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GARFIELD COUNTY, COLORADO Article 3: Zoning CODE COMMITTEE RECOMMENDATION DRAFT REDLINE SEPTEMBER 4, 2012 ULUR 2008
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-I ARTICLE 3 ZONING TABLE OF CONTENTS DIVISION 1. General Provisions. ................................................................
........................... 1 SECTION 3-101. Establishment of Basic Zone Districts. .................................................. 1 A. Rural (R). ................................................
........................................................................ 1 B. Commercial, General (CG). ............................................................................................
1 C. Commercial, Limited (CL). .............................................................................................. 1 D. Industrial (I). ....................................................
............................................................... 1 E. Public Lands (PL). ..........................................................................................................
1 F. Public Airport (PA). ......................................................................................................... 1 G. Residential -Manufactured Home Park (RMHP). ..................
........................................ 1 H. Residential – Suburban (RS).......................................................................................... 2 I. Residential –
Urban (RU). .............................................................................................. 2 J. Resource Lands. .......................................................................
..................................... 2 SECTION 3-102. Establishment of Overlay Districts. ........................................................ 2 A. Floodplain Overlay. ..........................
.............................................................................. 2 B. Drinking Water Constraints Overlay. ..............................................................................
3 C. Airport/Heliport Influence Area Overlay. ......................................................................... 3 DIVISION 2. Zone District Regulations. ......................................
.......................................... 3 SECTION 3-201. Zone District Dimensions ........................................................................ 3 DIVISION 3. Use Restrictions.
............................................................................................... 4 SECTION 3-301. General Restrictions and Measurements. ..............................................
4 A. Frontage. ........................................................................................................................ 4 B. Through Lots. ............................................
..................................................................... 4 C. Corner Lots. ...............................................................................................................
.... 5 D. Lot Slope. ....................................................................................................................... 5 E. Two-Family Dwellings. ...............................
.................................................................... 5 F. Row House. ..................................................................................................................
.. 5 G. Partially Developed Frontages. ...................................................................................... 5 H. Projections. .......................................................
............................................................. 5 I. Large Building Review for Buildings Greater than 30,000 Square Feet. ........................ 5 DIVISION 4. Overlay
District Regulations. ............................................................................ 6 SECTION 3-401. Floodplain Overlay. ...............................................................
................... 6 A. Applicability and Designation. ........................................................................................ 6 B. Permitted Uses in the Floodplain
Overlay. ..................................................................... 6 SECTION 3-402. Drinking Water Constraints Overlay. ......................................................
8 SECTION 3-403. Airport/Heliport Influence Area Overlay. ................................................ 8 A. Applicability. ........................................................................
........................................... 8 B. Notice of Land Use and Permit Applications Within Overlay Zone Area. ....................... 9 C. Airport/Heliport Influence Area Overlay
Use Restrictions. .............................................. 9 D. Noise. ..........................................................................................................................
. 11 DIVISION 5. Use by Zone District. ....................................................................................... 11 SECTION 3-501. Types of Use Review. .................................
............................................ 11 A. By-Right Uses. ............................................................................................................. 11 B.
Uses Requiring a Permit. ............................................................................................. 11 C. Prohibited Uses. .........................................................
.................................................. 11
Article III Zoning SECTION 3-101: Establishment of Basic Zone Districts. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-II SECTION 3-502. Table Organization. ......................
.......................................................... 11 A. Use Classifications. ......................................................................................................
11 B. Multiple Principal Uses. ................................................................................................ 12 C. Unlisted Uses. ..................................................
............................................................ 12 SECTION 3-503. Use Table .................................................................................................
14
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-1 ARTICLE 3: ZONING DIVISION 1. GENERAL PROVISIONS. SECTION 3-101. ESTABLISHMENT OF BASIC ZONE DISTRICTS. The following
zone districts are established. A. Rural (R). The Rural Zone District is comprised of the County’s rural residential areas, agricultural resource lands, agricultural production areas,
and natural resource areas. Uses, densities, and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated
residential, commercial, and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential, and other uses. B. Commercial,
General (CG). The General Commercial Zone District provides for general retail, service, and recreation-oriented commercial businesses intended to serve the County as a whole. Clustering
of business development in centers is encouraged. Development standards and review criteria are specifically intended to discourage strip development and encourage low-scale, low-impact
commercial areas. C. Commercial, Limited (CL). The Limited Commercial Zone District provides for a limited range of Commercial Uses needed to meet the shopping needs of residents in
the adjacent neighborhoods. Businesses are to be oriented to the neighborhood and compatible with surrounding residential uses. D. Industrial (I). The Industrial Zone District provides
appropriate areas for industrial businesses in locations where conflicts with residential, commercial, and other land uses can be minimized. E. Public Lands (PL). The Public Lands Zone
District shall include all land owned by the U.S. Government or the State of Colorado, located in the unincorporated area of the County and not included in any other zone district. F.
Public Airport (PA). The Public Airport Zone District is comprised of land designated for uses supporting the commercial airport operations in Garfield County. Land use in the Public
Airport Zone District shall be guided by the Airport Master Plan and the Airport Rules and Regulations. G. Residential -Manufactured Home Park (RMHP). The Residential -Manufactured Home
Park Zone District allows for development where spaces are either sold or leased for placement of Manufactured Homes in a park-like setting, and these homes are used as permanent single-family
dwelling units.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-2 H. Residential – Suburban (RS). The Residential – Suburban Zone District is comprised of low-density suburban residential
uses developed to maintain a rural character. I. Residential – Urban (RU). The Residential – Urban Zone District is comprised of high-density urban residential uses, including multi-family
developments. J. Resource Lands. The Resource Lands Zone District shall be subclassified into the following zones: 1. Gentle Slopes and Lower Valley Floor (RLGS). The subdistrict identified
as Gentle Slopes and Lower Valley Floor is defined as the colluvial and alluvial soil at the base of Talus Slopes in the Lower Valley Floor. 2. Talus Slopes (RLTS). The subdistrict identified
as Talus Slopes is defined as loose deposits of rock debris accumulated at the base of Talus Slopes in the Lower Valley Floor. 3. Escarpment (RLE). The subdistrict identified as Escarpment
is defined as the fixed bedrock forming vertical or near vertical parts of the canyon walls. 4. Plateau (RLP). The subdistrict identified as Plateau is defined as the rolling lands of
the higher elevation in the Resource Land Zone District, typically found above the Escarpment subdistrict. SECTION 3-102. ESTABLISHMENT OF OVERLAY DISTRICTS. Overlay Districts are superimposed
over the existing zone district, and Overlay District regulations are in addition to those of the underlying zone district, unless otherwise provided in this Code. Use restrictions for
the individual Overlay Districts are set forth under Division 4, Overlay District Regulations. The following Overlay Districts are established: A. Floodplain Overlay. 1. Purpose. The
purpose of the Floodplain Overlay is: a. To minimize and prevent adverse effects of proposed development on the flood-carrying capacity within the 100-year Floodplain; b. To minimize
flood losses by restricting or prohibiting uses that are dangerous to public health, safety, and property in times of flooding; and c. To regulate development that would alter or increase
the potential damage or impacts of a major storm or exacerbate the Floodplain impacts on other tracts of land. 2. Boundaries and Jurisdiction. Reports and maps establishing the Floodplain
Overlay District and Floodplain subdistricts are incorporated herein, pursuant to Section 1-109, Incorporation and Interpretation of Maps.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-3 B. Drinking Water Constraints Overlay. 1. Purpose. The purpose of the Drinking Water Constraints Overlay is to ensure
a safe domestic water supply for land use that includes human consumption of ground water in the Overlay District. 2. Boundaries and Jurisdiction. Reports and maps establishing the Drinking
Water Constraints Overlay District are incorporated herein, pursuant to Section 1-109, Incorporation and Interpretation of Maps. C. Airport/Heliport Influence Area Overlay. 1. Purpose.
The purpose of an Airport/Heliport Influence Area Overlay is: a. To support and encourage the continued operation and vitality of public use airports and heliports; b. To reduce potential
safety hazards for persons living, working or recreating near public use airports and heliports by establishing compatibility and safety standards to promote air navigational safety;
and c. To minimize environmental impacts resulting from the operation of public use airports and heliports. 2. Boundaries and Jurisdiction. Plans and maps establishing the Airport/Heliport
Influence Area Overlay District are incorporated herein, pursuant to Section 1-109, Incorporation and Interpretation of Maps. DIVISION 2. ZONE DISTRICT REGULATIONS. The purpose of this
Division is to identify the lot and building restrictions for each zone district. In addition to these general requirements, the proposed land use shall comply with the applicable standards
set forth in Article 7, Standards. SECTION 3-201. ZONE DISTRICT DIMENSIONS Table 3-201 identifies the dimensional standards for each zone district.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-4 Table 3-201: Zone District Dimensions Legend R=Residential NR=Nonresidential C=Commercial NC=Noncommercial Lot Size
Setbacks (feet) Height (feet) 3,4,5 Minimum Lot Area1 Maximum Lot Coverage (%) Maximum Floor Area Ratio Front Rear Side2 Zone District Arterial Local Rural R 2 acres R: 15 N/A 50 25
25 10 R: 25 NR: 40 Residential -Suburban RS 20,000 s.f. 50 0.50 /1.0 50 25 25 10 25 Residential -Urban RU 7,500 s.f. 50 0.50 /1.0 50 25 25 10 25 Residential-Manufactured Home Park MHP
2 acres 50 --50 25 25 10 25 Commercial -Limited CL 7,500 s.f. NC: 75 C: 85 0.50 /1.0 50 25 R: 25 C: 7.5 10 40 Commercial -General CG 7,500 s.f. NC: 75 C: 85 0.50 /1.0 50 25 R: 25 C:
7.5 10 40 Industrial I 21,780 s.f. 75 N/A 50 25 25 10 40 Plateau RLP 35 acres ----25 25 25 25 506 Escarpment RLE 35 acres ----25 25 25 25 506 Talus Slopes RLTS 35 acres ----25 25 25
25 506 Gentle Slopes RLGS 35 acres R: 2 acres R: 15 --25 25 25 10 756 Public Airport PA ------Subject to FAA, building codes, and other applicable Federal, State, and local standards
and regulations 50 Public Lands PL ----------------1. Unless otherwise required by Section 7-105, Adequate Central Water Distribution and Wastewater System. 2. Or ½ of building height,
whichever is greater. 3. Telecommunication Facilities may exceed height provided they are approved by a Limited Impact Review. 4. Parapet walls may exceed building height limitations
by 4 feet. 5. Stacks, vents, cooling towers, elevator cupolas, towers, and similar noninhabitable building appurtenances, cupolas spires and belfries constructed as part of a place of
worship shall be exempt from height limitations. 1 6. Telecommunication Facilities may be erected up to a height of 100 feet without additional review. DIVISION 3. USE RESTRICTIONS.
SECTION 3-301. GENERAL RESTRICTIONS AND MEASUREMENTS. A. Frontage. Unless otherwise provided by this Code, each lot shall have a minimum of 25 lineal feet of frontage on a dedicated
street or road right-of-way providing access. B. Through Lots. On lots extending from 1 street to another paralleling street, both streets shall be considered as front streets for purposes
of calculating front yard setbacks. 1 Moved from Section 7-904.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-5 C. Corner Lots. On lots bordered on 2 contiguous sides by streets, the required front yard setback shall be observed
along both streets. D. Lot Slope. 1. Lot Size Less Than 1 Acre. Original and undisturbed slope in excess of 30% shall not be credited toward lot area in determining whether the minimum
lot area requirements will be met. 2. Lot Size 1 Acre or Greater. A minimum Building Envelope of 1 acre, that does not contain Slopes 30% or greater, shall be required. 3. Compliance
with Approval Standards. The proposed use shall comply with the standards for Section 7-210.F, Slope Development. E. Two-Family Dwellings. For purposes of setback calculations, a 2-family
dwelling shall be construed as 1 building occupying 1 lot. F. Row House. For purposes of setback calculations, only those row houses that do not share a common wall with an adjacent
row house need observe the required side yard setback for the district, provided that building code requirements for this type of structure are observed. G. Partially Developed Frontages.
On a vacant lot bordered on 2 sides by previously constructed buildings that do not meet the required front yard setback for the district, the required front yard setback for the vacant
lot shall be established as the averaged front yard setback of the 2 adjacent buildings; where a vacant lot is bordered on only 1 side by a previously constructed building that does
not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the adjacent
building and the minimum front yard setback for the zone district. H. Projections. Every part of a required yard shall be unobstructed from ground level to the sky except for projections
as shown in Table 3-301. Table 3-301: Projections Type of Feature Allowed Encroachment into Setbacks Front Yard Side Yard Rear Yard Architectural Features (Cornice, Sill, Ornamental
Element) 1 Foot 1 Foot 1 Foot Roof Eave 18 Inches 18 Inches 18 Inches At-Grade Uncovered Porch, Slab, Patio, Walk, Steps No Restriction No Restriction No Restriction Fire Escape, Balcony
(Not Used as Passageways) 4 Feet 18 Inches 4 Feet Porch and Deck (Less Than 30 inches) No Restriction No Restriction No Restriction I. Large Building Review for Buildings Greater than
30,000 Square Feet. Buildings greater than 30,000 square feet shall require a Land Use Change Permit pursuant to Section 4-103, Administrative Review, if the building is closer than
500 feet to a property line or the lot is less than 50 acres in size.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-6 DIVISION 4. OVERLAY DISTRICT REGULATIONS. SECTION 3-401. FLOODPLAIN OVERLAY. A. Applicability and Designation. 1.
Applicability. These Floodplain regulations shall be applied as follows: a. Lands Within Designated 100-Year Floodplain. This includes lands identified as within the designated 100-year
Floodplain as mapped on the Flood Insurance Rate Maps (FIRM), or identified in the “Flood Insurance Study, Garfield County, Colorado, Unincorporated Areas” dated August 2, 2006, and
the accompanying flood maps titled “Flood Boundary Maps, Floodway Maps and Flood Insurance Rate Maps, Garfield County, Colorado, Unincorporated Areas,” as the same may from time to time
be amended; or b. Lands Adjacent to Water Course. When an application for a Planned Unit Development or Subdivision that is not exempt from review indicates or suggests that an area
of the site may be in an Area of Special Flood Hazard, but for which area no studies or maps have been previously prepared, the Applicant shall provide Floodplain studies, including
appropriate maps, conducted and certified by a licensed professional engineer experienced in Floodplain hydrology and hydraulics. These studies shall, at a minimum, determine the depth
and elevation of the Base Flood for the entire area of the site and for 200 yards upstream and downstream from the site, with an appropriate cross section. 2. Designation of Floodway
Areas and Flood Fringe Areas Within the Floodplain. To maximize opportunity for appropriate land use within the Floodplain Overlay, the 100-year Floodplain has been divided into Floodway
areas and Flood Fringe areas, based upon the degree and nature of flooding. a. Land Not Designated as a Floodway or Flood Fringe Area. Land within the 100-year Floodplain that has not
been designated as a Floodway area or Flood Fringe area shall be subject to the provisions applicable to Floodways. b. Request for Floodway or Flood Fringe Area Designation. Owners of
property located within the Floodplain Overlay, or an Applicant proposing land use within the Floodplain Overlay, may request areas of the subject property to be designated as Floodway
or Flood Fringe areas. The review process for designation requests is set forth in Section 4-114, Designation of Floodway or Flood Fringe Area. 3. Approval of Designation Not Approval
of Land Use. Approval of a designation request shall not constitute approval of proposed land use; however, a request for designation may be submitted concurrently with an application
for Land Use Change Permit. B. Permitted Uses in the Floodplain Overlay. 1. Floodway Area Use Restrictions. The following use restrictions shall apply to areas within the Floodplain
Overlay that are designated as a Floodway area.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-7 a. Prohibited Uses and Activities. No development, encroachment, use, or alteration in, on or over any part of the
Floodway area shall be permitted that alone or cumulatively with other uses would cause or result in: (1) Occupation of permanent or temporary structures; (2) Development or use of overnight
campgrounds; (3) Development of Solid Waste Disposal Sites and central collection sewage treatment facilities; (4) Storing or processing of materials that are buoyant, flammable, explosive,
or otherwise potentially injurious to human, animal, or plant life; and/or (5) An adverse effect on the efficiency of the Floodway or change the direction of flow or cause any increase
in the Base Flood elevation. b. Permitted Uses and Activities. The following uses are permitted within the Floodway area to the extent that they are permitted by the underlying zone
district, and the proposed use complies with applicable standards for the zone district, the use restrictions set forth in Section 3-401.B.1.a., Prohibited Uses and Activities, and the
Floodplain Overlay District standards set forth in Section 7-601, Floodplain Overlay: (1) Agricultural uses such as general farming, grazing of livestock and horses, truck farming, sod
farming, and wild crop harvesting; (2) Lawns, open areas, gardens, driveways, and play areas that are accessory to residential uses; (3) Loading areas, railroad rights-of-way, parking
areas, airport landing strips, and storage yards for equipment or machinery easily moved or not subject to flood damage, that do not require asphalt paving; (4) Recreational and Open
Space uses not requiring permanent or temporary structures designed for human habitation; (5) Dams, power plants, spillways, transmission lines, pipelines, water monitoring devices,
water supply ditches, irrigation ditches, and laterals; and (6) Road and highway structures or trails. 2. Flood Fringe Area Use Restrictions. a. Prohibited Uses and Activities. No development,
encroachment, use, or alteration in, on, or over any part of the Flood Fringe areas shall be permitted that alone or cumulatively with other uses would cause or result in: (1) Development
of Solid Waste Disposal Sites or central collection sewage treatment facilities;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-8 (2) Storing or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious
to human, animal, or plant life; (3) An adverse effect on the efficiency of the Floodway or change the direction of flow or cause any increase in the Base Flood elevation; and/or (4)
Substantial solid debris being carried downstream by floodwaters. b. Permitted Uses and Activities. Uses permitted within the underlying zone district shall be permitted in the Flood
Fringe area to the extent that the proposed use complies with applicable standards for the zone district, the use restrictions set forth in Section 3-401.B.2.a., Prohibited Uses and
Activities, and the Floodplain Overlay District standards set forth in Section 7-601, Floodplain Overlay. SECTION 3-402. DRINKING WATER CONSTRAINTS OVERLAY. Uses permitted in the underlying
zone district will be permitted in the Drinking Water Constraints Overlay District if the proposed use complies with applicable standards for the zone district and the Drinking Water
Overlay District standards set forth Section 7-602, Drinking Water Constraints Overlay. SECTION 3-403. AIRPORT/HELIPORT INFLUENCE AREA OVERLAY. A. Applicability. 1. Additional Regulations.
The regulations in this Section shall apply to all areas located within the Airport/Heliport Influence Area Overlay, in addition to the regulations applicable for the underlying zone
district. 2. Partial Inclusion. If a structure, lot, or parcel of land lies partly within the Airport/Heliport Influence Area Overlay, the part of the structure, lot, or parcel lying
within the Overlay District shall meet all requirements for the Airport/Heliport Influence Area Overlay. 3. Review Process. Unless otherwise provided in this Section, land use proposed
to be located within the Airport/Heliport Influence Area Overlay District shall be subject to the review process required by the underlying zone district. 4. Designation of Boundaries
of the Airport/Heliport Influence Area Overlay District. The Airport/Heliport Influence Area Overlay District shall be comprised of the Airport Imaginary Surfaces defined by FAR Part
77 and this Code, and include the following: a. Airport Imaginary Surfaces. All lands, waters, and airspace, or portions thereof, that are located within the boundaries of the Primary
Surface, Runway Protection Zone (RPZ), Approach Surface, Horizontal Surface, Conical Surface, and Transitional Surface. The Airport/Heliport’s Influence Area Overlay District’s boundaries
shall be the outer extremities of the boundaries of the Imaginary Surfaces. b. Noise Impact Boundary. The Noise Impact Boundary incorporates areas within 1,500 feet of an airport runway
or within established
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-9 noise contour boundaries exceeding 55 Ldn as depicted in the Airport/Heliport’s Layout Plan. If the Noise Impact Boundary
extends beyond the extremities of the Imaginary Surfaces, the Airport/Heliport Influence Area Overlay District boundaries shall be extended to incorporate the Noise Impact Boundary.
B. Notice of Land Use and Permit Applications Within Overlay Zone Area. 1. Unless otherwise provided under paragraph 2 below, the Director shall provide to the Airport Sponsor and to
the BOCC written notice of any proposed Land Use Change located within the Airport/Heliport Influence Area Overlay. 2. Written notice to the Airport Sponsor or to the BOCC shall not
be required for a proposed Land Use Change located within the Airport/Heliport Influence Area Overlay that meets all of the following criteria: a. All structures associated with the
proposed land use are less than 35 feet in height; b. The proposed land use involves property located entirely outside the Approach Surface; c. The proposed land use does not involve
industrial, mining, or similar uses that emit smoke, dust, or steam; sanitary landfills or water impoundments; or radio, radiotelephone, television, or similar transmission facilities
or electrical transmission lines; and d. The proposed land use does not involve Wetland mitigation, enhancement, restoration, or creation. C. Airport/Heliport Influence Area Overlay
Use Restrictions. 1. Prohibited Uses and Activities. a. The following uses are prohibited in the Airport/Heliport Influence Overlay District. (1) Sanitary landfills; and (2) Water treatment
plants. b. No structures shall be allowed in the Runway Protection Zone (RPZ), except that accessory structures to airport operations may be located in the RPZ based upon approval by
the FAA. For purposes of this document, tee markers, tee signs, pin cups, and pins are not considered to be structures. c. Public assembly facilities are prohibited in the RPZ. d. High
density uses shall be prohibited in Approach Surfaces. 2. Permitted Uses and Activities. The following uses are permitted within the Airport/Heliport Influence Area Overlay to the extent
that they are permitted by the underlying zone district, and the proposed use complies with applicable standards for the zone district, the use restrictions set forth in Section 3-403.C.1.,
Prohibited Uses and Activities, and the Airport/Heliport Influence Area Overlay District standards set forth in Section 7-603, Airport/Heliport Influence Area Overlay.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-10 a. Public Assembly Facilities. Public assembly facilities may be allowed in Approach Surfaces if the potential danger
to public safety is minimal. b. Residential. Residential structures shall be located outside Approach Surfaces unless no practicable alternatives exist. c. Golf Courses. Golf courses
may be allowed conditioned upon the use of accepted management techniques to reduce existing Wildlife attractants and to avoid the creation of new Wildlife attractants. d. Farm Use.
Farming practices that comply with the recommendations of FAA Advisory Circular 150/5200-3A, Hazardous Wildlife Attractants on or Near Airports, shall be encouraged. e. Utilities. (1)
In the RPZ, utilities, power lines, and pipelines shall be located underground. (2) In Approach Surfaces and Airport Direct and Secondary Impact Areas, the proposed height of utilities
shall be coordinated with the Airport Sponsor and the BOCC. f. Wetland Mitigation, Creation, Enhancement, and Restoration. Wetland construction, enhancement, restoration, or mitigation
projects within the Overlay District shall be subject to review under the Major Impact Review process, and may be permitted based upon compliance with the applicable standards Section
7-603. (1) Location of Wetland mitigation banks outside Approach Surfaces and areas regulated under this Overlay District is encouraged because of the potential for increased air navigation
safety hazards. (2) Wetland mitigation, creation, enhancement, or restoration projects existing or approved on the effective date of these regulations and located within areas regulated
under this overlay area are recognized as lawfully existing uses. g. Water Impoundments in Approach Surfaces, Direct Impact Areas, and Secondary Impact Areas. Any use or activity that
would result in the establishment or expansion of water impoundments in Approach Surfaces, Direct Impact Areas, and Secondary Impact Areas shall comply with the following requirements:
(1) No new or expanded water impoundments of 1/4 acre in size or larger shall be permitted within an Approach Surface and within 5,000 feet from the end of a runway. (2) No new or expanded
water impoundments of 1/4 acre in size or larger shall be permitted on land owned by the Airport/Heliport Sponsor that is necessary for Airport/Heliport operations.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-11 D. Noise. Land use proposed to be located within the Noise Impact Area Boundaries shall comply with the Airport Master
Plan and FAA regulations. DIVISION 5. USE BY ZONE DISTRICT. This Division identifies the uses allowed in each zone district and the level of review required for approval. Unless otherwise
specified, the level of review required is based upon the use as a principal use of the property. Development or use of a property for any other use not specifically allowed in the use
table and approved under the appropriate process is prohibited. SECTION 3-501. TYPES OF USE REVIEW. A. By-Right Uses. By-Right Uses. /P/in a cell indicates that the use is permitted
by right in the zone district. By-right uses do not require a Land Use Change Permit, but are still subject to the standards of this Code, including the use-specific standards in this
chapter and the generally applicable requirements of Article 7, Standards. Failure to comply with general or use-specific standards may result in a code enforcement action. B. Uses Requiring
a Permit. 1. Administrative Review Uses. /A/in a cell indicates that the use is allowed only if reviewed and approved as an Administrative Review use in accordance with the procedures
of Section 4-103, Administrative Review. Administrative Review uses are subject to all other applicable regulations of this Code, including any requirements and use-specific standards
in Article 7, Standards. 2. Limited Impact Review Uses. /L/in a cell indicates that the use is allowed only if reviewed and approved as a Limited Impact Review use in accordance with
the procedures of Section 4-104, Limited Impact Review. Limited Impact Review uses are subject to all other applicable regulations of this Code, including any requirements and use-specific
standards in Article 7, Standards. 3. Major Impact Review Uses. /M/in a cell indicates that the use is allowed only if reviewed and approved as a Major Impact Review use in accordance
with the procedures of Section 4-105, Major Impact Review. Major Impact Review uses are subject to all other applicable regulations of this Code, including any requirements and use-specific
standards in Article 7, Standards. C. Prohibited Uses. A blank cell indicates that the use is prohibited in the zone district. SECTION 3-502. TABLE ORGANIZATION. A. Use Classifications.
In the use table, land uses and activities are classified into general “use categories” and specific “use types” based on common functional, product, or physical characteristics, such
as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis
for assigning present and future land uses into appropriate zone districts. This classification does not list every use or activity that may appropriately
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-12 exist within each category, and specific uses may be listed in 1 category when they may reasonably have been listed
in 1 or more other categories. B. Multiple Principal Uses. Multiple principal uses are permitted on a single lot. All of the uses must fall into the permitted use category(ies) for the
district as identified in Table 3-503, Use Table. Each use is subject to applicable regulations within that use category, including the general standards in Article 7 and any applicable
use-specific standards. C. Unlisted Uses. 1. Procedure. Where a particular use type is not specifically listed in the use table, an Applicant may request an interpretation of the use
table. a. Director Determination. The Director may permit the use type upon finding the standards of this subsection are met. The Director shall give due consideration to the purpose
and intent of this Code concerning the zone district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question. b. Director Referral
to BOCC. The Director may refer any unlisted use determination to the BOCC for review and determination. c. BOCC Determination. The BOCC shall make an unlisted use determination about
any nonresidential use that will: (1) Require a structure greater than 100,000 square feet of gross floor area; (2) Typically generate more than 1,000 daily vehicle trips, or (3) Is
anticipated to require more than 250 parking spaces. 2. Standards for Approving Unlisted Uses. In order to determine if the proposed use(s) has an impact that is similar in nature, function,
and duration to the other use types allowed in a specific zone district, the reviewing body shall assess all relevant characteristics of the proposed use including, but not limited to,
the following: a. The volume and type of sales, retail, wholesale, etc.; b. The size and type of items sold and nature of inventory on the premises; c. Any processing done on the premises,
including assembly, manufacturing, warehousing, shipping, and distribution; d. Any dangerous, hazardous, toxic, or explosive materials used in the processing; e. The nature and location
of storage and outdoor display of merchandise, whether enclosed, open, inside, or outside the principal building; predominant types of items stored (such as business vehicles, work-in-process,
inventory and merchandise, construction materials, scrap and junk, and raw materials, including liquids and powders); f. The type, size, and nature of buildings and structures;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-13 g. The number and density of employees and customers per unit area of site in relation to business hours and employment
shifts; h. Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site; i. Trip purposes
and whether trip purposes can be shared by other use types on the site; j. Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity,
and the potential for shared parking with other use types; k. The amount and nature of any nuisances generated on the premises including, but not limited to, noise, smoke, odor, glare,
vibration, radiation, and fumes; l. Any special public utility requirements for serving the proposed use type including, but not limited to, water supply, wastewater output, pretreatment
of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and m. The impact on adjacent lands created by the proposed
use type, which should not be greater than that of other use types in the zone district. 3. If a proposed unlisted use is not subject to interpretation pursuant to this Section, an Applicant
may request a text amendment pursuant to Section 4-113, Land Use Code Text Amendment. .
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-14 SECTION 3-503. USE TABLE Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major
Impact Review Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS
All Uses Shall Comply with Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards AGRICULTURAL AND ANIMAL-RELATED USES Agriculture, General Agriculture P P P P P P P P P P P
P 7-701 Agricultural Operations, Accessory P P P P P P P P P P P P 7-1303 Animal Sanctuary P P P P 7-702 Building or Structure Necessary to Agricultural Operations, Accessory P P P P
P P P P P P P P Feedlot, Commercial M M P M Forestry LP P LP LP LP LP Products Processing, Storage, Distribution, and Sale Sale Off-Site A L L L P P P P P Sale at Point of Production
P P P P P P P P P P P LP Animals and Related Services Kennel, Small L M L L A P L L 7-703 Kennel, Large M L L A P L L 7-703 Riding Stable, Commercial L L A A 7-704 Riding Stable, Private
P P P P P 7-704 Veterinary Clinic A L L A P L 7-705 RESIDENTIAL USES Household Living Dwelling, Single-Unit P P P P P P P P P P P P Dwelling, 2-Unit A A A A A A P 2 All use specific
standards will need to be renumbered based on changes to Article 7.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-15 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Dwelling, Multi-Unit L L A L L L L P Dwelling Unit, Accessory A A A A A A A P A A A A 7-1302 Manufactured Home Park M M
M PA M P 7-801 Group Living Foster Home P P P P P P P P Group Home Facilities L L L L P L P L 7-802 PUBLIC/INSTITUTIONAL USES Aircraft Landing Strip, Private L L P L L 7-901 Air Strip,
Ultra-Lite L L P 7-901 Airport M P 7-902 Heliport3 M M M L L L P AM4 MA 7-902 Assembly Community Meeting Facility A A A A A A A P LA LA LA LA 7-903 Fraternal Lodge L P P P Place of Worship
A A A A A A A P A 7-904 Public Gathering, Accessory A A A P A Cultural Facility Library A A A P P P A A Museum A A A A A A A P A A Day Care Adult Day Care A A A A A A A P 3 Note that
the Code Committee discussed Administrative Review for heliport in the Resource zone district, Plateau and Gentle Slopes outside of the Resource Transition Zones that will be defined
as a certain distance from urban boundaries.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-16 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Child Care Center P P P A P P P A A 7-905 Family Child Care Home A A A A A A P L 7-905 Parks and Open Space Cemetery A
A A A A A A P Park P P P P P P P P P P P Community Service Facility Corrections Facility M M M M M M P M Educational Facility L L L L LA LA LA P LA Emergency Shelter L L L L L L L P
Fire Station A A A A A A A P A A A A Hospital M M M M L L L P Public Building A A A A A A A P A A Vehicle Safety Area, Small A AP AP 7-906 Vehicle Safety Area, Large L L L 7-906 Transportation
Access Route A A A A A A A P P P P P Mass Transit Facility M M M M M M M P Park and Ride Facility L L L L A A A P LA LA LA LA Trail, Trailhead, Road P P P P P P P P P P P P COMMERCIAL
USES 7-1001 Office Broadcasting Studio L A A P 7-1002 Professional Office P P P P L L Home Office/Business P P P P P P P P P P P P 7-1304 Retail (Sales) Agricultural Products Retail
Outlet (Over 5,000 s.f.) A A A A A P
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-17 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Appliance, Equipment and Machinery5Arts and Crafts, Studio A A A A P P P P PP P P P 7-1003 Studio for Arts and Crafts A
A A A P P P P P P 7-1103 Bakery, under 5,000 square feet in floor area6Small P P P P Bakery, 5,000 square feet or greater in floor areaCommercial L P Building Material or Lumber Yard
or Garden Store M L L L P Convenience Store L M M M A A A P Nursery/Greenhouse P A A A P P P P P 7-1004 Retail Facility A A A A P P P P P P P P Vehicle and Equipment Sales M P P P P
P P P P Bulk Sales of liquefied petroleum gas (LPG) LPG and compressed natural gas (CNG) L ML ML PL L L L L Electronic, Mechanical and Plumbing Supplies P P P P P P P P Industrial Equipment,
Vehicle Sales, and Leasing P P P P P P P Recreation and Entertainment Golf Course/Driving Range A A A A A A A P A Theater, Indoor P P P Motor Sports Center M M M M P A A Recreation,
Indoor L M M M P P P 5 Appliance, Equipment, and Machinery is proposed to be defined and included in Article 16 as follows: .. Materials, devices, and, apparatus related to the support
and extraction of resources in the Resource Zone District 6 Bakery is proposed to be defined and included in Article 16, as follows: A commercial establishment for the production of
baked goods, primarily for sale to other commercial establishments.,
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-18 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Recreation, Outdoor L M M M M M L L ML M ML ML Shooting Gallery L M M M M M L L ML ML LM ML 7-1005 Services Crematorium
M L L L P Eating or Drinking Establishment ML ML ML ML P P P P A A General Service Establishment7 L P P P P Laundromat A L L L P P P Laundry or Dry-Cleaning Plant, Commercial L L L P
Mortuary M L L L P Vehicles and Equipment Car Wash M A A L P L Parking Lot or Parking Garage L L L L A A A P A Vehicle Repair, Body /Paint, or Upholstery Shop A P P P P Visitor Accommodation
Campground/RV Park ML L L L L LM LM 7-1006 Lodging Facilities, Minor L L L L P P P AL AL INDUSTRIAL USES 7-1101 Extraction Compressor/Pipeline Pump Station/Oil and Gas Processing Facility8
(Not Subject to Article 9) L L P LA LA LA LA 7 General Service Establishment is proposed to be defined and included in Article 16, as follows: 1.An establishment for services offered
by building trade professionals including but not limited to building contractor, electrical contractor, and plumbing contractor.(2) An establishment for trade services offered by blacksmiths,
(other trades fitting in this group), (3) An establishment for service and repair of automobiles, appliances, equipment and machinery.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-19 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Extraction, Gravel M M L LM ML ML ML 7-1102 Extraction, Mining and Other9 M M L LM ML ML ML 7-1103 Hydraulic Fracturing,
Remote Surface Facility P P P P P P P P P P P P Injection Well, Served by Hauling A A A A A A A A A A A A Injection Well, Served by Pipeline P P P P P P P P P P P P Oil and Gas Drilling
and Production P P P P P P P P P P P P Batch Plant, Accessory A L L L P A A Service Contractor’s Yard, Small A P P P P A A A A Contractor’s Yard, Large M P P P P LA LA LA LA Laydown
Yard10 A A A Material Handling L L L P LA L AL LA Processing ML ML ML P MA LM MA AM Fabrication Assembly of Structures11 ML ML P L M Cabinet Making, Woodworking, Metalworking, Glazing,
Machining, Welding A L P P P P L L 8 Oil and Gas Processing Facility is proposed to be defined and included in Article 16, as follows: A facility designed to recover oil or natural gas
liquids from a stream of oil or natural gas that may or may not have passed through separation facilities. These facilities also control the quality of the oil or natural gas to be delivered
to the market. 9 Excludes oil and gas activities that are regulated at a State or Federal level 10 Laydown Yard is proposed to be defined and included in Article 16, as follows: The
use of land for the purpose of storing machinery, equipment and supplies related to the extraction and processing of energy resources. 11 Assembly of Structures is proposed to be defined
and included in Article 16, as follows: Process in which an item is put together from readymade components or parts such as, but not limited to, roof trusses and other prefabricated
building components
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-20 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Equipment, Small Appliances L L L A P L L Goods Processed From Natural Resources M M P M M Vehicles, Machinery, and Heavy
Equipment M M P L M Warehouse and Freight Movement Storage, Mini L P P P P L 7-1104 Storage, Cold Storage Plants P P P P L L 7-1104 Storage, Hazardous Materials M M M M P L L 7-1104
Storage, Supplies, Machinery, Equipment, or Products L P P P P L L L L 7-1104 Warehouse and Distribution Center M L L L P M 7-1104 Storage/Warehousing of Materials or Equipment Within
a Building, Accessory M P P P P L L 7-1001 Waste and Salvage Mineral Waste Disposal Areas L L P L L L L Recycling Collection Center L L L L P L 7-1105 Recycling Processing Facility M
M M M P M Salvage Yard M M M P M Sewage Treatment Facility L L L L L L L P L L 7-1106 Solid Waste Disposal Site and Facility M M P M 7-1107 Solid Waste Transfer Facility M M M M L L
L P M M UTILITIES 7-1201 Electric Power Generation Facility, Small L L A A P P A L L A Electric Power Generation Facility, Large L L L L L L Lines, Distribution P P P P P P P P P P P
P Lines, Transmission L L L L L L Pipeline A A A A A A A P A A A A Article 9
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-21 Table 3-503: Use Table /P/By Right /A/Administrative Review /L/Limited Impact Review /M/Major Impact Review Use Category
Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Use-Specific R RS RU RMHP CL CG I PL RL Standards2 P RL E RL TS RL GS All Uses Shall Comply with
Article 7, Divisions 1, 2 and 3 and the Use-Specific Standards Solar Energy System, Accessory P P P P P P P P P P P P 7-1202 Solar Energy System, Small A A A A P P P P P P P P 7-1202
Solar Energy System, Large M M M M L L L L L L L L 7-1202 Substation, Neighborhood P P P P P P P P P P P P Substation, Utility L L L L L L L P L L L L Telecommunication Facility L L
L L L L L P A A A A 7-1203 Utility Distribution Facility P P P P P P P P P P P P Water Impoundment L L P L L L L Water Reservoir MP ML P MA MA 7-1204 Water Tank or Treatment Facility
L L L L L L L P L L L L Wind Energy System, Commercial M M M L P M M Wind Energy System, Small L M L L P P A L ACCESSORY USES BUILDINGS AND STRUCTURES 7-1301 Building or Structure, AccessoryAccessory
Building or Structure P P P P P P P P P P P P Fence, Hedge or Wall P P P P P P P P P P P P TEMPORARY USES AND STRUCTURES Temporary Housing Facility, Major M M M M M M M P LM ML ML ML
7-1401 Temporary Housing Facility, Minor A A A A A A A P A A A A 7-1402 Temporary Housing Facility, Small P P P P P P P P P P 7-1403 Processing, Temporary A A A A P A A 7-1101 Sales
Office, Temporary A A A A A A A P A A A A 7-1001