The Unified Development Code of the Town of Erie, Colorado, as amended, may be referred to throughout this document as "this UDC."

(Ord. 47-2020, § 1(Attch.), 11-10-2020; Ord. No. 016-2024, § 1, 5-14-2024)

This UDC is enacted pursuant to the powers granted and limitations imposed on municipalities by the laws of the State of Colorado, including without limitation C.R.S. § 29-20-101 et seq. (Local Government and Land Use Enabling Act). This UDC has been adopted by reference into the Erie Municipal Code (Ordinance 20-2012).

(Ord. 47-2020, § 1(Attch.), 11-10-2020)

A.

General purpose: This UDC has as its general purpose the promotion of the health, safety, and general welfare of the Town of Erie ("Town").

B.

Specific purposes: The provisions of this UDC are specifically intended to:

1.

Foster quality, compatible, and efficient relationships among land uses;

2.

Promote a healthy and convenient distribution of population by regulating and limiting the density of development;

3.

Ensure greater public safety and accessibility through quality physical design and location of land use activities;

4.

Encourage the efficient use of the available land supply;

5.

Promote a balanced supply of residential, commercial, industrial, institutional, and transportation land uses that are substantially compatible with adjacent land uses and that have good access to transportation networks;

6.

Preserve the character and quality of the town's residential neighborhoods;

7.

Promote a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods;

8.

Enhance the appearance, visual scale, orientation, quality, and mix of land uses of new developments;

9.

Ensure that developments are substantially compatible with the town's comprehensive plan;

10.

Promote the vitality and development of the town's major employment centers, town centers, and its other commercial and mixed-use districts;

11.

Manage traffic congestion in the streets;

12.

Ensure the provision of adequate open space for light, air, and fire safety;

13.

Manage the preservation of existing trees and vegetation, wetlands, floodplains, wildlife and habitat, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development;

14.

Encourage development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs;

15.

Facilitate and cooperate with other governments to provide adequate and safe provision of transportation, water, wastewater, storm drainage, schools, parks, and other public facilities;

16.

Provide a clear, timely, business friendly development processing atmosphere;

17.

Provide appropriate development incentives to achieve an economically balanced and diverse community; and

18.

Ensure that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services.

(Ord. 47-2020, § 1(Attch.), 11-10-2020)

A.

General applicability: The provisions of this UDC shall apply to all land, buildings, structures, and land uses thereof located within the town, unless an exception is provided by the terms of this UDC.

B.

Jurisdictional area: The territorial jurisdiction of this UDC shall include all land located within the legal boundaries of the town or to a limited extent those lands that desire to annex to the town through a formal petition process.

C.

Application to governmental agencies: To the extent permitted by law, the provisions of this UDC shall apply to all land, buildings, structures, and uses owned by government agencies in the town. Where the provisions of this UDC do not legally apply to such land, buildings, structures, and uses owned by government agencies, such agencies are encouraged to meet the provisions of this UDC.

D.

Compliance required: No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this UDC. No lot of record that did not exist on the effective date of this UDC shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this UDC.

(Ord. 47-2020, § 1(Attch.), 11-10-2020)

This UDC shall not be construed to hold the town or its authorized representatives responsible for any damage to persons or property by reason of inspection or reinspection authorized in this UDC or failure to inspect or reinspect, or by reason of issuing a building permit as provided in this UDC.

(Ord. 47-2020, § 1(Attch.), 11-10-2020)

A.

Conflict with other public laws, ordinances, regulations, or permits: This UDC is intended to complement other town, state, and federal regulations that affect land use. This UDC is not intended to revoke or repeal any other town, state or federal law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this UDC are either more restrictive or less restrictive than comparable standards imposed by any other town, state or federal law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements shall govern.

B.

Conflict with private agreements: This UDC is not intended to revoke or repeal any easement, covenant, or other private agreement. In no case shall the town be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

(Ord. 47-2020, § 1(Attch.), 11-10-2020)

A.

If any court of competent jurisdiction invalidates any provision of this UDC, then such judgment shall not affect the validity and continued enforcement of any other provision of this UDC.

B.

If any court of competent jurisdiction invalidates the application of any provision of this UDC, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

C.

If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(Ord. 47-2020, § 1(Attch.), 11-10-2020)