This chapter establishes the zoning districts and contains basic information pertaining to the districts. The table found at section 10.20.170, uses by zoning district, identifies the uses allowed within the districts. Chapter 10.24, development and dimensional standards, contains the site layout, building design and dimensional standards that apply to development in the districts.

(Ord. No. 711, § 1, 2-17-2022)

In order to carry out the provisions of this Development Code, the town is divided into the following zoning districts:

O - Open District

RLD - Residential Low Density District

RMD - Residential Medium Density District

RHD - Residential High Density District

MHR - Mobile Home Residential District

CBD - Central Business District

C - Commercial District

I-1 - Light Industrial District

I-2 - Industrial District

(Ord. No. 711, § 1, 2-17-2022)

(a)

The location and boundaries of the zoning districts established in section 10.20.020, districts established, are set forth on the zoning district map of the town. The official zoning map, along with all of the notations, references and other information shown on the map, is hereby incorporated in and made part of this title.

(b)

If changes are made in district boundaries or other items portrayed on the official zoning district map in accordance with the procedures established in this Code, the changes shall be entered on the map.

(c)

A copy of the official zoning map shall be available and on display at the town hall during normal business hours. In addition, one copy of the official zoning map, and all prior official zoning maps that have been adopted, shall be held in a secure place by the town clerk, who shall act as custodian thereof, and the maps shall not be amended, changed, updated or otherwise modified or let out of direct control of the town for any reason whatsoever. The secured map is to be released for inspection only upon authorization of the town clerk.

(d)

Zoning district boundaries are intended to be property ownership lines or lot lines; centerlines of streets, alleys or extensions thereof; channelized waterways or similar rights-of-way; the centerlines of blocks, sections or township lines; town corporate boundaries; the centerlines of streambeds; or other lines drawn approximately to scale on the official zoning map. In the event that a zoning district boundary is unclear or disputed, it shall be the responsibility of the manager to determine the intent and actual location of the zoning district boundary.

(Ord. No. 711, § 1, 2-17-2022)

(a)

The uses permitted in each zoning district correspond to the unique characteristics of that zone district. Each zone district is intended to be consistent with and limit adverse effects and impacts in the use of the land. In all zone districts, care is taken to allow for potential development under reasonable controls. To accomplish this goal, the allowable uses are divided into four categories: uses permitted by right, minor uses, administrative uses and conditional uses. Uses for each zone district are classified into one of the four categories based on their potential impact and compatibility with other uses in that zone district. This allows for a review of the proposed land use change commensurate with its potential impact.

(1)

Uses permitted by right. Uses so designated are allowed automatically, without further application or administrative review by the Town provided they are undertaken in compliance with the requirements of this Development Code. It should be noted that permits from other agencies may be required for certain uses by right, e.g. a building permit is required to construct a new single-family dwelling even though it is a use by right in certain zone districts.

(2)

Minor use. Uses so designated are allowed by permit only. The permit must be granted upon proof that certain conditions, development and performance standards can be met and complied with. As these uses are generally limited in impact or duration, there are no requirements to notify adjacent property owners and the permit can be issued without a public hearing.

(3)

Administrative uses. Uses so designated are allowed by permit only. The permit must be granted upon proof that certain conditions, development and performance standards can be met and complied with. These uses are generally limited in impact or duration, however they may have the potential to have significant impacts on surrounding properties. While no public hearing is required to approve these uses, notification of adjacent property owners is required prior to approval.

(4)

Conditional uses. Use so designated are allowed by permit only. The permit may be granted upon proof that certain conditions, development and performance standards shall be complied with. These uses receive the highest level of scrutiny of any of the four categories of uses including notification of adjacent property owners, review by the planning commission and a final decision by the Council at public hearings.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to define and preserve the town's agricultural heritage; to allow for larger public uses such as parks, open spaces, schools and the Routt County Fairgrounds; and to provide separation between and from potentially incompatible uses. This district is not intended for residential development. The owner of any property in the O - Open District may at any time petition to rezone the property consistent with the rezoning procedures of this Development Code.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to build a traditional residential area of single-family and duplex units on single lots with a mixture of lot sizes and building types. The district will incorporate tree-lined local streets and a network of alleys tied to the existing street grid when possible. The RLD District encourages the creation of viable neighborhoods that connect with each other and integrate into the existing Hayden community with new streets, bikeways, sidewalks, paths and trails. RLD District residents shall have convenient access to parks, schools, open space, trails and services.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to provide compact residential development and transition between lower and higher density residential uses and commercial uses. The RMD District encourages the creation of viable neighborhoods that occur adjacent to community destinations (schools and parks) and at key existing and future intersections. Uses should be designed in a manner that emphasizes ease of access and compatibility between neighboring uses.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to provide an increased level of density promoting a mix of uses, multi-family and clustered housing within walking distance to the downtown core. A mix of housing types is anticipated with this density including some inclusionary housing types (accessory dwelling units, workforce housing). Properties in this area should develop with multiple stories with street and open space designs in these areas encouraging pedestrian interaction and discouraging high automobile speeds. Multi-family residential developments shall also be designed around, or adjacent to, open space.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to provide areas for mobile home parks and mobile home subdivisions. Mobile homes are to be restricted to this district. This district is designed to provide orderly development of single-family residential mobile and manufactured home parks having rented lots and/or mobile home subdivisions having home-owner lots. New development shall provide neighborhood park facilities or impact fees-in-lieu. Parks should be centrally located and pedestrian accessible on land that is improved as part of the development process. Additionally, pedestrian trails that connect major destinations (shopping, schools) with parks and open space corridors shall be incorporated and designed.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to support traditional downtown uses (civic, office, retail, restaurant and cultural) with historic areas to be preserved and rehabilitated. Infill development is encouraged to create a multi-block, walkable downtown area. Residential development is encouraged above the first floor or to the rear of buildings along the Jefferson Avenue/US Highway 40 corridor with residential infill (multi-story) along perpendicular streets. Rooftop amenities are encouraged to provide additional outdoor spaces in more dense environments and are not to be included within height limitations.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this district is to promote and provide a variety of commercial, business and residential uses heading into the historic downtown core area. These include space for professionals and tradespeople specializing in the built environment, live-work opportunities couples with elements needed for trades such as indoor and outdoor storage space, trailer/large vehicle equipment parking, and offices. Warehouses, commercial sales, construction supplies and offerings are encouraged so as to promote the town as a center for trades commerce. Commercial areas at the gateways to town along Jefferson Avenue/US Highway 40 should create a cohesive transition between residential and commercial properties, and use combined access points, architectural design consistent with Hayden's character (one to two and one-half story), pedestrian and bicycle access and minimized parking visibility along the Jefferson Avenue/US Highway 40 frontage.

(Ord. No. 711, § 1, 2-17-2022)

It is the intent of this district to provide locations for a variety of workplaces including light industrial uses, research and development offices and institutions and complementary secondary uses. Additionally, this district is intended to encourage the development of planned office and business parks and to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes.

(Ord. No. 711, § 1, 2-17-2022)

The intent of this zoning district is to provide a location for a variety of employment opportunities such as manufacturing, warehousing and distributing, indoor and outdoor storage and a wide range of commercial and industrial operations and complementary secondary uses. Uses in this district require good access to major arterial streets and adequate water, sewer and power.

(Ord. No. 711, § 1, 2-17-2022)

The Airport Overlay (AO) District is a supplemental zone district that overlays the underlying zone districts in the vicinity of the Yampa Valley Regional Airport (YVRA) as such is shown on the zoning map. Besides uses identified in the most current Town-approved version of the YVRA Airport master plan and accessory buildings and uses incident to YVRA operations, any use permitted by right or permitted use in the underlying zone districts is also permitted in the AO District so long as that use meets the special conditions and standards required in the AO District as further detailed in chapter 10.28 as well as other applicable standards of this Development Code.

The AO District is designed to minimize exposure of residential and other sensitive land uses to aircraft noise areas, to avoid danger from aircraft accidents, to reduce the possibility for such accidents, and to restrict incompatible land uses in proximity to and within airport influence areas. It is also designed to minimize the potential negative impacts of structures and land uses on airport operations and navigable airspace.

The degree of protection provided by this overlay zone district is considered reasonable and prudent for land use regulatory purposes and is based on established parameters on control. Establishment of this zone district, however, does not imply that areas outside of the zone district will be totally free from airport and aircraft related hazards nor that all hazards within the zone district will be completely mitigated. Establishment of this overlay zone district shall not create a liability on the part of or cause any action against the town or any officer, employee or contractor thereof for any damages that may result directly or indirectly from reliance on the provisions contained herein.

(Ord. No. 711, § 1, 2-17-2022)

The Agri-Hood Residential Overlay (AGR) District is a supplemental zone district that allows for clustered development within preserved agricultural areas. An AGR District is intended to create a connection with food, conserving land while growing the community.

Preserved agricultural areas may range in size based on production goals, farm operations and management, staffing abilities and land availability with a minimum size of five acres. Residential housing types should be mixed within these areas and not exceed a gross density of six units per acre. Additional uses within AGR Districts may include conservation areas, protected farmland, food-production space, farm service areas, clustered homes, event space, trails, farm-to-table restaurants, farmer's markets and community and education centers. This land use designation is an overlay use in the RLD Residential Low Density District and O Open District.

(Ord. No. 711, § 1, 2-17-2022)

The Recreation Lodging Overlay (RL) District is a supplement zone district that promotes recreation opportunities and access with recreation lodging options nestled in nature, such as camping (RV and tent), yurts, guest houses and cottages and associated amenities and services. Public trails and public access to the Yampa River is required with development of these types of improvements.

(Ord. No. 711, § 1, 2-17-2022)

The following table indicates which land uses are uses permitted by right, which are minor uses, administrative uses and which are conditional uses. Uses not listed are prohibited. All uses permitted by right, minor, administrative and conditional uses shall be subject to the applicable provisions of this Development Code.

Uses by Zoning District

(Ord. No. 711, § 1, 2-17-2022)