The following performance standards and mitigation measures apply to certain land uses allowed by this Development Code to assist in determining the compatibility with the surrounding uses and appropriate mitigation of negative impacts. These standards are in addition to the other applicable standards in this Development Code.

(Ord. No. 711, § 1, 2-17-2022)

Accessory dwelling units are defined as an apartment integrated within a single-family dwelling or located in a detached accessory building and may be located in any zone district upon meeting the standards.

(1)

Accessory dwelling units. Accessory dwelling units (ADU) are permitted upon conformance with the following standards:

a.

ADUs are only permitted on lots with an existing single-family dwelling;

b.

ADUs must be located on the same lot as the single-family dwelling or a contiguous lot in the same ownership;

c.

ADUs are limited to 800 square feet of habitable space, measured by the floor area within the walls of the structure including any basement but excluding garages, decks and unenclosed porches; and

d.

There shall be no more than one ADU located on a lot.

(2)

Density. For the purposes of calculating residential density, each ADU shall count as one-half dwelling unit.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Intent. Agritourism enterprises are intended to be incidental while supporting the agriculture uses of a working agricultural operation.

(b)

General provisions. Any agritourism enterprises must meet the following standards:

(1)

The agritourism enterprise must be operated by the owner or lessee of the agricultural use.

(2)

Sales of products on-site shall be limited to those clearly incidental and accessory to the agritourism enterprise and identified through the permitting process.

(3)

All federal, state and local permits shall be obtained and complied with. The operation shall comply with all local, state and federal laws.

(4)

The access to serve the use shall be via a public road right-of-way, and adequate parking shall be provided. Parking on the road right-of-way is prohibited.

(5)

Adequate sanitation facilities meeting the standards of the county environmental health department shall be provided.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Intent. The intent of this overlay district is to define standards for permitted uses by right and permitted uses on property related to the Yampa Valley Regional Airport (YVRA). Further, the intent is to allow land uses in the immediate vicinity of YVRA such as light industrial, commercial or business uses related to airport operations that are located, designed, constructed, and maintained in a manner that does not impair the safe operation of the Yampa Valley Regional Airport.

(b)

Building height limit.

(1)

No structure, except for airport buildings and associated structures, shall exceed two and one-half stories or 25 feet in height.

(2)

Maximum height regulations lesser than those provided herein may be set by special airport zoning regulations for buildings in an airport approach zone.

(3)

Airport buildings and structures shall not exceed 50 feet in height, provided that a particular building, or buildings, may be permitted to exceed such height limit only upon the approval of a conditional use permit.

(c)

Area regulations. All buildings and structures located in the airport overlay shall meet the minimum setback requirements of the underlying zoning district and any other applicable setback requirements set forth elsewhere in this Development Code.

(d)

Prohibited lighting and electronic signals.

(1)

Any moving, pulsating, flashing, rotating, or oscillating light, other than navigational markings or lights marking potential obstructions in accordance with Federal Aviation Administration requirements;

(2)

Flood lights, spotlights, or other lighting devices which are not shielded so as to prevent illumination in an upward direction;

(3)

Any lights which make it difficult for pilots to distinguish between airport lights and others, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport or otherwise in any way endangers or interferes with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(4)

Any electronic impulse or signal which interferes with radio communications between aircraft and the airport, or which interferes with established navigation aids, is prohibited in the airport overlay district.

(Ord. No. 711, § 1, 2-17-2022)

(a)

The owner or manager shall be a full-time resident of the bed and breakfast establishment.

(b)

All guest rooms shall be an integrated part of the principal dwelling unit, which shall have the appearance of a single-family home.

(c)

Cooking facilities are not permitted in the guest rooms.

(d)

Meals may only be served to the occupants of the bed and breakfast establishment.

(e)

There shall be no more than four guest bedrooms.

(f)

Signage shall be limited to a maximum of four square feet with downcast and shielded lighting, and shall only contain the name and address of the bed and breakfast establishment.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Childcare centers and childcare homes shall be licensed by the state department of human services and meet all licensing requirements of the state.

(b)

Adequate employee parking and safe traffic circulation shall be provided and approved by the Hayden chief of police and public works director.

(c)

Signage shall be limited to a maximum of four square feet with downcast and shielded lighting, and shall only contain the name and address of the childcare center or childcare home.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Applicability. This section applies to any application for a permit or approval under this Development Code involving a facility to be used for church or similar religious purposes or a use in connection with a church or similar religious activity. It is intended to comply with the Religious Land Use and Institutionalized Persons Act of 2000.

(b)

Standards. No process or provision contained in this Development Code shall be applied so as to impose, in connection with a church or similar religious purpose or activity, a substantial burden on the religious exercise of a person, a religious assembly or institution unless it is established by the town that imposition of the burden is a) in furtherance of a compelling governmental interest; and b) is the least restrictive means of furthering that compelling governmental interest. A determination concerning these two criteria shall be make in accordance with the following guidelines:

(1)

In the event that a person, a religious assembly or institution who or that has filed or intends to file an application for a permit or approval under this Development Code for what that person, assembly or institution contends is a church or similar religious purpose or activity, and also contends that some process or rule imposed by this Development Code in connection with the proposed church or similar religious purpose or activity constitutes or will constitute a substantial burden on the religious exercise of that person, assembly or institution, such person, assembly or institution may request a prompt determination by the Council as to whether:

a.

The proposed use or facility is a church or similar religious purpose or activity;

b.

Whether the specified rule or process constitutes a substantial burden on the religious exercise by the person, assembly or institution;

c.

Whether the burden imposed is in furtherance of a compelling governmental interest; and

d.

Whether the burden imposed is the least restrictive means of furthering that compelling governmental interest.

The manager shall have the burden of establishing criteria C. and D.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Facilities for the sale of agricultural products shall not exceed 300 square feet and shall comply with all building permit and associated standards.

(b)

Access to serve the use shall be approved by the town public works director.

(c)

Adequate parking shall be provided, and use of the public road right-of-way to provide parking shall be limited to the frontage of the property on which the farm stand is located.

(Ord. No. 711, § 1, 2-17-2022)

(a)

The home occupation must be clearly incidental and secondary to the residential use of the dwelling unit;

(b)

The home occupation shall not exceed 1,000 square feet or 30 percent of the total floor area of the dwelling, whichever is less, or can be located in an accessory building not to exceed 500 square feet.

(c)

The use must be contained entirely within the dwelling unit or its accessory structures;

(d)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation including advertising signs or displays of advertising that solicits or directs persons to the address except one non-animated, non-illuminated flat wall or window sign having an area of less than 100 square inches.

(e)

No equipment or process shall be used in the home occupation which creates any glare, fumes, odors or other objectionable conditions detectable to the normal senses outside of the property boundary.

(f)

No outside storage of goods, materials, equipment or anything else associated with the home occupation use is allowed except as permitted at (g) below.

(g)

The use shall not generate an amount of traffic which is a nuisance or which affects the residential character of the neighborhood. In addition, no more than one vehicle (passenger vehicle, light utility truck, recreational vehicle or farm truck) associated with the home occupation use may be parked outside on the property.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Intent. To establish design standards for mobile homes, including mobile home parks and mobile home subdivisions.

(b)

General provisions. Mobile homes shall comply with the following standards:

(1)

The mobile home must be partially or entirely manufactured in a factory.

(2)

The mobile home must be not less than 14 feet in width and 29 feet in length.

(3)

The mobile home must be set on an excavated, backfilled, engineered foundation enclosed at the perimeter so that the top of the perimeter wall sits no more than 12 inches above finish grade. The foundation shall be similar in appearance and durability to a masonry foundation of a site-built dwelling. The foundation shall provide an anchoring system for the mobile home that is totally concealed under the structure.

(4)

The mobile home must have brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of the wall section) downward to the top of the exposed perimeter foundation. The exterior siding of the mobile home must have the same appearance as materials commonly used on residential dwellings. Metal siding must be painted or anodized.

(5)

The mobile home must have a pitched roof with a pitch of at least a nominal three in twelve. The roof must be covered with shingles, shakes, standing seam metal panels or tile. Eaves of the roof must extend at least one foot from the intersection of the roof and the exterior walls.

(6)

The mobile home must have windows with wood, vinyl coated, anodized aluminum or similar materials frames.

(7)

The mobile home must have color-coordinated body and trim. Colors of both the factory components and the site-built components shall be the same.

(8)

The transportation mechanisms including the wheels, axles and hitch must be removed.

(9)

No mobile home shall be occupied for dwelling purposes unless it is properly placed in a mobile home space and connected to water, sewage, electric and gas utilities, as appropriate.

(10)

All mobile homes shall be certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. § 5401, et seq., as amended or shall be certified by the Colorado Division of Housing pursuant to C.R.S. § 24-32-701, et seq.

(11)

All mobile homes shall have an enclosed crawl space underneath the mobile home that shall not provide a shelter for rodents or create a fire hazard. No enclosed crawl space shall be used for storage unless the storage area is surfaced with concrete or water proof membrane. Adequate access and ventilation shall be provided in accordance with the guidelines for manufactured housing installation, including appendices, published by the international conference of building officials for mobile homes and as adopted by the town.

(12)

Additions to increase the floor area of mobile home shall not be permitted except for steps, patios, porches, garages, decks or carports. Garages and storage units may be detached or attached.

(13)

Prior to occupancy, the building official shall inspect each mobile home to determine compliance with applicable building codes. No occupancy shall be permitted or certificate of occupancy issued until said inspection and all connections to public utilities have been made. Installation procedures shall be in accordance with the then current guidelines for manufactured housing installation, including appendices, published by the international conference of building officials for mobile homes and as adopted by the town.

(14)

All additions shall comply with structure setback requirements in Table 10.24-1, Dimensional Standards, and a building permit shall be required in advance for any such addition.

(c)

Design standards. The following standards shall apply if in conflict with other standards in this Development Code:

(1)

Street design standards.

a.

All interior streets in a mobile home development shall be privately owned and maintained by the owner of the development and shall be a minimum width of 22 feet from back of curb to back of curb, including the width of gutter pans. Private streets shall have a public access easement suitable for use by emergency vehicles.

b.

Primary through streets shall be 34 feet from back of curb to back of curb with a four-foot detached sidewalk on one side being located six feet from the back of curb.

(2)

Parking. Every mobile home space shall have two off-street parking spaces adjacent to the mobile home. There shall be one additional parking space for each mobile home space within 100 feet for use of occupants and guests.

(3)

Pedestrian circulation. Developer shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The system shall be designed to link residential units with recreation facilities, school bus stops and existing sidewalks in the neighborhoods. Detached sidewalks within the mobile home residential development shall be a minimum of four feet in width.

(4)

Street and sidewalk lighting. All streets and sidewalks shall be lighted in accordance with the standards contained in this Development Code.

(5)

Access and circulation. A mobile home development shall have two means of access to public streets at the perimeter of the site. Internal circulation may be provided by public or private streets, driveways and alleys. Each mobile home space shall be provided access to the internal circulation system. No mobile home space shall have direct access to a public street on the perimeter of the site.

(6)

Sidewalk between street and mobile home. Concrete sidewalks shall be provided between the mobile home and the adjacent street sidewalk; except, the paved parking area may satisfy this requirement provided a sidewalk is provided from the parking area to the mobile home.

(7)

Traffic control.

a.

Pursuant to C.R.S. § 42-4-1102, the town elects to impose and enforce stop sign regulations, speed limits and parking restrictions posted in accordance with the manual of uniform traffic control devices upon all highways and streets which are privately maintained in mobile home developments. The owner of the mobile home development shall provide such signs as may be required by a traffic engineer or public works director, and agrees to erect and maintain such signs in conformity with the Model Traffic Code.

b.

The stop sign placement, speed limits and parking restrictions shall be determined by a traffic engineer or public works director, and shall be consistent with the provisions of C.R.S. § 42-4- 1101 to 42-4-1104 et al., C.R.S. § 42-4-1204, and C.R.S. § 42-4-1208.

c.

There shall be posted at each entrance to any such mobile home park a sign giving notice of such enforcement in the following text: "NOTICE: Stop sign, speed limit and parking regulations enforced by the Town of Hayden."

d.

When all signs are in place, stop sign, speed limits and parking regulations shall be enforced and violations thereof punished in accordance with the provisions of the Model Traffic Code then in effect.

(8)

Utility design requirement.

a.

All public utilities shall be installed in accordance with the applicable town or district standards.

b.

All public utility distribution lines shall be placed underground.

c.

A mobile home park shall have a master meter or meters for water service.

(9)

Mobile home space landscaping. The developer shall provide front and rear mobile home space landscaping for each mobile home space, including but not limited to, sod and irrigation system and trees and shrubs. The developer shall provide the town with a graphic representation of "typical" mobile home space landscaping for each of the mobile home designs to be located in the mobile home development.

(10)

Mobile home residential development perimeter and common space landscaping. The developer shall landscape the perimeter and common open space of the mobile home development in accordance landscaping plans submitted to the planning commission for review and approval.

(11)

Community space. No less than ten percent of the gross site area shall be reserved for and devoted to improved recreation areas and facilities provided in a location or locations convenient to all mobile home spaces.

(12)

Tenant storage.

a.

A separate uniform tenant storage structure may be provided for each space, located on each space.

b.

There may be a maximum of 200 square feet of storage area provided for each mobile home space.

c.

Design and location of tenant storage shall enhance the appearance of the park and the exterior siding of the structure shall have the same appearance as materials commonly used on residential dwellings.

(13)

Street names, addressing, mail delivery. All streets shall be named on the MHR development plan and submitted by the owner to the town, Routt County and U.S. Post Office for approval. Each space shall be numerically designated for address and mail purposes and signs furnished and installed by the mobile home residential developer. Cluster postal boxes will be provided at a central location(s) convenient to the residents. No individual street-side mailboxes are permitted unless otherwise approved by the town.

(14)

Solid waste disposal.

a.

The owner of the mobile home residential development shall be responsible for the promulgation and enforcement of rules and regulations governing solid waste storage and handling that meet or exceed local, state or federal regulations.

b.

The owner shall provide containers for the storage of solid wastes awaiting collection for each mobile home space. Containers are to be sized to completely contain twice the anticipated volume of solid wastes that are generated on the premises. Containers are to be watertight, impervious to insects and rodents and are to be kept off the street, curb, sidewalk and all other public ways, and concealed from public view, except on collection day.

(d)

Miscellaneous.

(1)

Single ownership of a mobile home residential development. A mobile home residential development may not be converted to another use other than such uses provided for in the MHR development plan without the approval of the Council and meeting the appropriate lot size, lot width, setback and other requirements of the new use. No dwelling unit other than a mobile home shall be located within a mobile home residential development.

(2)

Conformance of mobile home residential development to state law. A mobile home residential development and its operation shall conform to the provisions of the Mobile Home Park Act, C.R.S. § 38-12-201, et seq.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Intent. The intent of these regulations is to facilitate the development of oil, gas and other hydrocarbon resources within the town, while reserving the right to mitigate potential land use conflicts between such development and existing, as well as planned, land uses. Under Colorado law, the surface and mineral estates are separate and distinct interests in land and one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests, subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements. The state has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources, and in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction. These regulations are intended as an exercise of this land use authority.

(b)

General provisions. The standards in this section shall apply to all conditional use permits granted for oil and gas wells, production, operations and related facilities.

(c)

Building permit. Building permits must be obtained for all aboveground structures to which the town's building codes apply pursuant to title 15, buildings and construction.

(d)

Permit term. Permits will be granted for the following time periods:

(1)

Two years after date of approval, if permittee does not commence drilling and was granted a permit to drill by OGCC.

(2)

Three years after date of approval, if permittee does not commence construction operations on a OGCC approved oil and gas location.

(3)

Upon expiration of permittee's OGCC permit.

(e)

Well location and set-backs.

(1)

All wells shall be set at a distance from occupied dwellings, permitted buildings, or rights-of-way at not less than the minimum setback allowed by the Colorado Oil and Gas Conservation Commission (OGCC) rules and regulations.

(2)

Notwithstanding the foregoing, but subject to the exception in subsection (iii) below, in all areas of the town, the following apply:

a.

A wellhead location shall be set back not less than 350 feet from any occupied building or occupied building permitted for construction and shall be set back not less than 75 feet from any public right-of-way.

b.

Production tanks and/or associated on-site production equipment shall be set back not less than 350 feet from any occupied building or occupied building permitted for construction and shall be set back not less than 75 feet from any public right-of-way.

c.

Location and setback requirements may be waived if an exception has been granted by the OGCC director pursuant to applicable rules of the commission and a copy of waivers from each person owning an occupied building or building permitted for construction within 350 feet of the proposed location is submitted as part of the application for use by conditional review.

d.

When wells are existing, buildings shall not be constructed within the following distances:

1.

Buildings unnecessary to the operation of the well shall not be constructed within 200 feet of any such well.

2.

Any building to be used as a place of assembly, institution or school shall not be constructed within 350 feet of any well.

e.

When wells are existing, lots and roads shall not be platted within the following distances:

1.

Lots shall not be platted within 150 feet of an existing oil or gas well or its production facilities.

2.

Lots intended to be used as a place of assembly, institution or school shall not be platted to allow a building site within 350 feet of an existing oil or gas well or its production facilities.

3.

Streets shall not be platted within 75 feet of an existing oil or gas well or its production facilities, provided however, that streets may cross collection flow lines at right angles.

4.

Lots and streets may be platted over well and production sites that have been abandoned and reclaimed in accordance with the provisions of this Development Code. Such platting shall only occur after the completion of the abandonment and reclamation process.

(f)

State environmental regulations. The approval of a conditional use permit for operations under these standards shall not relieve the operators from complying with all current applicable state and federal regulations and standards concerning air quality, water quality and waste disposal.

(g)

Noise.

(1)

The conditional use permit application shall not relieve an operator from complying with all applicable state laws and regulations concerning noise.

(2)

Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all occupied buildings to the extent practicable.

(3)

Where a well and well site do not comply with the required setback or other requirements of this section or where the well and well site are in an area of particular noise sensitivity, additional noise mitigation may be required. An area of particular noise sensitivity includes but is not limited to the following: hospitals, dwelling units, nursing homes, hotels, churches and designated wildlife preserves. In determining noise mitigation, specific site characteristics shall be considered including, but not limited to the following:

a.

Nature, proximity, location and type of adjacent development;

b.

Prevailing weather patterns, including wind directions;

c.

Vegetative cover on or adjacent to the site; and

d.

Topography.

(4)

The level of required mitigation may increase with the proximity of the well and well site to areas of particular noise sensitivity or the level of noise emitted by the well and well site. One or more of the following additional noise abatement measures may be required:

a.

Acoustically insulated housing or cover enclosing the motor or engine;

b.

Noise management plan identifying hours of maximum noise emissions, type, frequency and level of noise to be emitted, and proposed mitigation measures; or

c.

Any abatement measures required by the OGCC for high-density areas, if applicable.

(h)

Visual impacts/aesthetics.

(1)

Visual impacts and aesthetics.

a.

To the maximum extent practicable, oil and gas facilities shall be located away from prominent natural features, such as distinctive rock and land forms, vegetative patterns, ditch crossings, town or county approved open space areas and other approved landmarks.

b.

To the maximum extent practicable, oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.

c.

To the maximum extent practicable, the applicant shall use structures of minimal size to satisfy present and future functional requirements.

d.

To the maximum extent practicable, when clearing trees and vegetation for construction of oil and gas facilities, the applicant shall feather and thin edges of vegetation. Applicant shall replant cleared trees and vegetation to screen facilities to the maximum extent practicable.

e.

To the maximum extent practicable, the applicant shall locate facilities at the base of slopes to provide a background of topography and/or natural cover.

f.

The applicant shall replace earth adjacent to water crossings at slopes less than the normal angle of repose with the soil type of the site.

g.

To the maximum extent practicable, the applicant shall align access roads to follow existing grades and minimize cuts and fills.

h.

Facilities shall be painted as follows:

1.

Uniform, non-contrasting, non-reflective color tones.

2.

Color matched to land, not sky, slightly darker than adjacent landscape.

3.

Exposed concrete colored to match soil color.

(2)

Special visual mitigation measures. Where a well or well site does not comply with the required setback or other requirements of this section, or in areas of increased visual sensitivity, such as a location near an occupied subdivision, the applicant shall submit a visual mitigation plan including one or more of the following standards, as appropriate:

a.

To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare.

b.

One or more of the following landscaping practices may be required, where practicable, on a site- specific basis.

1.

Establishment and proper maintenance of ground covers, shrubs and trees.

2.

Shaping cuts and fills to appear as natural forms.

3.

Cutting rock areas to create irregular forms.

4.

Designing the facility to utilize natural screens.

5.

Construction of fences for use with or instead of landscaping.

(3)

Other special mitigation measures. The applicant shall keep the Town and private streets or roads reasonably free of mud or other materials during drilling and completion operations and during well operations. The applicant shall use its best efforts to keep the well site free of trash, litter and other refuse during and at the completion of drilling and shall not in any case bury said trash. The operator shall construct and manage pits in accordance with applicable state and federal regulations.

a.

Abandonment and plugging of wells. The approval of a conditional use permit under this section shall not relieve the operator from complying with all OGCC rules with respect to abandonment and plugging of wells. The applicant shall abandon and begin reclamation activities including weed control and oversight of the establishment of revegetation of flow lines and in accordance with applicable state rules and regulations.

(j)

Seismic operations.

(1)

The approval of a conditional use permit under this section shall not relieve the operator from complying with all OGCC rules and regulations with respect to seismic operations. All notices which an operator is required to file with the commission with respect to seismic operations shall be filed concurrently with the town. The town shall comply with the same confidentiality requirements which bind the OGCC.

(2)

Any conditional use permit issued for seismic operations shall only be valid for six months, unless otherwise approved.

(k)

Signage. The approval of a conditional use permit under this section shall not relieve the operator from complying with all OGCC rules and regulations with respect to signs. In addition, the operator shall maintain in good, readable condition all signs required by this Development Code.

(l)

Reclamation and performance.

(1)

The operator is required to comply with all OGCC rules and regulations with respect to site reclamation as a condition of the conditional use permit.

(2)

Unless all disturbance created by the operation is covered by a reclamation bond under the jurisdiction of the state or federally government, a bond or other acceptable financial performance guarantee shall be submitted in favor of the town in an amount of at least 150 percent of the cost of restoration of the site and access roads. The required amount of such financial performance guarantees may be increased at the discretion of the manager to account for inflation. A bid for site restoration acceptable to the permittee and town shall be submitted to the manager as evidence of the cost of reclamation for bond setting purposes.

(3)

The Council may require a financial performance guarantee in addition to that required by the state to ensure that certain conditions of a permit will be complied with. The required amount of such financial performance guarantees may be increased at the discretion of the manager to account for inflation. The town will not require financial guarantees that are duplicative of that required by the state. Copies of all financial guarantees related to the project shall be submitted to the manager prior to the issuance of a conditional use permit including but not limited to those required by the county, state and federal government.

(m)

Geologic hazard, floodplain, floodway location restrictions. All equipment at well sites and production sites in geological hazard and floodplain/floodway areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence.

(n)

Access roads. All private roads used to maintain access to the tank batteries or the well site shall be improved and maintained according to the following standards:

(1)

Tank battery access roads. Access roads to tank batteries shall be subject to review by the town engineer and/or public works director in accordance with the following minimum standards:

a.

A graded gravel roadway having a prepared sub grade and an aggregate base course surface a minimum of six inches thick compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, aggregate base course as specified for aggregate base course materials in the state department of transportation's "Standard Specifications for Road and Bridge Construction," latest edition.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (such as roadside swales, gulches, rivers, creeks and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the town engineer and/or public works director.

c.

Maintained so as to provide a passable roadway free of ruts at all times.

(2)

Wellhead access roads. Access roads to wellheads shall be subject to review by the town's engineer and/or public works director in accordance with the following minimum standards:

a.

A graded, dirt roadway compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures and approved by the town engineer and/or public works director.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval by the town engineer and/or public works director.

c.

Maintained so as to provide a passable roadway generally free of ruts.

(3)

Public access roads. An extra-legal vehicle or load permit shall be required for all extra-legal vehicles or loads as defined in sections 42-4-401 through 42-4-411, C.R.S., which use town streets. Said permit, if required, shall be obtained from the town clerk prior to such use. The applicant shall comply with all town and state regulations regarding weight limitations on streets within the town, and the applicant shall minimize extra-legal truck traffic on streets within the town.

(o)

Wildlife impact mitigation. When a well site or production site is located within a designated moderate (blue) or high impact zone (red) on the most current version of the cumulative impact maps prepared by the Colorado Division of Wildlife, the applicant shall consult with the state division of parks and wildlife to obtain recommendations for appropriate site specific and cumulative impact mitigation procedures. The operator shall implement such mitigation procedures as are recommended by state division of parks and wildlife after consultation with the town. The applicant shall not engage in activities which, in the opinion of the state division of parks and wildlife, threaten endangered species.

(p)

Emergency response costs. As a condition of issuing a conditional use permit, the operator shall agree to reimburse the town or the West Routt fire district for any emergency response costs incurred by the town or the West Routt fire district in connection with activity at the well site or production site.

(Ord. No. 711, § 1, 2-17-2022)

Outdoor storage in commercial (C) zone district may be permitted when such storage meets the following standards:

(1)

Outdoor storage may be permitted if adequately screened or fenced from adjoining roads or properties. Such may mean that display areas may be limited, requiring visual mitigation such as interior or fully screened storage of other on-site equipment and materials.

(2)

Access and parking areas shall be surfaced with asphalt, concrete or similar materials; however, where appropriate, the installation of porous pavement or other techniques to reduce runoff is encouraged.

(3)

Service areas, as well as circulation of delivery and shipping vehicles, shall be designed so as not to conflict with adjacent commercial uses.

(4)

The compatibility of overnight parking of vehicles on the site shall be evaluated on a case-by-case basis.

(Ord. No. 711, § 1, 2-17-2022)

(a)

RV park development standards.

(1)

Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

(2)

Soil and groundcover. Exposed ground surfaces in all parts of the recreational vehicle park shall be paved, or covered with stone screening or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(3)

Drainage requirements. A storm drainage plan shall be developed for the recreational vehicle park.

(4)

State regulations and standards. All recreational vehicle parks shall meet the minimum standards of the Code of Colorado Regulations, 6 CCR 1010-9, Campgrounds and Recreation Areas, (see Appendices). In the event of a conflict between a standard or requirement contained in this section and said Code of Colorado Regulations, the more restrictive standard shall prevail.

(b)

RV park size and density.

(1)

Park size. The minimum area for a recreational vehicle park is five acres.

(2)

Park density. The maximum density shall not exceed 12 recreational vehicles per acre.

(3)

Minimum site size. Each recreational vehicle site shall contain a minimum of 1,500 square feet and shall have a minimum width of 25 feet.

(4)

Site pads. Each site shall contain a vehicle parking pad of concrete or asphalt paving. Minimum length of the parking pad shall be 35 feet. No part of a recreational vehicle or other unit placed on the lot pad shall be closer than five feet to the edge of the lot.

(5)

Required separation between RV vehicles. Recreation vehicles shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings or carports for purposes of this separation requirement shall be considered to be part of the recreational vehicle.

(6)

Site identification. Each site for the parking of the recreational vehicle shall be identified by numbers, a minimum of three inches in height, posted in a conspicuous place at the front of the site.

(c)

Roadways and parking.

(1)

Interior roads. All interior two-way roads shall be 28 feet minimum width and all interior one-way roads shall be 20 feet minimum width. All roads shall be paved with asphalt and crowned to facilitate drainage. Roadways shall be designed for the safe and convenient movement of vehicles.

(2)

Parking requirements. At least one and one-half off-road parking spaces shall be provided in the park per recreation vehicle site. At least one off-road parking space shall be provided at each site. No on-street parking will be permitted.

(d)

Entrances and exits.

(1)

Locations and access. No entrance or exit from a recreational vehicle park shall be permitted through a residential district nor require movement of traffic from the park through a residential district.

(2)

Design of access to park.

a.

Entrances and exits to recreational vehicle parks shall be designed for the safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets.

b.

Each recreational vehicle park shall have a separate entrance and exit roadway, each of which shall not be less than 28 feet wide from flow line to flow line, shall be hard surfaced with asphalt or concrete and shall connect to a dedicated public right-of-way not less than 40 feet in width.

(3)

Access onto state highways. Access onto state-controlled highways or roads will require a permit from the state department of transportation. The design of the access will be according to department of transportation requirements.

(4)

Distance from intersection. Entrance driveways shall be located not closer than 150 feet from the intersection of public streets.

(e)

Accessory uses.

(1)

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to operation of a recreational vehicle park and campground are permitted as accessory uses to the park.

(2)

In addition, stores, restaurants and other convenience establishments shall be permitted as accessory uses in recreational vehicle parks in districts where such uses are not allowed as principal uses, however such establishments and the parking areas primarily related to their operations shall not occupy more than five percent of the gross area of the park.

(f)

Open space and recreational areas.

(1)

A general area or areas amounting to not less than ten percent of the gross area of the recreational vehicle park, excluding any area dedicated as public right-of-way, shall be provided for recreation and open space use.

(2)

Such areas shall not include any area designated as a recreational vehicle space, storage area, required yard, service building or sanitary facility or waste station area.

(3)

Recreational facilities shall be included in the ten percent requirement for open space.

(g)

Buffering, setbacks, screening and landscaping.

(1)

Yards and setbacks. Each recreational vehicle park shall set aside along the perimeter of the park the following areas which shall be landscaped and used for no other purpose:

a.

Minimum front setback. Twenty-five feet except when the recreational vehicle park fronts on a state highway; then the minimum shall be 50 feet.

b.

Minimum side setback. When abutting residential districts, the side setback shall be 50 feet; when abutting a dedicated public right-of-way, the side setback shall be 25 feet on the side street; when abutting any other zone district, the side setback shall be 15 feet along the interior lot line.

c.

Minimum rear setback. If the rear yard abuts a dedicated public right-of-way, the minimum shall be 25 feet. If the rear yard abuts any other zoning district, the setback shall be 15 feet.

(2)

Landscaping. A landscaping plan illustrating the placement and type of trees and shrubs must be submitted as part of the park development plan. The design of the landscaping must mitigate the visual impact of the recreational vehicle park on the surrounding area.

(3)

Boundary fencing. Except for the front boundary, each recreational vehicle park shall be enclosed by attractive fencing.

(h)

Utilities.

(1)

All utilities underground. All public utilities within the recreational vehicle park shall be underground.

(2)

Water supply. The water supply for the recreational vehicle park shall be provided by a delivery system that is owned and operated by a local government authority. The water system shall be connected by pipes to all service buildings and all recreational vehicle spaces. The water distribution system within the park shall meet all local, state and federal rules and requirements.

(3)

Sewage disposal. Facilities shall be provided and properly maintained for the collection and disposal or treatment and disposal of sewage. The sewage collection system within the park shall meet all local, state and federal rules and requirements.

(4)

Electricity and natural gas.

a.

An electric outlet approved by an electric utility shall be provided for each recreational vehicle space. The installation shall comply with all state and local electrical codes. Such electrical outlets shall be weatherproof.

b.

Street and yard lights shall be provided in such number and intensity as to ensure safe movement of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings, which shall be kept lighted during hours of darkness.

c.

Where natural gas is provided, the installation will comply with all applicable state and town regulations.

(5)

Utility plans. Plans for water, sewer, electricity and natural gas along with letters of approval from the appropriate utility provider shall be submitted to the town for approval.

(i)

Refuse disposal.

(1)

The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.

(2)

Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than 300 feet from any campsite. Refuse containers shall be provided at the rate of eight cubic feet (60 gallons) for each five campsites. Individual trash cans at each recreational vehicle site may be provided. All containers for refuse shall be covered with close-fitting, insect impervious covers.

(3)

Refuse shall be collected and removed from the premises as often as necessary, but not less than once weekly, and disposed of at a lawful disposal site.

(4)

No burning of refuse will be permitted at the recreational vehicle park.

(j)

Insect and rodent control. Insects and domestic rodents shall be controlled by elimination of breeding and harborage sources, proper sanitary practices, extermination, vermin proofing of buildings and other approved control methods.

(k)

Fire prevention and protection.

(1)

All recreational vehicle parks shall comply with the current West Routt fire district codes.

(2)

Hand fire extinguishers of a type approved by the West Routt fire district shall be maintained in effective working order and located in convenient places in the ratio of one to eight recreational vehicle spaces. The location of fire extinguishers must be approved by the chief of the West Routt fire district.

(3)

No outdoor fires will be allowed except in grills, ovens, stoves or park-provided fire boxes. Park-provided boxes must be approved by the West Routt fire district. No open fires are allowed.

(4)

Fire hydrants shall be located so that every site within the park can be reached with 300 feet of hose or as approved by the West Routt fire district.

(l)

Sanitary facilities.

(1)

Sanitary facilities shall be provided and installed in accordance with the latest edition of the Uniform Plumbing Code adopted by the town and meet the minimum standards of the Code of Colorado Regulations, 6 CCR 1010-9, Campgrounds and Recreation Areas.

(2)

No portable toilets will be allowed in recreational vehicle parks.

(m)

Other.

(1)

Liquid propane (LP) tanks on recreational vehicle sites shall be limited to 100-pound size.

(2)

Storage buildings, lean-tos, bins or other outside storage facilities shall not be allowed at recreational vehicle sites.

(3)

No recreational vehicle shall be used as a permanent place of abode, dwelling or business or for indefinite periods of time. Continuous occupancy extending beyond six months in any 12-month period shall be presumed to be permanent occupancy. No more than one dwelling for occupancy by the park manager shall be permitted.

(4)

Any action toward removal of wheels of a recreational vehicle except for temporary purposes of repair or to attach the trailer to the grounds for stabilizing purposes is hereby prohibited.

(5)

All recreational vehicles in the park must have a current valid registration,

(n)

Responsibilities of management.

(1)

Enforcement of regulations. The owner or operator of any recreational vehicle park shall arrange for the management and supervision of such recreational vehicle park so as to enforce or cause compliance with the provisions of this section.

(2)

Maintenance. The owner, operator or attendant of every recreational vehicle park shall assume full responsibility for maintaining in good repair and condition all facilities of the recreational vehicle park as required herein.

(3)

Office. In every recreational vehicle park, there shall be a designated office building in which shall be located the office of the person in charge of said park. A copy of all required licenses and permits shall at all times be kept in said office.

(4)

Management duties. It shall be the duty of the attendant or person in charge, together with the owner or operator, to:

a.

Keep at all times a register of all tenants (which shall be open at all times to inspections by state, county and federal officers and officers of the town) showing for all tenants:

1.

Dates of entrance and departures.

2.

License numbers of all recreational vehicles and towing vehicles or automobiles.

3.

States issuing such license.

b.

Maintain the park in a clean, orderly and sanitary condition at all times.

c.

See that provisions of this section are complied with and enforced and report promptly to the proper authorities any violations of law which may come to his or her attention.

d.

Report to local health authorities all cases known to the owner to be infected with any communicable diseases.

e.

Pay promptly to the town all license fees and taxes required by town ordinances or other laws.

f.

Prohibit the use of any recreational vehicle by a greater number of occupants than that which it is designed to accommodate.

(Ord. No. 711, § 1, 2-17-2022)

The Routt County Fairgrounds is a public use located on a large parcel in the open (O) zone district for which a specific set of uses and associated standards have been developed as follows.

Table of Uses for Routt County Fairgrounds.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Rock crushers, concrete and asphalt mixing plants, sand and gravel pits or any other such excavation or surface mining may be allowed, provided they meet the following requirements:

(1)

The applicant shall provide a plan at the time of application showing the land proposed for excavation. This plan shall show the contours of the land on at least two-foot contour intervals, any improvements thereon and to a distance of 300 feet in all directions from the subject property. The Council may set out additional conditions under which these operations may be permitted and those conditions may vary by location.

(2)

Concurrent with the above, the applicant shall also provide a plan showing the contemplated changed condition of the land due to the excavation. This plan must include the contemplated re-use of the land, what restoration or curing of the land is planned, and the contours on at least two-foot intervals.

(3)

No excavation or processing of excavated materials shall be permitted nearer than 30 feet to the boundary of adjacent property nor nearer than 125 feet to any existing residence unless, by written agreement, the owner or owners of such adjacent property consent to a lesser distance and the Council approves such lesser distance. The Council may set a greater distance than stated above when, in their opinion, it is justified.

(4)

The Council shall specify the degree of slopes of banks for all excavations, the depth of and the distance from any public structures when excavations are made in or near streambeds. When excavations are near or adjacent to irrigation canals and ditches, the applicant shall secure a written agreement from the ditch company or from officials responsible for the canals and ditches indicating their determination as to setbacks from these rights-of-way when excavation is contemplated near such rights-of-way.

(5)

Sand and gravel shall be excavated in such a manner so as to assure the convenient restoration of the land and to hold to a minimum any adverse effects to adjacent land as a result of piling or storing the overburden material.

(6)

The sand and gravel shall be excavated in such a manner so as to leave an average of two feet of undisturbed sand or gravel as evenly as possible, over the entire excavation tract, to provide a water- bearing strata for any existing groundwater, and more if the Council deems necessary. Operations shall be conducted in such a manner that excavated areas will not collect or permit stagnant water to remain therein.

(7)

After an excavation has been completed, the operator shall spread evenly over the bottom of the excavation the excess waste materials. He then shall spread evenly the topsoil to a minimum depth of 18 inches. The topsoil shall be spread last so as to produce a new surface for the purpose of growing crops, trees, shrubs, etc.

(8)

An excavation operation shall maintain haulage roads within the premises covered by the permit and such roads shall be kept in a reasonable dust free condition when such dust would be injurious to bordering premises. The Council shall specify the conditions in each instance to ensure this requirement is met.

(9)

The hours of operation, unless otherwise specified by the Council shall be from 6:00 a.m. to 10:00 p.m. or unless special permission is granted by the Council.

(10)

Rock crushers, concrete and asphalt mixing plants may be permitted providing the Council finds that the use is accessory to the sand and gravel operation. All plants and processing equipment shall have current state department of public health and environment (CDPHE) air pollution permits and shall meet current CDPHE and local emissions standards for air and water. The Council may set more stringent requirements in certain locations.

(11)

Unless all disturbance created by the operation is covered by a reclamation bond under the jurisdiction of the state, a bond or other acceptable financial performance guarantee shall be submitted in favor of the town in an amount of at least 150 percent of the cost of restoration of the site and access roads. The required amount of such financial performance guarantees may be increased at the discretion of the manager to account for inflation. A bid for site restoration acceptable to the permittee and town shall be submitted to the manager as evidence of the cost of reclamation for bond setting purposes.

(12)

Conditional use permits for sand and gravel operations shall be in full force for a period of five years from the date of issuance, thereof, unless otherwise approved by Council. Such permits may be renewable by the Council for the same period of time or otherwise, without further notice, hearing or posting of the property involved; provided, however, that the operator has complied with all the terms and conditions of the original permit. A renewal of a permit shall be considered as a new permit with respect to fees.

(13)

The Council shall have the power to cancel permits upon proof of violation of any of the regulations after due notice to the operator.

(Ord. No. 711, § 1, 2-17-2022)

(a)

The short-term rental shall be clearly incidental and customary to the operation of the primary residential household living use.

(b)

The short-term rental must be located in the applicant's primary residence. A primary residence means the place in which a person's habitation is fixed for the term of the license and is the person's usual place of return. A person can have only one primary residence.

(c)

Use of a mobile home, recreational vehicle or travel trailer as a short-term rental is prohibited.

(d)

Signage is limited to one non-animated, non-illuminated flat wall or window sign having an area of less than 100 square inches.

(e)

Approval of a license under the provisions of chapter 8.36, licensing of short-term rentals, Hayden Municipal Code must be authorized.

(f)

The short-term rental will be offered, provided, or operated as lodging accommodations to guest in exchange for remuneration for a period of less than 30 consecutive days.

(g)

The short-term rental may be integrated within the owner's dwelling unit or located in a detached accessory building located on the same lot as the owner's dwelling unit.

(Ord. No. 713, § 2, 4-7-2022)

Temporary uses are uses established for a limited duration with the intent to discontinue the temporary use upon the expiration a particular time period. Concrete or asphalt batch plants and gravel or mineral mining are prohibited from applying to the town as temporary uses. Any temporary use shall not involve the construction or alteration of any permanent structure and may be located in any zone district.

(1)

Temporary use categories. There are three categories of temporary uses: special event, site location and camping.

a.

Special event. Special event uses can be for a time period of no more than 30 days and include, but are not limited to, bike or running races, conventions, seasonal sales, sports tournaments, circuses, yard sales, fairs. Any permit issued for a special event may be renewed a maximum of one time for no more than 30 days, and must be requested no less than seven days prior to the permit's expiration.

b.

Site location. Site location uses include the placement of construction or sales trailers at commercial, residential or industrial construction sites. Any permit issued for a site location use expire upon the issuance of a certificate of occupancy for the associated permanent structure or substantial completion of site development work for an approved subdivision.

c.

Camping, temporary. Temporary camping uses are allowed within the residential districts of Hayden. Camping may include RV, travel trailer, "pop-up" camper or tents and must be located on a site associated with a permitted permanent residential structure. Only one camping permit per residential lot or site is allowed at any one time, and permits are allowed for a maximum of 14 consecutive days, renewable three times per calendar year, for a maximum of 42 days in any calendar year.

(2)

Expiration of permit. Upon the expiration of any temporary use permit, the location of the use must be returned to its condition prior to the issuance of the permit by the town.

(3)

Appeal. The decision of the town staff may be appealed pursuant to section 10.16.110 appeal and variance.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Intent. The intent of this section is to set forth standards for the construction and installation of wireless telecommunication facilities and infrastructure.

(b)

Height and setback requirements. The following applies for wireless telecommunications service facilities as applicable:

(1)

Roof- or building-mounted commercial mobile radio service facilities may protrude no more than five feet above the parapet line of the building or structure, nor more than two and one-half 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 antenna(s) of no more than three inches in diameter, in groupings of five or less, may extend up to 12 feet above the parapet wall; and

(3)

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

(c)

Accessory buildings requirements.

(1)

Accessory buildings located on the ground shall be no larger than 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 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 by the town.

(d)

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.

(e)

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 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 50 feet from the ground, with an additional 20 feet per co-locating user permitted, up to 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 U.B.C. provisions.

(Ord. No. 711, § 1, 2-17-2022)