HomeMy WebLinkAbout4.0 Short-Term Rental - Article 3GARFIELD COUNTY, COLORADO
Article 3: Zoning
ARTICLE 3
ZONING
TABLE OF CONTENTS
DIVISION 1. GENERAL PROVISIONS. 1
3-101. ESTABLISHMENT OF ZONE DISTRICTS 1
A. Rural (R) 1
B. Commercial, General (CG) 1
C. Commercial, Limited (CL) 1
D. Industrial (I). 1
E. Public Lands (PL). 1
F. Public Airport (PA) 1
G. Residential - Manufactured Home Park (RMHP). 1
H. Residential — Suburban (RS) 1
I. Residential — Urban (RU). 2
J. Resource Lands. 2
3-102. ESTABLISHMENT OF OVERLAY ZONE DISTRICTS. 2
A. Floodplain Overlay. 2
B. Drinking Water Constraints Overlay. 3
C. Airport/Heliport Influence Area Overlay. 3
DIVISION 2. ZONE DISTRICT REGULATIONS. 5
3-201. ZONE DISTRICT DIMENSIONS. 5
3-202. GENERAL RESTRICTIONS AND MEASUREMENTS 6
A. Frontage. 6
B. Through Lots. 6
C. Corner Lots. 6
D. Lot Slope. 6
E. Row House 6
F. Partially Developed Frontages. 6
G. Projections. 6
DIVISION 3. OVERLAY DISTRICT REGULATIONS 7
3-301. FLOODPLAIN OVERLAY REGULATIONS. 7
A. Use Restrictions in the Floodplain Overlay. 7
B. General Standards. 7
C. Specific Standards. 8
D. Floodway. 10
E. Standards for Areas of Shallow Flooding. 10
F. Properties Removed from the Floodplain by Fill. 11
G. Alteration of a Watercourse. 11
H. Standards for Critical Facilities 12
3-302. DRINKING WATER CONSTRAINTS OVERLAY REGULATIONS. 14
A. Permitted Uses 14
B. Standards for Development 14
3-303. AIRPORT/HELIPORT INFLUENCE AREA OVERLAY REGULATIONS 14
A. Use Restrictions. 14
B. Standards for Development 15
DIVISION 4. USE BY ZONE DISTRICT. 20
3-401. TYPES OF USE REVIEW. 20
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A. By -Right Uses. 20
B. Uses Requiring a Permit. 20
C. Prohibited Uses. 20
3-402. TABLE ORGANIZATION 20
A. Use Classifications. 20
B. Multiple Principal Uses. 21
C. Unlisted Uses. 21
3-403. USE TABLE. 23
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
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ARTICLE 3: ZONING
DIVISION 1. GENERAL PROVISIONS.
3-101. ESTABLISHMENT OF ZONE DISTRICTS.
The following zone districts are established.
A. Rural (R).
The Rural Zone District is comprised of the County's rural residential areas, agricultural
resource lands, agricultural production areas, and natural resource areas. Uses,
densities, and standards established for this zone district are intended to protect the
existing character of the area from uncontrolled and unmitigated residential, commercial,
and industrial use. The zone district provides for the use of natural resources,
recreational development, rural residential, and other uses.
B. Commercial, General (CG).
The General Commercial Zone District provides for General Retail, service, and
recreation -oriented commercial businesses intended to serve the County as a whole.
Clustering of business development in centers is encouraged. Development standards
and review criteria are specifically intended to discourage strip development and
encourage low -scale, low -impact commercial areas.
C. Commercial, Limited (CL).
The Limited Commercial Zone District provides for a limited range of commercial uses
needed to meet the shopping needs of residents in the adjacent neighborhoods.
Businesses are to be oriented to the neighborhood and compatible with surrounding
residential uses.
D. Industrial (I).
The Industrial Zone District provides appropriate areas for industrial businesses in
locations where conflicts with residential, commercial, and other land uses can be
minimized.
E. Public Lands (PL).
The Public Lands Zone District shall include all land owned by the U.S. Government or
the State of Colorado, located in the unincorporated area of the County and not included
in any other zone district.
F. Public Airport (PA).
The Public Airport Zone District is comprised of County land designated for uses
supporting public use airport operations in Garfield County. Land use in the Public
Airport Zone District shall be guided by the Airport Master Plan and the Airport Rules
and Regulations.
G. Residential - Manufactured Home Park (RMHP).
The Residential - Manufactured Home Park Zone District allows for development where
spaces are either sold or leased for placement of Manufactured Homes in a park -like
setting, and these homes are used as permanent Single -Family Dwelling Units.
H. Residential — Suburban (RS).
The Residential — Suburban Zone District is comprised of low-density suburban
residential uses developed to maintain a rural character.
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I. Residential — Urban (RU).
The Residential — Urban Zone District is comprised of high-density urban residential
uses, including multi -family developments.
J. Resource Lands.
The Resource Lands Zone District shall be subclassified into the following zones:
1. Gentle Slopes and Lower Valley Floor (RLGS). The subdistrict identified
as Gentle Slopes and Lower Valley Floor is defined as the colluvial and
alluvial soil at the base of Talus Slopes in the Lower Valley Floor.
2. Talus Slopes (RLTS). The subdistrict identified as Talus Slopes is
defined as loose deposits of rock debris accumulated at the base of Talus
Slopes in the Lower Valley Floor.
3. Escarpment (RLE). The subdistrict identified as Escarpment is defined as
the fixed bedrock forming vertical or near vertical parts of the canyon
walls.
4. Plateau (RLP). The subdistrict identified as Plateau is defined as the
rolling lands of the higher elevation in the Resource Land Zone District,
typically found above the Escarpment subdistrict.
Talus Sloaes (RLTS
Gentle Slo r es and Lower Valle Floor RLGS}
3-102. ESTABLISHMENT OF OVERLAY ZONE DISTRICTS.
Overlay Zone Districts are superimposed over the existing zone district, and Overlay Zone
District regulations are in addition to those of the underlying zone district, unless otherwise
provided in this Code. Use restrictions and standards for the individual Overlay Zone Districts
are set forth under Division 3 of this Article, Overlay Zone District Regulations. The following
Overlay Zone Districts are established:
A. Floodplain Overlay.
1. Purpose. The purpose of the Floodplain Overlay is:
a. To minimize and prevent adverse effects of proposed
development on the flood -carrying capacity within the 100 -year
Floodplain;
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b. To minimize flood losses by restricting or prohibiting uses that are
dangerous to public health, safety, and property in times of
flooding; and
c. To regulate development that would alter or increase the potential
damage or impacts of a major storm or exacerbate the Floodplain
impacts on other tracts of land.
2. Boundaries and Jurisdiction. Reports and maps establishing the
Floodplain Overlay District and Floodplain subdistricts are incorporated
herein, pursuant to section 1-109, Incorporation and Interpretation of
Maps. The Overlay District shall be comprised of all lands within a
Special Flood Hazard Area (SFHA), as follows:
a. Lands Within Designated 100 -Year Floodplain. This includes
lands identified as within the designated 100 -year Floodplain as
mapped on the Flood Insurance Rate Maps (FIRM), or identified in
the "Flood Insurance Study, Garfield County, Colorado,
Unincorporated Areas" dated August 2, 2006, and the
accompanying flood maps titled "Flood Boundary Maps, Floodway
Maps and Flood Insurance Rate Maps, Garfield County, Colorado,
Unincorporated Areas," as the same may be amended from time
to time; or
b. Lands Not Within a FIRM -Identified 100 -Year Floodplain. When
Development (including an application for a Land Use Change
Permit and divisions of land), indicates or suggests that an area of
the site may be in a SFHA, but for which area no FIRM maps have
been previously prepared, the property owner or Applicant shall
provide Floodplain studies, including appropriate maps, conducted
and certified by a qualified professional engineer experienced in
hydrology and hydraulics. These studies shall, at a minimum,
determine the type of SFHA the property is within, including the
depth and elevation of the Base Flood for the entire area of the
site and for 200 yards upstream and downstream from the site,
with an appropriate cross section.
c. Areas Removed From the 100 -Year Floodplain. Those areas
removed from the Floodplain by the issuance of a FEMA Letter of
Map Revision Based on Fill (LOMR-F).
B. Drinking Water Constraints Overlay.
1. Purpose. The purpose of the Drinking Water Constraints Overlay is to
ensure a safe domestic water supply for all land use within the Overlay
District which includes human consumption of ground water.
2. Boundaries and Jurisdiction. Reports and maps establishing the Drinking
Water Constraints Overlay District are incorporated herein, pursuant to
section 1-109, Incorporation and Interpretation of Maps.
C. Airport/Heliport Influence Area Overlay.
1. Purpose. The purpose of an Airport/Heliport Influence Area Overlay is:
a. To support and encourage the continued operation and vitality of
the County Airport and Heliport;
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b. To reduce potential safety hazards for persons living, working, or
recreating near the County Airport and Heliport by establishing
compatibility and safety standards to promote air navigational
safety; and
c. To minimize environmental impacts resulting from the operation of
the County Airport and Heliport.
2. Boundaries and Jurisdiction. Plans and maps establishing the
Airport/Heliport Influence Area Overlay District are incorporated herein,
pursuant to section 1-109, Incorporation and Interpretation of Maps. The
District shall be comprised of the Airport Imaginary Surfaces defined by
FAR Part 77 and this Code, and include the following:
a. Airport Imaginary Surfaces. All lands, waters, and airspace, or
portions thereof, that are located within the boundaries of the
Primary Surface, Runway Protection Zone (RPZ), Approach
Surface, Horizontal Surface, Conical Surface, and Transitional
Surface. The Airport/Heliport's Influence Area Overlay District's
boundaries shall be the outer extremities of the boundaries of the
Imaginary Surfaces.
b. Noise Impact Boundary. The Noise Impact Boundary incorporates
areas within 1,500 feet of an Airport Runway or within established
noise contour boundaries exceeding 55 Ldn as depicted in the
Airport/Heliport's Layout Plan. If the Noise Impact Boundary
extends beyond the extremities of the Imaginary Surfaces, the
Airport/Heliport Influence Area Overlay District boundaries shall be
extended to incorporate the Noise Impact Boundary.
c. Partial Inclusion. If a structure, lot, or parcel of land lies partly
within the Airport/Heliport Influence Area Overlay, the part of the
structure, lot, or parcel lying within the Overlay District shall meet
all requirements for the Airport/Heliport Influence Area Overlay.
d. Notice of Land Use and Permit Applications. The Director shall
provide to the Airport Sponsor and to the BOCC written notice of
any proposed land use located within the Airport/Heliport Influence
Area Overlay, unless the proposed land use meets all of the
following criteria:
(1) All structures, including nonhabitable structure or building
appurtenances, are less than 35 feet in height;
(2) Involves property located entirely outside the Approach
Surface;
Does not involve industrial, mining, or similar uses that
emit smoke, dust, or steam; sanitary landfills or water
impoundments; or radio, radiotelephone, television, or
similar transmission facilities or electrical transmission
lines; and
(4) Does not involve Wetland mitigation, enhancement,
restoration, or creation.
(3)
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DIVISION 2. ZONE DISTRICT REGULATIONS.
The purpose of this Division is to identify the lot and building restrictions for each zone district.
In addition to these general requirements, all land uses shall comply with the applicable
standards set forth in Article 7, Standards.
3-201. ZONE DISTRICT DIMENSIONS.
Table 3-201 identifies the dimensional standards for each zone district.
Legend
R=Residential
NR=Nonresidential
C=Commercial
NC=Noncommercial
Zone District
Table
Minimum
Lot Area
3-201: Zone
Lot Size
Maximum
Lot
Coverage
(%)
District Dimensions
Maximum
Floor Area
Ratio
Setbacks
Front
(feet)
Rear
Side2
Height
(feet)
3,4,5
Arterial
Local
Rural
2 acres
R: 15
N/A
50
25
25
10
5
NR? 40
Residential Suburban
RS
20,000 s.f.
50
0.50 / 1.0
50
25
25
10
25
Residential Urban
RU
7,500 s.f.
50
0.50 / 1.0
50
25
25
10
25
Residential -Manufactured
Home Park
MHP
2 acres
50
--
50
25
25
10
25
Commercial - Limited
CL
7 500 s.f.
NC: 75
C: 85
0.50 / 1.0
50
25
R: 25
C: 7.5
10
40
Commercial - General
CG
7,500 s.f.
NC: 75
C: 85
0.50 / 1.0
50
25
R: 25
C: 7.5
10
40
Industrial
I
21,780 s.f.
75
N/A
50
25
25
10
40
Plateau
RLP
35 acres
--
--
25
25
25
25
50
Escarpment
RLE
35 acres
--
--
25
25
25
25
50
Talus Slopes
RLTS
35 acres
--
--
25
25
25
25
50
Gentle Slopes
RLGS
35 acres
R: 2 acres
R: 15
25
25
25
10
75
Public Airport
PA
--
--
--
Subject to FAA, FAR Part 77, Airport Layout
Plan, Building Codes, and other applicable
Federal, State, and local standards and
regulations
Public Lands__
PL--
--
--
--
--
--
--
1. Unless otherwise required by section 7-105, Adequate
2. Or 1/2 of building height, whichever is greater.
3. Telecommunication Facilities may exceed maximum
pursuant to Table 3-403, Use Table.
4. Parapet walls may exceed building height limitations
5. Stacks, vents, cooling towers, elevator cupolas, towers,
cupolas, spires, and belfries constructed as part of a
Central Water Distribution and Wastewater System.
height provided they are reviewed (if required) and approved
by 4 feet.
and similar noninhabitable building appurtenances, and
Place of Worship shall be exempt from height limitations.
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3-202. GENERAL RESTRICTIONS AND MEASUREMENTS.
A. Frontage.
Unless otherwise provided by this Code, each lot shall have a minimum of 25 lineal feet
of frontage on a dedicated street or road right-of-way providing access.
B. Through Lots.
On lots extending from 1 street to another paralleling street, both streets shall be
considered as front streets for purposes of calculating front yard setbacks.
C. Corner Lots.
On lots bordered on 2 contiguous sides by streets, the required front yard setback shall
be observed along both streets.
D. Lot Slope.
1. Lot Size Less Than 1 Acre. Original and undisturbed Slope in excess of
30% shall not be credited toward lot area in determining whether the
minimum lot area requirements will be met.
2. Lot Size 1 Acre or Greater. A minimum Building Envelope of 1 acre, that
does not contain Slopes 30% or greater, shall be required.
E. Row House.
For purposes of setback calculations, only those row houses that do not share a
common wall with an adjacent row house need to observe the required side yard
setback for the district.
F. Partially Developed Frontages.
On a vacant lot bordered on 2 sides by previously constructed buildings that do not meet
the required front yard setback for the district, the required front yard setback for the
vacant lot shall be established as the averaged front yard setback of the 2 adjacent
buildings; where a vacant lot is bordered on only 1 side by a previously constructed
building that does not meet the required front yard setback for the district, the required
front yard setback for the vacant lot shall be established as the averaged front yard
setback of the adjacent building and the minimum front yard setback for the zone district.
G. Projections.
Every part of a required yard shall be unobstructed from ground level to the sky except
for projections as shown in Table 3-202.
Table 3-202: Projections
n �< , 1 ,
' Allowed Encroachment into Setbacks
IF 1
Architectural Features (e.g. Cornice or sills)
1 Foot
1 Foot
1 Foot
Roof Eave
18 Inches
18 Inches
18 Inches
At -Grade Uncovered Porch, Slab, Patio, Walk, Steps
No Restriction
No Restriction
No Restriction
Fire Escape, Balcony (Not Used as Passageways)
4 Feet
18 Inches
4 Feet
Porch and Deck (Less Than 30 Inches in Height)
No Restriction
No Restriction
No Restriction
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DIVISION 3. OVERLAY DISTRICT REGULATIONS.
3-301. FLOODPLAIN OVERLAY REGULATIONS.
A. Use Restrictions in the Floodplain Overlay.
The following use restrictions shall apply to areas within the Floodplain Overlay:
Table 3-301: Floodplain Overlay Use Restrictions Table
LEGEND
P=Permitted to the extent allowed by the underlying zoning and so long as
the proposed use complies with all other applicable standards of this Code.
Blank=Prohibited
Floodwa,
(See section
3-301.E.
Floodway
Restrictions)
Areas outside of Floodway,
but within the 100 -Year
Floodplain
Occupation of permanent or temporary structures
P
Development or use of overnight Campgrounds
P
Solid Waste Disposal Sites
Central collection Sewage Treatment Facilities
P
Storing or processing of materials that are buoyant, flammable, explosive, or
otherwise potentially injurious to human, animal, or plant life
Uses that may result in an adverse effect on the efficiency of the Floodway
or change the direction of flow or cause any increase in BFE
Uses that may result in substantial solid debris or significant sediment being
carried downstream by floodwaters
Agricultural uses such as general farming, grazing of livestock and horses,
truck farming, sod farming, and wild crop harvesting;
P
P
Lawns, open areas, gardens, driveways, and play areas that are accessory to
residential uses
P
P
Loading areas, railroad rights-of-way, parking areas, Airport Landing Strips,
and storage yards for equipment or machinery easily moved or not subject
to flood damage, that do not require asphalt paving
P
P
Recreational and Open Space structures and uses not requiring permanent
or temporary structures designed for human habitation
P
P
Dams, power plants, spillways, transmission lines, pipelines, water
monitoring devices, water supply ditches, irrigation ditches, laterals, and
other underground utilities
P
P
Road and highway structures or trails
P
P
Bank restoration and stabilization
P
P
B. General Standards.
In the Floodplain Overlay, the following provisions are required for all New Construction
and Substantial Improvements:
1. All New Construction or Substantial Improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
2. All New Construction or Substantial Improvements shall be constructed by
methods and practices that minimize flood damage.
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3. All New Construction or Substantial Improvements shall be constructed with
materials resistant to flood damage.
4. All New Construction or Substantial Improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment, and
other service facilities that are designed and/or located so as to prevent
water from entering into or accumulating within the components during
conditions of flooding.
5. All Manufactured Homes shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
Manufactured Homes must be elevated and anchored to resist floatation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
6. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
7. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters.
8. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
C. Specific Standards.
In the Floodplain Overlay, where BFE data has been provided, the following provisions
are required:
1. Residential Construction. New Construction and Substantial
Improvement of any residential structure shall have the Lowest Floor
(including Basement), elevated to 1 foot above the BFE. A qualified
professional engineer, architect, or land surveyor shall submit a
certification to the Floodplain Administrator.
2. Nonresidential Construction. With the exception of Critical Facilities, New
Construction and Substantial Improvements of any commercial, industrial,
or other nonresidential structure shall either have the Lowest Floor
(including Basement) elevated to at least 1 foot above the Base Flood
level or together with attendant utility and sanitary facilities, be designed
so that below 1 foot above the Base Flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A qualified professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the
design and methods of construction are in accordance with accepted
standards of practice as outlined in this subsection. A record of such
certification that includes the specific elevation (in relation to mean sea
level) to which such structures are flood -proofed shall be provided to and
maintained by the Floodplain Administrator.
3. Enclosures. New Construction and Substantial Improvements, with fully
enclosed areas below the Lowest Floor that are usable solely for parking
of vehicles, building access, or storage in an area other than a Basement,
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and that are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either
be certified by a qualified professional engineer or architect and meet or
exceed the following minimum criteria:
a. Provide a minimum of 2 openings having a total net area of not
less than 1 square inch for every square foot of enclosed area
subject to flooding;
b. The bottom of all openings shall be no higher than 1 foot above
grade; and
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the unrestricted
entry and exit of floodwaters.
4. Manufactured Homes.
a. All Manufactured Homes that are placed or substantially
improved or substantially damaged as a result of a flood and
within a SFHA where the BFE is provided on the community's
FIRM shall be elevated on a permanent foundation such that
the Lowest Floor of the Manufactured Home is elevated to 1
foot above the BFE and be securely anchored to a foundation
system professionally designed to resist flotation, collapse, and
lateral movement.
b. All Manufactured Homes placed or substantially improved or
substantially damaged as a result of a flood on sites where no
BFE is provided on the community's FIRM shall be securely
anchored to a professionally designed foundation system to
resist floatation, collapse, and lateral movement and either:
(1) Elevated so that the chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above
adjacent Natural Grade, or
(2) Elevated 1 foot above the flood elevation as determined
by a qualified professional engineer experienced in
hydrology and hydraulics.
5. Recreational Vehicles. Require that Recreational Vehicles placed on
sites within SFHA on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use; or
c. Meet the permit requirements of this Code and the elevation and
anchoring requirements for "Manufactured Homes" in paragraph 4
of this section. A Recreational Vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by
quick disconnect -type utilities and security devices, and has no
permanently attached additions.
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D. Floodway.
Floodways located within SFHAs are designated as "Floodways." Since the Floodway is
an extremely hazardous area due to the velocity of flood waters which carries debris,
potential projectiles, and erosion potential, the following provisions shall apply:
1. Encroachments are prohibited unless it has been demonstrated through
hydrologic and hydraulic analyses, performed in accordance with
standard engineering practice, that the proposed encroachment would not
result in any increase in flood levels within the community during the
occurrence of the Base Flood discharge. Encroachments include Fill,
New Construction, Substantial Improvements, and other development
within the regulatory Floodway;
2. All New Construction and Substantial Improvements shall comply with all
applicable flood hazard reduction provisions in this Code; and
3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments
within the regulatory Floodway that would result in an increase in BFEs,
provided that the community first applies for a conditional FIRM and
Floodway revision through FEMA.
E. Standards for Areas of Shallow Flooding.
Areas designated as shallow flooding are located within the SFHAs. These areas have
special flood hazards associated with Base Flood depths of 1 to 3 feet where a clearly
defined channel does not exist and where the path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply:
1. All New Construction and Substantial Improvements of residential
structures have the Lowest Floor (including Basement) elevated above
the highest adjacent Natural Grade at least 1 foot above the depth
number specified in feet on the community's FIRM (at least 3 feet if no
depth number is specified).
2. All New Construction and Substantial Improvements of nonresidential
structures:
a. Shall have the Lowest Floor (including Basement) elevated above
the highest Natural Grade at least 1 foot above the depth number
specified in feet on the community's FIRM (at least 3 feet if no
depth number is specified); or
b. Shall be designed so that the structure including attendant utility
and sanitary facilities, below 1 foot above the Base Flood
Elevation, are watertight with walls substantially impermeable to
the passage of water and that the structural components have the
capability of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
3. Adequate drainage paths around structures are required to guide flood
waters around and away from proposed structures. Drainage shall not
adversely impact adjacent properties.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-10
F. Properties Removed from the Floodplain by Fill.
A Floodplain Development Permit shall not be issued for the construction of a new
structure or addition to an existing structure on a property removed from the Floodplain
by the issuance of a FEMA Letter of Map Revision Based on LOMR-F, unless such new
structure or addition complies with the following:
1. Residential Construction. The Lowest Floor (including Basement),
electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities (including ductwork), must be
elevated to 1 foot above the Base Flood Elevation that existed prior to
the placement of Fill.
2. Nonresidential Construction. The Lowest Floor (including Basement),
electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities (including ductwork), must be
elevated to 1 foot above the Base Flood Elevation that existed prior to
the placement of Fill, or together with attendant utility and sanitary
facilities be designed so that the structure or addition is watertight to at
least 1 foot above the Base Flood Elevation that existed prior to the
placement of Fill with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of buoyancy.
G. Alteration of a Watercourse.
For all proposed developments that alter a watercourse within a SFHA, the following
standards apply:
1. Channelization and flow diversion projects shall appropriately consider
issues of sediment transport, erosion, deposition, and channel
migration and properly mitigate potential problems through the project
as well as upstream and downstream of any improvement activity. A
detailed analysis of sediment transport and overall channel stability
should be considered, when appropriate, to assist in determining the
most appropriate design.
2. Channelization and flow diversion projects shall evaluate the residual
100 -year Floodplain.
3. Any channelization or other stream alteration activity proposed by a
project proponent must be evaluated for its impact on the regulatory
Floodplain and be in compliance with all applicable Federal, State, and
local Floodplain rules, regulations, and ordinances.
4. Any stream alteration activity shall be designed and sealed by a
qualified professional engineer or certified professional hydrologist.
5. All activities within the regulatory Floodplain shall meet all applicable
Federal, State, and local Floodplain requirements and regulations.
6. Within the regulatory Floodway, stream alteration activities shall not be
constructed unless the Applicant demonstrates through a Floodway
analysis and report, sealed by a qualified professional engineer, that
there is no more than a 0.00 -foot rise in the proposed conditions
compared to the existing conditions of the Floodway resulting from the
project, otherwise known as a No -Rise Certification. A No -Rise
Certification is not required if the community first applies for a
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-11
Conditional Letter of Map Revision (CLOMR) and Floodway through
FEMA.
7. Maintenance shall be required for any altered or relocated portions of
watercourses so that the flood -carrying capacity is not diminished.
H. Standards for Critical Facilities.
1. Protection of Critical Facilities. A Critical Facility is a structure or related
infrastructure, but not the land on which it is situated, as specified in Rule
6 of the Rules and Regulations for Regulatory Floodplains in Colorado,
that if flooded may result in significant hazards to public health and safety
or interrupt essential services and operations for the community at any
time before, during, and after a flood. All new and substantially
improved Critical Facilities and new additions to Critical Facilities
located within the SFHA shall be regulated to a higher standard than
structures not determined to be Critical Facilities. For the purposes of
this Code, protection shall include 1 of the following:
a.
b.
Location outside the SFHA; or
Elevation or flood -proofing of the structure to at least 2 feet
above the BFE.
2. Ingress and Egress for New Critical Facilities. When practicable as
determined by the County, new Critical Facilities have continuous
noninundated access (ingress and egress for evacuation and
emergency services) during a 100 -year flood event.
3. Classification of Critical Facilities. It is the responsibility of the County
to identify and confirm that specific structures in the community meet
the criteria as follows. Critical Facilities are classified under the
following categories:
a. Essential Services Facilities. Essential Services Facilities
include public safety, emergency response, emergency
medical, designated Emergency Shelters, communications,
Public Utility plant facilities, and transportation lifelines. These
facilities consist of:
(1) Public safety (police stations, fire and rescue stations,
emergency vehicle and equipment storage, and
emergency operation centers);
(2) Emergency medical (Hospitals, ambulance service
centers, urgent care centers having emergency
treatment functions, and nonambulatory surgical
structures but excluding clinics, doctor's offices, and
nonurgent care medical structures that do not provide
these functions);
Designated Emergency Shelters;
Communications (main hubs for telephone,
broadcasting equipment for cable systems, satellite dish
systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers,
poles, lines, cables, and conduits);
(3)
(4)
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-12
(5)
Public Utility plant facilities for generation and
distribution (hubs, treatment plants, substations and
pumping stations for water, power and gas, but not
including towers, poles, power lines, buried pipelines,
transmission lines, distribution lines, and service lines);
(6) Air Transportation lifelines (Airports [municipal and
larger], helicopter pads and structures serving
emergency functions, and associated infrastructure
(aviation control towers, air traffic control centers, and
emergency equipment aircraft hangars);
Specific exemptions to this category include wastewater
treatment plants, nonpotable water treatment and
distribution systems, and hydroelectric power generating
plants and related appurtenances; and
Public Utility plant facilities may be exempted if it can be
demonstrated to the satisfaction of the County that the
facility is an element of a redundant system for which
service will not be interrupted during a flood. At a
minimum, it shall be demonstrated that redundant
facilities are available (either owned by the same utility
or available through an intergovernmental agreement or
other contract) and connected, the alternative facilities
are either located outside of the 100 -year Floodplain or
are compliant with the provisions of this Article, and an
operations plan is in effect that states how redundant
systems will provide service to the affected area in the
event of a flood. Evidence of ongoing redundancy shall
be provided to the County on an as -needed basis upon
request.
b. At -risk Population Facilities. At -risk Population Facilities
include medical care, congregate care, and schools. These
facilities consist of:
(7)
(8)
(1) Elder care (nursing homes);
(2) Congregate care serving 12 or more individuals (day
care and assisted living); and
Public and private schools (pre-schools, K-12 schools,
before -school and after-school care serving 12 or more
children).
c. Facilities vital to restoring normal services, including
government operations. These facilities consist of:
(1) Essential government operations (public records, courts,
jails, building permitting and inspection services,
community administration and management,
maintenance, and equipment centers); and
(2) Essential structures for public colleges and universities
(dormitories, offices, and classrooms only).
(3)
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-13
4. Exempted Critical Facilities. These facilities may be exempted if it is
demonstrated to the County that the facility is an element of a
redundant system for which service will not be interrupted during a
flood. At a minimum, it shall be demonstrated that redundant facilities
are available (either owned by the same entity or available through an
intergovernmental agreement or other contract), the alternative
facilities are either located outside of the 100 -year Floodplain or are
compliant with this Code, and an operations plan is in effect that states
how redundant facilities will provide service to the affected area in the
event of a flood. Evidence of ongoing redundancy shall be provided to
the County on an as -needed basis upon request.
3-302. DRINKING WATER CONSTRAINTS OVERLAY REGULATIONS.
A. Permitted Uses.
Uses permitted in the underlying zone district will be permitted in the Drinking Water
Constraints Overlay District if the proposed use complies with applicable standards for
the zone district and the Drinking Water Overlay District standards set forth below.
B. Standards for Development.
Any proposed use that includes the human consumption of ground water shall be served
by an approved Central Water System as defined by the CDPHE Drinking Water
Standards, or from a groundwater source on the property that is treated by a reverse
osmosis water treatment system that meets the water quality standards set forth by the
Colorado Water Quality Control Commission.
3-303. AIRPORT/HELIPORT INFLUENCE AREA OVERLAY REGULATIONS.
A. Use Restrictions.
Land use restrictions in the Airport Overlay District are as identified in Table 3-303.A.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-14
Table 3-303 A: Airport Overlay Use Restriction Table
Blank=Prohibited, P=Permitted RPZ Approach Transitional Direct
Surfaces Surfaces Impact
Land Use/Facility Areas
Secondary
Impact
Overlay
Zone
Sanitary Landfills
Water Treatment Plants
Any Structure
1
PZ
Pz
PZ
PZ
PZ
Communications & Electrical
1
P3
P3
P3
P3
P3
Outdoor Lighting
1
p4
p4
P4
p4
P4
Reflective Materials
1
p4
p4
p4
p4
p4
Industrial Emissions
Shall not obscure visibility
P
P
P
P
Penetration of Imaginary Surfaces
1
1
1
p2
p2
p2
Airport/Aircraft Landing Strip,
Heliport/Helistop
p4
p4
p4
p4
p4
p4
Public Assembly Facility
P5
P
P
P
P
Residential
6
P
P
P
P
High Density Residential
6
P
P
P
P
Commercial
P4
P4
P
P
P
P
Industrial
P4
P4
P
P
P
P
Institutional
P4
P
P
P
P
Golf Courses
P'
P'
P'
P'
P'
Farm Use
P8
P8
P8
P8
P8
P8
Utilities
P4/13
P4
P4
P4
P4
P4
Wetlands Mitigation
P9
P9
P9
P9
P9
P9
New or Expanded Water Impoundments1°
11
12
p
p
p
p
Roads/parking
1,6
P4
P
P
P
P
Parks/Open Space
P4
P
P
P
P
P
Athletic Fields
P4
P4
P4
P
P
Mining
P4
P4
P4
P4
P4
Footnotes
1 Except those accessory to airport operations.
2 Shall comply with 14CFR Part 77.9.
3Shall not interfere with navigational signals or radio communications.
4Subject to Standards in sections 4-303.B., 7-902 and 7-903.
5 If potential danger to public safety is minimal.
6 Unless no practicable alternative exists.
7 Upon use of accepted management techniques to reduce existing and creation of new wildlife attractants.
8 Shall comply with FAA circular 150/5200-3A.
9 Per Major Impact Review and subject to Standards in section 3-303.B.. Shall comply with FAA Circular 150/5200-3A.
10 Prohibited if 1/4 acre or larger and on land owned by Airport Sponsor if necessary for Airport operations.
11 If 1/4 acre or larger.
12 !fit,. acre or larger and within 5,000 feet of Runway end.
13 Utilities, power lines, and pipelines located in the RPZ shall be underground unless they are lower than the elevation of
the closest Runway surface.
B. Standards for Development.
The provisions of this section are applicable to any application for development in the
Airport/Heliport Influence Area Overlay District.
1. Site Plan Information. Submittal of maps showing the following
information:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-15
a. Location of the subject property in relation to Airport Imaginary
Surfaces;
b. Location of existing and proposed structures in relation to Airport
Imaginary Surfaces; and
c. Height of all existing and proposed structures, measured in feet
above mean sea level.
2. Avigation and Hazard Easement. An avigation and hazard easement
allowing unobstructed passage for aircraft and ensuring safety and use of
the Airport for the public, in a form acceptable to the Airport Manager,
shall be provided and dedicated to the County.
a. The avigation and hazard easement shall be recorded in the office
of the County Clerk and Recorder.
b. Applicant shall provide a copy of the recorded instrument prior to
issuance of a Building Permit.
3. Noise Levels.
a. A declaration of anticipated noise levels for property within the
Noise Impact Boundary for property within the Noise Impact
Boundary shall be provided for any proposed Land Use Change,
including division of land, or Building Permit.
b. The Applicant shall be required to demonstrate that a noise
abatement strategy will be incorporated into the building design
that will achieve an indoor noise level equal to or less than 55 Ldn,
for noise sensitive land uses listed as Not Allowed based on a
noise level of 75 Ldn or greater by Table 3-303.B and located in
areas where the noise level is anticipated to be at or above 55
Ldn.
c. Separation of Noise -Sensitive Land Use. Areas within the Overlay
District shall be administered to encourage land use patterns that
will separate uncontrollable noise sources from residential and
other noise -sensitive areas. The following land use restrictions
shall apply, based upon noise levels:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-16
TABLE 3-303.B: USE RESTRICTIONS BASED ON NOISE LEVELS
K
OF. Ute is Permitted
1.,.= Use is Not _Recommended but May be mewed under Certain Cir r mstamces
N = Use is Not Allowed
<65
65-70
70-75
75-80
80-85
>85
Residential Except Mobile Homes & Transient Lodging
P
L
L
N
N
N
Mobile Home Parks
P
N
N
N
N
N
Transient Lodging
P
L
L
L
N
N
Schools, Hospitals & Nursing Homes
P
L
L
N
N
N
Churches, Auditoriums & Concert Halls
P
L
L
N
N
N
Government Service
P
P
L
L
N
N
Transportation
P
P
L
L
L
L
Parking
P
P
L
L
L
N
Commercial Use
P
P
L
L
N
N
Wholesale/Retail — Building Materials, Hardware & Farm
Equipment
P
P
L
L
L
N
Retail Trade - General
P
P
L
L
N
N
Utilities
P
P
L
L
L
N
Communication
P
P
L
L
L
N
Manufacturing & Production
P
P
L
L
L
N
Photographic & Optical
P
P
L
L
L
N
Agriculture (Except Livestock) & Forestry
P
L
L
L
L
L
Livestock Faring & Breeding
P
L
L
N
N
N
Mining & Fishing
P
P
P
P
P
P
Outdoor Sports Arenas & Spectator Sports
P
L
L
N
N
N
Outdoor Music Shells, Amphitheatres
P
N
N
N
N
N
Nature Exhibits & Zoos
P
P
N
N
N
N
Amusements, Parks, Resorts & Camps
P
Y
Y
N
N
N
Golf Courses, Riding Stables & Water Recreation
P
P
L
L
N
N
4. Communications Facilities and Electrical Interference. No use shall
cause or create electrical interference with navigational signals or radio
communications between an Airport/Heliport and aircraft.
a. Location of new or expanded radio, radiotelephone, and television
transmission facilities and electrical transmission lines within the
Airport/Heliport Influence Area Overlay shall be coordinated with
the County and the FAA prior to approval.
b. The approval of cellular and other telephone or radio
communication towers on leased property located within Airport
Imaginary Surfaces shall be conditioned upon their removal within
90 days following the expiration of the lease agreement. A bond
or other security shall be required to ensure this requirement.
5. Outdoor Lighting. Lighting other than that associated with Airport/Heliport
operations shall comply with the following standards:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-17
a. Lighting shall not project directly onto an existing Heliport, Runway
or taxiway or into existing Airport Approach Surfaces;
b. Lighting shall incorporate shielding to reflect light away from
Airport Approach Surfaces; and
c. Lighting shall not imitate Airport lighting or impede the ability of
pilots to distinguish between Airport/Heliport lighting and other
lighting.
6. Use of Reflective Materials Prohibited. No glare -producing material
including, but not limited to, unpainted metal or reflective glass, shall be
used on the exterior of structures located within an Airport Approach
Surface or on nearby lands where glare could impede a pilot's vision.
7. Industrial Emissions That Obscure Visibility Prohibited. No development
shall, as part of its regular operations, cause emissions of smoke, dust, or
steam that could obscure visibility within Airport Approach Surfaces. The
BOCC shall impose conditions determined to be necessary to ensure that
the use does not obscure visibility.
8. Height Restrictions.
a. All uses permitted by the underlying zone shall comply with the
height limitations in this section. When height restrictions of the
underlying zone district are more restrictive than those of the
Overlay District, the underlying zone district height limitations shall
control.
b. If an exception to the height limitation is requested, a written
agreement from the County and the FAA shall be provided.
9. Penetration of Development into Imaginary Surface Area. No structure or
tree, plant, or other object of natural growth shall penetrate an Airport
Imaginary Surface, except as follows:
a. Structures up to 35 feet in height may be permitted in areas within
Airport/Heliport Imaginary Surfaces, outside the Approach and
Transitional Surfaces where the terrain is at higher elevations than
the Airport Runway/Heliport surfaces such that existing structures
and permitted development penetrate or would penetrate the
Airport Imaginary Surface.
b. Written agreement by the Airport Sponsor and the FAA shall be
provided for other height exceptions requested.
10. Wetland Construction, Enhancement, Restoration, or Mitigation. Wetland
construction, enhancement, restoration, or mitigation projects within the
Overlay District shall comply with the following standards:
a. Wetland projects shall be designed and located to avoid creating a
Wildlife hazard or increasing hazardous movements of birds
across Runways or Approach Surfaces; and
b. Wetland projects that create, expand, enhance, or restore
Wetlands that are proposed to be located within the Overlay
District and that would result in the creation of a new Water
Impoundment or expansion of an existing Water Impoundment,
shall demonstrate all of the following:
(1) Off-site mitigation is not practicable;
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-18
(2) The Wetland project involves existing Wetland areas
regulated under the Overlay District that have not been
associated with attracting problematic Wildlife to the
Airport/Heliport vicinity;
(a) The affected Wetlands provide unique ecological
functions, such as critical habitat for threatened or
endangered species or ground water discharge;
(b) The resulting Wetlands are designed, and shall be
maintained in perpetuity in a manner that will not
increase hazardous movements of birds feeding,
watering, or roosting in areas across Runways or
Approach Surfaces; and
(c) The proposed Wetland project shall be coordinated
with the Airport Sponsor, the BOCC, the FAA and
FAA's Technical Representative, the Colorado
Parks and Wildlife, the U.S. Fish and Wildlife
Service, and the U.S. Army Corps of Engineers as
part of the permit application
11. Compliance with 14 CFR Part 77.9. Evidence of compliance with 14
CFR Part 77.9 must be provided. 14 CFR Part 77.9 states that any
person/organization who intends to sponsor any of the following
construction or alterations must notify the Administrator of the FAA:
a. Any construction or alteration exceeding 200 feet above ground
level;
b. Any construction or alteration:
(1) Within 20,000 feet of a public use or military Airport that
exceeds a 100:1 surface from any point on the Runway of
each Airport with its longest Runway more than 3,200 feet;
(2) Within 10,000 feet of a public use or military Airport that
exceeds a 50:1 surface from any point on the Runway of
each Airport with its longest Runway no more than 3,200
feet;
Within 5,000 feet of a public use Heliport which exceeds a
25:1 surface;
c. Any highway, railroad, or other traverse way whose prescribed
adjusted height would exceed the above noted standards;
d. When requested by the FAA; and
e. Any construction or alteration located on a public use Airport or
Heliport regardless of height or location.
(3)
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-19
DIVISION 4. USE BY ZONE DISTRICT.
This Division identifies the uses allowed in each zone district and the level of review required for
approval. Unless otherwise specified, the level of review required is based upon the use as a
principal use of the property. Development or use of a property for any other use not
specifically allowed in the use table and approved under the appropriate process is prohibited.
3-401. TYPES OF USE REVIEW.
A. By -Right Uses.
By -Right Uses. /P/ in a cell indicates that the use is permitted by right in the zone
district. By -right uses do not require a Land Use Change Permit. However, unless
specifically exempted in Table 3-403, by -right uses are still subject to the standards of
this Code, including the use -specific standards in this Article and the generally
applicable standards of Article 7. Failure to comply with general or use -specific
standards may result in a code enforcement action.
B. Uses Requiring a Permit.
1. Administrative Review Uses. /A/ in a cell indicates that the use is allowed
only if reviewed and approved as an Administrative Review use in
accordance with the procedures of section 4-103, Administrative Review.
Administrative Review uses are subject to all other applicable regulations
of this Code, including any requirements and use -specific standards in
Article 7, Standards.
2. Limited Impact Review Uses. /L/ in a cell indicates that the use is allowed
only if reviewed and approved as a Limited Impact Review use in
accordance with the procedures of section 4-104, Limited Impact Review.
Limited Impact Review uses are subject to all other applicable regulations
of this Code, including any requirements and use -specific standards in
Article 7, Standards.
3. Major Impact Review Uses. /M/ in a cell indicates that the use is allowed
only if reviewed and approved as a Major Impact Review use in
accordance with the procedures of section 4-105, Major Impact Review.
Major Impact Review uses are subject to all other applicable regulations
of this Code, including any requirements and use -specific standards in
Article 7, Standards.
C. Prohibited Uses.
A blank cell indicates that the use is prohibited in the zone district.
3-402. TABLE ORGANIZATION.
A. Use Classifications.
In the use table, land uses and activities are classified into general "use categories" and
specific "use types" based on common functional, product, or physical characteristics,
such as the type and amount of activity, the type of customers or residents, how goods
or services are sold or delivered, and site conditions. This classification provides a
systematic basis for assigning present and future land uses into appropriate zone
districts. This classification does not list every use or activity that may appropriately
exist within each category, and specific uses may be listed in 1 category when they may
reasonably have been listed in 1 or more other categories.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-20
B. Multiple Principal Uses.
Multiple principal uses are permitted on a single lot. All of the uses must fall into the
permitted use category(ies) for the district as identified in Table 3-403, Use Table. Each
use is subject to applicable regulations within that use category, including the general
standards in Article 7 and any applicable use -specific standards.
C. Unlisted Uses.
1. Procedure. Where a particular use type is not specifically listed in the use
table, an Applicant may request an interpretation of the use table.
a. Director Determination. The Director may permit the use type
upon finding the standards of this subsection are met. The
Director shall give due consideration to the purpose and intent of
this Code concerning the zone district(s) involved, the character of
the uses specifically identified, and the character of the use(s) in
question.
b. Director Referral to BOCC. The Director may refer any unlisted
use determination to the BOCC for review and determination.
c. BOCC Determination. The BOCC shall make an unlisted use
determination about any nonresidential use that will:
(1) Require a structure greater than 100,000 square feet of
gross Floor Area;
(2) Typically generate more than 1,000 daily vehicle trips, or
(3) Is anticipated to require more than 250 parking spaces.
2. Standards for Approving Unlisted Uses. In order to determine if the
proposed use(s) has an impact that is similar in nature, function, and
duration to the other use types allowed in a specific zone district, the
reviewing body shall assess all relevant characteristics of the proposed
use including, but not limited to, the following:
a. The volume and type of sales, retail, wholesale, etc.;
b. The size and type of items sold and nature of inventory on the
premises;
c. Any processing done on the premises, including assembly,
manufacturing, warehousing, shipping, and distribution;
d. Any dangerous, hazardous, toxic, or explosive materials used in
the processing;
e. The nature and location of storage and outdoor display of
merchandise, whether enclosed, open, inside, or outside the
principal building; predominant types of items stored (such as
business vehicles, work -in -process, inventory and merchandise,
construction materials, scrap and Junk, and raw materials,
including liquids and powders);
f. The type, size, and nature of buildings and structures;
g.
The number and density of employees and customers per unit
area of site in relation to business hours and employment shifts;
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-21
h. Transportation requirements, including the modal split for people
and freight, by volume type and characteristic of traffic generation
to and from the site;
i. Trip purposes and whether trip purposes can be shared by other
use types on the site;
j. Parking requirements, turnover and generation, ratio of the
number of spaces required per unit area or activity, and the
potential for shared parking with other use types;
k. The amount and nature of any nuisances generated on the
premises including, but not limited to, noise, smoke, odor, glare,
vibration, radiation, and fumes;
I. Any special Public Utility requirements for serving the proposed
use type including, but not limited to, water supply, wastewater
output, pretreatment of wastes and emissions required or
recommended, and any significant power structures and
communications towers or facilities; and
m. The impact on adjacent lands created by the proposed use type,
which should not be greater than that of other use types in the
zone district.
3. If a proposed unlisted use is not subject to interpretation pursuant to this
section, an Applicant may request a text amendment pursuant to section
4-114, Code Text Amendment.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-22
3-403. USE TABLE.
/P/ By Right /A/Administrative Review /L/ Limited Impact
Table
Review
3-403: Use
/M/ Major
Table
Impact
Review i•i Exempt from County Review and Standards
Use Category Use Type
Residential
Districts •L
Nonresidential
Districts
Resource Land
Zone Districts
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
R
RS
- RM
HP
CL
CG
1
PL
RL
P
RL
E
RL
TS
RL
GS
AGRICULTURAL AND ANIMAL -RELATED US ``-
General
Agriculture
P
P
.....
•
P
P
P
P
EXEMPT
Building or Structure Necessary to
Agricultural Operations, Accessory
P
P
�■�■■
•
��■
P
EXEMPT
Forestry
P
P
'....
•
P
P
P
P
EXEMPT
Products
Processing,
Storage,
Distribution, and
Sale
Off -Site
A
■■■
L
L
L
•
P
P
P
P
At Point of Production
P
P
P P
P
P
P
•
P
P
P
P
EXEMPT
Animals and
Related Services
Animal Sanctuary
P
.-.-..
•
P
P
7-601
Animal Processing
M
....
M
M
•
.-..
7-602
Feedlot, Commercial
M
.�--.
M
•
.�-
M
Kennel, Small
L
M
L
L
A
•
L
L
7-603
Kennel, Large
M
.'.
L
L
A
•
��.
L
7-603
Riding Stable
P
P
--..-
•
P
-.
P
Veterinary Clinic
A
A
L
L
A
•
L
7-604
RESIDENTI
'-'
----'illi
Household Living
Dwelling, Single -Unit (per legal lot)
PPPPP
P.
•
P
P
Dwelling, 2 -Unit
A
A
A A
A
A.
•
....
Dwelling, Multi -Unit
L
L
AL
L
L
L
•
.--.
Dwelling Unit, Accessory
A
A
A A
A
A
A
•
A
A
A
A
7-701
Cabin
P
...--..
P
P
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-23
/P/ By Right /A/
Table 3-403: Use Table
Administrative Review /L/ Limited Impact Review /M/ Major Impact Review i•i Exempt from County Review and Standards
Use Category
Use Type
Residential
R
Districts
RS
��
RU RM
HP
Nonresidential Resource
Districts _ikone
District
Land
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
CL
CG I PL
RL
P
RL
E
RL
TS
RL
GS
Manufactured Home Park
MMM
A
M
•
7-703
Rental
Short -Term
P
P
P
P
P
P
P
•
P
P
PP
Seasonal
P
P
P P
P
P
P
•
P
P
P
P
Office
Home Office/Business
P
P
P P
P
P
P
•
P
P
PP
7-702
Group Living
Foster Home
P
P
P P
P
P
P
•
Group Home Facilities
L
L
L LP
•
L
7-704
Temporary
Employee Housing Facility, Major
MMMMMMM
•
L
L
L
L
7-705
Employee Housing Facility, Minor
Al
Al
Al Al
Al
Al
Al
•
Al
Al
Al Al
7-706
Employee Housing Facility, Small
P
P
P P
P
P
P
• P
P
PP
7-707
I
Assembly
Community Meeting Facility
A
A
A AP
PEA
•
L
L
Place of Worship
A
A
A A
A
A
A
•
A
Public Gathering
A
A
A
•
A
Cultural Facility
Library
A
A
A
P
P
•
A
A
Museum
A
A
A
A
A
A
A
•
A
A
Day Care
Adult Day Care
A
A
A
A
A
A
A
•
Child Care Center
A
A
A
A
A
A
A
•
L
7-804
Family Child Care Home
PPPPPP
•
A
A
7-804
Parks and Open
Space
Cemetery
A
A
A A
A
A
A
•
Park
PPPPPP
•
P
P
P- P-
Community
Corrections Facility
M
M
M
M
M
M
•
M
Review and decision of an application is completed administratively, but is subject to the process set forth in section 4-107
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-24
/P/ By Right /A/
Table 3-403: Use Table
Administrative Review /L/ Limited Impact Review /M/ Major Impact Review i•i Exempt from County Review and Standards
Use Category
Service Facility
Use Type
Residential
R
Nonresidential
Districts i� Districts
RS RU RM CL CG I
HP
,one
Resource
District
Land
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
PL RL
P
RL
E
RL
TS
RL
GS
Educational Facility
L
L
L
L
A A A
•
A
Emergency Shelter
L
L
L
L
L
L L
•
Fire Station
A
A
A
A
A
A A
• A
A
Hospital
MMMML
L L
•
Public Building
A
A
A
A
A
A A
• A
A
Transportation
Access Route
A
A
A
A
A
A A
• P
P
P
P
Aircraft Landing Strip
L
L
L L
• L
L
7-802
Aircraft, Ultralight Operation
P
P
P
P
P
P P
• P
P
P
P
7-801
Airport
M
•
7-803
Heliport
MMML
L
L L
• M
M
7-803
Helistop
MMML
L
L L
• M
M
7-802
Mass Transit Facility
M
M
M
M
M
M M
•
Park and Ride Facility
L
L
L L
A
A A
• A
A
AA
Trail, Trailhead, Road
P
P
P P
P
P P
• P
P
PP
COMMERCIAL US •
Office
Broadcasting Studio
L
A
A
A
•
7-901
Professional Office
L
P
P
P
• L
L
Professional Office, Temporary
A
A
A
A
A
A
A
• A
A
A
A
Retail/Wholesale
Bakery
P
P
P
•
Convenience Store
L
MMM
A
A
A
•
Nursery/Greenhouse
P
A
A AP
P
P
•
P
7-902
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-25
/P/ By Right /A/
Table 3-403: Use Table
Administrative Review /L/ Limited Impact Review /M/ Major Impact
Review i•i Exempt from County Review and Standards
Use Category
Residential
k
Use Type
R
Districts ��
RS RU RM
HP
Nonresidential
CL
Districts
CG I
,one
Resource
District
Land
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
PL RL
P
RL
E
RL
TS
RL
GS
Optional Premises Cultivation Operation
M
M
M 2
7-903
Retail, General
A
A
A
AP
P
P •
Retail, Equipment, Machinery, Lumber
Yards
P
P
P • P
P
P
P
Retail, Vehicle and Equipment Sales
M
P
P
P •
Bulk Sales of LPG and CNG
LLLLL
L
Recreation and
Entertainment
Golf Course/Driving Range
A
A
A
A
A •
A
Theater, Indoor
P
P
A
•
Motor Sports Center
M
M
M
M
• L
L
Recreation, Indoor
L
MMMP
P
A
•
Recreation, Outdoor
LMMMMML
L L
L
L
L
Shooting Gallery/Range
L
MMMMM
L L MMMM
7-904
Services
Crematorium
M
L
L
L •
Eating or Drinking Establishment
L
L
L
L
P
P
P
• A
A
General Service Establishment
L
P
P
P
•
Laundromat
AL
L
L
P
P
P •
Laundry or Dry -Cleaning Plant
L
L
L
•
Mortuary
M
L
L
L
•
Vehicles and
Equipment
Car Wash
M
A
A
A
•
Parking Lot or Parking Garage
L
L
L L
A
A
A •
Repair, Body /Paint, or Upholstery Shop
A
-
_
P
P
_
P •
Visitor
Campground/ RV Park
M
MML
L L
M
7-905
2 Refer to the Federal Government for the laws and policies in regards to cultivation operations for Medical Marijuana.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-26
Table 3-403: Use Table
/P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review i•i Exempt from County Review and Standards
Use Category
Accommodation
Use Type
Residential
R
Districts ��
RS RU RM
HP
Nonresidential
Districts
Resource
_ikone District
Land
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
CL
CG
I PL RL
P
RL
E
RL
TS
RL
GS
Lodging Facilities
L
L
L
L
P
P
L • A
A
i DUSTRIAL S
Extraction
Compressor/Pipeline Pump Station (Not
Subject to Article 9)
L
L
L •
L
I L
L
L
7-1001
Compressor, Booster
A
A
A
A
A
A
A •
P
P
P
P
Extraction, Gravel
M
ML
L
L
L
L
7-1001, 7-1002
Extraction, Mining and Other
M
LL
LL
LL
7-1001, 7-1003
Hydraulic Fracturing, Remote Surface
Facility
,
,
,
•
pp
pp
EXEMPT
Injection Well, Piped
P
A
P •
P
P
P
P
7-1001
Injection Well, Small
A
A
P •
P
P
P
P
7-1001
Injection Well, Large
L
L
•
P
P
P
P
7-1001
Oil and Gas Drilling and Production
P
P
P
P
P
P
P •
P
P
P
P
EXEMPT
Service
Contractor's Yard, Small
A
P
P
P •
A
A
A
A
7-1001
Contractor's Yard, Large
M
P
P
P •
L
L
L
7-1001
Material Handling
L
L
L •
A
A
A
A
7-1001
Processing
L
L
L
L
•
A
L
AA
7-1001
Processing, Accessory (Batch Plant)
L
-
L
L
L
•
A
A
7-1001
Processing, Temporary
A
A
A
A •
A
A
7-1001
Vehicles, Machinery, and Heavy
Equipment
M
M •
L
M
7-1001
Vehicle Safety Area
A
•
P
P
7-1007
Fabrication
Assembly of Structures
L
L
A •
L
L
7-1001
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-27
/P/ By Right /A/
Administrative Review /L/ Limited Impact
Table
Review
3-403: Use
/M/ Major
Table
Impact
Review i•i Exempt from County Review and Standards
Use Category
Use Type
Residential
Districts
Nonresidential
Districts
Resource Land
Zone Districts
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
R
RSId
HP
CL
CG
I PL PRL
EL
TS
RL
GS
Cabinet Making, Wood and Metal
working, Glazing, Machining, Welding
A
L
■■
P
P
P • L
■■
L
7-1001
Equipment, Small Appliances
L
---
L
L
A • L
L
7-1001
Goods Processed From Natural
Resources
M
M
• M
M
7-1001
Warehouse and
Freight
Movement
Storage
L
.-.
P
P
P • A
A
A
A
7-1001
Storage, Mini
L
...
P
P
P • .-..
7-1001
Storage, Cold Storage Plants
-.•-
P
P
P • L
L
7-1001
Storage, Hazardous Materials
M
...
MMM
• L
L
7-1001
Warehouse and Distribution Center
M
.'.
L
L
L • •••
M
7-1001
Waste and
Salvage
Mineral Waste Disposal Areas
L
-.-..
L • L
L
L
L
7-1001
Recycling Collection Center
L
...
P
P
P • •••
L
7-1001, 7-1004
Recycling Processing Facility
M
-'.
M
M
L • •••
M
7-1001
Salvage Yard
M
-.--
M
L • •••
M
7-1001
Sewage Treatment Facility
L
L
L L
L
L
L • L
L
7-1001, 7-1005
Solid Waste Disposal Site and Facility
M
.....
M • M
M
7-1001, 7-1006
Solid Waste Transfer Facility
M
...
L
L
L • M
M
7-1001
Water Impoundment
L
.....
L • L
L
LL
7-1001
UTILITIES AI.'-.--.-.-..
Electric Power Generation Facility, Small
L
L
A
A
P • AILIL
A
Electric Power Generation Facility, Large
L
------
L L
L
L
Lines, Distribution
P
U
P P
P
P
P • P
P
PP
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-28
Nonresidential
Districts
Table 3-403: Use Table
/P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review 1.1 Exempt from County Review and Standards
Use Type
Lines, Transmission
Pipeline
A3 I A3 I A3
Solar Energy System, Accessory
Solar Energy System, Small
HPCL CG
Resource Land
one District
PL RL RL
P E
RL
TS
L
L L
L
L
L
L
L
RL
GS
L
A3
A3 A3
A3
•
A3
A3
A3
A3
Solar Energy System, Large
M
M
Substation, Neighborhood
P
M
P P
Substation, Utility
L
L
L
Telecommunication Facility
L
L
L
Utility Distribution Facility
P
A
M
P P
P P
L L
P
P
L
•
•
L
P
P
L
P
P
L
P
P
L
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
9-104
P 7-1101
P 7-1101
P
P P
P
•
P
P
P
L 7-1101
P
L
L L
L
•
L
L
L
Water Reservoir
P
Water Tank or Treatment Facility
L
L L
P P
L
P
L
Wind Energy System, Commercial M
Wind Energy System, Small L
L
L L
M M
L
L
ACCESSORY USES AND STRUCTURES
Building or Structure, Accessory P
IPI
P
Fence, Hedge or Wall
L L
P
•
•
•
P/A4
P
A
P/A4
P
P/A4
P
L
P/A4 7-1102
P
A 7-1103
•
L
• M
L
L
L
M
•
A
L
P
•
P
P
P
P P
P
•
P
P
P
P
7-1201
P 7-1201
3 Review and decision of an application is completed administratively, but is subject to the process set forth in section 9-103.
4 Telecommunication Facilities 100 feet or less in height are By Right uses. A Facility over 100 feet shall be subject to an Administration Review.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3-29