These regulations, and all future amendments, shall be known as the Town of Hudson Land Development Code, and are also referred to in this document as the "land development code," "code," or "regulations."

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

This chapter is adopted pursuant to the authority granted to the town as a statutory municipality by Title 31, C.R.S., and other pertinent statutory provisions of the state, and is hereby declared to be in accordance with all provisions of these statutes, for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the town.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

General purposes. The general purposes of this land development code are:

(1)

Protect quality of life. To protect and promote the health, safety and general welfare of the present and future residents of Hudson. To preserve the 'small town' feel that is an important element of Hudson's culture.

(2)

Promote the economic well-being of the community. To encourage economic diversity in the town and to protect and enhance the town's economic strength and well-being, and provide the necessary services to support residents.

(3)

Expand housing opportunities. To enable all residents of the town to find safe, decent housing at purchase prices and rental rates they can afford.

(4)

Ensure adequate water supplies. To ensure that all new development has an assured and sustainable water supply to meet the needs of the future residents, businesses, and users of the development.

(5)

Protect the environment and environmental resources. To ensure the use of land does not degrade or threaten the quality of the environment and environmental resources.

(6)

Protect and enhance agriculture and rural character. To protect and enhance agricultural uses, traditional agricultural practices, and the rural characteristics of the town.

(7)

Provide for orderly development in the town. To manage development in a manner that provides for balanced and orderly growth patterns and to provide efficient, phased government services to accommodate existing and future residents.

(8)

[To] avoid the overlapping, conflicting or inconsistent ordinance provisions that frequently occur as a result of numerous individual ordinances.

(9)

Regulate land use based on impacts. To regulate the use of land based on impacts to the surrounding areas and the community and eliminate, minimize or mitigate conflicts between different land uses.

(10)

Simplify land use review and approval process. To simplify, expedite and provide uniform application of the land use planning and regulatory review process.

(11)

Encourage innovative development. To encourage innovations in residential, commercial and industrial development to meet the growing demands of the population through a greater variety in type, design and layout of development.

(12)

Protect the town's financial health. To ensure that new development requiring town services is developed in areas, and at a pace, and with adequate mitigation to protect the town from financial burdens in providing needed services.

(13)

Comply with applicable laws. To comply with all applicable state and federal laws related to the topics addressed in this land development code.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Except as stated in subsection (1), this land development code shall apply to all properties within the legal boundaries of the town.

(1)

If the town has a valid growth management or other agreement with Weld County of other adjacent municipality under which the town has agreed to apply standards, criteria, requirements, or procedures different from this code within a defined area, then this code shall not apply to the extent they would be inconsistent with the terms of that agreement.

(2)

Copies of all maps and documents referred to in this code, including but not limited to the official zoning map, shall be available to the public, either by keeping a copy of such document in the Hudson offices, or by having it available to view on the [town]'s website.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Effective date of code. This code is hereby effective pursuant to Town of Hudson Ordinance No. 25-15.

(b)

Effective date of future amendments. Each amendment of this code shall become effective as stated on applicable ordinance, unless the town council specifies a different effective date.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

All use of land and construction of buildings and structures in the area defined in section 16-4 shall comply with the requirements of this code, unless explicitly exempted by the terms of this code. No building permit shall be issued unless the plans for the proposed erection, construction, reconstruction, alteration, and use of land and buildings fully conform to all applicable provisions of this code.

(a)

Subject to section 16-12, Pre-existing development, of this code, no person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his or her control except in accordance with all the applicable provisions of this chapter.

(b)

For the purposes of this section, the use or occupancy of a building or land relates to anything and everything that is done to, on or in that building or land.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

If two (2) or more of the regulations in this code conflict with each other, or conflict with other applicable laws or regulations of the Town of Hudson, or conflict with applicable state or federal law, the stricter provision shall apply, except as noted in subsection (b) below.

(b)

If any regulation contained in an overlay district conflicts with any other regulation in a different section of this code, the provisions of the overlay district shall apply regardless of whether they are more or less strict than the other code standard, except that in the case of section 16-86, Floodplain regulations, the stricter standards shall apply.

(c)

All references to a standard, regulation, manual, or agreement in this code refer to the latest edition or version of that standard, regulation, or manual adopted by the town.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the town's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a legal, nonconforming situation under the previously adopted zoning ordinance does not achieve legal nonconforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

It is the intent of the town council that this chapter implement the planning policies adopted by the town council for the town and its comprehensive plan area, as reflected in the town comprehensive plan, and other plans that may be adopted from time to time. While the town council reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted comprehensive plans, the town council hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

This code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction but does not affect the applicability of any private agreement or restriction. The Town of Hudson shall have no obligation to enforce any private covenant or agreement unless it is a party to the covenant or agreement; if Hudson is a party to the covenant or agreement, enforcement shall be at the discretion of the town.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Previous permits and approvals. The enactment or amendment of this code shall not affect the validity of, or any conditions attached to, any permits or approvals that the town has approved under previous land use regulations.

(b)

Previously permitted uses. If the town did not previously regulate or require town approval for a land use that is in operation on the effective date, the enactment or amendment of this code shall not require the property owner to obtain a permit or approval for that use. If the town previously classified a land use operating on the effective date as a permitted use and this code lists that use as a conditional use requiring town approval, the enactment or amendment of this code shall not require the owner to obtain a conditional use permit to continue operating that use as is being operated on the effective date.

(c)

Pending complete applications. The enactment or amendment of this code shall not affect the processing of any applications that the town has determined to be complete under previous land use regulations prior to the effective date. Those applications will be reviewed, and decisions made under the terms of the previous land use regulations.

(d)

Penalties accruing or about to accrue. The enactment or amendment of this code shall not be construed as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue due to a violation of the previous land use regulations that occurred before the effective date.

(e)

Waiver of rights by town. The enactment or amendment of this code shall not be construed as waiving any right of the town under any provision or agreement existing prior to the adoption of this Land Development Code.

(f)

Vacation or annulment of rights obtained by individual. The enactment or amendment of this code shall not be construed as vacating or annulling any rights obtained by any person by lawful action of the town.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Applicability. This section 16-12 shall apply to all permitted land uses, structures, lots, signs, and site features that were legally created or initiated, but do not conform to the applicable regulations of this code as a result of either governmental action or an action that was not initiated by the property owner, including but not limited to the adoption or amendment of this Code, acquisition of property by a governmental entity, or a court decision authorizing or prohibiting a land use, structure, or division of land in a manner not authorized by this code, except as set forth herein regarding residential lots.

(b)

Nonconforming uses.

(1)

Continued use.

(i)

Unless otherwise prohibited by other provisions of this code, a nonconforming use may be continued and normal or routine maintenance of the structure containing a nonconforming use shall be allowed. The right to continue the use shall pass to a future buyer, lessee, or occupant of the property, use, or business or entity that operates the use.

(2)

Enlargement or alteration of nonconforming use.

(i)

The gross floor area of a nonconforming land use that is located in a conforming or nonconforming building may be expanded by up to twenty percent (20%) beyond the portion of a building(s) or parcel(s) of land that it occupied on the date it became nonconforming, provided that the planning director determines that the alteration or expansion does not create a threat to public health or safety, and provided the expansion complies with all other portions of the code.

(ii)

A nonconforming land use shall not be altered and may not be expanded to occupy any portion of a building(s) or a parcel(s) of land that it did not occupy on the date it became nonconforming.

(iii)

The installation of a solar energy system or device on a building containing a nonconforming use shall not be considered an enlargement of the building and shall be permitted.

(3)

Termination or abandonment of nonconforming use.

(i)

A nonconforming use shall be deemed to be terminated or abandoned if:

a.

A non-seasonal nonconforming use does not operate for a period of one (1) year or more for reasons within the control of the property owner or occupant;

b.

A seasonal nonconforming use does not operate for the entirety of the season during which it normally operates, based on the history and nature of the use; or

c.

The property owner has expressed to the planning director or other town official a clear and unambiguous intent to terminate or abandon the use; or continue the nonconforming use shall terminate.

(ii)

If the planning director has determined that a nonconforming use has been terminated, the burden of proving that it has not been terminated or abandoned shall be on the property owner.

(4)

Substitution of nonconforming use.

(i)

A nonconforming use may not be replaced by another use that is not permitted in the zoning district where the property is located.

(ii)

A nonconforming use may be substituted in part or wholly by a conforming use.

(iii)

After termination of a nonconforming use, any future use of the building(s) or parcel(s) of land where they were located must conform to all applicable standards of this code for the zoning district in which they are located.

(5)

Nonconforming oil and gas facilities.

(i)

Nonconforming oil and gas facilities shall meet the standards set forth in section 16-87(e), Nonconforming oil and gas facilities. In the event of a conflict between the provisions of section 16-87(e) and the provisions of this section 16-12(b), the provisions of section 16-87(e) shall apply.

(c)

Nonconforming structure.

(1)

Continued use.

(i)

Unless otherwise prohibited by other provisions of this code, a nonconforming structure may continue to be occupied and used, and normal or routine maintenance of the structure shall be allowed, unless and until the town engineer determines that the structure is no longer safe for occupancy. The right to continue use and occupancy of the structure shall pass to a future buyer, lessee, or occupant of the structure.

(2)

Alteration of a nonconforming structure.

(i)

A nonconforming structure may be altered as necessary to install a solar energy device, or to comply with applicable provisions of the Americans with Disabilities Act, the Fair Housing Amendments Act, or similar Colorado legislation, or to install any other feature or improvement that the planning director or another governmental agency with jurisdiction over the property determines is necessary to protect public health and safety.

(3)

Expansion of a nonconforming structure.

(i)

A nonconforming structure may be expanded by up to twenty percent (20%) beyond its size that on the date it became nonconforming, provided that the planning director determines that the expansion does not create a threat to public health or safety, and provided the expansion complies with all other portions of this code.

(ii)

A nonconforming structure may not be expanded from its size on the date it became nonconforming.

(4)

Damage or destruction of a nonconforming structure.

(i)

A nonconforming structure or structure containing a nonconforming use shall be deemed destroyed when:

a.

More than fifty percent (50%) of its floor area is destroyed; or

b.

The cost to repair the damage is more than fifty percent (50%) of the actual value of the structure before the damage, as determined by the county assessor; or

c.

The planning director determines that the property was damaged by an intentional act of the property owner or occupant.

(ii)

A nonconforming structure or structure containing a nonconforming use that has been damaged, but not destroyed as defined in subsection (i) above, may be reconstructed, provided that:

a.

The repairs are begun within six (6) months after the date on which the structure was damaged and are completed within one (1) year of the date of the damage;

b.

These deadlines may be extended with planning commission approval if the damage was due to a natural disaster as designated by the governor's office and in association with the processing of insurance claims;

c.

The repairs comply with all applicable building and fire codes and building construction permitting procedures; and

d.

Any repairs or reconstruction of a nonconforming structure located in a flood zone comply with the provisions of section 16-86, Floodplain regulations.

(d)

Nonconforming lots.

(1)

Residential lots.

(i)

As to uses on residential lots that were a lawful and conforming use prior to August 1, 1989, which lots are deficient in either area or frontage under this chapter, such lots shall be deemed to be a conforming use, and shall not be subject to the limitations regarding nonconforming uses contained in this section. Such residential use may be continued subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgment of the town council, be reasonably required for the protection of adjacent or neighboring property.

(2)

Continued use.

(i)

Unless otherwise prohibited by other provisions of this Code, a legally created lot that is nonconforming as to size, width, configuration, or other factors may continue to be used for any purpose permitted in the zoning district in which it is located, and nonconforming uses or structures on the property may continue in use, subject to subsections (a)—(c) above, notwithstanding its nonconforming status.

(3)

Change of use.

(i)

The use of a nonconforming lot may be changed to any use permitted in the zoning district in which it is located, unless the planning director determines that the proposed use creates a threat to public or safety due to the nonconforming features of the lot.

(4)

Development or redevelopment.

(i)

A new structure may be developed on a nonconforming lot, or an existing structure on a nonconforming lot may be altered, expanded, or redeveloped, provided that the resulting structure and the use of that structure complies with all applicable provisions of this Code.

(5)

Lot merger.

(i)

A nonconforming lot may become conforming through merger with an abutting lot in common ownership provided the resulting merged lot conforms with all lot dimensional requirements of this code.

(e)

Nonconforming site features.

(1)

A property that is nonconforming for reasons other than the existence of a nonconforming use, structure, lot, or sign, including without limitation the existence on the site of parking, loading, stacking, lighting, landscaping, or buffering that do not meet the requirements of this code, may continue to be used as they were on the date they became nonconforming. Any change of use or development or redevelopment of structures on the property shall be required to comply with all applicable provisions of this code.

(f)

Nonconforming signs.

(1)

Continued use.

(i)

Unless otherwise prohibited by other provisions of this code, a nonconforming sign may continue in use, and normal or routine maintenance of the sign may be performed.

(2)

Change of message.

(i)

The message contained on a nonconforming sign may be changed, subject to the provisions of section 16-81, Sign regulations.

(3)

Alteration, relocation, or replacement.

(i)

The structure of a nonconforming sign may not be altered in any way that increases the nonconformity of the sign. A change to the message on a nonconforming sign is not considered an alteration of the sign.

(ii)

A nonconforming sign shall not be relocated or replaced in any way that continues the nonconformity or increases the nonconformity of the sign.

(iii)

A nonconforming sign structure may not be changed in any way that changes the way that its message is communicated (such as a change from static to electronic display or a change in lighting) unless a sign permit approving the change is approved pursuant to section 16-48(3), Sign permit.

(4)

Abandonment.

(i)

Nonconforming signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises.

(5)

Destruction, damage or obsolescence.

(i)

The right to maintain any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of fifty percent (50%) of its replacement cost or becomes obsolete or substandard to the extent that the sign becomes a hazard.

(6)

Failure to maintain.

(i)

The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in compliance with the maintenance requirements set forth in section 16-89, Operation and maintenance standards.

(g)

Burden rests upon owner.

(1)

The burden of showing that a use, building, lot, site feature, or sign is nonconforming shall be on the property owner or occupant of the property asserting nonconforming status.

(h)

Written confirmation of nonconforming status.

(1)

Upon the written request of a property owner, the planning director will confirm in writing the nonconforming status or uses, buildings, lots, site features, and signs subject to this code.

(i)

No vested right created.

(1)

The existence of a legal nonconformity under this section 16-12 does not by itself create a vested property right under Colorado law. A vested property right is created only as described in section 16-42, Vested property rights, or through a determination by a court of competent jurisdiction that the actions of Hudson have created a common law vested property right.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Reasonable fees as adopted by the town by resolution of the town council sufficient to cover the costs of administration, inspection, public notice signs, and similar matters may be charged to applicants for zoning permits, use by special review permits, subdivision plat approval, zoning amendments and variances and other administrative relief. Once review of any application has been commenced by the town, these fees are nonrefundable. In the event the town manager determines that, because of the nature of the application, technical review consultants will be necessary, a deposit in an amount as adopted by the town by resolution of the town council shall be required to be submitted with the application. In the event the deposited funds are expended on review, the planning director may require an additional deposit for further estimated costs of review.

(b)

The town will bill developers for any and all costs of professional or consulting services, plus administrative costs as specified in this chapter, which the town incurs as a result of a developer or his or her project. Professional or consulting services include, but are not limited to, legal, planning, engineering or hydrological services.

(c)

Fees established in accordance with subsection (a) above shall be paid upon submittal of a completed land use application or notice of appeal. All applications for which there is a fee shall be accompanied by the appropriate fee. Applications which are not accompanied by the appropriate fee shall be considered incomplete and shall not be processed nor shall any permit be issued unless the appropriate fee accompanies the application. The applicant shall pay the town the cost to the town for engineering, planning, surveying, inspection and legal services rendered in connection with the review of the proposed development application as adopted by the town by resolution of the town council.

(d)

The town will send the applicant a statement for the actual and administrative costs incurred by the town for the services rendered by the town. The applicant shall pay the town the amount due on the statement within fifteen (15) days of the date of the issuance of such statement unless the amount is covered by a deposit. In the event the applicant fails to pay the amount due on the statement within the time period specified above, the town may immediately stop the review process for the proposed development. The application may be deemed withdrawn if the statement is not paid in full within thirty (30) days of the date of the issuance of the statement.

(1)

If the statement is not paid in full within thirty (30) days after issuance of the statement, in addition to the application being withdrawn, the town shall impose interest on the amount due and outstanding at the rate per month from the date when due as adopted by the town by resolution of the town council.

(2)

In addition to the town's remedies to stop the review process upon nonpayment of such statement and to impose penalty interest, the town shall possess the right to file a lien on property within the application or to otherwise initiate an enforcement action against the applicant for nonpayment of such fees. Such enforcement action may be initiated either in the county court, the district court or in the municipal court. In the event such collection action is determined in favor of the town, the town shall be awarded its attorneys' fees and court costs in addition to the unpaid fees as part of any judgment.

(3)

The payment of fees of the costs of professional and consulting services under this section shall be due and payable as set forth within this section, regardless of whether the project is completed, approved and/or regardless of whether the owner/developer chooses to complete the town's land review process under the town's land development code.

(e)

The applicant shall pay any impact fees as established by town ordinances in effect at the time the development application is approved by the town council. The impact fees shall be paid at the time specified by such ordinance.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

The permitted uses, basic location and bulk regulations for the various zoning districts are hereby adopted and declared to be parts of this chapter, and may be amended in the same manner as any other part of this chapter.

(b)

Control over location and bulk. Subject to the provisions of this chapter dealing with nonconforming uses and buildings, the location and bulk of all buildings and other structures that are currently existing or hereafter constructed shall after the effective date of the ordinance codified herein be in conformity with:

(1)

All regulations set forth or referred to in the regulations for the district in which such buildings and other structures are located; and

(2)

Any other applicable regulations of this chapter.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

The town council, upon its own motion and following the recommendation of the planning commission, may consider revisions or amendments to this chapter after giving public notice of any proposed revision or amendment and after holding a public hearing concerning the proposal. Public hearings before the planning commission and the town council shall be noticed as set forth in section 16-48, Summary of procedures. The town council shall adopt any revisions or amendments by ordinance.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Provision declared invalid. If any provision of this land development code is declared invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that provision that is expressly declared invalid and shall not affect any other provision of this land development code.

(b)

Application to specific property declared invalid. If the application of this land development code to any lot, parcel, or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, then the effect of such decision shall be limited to the lot, parcel, or tract of land involved. Such decision shall not affect this land development code or the application of any provision of this code to any other lot, parcel, or tract of land.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

In the interpretation and application of the provisions of this chapter, the following regulations shall govern:

(a)

Provisions are minimum requirements. In their interpretation and application, the provisions of this chapter shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare of the residents of the town. These regulations shall be liberally construed to further their underlying purposes.

(b)

Existing permits and private agreements. This chapter shall not abrogate or annul:

(1)

Any permits issued before the effective date of the ordinance codified herein;

(2)

Any easement; or

(3)

Any previously approved subdivisions except as provided herein.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

All streets, water and sewer improvements, drainage systems and other public infrastructure shall be constructed in accordance with the provisions of the Town of Hudson Standards and Specifications for the Construction of Public Improvements as it may be adopted from time to time by resolution and adopted in chapter 11, Streets, Sidewalks and Public Property of the Hudson Municipal Code.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)