Hudson City Zoning Code

ARTICLE 4

Zoning Districts

Sec. 16-40.- Establishment of districts.

In order to regulate the location, height, bulk and size of buildings and other structures; the percentage of lot which may be occupied; the size of lots, courts and other open spaces; the density and distribution of population; and the location and uses of land, buildings and structures for trade, industry, residence, recreation, public activities or other purposes, the incorporated area of the town is hereby divided into the following districts:

R-1 Residential one district. (16-43)

R-2 Residential two district. (16-44)

R-T Residential trailer district. (16-45)

B Business district. (16-46)

C-1 Commercial one district. (16-47)

C-2 Commercial two district. (16-48)

A-2 Agriculture two district. (16-54)

A-3 Agriculture three district. (16-62)

H Historical district. (16-51)

P Parks district. (16-52)

O Open space district. (16-61)

PD Planned development district. (16-53)

I-1 Industrial one district. (16-57)

I-2 Industrial two district. (16-59)

I-3 Industrial three district. (16-60)

(Ord. 10-08 §2, 2010; Ord. 14-01 §2, 2014)

Sec. 16-41. - Adoption of official zoning map.

(a)

The location and boundaries of the districts set forth herein are as shown on the Hudson Zoning Map, as it is revised by the town council from time to time. This zoning map, together with everything shown thereon and all amendments thereof, shall be as much a part of this chapter as if fully set forth and described herein. Official zoning maps shall be filed in the office of the town clerk and may be examined during office hours at the town hall.

(b)

Zoning district boundaries are intended to be property ownership lines or lot lines; centerline of streets, alleys or extensions thereof, channelized waterways or similar right-of-way; the centerline of blocks; section or township lines; municipal corporate boundaries; the centerline of stream beds; or other lines drawn approximately to scale on this official Hudson Zoning Map. In the event that such boundaries are abutting a dedicated street, alley, highway or right-of-way and the zoning status of the street, highway, alley or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley or right-of-way or to the full extent of such right-of-way if such right-of-way is the municipal corporate boundary of the town, or if the right-of-way is within the town and adjacent to unincorporated land, such right-of-way shall be included in the town zoning district most proximate to such right-of-way. In the event that a zoning district boundary is unclear or is disputed, it shall be the responsibility of the town manager to determine the intent and actual location of the district boundary.

(Ord. 10-08 §2, 2010; Ord. 15-03, §1, 2015)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

Sec. 16-42. - Incorporation of plans and development guides.

For areas zoned as PD districts, the Development Guides and Development Plans incorporated into the ordinance establishing the zoning are hereby incorporated into and made a part of this chapter. Whenever such guides or plans do not address a particular topic, situation or issue, the provisions of this chapter shall apply.

(Ord. 10-08 §2, 2010)

Sec. 16-43. - Residential one district (R-1).

(a)

Uses by right.

(1)

Single-family dwellings.

(2)

Schools for elementary through high school education.

(3)

Public parks, playgrounds and playfields for daytime use.

(4)

Churches, public libraries, community centers.

(5)

Manufactured housing, in accordance with section 16-143 of this chapter.

(6)

Home occupations, provided that the requirements and conditions of this chapter are met.

(b)

Accessory uses.

(1)

Private garages.

(2)

Storage sheds not to exceed four hundred (400) square feet total floor area.

(3)

The keeping of backyard chicken hens in accordance with section 7-84 of this code.

(bb)

Uses by Special Review (USR). The following buildings, structures and uses may be constructed, occupied or maintained in this district upon approval of a permit in accordance with the requirements and procedures set forth in section 16-63 of this chapter.

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the town council:

(1)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(2)

Telephone exchanges, cable TV equipment sites, electric or electronic substations, including transmission and distribution lines or gas regulator stations where no repair or storage facilities are maintained.

(3)

Reserved.

(4)

State-licensed group homes for the exclusive use of developmentally disabled persons.

(5)

Owner-occupied or nonprofit group homes for the exclusive use of not more than eight (8) persons sixty (60) years of age or older per home.

(6)

Outdoor recreational areas and golf courses.

(7)

Temporary housing incidental to construction of a single-family dwelling, reviewed pursuant to section 16-65 of this chapter.

(d)

Lot minimum requirements.

(1)

Minimum lot area - five thousand eight hundred (5,800) square feet.

(2)

Minimum lot width - fifty (50) feet, except on lots fronting the curved portion of cul-de-sacs - thirty (30) feet.

(3)

Minimum lot frontage - fifty (50) feet (minimum front lot line), except on lots fronting the curved portion of cul-de-sacs - thirty (30) feet.

(4)

Minimum front setback - twenty (20) feet (minimum distance of the primary building from the front lot line).

(5)

Minimum side setback - five (5) feet (minimum distance of the primary building from the side lot line) except the minimum width of the side yard adjacent to a street, road or highway shall be fifteen (15) feet.

(6)

Minimum rear setback - ten (10) feet (minimum distance of the primary building from the rear lot line).

(7)

Accessory building setbacks shall be governed by section 16-64.

(8)

Lot coverage by building - not more than sixty percent (60%) of the area of a lot shall be covered by the main building and all accessory buildings.

(e)

Maximum building height. No building shall exceed thirty (30) feet in height. (See definitions.)

(f)

Minimum floor space. All structures used for dwelling purposes shall contain at least seven hundred (700) square feet of finished floor area.

(Ord. 10-08 §2, 2010; Ord. 13-10 §3, 2013)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 20-02, § 1, 6-3-20; Ord. No. 20-05, § 1, 12-2-20)

Sec. 16-44. - Residential two district (R-2).

(a)

Uses by right.

(1)

Any use by right in the R-1 district.

(2)

Multiple-family dwellings.

(3)

Reserved.

(4)

Two-family dwellings.

(b)

Accessory use.

(1)

Any accessory use permitted in the R-1 district.

(2)

Management or rental office for use in multiple-family dwellings.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval. Any use requiring planning commission approval in the R-1 district.

(d)

Lot minimum requirements.

(1)

Minimum lot area - five thousand eight hundred (5,800) square feet, and the minimum lot area for a two-family house shall be nine thousand (9,000) square feet. The minimum lot area for any other building shall be nine thousand (9,000) square feet; provided, however, that the minimum lot area for a multiple-family dwelling shall be not less than an additional two thousand (2,000) square feet for each additional unit over two (2).

(2)

Minimum lot width - the minimum width of lot shall be fifty (50) feet or a minimum width of twenty-five (25) feet for each dwelling unit on the lot, whichever is greater.

(3)

Minimum lot frontage - fifty (50) feet (minimum front lot line).

(4)

Minimum front setback - twenty (20) feet (minimum distance of the primary building from front lot line).

(5)

(6)

Minimum rear setback - ten (10) feet (minimum distance of the primary building from rear lot line).

(7)

Accessory building setbacks shall be governed by section 16-64.

(8)

Maximum lot coverage by buildings - not more than sixty percent (60%) of the area of a lot shall be covered by the main building and all accessory buildings.

(e)

Maximum building height - Building height must be specifically applied for and approved by the planning commission if the proposed building is to exceed thirty (30) feet in height.

(f)

Minimum floor space.

(1)

All one- and two-family dwelling units shall contain a minimum of seven hundred (700) square feet of finished floor area per dwelling unit.

(2)

All attached multi-family dwelling units shall each contain a minimum of seven hundred (700) square feet of finished floor area per unit, not including lounge, common rooms or storage areas within the structure.

(Ord. 10-08 §2, 2010; Ord. No. 17-02, § 1, 4-19-17)

(Ord. No. 20-02, § 1, 6-3-20; Ord. No. 20-05, § 2, 12-2-20)

Sec. 16-45. - Residential trailer district (R-T).

(a)

Uses by right. Permanent mobile home park.

(b)

Accessory uses.

(1)

Private garages.

(2)

Office for rental of mobile home spaces within the area.

(3)

Recreation building for use of occupants within the area.

(4)

Utility building for use of occupants within the area.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval.

(1)

Schools for elementary through high school education.

(2)

Churches.

(3)

Public libraries.

(4)

Public parks, playgrounds and playfields for daytime use.

(5)

Recreational areas and golf courses.

(6)

Recreational vehicles within mobile home parks, temporary occupancy only as provided in subsection (h) of this section.

(d)

Lot requirements.

(1)

Minimum lot area - two thousand nine hundred (2,900) square feet per mobile home.

(2)

Minimum lot width - thirty-two (32) feet per mobile home.

(3)

Minimum front setback - twenty (20) feet.

(4)

Minimum side setback - twenty (20) feet between mobile homes.

(5)

Minimum rear setback - twenty (20) feet between mobile homes.

(e)

Maximum building height. No building or structure, including signs, shall exceed a height of thirty (30) feet. (See definitions.)

(f)

Mobile home park plan.

(1)

Every mobile home park shall be located on a well-drained area, and the premises shall be properly graded so as to prevent the accumulation of storm or other waters except in approved drainage facilities. No mobile home or mobile home park shall be located in any area that is situated so the surface drainage from any barnyard, outdoor toilet or other source of contamination can be deposited in its location.

(2)

Mobile home spaces shall be clearly defined and shall consist of a minimum of two thousand nine hundred (2,900) square feet and width of not less than thirty-two (32) feet.

(3)

The park shall be arranged so that all spaces shall face or abut on a street of not less than thirty (30) feet in width. Such streets shall have a twenty-foot graveled or paved driving surface which is maintained in good condition.

(4)

Requests for new R-T districts shall be accompanied by a comprehensive sketch plan and shall follow normal rezoning procedures, said sketch plan to consist of the following:

Plot plan of total area to be used as a mobile home park.

Description of land to be developed.

Location of each existing and proposed structure.

Location, area and dimensions of each trailer space and defined use of each space.

Location and dimensions of all roads and/or driveways.

(5)

Prior to construction of any new mobile home park, a final plan shall be submitted for approval in accordance with procedures in section 16-34 of this chapter. Said plan shall be drawn to scale and shall consist of the information required for the comprehensive sketch plan plus the following:

Location and specifications of all existing and proposed utilities.

Detailed drainage plan.

All plans shall be drawn to a minimum scale of one (1) inch equals one hundred (100) feet.

(g)

Existing parks.

(1)

The land occupied by all mobile home parks which were in existence as of August 1, 1989, and were in conformity with prior ordinances, shall not be determined R-T districts by this chapter, but shall become a nonconforming use.

(2)

Mobile home parks in existence as of August 1, 1989, which have trailer spaces, buildings, signs or other installations which have a width, area, setback or height not in conformity with that herein prescribed, may continue to operate within existing trailer spaces, buildings, signs and other installations and shall be permitted to operate as such and in such condition of nonconformity until such time as alteration, repair, remodeling or renewal is accomplished on any nonconforming item, at which time that item will be brought into conformity with this regulation.

(h)

Uses requiring planning commission approval. Residency in recreational vehicles within permanent mobile home parks shall be permitted only upon approval of the planning commission:

(1)

Intent. This section is intended to provide a process to allow up to twenty-five percent (25%) of the spaces within a permanent mobile home park to be used on a temporary basis by recreational vehicles, with one (1) recreational vehicle permitted per space.

(2)

Criteria for approval. The planning commission may approve a permit for the use of a space within a permanent mobile home park for a period of not less than three (3) nor more than six (6) months, subject to reasonable conditions which include, but are not limited to, the following:

The recreational vehicle will not have any adverse impact on the health, safety or welfare of the town;

The permit will not result in more than twenty-five percent (25%) of the spaces in a mobile home park being occupied by recreational vehicles, with no more than one (1) such vehicle occupying a space; and

Any recreational vehicle using a mobile home park space shall be required to connect to the mobile home park's water and sewer system.

(3)

Limitations. The permit authorized pursuant to this section shall be for a duration of time specified by the planning commission, but in no event shall the duration of time of the permit be more than six (6) months, and each permit approved by the planning commission shall be apply only to one (1) specific recreational vehicle.

(4)

Application. The property owner seeking a permit pursuant to this section shall submit an application to be provided by the town to the town clerk for referral to the planning commission. The application shall include the following:

Name and contact information for the owner of the mobile home park.

A narrative description of the proposed recreational vehicle use, including the proposed number of recreational vehicles and dates of occupancy.

A map of the mobile home park, clearly identifying the spaces proposed for temporary occupancy by recreational vehicles.

A fee deposit as adopted by the town by resolution of the town council.

(5)

Planning commission action. The planning commission shall review the proposal as soon as practical at a public meeting with the applicant and determine whether the issuance of a permit is in the best interests of the health, safety and welfare of the town, based on the criteria set forth in this paragraph. The planning commission shall then make a written determination of whether to issue a permit and shall specify the duration thereof. In the event the planning commission denies the request for a permit, the applicant may appeal the determination to the town council. Such an appeal must be filed within five (5) working days of receipt of the written determination by the planning commission.

(6)

Expiration; revocation. A permit issued pursuant to this section may be revoked by the planning commission or the town council in the event it determines at a public meeting after notice to the property owner that the property owner is not in compliance with the criteria for approval of the permit, or is otherwise a detriment to the public health, safety and welfare of the town.

(7)

Penalty. It shall be unlawful for a recreational vehicle to be placed overnight on a space within a mobile home park other than as provided herein. A violation of this subsection (h) shall be subject to the penalties set forth in sections 1-51 and 1-53 of this code.

(Ord. 10-08 §2, 2010; Ord. 13-13 §38, 2013)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-46. - Business district (B).

(a)

Uses by right.

(1)

Business and professional offices, medical and dental clinics.

(2)

Post offices, banks, newspaper and printing businesses, assembly or convention halls, bowling alleys, dance halls, pool or billiard parlors, exposition halls, tennis courts, swimming pools, miniature golf courses and health studios.

(3)

Laboratories, except those which involve any hazardous process or materials, or emit noise, dust and/or odor.

(4)

Service establishments, such as barber shops, beauty shops, watch and jewelry repairing, pharmacies, pick-up stations for laundry or dry cleaning, package liquor stores, 3.2% fermented malt beverage stores or outlets, taverns, lounges, nightclubs, private clubs and bars, restaurants, drive-through restaurants and cafes.

(5)

Public, parochial and private schools (including private, vocational, trade and professional schools), colleges, universities, preschools and day nurseries (including those uses commonly accepted as accessory thereto when located on the same premises).

(6)

Community buildings, recreational buildings, churches, libraries, parks, museums, aquariums and art galleries.

(7)

Retail stores.

(8)

Mortuaries, homes for the aged, nursing homes and hospitals.

(9)

Art, photographic, dance, radio and television studios.

(10)

Parking of automobiles of clients, patients, patrons or customers of the adjacent business and commercial districts.

(11)

Motels, licensed tourist courts and hotels.

(12)

Car washes, automobile and truck repair businesses and/or motor fuel service stations in existence as of the date of adoption of Ordinance No. 89-3 and physically located on the premises.

(12.5)

Small engine, motorcycle, snowmobile and other such small recreational vehicle sales and repair.

(13)

Living quarters for a single-family only of an owner/operator/caretaker of a business in a business building.

(14)

Other such similar business uses as listed in paragraphs (1) through (13) above which are determined by the planning commission to be not more detrimental uses in said district than the uses by right hereinbefore enumerated. Such planning commission determination may be appealed to the town council.

(15)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(b)

Accessory uses.

(1)

Outdoor display of goods, provided the goods are displayed immediately adjacent to the building or within a parking lot or adjacent area while maintaining minimum parking requirements and barrier-free parking standards.

(c)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Multiple-family dwellings located on second or higher stories in buildings containing permitted business uses on the ground floor.

(d)

Lot minimum requirements.

(1)

Minimum lot area - no minimum requirement.

(2)

Minimum lot width - twenty-five (25) feet.

(3)

Minimum lot frontage - twenty-five (25) feet minimum (minimum front lot line).

(4)

Front setback - no minimum requirement.

(5)

Side setback - if a building is constructed of masonry or fireproof material (refer to Building Code Standards for fireproofing), no side yard shall be required except when located on a corner lot. If a building is constructed of nonmasonry or nonfireproof materials, there shall be a side yard of not less than ten (10) feet on each side. On corner lots there shall be a side yard of not less than five (5) feet on the side adjoining the street.

(6)

Rear setback - the minimum depth of rear yard shall be ten (10) feet from the rear lot line.

(e)

Historical district. If areas of the B district should fall within the H district, zoning requirements of the H district shall apply in such instances, except that these lot area and yard minimum requirements will be adhered to.

(f)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Retail sales.

(2)

Farmers markets.

(3)

Auctions.

(g)

Uses requiring planning commission approval. The following uses shall be permitted only upon approval of the planning commission:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multi-family dwellings.

(4)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(5)

Automotive repair, minor.

(Ord. 10-08 §2, 2010; Ord. 14-02 §2, 2014)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 24-80, § 2, 12-18-24)

Sec. 16-47. - Commercial one district (C-1).

(a)

Uses by right.

(1)

Any use by right in the B district.

(2)

Building supplies, provided that any outdoor storage is screened from public view.

(3)

Cold storage lockers and meat processing (but not including slaughtering on the premises).

(4)

Mobile home, travel trailer, boat, motorcycle, tractor, trailer, camper and motor vehicle display and sales.

(5)

Car washes, automobile and truck repair businesses and/or motor fuel service stations. (For permitted aboveground storage of flammable liquids, see section 18-17 of this code.)

(6)

Rental agencies, including those for automobiles, campers, trailers and light equipment (but not including heavy equipment).

(7)

Ambulance services.

(8)

Auction houses (no live animals).

(9)

Lapidary shops, taxidermists.

(10)

Veterinary hospital (small animal - enclosed).

(11)

Self-storage.

(12)

Other such similar commercial uses as listed in paragraphs (1) through (11) above which are determined by the planning commission to be not more detrimental uses in said district than the uses by right hereinafter enumerated.

(13)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(b)

Accessory uses. Any accessory use permitted in the B district.

(c)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Any temporary use allowed in the B district.

(e)

Uses requiring planning commission approval.

(1)

Any use requiring planning commission approval in the B district.

(2)

Small scale manufacturing of items primarily for sale on the premises, construction, repairing, processing, fabrication, packaging, warehousing, storage and/or industrial operation or other such related activities of any kind not heretofore listed. Such planning commission determination may be appealed to the town council.

(f)

Maximum building height. Building height must be specifically applied for and approved by the planning commission if the proposed building is to exceed thirty (30) feet in height.

(g)

Lot minimum requirements.

(1)

Minimum width of lot - twenty-five (25) feet.

(2)

Front setback - except as hereinafter provided, the minimum depth of any front yard for any building, measured from the front lot line to the front setback line, shall be twenty-five (25) feet. Motor fuel pumps may be erected not less than eighteen (18) feet from such front lot line. A canopy may be erected over motor fuel pumps not less than five (5) feet from such front lot line.

(3)

Side setback - if a building is constructed of masonry or fireproof materials (subject to Building Code Standards for fireproofing), no side yard shall be required on an interior lot or on that side of a corner lot which is not adjacent to the street. If a building is constructed of materials other than masonry or fireproof materials, the minimum depth of any side yard of an interior lot or of a side yard of a corner lot on that side which is not adjacent to a street, measured from the side lot line to the side setback line, shall be ten (10) feet. Motor fuel pumps may be erected not less than eighteen (18) feet from any side lot line. A canopy may be erected over motor fuel pumps not less than five (5) feet from side lot line.

(4)

Rear setback - ten (10) feet (minimum depth of rear yard shall be ten [10] feet from the rear lot line).

(5)

The planning commission may grant variances to lot area and yard minimum requirements in certain areas and circumstances.

(Ord. 10-08 §2, 2010; Ord. 14-02 §3, 2014)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-48. - Commercial two district (C-2).

(a)

Uses by right.

(1)

Any use by right in the C-1 district.

(2)

Amusement parks and go-cart tracks.

(3)

Veterinary hospitals, kennels and hospital pens.

(4)

Shops for custom work or for making articles to be sold at retail on the premises.

(5)

Wholesale businesses.

(6)

Cold storage plants and meat processing (but not including slaughtering on the premises).

(7)

Storage in bulk of and/or warehousing of such items as building materials, coal, wood and construction equipment.

(8)

Auction houses.

(9)

Reserved.

(10)

Rental agencies for heavy equipment.

(11)

Lumber yards.

(12)

Reserved.

(13)

Other such similar commercial uses as listed in paragraphs (1) through (12) above which are determined by the planning commission to be not more detrimental uses in said district than the uses by right hereinbefore enumerated. Such planning commission determination may be appealed to the town council.

(14)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(b)

Accessory uses. Any accessory use permitted in the C-1 district.

(c)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Any temporary use allowed in the C-1 district.

(e)

Uses requiring planning commission approval.

(1)

Any use requiring planning commission approval in the C-1 district.

(2)

Bulk storage of oil and petroleum products. (For permitted aboveground storage of flammable liquids, see section 18-17 of this code.)

(3)

Storage of any quantity of hazardous substances.

(4)

Small scale manufacturing of items primarily for sale on the premises, construction, repairing, processing, fabrication, packaging, warehousing, storage and/or industrial operation or other such related activities of any kind not heretofore listed. Planning commission determination may be appealed to the town council.

(f)

Maximum building height. Building height in excess of thirty (30) feet must be specified on an approved site plan.

(g)

Lot minimum requirements.

(1)

Width of lot - fifty (50) feet.

(2)

(3)

Side setback - if a building is constructed of masonry or fireproof material (subject to the Building Code Standards for fireproofing), no side yard shall be required on an interior lot or on the side of a corner lot which is not adjacent to a street. If a building is constructed of materials other than masonry or fireproof materials, the minimum depth of any side yard of any interior lot or of a side yard of a corner lot on that side which is not adjacent to a street, measured from the side lot line to the side setback line, shall be ten (10) feet. On corner lots, the minimum depth of the side yard on the side adjacent to a street, measured from the side lot line to the side setback line, shall be fifteen (15) feet. Motor fuel pumps may be erected not less than eighteen (18) feet from any side lot line.

(4)

Rear setback - ten (10) feet (minimum distance of any building from rear lot line).

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-49. - Commercial office district (C-O).

(a)

Purpose. The Commercial — Office (C-O) District is intended to provide for administrative and professional services and limited personal services. C-O properties should be designed to mitigate any nuisance or incompatibility with surrounding land uses and should include the integration of pedestrian access. Land within this classification is generally located adjacent to residential areas on major traffic arterial roadways.

(b)

Design criteria.

(1)

The entire office development, including building, landscaping and parking shall be designed, used and maintained in such manner as to be compatible with and enhance surrounding development;

(2)

All businesses shall operate completely within enclosed buildings.

(c)

Uses by right.

(1)

Accounting, auditing and bookkeeping services.

(2)

Advertising agencies.

(3)

Barber shops.

(4)

Beauty shops.

(5)

Computer maintenance and repair.

(6)

Home health care services.

(7)

Insurance agents, brokers and services.

(8)

Legal services.

(9)

Offices and clinics of dentists.

(10)

Offices and clinics of doctors of medicine.

(11)

Photographic studios.

(12)

Retail sales that are operated entirely within office buildings and which are compatible with and incidental to the primary permitted office use. Retail sales may not occupy more than ten (10) percent of the floor area of office buildings.

(13)

Real estate agents and managers.

(14)

Security brokers and dealers.

(15)

Tax return preparation services.

(16)

Title abstract offices.

(17)

Other such similar uses as listed in paragraphs (1) through (15) above which are determined by the planning commission to be not more detrimental uses in said district than the uses by right hereinafter enumerated.

(d)

Accessory uses. None permitted.

(e)

Uses by special review (USR). The following buildings, structures and uses may be constructed, occupied or maintained in this district upon approval of a permit in accordance with the requirements and procedures set forth in section 16-63 of this chapter.

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(f)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(g)

Maximum building height - thirty (30) feet in height.

(h)

Lot minimum requirements.

(1)

Minimum area of lot — twelve thousand five hundred (12,500) square feet.

(2)

Minimum width of lot — fifty (50) feet.

(3)

Front setback — twenty-five (25) feet.

(3)

Side setback — shall be ten (10) feet, or fifteen (15) feet if abutting a residential district.

(4)

Rear setback — fifteen (15) feet.

(i)

Parking.

(1)

See section 16-142 of this chapter.

(Ord. No. 16-07, § 1, 9-21-16)

Sec. 16-50. - Agriculture one district (A-1).

(a)

Uses by right.

(1)

Single-family dwellings.

(2)

General farming, including grains, fruit, vegetables, grasses, hay, stock raising and the keeping and boarding of horses.

(3)

Poultry hatcheries and farms, fish hatcheries, beekeeping operations and dairy farms.

(4)

Greenhouses and nurseries, including both wholesale and retail, provided that products sold are raised on the premises.

(5)

Forestry farming, including raising of trees for any purpose.

(6)

Roadside stands for operation during not more than six (6) months in each year for the sale of farm products raised or produced on the premises, provided that such stands are located not less than thirty (30) feet distance from any street, highway or right-of-way line.

(7)

Private building for housing dogs, cats or similar domesticated pets. On legal nonconforming lots or parcels of one (1) acre or less in size, the maximum total number of dogs, cats and similar domesticated pets allowed is two (2), as well as the offspring of the allowed number of domesticated animals up until the time that they are weaned.

(8)

Public parks, noncommercial playgrounds or other public recreational uses, provided that each occupies more than ten (10) acres of land, and public and private golf courses and associated clubhouse facilities located on the golf course property.

(9)

Riding academies.

(10)

Camps, campgrounds, picnic grounds, lodges or other similar facilities, provided that the total building coverage does not exceed two thousand five hundred (2,500) square feet gross floor area, and the total number of vehicle-accessed campsites does not exceed fifty (50); however, open-sided roofed picnic shelters are excluded from the gross floor area limit specified above.

(11)

Manufactured housing.

(12)

Home occupations, provided that the requirements and conditions of this chapter are met.

(b)

Accessory uses.

(1)

Barns, sheds and shelters necessary to the operation of principal uses.

(2)

Living quarters for hired personnel.

(3)

Water wells, pump houses or tanks.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the board of trustees.

(1)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(2)

Telephone exchanges, cable TV equipment site, electric or electronic substations, including electric or electronic transmission and distribution lines, gas lines or regulator stations where no repair or storage facilities are maintained.

(3)

Reserved.

(4)

Petroleum products, wells and stations.

(d)

Minimum lot area and setback requirements.

(1)

Minimum lot area - eleven (11) acres.

(2)

Setback requirements - buildings and/or corrals shall be set back fifty (50) feet from all property lines.

(e)

Maximum building height. No building shall exceed thirty (30) feet in height. (See definitions.)

(f)

Minimum floor space. All structures used for permanent dwelling purposes shall contain a minimum square footage of finished floor area per dwelling unit.

(g)

Water and sewer.

(1)

Private wells will be allowed where town water is not available in this district.

(2)

Private septic systems will be allowed where public sewage collection and treatment is not available in this district.

(3)

Private water and sewage treatment systems shall meet all county and state health requirements and all other applicable laws governing their construction and use.

(Ord. 10-08 §2, 2010)

Sec. 16-51. - Historical overlay district (H).

(a)

Purpose. The H district is intended to be an overlay district that is adopted as a means of providing additional protection to the character of areas of the town with identified historical importance. As an overlay district, the H district can be adopted by the town council and can coexist with other zoning districts within specified geographic areas of the town.

(aa)

Areas for all residential and business uses which can be developed to be compatible with established historical areas.

(b)

Uses by right. All residential, business, public and semipublic uses and structures required to serve the immediate area, provided that all new principal buildings and their accessory uses and structures are first recommended for approval by the planning commission, following a public notice and hearing, and subject to the following special conditions:

(1)

Before approving any new residential, business, public or semipublic principal building and its accessory uses and structures in this district, the planning commission shall find that the character of the proposed construction is in harmony with the established exterior architectural appeal of structures already located in the surrounding area so that existing and future land values within the historical area will not be depreciated.

(2)

The planning commission and the town council shall restrict their respective reviews in each case to the effect of the proposed construction on the health, safety, morals and general welfare of the town, keeping particularly in mind the unique characteristics of certain existing structures in this district and the fact that the prosperity of the entire town is involved in the preservation of established historical sections of the town.

(3)

Ordinarily, as a minimum, the following specific criteria shall be considered by the planning commission and the town council: Architectural compatibility, proposed density of occupancy, relation to existing and future open space, vehicular and pedestrian access and bulk of the proposed building or structure in relation to surrounding building and land.

(4)

Areas zoned as H district shall be shown on the town zoning map.

(5)

Prior to recommending for approval the construction of any new principal building and its accessory uses and structures in this district, the planning commission shall request comments from the owners of the properties abutting and from any representative homeowners or business association formed within this district. Although final recommendation and final action by the town council shall not be bound by such comments, the opinion of such persons and ideas expressed on the official plans for this district shall be given careful attention by the planning commission and the town council.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Maximum building height. Building height must be specifically applied for and approved by the planning commission if the proposed building is to exceed thirty (30) feet in height. Such planning commission determinations may be appealed to the town council.

(d)

Lot minimum requirement.

(1)

Width of lot - no minimum.

(2)

Front setback - no minimum.

(3)

Side setback - no minimum.

(4)

Rear setback - ten (10) feet.

(5)

In cases where this district overlays other zoning districts, the more restrictive lot area and yard minimum requirements shall apply.

(e)

In addition to the provisions contained in section 16-112 of this chapter, signs must be in conformity with the historic nature of the zone and must be approved by the planning commission.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-52. - Parks district (P).

(a)

Uses by right.

(1)

An open area for public use and benefit, including play and picnic areas, tables, shelters and other incidental park uses.

(2)

Public utility mains, underground lines and facilities.

(b)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Public recreation centers or other public buildings intended to provide for recreation services.

(c)

Building height and setback.

(1)

No building shall exceed fifteen (15) feet in height; or up to thirty (30) feet with approval of the board of adjustment.

(2)

All buildings shall be at least twenty-five (25) feet from any exterior lot line.

(Ord. 10-08 §2, 2010)

Sec. 16-53. - Planned development district (PD).

(a)

Authority. This section is adopted pursuant to the Planned Unit Development Act of 1972, Article 67 of Chapter 24, C.R.S.

(b)

Definitions.

Common open space means a parcel of land, an area of water or a combination of land and water within the site designated for a planned development designed and intended primarily for the use or enjoyment of residents, occupants and owners of the planned development. This is distinguished from public open space which is dedicated to and maintained by the town. Public open space and private open space that is open to the public may be used to satisfy public land dedication requirement imposed upon a PD district.

Planned development means an area of land controlled by one (1) or more landowners to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to other provisions of this chapter.

Planned Development Plan (PD Plan) means an approved and recorded instrument that specifies the provisions for development of a planned development which may include, and need not be limited to, location and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space and other public facilities. Provisions of the plan means the written and graphic materials referred to in this definition.

(c)

Objectives. The town's objectives in providing for planned development are as follows:

(1)

To provide for necessary commercial, recreational and educational facilities conveniently located to housing of all types and design.

(2)

To provide for well-located, clean, safe and pleasant industrial sites involving a minimum of congestion on the streets and highways.

(3)

To ensure that the provisions of this chapter which direct the uniform treatment of dwelling type, bulk, density and open space with each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objective of this chapter.

(4)

To encourage innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings, and by the conservation and more efficient use of open space ancillary to such buildings.

(5)

To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes.

(6)

To lessen the burden of traffic on streets and highways.

(7)

To provide a procedure which can relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.

(8)

To ensure that planned developments are properly connected to and integrated with the rest of the Hudson community.

(9)

To encourage integrated planning in order to achieve the above purposes.

(d)

Preapplication conference. A preapplication conference shall be held by the applicant with the town's technical review staff so that the applicant may become acquainted with planned development procedures and related town requirements. The applicant shall submit a conceptual plan to the town manager to review prior to this conference.

(e)

Sketch plan.

(1)

The applicant shall submit a sketch plan to the town manager for review and consideration. The sketch plan shall delineate the following:

The existing topographic character of the site.

Proposed land use or uses, differentiating areas to be developed from areas to remain natural or open.

The location of all existing buildings, structures and improvements.

The location of all proposed buildings, structures and improvements.

The internal traffic and circulation system and points of access to public rights-of-way.

A concept drainage scheme.

The location of existing water and sewer utilities, or the location of the last point of said facilities if they do not exist on the site.

A statement that sufficient water and sewer capacity exists for the site.

(2)

After review by the town technical review staff, the application will be forwarded to the planning commission. The planning commission shall review the sketch plan in light of the foregoing objectives, the town comprehensive plan and the impact of the proposed development on existing or future public facilities and upon neighboring properties. The planning commission may also review the application in light of the additional information required by this section and recommend the waiver of some requirements because they are unnecessary or inapplicable, or the addition of required information not set forth in this section.

(3)

Upon the request of the applicant, the planning commission may continue the discussion on the planned development to a later regularly scheduled meeting of the planning commission to permit the applicant an opportunity to revise the sketch plan in light of the comments and recommendations made by the planning commission.

(4)

Upon conclusion of the discussion of the sketch plan, the planning commission shall render a decision on whether to accept said sketch plan, with or without conditions, and if said sketch plan is not accepted by the planning commission, then the applicant may appeal such decision to the town council. If so appealed, the town council shall indicate approval, disapproval or conditional approval, and shall state definitely what additional information is to be submitted with the PD district plan and any preliminary plat, and what additional information not otherwise required by this section will be required to be filed with said application. Such a statement shall not preclude the town council from requiring further information to be filed with the final plat or final PD Plan.

(f)

Formal application - preliminary subdivision plat/PD district plan. The procedure for the submittal of the formal application and preliminary plat and PD district plan shall be identical to the procedure for submittal and re-review of the sketch plan by the planning commission except as set forth in this paragraph. These applications shall be complete, including any information required by this section or by the town council after review of the sketch plan. Except as otherwise provided herein, approval of the PD district plan shall be by ordinance pursuant to the procedures set forth in this section, and notice shall be given as set forth in section 16-102 of this chapter.

(g)

Final PD Plan approval. No property within a PD district may be developed until a final subdivision plat and a final PD Plan have been approved and recorded with the county clerk and recorder. Final PD Plans must be submitted and considered for approval according to the provisions of subparagraph 16-68(b)(6)f. of this article. Except as otherwise provided herein, a final PD Plan of any planned development ("FDP"), accompanied by a final plat, shall be by ordinance of the town council, adopted according to the procedures for an amendment to the zoning map. No planned development may be submitted for consideration by the town without the written consent of each landowner whose properties are included within the planned development. Approval of a planned development under this section shall not relieve the applicant of any duty to comply with any appropriate subdivision regulations promulgated by the planning commission pursuant to Part I of Article 23 of Chapter 31, C.R.S.

(h)

Allowable uses. A planned development may provide for any one (1) or more of the uses allowed in any zoning district in the town. If the preliminary PD Plan does not specify lot size, setbacks or other dimensional requirements for a particular use within the planned development, such requirements shall be those dimensional requirements otherwise required for the most restrictive zoning district allowing such particular use under this chapter.

(i)

Required additional information to be filed with PD district application. The following additional information shall be filed with a preliminary PD Plan application:

(1)

A written statement and exhibits containing as a minimum the following information:

A statement of the present ownership and a legal description of all land included in the planned development.

An explanation of the objectives to be achieved by the planned development.

A development schedule indicating the approximate date when construction of the planned development, or stages of the planned development, can be expected to begin and be completed.

Copies of any special agreements, advances, restrictions, covenants, property owners' agreements or dedications which will govern the use of, maintenance and continued protection of the planned development and its common areas.

A list of property owners of record and their addresses within five hundred (500) feet of the proposed planned development.

(2)

A written statement and exhibits describing the uses and activities to be permitted within each area or areas, including the following:

The types and locations of dwelling units, if any.

The approximate acreage or square footage of each use, including any nonresidential uses, parking, roadways, recreational areas and facilities, etc.

The area occupied by buildings.

Improved off-street parking requirements; e.g., spaces per unit or square feet along with a parking plan.

Any other applicable restrictions such as building setbacks, height limits, access, grades or widths of roads, etc.

(3)

The overall density proposed for the land as well as the maximum density to occur in each area.

(4)

The proportion of land to be left in a natural condition as a major open space, stated in terms of acreage or square footage, as well as the ratio of open space in areas to be developed, stated on a square foot per unit basis.

(5)

A description of snow removal methods or techniques to be utilized.

(6)

A description of the proposed method of providing permanent maintenance of all nonprivate buildings, facilities and areas, and private streets, if any.

(7)

A written statement which shall describe and provide evidence of:

A water source with adequate and dependable capacity to service the proposed development.

The proposed method or methods of sewage treatment and the location of planned outfall line if the town sanitation district sewer system is not to be used.

The soil, geological and groundwater conditions of the site.

Traffic capacity of existing and proposed streets and whether these are sufficient to accommodate the planned development.

(8)

The maximum height of buildings shall be determined by review of each planned development.

(9)

Reserved.

(10)

The manner in which storm drainage shall be handled.

(11)

The limits of the one-hundred-year floodplain for the area.

(12)

Adequate fire and emergency equipment access.

(13)

Other materials as may be required by the town manager.

(j)

Common parks and open space.

(1)

Common parks and open space will be required in all planned developments. Ownership, public access and maintenance responsibilities for parks and open space within a planned development shall be addressed in the subdivision improvements agreement or in other agreements between the town and the landowner. This amount or the amounts of required open space listed below shall be understood to be the minimum amount from which to start open space negotiations. The following minimum ^* land area percentages shall apply:

Single-family residential and attached, including duplex	25%
Multi-family (triplex and greater condominiums, townhomes, apartments)	35%
Retail commercial	20%
General office - campus office complexes	25%
Light manufacturing —campus office complexes	25%

^* Percentages of land area are based on the total land area of a PD or its individual land use subareas, inclusive of rights-of-way, both public and private. This land area does not include preexisting public rights-of-way bordering the PD property.

(2)

The planned development shall not be permitted unless provisions for ownership and maintenance of open space, streams, stream banks, wooded cover and other desirable landscape features and needs for public facilities are made or are protected by easements, covenants, property owners' agreements or dedications to ensure their continuity and conservation.

(3)

In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the planned development to maintain the common open space in reasonable order and condition in accordance with the plan, the town may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Such notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of the hearing thereon which shall be held within fourteen (14) days of notice. At such hearing, the town may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in any modified notice are not cured within thirty (30) days or any extension thereof, the town, in order to preserve the taxable value of the property within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one (1) year. Before the expiration of the one-year period, the town shall, upon its own initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned development to show cause why such maintenance by the town shall not, at the election of the town, continue for a succeeding year. If the town council determines that such organization is not ready and able to maintain the common open space in a reasonable condition, the town may, in its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(4)

The cost of such maintenance by the town shall be paid by the owners of properties within the planned development who have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on the properties. The town shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by such lien within the planned development and shall certify such unpaid assessments to the board of county commissioners and the county treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.

(k)

Enforcement and modification of provisions of the plan.

(1)

To further the mutual interest of the residents, occupants and owners of a planned development and of the public and the preservation of the integrity of the plan, the provisions of the plan relating to the use of the land, the location of common open space shall run in favor of the town and shall be enforceable at law or in equity by the town without limitation on any power or regulation otherwise granted by law.

(2)

All provisions of the plan shall run in favor of the residents, occupants and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and, to the extent such provisions, whether recorded by plat, covenant, easement or otherwise, or by contract or agreement, may be enforced at law or in equity by residents, occupants or owners acting individually, jointly or through an organization designated in the plan to act on their behalf; provided that no provisions of the plan shall be implied to exist in favor of residents, occupants or owners except as to those portions of the plan which have been fully approved.

(3)

All those provisions of the plan authorized to be enforced by the town may be modified, removed or released by the town, subject to the following:

Any modification, removal or release of the provisions of the plan by the town shall preserve the rights of the residents, occupants or owners of the planned development to maintain and enforce those provisions at law or in equity as provided in this section.

Any substantial modification, removal or release of the provisions of the plan by the town shall be permitted only upon a finding by the town, following a public hearing called and held in accordance with the provisions of the section regarding final approval, that the modification, removal or release is consistent with the efficient development and preservation of the entire planned development, does not affect in a substantially adverse manner either the enjoyment of land adjacent to the planned development or the public interest, and is not granted solely to confer a special benefit upon any person.

Residents and owners of property within a planned development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the town to enforce the provisions of the plan.

(l)

Final PD Plan (FDP) requirements.

(1)

Final development plans shall be drawn and submitted to the town in a form matching the requirements for final plats, including number of copies and drafting medium.

(2)

Final development plans, upon approval, shall be signed by the owner(s) and by the town, and shall be recorded promptly in the records of the county clerk and recorder.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

Sec. 16-54. - Agriculture two district (A-2).

(a)

Intent. The A-2 district shall be as follows:

(1)

The A-2 district is comprised of large lots suitable for a mixture of animal units that allow for smaller cottage and hobby farming activities.

(b)

Definitions. As used in this section, the following definitions apply.

Animal unit. A term used to establish an equivalency for various species of livestock. The number of livestock allowed by right is dependent upon bulk requirements of the A-2 district.

Poultry. As used in this section, poultry is limited to chickens, ducks, pigeons and turkeys.

(c)

Uses by right.

(1)

Single-family dwellings.

(2)

General farming, including grains, fruit, vegetables, grasses, hay and the keeping and boarding of livestock, with a limit of one (1) animal unit equivalent per acre as set forth in the table below.

	Animal Unit Equivalents	Maximum Number per Acre
Cattle	1	2 first acre; then 1 each acre thereafter
Horse	1	2 first acre; then 1 each acre thereafter
Swine	1	2 first acre; then 1 each acre thereafter
Llama	1	2 first acre; then 1 each acre thereafter
Sheep	1	2 first acre; then 1 each acre thereafter
Goat	1	2 first acre; then 1 each acre thereafter
Poultry	0.1	10
Rabbit	0.1	10

(3)

Public parks.

(4)

Riding academies.

(5)

Home occupations, provided that the requirements and conditions of this chapter are met.

(d)

Accessory uses.

(1)

Barns, sheds and shelters necessary to the operation of principal uses.

(2)

Water wells, pump houses or tanks.

(e)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(f)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the town council.

(1)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(2)

(3)

Reserved.

(4)

Manufactured housing.

(g)

Minimum lot requirements.

(1)

Minimum lot area—Forty thousand (40,000) square feet.

(2)

Setback requirements—Buildings and/or corrals shall be set back twenty-five (25) feet from all property lines.

(h)

Maximum building height. No building shall exceed thirty (30) feet in height (see definitions).

(i)

Minimum floor space. Structures used for permanent dwelling purposes shall contain a minimum square footage of seven hundred (700) square feet of finished floor area per dwelling unit.

(j)

Water and sewer. Private septic systems will be allowed where public sewage collection and treatment is not available in this district, provided that the septic system is in conformance with county health department recommendations.

(k)

Variances. Any variance in subsections (g), (h) and (i) above shall be considered by the board of adjustment.

(Ord. 10-08 §2, 2010; Ord. 13-10 §5, 2013)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 17-02, § 2, 4-19-17; Ord. No. 24-15, § 1, 3-20-24)

Sec. 16-55. - Industrial districts generally.

(a)

General. No building, structure or land shall be used, and no building or structure shall be erected, structurally altered or enlarged except as provided herein. Every use, unless expressly exempted by these regulations, shall be so operated as to comply with the following standards.

(b)

Performance standards. It is the intent of this section to prevent land or buildings within industrial districts, including land or buildings authorized by right or permit, from being used or occupied in any manner which will or may create any dangerous, injurious, noxious or otherwise objectionable or hazardous condition, including such conditions caused by fire, explosives or radioactivity, noise or vibration, smoke, dust, odor or other forms of air pollution, electrical or other disturbance, glare or heat, liquid or solid refuse or wastes, conditions conducive to the breeding of rodents or insects, or other dangerous or objectionable substances, conditions or elements (all such conditions or substances referred to herein shall be referred to as dangerous or objectionable elements). Any use permitted may be undertaken and maintained only if it conforms to all requirements of these performance standards. All terminology used in this section and not defined below shall be in conformance with such applicable publications of the American National Standards Institute (ANSI) or its successor body.

(c)

Vibration.

(1)

Ground-transmitted vibration is measured with a complement of instruments capable of recording vibration displacement and frequency, particle velocity or acceleration simultaneously in three (3) mutually perpendicular directions. The instruments used to measure vibration in industrial zone districts shall conform to the applicable ANSI standard for such equipment used to measure community vibrations.

(2)

Maximum permitted vibration levels. The table below designates the maximum peak particle velocities that apply on or beyond adjacent lot lines within all industrial zones, and on or beyond appropriate use boundaries. Vibration shall not exceed the maximum permitted particle velocities in the table below. When a vibration source can be identified and its effects are on more than one (1) land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories. Readings may be made at points of maximum vibration intensity.

Zoning	Steady-State Vibration	Pact Vibration
Residential	0.02	0.04
Commercial	0.05	0.10
Light industrial	0.10	0.20
Industrial	0.15	0.30

(3)

The maximum particle velocity shall be the maximum vector sum of three (3) mutually perpendicular components recorded simultaneously. Particle velocity shall be measured in inches multiplied by the frequency in cycles per second. For purposes of these standards, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute, shall be considered impact vibrations. Between the hours of 9:00 p.m. and 7:00 a.m. all the permissible vibration levels indicated in the previous table for residential district boundaries shall be reduced to one-half (½) the indicated levels.

(d)

Noise. All noise shall be attenuated so as not to be objectionable due to intermittence, beat frequency or shrillness.

(e)

Air pollution. Activities in all industrial districts shall conform with applicable federal and state air pollution standards. Emission of pollutants into the atmosphere must comply with acceptable limits as prescribed in the Federal Clean Air Act, as amended, which is enforced by the United States Environmental Protection Agency. Emission of air pollutants must also comply with the Colorado Air Pollution Control Act of 1970, and any amendments henceforth.

(f)

Odors. Any condition or operation which results in the creation of odors of such intensity and character either on or off property as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped or so modified as to remove the odor. Odorous emissions shall comply with those regulations of the Colorado Air Pollution Control Act of 1970 as stipulated in Regulation No. 2 (Odor Control Regulations) of the Act and any future amendments thereto.

(g)

Electromagnetic radiation. The following standards shall apply generally: It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communications, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Recognizing the special nature, or many of the operations which will be conducted because of the research and educational activities, it shall be unlawful for any person, firm or corporation to operate or cause to be operated, or to maintain or cause to be maintained any planned or intentional sources of electromagnetic energy, the radiated power from which exceeds one thousand (1,000) watts, without expressed approval of the planning commission.

(h)

Fire and explosion.

(1)

All activities and all storage of flammable materials within industrial zone districts shall be provided with adequate safety and fire-fighting devices in accordance with the Fire Code as adopted by the town.

(2)

Containers for the aboveground storage of flammable or combustible liquids of amounts not exceeding ten thousand (10,000) gallons capacity per container and forty thousand (40,000) gallons per single property parcel are allowed in all industrial zone districts. Containers for the aboveground storage of flammable gases of amounts not exceeding two thousand (2,000) gallons capacity per single property are allowed in all industrial zone districts. There shall be a minimum of a fifty-foot setback between containers and any structure or property line. All containers shall be as specified in the Fire Code as adopted by the town.

(3)

There shall be no refueling of motorized vehicles from tank vehicles except as authorized by the Fire Code as adopted by the town.

(i)

Radioactive materials. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with all applicable regulations of the state and federal governments.

(j)

Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion, welding or otherwise, so as to be visible at the lot line, shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this code. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

(k)

Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the regulations of the county health department and the town.

(l)

Deposit of materials or wastes. No materials or wastes shall be deposited upon an industrially zoned lot by such a manner or form that they may be transferred off the industrially zoned lot by natural causes or forces.

(m)

All materials or wastes which might cause fumes or dust which, as determined by the fire marshal, constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored indoors only, in enclosed containers.

(n)

All vehicle docking, loading and unloading activities within industrial zoned districts shall be conducted entirely within the boundaries of the site where the business for which such docking, loading and unloading activities are being conducted. Vehicles parked for the purpose of loading/unloading shall not extend beyond the boundaries of the subject site onto the public right-of-way.

(o)

Trash containers shall be stored behind the front line (or side lines where adjacent to streets) of the primary structure and shall be concealed from view by a solid fence. Other locations may be approved where adherence to these standards is not practical.

(p)

Site plan requirements for industrially zoned properties: Buffering adjacent to residentially zoned areas. Where industrially zoned property abuts residentially zoned property, buffering shall be included on the site plan and installed on the industrially zoned property. Said buffering shall consist, at a minimum, of screened fencing and landscaping and, where possible, berming shall be installed. Screened fencing shall be constructed of appropriate commercial quality materials and shall be a minimum of six (6) feet in height but shall not exceed eight (8) feet in height. Landscaping shall consist, at a minimum, of trees, the location, species and number of which shall be subject to site plan approval. Buffer areas shall be required in addition to the open space standards of the industrial district. All buffer areas shall be a minimum of ten (10) feet in width and, where such buffer areas are adjacent to industrial parking or ingress/egress/drive areas, the buffer areas shall be protected by curbing. All buffer areas shall be maintained and kept free of weeds, trash, debris, outside storage or vehicle parking. Where the industrial district is separated from the residential district by a public right-of-way, or where differences in elevation, or building setbacks or other major restrictions between the two (2) districts render such buffering ineffective, the minimum requirements for buffering may be modified, as approved by the town.

(1)

When required. Buffering shall be installed and/or implemented on industrially zoned properties adjacent to residentially zoned properties when:

Any development, improvement, construction or use is undertaken on a vacant or unused property;

Improvements or additions are made to existing structures where the actual cost of such improvements as calculated by the Building Code exceeds twenty-five percent (25%) of the ad valorem actual value of existing improvements as such ad valorem value is determined by the county assessor, or

Any other development requiring submittal of a site plan.

(2)

Buffering preparation and maintenance.

Prior to the installation of the required buffering, all proposed buffer areas shall be properly graded to allow for proper site drainage.

Upon approval of a completed buffer plan, the owner of the property, his or her successors, heirs and assigns shall be responsible for the proper maintenance of the buffer areas, including continued watering, weeding, fertilizing, pruning, pest control and replacement of dead or diseased plant materials or fencing materials.

All replaced plant or fence material shall be of the same or equal type and size as the original material that was installed according to the approved site plan.

All replacement installations shall be completed no later than the next succeeding planting season.

(q)

Kennels or catteries. Kennels or catteries must meet all standards of the State of Colorado.

(Ord. 10-08 §2, 2010)

Sec. 16-57. - Industrial one district (I-1).

(a)

Intent. The I-1 district is comprised of areas which are primarily developed for nonoffensive types of industrial activity.

(b)

Uses by right. The following uses are allowed by right in the I-1 district:

(1)

General offices.

(2)

Medical and dental offices.

(3)

Warehousing and wholesaling establishments, excluding explosives.

(3.5)

Self-storage.

(4)

The manufacture, assembly and/or production of components and parts for:

Electronics.

Instruments.

Optics.

Watches.

(5)

The assembly of components and parts for computers.

(6)

Machinery sales, excluding truck trailers and heavy equipment.

(7)

Testing laboratories, except as limited by exclusions.

(8)

Schools for industrial or business training.

(9)

Automobile sales and service.

(10)

Greenhouses.

(11)

The repair, rental and service of any commodity, except heavy equipment, trucks or trailers.

(12)

Flea markets, indoor and outdoor.

(13)

Transportation terminals for freight or passengers (need not be enclosed).

(13.5)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(13.6)

Governmental buildings, including fire stations.

(14)

Sexually oriented businesses.

Sexually oriented businesses shall be located a minimum of three hundred (300) feet from any:

Area zoned for residential use;

Single-family, two-family or multi-family dwelling;

Church;

Licensed day care facility;

School or educational facility, serving persons age eighteen (18) or younger.

Sexually oriented businesses shall also be located a minimum of one hundred (100) feet from any other sexually oriented business.

Distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance between any sexually oriented business and any church, school, day care facility, dwelling unit or residential district shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted to the nearest property line of the premises of a church, school, day care facility or dwelling unit, or the nearest boundary of a residential district.

(15)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(16)

Machinery sales, including truck trailers and heavy equipment.

(17)

The repair, rental and service of any commodity, including heavy equipment, trucks or trailers.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Outdoor storage, subject to the provisions of subsection 16-57(f) of this chapter.

(4)

Extrusion of plastics.

(5)

Airstrips when they are accessory to the use allowed by right.

(6)

Structures in excess of fifty (50) feet in height.

(c)

Exclusions. The basic production, manufacturing, processing, shipping, handling or storing of any of the following products or materials and the following specifically identified uses are excluded in I-1 districts:

(1)

Animal by-products.

(2)

Cement.

(3)

Charcoal.

(4)

Coal and coke.

(5)

Concrete.

(6)

Explosives.

(7)

Fertilizer (chemical or organic).

(8)

Fiberglass.

(9)

Fungicides.

(10)

Glue and sizing.

(11)

Gypsum.

(12)

Herbicides.

(13)

Insecticides.

(14)

Junkyards, scrap yards, salvage yards.

(15)

Extraction or smelting of metals.

(16)

Milling or smelting of ores.

(17)

Outdoor storage, unless specifically permitted as a conditional use under the provisions of subsection (f) below.

(18)

Paints and like products.

(19)

Paper pulp and cellulose.

(20)

Petroleum and petroleum products.

(21)

Plastics other than extrusion.

(22)

Preserving by crusading and other pressure impregnation of wood.

(23)

Rubber, including reclaiming, or tire recapping.

(24)

Sawmill or planing mill.

(25)

Slaughterhouse, packinghouse.

(26)

Stockyards and feedlots.

(27)

Sugars and starches.

(28)

Tannery.

(29)

Truck repair, where the repair is a primary use of the property in such zone district or building located on such property.

(30)

Turpentine.

(31)

The manufacturing, processing, use, sale or long-term storage of any highly flammable, corrosive or explosive liquids, solids or gases or highly toxic substances. In interpreting this restriction, the Building Code and Fire Code shall be consulted. If, upon such consultation of said codes, the intensity of use or the duration of storage exceeds the occupancy standards as set forth in the Building Code and/or Fire Code, the use shall be excluded.

(32)

Aboveground storage of flammable or combustible liquids or gases as provided in section 18-17 of this code.

(33)

Transportation terminals where the vehicles are used to carry flammable, explosive, hazardous or highly toxic materials.

(34)

The parking and/or storage of any toxic or hazardous materials as defined by the currently adopted Fire Code.

(35)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Reserved.

(2)

Reserved.

(3)

Mobile office structure.

(4)

Auctions.

(5)

Bazaars.

(e)

Reserved.

(f)

Outdoor storage. Outdoor storage shall be permitted as a Use by Special Review, subject to the following standards:

(1)

Outdoor storage may be permitted as a Use by Special Review in the I-1 district, upon a showing that such use in a specific location will comply with all conditions and standards for the location or operation of such use as specified in this section and authorized at a public hearing by the town council, after review and recommendation, at a public hearing by the planning commission.

(2)

Use by Special Review criteria. No application for outdoor storage as a Use by Special Review in the I-1 district shall be approved unless the town council specifically finds that outdoor storage is appropriate in the location for which it is proposed. This finding shall be based on the following criteria:

Outdoor storage at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way or other matters affecting the public health, safety or general welfare, either as they presently exist or as they may in the future be developed as a result of the implementation of provisions and policies of the comprehensive plan, this chapter or any other plan, program, map or ordinance adopted by the town or another governmental agency having jurisdiction to guide the growth and development of the town.

The characteristics of the site are suitable for outdoor storage as a Use by Special Review considering the size, shape, location, topography, existence of improvements and natural features.

Sufficient landscaping and screening will be utilized to ensure harmony with adjacent uses and public rights-of-way. Where adjacent uses consist of residential, commercial, public zones or uses or are otherwise incompatible, more extensive landscaping and/or berms may serve as buffers at the discretion of the town council. In any event, all outdoor storage shall meet the minimum screening, fencing and landscaping requirements set forth in this section.

No parking or outdoor storage for a continuous period of twelve (12) hours or longer of vehicles greater than one and one-half (1½) tons in gross vehicle weight shall be allowed in the front setback of principal buildings.

No outdoor storage shall occur on a lot that does not contain a building, unless said outdoor storage is used by an adjacent property owner for outdoor storage for his or her business.

All outdoor storage shall be storage that is directly related to the business conducted on that property, unless a vacant property is used for outside storage by an adjacent business for its outdoor storage.

The area of outdoor storage shall be limited based upon the characteristics of the site. Those relevant limiting characteristics include, but are not limited to, the following:

Size of buildings;

Type of material being stored;

Vehicle circulation patterns;

Loading docks; and

Emergency vehicle access.

Outdoor storage shall not be visible to a pedestrian at ground level looking at the storage area from a public right-of-way.

Minimum screening standards. All permits for outdoor storage as a Use by Special Review in the I-1 district shall require screening which shall meet the following minimum standards:

The entire area used for outdoor storage shall be completely screened by a fence or by evergreen trees pursuant to a landscaping or fencing plan approved by the town council or as delegated to the planning commission.

Screen fencing shall be consistent throughout the property in terms of design and materials. Screen fencing shall be compatible with fencing on adjoining property, where appropriate. Materials used in the construction of screen fencing shall include masonry, brick, decorative rock, stone, textured concrete or stucco and wood. Fencing material may consist entirely of masonry or stucco, stone or textured concrete or a combination of these materials. Wood fencing shall in no event make up more than eighty percent (80%) of the screen fence. That is, when wood fencing is used as the primary material, at least twenty percent (20%) of the fence shall consist of another appropriate and approved material. Screen fencing shall be not less than six (6) feet nor more than eight (8) feet in height.

Gates may be constructed of wood or chain-link material. In either case, wooden material shall be attached to the gate in order to provide a visual obstruction of the outdoor storage; however, slats inserted into chain-link fencing material are expressly prohibited. Gates shall be no higher than eight (8) feet in height, and be of no greater length than forty (40) feet.

Additional standards. In addition to the screening standards, all permits for outdoor storage in the I-1 district shall include the following requirements:

Outdoor storage may be stacked no higher than the height of the screen fence. Aisles shall be provided and maintained where necessary to allow for the unobstructed passage of firefighting vehicles, as approved by the fire marshal.

No materials shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

All materials or waste which might cause fumes or dust, which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

The maximum time to come into compliance with all conditions and standards set forth in this section shall be one hundred eighty (180) days from the date of the issuance of the permit by the town council. The town council may set a shorter time period upon a finding that compliance within such shorter time period is reasonable under the circumstances.

All fences required to be erected in order to meet the standards contained in this section shall require a building permit from the town.

Required landscaping shall be located outside the fencing for the screened/enclosed area of outdoor storage. Ten percent (10%) of the total lot area shall be landscaped; however, the town council may require that the area landscaped be greater or less than ten percent (10%) of the total lot size based upon specific site needs. All landscaping plans shall be approved by the town unless the same are specifically approved by the town council.

No grandfathering. Nothing contained in this chapter shall be construed to expand any right or privilege of outdoor storage in the I-1 district unless and until the owner and user of the property involved shall have obtained Use by Special Review approval as provided herein. Any and all outdoor storage existing in the I-1 district which is not expressly permitted as a Use by Special Review, whether or not said outdoor storage in said I-1 district existed prior to the passage of this chapter, is hereby declared to be illegal and in violation of the zoning ordinances of the town. No outdoor storage in the I-1 district shall be "grandfathered"; that is, unless expressly permitted as a Use by Special Review, all outdoor storage, regardless of the date when said outdoor storage commenced, is prohibited.

(g)

Accessory uses. The following buildings, structures and uses may be allowed in the I-1 district so long as they are incidental and accessory to the uses allowed by right.

(1)

Offices for use by operators of the uses allowed by right.

(2)

Loading areas or structures only when screened from the adjacent public rights-of-way or adjacent properties.

(3)

Parking areas or structures for passenger vehicles with a gross weight less than six thousand (6,000) pounds only when the vehicles are screened from the adjacent public rights-of-way or adjacent properties.

(4)

One (1) single-family dwelling unit or one (1) mobile home when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, if:

The mobile home or accessory dwelling unit is necessary for the effective and economic operation of the business, commercial or industrial activity.

The mobile home or accessory dwelling unit will not be used for residential purposes other than for the purpose of the protection or control of the principal use.

Adequate water and sewage disposal facilities are available to the mobile home or accessory dwelling unit.

The mobile home as an accessory use is temporary and will be removed from the property upon the cessation of the use of a mobile home as an accessory use to the business, commercial or industrial activity.

(5)

Recreational facilities for the use of persons employed in the conduct or maintenance of the uses allowed on the property.

(6)

Retail sales, when accessory to uses of manufacturing, fabricating or assembling.

(h)

Reserved.

(i)

Site plan required. No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the I-1 district until a site plan has been approved by the town.

(j)

Setback. No use or accessory use may be located closer than twenty-five (25) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or street right-of-way. Off-street parking areas may be permitted in the required setback area when the area is screened from direct view of persons on the public rights-of-way.

(k)

Lot requirements: Minimum frontage, fifty (50) feet.

(l)

Floor area: No minimum.

(m)

Building height, maximum: Fifty (50) feet.

(n)

Building location.

(1)

Front setback minimum: Thirty (30) feet.

(2)

Side setback, minimum:

Twenty-five (25) feet on one (1) side.

None on the other side, subject to approval by the fire marshal and chief building official.

Side setbacks shall be so applied and interpreted to maintain minimum structure separations across side property lines of twenty-five (25) feet.

A twenty-five-foot side setback from streets or other public rights-of-way.

(3)

Rear setback: No minimum.

(o)

Open space. Shall be ten percent (10%) of gross lot area.

(p)

Parking. Off-street parking requirements shall be as indicated in section 16-142 of this chapter unless otherwise shown on an approved site plan.

(Ord. 10-08 §2, 2010; Ord. 11-06 §1—3, 2011)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-59. - Industrial two district (I-2).

(a)

Intent. The I-2 district shall be as follows:

(1)

The I-2 district is comprised of areas primarily developed for light manufacturing and production.

(2)

All outdoor storage areas shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property where adjacent property is commercial, residential or industrial districts. Where the outdoor storage is adjacent to public right-of-way, it shall be concealed from the public right-of-way with a concealing type fence or wall. Upon written agreement with the town, the concealing fence regulations may be modified to solve security problems.

(b)

Uses by right. Uses by right shall be as follows:

(1)

All uses by right in the I-1 district.

(2)

Lumber and building supply yards.

(3)

Contractor shops and storage (except junk).

(4)

Firewood; commercial storage and sales.

(5)

Outside storage for heavy equipment sales and repair (except junk).

(6)

Truck trailer sales, repair and maintenance.

(7)

Shipping, storage or handling of fiberglass or plastics.

(8)

Light repairs using fiberglass or plastics, so long as no more than twenty (20) gallons of liquid polymers or two hundred (200) pounds of solid thermoplastic material are used on the property each day of operation.

(9)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(10)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Exclusions. The basic production, basic manufacturing or basic processing, shipping, handling or storing of any of the following products or materials and the following specifically identified uses are excluded from I-2 districts: Same as I-1 districts with the following additions:

(1)

Fiberglass.

Fiberglass spray-up operations.

Contact molding of fiberglass to the extent more than twenty (20) gallons of liquid polymer are used on the property each day.

(2)

Insulation materials.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Same as I-1 district.

(e)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the town council: The basic production, manufacturing or processing of the following:

(1)

Abrasives.

(2)

Lightweight aggregate blocks.

(3)

Concrete products (excluding central mixing plant).

(4)

Glass.

(5)

Serum and like products.

(6)

Plastics and fiberglass, to the extent not excluded by subsection (c) above.

(7)

Buildings over fifty (50) feet in height.

(8)

Dwellings, provided that such dwellings are in conjunction with and supplementary to the principal use, such as caretaker's home, night watchman's home or key maintenance employee's home.

(9)

Extrusion of plastics.

(10)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(f)

Accessory uses: None.

(g)

Lot requirements: Minimum frontage, fifty (50) feet.

(h)

Floor area: None.

(i)

Building height, maximum: Fifty (50) feet.

(j)

Building location. Building location shall be regulated as follows:

(1)

Front setback, minimum: Fifty (50) feet.

(2)

Side setback, minimum: Twenty-five (25) feet.

(3)

Rear setback: Twenty-five (25) feet.

(k)

Open space. Open space shall be ten percent (10%) of gross lot area.

(l)

Parking. Off-street parking requirements shall be as indicated in section 16-142 of this chapter unless otherwise shown on an approved site plan.

(m)

Site plan required. No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the I-2 district until a site plan has been approved by the town.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-60. - Industrial three district (I-3).

(a)

Intent. The I-3 district is for industrial uses which are authorized either as uses by right or temporary uses or are specifically found by the town council to meet Use by Special Review approval criteria.

(b)

Uses by right. All uses by right in I-1 and I-2 districts subject to all rules and regulations established with the standards of said zone districts, except that I-3 district setbacks and height limitations shall apply: Same as I-1 district with the following additions:

(1)

Machinery sales, truck, truck trailer, heavy equipment sales, repair and maintenance.

(2)

Automobile sales and service.

(3)

Dry cleaning plants.

(4)

Flour mills.

(5)

Glass or glass products manufacture.

(6)

Grain elevators.

(7)

Insulation material storage and sales.

(8)

Metal sheets or bearings processing.

(9)

Forging or rolling mills.

(10)

Noncommercial radio and TV towers up to ninety (90) feet in height.

(11)

Public utility storage yards and service installments.

(12)

Adult entertainment uses, subject to the provisions of this chapter.

(13)

The basic production, manufacturing, processing, storage, shipping or handling of any of the following:

Pipe;

Paint;

Insulation;

Fiberglass;

Plastics;

Serums and like products;

Cement or cinder block.

(14)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(15)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Foundries;

(4)

Power plants;

(5)

Railroad yards, together with buildings, structures and facilities related thereto;

(6)

Refineries and aboveground petroleum storage;

(7)

Animal packing or slaughter;

(8)

Boiler or tank works;

(9)

Cement, cinder block, concrete, lime or plaster manufacture;

(10)

Concrete mixing plants;

(11)

Creosote manufacture or plants;

(12)

Fat rendering production of edible fats and oils from animal or vegetable products;

(13)

Noncommercial radio and TV towers over ninety (90) feet in height;

(14)

Feedlots, fur farming or other commercial production of animals or poultry;

(15)

Fertilizer manufacture or processing or sale thereof;

(16)

Forging plants and foundries;

(17)

Gas or liquefied petroleum gases in approved container for storage above ground;

(18)

Livestock and sale rings or rodeos;

(19)

Meat processing, packing and slaughter;

(20)

Metal ingots or casting;

(21)

Stockyards;

(22)

Explosive manufacture or storage;

(23)

Junkyards, scrap yards, salvage yards;

(24)

Sand and gravel operations;

(25)

Landfill operations;

(26)

The manufacture, processing, use, sale or long-term storage of any highly flammable, corrosive or explosive liquids, solids or gases or highly toxic substances consistent with the requirements of the Building Code and Fire Code as adopted and in effect in the town;

(27)

Containers for the aboveground storage of flammable or combustible liquids and flammable gases in excess of forty-thousand-gallon capacity per single property in containers specified by the Fire Code as adopted by the town;

(28)

Transportation terminals where the vehicles are used to carry flammable, explosive, hazardous or highly toxic materials;

(29)

The parking and storage of toxic or hazardous materials as defined by the Fire Code as adopted and in effect in the town;

(30)

The basic production, manufacture, shipping, handling or storage of any of the following:

Animal by-products.

Charcoal.

Fungicides.

Glue and sizing.

Gypsum.

Herbicides.

Insecticides.

Metal extraction or smelting.

Milling or smelting of ores.

Paper pulp and cellulose.

Petroleum and petroleum products.

Rubber, including reclaiming and recapping.

Sugars and starches.

Tannery.

Turpentine.

(31)

All other uses not otherwise authorized by this chapter in any zone district in the town.

(d)

Exclusions. Exclusions shall be as may be determined by the town council based upon examination of Use by Special Review criteria.

(e)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Any temporary use allowed in commercial districts.

(2)

Any temporary use allowed in the agricultural district subject to the same requirements.

(3)

Mobile office structures.

(4)

Auctions.

(5)

Bazaars.

(f)

Reserved.

(g)

Reserved.

(h)

Accessory uses: None.

(i)

Lot requirements: None.

(j)

Floor area: None.

(k)

Building height, maximum: Fifty (50) feet.

(l)

Building location. Building location shall be regulated as follows:

(1)

Front setback, minimum: Fifty (50) feet.

(2)

Side setback, minimum: Twenty-five (25) feet.

(3)

Rear setback, minimum: Twenty-five (25) feet.

(m)

Open space. Open space shall be a minimum of five percent (5%) of the gross lot area.

(n)

Reserved.

(o)

Site plan required. No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the I-3 district until a site plan has been approved by the town.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-61. - Open space district (O).

(a)

Intent. This O district is intended to provide for and preserve open areas within the town.

(b)

Uses by right. The uses by right in the O district shall be as follows:

(1)

Parks.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Country club.

(4)

Golf course.

(5)

Swimming facility.

(6)

School.

(c)

Height regulations.

(1)

Maximum building height shall be thirty (30) feet.

(2)

Accessory buildings shall not exceed eighteen (18) feet in height.

(Ord. 10-08 §2, 2010)

Sec. 16-62. - Agriculture three district (A-3).

(a)

Intent. The A-3 district shall be as follows:

(1)

The A-3 district is comprised of larger lots suitable for a mixture and higher density of animal units and commercial farming activities.

(b)

Definitions. As used in this section, the following definitions apply.

Animal unit. A term used to establish an equivalency for various species of livestock. The number of livestock allowed by right is dependent upon bulk requirements of the A-3 district. Livestock in excess of the bulk requirement for the A-3 district shall require a use by special review permit.

Poultry. As used in this section, poultry is limited to chickens, ducks, pigeons and turkeys.

(c)

Uses by right. Uses by right in the A-3 district shall be as follows:

(1)

All uses by right in the A-2 district, including the keeping and boarding of livestock with a limit of one (1) animal unit equivalent per acre, as set forth in the table below.

	Animal Unit Equivalents	Maximum Number per Acre
Cattle	1	2 first acre; then 1 each acre thereafter
Horse	1	2 first acre; then 1 each acre thereafter
Swine	1	2 first acre; then 1 each acre thereafter
Llama	1	2 first acre; then 1 each acre thereafter
Sheep	1	2 first acre; then 1 each acre thereafter
Goat	1	2 first acre; then 1 each acre thereafter
Poultry	0.1	10
Rabbit	0.1	10

(d)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Livestock in excess of the animal unit equivalents per acre as set forth in paragraph (c)(1) above.

(e)

Uses requiring planning commission approval. All uses requiring planning commission approval in the A-2 district.

(f)

Minimum lot requirements.

(1)

Minimum lot area. Five (5) acres.

(2)

Setback requirements. Buildings and/or corrals shall be set back twenty-five (25) feet from all property lines.

(3)

Maximum building height. No building shall exceed thirty (30) feet in height.

(g)

(Ord. 10-08 §2, 2010; Ord. 13-10 §§6, 7, 2013)

(Ord. No. 24-15, § 1, 3-20-24)

Sec. 16-63. - Uses permitted by Special Review (USR).

(a)

Intent. The uses within the zone districts established by this chapter as Uses by Special Review (USR) may be permitted in the designated districts upon approval by the town council following a public notice and hearing as described in this section and subject to such conditions and safeguards as may be imposed by the town council.

(b)

Criteria for approval. The town council may approve a Use by Special Review by resolution, specifying reasonable conditions which include, but are not limited to, the requirements that the proposed use:

(1)

Will be in harmony and compatible with the character of the surrounding areas and neighborhood;

(2)

Will be consistent with the town comprehensive plan, this article or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the town;

(2.5)

There shall be proven a community need for the proposed use at the proposed location given existing and proposed uses of a similar nature in the area and of the need to provide or maintain a proper mix of uses both within the town and also within the immediate area of the proposed use.

The proposed use in the proposed location shall not result in either a detrimental over-concentration of a particular use within the town or within the immediate area of the proposed use; and

The area for which the use is proposed is not better suited for or likely to be needed for uses which are permitted as a matter of right within that district, given policies or provisions of the comprehensive plan, this chapter or other plans or programs of the town.

(3)

Will not result in an over-intensive use of land and shall meet the dimensional standards of this zoned district unless otherwise approved by the town council;

(4)

Will not have a material adverse effect on community capital improvement programs;

(5)

The proposed use in the proposed area will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities and services of the town or its residents. Where any such improvements, facilities, utilities or services are not available or adequate to service the proposed use in the proposed locations, the applicant shall, as part of the application and as a condition to approval of the USR, be responsible for establishing ability, willingness and binding commitment to provide such improvements, facilities, utilities and services in sufficient time and in a manner consistent with the comprehensive plan, this chapter and other plans, programs, maps and ordinances adopted by the town to guide its growth and development. The approval of the USR shall be predicated upon such improvements, facilities, utilities and services being provided and guaranteed by the applicant;

(6)

Will not result in undue traffic congestion or traffic hazards;

(7)

Will not cause significant air, water or noise pollution;

(8)

Will be adequately landscaped, buffered and screened; and

(9)

Will not otherwise be detrimental to the health, safety or welfare of adjacent properties, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety and general welfare, either as they presently exist or as they may in the future be developed as a result of the implementation of provisions and policies of the comprehensive plan, this chapter or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice, by the town or other governmental agency having jurisdiction to guide growth and development of the community.

(c)

Limitations. Uses by Special Review shall be permitted for a duration of time specified by the town council or until the land use changes or is terminated, whichever occurs first. Approval of a USR by the town council may stipulate restrictions or conditions which may include, but are not limited to, a definite time limit to meet such conditions, provisions for front, side or rear yard setbacks greater than the minimum dimensional standards as provided in this chapter, suitable landscaping, off-street parking and any other reasonable restriction, condition or safeguard that would uphold the spirit and intent of this chapter, and mitigate adverse effects upon the neighborhood properties by reason of the use, extension, construction or alteration allowed as set forth in the findings of the town council.

Each use is subject to review by the planning commission as often as the town council deems appropriate to ensure compliance with the criteria above and any other stated conditions of approval. The performance criteria upon which the USR shall be conditioned shall prohibit noise, dust, vibration, odor or other nuisance problems beyond the interior buffer yard line of the use. Data demonstrating this shall constitute a part of the application for the USR. Failure of a property owner or occupant of any property subject to a USR permit to comply with any USR conditions shall constitute a violation of this chapter.

(d)

Procedure.

(1)

The applicant should meet with representatives of the town informally to discuss the request to be submitted and determine the requirements for such application and the size and nature of the proposal.

(2)

Once the applicant determines to proceed, the following information shall be submitted to the town clerk for referral to the planning commission:

A completed development application form and a USR application form.

Graphic materials as needed to describe the proposal, printed on 11" x 17" paper.

A narrative outlining the proposal as described below.

Reserved.

An alphabetical list of all property owners adjacent to the affected property.

Any other information that the town may require.

The appropriate fee or deposit.

Proof of ownership, or consent of the owner.

(3)

The planning commission shall review the proposal as soon as practical and determine the completeness of the application.

(4)

Public hearings shall be scheduled before the planning commission in accordance with this chapter.

(5)

The planning commission shall, following the public hearing, make its recommendation in writing to the town council which shall make the final determination. The town council may hold additional public hearings prior to making a final decision if it determines it is in the public interest to do so.

(6)

In approving a USR, the town council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.

(e)

Revocation. A conditional use may be revoked or modified, after notice and hearing, for either of the following reasons:

(1)

The conditional use was obtained or extended by fraud or deception; or

(2)

One (1) or more of the conditions imposed by the conditional use has not been met or has been violated.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-64. - Standards for accessory uses and buildings.

(a)

The accessory building or structure shall be subordinate to and customarily found with the principal use of the land or site and shall be located on the same lot as the principal use.

(b)

Accessory buildings shall be operated and maintained for the benefit or convenience of the occupants of the premises which contain the principal use.

(c)

Business and commercial. In a business or commercial district, a use accessory to an authorized use shall be permitted as specified in district regulations. The parking of automobiles of clients, patients, patrons or customers within a front, side or rear yard of a building within a commercial or business district, without charge and in connection with any use permitted in such, shall be deemed an accessory use.

(d)

Aboveground storage of flammable liquids and gases. In the event the aboveground storage of flammable liquids and gases is a valid accessory use as defined in this section, such storage shall meet federal, state and local laws, regulations and safety standards.

(e)

In nonresidential zone districts, all setbacks for accessory uses shall conform to the setbacks as outlined in the underlying zoning district.

(f)

In residential zone districts, with the exception of agricultural zone districts, accessory buildings must be set back at least three (3) feet from the side and rear property line of the property or five (5) feet for structures over two hundred (200) square feet in area if the portion of that structure within five (5) feet of the property line is not fire (resistant)-rated construction as required by the adopted building code. Accessory buildings are not allowed in a utility or drainage easement.

(g)

The height of an accessory building shall not exceed ten (10) feet at the roof eaves above the ground measured at the building foundation. The total height of the accessory building shall not exceed that allowed in the zoning district of the principal use.

(h)

There shall be no more than three (3) accessory buildings on any lot, with the exception of agricultural zone districts.

(i)

No accessory structure in residential zoning districts, with the exception of agricultural zone districts, shall project into the front yard beyond the face of the principal structure that provides primary pedestrian access and contains the front door.

(j)

An accessory structure on a corner lot in residential zoning districts, with the exception of agricultural zone districts, shall meet the primary structure side setback line for the applicable zoning district in which it is located.

(Ord. 10-08 §2, 2010; Ord. 13-05 §3, 2013)

(Ord. No. 20-05, § 3, 12-2-20)

Sec. 16-64.5. - Accessory dwelling units.

(a)

Intent. Accessory dwelling units are intended to increase the supply of affordable and independent housing for a variety of households, increase home and personal security, provide supplemental earnings for people with limited incomes, and increase residential densities. This should occur by using the existing infrastructure and community resources throughout the town while protecting the existing character of single-family neighborhoods. For structures intended for human habitation, this section applies instead of section 16-64 of this code.

(b)

Definition: Accessory dwelling unit (ADU or ADUs). A habitable dwelling unit that provides basic requirements for living, sleeping, eating, cooking, and sanitation and is added to, created within, or detached from and on the same lot with a single-family dwelling (the "primary residence").

(c)

Use by special review. ADUs may be permitted within the following zoning districts as a use permitted by special review (USR). The provisions of section 16-63 apply.

(1)

Residential one (R-1).

(2)

Residential two (R-2).

(3)

Agriculture two (A-2).

(4)

Agriculture three (A-3).

(d)

Accessory uses. Per section 16-57(g)(4) of this code, within the Industrial one (I-1) zoning district, an ADU may be allowed as an accessory use without a primary residence.

(e)

If located within the Agriculture two (A-2) and Agriculture three (A-3) zoning districts and served by a preexisting well or septic system, a lot must meet the requirements of this code and the Weld County Health and Environment Department to accommodate an ADU. No minimum lot size applies if the lot for the ADU is served by the town water and sewer systems.

(f)

No more than one (1) ADU is permitted primary residence.

(g)

The primary residence on the lot accommodating an ADU must be constructed as a conventional, site built, or manufactured housing as defined by this code.

(h)

The ADU must be constructed as a conventional, site built, or manufactured housing unit as defined by this code. With the exceptions permitted in the Industrial one (I-1) zoning district, recreational vehicles, mobile homes, or park model homes (also known as recreational park trailers) shall not serve as an ADU in any zoning district.

(i)

An ADU shall be no smaller than four hundred (400) square feet and no greater than one thousand (1,000) square feet, and in all cases, shall be smaller in size and clearly subordinate to the primary residence.

(j)

The ADU shall be limited to two (2) bedrooms. A maximum of one (1) additional bedroom for may be allowed if approved as part of the USR process.

(k)

The ADU and the primary residence must meet the setback requirements, lot coverage, and building height requirements of the zoning district in which the ADU is located or, at minimum, must be at least five (5) feet away from an adjoining lot line, whichever is greater.

(l)

ADU conversion. An existing garage structure or other outbuildings may be converted to an ADU provided that the structure complies with the setback standards for the primary structure as prescribed in the underlying zoning district, applicable building codes, and all other standards set forth in this code. The conversion of a garage shall not result in the elimination of the requirement of one (1) legal on-site parking space to serve the primary residence.

(m)

Building code. Each ADU shall comply with the town's adopted building codes and all model codes for detached dwellings.

(n)

Utilities. Unless there is a preexisting permitted water well and septic system, all ADUs shall be served with municipal water, municipal sanitary sewer, and electric service. ADUs must be connected to the water, wastewater and electric utilities of the primary residence and may not have separate utility services, unless the town manager determines such to be infeasible.

(o)

Parking. No additional parking is required for the ADU; however, if a garage conversion is proposed, the required parking spaces for the primary residence must be replaced on-site. The replacement parking may be open, on-site parking spaces.

(p)

Owner occupancy required. Either the ADU or the primary residence shall be permanently occupied by the owner of the lot, which shall include title holders and contract purchasers. If at any time the owner occupies neither the primary residence nor the ADU, the ADU shall not be used or occupied as a dwelling unit and shall not be rented.

(q)

Application requirements; approval process.

(1)

When an USR is required for an ADU, an application shall be filed with the town clerk in accordance with the USR process set forth in section 16-63 of this code. When applying, in addition to complying with section 16-63(d)(2), the following additional material is required:

A notarized letter of application from the lot owner(s) stating that the owner(s) will occupy either the primary residence or the ADU on the lot as a permanent residence;

A floor plan of the proposed ADU drawn to a scale of one-quarter inch to one foot, showing the proposed changes to the building including entrance and connecting doors;

A site development plan, including approach to entries, general landscaping, setbacks, and parking.

A utility service plan.

(2)

Upon receipt of a complete application, a public hearing shall be scheduled before the planning commission.

(r)

If the ADU is approved by town council, the applicant shall be required to apply for and obtain a building permit for the ADU.

(Ord. No. 19-19, § 1, 8-7-19)

Sec. 16-65. - Permit for temporary housing incidental to construction of single-family dwelling.

(a)

Intent. This section is intended to provide a permit process for a property owner constructing a single-family dwelling for the owner's own use to allow the use of a temporary structure to serve as a dwelling during the period of construction not to exceed six (6) months; provided, however, that such temporary structure must be placed on the same lot upon which the single-family dwelling is being constructed.

(b)

Definitions. For purposes of this section, the following terms have the following meanings:

Recreational vehicle means a vehicle which is: Built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Included as recreational vehicles are trailers, trailer coaches, camping trailers, motor homes, pickup (slide-in) campers, chassis mounts, converted vans, chopped vans, mini-motor homes and fifth wheel trailers of recreational vehicle construction (as opposed to commercial fifth wheel trailers).

Trailers, trailer coaches and fifth wheel trailers of recreational vehicle construction mean recreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons or pickup trucks, but not including truck tractors or commercial vehicles of any type.

Camping trailer means a type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass, plastic or metal. The walls of such trailer are collapsed while being towed, and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.

Pickup (slide-in) campers mean recreational structures designed to be mounted temporarily or permanently in the beds of light trucks with the trucks having either single or double rear wheels and with or without an assisting, extra tag axle and wheels mounted on either the camper chassis or the truck chassis behind the truck's rear wheels. Such campers can be readily dismounted from the truck beds, but must remain mounted on a truck bed to be used as a recreational vehicle as a temporary structure pursuant to this section.

Chassis mounts, motor homes and mini-motor homes mean recreational structures constructed integrally with a truck or motor van chassis and incapable of being separated therefrom. The truck or motor van chassis may have single or double rear wheels.

Converted andchopped vans mean recreational structures which are created by altering or changing an existing auto van to make it into a recreational vehicle meeting the requirements hereof.

Temporary structure means a recreational vehicle as defined in this chapter.

(c)

Criteria for approval. The planning commission may approve a permit for temporary housing incident to the construction of a single-family dwelling by a property owner for the owner's own use, subject to reasonable conditions which include, but are not limited to, the following:

(1)

The property owner must be constructing a single-family dwelling in a zone district in which such a single-family dwelling is permitted, and the dwelling must be in the process of being constructed for occupancy by the owner occupying the temporary structure;

(2)

The temporary structure will not require a level of community facilities and services greater than the single-family dwelling in the process of being constructed;

(3)

The temporary structure will not have any adverse impact on the health, safety or welfare of the town, including but not limited to any health or safety issues related to the manner by which the temporary structure contains and disposes of water, sewage and litter;

(4)

The applicant must, prior to receipt of any permit for a temporary structure, have obtained a water tap and sewer tap or other lawful sanitary connection, and must lawfully hook up the same to the temporary structure prior to occupying the temporary structure. The hookup must contain adequate weatherproofing, including, at a minimum, a backflow preventer, and any other weatherproofing device determined to be necessary by the town building inspector;

(5)

The applicant provides proof to the planning commission that all adjacent landowners have been notified by first-class mail of the public meeting regarding the special permit for the use of a temporary structure as temporary housing; and

(6)

The temporary structure will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the town, and the applicant has executed a release of liability determined to be necessary by the planning commission.

(d)

Limitations. The permit authorized to be issued by the town pursuant to this section shall be permitted for a duration of time specified by the planning commission, but in no event shall the duration of time of the permit exceed six (6) months. A property owner that has obtained a permit pursuant to this section may apply for one (1) three-month extension in the event the construction of the single-family dwelling has not been completed. Such extension shall be considered by the planning commission based on the same criteria set forth above.

(e)

Application procedure. The property owner seeking a permit pursuant to this section shall submit the following information to the town clerk for referral to the planning commission:

(1)

A narrative indicating that the property owner shall be constructing a single-family dwelling for his or her own use and occupancy;

(2)

A copy of the recorded warranty deed indicating that the applicant is the owner of the property;

(3)

Information sufficient to allow the planning commission to determine whether the applicant has satisfied the criteria for approval set forth in subsection (b) of this section;

(4)

A list of all adjacent landowners to be notified by the applicant by first-class mail of the proposed permit for the use of temporary housing; and

(5)

A deposit as adopted by the town by resolution of the town council, sufficient to reimburse the town for all actual costs associated with the processing and inspecting of the temporary structure. Any unused portion of the deposit shall be returned to the applicant at the expiration of the permit provided herein.

(f)

Planning commission action. The planning commission shall review the proposal as soon as practical at a public meeting with the applicant and determine whether the issuance of a permit is in the best interests of the health, safety and welfare of the town, based on the criteria set forth in subsection (b) of this section. The planning commission shall then make a written determination of whether to issue a permit for a temporary structure, and if it deems it appropriate to issue such a permit, shall specify the duration thereof. In the event the planning commission denies the request for a special permit, the applicant may appeal the determination to the town council. Such an appeal must be filed within five (5) working days of receipt of the written determination by the planning commission.

(g)

Expiration; revocation. A permit issued pursuant to this section shall expire under any of the following circumstances:

(1)

The permit shall expire automatically upon the issuance of a temporary or permanent certificate of occupancy for the single-family dwelling being constructed by the owner of the lot upon which the temporary structure is located.

(2)

The permit shall expire automatically at the end of six (6) months from the date of issuance, unless said special permit has been extended for a three-month period pursuant to subsection (d) above, in which case said special permit shall expire automatically at the end of the three-month extension.

(3)

The planning commission or the town council may revoke a permit issued pursuant to this section in the event it determines at a public meeting after notice to the property owner that the property owner is not in compliance with the criteria for approval of the permit.

(Ord. 10-08 §2, 2010; Ord. 13-13 §40, 2013)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-65.5. - Temporary uses.

(a)

Intent. This section provides standards for the regulation of temporary land uses such as auctions, Christmas tree lots, farmers markets, and seasonal sale of retail merchandise, in zoning districts where they are specifically permitted. It does not regulate licensed peddlers that are not occupying specific parcels of land.

(b)

Temporary uses. The location and operation of temporary uses within the town is prohibited except as provided in this section. Temporary uses shall be allowed subject to the following conditions:

(1)

Temporary uses not listed for a zoning district in this chapter and not reasonably similar to listed temporary uses within the zoning districts shall not be allowed unless and until the use is interpreted by the town in the manner provided for in this section.

(2)

Temporary business uses must obtain all required town business and sales tax licenses.

(3)

Temporary uses must obtain a temporary use permit, approved by the town manager.

(4)

Off-street parking associated with temporary uses permitted for a term in excess of five (5) days within any calendar year must be on a hard improved surface that is intended or customarily used for the parking of motor vehicles.

(5)

Temporary uses requiring electrical service or that include temporary structures or tents that require anchoring must obtain any required building permits and inspections.

(6)

Signs. Temporary uses shall be allowed only one (1) sign per use. Signs shall only be permitted during the term of the temporary use as specified in the temporary use permit. Such sign shall comply with the provisions of article 8 of this chapter.

(7)

Term. Permits for temporary uses may be issued for the minimum time necessary for operation of the temporary use, and such term shall be not longer than ninety (90) consecutive days. Extensions for time periods not to exceed ninety (90) consecutive days may be considered with a new permit application.

(c)

Submittal requirements. Requests for temporary use permits shall be accompanied by the following:

(1)

A completed temporary use permit application.

(2)

A drawing showing the layout of the property on which the temporary use is to be located, indicating dimensions and setbacks; location of all parking and loading areas; tents or other temporary structures; and access to public rights-of-way.

(3)

A description of provisions for sanitation and utility service.

(4)

Authorization to occupy the property for the proposed temporary use, signed by the property owner, with contact information for the owner.

(d)

Approval criteria. Requests for temporary use permits shall be considered on the basis of aesthetics, site design and other impacts such as noise, odor, or traffic. Proposed temporary uses that are determined by the town manager to be of significant impact may be referred to the planning commission for consideration.

(e)

Appeal. Any denial of a temporary use permit by the town manager or by the planning commission may be appealed to the town council.

(f)

Revocation. A permit for a temporary use may be revoked by the town manager for violation of any of the terms and conditions of the permit. Revocation of a temporary use permit may be appealed to the town council.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

Sec. 16-66. - Uses not itemized.

(a)

Intent.

(1)

Uses not listed for a zoning district in this chapter and not reasonably similar to listed uses in the appropriate zoning districts shall not be allowed unless and until the use is interpreted by the town in the manner provided for in this section.

(2)

The town council, after review and recommendation by the planning commission, may add to the uses listed for a zoning district by amendment to this chapter according to the process described in section 16-68 of this chapter, which uses conform to the conditions set forth in the following special findings:

Such use is not listed or similar to any other use;

Reserved;

Such use conforms to the basic requirements and characteristics of the use category to which it may be added; and

Such use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use category to which it is to be added.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-67. - Exceptions, nonconforming uses and area requirements.

(a)

Use regulation.

(1)

The lawful use of land or buildings which existed as of August 1, 1989, which does not conform with the regulations prescribed in this chapter shall be deemed a legal nonconforming use, except as set forth herein regarding residential lots.

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.

As to legal nonconforming uses, if such nonconforming uses are discontinued for a period of six (6) months or more in the use of unimproved land, improved land or a building, any future use of said land or building must be in conformity with the provisions of this chapter.

(2)

A nonconforming use shall not be expanded or changed to another nonconforming use. The extension of a continuing use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of this chapter shall not be deemed an expansion of a nonconforming use within the meaning of this section. No building may be structurally altered to an extent exceeding fifty percent (50%) of the replacement value of the building at the time of alteration, unless the use of said building is changed to a conforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to any nonconforming use. If a building is damaged by fire or other cause to the extent of more than fifty percent (50%) of the replacement value, such nonconforming use shall thereafter be terminated.

(b)

Height regulation. The height limits established herein for any district shall not apply to chimneys, stacks, water towers, wind generators, grain elevators, windmills, silos, elevators, monuments, domes, spires, belfries, hangars and accessory mechanical appurtenances.

(c)

Area regulation.

(1)

Area and minimum width of lot: The board of adjustment may allow variances to area and width requirements, provided that such variances can be permitted without substantial detriment to the public good and without substantially impairing the intent and the purpose of the zoning plan as embodied in this chapter and district map.

(2)

Front yard:

On a through lot, the front setback requirements of a district or districts in which such lot is located shall apply to each street frontage.

Every part of a required front yard shall be open and unobstructed from its lowest point to the sky, except as hereinabove provided, except for landscaping and fencing not prohibited by this chapter and except for open fire escapes and stairways, chimneys and one-story unenclosed porches which extend not more than eight (8) feet into the required front setback.

The board of adjustment may permit variances to the front setback requirements, provided that such variances can be permitted without substantial detriment to the public good and without substantially impairing the intent and the purposes of the zoning plan.

(3)

Side yard:

Every part of a required side yard shall be open and unobstructed from its lowest point to the sky, except as hereinabove provided and hereinafter provided, and except for landscaping and fencing not prohibited by this chapter.

The board of adjustment may permit variances to the side setback requirements, provided that such variances can be permitted without substantial detriment to the public good and without substantially impairing the intent and the purposes of the zoning plan.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-68. - Amendments to land use ordinance or zoning map.

(a)

Intent.

(1)

The purpose of this section is to establish the procedure and requirements for requested amendments to this chapter or the official zoning map.

(2)

Any amendments to this chapter proposed by a property owner or the town shall be processed according to the procedures and requirements of subsection (c) of this section.

(3)

Any amendments to the official zoning map (rezoning) shall be processed according to the procedures and requirements of subsection (b) below.

(b)

Procedure for zoning map amendment (rezoning).

(1)

Submittal of rezoning application. The applicant will submit to the town the materials necessary for the rezoning request to be heard by the planning commission. The town shall review the submittal for completeness.

(2)

The town will send the application out for referrals to various agencies for comment. These agencies will have twenty-five (25) days to respond.

(3)

A hearing is scheduled before the planning commission, and a fifteen-day public notice is required as outlined in section 16-102 of this chapter.

(4)

Planning commission hearings. The planning commission conducts a public hearing for the purpose of providing a recommendation to the town council on the rezoning issue. The planning commission may take any action as outlined in section 16-30 of this chapter. Scheduling of the hearing will depend on other development applications to be heard by the commission.

(5)

Town council hearings. The town council conducts a public hearing to consider the rezoning. Notice of the hearing shall be given as provided in section 16-102. The town council, at the public hearing and after review and discussion of the proposal, shall make one (1) of the following actions:

Approval of the request, without conditions.

Reserved.

Disapproval of the request, indicating for the record the reasons for the recommendation of denial.

With the consent of the applicant, continuing the request until the next available meeting in order to obtain more information to help clarify or support the request before them.

If the town council decides to rezone the property, the town council adopts an ordinance rezoning the property. To this ordinance will be attached the development plan and guide, if planned development zoning is proposed.

(6)

Submittal requirements.

The applicant shall submit the following information to the town. Additional information may be requested after the formal application is received:

A completed development application form and appropriate rezoning fees.

A narrative outlining the proposal.

A copy of the recorded warranty deed and title commitment current within thirty (30) days.

An alphabetical list of all property owners within five hundred (500) feet of the affected property.

Copies of the rezoning map, including a written legal description (folded to 9" x 12") and area to be rezoned and prepared in accordance with this section.

If planned development zoning is proposed, copies of the development plan (folded to 9" x 12") and guide prepared in accordance with this section.

A disclosure letter, explaining whether the applicant is the property owner, or by what authority the applicant is representing the owner, if the applicant is different from the landowner.

Any additional information as may be determined to be necessary by the town.

Rezoning request narrative. The applicant shall submit a narrative which includes the following information:

Applicant's name.

Description of the general proposal.

Present zoning and land use on and surrounding the site.

General development schedule and phasing plan when the project is not constructed at one (1) time.

Statement of consistency with the town master plan.

Description of water and sewer systems proposed to serve the site.

Rezoning map exhibit. A rezoning map is required for land that is not subdivided. The rezoning map for a proposed site shall be prepared in a clear and legible manner. The town may reject and return any formal submittal which, in its opinion, does not display the required information or is done in an unacceptable manner (i.e., poor drafting, etc.). The plan shall be prepared at a scale of one inch equals one hundred feet (1" = 100'), one inch equals two hundred feet (1" = 200') or another scale approved by the town which allows for maximum clarity of the proposal. Each rezoning map shall contain the following information:

All adjacent land owned by the applicant; land not part of the proposed request shall be noted as an exception and/or indicate intended current/future use of the land.

Graphically define all natural and manmade watercourses, retention areas, streams and lakes. Any known one-hundred-year floodplain affecting the property shall also be delineated.

Show topography on the site at twenty-foot contours. Other significant topographical conditions should be shown at more defined contours.

Show public access to the proposed development/site.

Show all existing structures on the site, their uses and whether they are to remain on the site.

Delineate to appropriate scale existing easements on the site, their uses and who holds or owns the right to that easement.

North arrow with written and graphic scale, and indicate the preparation date of the plan.

Vicinity map showing the relationship of the site to the surrounding area within one (1) mile.

Indicate the name, address and telephone number of the property owner, applicant (if different) and the persons who prepared the submittal.

10.

Show all existing and proposed streets, drives and roads on or affecting the site, and the names of existing streets on or adjoining the site.

11.

Note existing land uses on adjoining properties and said property's zoning.

12.

Note existing zoning of the site, the proposed zoning of the site or the portion in the request, average lot size, proposed density and all public/ private sources of utility services/ facilities.

13.

Provide an accurate legal description of the property being shown in the proposal.

14.

Indicate the name of the proposal.

Additional information. Depending upon the size and proposed land uses, the town may require:

A traffic impact study.

A fiscal impact study demonstrating the revenues and expenditures attributable to the proposed development.

Development plan and guide if PD zoning is proposed. (See below.)

Planned development plan (PD Plan) and guide. The planned development plan and guide shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations modified and approved by the town council upon the recommendation of the planning commission. The general requirements of the PD Plan are as follows:

The PD Plan shall be prepared at a suitable scale to clearly show the land uses proposed.

The plan shall illustrate land use areas, floodplains, parks, sites to be dedicated for public facilities, adjacent roadways and their classifications, internal arterial and collector roadways along with dimensioned rights-of-way, existing easements and other information as may be required to fully illustrate the proposal.

On the map will be included a land use schedule listing the various land use categories, acreages and number of units.

The development plan shall include the information noted under "Rezoning Map."

Any planned development shall submit a development guide which establishes the standards, variations and requirements for the development which are divergent from the zoning regulations of the town. Those conditions established by a development guide and approved by the town council shall be recorded and utilized for development and review of the project.

The uses permitted in a planned development shall be those permitted by right or by special review as indicated on the development guide.

Planned developments shall be under single development responsibility in accord with a unified plan for development, even though the property may be under single or multiple ownership. Each owner is responsible for developing his or her portion of the project in accord with the overall plan. The current and/or future owners and their assigns shall be required to develop the proposed project in accordance with the approved development guide.

The development guide may contain sections which propose standards for signs, landscaping or parking. Otherwise, the town zoning ordinance shall establish these regulations.

Approval considerations. The planning commission and town council, in review of rezoning requests, shall consider the following factors:

A need exists for the proposal;

The particular parcel of ground is indeed the correct site for the proposed development;

There has been an error in the original zoning;

There have been significant changes in the area to warrant a zone change;

Adequate circulation exists and traffic movement would not be impeded by development;

Additional municipal service costs will not be incurred which the town is not prepared to meet;

There are minimal environmental impacts or impacts can be mitigated;

The proposal is consistent with the town master plan maps, goals and policies; and

There is adequate waste and sewage disposal, water, schools, parks and recreation and other services to the proportional degree necessary due to the impacts created by the proposed land uses.

In the event the proposed rezoning is denied by the town council, no new rezoning application for the same or substantially the same request, as determined by the town manager, shall be submitted or accepted within one (1) year of the date of such denial. The applicant may appeal the decision of the town manager to the town council within ten (10) working days of such decision.

(c)

Procedure for amendments to Land Development Code. Amendments to this chapter may be proposed by property owners or the town in order to reflect trends in development or regulatory practices; expand, modify or add requirements for development in general or to address specific development issues; to add, modify or expand zoning districts; or to clarify or modify procedures for processing development applications. Such requests shall be processed as follows:

(1)

Submittal of application. The applicant will submit to the town a completed application form along with the appropriate fees. The application shall be accompanied by the full text of the proposed amendment along with a narrative describing the proposed amendment and why an amendment is necessary. The town shall review the application for completeness and clarity.

(2)

The town, at the discretion of the town manager, may send the proposed amendment out for referrals to various agencies that may be affected by the proposal. These agencies will have twenty-five (25) days to respond.

(3)

The town will schedule a public hearing before the planning commission according to the requirements of section 16-102 of this chapter.

(4)

Planning commission hearings. The planning commission conducts a public hearing for the purpose of providing a recommendation to the town council on the amendment. The planning commission may take any action as outlined in section 16-30 of this chapter. Scheduling of the hearing will depend on other development applications to be heard by the commission.

(5)

Town council hearings. The town council conducts a public hearing to consider the amendment. Notice of the hearing shall be given as provided in section 16-102. The town council, at the public hearing and after review and discussion of the proposal, shall take one (1) of the following actions:

Approval of the request, with or without modifications or conditions,

Disapproval of the request, indicating for the record the reasons for the recommendation of denial, or

Continuing the request until the next available meeting in order to obtain more information to help clarify or support the request before it.

If the town council decides to approve the amendment, the town council will adopt an ordinance amending this chapter.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

Sec. 16-69. - Concurrent zoning and annexation.

(a)

Intent. The purpose of this section is to provide a procedure to process annexation and zoning requests so that they may be heard concurrently by the town council.

(b)

Filing of petitions. Petitions for annexation and for annexation elections shall be filed with the town clerk. The town clerk shall refer the petitions to the town council as a communication.

(c)

Review of petitions. Upon receipt of the petitions, the town council, without undue delay, may take any of the following actions:

(1)

Determine that the petitions do not substantially comply with the requirements of Section 31-12-107(1)(a), C.R.S., which will require that no further action be required;

(2)

Determine that the petitions do substantially comply with the requirements of Section 31-12-107(1)(a), C.R.S., which will require that the town council establish by resolution the date, time and place that the town council will hold a public hearing not less than thirty (30) nor more than sixty (60) days after the resolution setting the hearing, unless otherwise required by state law; or

(3)

Table any action on the annexation petition for a period of time not to exceed one hundred eighty (180) days.

(d)

The planning commission shall not review any zoning proposal for real property located outside of the boundaries of the town until the town council has determined that annexation petitions describing the property substantially comply with the requirements of Section 31-12-107(1)(a), C.R.S., or the town council has tabled any action on the annexation petitions for a period of time not to exceed one hundred eighty (180) days.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-70. - Marijuana establishments prohibited.

(a)

The uses of property as a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility or retail marijuana store are all uses prohibited in any zoning district in the town.

(b)

The use of property as a marijuana club is prohibited in any zoning district in the town. For the purposes of this section, the term marijuana club means an organization that allows members and their guests to consume marijuana or marijuana products on the premises in a nonresidentially zoned area.

(Ord. 13-03 §1, 2013)

Hudson City Zoning Code

ARTICLE 4

Zoning Districts

Sec. 16-40.- Establishment of districts.

R-1 Residential one district. (16-43)

R-2 Residential two district. (16-44)

R-T Residential trailer district. (16-45)

B Business district. (16-46)

C-1 Commercial one district. (16-47)

C-2 Commercial two district. (16-48)

A-2 Agriculture two district. (16-54)

A-3 Agriculture three district. (16-62)

H Historical district. (16-51)

P Parks district. (16-52)

O Open space district. (16-61)

PD Planned development district. (16-53)

I-1 Industrial one district. (16-57)

I-2 Industrial two district. (16-59)

I-3 Industrial three district. (16-60)

(Ord. 10-08 §2, 2010; Ord. 14-01 §2, 2014)

Sec. 16-41. - Adoption of official zoning map.

(a)

(b)

(Ord. 10-08 §2, 2010; Ord. 15-03, §1, 2015)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

Sec. 16-42. - Incorporation of plans and development guides.

(Ord. 10-08 §2, 2010)

Sec. 16-43. - Residential one district (R-1).

(a)

Uses by right.

(1)

Single-family dwellings.

(2)

Schools for elementary through high school education.

(3)

Public parks, playgrounds and playfields for daytime use.

(4)

Churches, public libraries, community centers.

(5)

Manufactured housing, in accordance with section 16-143 of this chapter.

(6)

Home occupations, provided that the requirements and conditions of this chapter are met.

(b)

Accessory uses.

(1)

Private garages.

(2)

Storage sheds not to exceed four hundred (400) square feet total floor area.

(3)

The keeping of backyard chicken hens in accordance with section 7-84 of this code.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the town council:

(1)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(2)

(3)

Reserved.

(4)

State-licensed group homes for the exclusive use of developmentally disabled persons.

(5)

Owner-occupied or nonprofit group homes for the exclusive use of not more than eight (8) persons sixty (60) years of age or older per home.

(6)

Outdoor recreational areas and golf courses.

(7)

Temporary housing incidental to construction of a single-family dwelling, reviewed pursuant to section 16-65 of this chapter.

(d)

Lot minimum requirements.

(1)

Minimum lot area - five thousand eight hundred (5,800) square feet.

(2)

Minimum lot width - fifty (50) feet, except on lots fronting the curved portion of cul-de-sacs - thirty (30) feet.

(3)

Minimum lot frontage - fifty (50) feet (minimum front lot line), except on lots fronting the curved portion of cul-de-sacs - thirty (30) feet.

(4)

Minimum front setback - twenty (20) feet (minimum distance of the primary building from the front lot line).

(5)

(6)

Minimum rear setback - ten (10) feet (minimum distance of the primary building from the rear lot line).

(7)

Accessory building setbacks shall be governed by section 16-64.

(8)

Lot coverage by building - not more than sixty percent (60%) of the area of a lot shall be covered by the main building and all accessory buildings.

(e)

Maximum building height. No building shall exceed thirty (30) feet in height. (See definitions.)

(f)

Minimum floor space. All structures used for dwelling purposes shall contain at least seven hundred (700) square feet of finished floor area.

(Ord. 10-08 §2, 2010; Ord. 13-10 §3, 2013)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 20-02, § 1, 6-3-20; Ord. No. 20-05, § 1, 12-2-20)

Sec. 16-44. - Residential two district (R-2).

(a)

Uses by right.

(1)

Any use by right in the R-1 district.

(2)

Multiple-family dwellings.

(3)

Reserved.

(4)

Two-family dwellings.

(b)

Accessory use.

(1)

Any accessory use permitted in the R-1 district.

(2)

Management or rental office for use in multiple-family dwellings.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval. Any use requiring planning commission approval in the R-1 district.

(d)

Lot minimum requirements.

(1)

(2)

Minimum lot width - the minimum width of lot shall be fifty (50) feet or a minimum width of twenty-five (25) feet for each dwelling unit on the lot, whichever is greater.

(3)

Minimum lot frontage - fifty (50) feet (minimum front lot line).

(4)

Minimum front setback - twenty (20) feet (minimum distance of the primary building from front lot line).

(5)

(6)

Minimum rear setback - ten (10) feet (minimum distance of the primary building from rear lot line).

(7)

Accessory building setbacks shall be governed by section 16-64.

(8)

Maximum lot coverage by buildings - not more than sixty percent (60%) of the area of a lot shall be covered by the main building and all accessory buildings.

(e)

Maximum building height - Building height must be specifically applied for and approved by the planning commission if the proposed building is to exceed thirty (30) feet in height.

(f)

Minimum floor space.

(1)

All one- and two-family dwelling units shall contain a minimum of seven hundred (700) square feet of finished floor area per dwelling unit.

(2)

(Ord. 10-08 §2, 2010; Ord. No. 17-02, § 1, 4-19-17)

(Ord. No. 20-02, § 1, 6-3-20; Ord. No. 20-05, § 2, 12-2-20)

Sec. 16-45. - Residential trailer district (R-T).

(a)

Uses by right. Permanent mobile home park.

(b)

Accessory uses.

(1)

Private garages.

(2)

Office for rental of mobile home spaces within the area.

(3)

Recreation building for use of occupants within the area.

(4)

Utility building for use of occupants within the area.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval.

(1)

Schools for elementary through high school education.

(2)

Churches.

(3)

Public libraries.

(4)

Public parks, playgrounds and playfields for daytime use.

(5)

Recreational areas and golf courses.

(6)

Recreational vehicles within mobile home parks, temporary occupancy only as provided in subsection (h) of this section.

(d)

Lot requirements.

(1)

Minimum lot area - two thousand nine hundred (2,900) square feet per mobile home.

(2)

Minimum lot width - thirty-two (32) feet per mobile home.

(3)

Minimum front setback - twenty (20) feet.

(4)

Minimum side setback - twenty (20) feet between mobile homes.

(5)

Minimum rear setback - twenty (20) feet between mobile homes.

(e)

Maximum building height. No building or structure, including signs, shall exceed a height of thirty (30) feet. (See definitions.)

(f)

Mobile home park plan.

(1)

(2)

Mobile home spaces shall be clearly defined and shall consist of a minimum of two thousand nine hundred (2,900) square feet and width of not less than thirty-two (32) feet.

(3)

(4)

Requests for new R-T districts shall be accompanied by a comprehensive sketch plan and shall follow normal rezoning procedures, said sketch plan to consist of the following:

Plot plan of total area to be used as a mobile home park.

Description of land to be developed.

Location of each existing and proposed structure.

Location, area and dimensions of each trailer space and defined use of each space.

Location and dimensions of all roads and/or driveways.

(5)

Location and specifications of all existing and proposed utilities.

Detailed drainage plan.

All plans shall be drawn to a minimum scale of one (1) inch equals one hundred (100) feet.

(g)

Existing parks.

(1)

(2)

(h)

Uses requiring planning commission approval. Residency in recreational vehicles within permanent mobile home parks shall be permitted only upon approval of the planning commission:

(1)

(2)

The recreational vehicle will not have any adverse impact on the health, safety or welfare of the town;

Any recreational vehicle using a mobile home park space shall be required to connect to the mobile home park's water and sewer system.

(3)

(4)

Name and contact information for the owner of the mobile home park.

A narrative description of the proposed recreational vehicle use, including the proposed number of recreational vehicles and dates of occupancy.

A map of the mobile home park, clearly identifying the spaces proposed for temporary occupancy by recreational vehicles.

A fee deposit as adopted by the town by resolution of the town council.

(5)

(6)

(7)

(Ord. 10-08 §2, 2010; Ord. 13-13 §38, 2013)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-46. - Business district (B).

(a)

Uses by right.

(1)

Business and professional offices, medical and dental clinics.

(2)

(3)

Laboratories, except those which involve any hazardous process or materials, or emit noise, dust and/or odor.

(4)

(5)

(6)

Community buildings, recreational buildings, churches, libraries, parks, museums, aquariums and art galleries.

(7)

Retail stores.

(8)

Mortuaries, homes for the aged, nursing homes and hospitals.

(9)

Art, photographic, dance, radio and television studios.

(10)

Parking of automobiles of clients, patients, patrons or customers of the adjacent business and commercial districts.

(11)

Motels, licensed tourist courts and hotels.

(12)

Car washes, automobile and truck repair businesses and/or motor fuel service stations in existence as of the date of adoption of Ordinance No. 89-3 and physically located on the premises.

(12.5)

Small engine, motorcycle, snowmobile and other such small recreational vehicle sales and repair.

(13)

Living quarters for a single-family only of an owner/operator/caretaker of a business in a business building.

(14)

(15)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(b)

Accessory uses.

(1)

(c)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Multiple-family dwellings located on second or higher stories in buildings containing permitted business uses on the ground floor.

(d)

Lot minimum requirements.

(1)

Minimum lot area - no minimum requirement.

(2)

Minimum lot width - twenty-five (25) feet.

(3)

Minimum lot frontage - twenty-five (25) feet minimum (minimum front lot line).

(4)

Front setback - no minimum requirement.

(5)

(6)

Rear setback - the minimum depth of rear yard shall be ten (10) feet from the rear lot line.

(e)

(f)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Retail sales.

(2)

Farmers markets.

(3)

Auctions.

(g)

Uses requiring planning commission approval. The following uses shall be permitted only upon approval of the planning commission:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multi-family dwellings.

(4)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(5)

Automotive repair, minor.

(Ord. 10-08 §2, 2010; Ord. 14-02 §2, 2014)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 24-80, § 2, 12-18-24)

Sec. 16-47. - Commercial one district (C-1).

(a)

Uses by right.

(1)

Any use by right in the B district.

(2)

Building supplies, provided that any outdoor storage is screened from public view.

(3)

Cold storage lockers and meat processing (but not including slaughtering on the premises).

(4)

Mobile home, travel trailer, boat, motorcycle, tractor, trailer, camper and motor vehicle display and sales.

(5)

Car washes, automobile and truck repair businesses and/or motor fuel service stations. (For permitted aboveground storage of flammable liquids, see section 18-17 of this code.)

(6)

Rental agencies, including those for automobiles, campers, trailers and light equipment (but not including heavy equipment).

(7)

Ambulance services.

(8)

Auction houses (no live animals).

(9)

Lapidary shops, taxidermists.

(10)

Veterinary hospital (small animal - enclosed).

(11)

Self-storage.

(12)

(13)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(b)

Accessory uses. Any accessory use permitted in the B district.

(c)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Any temporary use allowed in the B district.

(e)

Uses requiring planning commission approval.

(1)

Any use requiring planning commission approval in the B district.

(2)

(f)

Maximum building height. Building height must be specifically applied for and approved by the planning commission if the proposed building is to exceed thirty (30) feet in height.

(g)

Lot minimum requirements.

(1)

Minimum width of lot - twenty-five (25) feet.

(2)

(3)

(4)

Rear setback - ten (10) feet (minimum depth of rear yard shall be ten [10] feet from the rear lot line).

(5)

The planning commission may grant variances to lot area and yard minimum requirements in certain areas and circumstances.

(Ord. 10-08 §2, 2010; Ord. 14-02 §3, 2014)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-48. - Commercial two district (C-2).

(a)

Uses by right.

(1)

Any use by right in the C-1 district.

(2)

Amusement parks and go-cart tracks.

(3)

Veterinary hospitals, kennels and hospital pens.

(4)

Shops for custom work or for making articles to be sold at retail on the premises.

(5)

Wholesale businesses.

(6)

Cold storage plants and meat processing (but not including slaughtering on the premises).

(7)

Storage in bulk of and/or warehousing of such items as building materials, coal, wood and construction equipment.

(8)

Auction houses.

(9)

Reserved.

(10)

Rental agencies for heavy equipment.

(11)

Lumber yards.

(12)

Reserved.

(13)

(14)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(b)

Accessory uses. Any accessory use permitted in the C-1 district.

(c)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Any temporary use allowed in the C-1 district.

(e)

Uses requiring planning commission approval.

(1)

Any use requiring planning commission approval in the C-1 district.

(2)

Bulk storage of oil and petroleum products. (For permitted aboveground storage of flammable liquids, see section 18-17 of this code.)

(3)

Storage of any quantity of hazardous substances.

(4)

Small scale manufacturing of items primarily for sale on the premises, construction, repairing, processing, fabrication, packaging, warehousing, storage and/or industrial operation or other such related activities of any kind not heretofore listed. Planning commission determination may be appealed to the town council.

(f)

Maximum building height. Building height in excess of thirty (30) feet must be specified on an approved site plan.

(g)

Lot minimum requirements.

(1)

Width of lot - fifty (50) feet.

(2)

(3)

(4)

Rear setback - ten (10) feet (minimum distance of any building from rear lot line).

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-49. - Commercial office district (C-O).

(a)

(b)

Design criteria.

(1)

The entire office development, including building, landscaping and parking shall be designed, used and maintained in such manner as to be compatible with and enhance surrounding development;

(2)

All businesses shall operate completely within enclosed buildings.

(c)

Uses by right.

(1)

Accounting, auditing and bookkeeping services.

(2)

Advertising agencies.

(3)

Barber shops.

(4)

Beauty shops.

(5)

Computer maintenance and repair.

(6)

Home health care services.

(7)

Insurance agents, brokers and services.

(8)

Legal services.

(9)

Offices and clinics of dentists.

(10)

Offices and clinics of doctors of medicine.

(11)

Photographic studios.

(12)

(13)

Real estate agents and managers.

(14)

Security brokers and dealers.

(15)

Tax return preparation services.

(16)

Title abstract offices.

(17)

(d)

Accessory uses. None permitted.

(e)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(f)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(g)

Maximum building height - thirty (30) feet in height.

(h)

Lot minimum requirements.

(1)

Minimum area of lot — twelve thousand five hundred (12,500) square feet.

(2)

Minimum width of lot — fifty (50) feet.

(3)

Front setback — twenty-five (25) feet.

(3)

Side setback — shall be ten (10) feet, or fifteen (15) feet if abutting a residential district.

(4)

Rear setback — fifteen (15) feet.

(i)

Parking.

(1)

See section 16-142 of this chapter.

(Ord. No. 16-07, § 1, 9-21-16)

Sec. 16-50. - Agriculture one district (A-1).

(a)

Uses by right.

(1)

Single-family dwellings.

(2)

General farming, including grains, fruit, vegetables, grasses, hay, stock raising and the keeping and boarding of horses.

(3)

Poultry hatcheries and farms, fish hatcheries, beekeeping operations and dairy farms.

(4)

Greenhouses and nurseries, including both wholesale and retail, provided that products sold are raised on the premises.

(5)

Forestry farming, including raising of trees for any purpose.

(6)

(7)

(8)

(9)

Riding academies.

(10)

(11)

Manufactured housing.

(12)

Home occupations, provided that the requirements and conditions of this chapter are met.

(b)

Accessory uses.

(1)

Barns, sheds and shelters necessary to the operation of principal uses.

(2)

Living quarters for hired personnel.

(3)

Water wells, pump houses or tanks.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the board of trustees.

(1)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(2)

(3)

Reserved.

(4)

Petroleum products, wells and stations.

(d)

Minimum lot area and setback requirements.

(1)

Minimum lot area - eleven (11) acres.

(2)

Setback requirements - buildings and/or corrals shall be set back fifty (50) feet from all property lines.

(e)

Maximum building height. No building shall exceed thirty (30) feet in height. (See definitions.)

(f)

Minimum floor space. All structures used for permanent dwelling purposes shall contain a minimum square footage of finished floor area per dwelling unit.

(g)

Water and sewer.

(1)

Private wells will be allowed where town water is not available in this district.

(2)

Private septic systems will be allowed where public sewage collection and treatment is not available in this district.

(3)

Private water and sewage treatment systems shall meet all county and state health requirements and all other applicable laws governing their construction and use.

(Ord. 10-08 §2, 2010)

Sec. 16-51. - Historical overlay district (H).

(a)

(aa)

Areas for all residential and business uses which can be developed to be compatible with established historical areas.

(b)

(1)

(2)

(3)

(4)

Areas zoned as H district shall be shown on the town zoning map.

(5)

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

(d)

Lot minimum requirement.

(1)

Width of lot - no minimum.

(2)

Front setback - no minimum.

(3)

Side setback - no minimum.

(4)

Rear setback - ten (10) feet.

(5)

In cases where this district overlays other zoning districts, the more restrictive lot area and yard minimum requirements shall apply.

(e)

In addition to the provisions contained in section 16-112 of this chapter, signs must be in conformity with the historic nature of the zone and must be approved by the planning commission.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-52. - Parks district (P).

(a)

Uses by right.

(1)

An open area for public use and benefit, including play and picnic areas, tables, shelters and other incidental park uses.

(2)

Public utility mains, underground lines and facilities.

(b)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Public recreation centers or other public buildings intended to provide for recreation services.

(c)

Building height and setback.

(1)

No building shall exceed fifteen (15) feet in height; or up to thirty (30) feet with approval of the board of adjustment.

(2)

All buildings shall be at least twenty-five (25) feet from any exterior lot line.

(Ord. 10-08 §2, 2010)

Sec. 16-53. - Planned development district (PD).

(a)

Authority. This section is adopted pursuant to the Planned Unit Development Act of 1972, Article 67 of Chapter 24, C.R.S.

(b)

Definitions.

(c)

Objectives. The town's objectives in providing for planned development are as follows:

(1)

To provide for necessary commercial, recreational and educational facilities conveniently located to housing of all types and design.

(2)

To provide for well-located, clean, safe and pleasant industrial sites involving a minimum of congestion on the streets and highways.

(3)

(4)

(5)

(6)

To lessen the burden of traffic on streets and highways.

(7)

(8)

To ensure that planned developments are properly connected to and integrated with the rest of the Hudson community.

(9)

To encourage integrated planning in order to achieve the above purposes.

(d)

(e)

Sketch plan.

(1)

The applicant shall submit a sketch plan to the town manager for review and consideration. The sketch plan shall delineate the following:

The existing topographic character of the site.

Proposed land use or uses, differentiating areas to be developed from areas to remain natural or open.

The location of all existing buildings, structures and improvements.

The location of all proposed buildings, structures and improvements.

The internal traffic and circulation system and points of access to public rights-of-way.

A concept drainage scheme.

The location of existing water and sewer utilities, or the location of the last point of said facilities if they do not exist on the site.

A statement that sufficient water and sewer capacity exists for the site.

(2)

(3)

(4)

(f)

(g)

(h)

(i)

Required additional information to be filed with PD district application. The following additional information shall be filed with a preliminary PD Plan application:

(1)

A written statement and exhibits containing as a minimum the following information:

A statement of the present ownership and a legal description of all land included in the planned development.

An explanation of the objectives to be achieved by the planned development.

A development schedule indicating the approximate date when construction of the planned development, or stages of the planned development, can be expected to begin and be completed.

A list of property owners of record and their addresses within five hundred (500) feet of the proposed planned development.

(2)

A written statement and exhibits describing the uses and activities to be permitted within each area or areas, including the following:

The types and locations of dwelling units, if any.

The approximate acreage or square footage of each use, including any nonresidential uses, parking, roadways, recreational areas and facilities, etc.

The area occupied by buildings.

Improved off-street parking requirements; e.g., spaces per unit or square feet along with a parking plan.

Any other applicable restrictions such as building setbacks, height limits, access, grades or widths of roads, etc.

(3)

The overall density proposed for the land as well as the maximum density to occur in each area.

(4)

(5)

A description of snow removal methods or techniques to be utilized.

(6)

A description of the proposed method of providing permanent maintenance of all nonprivate buildings, facilities and areas, and private streets, if any.

(7)

A written statement which shall describe and provide evidence of:

A water source with adequate and dependable capacity to service the proposed development.

The proposed method or methods of sewage treatment and the location of planned outfall line if the town sanitation district sewer system is not to be used.

The soil, geological and groundwater conditions of the site.

Traffic capacity of existing and proposed streets and whether these are sufficient to accommodate the planned development.

(8)

The maximum height of buildings shall be determined by review of each planned development.

(9)

Reserved.

(10)

The manner in which storm drainage shall be handled.

(11)

The limits of the one-hundred-year floodplain for the area.

(12)

Adequate fire and emergency equipment access.

(13)

Other materials as may be required by the town manager.

(j)

Common parks and open space.

(1)

Single-family residential and attached, including duplex	25%
Multi-family (triplex and greater condominiums, townhomes, apartments)	35%
Retail commercial	20%
General office - campus office complexes	25%
Light manufacturing —campus office complexes	25%

(2)

(3)

(4)

(k)

Enforcement and modification of provisions of the plan.

(1)

(2)

(3)

All those provisions of the plan authorized to be enforced by the town may be modified, removed or released by the town, subject to the following:

(l)

Final PD Plan (FDP) requirements.

(1)

Final development plans shall be drawn and submitted to the town in a form matching the requirements for final plats, including number of copies and drafting medium.

(2)

Final development plans, upon approval, shall be signed by the owner(s) and by the town, and shall be recorded promptly in the records of the county clerk and recorder.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

Sec. 16-54. - Agriculture two district (A-2).

(a)

Intent. The A-2 district shall be as follows:

(1)

The A-2 district is comprised of large lots suitable for a mixture of animal units that allow for smaller cottage and hobby farming activities.

(b)

Definitions. As used in this section, the following definitions apply.

Animal unit. A term used to establish an equivalency for various species of livestock. The number of livestock allowed by right is dependent upon bulk requirements of the A-2 district.

Poultry. As used in this section, poultry is limited to chickens, ducks, pigeons and turkeys.

(c)

Uses by right.

(1)

Single-family dwellings.

(2)

General farming, including grains, fruit, vegetables, grasses, hay and the keeping and boarding of livestock, with a limit of one (1) animal unit equivalent per acre as set forth in the table below.

	Animal Unit Equivalents	Maximum Number per Acre
Cattle	1	2 first acre; then 1 each acre thereafter
Horse	1	2 first acre; then 1 each acre thereafter
Swine	1	2 first acre; then 1 each acre thereafter
Llama	1	2 first acre; then 1 each acre thereafter
Sheep	1	2 first acre; then 1 each acre thereafter
Goat	1	2 first acre; then 1 each acre thereafter
Poultry	0.1	10
Rabbit	0.1	10

(3)

Public parks.

(4)

Riding academies.

(5)

Home occupations, provided that the requirements and conditions of this chapter are met.

(d)

Accessory uses.

(1)

Barns, sheds and shelters necessary to the operation of principal uses.

(2)

Water wells, pump houses or tanks.

(e)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(f)

Uses requiring planning commission approval. The following uses shall be permitted only upon the approval of the planning commission, subject to appeal to the town council.

(1)

Governmental buildings, fire stations, but not including warehouses, storage or repair.

(2)

(3)

Reserved.

(4)

Manufactured housing.

(g)

Minimum lot requirements.

(1)

Minimum lot area—Forty thousand (40,000) square feet.

(2)

Setback requirements—Buildings and/or corrals shall be set back twenty-five (25) feet from all property lines.

(h)

Maximum building height. No building shall exceed thirty (30) feet in height (see definitions).

(i)

Minimum floor space. Structures used for permanent dwelling purposes shall contain a minimum square footage of seven hundred (700) square feet of finished floor area per dwelling unit.

(j)

(k)

Variances. Any variance in subsections (g), (h) and (i) above shall be considered by the board of adjustment.

(Ord. 10-08 §2, 2010; Ord. 13-10 §5, 2013)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 17-02, § 2, 4-19-17; Ord. No. 24-15, § 1, 3-20-24)

Sec. 16-55. - Industrial districts generally.

(a)

(b)

(c)

Vibration.

(1)

(2)

Zoning	Steady-State Vibration	Pact Vibration
Residential	0.02	0.04
Commercial	0.05	0.10
Light industrial	0.10	0.20
Industrial	0.15	0.30

(3)

(d)

Noise. All noise shall be attenuated so as not to be objectionable due to intermittence, beat frequency or shrillness.

(e)

(f)

(g)

(h)

Fire and explosion.

(1)

(2)

(3)

There shall be no refueling of motorized vehicles from tank vehicles except as authorized by the Fire Code as adopted by the town.

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(1)

When required. Buffering shall be installed and/or implemented on industrially zoned properties adjacent to residentially zoned properties when:

Any development, improvement, construction or use is undertaken on a vacant or unused property;

Any other development requiring submittal of a site plan.

(2)

Buffering preparation and maintenance.

Prior to the installation of the required buffering, all proposed buffer areas shall be properly graded to allow for proper site drainage.

All replaced plant or fence material shall be of the same or equal type and size as the original material that was installed according to the approved site plan.

All replacement installations shall be completed no later than the next succeeding planting season.

(q)

Kennels or catteries. Kennels or catteries must meet all standards of the State of Colorado.

(Ord. 10-08 §2, 2010)

Sec. 16-57. - Industrial one district (I-1).

(a)

Intent. The I-1 district is comprised of areas which are primarily developed for nonoffensive types of industrial activity.

(b)

Uses by right. The following uses are allowed by right in the I-1 district:

(1)

General offices.

(2)

Medical and dental offices.

(3)

Warehousing and wholesaling establishments, excluding explosives.

(3.5)

Self-storage.

(4)

The manufacture, assembly and/or production of components and parts for:

Electronics.

Instruments.

Optics.

Watches.

(5)

The assembly of components and parts for computers.

(6)

Machinery sales, excluding truck trailers and heavy equipment.

(7)

Testing laboratories, except as limited by exclusions.

(8)

Schools for industrial or business training.

(9)

Automobile sales and service.

(10)

Greenhouses.

(11)

The repair, rental and service of any commodity, except heavy equipment, trucks or trailers.

(12)

Flea markets, indoor and outdoor.

(13)

Transportation terminals for freight or passengers (need not be enclosed).

(13.5)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(13.6)

Governmental buildings, including fire stations.

(14)

Sexually oriented businesses.

Sexually oriented businesses shall be located a minimum of three hundred (300) feet from any:

Area zoned for residential use;

Single-family, two-family or multi-family dwelling;

Church;

Licensed day care facility;

School or educational facility, serving persons age eighteen (18) or younger.

Sexually oriented businesses shall also be located a minimum of one hundred (100) feet from any other sexually oriented business.

(15)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(16)

Machinery sales, including truck trailers and heavy equipment.

(17)

The repair, rental and service of any commodity, including heavy equipment, trucks or trailers.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Outdoor storage, subject to the provisions of subsection 16-57(f) of this chapter.

(4)

Extrusion of plastics.

(5)

Airstrips when they are accessory to the use allowed by right.

(6)

Structures in excess of fifty (50) feet in height.

(c)

(1)

Animal by-products.

(2)

Cement.

(3)

Charcoal.

(4)

Coal and coke.

(5)

Concrete.

(6)

Explosives.

(7)

Fertilizer (chemical or organic).

(8)

Fiberglass.

(9)

Fungicides.

(10)

Glue and sizing.

(11)

Gypsum.

(12)

Herbicides.

(13)

Insecticides.

(14)

Junkyards, scrap yards, salvage yards.

(15)

Extraction or smelting of metals.

(16)

Milling or smelting of ores.

(17)

Outdoor storage, unless specifically permitted as a conditional use under the provisions of subsection (f) below.

(18)

Paints and like products.

(19)

Paper pulp and cellulose.

(20)

Petroleum and petroleum products.

(21)

Plastics other than extrusion.

(22)

Preserving by crusading and other pressure impregnation of wood.

(23)

Rubber, including reclaiming, or tire recapping.

(24)

Sawmill or planing mill.

(25)

Slaughterhouse, packinghouse.

(26)

Stockyards and feedlots.

(27)

Sugars and starches.

(28)

Tannery.

(29)

Truck repair, where the repair is a primary use of the property in such zone district or building located on such property.

(30)

Turpentine.

(31)

(32)

Aboveground storage of flammable or combustible liquids or gases as provided in section 18-17 of this code.

(33)

Transportation terminals where the vehicles are used to carry flammable, explosive, hazardous or highly toxic materials.

(34)

The parking and/or storage of any toxic or hazardous materials as defined by the currently adopted Fire Code.

(35)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Reserved.

(2)

Reserved.

(3)

Mobile office structure.

(4)

Auctions.

(5)

Bazaars.

(e)

Reserved.

(f)

Outdoor storage. Outdoor storage shall be permitted as a Use by Special Review, subject to the following standards:

(1)

(2)

The characteristics of the site are suitable for outdoor storage as a Use by Special Review considering the size, shape, location, topography, existence of improvements and natural features.

No outdoor storage shall occur on a lot that does not contain a building, unless said outdoor storage is used by an adjacent property owner for outdoor storage for his or her business.

The area of outdoor storage shall be limited based upon the characteristics of the site. Those relevant limiting characteristics include, but are not limited to, the following:

Size of buildings;

Type of material being stored;

Vehicle circulation patterns;

Loading docks; and

Emergency vehicle access.

Outdoor storage shall not be visible to a pedestrian at ground level looking at the storage area from a public right-of-way.

Minimum screening standards. All permits for outdoor storage as a Use by Special Review in the I-1 district shall require screening which shall meet the following minimum standards:

Additional standards. In addition to the screening standards, all permits for outdoor storage in the I-1 district shall include the following requirements:

No materials shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

All fences required to be erected in order to meet the standards contained in this section shall require a building permit from the town.

(g)

Accessory uses. The following buildings, structures and uses may be allowed in the I-1 district so long as they are incidental and accessory to the uses allowed by right.

(1)

Offices for use by operators of the uses allowed by right.

(2)

Loading areas or structures only when screened from the adjacent public rights-of-way or adjacent properties.

(3)

(4)

One (1) single-family dwelling unit or one (1) mobile home when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, if:

The mobile home or accessory dwelling unit is necessary for the effective and economic operation of the business, commercial or industrial activity.

The mobile home or accessory dwelling unit will not be used for residential purposes other than for the purpose of the protection or control of the principal use.

Adequate water and sewage disposal facilities are available to the mobile home or accessory dwelling unit.

(5)

Recreational facilities for the use of persons employed in the conduct or maintenance of the uses allowed on the property.

(6)

Retail sales, when accessory to uses of manufacturing, fabricating or assembling.

(h)

Reserved.

(i)

(j)

(k)

Lot requirements: Minimum frontage, fifty (50) feet.

(l)

Floor area: No minimum.

(m)

Building height, maximum: Fifty (50) feet.

(n)

Building location.

(1)

Front setback minimum: Thirty (30) feet.

(2)

Side setback, minimum:

Twenty-five (25) feet on one (1) side.

None on the other side, subject to approval by the fire marshal and chief building official.

Side setbacks shall be so applied and interpreted to maintain minimum structure separations across side property lines of twenty-five (25) feet.

A twenty-five-foot side setback from streets or other public rights-of-way.

(3)

Rear setback: No minimum.

(o)

Open space. Shall be ten percent (10%) of gross lot area.

(p)

Parking. Off-street parking requirements shall be as indicated in section 16-142 of this chapter unless otherwise shown on an approved site plan.

(Ord. 10-08 §2, 2010; Ord. 11-06 §1—3, 2011)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-59. - Industrial two district (I-2).

(a)

Intent. The I-2 district shall be as follows:

(1)

The I-2 district is comprised of areas primarily developed for light manufacturing and production.

(2)

(b)

Uses by right. Uses by right shall be as follows:

(1)

All uses by right in the I-1 district.

(2)

Lumber and building supply yards.

(3)

Contractor shops and storage (except junk).

(4)

Firewood; commercial storage and sales.

(5)

Outside storage for heavy equipment sales and repair (except junk).

(6)

Truck trailer sales, repair and maintenance.

(7)

Shipping, storage or handling of fiberglass or plastics.

(8)

(9)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(10)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(c)

(1)

Fiberglass.

Fiberglass spray-up operations.

Contact molding of fiberglass to the extent more than twenty (20) gallons of liquid polymer are used on the property each day.

(2)

Insulation materials.

(d)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Same as I-1 district.

(e)

(1)

Abrasives.

(2)

Lightweight aggregate blocks.

(3)

Concrete products (excluding central mixing plant).

(4)

Glass.

(5)

Serum and like products.

(6)

Plastics and fiberglass, to the extent not excluded by subsection (c) above.

(7)

Buildings over fifty (50) feet in height.

(8)

Dwellings, provided that such dwellings are in conjunction with and supplementary to the principal use, such as caretaker's home, night watchman's home or key maintenance employee's home.

(9)

Extrusion of plastics.

(10)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(f)

Accessory uses: None.

(g)

Lot requirements: Minimum frontage, fifty (50) feet.

(h)

Floor area: None.

(i)

Building height, maximum: Fifty (50) feet.

(j)

Building location. Building location shall be regulated as follows:

(1)

Front setback, minimum: Fifty (50) feet.

(2)

Side setback, minimum: Twenty-five (25) feet.

(3)

Rear setback: Twenty-five (25) feet.

(k)

Open space. Open space shall be ten percent (10%) of gross lot area.

(l)

Parking. Off-street parking requirements shall be as indicated in section 16-142 of this chapter unless otherwise shown on an approved site plan.

(m)

Site plan required. No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the I-2 district until a site plan has been approved by the town.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-60. - Industrial three district (I-3).

(a)

(b)

(1)

Machinery sales, truck, truck trailer, heavy equipment sales, repair and maintenance.

(2)

Automobile sales and service.

(3)

Dry cleaning plants.

(4)

Flour mills.

(5)

Glass or glass products manufacture.

(6)

Grain elevators.

(7)

Insulation material storage and sales.

(8)

Metal sheets or bearings processing.

(9)

Forging or rolling mills.

(10)

Noncommercial radio and TV towers up to ninety (90) feet in height.

(11)

Public utility storage yards and service installments.

(12)

Adult entertainment uses, subject to the provisions of this chapter.

(13)

The basic production, manufacturing, processing, storage, shipping or handling of any of the following:

Pipe;

Paint;

Insulation;

Fiberglass;

Plastics;

Serums and like products;

Cement or cinder block.

(14)

Building-mounted or pole-mounted CMRS facility, with administrative approval.

(15)

Uses determined by the planning commission to be similar in nature and impact as any of the listed uses by right.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Freestanding microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Foundries;

(4)

Power plants;

(5)

Railroad yards, together with buildings, structures and facilities related thereto;

(6)

Refineries and aboveground petroleum storage;

(7)

Animal packing or slaughter;

(8)

Boiler or tank works;

(9)

Cement, cinder block, concrete, lime or plaster manufacture;

(10)

Concrete mixing plants;

(11)

Creosote manufacture or plants;

(12)

Fat rendering production of edible fats and oils from animal or vegetable products;

(13)

Noncommercial radio and TV towers over ninety (90) feet in height;

(14)

Feedlots, fur farming or other commercial production of animals or poultry;

(15)

Fertilizer manufacture or processing or sale thereof;

(16)

Forging plants and foundries;

(17)

Gas or liquefied petroleum gases in approved container for storage above ground;

(18)

Livestock and sale rings or rodeos;

(19)

Meat processing, packing and slaughter;

(20)

Metal ingots or casting;

(21)

Stockyards;

(22)

Explosive manufacture or storage;

(23)

Junkyards, scrap yards, salvage yards;

(24)

Sand and gravel operations;

(25)

Landfill operations;

(26)

(27)

(28)

Transportation terminals where the vehicles are used to carry flammable, explosive, hazardous or highly toxic materials;

(29)

The parking and storage of toxic or hazardous materials as defined by the Fire Code as adopted and in effect in the town;

(30)

The basic production, manufacture, shipping, handling or storage of any of the following:

Animal by-products.

Charcoal.

Fungicides.

Glue and sizing.

Gypsum.

Herbicides.

Insecticides.

Metal extraction or smelting.

Milling or smelting of ores.

Paper pulp and cellulose.

Petroleum and petroleum products.

Rubber, including reclaiming and recapping.

Sugars and starches.

Tannery.

Turpentine.

(31)

All other uses not otherwise authorized by this chapter in any zone district in the town.

(d)

Exclusions. Exclusions shall be as may be determined by the town council based upon examination of Use by Special Review criteria.

(e)

Temporary uses. Temporary uses shall be allowed as follows, subject to the provisions of section 16-65.5 of this chapter:

(1)

Any temporary use allowed in commercial districts.

(2)

Any temporary use allowed in the agricultural district subject to the same requirements.

(3)

Mobile office structures.

(4)

Auctions.

(5)

Bazaars.

(f)

Reserved.

(g)

Reserved.

(h)

Accessory uses: None.

(i)

Lot requirements: None.

(j)

Floor area: None.

(k)

Building height, maximum: Fifty (50) feet.

(l)

Building location. Building location shall be regulated as follows:

(1)

Front setback, minimum: Fifty (50) feet.

(2)

Side setback, minimum: Twenty-five (25) feet.

(3)

Rear setback, minimum: Twenty-five (25) feet.

(m)

Open space. Open space shall be a minimum of five percent (5%) of the gross lot area.

(n)

Reserved.

(o)

Site plan required. No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the I-3 district until a site plan has been approved by the town.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

Sec. 16-61. - Open space district (O).

(a)

Intent. This O district is intended to provide for and preserve open areas within the town.

(b)

Uses by right. The uses by right in the O district shall be as follows:

(1)

Parks.

(bb)

(1)

Oil and gas production facilities, reviewed pursuant to article 11 of this chapter.

(2)

Microwave, radio, television or other CMRS facility, reviewed pursuant to article 10 of this chapter.

(3)

Country club.

(4)

Golf course.

(5)

Swimming facility.

(6)

School.

(c)

Height regulations.

(1)

Maximum building height shall be thirty (30) feet.

(2)

Accessory buildings shall not exceed eighteen (18) feet in height.

(Ord. 10-08 §2, 2010)

Sec. 16-62. - Agriculture three district (A-3).

(a)

Intent. The A-3 district shall be as follows:

(1)

The A-3 district is comprised of larger lots suitable for a mixture and higher density of animal units and commercial farming activities.

(b)

Definitions. As used in this section, the following definitions apply.

Poultry. As used in this section, poultry is limited to chickens, ducks, pigeons and turkeys.

(c)

Uses by right. Uses by right in the A-3 district shall be as follows:

(1)

All uses by right in the A-2 district, including the keeping and boarding of livestock with a limit of one (1) animal unit equivalent per acre, as set forth in the table below.

	Animal Unit Equivalents	Maximum Number per Acre
Cattle	1	2 first acre; then 1 each acre thereafter
Horse	1	2 first acre; then 1 each acre thereafter
Swine	1	2 first acre; then 1 each acre thereafter
Llama	1	2 first acre; then 1 each acre thereafter
Sheep	1	2 first acre; then 1 each acre thereafter
Goat	1	2 first acre; then 1 each acre thereafter
Poultry	0.1	10
Rabbit	0.1	10