ORDINANCE 569 Establishing Temporary Moratorium on Establishments of RV Parks

ORDINANCE NO. 569

AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, COLORADO ESTABLISHING

A TEMPORARY MORATORIUM ON THE ESTABLISHMENTS OF RV PARKS IN THE TOWN OF HOLLY OR OUTLYING AREAS

REQUIRING TOWN OF HOLLY UTILITIES, AND DECLARING AN EMERGENCY

WHEREAS, the Town of Holly is a statutory municipal corporation created and organized in accordance with applicable Colorado Revised Statutes; and

WHEREAS, the Town of Holly has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its citizens per Colorado Revised Statutes 31-15-401 and 31-23-301; and

WHEREAS, pursuant to Section 31-23-301 of the Colorado Revised Statutes, such police powers include power to regulate the location and use of land within the community; and

WHEREAS, temporary suspensions and moratoria for land uses are judicially approved as a method or means of enabling local governments to plan for, regulate and protect the health, safety, and welfare of the community; and

WHEREAS, an RV Park is any use of land that has or allows one or more RV campers or temporary motor homes or shelters on a designated lot within the town limits; whether the term of stay is short or long; and

WHEREAS, suspending the Town’s acceptance, processing and issuance of approvals or permits for new land use that would qualify as an RV Park is determined to be prudent and reasonable as such suspension is temporary in nature and intended only to afford the Town the opportunity to consider and amend its regulations as needed; and

WHEREAS, the Town possesses the power and authority to impose a temporary moratorium on the acceptance or processing of applications for new land uses and to temporarily limit the issuance of approvals and permits for specific land uses to review and consider how such land uses may be accommodated and approved to best advance the health, safety, and welfare of the Town of Holly; and

WHEREAS, the Town of Holly Board of Trustees hereby legislatively determines that temporarily suspending the acceptance or processing of applications and the issuance of approvals and permits for RV Parks is in the best interest of the health, safety, and welfare of the community and its citizens.

NOW, THEREFORE, THE TOWN OF HOLLY BOARD OF TRUSTEES ORDAINS:

Section 1. Temporary Suspension and Delay Enacted. The Town of Holly hereby imposes a temporary suspension and delay (moratorium) on the acceptance or processing of any form of application or request for approval, including building permits which would authorize or establish an RV Park. This temporary suspension and delay shall automatically terminate at midnight on December 31, 2026, unless terminated earlier by the Board of Trustees or extended in its duration by the enactment of another ordinance. This Ordinance and the temporary suspension and delay imposed hereby shall be self-executing without further action by the Board of Trustees.

Section 2. Exclusions from Moratorium. This Ordinance and the temporary suspension and delay imposed by this Ordinance shall not apply to any use that is a lawfully recognized vested property right pursuant to: (i) Colorado common law (i.e., generally established by issuance of a building permit and reasonable reliance upon such permit); or (ii) pursuant to a final approved application for vested rights; or (iii) or pursuant to an annexation, development, or other agreement approved by the Town.

Section 3. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgement shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable.

Section 4. Emergency Declared; Effective Date. The Town of Holly hereby legislatively declares that the passage of this Ordinance is necessary for the immediate preservation of the public peace, health or safety. Absent passage of this Ordinance as an Emergency Ordinance, the Town risks the submission of applications for RV Parks and the processing of such proposed uses with the existing regulations do not likely address the potential impacts of RV Park business uses in a comprehensive or fully reasoned manner. This Ordinance shall become effective immediately upon adoption.

Section 5. Safety Clause. The Board of Trustees hereby finds, determines, and declares that this Ordinance is promulgated pursuant to the Town’s statutory authority under the general police power of the Town of Holly, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Board of Trustees further determines that this Ordinance bears rational relation to proper legislative objectives sought to be obtained.

INTRODUCED, READ, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, COLORADO, UPON A DULY MADE MOTION, SECONDED AND PASSED AT ITS REGULAR MEETING HELD ON THE 5^th DAY OF AUGUST, 2026.

/s/ Greg Tomlinson, Mayor

ATTEST:

/s/ Cynthia S. Humrich, Clerk/Treasurer