This Chapter shall be known and may be cited as the "Nucla Land Use and Development Code," and may be referred to herein as this "Code" or "LUDC."

(Ord. No. 2023-006, 6-14-2023)

(a)

General Purposes. The purpose and intent of this Code are to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the Town of Nucla, Colorado, by using the Town's constitutional and statutory powers to:

(1)

Establish zoning districts and development standards that promote the use and development of property and balance the objectives of:

a.

Supporting the stability and improvement of established residential and business areas of the Town by protecting or improving their physical and functional integrity and character;

b.

Conserving and enhancing economic, social, cultural, recreational, and aesthetic property values; and

c.

Ensuring adequate light and air and maintaining appropriate open spaces;

(2)

Provide for a variety of housing opportunities for a diverse population;

(3)

Diversify and improve transportation options by enhancing pedestrian mobility and providing for adequate motor vehicle infrastructure, including parking;

(4)

Protect and enhance the Town's tax base by enhancing opportunities for commerce through business creation and expansion, quality building improvements, infill development, and redevelopment;

(5)

Provide for sufficient, efficient, fiscally sustainable, and cost-effective infrastructure and public and private utilities, facilities and services;

(6)

Promote public safety by securing safety from fire, flood, and other dangers through appropriate site design and adequate infrastructure and emergency services, in coordination with independent providers of public services;

(7)

Promote appropriate stewardship of natural resources, including water resources, and provide for energy conservation and the promotion of solar energy utilization;

(8)

Provide for efficient and fair development approval procedures that respect private property rights and promote appropriate development; and

(9)

Promote the efficient and responsible use of public and private resources towards the accomplishment of the purposes set out herein.

(b)

Purposes of Regulation of Signs. The purpose of the provisions in this LUDC related to signs is to set out reasonable regulations for the design, location, installation, operation, repair, maintenance, and removal of signs in a manner that advances the Town's legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the constitutionally protected right of free speech.

(c)

Purposes of Regulation of Sexually-Oriented Businesses.

(1)

The purpose of the regulations in this LUDC that apply specifically to sexually-oriented businesses is to set reasonable and uniform regulations to prevent the deleterious location and siting of such businesses, and to ensure that site and building design techniques are used to minimize adverse secondary effects, for example, by limiting views into areas of a building in which the business is operated.

(2)

The regulations have neither the purpose nor the effect of imposing an unconstitutional limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of the regulations to restrict or deny access by adults to those sexually-oriented materials that are protected by the First Amendment.

(3)

This LUDC shall not be interpreted to condone or legitimize the distribution of obscene material or other comparable material that is not protected by the First Amendment.

(d)

Other Specific Purposes. Other specific purposes of the various provisions of this Code may be expressed therein. Additional Board of Trustees findings are set out in Article VIII.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The provisions of this LUDC are authorized as provided in this Section. The Town may be authorized or required to act in additional areas from time to time. This Section is not intended, in any way, to limit the Town's ability to accept such additional authorizations or requirements.

(b)

Colorado Revised Statutes. This Code is based on authority provided by the Colorado Revised Statutes, including, but not limited to the following provisions:

(1)

C.R.S. title 31, art. 23, as amended (authority to regulate zoning, planning, subdivision, and development of land and building);

(2)

C.R.S. §§ 24-65.1-101—24-65.1-108, 24-65.1-201 to 24-65.1-204, 24-65.1-301, 24-65.1-401—24-65.1-407, 24-65.1-501, 24-65.1-502 and 34-1-301 et seq., as amended (authority to designate and administer areas and activities of state interest);

(3)

C.R.S. § 24-67-101 et seq., as amended (authority to enact regulations pertaining to planned unit development);

(4)

C.R.S. § 29-20-101 et seq., as amended (authority to regulate certain activities on, and uses of land);

(5)

C.R.S. § 25-7-112, as amended (authority to regulate to avoid various types of pollution, including water pollution, radiation, and noise);

(6)

C.R.S. § 31-12-101 et seq., as amended (authority to regulate annexation of land);

(7)

C.R.S. § 44-10-101 et seq., as amended (authority to regulate marijuana uses);

(8)

C.R.S. § 24-68-101 et. seq., as amended (authority to recognize the vesting of property rights for site-specific development orders); and

(9)

C.R.S. § 38-51-101 et seq., as amended (authority to regulate surveying practices).

(c)

United States Code. Some of the regulations in this Code are authorized or required by federal law, which may include programs that are delegated to the State of Colorado for administration. Such regulations may include, but are not limited to, flood damage prevention, pursuant to 42 U.S.C. § 4022.

(Ord. No. 2023-006, 6-14-2023)

(a)

Certain Marijuana Land Uses Prohibited. The Town of Nucla has exercised its right pursuant to Article XVIII, Section 16(5)(f) of the Colorado Constitution to prohibit the operation of certain marijuana uses as provided in Chapter 14 Article XII, Town of Nucla Code of Ordinances.

(Ord. No. 2023-006, 6-14-2023)

This Code shall not be construed to hold the Town or its authorized representatives responsible for any damage to persons or property by reason of approvals, permitting, inspection, or re-inspection authorized herein.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. No land shall be developed except in accordance with the applicable provisions of this Code. All of the following are considered "development" that is subject to the applicable requirements of this Code (including provisions related to nonconformities):

(1)

The use of any building, structure, or land (including new uses, changes in use, expansions of existing uses, and material changes to the operational characteristics of existing uses).

(2)

Construction, material alteration, major repair, relocation, or demolition of infrastructure, structures (including, but not limited to, fences, retaining walls, signs, and towers), or buildings.

(3)

Land clearing in anticipation of the construction of infrastructure, structures, or buildings for non-agricultural purposes.

(4)

Any other disturbance of land, soil, vegetation, or waterways, including excavation, fill, or other alteration of land for construction or other purposes, but not including routine landscape maintenance, gardening, residential irrigation system installation or maintenance, or ditch maintenance.

(5)

Any division of a lot or parcel of land for land development, for sale, or for lease, whether by metes and bounds, subdivision, or other technique.

(b)

Applicability to Publicly Owned Property. The provisions of this Code are applicable not only to private persons, agencies, corporations and organizations, but also to all public agencies, and organizations to the full extent that they may be enforceable under the United States Constitution and the Constitution and Statutes of the State of Colorado.

(c)

Relationship to Covenants, Conditions, and Restrictions. This Code does not abrogate private restrictions that affect the use, development, or maintenance of property. The Town has no duty to search for the existence of private restrictions on property, and the Town will not interpret, enforce, or apply private restrictions unless it is or may become a party to them.

(d)

Relationship to Referral Agencies. Certain applications may be referred to affected agencies or entities for review and comment. It is the applicant's responsibility to comply with all applicable rules and regulations. The Town may withhold hearing or approval of an application until issues between the applicant and a referral agency or entity are resolved if the Town determines that the issue affects public health or safety, or the referral agency's function or property rights.

(Ord. No. 2023-006, 6-14-2023)

This Code shall apply within the corporate boundaries of the Town of Nucla, Colorado, as may be amended from time to time, and, limited only to control with reference to a major street plan and not otherwise, shall also include all land lying within three (3) miles of the corporate boundaries of the Town and not located within any other municipality, except that in the case of any of such non-municipal land lying within five (5) miles of the Town and another municipality, the jurisdiction of the Town shall terminate at a boundary line equidistant from the respective corporate limits of the Town. This Code may also apply according to the terms of one or more applicable intergovernmental agreements.

(Ord. No. 2023-006, 6-14-2023)

The provisions of this Code may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity, and general welfare. This Code shall be interpreted to implement its stated purposes, and in such interpretations, the specific shall control the general.

(Ord. No. 2023-006, 6-14-2023)

(a)

Pending Applications.

(1)

Generally. An application for approval of a site specific development plan, as well as the approval, conditional approval, or denial of approval of such plan, shall be governed only by the duly adopted laws and regulations in effect at the time the complete application is submitted. See C.R.S. § 24-68-102.5, Applications—Approval by Local Government.

(2)

Exception. The Town may adopt a new or amended ordinance or regulation, when necessary, for the immediate preservation of public health and safety, and may enforce such ordinance or regulation in relation to applications pending at the time such ordinance or regulation is adopted. See C.R.S. § 24-68-102.5, Applications—Approval by Local Government.

(b)

Active Approvals that Pre-Date the Effective Date.

(1)

Development that was approved before the effective date may be carried out within the scope of the development approval or permit, provided that the approval is valid and has not lapsed. Where development approvals or other approvals authorize the issuance of a permit, the permit must be requested within the period that the approval is valid. Work that is authorized by permits must be commenced during the period in which the permit is valid, and then diligently pursued to completion.

(2)

Development approvals and permits that are valid on the effective date are valid until the earlier of:

a.

Their stated expiration date (or vested rights period), which may be on the face of the permit or development approval, or within related documents such as development agreements or regulations in force on the date of the approval; or

b.

Two years from the Effective Date.

(3)

Approvals for plats, variances, vacations or abandonments of easements or rights-of-way, rezonings, and development that has commenced are not terminated by this subsection.

(Ord. No. 2023-006, 6-14-2023)