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The Data Center Divide

Town of Hayden

Anti-Data Center Policies

Hayden’s enacted ordinance is described in the rationale as a draft; its stated rules limit data centers to Industrial districts and require discretionary conditional-use approval.

current law · Town of Hayden
Requires data centers to get special approval—a conditional use permit—in zoning districts where they’re allowed.Hayden Ordinance 749 (2026)

What this means

The draft allows data centers only in the Industrial district and requires a conditional use permit, adding a discretionary approval step. These limits create significant barriers to building or expanding data centers elsewhere.

People behind it

  • Legislative body authorized to adopt and amend the Development Code and responsible for introducing, approving, adopting, and ordering publication of the ordinance and resolution.

  • Administrative official responsible for administering, interpreting, reviewing, and enforcing the Development Code.

  • Town Clerk responsible for authenticating and recording the ordinance and its publication process.

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  • Required signatory for authentication of the adopted ordinance.

Restrictions & requirementsHide restrictions & requirements17
  • Data centers are allowed only with a Conditional Use Permit, rather than ordinary site-plan or building-permit review.

  • An Administrative Site Plan is required before development begins, including constructing, altering, or moving a building or structure. The review covers zoning, easements, grading, public improvements, adequate public facilities, and significant impacts such as traffic, lighting, noise, odor, and dust.

  • Administrative Site Plan applications must be reviewed concurrently with Building Permit applications, and changes of use involving modifications to an existing structure may also require a Building Permit.

  • The Manager may require additional studies or reports, including analyses of soils, geological hazards, fiscal impacts, market conditions, traffic, or environmental impacts. The applicant must pay for those studies and any required independent peer review.

  • Applicants must pay development review fees, including administrative, peer-review, inspection, notice-publication, consultant, and study costs. Independent consultant and study fees may include an additional 15 percent administrative charge.

  • The Manager may stop processing an application when review fees are insufficient. If requested additional fees are not provided within 45 days, the application is deemed abandoned and a new application with full fee payment is required.

  • The Town may require all application review costs to be paid within 35 days after final approval; failure to pay may make the approval null and void. Unpaid fees become past due after 30 days, accrue interest at 1 percent per month, and may become a property lien.

  • A complete application must be submitted through the Town's digital platform, with application fees paid before processing begins. The Manager must determine completeness within 15 business days, but may require additional information.

  • Incomplete applications must be updated within 45 days, subject to a possible one-time extension. Otherwise, the application is deemed abandoned, archived, and associated fees are forfeited.

  • Applicants must continuously and diligently pursue applications. If an applicant does not respond to staff comments or requests for four months, the Manager may withdraw the application unless a written extension is approved for good cause.

  • Development approvals generally expire two years after approval if a Building Permit has not been issued, unless a different period applies or the reviewing authority grants an extension.

  • If an approval or permit is revoked, expires, or becomes invalid, later development or use must comply with the Development Code then in effect rather than the standards that applied when the prior approval was issued.

  • Development or construction in FEMA Special Flood Hazard Areas mapped as Zones A or AE requires a Flood Hazard Area Permit, which may be issued or denied after review of flood hazards, access, utilities, flood risks, alternative locations, and cumulative impacts.

  • Data centers must continuously maintain all applicable local, state, and federal approvals, licenses, and permits; failure to do so violates the Development Code.

  • Data centers subject to operational standards of a governmental agency, including Hayden Municipal Code or Colorado Department of Public Health and Environment requirements, must continuously comply with those standards.

  • Violations may result in civil fines of up to $1,000 per violation, with each day of continuing violation treated as a separate offense. Unpaid fines and penalties may become property liens.

  • For nonemergency violations, the owner, occupant, agent, or permit applicant generally has 30 days to correct the violation. The Manager may issue a stop-work order, after which only corrective or compliance work may continue.

Benefits & exceptionsHide benefits & exceptions12
  • The use table recognizes data centers as an allowed land use in districts marked “C,” allowing them to be approved through the Conditional Use Permit process rather than prohibited, subject to applicable conditional-use requirements and industrial standards.

  • Construction, alteration, enlargement, or a change in use may be reviewed through an Administrative Site Plan decided by the Town Manager instead of a public-hearing body. The review occurs concurrently with the Building Permit application, subject to site-plan criteria and mitigation of significant adverse impacts.

  • The Town Manager may allow multiple development applications for the same property to be reviewed concurrently, if public-notice requirements are met and no more than one application of each type is reviewed at the same time.

  • A complete application must receive a completeness review within 15 business days. If materials are missing, the applicant generally has 45 days to provide them, with a possible one-time extension, instead of immediately restarting the application.

  • An approved Administrative Site Plan may become a site-specific development plan with a vested property right if the applicant requests vesting, required statutory language is included, and the approval is properly recorded and noticed. The vested right protects development and use under the approved plan's terms and conditions.

  • Valid permits and approvals existing when the Development Code takes effect remain valid until expiration, and projects with valid approvals generally may proceed under the code in effect when approved, subject to expiration, revocation, invalidation, and special planned-unit-development rules.

  • Development approvals generally remain valid for two years if a Building Permit is issued before expiration. Extensions may also be available: the Town Manager and Planning Commission may grant one extension of up to one year, while the Town Council may grant multiple or longer extensions.

  • A Planned Unit Development provides a path to development that can differ from base zone-district requirements, including requirements for lot size, bulk, use type, density, lot coverage, open space, and other restrictions, subject to required Preliminary and Final PUD approvals and eligibility and review criteria.

  • Administrative Site Plan approval requires a determination that adequate public facilities support the development. Subdivision review considers potable water, sewage, electrical supply, fire protection, roads, utility capacity, and conditional-capacity letters from utilities, supporting infrastructure coordination without requiring the Town to provide the infrastructure.

  • Mechanical, electrical, and plumbing equipment, including solar panels and air conditioners or evaporative coolers, may exceed the applicable building-height limit by up to five feet, subject to the height-exception provisions.

  • Accessory solar energy systems, including ground-mounted and rooftop systems, are allowed through site-plan review in the districts identified in the use table, subject to height, location, and visibility limits.

  • Electric-vehicle charging stations are allowed through site-plan review in the districts identified in the use table, provided they use the proper transformer, are reserved for electric-vehicle charging, and do not interfere with circulation or required snow storage.

Sources

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