(a)

Minimum lot requirements.

(1)

Lot requirements. Standards related to lot area, lot width, open space, setbacks and height of buildings are referenced under each zone district in Article II of this Chapter.

(2)

Predominant front setbacks. In residential zone districts, where more than twenty-five percent (25%) of the platted lots along one (1) block front are developed, the front setback established for the developed lots shall set the required front setback for development of the remainder of the block front, including additions to the existing structures. This regulation shall not, in any case, require a front setback of more than fifty (50) feet.

(3)

Minimum lot area calculation. That portion of a parcel dedicated for public right-of-way shall not be included in computing the minimum lot area of any subdivision.

(4)

Sight triangles.

a.

Location of structures. New structures, or additions to existing structures, shall not be located within any sight triangle as defined in Article I of this Chapter.

b.

Visual obstructions. Sight triangles shall be maintained free of visual obstructions, as is practical, between a height of two and one-half (2½) feet and ten (10) feet.

(5)

Obstructions on public lands. No building, fence, wall, ditch or other obstruction shall be located, wholly or in part, upon any street, alley, sidewalk or other public ground of the Town without a permit issued by the Building Official. Such restrictions shall not apply to the installation of curbs, gutters, curb cuts, sidewalks and driveways constructed according to the Town's standards.

(6)

Double frontage lots. When there is a question as to the orientation of structures on double frontage lots (lots with street frontage along two [2] opposite lot lines, not including corner lots), the Building Official shall make a determination as to the front, rear and side yards based on the prevalent development pattern and orientation of structures in the vicinity.

(b)

Distribution of open space. In the C-1, C-2, I-1 and I-2 zone districts, at least fifty percent (50%) of the lot area required to be unobstructed open space shall be evenly distributed along adjacent public rights-of-way, with necessary provisions for adequate access to the rights-of-way. Credit may be given for up to twenty-five percent (25%) of the unobstructed open space required, if a like amount of the adjacent public right-of-way is landscaped and maintained by the owner/occupant of the affected lot.

(c)

Architectural compatibility. Elevation drawings of all existing and proposed structures and improvements shall be required for all multiple-family residential and nonresidential development. Such drawings shall include an accurate indication of all materials and colors to be used on all exterior surfaces. All architectural features, including rooflines, building materials and colors, shall be complementary to and compatible with existing development on adjacent properties, or proposed development on adjacent properties for which a final SDP has been approved, whether or not building permits have been issued. Elevation drawings shall include the location of all exterior-mounted mechanical equipment and shall show how such equipment will be screened from adjacent properties.

(d)

Underground installation of utilities required.

(1)

Existing and proposed cable television, telephone, electric, gas and other similar utility lines shall be placed underground in locations approved by the Director of Public Services except where this requirement is in conflict with the requirements of public and private utility companies or other regulatory agencies. Transformers, switching boxes, terminal boxes, metering, roadway lighting, traffic signal devices, gas regulators, compressor stations or other similar facilities necessary to underground facilities may be placed aboveground, in locations approved by the Director of Public Services, and shall be properly screened from adjacent properties. The Director of Public Services may approve placement of utility lines either within public road rights-or-way or within easements or rights-of-way provided for the particular facilities in accordance with an approved improvements plan. This requirement for the underground placement of utilities shall apply to all development for which a final SDP or a final planned development plan is required to be submitted and approved by this Chapter.

(2)

The TRC may delay the underground placement requirements stated above when the owner of the proposed site agrees by written contract or otherwise, in a form acceptable to the Town Attorney, to place all required utilities underground in the future.

(Ord. 2004-7 §2)

(a)

Purpose.

(1)

In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Specific conditional uses for each zone district are listed in Article II of this Chapter.

(2)

Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this Section is intended to assure compatibility and harmonious development between conditional uses, surrounding properties and the Town at large. Conditional uses may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.

(b)

Conditional use review process.

(1)

Step 1: Pre-application conference. The applicant shall attend a pre-application conference with a representative from the Town. The purpose of the meeting is to discuss the conditional use submittal requirements and review process. Based upon factors including, without limitation, the scope or complexity of the proposed conditional use, the extent of its apparent impact upon other affected lands and Town services and the experience and other resources of the applicant, the Town shall determine whether and to what extent an impact assessment and other reports will be required.

(2)

Step 2: Conditional use application submittal. Applications may be submitted by any person having an ownership interest in the property. The applicant shall submit one (1) copy of the complete conditional use application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Board of Trustees. Conditional use requests shall include:

a.

Land use application form.

b.

Conditional use - technical criteria form.

c.

A site plan, drawn at a scale of not less than one (1) inch to two hundred (200) feet, describing the following: existing zoning district classifications of the property and all other lands within three hundred (300) feet of it; all natural or manmade features, whether existing or proposed, within the property and within three hundred (300) feet of it; and the locations, size and height of all buildings, structures and improvements proposed for construction as part of the proposed conditional use.

d.

Written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics and to illustrate how all conditional use review criteria have been satisfied.

e.

A vicinity map indicating the general location of the property within the Town.

f.

A legal description, and a boundary and improvements survey of the property, prepared and certified by a land surveyor licensed in the State, on 8½" x 11" paper suitable for use as an attachment to an ordinance approving the conditional use permit.

g.

Such additional material as the Town Clerk may prescribe or the applicant may submit pertinent to the application.

h.

Surrounding and interested property ownership report - Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

i.

Public hearing notification envelopes - one (1) set of stamped, addressed, envelopes. The envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property) and mineral interest owners of record, oil and gas lessees for the property.

j.

An application fee in an amount fixed by resolution of the Board of Trustees, plus an agreement to reimburse form provided by the Town Clerk.

(3)

Step 3: Conditional use application certification of completion and report to Planning Commission. Within a reasonable period of time, staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the conditional use technical criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink. After a complete application is received, the Building Official shall initiate the conditional use review process.

(4)

Step 4: Technical review. A technical review committee composed of the Building Official, the Public Works Director, the Town Planner, the Town Engineer and the Town Attorney shall administratively review all conditional use applications. It shall complete its review and issue its report and recommendation not later than thirty (30) days after a complete submittal. When review by the technical review committee is complete, the staff shall prepare a report including the pertinent comments of the participating Town departments and other affected public agencies and the recommendations of the technical review committee. The Town Clerk shall forward the staff report and recommendation, along with the application and other submittals, to the Planning Commission.

(5)

Step 5: Planning Commission review of the conditional use application. The Planning Commission shall hold a meeting to review the application and determine if the application complies with the conditional use review criteria. Such meeting need not be held as a public hearing, but the Commission (except in cases of applications filed hereunder for group homes for handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988) may in its discretion permit interested parties including the applicant to address it concerning the application. The Planning Commission shall then make written findings whether the application meets the standards for a conditional use and issue its recommendation to the Board of Trustees that the permit be approved, approved with conditions or denied.

(6)

Step 6: Set conditional use public hearing date and notify public of hearing. The Town Clerk shall send notice of public hearing to the applicant, all property owners of record within three hundred (300) feet of the property in question and to all mineral interest owners of record and oil and gas lessees for the property. The notice information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, the applicant's name and a statement as to the location and availability of the application for public inspection and review. The Town Clerk shall also publish notice in a newspaper of general circulation. The Town Clerk shall prepare a public hearing notification sign to be posted on the property by the applicant. If the conditional use request is accompanying another application which is scheduled for public hearing before the Board of Trustees, one (1) public hearing may be held on both applications.

(7)

Step 7: Board of Trustees public hearing and action on the conditional use. The Board of Trustees shall hold a public hearing on the conditional use application. Following the public hearing, the Board of Trustees may approve, conditionally approve or deny the conditional use application based on the conditional use review criteria. The Board shall make a finding whether the application meets the standards set forth in the Planning Commission's recommendation. Where the Board of Trustees' decision is contrary to the recommendation and findings of the Planning Commission, the Board of Trustees shall make specific findings to support its decision. Further, the Board may remand the conditional use application to the Planning Commission for additional findings or to obtain further evidence. A conditional use permit may be revocable, may be granted for a limited time period or may be granted subject to conditions as the Board may prescribe. Conditions may include, but shall not be limited to: the imposition of development standards and requirements applicable to the operation, location, arrangement, use and construction of any conditional use, including standards which protect adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

(8)

All approved conditional use permits shall be approved by ordinance. Such ordinance shall include the legal description of the property, specify in detail the conditional use permitted and clearly specify any and all permit conditions imposed. The ordinance shall be recorded in the records of the County Clerk and Recorder, and the permit shall run with the property.

(9)

Any conditional use permit may be revoked by ordinance, following notice to the owner of the property and observance of substantially the same procedure provided herein for Board of Trustees consideration of issuance of the permit, where the Board of Trustees finds that the property has not been devoted to the approved conditional use for a period of more than two (2) years.

(10)

Amendment of conditional use permit. An application for amendment of an approved and valid conditional use permit shall be processed in accordance with the requirements applicable to the issuance of a conditional use permit.

(c)

Conditional use review criteria. The Town shall use the following criteria to evaluate the applicant's request:

(1)

The conditional use will satisfy all applicable provisions of the zoning code and subdivision regulations unless a variance is being requested.

(2)

The conditional use will conform with or further the goals, policies and strategies set forth in the Gilcrest Comprehensive Plan.

(3)

The conditional use will not result in impacts to adjacent property which are significantly different in nature, type or extent than impacts caused by uses which are permitted by right in the zone district where the property is located.

(4)

The conditional use will be adequately served with public utilities, services and facilities (i.e., water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

(5)

The conditional use will not substantially alter the basic character of the district in which it is located or jeopardize the development or redevelopment potential of the district.

(6)

The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

(7)

Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall satisfactorily address the following impacts:

a.

Traffic;

b.

Activity levels;

c.

Light;

d.

Noise;

e.

Odor;

f.

Building type, style and scale;

g.

Hours of operation;

h.

Dust; and

i.

Erosion control.

(8)

The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.

(Prior Zoning Ord. §505; Ord. 1998-6 §36; Ord. 2004-7 §2)

Requirements for nonconforming uses and structures. Except as provided in this Section, the lawful use of any building or land existing at the time of enactment of this Article, or of any amendments to this Chapter, may be continued even though such use does not conform to the requirements of this Chapter.

Abandonment means whenever a nonconforming use has been discontinued for a period of one (1) year, such use shall not thereafter be reestablished and any future use shall be in conformance with the provisions of this Article.

Change in use means no nonconforming use shall be changed other than to a use permitted in the zone district in which the use is located.

Completion means that any building or structure for which a building permit has been issued prior to the date of enactment of this Article may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently prosecuted to completion.

Displacement means no nonconforming use shall be altered, extended or restored so as to displace any conforming use. A trailer house in any district may be improved or replaced with a newer model trailer house. In the event that a structure is moved or relocated for any reason or for any distance whatever, it shall thereafter conform to the regulations for the zone district to which it is moved or relocated.

Extensions means a nonconforming use shall not be extended, enlarged or increased to occupy a greater area of land or percentage of a structure than was occupied at the effective date of adoption or amendment of the ordinance resulting in the nonconformity.

Repairs and maintenance means ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

Restoration means a nonconforming building which had been damaged by fire or other causes and which may be restored to its original condition, provided that such work is completed within one (1) year of such damage and less than fifty percent (50%) of the building is destroyed. A nonconforming use operating within a conforming structure shall not be lawfully continued in the event that the structure is damaged by fire or other causes to an extent exceeding fifty percent (50%) of the structure's assessed value. Restoration must be in conformance with all applicable provisions of this Chapter and with all applicable provisions of the building code in effect within the Town.

(Prior Zoning Ord. §404; Prior Zoning Ord. §405; Ord. 1995-7 §§12, 13; Ord. 2004-7 §2)

(a)

The uses enumerated below may be approved by the TRC as temporary uses for a specified period not to exceed one (1) year. Such temporary uses shall not be approved unless the standards stated below are met:

(1)

Noncommercial concrete batch plant. Shall be located within one thousand (1,000) feet of the construction site for which the concrete is to be used.

(2)

Construction yard or office. Shall be located within the development where the construction is to take place.

(3)

Temporary structure used as sales office.

a.

The structure must be a manufactured building designed for office use and inspected and approved by the Building Inspector.

b.

The office shall be located within the development where the sales are to take place.

(4)

Existing permitted uses. Temporary use on a site which is occupied by a person conducting an existing permitted use, but which temporary use is proposed to be operated by another person, provided that:

a.

Any temporary or portable structure use for such sales or services shall meet the applicable provision of the building code.

b.

Customer parking shall be on an improved surface.

c.

Temporary retail sales or service activities shall not be conducted within the required minimum setback areas or within unobstructed open space areas adjacent to public rights-of-way.

d.

Adequate sanitary facilities shall be made available for employees and customers of the temporary use, either by means of the facilities existing by virtue of the existing use on the site or by facilities provided by the person who proposes to operate the temporary use.

e.

Storage areas and trash containers shall be screened from view from adjacent residential property and public rights-of-way.

(5)

Temporary retail sales or services. Temporary retail sales or service uses operated on an undeveloped site, provided that:

a.

The use shall be a permitted use in the zone district.

b.

The site will not be occupied for more than six (6) months during a period of twelve (12) consecutive months.

c.

Any temporary or portable structure used for such sales or services shall meet the applicable provisions of Article IV of this Chapter.

d.

Customer parking shall be on an improved surface.

e.

Temporary uses and associated activities shall not be conducted within the required minimum setback areas or within unobstructed open space areas adjacent to public rights-of-way.

f.

Adequate sanitary facilities for customers and employees shall be provided.

g.

Storage areas and trash containers shall be screened from view from adjacent residential property and public rights-of-way.

(6)

Occasional sales. Occasional sales, exempted from the Town's sales tax collection requirements, are exempted from these provisions and may be operated in a business or industrial zone district or as an accessory use located on the premises permanently occupied by the seller.

(b)

An application must be submitted to the Town Clerk, who will forward it to the Town Planner and Town Engineer. The application shall contain:

(1)

A site plan showing the location of the temporary use on the property and patterns of pedestrian and vehicular traffic.

(2)

A statement of how any adverse impacts on adjacent properties will be minimized.

(3)

A description of exterior materials to be used in the structure, including color and texture; and fire rating.

(4)

A cash deposit in an amount determined by the Board of Trustees by Resolution. Said deposit shall be for the purpose of ensuring the prompt repair, by the operator, of any damage to public improvements which may occur as a result of the operation of the temporary use. Also, this cash deposit may be applied if the operator fails to promptly repair damage to adjacent property caused by the temporary use, or to remove debris, litter, trash, mud or dirt permitted to remain on the site or on public property by the operator of such temporary use for any unreasonable amount of time. Such deposit shall be released or returned to the operator upon certification by the Town staff that all of the requirements of this Chapter have been met.

(5)

Name and address of applicant.

(6)

Name and address of property owner, if different from the applicant, and a statement in writing authorizing the applicant to use the property as shown in the application.

(c)

The applicant shall obtain all required building permits prior to moving the temporary facilities onto the site.

(d)

A temporary use may be renewed by the TRC upon application. The same application requirements as for an original application shall apply. The application for renewal shall be approved if the use has been operated during the previous approval period in conformance with the conditions for approval specified at that time, and there have been no convictions for violations of the applicable provisions of this Chapter.

(Prior Zoning Ord. §205; Prior Zoning Ord. §506; Ord. 1984-7 §1; Ord. 1998-6 §7; Ord. 2004-7 §2)

(Ord. No. 2014-12, § 14, 9-22-2014)

Home occupations must meet the following standards:

(1)

A home occupation shall not include the following: medical, dental and real estate offices, animal hospitals, nursing homes, restaurants, automotive repair garages, kennels or funeral homes.

(2)

Such use shall be conducted entirely within a dwelling by the inhabitants thereof or entirely within an accessory building located on the premises with the dwelling in which the persons carrying on the occupation live.

(3)

Such use shall be clearly incidental and secondary to the use of the dwelling and shall not change the character thereof.

(4)

The home occupation shall not exceed one thousand (1,000) square feet or twenty percent (20%) of the total square footage of the dwelling, whichever is less, or if located in an accessory building, shall not exceed five hundred (500) square feet.

(5)

All exterior aspects of the home occupation operation shall not disrupt the residential character of the area. There shall be no exterior advertising or use of any signs, nor shall there be any exterior storage of material or equipment used as a part of the home occupation.

(6)

The maximum number of clients which may visit the home occupation per day is ten (10).

(7)

Primary Caregiver or Patient (as defined by Article XVIII, Section 14 of the Colorado Constitution) as a home occupation. In addition to the provisions of Chapter 18, Article 14 of this Code, a primary caregiver growing his or her own medical marijuana may be permitted as a home occupation. To the extent any conflict exists between this Paragraph and Paragraphs (1) through (6) above, this Paragraph shall control. Any such home occupation shall not be permitted in any nonresidential structure in the Town.

(Ord. 2004-7 §2; Ord. 2011-06 §2)

(Ord. No. 2017-12, §§ 1, 2, 12-5-2017)

(a)

Parking required: All development in the Town for which a site development plan is required shall provide sufficient parking spaces to accommodate the number of vehicles that are normally attracted to such development. The following are minimum parking requirements:

(1)

Location of parking. Required off-street parking spaces shall be located on the same site as the primary use, or, for commercial and industrial zone districts, within two hundred (200) feet of the property line as measured by a straight line between the two (2) closest points under consideration, exclusive of street and alley widths, of the principal use for which the off-street parking is being provided.

(2)

Shared use of parking spaces. Multiple users may share off-street parking spaces based on a schedule of operation, including the proposed method of regulation, and approval by the TRC upon a determination that none of the uses sharing the parking spaces shall require the use of those spaces at the same time as any other use sharing the spaces.

(3)

Use and maintenance of parking spaces. Off-street parking shall be utilized in accordance with the following provisions:

a.

Parking of commercial vehicles in residential areas is limited to not more than one (1) commercial vehicle for each dwelling unit.

b.

Major repair and restoration of occupant-owned vehicles may occur only within a fully enclosed garage. All off-street parking may be used for minor repair of occupant owned vehicles.

c.

Parking areas in residential areas adjacent to:

1.

Improved public roadways (including streets where approximately one-half [½] is improved and one-half [½] is unimproved) shall be surfaced with concrete, asphalt or pavers; parking areas on single-family lots may also be surfaced with gravel.

2.

Unimproved public roadways shall be allowed to remain unimproved, but must be kept vegetation-free and clean of debris, weeds, junk, etc., at all times and shall be maintained so as to provide a passable drive reasonably free from ruts at all times.

d.

Parking on the front yard of a single-, two- or three-family dwelling shall be restricted to the driveway which has been surfaced in conformance with Subparagraph (3)c. above.

e.

Except where retail sales of motor vehicles and trailers by a licensed dealer is allowed as a permitted use, no vehicle or trailer may be sold or displayed for sale. Such vehicle or trailer must be owned by the owner or occupant of the lot on which the vehicle or trailer is displayed.

f.

The use of customer, employee or commercial parking lots for repair of motor vehicles is prohibited.

g.

Driveways exceeding two hundred (200) feet in length which give access from a public street or highway to any dwelling unit shall meet the following minimum standards:

1.

Such driveway must be graded gravel with a prepared subgrade and an aggregate base course surface, a minimum of six (6) inches thick, compacted to a minimum density of ninety-five percent (95%) of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures approved by the Town Engineer.

2.

Such driveway shall be a minimum of fifteen (15) feet wide and provide all-weather access, suitable to handle emergency equipment.

3.

Such driveway shall be graded so as to provide drainage from the roadway surface, and constructed to allow for cross-drainage of waterways by means of adequate culvert pipes.

4.

Such driveway shall be maintained so as to provide a passable drive reasonably free from ruts at all times.

h.

Vehicles may park in garages and in the driveway leading to the garage.

i.

Vehicles may park in the side yard of a dwelling unit where the area has been surfaced in conformance with Subparagraph (3)c. above.

j.

Only one (1): (i) recreational vehicle, and/or (ii) boat on a boat trailer, and/or (iii) trailer may be parked in the rear and/or side yards per lot or parcel of residential real property. A maximum of two (2) vehicle types as identified in this Subparagraph are allowed to be parked in the rear and side yard per lot or parcel of residential real property on lots equal to or greater than seven thousand five hundred (7,500) square feet per dwelling.

(4)

Number of parking spaces required. Off-street automobile parking shall be provided in accordance with the following minimum requirements:

a.

One-, two- and three-family dwellings: Two (2) spaces per dwelling unit.

b.

Multi-family dwellings containing four (4) or more dwelling units: One and one-half (1½) spaces per dwelling unit.

c.

Elderly housing (self or limited care):

1.

Buffet unit: One-half (½) space per dwelling unit.

2.

One (1) bedroom unit: Two-thirds (?) space per dwelling unit.

3.

Two (2) or more bedroom units: One (1) space per dwelling unit.

d.

Residential, rooming or boarding house: One (1) space per each living accommodation.

e.

Fraternities, sororities, student houses or dormitories (off-campus): One (1) space for every two (2) beds.

f.

Motel/hotel:

1.

Without restaurant: One (1) space per guest room or suite plus one (1) additional space for resident owner/manager.

2.

With restaurant: Same as above plus one (1) space per one hundred (100) square feet of gross floor area of restaurant.

g.

Extended care facility, nursing home, hospice: One (1) space per two (2) beds.

h.

Child care center (day care), private school: Two (2) spaces per teacher, plus off-street student loading and unloading area.

i.

Bowling alley: One (1) space per two hundred (200) square feet of gross floor area.

j.

Retail stores: One (1) space per two hundred (200) square feet of gross floor area. Retail shopping center: four (4) spaces per one thousand (1,000) square feet of gross floor area.

k.

Retail stores handling exclusively bulky merchandise such as furniture and automobiles: One (1) space per three hundred (300) square feet of gross floor area.

l.

Service and repair shops: One (1) space per three hundred (300) square feet of gross floor area.

m.

Bank, office buildings: One (1) space per three hundred (300) square feet of gross floor area.

n.

Medical and dental: One (1) space per two hundred fifty (250) square feet of gross floor area.

o.

Restaurants and lounges:

1.

Drive-through type: One (1) space per sixty-five (65) square feet of gross floor area.

2.

Carry-out: One (1) space per one hundred forty (140) square feet of gross floor area.

3.

Sit-down without liquor license: One (1) space per sixty-five (65) square feet of gross floor area.

4.

Sit-down with liquor license: One (1) space per seventy-five (75) square feet of gross floor area.

p.

Mortuaries: One (1) space per four (4) seats or eight (8) feet of bench length in chapel.

q.

Manufacturing and assembly: Light manufacturing, one (1) space per two hundred fifty (250) square feet of gross floor area; heavy manufacturing, one (1) space per five hundred (500) square feet of gross floor area.

r.

Warehousing or wholesaling establishments: One (1) space per eight hundred (800) square feet of gross floor area.

s.

Hospital: One and one-half (1½) spaces per bed.

t.

Church: One (1) space per forty (40) square feet of gross floor area in the main assembly area.

u.

Two (2) or more uses: Where off-street parking space is to be provided for two (2) or more uses located on the same lot, and the total gross floor area of the structures is less than twenty-five thousand (25,000) square feet, the total parking required shall be the sum of the requirements for each use, based upon the prorated share of the gross floor area occupied by each use.

v.

Nonlisted uses: Parking requirements for uses not specifically listed shall be determined by the Building Official based on an analysis of parking requirements for similar uses or on anticipated parking demands.

w.

PUD districts: Parking requirements for uses in Planned Unit Development districts (PUD) shall meet the minimum requirements set forth in this Section and shall be specified on the PUD plan.

(5)

Compact parking spaces permitted. Any parking area requiring more than twenty (20) parking spaces may provide compact car spaces not to exceed twenty-five percent (25%) of the spaces required.

(6)

Dimensions for parking spaces.

a.

Standard parking space length: twenty (20) feet (two-foot overhang permitted as long as a sidewalk or pedestrian way is not obstructed);

b.

Standard parking space width: nine (9) feet;

c.

Compact parking space length: eighteen (18) feet;

d.

Compact parking space width: eight (8) feet;

(7)

Handicapped parking requirements.

a.

Parking spaces must be eight (8) feet by eighteen (18) feet with a five-foot-wide access aisle.

b.

Van-accessible spaces must be eight (8) feet by eighteen (18) feet with an eight-foot-wide access aisle.

c.

Parking spaces for the physically handicapped that are parallel to a pedestrian walk which is handicap-accessible may have the same dimensions as those for standard vehicles.

d.

Number of spaces required.

1.

Residential: for all two-family, three-family and multiple-family residential uses, handicapped parking shall be provided at the rate of one (1) space for each dwelling unit that is designed for occupancy by the physically handicapped.

2.

Nonresidential: Handicapped parking spaces shall be provided for all uses other than residential at the rate of four percent (4%) of the total number of required parking spaces for the site.

3.

Fulfillment of requirements: Handicapped parking spaces required by this Section shall count toward fulfilling off-street parking requirements.

e.

Location. Handicapped spaces shall be located so as to provide convenient access to a primary accessible building entrance unobstructed by curbs or other obstacles to wheelchairs.

f.

Signage. Each handicapped space shall be painted with, and designated by, a sign showing the international disabled symbol of a wheelchair. Each sign shall be no smaller than one (1) foot by one (1) foot and shall be located at the end of the space at a height between four (4) feet and seven (7) feet. The sign may either be wall-mounted or freestanding.

(8)

Parking lot driveway widths for multiple-family, commercial and industrial properties.

a.

One-way (parking angle zero [0] degrees - parallel parking - to forty-five [45] degrees): twelve (12) feet;

b.

One-way (parking angle greater than forty-five [45] degrees and less than ninety [90] degrees): eighteen (18) feet;

c.

One-way (parking angle ninety [90] degrees - perpendicular parking): twenty-three (23) feet; and

d.

Two-way (all angles): twenty-three (23) feet.

(9)

Bicycle parking. An approved bicycle parking facility may be substituted for off-street vehicle parking on a ratio of three (3) bicycle parking spaces for one (1) vehicle parking space; provided that such substitution shall not replace more than ten percent (10%) of the total vehicle parking required under Paragraph (4) above. The TRC shall review all proposed bicycle facilities for safety and convenience, including but not limited to the site location and design of the devices. All devices shall accommodate locking the frame and both wheels of each bicycle.

(b)

Off-street loading requirements.

(1)

Location and number of spaces. Off-street loading space shall be provided in business and industrial zone districts as follows:

a.

Off-street loading shall be located on the same lot as the use for which it is provided.

b.

Off-street loading spaces shall be provided for each structure containing more than twenty-five thousand (25,000) square feet of gross floor area as stated in the following table:

(2)

Additional off-street loading standards. In addition to the requirements of Paragraph (1) above, the following standards shall apply to all required off-street loading:

a.

Each loading space shall be ten (10) feet wide, thirty five (35) feet deep, and shall have fourteen (14) feet of vertical clearance (10' x 35' x 14').

b.

Ingress, egress, driveways, turns and curb cuts shall be designed, located and constructed to adequate dimensions to accommodate tractor/trailer delivery truck movement to and from off-street loading areas.

c.

To the extent practical, no off-street loading spaces shall be located in such a manner that vehicles are required to back across sidewalks or streets when entering or exiting the property.

d.

The appropriate official or administrative agency may impose limitations on the hours for which off-street loading spaces may be used if such spaces are located adjacent to residential areas, or if it is warranted due to potential conflicts with existing traffic patterns or traffic volumes.

(c)

Limitations on parking of motor vehicles and trailers. In all instances where goods, products or merchandise are to be stored or unloaded from or loaded into a motor vehicle or trailer for commercial purposes, said motor vehicle or trailer shall not remain in place at the same or approximately the same location for a longer period of time than forty eight (48) hours.

(Prior Zoning Ord. §403; Ord. 1991-6 §§1, 38—42; Ord. 2004-7 §2; Ord. 2008-04 §4; Ord. 2010-04 §§4, 6; Ord. 2011-05 §1)

(a)

Intent. To ensure that walls and fences are attractive and in character with the neighborhood.

(b)

Permits. For every new fence constructed or upon replacing an existing fence with a different material or of a different height than presently exists, a building permit shall be obtained from the Town Clerk prior to the beginning of construction. The fee for each permit shall be regulated by the fees then set forth in the International Building Code as adopted by the Town and as from time to time amended. No permit is required when repairing or replacing an existing fence with like materials of the same height.

(c)

General provisions.

(1)

Compatibility. Walls and fences shall be 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 interesting by integrating architectural elements such as brick or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or through similar techniques. A fence or wall may not consist of a solid, unbroken expanse for more than fifty (50) feet for every seventy-five (75) feet of length, or portion thereof.

(2)

Materials. All fences shall be constructed in a substantial workmanlike manner and shall be constructed of standard materials customarily used for permanent fencing within the municipal limits of towns and cities in Weld County.

a.

Stone walls, brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls and stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for landscaping or architectural purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall in a residential zone district.

b.

Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other standard residential fences of a similar nature approved by the Town Administrator.

c.

Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of eighty (80) miles per hour.

d.

Chain link may be used as a fence material in all zone districts. In the industrial zone districts, if the purpose of the fence is to screen outdoor storage or vehicles used to transport a warehoused product, the fence must be opaque with dense plantings adequate to provide screening from view from adjacent properties and public rights-of-way.

e.

Other materials may be incorporated in fences and walls as may be approved by the Town.

(3)

Prohibited materials. Creosote or (CCA) chromated copper arsenate treated wood products, utility poles, railroad ties, plywood, fiberboard, salvage wood, corrugated metal, sheet metal, scrap or salvage metal, PVC pipe, chicken wire, pallets, snow fences, construction fencing made of plastic, t-posts, open-wired agricultural or livestock fencing. Security fencing such as concertina or razor wire, barbed wire and electrically charged fences are prohibited unless specifically allowed by the Board of Trustees.

(4)

Retaining walls. Retaining walls shall be designed to resist loads due to the lateral pressure of retained material in accordance with accepted engineering practice and shall not be unsightly or detrimental to abutting property.

(5)

Height limitations. The height of any fence shall be determined by measurement from the ground level at the lowest grade level within three (3) feet of either side of such fences, to the top of the fence sections running between posts or columns. Posts or columns no larger than six (6) inch by six (6) inch and spaced a minimum of four (4) feet apart may extend a maximum of six (6) inches above the height limitation. Fences or walls shall be:

a.

No more than three (3) feet high in the front yard. For corner lots, front yard fence regulations shall apply to both street sides of the lot. No fence extending into a front yard shall be solid.

b.

No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. Fences and walls shall not be solid, except for retaining walls.

c.

No more than six (6) feet high for fences in a residential or commercial zoning district. Fences in an industrial zone district intended to provide screening of outdoor storage or vehicles used to transport a warehoused product shall be eight (8) feet high, opaque and combined with dense plantings to provide adequate screening from view from adjacent properties and public rights-of way.

d.

No more than three (3) feet high when located within the sight distance triangle and fences or walls within this sight distance triangle shall not be solid.

e.

Fences around a recreation court (e.g., tennis, squash, racket, squash tennis or badminton) or around a publicly owned recreation area may exceed six (6) feet in height if the fence is at least fifty percent (50%) open.

(6)

Location.

a.

No fence shall be constructed closer than three (3) feet from a curb if no sidewalk is in place behind the curb. A fence may abut a Town sidewalk if a curb exists.

b.

All fences shall be placed on the owner's property except when an agreement between adjoining owners has been reached.

c.

If the owner places a fence on property on which the Town has an easement of any type, then the owner assumes all responsibility for loss if it becomes necessary to remove such fence in order to gain access to or repair the utilities contained or placed in such easement.

d.

No fence shall extend beyond the front of a commercial or industrial building.

(7)

Maintenance. Dilapidated, unsightly or dangerous fences shall be removed or repaired when so ordered by the Town. Hedges shall be maintained in a healthy condition, trimmed and pruned as appropriate for the plant type. Dead plant material in hedges shall be removed or replaced as appropriate when so ordered by the Town. Hedges shall not encroach upon sidewalks or street rights-of-way.

(d)

Warranty period. The warranty period for perimeter fences along arterial and collector streets shall be two (2) years. Provision for compliance shall be as outlined in the warranty section of the public improvements agreement.

(e)

Nonconforming Fences and Walls. All fence and walls in existence on the effective date hereof may continue to exist until such time as they are removed, or damaged such that the cost of repairs is greater than fifty percent (50%) of their value, at which time the fence, hedge or wall must be brought into full compliance with this Chapter.

(Prior Zoning Ord. §406; Ord. 1992-6 §§1, 2, 3; Ord. 2004-7 §2; Ord. 2011-07 §1)

(Ord. No. 2017-05, § 3, 7-11-2017; Ord. No. 2019-08, § 1, 7-16-2019)

(a)

Permitted zoning district. Wireless telecommunication services facilities shall be permitted only in nonresidential zoning districts.

(b)

Use permitted by conditional review. It is unlawful for any person to install or operate a wireless telecommunication services facility unless said use has first been approved by the Board of Trustees as provided in this Section. The approval of such use does not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, state and federal governments.

(c)

Co-location on existing structures. Before any request for the construction of a new antenna support structure is approved, and where technologically feasible, co-location of antennas on existing antenna support structures must be investigated by the applicant. Every application to construct a new antenna support structure shall include a description of the applicant's efforts to co-locate its facilities on existing antenna support structures, if any, and an explanation of why such co-location is not feasible, in the applicant's opinion. No wireless telecommunications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the use by conditional review or site development plan.

(d)

Application requirements.

(1)

Site plans. The site plans for a wireless telecommunication service facility shall be submitted on one (1) or more plats or maps, at a scale not less than 1" = 50', showing the following information:

a.

The proposed size, location and boundaries of the site, including existing and proposed topography at two-foot intervals, referenced to USGS data, state plane coordinates and a legal description of the proposed site;

b.

Elevations of all towers and equipment, indicating materials, overall exterior dimensions and colors;

c.

True north arrow;

d.

Locations and size of existing improvements and existing vegetation, if any; and location and size of proposed improvements, including any landscaping;

e.

Existing utility easements and other rights-of-way of record, if any;

f.

Location of access roads;

g.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within four hundred (400) feet of the site; zoning and uses of adjacent parcels; and

h.

Proof of ownership in the form of title policy, title opinion, title memorandum, deed or current tax receipt.

(2)

Vicinity maps. The vicinity maps submitted with an application under this Article shall include one (1) or more maps showing the location of existing and planned commercial mobile radio service facilities belonging to the applicant, within five (5) miles of the proposed facility. Planned facilities may be identified in general terms and need not be address-specific.

(3)

Written narrative. The application shall include the following in narrative form:

a.

The applicant's and surface owner's names, addresses, signatures and designation of agent, if applicable;

b.

An explanation of the need for such a facility, operating plan and proposed coverage area;

c.

If a freestanding facility is proposed, an analysis of alternatives to a freestanding facility within a one-mile radius of the facility;

d.

A list of all permits or approvals obtained or anticipated to be obtained from local, state or federal agencies other than the Federal Communications Commission (FCC);

e.

Affirmation that, if approved, the applicant and surface owner will make the facility available, on a reasonable basis, to other service providers; and

f.

An explanation of compatibility with the Comprehensive Plan.

(e)

Review criteria. The recommendation of the Planning Commission and the decision of the Board of Trustees shall be based on whether the applicant has demonstrated that the proposed wireless telecommunications services facility meets the following standards:

(1)

The site plan complies with the foregoing requirements;

(2)

The vicinity map complies with the foregoing requirements;

(3)

The narrative for the application complies with the foregoing requirements;

(4)

When applicable, compliance with the setback and height requirements;

(5)

When applicable, compliance with the accessory building requirements; and

(6)

When applicable, compliance with conditional mitigation co-location requirements as set forth.

The review criteria shall be included in the ordinance granting approval of the conditional use.

(f)

Height and setback requirements. In all zone districts where wireless telecommunications service facilities are allowed, the following apply:

(1)

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

(2)

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

(3)

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

(g)

Accessory buildings requirements.

(1)

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

(2)

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

(h)

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

(i)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(j)

Application fees. Each applicant shall pay a nonrefundable processing fee in an amount determined by the Board of Trustees by Resolution and shall sign an agreement to reimburse the Town for the costs of reviewing the application for compliance with this Code. No permit will be issued until all fees are paid.

(k)

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

(l)

Penalty. Any person who constructs, installs or uses, or who causes or permits to be constructed, installed or used, any wireless telecommunications facility in violation of any provision of this Article or of the conditions and requirements of the conditional use permit, may be punished as provided in Article IX of this Chapter. Each day such unlawful act or omission continues constitutes a separate offense.

(m)

Civil action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used or any land is or is proposed to be used in violation of any provision of this Article or the conditions and requirements of the commercial mobile radio service facility special use permit, the Town Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.

(n)

Eligible telecommunications facility requests.

(1)

Any modifications to a wireless telecommunications services facility that differ from the original design that was approved by the Town shall require new application and approval. Notwithstanding the foregoing, the Town may, in its sole discretion, waive or postpone the submittal of any application requirement detailed in this Section when considering a modification request.

(2)

Application materials. a. An applicant for an eligible telecommunications facility request shall be required to submit only such documentation and information as is reasonably necessary to determine whether a proposed modification would substantially change the physical dimensions of an eligible tower or base station. b. The Town shall make available an application form which shall be limited to the information necessary for the Town to consider whether an application would substantially change the physical dimensions of an eligible tower or base station. The application form may not require the applicant to demonstrate a need or business case for the proposed modification or collocation.

(3)

Incomplete applications. a. When an application is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, specifically identifying all missing documents or information. b. If an application remains incomplete after a supplemental submission, the Town shall notify the applicant within ten (10) days. Second or subsequent notices of incompleteness may not require the production of documents or information that was not requested in the original notice of incompleteness.

(4)

Expedited review.

a.

An eligible telecommunications facility request shall be approved or denied by the Town within sixty (60) days of the date of the Town's receipt of the completed application. This time period may be tolled only by mutual agreement or where an application is incomplete.

b.

If the Town fails to approve or deny an eligible telecommunications facility request within the time frame for review (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

(5)

Review.

a.

The Planning Commission shall review the application to determine whether the application qualifies as an eligible telecommunications facility request.

b.

Approval.

1.

The Town shall approve an eligible telecommunications facility request that does not substantially change the physical dimensions of a tower or base station.

2.

The Town may approve an eligible telecommunications facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code.

3.

The Town may condition the approval of any eligible telecommunications facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety.

c.

Denial. A final decision by the Town to deny an eligible telecommunications facility request under this Section shall be in writing and shall include the reason(s) for denial.

(Ord. 2004-7 §2; Ord. 2014-01 §2)

(Ord. No. 2014-12, § 15, 9-22-2014; Ord. No. 2015-07, § 3, 7-28-2015)

Landscaping is an essential feature of every site plan. The Town may require the planting and care of such trees and shrubs as may be reasonably necessary to screen unsightly areas and cause the development to present an attractive visual appearance. Existing planting may be acceptable as required planting to the extent that it is compatible in every respect with the landscaping requirements imposed by the Town.

(1)

Landscaping design standards.

a.

Parking lots.

1.

At least six percent (6%) of the interior area of a parking lot shall be landscaped if the lot contains fifteen (15) or more spaces. At least seventy-five percent (75%) of the required landscaped area shall include living plant material.

2.

Parking lot setback areas required by this Chapter shall be landscaped with trees, shrubs and ground covers or turf grasses. For nonresidential uses, trees should generally be provided in numbers equal to one (1) tree per twenty-five (25) lineal feet along a public street and one (1) tree per fifty (50) lineal feet along a side lot line parking setback area. Trees may be spaced irregularly in natural grouping rather than uniformly spaced. Parking setback landscaping along a street may be located in and should be incorporated with landscaping in the street right-of-way.

3.

Parking lots with six (6) or more parking spaces must be screened from adjacent residential lots. Screening from residential uses must be by a visible barrier six (6) feet in height and of sufficient opacity to block at least seventy-five percent (75%) of the light from the motor vehicle headlights. This screening may also include a solid wall, wood fence, earthen berm or constructed planter. The winter seasonal condition of plant material shall be considered when it is used in meeting screening performance standards.

4.

Landscaped islands should be dispersed so as to improve parking lots by providing visual relief with seasonal tree shading. Each island should include one (1) or more full-sized trees, as found in Subparagraph (3)c. below. A mix of shade trees and evergreen shrubs is encouraged. Landscaped islands must be delineated by a clear physical barrier such as concrete curbs to protect the plant materials from vehicular damage.

5.

Provisions must be made for permanent irrigation of all plant materials in parking lots.

b.

Plant material.

1.

Existing mature healthy trees shall be preserved wherever possible. Existing trees and other plants in reasonably healthy condition may be removed only if the owner or developer has satisfactorily demonstrated that site design restrictions necessitate their removal.

2.

All new plant material shall emphasize the use of native and drought-tolerant species that reflect the character of the native landscape. All plants shall meet the standards for measurement, grading, branching, quality, ball and burlapping as stated in the American Standard for Nursery Stock, 1990 Edition, American Association of Nurserymen (AAN-ASNS) for No. 1 grade, and Colorado Nursery Act of 1965 (CAN). Only trees which are balled and burlapped shall be planted.

3.

The planting of Chinese and Siberian elms is prohibited. Such elms tend to be prone to disease, weak branches, suckering and the uncontrollable spread of seeds. American elms are excluded from the prohibition. Cotton-bearing cottonwoods (female Populus species), Russian olive and box elders are prohibited due to the uncontrollable spread of seeds.

4.

The use of Xeriscape materials is encouraged.

c.

Plant size. At the time of planting, plants should be sized according to the following table (caliper measured six [6] inches above soil line):

d.

Sight triangles. To avoid landscape material from blocking driver sight distance at intersections, no plant material greater than thirty (30) inches in height shall be located in the sight distance triangle as defined in Section 16-13 of this Chapter.

(2)

Irrigation.

a.

Underground automatic irrigation systems are required for landscaping which cannot survive on natural precipitation except for temporarily seeded areas. The use of drip, trickle, subterranean and other water-conserving irrigation methods is encouraged, as is the use of organic mulches and other water-conserving design features. The overall irrigation system design should emphasize efficient water use and conservation.

b.

Developments with seeded areas shall provide an erosion control plan with irrigation provisions.

(3)

Maintenance.

a.

All property owners/occupants of multiple-family residential, business and industrial property shall be responsible for the proper maintenance of the landscaping and the irrigation systems on their property and on that portion of the public right-of-way between the curb line and the adjoining property line in which landscaping has been placed.

b.

Trees and shrubs shall not overhang or encroach upon walkways, drives, parking areas and traffic signs to the extent that they interfere with the intended use of these facilities. Tree limbs which overhang the public sidewalk shall be kept trimmed to a height of at least ten (10) feet above the sidewalk. Tree limbs which overhang the public street shall be kept trimmed to a height of at least thirteen (13) feet above the street level.

c.

Dead or diseased plant material shall be replaced with the same type of plant material and placed in substantially the same location as shown on the approved site development plan.

(Ord. 2004-7 §2)

(a)

Title and purpose.

(1)

Statutory authorization. The Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised Statutes, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Board of Trustees of the Town of Gilcrest, Colorado, does hereby adopt the following floodplain management regulations.

(2)

Findings of fact.

a.

The flood hazard areas of the Town of Gilcrest are subject to periodic inundation, which can result 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 health, safety and general welfare of the public.

b.

These flood losses are created 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.

(3)

Statement of purpose. It is the purpose of this Section to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

a.

Protect human life and health;

b.

Minimize expenditure of public money for costly flood control projects;

c.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d.

Minimize prolonged business interruptions;

e.

Minimize damage to critical facilities, infrastructure and other public facilities such as water, sewer and gas mains; electric and communications stations; and streets and bridges located in floodplains;

f.

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

g.

Insure that potential buyers are notified that property is located in a flood hazard area.

(4)

Methods of reducing flood losses. In order to accomplish its purposes, this Section uses the following methods:

a.

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

b.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

d.

Control filling, grading, dredging and other development which may increase flood damage; and

e.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(b)

Definitions. Unless specifically defined below, words or phrases used in this Section shall be interpreted to give them the meaning they have in common usage and to give this Section its most reasonable application.

100-year flood. A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years.

100-year floodplain. The area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

500-year flood. A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred years.

500-year floodplain. The area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

Addition. Any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial fan flooding. A fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

Area of shallow flooding. A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood elevation (BFE). The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement. Any area of a building having its floor sub-grade (below ground level) on all sides.

Channel. The physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization. The artificial creation, enlargement or realignment of a stream channel.

Code of federal regulations (CFR). The codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

Community. Any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Conditional letter of map revision (CLOMR). FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical facility. A structure or related infrastructure, but not the land on which it is situated, as specified in Section 16-50(e)(8), that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. See Section 16-50(e)(8).

Development. Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DFIRM database. Database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.

Digital flood insurance rate map (DFIRM). FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Elevated building. A non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal register. The official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

FEMA. Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of water from channels and reservoir spillways;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source; or

(3)

Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.

Floodplain or flood-prone area. Any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain administrator. The community official designated by title to administer and enforce the floodplain management regulations.

Floodplain development permit - A permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management ordinance.

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood control structure. A physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing. Any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (regulatory floodway). The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard. The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior or;

b.

Directly by the Secretary of the Interior in states without approved programs.

Letter of map revision (LOMR). FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).

Letter of map revision based on fill (LOMR-F). FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee. A man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.

Manufactured home. A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level. For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

Material safety data sheet (MSDS). A form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

National flood insurance program (NFIP). FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

New construction. Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

No-Rise certification. A record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

Physical map revision (PMR). FEMA's action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special flood hazard area. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of construction. The date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or

(2)

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Threshold planning quantity (TPQ). A quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

Variance. A grant of relief to a person from the requirement of this Section when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Section. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water surface elevation. The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(c)

General Provisions.

(1)

Lands to which this Section applies. The ordinance shall apply to all Special Flood Hazard Areas and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of the Town of Gilcrest, Colorado.

(2)

Basis for establishing the special flood hazard area. The Special Flood Hazard Areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Weld County, Colorado and Incorporated Areas," dated November 30, 2023, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Section. These Special Flood Hazard Areas identified by the FIS and attendant mapping are the minimum area of applicability of this Section and may be supplemented by studies designated and approved by the Board of Trustees. The Floodplain Administrator shall keep a copy of the Flood Insurance Study (FIS), DFIRMs, and FIRMs on file and available for public inspection.

(3)

Establishment of floodplain development permit. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Section.

(4)

Compliance. No structure or land shall hereafter be located, altered, or have its use changed within the Special Flood Hazard Area without full compliance with the terms of this Section and other applicable regulations. Nothing herein shall prevent the Board of Trustees from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

(5)

Abrogation and greater restrictions. This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section and another ordinance, easement, covenant, nor deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(6)

Interpretation. In the interpretation and application of this Section, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the governing body; and

c.

Deemed neither to limit nor repeal any other powers granted under State statutes.

(7)

Warning and disclaimer of liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Section does not imply that land outside the Special Flood Hazard Area or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the Community or any official or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.

(8)

Severability. This Section and the various parts thereof are hereby declared to be severable. Should any section of this Section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(d)

Administration.

(1)

Designation of the floodplain administrator. The Town Administrator is hereby appointed as Floodplain Administrator to administer, implement and enforce the provisions of this Section and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

(2)

Duties & responsibilities of the floodplain administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

a.

Maintain and hold open for public inspection all records pertaining to the provisions of this Section, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by Section 16-50(d)(3).

b.

Review, approve, or deny all applications for Floodplain Development Permits required by adoption of this Section.

c.

Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

d.

Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

e.

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Section, including proper elevation of the structure.

f.

Where interpretation is needed as to the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

g.

When Base Flood Elevation data has not been provided in accordance with Section 1.(c)(2), the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of Section 16-50(e).

h.

For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated, 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-half foot at any point within the community.

i.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

j.

Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

k.

Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(3)

Permit procedures. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to Special Flood Hazard Area. Additionally, the following information is required:

a.

Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

b.

Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

c.

A certificate from a registered Colorado Professional Engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 16-50(e)(2)b.;

d.

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

e.

Maintain a record of all such information in accordance with 16-50(d)(2).

(4)

Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Section and the following relevant factors:

a.

The danger to life and property due to flooding or erosion damage;

b.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

c.

The danger that materials may be swept onto other lands to the injury of others;

d.

The compatibility of the proposed use with existing and anticipated development;

e.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

f.

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

g.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

h.

The necessity to the facility of a waterfront location, where applicable;

i.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

j.

The relationship of the proposed use to the comprehensive plan for that area.

(5)

Variance procedures.

a.

The Appeal Board, as established by the Community, shall hear and render judgment on requests for variances from the requirements of this Section.

b.

The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Section.

c.

Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

d.

The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

e.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in 16-50(d)(3) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

f.

Upon consideration of the factors noted above and the intent of this Section, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Section.

g.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

h.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

i.

Prerequisites for granting variances:

1.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

2.

Variances shall only be issued upon:

i.

Showing a good and sufficient cause;

ii.

A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

iii.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

3.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the Base Flood Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

j.

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a Functionally Dependent Use provided that:

1.

The criteria outlined in Section 16-50(d)(4)a-j are met, and

2.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(6)

Penalties. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Section and other applicable regulations. Violation of the provisions of this Section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this Section or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the Town of Gilcrest. Nothing herein contained shall prevent the Town of Gilcrest from taking such other lawful action as is necessary to prevent or remedy any violation.

(e)

Provisions for flood hazard reduction.

(1)

General Standards. In all Special Flood Hazard Areas the following provisions are required for all new construction and substantial improvements:

a.

All new construction or substantial improvements shall be 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;

b.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

c.

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

d.

All new construction or substantial improvements shall be 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;

e.

All manufactured homes 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, but are not limited to, 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.

f.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

g.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,

h.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(2)

Specific Standards. In all Special Flood Hazard Areas where base flood elevation data has been provided as set forth in (i) Section 16-50(c)(2), (ii) Section 16-50(d)(2)g, or (iii) Section 16-50(e)(7), the following provisions are required:

a.

RESIDENTIAL CONSTRUCTION. New construction and Substantial Improvement of any residential structure shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

b.

NONRESIDENTIAL CONSTRUCTION With the exception of Critical Facilities, outlined in Section 16-50(e)(8), new construction and Substantial Improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one foot above the base flood elevation 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 and effects of buoyancy.

A registered Colorado Professional Engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. Such certification shall be maintained by the Floodplain Administrator, as proposed in Section 1.(d)(3).

c.

ENCLOSURES New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for 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 Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

1.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

2.

The bottom of all openings shall be no higher than one foot above grade.

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

d.

MANUFACTURED HOMES All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:

1.

The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are one foot above the base flood elevation, or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

e.

RECREATIONAL VEHICLES All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:

1.

Be on the site for fewer than 180 consecutive days,

2.

Be fully licensed and ready for highway use, or

3.

Meet the permit requirements of Section 16-50(d)(3), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(3)

Standards for areas of shallow flooding (AO/AH Zones) Located within the Special Flood Hazard Area established in Section 16-50(c)(2), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined 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; therefore, the following provisions apply:

a.

RESIDENTIAL CONSTRUCTION. All new construction and Substantial Improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

b.

NONRESIDENTIAL CONSTRUCTION With the exception of Critical Facilities, outlined in Section 1.(e)(8), all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 1.(d)(3), are satisfied.

Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures.

(4)

Floodways. Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted Floodway standards that are more stringent than the FEMA minimum standard (see definition of Floodway in Section 16-50(b). Located within Special Flood Hazard Area established in Section 16-50(c)(2), are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

a.

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge.

b.

If Section 16-50(e)(4)a above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16-50(e).

c.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA.

(5)

Alteration of a watercourse For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the following standards apply:

a.

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

b.

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

c.

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations and ordinances.

d.

Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.

e.

All activities within the regulatory floodplain shall meet all applicable Federal, State and Town of Gilcrest floodplain requirements and regulations.

f.

Within the Regulatory Floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a Floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions Floodway resulting from the project, otherwise known as a No-Rise Certification, unless the community first applies for a CLOMR and Floodway revision in accordance with Section 16-50(e)(4).

g.

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

(6)

Properties removed from the floodplain by fill. A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:

a.

RESIDENTIAL CONSTRUCTION The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill.

b.

NONRESIDENTIAL CONSTRUCTION The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(7)

Standards for subdivision proposals.

a.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

b.

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Section 16-50(c)(3); Section 16-50(d)(3); and the provisions of Section 16-50(e) of this Section.

c.

Base Flood Elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 16-50(c)(2) or Section 16-50(d)(2) of this Section.

d.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

e.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(8)

Standards for critical facilities. A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

a.

CLASSIFICATION OF CRITICAL FACILITIES. It is the responsibility of the Board of Trustees to identify and confirm that specific structures in their community meet the following criteria:

Critical Facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.

1.

Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.

These facilities consist of:

i.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

ii.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors' offices, and non-urgent care medical structures that do not provide these functions);

iii.

Designated emergency shelters;

iv.

Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

v.

Public utility plant facilities for generation and distribution ( hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

vi.

Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.

2.

Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

These facilities may include:

i.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

ii.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

iii.

Refineries;

iv.

Hazardous waste storage and disposal sites; and

v.

Above ground gasoline or propane storage or sales centers.

Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this Section, but exclude later amendments to or editions of the regulations

Specific exemptions to this category include:

i.

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

ii.

Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

iii.

Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this Article.

3.

At-risk population facilities include medical care, congregate care, and schools.

These facilities consist of:

i.

Elder care (nursing homes);

ii.

Congregate care serving 12 or more individuals (day care and assisted living);

iii.

Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children);

4.

Facilities vital to restoring normal services including government operations.

These facilities consist of:

i.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

ii.

Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

These facilities may be exempted if it is demonstrated to the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this Section, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.

b.

PROTECTION FOR CRITICAL FACILITIES. All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this Section, protection shall include one of the following:

1.

Location outside the Special Flood Hazard Area; or

2.

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the Base Flood Elevation.

c.

INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES New Critical Facilities shall, when practicable as determined by the Board of Trustees, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(Ord. No. 2015-11, § 1, 11-20-2015; Ord. No. 2023-05, § 1, 7-17-2023)

(a)

Purpose and Intent. The purpose of promoting redevelopment and infill development is to support efficient growth, land use and cost-effective delivery of services. The provisions recognize the design challenges inherent to redevelopment and infill properties, and ensure that new development is consistent in character and scale with surrounding properties.

(b)

The specific objectives of this Section as related to redevelopment and infill are to:

(1)

Allow flexibility in housing location, type and densities consistent with the Comprehensive Plan;

(2)

Provide flexibility in lot size, configuration, and vehicle access to facilitate redevelopment and infill development;

(3)

Provide clear development standards that promote compatibility between new and existing development and promote certainty in the marketplace;

(4)

Encourage development of needed housing in close proximity to employment and services;

(5)

Promote neighborhood preservation and enhancement through redevelopment of blighted, distressed, and underutilized properties;

(6)

Encourage mixed use development to complete neighborhoods and provide housing close to jobs; and

(7)

Encourage development and preservation of a variety of housing types through infill development.

(c)

Development Standards.

Table 1. Redevelopment and Infill
Development Standards ₁

¹  Pursuant to Section 16-65 (a)(2), the TRC is authorized to waive development standards for redevelopment and infill development projects when strict compliance with the standards in this chapter would make a project infeasible. The TRC may waive such development standards only after he or she is satisfied that the applicant has used his or her best efforts to comply with the development standards. The TRC may waive the standards if the applicant has provided a compensating amenity or has properly mitigated adverse effects. The waiver shall be granted only if such variance will not adversely affect adjacent properties or the surrounding neighborhood.

(d)

Parking. Sufficient parking shall be provided for redevelopment or infill development projects as determined by the technical review committee (TRC) based on an analysis of parking requirements for similar uses or on anticipated parking demands. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates.

(e)

Landscaping. For non-residential uses, trees should generally be provided in numbers equal to one (1) tree per forty (40) lineal feet along a public street and one (1) tree per fifty (50) lineal feet along a side lot line setback area.

(f)

Additional Criteria.

(1)

The subject site is clearly defined as redevelopment, containing lawfully existing buildings and structures and has existing utility infrastructure in place; or the site is clearly defined as infill development, being less than 10 acres in size and where the land along at least seventy-five percent (75%) of the boundaries of the proposed site (ignoring intervening streets) has been developed for a period of at least ten (10) years;

(2)

The proposed use does not create a significant change in character of the surrounding environment;

(3)

Potential negative impacts have been mitigated through building placement, architecture, screen walls, landscaping, site arrangement or other methods;

(4)

The redevelopment complies with all applicable standards set forth in this Code;

(5)

The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any similar plans; and

(6)

A redevelopment plan has been provided and complies with requirements set forth in Sec. 16-63 of the Town Code.

(Ord. No. 2017-03, § 4, 3-7-17)

(a)

In all residential and commercial districts, the parking or storage of a recreational vehicle, boat or trailer is permitted only in the following manner:

(1)

Parking or storage is permitted inside any lawful enclosed structure.

(2)

Only one (1) recreational vehicle, boat or trailer may be parked or stored on private property outside of an enclosed structure in the front, side or rear yard where the area has been surfaced in conformance with Section 8-61(2)(c) or Section 16-46(3)(c), as long as the recreational vehicle, boat or trailer does not impede safe entry to or exit from any house or inhibit emergency access to or from any structure or the side or rear yard. For purposes of this Section, access of less than two (2) feet in width shall be presumed unsafe. A maximum of two (2) vehicle types as identified in this Subparagraph are allowed to be parked in the rear and side yard per lot or parcel of residential real property on lots equal to or greater than seven thousand five hundred (7,500) square feet per dwelling.

(3)

All parts of the recreational vehicle, boat or trailer shall be located on a hard-surfaced or gravel area.

(4)

The recreational vehicle, boat or trailer must be located behind the required front setback lines established for any such lot under this Chapter.

(5)

No part of the recreational vehicle, boat or trailer may be parked or stored directly in front of the principal building.

(6)

No part of the recreational vehicle, boat or trailer may extend over any portion of a public sidewalk or other public right-of-way.

(7)

In any residential zone district, parking is permitted only for storage purposes. Recreational vehicles, boats or trailers shall not be:

a.

Used for dwelling purposes, except that incidental overnight sleeping for periods not exceeding seven (7) consecutive nights and not more than twenty-one (21) nights in any one (1) calendar year is permitted when the recreational vehicle, boat or trailer is stored on the private property, with permission of the property owner;

b.

Permanently connected to sewer lines, water lines or electric service, other than temporary connection to electric service for charging batteries, maintenance and similar purposes; or

c.

Used for storage of goods, materials or equipment other than those items considered to be part of the unit or integral to the use of the recreational vehicle, boat or trailer as intended by the manufacturer.

(8)

The owner of a recreational vehicle, boat or trailer may park the recreational vehicle, boat or trailer on the street immediately in front of the owner's house for not more than forty-eight (48) consecutive hours. At least forty-eight (48) hours must pass before the recreational vehicle, boat or trailer may be parked in the same or similar location again.

(b)

Nothing in this Section is intended to prohibit the storage, parking or use of recreational vehicles, boats or trailers in nonresidential zone districts if such use is a permitted use or accessory use under this Chapter.

(c)

It shall be unlawful for any person to relocate or otherwise move a recreational vehicle, boat or trailer to a new location from the recreational vehicles boat or trailer's original parked location in an attempt to circumvent or evade the provisions of this section 16-52.

(Ord. No. 2017-04, § 1, 6-6-2017)

Editor's note— Ord. No. 2017-04, § 1, adopted June 6, 2017, set out provisions intended for use as section 16-51. Inasmuch as there were already provisions so designated, the provisions have been redesignated as section 16-52, at the discretion of the editor.