HomeMy WebLinkAboutArticle 07 BOCC Changes REDLINE Additional
LUDC 2013
GARFIELD COUNTY, COLORADO
Article 7: Standards
PLANNING COMMISSION
RECOMMENDATION DRAFT
MARCH 13, 2013
CLEAN
Article 7
Standards
Table of Contents
DIVISION 1. GENERAL APPROVAL STANDARDS. 1
7-101. ZONE DISTRICT USE REGULATIONS. 1
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. 1
7-103.
COMPATIBILITY. 1
7-104. SOURCE OF WATER. 1
A. BOCC Determination. 1
B. Determination of Adequate Water. 1
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. 2
A. Water Distribution
Systems. 2
B. Wastewater Systems. 2
7-106. PUBLIC UTILITIES. 3
A. Adequate Public Utilities. 3
B. Approval of Utility Easement by Utility Company. 3
C. Utility Location. 3
D. Dedication
of Easements. 3
E. Construction and Installation of Utilities. 3
F. Conflicting Encumbrances. 3
7-107. ACCESS AND ROADWAYS. 4
A. Access to Public Right-of-Way. 4
B. Safe Access. 4
C. Adequate
Capacity. 4
D. Road Dedications. 4
E. Impacts Mitigated. 4
F. Design Standards. 4
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. 6
7-109. FIRE PROTECTION. 7
A. Adequate Fire Protection. 7
B. Subdiv
isions. 7
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. 7
7-201. AGRICULTURAL LANDS. 7
A. No Adverse Affect to Agricultural Operations. 7
B. Domestic Animal Controls. 7
C. Fences. 7
D. Roads.
7
E. Irrigation Ditches. 7
7-202. WILDLIFE HABITAT AREAS. 8
A. Buffers. 8
B. Locational Controls of Land Disturbance. 8
C. Preservation of Native Vegetation. 8
D. Habitat Compensation. 8
E. Domestic
Animal Controls. 8
7-203. DRAINAGE AND EROSION. 8
A. Erosion and Sedimentation. 9
B. Drainage 9
C. Stormwater Run-Off. 10
7-204. ENVIRONMENTAL QUALITY. 11
A. Air Quality. 11
B. Water
Quality. 11
7-205. WILDFIRE HAZARDS. 11
A. Location Restrictions. 11
B. Development Does Not Increase Potential Hazard. 11
C. Roof Materials and Design. 12
7-206. NATURAL AND GEOLOGIC
HAZARDS. 12
A. Utilities. 12
B. Development in Avalanche Hazard Areas. 12
C. Development in Landslide Hazard Areas. 12
D. Development in Rockfall Hazard Areas. 13
E. Development in Alluvial
Fan Hazard Area. 13
F. Slope Development. 13
G. Development on Corrosive or Expansive Soils and Rock. 14
H. Development in Mudflow Areas. 15
I. Development Over Faults. 15
7-207. RECLAMATION. 15
A.
Applicability. 15
B. Reclamation of Disturbed Areas. 15
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. 16
7-301. COMPATIBLE DESIGN. 16
A. Site Organization. 16
B. Operational
Characteristics. 16
C. Buffering. 16
D. Materials. 16
7-302. OFF-STREET PARKING AND LOADING STANDARDS. 16
A. Off-Street Parking Required. 16
B. Off-Street Loading Required. 17
C. Continuing
Obligation. 17
D. Location of Required Parking Spaces. 17
E. Loading and Unloading. 17
F. Parking and Loading Area Surface. 18
G. Minimum Dimensions of Parking Areas. 18
H. Compact Car
Spaces. 18
I. Minimum Dimensions of Loading Berths. 18
J. Handicapped or Accessible Parking. 18
K. Unobstructed Access. 18
L. Tandem Parking. 19
M. Backing Onto Public Streets Prohibited. 19
N. Acces
s Driveways. 19
O. Parking and Loading Area Landscaping and Illumination. 19
7-303. LANDSCAPING STANDARDS. 19
A. General Standards. 19
B. Multi-Family Development. 19
C. Subdivision,
PUD, and Rural Land Development Exemption. 20
D. Plants Compatible with Local Conditions. 20
E. Existing Vegetation. 20
F. Minimum Size. 20
G. Minimum Number of Trees and Shrubs. 20
H. Parking
and Storage Prohibited. 20
I. Clear Vision Area. 20
J. Landscaping Within Off-Street Parking Areas. 21
7-304. LIGHTING STANDARDS. 22
A. Downcast Lighting. 22
B. Shielded Lighting. 22
C. Hazardous
Lighting. 22
D. Flashing Lights. 22
E. Height Limitations. 22
7-305. SNOW STORAGE STANDARDS. 22
A. Minimum Area. 22
B. Storage in Parking Spaces Prohibited. 22
C. Storage in Yards and
Open Space Permitted. 23
D. Storage on Public Roadways Prohibited. 23
E. Drainage. 23
7-306. TRAIL AND WALKWAY STANDARDS. 23
A. Recreational and Community Facility Access. 23
B. Safety. 23
C. Mainte
nance. 23
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. 23
7-401. GENERAL SUBDIVISION STANDARDS. 23
A. Maintenance of Common Facilities. 23
B. Domestic Animal Control. 24
C. Fireplac
es. 24
D. Development in the Floodplain. 24
7-402. SUBDIVISION LOTS. 24
A. Lots Conform to Code. 24
B. Side Lot Line Alignment. 24
C. Lots Configuration, Cul-de-Sacs. 24
D. Lot Division
by Boundaries, Roads, or Easements Prohibited. 24
7-403. SURVEY MONUMENTS. 25
A. Monuments Located Within Streets. 25
B. Setting by Standard Construction Techniques. 25
7-404. SCHOOL
LAND DEDICATION. 25
A. General. 25
B. Amount of School Land Dedicated. 25
C. Payment-In-Lieu of Dedication of School Land. 26
7-405. TRAFFIC IMPACT FEES. 28
A. General Requirements. 28
DIVISION
5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION. 29
7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS. 29
A. Density. 29
B. Open Space Plan Standards. 31
DIVISION 6. ADDITIONAL
STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED USES. 31
7-601. ANIMAL SANCTUARY. 31
A. Facility. 31
B. Noise. 31
C. On-site Wastewater Treatment System Required. 31
D. Drainage Impacts. 31
7-602.
ANIMAL PROCESSING. 32
7-603. KENNELS. 32
A. Enclosed Building and Noise Prevention. 32
B. Noise. 32
C. Waste and Sewage Disposal System. 32
D. State Licensing Required. 32
7-604.
VETERINARY CLINIC. 32
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. 32
7-701. ACCESSORY DWELLING UNIT. 32
A. Maximum Floor Area. 32
B. Ownership Restriction. 32
C. Compliance
with Building Code. 32
D. Minimum Lot Area. 32
E. Entrance to Dwelling Unit. 33
7-702. HOME OFFICE/BUSINESS. 33
A. Activities Incidental and Secondary. 33
B. Activity Contained. 33
C. Provision
of Mandatory Parking Spaces. 33
D. Activities Conducted by Resident. 33
E. Disturbances. 33
F. Display of Goods and Retail Sales. 33
G. Signage. 33
7-703. MANUFACTURED HOME PARK. 33
A. Park
Layout. 33
B. Foundation and Anchors. 34
C. Landscaping. 34
D. Certification of Manufactured Homes. 34
7-704. GROUP HOME FACILITIES. 34
A. Required Permits. 34
B. Location Restrictions. 34
C. Overni
ght Shelter. 35
D. Short-Term Care Facility. 35
E. Transitional Housing. 35
7-705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR. 35
A. Adequate Site Plan. 35
B. Water Systems. 35
C. Wastewater
Systems. 36
D. Inhabitants. 36
E. Clean, Safe, and Sanitary Condition. 36
F. Fire Protection General Requirements. 37
G. Trash and Food Storage. 37
H. Notification of Site Development. 37
I. No
Domestic Animals Allowed. 37
J. Reclamation and Revegetation Plan. 37
K. Expiration or Revocation of Land Use Change Permit. 39
7-706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR. 39
A. Federal,
State, and Local Laws and Regulations. 39
B. Notification of Facility Installation and Removal. 39
C. Water Systems. 39
D. Wastewater Systems. 39
E. Clean, Safe, and Sanitary Condition. 39
F. Trash
and Food Storage. 39
G. Fire Protection. 39
H. No Domestic Animals Allowed. 39
I. Removal of Facility. 39
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL. 40
A. Notification of
Occupation and Removal. 40
B. General Information to be Provided. 40
C. Federal, State, and Local Laws and Regulations. 40
D. Water System. 40
E. Wastewater Systems. 40
F. Clean, Safe,
and Sanitary Condition. 40
G. Trash and Food Storage. 41
H. Fire Protection. 41
I. No Domestic Animals Allowed. 41
J. Third Party Inspection. 41
DIVISION 8. ADDITIONAL STANDARDS FOR
PUBLIC/INSTITUTIONAL USES. 41
7-801. AIRCRAFT, ULTRALIGHT OPERATIONS. 41
7-802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. 41
A. Refueling or Maintenance. 41
B. Layout Plan
for Aircraft Landing Strip. 41
C. Layout Plan for Helistop. 41
7-803. AIRPORTS AND HELIPORTS. 42
A. Standards for Site Selection of Airport or Heliport Location or Expansion. 42
B. Fabrication,
Service, and Repair Operations. 43
C. Storage of Materials. 43
7-804. FAMILY CHILD CARE HOME AND CHILD CARE CENTER. 43
A. Required Permits. 43
B. Parking. 43
DIVISION 9. ADDITIONAL
STANDARDS FOR COMMERCIAL USES. 43
7-901. BROADCASTING STUDIO. 43
A. FCC and FAA Approval. 43
B. Co-Location Communication Facilities. 43
7-902. NURSERY/GREENHOUSE. 43
A. Accessory
Dwelling Unit. 43
B. Storage of Materials and Equipment. 43
7-903. OPTIONAL PREMISES CULTIVATION OPERATION. 43
A. Signs. 43
B. Odor. 44
C. Visual. 44
D. Location. 44
E. On-Site Use. 44
F. Other
Applicable Licenses. 44
G. On-Site Notice. 44
H. Compliance with Other Laws and Regulations. 45
7-904. SHOOTING GALLERY. 45
A. Design. 45
B. Sanitary Facilities. 45
7-905. CAMPGROUND/RECREATIONAL
VEHICLE PARK. 45
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES. 45
7-1001. INDUSTRIAL USE. 45
A. Residential Subdivisions. 45
B. Setbacks. 45
C. Concealing and Screening. 45
D. Storing. 45
E. Industrial Wastes. 45
F. Noise. 46
G. Ground Vibration. 46
H. Interference, Nuisance, or Hazard. 46
7-1002. GRAVEL EXTRACTION. 46
A. Water Quantity and Quality Impacts/Floodplain
Impacts. 46
B. Air Quality. 46
C. Noise/Vibration. 47
D. Visual Mitigation. 47
E. County Road System. 48
F. Compatibility with Surrounding Land Uses. 48
G. Revegetation. 48
H. Reclamation. 48
I. Enfo
rcement. 50
7-1003. MINING AND OTHER EXTRACTION USES. 51
A. Roads. 51
B. Routing. 51
C. Emergency Preparedness. 52
7-1004. RECYCLING COLLECTION CENTERS. 52
A. Customary and Incidental. 52
B. Parkin
g Lot Location. 52
C. Stored Products. 52
D. Maintenance. 52
E. Organic Materials. 52
7-1005. SEWAGE TREATMENT FACILITY. 52
A. Exempt from Minimum Lot Size. 52
B. Accessory to the Primary
Use. 52
7-1006. SOLID WASTE DISPOSAL SITE AND FACILITY. 52
7-1007. VEHICLE SAFETY AREAS. 52
A. Continuing Obligation. 52
B. Prohibited Uses. 52
DIVISION 11. ADDITIONAL STANDARDS FOR
UTILITIES. 53
7-1101. SOLAR ENERGY SYSTEMS. 53
A. Signage. 53
B. Solar Energy Systems, Accessory. 53
7-1102. TELECOMMUNICATIONS FACILITIES. 53
A. New Towers and Facilities. 53
B. Structural
and Engineering Standards. 54
C. Public Utility Structures. 54
D. Design, Materials, and Color. 54
E. Lighting and Signage. 54
F. Non-Interference. 54
G. Federal Aviation Agency Form. 54
H. Telecommu
nications Act. 55
7-1103. WATER RESERVOIR. 55
DIVISION 12. ADDITIONAL STANDARDS FOR ACCESSORY USES. 55
7-1201. ACCESSORY USE. 55
A. Accessory Building. 55
B. Accessory Structure. 55
7-205. WILDFIRE HAZARDS. 11
A. Location Restrictions. 11
B. Development Does Not Increase Potential Hazard. 11
C. Roof Materials and Design. 12
7-206. NATURAL AND GEOLOGIC HAZARDS. 12
A. Utilities.
12
B. Development in Avalanche Hazard Areas. 12
C. Development in Landslide Hazard Areas. 12
D. Development in Rockfall Hazard Areas. 13
E. Development in Alluvial Fan Hazard Area. 13
F. Slope
Development. 13
G. Development on Corrosive or Expansive Soils and Rock. 14
H. Development in Mudflow Areas. 15
I. Development Over Faults. 15
7-207. RECLAMATION. 15
A. Applicability. 15
B. Reclamat
ion of Disturbed Areas. 15
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. 16
7-301. COMPATIBLE DESIGN. 16
A. Site Organization. 16
B. Operational Characteristics. 16
C. Buffering. 16
D. Mater
ials. 16
7-302. OFF-STREET PARKING AND LOADING STANDARDS. 16
A. Off-Street Parking Required. 16
B. Off-Street Loading Required. 17
C. Continuing Obligation. 17
D. Location of Required
Parking Spaces. 17
E. Loading and Unloading. 17
F. Parking and Loading Area Surface. 18
G. Minimum Dimensions of Parking Areas. 18
H. Compact Car Spaces. 18
I. Minimum Dimensions of
Loading Berths. 18
J. Handicapped or Accessible Parking. 18
K. Unobstructed Access. 18
L. Tandem Parking. 19
M. Backing Onto Public Streets Prohibited. 19
N. Access Driveways. 19
O. Parking
and Loading Area Landscaping and Illumination. 19
7-303. LANDSCAPING STANDARDS. 19
A. General Standards. 19
B. Multi-Family Development. 19
C. Subdivision, PUD, and Rural Land Development
Exemption. 20
D. Plants Compatible with Local Conditions. 20
E. Existing Vegetation. 20
F. Minimum Size. 20
G. Minimum Number of Trees and Shrubs. 20
H. Parking and Storage Prohibited. 20
I. Clear
Vision Area. 20
J. Landscaping Within Off-Street Parking Areas. 21
7-304. LIGHTING STANDARDS. 22
A. Downcast Lighting. 22
B. Shielded Lighting. 22
C. Hazardous Lighting. 22
D. Flashing Lights. 22
E. Height Limitations. 22
7-305. SNOW STORAGE STANDARDS. 22
A. Minimum Area. 22
B. Storage in Parking Spaces Prohibited. 22
C. Storage
in Yards and Open Space Permitted. 23
D. Storage on Public Roadways Prohibited. 23
E. Drainage. 23
7-306. TRAIL AND WALKWAY STANDARDS. 23
A. Recreational and Community Facility Access. 23
B. Safety.
23
C. Maintenance. 23
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. 23
7-401. GENERAL SUBDIVISION STANDARDS. 23
A. Maintenance of Common Facilities. 23
B. Domestic
Animal Control. 24
C. Fireplaces. 24
D. Development in the Floodplain. 24
7-402. SUBDIVISION LOTS. 24
A. Lots Conform to Code. 24
B. Side Lot Line Alignment. 24
C. Lots Configuration,
Cul-de-Sacs. 24
D. Lot Division by Boundaries, Roads, or Easements Prohibited. 24
7-403. SURVEY MONUMENTS. 25
A. Monuments Located Within Streets. 25
B. Setting by Standard Construction
Techniques. 25
7-404. SCHOOL LAND DEDICATION. 25
A. General. 25
B. Amount of School Land Dedicated. 25
C. Payment-In-Lieu of Dedication of School Land. 26
7-405. TRAFFIC IMPACT FEES. 28
A. General
Requirements. 28
DIVISION 5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION. 29
7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS. 29
A. Density. 29
B. Open Space Plan Standards. 31
DIVISION
6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED USES. 31
7-601. ANIMAL SANCTUARY. 31
A. Facility. 31
B. Noise. 31
C. On-site Wastewater Treatment System Required. 31
D. Drainage
Impacts. 31
7-602. ANIMAL PROCESSING. 32
7-603. KENNELS. 32
A. Enclosed Building and Noise Prevention. 32
B. Noise. 32
C. Waste and Sewage Disposal System. 32
D. State Licensing Required. 32
7-604.
VETERINARY CLINIC. 32
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. 32
7-701. ACCESSORY DWELLING UNIT. 32
A. Maximum Floor Area. 32
B. Ownership Restriction. 32
C. Compliance with Building Code. 32
D. Minimum Lot Area. 32
E. Entrance to Dwelling Unit. 33
7-702. HOME OFFICE/BUSINESS. 33
A. Activities
Incidental and Secondary. 33
B. Activity Contained. 33
C. Provision of Mandatory Parking Spaces. 33
D. Activities Conducted by Resident. 33
E. Disturbances. 33
F. Display of Goods and
Retail Sales. 33
G. Signage. 33
7-703. MANUFACTURED HOME PARK. 33
A. Park Layout. 33
B. Foundation and Anchors. 34
C. Landscaping. 34
D. Certification of Manufactured Homes. 34
7-704.
GROUP HOME FACILITIES. 34
A. Required Permits. 34
B. Location Restrictions. 34
C. Overnight Shelter. 35
D. Short-Term Care Facility. 35
E. Transitional Housing. 35
7-705. TEMPORARY
EMPLOYEE HOUSING FACILITIES, MAJOR. 35
A. Adequate Site Plan. 35
B. Water Systems. 35
C. Wastewater Systems. 36
D. Inhabitants. 36
E. Clean, Safe, and Sanitary Condition. 36
F. Fire
Protection General Requirements. 37
G. Trash and Food Storage. 37
H. Notification of Site Development. 37
I. No Domestic Animals Allowed. 37
J. Reclamation and Revegetation Plan. 37
K. Expiration
or Revocation of Land Use Change Permit. 39
7-706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR. 39
A. Federal, State, and Local Laws and Regulations. 39
B. Notification of Facility
Installation and Removal. 39
C. Water Systems. 39
D. Wastewater Systems. 39
E. Clean, Safe, and Sanitary Condition. 39
F. Trash and Food Storage. 39
G. Fire Protection. 39
H. No Domestic
Animals Allowed. 39
I. Removal of Facility. 39
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL. 40
A. Notification of Occupation and Removal. 40
B. General Information to be Provided. 40
C. Fede
ral, State, and Local Laws and Regulations. 40
D. Water System. 40
E. Wastewater Systems. 40
F. Clean, Safe, and Sanitary Condition. 40
G. Trash and Food Storage. 41
H. Fire Protection. 41
I. No Domestic Animals Allowed. 41
J. Third Party Inspection. 41
DIVISION 8. ADDITIONAL STANDARDS FOR PUBLIC/INSTITUTIONAL USES. 41
7-801.
AIRCRAFT, ULTRALIGHT OPERATIONS. 41
7-802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. 41
A. Refueling or Maintenance. 41
B. Layout Plan for Aircraft Landing Strip. 41
C. Layout
Plan for Helistop. 41
7-803. AIRPORTS AND HELIPORTS. 42
A. Standards for Site Selection of Airport or Heliport Location or Expansion. 42
B. Fabrication, Service, and Repair Operations. 43
C. Storage
of Materials. 43
7-804. FAMILY CHILD CARE HOME AND CHILD CARE CENTER. 43
A. Required Permits. 43
B. Parking. 43
DIVISION 9. ADDITIONAL STANDARDS FOR COMMERCIAL USES. 43
7-901. BROADCASTING
STUDIO. 43
A. FCC and FAA Approval. 43
B. Co-Location Communication Facilities. 43
7-902. NURSERY/GREENHOUSE. 43
A. Accessory Dwelling Unit. 43
B. Storage of Materials and Equipment. 43
7-903.
OPTIONAL PREMISES CULTIVATION OPERATION. 43
A. Signs. 43
B. Odor. 44
C. Visual. 44
D. Location. 44
E. On-Site Use. 44
F. Other Applicable Licenses. 44
G. On-Site Notice. 44
H. Compliance
with Other Laws and Regulations. 45
7-904. SHOOTING GALLERY. 45
A. Design. 45
B. Sanitary Facilities. 45
7-905. CAMPGROUND/RECREATIONAL VEHICLE PARK. 45
DIVISION 10. ADDITIONAL STANDARDS
FOR INDUSTRIAL USES. 45
7-1001. INDUSTRIAL USE. 45
A. Residential Subdivisions. 45
B. Setbacks. 45
C. Concealing and Screening. 45
D. Storing. 45
E. Industrial Wastes. 45
F. Noise. 46
G. Ground
Vibration. 46
H. Interference, Nuisance, or Hazard. 46
7-1002. GRAVEL EXTRACTION. 46
A. Water Quantity and Quality Impacts/Floodplain Impacts. 46
B. Air Quality. 46
C. Noise/Vibration. 47
D. Visual
Mitigation. 47
E. County Road System. 48
DIVISION 1. GENERAL APPROVAL STANDARDS. 1
7-101. ZONE DISTRICT USE REGULATIONS. 1
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. 1
7-103. COMPATIBILITY. 1
7-104. SOURCE
OF WATER. 1
A. BOCC Determination. 1
B. Determination of Adequate Water. 1
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. 2
A. Water Distribution Systems. 2
B. Wastewater
Systems. 2
7-106. PUBLIC UTILITIES. 3
A. Adequate Public Utilities. 3
B. Approval of Utility Easement by Utility Company. 3
C. Utility Location. 3
D. Dedication of Easements. 3
E. Construction
and Installation of Utilities. 3
F. Conflicting Encumbrances. 3
7-107. ACCESS AND ROADWAYS. 4
A. Access to Public Right-of-Way. 4
B. Safe Access. 4
C. Adequate Capacity. 4
D. Road Dedications. 4
E.
Impacts Mitigated. 4
F. Design Standards. 4
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. 6
7-109. FIRE PROTECTION. 7
A. Adequate Fire Protection. 7
B. Subdivisions. 7
DIVISION 2.
GENERAL RESOURCE PROTECTION STANDARDS. 7
7-201. AGRICULTURAL LANDS. 7
A. No Adverse Affect to Agricultural Operations. 7
B. Domestic Animal Controls. 7
C. Fences. 7
D. Roads. 7
E. Irrigation
Ditches. 7
7-202. WILDLIFE HABITAT AREAS. 8
A. Buffers. 8
B. Locational Controls of Land Disturbance. 8
C. Preservation of Native Vegetation. 8
D. Habitat Compensation. 8
E. Domestic
Animal Controls. 8
7-203. DRAINAGE AND EROSION. 8
A. Erosion and Sedimentation. 9
B. Drainage 9
C. Stormwater Run-Off. 10
7-204. ENVIRONMENTAL QUALITY. 11
A. Air Quality. 11
B. Water
Quality. 11
7-205. WILDFIRE HAZARDS. 11
A. Location Restrictions. 11
B. Development Does Not Increase Potential Hazard. 11
C. Roof Materials and Design. 12
7-206. NATURAL AND GEOLOGIC
HAZARDS. 12
A. Utilities. 12
B. Development in Avalanche Hazard Areas. 12
C. Development in Landslide Hazard Areas. 12
D. Development in Rockfall Hazard Areas. 13
E. Development in Alluvial
Fan Hazard Area. 13
F. Slope Development. 13
G. Development on Corrosive or Expansive Soils and Rock. 14
H. Development in Mudflow Areas. 15
I. Development Over Faults. 15
7-207. RECLAMATION. 15
A.
Applicability. 15
B. Reclamation of Disturbed Areas. 15
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. 16
7-301. COMPATIBLE DESIGN. 16
A. Site Organization. 16
B. Operational
Characteristics. 16
C. Buffering. 16
D. Materials. 16
7-302. OFF-STREET PARKING AND LOADING STANDARDS. 16
A. Off-Street Parking Required. 16
B. Off-Street Loading Required. 17
C. Continuing
Obligation. 17
D. Location of Required Parking Spaces. 17
E. Loading and Unloading. 17
F. Parking and Loading Area Surface. 18
G. Minimum Dimensions of Parking Areas. 18
H. Compact Car
Spaces. 18
I. Minimum Dimensions of Loading Berths. 18
J. Handicapped or Accessible Parking. 18
K. Unobstructed Access. 18
L. Tandem Parking. 19
M. Backing Onto Public Streets Prohibited. 19
N. Acces
s Driveways. 19
O. Parking and Loading Area Landscaping and Illumination. 19
7-303. LANDSCAPING STANDARDS. 19
A. General Standards. 19
B. Multi-Family Development. 19
C. Subdivision,
PUD, and Rural Land Development Exemption. 20
D. Plants Compatible with Local Conditions. 20
E. Existing Vegetation. 20
F. Minimum Size. 20
G. Minimum Number of Trees and Shrubs. 20
H. Parking
and Storage Prohibited. 20
I. Clear Vision Area. 20
J. Landscaping Within Off-Street Parking Areas. 21
7-304. LIGHTING STANDARDS. 22
A. Downcast Lighting. 22
B. Shielded Lighting. 22
C. Hazardous
Lighting. 22
D. Flashing Lights. 22
E. Height Limitations. 22
7-305. SNOW STORAGE STANDARDS. 22
A. Minimum Area. 22
B. Storage in Parking Spaces Prohibited. 22
C. Storage in Yards and
Open Space Permitted. 23
D. Storage on Public Roadways Prohibited. 23
E. Drainage. 23
7-306. TRAIL AND WALKWAY STANDARDS. 23
A. Recreational and Community Facility Access. 23
B. Safety. 23
C. Mainte
nance. 23
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. 23
7-401. GENERAL SUBDIVISION STANDARDS. 23
A. Maintenance of Common Facilities. 23
B. Domestic Animal Control. 24
C. Fireplac
es. 24
D. Development in the Floodplain. 24
7-402. SUBDIVISION LOTS. 24
A. Lots Conform to Code. 24
B. Side Lot Line Alignment. 24
C. Lots Configuration, Cul-de-Sacs. 24
D. Lot Division
by Boundaries, Roads, or Easements Prohibited. 24
7-403. SURVEY MONUMENTS. 25
A. Monuments Located Within Streets. 25
B. Setting by Standard Construction Techniques. 25
7-404. SCHOOL
LAND DEDICATION. 25
A. General. 25
B. Amount of School Land Dedicated. 25
C. Payment-In-Lieu of Dedication of School Land. 26
7-405. TRAFFIC IMPACT FEES. 28
A. General Requirements. 28
DIVISION
5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION. 29
7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS. 29
A. Density. 29
B. Open Space Plan Standards. 31
DIVISION 6. ADDITIONAL
STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED USES. 31
7-601. ANIMAL SANCTUARY. 31
A. Facility. 31
B. Noise. 31
C. On-site Wastewater Treatment System Required. 31
D. Drainage Impacts. 31
7-602.
ANIMAL PROCESSING. 32
7-603. KENNELS. 32
A. Enclosed Building and Noise Prevention. 32
B. Noise. 32
C. Waste and Sewage Disposal System. 32
D. State Licensing Required. 32
7-604.
VETERINARY CLINIC. 32
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. 32
7-701. ACCESSORY DWELLING UNIT. 32
A. Maximum Floor Area. 32
B. Ownership Restriction. 32
C. Compliance
with Building Code. 32
D. Minimum Lot Area. 32
E. Entrance to Dwelling Unit. 33
7-702. HOME OFFICE/BUSINESS. 33
A. Activities Incidental and Secondary. 33
B. Activity Contained. 33
C. Provision
of Mandatory Parking Spaces. 33
D. Activities Conducted by Resident. 33
E. Disturbances. 33
F. Display of Goods and Retail Sales. 33
G. Signage. 33
7-703. MANUFACTURED HOME PARK. 33
A. Park
Layout. 33
B. Foundation and Anchors. 34
C. Landscaping. 34
D. Certification of Manufactured Homes. 34
7-704. GROUP HOME FACILITIES. 34
A. Required Permits. 34
B. Location Restrictions. 34
C. Overni
ght Shelter. 35
D. Short-Term Care Facility. 35
E. Transitional Housing. 35
7-705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR. 35
A. Adequate Site Plan. 35
B. Water Systems. 35
C. Wastewater
Systems. 36
D. Inhabitants. 36
E. Clean, Safe, and Sanitary Condition. 36
F. Fire Protection General Requirements. 37
G. Trash and Food Storage. 37
H. Notification of Site Development. 37
I. No
Domestic Animals Allowed. 37
J. Reclamation and Revegetation Plan. 37
K. Expiration or Revocation of Land Use Change Permit. 39
7-706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR. 39
A. Federal,
State, and Local Laws and Regulations. 39
B. Notification of Facility Installation and Removal. 39
C. Water Systems. 39
D. Wastewater Systems. 39
E. Clean, Safe, and Sanitary Condition. 39
F. Trash
and Food Storage. 39
G. Fire Protection. 39
H. No Domestic Animals Allowed. 39
I. Removal of Facility. 39
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL. 40
A. Notification of
Occupation and Removal. 40
B. General Information to be Provided. 40
C. Federal, State, and Local Laws and Regulations. 40
D. Water System. 40
E. Wastewater Systems. 40
F. Clean, Safe,
and Sanitary Condition. 40
G. Trash and Food Storage. 41
H. Fire Protection. 41
I. No Domestic Animals Allowed. 41
J. Third Party Inspection. 41
DIVISION 8. ADDITIONAL STANDARDS FOR
PUBLIC/INSTITUTIONAL USES. 41
7-801. AIRCRAFT, ULTRALIGHT OPERATIONS. 41
7-802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. 41
A. Refueling or Maintenance. 41
B. Layout Plan
for Aircraft Landing Strip. 41
C. Layout Plan for Helistop. 41
7-803. AIRPORTS AND HELIPORTS. 42
A. Standards for Site Selection of Airport or Heliport Location or Expansion. 42
B. Fabrication,
Service, and Repair Operations. 43
C. Storage of Materials. 43
7-804. FAMILY CHILD CARE HOME AND CHILD CARE CENTER. 43
A. Required Permits. 43
B. Parking. 43
DIVISION 9. ADDITIONAL
STANDARDS FOR COMMERCIAL USES. 43
7-901. BROADCASTING STUDIO. 43
A. FCC and FAA Approval. 43
B. Co-Location Communication Facilities. 43
7-902. NURSERY/GREENHOUSE. 43
A. Accessory
Dwelling Unit. 43
B. Storage of Materials and Equipment. 43
7-903. OPTIONAL PREMISES CULTIVATION OPERATION. 43
A. Signs. 43
B. Odor. 44
C. Visual. 44
D. Location. 44
E. On-Site Use. 44
F. Other
Applicable Licenses. 44
G. On-Site Notice. 44
H. Compliance with Other Laws and Regulations. 45
7-904. SHOOTING GALLERY. 45
A. Design. 45
B. Sanitary Facilities. 45
7-905. CAMPGROUND/RECREATIONAL
VEHICLE PARK. 45
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES. 45
7-1001. INDUSTRIAL USE. 45
A. Residential Subdivisions. 45
B. Setbacks. 45
C. Concealing and Screening. 45
D. Storing. 45
E. Industrial Wastes. 45
F. Noise. 46
G. Ground Vibration. 46
H. Interference, Nuisance, or Hazard. 46
7-1002. GRAVEL EXTRACTION. 46
A. Water Quantity and Quality Impacts/Floodplain
Impacts. 46
B. Air Quality. 46
C. Noise/Vibration. 47
D. Visual Mitigation. 47
E. County Road System. 48
F. Compatibility with Surrounding Land Uses. 48
G. Revegetation. 48
H. Reclamation. 48
I. Enfo
rcement. 50
7-1003. MINING AND OTHER EXTRACTION USES. 51
A. Roads. 51
B. Routing. 51
C. Emergency Preparedness. 52
7-1004. RECYCLING COLLECTION CENTERS. 52
A. Customary and Incidental. 52
B. Parkin
g Lot Location. 52
C. Stored Products. 52
D. Maintenance. 52
E. Organic Materials. 52
7-1005. SEWAGE TREATMENT FACILITY. 52
A. Exempt from Minimum Lot Size. 52
B. Accessory to the Primary
Use. 52
7-1006. SOLID WASTE DISPOSAL SITE AND FACILITY. 52
7-1007. VEHICLE SAFETY AREAS. 52
A. Continuing Obligation. 52
B. Prohibited Uses. 52
DIVISION 11. ADDITIONAL STANDARDS FOR
UTILITIES. 53
7-1101. SOLAR ENERGY SYSTEMS. 53
A. Signage. 53
B. Solar Energy Systems, Accessory. 53
7-1102. TELECOMMUNICATIONS FACILITIES. 53
A. New Towers and Facilities. 53
B. Structural
and Engineering Standards. 54
C. Public Utility Structures. 54
D. Design, Materials, and Color. 54
E. Lighting and Signage. 54
F. Non-Interference. 54
G. Federal Aviation Agency Form. 54
H. Telecommu
nications Act. 55
7-1103. WATER RESERVOIR. 55
DIVISION 12. ADDITIONAL STANDARDS FOR ACCESSORY USES. 55
7-1201. ACCESSORY USE. 55
A. Accessory Building. 55
B. Accessory Structure. 55
ARTICLE 7: STANDARDS
DIVISION 1. GENERAL APPROVAL STANDARDS.
The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this
Code a use is explicitly exempt from one or more standards.
7-101. ZONE DISTRICT USE REGULATIONS.
The Land Use Change shall comply with Article 3, Zoning, including any applicable
zone district use restrictions and regulations.
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS.
The Land Use Change is in general conformance with the Garfield County
Comprehensive Plan and complies with any applicable intergovernmental agreement.
7-103. COMPATIBILITY.
The nature, scale, and intensity of the proposed use are compatible with adjacent
land uses.
7-104. SOURCE OF WATER.
All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except
for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler.
BOCC Determination.
The BOCC, pursuant to C.R.S. § 29-20-301, et seq.,
shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of
the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that
the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application.
Determination of Adequate Water.
The BOCC’s sole
determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following
information:
The documentation required by the Water Supply Plan per section 4-203.M.;
A letter from the State engineer commenting on the documentation provided in the Water Supply Plan
per section 4-203.M.;
Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to
serve the proposed development; and
Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate,
including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes.
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS.
Water Distribution Systems.
The land use shall be served by a water distribution system that is adequate to serve the proposed
use and density.
Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells.
A
Central Water Distribution System is required if:
The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development,
and connection is practicable and feasible; or
The residential development consists of 15 or more dwelling units.
Wastewater Systems.
The land use shall be served by a wastewater
system that is adequate to serve the proposed use and density.
Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not
physically or economically feasible, a central collection system and treatment plant is preferred.
A central wastewater system is required if
The property is located within 400 feet
of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible.
The property is not suitable for
an ISDSOWTS. Septic systems are not permitted on parcels less than 1 acre in size.
TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS
Type of Disposal
Method of Disposal
Lot
Area
Less than 1 Acre
1 to 2 Acres
Over 2 Acres
On Lot1
Cesspool
Prohibited
Prohibited
Prohibited
Anaerobic: Septic Tank (Subsurface) or Dispersal Method
Prohibited2
Allowed3
Allowed
Aerobic: Aeration Plant and Disposal or Dispersal Method
Prohibited2
Allowed3
Allowed
Off Lot4
Nondischarging: Subsurface Disposal
Allowed
Allowed
Allowed
Discharging:
Ground Surface or Waters of the State
Allowed
Allowed
Allowed
Notes:
1. Shall comply with County OWTSISDS regulations and applicable State requirements.
2. Prohibited for new
development; may be considered for legally pre-existing single lot.
3. Domestic water shall be supplied from an approved source.
4. Shall be approved by the State.
7-106. PUBLIC UTILITIES.
Adequate Public Utilities.
Adequate Public Utilities shall be available to serve the land use.
Approval of Utility Easement by Utility Company.
Utility
easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The
Applicant shall work with the utility companies to provide reasonably- sized easements in appropriate locations.
Utility Location.
Unless otherwise provided in this Code, the following
conditions shall apply to the location of utility services.
Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter
cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical
or not feasible and will result in undue hardship.
Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either
within roads or public rights-of-way.
Dimensional Requirements.
Easements centered on common Rear Lot Lines shall be at least 16 feet wide.
Where an easement abuts a Rear Lot Line that
is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet.
Where inclusion of utilities within the Rear
Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory
access to the road or Rear Lot Line.
Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or
Wetlands, an additional utility easement of at least 10 feet in width shall be provided.
Multiple use of an easement is encouraged to minimize the number of easements.
Dedication of
Easements.
All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA.
Construction and Installation of Utilities.
Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that
avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions.
Conflicting Encumbrances.
Easements shall be free from conflicting
legal encumbrances.
7-107. ACCESS AND ROADWAYS.
All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer.
Access to Public Right-of-Way.
All
lots and parcels shall have legal and physical access to a public right-of-way.
Safe Access.
Access to and from the use shall be safe and in conformance with applicable County, State,
and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying
for those improvements.
Adequate Capacity.
Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The
use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact
fees, or both.
Road Dedications.
All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless
the BOCC specifically designates and accepts them as such.
Impacts Mitigated.
Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through
roadway improvements or impact fees, or both.
Design Standards.
Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows:
Table 7-107: Roadway Standards
Design
Standards
Major Collector
Minor Collector
Secondary Access
Rural Access
Semi Primitive
Primitive/ Driveway
Public Land Access
Design Capacity (ADT)
2501+
401 - 2500
201
– 400
101-200
21 – 100
0 – 20
No Access to DU
Minimum ROW Width (Feet)
80
60
50
50
40
15 to 30
30
Lane Width (Feet)
12
12
11
11
8
Single Lane
12
Single Lane
12
Shoulder
Width (Feet)
8
6 Min. Paved
6
4 Min. Paved
6
4 Min. Paved
4
2 Min. Paved
2
0
0
Ditch Width (Feet)
10
10
6
6
4
3
0
Cross Slope
2%
2%
2%
2% Chip/Seal
3% Gravel
2%
Chip/Seal
3% Gravel
2%
n/a
Shoulder Slope
3%
3%
5%
5%
5%
n/a
n/a
Design Speed
35 mph
35 mph
n/a
n/a
n/a
n/a
n/a
Minimum Radius (Feet)
425
185
80
80
50
40
n/a
Maxi
mum % Grade
8%
8%
10%
12%
12%
12%
12%
Surface
Asphalt or Chip/Seal
Chip/Seal
Chip/Seal or Gravel
Gravel
Gravel
Native
Material
n/a
1 As determined adequate in an
engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW.
2 If determined necessary for adequate drainage.
Circulation and
Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development.
Roads
shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another.
Intersections. No more
than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off-set intersections, unless otherwise approved by the County.
Street Names. Street names shall be consistent
with the names of existing streets in the same alignment. There shall be no duplication of street names in the County.
Congestion and Safety. The road system shall be designed to minimize
road congestion and unsafe conditions.
Continuation of Roads and Dead-End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when
appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities.
If the adjacent property is undeveloped and the road must be temporarily
dead-ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include
a Plat notation that land outside the normal road right-of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process.
Dead-end
streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may
approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided.
Cul-de-sacs shall have a radius of at least 45 feet
measured from the center of the cul-de-sac, and
Nonresidential development shall have at least a 75-foot right-of-way where tractor trailer trucks will enter the property; and
Residential
development shall have a 50-foot right-of-way;
T-shaped Turnaround.
Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter
the property; and
Residential development shall have a minimum turning radius of 50 feet.
Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary
with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround
with a minimum turning radius of 50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will
enter the property. A dead-end street is different from a cul-de-sac in that a dead-end street has no permanent turnaround at the end of the street.
Relationship to Topography. Streets
shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography,
hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways,
then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required.
Erosion and Drainage. The road system shall minimize erosion and provide
for efficient and maintainable drainage structures.
Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict
between vehicular and pedestrian traffic.
Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency
equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law
enforcement.
Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County
Road and Bridge Department or other referral agencies.
Drainage Structures.
Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall
be provided as determined by design and in conformance with the County road standards.
Culverts are required where driveways connect to roadways unless specifically exempted by the County
Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways
must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the
County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5.
Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly
as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25-year, 24-hour storm
event.
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS.
Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding,
or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional
engineer and as approved by the County.
7-109. FIRE PROTECTION.
Adequate Fire Protection.
Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district.
Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection,
fire hydrants, and maintenance provisions.
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS.
The following resource protection standards apply to all proposed Land Use Changes, including
divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards.
7-201. AGRICULTURAL LANDS.
No Adverse Affect to Agricultural Operations.
Land
Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed
division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production.
Domestic
Animal Controls.
Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the
care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals.
Fences.
The County is a Right
to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural
Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts,
and wiring shall be maintained by the owner, HOA, or other responsible entity.
Roads.
Roads shall be located a sufficient distance back from the property boundaries so that normal
maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock
and crops.
Irrigation Ditches.
Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including
maintenance, can continue uninterrupted.
Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way.
Maintenance Easement. A maintenance easement of at least
25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the division of land or for the final development plan for any other land use. When
agreed to in writing by the ditch owner(s), that distance may be decreased.
7-202. WILDLIFE HABITAT AREAS.
The Applicant shall consult with the Colorado Division of Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts
to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following:
Buffers.
Visual and sound buffers shall be created through effective use of
topography, vegetation, and similar measures to screen structures and activity areas from habitat areas.
Locational Controls of Land Disturbance.
Land disturbance shall be located
so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe
topography or climate.
Preservation of Native Vegetation.
Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based
upon recommendations by the Colorado Division of Wildlife.
When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation
capable of supporting post-disturbance land use.
Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious
weeds from becoming established.
Habitat Compensation.
Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect
existing habitat to compensate for habitat that is lost to development.
Domestic Animal Controls.
The County may require protective covenants or deed restrictions as necessary to
control domestic animals by fencing or kenneling.
7-203. PROTECTION OF WATERBODIES.
Minimum Setback.
A setback of 35 feet measured horizontally from the Typical and Ordinary High Water
Mark (TOHWM) on each side of a Waterbody is required.
/
In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except
for those referenced
in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less.
A minimum setback of 100 feet measured horizontally from the
TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads.
Structures Permitted In Setback.
Irrigation and water diversion facilities, flood control
structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot is setback may be permitted.
Structures and Activity
Prohibited in Setback.
Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback:.
Removal of any existing nativelive
vegetation or conducting any activity which will cause any loss of riparian area vegetation, unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased
trees.
Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation
grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved.
Compliance with
State and Federal Laws.
Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division
regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S.
7-204 DRAINAGE AND EROSION.
Erosion and Sedimentation.
Excluding Grading activities
for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE.
Drainage
Site
Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings.
Coordination With Area Storm Drainage Pattern. Individual lot drainage
shall be coordinated with the general storm drainage pattern for the area.
Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall
be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except
where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope.
Subdrains shall be required for all foundations where possible
and shall divert away from building foundations and daylight to proper drainage channels.
Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot.
Stormwater Run-Off.
These standards shall apply to
any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious surface area.
Avoid Direct Discharge to Streams or Other
Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent
water quality degradation, disturbance to adjoining property, and degradation of public roads.
Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining
Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours.
On-Site Treatment. On-site treatment of stormwater
prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan
prior to discharge to any natural Waterbody.
Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional
flows from the proposed project, with treatment by a regional or other stormwater treatment facility.
Minimize Directly-Connected Impervious Areas. The site design shall minimize the
extent of directly-connected impervious areas by including the following requirements:
Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops,
Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies.
Techniques Used in Conjunction
with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed
to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions,
constructed Wetlands, sand filters, dry ponds, etc.
Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged,
unless an alternative design is approved by the County.
Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak
discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include:
Detention facilities shall ensure the post-development
peak discharge rate does not exceed the pre-development peak discharge rate for the 2-year and 25-year return frequency, 24-
hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off-site contribution.
To minimize the threat of
major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100-year storm event without causing property
damage.
Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25-year
return frequency, 24-hour design storm.
Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40-hour emptying time for a design precipitation
event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from
Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant
removal, detention basins length-to-width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation “forebay” is recommended to promote
long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required.
Culverts, drainage pipes, and bridges shall be designed and constructed
in compliance with AASHTO recommendations for a water live load.
7-204. ENVIRONMENTAL QUALITY.
Air Quality.
Any Land Use Change shall not cause air quality to be reduced below acceptable
levels established by the Colorado Air Pollution Control Division.
Water Quality.
At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and
Federal hazardous materials regulations.
7-205. WILDFIRE HAZARDS.
The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility
Index Map as indicated in the County’s Community Wildfire Protection Plan.
Location Restrictions.
Development associated with the land use change shall not be located in any area designated
as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service.
Development Does Not Increase Potential Hazard.
The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel
composition. All new divisions of land should consider implementation of the International Wildland Interface Code or designing in accordance with FireWise Communities.
Roof Materials and Design.
Roof materials shall be made of noncombustible “Class A” materials consistent with Firewise construction, and roofs shall employ a design that is pitched.
7-206. NATURAL AND GEOLOGIC HAZARDS.
Utilities.
Above-ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified
professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved
by the County.
Development in Avalanche Hazard Areas.
Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements
and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County.
Building construction shall be certified to
withstand avalanche impact and static loads and otherwise protected by external avalanche-defense structures that have been similarly certified.
Driveways and Subdivision roads shall
avoid areas where avalanches have return periods of fewer than 10 years.
Clear-cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or
in other locations that can increase the potential avalanche hazard on the property.
Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless
a program of avalanche control and defense measures has been approved by the County to protect the operation.
Development in Landslide Hazard Areas.
Development may be permitted to
occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified
professional geologist, and as approved by the County.
Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential
slide area and to control surface and subsurface drainage that affects the slide area.
The following development activities shall be prohibited in Landslide Hazard Areas:
Activities
that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently
control surface and subsurface drainage from the development shall be required.
Activities that remove vegetation or other natural support material that contributes to its stability.
Activities that increase the steepness of a potentially unstable Slope.
Activities that remove the toe of the landslide, unless adequate mechanical support is provided.
Development in Rockfall Hazard Areas.
Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas
and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved
by the County.
Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include:
Stabilizing rocks by bolting, gunite
application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls.
Slowing or diverting moving rocks with rock fences, screening, channeling,
damming, or constructing concrete barriers or covered galleries.
Installation of structural barriers around vulnerable structures to prevent rock impact.
The following development
activities shall be prohibited in rockfall Hazard Areas:
Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata.
Activities that
will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support
to a rockfall Hazard Area.
Development in Alluvial Fan Hazard Area.
Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development
cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional
geologist, and as approved by the County:
Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris
flow.
Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge
area shows that disturbance is not substantial or can be successfully mitigated.
Slope Development.
Development on Slopes 20% or greater shall only be permitted to occur if the Applicant
demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist,
and as approved by the County:
Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The
study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems.
Development shall be permitted
to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such
areas and the development complies with the following minimum requirements:
Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction.
Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow
the contours of the natural terrain and, if feasible, shall be located behind existing landforms.
Development on Unstable or Potentially Unstable Slopes. If a site is identified as
having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development
complies with certified geotechnical design and construction stabilization and maintenance measures.
Cutting into the Slope is prohibited without provision of adequate mechanical support.
Adding
water or weight to the top of the Slope, or along the length of the Slope, is prohibited.
Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately
maintained.
Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and
the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved
by the County:
The development shall be designed to withstand down Slope movement.
The design shall include buried foundations and utilities below the active Talus Slope surface.
Site
disturbance shall be minimized to avoid inducing slope instability.
The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided.
Development on Corrosive
or Expansive Soils and Rock.
Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development’s effect on Slope stability
and shrink-swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design,
construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County.
Surface drainage
shall be directed away from foundations.
Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase
adverse impacts to the development site or to adjacent or other property.
Development in Mudflow Areas.
Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development
adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as
approved by the County.
Development Over Faults.
Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development
complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved
by the County.
7-207. RECLAMATION.
Applicability.
These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to
the following activities:
Installation of ISDS. Installation of a new or replacement ISDS.
Driveway Construction. Any driveway construction that requires a Garfield County Access
Permit or a CDOT Access Permit.
Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used
for the short-term preparation of the site.
Reclamation of Disturbed Areas.
Areas disturbed during development shall be restored as natural-appearing landforms that blend in with adjacent
undisturbed topography.
Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured
so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on-site vegetation within 2 growing seasons,
using species with a diversity of native and/or desirable nonnative vegetation capable of supporting the post-disturbance land use. To the maximum extent feasible, disturbed areas shall
be revegetated to a desired plant community with composition of weed-free species and plant cover typical to that site.
Application of Top Soil. Top soil shall be stockpiled and placed
on disturbed areas.
Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness
of cut Slopes and to provide planting pockets conducive to revegetation.
Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs,
stumps, roots, or other such flammable lot-clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection
approval.
Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site.
Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site.
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS.
These standards apply
to all residential uses, excluding single-family, commercial and industrial uses, and divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards.
7-301. COMPATIBLE DESIGN.
The design of development associated with the land use change shall be compatible with the existing character of adjacent uses.
Site Organization.
The
site shall be organized in a way that considers the relationship to streets and lots, solar access, parking, pedestrian access, and access to common areas.
Operational Characteristics.
The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas
and docks.
Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property.
Noise shall not exceed State noise standards pursuant
to C.R.S., Article 12 of Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rules regarding noise abatement.
Hours of operation shall
be established to minimize impacts to adjacent land uses.
Buffering.
Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent
uses are in a different zone district.
Materials.
Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses.
7-302. OFF-STREET PARKING
AND LOADING STANDARDS.
Off-Street Parking Required.
All land uses shall be required to provide the number of off-street parking spaces set forth in Table 7-302.A. Any use not specifically
listed in Table 7-302.A. shall be determined by the Director.
A parking or loading space that is required by this Code shall not be a required parking or loading space for another use
unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the following conditions,
may reduce the number of off-street parking spaces by up to 20% of the total required for all uses.
The peak use periods for the required parking or loading space will not overlap with
one another.
The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites.
When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of
spaces.
Table 7-302.A.: Minimum Off-Street Parking Standards By Use
Use Type
Parking Standard
RESIDENTIAL USES
Single-Unit
2 Spaces Per Unit
2-Unit
2 Spaces Per Unit
Multi-Unit
2.5 Spaces Per Unit
Manufactured Home Park
2 Spaces Per Unit
Transitional Housing
1 Space Per Unit
Overnight/Emergency Shelter
1 Space Per Staff1
PUBLIC/INSTITUTIONAL
USES
Auditorium/Public Assembly Areas
1 Space Per 100 Square Feet of Seating Area
Public Facility
1 Space Per 300 Square Feet of Floor Area2
Health Facility
1 Space Per
300 Square Feet of Floor Area2
COMMERCIAL USES
Lodging
1 Space Per Room
Restaurant and Tavern
1 Space Per Every 4 Seats
Retail, Service, or Office
1 Space Per 250 Square
Feet of Leasable Floor Area
Wholesale Establishment, Warehouse, Rail or Truck Freight Terminals
1 space per 2,000 square feet of Floor Area
Recreational Vehicle Park
1 Space
per Recreational Vehicle
INDUSTRIAL USES
Manufacturing Establishments
1 Space Per 1,000 Square Feet of Floor Area
1. Computed on the basis of the estimated maximum number of
employees and volunteers on the site at any given time.
2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office
purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors, mechanical areas, and storage areas used solely by tenants on the site.
Off-Street
Loading Required.
Buildings or structures that are designed or that are substantially altered so as to receive and distribute materials and merchandise by truck shall provide and maintain
off-street loading spaces in sufficient number to meet their need. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles, the standards in
Table 7-302.B. shall be used in establishing the minimum number of off-street loading berths required.
Table 7-302.B: Off-Street Loading Requirements
Gross Floor Area of Building
Required
Berths or Spaces
Up to 10,000 Square Feet
1 Space
Greater Than 10,000 Square Feet
2 Spaces
Continuing Obligation.
The provision and maintenance of off-street parking and
loading spaces that comply with this Code shall be a continuing obligation of the property owner.
Location of Required Parking Spaces.
Required off-street parking spaces shall be located
on the same lot or the adjacent lot proximate to the business they are intended to serve.
Loading and Unloading.
Loading and unloading of vehicles serving commercial and industrial
uses shall be conducted in a manner that does not interfere with the proper flow of traffic.
Parking and Loading Area Surface.
Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials
that are suitable for the uses to which the parking area will be put.
Grading and Drainage. Parking and loading surfaces shall be design by an engineer to ensure proper drainage off
surface and stormwater.
Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces.
Minimum
Dimensions of Parking Areas.
The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-302. The length of a parking space may be reduced to 18
feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent
walkway to less than 4 feet.
Compact Car Spaces.
In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed and designated
for compact cars.
Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length.
Signage. Compact car spaces shall be designated for
exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions.
Figure 7-302: Parking Space Dimensions
Minimum Dimensions
of Loading Berths.
The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in
connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased.
Handicapped or Accessible Parking.
Accessible parking shall comply with
the County’s construction codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1.
Unobstructed Access.
Each required parking space shall have unobstructed access from
a road or Alley, or from an aisle or drive connecting with a road or Alley, except for approved residential tandem parking.
Tandem Parking.
Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code:
The
space does not impede the movement of other vehicles on the site;
Tandem spaces serving multi-family dwelling units are assigned to the same dwelling unit; and
Valet parking shall
be provided for tandem spaces serving commercial uses.
Backing Onto Public Streets Prohibited.
All parking areas shall be located and designed in conjunction with a driveway so that
vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto
a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property.
Access Driveways.
Access driveways for
required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of
pedestrian and vehicular traffic on the site.
Minimum Width.
The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1-way drive and 24 feet
for a 2-way drive.
The access driveway for a residential use shall be 10 feet for a 1-way drive and 20 feet for a 2-way drive.
Clear Vision Area. Access driveways shall have a minimum
clear vision area as described and illustrated in section 7-303.I.
Parking and Loading Area Landscaping and Illumination.
Off-street parking and loading areas for nonresidential
uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper
screening of loading areas with opaque materials, and control of illumination.
7-303. LANDSCAPING STANDARDS.
These standards apply to all residential uses, excluding single-family
and ADUs, public/institutional uses, commercials uses, as well as residential or commercial Subdivisions and PUDs, and Rural Land Development Exemptions.
General Standards.
All portions
of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive,
and drought-tolerant grasses, ground covers, trees and shrubs. The density of the re-established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing
season.
Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted
within 4 feet of existing overhead or underground lines
Multi-Family Development.
Lots in a Residential Zone District that contain multi-family dwellings shall be landscaped in the areas not covered by impervious materials.
Subdivision, PUD, and Rural Land Development
Exemption.
Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development, the unique
ecosystem, and specific environment in which the development is located.
Plants Compatible with Local Conditions.
All plants used for landscaping shall be compatible with the local
climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, Slopes, drainage ways, or similar natural areas, plant material should duplicate
adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized. Xeriscape
design principles and the use of native plant species shall be used when appropriate.
Existing Vegetation.
Healthy trees, native vegetation, natural or significant rock outcroppings,
and other valuable features shall be preserved and integrated within planting areas.
Minimum Size.
To ensure healthy plant materials are installed in new development, trees and
shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26.
Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in
caliper, measured at a point 4 inches above the ground.
Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top
of the tree.
Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground.
Shrubs and Vines. Shrubs shall be a
minimum of 1 foot in height at time of planting. Vines shall be in a minimum 1 gallon container.
Minimum Number of Trees and Shrubs.
Trees and shrubs must be grouped in strategic areas
and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semi-opaque wall of plant material between the property and the adjoining
area to be screened.
Parking and Storage Prohibited.
Areas required as landscaping shall not be used for parking, outdoor storage, and similar uses, but may be used for snow storage
if designed in compliance with section 7-305, Snow Storage Standards.
Clear Vision Area.
A Clear Vision Area is the area formed by the intersection of the driveway centerline road
right-of-way, the other road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection as illustrated in Figure 7-303.A. Within a Clear
Vision Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions or blind corners at intersections as illustrated in Figure 7-303.B.
/
Figure 7-303 A: Clear Vision Area Space.
/
Figure 7-303 B: Plant Material in a Clear Vision Area.
Landscaping Within Off-Street Parking Areas.
All off-street parking areas containing
15 or more spaces shall provide landscape buffers when adjacent to a public road. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate
materials to effectively screen the parking area from the right-of-way.
Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape
planting islands shall be a minimum of 8 feetinches in width, as shown in Figure 7-303.C, to ensure adequate room for planting.
/
Figure 7-303 C: Planting Strip
7-304. LIGHTING STANDARDS.
Any exterior lighting shall meet the following conditions:
Downcast Lighting.
Exterior lighting shall be designed so that
light is directed inward, towards the interior of the Subdivision or site.
Shielded Lighting.
Exterior lighting shall be fully shielded or arranged in a manner so that concentrated
rays of light will not shine directly onto other properties.
Hazardous Lighting.
The direct or reflected light from any light source shall not create a traffic hazard. Colored lights
shall not be used in such a way as to be confused or construed as traffic control devices.
Flashing Lights.
Blinking, flashing, or fluttering lights, or other illuminated device that
has a changing light intensity, brightness, or color, shall be prohibited in all zone districts.
Height Limitations.
Light sources which exceed 40 feet in height shall not be permitted
except for temporary holiday displays or as required by local, State or Federal regulations.
7-305. SNOW STORAGE STANDARDS.
The following standards apply on any property that contains
commercial or industrial uses, multi-family residential, or that have a common outdoor parking area:
Minimum Area.
A designated area sufficient to store snow from the entire parking
area shall be provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to
2.5% of the total area of the required off-street parking and loading area, including access drives, shall be designated to serve as a snow storage area.
Storage in Parking Spaces
Prohibited.
Required off-street parking and loading areas shall not be used for snow storage.
Storage in Yards and Open Space Permitted.
Snow stored in a yard or Open Space shall not be located in a manner that restricts access or circulation, or obstructs the view of motorists.
Storage
on Public Roadways Prohibited.
Public roads shall not be used for snow storage.
Drainage.
Adequate drainage shall be provided for the snow storage area to accommodate snowmelt and
to ensure it does not drain onto adjacent property.
7-306. TRAIL AND WALKWAY STANDARDS.
Recreational and Community Facility Access.
A multi-modal connection, such as a trail or sidewalk,
shall be provided in a development where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities are feasible.
Trail Dedication Standards. Trail rights-of-way
for dedicated park lands and Open Space shall conform to the following criteria:
The land required for trails or walkways shall be set aside as an easement or separate fee interest.
All
easements for trails and walkways will be dedicated to the public.
The width of the easement shall be adequate to handle the proposed use based on the particular reasonable needs of
the trail, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be 8 feet.
Public access to the trail shall be provided
within the subject property.
Any easement may overlap and include property previously included in other easements, such as ditch, canal, utility and Conservation Easements, and public
or private open space. However, the trail easement shall not compromise the functional use of any other easement.
Safety.
Special structures and/or traffic control devices may be
required at road crossings to avoid unsafe road crossings.
Maintenance.
Suitable provisions for maintenance of trail and walkway systems shall be established through a perpetual association,
corporation, or other means acceptable to the County.
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS.
The following standards apply to all divisions of land unless elsewhere
in this Code a division of land is explicitly exempt from 1 or more standards.
7-401. GENERAL SUBDIVISION STANDARDS.
Maintenance of Common Facilities.
Maintenance of common facilities
must be accomplished either through covenants of a homeowners association, a separate maintenance agreement, or some other perpetual agreement.
Domestic Animal Control.
In each residential unit within the Subdivision, domestic animals shall be confined within the owner’s property boundaries and kept under control when not
on the property. This requirement for domestic animal control shall be included in the protective covenants for the Subdivision, with enforcement provisions acceptable to the County.
Fireplaces.
Any new solid-fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited to 1 per lot within a Subdivision. Open hearth, solid-fuel fireplaces shall be prohibited.
All dwelling units shall be allowed natural gas burning stoves and appliances.
Development in the Floodplain.
All Subdivision proposals shall be reasonably safe from flooding. If
a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.
BFE data shall be generated by the Applicant for Subdivision proposals
and other proposed development which are greater than 50 lots or 5 acres, whichever is less.
All Subdivision proposals, including the placement of Manufactured Home Parks, shall have
adequate drainage provided to reduce exposure to flood hazards.
All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have public utilities
and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.
7-402. SUBDIVISION LOTS.
All lots in any Subdivision
shall conform to the following specifications:
Lots Conform to Code.
Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district
requirements and other appropriate provisions of this Code.
The Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions
or geology.
Lot characteristics shall be appropriate for the location of the development and the type of use allowed.
Depth and width of lots shall be adequate to provide for the required
off-street parking and loading facilities required by the type of use and development contemplated.
The width of residential corner lots shall be sufficient to accommodate the required
building setback from both roads.
Side Lot Line Alignment.
Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines.
Lots Configuration, Cul-de-Sacs.
Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line.
Lot Division by Boundaries, Roads, or Easements Prohibited.
No
lots shall be divided by municipal boundaries, County roads or public rights-of-way.
7-403. SURVEY MONUMENTS.
Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51-104 and 38-51-105. Prior to selling or advertising the sale of
lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top
of all monuments, markers, and benchmarks.
Monuments Located Within Streets.
Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so
that their tops are 6 inches below the final street surface. When a street is paved or otherwise surfaced, all such monuments within the paved or surfaced area shall be fitted with
monument boxes of sturdy construction. Monuments set after paving or surfacing shall also be provided with sturdy monument boxes.
Setting by Standard Construction Techniques.
All
monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC.
7-404. SCHOOL LAND DEDICATION.
General.
The BOCC shall require reservation, dedication, or payment in lieu for school land. The BOCC may require payment of a sum of money not exceeding the fair market value of
such sites and land areas, or a combination of land dedication and payment in lieu of dedication.
Amount of School Land Dedicated.
The proportion of land to be reserved or dedicated
for school land shall be based upon the size, location, and characteristics of the proposed Subdivision, the current and likely future uses of the surrounding area, and the impact of
the Subdivision on public services and facilities. The amount of land dedicated for public purposes shall be roughly proportionate to the impacts of the Subdivision.
Property Within
RE-1 School District. For all property located in the RE-1 School District, the subdivision of land for residential use shall include reservation and dedication of sites and land areas
for schools determined in accordance with the following calculations:
Land Dedication Standard.
Application of the formula for land dedication standard described below results in
the following land dedication standards:
Single Family: 870 square feet per unit, or .020 acres.
Multi-Family: 675 square feet per unit, or .015 acres.
Manufactured Home: 1,261 square
feet per unit, or .029 acres.
If dedication of all or portions of the required school lands is not deemed feasible or in the public interest, the school district may recommend to the
BOCC 1 of the following options:
Guarantee of future land dedication. The Applicant shall submit a letter guaranteeing future dedication of land for school sites and proposing a method
of guarantee acceptable to the BOCC or the receiving agency.
The Applicant provide cash-in-lieu of lands in accordance with the provisions of section 7-404.C.
Final Plat Requirements.
All dedicated lands shall be designated on the Final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat.
Title insurance, provided
by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat.
A certificate
of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat.
Formula
for Land Dedication Standard.
Land Area Provided Per Student x
Students Generated Per Dwelling Unit =
Land Dedication Standard.
Land Area Provided Per Student. The district has determined
that 1,776 square feet of land per student shall be provided for future school sites, based on Table 7-404.
Students Generated Per Dwelling Unit. The number of students generated per
type of dwelling unit shall be based on the following:
Single Family 0.49
Multi-Family 0.38
Manufactured Home 0.71
Table 7-404: Land Area Provided Per Student
Reasonable
Capacity
Recommended Acreage1
School Type
Elementary School
550 students
15.5 acres
Middle School
600 students
26.0 acres
High School
800 students
38.0 acres
Total
1950
students
79.5 acres
Average Summary
Acres Per student
0.04077 acres
Square Feet Per Student
1,776 square feet
1. Based on the Guide for Planning Educational Facilities,
Council of Education Facility Planners International, 1991.
Payment-In-Lieu of Dedication of School Land.
Based upon recommendation from the potential receiving body, the BOCC
may accept a cash payment from the Applicant in lieu of dedicated land (“Payment”), in whole or part.
Property Not Within RE-1 School District. For all property not located in the
RE-1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school
district to pay for school impacts.
Property Within RE-1 School District. Payment shall be based on the unimproved fair market value of the land.
Not to Exceed Market Value.
Payment shall not exceed the current market value of the land that would have been dedicated
to the County or other public entity. If a combination of land dedication and payment is applied, the combination of both land dedication and payment shall not exceed the fair market
value of the total required dedication of sites and land areas
Minimum Payment. Minimum payment shall be $500.00 for any required dedication.
Payment for Schools. Based upon the RE-1
School District’s recommendation, the BOCC can require a cash payment-in-lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements
for public sites and Open Space set forth in this Code.
Formula for Payment.
Unimproved Per Acre Market Value of Land x
Land Dedication Standard x
Number of Units =
Payment
Unimproved
Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the Applicant, by an individual qualified in the
State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate
appraisal by an individual qualified in the State of Colorado to establish the value, which shall be paid for by the school district. In the event the school district declines to conduct
a separate appraisal, the Applicant’s appraisal will be used.
Land Dedication Standard. The land dedication standard set forth in section 7-404.B.
Number of Units. The number of dwelling
units proposed.
Payments Held in Escrow. Payments received by the BOCC shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133.
Release of Land
or Payment. After Final Plat approval and receipt of dedications, the BOCC shall give written notification to the appropriate receiving body.
Following notice by the BOCC, the receiving
body may request the dedication, and the BOCC shall transfer the lands to the appropriate receiving body.
Funds may be released to the appropriate receiving body if the BOCC finds that
the proposed use of funds is compatible with the intent of the payment or sale of the land.
The County shall retain a reasonable management fee for the holding and maintenance of escrow
accounts for payments, provided that the management fee does not exceed the amount of interest generated by the account.
7-405. TRAFFIC IMPACT FEES.
General Requirements.
Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated
from the development, based on Trip Generation rate calculations utilizing the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic
(ADT). The road impact fee shall be determined by using the capital improvements plan and the associated road impact fee requirements.
50% of the road impact fees shall be collected
at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact
fees will be collected at the issuance of a Building Permit.
Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer’s Office for
each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within
20 years of the date that the fee is established. All capital expenditures must be consistent with the capital improvements plan used as a basis for establishing the fee. If, after
20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property
assessed an impact fee, with interest accrued.
To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a property owner has
not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at the time a Building Permit is issued to recoup the
expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds
advanced to complete the project.
The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons
in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project. Any such use of funds must be consistent with the basis for
the impact fee. If, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements
plan within the 20-year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount
of the expenditures made on a particular road system.
As a part of the capital improvements plan, the BOCC may determine that certain portions of the road improvements to a road are
critical to complete before there are any additional traffic generating uses added to the road. If a development is proposed before the County has scheduled to make the necessary improvements
identified in the capital improvements plan, the developer may be allowed to pay the total cost of the needed improvements prior to the County’s schedule. The County will reimburse
the portion of the cost that exceeds the amount that would be applicable for road impact fees, plus interest, by the time the project had originally been scheduled to be completed.
If the BOCC has not
established a base road cost per ADT for the area in question, the Applicant will not be obligated to provide an analysis of the off-site road impacts.
DIVISION 5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION.
7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS.
Density.
For the purposes of this Code, densities proposed
in either the Density Neutral Development Plan or the Increased Density Development Plan shall be determined by the maximum of lots that can practicably be created within the confines
of the minimum Lot Size of the underlying zone district for a particular parcel of land as demonstrated in the Yield Plan.
Density Neutral Development Plan (DNDP). The DNDP allows
a development plan to propose the same maximum number of lots allowed in the underlying zone district for a parcel as defined in a Yield Plan except that the plan may reduce the Lot
Size for individual lots below the minimum Lot Size contemplated in the underlying zone district. All setbacks for the underlying zone district shall be maintained for all proposed
lots. This allows for the density established in the Yield Plan to be transferred in the form of smaller lots to a portion of the same parcel leaving the remainder of the parcel as
Open Space. There are no bonus lots available under this option.
Figure 7-501: This illustration provides an example of a DNDP where the lots achieved in the Yield Plan on
the left have been reduced in size and clustered into pods in the plan on the right. There is no net increase in density.
Increased Density Development Plan (IDDP). The IDDP allows
a development plan to propose an increase in the number of residential lots as contemplated in the underlying zoning district (determined in a Yield Plan), as well as reducing the minimum
Lot Size from what is currently allowed in the underlying zone district. All setbacks for the underlying zone district shall be maintained for all proposed lots. Any increase in density
(also referred to as bonus lots) is a function of the percentage of Open Space proposed in a development plan. More specifically, as the amount of proposed Open Space increases, so
does the percentage of bonus lots awarded. The percentage of Open Space proposed in a development plan is multiplied by 0.5, which results in the percentage
increase in the number of lots configured in the Yield Plan. The calculation is figured in the following way:
Table 1.0
% of Open Space (.5)
=
% Increase
x
Lots in Yield Plan
=
#
Bonus Lots
+
Lots in Yield Plan
=
Total Lots Available
For example, if a Yield Plan indicates a total of 38 lots are possible on a parcel and a developer proposes to convert
40% of the parcel into Open Space, the conversion calculation will show that 5025% of that percentage is 210%, which represents a 1170% increase in the number of lots (38) attainable
in the Yield Plan for a total of 451.86 lots or 7.63.8 bonus lots as shown in Table 2.0. For bonus lots that result in a fraction, they are to be rounded such that if a number is 5.5,
it will be rounded up to 6. If the number is 5.49, it will be rounded down to 5.
Table 2.0
(40%).5
=
0.2
x
38
=
7.6
+
38
=
45.6
Residential Lot Design. The proposed
lot layout shall locate the proposed residential lots such that they are clustered together in specific areas of the parcel. There may be more than 1 separate pod of clustered lots
located throughout the parcel. A design that provides for a majority of lots being directly adjacent to Open Space is encouraged. Not all residential lots can contain site constraints
identified in the Land Suitability Analysis such as steep Slopes, Wetlands, etc. While there is no minimum Lot Size requirement, all lots shall show the proposed lot area and setbacks
on each lot.
Infrastructure and Project Location.
All Conservation Subdivision proposals, regardless of Lot Size, containing 15 or more dwelling units or that have lots 1 acre or less
in size shall be required to provide centralized water and sewer systems through either a special district or municipal service. central water and sewer regardless of their location.
All
Conservation Subdivision designs containing fewer than 15 dwelling units or that propose lots less than 2 acres but greater than 1 acre in size and utilize OWTSISDS, shall be required
to provide a Central Water System. OWTSISDS leach fields and well systems may be located in land designated as Open Space. Such proposals may be located anywhere in unincorporated
Garfield County.
Plans that propose lots that are 1 acre or smaller in size shall only be allowed within the Urban Growth Areas of the municipalities in unincorporated Garfield County
or in special district service areas where the development can be served by their central water and sewage facilities.
Open Space Plan Standards.
Open Space shall be defined as a parcel of land, an area of water, or a combination of land and water within a development designed and intended primarily
for the use or enjoyment of residents, occupants, and owners within that development. For purposes of this Code, Open Space may include areas of land and water that exist in a natural
undeveloped state and are intended to preserve natural areas, environmentally sensitive resources, and existing wildlife habitat. In designing a Conservation Subdivision, the Open Space:
Shall be designed as large contiguous tracts where small “islands” of Open Space are discouraged.
Shall be designed to connect to available existing Open Space on neighboring properties
or tracts of public lands in order to create larger regional tracts of contiguous Open Space.
Shall be designed to protect and not detract from existing wildlife habitat and natural
features of the land, such as steep Slopes, Riparian Areas,
Should, to the extent practical, preserve the historic rural character of the parcel that includes preserving existing natural
land features that buffer the property from adjacent developments and external roads, ridgelines, and view sheds.
May be improved to support passive and active recreation uses such
as trail systems, tot lots, community greens, and ball fields.
May be used for agricultural uses including grazing, irrigated pasture land, and cultivated dryland crop farming in tracts
of land that are intended to perform as viable agricultural units.
Shall not be a yard within a boundary of a residential lot.
Shall not be reserved for any other type of use
DIVISION
6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED USES.
7-601. ANIMAL SANCTUARY.
Facility.
All facilities shall have a minimum of 35 acres of land and animals shall be
contained on the property.
Noise.
No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, except as permitted
by C.R.S. § 25-12-103(2) and (3).
On-site Wastewater Treatment System Required.
OWTS shall be capable of handling all feces and urine waste from the Kennel or building in which animals
are kept, or the feces and urine waste shall be stored in a sealed container capable of being pumped for disposal by a commercial hauler to dispose of such waste at an approved Solid
Waste Disposal Site.
Drainage Impacts.
Any fenced corrals or pastures for keeping animals will be required to demonstrate that drainage will not affect off-site water supplies or water
quality.
7-602. ANIMAL PROCESSING.
All facilities shall be in compliance with USDA, CDPHE, and any other Federal, State, and local regulations.
7-603. KENNELS.
These standards apply to both
Small and Large Kennels.
Enclosed Building and Noise Prevention.
All Kennels shall be completely enclosed within a building, however, a Kennel may have dogs outdoors if the noise from
the Kennel does not exceed the noise standards pursuant to section 7-603.B. and complies with other Garfield County regulations as provided.
Noise.
No noise shall emanate from the property
boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, except as permitted by C.R.S. § 25-12-103(2) and (3).
Waste and Sewage Disposal System.
Liquid
and solid waste, as defined in the Solid Waste Disposal Sites and Facilities Act, C.R.S. § 30-20-100.5, shall be disposed of with either an ISDS or shall be stored and removed for final
disposal in a manner that protects against nuisance and surface and groundwater contamination.
All other waste shall be removed from the site by a commercial hauler to an approved Solid
Waste Disposal Site.
State Licensing Required.
All Kennels shall be required to provide the BOCC with a copy of the license issued by the State Department of Agriculture.
7-604. VETERINARY
CLINIC.
No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, except as permitted by C.R.S. § 25-12-103(2)
and (3).
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES.
7-701. ACCESSORY DWELLING UNIT.
Maximum Floor Area.
The Floor Area of an ADU shall not exceed 1,500 square feet
for a lot less than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater.
Ownership Restriction.
An ADU is restricted to leasehold
interest in the dwelling unit and is for residential or Home Office/Business use only.
Compliance with Building Code.
Construction shall comply with the standards set forth in this
Code and with Building Code requirements.
Minimum Lot Area.
The minimum Lot Size for an ADU is either:
2 acres, or
For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size.
Entrance to Dwelling Unit.
A separate
entrance to the Accessory Dwelling Unit is required.
7-702. HOME OFFICE/BUSINESS.
Activities Incidental and Secondary.
The residence of the person(s) conducting the Home Office/Business
and all Home Office/Business activities, shall remain incidental and secondary to the use of the property for residential purposes. Child day care that takes place in a home is not
considered, for the purposes of this Code, a Home Office/Business.
The amount of space used for the Home Office/Business activity, including any storage, shall not exceed 25% of the
total amount of Floor Area and unfinished Basement, garages and storage areas, in which the business is operating.
The use shall not have the appearance of a commercial use.
Activity
Contained.
The activity shall be contained within a building.
Provision of Mandatory Parking Spaces.
The location of the Home Office/Business shall not interfere with the provision of
mandatory parking spaces for that property.
Activities Conducted by Resident.
All Home Office/Business activities must be conducted by the person(s) who reside at the location. The
activity may be supported by no more than 1 person living off site, such as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other
capacity for the benefit of the Home Office/Business.
Disturbances.
The Home Office/Business activity shall not result in any noise, fumes, dust, electrical disturbance, or traffic
reasonably objectionable to an Adjacent Property Owner.
Display of Goods and Retail Sales.
No Home Office/Business activity may include any window or outdoor display of goods, any stock
in trade, or any other commodities.
Signage.
There shall be no signs advertising a Home Office/Business.
7-703. MANUFACTURED HOME PARK.
Park Layout.
The layout of Manufactured Home
Spaces shall follow variations in natural terrain and preserve unique natural features of the site, such as tree stands, water courses, and rock outcrops, to the extent practicable and
feasible.
Where sites are flat and have few distinguishing features, a curvilinear or clustered pattern for the Manufactured Home Spaces is encouraged.
Interspersing Open Spaces is encouraged.
Foundation and Anchors.
Each Manufactured Home Space shall be improved to include a permanent, engineered foundation adequate for the placement and anchoring of a Manufactured Home
in compliance with the Building Code.
The foundation shall be constructed and approved by the Building Official prior to delivery of the Manufactured Home to the site.
Landscaping.
The
operator/owner shall be responsible for installation and maintenance of landscaping in the park in accordance with the County-approved Landscape Plan.
Additional landscaping may be
required to provide screening or buffering and to soften the visual appearance of a Manufactured Home Park.
Certification of Manufactured Homes.
All Manufactured Homes placed in
or relocated to a Manufactured Home Park after adoption of this Code shall meet the following certification requirements:
The Manufactured Home shall have certification pursuant
to the “National Manufactured Housing Construction and Safety Standards Act of 1974” (42 U.S.C. 5401, et seq.).
Manufactured Homes first occupied in the County after January 1, 1973,
shall have affixed a data plate and heating certificate stating compliance with the following standards:
The home is designed to comply with Federal mobile or Manufactured Home construction
and safety standards in force at the time of manufacture;
The home is designed for Colorado structural and wind zone requirements;
The home is designed for Colorado outdoor winter
design temperature zones; and
The heating equipment installed in the home has capacity to maintain an average 70° F temperature inside the home with an outdoor temperature of -20° F.
7-704. GROUP HOME FACILITIES.
Required Permits.
All applicable Federal, State, and local permits shall be obtained and maintained.
Location Restrictions.
Proximity to Other Group Homes.
Location shall not create a concentration of group homes in a neighborhood. A Group Home Facility shall not be located within 300 feet of another Group Home Facility. The County may
permit 2 such facilities to be located closer than 300 feet apart if they are separated by a physical barrier such as an arterial collector, a commercial district, or a topographic feature.
Health, Safety, and Welfare of the Community. The location and operation of the Group Home Facility does not constitute a direct threat to the health, safety, or welfare of the community.
Overnight Shelter.
On-Site Staffing. No facility shall be open for use by clients unless there is staff on site to supervise and oversee the clients.
Waiting Areas. The facility shall
provide an indoor or outdoor waiting area in a size adequate to prevent the anticipated number of clients from queuing into or otherwise waiting in the public right-of-way.
Short-Term
Care Facility.
Maximum Occupancy. For short-term care facilities that operate with sleeping rooms or with open-air dormitory-type sleeping areas, the following occupancy standards
shall apply:
Residential Districts. For a Residential Zoning District, the maximum number of residents of the facility shall not exceed 6 persons for each dwelling unit.
Commercial
Districts. For a Commercial Zoning District, the maximum number of residents of the facility shall not exceed 6 persons for each dwelling unit. Up to 2 additional persons per dwelling
unit equivalents may be permitted if the property is not adjacent to a Residential Zoning District.
Calculating Occupancy. The maximum occupancy for a facility shall be calculated by
summing the number of occupants of the facility, the occupants of any overnight shelter uses and any Transitional Housing uses that are located on the property.
Transitional Housing.
The
maximum number of dwelling units for Transitional Housing shall be the density permitted within the applicable zone district. For Transitional Housing within an Industrial Zone District,
the number of dwelling units permitted shall not exceed 1 dwelling unit for each 1,600 square feet of Lot area on the site.
7-705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR.
Adequate
Site Plan.
The Temporary Employee Housing Operator shall provide to the Sheriff’s Office and the relevant fire protection district a detailed map and GPS coordinates that are sufficient
for emergency response purposes, including:
Location of the Temporary Employee Housing site;
Private and public roadways accessing the site, marked as open, gated and/or locked;
and
Detailed directions to the site from a major public right-of-way.
The map is subject to approval by the Sheriff’s Office and fire protection district.
Water Systems.
Water systems
must comply with all applicable State and local laws and regulations.
All potable water systems must include a meter and the Operator must keep a record of the daily usage.
For sites
to which potable water is hauled, Operators shall:
Keep appropriate records, to be provided to the County upon request, to demonstrate that water supplied to a site is from an
approved source and that wastewater is disposed at an approved facility.
For water facilities not permitted by the CDPHE, the Operator must conduct monthly tests (or quarterly if an
on-site disinfection system is installed) and maintain records of potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the
County Public Health Department.
Water systems facilities permitted by the CDPHE must obtain all necessary State permits or demonstrate that applications for any necessary permits
have been submitted prior to a determination by the County that an application is complete.
Maintain compliance with State regulations at all times during operation.
In no case shall
unsafe water be used for drinking nor shall raw sewage or used water be discharged onto the ground surface.
Wastewater Systems.
Wastewater systems must comply with all applicable State
and local laws and regulations.
Wastewater may be disposed of using either an OWTS or a vault-and-haul system. A vault-and-haul system must demonstrate the following:
Year-round
access is available and maintained for safe and regular access for sewage hauling vehicles;
The Operator can demonstrate and guarantee an arrangement for hauling sewage;
The Operator
will maintain all records, including but not limited to, trip logs/reports and landfill receipts;
The sewage disposal records will be maintained as public records to be available to
the County upon request;
The facility will not exceed a cumulative of 1 year at the approved location; and
The facility has been designed to accommodate 75 gallons of wastewater per
person per day or an amount derived from engineered calculations taken from metered usage rates at a similar facility that has been reviewed and approved by the County.
Inhabitants.
Inhabitants
of the Major Facility shall be Temporary Employee Housing Operator’s employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents
of employees, guests, or other family members.
Clean, Safe, and Sanitary Condition.
Major Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and
refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable Federal, State, and local
laws and regulations.
Fire Protection General Requirements.
Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district.
Single-station
carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit.
Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor
food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Major Facility site.
Notification of Site Development.
If the County grants a
Land Use Change Permit for a Major Temporary Employee Housing Facility, the Operator shall notify the County when site development begins. The Operator shall verify in writing, including
submission of a Site Plan and photo documentation, that the site, water system, and sewage disposal system were designed, installed, and inspected in accordance with the Land Use Change
Permit and comply with all applicable regulations, permits, and conditions. All written documentation and Site Plans verifying compliance must be stamped by a qualified professional
engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with County approvals. A determination of noncompliance with any Land Use Change
Permit, or condition of approval thereof, is grounds for revocation or suspension of said permit.
No Domestic Animals Allowed.
Domestic animals are prohibited.
Reclamation and Revegetation
Plan.
At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. The Operator shall submit as part of the
Site Plan for the Major Temporary Employee Housing Facility, a Reclamation and Revegetation Plan authorized by the landowner for each specific site.
Debris and waste materials shall
be removed including, but not limited to, structures, concrete, footings, sewage disposal and water storage systems and related infrastructure, plastic, sand or gravel, pipe, and cable.
All pits, cellars, and other holes will be backfilled to conform to surrounding terrain as soon as possible after all equipment is removed. All access roads to the site and associated
facilities shall be closed, graded, and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Upon closure of a camp facility, wastewater
tanks shall be completely pumped out and either crushed in place, punctured and filled with inert material, or removed. Any waste material pumped from a wastewater tank or waste debris
from tank removal must be disposed of at an approved facility that is permitted by CDPHE and/or the County to receive said wastes.
Materials may not be burned or buried on the premises.
All disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition
and shall be maintained to control dust, weeds, and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the
land shall be re-leveled as close to its original contour as
practicable. Reclamation shall occur no later than 3 months after the Land Use Change Permit expires or is revoked unless the Director extends the time period because of conditions
outside the control of the Operator.
All areas compacted by Major Temporary Employee Housing Facilities and subsequent operations shall be cross-ripped. On crop land, such compaction
alleviation operations shall be undertaken when the soil moisture at the time of ripping is below 35% of field capacity. Ripping shall be undertaken to a depth of 18 inches unless and
to the extent bed rock is encountered at a shallower depth.
When a Major Temporary Employee Housing Facility is removed, all disturbed areas will be restored and revegetated as soon
as practicable. For disturbed areas not regulated by the COGCC, the following regulations apply:
Revegetation of Crop Lands. All segregated soil horizons removed from crop lands shall
be replaced to their original relative positions and contour, and shall be tilled adequately to reestablish a proper seedbed. The area shall be treated if necessary and practicable
to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be reestablished.
Revegetation
of Noncrop Lands. All segregated soil horizons removed from noncrop lands shall be replaced to their original relative positions and contoured as near as practicable to achieve erosion
control and long-term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding
with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the Operator and the affected surface owner as to what seed mix should
be used, the Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area.
Noxious
Weeds. During occupation and reclamation operations, all disturbed areas shall be kept free of Garfield County and State of Colorado List A and B noxious weeds.
Successful reclamation
of the site and access road will be considered completed when:
On crop land, reclamation has been performed as pursuant to section 7-705.J.4.a. and observation by the County Vegetation
Manager over 2 growing seasons has indicated no significant unrestored subsidence.
On noncrop land, reclamation has been performed pursuant to section 7-705.J.4.b. and the total cover
of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the County Vegetation Manager through a visual appraisal. The Director
shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope, and aspect
of the reclaimed area.
A final reclamation inspection has been completed by the County Vegetation Manager, there are no outstanding compliance issues relating to the County rules, regulations, orders, or permit
conditions, and the Director has notified the Operator that final reclamation has been approved.
The Operator shall provide security for revegetation of disturbed areas in an amount
and in accordance with a plan approved by the County Vegetation Management Department. The security shall be held by the County until vegetation has been successfully reestablished
per the approved plan.
Expiration or Revocation of Land Use Change Permit.
Upon expiration of the Land Use Change Permit, a Certificate of Occupancy shall be null and void. Upon revocation
of the Land Use Change Permit, a Certificate of Occupancy shall be revoked.
7-706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR.
Federal, State, and Local Laws and Regulations.
Minor
Facilities must comply with all applicable Federal, State, and local laws and regulations.
Notification of Facility Installation and Removal.
The Sheriff’s Office and relevant fire protection
district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification,
whether hard copy or electronic.
Water Systems.
Water systems shall comply with standards set forth in section 7-705.B.
Wastewater Systems.
Wastewater systems shall comply with standards
set forth in section 7-705.C.
Clean, Safe, and Sanitary Condition.
Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous
or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable Federal, State, and local laws and
regulations.
Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the
attraction of animals to the Major Facility site.
Fire Protection.
Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by
the fire protection district.
Single-station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit.
No Domestic Animals Allowed.
Domestic animals
are prohibited.
Removal of Facility.
Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land
Use Change Permit, all
housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator’s compliance
officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe.
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES,
SMALL.
Notification of Occupation and Removal.
Within 48 hours following occupation of the Small Facility, documentation shall be provided to the Community Development Department,
Sheriff’s Office, and relevant fire protection district(s) that demonstrates and certifies compliance with the following standards. Notice shall also be provided to these entities within
48-hours following removal of a Small Facility.
General Information to be Provided.
The Operator shall provide:
The location of the facility (section/township/range, relevant tax parcel
number, and GPS coordinates or latitude/longitude coordinates);
Relevant zone district;
Maximum number of occupants;
Cumulative amount of time that the Small Facility will be at the
specified location;
Identification of the State or Federal permitting agency overseeing reclamation, rehabilitation and revegetation of the Permitted Site and relevant permit number;
Date of installation; date of removal;
Name and contact information of the landowner;
Name and contact information of the operator’s compliance officer;
24-hour emergency contact
information for the Operator; building information (make, manufacture year, serial number, size (square feet));
The Operator shall document all emergency situations requiring action
by any government agency or fire protection district, in writing, and such documentation shall be presented to the Community Development Department within 24 hours of the occurrence.
Federal, State, and Local Laws and Regulations.
Small Facilities shall comply with all applicable Federal, State (i.e. Building Codes and electrical permits), and local laws and regulations
(i.e. fire code), but are not subject to County Building Permit.
Water System.
Water systems shall comply with standards set forth in section 7-705.B.
Wastewater Systems.
Wastewater
systems shall comply with standards set forth in section 7-705.C.
Clean, Safe, and Sanitary Condition.
Each Small Facility shall be maintained in a clean, safe, and sanitary condition,
free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Small Facility for operational or security reasons must be managed in accordance with all applicable
Federal, State, and local laws and regulations.
Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of
animals to the Major Facility site.
Fire Protection.
Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection
district.
Single-station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit.
No Domestic Animals Allowed.
Domestic animals are prohibited.
Third
Party Inspection.
The Operator shall obtain a certification inspection conducted by a qualified professional engineer. The certification shall verify that at the time of inspection
the identified Small Facility meets or exceeds the requirements of this section.
DIVISION 8. ADDITIONAL STANDARDS FOR PUBLIC/INSTITUTIONAL USES.
7-801. AIRCRAFT, ULTRALIGHT OPERATIONS.
Ultralight
aircraft operations shall comply with all FAA regulations.
7-802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED.
Refueling or Maintenance.
Refueling or maintenance of Transient
Aircraft shall be prohibited unless essential to permit the aircraft to fly to the nearest Airport or Heliport or as a part of a fire emergency.
Layout Plan for Aircraft Landing Strip.
An Aircraft Landing Strip Layout Plan shall be sufficient to depict the Airport Reference Code, the layout of existing and planned facilities and features, ground contours at 10 foot
intervals, the building restriction lines, the relationship of the Runway(s), and RPZs to the land parcel(s) on which the Landing Strip is to be located and to adjoining land parcels.
Approach profiles shall depict the composite profile based on the highest terrain across the width and along the length of each RPZ. Obstacles that penetrate the Approach Surface within
an RPZ shall be shown and shall be removed prior to approval. Any Approach Surface along the extended Runway centerline, and for 250 feet on either side, shall cross adjoining property
at an elevation of no less than 50 feet above ground level.
Runway profiles shall depict the proposed Runway centerline elevations from the inner end of one RPZ to the inner end of the
other. Runway profiles not in compliance with FAA Advisory Circular 150/5300/13 are not recommended.
The volume and location of any fuel storage facilities shall be indicated. Fuel
storage shall be in compliance with local, State, and Federal requirements.
Layout Plan for Helistop.
A Helistop Layout Plan shall be sufficient to depict the design, layout of existing
and planned facilities and features, ground contours at 10-foot
intervals, the building restriction lines, the relationship of the Final Approach and Takeoff Area (FATO), the Touchdown and Lift-off Area (TLOF), the safety area and the Approach/Departure
and Transitional Surfaces (as defined in FAA Advisory Circular 150/5390-2) to the land parcel(s) on which the Helistop is to be located and to adjoining land parcels.
Approach profiles
shall depict the composite profile based on the highest terrain across the width and along the length of each Approach Surface for at least the inner 1,000 feet. Any approach or departure
surface shall cross adjoining property at an elevation of no less than 50 feet above ground level.
The volume and location of any fuel storage facilities shall be indicated. Fuel storage
shall be in compliance with local, State, and Federal requirements.
7-803. AIRPORTS AND HELIPORTS.
Standards for Site Selection of Airport or Heliport Location or Expansion.
Airports
and Heliports shall be located or expanded in a manner that will minimize disruption to the environment, minimize the impact on existing community services, and complement the economic
and transportation needs of the State and the area. The following standards shall apply to all applications proposing the location or expansion of an Airport or Heliport.
Airport
Layout. Airports shall be developed in accordance with an FAA-approved layout plan, or a layout plan approved by the BOCC complying with FAA Advisory Circular 150/5300-13 and the current
Northwest Mountain Region Airport Layout Plan Checklist, with the exception that aircraft tie-down dimensions need only be sufficient to provide adequate clearances for the aircraft
to be tied down.
Heliport Layout. Heliports shall be developed in accordance with an FAA-approved layout plan, or a layout plan approved by the BOCC complying with FAA Advisory Circular
150/5390-2.
Ability to Obtain Necessary Permits. The Applicant can and will obtain all necessary property rights, permits, approvals, and easements (including needed permits/easements
for fuel storage, drainage, disposal, utilities, and avigation within Airport area of influence) prior to site disturbance associated with the proposed project. The BOCC may, at its
discretion, defer making a final decision on the application until outstanding property rights, permits, and approvals are obtained.
Conflict with Existing Easements. The location
of the Airport or Heliport site or expansion will not unduly interfere with any existing easements for power or telephone lines, irrigation, mineral claims, or roads.
Relationship to
Economic and Transportation Needs. The location of the Airport or Heliport site or expansion complements the existing and reasonably foreseeable economic and transportation needs of
the State and of the area immediately served by the Airport, particularly Mass Transit Facilities.
Noise. The immediate and future noise levels in communities within the Airport area
of influence to be caused by the Airport location or expansion and any anticipated future expansion will not violate any applicable local,
State, or Federal laws or regulations, provided that in any area with a potential noise level of CNR 110 or more, no structure shall be allowed and existing structures shall be relocated.
All
Airport and Heliport layout plans will be reviewed for compliance with this Code by the County’s Airport design professional designee, at the expense of the Applicant.
Fabrication,
Service, and Repair Operations.
All Fabrication, service, and repair operations shall be conducted in compliance with Airport Rules and Regulations.
Storage of Materials.
All storage
of materials shall be within a building or obscured by fence.
7-804. FAMILY CHILD CARE HOME AND CHILD CARE CENTER.
Required Permits.
Applicable local, State, and Federal permits
shall be obtained and maintained.
Parking.
One parking space is required for each employee not residing in the building used for a Family Child Care Home or Child Care Center.
DIVISION
9. ADDITIONAL STANDARDS FOR COMMERCIAL USES.
7-901. BROADCASTING STUDIO.
FCC and FAA Approval.
The Communication Facilities that are part of a broadcasting studio operation must
be approved by the FCC and FAA, including compliance with the FCC’s radio frequency emission requirements.
Co-Location Communication Facilities.
Co-location of Communication Facilities
on site that are part of a broadcasting studio operation is encouraged.
7-902. NURSERY/GREENHOUSE.
Accessory Dwelling Unit.
One Single-Family Dwelling Unit occupied by the owner,
operator, or manager shall be considered accessory to this use.
Storage of Materials and Equipment.
Storage of materials and equipment directly related to an on-site Nursery shall be
considered accessory to and incidental to the operations.
7-903. OPTIONAL PREMISES CULTIVATION OPERATION.
The use of land, buildings, or structures to grow, produce, cultivate,
sell, dispense, distribute, store, test, or manufacture Marijuana and/or Marijuana-infused products is not permitted anywhere in unincorporated Garfield County, except to the extent
specifically set forth in this Code. This section will not be construed to apply to the private cultivation of Medical Marijuana by a registered patient or primary caregiver as defined
in Article XVIII, Section 14, of the Colorado Constitution.
Signs.
All signage associated with a Optional Premises Cultivation Operation (“OPCO”) shall be prohibited.
Odor.
An Optional Premises Cultivation Operation shall not produce adverse or noxious odors that can be detected outside of the licensed premises in which it is occurring. All applications
shall include proposed methods of odor control.
Visual.
All Marijuana plants, products, by-products, waste, and associated equipment identifying the use as a Optional Premises Cultivation
Operation shall be contained entirely within an enclosed building and shall not be visible from outside the building. Applicants must provide an alarm system and security system plan
for the subject building that meets State law for buildings containing an OPCO. All processing, packaging, and business transactions shall take place indoors and in a manner that does
not disclose the identity of the use. The facility shall be constructed in a manner that prevents any nighttime leakage of lighting. All products being transported from the Optional
Premises Cultivation Operation shall be wrapped or contained in such a manner that does not disclose its contents.
Location.
An Optional Premises Cultivation Operation shall not meet
the following location standards where no facility shall be located any closer than 1,000 feet from any of the following uses. The distance between the Optional Premises Cultivation
Operation and the neighboring land use described below shall be measured as the crow flies from the nearest property line of the land used as listed above to the nearest portion of the
building in which Medical Marijuana is to be cultivated.
An education facility;
A Family Child Care Home;
A public park;
Drug and alcohol treatment facilities (“Group Home Facility”);
A Place of Worship; and
Public Building.
No Land Use Change Permit shall be issued to an Optional Premises Cultivation Operation that is connected with a Medical Marijuana Center outside
of Garfield County.
On-Site Use.
The consumption, ingestion, or inhalation of Medical Marijuana or alcohol is prohibited in or on the premises of an Optional Premises Cultivation Operation.
Other
Applicable Licenses.
Prior to operating, an Optional Premises Cultivation Operation must obtain and comply with the terms of all applicable State and local licensing and present those
approved licenses to the County Community Development Department and County Clerk and Recorder. An Optional Premises Cultivation Operation shall post these documents in the premises.
Optional Premises Cultivation Operations that existed prior to June 21, 2010, and have been confirmed by the BOCC through the local verification process in a Public Hearing, must provide
proof of that approval.
On-Site Notice.
A legible sign as required by State law shall be posted in a conspicuous location in each Optional Premises Cultivation Operation.
Compliance with Other Laws and Regulations.
An Optional Premises Cultivation Operation shall comply with all applicable State and local Building Codes, laws, and regulations.
7-904.
SHOOTING GALLERY/RANGE.
Design.
The facility shall be designed by a NRA Range Technical Team in accordance with standards established in the NRA document entitled “The NRA Range Sourcebook.”
The BOCC may require modifications to address public safety concerns and to ensure adequate safety measures, based upon public input received during the application review and approval
process.
Sanitary Facilities.
The Shooting Gallery shall have sanitary facilities on site.
7-905. CAMPGROUND/RECREATIONAL VEHICLE PARK.
All Recreational Vehicle spaces shall abut
upon a driveway, graded for drainage, and maintained in a rut- and dust-free condition, which provides unobstructed access to a public right-of-way. The minimum unobstructed width of
such driveways shall be 15 feet for 1-way traffic or 25 feet for 2-way traffic. No parking shall be permitted on the driveways.
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL
USES.
7-1001. INDUSTRIAL USE.
These standards shall apply to all industrial uses:
Residential Subdivisions.
Industrial uses shall not occupy a lot in a platted residential Subdivision.
Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential property line, unless the use is on an industrially zoned property.
Concealing and
Screening.
When an industrial use is not located on an industrial zoned property, all storage, Fabrication, service, and repair operations shall be conducted within an enclosed building
or have adequate provisions, based on location and topography, to conceal and screen the facility and/or operations from adjacent property(s).
Storing.
Materials shall be stored on
the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force.
All products shall be stored in compliance with all
national, State, and local codes.
Shall be a minimum of 100 feet from an adjacent property line.
Petroleum and hazardous products shall be stored in an impervious spill containment
area(s).
Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. Flammable or explosive solids
or gases and other hazardous materials including wastes shall be stored according to the
manufacturer’s standards and shall comply with the national, State, and local fire codes and written recommendations from the appropriate local fire protection district.
Noise.
Noise
shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard
to noise abatement.
Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point
of any boundary line of the property.
Interference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere
with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or
other legal requirements for safety or air pollution control measures, shall be exempted from this provision.
7-1002. GRAVEL EXTRACTION.
Water Quantity and Quality Impacts/Floodplain
Impacts.
Every application for gravel extraction shall address the following:
No application shall be accepted by the County without a letter from the applicable fire protection district
stating that the proposed project has been adequately designed to handle the storage of flammable or explosive solids or gases and that the methods comply with the national, State, and
local fire codes.
No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural
causes or forces.
When the proposal is near a river or stream, the Applicant is required to submit an analysis by a professional engineer showing the boundaries of the Floodplain and
the Floodway in the area of the pit.
All gravel extraction operations shall comply with the applicable standards of section 3-301, Floodplain Overlay Regulations, and will be subject
to section 4-109, Development in 100-Year Floodplain.
In all cases, there shall be no storage of fuel or hazardous materials including concrete/asphalt Batch Plants within the Floodway.
All applications shall provide a dewater/discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the
discharge will not exceed State standards for discharge into a water course or Wetland.
Air Quality.
No application shall be approved until the Applicant submits evidence that uses
shall have current CDPHE air pollution permits and shall meet current CDPHE emissions standards for air and water.
Noise/Vibration.
Gravel extraction operations shall be conducted in a manner such that the volume of sound generated does not constitute a public nuisance or hazard. Gravel extraction
operations shall comply with the standards set forth in C.R.S., Article 12, Title 25, except as such standards are modified as follows:
An Applicant shall submit a noise study that
demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of
25 feet or more beyond the subject property, except as excluded for construction activities per C.R.S. § 25-12-103 et seq., that allows up to 80 db(A).
The dB(A) threshold shown in
Table 7-1002 shall be that of the receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below
are measured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7:00 a.m.to 7:00 p.m. and
50 dB(A) from 7:01 p.m. to 6:59 a.m.
Table 7-1002: dB(A) Threshold per Neighboring Use
Use
7 am to 7 pm
7 pm to 7 am
Residential
55 dB(A)
50 dB(A)
Commercial
60 dB(A)
55
dB(A)
Light Industrial
65 dB(A)
70 dB(A)
Industrial
80 dB(A)
75 dB(A)
Every use shall be so operated that the ground vibration inherently and recurrently generated is not
perceptible without instruments at any point of any boundary line of the property on which the use is located.
Visual Mitigation.
All applications for gravel extraction shall address
the following:
All gravel operations proposed to mine areas greater than 30 acres shall be designed in multiple phases in order to minimize the visual impact of the Gravel Pit primarily
by logical “sequencing” and “overall layout” of the pit’s design.
Screening, Berming and Buffering.
The operation shall be organized on the site to minimize impact on adjacent land uses
and protect established neighborhood character through installation of screen fences, berming, and/or landscape materials, as well as by the location of access points, lighting, and
signage.
Visual screening shall be in place prior to the commencement of the commercial mining activity of each phase. Site preparation activity such as removal of overburden shall
be allowed prior to the construction of the visual screening if material will be used for the creation of the necessary screening.
Unless otherwise determined by the BOCC, mining operations
shall be allowed to progress so long as the previous phases have been reclaimed within 6 months after the commencement of the new phase. If the
reclamation has not commenced in 6 months, or has not been completed within 18 months, all mining operations on the property shall stop until the reclamation/revegetation has occurred
to the satisfaction of the County.
County Road System.
All applications shall submit a Traffic Impact Study consistent with section 4-203.L.
Any required improvements shall either be
in place prior to or shall be constructed in conjunction with the proposed use.
Truck traffic will not access the mining operation through residential or commercial areas, or such traffic
will be mitigated.
Proposed haul routes from the extraction operation will be upgraded to withstand the additional traffic, if determined by the Traffic Study or recommended by the
County Engineer, and the permittee will prevent road damage and mitigate dust, under the supervision of the Road Supervisor.
If a driveway access permit is required by the County
Road and Bridge Department, Applicant must comply with all permit conditions. The owner or operator of a gravel extraction operation is responsible for any damage caused by the operation’s
traffic to a County Road. Repair or replacement of road surface will be determined by the Road Supervisor.
Compatibility with Surrounding Land Uses.
The proposed operation will be
located so as to mitigate cumulative impacts to roads, air, and water quality
Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide locations of County-listed noxious weeds on a map. Once the inventory is provided, the Applicant shall develop a Weed Management Plan that addresses all County-listed noxious
weeds found on site. This Weed Management Plan shall be submitted to the County Vegetation Manager for approval prior to the issuance of a Land Use Change Permit
Reclamation.
All applicants
shall submit a reclamation plan that complies with the standards of the Colorado Division of Reclamation, Mining and Safety (CRMS) and meets the following design criteria:
The Reclamation
Plan approved by the County as part of the Land Use Change Permit shall be resubmitted to the DRMS to become the only reclamation plan (tasks/timetables) used by both the County and
DRMS. Additionally, a bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation.
Wetland and Dryland Slopes. Wetland and Dryland Slopes
are illustrated in Figure 7-1002.
Wetland Slope Areas:
For the purpose of this section, Wetland Slope is defined as 3 feet above the shoreline and 3 feet below the shoreline.
Wetland Slopes shall be predominantly 5:1 or shallower, with at least 80% 5:1 and 20% 10:1 or shallower. The percentage of Wetland Slope is calculated along the perimeter of the reclaimed
lakes.
An alternate plan for the shoreline area which modifies the standards above may be proposed by an Applicant to accommodate special needs for:
Water-based recreation amenities;
Reducing
wildlife habitat along certain sections of shoreline due to proximity to an airport; or
Fishing embankments.
Other special needs or uses that may be proposed by the Applicant.
Wetlands
shall be included in the reclamation plan for all shoreline areas.
Dryland Slope Area.
For the purposes of this section, the Dryland Slope area is defined as any area above a Wetland
Slope in the post-mine land use that will predominately be used for rangeland grazing and wildlife habitat.
Dryland Slopes shall be predominantly 5:1 with at least 85% of the Slopes
5:1 or shallower.
An alternate Slope plan for the Dryland area which modifies the standards above may be proposed by an Applicant to accommodate special needs when:
The existing terrain
Slope is steep (greater than 5:1); or
Where there is little or no available on-site backfill material.
/
Figure 7-1002: Wetland and Dryland Slopes
Vegetation.
Wetland Criteria.
All Wetland Slopes on a Reclamation Plan shall include revegetation with appropriate species shown on a Landscape Plan. The plan shall:
Show the reclaimed
Wetland area to scale;
Identify the species and number of plantings;
Provide for adequate irrigation, if required;
Provide for adequate species diversity to enhance wildlife habitat;
and
Provide other site specific requirements as may be identified.
Wetland seeding shall occur immediately prior to lake filling using the following methods:
Seeding shall be done by
drilling or by hydro-seeding methods. Broadcast seeding is not permitted;
Revegetation of Wetlands shall also include planting of trees, willows and/or shrubs; and
Existing trees may
be included in the plan if they are a minimum of 8 feet in height and 2 inches in diameter.
Dryland Criteria. All Dryland areas on a Reclamation Plan shall include revegetation with
appropriate Dryland plant species including a mixture of grasses, forbs, and shrubs, based on the written recommendation of a qualified professional.
Reclamation with multiple ponds
or lakes shall provide islands or peninsulas that make up at least 20% of total lake surface in order to break up the surface and provide undulation of shorelines in a natural-like appearance.
To
the extent permitted by law, unless all disturbance created by the mining operation is covered by a reclamation bond under jurisdiction of the DRMS, or by the Federal government on federally-owned
lands, a bond or other acceptable financial performance guarantee shall be submitted in favor of the County in an amount of at least 150% of the cost of restoration of the site and access
roads. The required amount of such financial performance guarantees may be increased at the discretion of the BOCC to account for inflation. A bid for site restoration acceptable to
the permittee and the County shall be submitted to the Community Development Department as evidence of the cost of reclamation for bond setting purposes.
Enforcement.
The County shall
not issue a Land Use Change Permit until all required local, State, and Federal permits have been obtained and submitted to Garfield County including, but not limited to, the municipal
watershed permit, CDPHE, USACE, NPDES, Division of Water Resources (approved well permits and plan for augmentation), etc.
The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Land Use Change Permit if continued violations of the permit occur over
a period of time.
The County can request a site inspection with 1 day’s notice to the Operator. The owner or Operator must grant full access to any part of the site will be granted.
On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause.
Prior to contacting the appropriate
agency, the County commits to notifying the Operator of any compliance concern identified during a site inspection.
Any person at any time can call any permitting agency directly and
request an inspection if they believe a condition of that agency’s permit is being violated.
To ensure that certain conditions of a permit are complied with, the BOCC may require a financial
performance guarantee in addition to that required by the DRMS. The required amount of such financial performance guarantees may be increased at the discretion of the BOCC to account
for inflation. The County will not require financial guarantees that are duplicative of that required by the DRMS.
The County will be invited to any bond release inspection of the DRMS.
The County inspector will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released.
7-1003. MINING AND OTHER
EXTRACTION USES.
Roads.
The weight of trucks shall not exceed road or bridge weight capacity on approved haul routes as established by the County or by Federal or State law.
As a condition
of approval, the County may impose limits on the number of trucks that may access the site to avoid damage to roads caused by heavy vehicle use, weather conditions, or water saturation.
Routing.
Designation of construction and haul routes for a specific mining operation application shall comply with the following standards:
Truck haul and traffic routes shall be designed to
the maximum extent feasible to avoid residential areas, commercial areas, environmentally and visually sensitive areas, schools and other civic buildings, municipalities, and already
congested locations. Alternative routes shall be identified.
Timing of truck traffic may be controlled to prevent congestion or adverse noise impacts or safety risks.
Applicant shall
prevent loss of loads and fugitive dust emissions during transit and shall be responsible to ensure that haul routes are maintained in accordance with dust-suppressant methods required
by applicable State or Federal agency.
Emergency Preparedness.
The site Operator shall prepare an emergency preparedness plan and have it on site and provided to the appropriate emergency providers for the site.
7-1004.
RECYCLING COLLECTION CENTERS.
Customary and Incidental.
A Recycling Collection Center shall be considered customary and incidental to Solid Waste Transfer Facilities, recycling processing
facilities, and commercial uses that are 20,000 square feet or larger.
Parking Lot Location.
A Recycling Collection Center located in Parking Lots shall not occupy required parking
spaces. The collection center shall be located so as not to not impede traffic flow.
Stored Products.
At least once per week the property owner and collection center operator shall
remove products stored at the site.
Maintenance.
The property owner and collection center operator shall keep the collection center in proper repair and the exterior shall have a neat
and clean appearance.
Organic Materials.
Organic materials are limited to plant matter, including but not limited to, tree limbs, leaves, and grass clippings.
7-1005. SEWAGE TREATMENT
FACILITY.
Exempt from Minimum Lot Size.
This use may be located on a separately dedicated lot and is exempt from the minimum Lot Size requirements for the zone district in which it
is located.
Accessory to the Primary Use.
When part of an overall project requires a Land Use Change Permit, a new Sewage Treatment Facility shall be considered an accessory to the primary
use and shall not require additional permitting except for those permits required by CDPHE.
7-1006. SOLID WASTE DISPOSAL SITE AND FACILITY.
Solid Waste Disposal Sites shall comply
with State laws and regulations and must receive a “certificate of designation” from the County.
7-1007. VEHICLE SAFETY AREAS.
Continuing Obligation.
The provision and maintenance
of Vehicle Safety Areas shall be a continuing obligation of the property owner.
Prohibited Uses.
Prohibited uses of Vehicle Safety Areas include:
Materials or inoperable vehicles shall
not be stored in any Vehicle Safety Areas.
Vehicles shall not be displayed for sale in any Vehicle Safety Area.
Repair work shall not be conducted in any Vehicle Safety Area unless it
is directly related to the safety of the vehicle in inclement weather. Such repairs shall not render a vehicle inoperable for more than 24 hours.
Vehicles may only park in a Vehicle Safety Area for safety reasons during adverse weather conditions. No vehicle shall park in a Vehicle Safety Area longer than 24 hours.
No loading/unloading
of equipment or material, vending of any goods or services, storage, or staging shall be allowed within any Vehicle Safety Areas.
DIVISION 11. ADDITIONAL STANDARDS FOR UTILITIES.
7-1101.
SOLAR ENERGY SYSTEMS.
Signage.
All Solar Energy Systems must install signage warning of electrical shock around the perimeter of the system.
Solar Energy Systems, Accessory.
These
additional standards apply to Accessory Solar Energy Systems:
Building-Mounted System:
The Solar Energy System components must be mounted as flush to the roof or structure as practicable.
The building-mounted Solar Energy System may not exceed the roofline for pitched roofs.
Solar collectors installed on flat roofs may be raised up to 6 feet above the height of the
building and shall have a 3-foot setback from the edge of the roof.
Ground-mounted System:
A ground-mounted system must meet the minimum setbacks of the zone district and shall be located
fully within the Building Envelope, if a Building Envelope exists.
The height of the Solar Energy System shall not exceed 15 feet.
The total area of the ground-mounted Solar Energy System
shall not exceed 10% percent of the lot’s gross area.
Size of the system(s) is limited to less than a combined 15kW-rated nameplate DC capacity to include equivalent kW measurement
of energy for systems other than photovoltaics.
7-1102. TELECOMMUNICATIONS FACILITIES.
New Towers and Facilities.
To gain approval to construct a new transmission tower or facility,
the Applicant must demonstrate that:
The proposed tower or facility has sufficient structural strength or space available to support the Applicant’s Telecommunication Facility and related
equipment; and
The proposed tower or facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures;
or
No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant’s engineering requirements, will allow the Applicant to place its tower
or facility thereon.
Structural and Engineering Standards.
The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer. The safety
of the property and the neighborhood shall be protected.
Public Utility Structures.
Towers or facilities that are proposed to be mounted on existing structures of public utilities
that have a franchise or other written permission from the County and use-concealed towers and facilities are permitted in all nonresidential zoning districts, unless otherwise specified
by this Code.
The County may approve the placement, extension, or replacement of a transmission tower or Telecommunication Facility on an existing Public Utility structure up to 50
feet above the highest point on the same; and
The County may waive public notice and other submittal requirement if the Director believes that the public interest will not be harmed
by such a waiver.
Design, Materials, and Color.
Transmission towers and Telecommunication Facilities shall be designed and maintained to minimize visual impact, carry gravity and
wind loads required by law. At a minimum, the transmission towers and facilities shall meet the following design standards:
Architectural integration with existing buildings, structures,
and landscaping, including height, color, style, massing, placement, design, and shape. Concealment or stealth methods, such as camouflaging transmission towers to look like light poles
or trees, may be required.
Located on existing vertical infrastructure such as utility poles and Public Building or utility structures.
Roof-mounted antennas shall be located as far
away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building.
Equipment shelters and
antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the County.
Located in areas where the existing topography, vegetation, buildings,
or other structures provide screening.
Lighting and Signage.
Only lighting and signage required by a Federal or State agency is allowed. No advertising is allowed.
Non-Interference.
All wires, cables, fixtures, and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations,
and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard.
Federal
Aviation Agency Form.
The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following:
An amateur radio antennae, if owned and operated by a federally-licensed amateur radio operator or used exclusively for a receive-only antennae;
Any existing tower and antennae provided
a Building Permit was issued for a tower or antennae prior to the adoption of this Code;
Any emergency Telecommunications Facilities used exclusively for emergency services including,
but not limited to, police, fire, and operation of governmental entities; and
Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting.
Telecommunications
Act.
All Telecommunications Facilities shall comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA.
7-1103.
WATER RESERVOIR.
A water reservoir shall not be required to comply with the minimum Lot Size requirement for the zone district in which it is located.
DIVISION 12. ADDITIONAL STANDARDS
FOR ACCESSORY USES.
7-1201. ACCESSORY USE.
The following shall apply to all Accessory Buildings or Structures:
Accessory Building.
The rear yard setback of an Accessory Building may
be reduced to the following distance provided Clear Vision Area standards in section 7-303.I. are met.
Table 7-1201 A: Accessory Building Setbacks
Minimum Setback
Rear
All Districts
7.5 Feet
All Districts Abutting an Alley
10 Feet
Accessory Structure.
Accessory Structures including fences, hedges, and walls
may be located within any required yard setback provided the requirements in Table 7-1201 B and Clear Vision Area standards in section 7-303.I. are met.
Table 7-1201 B: Accessory Structures
(Fence, Hedge and Wall) Heights
Maximum Height
Zone District
Front Yard
Side Yard
Rear Yard
Agricultural Land Within R, RL-P, RL-E, RL-TS and RL-GS1
8 Feet1
8 Feet1
8
Feet1
R-S, R-U and RMHP
3 Feet
6 Feet
6 Feet
C-L, C-G, I and PL
6 Feet1
6 Feet1
6 Feet1
1 Structures proposing to exceed the Maximum Height may be erected if reviewed
and approved through an Administrative Review (Section 4-103) where the structure:
is required to maintain the agricultural use or the other existing uses on the property;
does not in
any manner adversely impact the operation of any adjacent public right-of-way or roads;
does not adversely impact the natural lighting or visual corridor of adjacent properties; and
will
not obstruct critical traffic areas along roadways.