(a)

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:

TABLE 16-5.1: SUMMARY TABLE OF ZONING DISTRICTS

(b)

Dimensional standards.

(1)

Table 16-5.2 provides a summary of the district-specific dimensional standards.

(c)

Use regulations.

(1)

Permitted land uses and additional use-specific standards are indicated in section 16-61, Permitted, uses and section 16-62, Use regulations.

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

(a)

Official zoning map.

(1)

The location and boundaries of the zoning districts and overlay zoning districts established by this code are shown on the official zoning map and incorporated into this land development code.

(2)

The official zoning map shall be maintained by the planning department and shall be available to the public, either at the town offices, or on the town website, or both.

(3)

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 town 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.

(b)

Functional classification of roads.

(1)

Functional classification of roads is established by the town comprehensive plan, which is maintained by the planning director and shall be available to the public, either at the Town of Hudson offices, or on the town website, or both.

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

(a)

Residential one district (R-1). The residential one district is intended to accommodate low-density residential neighborhoods with a range of lot sizes and a limited number of related civic uses while ensuring compatibility with surrounding patterns of development. It is important to preserve the neighborhood character and scale.

(b)

Residential two district (R-2). The residential two district is intended to provide a flexible mix of compact detached, attached, and multifamily housing as well as civic and community uses. This zone intends to provide medium-density multifamily neighborhoods near a variety of urban services and commercial uses. Cottage courts, duplexes, and multifamily units are permitted uses. Recreational uses, public services, and quasi-public services such as day care are also permitted as governed by Table 16-5.3: Permitted Use Table; provided, that traffic and other related impacts are not detrimental to the district. The following objectives apply to this zone:

(1)

Provide opportunities for a variety of multifamily dwellings in reasonably close proximity to commercial and retail services;

(2)

Require landscape buffers which separate the arterial roadway from dwelling units;

(3)

Locate housing in close proximity to a range of urban services, to facilitate transportation alternatives and encourage pedestrian access;

(4)

Encourage the reuse and remodeling, rather than demolition, of historic buildings; and

(5)

Require that traffic generated from multifamily uses will not pass through single-family neighborhoods.

(c)

Mobile home park district (MHP). The mobile home park zoning district is intended to accommodate mobile home parks with shared amenities in order to encourage alternative housing opportunities.

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

(a)

Mixed-use residential district (MUR). The mixed-use residential zoning district intends to provide a residential zone that also permits compatible nonresidential uses. The following objectives apply to this zone:

(1)

Provide a transition area where residential and limited scale commercial, office, and retail uses with limited impacts can coexist;

(2)

Achieve compatibility of uses through design development standards;

(3)

Provide opportunities for a range of housing, including senior housing, that is compatible with the existing, established neighborhood;

(4)

Locate housing in close proximity to a range of urban services, to facilitate transportation alternatives and encourage pedestrian access;

(5)

Encourage the reuse and remodeling, rather than demolition, of existing historic buildings; and

(6)

Allow a variety of residential dwellings in direct proximity to office, retail, and service uses for resident convenience and employment opportunity.

(b)

Mixed-use district (MU). The mixed-use zoning district intends to create medium-density, low-intensity retail use areas. Permitted uses include professional offices, personal services, restaurants, and general retail services. Multifamily residential is permitted in this district to promote proximity of jobs to housing and to provide the opportunity for mixed-use development. The following objectives apply to this zone:

(1)

Establish and preserve areas for retail development to meet the shopping and service needs of the [town]'s local service area, as well as provide areas for retail uses and services that are a destination for the regional service area;

(2)

Provide for the clustering of retail, financial, professional office, service businesses and entertainment activities to serve the [town]'s service area and extend to the regional service area;

(3)

Emphasize improvement and enhancement of existing retail centers;

(4)

Require that development and redevelopment of retail commercial uses be of compatible scale and design as defined by the design checklist;

(5)

Provide usable open space and design amenities for employees and users of the district; and

(6)

Provide opportunities for multifamily housing.

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

(a)

Business district (B). The business zoning district intends to combine business, multifamily residential, cultural, and civic activities into a cohesive downtown core which promotes pedestrian usage. Permitted uses are retail and office activities which enhance and encourage pedestrian access and encourage compatibility in historic design and scale. The following objectives apply to this zone:

(1)

Establish and protect retail and office uses which are readily accessible to pedestrians;

(2)

Provide pedestrian-oriented storefronts and pedestrian parks using design standards;

(3)

Link commercial core to adjacent public facilities with pedestrian access;

(4)

Emphasize improvement and enhancement of the existing downtown within the front street area;

(5)

Provide for the reuse and remodeling, rather than demolition, of historic buildings, as a method of preserving the downtown's historic character;

(6)

Require development and redevelopment of commercial uses to be similar in scale and design to the existing development in the downtown area;

(7)

Provide for the establishment of multi-use, nonmotorized transportation corridors through design standards;

(8)

Provide usable open space and design amenities for employees and users;

(9)

Provide incentives to develop multifamily use as an accessory use to ground level retail commercial or office use;

(10)

Provide reduced or flexible parking requirements in the business district to encourage new development and redevelopment; and

(11)

Preserve scenic views of mountains through development standards.

(b)

Commercial one district (C-1). The C-1 zoning district is intended to provide commercial and retail opportunities that serve and support the community's live, work, play vision. Permitted uses include bakeries, medical/dental offices, community centers, and retail opportunities.

(c)

Commercial two district (C-2). The C-2 zoning district is intended to accommodate general commercial uses and activities. Incubator spaces for innovative uses and spaces that foster startups and other small businesses should also be provided. The primary purpose of this district is to provide areas for intensive commercial services which may have negative impacts. The following objectives apply to this zone.

(1)

Establish and preserve areas for general commercial uses;

(2)

Direct associated vehicle traffic onto designated arterial routes and not onto streets and roadways that pass through residential districts and the business district; and

(3)

Minimize the conflict between uses in the C-2 district and surrounding uses.

(d)

Commercial office district (C-O). The C-O zoning district is intended to provide for administrative and professional services and limited personal services. C-O properties should be designed to be compatible with surrounding land uses and should include the integration of pedestrian access and site design features respectful of less intense land uses nearby. Land within this classification is generally located adjacent to residential areas on major traffic arterial roadways.

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

(a)

Industrial one district (I-1). The I-1 zoning district is comprised of areas which are primarily developed for nonoffensive types of industrial activity. This district allows a combination of light industrial uses, commercial uses, and a limited number of community uses. This district might include a commercial bakery, a small-scale auto repair shop, and perhaps a community center. This district acts as a kind of border or transition between commercial zones and industrial zones.

(b)

Industrial two district (I-2). The I-2 district is comprised of areas primarily developed for light manufacturing and production. This district is intended to be a transition point between light manufacturing in I-1 and heavier manufacturing in I-3. I-2 has many of the same uses as I-1 d but without the community facilities, and with fewer options for commercial and retail stores. Except in special circumstances, no residences are permitted in either I-2. As long as the I-2 district doesn't border a residential one, it can have more smoke and noise than I-1.

(c)

Industrial three district (I-3). The I-3 district generates the most noise, pollution, and other noxious uses out of all three (3) types of industrial districts. Potential uses include recycling facilities and cement production. The I-3 district has the highest allowed amounts of noise and pollution as compared to I-1 and I-2 districts, unless they border residence districts.

(d)

Agriculture one district (A-1). The A-1 zoning district is intended to protect and conserve the Town of Hudson's natural resource areas, including agricultural resource areas, water and mineral resource areas, and wildlife habitat. This district is intended to preserve rural character and prevent uncontrolled and unmitigated residential, commercial, and industrial use.

(e)

Agriculture two district (A-2). The A-2 district is comprised of larger lots suitable for a mixture of animal units. The intent of this district is to preserve and protect rural areas, encourage agricultural activities, maintain the character of the land, prevent incompatible land uses that could compromise the rural character and hinder agricultural operations.

(f)

Agriculture three district (A-3). The A-3 district is identical to A-2 and no new A-3 zones are intended to be created.

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

(a)

Open space district (O). The intent of the O district is to protect and preserve ecosystems and habitats. This zone also intends to encourage implementation of an environmental education program and low-impact public uses including, but not limited to, certain recreation uses, while recognizing the utility station and corridors. The following objectives apply to this zone:

(1)

Provide and preserve local, community and regional open space and environmentally critical areas, parks and the [town]'s trailheads, and related recreation areas;

(2)

Maintain, enhance, and restore ecological systems, water quality, and aquifer recharge areas;

(3)

Maintain or provide habitat for threatened, endangered, and sensitive species;

(4)

Maintain scenic landscapes;

(5)

Protect cultural and historic resources;

(6)

Enhance opportunities for outdoor environmental education and low-impact public use; and

(7)

Ensure utility corridors and electric utility facility development that is consistent with the utilities element of the town's comprehensive plan.

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

The town's objectives in providing for a planned unit development are as follows:

(a)

To achieve controlled growth while supporting the town's economic development goals and preserving the town as a distinct place and small town.

(b)

To effectively serve areas that are annexed with facilities, both from a cost and infrastructure perspective.

(c)

Encourage higher density workforce housing in and around the downtown and at highway interchanges.

(d)

Provide land development that implements controlled growth, such as cluster development.

(e)

Conform to the future land use plan.

(f)

Make the town an active and attractive place to visit, live and work.

(g)

Support and promote the natural, historic and cultural features of the Hudson region as part of our economy and quality of life.

(h)

Encourage land uses that would support multifamily, mixed use and higher density housing suitable for families and the work force where employment centers can provide work opportunities closer to home.

(i)

Develop and maintain a safe, efficient multi-modal system that incorporates streets, trails, open spaces and other public spaces to achieve connectivity to destinations inside and outside of our community, promote commerce, and provide healthy transportation options to the public.

(j)

Provide high quality parks, recreation facilities and recreation programs as well as safe outdoor spaces for our visitors and residents.

(k)

Provide for the town's immediate and long-term water and sewer needs by protecting our groundwater resources, reliable levels of water service for domestic use and fire protection, ensure town utilities are maintained and improved to quality standards.

(l)

Maintain and enhance the natural systems and features of the town and surrounding area from the potentially negative impact of human activities, including but not limited to, land development.

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

(a)

Commercial corridor (EC-O).

(1)

Purpose.

(i)

The commercial corridor overlay is an employment-focused corridor and mixed use overlay intended to provide for nonresidential uses, such as business parks and office complexes and selected commercial activities, schools, light industrial uses, cultural, educational and other community facilities. This overlay may also include specialized land uses such as public facilities, senior citizen facilities and recreation and it is desirable that compatible uses are within walking distance of each other. The mixture of uses can be either horizontal or vertical in a multi-story structure.

(ii)

The overlay area shall be devoted to employment-generating uses, including but not limited to office, retail, restaurants and hotels, and the residual property may be developed with higher density residential uses to support the housing needs of employees and businesses in the employment center overlay.

(2)

Standards.

(i)

Land within one thousand (1,000) feet of a designated corridor use overlay as defined by the comprehensive plan shall provide for employment-generating uses in accordance with the purpose. Land outside of the corridor can be used for other uses.

(b)

Gateway overlay (G-O).

(1)

Purpose.

(i)

A Gateway is a point along a roadway where a motorist gains a sense of entering or leaving the town. Gateways are physical features that help define an identity, an entrance, a means of access, or a sense of arrival to a destination.

(ii)

The purpose of the gateway overlay is to create attractive and cohesive entrances into town that enhance the area. Gateways are identified by the creation of gateway features and/or monuments.

(iii)

These entry features will accentuate views into the project and establish the identity of the community. A combination of natural and hardscape landscaping, decorative walls, and/or subdued signage may be used.

(2)

Standards.

(i)

Generally, gateways will be developed in the following manner:

a.

Amenities proposed at designated gateways should include wayfinding and monument signage, enhanced landscape plantings, public art, flagpoles, and similar features.

b.

The adopted comprehensive plan provides additional details on the locations of gateways throughout town. The following intersections have been identified as potential gateway areas:

1.

I-76 at State Highway 52 and at WCR 49;

2.

State Highway 52 East (Main Street) at Oak Street; State Highway 52 West (Bison Highway) at WCR 12.5; and

3.

Future interchange at WCR 8.

c.

Development on sites abutting gateways shall provide adequate space and increased setbacks for gateway treatments at designated intersection corners.

d.

Street signs should be supplemented with attractive wayfinding signs and landmarks, such as public art, to help people find destinations and encourage extended visitation in the town.

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

(a)

General dimensional standards summary table. All primary structures and uses of property shall comply with the following building dimensional standards. In addition, all primary and accessory structures shall comply with all applicable stormwater management regulations and building codes. In the event of a conflict between the requirements of this subsection (a) and applicable building codes, the more restrictive standard shall apply.

TABLE 16-5.2: SUMMARY OF LOT AND BUILDING DIMENSIONAL STANDARDS

Footnotes:

1.

Minimum lot width and frontage are thirty (30) feet when fronting the curved portion of a cul-de-sac.

2.

Minimum of twenty (20) feet required between side and rear of mobile homes.

3.

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

4.

Five thousand eight hundred (5,800) square feet for single-family. The minimum lot area for a multiple-family dwelling shall be an additional two thousand (2,000) square feet for each additional unit over two (2).

5.

Lot coverage includes the primary building and accessory buildings.

6.

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

7.

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.

8.

Fifteen (15) feet when abutting a residential district.

9.

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.

10.

In R-2, C-1, C-2, and A-1 zoning districts, 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.

11.

Eighteen (18) feet for accessory buildings.

12.

Fire-rated construction is implemented as required by current building codes (IBC and IRC). Structures requiring a building permit that are within five (5) feet of a property line are require to provide fire-rated construction.

13.

Table cells with blank inputs do not have specific requirements.

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

The following Table identifies permitted exceptions and encroachments into required setbacks and height limits:

TABLE 16-5.3: EXCEPTIONS AND ENCROACHMENTS

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

(a)

Organization of the table.

(1)

In the permitted use table, land uses are classified into general use categories and specific uses based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts.

(b)

Abbreviations in the table

(1)

An "A" in a cell of the permitted use table indicates that the use is permitted by-right in that zoning district, subject to compliance with the use-specific standards cross- referenced in the right-hand column of that line of the table. Each "A" use listed as a primary use of property in a zone district is also permitted as an accessory use to another primary use of property in that zoning district, subject to accessory use standards.

(2)

A "C" in a cell of the permitted use table indicates that the use is permitted only after the applicant obtains a conditional use review and subject to the use-specific standards cross-referenced in the right-hand column of that line of the table.

(3)

A blank cell in the permitted use table indicates that the use is not allowed in that zoning district.

(c)

Multiple principal uses permitted.

(1)

Multiple principal uses on one lot shall be allowed in the B, C-1, C-2, C-O, I-1, I-2, I-3, A-1, and A-2 zoning districts if each individual use is allowed in the zoning district and all uses can be accommodated within the zoning district's dimensional standards and comply with all use-specific conditions or standards required of any of the principal uses.

(d)

Unlisted uses.

(1)

When a proposed principal or accessory land use is not specifically identified as allowed in a zoning district in the permitted use table, the use is not permitted unless the planning director determines that it is included in the definition of a listed use or is so similar to a listed use that it shall be treated as the same use. In making this determination, the planning director shall consider the scale, traffic impacts, stormwater impacts, utility demands, and potential impacts of the proposed use such as noise, vibration, glare, and dust on surrounding properties compared to similar uses allowed in the permitted use table.

(e)

Required governmental approvals, licenses, permits, and operational rules.

(1)

All uses required by any unit of local government, the State of Colorado, or the federal government to have an approval, license, or permit to operate are required to have that state approval, license, or permit in effect at all times.

TABLE 16-5.4: PERMITTED USE TABLE

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

(a)

General standards.

(1)

The use-specific standards listed in this section apply to those uses listed on the same line of the permitted use table, regardless of whether those uses are shown as allowed or conditional uses. These use-specific standards cannot be modified through the conditional use review process, but relief may be granted through a variance.

(2)

Should any use-specific standards conflict with the standards in article 7, Development Standards, these use-specific standards shall apply unless otherwise stated.

(b)

Residential uses.

(1)

Dwelling, cottage court.

(i)

A site built product is required and does not include tiny homes or manufactured homes.

(ii)

A cottage court is meant to have each unit sit on a very small footprint. The houses tend to be smaller than average. The parking is grouped, rather than individual to each unit.

(iii)

Each cottage may be a maximum floor area of one thousand four hundred (1,400) square feet.

(iv)

Minimum of fourteen (14) dwelling units per acre.

(v)

A shared private common space containing at least ten percent (10%) of the project area shall be provided.

(vi)

A community building may be permitted.

(vii)

Sidewalk connections and sidewalks along public streets.

(viii)

Parking may be consolidated into one (1) or a few small lots to allow for closer spacing between buildings.

(ix)

Individual cottage lots or portions of the project may not be subdivided for sale.

(x)

Zoning district lot requirements and setback requirements shall apply to the project site as a whole, but not to individual cottage dwelling sites.

(2)

Dwelling, tiny house.

(i)

A tiny house may be an ADU as a conditional use and ADU standards shall be followed according to section 16-62(g)(2).

(ii)

Each tiny house used as a primary or accessory dwelling shall be installed on a permanent foundation.

(iii)

Each tiny house shall comply with the requirements for water supply, wastewater services, electric service, utilities, and fire protection established by the town or the applicable service provider.

(iv)

Wheels must be removed from a tiny house dwelling when it is installed on a lot or parcel, unless located in the MHP district.

(v)

If a tiny house dwelling is one (1) of two (2) or more located on a single lot, it shall meet the manufactured home community standards in section 16-62(b)(4).

(3)

Mobile home park.

(i)

Mobile home park plan.

a.

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.

b.

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.

c.

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 (22) graveled or paved driving surface which is maintained in good condition.

d.

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

1.

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

2.

Description of land to be developed.

3.

Location of each existing and proposed structure.

4.

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

5.

Location and dimensions of all roads and/or driveways.

e.

Prior to construction of any new mobile home park, a site plan shall be submitted for approval in accordance with procedures in section 16-41 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:

1.

Location and specifications of all existing and proposed utilities.

2.

Detailed drainage plan.

3.

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

(ii)

Existing mobile home parks.

a.

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 MHP districts by this chapter, but shall become a nonconforming use.

b.

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.

(iii)

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

a.

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.

b.

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:

1.

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

2.

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

3.

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

c.

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.

d.

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

1.

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

2.

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

3.

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

4.

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

e.

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.

f.

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.

(4)

Manufactured home community.

(i)

In addition to meeting all applicable standards in article 7, Development Standards, including without limitation standards related to water supply, wastewater services, utilities, and fire protection, landscaping, parking, and site lighting each manufactured home community shall comply with the following standards.

(ii)

Manufactured homes and spaces.

a.

Mobile homes, recreational vehicles, or travel trailers may not be used as residences within a manufactured housing community.

b.

The manufactured home one (1) shall be either permanently or semi-permanently affixed to the ground in accordance with the manufacturer's specifications the running gear and towing hitch removed and two (2) shall be set upon a base or pad having an anchoring system that is completely concealed under the structure.

c.

The premises for each mobile home shall be kept clean and free from refuse. The "premises" in this case is defined as the front yard, the back yard, the side yards and under the mobile home. The owner of the manufactured home community is hereby granted the authority to enforce this requirement and any and all requirements included in the lease agreement.

(iii)

Site design.

a.

Roadway surfaces, driveways, and motor vehicle parking spaces within a manufactured housing park shall be paved. All other areas shall be surfaced with gravel, crushed rock, or similar material or planted in a vegetative growth capable of preventing erosion and dust.

b.

All buildings and manufactured homes within the community shall be served with centralized water supply and sewage disposal systems approved by the town.

(iv)

Utilities.

a.

Utilities shall be installed underground in all manufactured housing communities constructed after the effective date.

b.

All utility easements shall be at least ten (10) feet wide or shall comply with the reasonable width requirements of the utility provider, and shall provide convenient ingress and egress for construction, maintenance vehicles and equipment.

(5)

Group home, FHAA or group residential facility, small or large.

(i)

Each small FHAA group home shall be subject to the same standards and requirements applicable to a household living use occupying the same type of dwelling structure typically occupied by not more than eight (8) persons (e.g., single-household detached or single-household attached).

(ii)

Each large FHAA group homes shall be subject to the same standards and requirements applicable to a household living use occupying the same type of dwelling structure typically occupied by more than eight (8) persons (e.g., duplex, triplex, fourplex, or multi-household dwelling).

(iii)

FHAA group homes shall not include more than one (1) individual who is required to register as a sex offender under the provisions of C.R.S. 18-3-412.5.

(c)

Public, institutional, and civic uses.

(1)

Assembly, religious or secular.

(i)

A single-household dwelling unit, located on the same lot as the religious assembly use may be permitted.

(d)

Commercial uses.

(1)

All commercial uses in any zone shall install, maintain, and operate an adequate ventilation and filtration system that ensures odors are not reasonably detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential dwelling unit.

(2)

Animal daycare and grooming.

(i)

Animals shall not be permitted outside except within a secure animal run.

(ii)

No outdoor animal run shall be permitted within five hundred (500) feet of any residential district.

(3)

Commercial kennels or catteries.

(i)

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

(ii)

All kennels shall be enclosed within a building that prevents any sounds in excess of the maximum permissible noise levels for residential zoning districts, set forth in C.R.S. 25-12-103.

(iii)

Animals shall not be permitted outside except within a secure animal run.

(iv)

No outdoor animal run shall be permitted within five hundred (500) feet of any residential district.

(4)

Community garden.

(i)

All community gardens shall be maintained in an orderly manner with no trash, junk, or debris.

(ii)

All tools and supplies shall be stored indoors or removed from the property daily.

(iii)

All structures shall comply with the applicable setbacks for the zoning district and shall not be in or over any easement.

(iv)

Any accessory retail operations must meet the standards listed in section 16-62(g)(8), Farm stand.

(v)

Food products may be grown in soil native to the site if the applicant can provide documentation to the Weld County Health Department that a composite sample of the native soil, consisting of no less than five (5) individual samples, has been tested for lead content and the lead content in the soil is determined to be at or below the residential screening levels for soil exposure, direct-contact for lead established by the State of Colorado; and either:

a.

Proof through maps, deeds, prior permits, or a combination of those sources that the site has only been used for residential or agricultural activities in the past; or

b.

Documentation that a composite sample of the native soil, consisting of no less than five (5) individual samples, has been tested for metal content using the US EPA 3050B, 3051, or a comparable method and that the metals arsenic, cadmium, mercury, molybdenum, nickel, selenium, and zinc are determined to be at or below the residential screening levels for soil exposure, direct-contact established by the State of Colorado. If metal content in soil exceeds established thresholds, food products may only be grown in raised beds filled with clean topsoil.

(vi)

As an alternative to meeting the standards in subsection (v) above, food products may be grown in clean soil brought to the site without completing a soil test of the soil native to the site.

(5)

Bed and breakfast.

(i)

In the R-1 and R-2 zoning districts, the maximum number of guest bedrooms for any bed and breakfast shall be three (3). In all other zoning districts, the maximum number of bedrooms shall be six (6).

(ii)

The business owner or manager of the bed and breakfast establishment shall be required to reside on the property or within three hundred (300) feet of the property.

(iii)

Any kitchen and dining facilities shall serve only residents and their guests. No cooking facilities such as stoves, hot plates, or microwave ovens are permitted in the guest rooms.

(iv)

Each guest stay shall be limited to a maximum of thirty (30) consecutive days.

(v)

In the R-1 and R-2 districts, a bed and breakfast shall not conduct any other commercial activities (other than providing lodging and meals for residents and their guests) such as for-profit private parties or receptions, retail sales, or similar activities.

(6)

Industrial hemp.

(i)

This use shall hold and maintain at all times valid licenses or registrations from the United States Department of Agriculture and Colorado Department of Agriculture, as applicable.

(ii)

This use shall install, maintain, and operate an adequate ventilation and filtration system that ensures odors are not reasonably detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential dwelling unit.

(7)

Marijuana establishments prohibited.

(i)

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.

(ii)

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.

(8)

Adult entertainment.

(i)

No adult entertainment use is allowed within one thousand (1,000) feet of any residentially zoned property, property used for a dwelling, school, church, licensed daycare facility, school or educational facility serving person age eighteen (18) or younger, assembly use, public park, other adult entertainment use, or liquor licensed establishment subject to the Colorado Liquor Code, all of which are collectively referred to as protected properties. This distance is measured from the closest property line of the protected property to the closest property line of the adult entertainment use.

(ii)

Adult use buildings, entries, windows, and openings shall be located, covered, or screened in a manner to prevent a view into the interior from any public or private street or other public or semi-public area.

(9)

Campground/recreational vehicle park.

(i)

In addition to meeting all applicable standards in article 7, Development Standards, including without limitation standards related to water supply, wastewater service, utilities, and fire protection, each campground and recreational vehicle park shall comply with the following standards.

(ii)

Camps, campgrounds, picnic grounds, lodges or other similar facilities are permitted in the A-1, A-2, A-3 and O zones, 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.

(iii)

Applicability and exceptions. These standards shall apply to all campgrounds and recreational vehicle parks.

(iv)

Connection to public utilities required.

a.

Water connections are required in accordance with the town's adopted water standards, including any water required irrigation necessary for landscaping. Raw water dedication requirements shall meet.

b.

Sewer connections are required in accordance with the town's adopted sewer standards.

(v)

Size and density.

a.

The minimum lot size for a campground or recreational park in the A-2 zone shall be five (5) acres.

b.

Other than in A-2, the minimum campground or recreational vehicle park area shall be the same as the minimum lot size for the zoning district in which it is located, including variations in acreage based on availability and service to the property of public water and sewer, unless the planning director determines:

1.

The lot was legally established before the effective date of this code and can adequately and safely accommodate a campground area without meeting the minimum lot size; and

2.

The lot meets the minimum lot size, but cannot adequately and safely accommodate a campground or recreational vehicle park area.

(vi)

Occupancy.

a.

No person shall stay in any campground more than one hundred eighty (180) days per calendar year.

b.

The property is required to connect to the town's water and sewer system.

(vii)

Access and circulation.

a.

Road systems within a campground and recreational vehicle park are required. If the road system is for one-way traffic only, directional signs shall be installed.

b.

Entries, access drives, and parking areas shall meet town dimensional, fire code, grading, drainage, and dust control requirements as applicable.

(viii)

Sites.

a.

Each site shall provide at least one thousand two hundred sixty (1,260) square feet of space for tent-only campsites and one thousand seven hundred fifty (1,750) square feet of space on sites that accommodate recreational vehicles, including the required parking space.

b.

Each site shall be clearly marked and identified with a sign or symbol attached to a post or tree on or near the site, indicating the type of recreational vehicle that may be parked on the site, if any.

c.

Each site shall include a parking space for one (1) vehicle in addition to the recreational vehicle. That parking space shall be constructed so no portion of the vehicle extends onto any roadway within or adjacent to the campground or recreational vehicle park.

d.

No permanent or semi-permanent structures, such as cabins, lean-tos, accessory structures, sheds, or habitable buildings, whether placed on a permanent foundation or not, shall be erected on a site except by the owner/operator of the property when used in connection with the operation or maintenance of the property.

(ix)

Landscaping.

a.

Each campground and recreational vehicle park shall be landscaped in accordance with section 16-79, Landscaping, screening, and fencing, to provide a buffer from adjacent uses and roadways, and to prevent erosion.

(x)

Pedestrian circulation.

a.

An internal pedestrian circulation system with an all-weather surface at least five (5) feet in width shall be provided, or four (4) feet in width if private property.

(xi)

Sanitary facilities.

a.

Every campground and recreational vehicle park shall include a minimum of one (1) unisex sanitary facility.

b.

All sanitary facilities shall comply with the requirements of the Americans with Disabilities Act (ADA) and the ADA Standards for Accessible Design.

c.

Required toilet, lavatory, and bathing fixtures shall be provided in accordance with the Colorado Department of Public Health and Environment's regulations for campgrounds and recreation areas set forth in 6 CCR 1010-9 or as otherwise required by the Weld County Health Department.

(xii)

Sanitary Waste Station.

a.

A minimum of one (1) sanitary waste station shall be provided in all new recreational vehicle parks and campgrounds that accommodate recreational vehicles where individual sewer hookups are not available for all sites. Recreational vehicle parks with more than one hundred (100) sites shall have one (1) sanitary waste station for every one hundred (100) sites when individual sewer connections are not provided for all sites. All waste stations shall be connected to the town's sewer system, additional standards or facilities may be required, such as grinder pumps and are intended to be maintained by the property owner.

b.

The drainage basin of the sanitary waste station shall be constructed of an impervious material. Sanitary waste stations draining into an impervious vault shall include a capacity alarm system.

c.

The sanitary waste station shall be connected to the campground and recreational vehicle park water supply and provide facilities for washing recreational vehicle waste-holding tanks and for cleaning the general area of the sanitary station.

(xiii)

Refuse disposal.

a.

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

b.

All trash collection areas shall comply with section 16-79(f), Screening.

c.

All trash containers shall be wildlife-proof.

(xiv)

Fire safety.

a.

Fires will be permitted only in facilities that have been provided for such purposes, such as fire rings or designated firepits upon approval of the fire department.

b.

Approved designated outdoor campfire locations, if provided, shall be in areas where they will not constitute fire hazards to vegetation, undergrowth, trees, recreational vehicles, camping units, and structures.

c.

Each campground and recreational vehicle park shall have a written evacuation plan approved as part of an application submittal.

(xv)

Maintenance.

a.

Each campground and recreational vehicle park shall be maintained in accordance with the requirements of this section, applicable Colorado Department or Public Health and Environment regulations, and other applicable town regulations.

b.

Each campground and recreational vehicle park shall comply with the requirements of the Colorado Department of Public Health and Environment (CDPHE) regulations for Campgrounds and Recreation Areas (6 CCR 1010-9).

(10)

Firing range, indoor and outdoor.

(i)

General standards.

a.

Alcoholic beverages shall not be sold, dispensed, stored, or consumed on-site.

b.

The facility shall be designed to comply with the National Rifle Association's Range Source Book: A Guide to Planning and Construction.

c.

The facility shall be operated and managed in accordance with all federal, state, and local laws and regulations related to the use, sale, rental, and transportation or firearms.

d.

The hours of operation of an indoor or outdoor firing range shall be limited to 7:00 a.m. to 10:00 p.m.

(ii)

Additional standards for indoor firing ranges.

a.

The design and construction of an indoor firing range shall completely confine all ammunition rounds within the building and in a controlled manner to prevent unauthorized use.

b.

Additional standards for outdoor firing ranges.

c.

All firing stations shall be at least one thousand (1,000) feet from property lines unless designed so as to limit noise and provide protection from accidental or stray ammunition discharge for surrounding properties.

d.

The owners, operators, tenants, or occupants of an outdoor firing range shall implement appropriate environmental management practices for containing, controlling, and removing lead from the range in accordance with the latest edition of "Best Management Practices for Lead at Outdoor Shooting Ranges" from the U.S. Environmental Protection Agency.

(11)

Recreation and entertainment, outdoor.

(i)

If located within five hundred (500) feet of a residential zoning district, the hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.

(12)

Airports or heliport, helipad.

(i)

General.

a.

Each use shall be approved by the Federal Aviation Administration (FAA).

b.

This use is prohibited within one thousand (1,000) feet of any existing or planned residential dwelling unit, unless the residence is owned by the same property owner as the airport, heliport, or helipad.

c.

If the residence is ever sold to a different party, notice will be provided on title that an airport is located within one thousand (1,000) feet of the residence.

(ii)

Additional Standards for Airports and Landing Strips.

a.

Airports shall be developed in accordance with an FAA approved layout plan, or a layout plan approved by town council, complying with FAA Advisory Circular 150/5300-13B with the exception that aircraft tiedown dimensions need only be sufficient to provide adequate clearances for the aircraft to be tied down.

b.

Additional standards for heliports and helipads.

c.

Primary use and accessory heliports shall be developed in accordance with an FAA approved layout plan, or a layout plan approved by town council, complying with FAA Advisory Circular 150/5390-2D.

d.

Helicopter landing and takeoff operations for all uses other than emergency medical service or law enforcement are prohibited between 10:00 p.m. and 7:00 a.m.

(13)

Vehicle fuel sales.

(i)

In the C-1 and C-2 zoning district, minimum front and side yard setbacks shall be 18 feet for motor fuel pumps and five (5) feet for a canopy erected over motor fuel pumps.

(14)

Vehicle repair, minor.

(i)

No outdoor storage of vehicle parts, discarded tires, or similar materials shall be permitted.

(15)

Vehicle sales, rental, and leasing, light or heavy.

(i)

Any outdoor display area shall not block ADA-accessible parking areas, parking lot access aisles, or sidewalk areas, shall not be located in an area designated for landscaping, and shall not reduce the number of parking spaces below any minimum requirement for the use in this code.

(e)

Agricultural uses.

(1)

Agricultural uses shall not migrate past the property line.

(2)

Animals in agriculture zoning districts.

(i)

Primary use.

a.

General farming, including grains, fruit, vegetables, grasses, hay, stock raising and the keeping and boarding of livestock is permitted except that:

1.

In the A-2 and A-3 zoning district, a maximum of two (2) animal units are permitted for the first acre, with one (1) additional animal unit permitted per additional acre as described in the following table. For example, two (2) cattle and one (1) horse may be permitted on a two (2) acre lot, for a total of three (3) animal units.

2.

Poultry and rabbits each count as 0.1 animal unit.

TABLE 16-5.5: ANIMAL KEEPING UNITS

b.

Equestrian operations are permitted in accordance with section 16-62(e)(4) of this code.

c.

The keeping and boarding of horses, poultry hatcheries and farms, fish hatcheries, beekeeping operations and dairy farms, kennels and catteries, are permitted as a primary use in the A-1 zoning district.

(ii)

Accessory use.

a.

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

(3)

Equestrian operation.

(i)

All equestrian operations shall maintain the premises to ensure that manure and other waste is collected, stored, and disposed of in a safe and sanitary manner to avoid negative impacts on neighboring lands from solid waste generated on site.

(ii)

All parts of the facility where animals are kept or equestrian events are held shall be set back at least three hundred (300) feet from property lines abutting a residential zoning district.

(iii)

Noise, fumes, dust, odors, vibration, or light generated as a result of the equestrian operation will, at each property line, not exceed a volume, frequency, or intensity that would unreasonably interfere with the enjoyment of life, quiet comfort, or outdoor recreation of an individual of ordinary sensitivity and habits on the abutting property.

(iv)

If being used as a commercial facility, hours of operation open to the public are limited to the hours between 6:00 a.m. and 10.00 p.m.

(f)

Industrial uses.

(1)

Industrial, heavy.

(i)

This use is prohibited in the following locations:

a.

Within three hundred (300) feet of a public park or open space;

b.

Within six hundred sixty (660) feet of a lot containing a religious assembly use or an elementary, middle, or high school; and

c.

Within two thousand five hundred (2,500) feet of a lot containing a residential use other than a caretaker's unit. The planning commission may adjust this requirement if impacts to residential uses within two thousand five hundred (2,500) feet are determined to be more or less intensive as a result of the heavy proposed heavy industrial use.

(ii)

This use may be conducted outside of a building.

(iii)

This use may include a sales/display room for items manufactured on the property.

(iv)

Incidental storage areas are allowed outside of a fully enclosed building, provided that each such area is screened pursuant to section 16-79(f), Screening.

(2)

Industrial, light.

(i)

This use is prohibited within five hundred (500) feet of feet of a lot containing a residential use other than a caretaker's unit.

(ii)

This use may include a sales/display room for items manufactured on the property.

(iii)

Incidental storage area is allowed outside of a fully enclosed building, provided that each such area is screened pursuant to section 16-79(f), Screening.

(3)

Industrial, special.

(i)

This use is prohibited in the following locations:

a.

Within six hundred sixty (660) feet of a public park or open space;

b.

Within one thousand (1,000) feet of a lot containing a religious assembly use or an elementary, middle, or high school; and

c.

Within two thousand five hundred (2,500) feet of a lot containing a residential use other than a caretaker's unit.

(ii)

This use may include a sales/display room for items manufactured on the property.

(iii)

Incidental storage areas are allowed outside of a fully enclosed building, provided that each such area is screened pursuant to section 16-79(f), Screening.

(4)

Mining and extraction uses.

(i)

Each operator of this use shall hold and maintain at all times a valid excavation permit, issued by the State of Colorado in conformance with the Open Mining Land Reclamation Act.

(ii)

Unless exempted by Colorado law or regulations or the terms of an operating permit or license issued by the State of Colorado, all uses shall comply with all provisions of article 7, Development Standards, including without limitation standards in section 16-89, Operation and maintenance standards.

(iii)

The mining operator or owner shall bear the proportionate cost of all town road and bridge improvements, repairs, and maintenance necessitated by the proposed mining operation, as determined by the planning commission.

(iv)

The operator shall excavate, store overburden, excavate materials, or dike in locations and using means that protect public facilities from damage, and that do not increase any drainage or flooding on property not owned by the operator.

(v)

As a condition of approval, the planning commission may impose restrictions on the hours of operation and the number of trucks that may access the mine to avoid damage to roads caused by heavy vehicle use, weather conditions, or water saturation.

(vi)

Truck haulage and traffic routes shall be designed to avoid residential areas, commercial areas, environmentally and visually sensitive areas, schools and other civic buildings, and roads designated by the town as congested roads. to the maximum extent practicable. Alternative haul routes shall be developed where the haul route impacts the health, safety, and welfare of the local area.

(vii)

Mining operations shall not occur in significant wildlife habitat areas as identified by the Colorado Division of Wildlife if there is any other practicable means of extracting minerals from such areas.

(viii)

Operations shall comply with noise, vibration, and other standards of this code and the noise standards set forth in C.R.S. 25-12-103.

(ix)

All dust and air emissions shall comply with standards established by the county health department, Colorado Department of Health and Environment, and the Colorado Air Quality Control Commission.

(x)

All water uses and discharges shall conform to standards established by the Colorado Water Pollution Control Commission and the water laws of the State of Colorado.

(xi)

Any remediation activities shall comply with the Colorado Mined Lands Reclamation Act and the policies, standards, and decisions of the Colorado Mined Land Reclamation Board.

(5)

Outdoor storage.

(i)

The site shall be graded for drainage, surfaced with concrete, asphalt or another improved surface approved by the planning director based on durability, appearance, and dust control.

(ii)

Emergency access lanes required by the fire service provider shall be maintained around and through the storage area.

(iii)

All storage areas shall be outside any parking, traffic circulation, right-of-way, and/or landscaping area that serves the site.

(iv)

The height of any items stored outside shall not exceed the height of any screening wall, fence, or vegetation, unless the item is located at least one hundred (100) feet inside the screening wall, fence, or vegetative screen.

(v)

Uses shall not have vehicle access points from or channel the traffic generated by the use onto a local residential street.

(vi)

The bulk storage of highly flammable or explosive liquids, solids, or gasses above ground is regulated as an accessory use in section 16-62(g)(12).

(vii)

The view of loading areas shall be minimized where visible, especially from the front line of the lot and from public and private rights-of-way, public and private park and open space areas, and residential zone districts, through the use of landscaping and screening required by section 16-79, Landscaping, screening, and fencing.

(6)

Self-service storage.

(i)

Only storage of goods and materials are allowed in self-storage rental spaces. The use of storage spaces as a location to conduct a business is prohibited.

(ii)

The storage of hazardous materials is prohibited. Storage of feed, fertilizer, grain, soil conditioners, pesticides, chemicals, explosives and other hazardous materials, asphalt, brick, cement, gravel, rock, sand and similar construction materials, inoperable vehicles, or bulk storage of fuels shall be prohibited.

(iii)

The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances, and other similar equipment on the premises is prohibited.

(iv)

Where the site is adjacent to a residential zoning district or residential use, loading docks are prohibited on the side of the facility facing the residential zoning district or use.

(v)

In the C-1 and C-2 districts, all storage shall be contained within a fully enclosed structure that:

(vi)

Is at least a two-story structure with storage units on upper floors with access doors to storage units accessed from interior hallways.

(vii)

Does not have any garage doors or access doors to any storage unit facing any public street, park, or open space, unless the doors are screened from all visible public streets, parks, and open spaces.

(7)

Communication tower, other.

(i)

The tower or antenna structure shall comply with all applicable regulations of the Federal Communication Commission, the Federal Aviation Administration, and any other federal air safety authority.

(8)

Geothermal loop or direct use.

(i)

Underground geothermal energy devices may be located anywhere on the property.

(ii)

Above-ground regulating, collection, distribution, or utility equipment required for the operation of the facility shall:

a.

Be located in a primary or accessory structure permitted in the zoning district where the property is located, or shall be screened pursuant to section 16-79(f), Screening; and

b.

Shall comply with all setbacks applicable to accessory structures in the zoning district where the use is located.

(9)

Solar energy systems.

(i)

General standards.

a.

Solar energy systems shall comply with the town building code, or with the applicable state building code, and with the most recent national electric code.

b.

Solar energy system components shall have underwriters laboratory or equivalent listings.

c.

Grid-connected solar energy systems shall comply with the interconnection requirements of the applicable electric utility.

(ii)

Community-, medium-, and large-scale ground-mounted solar energy systems. The following standards shall apply to ground-mounted solar energy systems, when this use is incidental to one (1) or more permitted primary and/or accessory structures(s).

a.

Setbacks. Community-, medium-, and large-scale solar energy systems shall comply with the required minimum setbacks in the zoning district where the use is located unless otherwise provided in this code. Setbacks shall be measured from the edge of the solar panels and other above-ground facilities and equipment excluding fencing, access roads, and buried cables and wires necessary to connect electrical facilities.

b.

Buffering and screening.

1.

Except as provided in subsection 2., community- and large-scale solar shall be screened from existing residential dwellings pursuant to standards for street frontage landscaping, side and rear lot edge landscaping, and screening in section 16-79, Landscaping, screening, and fencing.

2.

Screening shall not be required along property lines in the I zoning district unless the adjacent property has an existing residential use.

c.

Vegetation clearing, grubbing, and site grading minimized.

1.

Vegetation clearing, grubbing, and site grading shall be minimized to the maximum extent practicable and consistent with safe footing, construction, and maintenance vehicle access between arrays, and reasonable clearance to allow for vegetation growth and management between and beneath arrays.

d.

Decommissioning.

1.

Prior to approval of a community-, medium-, or large-scale ground solar energy system, the applicant and the town shall have executed an agreement that addresses decommissioning or abandonment of the facility. The agreement shall at a minimum provide for reuse or dismantling of the facility and the re-establishment of historic drainage patterns and ground cover at the solar energy facility owner's expense.

(iii)

Accessory roof-mounted solar energy systems. The following standards shall apply to roof-mounted solar energy systems.

a.

Setbacks.

1.

Accessory roof-mounted solar energy systems may encroach into side and rear setbacks as shown in Table 16-5.2: Exceptions and Encroachments.

b.

Heights.

1.

Accessory roof-mounted solar energy systems shall comply with the maximum height limits in the zoning district where the use is located, except as permitted by Table 16-5.2: Exceptions and Encroachments.

c.

Emergency access.

1.

Accessory roof-mounted solar energy systems shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof.

d.

Screening.

1.

Accessory roof-mounted solar energy systems shall comply with screening standards in section 16-79(f)(4).

(iv)

Accessory ground-mounted solar energy systems.

a.

The following standards shall apply to accessory ground-mounted solar energy systems.

1.

Height.

i.

Accessory ground-mounted solar energy systems shall comply with the maximum height limit in the zoning district where the use is located.

2.

Setbacks.

i.

Accessory ground-mounted solar energy systems may encroach into side and rear setbacks as shown in Table 16-5.2: Exceptions and Encroachments.

3.

Screening.

i.

Accessory ground-mounted solar energy systems shall comply with screening standards in section 16-79(f)(2).

4.

Placement.

i.

Ground-mounted solar energy systems shall be located in the side or rear yard of the property.

5.

Lot coverage/impervious surface coverage.

i.

Vegetated areas, including areas beneath solar arrays, are exempt from lot coverage and impervious surface area requirements.

(v)

Power and communication lines.

a.

Power and communication lines shall be underground except where the electrical collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

(vi)

Stormwater and National Pollution Discharge Elimination System (NPDES).

a.

Community- and large-scale solar energy systems are subject to town stormwater management and erosion and sediment control provisions and may be subject to requirements of the National Pollution Discharge Elimination System (NPDES).

(10)

Wind energy systems.

(i)

General.

a.

All electrical and mechanical components of the wind energy facility shall comply with applicable local, state, and national codes, regulations, and notification requirements.

b.

All wind energy facilities shall comply with applicable regulations of the Federal Aviation Administration (FAA) or other federal air safety authority, including any necessary approvals for installations close to airports.

c.

No wind energy facility shall be installed until the utility company has been informed of the applicant's intent to install an interconnected generator. Off-grid systems shall be exempt from this requirement.

(ii)

Safety standards.

a.

Towers for wind generators must include features preventing any unauthorized persons from climbing or otherwise ascending any wind tower structure.

b.

Signage warning of electrical voltage risks shall be placed where it is clearly visible by persons standing near the tower base or other ground mounted electrical equipment.

c.

All electrical and control equipment shall be safely enclosed from unintentional access by means such as lockable equipment cabinetry, enclosed tower with lockable access door, or similar.

d.

Power and communication lines shall be underground except where the electrical collector wiring is brought together for connection to the transmission or distribution network adjacent to that network.

e.

The design and operation of the wind energy system shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by the turbine.

f.

The facility design shall incorporate best practices available to protect wildlife from injury or death.

(iii)

Height standards.

a.

Medium- and large-scale wind energy systems are exempt from the maximum height standards in Table 16-5.1: Summary of Lot and Building Dimensional Standards.

b.

Accessory wind energy systems may exceed the maximum height limits shown in Table 16-5.1: Summary of Lot and Building Dimensional Standards up to ten (10) feet.

(iv)

Ground clearance.

a.

The rotor blade tip shall, at its lowest point, have ground clearance of no less than thirty (30) feet, as measured at the lowest point of the arc of the rotor blades.

(v)

Setback requirements.

a.

Each wind turbine in a wind energy facility must comply with the minimum setback requirements in Table 16-5.1: Summary of Lot and Building Dimensional Standards, unless an agreement with the adjacent property owner allows a smaller setback distance and that agreement has been recorded with the county clerk and recorder.

b.

Setbacks are measured from the center of the wind turbine base to the property line or nearest point on the foundation of an occupied building. Setbacks are calculated by multiplying the required setback number by the wind turbine height. The minimum setbacks are listed below in Table 16-5.5: Wind Energy Facility Minimum Setback Requirement.

c.

Guy cables and other accessory support structures may be located within the setback areas, provided that no part of the structure extends closer than ten (10) feet to the property line or occupied building. Guy cables must be marked and clearly visible to a height of six (6) feet above the guy cable anchors.

d.

There is no minimum lot size for a wind energy system provided that the setback requirements are met.

TABLE 16-5.6: WIND ENERGY FACILITY MINIMUM SETBACK REQUIREMENT
(Multiple of Maximum Turbine Height)

(vi)

Sound requirements. During normal operation, the wind energy facility shall comply with the sound requirements of the zoning district in which the wind energy facility is located. The maximum sound level may be exceeded during short-term events, such as utility outages and storms.

(vii)

Appearance. The visual appearance of wind energy facilities shall:

a.

Maintain a non-reflective finish and be a non-obtrusive color such as white, off-white, gray, or the manufacturer's default color, except as required by the regulations of the Federal Aviation Administration or other federal air safety authority;

b.

Not be artificially lighted, except to the extent required by the regulations of the Federal Aviation Administration (FAA) or other federal air safety authority; and

c.

Not display any sign, flag, streamer, or decorative additions to the structure, except for identification of the turbine manufacturer, facility owner, and/or operator.

(viii)

Decommissioning.

a.

Prior to approval of a medium- or large-scale wind energy system, the applicant and the town shall have executed an agreement that addresses decommissioning or abandonment of the facility. The agreement shall at a minimum provide for reuse or dismantling of the facility and the reestablishment of historic drainage patterns and ground cover at the owner's expense.

(11)

Recycling facility.

(i)

The facility shall be screened pursuant to section 16-79(f), Screening.

(ii)

The facility shall be located at least one hundred (100) feet from a residential zoning district or residential use.

(iii)

If the facility is located within three hundred (300) feet of a residential zoning district or a residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.

(iv)

All storage of material shall be in sturdy containers or enclosures that are covered, secured, waterproof, and maintained in good condition, or shall be baled or palletized. Storage containers for flammable materials shall be constructed of non-flammable material. No storage, excluding truck trailers and shipping containers, will be visible above the height of the fencing. Collected materials shall be removed from the site at least every thirty (30) days.

(12)

Salvage yard.

(i)

The site shall be graded for drainage; surfaced with concrete, asphalt or another improved surface approved by the planning director based on durability, appearance, and dust control.

(ii)

This use shall be conducted within a building or within a yard enclosed on all sides by a wall or solid fence at least eight (8) feet in height meeting the fencing standards of section 16-79(g), Fences and walls.

(iii)

The height of any items stored outside shall not exceed the height of any screening wall, fence, or vegetation, unless the item is located at least one hundred (100) feet inside the screening wall, fence, or vegetative screen.

(iv)

Openings equipped with a gate or door not exceeding twenty-four (24) feet in width are permitted.

(v)

Uses shall not have vehicle access points from or channel the traffic generated by the use onto a local residential street.

(vi)

The view of loading areas shall be minimized where visible, especially from the front line of the lot and from public and private rights-of-way, public and private park and open space areas, and residential zoning districts, through the use of landscaping and screening required by section 16-79, Landscaping, screening, and fencing.

(g)

Accessory uses.

(1)

General standards for accessory uses and structures.

(i)

List of accessory uses and structures.

a.

Accessory uses not listed in Table 16-5.3: Permitted Use Table may be approved by the planning director if the planning director determines that it is secondary and subordinate to and commonly associated with the principal use to which it is accessory.

(ii)

Subordinate to principal use.

a.

No structure or building shall be used for an accessory use unless the primary building is also in use.

b.

Each accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use, except in the R-1 and R-2 zones where an accessory structure and use may be located on a lot directly adjacent to the primary use.

c.

Except in the case of accessory dwelling units, the principal use and the accessory use shall be under the same ownership.

(iii)

Timing of accessory uses and structures.

a.

An accessory structure may be built simultaneously with, or after, construction of a primary structure on the lot or parcel, but no use of an accessory structure shall occur before a certificate of occupancy of use is approved for the of the primary structure or principal use with which the accessory use is associated.

(2)

Accessory dwelling unit (ADU).

(i)

An ADU is allowed only in conjunction with a single-household detached dwelling use, and shall be subordinate to that principal use of the property.

(ii)

Only one ADU is permitted on each lot or parcel containing a single-household detached dwelling use.

(iii)

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.

(iv)

An ADU shall not be included in the density calculations for a lot.

(v)

Each ADU shall conform to all minimum side setback dimensional standards applicable to accessory structures in the zoning district, or applicable to the principal single-household detached dwelling on the lot, whichever is less restrictive.

(vi)

Each ADU shall conform to all minimum rear setback dimensional standards applicable to the principal single-household detached dwelling on the lot, or shall have a minimum rear setback of five (5) feet, whichever is greater.

(vii)

The ADU shall not exceed one thousand (1,000) feet in gross floor area, or the area of any attic or basement that is being converted to an ADU, whichever is larger.

(viii)

The ADU shall be served by facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, and fire protection meeting the requirements of applicable building codes and the standards of the utility service provider.

(ix)

Unless there is a preexisting permitted water well and septic system, which the approval for use by the ADU shall be obtained by the appropriate permitting authority, 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 determines such to be infeasible.

(x)

The ADU shall be limited to two (2) bedrooms. A maximum of one (1) additional bedroom may be allowed if the town's review of the additional bedroom's utility demand can be accommodated with the existing service line and meter.

(xi)

The ADU must be constructed as a conventional, site built, or manufactured housing unit as defined by this code. Tiny homes that are on a chassis, recreational vehicles, and mobile homes, shall not serve as an ADU in any zoning district.

(3)

Backyard Poultry.

(i)

The keeping of backyard chicken hens is permitted in accordance with Hudson Municipal Code chapter 7, Health, sanitation and animals, section 7-84.

(4)

Bee keeping.

(i)

Definitions. The following words, terms and phrases, when used in this section, shall have meanings ascribed to them in this section:

a.

Apiary shall mean a place where bee colonies are kept.

b.

Bee shall mean any stage of the common domestic honey bee, Apis mellifera species.

c.

Colony shall mean a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.

d.

Hive shall mean a structure intended for the housing of a bee colony.

e.

Tract shall mean a contiguous parcel of land under common ownership.

f.

Hives. All bee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in sound and usable condition.

(ii)

Setback. All hives shall be located at least five (5) feet from any adjoining property with the back of the hive facing the nearest adjoining property.

(iii)

Fencing of flyways. In each instance in which any colony is situated within twenty-five (25) feet of a developed public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall or fence parallel to the property line and extending ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary.

(iv)

Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact. The water shall be maintained so as not to become stagnant.

(v)

Maintenance. Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

(vi)

Removal. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to remove the colony.

(vii)

Colony densities.

a.

It shall be unlawful to keep more than the following number of colonies on any tract within the [town], based upon the size or configuration of the tract on which the apiary is situated:

1.

One-quarter (1/4) acre or less tract size—Two (2) colonies;

2.

More than one-quarter (1/4) acre but less than one-half (1/2) acre tract size—Four (4) colonies;

3.

One-half (1/2) acre or more but less than one (1) acre tract size—Six (6) colonies;

4.

One (1) acre or larger tract size—Eight (8) colonies;

5.

Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies;

6.

For each two (2) colonies authorized under colony densities, subsection (vii)a.1. above, there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired.

(viii)

Prohibited. The keeping by any person of bee colonies in the town not in strict compliance with this section is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the town by the town manager or designee.

(5)

Cottage food operation.

(i)

The operator of the cottage food operation shall be the individual who conducts the cottage food operation from the operator's private residential dwelling unit and is the owner of the cottage food operation. If the operator is not the owner of the property on or in which the cottage food operation will be conducted, the property/dwelling owner's written authorization shall be provided.

(ii)

The cottage food operation shall be conducted solely within a primary residence.

(iii)

Cottage food operations shall be allotted one non-illuminated sign up to four (4) square feet in size, with a maximum height of three (3) feet. The sign shall be counted toward the total signage allowance for the property per section 16-81(f).

(iv)

A maximum of two (2) full-time employees, outside of the members of the household, may be employed by the cottage food home occupation business at the residence.

(6)

Drive-through facility.

(i)

Drive-through windows shall be located to the side or rear of the primary building and not between any side of a primary building and any street, to the maximum extent practicable.

(ii)

Drive-through lanes shall be set back at least ten (10) feet from residential zoning districts and residential uses.

(iii)

Sound from electronic devices such as loudspeakers, automobile service order devices, and similar sound sources related to the use shall not exceed fifty-five (55) decibels as measured at the property line.

(iv)

Drive-through facilities shall not create adverse noise, light, or other impacts on abutting residential properties, and the hours of operation of a drive-through facility abutting a residential district shall be limited to between 7:00 am and 10:00 pm.

(7)

Electric vehicle charging station.

(i)

All electric vehicle charging stations shall comply with the standards set forth in section 16-76(j), Electric vehicle charging stations.

(8)

Family child care home, small or large.

(i)

This use shall comply with all applicable state licensing requirements, including without limitation the family home child care license applicable to the population for which care is being provided, and shall maintain such license in effect at all times when care is being provided.

(ii)

One (1) non-illuminated wall sign not exceeding two (2) square feet in area and mounted flat against the building is allowed, unless otherwise provided by another section of this code.

(9)

Farm stand.

(i)

In residential zoning districts, hours of operation shall be restricted from 7:00 a.m. to 7:00 p.m.

(ii)

Where a farm stand is located on a property with a residential dwelling unit, it shall qualify as a home occupation and shall comply with section 16-62(g)(4), Cottage food operation.

(iii)

Farm stands that are not operating on a property with a residential dwelling unit shall be allowed one (1) non-illuminated sign up to six (6) square feet in size, with a maximum height of five (5) feet. The sign shall not be displayed when the stand is not in operation. The sign shall be counted toward the total signage allowance for the property per section 16-81(f).

(10)

Home occupation.

(i)

The use must be located or operated within the single-unit dwelling, garage or the accessory building used by its occupant for his or her home.

(ii)

The dwelling unit area employed for business shall not exceed twenty-five percent (25%) of its gross floor area. The total area employed for business shall be limited, in any event, to four hundred (400) square feet, including garage or accessory building area.

(iii)

Not more than two (2) persons, not residents of the premises, shall be employed.

(iv)

The dwelling and premises shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, the emission of odor, gas, smoke, dust, noise, excessive traffic or similar activity, and the structure shall not include any features by design not customarily found in residential buildings.

(v)

At least one (1) person employed on the property shall reside in the dwelling unit where the nonresidential activity or activities occur.

(vi)

Customers shall not visit the home occupation between the hours of 8:00 p.m. and 8:00 a.m.

(vii)

Such home occupation shall be approved only for the use of the applicants and not subject to transfer between ownerships from property to property.

(viii)

More than one (1) home occupation may be permitted within an individual dwelling unit. Where multiple home occupations are conducted within an individual dwelling unit, all home occupation requirements shall be applied to the combined total of all home occupation activities, not to each home occupation individually.

(11)

Recycling or donation collection point.

(i)

This use shall use containers that are constructed or durable waterproof and rustproof material and shall be secured from unauthorized entry or removal of material.

(ii)

All containers shall be placed on a surface graded for drainage and shall be covered when the site is not attended.

(iii)

Collection facilities shall be no more than ten (10) feet in height.

(12)

Storage of flammable/explosive products.

(i)

The bulk storage of highly flammable or explosive liquids, solids, or gasses above ground is only permitted in the I zoning district. Any such storage will require approval of a conditional use pursuant to section 16-48(c)(2), and all tanks, drums, or other storage enclosures for such materials shall meet all applicable local, state, and federal standards and guidelines for public health and safety and fire protection.

(h)

Temporary uses.

(1)

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. Temporary land uses are those uses that do not occupy a building or property on a permanent basis. It does not regulate licensed peddlers that are not occupying specific parcels of land.

(2)

General standards for temporary uses.

(i)

Temporary uses not listed in Table 16-5.3: Permitted Use Table may be approved by the planning director if the planning director determines that it is has no more adverse impacts on surrounding properties than other listed temporary uses permitted in the same zoning district, and the planning director may condition any such determination on the applicant's agreement to comply with any standards and conditions applicable to other temporary uses as necessary to minimize impacts on surrounding properties or to protect the health, safety, and welfare of the town residents.

(ii)

The temporary use shall place all temporary structures, vehicles, and signs outside of any clear vision triangle, required setback, required parking stall (except as permitted for temporary, outdoor display sale of merchandise), service drive area, designated trash dumpster location, sidewalk, and any other position on a lot that may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public.

(iii)

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

(iv)

Temporary uses must obtain a temporary use permit.

(v)

Off-street parking associated with temporary uses must be on a hard, improved surface that is intended or customarily used for the parking of motor vehicles.

(vi)

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

(vii)

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.

(viii)

All outdoor temporary use areas shall be kept clean, free of garbage and litter, and in good repair at all times.

(ix)

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 365 consecutive days. Extensions for time periods not to exceed ninety 365 consecutive days may be considered with a new permit application. ^[2]

(3)

Construction support activities.

(i)

Contractor's offices, equipment storage, and portable lavatories are permitted on or adjacent to construction sites on property owned or controlled by the owner of the property on which the construction is taking place, subject to the following conditions:

a.

The use shall only occur between thirty (30) days before and thirty (30) days after the construction activity. All temporary facilities shall be removed within thirty (30) days after completion of construction;

b.

If the structure does not contain sanitation facilities, portable sanitation facilities approved by the town health official shall be provided and shall be located to minimize impacts to adjacent residential uses.

(4)

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

(i)

Intent. This section is intended to provide a permit process for a property owner constructing a single-family dwelling, to reside in on site during the period of construction not to exceed six (6) months.

(ii)

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:

(5)

Cottage food operation.

(i)

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 RV or camper;

a.

The RV or camper must be placed on the lot under construction;

b.

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 RV or camper contains and disposes of water, sewage and litter;

c.

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 director.

(6)

Farmers' markets.

(i)

In the residential and agricultural districts, the use may only operate on a lot or parcel containing a permitted nonresidential use.

(ii)

Hours of operation shall be from 7:00 a.m. to 7:00 p.m.

(iii)

A farmers' market may have one (1) non-illuminated temporary sign or banner. The sign or banner shall not exceed six (6) square feet in area or five (5) square feet in height, must be located on the premises, and may only be displayed when the market is in operation. The sign shall be counted toward the total signage allowance for the property per section 16-81(f).

(7)

Real estate sales office or model home.

(i)

Real estate sales offices or model homes are permitted in any zoning district on the site of the development for which the sales are taking place. They are permitted to remain on the site of the development from thirty (30) days before the dwelling units are offered for sale until thirty (30) days after all dwelling units or residential lots within the development are sold.

(8)

Special event.

(i)

Special events are allowed in any zone, provided they meet the requirements of this section.

(ii)

The following special events, when conducted entirely upon private property, shall be exempt from the requirement to obtain a permit under this section:

a.

Dances and other special events conducted by schools or churches;

b.

Garage sales and rummage sales; and

c.

Other similar events and activities which do not directly affect or use town services.

(iii)

All special events must obtain a special event permit from the town prior to conducting the special event, which shall be subject to the following requirements:

a.

A special event may be conducted for no more than fifteen (15) consecutive days;

b.

Any tent, trailer, or structure intended for or used for human occupancy during the special event shall comply with all applicable building and fire codes and health regulations;

c.

Upon conclusion of the special event, any lot or parcel used during the special event shall be returned substantially to its original condition and all litter, fences, borders, tie-down materials and other items associated with the special event shall be removed within five (5) days of the conclusion of the special event;

d.

The special event will not unreasonably endanger the participants, spectators or the public;

e.

The special event will not unreasonably interfere with vehicular or pedestrian traffic flow at the proposed location;

f.

Adequate plans for parking exist to meet the needs generated by the special event;

g.

A special event or proposed use of the street will not intrude onto or over any portion of a public right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering vehicles or pedestrians;

h.

If the special event involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of three (3) feet of unobstructed sidewalk or other walkway shall be maintained at all times in order to maintain barrier-free standards;

i.

In the case of special events such as fun runs, marathons, etc., or in the case of any street use which requires the closure of any public street or walkway, the special event or use will not require closure for a period longer than that established by the planning director in coordination with emergency services and the school district, if school is in session;

j.

Whenever the requested permit is for an action which will require the use of any town street, or other town property, the applicant shall indemnify, defend and hold the town harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant's permitted special event or use;

k.

Whenever the requested permit is for an action which will require the use of any town street or other town property, except in the case of resident-sponsored events occurring in residential areas and on the same block as the host resident's property, the applicant must secure and maintain in full force and effect throughout the duration of the permit comprehensive general liability insurance for bodily injury and property damage sufficient to cover any liabilities associated with the event, and shall name the town as an additional named insured on the policy of insurance, which shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the town; and

l.

The costs of any additional town services required by the special event, including without limitation the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, shall be paid for by the applicant.

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