The zones that are established by this Article are intended to:

(1)

Promote a range of economic opportunities that diversify the Town's economy and provide opportunities for its residents;

(2)

Respect and reinforce the fabric of the Town's neighborhoods;

(3)

Promote development that has character, scale, and quality that are compatible with the surrounding context;

(4)

Provide opportunities for commercial development to serve Town and regional residents;

(5)

Provide opportunities for development of additional land uses that create primary employment; and

(6)

Respond to constraints that are inherent in the landscape.

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

In order to implement the purposes and provisions of this Chapter, the Town hereby establishes the zones that are set out in Table 9-2-102, Zones. The acronym used to refer to the zone, as well as the general purposes of each zone, are also set out in the Table.

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

(a)

Generally. The locations of the various zones are depicted on the map entitled "Official Zoning Map of the Town of Nucla" (referred to hereinafter as "Zoning Map"). The Zoning Map is incorporated into and made part of this LUDC.

(b)

Maintenance of Zoning Map. The Zoning Map is maintained by the Administrator. The Administrator shall promptly update the Zoning Map after a rezoning ordinance is adopted.

(c)

Status of Zoning Map. The Zoning Map that is on file with the Administrator shall control in the event of a conflict between said map and any other reproduction of the Zoning Map, including, but not limited to, maps that are made available electronically.

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

(a)

Generally. The precise location of any zone boundary line shown on the Zoning Map shall be identified using the rules set out in this Section. It is the intent of the Board of Trustees that all land within the Town of Nucla be located within a zone. In the event that land within the Town exists for which no zone can be identified (even after the application of the standards in this Section), no permits for development or use of said land shall be issued until the Board of Trustees adopts an initial zoning ordinance for the land.

(b)

Conflicts Between Zoning Map and Adopted Rezoning Ordinance, After Effective Date of LUDC. Conflicts between the zone boundaries on the Zoning Map and the zoning for land that is set out in an adopted rezoning ordinance dated after the effective date of this LUDC could result from administrative or scrivener's errors. In the event of such conflict:

(1)

It is presumed that the adopted rezoning ordinance controls, and the Zoning Map shall be promptly corrected when the conflict is identified. In such a case, the Administrator shall provide written notice of the correction to the owners of property that is the subject of a zoning map correction.

(2)

The presumption may be rebutted if it is obvious that the error is within the text of the rezoning ordinance, in that:

a.

The rezoning affects property that was not the subject of the application for rezoning; or

b.

The rezoning affects only a portion of the property that was the subject of the application, the application requested rezoning for the entire property, and the application was granted without conditions that restricted the extent of the rezoning; or

c.

The legal description of the land in the rezoning ordinance does not close, but the description of the land that was intended to be the subject of the rezoning ordinance is otherwise obvious.

(c)

Identifiable Features. In the absence of a rezoning ordinance that specifies parcel boundaries, where zoning district boundary lines appear to follow identifiable features, their location shall be determined by applying the rules of this subsection in order from (1) to (5):

(1)

Rights-of-Way. Boundary lines shown as following, or approximately following, streets, alleys, or utility lines shall be construed as following the centerline of the right-of-way. Where the location of the actual streets or alleys differs from the location of corresponding streets or alleys on the Zoning Map, the location of the actual streets or alleys controls.

(2)

Property Lines. Boundary lines shown as following, or approximately following, lot lines or other property lines shown on the Zoning Map shall be construed as following such lines.

(3)

Toe or Top of Slope. Boundary lines shown as following, or approximately following, the toe or the top of a steep slope, shall be construed as following the contour line of the toe or top of slope.

(4)

Watercourses. Boundaries shown as following, or approximately following, the centerline of streams or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline. However, such movement shall not render existing development nonconforming.

(5)

Parallel to Features. Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in subsections (c)(1) through (d)(4), above, shall be construed to be parallel to such features and at such distances as are shown by the scale on the zoning map.

(d)

Un-subdivided Land or No Identifiable Feature. In the absence of a rezoning ordinance that specifies parcel boundaries, on un-subdivided land, or where a district boundary follows no identifiable feature, the location of district boundaries shall be determined by applying the following rules in sequential order, until the boundaries are known:

(1)

Text Dimensions. The boundary shall be located by reference to dimensions shown in text on the zoning map, if any.

(2)

Map Scale. The boundary shall be located using the map scale appearing on the zoning map.

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

(a)

Generally. Zoning of annexed land or land in the process of annexation is an "initial zoning."

(b)

Timing of Initial Zoning. The timing for processing and adoption of an initial zoning ordinance shall be in accordance with C.R.S. § 31-12-115. The zoning procedure may commence at any time after a petition for annexation or a petition for an annexation election has been found to be valid and in accordance with C.R.S. § 31-12-107. The initial zoning ordinance may be adopted at the same hearing as the annexation ordinance, but must be adopted and effective within 90 days after the effective date of the annexation ordinance.

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

(a)

Generally. The Board of Trustees may approve an application for rezoning if it finds that:

(1)

The policy set out in Subsection (b), below, is implemented;

(2)

The standards set out in Subsection (c), below, are met; and

(3)

One or more of the alternatives set out in Subsection (d), below are met.

(b)

Hazard Mitigation.

(1)

It is the policy of the Town not to rezone land in a manner that would tend to create or facilitate the creation of development rights or entitlements that would expose additional people or personal property to unmitigated natural or man-made hazards that are present on the Subject Property.

(2)

This policy may be waived upon a finding by the Board of Trustees that:

a.

Alternative means have been implemented (or will be implemented as a condition of development approval) to achieve a comparable or better level of hazard mitigation; or

b.

The policy is outweighed by a substantial community interest that is served by approval of the rezoning.

(c)

Compatibility and Public Benefits. All applications for rezoning shall meet all of the following standards:

(1)

The proposed zone will provide a benefit (or degree of benefit) to the community or immediate area that cannot be provided in the existing zone, and which is sufficient to offset potential adverse impacts of the proposed zone, if any;

(2)

Public facilities are addressed in at least one of the following ways:

a.

Adequate public facilities are available to serve development in the proposed zone; or

b.

The proposed zone would limit demands upon public facilities more than the existing zone; or

c.

Reasonable assurances are provided that adequate facilities will be made available to serve new development by the time the new development places demands on the facilities.

(d)

Alternative Standards. All applications for rezoning shall meet at least one of the following alternative standards:

(1)

Alternative #1. The proposed zone is more appropriate than the existing zone because:

a.

There has been a change in character or capacity of public infrastructure in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.); and

b.

The proposed zone allows for the reasonable development or redevelopment of the subject property in a manner that will be compatible with its existing or planned context.

(2)

Alternative #2. The proposed zone is more appropriate than the existing zone because:

a.

There is greater need in the Town for land in the proposed zone than the existing zone; and

b.

The proposed zone will promote a balance of land uses in the Town that will improve economic opportunity for Town residents.

(3)

Alternative #3. The proposed zone is more appropriate than the existing zone because:

a.

The existing zoning for the property was erroneously assigned; or

b.

Development has not proceeded in reliance on the erroneous zone.

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

(a)

Generally. The tables set out in this Division ("Land Use Tables") describe which land uses are allowed administratively ("Permitted Uses"), allowed administratively if certain conditions are met ("Limited Uses"), allowed after public hearing if certain conditions are met ("Conditional Uses"), and not allowed ("Prohibited Uses") in each zone.

(b)

Legend. The following symbols are used in the Land Use Tables:

(1)

"Y" means "Permitted Use." Permitted uses are subject to administrative review for compliance with the general requirements of this LUDC.

(2)

"L" means "Limited Use." Limited uses are subject to administrative review for compliance with specific standards that pertain to the use, and for compliance with general standards for all limited uses, and the general requirements of this LUDC.

(3)

"C" means "Conditional Use." Conditional uses are subject to public hearing review for compliance with specific standards that pertain to the use, general standards for all conditional uses, and the general requirements of this LUDC.

(4)

"-" means "Prohibited Use." Prohibited uses are not allowed in the specified zone.

(c)

Multiple Uses. Proposed uses that combine more than one listed use, except those that qualify as "mixed-use," shall meet the substantive and procedural requirements for each applicable listed use.

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

(a)

Generally. The Residential and Special Residential Land Uses are set out in Table 9-2-202A, Residential and Special Residential Land Uses.

(b)

Residential and Special Residential Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-202A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L1" then the use is a limited use and the standards in Subsection (b)(1) apply to the use.

(1)

Existing Buildings Only. The use is allowed in existing buildings if such buildings were originally designed for single-family residential use. Existing buildings may be modified, but new buildings shall not be constructed to accommodate the use.

(2)

Main Street Frontage Limitation. If the building has frontage on Main Street, no part of the use is allowed within 30 feet of the front building wall on the Main Street frontage unless the use is located above the Main Street ground floor. For the purposes of this standard, access stairs and publicly accessible hallways are not counted as part of the use.

(3)

Multifamily. Multifamily dwelling units are allowed in the R Zone if:

a.

No individual building contains more than eight dwelling units and the applicable standards of Section 9-3-106, Multifamily Lot and Building Standards, are met; or

b.

The multifamily use exists on the effective date of this LUDC.

(4)

Group Home. Group homes are allowed in the R, LDR, DS, GC, MU and AU Zones if they are spaced from other group homes on the same street (for corner lots, both intersecting streets), lot line to lot line, by a distance of not less than 500 feet.

(5)

Sheltered Care Facility. Sheltered care facilities may be allowed if:

a.

In the R and MU Zones, the use is separated from other uses of the same type by not less than 500 feet along the same street frontage (both sides of the street, measured from the property corners of the subject property), and not less than 150 feet in other directions (measured from the lot lines of the subject property).

b.

In the AU Zone, the subject property is at least 10 acres in area; and agriculture or outdoor recreation is a material part of the treatment program.

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

(a)

Generally. The Civic, Education, and Health Care Land Uses are set out in Table 9-2-203A, Civic, Education, and Health Care Land Uses.

(b)

Civic, Education, and Health Care Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-203A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L2" then the use is a limited use and the standards in Subsections (b)(2) apply to the use.

(1)

Place of Assembly. Places of assembly are allowed if:

a.

A place of assembly exists on the Subject Property on the effective date of this LUDC; or

b.

If the use provides services to or involves the attendance of more than sixteen people simultaneously, access to the use shall be by a street that has paved travel lanes.

(2)

Child Care Center, Small. Small child care centers are allowed in the R, LDR, and DS Zones, if:

a.

The use is provided at an existing school or place of public assembly; or

b.

No other child care centers are located within 250 feet on either side of the use along the street that it fronts (for corner lots, both intersecting streets).

(3)

Child Care Center, Large. Large child care centers are allowed in the R Zone if:

a.

The use is provided at an existing school or place of public assembly; or

b.

The subject property is not less than one acre in area, and no other child care centers are located within 250 feet on either side of the use along the street that it fronts (for corner lots, both intersecting streets).

(4)

College or University. Colleges or university campuses or field offices are allowed in the I Zone if the instruction provided or research performed within the zone is principally industrial in nature.

(5)

Higher Education/Skills Training. Vocational schools or job training centers are allowed in the GC, CCC, AU, and I Zones if:

a.

The curriculum is limited to traditional classroom instruction; or

b.

The vocational training is of a type that is permitted in the underlying zone.

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

(a)

Generally. The General Commercial and Motor Vehicle Land Uses are set out in Table 9-2-204A, General Commercial and Motor Vehicle Land Uses.

(b)

General Commercial and Motor Vehicle Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-204A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L2" then the use is a limited use and the standards in Subsections (b)(2) apply to the use.

(1)

Veterinary and Animal Facilities. Veterinary and animal facilities are allowed in the GC and CCC Zones if there are no outdoor dog runs.

(2)

Motor Vehicle Sales and Rental. Motor vehicle sales and rental is allowed in the CCC Zone if either of the following are met:

a.

The vehicles for sale are kept indoors or in an area not visible from Main Street.

b.

No more than three vehicles for sale may be kept outside in an area visible from Main Street and any additional vehicles for sale are kept indoors or in an area not visible from Main Street.

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

(a)

Generally. The Hospitality, Recreation, and Entertainment Land Uses are set out in Table 9-2-205A, Hospitality, Recreation, and Entertainment Land Uses.

(b)

Hospitality, Recreation, and Entertainment Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-205A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L2" then the use is a limited use and the standards in Subsections (b)(2) apply to the use.

(1)

Bed and Breakfast. Bed and breakfast is allowed in the R, LDR, DS, and AU Zones if the lot area of the subject property is at least 7,000 square feet.

(2)

Campground or RV Park. Campgrounds or RV Parks are allowed in the GC Zone or, subject to conditional use approval, in the AU Zone if:

a.

The use complies with CDPHE standards (6 CCR § 1010-9) for modern campgrounds;

b.

The use is surrounded by a Class B Bufferyard.

(3)

Indoor Gun Ranges. Indoor gun ranges are allowed if noise generated by the use will comply with the standards contained in C.R.S. § 25-12-103, Maximum permissible noise levels, and the use is designed to prevent ricochets and minimize lead hazards, including airborne lead dust hazards.

(4)

Sexually-Oriented Business. Sexually-oriented businesses are allowed in the GC Zone and I Zone if:

a.

All activities related to the business are conducted indoors;

b.

The use is spaced not less than 500 feet, measured as the shortest distance from the property line of the use to the nearest property line of schools and child care centers that are located within the Town limits;

c.

Access to the use is configured to allow for verification of age of customers before entry into rooms where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur; and

d.

The interior of the use is configured so that sexually-oriented activity, sexually-oriented merchandise, and depictions of said activity or merchandise, are not visible from outside of the building through windows or doors.

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

(a)

Generally. The Industry, Transportation, Storage, and Disposal Land Uses are set out in Table 9-2-206A, Industry, Transportation, Storage, and Disposal Land Uses.

(b)

Industry, Transportation, Storage, and Disposal Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-206A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L2" then the use is a limited use and the standards in Subsections (b)(2) apply to the use.

(1)

Heavy Industry and Heavy Logistics. Heavy industry and heavy logistics are allowed in the I Zone if:

a.

A truck routing plan is provided that shows how trucks will avoid streets that provide access to single-family detached and duplex uses;

b.

Noise generated by the use will comply with C.R.S. § 25-12-103, Maximum permissible noise levels; and

c.

Outdoor storage and processing areas and truck or trailer storage areas shall be screened from view from residential zones and public rights-of-way with a Class B Bufferyard.

(2)

Light Industry. Light industry is allowed in the GC Zone and in the CCC Zone if:

a.

The use occurs in conjunction with on-site retail, demonstration, or display of the products made; and

b.

Noise generated by the use will comply with C.R.S. § 25-12-103, Maximum permissible noise levels.

(3)

Resource Extraction, Minerals. Mineral resource extraction is allowed if:

a.

All extraction activities shall be in accordance with an adopted Master Plan for Extraction. See Sec. 9-4-703, Master Plan for Extraction.

b.

The use shall be enclosed within a Class C Bufferyard.

c.

A truck routing plan is provided that shows how trucks will avoid streets that provide access to single-family detached and duplex uses.

d.

Noise generated by the use will comply with C.R.S. § 25-12-103, Maximum permissible noise levels.

e.

Existing tree stands shall be preserved to the extent practicable as a method of screening the operation from adjacent public streets.

f.

Access points and interior vehicular use areas shall be designed and maintained to limit airborne dust and erosion, and to prevent tracking of debris onto public rights-of-way.

(4)

Airport. Airports are allowed in the I Zone if:

a.

A master plan for the airport and a forecast of aviation activity is provided that demonstrates that the proposal is designed to minimize the impact on existing and approved residential uses by:

i.

Minimizing the number of residences that are brought within the 55 DNL noise zone;

ii.

Ensuring that residential uses do not come within the 65 DNL noise zone unless they are subject to an appropriate aviation easement; and

iii.

The airport's safety zones are situated so that the airport will not materially interfere with the anticipated development of the Town; and

b.

The airport will not interfere with safety or operations at existing airports, heliports, or helistops; and

c.

The airport complies with all applicable federal regulations.

(5)

Helistop. Helistop is allowed in the I Zone if:

a.

The helistop is intended to serve a nonresidential land use on the subject property (e.g., a hospital);

b.

A forecast of aviation activity and noise impacts is provided that demonstrates that the proposal is designed to minimize the impact on existing and approved residential uses by:

i.

Minimizing the number of residences that are brought within the 55 DNL noise zone; and

ii.

Ensuring that residential uses do not come within the 65 DNL noise zone unless they are subject to an appropriate aviation easement;

c.

Safety zones are situated so that the helistop will not materially interfere with the anticipated development of the Town;

d.

The helistop will not interfere with safety or operations at existing airports, heliports, or helistops; and

e.

The helistop complies with all applicable federal regulations.

(6)

Outdoor Storage Yard. Outdoor storage yards are allowed:

a.

In the I Zone if the outdoor storage yard complies with the standards set out in Section 9-3-404, Outdoor Storage.

b.

In the GC Zone if an outdoor storage yard exists on the Subject Property on effective date of this LUDC.

(7)

Transfer Station. Transfer stations are allowed in the I Zone, subject to the following:

a.

The use shall be enclosed within a Class C Bufferyard.

b.

A heavy truck routing plan is required. See Sec. 9-4-702, Heavy Truck Routing Plan.

c.

Noise generated by the use shall comply with C.R.S. § 25-12-103, Maximum permissible noise levels.

d.

All waste shall be stored in an enclosed building, except that palletized materials may be stacked outdoors provided that they are secured against being blown or washed away.

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

(a)

Generally. The Utility and Communications Land Uses are set out in Table 9-2-207A, Utility and Communications Land Uses.

(b)

Utility and Communications Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-207A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L2" then the use is a limited use and the standards in Subsections (b)(2) apply to the use.

(1)

Major Utility Facilities.

a.

No new transmission lines shall be installed without a certificate of public convenience and necessity from the Colorado Public Utilities Commission, or an exemption certification. To the extent practicable, new transmission lines shall be located within existing transmission easements or routed outside of the Town limits.

b.

New transmission lines that are not located within existing transmission easements shall be routed to minimize their impact on the natural resource and scenic values of the Town, according to the following priorities, in descending order:

i.

Minimize impacts of structures, construction, and maintenance on residential neighborhoods;

ii.

Minimize impacts of structures, construction, and maintenance on views of the natural environment;

iii.

Minimize impacts of structures, construction, and maintenance on historic resources; and

iv.

Minimize visual impacts using existing topographic features and existing stands of trees as screens between the route and areas of existing development within the Town.

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

(a)

Generally. The Agricultural Land Uses are set out in Table 9-2-208A, Agricultural Land Uses.

(b)

Agricultural Use-Specific Standards. Where one or more numbers are shown next to an "L" or a "C" in Table 9-2-208A, the corresponding limited or conditional use standard (or standards) of this subsection applies to the use. For example, if an entry in a cell of the table is "L2" then the use is a limited use and the standards in Subsections (b)(2) apply to the use.

(1)

Keeping and Pasturing of Livestock. Keeping and pasturing of livestock must comply with Code of the Town of Nucla, Chapter 6, Animals.

(2)

Wholesale Nursery or Greenhouse. Wholesale nurseries or greenhouses are allowed in AU Zone and the I Zone if:

a.

Greenhouses and nursery storage buildings are set back according to the requirements that apply to principal buildings.

b.

Active areas of open air nurseries are spaced not less than 100 feet from residential zones and uses, measured as the shortest distance from the nearest edge of the part of the nursery that is used to grow plants for sale to the property line of the residential zone or use.

c.

Areas that are used to store bulk landscape materials (e.g., sand, soil, pea gravel, and wood mulch) are designed to prevent the materials from being blown or washed away.

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

The following uses are prohibited in all zones within the Town of Nucla:

(1)

Disposal of radioactive wastes;

(2)

Utility scale fossil fuel power generation;

(3)

Intensive agriculture;

(4)

Marijuana uses;

(5)

Nuclear power generation;

(6)

Slaughterhouse;

(7)

Outdoor gun range; and

(8)

Salvage or junk yard.

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

(a)

Generally. If a proposed use is not listed in the land use tables of Sections 9-2-201 to 9-2-208, inclusive, or in Section 9-2-209, then the proposal shall be evaluated pursuant to this Section. The evaluation will determine whether the proposal is a permitted, limited, conditional, or prohibited use, or whether it is something other than a principal use as such is defined by this LUDC.

(b)

Findings and Intent.

(1)

The Board of Trustees recognizes that there is a middle-ground between the position that "all uses that are not specifically permitted by the LUDC are prohibited" and the position that "all uses that are not specifically prohibited by the LUDC are allowed." The Board of Trustees finds:

a.

The former places too much burden on the right to use property, and is therefore not consistent with the values of the residents of the Town; and

b.

The latter would frustrate the purposes and administration of this LUDC by inviting arguments regarding whether a particular use is included in the list of uses regulated by this LUDC and creating uncertainty that undermines the stability upon which many residents and businesses depend for their lifestyles and livelihoods.

(2)

This Section is intended to provide a "middle ground." It is the intent of this Section to create sufficient flexibility to allow for property owners to establish new uses that are not specifically identified in this LUDC, without placing upon the property owner the burden of waiting for the Town to initiate and process an ordinance amending this LUDC.

(3)

This Section should be interpreted to favor the establishment of the new use. Accordingly, if a new use meets the threshold determination under subsection (d), below, and is comparable to two or more listed uses, then the listed use which is allowed with the least process shall be selected as the comparable use.

(4)

It is the intent of the Board of Trustees to provide flexibility, but not to allow this Section to be used to avoid the application of this LUDC. Likewise, it also is the intent of the Board of Trustees that this Section not be used to create rules and regulations that are not part of this LUDC.

(c)

Application.

(1)

The first step of this process (the "Threshold Determination" in subsection (d), below) is to determine whether a proposed use is a principal use under this LUDC, and not something else (like a temporary use or a structure) that should be allowed without Town approval or with a more limited administrative review (e.g., a staff review, a building permit, etc.).

(2)

If a proposed unlisted use is a principal use, then it is the intent of Town Board of Trustees that it be approved in the same manner and under the same conditions as the single listed use to which the proposed use is most closely functionally comparable (see subsection (e), below).

(3)

If a proposed unlisted use is not a principal use, then it is the intent of the Board of Trustees to ensure that it is classified appropriately as a temporary land use, an accessory use, a part of an existing principal use, an accessory building or structure, or a sign. That classification shall be used to determine if any requirements of this LUDC apply.

(d)

Threshold Determination.

(1)

The Administrator shall review the description of the proposed use and decide whether the proposed use is:

a.

A principal land use;

b.

A temporary land use;

c.

An accessory use;

d.

An accessory building or structure;

e.

A sign;

f.

Mechanical, water, wastewater, electrical equipment, or communications equipment which provides services to a building or use on the applicant's property and not to other properties;

g.

Essential services; or

h.

An area or activity that is a customary part of the existing or approved principal use of the applicant's property.

(2)

Proposed principal land uses shall be evaluated according to the standards of subsection (e), below. Other classifications (listed subsections (d)(1)b. to (d)(1)h., above) do not require further analysis under this Section, but may be subject to other requirements of this LUDC according to its terms, or to the Building Codes, or to other parts of the Municipal Code.

(e)

Functionally Comparable Principal Uses. New or changed principal uses are permitted, limited, conditional, or prohibited in the same manner as uses to which they are most closely functionally comparable. An unlisted use is functionally comparable to a listed use if, with regard to each of the decision criteria below, the unlisted use is categorically similar (e.g., a residential use is not "functionally comparable" to an industrial use, even if it could otherwise meet the standards of this subsection) and has no greater negative impacts than listed use to which it is being compared:

(1)

Average daily and peak hour trip generation (personal vehicles and heavy trucks);

(2)

Impervious surface;

(3)

Regulated air or water emissions;

(4)

Noise;

(5)

Ground vibration;

(6)

Exterior lighting;

(7)

Dust;

(8)

Odors (including, but not limited to, odors from storage of solid wastes prior to pickup);

(9)

Potentially hazardous conditions (such as risk of fire or explosion, projectiles leaving the site, etc.);

(10)

Use and storage of hazardous materials;

(11)

Secondary impacts on the community (e.g., increased crime or threats to public health, or degradation of historic resources); or

(12)

Implementation of the Comprehensive Plan.

(f)

Effect of Determination.

(1)

If the Administrator finds that an unlisted use is most closely functionally comparable to a permitted, limited, or conditional use, then an application for approval of the unlisted use at a particular location shall be processed with the same restrictions as the listed use that is functionally comparable.

(2)

If the Administrator determines that an unlisted use is most closely functionally comparable to a prohibited use, or is not functionally comparable to any listed use, then the unlisted use is a prohibited use.

(g)

Record-Keeping; Proposed Amendment. The Administrator shall keep a record of all determinations of functionally comparable uses. The Administrator may propose an amendment to this LUDC to incorporate such uses into existing use definitions, or to add new land uses and revise the land use tables accordingly.

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

Essential governmental or public utilities services are allowed in all zones.

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

(a)

Purpose. The purpose of this Division is to promote compatibility among land uses in the Town by establishing standards for specific uses that are designated as Limited ("L") or Conditional ("C") in the tables of Division 2-2, Land Use.

(b)

Application.

(1)

In zones where a land use is designated as a Limited Use ("L") in the tables of Division 2-2, Land Use, the limited use shall be approved if:

a.

The standards of this Division that relate to the use in the zone in which the subject property is located are met; and

b.

All other requirements of this LUDC are met.

(2)

In zones where a land use is designated as a Conditional Use ("C") in the tables of Division 2-2, Land Use, the conditional use shall be approved if:

a.

The standards of this Division that relate to the use in the zone in which the subject property is located are met;

b.

The general standards for all conditional uses that are set out in Section 9-2-302, General Standards for All Conditional Uses, are met; and

c.

All other requirements of this LUDC are met.

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

(a)

Generally. All conditional uses shall meet the standards of this Section related to plan implementation, compatibility, and community need.

(b)

Plan Implementation. The proposed conditional use in its proposed location will not conflict with the implementation of current adopted plans of the Town, including, but not limited to, the Comprehensive Plan;

(c)

Compatibility. The conditional use:

(1)

Will not be unreasonably disruptive to the use and enjoyment of surrounding property;

(2)

Is proposed for a location that is appropriate in terms of mitigating the impacts or risks of the use to the natural environment, or the environmental impacts or risks are mitigated through the design or the operation of the use; and

(3)

Will not materially disrupt the physical character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them).

(d)

Community Need. The conditional use, in the proposed location, will:

(1)

Address a material need for the use in the community; or

(2)

Create jobs that are likely to pay more than the median wages for the region; or

(3)

Support a critical mass of related and mutually supportive land uses that promote economic development and opportunity.

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

(a)

Generally. Temporary Use Permits are required for:

(1)

A travel home occupied as a dwelling unit for more than 30 days in any calendar year.

(2)

Temporary special events that are likely to attract more than 250 people at any one time.

(b)

Exceptions. This Division does not apply to:

(1)

Use of a travel home as a dwelling unit for 30 days or less in any calendar year;

(2)

Pre-approved temporary uses (which are subject to the standards set out in the applicable site plan or other approval and not the standards of this Division); and

(3)

Special events held on-site at public schools.

(c)

Conditions of Approval.

(1)

Conditions of approval may be imposed by the Administrator if deemed necessary to minimize the potential adverse impacts of a temporary use on neighboring properties, public streets, or the Town, or to reduce hazards to the public or event participants.

(2)

Such conditions shall not relate to the content of or viewpoint expressed in constitutionally protected speech, except where a statute so authorizes (e.g., statutes that protect minors from speech that is harmful to minors) or a court of competent jurisdiction has upheld such conditions.

(3)

Generally, conditions of approval may include, but are not limited to, the following:

a.

Modification of, or restrictions on, the duration or hours of operation of an event or other temporary use.

b.

Arrangements for the provision of services or equipment, such as traffic control or security personnel, fire protection, emergency response personnel, or specialized equipment that is reasonably needed to ensure safe operation of the temporary use or event.

c.

Additional insurance, based on the scale and risks involved with the use or event.

(d)

Denial of Temporary Use Permit. The Town may refuse to issue a temporary use permit if the application does not demonstrate compliance with the applicable standards of this Division, or if proposed use or event is too large to be safely conducted on the Subject Property.

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

(a)

Occupancy for More Than 30 Days. A travel home may be temporarily occupied as a dwelling unit for more than 30 days in any calendar year if all of the following are met:

(1)

During the period in which a dwelling unit is actively being constructed or installed on a subject property, provided that the occupant of the travel home is the owner of the property upon which the construction is occurring, or a contractor who is constructing the dwelling unit. Use of the travel home during construction of a dwelling unit shall terminate the earlier of:

a.

A termination date specified in the temporary use permit (or if not specified, one year after the use of the travel home as a dwelling unit commenced); or

b.

When a certificate of occupancy or temporary certificate of occupancy has been issued for the dwelling unit; or

c.

Expiration of the building permit for the dwelling unit.

(2)

No more than one permit for temporary use of a travel home as a dwelling unit may be active with respect to a subject property at any given time.

(3)

The travel home is connected to and served by to central sewer, public water, and electric utilities.

(4)

The travel home is registered, insured, and in operating condition (capable of transport on highways).

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

(a)

Generally. The standards of this Section apply to temporary use permits for special events. Such events may include outdoor entertainment, cultural, religious, political, or charitable events, athletic competitions, craft shows, farmers' markets, and comparable events.

(b)

Standards for Approval of Temporary Use Permits for Special Events.

(1)

General Site Requirements. The event shall be held on a site that is suitable for safely accommodating the expected level of attendance.

(2)

Sanitation. Adequate restrooms and trash containers shall be provided to serve the event.

(3)

Access, Circulation and Parking.

a.

Ensure safe access to the special event and parking areas and ensure safe operation of streets affected by the event.

b.

Safe on-site vehicular and pedestrian circulation routes shall be identified and unobstructed emergency access shall be provided.

c.

The number of parking spaces available for the temporary special event shall be sufficient to accommodate the peak demands of the event.

(4)

Noise. Noise generated by the event shall not exceed applicable limitations set forth in C.R.S. § 25-12-103, Maximum permissible noise levels.

(5)

Buildings and Structures. If existing buildings are used, they must be in a condition that is safe and appropriate for the intended level of use and occupancy.

(6)

Security. Adequate security shall be provided for the proposed temporary special event.

(7)

Duration. No individual special event shall be longer than 7 days.

(8)

Restoration and Cleanup. The site of the temporary special event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event. The Town may require a refundable deposit for clean-up.

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

(a)

Generally. Temporary buildings and temporary construction uses are those uses that relate to construction activities or the temporary expansion of an existing permanent use into a portable building. In general, such buildings and uses require a temporary use permit. Temporary storage containers and dumpsters that are kept on private property do not require a temporary use permit.

(b)

Standards for Approval of Temporary Use Permits for Temporary Buildings and Temporary Construction Uses. The standards that apply to approvals of Temporary Use Permits for temporary buildings and temporary construction uses are set out in Table 9-2-404A, Standards for Approval of Temporary Buildings and Temporary Construction Uses.

(c)

Extension of Approvals. Approvals pursuant to this Section may be extended upon demonstration of good cause, appropriate maintenance, extension of any required surety, and diligent pursuit of the purposes for which the temporary uses were established. Applications for renewal of a temporary use permit shall be submitted to the Administrator at least seven days before the permit expires.

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

(a)

Generally. The accessory use of a dwelling unit for business purposes is allowed pursuant to the standards of this Section. These regulations do not apply to residential buildings that have been legally converted to commercial uses.

(b)

Continuation of Established Business Use of the Home. Any lawful business use of the home that is operating on the effective date shall be permitted to continue notwithstanding the provisions of this Section; provided, however, that such use is not expanded or modified in a manner that creates a greater impact on the neighborhood in terms of noncompliance with subsection (c), below. Future expansions or modification of the principal building or use, or change in the business license shall thereafter comply with all applicable provisions of this LUDC.

(c)

Requirements and Limitations. Home occupations are allowed as an accessory use to any residential use, provided that the following standards are met:

(1)

Home occupations must be subordinate to the use of the property as a residence.

(2)

Home occupations shall be operated entirely within an enclosed building. Exterior storage of materials or equipment is not allowed.

(3)

There shall be no visible evidence of the operation and it shall not change the residential character of the buildings on the subject property.

(4)

The residential building must include complete facilities for residential use (i.e., kitchen, living room, bathroom and bedroom).

(5)

Not more than two employees who do not reside on the subject property may work at the subject property at any given time.

(6)

The home occupation shall not be hazardous due to odor, dust, smoke, noise, vibration, risk of fire or explosion, or other similar impacts.

(7)

The following uses, because of their tendency to go beyond the limits permitted for home occupations and thereby impair the use and value of the residential area, shall not be permitted as home occupations:

a.

Auto repair or motorized implement repair;

b.

The painting of vehicles, trailers or boats;

c.

Motor vehicle towing operations;

d.

Dance, music or other types of instruction (if more than four students are being instructed at one time);

e.

Dental offices;

f.

On-site firewood sales or storage of more than eight cords (1,024 cubic feet) of firewood that is for sale;

g.

Firewood processing;

h.

Medical offices;

i.

Private schools with organized classes;

j.

Barber or beauty shops having more than one chair;

k.

Welding shops;

l.

Nursing homes;

m.

Pawn brokering; and

n.

On-site retail sales that are open to the public without appointment.

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

(a)

Generally. An application for a permitted use requires issuance of a Use Permit or Change in Use Permit and LUDC Compliance Approval to certify compliance with this Code. The Use Permit or Change in Use Permit and LUDC Compliance Approval shall be approved if the application demonstrates compliance with the applicable standards set forth in:

(1)

Article II—Zones and Land Use.

(2)

Article III—Lot, Building, and Structure Standards.

(3)

Article IV—Site Design Standards.

(b)

Application and Process.

(1)

All applications for a Use Permit or Change in Use Permit and LUDC Compliance Approval will be reviewed administratively in accordance with Article VI, Development Review and Enforcement.

(2)

The Administrator shall issue a Use Permit or Change in Use Permit and an LUDC Compliance Approval upon verification that the proposed permitted use will be in compliance with the applicable requirements of this LUDC.

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