
    Table 3-J-4-1 Permitted Residential Sign Standards
     UseType Quantity Area Height Other 
    Single-Family Attached & Detached
     Temporary16 SF6 FTUDC Sec. 3-J-4(B)
     Flag325 SF/Flag> 8 FT Bottom, < 20 FT TopNo Permit Required
    Neighborhood/SubdivisionSubdivision Monument1/primary access32 SF/45 SF Total< 10 FTUDC Sec. 3-J-4(F)(3)
    Multi-Family Complexes
    < 4-Plex Same as Single-Family
    > 4-PlexTemporary1/Unit6 SF6 FTPlaced in Window or on Unit
     Flag3/Complex25 SF/Flag> 8 FT Bottom, < 20 FT TopFlag Must be Affixed to Pole
     Wall1 Identification24 SF< 8 FTMaster Sign Program Required for Additional Signs
     Monument1 Identification32 SF< 10 FT
    1. G.
      Measurement Standards.
      1. 1.
        Area. Sign area is the entire surface area of a sign, including nonstructural trim. The supports, uprights, or structures on which any sign is mounted shall not be included in determining sign area.
        1. a.
          Standard Geometric Shapes. When the surface area of a sign consists of a conventional geometric shape, such as a circle, an oval, a rhombus, a trapezoid, or a triangle, the accepted mathematical formulas for calculating area will be used to determine the surface area of a sign.
        2. b.
          Cutout Letters. Sign area for cutout letters or displays applied directly to the building surface and lacking a defined frame or trim shall be determined by including the total area within the periphery of the cutout letters on display, which can be enclosed within a rectangle, series of rectangles, or the closest geometric shape.
        3. c.
          Irregular Geometric Shapes. If a sign consists of a symbol, or an irregular geometric shape without an accepted mathematical formula for calculating area, the surface area of the symbol, which can be enclosed within a rectangle, series of rectangles, or the closest geometric shape, shall be determined as the sign area.
        4. d.
          Multiple Elements. If a sign consists of a symbol, graphic, or text with multiple elements that are an irregular geometric shape without an accepted multiple formula for calculating area, the entire surface area of the symbol, graphic or text, which can be enclosed within a series of rectangles, or the closest geometric shape, shall be determined as the sign area.
        5. e.
          Double-Faced Sign. Only one (1) side of a double-faced freestanding or projecting sign shall count toward the aggregate size measurement provided both sides are identical.
      2. 2.
        Height. Height is the vertical distance measured from the ground level to the top of the sign measured at its highest point above existing or finished ground elevation, whichever is more restrictive.
      3. 3.
        Clearance. Clearance is the area a sign shall be free of obstructions to allow passage of pedestrians and vehicles.
        1. a.
          Clearance for pole and projecting signs shall be measured as the smallest vertical distance between the sign and the finished grade directly underneath the sign at the lowest point of the sign structure, including any framework or other structural elements.
        2. b.
          Pedestrian Clearance. In sidewalks and other pedestrian circulation areas, the minimum sign clearance shall be eight (8) FT.
        3. c.
          Vehicular Clearance. In streets, alleys, or other vehicular access areas, the minimum sign clearance shall be sixteen (16) FT.
        4. d.
          Utility Line Clearance. A sign shall be located a minimum of six (6) FT horizontally and twelve (12) FT vertically from overhead lines, or other similar utility infrastructure, or as required by such utility agency.
      4. 4.
        Frontage.
        1. a.
          Sign allowance shall be calculated on the basis of the length of the building, or business frontage which is most nearly parallel to the street it faces.
        2. b.
          If a building or business fronts on two (2) or more streets, the sign area for each street shall be computed separately. The area of signage allowed for each lot frontage shall be displayed on the frontage for which it was calculated, and shall not be combined and placed on a single frontage unless otherwise provided in this Section, or when the structure has multiple tenants.
        3. c.
          Signage in multi-tenant structures shall first be calculated across all public street frontages to establish the overall permitted signage, and then allocated to each tenant unit based on an MSP created for the site, and submitted with each sign permit application.
        4. d.
          If a building does not have frontage on a dedicated public street, the owner of the building may designate the one building frontage that shall be used for the purpose of calculating the sign allowance.
      5. 5.
        Projection. Sign Projection is the distance measured horizontally from the face of a building to the outer extent of the sign structure.
        1. a.
          A sign or sign structure shall not project into a street, alley, right-of-way, or other public access.
        2. b.
          A sign or sign structure shall be more than two (2) FT from the edge of a street, alley, right-of-way, or other public access; setback restrictions and reductions apply (UDC Sec. 3-A-7(H) Setbacks.)
        3. c.
          A sign or sign structure shall not project more than six (6) FT from the building façade.
    2. H.
      Material Standards.
      1. 1.
        Carved or sandblasted wood; formed, etched, cast metal; and high density pre-formed foam or similar materials are encouraged. Raised borders and raised letters are encouraged. Mirrors or other reflective materials are prohibited.
      2. 2.
        Signs with reflective metallic surfaces or other synthetic materials shall be treated to reduce reflection from sunlight or artificial illumination on properties in the vicinity and on the vision of passing motorists and pedestrians.
      3. 3.
        The supporting structure of a freestanding sign shall not include a singular, exposed metal pole or column, but it should be entirely surrounded by a decorative pole or column cover that is architecturally compatible with the sign and building.
      4. 4.
        Plastics, such as acrylic and PVC, and/or highly reflective materials are not permitted.
      5. 5.
        Sign materials should be compatible with the architectural design of the building's façade, and should contribute to the legibility of the sign.
    3. I.
      Lighting Standards.
      1. 1.
        Property Limits. Sign lighting shall be calculated as part of the property limit requirements (UDC Art. 3.K.).
      2. 2.
        Fully Shielded Lighting: Light emitting devices (light bulbs, LED strips or tubes) used for illuminating a sign shall not be visible from the vehicular travel lanes of adjacent public rights-of-way. The use of shielding, designed so light from sign illuminating devices does not shine off-site without first being reflected off the sign or its background, is required whenever sign lighting is used.
      3. 3.
        Color and Brightness: The correlated color temperature ("CCT") of sign lighting shall not exceed three thousand (3,000) Kelvin per luminaire. The intensity of a single sign fixture shall not exceed eight hundred and fifty (850) lumens, the approximate lumen output equivalent of a sixty (60) watt incandescent bulb.
      4. 4.
        Direction of Lighting. All lighting fixtures shall be placed above the sign, and shall shine downward toward the sign. Illumination of signs shall not be directed off-site.
      5. 5.
        Internally Lit Signs. No sign that is placed on the exterior of a building, or on the interior of the building within five (5) FT of a window shall be internally lit.
      6. 6.
        Interior lit signs that emit light through the precast or formed letters and graphic elements shall be permitted, provided:
        1. a.
          A background area shall not be illuminated, only the individual lettering and graphic elements may be illuminated; and
        2. b.
          Light bulbs or lighting tubes used for illuminating a sign shall not be visible from the vehicular travel lanes of adjacent public right-of-way.
      7. 7.
        Window display lighting: Off-sight light trespass from window displays (i.e. backlit panels and/or LED glowing edges) is not permitted.
      8. 8.
        Component painting: All light fixtures, conduits, and shielding shall be painted to match or complement either the building or the supporting structure that serves as the background of the sign.

    (Ord. 25-639, 12/02/2025) 

    Effective on: 12/2/2025

    Sec. 3-K-1 Purpose

    The purpose of this Article is to:

    1. Permit the use of outdoor lighting that does not exceed the minimum levels specified in IES (Illuminating Engineering Society of North America) recommended practices for nighttime safety, utility, security, productivity, enjoyment, and commerce;
    2. Prevent the trespass of artificial light into rights-of-way and residential properties in ways that constitute a hazard to public safety or interfere the residential value of private property;
    3. Preserve the visual quality of the mountain and night sky that residents and visitors enjoy;
    4. Curtail light pollution, reduce skyglow and improve the nighttime environment for astronomy; and
    5. Promote energy conservation.

    Effective on: 6/12/2022

    Sec. 3-K-2 Applicability

  • Applicability. Except as described below, all outdoor lighting installed after the date of effect of this UDC shall comply with the requirements of this Article. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.
  • Exemptions. The following types of lighting are exempt from the requirements of this Article:
    1. Lighting within public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside the public right of way or easement, unless regulated with a streetlighting ordinance.  
    2. Underwater lighting in swimming pools and other water features.
    3. Temporary lighting for:
      1. Decorative seasonal lighting provided that individual lamps have a light output of seventy (70)  lumens or less;
      2. Emergency or nighttime work and construction; and
      3. Theatrical, television, and performance areas, or for special events authorized through a special event permit (Refer to Sec. 3-4-5, Special Event Permits, of the Town's Code of Ordinances).
  • Lighting by Special Permit Only. Lighting not complying with the technical requirements of this UDC, but consistent with the its intent may be installed pursuant to Sec. 5-E-10, Lighting by Special Permit, for the following uses including, but not limited to:
    1. Sports facilities, including but not limited to unconditioned rinks, open courts, fields, and stadiums;
    2. Construction lighting;
    3. Lighting for recreational sites having special requirements, such as nighttime skiing, snowmaking operations, snow grooming services, etc; and
    4. Ornamental and architectural lighting of bridges, public monuments, statuary and public buildings.
  • Effective on: 6/12/2022

    Sec. 3-K-3 General Regulations

  • A.
    Generally.
    1. 1.
      All luminaires shall be IDA (International Dark Sky Association) approved. IDA-approved luminaires are readily available. Luminaires with the symbol as shown in Figure 3-K-3-1, IDA Approval Symbol, will be compliant with the standards of the IDA.
  • Figure 3-K-3-1

    IDA Approval Symbol 

     
      1. 2.

        All luminaires shall be shielded so as not to:

        1. a.

          Be of excessive brightness;

        2. b.

          Cause glare hazardous to pedestrians or drivers;

        3. c.

          Create any public or private nuisance; or

        4. d.

          Unreasonably interfere with an adjacent property owner's right to enjoy their property.

      2. 3.

        Correlated Color Temperature (CCT) is limited to three thousand (3,000) Kelvin (K) per luminaire.

      3. 4.

        All luminaires shall be shielded so no light rays are emitted at angles which will allow the light to be cast beyond lot lines. Refer to Figure 3-K-3-2, Types of Luminaires.

      4. 5.

        All luminaires shall be shielded so no light rays are emitted at angles below a horizontal plane running through the lowest point of the luminous elements; the lamp or tube, any reflective surface or lens cover (clear or prismatic) must not be visible when viewed from above or the side.

      5. 6.

        All luminaires shall be mounted above the area to be illuminated.

      6. 7.

        Lighting shall only subtly illuminate functional and task areas such as building entrances, decks, patios, balconies, storage areas, garages, walks, address signage, and building complex signage.

      7. 8.

        All luminaires that are mounted on a building wall facing a lot line adjacent to a residential lot line or public right-of-way boundary shall be fitted with a house side shield on the side facing the residential lot line or public right-of-way boundary.

    Figure 3-K-3-2

    Types of Luminaires


    Mounted Light Fixtures
    Canopy Design
    1. B.

      Prohibited Lighting

      1. 1.

        Outdoor Lighting. The following types of outdoor lighting fixtures, types, and sources are prohibited in the Town:

        1. a.

          Blinking, flashing, rotating, or moving luminaires;

        2. b.

          Landscaping and architectural spotlights;

        3. c.

          Floodlights;

        4. d.

          Exposed illumination sources (e.g., light bulbs); and

        5. e.

          Mercury vapor and fluorescent lamps or bulbs, as their CCT (i.e., lighting temperature color) is significantly different from the daylight spectrum.

      2. 2.

        High Intensity and Special Purpose LightingThe following lighting systems are prohibited from being installed or used:

        1. a.

          Temporary lighting in which any single luminaire exceeds twenty thousand (20,000) initial luminaire lumens or the total lighting load exceeds one hundred and sixty thousand (160,000) lumens;

        2. b.

          Aerial lasers;

        3. c.

          Searchlights; and

        4. d.

          Other very intense lighting defined as having a light source exceeding two hundred thousand (200,000) initial luminaire lumens or an intensity in any direction of more than two million (2,000,000) candelas.

    2. C.

      Lighting Reduction Requirements

      1. 1.

        Generally. Lighting for all non-residential uses shall be extinguished one (1) hour after close of business unless there is a public safety hazard that is best mitigated using lighting. Lighting intended for security purposes shall use adaptive controls.

      2. 2.

        Exemptions to Subsection (C)(1) of this Section. Lighting reductions are not required for any of the following:

        1. a.

          Lighting for residential properties including multiple residential properties not having common areas (with the exception of landscape lighting);

        2. b.

          Lighting consisting of only one (1) luminaire;

        3. c.

          Code-required lighting for steps, stairs, walkways, and building entrances;

        4. d.

          Lighting levels that must be maintained in the opinion of the Town;

        5. e.

          Motion activated lighting;

        6. f.

          Lighting governed by a special use permit in which times of operation are specifically identified. Refer to Sec. 2-B-3, Limited and Special Uses;

        7. g.

          Businesses that operate on a twenty-four (24)-hour basis; or

        8. h.

          Parking lot lighting. Refer to Sec. 3-K-6Parking Lot Lighting Requirements. 

    (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Sec. 3-K-4 Non-Residential and Multifamily Lighting Requirements

  • A.
    Photometric Plan. A photometric plan shall be submitted unless the Director deems it unnecessary.
  • B.
    Requirements.
    1. 1.
      Property Limits. Non-residential and multifamily residential properties shall be limited to twenty-five thousand (25,000) lumens per net acre plus two thousand (2,000) lumens per acre beyond the first. 
    2. 2.
      Lighting Fixture Limits. Each lighting fixture shall be limited to one thousand and five hundred (1,500) lumens.
    3. 3.
      Luminaire Height. Freestanding and structure-mounted luminaires shall not exceed the height of the eave line, parapet wall, or twenty-one feet (21’), whichever is lower. 
    4. 4.
      Luminaire Ratings. All luminaires shall have a BUG Rating not to exceed:
      1. a.
        B1 rating for backlighting;
      2. b.
        U0 rating for uplighting; and
      3. c.
        G1 rating for glare.
    5. 5.
      Certification. Non-residential and multifamily lighting systems for shall be designed and certified by an engineer registered in the State of Colorado as conforming to all applicable restrictions of this UDC before construction commences. After installation is complete, the lighting system shall be again certified by a registered engineer in the State of Colorado to verify that the installation is consistent with the certified design.
  • Effective on: 6/12/2022

    Sec. 3-K-5 Single-Family Residential Lighting Requirements

  • A.
    Requirements. Unless an exemption per Subsection (B) of this Section is applicable, the following requirements apply to single-family residential properties.
    1. 1.

      Single-family residential properties, including multiple residential properties not having common areas, shall be limited to five thousand and one hundred (5,100) lumens.

    2. 2.

      Single-family residential properties with an ADU shall be limited to six thousand and five hundred (6,500) lumens.

    3. 3.

      Each lighting fixture shall be limited to eight hundred and fifty (850) lumens.

    4. 4.

      Freestanding and structure-mounted luminaries shall not exceed the height of the eave line, parapet wall, or fourteen feet (14'), whichever is lower.

  • B.

    Exemptions. The following are exempt from the requirements of Subsection (A) of this Section:

    1. 1.

      Open flame gas lamps; and

    2. 2.

      Lighting exempt per Sec. 3-K-2(B), Exemptions.

  • Effective on: 6/12/2022

    Sec. 3-K-6 Parking Lot Lighting Requirements

  • A.
    Generally. Parking facilities, including structured and open parking lots, spaces, drive aisles, entrances, stairways, and elevator lobbies must meet the illumination standards set out in Table 3-K-6, Parking Lot Requirements.
  • B.
    Photometric Plan. A photometric plan shall be submitted unless the Director deems it unnecessary.
  • C.
    Height Requirements.
    1. 1.
      Freestanding and structure-mounted luminaires illuminating parking lots for multi-family and single-family properties shall not exceed the height of the eave line, parapet wall, or fourteen feet (14'), whichever is less.
    2. 2.
      Freestanding and structure-mounted luminaires illuminating parking lots for commercial properties shall not exceed the height of the eave line, parapet wall, or twenty-one feet (21'), whichever is less.
  • D.
    Light Dimming. After close of business, event, or eleven o'clock (11:00) PM, whichever is later, adaptive controls that dim light levels by a minimum of fifty percent (50%) are required, although extinguishing the luminaires is encouraged.
  •   Table 3-K-6

    Parking Lot Requirements

     Standard Footcandle Requirement
     Minimum Horizontal Illuminance10.2 footcandles 
     Average Horizontal Illuminance1 0.3 footcandles
     Maximum Horizontal Illuminance1 5 footcandles
     Uniformity Ratio (Average to Minimum) 8:1
     Uniformity Ratio (Maximum to Minimum)20:1

    Table Notes:

    1. Measured on the parking surface, without any shadowing effect from parked cars or trees.

    Effective on: 6/12/2022

    Sec. 3-K-7 Existing Lighting Requirements

    Lighting installed prior to the effective date of this UDC shall comply with the following:

    1. A.
      Amortization. Reserved.
    2. B.
      New Uses or Structures or Change of Use. Whenever there is a new use of a property (zoning or variance change) or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this UDC before the new or changed use commences.
    3. C.
      Renovations, Additions, or Alterations.
      1. 1.
        Major Renovations. If a major renovation occurs on a property, lighting for the entire property shall comply with the requirements of this UDC. For purposes of this section, a significant exterior remodel is considered to be a major renovation. 
      2. 2.
        Major Additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this UDC. For purposes of this section, the following are considered to be major additions:
        1. a.
          Additions of twenty-five percent (25%) or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this UDC; and
        2. b.
          Single or cumulative additions, modification, or replacement of twenty-five percent (25%) or more of installed outdoor lighting luminaires existing as of the effective date of this UDC.
      3. 3.
        Minor Modifications, Additions, or New Lighting Fixtures for Non-residential and Multifamily Dwellings. For non-residential and multifamily dwellings, all additions, modifications, or replacement of more than twenty-five percent (25%) of outdoor lighting fixtures existing as of the effective date of this Article shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting. Any new lighting shall meet the requirements of this UDC.
      4. 4.
        Resumption of Use after Abandonment. If a property with nonconforming lighting is abandoned for a period of six (6) months or more, then all outdoor lighting shall be brought into compliance with this Article before any further use of the property occurs.

    Effective on: 6/12/2022

    Sec. 3-K-8 Enforcement and Penalties

  • Generally.
    1. The provisions of this Article shall be administered by the Director or other authorized Town officer or employee.
    2. It shall be unlawful to violate any provision of this Article. Any continuing violation of this Article is hereby declared to be a nuisance, which may be abated by the Town in any lawful manner or enjoined by a court of competent jurisdiction.
    3. No Building Permit or Certificate of Occupancy shall be issued for work which has nonconforming luminaires.
  • Enforcement and Penalties.
    1. Redirection of the luminaire;
    2. Shielding of the light source;
    3. Redesign or relocation of the luminaire;
    4. Replacement of the luminaire with a conforming luminaire; or
    5. Removal of the luminaire.
  • Effective on: 6/12/2022

    Subsec. 3-C-2-1 Purpose and Intent
  • A.
    Purpose
    1. 1.
      The standards of this Section are appropriate for areas that have physical characteristics limiting development, so that development occurs in a manner that minimizes the adverse environmental and visual problems associated with drainage, erosion, earth movement, and vegetation removal. These standards consider the natural constraints of a site to accommodate development that:
      1. a.
        Is sensitive to the natural, wild environment;
      2. b.
        Incorporates safeguards to maximize public health, safety, and general welfare; and
      3. c.
        Minimizes changes to the visual quality of the hillside.
    2. 2.
      The hillside conservation standards are designed to protect and enhance the Town's unique natural assets, environment, wildlife habitat, and significant scenic views and vistas. Hillside areas are places of special character that affect and are affected by their surroundings.
  • B.
    Applicability.
    1. 1.
      Generally. Any rezoning, subdivision, site plan, or building permit shall be subject to regulations and standards of this Section.
    2. 2.
      Exceptions. Except as provided below, the regulations of this Section apply to those portions of parcels or lots proposed for development where slopes of twenty percent (20%) or more are impacted. The following types of development are exempt from the provisions of this Section:
      1. a.
        Exterior building maintenance and repairs;
      2. b.
        Interior alterations;
      3. c.
      4. d.
        Development necessary to comply with Title 6, Chapter 1, Building Codes, of the Town's Code of Ordinances; and
      5. e.
        Development necessary to ensure the immediate public health or safety as required by the Town Council.
  • (Ord. 23-603, 06/11/2023) 

    Effective on: 6/11/2023

    Subsec. 3-C-2-2 Protection of Hillsides and Ridgelines
  • A.
    Generally.
    1. 1.
      The development standards set out in this Section apply to those portions of parcels or lots proposed for development where slopes of twenty percent (20%) or greater are impacted. These standards also apply to flat areas on top of ridgelines or hillcrests that have significant visibility or that may be identified as significant natural features or distinctive landforms. Sec. 3-C-2-3, Streets, Driveways, Parking, and Emergency Vehicle Access on Hillsides, provides special provisions for hillsides that meet this slope threshold that are located within one hundred feet (100') from the top of bank of a watercourse.
    2. 2.
      Any rezoning, subdivision, annexation, development, planned development, site plan, or building approval or permit shall be subject to compliance with the hillside regulations, regardless of whether specific reference to the hillside regulations is made in the UDC section governing such approval or permit process.
  • Table 3-C-2-2-1

    Hillside Regulations for Land Use Type

    Land Use Type  <20%20%-29.9% 30% or more 
    Single Family Residential - Existing LotNo Hillside Review Admin.Admin 
    Single Family Residential - New Lot Subdivision No Hillside ReviewAdmin. & Subd.Prohibited
    Multifamily - Existing Lot No Hillside ReviewAdmin. Admin.
    Multifamily - New Lot Subdivision No Hillside ReviewAdmin. & Subd. Prohibited
    Commercial or Mixed Use - Existing Lot  No Hillside ReviewAdmin. Admin.
    Commercial or Mixed Use - New Lot Subdivision  No Hillside ReviewAdmin. & Subd. Prohibited
    Access to an Existing Lot No Hillside ReviewAdmin. Admin.
    Access to a New Lot Subdivision  No Hillside ReviewAdmin. Admin.
    Significant Vegetation Removal1  No Hillside ReviewAdmin. Prohibited
    Table Notes:

    Admin. = Administrative Review

    Subd. = Subdivision Process

    1. Fire mitigation projects in the Wildfire-Urban Interface are exempt.

    Table 3-C-2-2-1

    Hillside Regulations for Land Use Type

    Land Use Type  <20%20%-29.9% 30% or more 
    Single Family Residential - Existing LotNo Hillside Review Admin.Admin 
    Single Family Residential - New Lot Subdivision No Hillside ReviewAdmin. & Subd.Prohibited
    Multifamily - Existing Lot No Hillside ReviewAdmin. Admin.
    Multifamily - New Lot Subdivision No Hillside ReviewAdmin. & Subd. Prohibited
    Commercial or Mixed Use - Existing Lot  No Hillside ReviewAdmin. Admin.
    Commercial or Mixed Use - New Lot Subdivision  No Hillside ReviewAdmin. & Subd. Prohibited
    Access to an Existing Lot No Hillside ReviewAdmin. Admin.
    Access to a New Lot Subdivision  No Hillside ReviewAdmin. Admin.
    Significant Vegetation Removal1  No Hillside ReviewAdmin. Prohibited
    Table Notes:

    Admin. = Administrative Review

    Subd. = Subdivision Process

    1. Fire mitigation projects in the Wildfire-Urban Interface are exempt.

    Table 3-C-2-2-1

    Hillside Regulations for Land Use Type

    Land Use Type  <20%20%-29.9% 30% or more 
    Single Family Residential - Existing LotNo Hillside Review Admin.Admin 
    Single Family Residential - New Lot Subdivision No Hillside ReviewAdmin. & Subd.Prohibited
    Multifamily - Existing Lot No Hillside ReviewAdmin. Admin.
    Multifamily - New Lot Subdivision No Hillside ReviewAdmin. & Subd. Prohibited
    Commercial or Mixed Use - Existing Lot  No Hillside ReviewAdmin. Admin.
    Commercial or Mixed Use - New Lot Subdivision  No Hillside ReviewAdmin. & Subd. Prohibited
    Access to an Existing Lot No Hillside ReviewAdmin. Admin.
    Access to a New Lot Subdivision  No Hillside ReviewAdmin. Admin.
    Significant Vegetation Removal1  No Hillside ReviewAdmin. Prohibited
    Table Notes:

    Admin. = Administrative Review

    Subd. = Subdivision Process

    1. Fire mitigation projects in the Wildfire-Urban Interface are exempt.

    Table 3-C-2-2-1

    Hillside Regulations for Land Use Type

    Land Use Type  <20%20%-29.9% 30% or more 
    Single Family Residential - Existing LotNo Hillside Review Admin.Admin 
    Single Family Residential - New Lot Subdivision No Hillside ReviewAdmin. & Subd.Prohibited
    Multifamily - Existing Lot No Hillside ReviewAdmin. Admin.
    Multifamily - New Lot Subdivision No Hillside ReviewAdmin. & Subd. Prohibited
    Commercial or Mixed Use - Existing Lot  No Hillside ReviewAdmin. Admin.
    Commercial or Mixed Use - New Lot Subdivision  No Hillside ReviewAdmin. & Subd. Prohibited
    Access to an Existing Lot No Hillside ReviewAdmin. Admin.
    Access to a New Lot Subdivision  No Hillside ReviewAdmin. Admin.
    Significant Vegetation Removal1  No Hillside ReviewAdmin. Prohibited
    Table Notes:

    Admin. = Administrative Review

    Subd. = Subdivision Process

    1. Fire mitigation projects in the Wildfire-Urban Interface are exempt.

    1. B.
      Hillside Protection Review Process and Required Submittals.
      1. 1.
        ​The development review and permitting process is determined by the slope of the area on which the work is to be done. All proposals or development activity including grading, modifying, and / or disturbing of slopes of twenty percent (20%) or greater require application, review, and approval. An application is also required for all annexations, rezonings, or subdivisions of properties which have slopes of twenty percent (20%) or greater.
      2. 2.
        A completed application must be filed with the Planning Division along with the appropriate fee and all required submittal materials. An application is required for all persons desiring to remove significant vegetation (coniferous trees six feet (6') and taller, deciduous trees four inches (4") in circumference or greater) on slopes of twenty percent (20%) or greater. The topography of a parcel is measured using actual ("natural") slope instead of average slope.
      3. 3.
        A rejection of the project may be appealed to the Planning Commission in accordance with the procedures set out in Sec. 5-F-2, Administrative Appeals.
    2. C.
      Landscape Anomalies and Cut Slopes. Under certain conditions, the grading standards can be administratively waived due to the existence of landscape anomalies or slopes which were created by a previous excavation. A landscape anomaly, such as a mound or pit, or cut slope may create a steep slope within an otherwise relatively flat area of land. A small land form may be allowed to be graded, so that a small feature would not render unbuildable an otherwise buildable location.
    3. D.
      Conflicting Requirements. In the event of overlapping or conflicting requirements between the hillside regulations and other provisions or regulations under the UDC, the more restrictive provisions shall apply. 

    Effective on: 6/12/2022

    Subsec. 3-C-2-3 Streets, Driveways, Parking, and Emergency Vehicle Access on Hillsides
  • Generally. The standards of this Section apply to the design of streets, driveways, parking, and emergency vehicle access ("vehicular improvements") on hillsides. The limitations of Subsection B, below, apply in riparian areas with qualifying slopes.
  • Riparian Areas. When a hillside is within one hundred feet (100') of the top of bank of a natural watercourse, streets, driveways, access, and parking shall not be constructed on that hillside except as necessary to provide essential access or a necessary crossing of a waterway.
  • Design and Grading. The grading of slopes shall be minimized by aligning vehicular improvements to conform to existing grades as closely as is possible, and consistent with safe geometric design. Vehicular improvements shall be designed to:
    1. Minimize the alteration of the physical and visual character of the hillside (e.g., large notches in ridgelines should be avoided); and
    2. Retain natural landforms by utilizing gentle horizontal and vertical curves in alignments (i.e., alignments on the hillside should be neither wider nor straighter than necessary).
  • Streets. The Town Engineer may allow a proposed street to cross a thirty percent (30%) slope or more only if it is demonstrated that:
    1. The street serves one (1) or more of the following purposes:
      1. The street is necessary in order to serve a dwelling unit on an existing lot of record;
      2. The street is shown on recorded plat or part of a road network described in a Final Development Plan; or
      3. The street provides a community benefit that cannot be provided in a cost-effective and technically feasible manner in an alternative location.
    2. The street shall be designed to meet the following objectives:
      1. The street is aligned in a location that:
        1. Is least disruptive to the steep slope; and
        2. Minimizes cut and fill by following natural contours.
      2. Streets and driveways that are necessary to serve dwellings on existing lots shall limit the amount of grading necessary by designing the dwelling placement and access points where they have the least impact on the hillside.
      3. Streets may be split into two (2), parallel one-way streets (thereby effectively functioning as a two-way street with a land "median") in steeper areas to minimize grading and to blend with the terrain. Cul-de-sac or loop roads are encouraged where necessary to fit the terrain.
      4. Streets must not be parallel to one another to avoid a “shelving” effect on hillsides.
      5. Modified street standards may be approved by the Town Engineer to reduce required grading.
      6. Retaining walls shall blend with the natural features of the setting. Use of native rock or use of other masonry shall convey a scale and texture similar to that of traditional rock or traditional materials found within the natural setting. Limit the height of a retaining wall to less than six feet (6'). Where greater heights in a retaining wall must occur, use a series of terraced or stepped walls. The width of a retaining terrace shall not be less than five feet (5'). The Director may vary the retaining wall height and width requirements depending on site conditions.
    3. When no retaining wall is to be used, avoid making cuts too steep to accomplish revegetation of the affected hillside.
  • Curb Cut Width. Refer to the Standards and Specifications for Design and Construction.
  • Garage Location. Generally, garages shall not be located in the front of the lot or parcel proposed for development. However, an exception may be granted by the Director where necessary to avoid extensive cut and fill. In such circumstances, the appearance of the garage doors shall be minimized from street level vantage points.
  • Driveways. In order to limit the impact of driveways on sloped lands, the following standards apply:
    1. Grading of slopes of thirty percent (30%) or more in order to construct a driveway shall be allowed only if it is necessary to serve a dwelling unit on an existing lot of record and there are no feasible alternative locations for access with lesser slope.
    2. Driveways shall generally follow existing contours.
    3. Minimum grading shall occur to accommodate the driveway. Minimizing grading shall be a priority in terms of driveway design and building placement.
    4. Non-shared driveways should be narrowed to twelve feet (12'), when feasible.
    5. Shared drives shall be a maximum of a twenty foot (20') wide paved driving surface and should be narrowed to a sixteen foot (16') wide paved driving surface with two-foot (2') gravel shoulders on each side, when feasible.
    6. Shared driveways shall be utilized to minimize hillside cuts whenever feasible.
    7. Driveways should take up the grade of the slope rather than cutting into or manipulating the topography.
    8. Driveway cuts shall be screened with a rock wall, plant materials, and / or other features.
    9. Driveways shall be designed to minimize erosion due to drainage.
  • Effective on: 6/12/2022

    Subsec. 3-C-2-4 Utilities
    All utilities shall follow road and driveway corridors where possible. New utilities shall be underground, unless the situation where burying the lines would require significant blasts to clear masses of outcrops or rock formations. Alternatives to utility placement shall be approved by the Town Engineer.

    Effective on: 6/12/2022

    Subsec. 3-C-2-5 Hillside and Ridgeline Design Standards
  • A.
    Generally. Development activities that impact slopes of twenty percent (20%) or more shall meet the design objectives set out in this Section.
  • B.
    Building and Respect for the Natural or Existing Topography.
    1. 1.
      Location and Site Design Standards.
      1. a.
        Buildings shall be designed to fit the lot or parcel, rather than substantially modifying the grade of the lot or parcel to fit the building. Buildings, access drives, and lawns shall be designed and configured to maintain as much of the natural landform as possible.
      2. b.
        Where areas of the parcel or lot are already disturbed, the existing, disturbed areas shall be used for building envelopes rather than undisturbed areas, provided that such areas are of an adequate area and shape and do not pose a geological hazard or other safety issues.
      3. c.
        Structures should be located to preserve or protect significant natural features of the site, such as landforms, rock outcroppings, mature trees and vegetation, drainage courses, hilltops, and ridgelines.
      4. d.
        Locate buildings to balance the following objectives for the optimization of the site for outward views:
        1. 1.
          To retain or enhance view from off-site view points; and 
        2. 2.
          To respect privacy, access to light, and safety of neighboring properties.
    2. 2.
      Building Mass and Scale.
      1. a.
        Building form shall be planned to enhance the site's natural features (if practicable), and to blend with the natural terrain.
      2. b.
        The mass and scale of buildings shall respect the natural surroundings and unique visual resources by incorporating designs which minimize or mitigate bulk and mass, follow natural topography, and minimize visual intrusion on the natural landscape.
      3. c.
        Structures shall be designed to blend into the natural character of the hillside by reducing the visual bulk through landscaping, terraced building forms, appropriate building materials and colors, and height variations. Split-pad and stepped foundations shall be used where necessary to minimize cut and fill, and to create forms that step down or step up with the natural slope to avoid padding and to mitigate the appearance of building mass.
      4. d.
        A series of smaller, visually distinct roofs, specifically pitched, gabled and hipped roofs, shall be utilized on buildings with a floor plate that is larger than two thousand and five hundred (2,500) square feet, in order to reflect the visual diversity of the natural hillsides, except that in the Wildland-Urban Interface (WUI), fire-resistant design shall take priority over varied roof forms.
      5. e.
        Reflective materials shall not be used for roofing.
      6. f.
        The maximum overhang for any deck or cantilevered building design which extends over a downhill slope is ten feet (10'). In the WUI, overhanging decks and cantilevered building elements are not allowed.
  • Figure 3-C-2-5-1

    Appropriate Hillside Development 

     

    Figure 3-C-2-5-1

    Appropriate Hillside Development 

     

    Figure 3-C-2-5-1

    Appropriate Hillside Development 

     

    Figure 3-C-2-5-1

    Appropriate Hillside Development 

     
    1. C.
      Design with Slope.
      1. 1.
        When feasible, locate the principal building on the flat part of the site and off the slope. Where such locations are not feasible, foundation systems, home designs, and driveways shall be used to take up grade.
      2. 2.
        Foundation corners shall match the natural grade as much as practicable.
      3. 3.
        Buildings that must be constructed on steep slopes shall be designed with stepped foundations and structures that follow the slope as outlined in Figure 3-C-2-5-1, Appropriate Hillside Development.
    2. D.
      Grading.
      1. 1.
        Grading shall be limited to that which is necessary to construct the house, driveway, and a limited area for yard purposes.
      2. 2.
        No site alterations shall exceed a one-foot (1') elevation change within one foot (1') of any lot line.
      3. 3.
        A grading permit shall be required prior to the commencement of grading activities on slopes of twenty percent (20%) or more.
    3. E.
      Retaining Walls.
      1. 1.
        Generally, retaining walls should be used to minimize the impacts of cut and fill on steep slopes on a site (for example, to ensure the safe development of a lot or parcel, or for the control of stormwater runoff or erosion). Otherwise, retaining walls shall be avoided. Retaining walls are not acceptable when their purpose is to create flat yards.
      2. 2.
        Retaining walls shall blend with the natural features of the setting. Use of native rock or use of other masonry shall convey a scale and texture similar to that of traditional rock or traditional materials found within the natural setting. Limit the height of a retaining wall to less than six feet (6'). Where greater heights in a retaining wall must occur, use a series of terraced or stepped walls. The width of a retaining terrace shall not be less than five feet (5'). The Director may vary the retaining wall height and width requirements depending on site conditions.
    4. F.
      Ridgeline Setback and Landscape Bufferyard.
      1. 1.
        Generally, buildings shall be set back forty-five feet (45') from top of slope or ridgeline. 
      2. 2.
        A landscape Type C bufferyard between the building and the ridgeline shall be installed and maintained. Existing, healthy vegetation shall be counted towards this requirement. (See Sec. 3-I-5, Bufferyards.)
      3. 3.

        ​Property owners may elect to dedicate a ridgeline easement to protect highly visible and significant ridgelines and views. In the case of a ridgeline easement, the height of any structure shall be not less than fifty (50) vertical feet below the low point of the easement, and the structure must be a minimum of two hundred (200) horizontal feet from the nearest edge of the easement.

        1. a.

          ​Easements may also be dedicated on hillsides that are not ridgelines.

        2. b.

          In the area of the ridgeline easement native vegetation shall remain undisturbed.

    5. G.
      Subdivisions and Developments with Multiple Buildings.
      1. 1.
        Development clusters are encouraged to preserve natural features, reduce grading and impervious surface area, increase usable open space areas, and preserve views of the hillsides.
      2. 2.
        For developments with multiple buildings, buildings should have height variations in order to minimize a "walled" effect or a repetitive appearance. Wherever possible, the buildings should be positioned so that they appear to be "tucked" into the hillside and not easily visible from below. 
    6. H.
      Slopes of Thirty Percent (30%) or More. On slopes of thirty percent (30%) or more, the following standards apply in addition to the standards of Subsection B, above:
      1. 1.
        For new subdivisions, building envelopes shall be created outside of slopes greater than thirty percent (30%). In areas in which this is not possible, new lots shall not be created.
      2. 2.
        No construction activities shall occur outside of the building envelope except approved driveways that are designed according to the standards of Section 3-C-2-3, Streets, Driveways, Parking, and Emergency Vehicle Access on Hillsides.
      3. 3.
        The standards set out in Subsections D.1 and D.2, above, shall not be interpreted to preclude development of an existing lot or parcel with a single-family detached Dwelling unit. On existing lots or parcels that are developed or redeveloped with single-family detached buildings, detached garages or garages below grade are encouraged. Garages that are constructed below grade shall be screened from views from vantage points that are parallel to the contour lines of the hillside where such designs are feasible.
    7. I.
      Modification of Setbacks. Flexibility in required setbacks may be considered in order to avoid altering steep slope areas. The Director may allow the application of alternative setbacks in order to avoid or minimize alterations to steep slope areas, as follows:
      1. 1.
        Front and side setback requirements may be varied to protect an existing slope. Minimum setbacks shall be established during the preliminary design review. Setback adjustments shall ensure a minimum of twenty feet (20') of spacing between the proposed development and buildings on abutting lots.
      2. 2.
        Setbacks along the portion of a lot furthest from a ridgeline may be reduced to minimize encroachment on the skyline.
      3. 3.
        Varied and staggered front building setbacks are encouraged in hillside residential subdivision layout. This is consistent with the natural hillside character and will reduce the visual monotony and "walled" effect of repetitive setbacks.
      4. 4.
        Setback adjustments shall not create or exacerbate encroachments into Special Flood Hazard Areas.

    Effective on: 6/12/2022

    Subsec. 3-C-3-1 Purpose and Intent
  • Purpose​​​This Section establishes minimum acceptable standards for development within Water Quality Setbacks, wetland development, and requirements for the design of vegetated buffers. The standards of this Section are appropriate for areas that contain watercourses, wetlands, and floodplains in order to protect: 
    1. Watercourses, wetlands, and floodplains.
    2. The water quality of Fraser River, Vasquez Creek, and other significant water resources; and
    3. Riparian and aquatic ecosystems;
    4. The environmentally sound use of land resources;
    5. This section achieves these purposes by: restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; and controlling the alteration of natural flood plains, stream channels, and natural protective barriers that help accommodate or channel flood waters and provide other benefits as described in the following sentence.
  • Benefits. Water quality setbacks, wetlands, and vegetated buffers provide numerous environmental protection and resource management benefits that can include: restoring and maintaining the chemical, physical, and biological integrity of water resources; reducing pollutants delivered from stormwater runoff; reducing erosion and sediment entering rivers, creeks, and streams; stabilization of stream banks; Infiltration of stormwater runoff; maintaining the base flow of watercourses; contributing organic matter as a source of food and energy for the aquatic ecosystem; providing tree canopy to shade streams and promote desirable aquatic organisms; providing riparian wildlife habitat; furnishing scenic value and recreational opportunity; protecting the public from flooding, property damage and loss; and providing sustainable, natural vegetation.
  • Effective on: 6/12/2022

    Subsec. 3-C-3-2 Water Quality Setback
  • A.
    Purpose. This Section establishes minimum acceptable standards for development within Water Quality Setbacks.
  • B.
    Applicability. This Section applies to proposed improvements associated with all land development activity requiring rezoning, subdivision, site plan, final development plan amendment, or a building permit on property containing a watercourse. These requirements are in addition to, and do not replace or supersede, any other applicable stormwater management requirements such as the Standards.
  • C.
    Watercourse Setback. The Water Quality Setback shall be thirty feet (30') from the high water mark of the watercourse and shall be kept as a vegetated buffer unless otherwise exempted in the Section. 
  • D.
    Requirements. Vegetated buffers are required to be maintained in the Water Quality Setback as outlined in Sec. 5-A-4-3, Vegetated Buffers.
  • E.
    Exemption. Any existing use is exempt from the requirements of this Section but must meet the requirements for compliance for any new development requiring a site plansubdivision, or building permitAdditionally, the following uses are allowed within the Water Quality Setback:
    1. 1.
      Any new structure located on a lot within Blocks 1-2, Winter Park Village shall have a minimum water quality setback of fifteen feet (15') from the Fraser River and Buck Creek, measured from the approximate high water mark of the river embankment upon approval of a site plan detailing a vegetated buffer as outlined in Subsec. 5-A-4-3 Vegetated Buffers.
    2. 2.
      A public walking or bicycle path installed a minimum of five (5) lateral feet landward from the watercourse, measured horizontally on a line perpendicular to the location of the normal high water mark of both sides of a watercourse
    3. 3.
      Access to public piers provided that any impervious surface utilized to facilitate such access shall be as minimal as is required to accommodate the access
    4. 4.
      Encroachments of permitted underground utility systems, provided that such systems must cross the Water Quality Setback as close to perpendicular as practicably possible
    5. 5.
      Public streets authorized by the Town Council, as applicable.
    6. 6.
      Dikes, embankments, walls, reservoirs, pumping stations or other drainage works approved by the federal, state, or local regulations. Installation should be encouraged as far back as possible from the Fraser River and Vasquez Creek, to allow for more natural buffer and floodplain processes.
    7. 7.
      No allowable use may be permitted within the Water Quality Setback unless adequate and proper measures are specifically undertaken in connection with the location and/or construction of such use or uses to ensure that the water holding capacity of the floodplain is substantially maintained without upstream flooding, without endangering properties of adjacent owners, and without interfering or diminishing the basic flow of the waterway or watercourse.
  • F.

    Prohibited Uses. The following uses are prohibited in the Water Quality Setback:

    1. 1.

      Use, storage, or application of pesticides, except for the spot spraying of noxious weeds or nonnative species;

    2. 2.

      Filling or dumping including but not limited to yard waste;

    3. 3.
      Grading, stripping, or other soil disturbing practices;
    4. 4.

      Clearing of existing vegetation unless permitted as seen in Article 5.D, Tree Removal and Protection;

    5. 5.

      Draining the buffer area by ditching, underdrains, or other systems; and

    6. 6.

      Storage or operation of motorized vehicles except for maintenance or emergency use.

  • Effective on: 6/12/2022

    S
    Subsec. 3-C-3-3 Vegetated Buffers

    See Sec. 3-I-5(I), Bufferyards.

    Effective on: 6/12/2022

    Subsec. 3-C-3-4 Wetlands
  • A.
    Purpose and Intent. This Section establishes minimum acceptable standards for wetland development. The wetland regulations set forth in this Section are intended to be consistent with and operate in conjunction with the standards that existed prior to the U.S. Supreme Court's decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023). This includes wetland mitigation standards previously set forth in Section 404 of the Federal Clean Water Act (CWA) prior to the Sackett decision and previously administered by the U.S. Army Corps of Engineers. The wetland disturbance provisions of this Code apply to any wetlands within Town boundaries notwithstanding any Federal jurisdictional determination on waters or wetlands within Winter Park by the U.S. Army Corps of Engineers of the U.S. Environmental Protection Agency.
  • B.
    Applicability. This Section applies to all areas within the Town containing a wetland, as defined by this UDC.
  • C.
    Independent Survey Requirements. In light of the purpose and intent of this Section, if there is any evidence that a site subject to disturbance may contain wetlands, as defined in Article 7.C of this UDC, the Town shall require the permittee to obtain and submit a wetlands survey by an independent third-party consultant specializing in wetlands delineations, as recognized by the U.S. Army Corps of Engineers on its "Wetlands Delineation Consultants List," as may be amended. The expense of this wetlands survey shall be borne entirely by the permittee. The Town may also seek validation of the report through an independent third-party consultant retained by the Town.
  • D.
    Disturbance of Wetlands. No disturbances shall occur within a wetland, unless approved by any applicable state agency regulations that may be adopted as anticipated by House Bill 24-1379, or authorized by the Town Council's issuance of a Wetland Disturbance Permit as described in below. Any disturbance of wetlands requires issuance of a Wetland Disturbance Permit upon the satisfaction of either compensatory mitigation or actual mitigation, as described below.
    1. 1.
      Compensatory Mitigation. The Planning Commission may recommend to Town Council and Town Council may issue a Wetland Disturbance Permit when compensatory mitigation is deemed sufficient. If the Planning Commission or the Town Council determines there is no practicable alternative to the filling of a wetland, a development project shall require compensatory mitigation. Compensatory mitigation is required for projects that result in unavoidable impacts on more than 1/10 of an acre of wetlands. Mitigation may include restoring a degraded or drained wetland, creating a new wetland, enhancing an existing wetland, or preserving an existing wetland. A permittee is responsible for mitigation and may fulfill compensatory mitigation obligations through one of the following mechanisms: (1) Wetland mitigation banking in which the permittee purchases mitigation credits from wetland banks, depending on the number of credits required for the area of impacted wetland; (2) In-lieu fee program mitigation in which a third party collects mitigation funds from a large number of permittees and pools these financial resources to create a new mitigation wetland; and (3) Permittee-responsible mitigation in which the permittee maintains responsibility for achievement of compensation obligations imposed under Section 404 of the CWA or alternative regulatory regimes. Permittees may opt to complete wetland compensation on their own or may contract an authorized agent or consultant to restore, establish, enhance, and/or preserve wetlands.
    2. 2.
      Actual Mitigation. If compensatory mitigation is not feasible, the Planning Commission may recommend to Town Council and Town Council may issue a Wetland Disturbance Permit requiring actual mitigation. When these compensatory mitigation methodologies are not suitable, a minimum acreage replacement ratio of 1:1 for actual mitigation shall be used.
    3. 3.
      Encroachment. All mitigation measures apply to permanent encroachments; temporary encroachments do not trigger mitigation measures.
  • E.
    Compliance with Permit Requirements. Prior to final approval of a subdivision, site plan, building permit or grading permit, the permittee shall submit a plan to meet the standards set forth in this Section. If the site contains areas deemed a jurisdictional wetland by the U.S. Army Corps of Engineers, the permittee shall present evidence of compliance with Section 404 of the CWA. Areas that contain wetlands that are determined to be nonjurisdictional by the U.S. Army Corps of Engineers or the Environmental Protection Agency, per the CWA, may still be considered wetlands of the Town. Moreover, if the site contains what are delineated as wetlands under the U.S. Army Corps of Engineers Wetlands Delineation Manual and the 2012 Supplement for Western Mountain and Valleys, attached hereto and incorporated herein as Appendix B, or areas that would meet the definition of wetlands per these manuals, as determined by a third-party consultant specializing in wetlands, then those wetland areas are wetlands of the Town and subject to these regulations. Documentation and compliance with all potential wetland matters shall remain the sole and ongoing responsibility of the permittee, and any failure to maintain such compliance may lead to suspension or revocation of the Wetlands Disturbance Permit and any other approvals issued by the Town under this UDC.
  • F.
    Financial Guarantee. A development improvements agreement and associated financial guarantee to ensure the requirements of this Section are met shall be posted in accordance with Section 4-B-4, Development Improvements Agreement, or as otherwise provided for in this UDC. The term of the financial guarantee for the period following installation shall be a minimum of two (2) growing seasons in order to ensure that successful, stable plant establishment is achieved for all wetland plantings.
  • G.
    Penalties. Documentation and compliance with the CWA and these UDC standards shall remain the sole and ongoing responsibility of the permittee, and any failure to maintain such compliance may lead to suspension or revocation of any approvals provided under this UDC.
  • (Ord. 24-623, 09/08/2024) 

    Effective on: 9/8/2024

    Subsec. 3-C-4-1 Disclaimer
    The degree of hazard protection intended to be provided by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This regulation does not imply that the areas outside of established hazard boundaries or uses permitted within these boundaries will be totally free from damage caused by these hazards. This regulation shall not create any liability on the part of, or cause an action against, the Town, the Town Council, or any officer or employee or official (elected or appointed) thereof for damages that may result from reliance on the regulations set out in this Section.

    Effective on: 6/12/2022

    Subsec. 3-C-4-2 Designation of Hazard Areas
  • Official Hazard Area Maps. Maps and documentation regarding the general location of geologic and wildfire hazard areas ("Official Hazard Area Maps") are on file with the Planning Division.
    1. Geologic Hazard Areas. Geologic hazard areas are identified on maps prepared by the Colorado Geological Survey and other qualified geological professionals.
    2. Wildfire Hazard Areas. Wildfire hazard areas are identified on maps prepared by the Colorado State Forest Service.
  • Site-Specific Delineation. The maps described in Subsection A, above, define only approximate boundaries of hazard areas. The maps serve primarily as notice that geologic and/or wildfire hazards are known to exist on or near a parcel proposed for development, such that further analysis may be necessary. Precise boundary delineations require site-specific evaluation by qualified professionals.
  • Effective on: 6/12/2022

    Subsec. 3-C-4-3 Geologic Hazard Mitigation
  • Generally. This Section is not intended to categorically preempt all future development. The mitigation that may be required by this Section shall be proportionate to the nature, severity, and frequency of the hazard and the nature and intensity of the proposed land use.
  • Engineering Study.
    1. If a parcel proposed for development is known or reasonably suspected to be in a geologic hazard area , then the Town may require the applicant to provide a site-specific engineering study to:
      1. Delineate the hazard;
      2. Define its degree of severity;
      3. Determine its frequency and probability of recurrence;
      4. Evaluate the compatibility of the proposed land use;
      5. Propose appropriate mitigation measures to reduce risks to people, property, and natural resources; and
      6. Propose ongoing operations and maintenance programs to ensure that the mitigation measures function properly.
    2. All reports and studies required by this Section shall be prepared by a "professional geologist", as defined by C.R.S. §34-1-01, as amended, or a "registered professional engineer," as defined by C.R.S. §12-25-102, as amended, under the direction of and at the expense of the owner or applicant.
    3. The extent of the site-specific investigation required shall be determined by the geologist or engineer who is responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to certify to one of the following:
      1. The site can be developed for the specific development that is proposed, without corrective engineering, engineered construction, or other mitigation or alterations;
      2. The site is a geologically sensitive area, but the specific development that is proposed:
        1. Can be constructed with corrective engineering, engineered construction, or other mitigation or alterations which mitigate the risks to the occupants of the development such that they are reasonable; and
        2. Will not increase the hazard to other property or structures or to public buildings, rights-of-way, streets, easements, utilities or facilities, or other properties of any kind; or
      3. The site is a geologically sensitive area on which the specific proposed development is not appropriate because there are no mitigation techniques that could reduce the risks created by the geologic hazard to a reasonable level with respect to:
        1. Occupants and property on the parcel proposed for development; and
        2. Other property or structures, public buildings, rights-of-way, streets, easements, utilities, or facilities of any kind that are currently affected by the hazard or that would likely be affected by the hazard if the proposed development occurred.
  • Effect of Study.
    1. If the conclusion of the engineer or geologist performing the investigation is that the site can be developed for the specific structure or activity proposed without corrective engineering, or engineered construction, or other mitigation or alterations, the subdivision plan, building permit, or grading permit may be approved without conditions relating to the mitigation of the areas of geologic sensitivity.
    2. If the finding of the engineer or geologist performing the geologic investigation is that the site is a geologically sensitive area, but that corrective engineering, engineered construction, or other mitigation or alterations can be accomplished to reduce the danger to the public health and safety or to property to a reasonable level, and such mitigation does not increase the hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities, or facilities, approval of the development plan and / or the issuance of the building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering and engineered construction or other litigation or alterations as set out in this Section.
    3. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure or use proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable level, the subdivision plan or building permit or grading permit shall be denied.
  • Techniques. Mitigation techniques shall be consistent with the purposes of this UDC. Examples of mitigation techniques which may be acceptable are:
    1. Retaining walls, fill, rock bolting, or pilings.
    2. Diversion, channeling, damming, or barriers.
    3. Excavation of unstable areas, bridging of weak zones, or proper distribution of loading.
    4. Improvement of surface and subsurface drainage.
  • Construction Requirements. The following requirements shall pertain to the construction of any building or structure to be built in an identified or designated area of geologic sensitivity and which requires corrective engineering or engineered construction or other mitigation or alterations to reduce the danger to public health and safety or to property posed by the development of a geologically hazardous area:
    1. The certified site specific reports and plans required by this Section shall be prepared by each engineer and geologist as applicable to their area of expertise and specialty, and shall certify that:
      1. Adequate base data as may be pertinent has been provided.
      2. Said base data is utilized in the design and planning of the proposed project or structure.
      3. Design and construction procedures derived from said base data are executed.
      4. Design and construction will reduce danger to the public health, safety, or property due to geologic sensitivity to a reasonable level.
    2. No certificate of occupancy, temporary or permanent, shall be issued until the following have been approved by the Department:
      1. Inspection and certification by the Building Official and the engineer or geologist who prepared the plans and specifications that the work was properly performed in accordance with the plans and specifications.
      2. If the engineer, geologist, or Building Official find that the work is not being done in accordance with the approved plans and specifications, the discrepancy shall be reported immediately in writing to the contractor and to the Department. Recommendations for corrective measures, if necessary, shall also be submitted.
      3. All geologic reports prepared under this Section shall be signed by and prepared by or under the responsible direction of "professional geologists" as defined by C.R.S. §34-1-201, as amended. Such professional geologist shall be experienced and competent in the geologic specialty required to meet the objectives of this Section. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him/her under his/her responsible direction as specified in this Section. All engineering reports required by this Section shall be done by a "registered professional engineer" as defined by C.R.S. §12-25-102, as amended.
  • Existing Uses Continued; Exceptions. Existing use of land, structures, or premises which are not in conformity with the provisions of this regulation may be continued, except that no building permit will be issued for the exterior expansion, alteration, or addition to existing structures in geologically sensitive areas except for windows, skylights, and other similar minor alterations, unless all of the requirements of this Section are met.
  • Notice Requirements. In order to provide reasonable notice to the public of the problems related to geologically sensitive areas, the following notice regulations and requirements are hereby adopted for all real property and structures located in geologically sensitive areas:
    1. All subdivision plats recorded after the effective date of this UDC shall identify and designate each lot and block, or portions thereof, located within any geologically sensitive area, together with applicable subzone designations by a stamp or writing in a manner providing reasonable notice to interested parties.
    2. All plans submitted after the effective date of this UDC with the building permit application for property within said areas shall be stamped by the Applicant "Geologically Sensitive Area" together with the applicable zone designation.
  • Effective on: 6/12/2022

    Subsec. 3-C-4-4 Wildfire Hazard Mitigation
  • A.
    Generally. The Wildland-Urban Interface ("WUI") is a geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. The WUI creates a potentially dangerous situation for flames or embers from a wildland fire to come in contact with structures. The purpose of this Section is to provide a means to protect the public health, safety, and welfare by establishing standards for development within a WUI area in order to:
    1. 1.
      Reduce threats to life safety, property, and resources by improving development and construction standards, access to and defensibility of developments, homes, and other property in WUI areas;
    2. 2.
      Minimize the potential of spreading fire from wildland areas to structures and from structure fires to wildland areas;
    3. 3.
      Identify the appropriate use of cul-de-sacs, hammer head turnarounds, and turnouts on streets and roads providing legal and physical access to subdivisions with the intent to provide better emergency access to remote areas; and
    4. 4.
      Require homeowners and neighborhoods to plan, create, and maintain defensible space that utilizes fire resistant construction and landscaping.
  • B.
    Wildfire Mitigation Plan Required. Proposed development that is located in the WUI shall provide and implement a wildfire hazard mitigation plan​​​​​​.
  • C.
    Site Design. The following design standards apply to parcels proposed for development within the WUI. The Town may approve alternative standards if it is demonstrated that they are consistent with current State and/or Federal guidance on wildfire hazard mitigation for development within the WUI.
    1. 1.
      Defensible Space. Development sites shall be designed to provide defensible space.
    2. 2.
      Chimneys. Buildings and building sites shall be located outside of ravines or other topographical features which constitute "fire chimneys," and within one hundred and fifty feet (150') of the apex of "fire chimneys." Any proposed lot within a new subdivision with a "fire chimney" located on the lot should have a no-build area / zone designated on the face of the final plat for the subdivision that prohibits future development within "fire chimneys" and within one hundred and fifty feet (150') of the apex of "fire chimneys." This standard may be modified to allow development at Mountain Estate (M-E) zone district density if it is demonstrated that the fire risk is appropriately mitigated and there is no other feasible option for development of the parcel proposed for development.
    3. 3.
      Improvements Prior to Construction. Water sources, wells, draft sites, hydrants, fire breaks, access routes, and other fire protection equipment or features required by the preliminary plat approval shall be installed prior to construction of any buildings in a new subdivision.
    4. 4.
      Fuelbreaks and Greenbelts. WUI fire protection may rely on fuelbreaks and greenbelts to separate communities, groups of structures, or individual homes. These breaks can slow or stop the spread of an oncoming fire.
      1. a.
        Fuelbreaks and greenbelts shall be located to protect both existing and planned developments and adjacent wildlands. Fuelbreaks shall not be a bare soil trail which is bulldozed around a subdivision. However, they may be as simple as the removal of dead and fallen trees, tree limbs, shrubs, and other flammable vegetation, together with breaking the continuity of vegetation around the perimeter of the development.
      2. b.
        Natural features such as rocky formations with little or no vegetation, or rivers or streambeds in which vegetation has been thinned and dead and dying materials removed can also be utilized.
    5. 5.
      Access. Access to the parcel proposed for development shall be designed to provide for the safe movement of firefighters and their equipment.
  • D.
    Building Design and Materials. Buildings in the WUI shall incorporate fire-resistant design techniques and utilize fire-resistant building materials.
  • (Ord. 23-603, 06/11/2023)

    Effective on: 6/11/2023