The town shall not accept, lay out, open, improve, grade, pave, curb or light any street, or lay or authorize water mains or sewers or connections to be laid in any street, within any portion of a territory for which the planning commission shall have adopted a major street plan unless such street shall have been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to the adoption of such plan or unless such street corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the planning commission or with a street or a street plat made by and adopted by the planning commission. However, the town council may accept any street not shown on or not corresponding with a street on the official master plan or on any approved subdivision plat or an approved street plat, provided that the ordinance or other measure accepting such street shall first be submitted to the planning commission for its approval, be enacted by no less than a majority of the entire membership of the town council or, if disapproved by the planning commission, be enacted by not less than two-thirds (⅔) of the entire membership of the town council. A street approved by the planning commission and the town council or a street accepted by a two-thirds vote of the town council after disapproval by the planning commission shall thereupon have the status of an approved street as fully as though it had originally shown on the official master plan or on a subdivision plat approved by the planning commission and town council or had been originally platted by the planning commission.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

At the time when the planning commission shall have adopted a major street plat of the territory within the corporate limits of the town, no building shall be erected on any lot within such territory or part thereof, nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed shall have been accepted or opened or otherwise have received the legal status of a public street prior to that time or unless such street corresponds with a street shown on the official master plan or with a street or subdivision plat approved by the planning commission or with a street on a street plat made by and adopted by the planning commission or with a street accepted by the town council, after submittal to the planning commission, by a favorable vote required.

(b)

A building permit may only be issued for an otherwise unopened and unaccepted street if, as a condition of the issuance of the building permit, the applicant for the building permit enters into an agreement with the town to construct the street up to town standards and specifications, thus allowing the town to open and accept the street as a public street within the town. A certificate of occupancy will then not be issued by the town until construction of the street is completed and approved by the town as being up to town standards and specifications.

(c)

Any building erected in violation of this chapter shall be deemed an unlawful building, and the building inspector or other authorized official may cause it to be vacated and/or have it removed.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Scope of coverage. No land shall be used or occupied, no structures shall be designed, erected or altered and no use shall be operated unless off-street parking space, as herein required, is provided in at least the amount and maintained in the manner herein set forth. The scope of the regulations herein set forth shall apply and govern in all districts. This chapter shall be applicable to buildings hereafter erected and uses as may be required to conform to the regulations hereof, including the extension and enlargement of said buildings and uses, except in cases where it is impossible to provide additional parking space and the strict enforcement of this chapter should create unnecessary hardship (to be determined by the planning commission).

(b)

Maintenance of off-street parking spaces. The duty to provide and maintain the off-street parking space herein required shall be the responsibility of the owner and/or operator of the property on which the structures or uses are located and for which off-street parking space is required to be provided and maintained.

(c)

Scope of regulations.

(1)

All parking spaces, required for any use and provided in compliance with the provisions of this section, shall be considered to be required spaces for the use or uses necessary and shall not be reduced or infringed upon in any manner.

(2)

All required parking stalls should be located on the premises to which such requirements apply or within off-street space not distanced more than five hundred (500) feet from such premises, provided that such stalls as are required for employees and proprietors of any premises may be located in an off-street parking space distanced not more than one thousand (1,000) feet from such premises, subject to paragraph (3) below.

(3)

Provision for a parking lot shared jointly by several uses in the same block or vicinity is permissible, in which case the number of stalls provided shall be the sum total of the individual requirement. Where it is found by the planning commission, upon application thereto, that the parking demand engendered by different uses included in any joint arrangements occurs at definite different times of day, as in the case of a theater generating demand for parking after normal daytime hours and a store generating demand for parking during such daytime hours and in such similar cases, the planning commission may reduce the total number of parking stalls to be jointly provided.

(4)

In a case where any public or private off-street parking facility, to be operated for public use (either free of charge or at reasonable rates), is planned or is in the process of development, and where the planning commission has assurance that such development will be carried to completion and will, when completed, relieve the parking demand of an area within five hundred (500) feet thereof, the planning commission may establish a reasonable period of delay within which such area shall be provided.

(5)

In cases involving existing structures where it is clearly shown by the applicant, to the satisfaction of the planning commission, that the provision of the amount of the space required herein for parking or loading requirements because of the particular nature of a proposed use would cause an unnecessary hardship, the planning commission may reduce such requirements.

(6)

Decisions made by the planning commission are subject to appeal to the town council.

(d)

Application for approval. All applications for approval of a parking plan shall be filed with the planning commission by the owner of the land area designated in the plan and shall contain such information and representations as may be deemed necessary by the planning commission. Such application shall also include plans showing the following details:

(1)

The type of structure or use for which off-street parking spaces are required.

(2)

The location of the uses or structures for which off-street parking spaces are required and are to be provided.

(3)

The size of the structure or use for which off-street parking spaces are required.

(4)

The location of the off-street parking spaces.

(5)

Impact statement of facility to be constructed in relation to drainage and surface water flow/distribution and method to be implemented to mitigate the impact.

(e)

Approval of plans. Upon the approval of the town council of any parking plan hereunder, a copy of such plan shall be filed in the records of the planning commission and with the building inspector.

(f)

Parking space requirements.

(1)

One (1) parking stall shall be not less than nine (9) feet in width and twenty (20) feet long.

(2)

A driveway for access to a parking lot shall be not less than twelve (12) feet in width nor more than thirty (30) feet in width at the property line along the street. It shall be so located as to minimize traffic hazards or congestion. All residential driveway widths shall be not less than ten (10) feet.

(3)

Requirements for parking spaces shall be as shown on an approved site plan, or in the absence of a site plan, as determined by the following table:

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Housing. The town declares that manufactured housing offers the citizens of the town an additional opportunity to own and live in safe and affordable housing on a permanent basis.

(b)

Use regulation. A manufactured home must be on an engineered permanent foundation as more particularly described in paragraph (e)(6) of this section in order to be permitted on private lots zoned for residential use.

(c)

Eligibility. A building permit shall be granted subject to the following provision: A structure which is certified under the National Manufactured Housing Construction Standards Act of 1974, 42 U.S.C. 5401, et seq., was issued an insignia of approval by the U.S. Department of Housing and Urban Development, has not been altered in violation of applicable codes and was manufactured after June 15, 1976.

(d)

Conditions. The town may subject any such manufactured home and the lot on which it is placed to any or all of the same development standards to which any residential dwelling on the same lot would be subject, including but not limited to building setback standards, side and rear yard requirements, standards for enclosures, access, vehicle parking, architectural and aesthetic requirements, excluding any roofing and siding material for additional enclosures and structures.

(e)

Criteria.

(1)

All manufactured homes that are allowed must have a peaked roof with minimum 3-in-12 pitch.

(2)

The primary entrance to manufactured homes shall be located on the front of the structure, fronting the street upon which the street address is located.

(3)

The manufactured home shall be subject to all provisions of the zoning ordinance applicable to residential structures.

(4)

Manufactured homes shall have brick, wood, or other exterior siding material customarily used on permanent residential dwellings and extending to the ground with delivery apparatus removed.

(5)

The manufactured home shall be a minimum width of twenty-four (24) feet as measured along the building side facing the adjoining street.

(6)

The manufactured home shall be on an engineered permanent foundation consisting of a full perimeter concrete or concrete block stem wall foundation, conforming to the Building Code.

(7)

Manufactured homes shall contain a minimum of seven hundred (700) square feet of finished floor area per dwelling unit.

(f)

Building permits. Building permits must be obtained before a manufactured home is placed on a site.

(g)

Existing nonconforming mobile homes.

(1)

Existing mobile homes may not be replaced unless the replacement meets all requirements of this chapter and all existing codes.

(2)

Additions and improvements to existing mobile homes are permitted only if the entire mobile home is brought into compliance with all existing codes and regulations.

(h)

Manufactured homes. There are three (3) types of manufactured homes:

(1)

The first type is a home that is built to a federal code enforced by the Department of Housing and Urban Development (HUD). This home was formerly called a mobile home and is now referred to as a manufactured home. (see Public Law 96-399)

(2)

The second type is called a modular home and is built to state code based on the Building Code.

(3)

The third type is called a prefab or panelized home and is built in conformance with the Building Code.

(Ord. 10-08 §2, 2010; Ord. No. 17-02, §§ 3, 4, 4-19-17)

(a)

Vision clearance at corners and railroad crossing. No fence, wall, hedge or other structure or obstruction above a height of forty-two (42) inches shall be erected, placed or maintained within fifteen (15) feet of the intersection of the right-of-way lines of two (2) streets or railroads or of a street intersection with a railroad right-of-way. No type of tree, planting, sign, fence or portion thereof or any type of obstacle shall be planted, placed or retained in such a manner which would obstruct the vision clearance at corners, curb cuts or railroad crossings or cause a traffic hazard.

(b)

Barbed wire and electric fence. No barbed wire or electric fence shall be allowed within the corporate limits of the town without the approval of the planning commission or unless planning commission disapproval is overruled by a two-thirds vote of the entire membership of the town council.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

The primary entrance to all single-family and multiple-family dwellings shall be located at the front of the residence fronting the street upon which its street address is located.

(b)

This section shall not apply to:

(1)

Dwellings for which building permits have been issued as of the effective date of the ordinance codified herein.

(2)

Lots platted as of the effective date of the ordinance codified herein that have dwellings already existing on the platted property.

(3)

Lots located within the (R-T) district.

(Ord. 10-08 §2, 2010)

(a)

Statutory authorization, findings of fact, purpose and objectives.

(1)

Statutory authorization. The legislature of the state has in Title 29, Article 20, C.R.S., delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. The legislature of the state has, in Section 31-15-103, C.R.S., delegated the responsibility to local government units to adopt ordinances containing regulations designed to promote the public health, safety and general welfare of its citizenry.

(2)

Findings of fact.

a.

The flood hazard areas of the town are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce of governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

b.

Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(3)

Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare, to minimize public and private losses due to flood conditions and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

a.

To protect human life and health;

b.

To minimize expenditure of public money for costly flood control projects;

c.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d.

To minimize prolonged business interruptions;

e.

To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

f.

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

g.

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

h.

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(4)

Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:

a.

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion or in-flood heights or velocities;

b.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c.

Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

d.

Controlling, filling, grading, dredging and other development which may increase flood damage; and

e.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(b)

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

100-year flood means a flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms one-hundred-year flood" and "one-percent-chance flood are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred (100) years.

100-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

500-Year Flood means a flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-annual-chance flood). The term does not imply that the flood will necessarily happen once every five hundred (500) years.

500-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

Addition means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport and deposition; and unpredictable flow paths.

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Area of shallow flooding means a designated AO, AH or VO zone on the town's Flood Insurance Rate Map (FIRM) with a one-percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/Al-A30, AR/AH, AR/ AO, Vl-V30 and VE that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.

Basement means any area of the building having its floor sub-grade (below ground level) on all sides.

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization means the artificial creation, enlargement or realignment of a stream channel.

Code of Federal Regulations (CFR) means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. It is divided into fifty (50) titles that represent broad areas subject to federal regulation.

Community means any political subdivision in the state that has authority to adopt and enforce floodplain management regulations through zoning, including but not limited to cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project which does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in paragraph (e)(2) of this section, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

Development means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means a nonbasement building (i) built, in the case of a building in zones Al-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor or, in the case of a building in zone V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water; and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

Existing construction means, for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA) means the agency responsible for administering the National Flood Insurance Program.

Federal Register means the official daily publication for rules, proposed rules and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood control structure means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood Insurance Rate Map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles and water surface elevation of the base flood, as well as the Flood Insurance Rate Maps.

Flood protection system means those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of flooding).

Floodplain administrator means the community official designated by title to administer and enforce the Floodplain Management Regulations.

Floodplain Development Permit means a permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this section.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodway (regulatory floodway) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half (½) foot (six [6] inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood, such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior, or

2.

Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Revision (LOMR) means FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM) or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs) or the Special Flood Hazard Area (SFHA).

Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The termmanufactured home does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Material Safety Data Sheet (MSDS) means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment and spill-handling procedures.

Mean sea level means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

National Flood Insurance Program (NFIP) means FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

New construction means, for the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

No-rise certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

Physical Map Revision (PMR) means FEMA's action whereby one (1) or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations and/or planimetric features.

Recreational vehicle means a vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (400) square feet or less when measured at the largest horizontal projections;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Special flood hazard area is the land in the floodplain within the town subject to a one-percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Insurance Rate Map (FIRM). After detailed ratemaking has been completed, zone A usually is refined into zone A, AE, AH or AO.

Start of construction includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

a.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

b.

Any alteration of an historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure.

Threshold Planning Quantity (TPQ) means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the state that such facilities are subject to emergency planning requirements.

Variance is a grant of relief to a person from the requirements of this section when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this section. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)

Violation means the failure of a structure or other development to be fully compliant with this section. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of the NFIP regulations is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(c)

General provisions.

(1)

Lands to which this section applies. This section shall apply to all areas of special flood hazard and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of the town.

(2)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by FEMA, as shown on those portions of Flood Insurance Rate Maps (FIRM) Number 08123C2135E, Number 08123C2155E, and Number 08123C2165E, Weld County, Colorado, effective January 20, 2016, that are currently within the corporate limits of the town, and any revisions thereto, are hereby adopted by reference and declared to be a part of this section.

(3)

Compliance. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this section and other applicable regulations. Nothing herein shall prevent the town from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

(4)

Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(5)

Interpretation. In the interpretation and application of this section, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the governing body; and

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(6)

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(d)

Administration.

(1)

Establishment of Floodplain Development Permit.

a.

A Floodplain Development Permit shall be obtained before construction or development begins within the town.

b.

Application for a Floodplain Development Permit shall be made on forms furnished by the town manager and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. The following information is required:

1.

Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures;

2.

Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed;

3.

A certificate from a registered professional engineer or architect that any nonresidential floodproofed structure shall meet the floodproofing criteria of subparagraph d.2. of this paragraph;

4.

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and

c.

Maintain a record of all such information in accordance with subparagraph 4.a. of this paragraph.

d.

Approval or denial of a Floodplain Development Permit by the floodplain administrator shall be based on all of the provisions of this section and the following relevant factors:

1.

The danger to life and property due to flooding or erosion damage;

2.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

3.

The danger that materials may be swept onto other lands to the injury of others;

4.

The compatibility of the proposed use with existing and anticipated development;

5.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

6.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

7.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

8.

The necessity to the facility of a waterfront location, where applicable;

9.

The availability of alternative locations not subject to flooding or erosion damage for the proposed use;

10.

The relationship of the proposed use to the comprehensive plan for that area.

(2)

Variances.

a.

Variance procedures.

1.

The board of adjustment shall hear and render judgment on requests for variances from the requirements of this section.

2.

The board of adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this section.

3.

Any person aggrieved by the decision of the board of adjustment may appeal such decision in the courts of competent jurisdiction.

4.

The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

5.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the relevant factors for variances have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

6.

Upon consideration of the factors noted above and the intent of this section, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section.

7.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

8.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

b.

Prerequisites for granting variances.

1.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

2.

Variances shall only be issued upon:

a)

Showing a good and sufficient cause;

b)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

3.

Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

4.

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

a)

The criteria outlined in this section are met; and

b)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(3)

Designation of the floodplain administrator. The town council hereby appoints the town manager as the floodplain administrator to administer and implement the provisions of this section and other appropriate sections of 44 C.F.R. (National Flood Insurance Program Regulations) pertaining to floodplain management.

(4)

Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

a.

Maintain and hold open for public inspection all records pertaining to the provisions of this section, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by supbaragraphs (1)b.—d. of this section.

b.

Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.

c.

Review, approve or deny all applications for Floodplain Development Permits required by adoption of this section.

d.

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.

e.

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this section, including proper elevation of the structure.

f.

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation.

g.

Notify, in riverine situations, adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

h.

Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

i.

When base flood elevation data has not been provided in accordance with paragraph (c)(2) of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source in order to administer the provisions of this section.

(e)

Provisions for flood hazard reduction.

(1)

General standards. In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:

a.

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

Construction materials and methods.

1.

All new construction and substantial improvements shall be by methods and practices that minimize flood damage.

2.

All new construction and substantial improvements shall be with materials resistant to flood damage.

3.

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

c.

Utilities.

1.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

2.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

3.

Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

d.

Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in paragraph (c)(2) and subparagraphs (d)(4)i. and (e)(l)e.3. of this section, the following provisions are required:

1.

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) elevated to one (1) foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in subparagraph (d)(l)b. of this section is satisfied.

2.

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the floodplain administrator.

3.

Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

a)

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

b)

The bottom of all openings shall be no higher than one (1) foot above grade.

c)

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

4.

Manufactured homes. Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

e.

Subdivision proposals.

1.

All subdivision proposals including the placement of manufactured home parks and subdivisions, shall be consistent with this section and shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

2.

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet applicable Floodplain Development Permit requirements of paragraph (d)(l) and subsection (e) of this section.

3.

Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is less, if not otherwise provided pursuant to the provisions of paragraph (2) of this subsection or subparagraph (d)(4)i. of this section.

4.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

5.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

f.

Alteration of watercourse. For all proposed developments that alter a watercourse within a special flood hazard area, the following standards apply:

1.

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition and channel migration and properly mitigate potential problems through the project, as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design;

2.

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain;

3.

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances;

4.

Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist;

5.

All activities within the regulatory floodplain shall meet all applicable federal, state and town floodplain requirements and regulations;

6.

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

g.

Properties removed from the floodplain by fill. A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) unless such new structure or addition complies with the following:

1.

Residential construction. The lowest floor (including basement) electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) must be elevated to one (1) foot above the base flood elevation that existed prior to the placement of fill;

2.

Nonresidential construction. The lowest floor (including basement) electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) must be elevated to one (1) foot above the base flood elevation that existed prior to the placement of fill or, together with attendant utility and sanitary facilities, be designed so that the structure or addition is watertight to at least one (1) foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(2)

Standards for critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

(3)

Classification of critical facilities. Critical facilities are classified under the following categories:

a.

Essential services. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities and transportation lifelines. These facilities consist of:

1.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage and emergency operation centers);

2.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions and nonambulatory surgical structures, but excluding clinics, doctors' offices and nonurgent care medical structures that do not provide these functions);

3.

Designated emergency shelters;

4.

Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio and other emergency warning systems, but excluding towers, poles, lines, cables and conduits);

5.

Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines); and

6.

Air transportation lifelines (airports [municipal and larger], helicopter pads and structures serving emergency functions, and associated infrastructure [aviation control towers, air traffic control centers and emergency equipment aircraft hangars].

Specific exemptions to this category include wastewater treatment plants (WWTP), nonpotable water treatment and distribution systems and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the community governing body that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this section, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the community governing body on an as-needed basis upon request.

b.

Hazardous materials facilities. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:

1.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

2.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

3.

Refineries;

4.

Hazardous waste storage and disposal sites; and

5.

Above-ground gasoline or propane storage or sales centers.

Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the workplace, and the chemicals stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: Either five hundred (500) pounds or the TPQ listed (whichever is lower) for the three hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or ten thousand (10,000) pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010), and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010), are incorporated herein by reference and include the regulations in existence at the time of the promulgation the ordinance codified herein, but exclude later amendments to or editions of the regulations.

Specific exemptions to this category include: Finished consumer products within retail centers, households containing hazardous materials intended for household use and agricultural products intended for agricultural use; buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public; pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this section.

c.

At-risk population facilities. At-risk population facilities include medical care, congregate care and schools. These facilities consist of:

1.

Elder care (nursing homes);

2.

Congregate care serving twelve (12) or more individuals (day care and assisted living);

3.

Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving twelve (12) or more children.

d.

Facilities vital to restoring normal services including government operations. These facilities consist of:

1.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

2.

Essential structures for public colleges and universities (dormitories, offices and classrooms only).

These facilities may be exempted if it is demonstrated to the community governing body that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this section, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the community governing body on an as-needed basis upon request.

(4)

Protection of critical facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of this section, protection shall include one (1) of the following:

a.

Location outside the special flood hazard area; or

b.

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two (2) feet above the base flood elevation.

(5)

Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the community governing body, have continuous noninundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(Ord. 14-01 §4, 2014)

(Ord. No. 15-14, 11-18-15; Ord. No. 16-11, §§ 1, 4, 12-7-16)

(a)

Except as set forth in paragraphs (b) and (c) below, within the town, it is unlawful for a dumpster to be placed, kept, or used as follows:

(1)

For any single-family residential and two-family dwelling;

(2)

Within any R-1 zone district; and

(3)

For any single-family residential and two-family dwelling within any R-2 zone district.

(b)

Dumpsters may be allowed for any single-family or two-family dwelling in any zone district for remodeling or repairing of residence where a building permit is not needed, or for general property clean up, and for a time period not exceeding one (1) month per year, provided the town has issued a dumpster permit pursuant to paragraph (e) below.

(c)

Dumpsters are allowed in a residential zone district under the following circumstances and no permit is required.

(1)

During the initial construction of a residential dwelling or during the construction of additions or improvements to an existing residential dwelling provided that:

a.

A valid building permit has been issued for construction on the property; and

b.

The dumpster is removed from the property not more than thirty (30) days after the issuance of a certificate of occupancy for such property.

(2)

For any single-family or two-family dwelling in an agriculturally zoned district.

(3)

For any commercial or other nonresidential use in a residentially zoned district, but such commercial or other nonresidential use that allows for the use of a dumpster shall not include any authorized home occupations.

(4)

For multiple-family dwellings and in mobile home parks; provided, however, no more than one (1) dumpster for every four (4) units in any such multiple-family dwelling or mobile home park is allowed.

(d)

Dumpster use criteria. The following criteria shall be met in order to use a dumpster in the town:

(1)

Dumpsters shall have an attached lid that covers the top of the dumpster in its entirety unless it is a roll-off used temporarily in concurrence with an active building permit or used temporarily in concurrence with a dumpster permit.

(2)

Dumpsters shall be located on private property and shall not be placed in the public right-of-way.

(3)

It is unlawful to have debris or other material overflowing from a dumpster and such a condition is declared to be a public nuisance under this chapter 7, article 2, of this Code, as amended.

(e)

The town shall deny a dumpster permit application if the proposed dumpster does not fit within the allowed uses or criteria set forth in paragraphs (b) and (d), above.

(Ord. 10-08 §2, 2010)

(Ord. No. 23-11, § 1, 9-6-23)

(a)

An access permit shall be required from the town for construction, expansion or alteration of any driveway or other point of access onto a public street.

(b)

All requests for access permits shall be submitted on forms provided by the town and shall be accompanied by the following:

(1)

A dimensioned drawing or drawings, showing the dimensions of the proposed access; distances from lot lines, other accesses and intersecting streets; dimensions and location of any obstructions that might impede viewing of oncoming traffic; and detailed construction plans.

(2)

A drawing of proposed culverts or other drainage facilities.

(3)

A description of the existing and/or proposed land uses that will use the proposed access.

(4)

If required, a traffic study prepared by a qualified engineer describing existing conditions on the street being accessed, the impacts of the proposed access, and traffic facilities that should be required to mitigate the anticipated impacts.

(5)

Other information as might be required by the town to ensure installation of a safe and properly designed access.

(6)

An application fee as adopted by the town by resolution of the town council, plus a deposit, if required, sufficient to reimburse the town for a technical review of the application, pursuant to section 16-8 of this chapter.

(c)

Accesses to public streets shall conform to the requirements of the Town of Hudson Standards and Specifications for the Construction of Public Improvements, as it may be revised from time to time.

(d)

Exceptions. Accesses to public streets that are depicted on site plans or other land use approvals for which access has specifically been approved pursuant to this chapter.

(Ord. 10-08 §2, 2010; Ord. 13-13 §42, 2013)

(Ord. No. 16-11, § 1, 12-7-16)

The town council is authorized to name public streets within the town by resolution or by plat.

(Ord. No. 16-05, § 1, 6-15-16)