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SOME OF THEM ARE LIVING.
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ZONING RESOLUTION
Garfield County, Colorado
Adopted: October 6, 1970; Amended: November 27, 1973, November:`11, 1974,_.',
April 14, 1975, June 21, 1976,; arid::.'` ..:..:;
Price: $5.00 January 4, 1977.
RESCLt}T1ON '.-r "71- S°
WHEREAS, C.R.S. 1973 30-28-109 through 30-28-116 provide for the
approval of all zoning plans and the adoption and amendment of regulations
and resolutions to implement such zoning plans by the Board of County
Commissioners of a given county; and,
WHEREAS, pursuant to said authority, the Zoning Resolution of Garfield
County, Colorado was adopted and enacted by the Board of County Commissioners
of said county on the 27th day of November, 1973; and,
WHEREAS, the following proposed amendment to said Resolution as amended
has been recommended by the Garfield County Planning Commissioner to this Board
and,
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WHEREAS, this Board has given notice of public hearing upon such
amendment by one or more publications in newspapers of general circulation
in Garfield County, such hearing having been held on D?cember 20th, 1976 and
this Board having given full consideration thereto; and,
WHEREAS, this Board deems it necessary and advisable to adopt these
amendments to the Zoning Resolution for the purpose of promoting the healt0
safety, morals, convenience, order, prosperity, • and welfare of the present
and future inhabitants of the State, and to reflect the changing conditions
with respect to the development of oil shale resources in Garfield County and
its effect upon the areas of this County designated and zoned, Resource Lands.
NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners
of Garfield County, Colorado that the following amendment to the Garfield County
Zoning Resolution be adopted and be effective immediately, and that this
resolution amend said Zoning Resolution to provide as follows:
"Section 3, 11, 01 Plateau , . .
effect.
Minimum Lot Area; for dwelling units: 35 acres."
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All other provisions of. said Resolution to be and remain in full force and
Dated this a'f day of January, A.D. 1977.
THE BOARD OF CO
By;
Attest: /tM1 f,,,1_T
G rfielcI Count/ Clerk
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RESOLUTION OF THE BOARD
WHEREAS, C1.R.S. 1973 30-28-109 through 30-28-116 provide for the
approval of all zoning plans and the adoption and amendment of regulations
and resolutions to implement such zoning plans by the Board of County
Commissioners of a given county; and
WHEREAS, pursuant to said authority, the Zoning Resolution of Garfield
County, Colorado was adopted and enacted by the Board of County Commissioners
of said County on the 27th day of November, 1973; and
WHEREAS, the following proposed amendments to said resolution, as
amended, have been recommended by the Garfield County Planning Commission
to this Board; and
WHEREAS, this Board has given notice of public hearing upon such
amendments by one or more publications in newspapers of general circulation
in Garfield County, such hearing having been held on April 14, 1975 and this
Board having given full consideration thereto; and
WHEREAS, this Board deems it necessary and advisable to adopt these
amendments to the Zoning Resolution for the purpose of promoting the health,
safety, morals, convenience, order, prosperity and/or welfare of the present
and future inhabitants of the state.
NOW THEREFORE, Be it resolved by the Board of County Commissioners
of
Garfield County, Colorado at its meeting held on the 2lst day of April' 1975
that these Proposed Changes to the Garfield County Zoning Resolution" be
and the same are hereby adopted and shall be effective immediately, and
shall amend, add toor
Resolution ofdGarfieldd herein, County,the Coloradonated sections
of the existing Zoning
The said amendments to the Zoning Resolution of Garfield County, Colorado,
shall be as follows:
1. Cover Sheet - Date changed to April, 1975
Price changed from $2.50 to $5.00
2. Page 1, Section 1.04 Establishment of:Districts - Added P / U / D
Planned / Unit / District
3. Page 3, Legend of Zone District Designations - Replaced P / 0 with
P / U / D Planned / Unit / Development
4. Page 4, Section 2.02.01 - Added the definition of Aeration Plant
5. Page 5, Section 2.02.07 (2), Line 4, Added - and designated as "FB"
units by the Colorado Division of Housing
•6. Page 5, Section 2.02.07 (3), Line 3, Added - and designated as "MH"
units by the Colorado Division of Housing.
RESOLUTION -4 it,-4Lo.
WHEREAS, C.R.S. 1973 30-28-109 through 30-28-116 provide far the approval
of all zoning plans and the adoption and amendment of regulations and' resolutions
to implement such zoning plans by the Board of County Commissioners of a given
county; and
WHEREAS, pursuant to said authority, the Zoning Resolution of Garfield
County, Colorado was adopted and enacted by the Board of County Commissioners
of said county on the 27th day of November, 1973; and
WHEREAS, the following proposed amendments to said Resolution as amended,
have been recommended by the Garfield County Planning Commission to this Board;
and
WHEREAS, this Board has given Notice of Public Hearing upon such amendments
by one or more publications in newspapers of general circulation in Garfield
County, such hearing having been held on June 21st, 1976 and this Board having
given full consideration thereto; and
WHEREAS, this 3oard deems it necessary and advisable to adopt these
amendments to the Zoning Resolution for the purpose of promoting the health,
safety, morals, convenience, order, prosperity and welfare of the present and
future inhabitants of the state, and to promote the logical development of
industrial activity in the County.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, of
Garfield County, Colorado that the following additions to the Garfield County
Zoning Resolution be adopted and be effective immediately, and shall amend and
add to, as indicated therein, the designated sections of the existing Zoning
Resolution of Garfield County,'Colorada.
The said amendments to the Zoning Resolution of Garfield County, Colorado,
shall be as follows:
1. Page 7, Section 2.02.30 Industrial Operations Classified -
Add Item:
(6) Material Handling "to load and unload goods, materials,
and products, whether, industrial or commercial, in
bulk, excluding the operations of extraction,
processing, fabrication or storage as defined above.
2.. Page 19, Section' 3.09.03 Uses, Special (Commercial General
District) Change to Read:
Any special use of the C/L district subject to all
conditions listed thereunder plus the following
uses:
Plant for processing natural resources and
agricultural materials limited to food and
beverages:
Salvage yard, water impoundments, automobile
race track and material handling.
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Dated, this .2 / day of
Attest:, 'LC�c�':
4arfield Coun+ Clerk
, A.D. 1976.
THE BOARD OF COUNTY COMMISSIONERS
• OF GARFIELD COUNTY, COLORADO
Commissioner
7. Page 8, Section 2.02.39, Line 3, Added - and shall be a minimum of
200 square feet.
8. Page 9, Section 2.02.42, Line 1, Changed Planned development District
to Planned Unit Development
9. Page 9, Section 2.02.44, Added the definition of Septic Tank
10. Page 9, Section 2.02.46 - Added the definition of Sewage Treatment Works
11. Page 10, Section 2.02.53 - Changed Oil Shale Lands District
Definitions to Resource Lands District Definitions.
12. Page 11, Section 3.01.02, Line 2 - Added mobile home as accessory use
to ranch or farm operations.
13. Page 12, Section 3.02.01, 2nd paragraph, Last Line - Removed ski lift
and trails.
13(a) Page 12, Section 3.02.02, 1st paragraph, 2nd Line - Added mobile home
as accessory use to ranch or farm operation
14. Page 12, Section 3.02.03, 2nd paragraph, 2nd line, Added ski lift and
trails
15. Page 13, Section 3.03.01, 2nd paragraph, Remove ski lift and trails
16. Page 21, Section 3.11.04, 5th paragraph, Line 5 - Added mobile home as
accessory use to ranch or farm operations
17. Page 27, Section 4.02.08 (1), Line 3 and Line 5 - Change the word "public"
to "municipal"
18. Page 29, Section 4.02.12 (d), Last Line - Change Environmental Health
Officer to Building Official
19. Page 32, Section 4.02.19 (2), Line 2 - Added and other applicable County
and State Regulations. Copies of Regulations shall be made available
to the park residence by the park manager or owner.
20. Page 33, Section 4.03.01 (A) and 4.03.01 (8) were added to Section 4.03
21. Page 40, Section 4.04.05 and 4.04.05 (1) has been changed to read as
shown on Page 40 from 4.04.05 through No. 7
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22. Page 44,.Section 5.04, Line 5 - Change building inspector to Building
Official.
23. Page 49, Section 7.03.02 has been changed to read: "Fee: A fee of
Twenty -Five Dollars ($25.00) shall be charged for each application
with the exception of uses as industrial operations as defined in
Section 4.03.07 of the Zoning Resolution of Garfield County a fee of
Five Hundred Dollars ($500.00) shall be charged for each application
as included in industrial operations.
24. Page 50, Section 7.03.04 (1), Line 5 - Add -and Proof of Publication
shall be presented at hearing
25. Page 51, Section 7.03.04 (2), Line 3 - Add by Registered Return Receipt
Mail, and Receipts shall be presented at hearing
26. Page 51, Section 7.05.01 - Add Paragraph (3)
27. Page 52, Section 7.05.04, Last Line - Add and proof of publication shall
be presented at hearing
28. Page 52, Add Section 7.05.05
29. Page 53, Section 8.01.04 Changed to read as follows: Amendment changing
the zone district designated of a specific lot or lots from any zone
district designation to a combination of zone district designations
arranged to permit development of a Planned 'Unit Development; such
amendment shall be referred to hereinafter as a Planned Unit Development
Amendment
30. Page 53, Section 8.02.04 - Changed to read as follows: Planned Unit
Development: All the owners of the real property to be included with the
proposed Planned Unit Development
31. Page 54, Section 8.03.01, Line 2 - Changed from Planned Development
District to Planned Unit Development
32. Page 54, Section 8.03.03, Line 1 - Changed from Planned Development
District to Planned Unit Development
33. Page 54, Section 8.04, Line 5 - Add except as stated in Section 14.08.01
of the Planned Unit Development Amendment to the Garfield County Zoning
Resolution
34. Page 54, Section 8.04.02, Line 3 - Changed Planned Development to
Planned Unit Development
35. Page 57 through 68 has been added which is Planned Unit Development
Amendment to the Garfield County Zoning Resolution
• 36. Page 66, Section 14.09.01, Line 2 - from the time of its final approval
changed to: from the time of its final zone change approval.
TABLE OF CONTENTS
1.00 GENERAL PROVISIONS 1
01 Purpose 1
02 Authority 1
03 Short Title 1
04 Establishment of District 1
05 Incorporation of Map 1
06 Zone District Boundaries 2
07 Application of Regulations 2
Ledgend of Zone District Designations 3
2.00 DEFINITIONS 4
01 Rules of Construction 4
02 Terms Defined 4
3.00 ZONE DISTRICT REGULATIONS 11
01 Agricultural /. Industrial 11
02 Agricultural / Residential / Rural Density 12
03 Agricultural / Residential / Cluster 13
04 Residential / Limited/ Suburban Density 14
05 Residential / Limited / Urban Density 15
06 Residential / General / Suburban Density 15
07 Residential / General / Urban Density 16
08 Commercial / Limited 17
09 Commercial / General 18
10 Open / Space 19
11 Resource / Lands 20
4.00 SUPPLEMENTARY REGULATIONS 23
01 Supplementary Use Regulations 23
02 Mobile Home and Camper Park Regulations 25
03 Conditional and Special Uses 33
04 Supplementary Lot Area Regulations 39
05 Supplementary Setback Regulations 42
06 Supplementary Building Height Regulations a3
5.00 NON -CONFORMING USE REGULATIONS 44
01 Non -conforming Uses and Buildings 44
02 Repair and Maintenance 44
03 Restoration 44
04 Change in Use 44
05 Replacement 44
06 Enlargement 44
07 Abandonment 45
6.00 ADMINISTRATIVE ORGANIZATION 46
01 Office of Building Official 46
02 Board of Adjustment 46
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7.00 ADMINISTRATION PROCEDURES 48
01 Permit 48
02 Permit -Conditional Uses 49
03 Permit -Special Uses 49
04 Administrative Appeal & Interpretation 50
05 Variance 51
8.00 AMENDMENT 53
01 Classification 53
02 Initiation 53
03 Submittal 53
04 Procedures 54
9.00 INTERPRETATION 55
10.00 VIOLATION, PENALTY AND REMEDIAL ACTIONS 55
11.00 SEVERABILITY 55
12.00 REPEALS 56
13.00 ENACTMENT CLAUSE 56
14.00 PLANNED UNIT DEVELOPMENT 57
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1.00 GENERAL PROVISIONS
1.01 PURPOSE
This Resolution is drawn in accordance with the General Plan of Garfield
County and is designed for the purpose of promoting the health, safety and
welfare of the present and future inhabitants of the state, including the
lessening of congestion in the streets or roads or reducing the waste of
excessive amounts of roads, securing safety from fire, flood waters and
other dangers, providing adequate light and air, classification of land uses
and distribution of land development and utilization, protection of the tax
base, securing economy in governmental expenditures, fostering the state's
agricultural and other industries, and the protection of both urban and
non -urban development.
1.02 AUTHORITY
This Resolution is authorized by Chapter 106, Article 2, of the. Colorado
Revised Statutes, 1963 as amended
1.03 SHORT TITLE
This Resolution shall be known and may be cited and referred to as the
"Garfield County Zoning Resolution."
1.04 ESTABLISHMENT OF DISTRICTS
To carry out the purpose and provisions of this Resolution, the zoned area
of Garfield County is divided into the following zone districts.
A / I
A / R / RD
A/RIC
R / L / SD
R/L/UD
R / G / SD
R / G / UD
C / L
C/G
0/S
R/L
P / U / 0
Agricultural / Industrial
Agricultural / Residential / Rural Density
Agricultural / Residential / Cluster
Residential / Limited / Suburban Density
Residential / Limited / Urban Density
Residential / General / Suburban Density
Residential / General / Urban Density
Commercial / Limited
Commercial / General
Open / Space
Resource / Lands
Planned / Unit / Development
1.05 INCORPORATION OF MAP
The location and boundaries of the zone districts established by this Reso-
lution are shown on the "Zone District Maps" of Garfield County which are
hereby incorporated into this Resolution. Said zoning maps, together with
all data shown thereon and all amendments thereto are by reference incor-
porated into this Resolution. The Zone District Maps shall be identified
by signature of the Chairman of the Board of County Commissioners, attested
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by the County Clerk, and bear the seal of the County and date of adoption.
Changes in the boundary of any zone district shall be made only upon amend-
ment to this Resolution and shall promptly be entered on the Zone District
Map with an entry on the map giving the number of the amending resolution
and the date together with the signature of the Chairman of the County
Commissioners attested by the County Clerk. The original Zone District
Maps shall be located in the office of the County Planner with copies for
public reference maintained in the office of the County Clerk and in the
office of the County Surveyor.
1.06 ZONE DISTRICT BOUNDARIES
Except where otherwise indicated, zone district boundaries shall follow
county lines, municipal corporation limits, section lines, lot lines, or
richt-of-way lines or extensions thereof. In unsubdivided land or where
a zone district boundary divides a lot or parcel, the location of such
boundary, unless indicated by dimension, shall be determined by scale of
the Zone District Map. Where a zone district boundary coincides with a
right-of-way line and said right-of-way is subsequently abandoned, the zone
district boundary shall then follow the centerline of the former right-of-
way. Land not part of a public right-of-way and which is not indicated as
being in any zone district shall be considered to be included in the most
restricted adjacent zone district even when such district is separated from
the land in question by a public right-of-way.
0.07
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APPLICATION OF REGULATIONS
Except as hereinafter provided:
No building or structure shall be erected and no existing building or struc-
ture shall be moved, removed, altered or extended, nor shall any land,
building or structure be used for any purpose or in any manner other than
as provided among the uses hereinafter listed in the Zone District Regula-
tion for the district in which such land, building or structure is located;
No building or structure shall be erected nor shall any existing building
or structure be moved, removed, altered or extended nor shall any open
space surrounding any building or structure be encroached upon or reduced
in any manner, except in conformity with the lot area, lot coverage, floor
area ratio, setback and height provisions hereinafter provided in the Zone
District Regulation for the district in which such land, building or struc-
ture is located;
No lot area, frontage, yard or other open space or parking provided about
any building or structure for purposes of compliance with provisions of
this Resolution shall be considered as providing lot area, frontage, yard
or other open space or parking for any other building or structure in the
same lot or on any other lot;
Uses permitted by this Resolution shall also be subject to provisions of
other applicable county and state regulations except as specifically pro-
vided herein; and further, where the provisions of this Resolution impose
as greater restriction than required by such other regulation, the provisions
of this Resolution shall be observed.
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LEGEND OF ZONE DISTRICT DESIGNATIONS
A / I AGRICULTURAL / INDUSTRIAL
A / R / RD AGRICULTURAL / RESIDENTIAL / RURAL DENSITY
A / R / C AGRICULTURAL / RESIDENTIAL / CLUSTER
R / L / SD RESIDENTIAL / LIMITED / SUBURBAN DENSITY
R / L / UD RESIDENTIAL / LIMITED / URBAN DENSITY
R / G / SD RESIDENTIAL / GENERAL / SUBURBAN DENSITY
R / G / UD RESIDENTIAL / GENERAL / URBAN DENSITY
C / L COMMERCIAL / LIMITED
C / G COMMERCIAL / GENERAL
O / S OPEN / SPACE
P / U / D PLANNED / UNI / DEVELOPMENT
R / L RESOURCE / LANDS
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2.00 DEFINITIONS
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2.01
RULES OF CONSTRUCTION
Whenever appropriate to the context, words used in the present tense
include the future tense; words used in the singular include the plural
and words used in the plural include the singular. The word "shall" is
mandatory, the word "may" is permissive.
2.02 TERMS DEFINED
For purposes of this Resolution, certain terms are defined as follows:
2.02.01 Aeration Plant: Equipment or devices for the aerated treatmemt of
sewage capable of meeting the standards and requirements of the Garfield
County individual sewage disposal regulations.
2.02.02 Agricultural / Residential / Cluster: A zone district designation
arranged to permit development of residential clusters surrounded by
or in relation to undeveloped land; each district shall comprise a
contiguous area of land under unified control of one or more land-
owners proposed for development according to a plan covering all of
the included land area; application for and approval of amendment
to the Zone District Map designating the entire area Agricultural /
• Residential / Cluster with boundaries of the subdivided land
indicated and the remainder of the land as Greenbelt shall be
required prior to such use of land, which shall be in conformance
with the approved zone district designation.
2.02.03 Aircraft Landing Strip: A private facility for accommodation and
servicing of aircraft; the use of which shall be limited to the owner
or owners of the lot on which the facility is located.
2 02.04 Airport: A public facility for accommodation and servicing of aircraft;
(1) Airport, utility: a basic or general utility airport as defined
by the Federal Aviation Agency; use shall be limited to aircraft
weighing no more than 12,500 pounds;
(2) Airport, air carrier: an air carrier airport as defined by the
Federal Aviation Agency.
2.02.05 Alley: A public right-of-way providing only secondary access to the
rear of a property and not intended for general travel.
2.02.06 Boarding or Rooming House: A building or portion thereof, other than a
hotel, motel or lodge or multiple family dwelling, used to provide
lodging (with or without meals) for four or more persons for
compensation; such compensation may include money, services or other
• things of value.
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2.02.07
2.02.08
2.02.09
2.02.10
2.02.11
2.02.12
2.02.13
Building: Any structure used for shelter or enclosure of persons,
animals, or property; any building used for permanent shelter or
enclosure of persons shall be one of the following:
(1) Building - coventional and prefabricated: a building con-
structed or erected on the lot or building site in a conventional
manner using individual assembed or unassembled building materials,
which shall be less than the entire building or major portion
thereof.
(2) Building Modular: a building erected on a lot using pre-
fabricated or preassembled component building parts which shall
comprise the entire building or major portion thereof; such building
shall bear certification of approval as "factory built housino"and
designated as "PB" units by the. Colorado Division of Housing.
(3) Building Mobile Home: factory manufactured relocatable living
unit and initially constructed to permit its being used as a
conveyance upon the public streets or highways, and designated as
"MH" units by the Colorado Division of Housing.
Building, accessory: A detached, subordinate building located on the
same lot as the principal building; the use of which is incidental
and subordinate to the use of the principal building.
Building Height: The distance, measured vertically, from the undis-
turbed or natural ground surface at the mid -point between the front
and rear walls of a building to the top of a flat roof or mansard
roof or to the mid -point between the eave line and the peak of a gable,
hip, shed or similar pitched roof.
Building Official: The Building Official designated by the County
Commissioners to administer and enforce this Resolution and the
Building Code Resolution of Garfield County, Colorado.
Camper Park: Any lot which has been designed, improved or used for the
parking of two (2) or more camper vehicles and/or tent campers for
human habitation.
Camper Space: A plot of ground within a camper park designed for
accomodation of one camper.vehicle or tent.
Camper Vehicle or Trailer: Any vehicle or portable structure constructed
to be transported on or towed behind a vehicle and designed to permit
temporary occupancy as living quarters; it shall be considered self-
contained if it includes a toilet and a bath or shower.
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2.02.i4'
Central Collection of Sewage: Central collection of sewage shall mean
the transmission of all liquid wastes from one or more residential,
commercial and/or other sources to an adequate facility for primary
treatment, secondary treatment, and appropriate ultimate re -utilization
or disposal
2.02.15 Commission: Shall mean the Garfield County Planning Commission.
2.02.16 County: Shall mean Garfield County, Colorado.
2.02.17 County Commissioners: Shall mean the Board of County Commissioners of
Garfield County, Colorado.
2.02.18 Dwelling: A building or portion thereof used for residential occupancy.
2.02.19 Dwelling Unit: One or more rooms in a dwelling occupied by one family
living independently of any other family.
2.02.20 Dwelling, Single Family: A building containing only one dwelling unit.
2.02.21 Dwelling, Two Family: A building containing two dwelling units.
2.02.22 Dwelling, Multiple Family: A building containing three or more dwelling
units.
2.02.23
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2.02.24
2.02.25
2.02.26
2.02.27
2.02.28
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Environmental Health Officer: An officer and/or sanitarian or other
representative designated by the Colorado Board of Health and the
County Commissioners.
Family: One or more persons occupying a dwelling unit.
Feed Lot: A closely confined area for the feeding of livestock as
contrasted with grazing or pasturing of livestock; where such use
is not incidental and subordinate to a general ranch operation, it
shall be considered a principal use of the lot and regulated as such
under the zone district designation.
Floor Area: The total inhabitable horizontal floor area of all floors in
a building exclusive of basement, garage, storage, and utility area.
Floor Area Ratio: The relationship of floor area to total lot area expressed
as an arithmetic ratio.
Greenbelt: Land retained in an open or unimproved condition except
for agriculture, for the placement of landscape materials including
trees, shrubs and grasses and structures limited to foot paths, bridges,
irrigation structures and erosion protection devices and underground
utilities or improved for park use as defined herein; ownership of
such land may be private with an easement or reservation for greenbelt
use by deed restriction, it may be dedicated to the public.
Designation of greenbelt does not imply provision of access by the
public.
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2.02.29 Home Occupation: Any use for gain or support carried on within a
dwelling, in a building accessory thereto or on the lot in an
agricultural or residential or other zone district wherein commercial
uses are not allowed as principal use of the lot.
2.02.30 Industrial Operations Classified: Industrial uses shall be classified
under one of the following categories which characterizes the dominant
feature of the operation for purposes of regulation under this
Resolution:
(1) Extraction: "to draw out or forth; hence to derive as if by
drawing out"; removal of physical matter in a solid, liquid or
gaseous state from its naturally occurring location; the initial
step in utilization of a natural resource; examples include
petroleum and natural gas wells, shale and coal mines, gravel pits,
timber cutting;
(2) Processing: "to subject to some special process or treatment,
as in the course of manufacture", change in the physical state or
chemical composition of matter; the second step in utilization of
a natural resource; examples include petroleum refining, oil shale
crushing, retorting and refin=ing, ore smelting, coal crushing and
cleaning, saw mills, alfalfa pellet mills, food canning or packing,
creation of glass, ceramic or plastic materials, gravel crushing,
cement manufacture;
(3) Fabrication: "to form by art and labor; to manufacture",
change in the physical shape of matter; the final step in utilization
of a natural resource; examples include manufacture of equipment,
vehicles and consumer goods from processed materials, wood and metal
working operations, concrete and batch plants;
(4) Storage: "act of storing or state of being stored, specifically,
the safe keeping of goods in a warehouse or other depository";
examples include products; and including open storage of mineral
storage piles of gravel, ore, and shale;
(5) Repair: to restore to a sound or good state after decay, injury,
etc." restoration of a damaged object to its original physical shape;
examples include automobile and equipment repair, appliance repair;
(6) Material Handling: "to load and unload goods, materials, and
products, whether industrial or commercial, in bulk, excluding the
operations of extraction, processing, fabrication or storage as
defined above.
2.02.31 Lot: A parcel of land held in separate ownership from contiguous lands
or defined as an individual lot on a subdivision plat filed of record
in the office of the Clerk and Recorder of Garfield County, Colorado.
2.02.32 Lot Area: The total horizontal land area within the boundaries of
a lot.
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2.02.33 Lot Line: The external boundary of a lot;
• (1) Lot Line, Front: the boundary of a lot dividing it from the
adjacent street;
(2) Lot Line, Rear: the boundary of a lot opposite the front lot
line;
(3) Lot Line, Side: any boundary of a lot other than a front or
rear lot line.
2.02.34 Lot Coverage: The portion of a lot which is covered or occupied by
buildings, structures, parking, drives.
2.02.35 Lot Slope: The gradient or configuration of the undisturbed land
surface of a lot or building site which shall be established by
measuring the maximum number of feet in elevation gained or lost
over each 100 feet or fraction thereof measured horizontally in
any direction between opposing lot lines; the relationship of
elevation or vertical measurment as divided by the horizontal
measurement shall be expressed as a percentile as a means of quanti-
fying the term lot slope.
2.02.36 Mobile Home: Factory manufactured relocation living unit and
initially constructed to permit its being used as a conveyance upon
the public streets or highways, and designated. as "MH" units by the
Colorado Division of Housing.
21P.37 Mobile Home Park: Any lot used for location of two or more mobile
home buildings for human habitation.
2.02.38 Mobile Home Space: A plot of ground within a mobile home park designed
for accommodation of one mobile home.
2.02.39 Off -Street Parking: An area maintained on the lot in an accessible
and unobstructed condition for parking of automobiles by the residents,
visitors, employees and customers of uses occupying the lot and shall
be a minimum of 200 square feet.
2.02.40 Park: Land retained in an open condition for recreational use; it
may be improved with play ground apparatus, tennis courts, golf
courses (with or without a clubhouse), picnic areas, riding or
hiking trails and similar facilities; all facilities shall be built
and maintained either by a unit of government, by a non-profit
corporation or by private interests as part of a larger subdivision
of development of land for use by the inhabitants thereof; ownership
of the land may be deeded or reserved to a property owner's
association or it may be dedicated to the public.
Permit: An instrument in writing issued by the Building Official
permitting a specific use of lands which are subject to regulation
under this Resolution, and setting forth conditions to which such
use is subject.
2.02.41
2.02.42
2.02.43
2.02.44
2.02.45
2.02.46
2.02.47
2.02.48
2.02.49
Planned Unit Development: A related combination of zone district
designations arranged to permit development of a diversified
community; it shall comprise an area of land under unified control
of one or more landowner's and proposed for development according
to a plan covering all of the included land area wherein the proposed
uses span the scope of two or more zone district designations.
Application for and approval of amendment to the Zone District
Map designating specific portions of the planned unit development
with zone district designations appropriate to the development plan
shall be required prior to such use of the land. Such use shall be
in conformance with the approved zone district designations.
Row House: A single family dwelling sharing one or two common side
building walls with an adjacent similar dwelling or dwellings and
extending from the lowest to the highest point of the building between
said common side walls.
Septic Tank: A water tight, accessible, covered receptacle
designed and constructed to receive sewage from a building
sewer, to settle solids from the liquid, to anaerobically
digest organic matter and store digested solids through a
period of retention and allow the clarified liquids to discharge
to other treatment units for final disposal.
Setback: The minimum dimension of a required yard.
Sewage Treatment Works: A system or facility for treating,
neutralizing, stabilizing, or disposing of sewage, which system
or facility has a designated capacity to receive more than two
thousand gallons of sewage per day. The term "sewage treatment
works" includes appurtenances such as interceptors, collection
lines, outfall and outlet sewers, pumping stations, and related
equipment.
School: A public or private pre-school, elementary. -or secondary
school or college.
Street: A right-of-way reserved for public use (other than an alley)
which also provides primary vehicular and pedestrian access to
adjacent properties; it may also be used for utility access to
adjacent properties.
(1) Street, arterial: a street primarily used for through traffic;
(2) Street, local: a street primarily used for access to adjacent
properties.
Subdivided Land: Land located either within a subdivision a plat
of which has been filed in the office of the Clerk and Recorder
of Garfield County or land which has been specifically exempted
from subdivision review by the County Commissioners.
9
•2.50 Use:
(1) Use, principal: the purpose or function for which a lot,
structure or building is intended, designed or constructed or the
activity which is carried on within said lot, structure or building;
(2) Use, accessory: a use incidental and subordinate to the principal
use of the lot, structure or building and on the same lot;
(3) Use, by right: a use allowed in a particular zone district when
listed thereunder with no further conditions or approval required
other than the general terms and stipulations of this Resolution.
(4) Use, conditional: a use allowed in a particular zone district
when listed thereunder provided that all requirements under the
applicable Zone District Regulations and Supplementary Regulations
are observed.
(5) Use, special: uses allowed by permit only; which permit may be
granted or denied. If granted, certain conditions and performance
standards must be complied with.
Water Impoundments: Shall include impoundments of water including
surface runoff, streamflow, extracted ground water and water as a
by-product of extraction or processing of mineral resources, energy
generation or agricultural, municipal or industrial water supply
or sewage treatment installation with a surface area of one acre or
more or a number of smaller impoundments on one lot with an aggregate
surface area of one acre or more.
Yard: An open space on the lot (other than an interior court)
unobstructed from the ground upward, except as otherwise provided
in this Resolution:
(1) Yard, front: a yard extending the full width of the lot, the
depth of which shall be measured in the shortest horizontal distance
between the front lot line and the nearest wall of the principal
building; such distance to be known as the front yard setback;
(2) Yard, rear: a yard extending the full width of the lot, the
depth of which shall be measured in the shortest horizontal distance
between the rear lot line and the nearest wall of the principal
building; such distance to be known as the rear yard setback;
(3) Yard, side: a yard extending from the front yard to the rear
yard, the width of which shall be measured in the shortest
horizontal distance between the side lot line and the nearest wall
of the principal building; such distance to be known as the side
yard setback.
Resource Lands District Definitions:
(1) Plateau: the rolling lands of the higher elevation in the area
2.02.51
•
2.02.52
•02.53
- 10 -
and generally found above the escarpment.
(2) Escarpment: includes the fixed bedrock forming vertical or near
vertical parts of the canyon walls.
(3) Talus slopes: loose deposits of rock debris accumulated at the
base of a cliff or slope.
(4) Gentle slopes and lower valley floor: colluvial and alluvial
soil at the base of talus slopes in the lower valley floor.
3.00 ZONE DISTRICT REGULATIONS
The districts shall be governed in conformity with the following
regulations:
3.01 A / I -- AGRICULTURAL / INDUSTRIAL
3.01.01 Uses, by right: Agricultural including farm, garden, greenhouse,
nursery, orchard, ranch, small animal farm for production of poultry,
fish, fur -bearing and other small animals and customary accessory uses
including buildings for shelter and enclosure of persons, animals or
property employed in any of the above uses, retail establishment
for sale of goods processed from raw materials produced on the lot;
Kennel, riding stable and veterinary clinic, guiding and outfitting;
Single-family dwelling and customary accessory uses only where it is
accessory to the uses listed above.
3.01.02 Uses, conditional: Aircraft landing strip, airport -utility, salvage
yard and sanitary land -fill; mobile home as accessory use to ranch
or farm operations.
Site for extraction and processing of natural resources;
Plant for fabrication of goods from processed natural resources;
Storage, water impoundments.
3.01.03 Uses, special: Single-family dwelling, camper park, mobile home as
principal use of the lot;
Airport - air carrier.
3.01.04 Minimum Lot Area: 2 acres.
3.01.05 Maximum Lot Coverage: 15 percent.
3.01.06 Minimum Setback:
(1) Front yard: orart 501al 0 feetstreets:
front lotfeet
line, whichevercenterline
is greater;
• local streets: 50 feet from street centerline
or 25 feet from front lot line, whichever is
greater;
(2) Rear yard: 25 feet from rear lot line;
(3) Side yard: 10 feet from side lot line, or 2 the building
height, whichever is greater.
3.01.07 Maximum Hei•ht of Buildin•s: 40 feet.
3.01.08 Additional Requirements: All uses shall be subject to the provisions
of Section 4.00.
3.02 A / R / RD -- AGRICULTURAL / RESIDENTIAL / RURAL DENSITY
3.02.01 Uses, by right: Agricultural including farm, garden, greenhouse,
nursery, orchard, ranch, small animal farm for production of poultry,
fish, fur-bearing or other small animals and customary accessory uses
including buildings for shelter or enclosure of persons, animals, or
property employed in any of the above uses, retail establishment for
sale of goods processed from raw materials produced on the lot;
Kennel, riding stable and veterinary clinic, guiding and outfitting,
and park,
•Single—family dwelling and customary accessory uses.
3.02.02 Uses, conditional: Aircraft landing strip, church, community buildings,
day nursery and school; mobile home as accessory use to ranch or
farm operations.
Studio for conduct of arts and crafts, water impoundments.
3.02.03 Uses, special: Airport utility, feedlot as principal use of the lot;
Two-family dwelling, mobile home as principal use of the lot, camper
park, ski lift and trails.
Site for extraction and processing of natural resources.
3.02.04 Minimum Lot Area: 2 acres.
3.02.05 Maximum Lot Coverage: 15 percent.
3.02.06 , Minimum Setback:
(1) Front yard: arort50ial feettfroms: 75 front lottfrom stret line, whichevernisrline
greater;
• local streets: 50 feet from street centerline or
25 feet from front lot line, whichever is greater;
- 12 -
(2) Rear yard: 25 feet from rear lot line;
(3) Side yard: 10 feet from side lot line, or % the height of the
principal building, whichever is greater.
3.02.07 Maximum Height of Buildings: 25 feet.
3.02.08 Additional Requirements: All uses,shall be subject to the provisions
under Section 4.00.
3.03 A / R / C -- AGRICULTURAL / RESIDENTIAL / CLUSTER
3.03.01 Uses, by right: Agr cultural including farm, garden, greenhouse, nursery,
orchard, ranch, small animal for production of poultry, fish, fur -bearing
or other small animals and customary accessory uses including buildings
for shelter or enclosure of persons, animals or property employed in any
of the above uses, retail establishment for sale of goods produced on the
lot;
Kennel, riding stable, veterinary clinic; park.
3.03.02 Uses, conditional: Any use by right or conditional of the Residential /
Limited / Suburban Density zone district provided:
(1) The maximum number of single-family dwellings permitted in any
ARC district shall not exceed one for each 2 acres of land having a
slope of 50 percent or less;
(2) All single-family dwellings are located in a subdivision approved
by the County Commissioners wherein the platted lots, streets and other
developed land shall occupy no more than 50 percent of the total land
area in the ARC district;
(3) At least 50 percent of the land in the ARC district shall be
indicated as Greenbelt on all zone district maps and plats of the ARC
district and shall be used only as provided herein;
(4) The subdivision portion of the ARC district shall be indicated as
Residential / Limited / Suburban Density on all Zone District Maps and
shall be used in conformance with provisions of the Zone District
regulations and other applicable regulations provided herein.
Any use by right or conditional of the Residential / General / Suburban
Density zone district provided:
(1) The maximum number of dwelling units permitted in any ARC district
shall not exceed one single-family or two-family dwelling or a multiple -
family unit not to exceed four (4) dwelling units for each two (2) acres
of land having a slope of 50 percent or less;
(2) All dwellings are located in a subdivision wherein the platted lots,
streets and other developed land shall occupy no more than 33 percent of
the land area in the ARC district;
- 13 -
(3) At least 67 percent of the ARC district shall be indicated as Greenbelt
on all Zone District Maps and plats of the ARC district and shall be used
only as provided herein;
(4) The subdivision portion of the ARC district shall be indicated as
Residential / General / Suburban Density on all Zone District Maps and shall
be used in conformance with provisions of the Zone District regulation and
other applicable regulations provided herein.
3.03.03 Setback and Height: Regulations of the Agricultural / Residential / Rural
Density zone district shall apply to all buildings and structures accessory
to the permitted use of the Greenbelt portion of an ARC zone district.
3.04 R / L / SD -- RESIDENTIAL / LIMITED / SUBURBAN DENSITY
3.04.01 Uses, by right: Single-family dwelling and customary accessory uses includ-
ing buildings for shelter or enclosure of animals or property accessory to
use of the lot for single-family residential purposes and fences, hedges,
gardens, walls and similar landscape features; park.
3.04.02 Uses, conditional: Church, community building, day nursery and school.
3.04.03 Uses, special: Two-family dwelling, row house, mobile home as principal use
of the lot, studio for conduct of arts and crafts, water impoundments.
3.04.04 Minimum Lot Area: 20,000 square feet and as further provided under
• Supplementary Regulations.
3.04.05 Maximum Lot Coverage: 25 percent.
3.04,06 Minimum Setback:
(1) Front yard: arterial streets: 75 feet from street centerline or 50
feet from front lot line, whichever is greater;
local streets: 50 feet from street centerline or 25 feet
from front lot line, whichever is greater;
(2) Rear yard: 25 feet from rear lot line;
(3) Side yard: 10 feet from side lot line or 11. the height of the principal
building, whichever is greater.
3.04.07 Maximum Height of Buildings: 25 feet.
3.04.08 Maximum Floor Area Ratio: 0.100 / 1.0 and as further provided under
S-upplementary Regulations.
3.04.09 Additional Requirements: All uses shall be subject to the provisions under
Section 4.00.
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3.05 R / L / UD -- RESIDENTIAL / LIMITED / URBAN DENSITY
3.05.01 Uses, by right: Single-family dwelling and customary accessory uses includ-
ing buildings for shelter or enclosure of animals or property accessory to
use of the lot for single-family residential purposes and fences, hedges,
gardens, walls and similar landscape features; park.
3.05.02 Uses, conditional: Church, community building, day nursery and school;
Row house.
3.05.03 Uses, special: Two-family dwelling, mobile home as principal use of the lot,
studio for conduct of arts and crafts, water impoundments.
3.05.04 Minimum Lot Area: 7500 square feet and as further provided under Supple-
mentary Regulations.
3.05.05 Maximum Lot Coverage: 35 percent.
3.05.06 Minimum Setback:
(1) Front yard: arterial streets: 75 feet from street centerline or 50
feet from front lot line, whichever is greater;
local streets: 50 feet from street centerline or 25 feet
from front lot line, whichever is greater;
(2) Rear yard: 25 feet from rear lot line;
(3) Side yard: 10 feet from side lot line or 2 the height of the principal
building, whichever is greater.
3.05.07 Maximum Height of Buildings: 25 feet.
3.05.08 ,Maximum Floor Area Ratio: 0.25 / 1.0 and as further provided under Supple-
mentary Regulations.
3.05.09 Additional Requirements: All uses shall be subject to the provisions under
Section 4.00.
3.06 R / G / SQ -- RESIDENTIAL / GENERAL / SUBURBAN DENSITY
3.06.01 Uses, by right: Single-family, two-family, and multiple -family dwellings,
boarding and rooming house and customary accessory uses including buildings
for shelter or enclosure of animals or property accessory to use of the lot
for residential purposes and fences, hedges, gardens, walls and similar
landscape features; park.
3.06.02 Uses, conditional: Row house; studio for conduct of arts and crafts;
Church, community building, day nursery and school.
- 15 -
•.03 Uses, special: Mobile home as principal use of the lot, mobile home park,
water impoundments.
3.06.04 Minimum Lot Area: 20,000 square feet and as further provided under Supple-
mentary Regulations.
3.06.05 Maximum Lot Coverage: 35 percent.
3.06.06 Minimum Setback:
(l )
Front yard: arterial streets: 75 feet from street centerline or 50
feet from front lot line, whichever is greater;
local streets: 50 feet from street centerline or 25 feet
from front lot line, whichever is greater;
(2) Rear yard: 25 feet from rear lot line;
(3) Side yard: 10 feet from side lot line or % the height of the principal
building, whichever is greater.
3.06.07 Maximum Height of Buildings: 25 feet.
3.06.08 Maximum Floor Area Ratio:
mentary Regulations.
•6.09 Additional Requirements:
Section 4.00.
0.25 / 1.0 and as further provided under Supple -
All uses shall be subject to the provisions under
3.07 R / G / UD -- RESIDENTIAL / GENERAL / URBAN DENSITY
3.07.01 Uses, by right: Single-family, two-family and multiple -family dwelling,
boarding and rooming house and customary accessory uses including building
for shelter or enclosure of animals or property accessory to use of the lot
for residential purposes and fences, hedges, gardens, walls and similar
landscape features; park.
3.07.02 Uses, conditional: Row house; studio for conduct of arts and crafts;
Church, community building, day nursery and school.
3.07.03 Uses, special: Mobile home as principal use of the lot, mobile home park;
Restaurant or retail establishment accessory to principal use of the lot
for multiple -family residential purposes;
Water impoundments.
3.07.04 Minimum Lot Area: 7500 square feet and as further provided under Supple-
mentary Regulations.
.07.05 Maximum Lot Coverage: 50 percent.
- 16 -
3.07.06 Minimum Setback:
(1) Front yard: arterial streets: 75 feet from street centerline or 50
feet from front lot line, whichever is greater;
local streets: 50 feet from street centerline or 25 feet
from lot line, whichever is greater;
(2) Rear yard: 25 feet from rear lot line;
(3) Side yard: 10 feet from side lot line or 3, the height of the principal
building, whichever is greater.
3.07.07 Maximum Height of Buildings: 25 feet.
3.07.08 Maximum Floor Area Ratio: 0.50 / 1.0 and as further provided under Supple-
mentary Regulations.
3.07.09 Additional Requirements: All uses shall be subject to the provisions under
Section 4.00.
3.08 C / L -- COMMERCIAL / LIMITED
3.08.01 Uses, by right: Single-family, two-family and multiple -family dwelling,
boarding and rooming house and customary accessory uses including building
for shelter or enclosure of animals or property accessory to use of the
lot for residential purposes and fences, hedges, gardens, walls and similar
landscape features; park;
Church, community building, day nursery and school; auditorium, public build-
ing for administration, fraternal lodge, art gallery, museum, library;
Hospital, clinic, nursing or convalescent home;
Office for conduct of business or profession, studio for conduct of arts
and crafts provided all activity is conducted within a building;
Commercial establishments as listed below provided the following requirements
are observed:
(1) All fabrication, service and repair operations are conducted within a
building;
(2) All storage of materials shall be within a building or obscured by a
fence;
(3) All loading and unloading of vehicles is conducted on private property;
(4) No dust, noise, glare or vibration is projected beyond the lot;
Wholesale and retail establishment including sale of food, beverages, dry -
goods, furniture, appliances, automotive and vehicular equipment, hardware,
clothing, mobile homes, building materials, feed, garden supply and plant
materials;
- 17 -
•
•
•
• Personal service establishment including bank, barber or beauty shop;
laundromat, laundry or dry-cleaning plant serving individuals only; mortuary,
photo studio, shoe repair, tailorshop, restaurant, reading room, private club,
theater and indoor recreation;
General service establishment including repair
vehicular equipment, vehicular rental, service
for blacksmith, cabinetry, glazing, machining,
ing, sheet metal and contractor's yard.
3.08.02 Uses, conditional: Mobile home as principal use of the lot, mobile home park,
row house;
Parking lot or garage as principal use of the lot.
3.08.03 Uses, special: Automotive service station or washing facility; camper park;
Any use listed under by right or conditional above use principally as a drive-
in establishment where the customer receives goods or services while occupying
a vehicle; water impoundments.
3.08.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary
Regulations.
Maximum Lot Coverage: 50 percent.
Minimum Setback:
(1) Front yard: arterial streets: 75 feet from street centerline or 50 feet
from front lot line, whichever is greater;
local streets: 50 feet from street centerline or 25 feet
from front lot line, whichever is greater;
(2) Rear yard: 25 feet from rear lot line for lot occupied by residential
uses; 7.5 feet for lots with no residential occupancy;
Side yard: 10 feet from side lot line or 2 the height of the principal
building, whichever is greater.
Maximum Height of Buildings: 25 feet.
Maximum Floor Area Ratio: 0.50 / 1.0 and as further provided under Supple-
mentary Regulations.
Additional Requirements: All uses shall be subject to the provisions under
Section 4.00.
and service of automotive and
and repair of appliance, shop
printing, publishing, plumb -
•.05
3.08.06
3.08.07
3.08.08
3.08.09
(3)
.09 C / G -- COMMERCIAL / GENERAL
3.09.01 Uses, by right: Any use, by right of the CL district subject to all condi-
tions listed thereunder plus the following uses:
- 18 -
General service establishment including lumber yard, motor freight depot and
storage.
3.09.02 Uses, conditional: Any conditional use of the CL district subject to all
conditions listed thereunder plus the following uses:
Plant for fabrication of goods from processed natural resources.
3.09.03 Uses, special: Any special use of the CL district subject to all conditions
listed thereunder plus the following uses:
Plant for processing natural resources and agricultural materials limited
to food and beverages;
Salvage yard, water impoundments, automobile race track and material
handling.
3.09.04 Minimum Lot Area: 7500 square feet and as further provided under
Supplementary Regulations.
3.09.05 Maximum Lot Coverage: 50 percent.
3.09.06 Minimum Setback:
(1) Front yard: arterial streets: 75 feet from street centerline or
50 feet from front lot line, whichever is greater;
local streets: 50 feet from street centerline or
25 feet from front lot line, whichever is greater;
(2) Rear yard: 25 feet from rear lot line for lots occupied by
residential uses; 7.5 feet for lots with no
residential occupancy;
(3) Side Yard: 10 feet from side lot line or 11 the height of the
principal building, whichever is greater.
3.09.07 Maximum Height of Building: 35 feet.
3.09.08 Maximum Floor Area Ratio: 0.50 / 1.0 and.as further provided under
Supplementary Regulations.
3.09.09 Additional Requirements: All uses shall be subject to the provisions
under Section 4.00.
•
•
3.10 0 / S -- OPEN / SPACE
The Open / Space district shall include all land owned by the U. S. Government
or the State of Colorado in the unincorporated area of Garfield County, and
not included in any other zone district; uses in this district shall be
limited only in respect to the following which shall be regulated as Special
Uses by the County Commissioners:
- 19 -
•.O1 Uses, special: Extraction, processing, fabrication and storage of
natural resources and agricultural materials;
Water impoundments; sanitary land -fill; aircraft landing strip.
3.11 R / L -- RESOURCE / LANDS
The Resource / Lands district shall be subclassified into the
following zones:
(1) Plateau
(2) Escarpment
(3) Talus slopes
(4) Gentle slopes and lower valley floor
3.11.01 Plateau
Uses, by right: Ranching, farming and general agriculture, guiding and
outfitting, accessory uses and structures related to agriculture;
Single-family dwelling units related to an individual ranch or farmstead.
Uses, conditional; allowed by permit only: Extraction, processing,
fabrication, storage area, salvage yard, sanitary land -fill, water
• impoundments, mineral waste disposal area, access routes, utility
lines, pipelines, warehouse facilities / staging areas, and accessory
uses to the above.
Uses, special; allowed by permit only: Airport - air carrier, commercial
recreational uses.
Minimum Lot Area; for dwelling units: 35 acres.
Required Setback: All structures shall be located at least 100 feet
from any property line.
Additional Requirements: All uses shall be subject to the provisions
under Section 4.00.
3.11.02 Escarpment
Uses, by right: Ranching, farming, and general agriculture; guiding
and outfitting.
Uses, conditional; allowed by permit only: Extraction, processing,
access routes, utility lines, pipelines, water impoundments, warehouse
facilities / staging areas, and accessory uses to the above.
Uses, special; allowed by permit only: Mineral waste disposal areas.
• Additional Requirements: All uses shall be subject to the provisions
under Section 4.00.
-20-
3.11.03 Talus Slopes
Uses, by right: Ranching, farming and general agriculture; guiding
and outfitting.
Uses, conditional; allowed by permit only; Extraction, processing,
access routes, utility lines, pipelines, water impoundments, warehouse
facilities / staging areas, and accessory uses to the above.
Uses, special; allowed by permit only: Mineral waste disposal areas.
Additional Requirements: All uses shall be subject to the provisions
under Section 4.00.
3.11.04 Gentle slopes and lower valley floor
Uses, by right: Ranching, farming and general agriculture, accessory
uses and structures related to agriculture; guiding and outfitting.
Single—family dwelling units and customary accessory uses;
Kennel, riding stable and veterinary clinic;
Retail establishment for sale of goods processed from raw materials
produced on the lot.
Uses, conditional; allowed by permit only: Industrial support facilities
which would include: material handling, pumping facilities, electrical
distribution warehouse facilities / staging areas, fabrication areas,
storage areas, water impoundments, access routes, utility lines, pipelines;
extraction, processing, accessory uses to the above; mobile home as
accessory use to ranch or farm operations.
Church, community building; day nursery and school; studio for conduct
of arts and crafts.
Uses, special; allowed by permit only: Airport - utility, feedlot as
principal use of the lot, camper park, hunting lodge; mineral waste
disposal areas.
Minimum Lot Area: 2 acres.
Maximum Residential Lot Coverage: 15 percent.
Required Setback, residentially:
(1)
Front yard: arterial streets: 100 feet from street centerline
or 75 feet from front lot line, whichever is greater;
local streets: 75 feet from street centerline or
50 feet from front lot line, whichever is greater;
- 21 -
•
•
(2) Rear yard: 125 feet;
(3) Side yard: 100 feet from side lot line or 2 the height of
the principal building, whichever is greater.
Required Setback, industrially: 100 feet from any property line.
Maximum Height of Residential Building: (not related to agriculture)
25 feet.
Additional Requirements: All uses shall be subject to the provisions
under Section 4.00.
•
-22-
•
22
•
4.00 SUPPLEMENTARY REGULATIONS
In addition to regulations contained elsewhere in this Resolution, the
use of land and buildings shall be governed by the following:
4.01 SUPPLEMENTARY USE REGULATIONS
4.01.01 Utility Transmission: Nothing in these regulations shall be construed to
prohibit construction or installation of a public utility use or structure
necessary for transmission of commodities or services of a utility company,
including mains or distribution lines, substations or exchanges in any
zone district. Storage, maintenance facilities and business offices shall
be restricted to their appropriate zone district. Location of power trans-
mission lines with a capacity of 100 KV or over shall be subject to review
by the Planning Commission and approved by the County Commissioners.
4.01.02 Minimum Off -Street Parking: Parking spaces shall be provided for each use
in the following amounts:
(1) Residential (except group quarters) - 1 space per 600 square feet of
floor area or 1 space per dwelling unit, whichever is greater; each sepa-
rately rentable room or group of rooms shall be considered a dwelling unit;
(2) Residential - group quarters - 1 space per bed;
(3) Retail and service commercial - 1 space per 200 square feet of floor
area (except storage area);
(4) Auditorium and public assembly - 1 space per 100 square feet of floor
area used for seating or assembly;
(5) Public and health facilities (except auditorium and public assembly) -
1 space per 200 square feet of floor area (except storage area);
(6) Ski facilities - 1 space per 4 persons of hourly base lift capacity;
(7) Where a lot is occupied by a combination of the above listed uses,
the minimum off-street parking requirement shall equal the sum of the
requirement for all included uses on the lot.
4.01.03 Signs: In all residential districts, a sign identifying residential
use of a lot may be located on the lot; such signs shall be limited to one
per principal use and shall not exceed one square foot in area for each
dwelling unit up to a maximum of eight square feet. A sign identifying an
accessory commercial use in a residential district shall not exceed twelve
square feet in area, and shall be limited to one sign per accessory use.
In any commercial or industrial district, signs identifying the use of the
premises may be located on the lot. Nothing in this Resolution shall be
construed to prevent location of a temporary sign in any district advertis-
ing sale or lease of the premises, provided such sign does not exceed twelve
square feet in area.
-23-
•
•
1 01.04 Buildings: A conventional, modular or prefabricated building may be located
in any zone district where buildings are permitted. A mobile home building
shall be located only in those zone districts where specifically permitted under
Zone District Regulations.
4.01.05 Frontage: Each lot in separate ownership, unless otherwise provided for
under Planned Development district shall have at least 25 lineal feet of
frontage on a street right-of-way, either dedicated to the public or to a
private association or on a private road and reserved in perpetuity through
private agreement to provide access to the lot. Each building devoted wholly
or in part to residential use shall front on a street or road as described
above except when two or more such buildings are located on one lot and the
required frontage for each building cannot be provided due to the shape of
the lot, those buildings lacking street or road frontage shall front on a
dedicated driveway easement at least 25 feet in width and maintained in an
unobstructed condition.
4.01.06 Greenbelt: Land designated as greenbelt through dedication or reservation
as such for any reason shall be indicated as such on appropriate zone dis-
trict map. Such land shall be maintained in conformance with the Definition
section of this Resolution or in conformance with any condition for granting
of an Agricultural / Residential / Cluster including designation as a park
or other open recreation use; land designated as greenbelt may be leased for
operation, transferred to a different ownership or otherwise changed in owner-
ship but it shall not be used for residential, commercial, industrial or any
other urban or suburban purposes unless provided for by the County Commis-
sioners following procedures for amendment to this Resolution.
•
- 24 -
4.02 MOBILE HOME PARK AND CAMPER REGULATION
4.02.01 Existing Park: Subsequent to the effective date of this Resolution, all •
existing mobile home and camper parks shall be inspected by the Environ-
mental Health Officer and the Building Official to determine if any hazard
to health, safety or welfare exists. Existence of any such hazardous condition
shall be reported to the park owner and a reasonable time period shall be
established for correction of said condition. Failure on the part of the park
owner to correct said hazardous condition within the established time period
shall be deemed a violation of this Resolution and other applicable county
and state regulations.
4.02.02 New Park or Addition to an Existing Park: Each new park or addition to an
existing park shall conform to all provisions of this Resolution.
4.02.03 Application: An application shall be filed in triplicate with the County
Commissioners for establishment of a mobile home park or addition to an
existing park subsequent to the effective date of this Resolution.
(1) Name and address of the person who shall own the park
(2) Location and legal description of the park;
(3) Site plan of the park;
(4) Plans and specifications for all improvements to be constructed within
said park
(5) Such further information as may be required by the County Commissioners •
to enable it to determine if the proposed park or addition will comply with
requirements of this Resolution and other applicable codes and regulations.
4.02.04 Procedure: The County Commissioners shall forward one copy of the application
to the Environmental Health Officer and the Building Official and one copy to
the County Planning Commission for their review and comment. The Environmental
Health Officer shall be responsible for review of plans for water supply and
distribution, fire protection, sewage disposal, electrical distribution, and
refuse handling; utilizing the services of other county, special district or
State of Colorado personnel as required. The County Planning Commission
shall have a period of sixty (60) days, unless an extension of time is mutually
agreed to by the applicant and the Commissioners, to review the application.
If the proposed park or addition to an existing park will, when constructed,
be in compliance with all provisions of this Resolution and other applicable
county and state regulations, the application shall be approved by the County
Commissioners.
4.02.05 Site Plan for Mobile Home Park and Camper Park; general requirements:
(1) Access; the park shall have access to a public street or highway.;
(2) Drainage; the park shall be located on a well -drained site, graded for
rapid drainage and free from stagnant pools of water;
(3) Layout; the applicant shall also show on the plan all entrances and
- 25 -
•
exits to the park, driveways and walkways and the design and arrangement
• of all mobile home spaces, camper spaces, and any included service build-
ings. Commercial facilities included or proposed as part of a park shall
be principally devoted to serving occupants of said park.
4.02.06 Mobile Home Park Only:
(1) Area: The minimum size of mobile home parks shall be two (2) acres;
(2) Setback: Minimum setback requirements of the applicable zone district
regulations shall be observed on the periphery of the park. The Board of
County Commissioners may require provisions for park area within a mobile
home park with such requirements based on the number of spaces, density of
development and availability of public park or playground area;
(3) Mobile Home Spaces: Each mobile home space shall contain at least
3,000 square feet of area exclusive of driveways and further provided that
a floor area ratio of 0.25 / 1.0 shall be observed; the mobile home and
appurtenant structures shall cover no more than 25 percent of the space
upon which it is located. The minimum space between any two mobile homes or
appurtenances thereto shall be twelve feet. The area of placement for the
mobile home shall be graded for drainage and improved to prevent shifting
or settling of the mobile home. In areas subject to gusting winds, anchors
or tie -downs shall be provided as necessary to prevent overturning of mobile
homes. Each mobile home space shall provide graveled or paved parking
space for two (2) automobiles;
• (4) Driveways and Walkways: All mobile home spaces shall abut upon a drive-
way graded for drainage and maintained in a rut and dust -free condition
and which provides unobstructed access to a public street or highway; the
minimum unobstructed width of such driveways shall be twenty-five (25)
feet; and additional eight (8) feet of width shall be constructed for each
parallel parking lane adjacent thereto, or twenty (20) feet for perpendicular
or angle parking adjacent thereto. All driveways and walkways within the
park shall be sufficiently illuminated to insure safety for park residents.
Walkways not less than two (2) feet wide shall be provided along drives
as required for safety and convenience of inhabitants.
4.02.07 Camper Park Only:
(1) Setback: Minimum setback requirements of the applicable zone district
regulation shall be observed on the periphery of.the park;
(2) Camper Spaces:
(a) The area devoted to each camper space designed for tent camping
shall be adequate to accommodate the following facilities and meet spatial
requirements. Each space shall be provided with a fireplace or fire circle,
a picnic table and a well -drained, reasonable level tent site. The minimum
on -center distance between tent sites shall be twenty (20) feet. Each space
shall provide a graveled parking space. Adequate traffic barriers shall be
• provided to confine vehicles to driveways and parking spaces;
(b) The area devoted to each camper space designed for camper vehicles
or trailers shall be adequate to accommodate the following facilities and
meet spatial requirements. Each space shall be provided with a graveled
vehicle and trailer parking space of length and width to accommodate the type
of camper or trailer by which the space is intended to be occupied. Fireplaces,
-26-
(2) Individual Water -riser Pipes and Connections:
ise
(a) Water -Fr pipes shall exit least four inches ebove ground
elevation unless recessed in a box or sleeve. The pipe shall be at least
three-quarter inch. The water outlet shall be capped when a mobile home
does not occupy the lot;
(b) Adequate provisions shall be made to prevent freezing of main
service lines, valves and riser pipes and to protect risers from heaving
and thawing actions of ground during freezing weather. Surface drainage
shall be diverted from the location of the riser pipes;
(c) A shut-off valve below the frost line shall be provided near the
water -riser pipe on each mobile home lot.
4.02.10 Camper Park Only:
(1) Source of Supply: The water supply shall be capable of supplying
fifty (50; gal ons per space per day for all spaces lacking individual
water connections and ahundred (100) gallons per space per day for all
spaces provided with individual water connections;
(2) Individual Water Connections: If facilities for individual water
service connections are prctvi e the folowing requirements shall apply:
(a) Riser pipes provided for individual water service connections
shall he so located and constructed that they will not be damaged by the
parking of travel trailers or campers;
(b) Water -riser pipes shall extend at least four (4) inches above
ground elevation unless recessed in a box or sleeve. The pipe size shall
be three-quarter inch;
(c) Adequate provisions shall be made to prevent freezing of main
service lines, valves and riser pipes;
(d) Valves shall be provided near the outlet of each water service
connection. They shall be turned off and the outlets capped or plugged
when not in use;
(3) Watering Stations:
(a) Each camper vehicle or trailer parking area shall be provided
with one or more easily accessible watering stations for filling water
storage tanks. Such water supply outlets shall consist of at least a water
hydrant and the necessary appurtenances and shall be protected against the
hazards of backflow and back siphonage;
(b) Each tent camping area shall be provided with one individual water-
ing station for each four (4) spaces; such station to be constructed similar
to individual water service connections as provided under 5.03.03, except that
riser height shall be thirty (30) inches and a splash pad shall be installed
around the base.
4.02.11 Fire Protection; general requirements: Provisions shall be made for giving
a iarm n case of fire. It shall be the responsibility of the duly authorized
attendant or caretaker to inform all tenants about means for summoning fire
apparatus, sheriff's department and park employees. No open fires shall be
left unattended at any time.
(1) Portable Fire Appliances:
(a) Approved facilities shall be provided for fighting fires in ordinary.
combustible materials (Class A), readily accessible to all park occupants, in '�
readily visible locations. Such facilities shall consist of a hose of a type
usable in all weather, permanently attached or in cabinets immediately
adjacent to the hose connection so located that any part of any mobile home,
- 2 8 -
travel trailer, or camper vehicle can be reached with a garden hose scream;
• (b) One or more approved extinguishers of a type suitable for flam-
mable liquid or electrical fires (Class B and Class C), carbon dioxide or
dry chemical, shall be located either in an open station so that it will not
be necessary to travel more than a hundred (100) feet to reach the nearest
extinguisher, or inside each mobile home and camper at the owner's respon-
sibility and verified by the park operator;
(c) Appropriate arrangements shall be made to prevent freezing of fire
fighting equipment.
4.02.12 Mobile Home mark Only:
(1) Fixed Installations: Water supply facilities for fire department
operations s'h rbe provided to consist of one or more of the following,
so arranged as to permit the operation of a minimum of two 1' inch hose
streams on any fire in a mobile home or elsewhere in the mobile home court.
Water supply and associated facilities s''eall be sufficient to provide a
delivery of at least 75 gallons per minute at each of two nczzels, held
four feet above the ground, at a flowing pressure of at least 30 pounds
per square inch at the highest point in the court. The utilization of
available fire fighting equipment may be assumed in determining compliance
with these minimums:
(a) A public water supply system with hydrants located within a
five hundred (500) foot radius of all mobile home spaces;
(b) An approved private system with hydrants connected to domestic
• water supply, so arranged as to provide protection equivalent to Paragraph 1;
(c) An approved suction supply or supplies each of not less than
three thousand (3000) gallons suitable for fire department pumper drafting,
so located that each trailer site will be within a five hundred (500) foot
radius of a supply point;
(d) Where fire departments are equipped with tank trucks for water
supply, and such trucks are so located that in case of fire they can respond
as soon as fire fighting personnel, they may be accepted in lieu of a fixed
water supply by permission of the Guiding Official.
4,02.13 Sewage Disposal; general requirements: An adequate sewage system shall
be provl`sedT i n each mobile home park and camper park for the purpose of
conveying and disposing of all sewage. Such system shall be designed,
constructed and maintained in accordance with state and local laws.
(1) Sewer Lines: All sewer lines shall be located in trenches of sufficient
depth—to be free of breakage from traffic or other movements and shall main-
tain a minimum horizontal separation of ten (10) feet from all domestic
water lines. Sewers shall be at a grade which will insure a velocity of
two (2) feet per second when flowing full. All sewer lines shall be con-
structed of materials accepted by state or local laws and shall meet design
criteria of the Colorado Department of Health;
(2) Sewage Treatment and/or Discharge: Where the sewer lines of the nark
are not connected to a public sewer, all proposed sewage disposal facilities
• shall be approved by the Environmental Health Officer prior to construction.
Effluents from sewage treatment facilities shall not be discharged into any
waters of the State except with prior approval of the Colorado Department of
Health.
-29-
4.02.14 Mobile Home Park Only:
(1) Individual Sewer Conectior:s: Each mobile home stand shall be pro-
vided wit at east a our incidiameter sewer riser pipe. The sewer
riser pipe shall be so located on each stand that the sewer connection
to the mobile home system outlet will approximate a vertical position;
(a) The sewer connection shall have a nominal inside diameter of at
least three (3) inches and the slope of any portion thereof shall be at least
one-eighth (1/8) inch per foot. The sewer connection shall consist of one
pipe line only with no more than one stand served by one individual sewer
connection. Underground branch fittings of four (4) inch lines shall not
he permitted. All .joints shall be watertight;
(b) All materials used for sewer connections shall be rigid or semi-
rigid, corrosive resistant, nonabsorbent and durable. The inner surface
shall be smooth;
(c) Prov Psion shall be made for plugging the sewer riser pipe when
a mobile home does not occupy the lot. Surface drainage shall be diverted
away from the riser. The rim of the riser pipe shall extend at least four
(4) inches above ground elevation unless such riser pipe is protected with-
in a recessed box or sleeve.
4.02.15 Camper Park Only:
(1) Individual Sewer Connections: If facilities for individual sewer con--
nections are prove e�-e- TETT wing requirements shall apply:
(a) The sewer riser pipe shall have at least a four (4) inch diameter,
shall be trapped below the ground surface and shall be so located on the
trailer space that the sewer connection to the trailer system will approx-
imate a vertical position;
(b) The sewer connection shall have a nominal inside diameter of at
least three (3) inches, and the slope of any portion thereof shall be at
least one-eighth (1/8) inch per foot. All joints shall be watertight;
(c) All materials used for sewer connections shall be corrosive resis-
tant, nonabsorbent and durable. The inner surface shall be smooth;
(d) Provision shall be made for plugging the sewer riser pipe when
a trailer does not occupy the space. Surface drainage shall be diverted
away from the riser;
(2) Sink Wastes: No liquid wastes from sinks shall be charged onto or
allowe to accumulate on the ground surface;
(3) Sewage Treatment and/or Discharge: Where the sewer lines of the travel
trailer parking area are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the County Environmental Health
Officer prior to construction. Effluents from sewage treatment facilities
shall not be discharged into any waters of the State except with prior approval
of the Colorado Department of Health.
4.02.16 Electrical Distribution and Communication Wiring: Each mobile home park
sEa11, and each camper par may contain an e ectrical distribution system,
consisting of wiring, fixtures, equipment and appurtenances thereto which
shall be installed and maintained in accordance with the USA Standard
"National Electrical Code, 1971" and all subsequent amendments thereto.
Telephone and cable TV systems may be installed and maintained;
A11 plans for the above services shall have the approval of the responsible
utility prior to county approval of park plans.
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4.02.17 Service Bui 1 dia; general requirements:
•
(1) The requirements of this Section shall apply to service buildings,
recreation buildings and other community service facilities such as;
(a) management offices, repair shops and storage areas;
(b) sanitary facilities;
(c) laundry facilities;
(d) indoor recreation areas;
(e) commercial uses supplying essential goods or services
for the exclusive use of park occupants
(2) Structural Requirements for Buildings:
(a) All portions of the structure shall be properly protected from
damage by ordinary uses and by decay, corrosion, termites and other
destructive elements. Exterior portions shall be of such materials
and be so constructed and protected as to prevent entrance or
penetration of moisture and weather;
(b) All rooms containing sanitary or laundry facilities shall: have
sound -resistant walls extending to the ceiling between mail and female
sanitary facilities. Walls and partitions around showers, bathtubs,
lavatories and other plumbing fixtures shall be constructed of dense,
non-absorbent waterproof material or covered with moisture resistant
material;
(c) Have at least one window or skylight facing directly to the
outdoors. The minimum aggregate gross area of windows for each
required room shall be not less than 10 percent of the floor area
served by them. Have at least one window which can be easily opened,
or a mechanical device which will adequately ventilate the room;
(d) Toilets shall be located in separate compartments equipped with
self-closing doors. Shower stalls shall be of the individual type.
The rooms shall be screened to prevent direct view of the interior
when the exterior doors are open;
(e) Illumination levels shall be maintained as follows: (a) general
seeing tasks - five (5) foot candles; (b) laundry room work area -
forty (40) footcandles; (c) toilet room in front of mirrors - forty (40)
footcandles;
(f) Hot and cold water shall be furnished to every lavatory, sink,
bathtub, shower and laundry fixture, and cold water shall be furnished
to every closet and urinal.
4.02.18 Camper Park On:
(1) Required Community Sanitary Facilities:
(a) A central service building containing the necessary toilet and
other plumbing fixtures specified shall be provided in camper vehicle or
trailer parking areas which provide parking spaces for dependent vehicles
- 31 -
or trailers and for tent camping areas. Service buildings shall be
conveniently located within a radius of approximately 300 feet to the
spaces to be served;
(b) Sanitary facilities for women shall include a minimum of one
flush toilet, one lavatory and one shower for each fifteen (15) spaces
or fractional number thereof;
(c) Sanitary facilities for men shall include a minimum of one flush
toilet, one urinal, one lavatory and one shower for each fifteen (15)
spaces or fractional number thereof;
(d) Where a camper park is designed for and exclusively limited to
use by self-contained camper vehicles or trailers, no public sanitary
facilities shall be required;
(e) When a camper park requiring a service building is operated in
connection with a resort or other business establishment, the number
of sanitary facilities for such business establishment shall be in
excess of those required by the schedule for camper spaces and shall
be based on the total number of persons using such facilities.
4.02.19 Supervision; general requirements:
(1) The duly authorized attendant or caretaker shall be in charge at
all times to keep the park, its facilities and equipment in a clean,
orderly and sanitary condition;
(2) The owner shall be answerable for the violation of any provision
of this Regulation and other applicable County and State Regulations.
Copies of Regulations shall be made available to the park residents
by the park manager or owner;
(3) Refuse Handling; the storage, collection and disposal of refuse in
mobile home parks and camper parks shall be so arranged as to create no
health hazards, rodent harborage, insect breeding areas, accident or
fire hazards, or air pollution. All refuse shall be disposed of at
either a municipal or County designated landfill site;
(4) Pest Control; grounds, buildings and structures shall be maintained.
free of insect and rodent harborage and infestation. Extermination
methods and other measures to control insects and rodents shall conform
with the requirements of the County Environmental Health Officer and
the Colorado State Department of Health;
(5) Pet Control; no owner or person in charge of any dog, cat or other
pet animal shall permit it to run at large or commit any nuisance within
the limits of any mobile home or camper park.
4.02.20 Camper Park Only:
(1) The principal business of the park shall be to provide parking spaces
for travel trailers, camper vehicles and/or tent camping. Permanent
occupancy in camper parks shall not be allowed;
(2) Travel trailers and camper vehicles accommodated shall not exceed
forty (40) feet in length and eight (8) feet in width.
32
4.03 CONDITIONAL AND SPECIAL USES:
• As listed under the Zone District Regulations, shall conform to all
requirements listed ;:hereunder and elsewhere in this Resolution plus
the following requirements:
(1) Utilities adequate to provide water and sanitation service
based on accepted engineering standards and approved by the
Environmental Health Officer and the Colorado State Department
of Health are either in place or to be constructed in conjunction
with the proposed use;
(2) Street improvements adequate to accommodate traffic volume
generated by the proposed use and to provide safe, convenient
access to the use are either in place or to be constructed in
conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact
on and from adjacent uses of land through installation of screen
fences or landscape materials on the periphery of the lot and by
location of intensively utilized areas, access points, lighting
and signs in such a manner as to protect established neighborhood
character;
Additional specific requirements for certain uses as follows:
•#.03.+01 (A) Mobile Horne as Principal Use of the Lot; provided:
A mobile home shall be allowed as the principal use of a lot as a
special use in A/R/RD and A!I zones provided:
(1) The mobile home has a minimum of seven hundred twenty (720)
square feet of floor area;
(2) The mobile home is placed on a permanent concrete or
masonry footer, with seven (7) foot centers between
blocking, the wheels and axles removed and it appears
on the real property tax rolls of the County;
(3) The mobile home shall be skirted, with no storage allowed
underneath or outside the structure. The Building Official
may require tie-downs in locations subject to high winds;
(4) The lot on which the mobile home is to be placed shall be
posted with a Notice of Intent, thirty (30) days prior to
the public hearing;
(5) Notice shall be sent to the land owners within two hundred
(200) feet of the lot on which the mobile home is to be
located thirty (30) days prior to the public hearing by
certified receipt mail. The receipts shall be given to the
• Building Official five (5) days prior to the hearing and
shall be advertised in a newspaper of general circulation
at least two times 15 days prior to hearing;
4.03.01 (B) Mobile Home as an Accessory Use to a Working Farm or Ranch Operation
A mobile home shall be allowed as an accessory use to a working farm
or ranch operation as a conditional use provided:
(1) The principal wage earner living in the mobile home is a full
time employee of the working farm or ranch operation that is
presently devoted to primarily agricultural production;
(2) The mobile home is placed on a permanent concrete or masonry
footer, with seven (7) foot centers between blocks, and
wheels and axles removed and appears on the real tax rolls
of the County;
(3) There shall be no outside storage and the mobile home shall
be skirted;
(4) No more than one single-family mobile home shall be allowed
as an accessory use to a working farm or ranch operation;
(5) The mobile home shall not be rented for occupancy to others
than those employed by the farm or ranch operation.
4,03.02 Row House; provided: a subdivision plat is approved whereon the minimum
lot area for a row house lot is 1,400 square feet, a minimum of six row
house lots appear on the plat and the plat includes sufficient land area
in lots and common to satisfy floor area ratio requirements under the
approriate Zone District Regulation.
4.03.03 Studio for the Arts and Crafts; provided: all activity is conducted
within a building and retail sales are limited to one -of -a -kind goods
produced on the lot.
4.03.04 Aircraft Landing Strip; provided: it is not in conflict with any
reservation, regulation. or requirement of the Federal Aviation
Administration.
4.03.05 Airport Utility; provided: it is approved by the Federal Aviation
Administration.
4.03.06 Airport -- Air carrier; provided: it is approved by the Federal
Aviation Administration.
4.03.07 Industrial Operations: including extraction, processing, fabrication,
industrial support facilities, water impoundments, mineral waste disposal,
storage sanitary land -fill, salvage yard, access routes and utility
lines; provided:,
(1) The applicant for a permit for industrial operations shall
prepare and submit to the Building Official two (2) copies of an
impact statement on the proposed use prescribing its location, scope,
-34-
design and construction schedule, incjucing an explanation of its
111 operational characteristics. One (1) copy of the impact statement
shall be filed with the County Commissioners by the Building Official.
The County Commissioners shall review the impact statement to determine
whether the proposed industrial operation complies with the requirements
of this Section and shall notify the Building Official of its decision
in this regard, in writing, within thirty (30) days from the date on
which the impact statement is filed with the Building Official. The
impact statement shall show that the use shall be designed and
operated in compliance with all applicable laws and regulations of
the County, State and Federal Governments, and will not have a
significant adverse effect upon:
•
(a)
Existing lawful use of water through depletion or
pollution of surface run-off, stream flow or ground
water;
(b) Use of adjacent land through generation of vapor, dust,
smoke, noise, glare or vibration, or other emanations;
(c) Wildlife and domestic animals through creation of
hazardous attractions, alteration of existing native
vegetation, blockade of migration routes, use patterns
or other disruptions;
(2) Truck and automobile traffic to and from such uses shall not create
hazards or nuisance to areas elsewhere in the County;
(3) Sufficient distances shall separate such use from abutting
property which might otherwise be damaged by operations of the proposed
uses;
(4) At the discretion of the County Commissioners additional information
supplementing the impact statement may be required. Such request for
additional information shall be in writing and shall be given to the
applicant not later than thirty (30) days after the filing of the impact
statement. The County Commissioners shall then have an additional thirty
(30) days from the date of submission of such additional information
within which to notify the Building Official of their decision in respect
to said impact statement;
An application for permit for an industrial operation shall be subject
to the provisions under Section 7.01 in addition to the required impact
statement. Any provisions of Section 7.01 to the contrary notwith-
standing, the Building Official shall have a period of ten (10) days
from notification by the County Commissioners of their decision as
hereinabove provided, within which to act upon such application;
(5) Permit shall be granted for those uses only with the provisions that
a satisfactory rehabilitation plan for the affected land be submitted
prior to commencement of such use;
4.03.08
(a) The plan for site rehabilitation shall be submitted
to and approved by the County Commissioners before a
permit for conditional or special use will be issued;
(b) The County Commissioners may require security before
a permit for special or conditional use is issued,
if required. The applicant shall furnish evidence of
a bank commitment of credit, or bond, or certified
check or other security deemed acceptable by the County
Commissioners in the amount calculated by the County
Commissioners to secure the site rehabilitation plan
in a workmanlike manner and in accordance with the
specifications and construction schedule established
or approved by the County Commissioners. Such
commitments, bonds, or check shall be payable to and
held by the County Commissioners;
(c) The plan for site rehabilitation shall be filed with
the impact statement, and the County Commissioners
shall approve or reject such plan within thirty (30)
days after it is filed. If such plan is disapproved,
the County Commissioners' decision shall be rendered
in writing and shad state the reasons for disapprova';
Industrial Performance Standards: All industrial operations in Garfield
County shall comply with applicable County, State, and Federal regula-
tions regulating water, air and noise pollution and shall not be
conducted in a manner constituting a public nuisance or hazard. Oper-
ations "shall be conducted in such a manner as to minimize heat, dust,
smoke, vibration, glare and odor and all other undesirable environmental
effects beyond the boundaries of the property in which such uses are
located, in accord with the following standards:
(1) Volume of the sound generated: every use shall be so operated
that the volume of sound inherently and recurrently generated does
not exceed ninety (90) decibles with a maximum increase of five (5)
decibles permitted for a maximum of fifteen (15) minutes in any one
hour at any point of any boundary line of the property on which the
use is located.
(2) Vibration generated: every use shall be so operated that the
ground vibration inherently and recurrently generated is not
preceptible, without instruments, at any point of any boundary line
of the property on which the use is located;
(3) Emissions of smoke and particulate matter: every use shall be
so operated so as to comply with all Federal, State and County air
quality laws, regulations and standards;
- 36 -
•
•
•
•
•
(4) Emission of heat, glare, radiation and fumes: every use shall be
so operated that it does not emit heat, glare, radiation or fumes which
substantially interfere with the existing use of adjoining property or
which constitutes a public nuisance or hazard. Flaring of gases,
aircraft warniig signals, reflective painting of storage tanks, or
other such operations which may he required by law as safety or air
pollution control measures shall be exempted from this provision;
(5) Storage area, salvage yard, sanitary land -fill, and mineral waste
disposal areas:
(a) Storage of flammable, or explosive solids, or gases,
shall be in accordance with accepted standards and
laws shall comply with the National Fire Code,
(b) At the discretion of the County Commissioners all
outdoor storage facilities for fuel, raw materials
and products shall be enclosed by a fence or wall
adequate to conceal such facilities from adjacent
property;
(c) 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;
(d) All materials or wastes which might constitute a fire
hazard or which may be edible by or otherwise be
attractive to rodents or insects shall be stored outdoors
in accordance with applicable State Board of Health
Regulations;.
(6) Water pollution: in a case in which potential hazards exist,
it shall be necessary to install safeguards designed to comply
with the Regulations of the Environmental Protection Agency
before operation of the facilities may begin.
All percolation tests or ground water resource tests as may be required
by local or State Health Officers must be met before operation of the
facilities may begin.
4.03.09 Uses Not Itemized: Upon application or on its own initiative, the County
Commissioners may, by resolution, add to the uses listed for a Zoning
District any other similar use which conforms to the condition set forth
in the following special findings:
(1) Such use is appropriate to the physiographic and general envir-
onmental character of the District to which it is added;
•
37 -
4.03.10
4.03.11
4.03.12
(2) Such use does not create any more hazard to or -alternation
of the natural evnironment than the minimum amount normally resulting
from the other uses permitted in the District to which it is added;
.(3) Such use does not create any more offensive noise, vibration,
dust, heat, smoke, odor, glare, or other objectionable influences
or more traffic hazards than the minimum amount normally resulting
from the other uses permitted in the district to which it is added;
(4) Such use is compatible to the uses existing and permitted in the
district to which it is added.
When any use has been added to the list of permitted uses in any
district in accordance with this Section, such use shall be deemed
to be listed in the appropriate section of those district
regulations, and shall be added thereto in the published text of this
Resolution at the first convenient opportunity, with a notation
indicating that the addition was made in accordance with this Section.
Approval of Conditional and Special Uses: Uses listed as Conditional
under the appropriate Zone District Regulation shall be permitted based
on compliance with the requirements listed herein; where uses are listed
as Special Uses they shall be permitted only:
(1) Based on compliance with all requirements listed herein, and;
(2) Approval by the County Commissioners which Board may impose
additional restrictions on the lot area, floor area, coverage, setback
and height of proposed uses or require additional off-street parking,
screening fences and landscaping, or any other restriction or provision
it deems necessary to protect the health, safety and welfare of the
population and uses of the neighborhood or zone district as a condition
of granting the special use.
Denial of Special Use: The County Commissioners may deny any request
for special use based on the lack of physical separation in terms of
distance from similar uses on the same or other lots, the impact on
traffic volume and safety or on utilities or any impact of the special
use which it deems injurious to the established character of the
neighborhood or zone district in which such special use is proposed to
be located.
Access Routes: As conditional uses and special uses are subject to the
following provision:
Must be of adequate design to accommodate traffic volume generated by
the proposed uses and to provide safe, convenient, access for the use
and to be constructed in conjunction to the proposed use. The minimum
design standard shall be the Garfield County Road Specifications.
- 38 -
•
•
•
410/4 SUPPLEMENTARY LOT AREA REGULATIONS
4.04.01 Lot Slope Determination: In determination of lot slope (see Definition)
for use in establishing minimum lot area requirements and maximum floor
area ratio limitations, existing and proposed lots of two acres or less
shall be calculated on an individual lot basis with one applicable lot
slope established for each lot; for lots larger than two acres and
tracts of land proposed for other methods of development wherein
creation of individual lots within said tract is not anticipated, a
grid system based on a 200 foot module shall be superimposed on a
topography map of the subject property and a lot slope determination
established by the defined method for each 40,000 square foot grid
portion of the tract or lot.
4.04.02 Development Limitations: Land sloping in excess of fifty (50) percent
shall not be considered suitable for residential building development.
Land sloping in excess of fifty (50) percent may be included in a lot,
or development but it shall not be built upon cr credited toward floor
area or lot coverage calculation.
4.04.03 Lot Area Based on Lot Slope: The minimum lot area listed under each
Zone District Regulation shall be further restricted by slope limitation;
each lot shall contain a minimum of 1500 square feet of lot area for
each percentage point of lot slope, the minimum lot area shall be
credited toward lot slope/area development. To determine the precise
lot area requirement, enter the lot slope scale on the accompanying
chart; where the lot slope scale intersects the lot area scale, read
down to establish the exact lot area requirement.
4.04.04 FloorIArea Ratio Based on Lot Slope: The maximum floor area ratio
listed under Zone District Regulations shall be further restricted by
slope limitations. To determine the permitted floor area ratio, enter
the lot slope scale on the accompanying chart; where the lot slope scale
intersects the floor area ratio scale read down to establish the exact
floor area ratio for the appropriate zone district. The lots of two
acres or less, the floor area ratio shall be applied to the net square
footage of each lot to determine the maximum building floor area (see
Definition) allowed thereon; such figure to be known as the lot's
development capacity. For lots in excess of two acres and tracts of land
proposed for other methods of development wherein creation of
individual lots within said tract is not anticipated, a floor area ratio
shall be established for each 40,000 square feet grid portion of the
lot or tract to determine a maximum building floor area for each grid
section in a manner similar to evaluation of smaller, individual lots;
the sum of the building floor area allowed on all of the grid sections
shall equal the development capacity of the lot or tract. Any transfer
or translocation of floor area credit or development capacity shall be
based on the floor area determination and development capacity of the
lot or grid section derived by the above manner.
•
- 39 -
LOT AREA AND FLOOR AREA BASED ON LOT SLOPE
EXPRESSED AS A PERCENTAGE
15,000 30,000
75,000
MINIMUM LOT AREA IN SQUARE FEET
50%.
40 %
30 %
ao %
10 %
.50,1 40,1 30:1 .20:1 .10:I .0:1
.25:1 20:1 .15,1 . 10:1 .0511 .0:1
. 10' 1 .08:I .06:1 .04:1 .02:1
MAXIMUM FLOOR AREA RATIO
•
ZONE DISTRICTS
R/C/U€7 , C/
R/O/SD, R/L/UD
R/L/SD
40.06
On partially developed lots or tracts, the allowable floor area or
development capacity for new construction shall be reduced by the
amount of building floor area represented by existing buildings.
Lot Area Restrictions based on Sewage Disposal Method to be Employed: ,
In addition to the lot area requirements and sewage disposal requirements
established elsewhere in this and other County Resolutions and
Regulations, the following minimum standards shall apply to all zone
districts;
(1) The following table shall be used to determine whether various
types of disposal are allowable on various useable lot areas:
TYPE OF DISPOSAL
LW HE;tH
Less than 1/2 acre
1/2-1 acre
j
1-2 acres over 2 acres
Cess
no
no
no
no
Anaerobic Disposal
2
no
.
no
no
yes
tn Lot
Aerobic 3
Treatment On Lot
no 7
ves.
yes
yes
Treatment Off Lot -
lion -Discharging 5
yes
yes
yes
yes
Treatment Off Lot -
Discharging 6
yes
_yes
yes
yes
•
•
Vaults, privies, chemical toilets allowable for temporary use or permanent use when
all other means of disposal are deemed unacceptable by the Environmental Health
Officer.
1. Prohibited by State Law.
2. Provided septic tank and sub -surface discharge meet all County and State
requirements.
3. Provided aeration plant and discharge method meet all County and State
requirements.
4. If domestic water supplied from protected approved central source off lot.
5. State and County approved sewage treatment works or County approved Central
Collection of sewage with sub -surface disposal and property owner responsibilities
set forth in covenants.
6. State and County approved sewage treatment works or Central Collection of
sewage discharging to surface or waters of the Statelif sanitation district or
municipality.
7. Unless pre-existing single lot of record.
- 4p -
(2) Such two acre lot areas may be increased and the number of uses
permitted by right under the appropriate zone district may be decreased
and the maximum floor area ratio may be reduced by the County
Commissioners if, as a result of percolation tests or other evaluations
by the Environmental Health Officer, the use of septic tanks or other
individual sewage treatment facilities for uses and at densities as
provided under the appropriate Zone District Regulations would result
in a danger to health on the subject or adjacent lots;
(3) Where a non -conforming lot exists in respect to the limitations
under paragraph (1) preceeding page, the lot shall be occupied only by
such uses and floor area ratio as is determined following precedures
outlined under paragraph (2) preceeding page;
(4) Where connection to a central or community sewage collection and
treatment system approved by the Environmental Health Officer and the
Colorado State Department of Health is proposed but not available until
installation or expansion of such facilities is completed no uses shall
occupy the lot, including structures intended for occupancy, until such
sewage collection and treatment services are available.
4.04.06 Lot Area Restrictions Based on Subdivision Regulations: In addition to
the lot area requirements established elsewhere in this Resolution, any
lot created subsequent to 1 September 1972 shall be either created in
conformance with the "Subdivision Regulations of Garfield County" or
exempt therefrom by reason of definition or specific resolution by the
County Commissioners lot created subsequent to the above date and not
meeting one of the included requirements shall not be considered a legal
lot for placement of a building or structure under these Resolutions.
4.04.07 Non -conforming Lots: Where a lot was held in separate ownership or was
platted on a subdivision plat filed in the office of the County Clerk
and Recorder of Garfield County prior to the date of adoption of this
Resolution and does not meet the minimum lot area requirements of the
zone district in which the lot is located, such lot may be occupied by
uses as provided under the appropriate Zone District Regulation and the
floor area ratio for such non -conforming lot shall be determined following
standards and chart included herein; provided connection to a central
sewage collection and treatment system approved by the Environmental
Health Officer and the Colorado State Department of Health is available.
Where a septic tank or other individual sewage treatment facility is the
only means of sewage disposal, the number of uses permitted by right
under the appropriate Zone District Regulation may be decreased and the
maximum permitted floor area ratio may be reduced by the County
Commissioners if, or a result of percolation tests or other evaluations
by the Environmental Health Officer, the use of septic tanks or other
individual sewage treatment facilities for use and at densities as
provided under the Appropriate Zone District Regulation would result
- 41 -
•
•
1
in a danger to health on the subject or adjacent lots. No lot shall be
so restricted by lot area, floor area ratio or sanitation requirements
to a point where it cannot be occupied by a single-family dwelling
containing up to 1500 square feet of floor area.
4.04.08 Planned Developments Established Under Repealed Regulations: Each Planned
Development district or subdivision legally approved under Zoning and Sub-
division Regulations in effect at the time shall be identified on the appro-
priate zone district map and regulated under the terms and conditions, includ-
ing the area and use of each lot, of its approval.
4,05 SUPPLEMENTARY SETBACK REGULATIONS
4.05.01 Arterial Streets: Front yard setback shall be observed for arterial streets
as designed on the Garfield County Zone District Map.
4.05.02 Live Streams: A setback of thirty fe
t (30')measured horizontally from and
r
perpendicular to the high water m each side of any live stream shall
be protected as greenbelt and maintained in conformance with the Definition
thereof, with the exception of diversion facilities as an accessory to the
approved use of the lot.
4.05.03 Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one street to another parallel-
ing street, both streets shall be considered as front streets for purposes
of calculating front yard setbacks;
s
es by
(h) requiredLots: on front yardots setbackered shallnbewo (2) observednalongubothdstreestreets,
streets;
theq
(3) Two Family Dwellings: for purposes of setback calculations, a two
family dwelling shall be construed as one building occupying one lot;
(4) Row House: for purposes of setback calculations, only those row houses
which do not share a common wall with an adjacent row house need observe
the required side yard setback for the district, providing building code
requirements for this type of structure are observed;
(5) Partially Developed Frontages: on a vacant lot bordered on two (2)
sides by previously constructed buildings which 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 two adjacent buildings; where a vacant lot is bordered on only one
side by a previously constructed building which 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 district;
(6) Projections: every part of a required yard shall be unobstructed from
ground level to the sky except for projections of architectural features
as follows: cornices, sills and ornamental features - 12 inches; roof
•
-42-
eaves - 18 inches; uncovered porches, slabs and patios, walks, steps,
fences, hedges, and walls - no restriction; fire escapes and individual
balconies not used as passageways may project 18 inches into any required
side yard or four (4) feet into any required front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building may
be located in a required rear yard provided not more than forty (40) per-
cent of the rear yard area is covered. Such building shall observe a seven
and one-half (714) foot setback from the rear lot line when there is not an
adjacent alley. An adjacent alley shall observe a ten (10) foot setback
from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge, or wall may be
located in any required yard provided no such installation shall exceed
eight (8) feet in height in a required side yard or rear yard, nor exceed
three (3) feet in height in any required front yard.
4.06 SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
4.06.01 Building Height; exceptions: Parapet walls may exceed building height
limitations by four (4) feet; stacks, vents, cooling towers, elevator
cupolas, towers and similar noninhabitable building appurtenances shall be
exempt from height limitations of this Resolution.
-43-
•
•
5.00 NON -CONFORMING USE REGULATIONS
All uses of land and buildings, other than in conformity with this Reso-
lution, shall be regulated as follows:
5.01 NON -CONFORMING USES AND BUILDINGS
The lawful use of a building or structure, or the lawful use of any land,
as existing and lawful at the time of adoption of this Resolution or in
the case of amendment of this Resolution, then at the time of such amend-
ment may be continued although such use does not conform with the pro-
visions of this Resolution or amendment thereto; and such use may be
extended throughout the same building, provided no structural alteration
of such building is proposed or made for the purpose of such extension.
5.02 REPAIR AND MAINTENANCE
Repair and maintenance of a non -conforming building shall be permitted.
5.03 RESTORATION
A non -conforming building which has been damaged or destroyed by fire or
other causes may be restored to its original condition, provided such
work is commenced within one year of such event, and completed within 18
months of such event.
5.04 CHANGE IN USE
A non -conforming use shall not be replaced by the use considered to exhibit
a greater degree of non -conformity than the existing use; a non -conforming
use may be replaced by a use considered to exhibit an equal or lesser degree
of non -conformity than the existing use; the degree of conformity to be
determined by the Building Official based on the intent and purpose of this
Resolution.
5.05 REPLACEMENT
A mobile home located outside of a mobile home park in a district where
such use is not permitted may be replaced by another mobile home on the
same lot provided the replacement mobile home conforms to the requirements
under section 4.03 Conditional and Special Uses and the Building Code
Resolution of Garfield County, Colorado.
5.06 ENLARGEMENT
An existing building which cannot meet the area, setback, height or other site
requirements of this resolution may be extended provided any such extension
is in full compliance with.all provisions of this Resolution.
44 -
5.07 ABANDONMENT
Whenever non -conforming use of a building or land has been discontinued
for a period of six (6) months, future use of the land or building shall
be in conformity with provisions of this resolution.
•
-45--
6.00
•Q 1
ADMINISTRATIVE ORGANIZATION
OFFICE OF BUILDING OFFICIAL
It shall be unlawful to erect, construct, reconstruct, alter or change
the use of any building or other structures within the unincorporated
territory of the County without obtaining a permit from the Building
Official who shall not issue any permit unless the plans for the proposed
erection, construction, reconstruction, alteration or use fully conform
to all provisions of this Resolution. Buildings or structures used only for
shelter of agricultural implements, farm products produced on the lot,
livestock or poultry, where permitted under the applicable Zone District
Regulation, shall be excepted.
6.02 BOARD OF ADJUSTMENT
6.02.01 Membership and Organization: A Zoning Board of Adjustment for Garfield
County, Colorado, is hereby created in accordance with Chapter 106, Article 2,
of the Colorado Revised Statutes 1963, as amended. The Board shall have
five (5) members selected to provide the broadest possible representation from
within the unincorporated area of Garfield County; one membership shall be
filled by a current member of the County Planning Commission. Appointment
to membership shall be made by the County Commissioners in accordance with
the provision of Chapter 106, Article 2 of the Colorado Revised Statutes 1963.
Active, incumbent members may be reappointed. Vacancies on the Board may be
411 filled for the unexpired term in the same manner as the initial appointment.
Any member of the Board may be removed for cause by the County Commissioners
upon written charges and after a public hearing. The Board shall elect a
chairman and secretary from its membership during its first meeting of each
calender year and adopt such rules as may be necessary for conduct of its busi-
ness. The County Commissioners may appoint five (5) associate members of such
Board, and in the event that any regular member be temporarily unable to act
owing to absence from the county, illness, interest in a case before the Board
of any other cause, his place may be taken during such temporary disability
by an associate member designated by the Chairman of the Board for the purpose.
6.02.02 Meetings: The Board of Adjustment shall be held at the call of the chair-
man. The chairman may administer oaths and compel the attendance of witnesses
by application to the District Court. The Court, upon proper showing may
issue subpoenas and enforce obedience by contempt proceedings. All meetings
shall be open to the public. The Board shall keep minutes of its proceedings
showing the vote of each member upon each question or its absence or failing
to vote, indicating such fact and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in the office
of the Board and shall be a public record.
6.02.03 Powers and Duties: Upon appeal, the Zoning Board of Adjustment shall have
the following powers:
• (1) To hear and decide appeals where it is alleged by the appellant that there
is error in any order, requirement, decision or refusal made by an administra-
tive official or agency based on or made in the enforcement of this Resolution;
-46-
(2) To hear and decide appeals wherein there is question on the interpre-
tation of the Zone District Map or similar questions as they may arise
in the administration of this resolution;
(3) To hear and decide appeals for special exceptions to the provisions
of this resolution, such exceptions to be known as Variances.
-47-
•
•
7.00 ADMINISTRATIVE PRGCEDURES
40.01 PERMIT
7.01.01 Applications: All permit applications shall be filed by the owner or owners
of the subject lot with the Building Official on a form provided by the
Building Official for this purpose and shall include a map drawn to scale
and drawings showing:
(1) Information sufficient to locate the subject lot on the assessor's
records and zone district maps of the County including reference, to the
particular block and lot location when such lot is located within a sub-
division;
(2) The subject lot with actual dimensions, calculations of lot area and
contours or sections as necessary to support lot slope determinations;
(3) Location, dimension, area and use of all existing proposed buildings
and structures sufficiently detailed to determine if the proposed building
or structure is in compliance with applicable provisions of this Resolution
including those covering use, lot area, lot coverage, floor area ratio,
setback and height provisions of the applicable Zone District Regulation;
(4) Plans, elevations, sections and details proposed buildings or struc-
tures sufficiently detailed to determine if the proposed building or struc-
ture is in compliance with applicable building, plumbing and electrical
codes;
(5) Provision of domestic water, sewage disposal, electric power service
and any other proposed utility improvements serving the subject lot suffi-
ciently detailed to determine if requirements for utilities under this
Resolution and other applicable county and state regulations are satisfied;
(6) Any other information of a specialized nature which may be unique to
the subject lot.
7.01.02 Action by the Building •Official: The Building Official shall utilize ser-
vices of the Environmental Health Officer, County Planner and other county
and state officials or agencies'to arrive at a determination that the pro-
posed building, facility, structure or use is in compliance with all appli-
cable zoning, subdivision, building, health and sanitation regulations; and
if the proposed building, facility, structure or use is in compliance, shall
issue a permit for the improvements shown on the application; review of permit
application shall normally be limited to ten (10) working days.
7.01.03 Inspection: The Building Official or his designated representative is hereby
enpowered to inspect any building, structure or tract of land concerning
which he has reasonable cause to believe that a use exists or construction
or alteration work is being or has been performed in violation of the appli-
cable provisions of this Resolution. If a violation exists, the County
Commissioners or their desianated representative shall be by written order,
direct that such remedial action be taken as will result in full compliance
with the applicable provisions of this Resolution.
•
- 48 -
7.01.04 Records: All permits, including applications, and inspection records shall
be kept on file in the office of the Building Official as a public record.
7.01.05 Expiration: A permit shall be valid for a period of one hundred twenty
(120) days from the date of issuance thereof unless construction or use has
commenced thereunder; and if construction or use has not commenced within
this specified period, the permit shall expire. The County Commissioners
may extend the expiration date of any permit.
7.02 PERMIT - CONDITIONAL USE
7.02.01 Application: Shall consist of all information required of an application
for a permit and subject to all administrative procedures thereof plus the
following:
Supporting information, plans, letters of approval from responsible agencies
and other information to satisfy requirements listed under Conditional and
Special Uses in the Supplementary Regulations.
7.02.02 Action by Building Official: The Building Official shall utilize services
of the Environmental Health Officer, County Planner and other county and
state officials or agencies to arrive at a determination that the proposed
buildings, structures and use is in compliance with all applicable zoning,
subdivision, building, health, and sanitation regulations; and if the pro-
posed building, structure and use are in compliance, shall issue a permit
for the improvements shown on the application.
7.03 PERMIT - SPECIAL USE
7.03.01 Application: Shall consist of all information required of an application
for a permit and subject to all administrative procedures thereof plus the
following:
(1) Supporting information, plans, letters of approval from responsible agen-
cies and other information to satisfy requirements listed under Conditional
and Special Uses in the Supplementary Regulations ;
(2) A vicinity map drawn to scale depicting the subject property, location
of roads providing access to the subject property, location and use of
buildings and structures on adjacent lots and the names of owners of record
of such lots;
(3) A letter to the County Commissioners from the applicant explaining in
detail the nature and character of the Special Use requested.
7.03.02 Fee: A fee of Twenty -Five 'Dollars ($25.00) shall be charged for each
application; with the exception of uses as industrial operations as
defined in Section 4.03.07 of the Zoning Resolution of Garfield County
a fee of Five Hundred Dollars ($500.00) shall be charged for each
application as included in industrial operations.
7.03.03 Action by Building Official: The Building Official shall utilize services
of the Environmental Health Officer, County Planner and any other county
or state officials or agencies to arrive at a determination that the propose
49 -
building, structure or use is in compliance with all applicable zoning,
subdivision, building, health and sanitation regulations except for
approval by the County Commissioners as a Special Use; and if the proposed
building, facility, structure or use are in compliance except for the
Board approval, shall forward the application along with his report to
the Board.
7.03.04 Action by the County Commissioners: The County Commissioners shall hear
and decide on requests for Special Uses in conformance with all provisions,_,-
of this Resolution. Such hearing shall be held no later than thirty (30)
days following the receipt of the Special Use permit application and the
recommendation of the Building Official in accordance with the following
procedure. Hearings held in regard to Special Use shall be conducted as a
public hearing advertised as follows:
(1) Notice including the name of the applicant, description of the subject
lot, a description of the proposed Special Use and the time and place for
the hearing shall be given in a newspaper of general circulation in that.
portion of the County in which the subject property is located at least
fifteen (15) days prior to such hearing time; and Proof of Publication
shall be presented at hearing.
(2) Notice containing information as described under paragraph (1) above,
shall be mailed to all owners of record of lots adjacent to the subject
lot at least five (5) days prior to such hearing time by Registered
Return Receipt Mail, and Receipts shall be presented at hearing.
The concurring vote of the majority of the County Commissioners shall be
necessary to decide in favor of the appellant. The County Commissioners
shall approve or deny the permit application and notify the applicant cf
its decision, in writing, within fifteen (15) days following the Public
Hearing. If the permit is denied, such notice shall include reasons for
the denial.
7.04 ADMINISTRATIVE APPEAL & INTERPRETATION
7.04.01 Application: Appeals to the Zoning Board of Adjustment may be taken by any
person aggrieved by his inability to obtain a permit, or by the decision of
any administrative officer or agency based upon or made in the course of the
administration or enforcement of the provisions of this Resolution. Appeals
may be taken by any officer, department, board of the county affected by the
grant or refusal of a permit or by the other decision of any administrative
officer or agency based on or made in the course of the administration or
enforcement of this Resolution. Appeals to the Board must be made in writing
and filed with the Board within seven (7) days of the action or decision
appealed.
An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certified to the Board
after the notice of appeal shall have been filed with him that by reason of
the facts stated in the certificate, a stay, in his opinion, would cause
imminent peril to life and property, in which case proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the
Board or a court of record or application, or notice to the officer from
whom the appeal is taken and on due cause show.
-50--
7.04.02 Action by the Board of Adjustment: The Board shall hear and decide appeals
where it is alleged by the appellant that there is error in any interpretation,
order, requirements, decision or refusal made by an administrative official or
agency based on or made in the enforcement of this Resolution. The concurring
vote of four (4) members of the Board shall be necessary to reverse any order
requirements, decision or determination of any such administration official o
agency or to decide in favor of the appellant.
7.05 VARIANCE
7.05.01 Application: Shall consist of an application for permit as provided in the
preceeding sections plus:
(1) Any additional information deemed necessary to justify the request
far variance;
(2) A letter setting forth the specific provisions of this Resolution
from which relief is requested, the nature of the relief sought and
the reasons in justification thereof.
(3) Fee for Variance: A fee of $25.00 shall be charged to cover the
processing of an application for a proposed variance.
7.05.02 Action by the Building Official: The Building Official shall utilize services
of the Environmental Health Officer, County Planner and any other county or
state officials or agencies to arrive at a determination that the proposed
building, structure or use is in compliance with all applicable zoning,
subdivision, building, health and sanitation regulations except for those
provisions of this Resolution from which variance or relief is requested;
and if the proposed building, structure or use is in compliance except for
said provisions, shall forward the application along with his report to
the Secretary of the Board of Adjustment.
7.05.03 Action by the Board of Adjustment: Where by reason of exceptional narrow-
ness, shallowness or shape of the specific piece of property at the time
of enactment of this Resolution, or by reason of exceptional topographic
conditions or other extraordinary and exceptional situation or condition
of such piece of property, the strict application of any regulation enacted
under this Resolution would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon the owner of such
property, the Board may authorize upon appeal relating to said property,
a variance from such strict application so as to relieve such difficulties
or hardship, provided however:
(1) That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardship upon the owner of said property;
(2) That such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose of
the General Plan or this Resolution;
(3) That the circumstances found to constitute a hardship were not caused
by the applicant, are not due to or the result of general conditions in the
district and cannot be practically corrected;
(4) That the concurring vote of four (4) members of the Board shall be
necessary to decide in favor of the appellant.
- 51 -
•
•
•
7.05.04 Public Hearing: Hearings held in regard to variance from strict
application of the provisions of this Resolution may, at the discretion
of the Board, be conducted as a public hearing following public
notice containing the name of the appellant, description of the
property involved, a statement of the nature of the appeal and the
time and place of the hearing in a newspaper of general circulation
in the portion of the county in which the subject property is
located. Publication of notices of hearings hereunder shall be
completed at least fifteen (15) days prior to the date of the public
hearing, and proof of publication shall be presented at hearing.
7.05.05 Notices shall be sent by registered mail to owners of all property
within Two Hundred (200) feet, at least five (5) days prior to
hearing, and the receipts shall be presented at hearing.
- 52-
8.00 AMENDMENT
8.01 CLASSIFICATION
The County Commissioners may amend the number, shape, boundaries or area of
any district, or any regulation of or within such district or any other
provision of this Resolution. Amendments may be of one of the following
general classifications:
8.01.01 Amendment to the text of this Resolution and not affecting the shape,
boundaries or area of any district; such amendment shall be referred
to hereinafter as a Text Amendment;
8.01.02 Amendment changing the zone district designation of a specific lot or
lots to any other single district designation except Agricultural /
Residential / Cluster; such amendment shall be referred to hereinafter
as a Zone District Amendment;
8.01.03 Amendment changing the zone district designation of a specific lot or
lots from Agricultural / Residential to Agricultural / Residential /
Cluster; such amendment shall be referred to hereinafter as an
Agricultural / Residential / Cluster Amendment;
8.01.04 Amendment changing the zone district designation of a specific lot or
lots from any zone district designation to a combination of zone
district designations arranged to permit development of a Planned
Unit Development; such amendment shall be referred to hereinafter as
a Planned Unit Development Amendment.
8.02 INITIATION
The following persons or officials may initiate amendments to this
Resolution:
8,02.01 Text Amendment'- Any owner of real property affected by such change, the
County Commissioners or the Planning Commission;
8.02.02 Zone District Amendment: Owners of real property located within the
area proposed to be subject.to the zone district change, the County
Commissioners, the Planning Commission;
8.02.03 Agricultural / Residential / Cluster Amendment: All the owners of real
property to be included with the proposed Agricultural / Residential /
Cluster district;
8.02.04 Planned Unit Development: All the owners of the real property to be
included with the proposed Planned Unit Development.
8.03 SUBMITTAL
Each application for amendment shall be in the form of a written request
to the County Commissioners identifying the applicant and clearly stating
the nature of the proposed amendment and reasons in support of such
change.
-53-
•
•
•
8.03.01 Application for change in Zone District, Agricultural / Residential /
Cluster and Planned Unit Development shall be accompanied by the
Zone District Map of the subject property showing the property proposed
for change, the use and owners of record of adjacent property and any
other information which may be noted thereon to explain the proposed
amendments.
8.03.02 Application for an Agricultural / Residential / Cluster shall also be
accompanied by a subdivision plan of the sketch plan level as provided
under the Subdivision Regulation of Garfield County, Colorado for the
portion of the Cluster district proposed for greenbelt indicated as
such.
8.03.03 Application for a Planned Unit Development shall also be accompanied
by a general development plan indicating the several zone district
designations requested.
8.03.04 Fee for Map Amendment: For proposed amendments to the official zoning
map a fee of One Hundred Dollars ($100.00) shall be charged to the
applicant to cover the costs of processing.
8.04 PROCEDURES
The County Commissioners shall refer each proposed amendment to the
Planning Commission. The Planning Commission shall report its
approval, disapproval, or recommendation to the County Commissioners
within thirty (30) days of such referal of the proposed amendment by
the County Commissioners except as stated in Section 14.08.01 of the
Planned Unit Development Amendment to the Garfield County Zoning
Resolution.
8.04.01 Prior to final adoption of any amendment to this Resolution, the
County Commissioners shall hold a public hearing thereon, at
least thirty (30) days notice of the time and place of which shall
be given by at least one publication in a newspaper of general
circulation in the County in which the property affected by the
amendment is located. Notice of such public hearing is to be mailed
at least five (5) days prior to such hearing to all owners of record
or property adjacent to the lot or lots subject to the proposed
amendment.
8.04.02 Approved amendments to the Zone District Map shall be promptly entered
on the appropriate sheet of the Zone District Map of Garfield County
and Agricultural / Residential / Clusters and Planned Unit Development
shall be labelled as such. One copy of each approved application shall
be retained in the records of the Building Official to insure that
development proceeds, in conformance with the approved plans.
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9.00 INTERPRETATION
In their application and interpretation, the provisions of this resolution
shall be held to be minimum requirements. This regulation is not intended
to repeal, abrogate, annul, or in. any way impair or interfere with existing
provisions of other laws or with existing provisions of private agreement
or restrictive covenants running with the land to which the County is a
part. Where this regulation imposes a greater restriction than that imposed
by such existing provisions of law, contract or deed, provisions of this
regulation shall control.
10.00 VIOLATION, PENALTY AND REMEDIAL ACTIONS
Any person, firm or corporation, whether as principal, agent, employee or
otherwise, who shall use any land or erect, construct, reconstruct, alter
or change the use of any building or structure in violation of any provi-
sion of this resolution shall be fined an amount not to exceed $100.00 for
each violation, such fine to be payable to, the County of Garfield, Colorado
Each day of violation shall be deemed a separate offense.
If any land is used or any building or structure is erected, .constructed,
reconstructed, altered or used in violation of any provision of this
resolution., the Garfield Board of County Commissioners by the County
Attorney, the District Attorney of Garfield County, or any owner of real
estate within the zone district in which such land, building, or structure
is situated, in addition to other remedies provided by law, may institute
injunction, mandamus, abatement or any other appropriate action or pro-
ceedings to prevent, enjoin, abate or remove such unlawful erection, con-
struction, reconstruction, change or use; and the fine hereinabove provided
may be recovered in that same civil action wherein such injunction, man-
damus, and/or abatement is sought, or separate and distinct proceedings
may be instituted seeking varying forms of relief as the law may allow.
11.00 SEVERABILITY
If a provision of this Resolution is invalidated by a definitive decision
of a court of competent jurisdiction, it is hereby declared to be the legis-
lative intent that the effect of the decision shall be limited to the pro-
vision which is expressly stated in the decision to be invalid and the
decision shall not affect, impair, or nullify this Resolution in its entirety.
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12.00 REPEALS
•
Garfield County Zoning Resolution, Zoned Area Number 1, is hereby repealed.
The repeal of said Resolution does not revive any other resolution or por-
tion thereof repealed by said Resolution. Such repeal shall not affect or
prevent the prosecution or punishment of any person for the violation of any
resolution repealed hereby for an offense committed prior to the repeal.
13.00 ENACTMENT CLAUSE
Upon approval and adoption by the Board of County Commissioners of Garfield
County, Colorado, a certified copy of this Resolution and of the Zone Dis-
trict Maps shall be filed, according to law, in the office of the County
Clerk and Recorder of Garfield County, Colorado. This Resolution shall
become of full force and effect as of the date of its adoption, this being
the 27th day of November , 1973.
•
•
,,.ti._7ti•.rrr�1;;�1
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Attest:
<r�E''
Gari 1e1 d' Coyrity Clerk
Y
The Board of County Commissioners
of Garfield County, Colorado:
i�
Chairman
Commissioner
-• 56 -
Commissioner
PLANNED UNIT DEVELOPMENT AMENDMENT TO THE
GARFIELD COUNTY ZONING RESOLUTION
WHEREAS, the legislature of the State of Colorado, by virtue of Article
6 of Chapter 106 C. R. S., 1963, Planned Unit Development Act of 1972, enacted
a procedure by which local authorities may permit real estate developers to
relate the type, design and layout of residential, commercial and industrial
uses to the particular site to be developed; and
WHEREAS, C. R. S. 106-6-4 permits and authorizes planned unit development
resolutions to be enacted by counties; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado
in order that the public health, safety, integrity and general welfare may be
furthered in an era of increasing urbanization and of growing demand for
housing of all types and design, has determined that a planned unit
development zoning resolution should be adopted by it as an amendment to the
present Garfield County Zoning Resolution, as authorized by state legislation;
and
•
WHEREAS, the Garfield County Planning Commission has recommended the
adoption of the resolution hereinafter contained;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Garfield County, Colorado., that the following be and the same hereby is adopted
and enacted pursuant to the authority granted by C. R. S. 106-6-4 as the
PLANNED UNIT DEVELOPMENT AMENDMENT TO THE GARFIELD COUNTY ZONING RESOULTION. •
14.00 PLANNED UNIT DEVELOPMENTS
14.01 DEFINITIONS
As used in this Amendment, unless the context otherwise requires:
14.01.01 Common Open Space. Common Open Space means a parcel or parcels
of land, an area of water, or a combination of land and water within the site
designated for a Planned Unit Development, designed and intended primarily for
the use or enjoyment of residents, occupants, and owners of the Planned Unit
Development.
14.01.02 Plan. Plan means the provisions for development of a Planned
Unit Development which may include, and need not be limited to, easements,
covenants, and restrictions relating to use, location, and bulk of buildings
and other structures, intensity of use or density of development, utilities,
private and public streets, ways, roads, pedestrian areas and parking
facilities, Common Open Space, and other public facilities. "Provisions of
the plan" means the written and graphic materials referred to in this
definition.
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•
14.01.03 Planned Unit Development. Planned Unit Development (hereinafter
• a PUD) means an area of land, controlled by one or more landowners, to be
developed under unified control or unified plan of development for a number
of dwelling units, commercial, educational, recreational, or industrial uses,
or any combination of the foregoing, the Plan for which does not correspond in
lot size, bulk, or type of use, density, lot coverage, open space, or other
restriction to the existing land use regulations.
14.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT
PVDs may be approved by the County Commissioners for the following purposes
and to achieve the following objectives of development:
•
•
(1) To provide for necessary commercial, recreational, and
educational facilities conveniently located to housing;
(2) To provide for well located, clean, safe, and pleasant
industrial sites involving a minimum of strain on
transportation facilities;
(3) To insure that the provisions of the zoning laws which
direct the uniform treatment of dwelling type, bulk,
density, and open space within each zoning district will
not be applied to the improvement of land by other than
lot by lot development in a manner which would distort
the objectives of the zoning laws;
(4) To encourage innovations in residential, commercial,
and industrial development and renewal so that the
growing demands of the population may be met by greater
variety in type, design, and layout of buildings and by
the conservation and more efficient use of open space
ancillary to said buildings;
To encourage a more efficient use of land and of public
services, or private services in lieu thereof, and to
reflect changes in the technology of land development so
that resulting economies may enure to the benefit of those
who need homes;
(5)
(6) To lessen the burden of traffic on streets and highways;
(7) To encourage the building of new towns incorporating
the best features of modern design;
(8) To conserve the value of the land;
Sg _
(9)
To provide a procedure which can relate the type, design,
and layout of residential, commercial, and industrial
development to the particular site, thereby encouraging
preservation of the site's natural characteristics; or
(10) To encourage integrated planning in order to achieve
the above purposes and objectives of development.
14.03 SCOPE
Applications for Planned Unit Development zoning may be made for land
then located in any zoning district.
14.04 CONSISTENCY WITH THE GENERAL PLAN
No PUD shall be approved unless it is found by the County Commissioners
to be in general conformity with the County's general plan.
14.05 RELATIONSHIP TO ZONING AND SUBDIVISION
14.05.01 The Subdivision Regulations of Garfield County adopted September
1, 1972, as amended, and the Zoning Resolution of Garfield County adopted November
27, 1973, as amended, shall be applicable to PUDs insofar as said Regulations
and Resolution are consistent with this Planned Unit Development Amendment and
with any specific zoning or subdivision requirements approved by the County
Commissioners at the time of zoning or platting the PUD in question, but to the
extent that said Regulations and Resolution are inconsistent therewith, they
shall not be applicable and the provisions of this Amendment shall control.
14.05.02 It is recognized that the uniqueness of each proposal for a PUD
requires that the specifications, standards and requirements for various
facilities, including but not limited to, streets, highways, alleys, utilities,
curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds,
storm drainage, water supply and distribution, and sewage collection and
treatment, may be subject to modification from the specifications, standards
and requirements established in the Subdivision Regulations of Garfield County
for like uses in other zone districts. The County Commissioners may, therefore,
either at the time of zoning as a PUD or subsequently upon final platting under
the Subdivision Regulations, as requested by the applicant, waive or modify
the specifications, standards and requirements which would be otherwise applicable.
14.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS
It is recognized that certain individual land uses, regardless of their
adherence to all the design elements provided for in this Amendment, might not
exist compatibly with one another. Therefore, a proposed PUD shall be considered
from the point of view of the relationship and compatibility of the individual
elements of the Plan, and no PUD shall be approved which contains incompatible
elements.
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•
14.07 STANDARDS AND :_QU I REMENTS
14.07.01 The County Commissioners may approve a proposed PUD rezoning
upon a finding that it will implement the purposes of this Amendment and will
meet the standards and requirements set forth in this Amendment.
14.07.02 The number of off-street parking spaces for each use in each PUD
shall not be less than the requirements for like uses in other zoning districts,
except that the County Commissioners may increase or decrease the required
number of off-street parking spaces in consideration of the following factors:
(1) estimated number of cars owned by occupants of dwelling in
the PUD;
(2) parking needs of non -dwelling uses;
(3) varying time periods of use whenever joint use of common
parking areas is proposed.
14.07.03 The PUD shall meet the following site plan criteria unless the
applicant can demonstrate that one or more of them is not applicable or that
• a practical solution has been otherwise achieved:
(1) The PUD shall have an appropriate relationship to the surrounding
area, with unreasonable adverse effects on the surrounding area
being minimized;
(2) The PUD shall provide an adequate internal street circulation
system designed for the type of traffic generated, safety,
separation from living areas, convenience and access. Private
internal streets may be permitted provided that adequate access
for police and fire protection is maintained. Bicycle traffic
shall be provided for if appropriate when the site is used for
residential purposes;
(3) The PUD shall provide parking areas adequate in terms of location,
area, circulation, safety, convenience, separation and screening;
(4) The PUD shall provide Common Open Space adequate in terms of
location, area, and type of the Common Open Space, and in terms
of the uses permitted in the PUD. The PUD shall strive for
optimum preservation of the natural features of the terrain;
•
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(5) The PUD shall provide for variety in housing types and densities,
other facilities, and Common Open Space;
(6) The PUD shall provide adequate privacy between dwelling units;
(7) The PUD shall provide pedestrian ways adequate in terms of
safety, separation, convenience, access to points of desti-
nation and attractiveness.
14.07.04 The maximum height of buildings may be increased above the
maximums permitted for like buildings in other zone districts in relation to the
following characteristics of the proposed building:
(1) Its geographical location;
(2) The probable effect on surrounding slopes and mountainous
terrain;
(3) Unreasonable adverse visual effect on adjacent sites or
other areas in the immediate vicinity;
(4) Potential problems for adjacent sites caused by shadows,
loss of air circulation, or loss of view;
(5) Influence on the general vicinity, with regard to extreme
contrast, vistas, and open space; and
(6) Uses within the proposed building.
14.07.05 The minimum lot areas and the minimum setback restrictions may be
decreased below and the maximum lot coverages may be increased above those
applicable to like buildings in other zone districts to accommodate specific
building types with unusual orientation on the lot or relationship between
buildings. The averaging of lot areas shall be permitted to provide flexibility
in design and to relate lot size to topography, but each lot shall contain an
acceptable building site. The clustering of development with usable common
open areas shall be permitted to encourage provision for and access to common
open areas and to save street and utility construction and maintenance costs.
Such clustering is also intended to accommodate contemporary building types
which are not spaced individually on their own lots but share common side walls,
combined service facilities or similar architectural innovations, whether or
not providing for separate ownership of land and buildings. Architectural style
of buildings shall not be a basis for denying approval of a PUD application.
14.07.06 The overall average residential density shall be no greater than
four dwelling units per gross acre within the PUD. The overall average
residential density shall be, calculated by summing the number of residential
dwelling units planned within the boundary of the PUD and dividing by the
total gross area expressed in acres within the boundary of the PUD. Averaging
and transferring of densities within the PUD shall be allowed upon a showing
of conformance to the purposes of this Amendment through appropriate
utilization of the area within the PUO to achieve high standards of design
and livability. The density of dwelling units in any particular area may be
greater than the maximum permitted for a like use in other zone districts.
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14.07.07 The minimum number of acres that may comprise a PUD is two
III/acres.
14.07.08 All uses which are permitted in any other zone district may be
permitted in PUDs subject to the provisions of Section 14.06 hereof. Without
limiting the generality of the foregoing, the following uses, separate or in
combination, may be permitted in PUDs:
(1) Single-family and multiple -family residential dwelling units
in detached, semidetached, attached, groups of attached,
clustered or multistoried structures, or any combination
thereof;
•
(2) Sale or rental of goods or services;
(3) Recreational facilities;
(4) Public and private offices;
(5) Mobile home parks;
(6) Convention facilities;
(7) Restaurants;
(8) Public utilities and facilities;
(9) Lodging places, including motels, hotels, lodges, and
dormitories;
(10) Schools and other educational institutions;
(11) Churches and hospitals;
(12) Business and commercial uses;
(13) Industrial uses.
The uses which shall be permitted in any particular PUD shall be those permitted
by the resolution zoning the particular area PUD.
14.07.09 Twenty-five percent of the total area within the boundary of any
PUD shall be devoted to Common Open Space; provided, however, that the County
Commissioners may reduce such requirement if they find that such decrease is
warranted by the design of, and the amenities and features incorporated into,
the Plan and that the needs of the occupants of the PUD for Common Open Space
can be met in the proposed PUD and the surrounding area.
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14.08 PUD PROCESSING
14.08.01 The approval of a PUD constitutes a Zone District Amendment,
and a PUD is established by rezoning an area in an existing zone district to
PUD pursuant to the Garfield County Zoning Resolution and all applicable
provisions of C. R. S. chapter 106, articles 2 and 6. The County Commissioners
are hereby declared to be the board authorized to review PUD applications
pursuant to C. R. S. 106-6-4(d). Each PUD application shall be reviewed and
approved, disapproved, or conditionally approved by the County Commissioners
within 120 days of its initial filing. The approved PUD zoning and the
approved PUD Plan are inseparable and a PUD shall not be established without
the approval of the related PUD Plan. The approved PUD zoning and the approved
PUD Plan together establish the uses permitted in lieu of the zone district
regulations which were theretofore applicable.
14.08.02 An applicant shall process his application for PUD zoning under
the Garfield County Zoning Resolution separate from and in advance of his
application or applications for subdivision platting under the Garfield County
Subdivision Regulations.
14.08.03 The Plan shall show generally where within the PUD each type
of use will be located and shall indicate the total acreage which will be
devoted to each use. The precise location of each use and the location of
lots, blocks or other parcels within each area devoted to each use shall be
shown as that area is thereafter subdivided and platted in accordance with the
Garfield County Subdivision Regulations.
14.08.04 The uses by right, conditional uses, minimum lot area, maximum
lot coverage, minimum setbacks, maximum height of buildings, and all other use
and occupancy restrictions applicable to any area zoned as PhD shall be those
which are approved by the County Commissioners at the time such area is so
zoned.
14.08.05 The applicant shall include with his written request for PUD
zoning:
(1) A statement of the ownership interest in the property
to be included in the PUD and the written consent of all
of the owners;
(2) A Plan indicating the broad concept of the proposed
development. Such Plan shall indicate:
(a) The maximum number of dwelling units proposed
within the overall area;
(b) The minimum acreage which will be dedicated to
Common Open Space;
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•
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(c) The type of uses proposed and the acreage
devoted to each use;
(d) Major internal circulation systems;
(e) The acreage which will be dedicated for school sites;
(f) The general nature and location of commercial and
industrial uses, if any, to be located in the PUD;
(g) Provision for water, sewer, telephone, electricity,
gas and cable television, if applicable; and
(h) Other restrictions proposed by the applicant such
as building setbacks, height limits, access
requirements, and grade or slope restrictions to be
applied to particular areas;
(3) A regional location map showing the relationship of the site to
connecting roadways, public facilities, commercial and cultural
facilities, and surrounding land uses;
(4) A site map illustrating site boundaries, acreage, existing
structures and the existing zoning;
(5) A site topographic map showing at least 5' contour intervals,
major vegetation elements, streams, rivers, ditched and areas
subject to 100 -year flooding;
(6) A legal description of the area which the applicant wishes to
include in the PUD;
(7) A written statement containing the following information:
(a)
An explanation of the objectives to be achieved
by the PUD;
(b) A development schedule indicating the approximate
dates when construction of the various stages of
the PUD can be expected to begin and be completed;
(c) Copies of any special covenants, conditions and
restrictions, which will govern the use or
occupancy of the PUD, provided, however, that the
applicant may impose additional covenants, con-
ditions and restrictions on any particular area
in connection with the platting of such area;
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•
(d) A list of the owners of abutting properties located
within 300 feet of the boundaries of the PUD and
their addresses;
(e) A statement by a licensed engineer which shall
provide evidence of the following:
(i) The proposed water source adequate
to service the PUD;
(ii) The proposed method of sewage treatment;
(iii) The general manner in which storm drainage
will be handled; and
(iv) The general manner in which provision will
be made for any potential natural hazards
in the area such as avalanche areas,
landslide areas, flood plain areas, and
unstable soils;
(f) Easements showing vested legal access for ingress and egress
from a public road to the PUD; and
(g) Evidence that the PUD has been designed with consideration of
the natural environment of the site and the surrounding area
and does not unreasonably destroy or displace wildlife, natural
vegetation, or unique natural or historical features.
The applicant may submit any other information or exhibits which he deems pertin-
ent in evaluating his proposed PUD.
14.08.06 Notwithstanding the rezoning of an overall area as PUD, no
portion thereof shall be used or occupied otherwise than as was permitted
immediately prior to the approval of such rezoning until a final subdivision
plat for said portion shall have been approved by the County Commissioners
as required by the Subdivision Regulations of Garfield County.
14.08.07 Notwithstanding the provisions of Section 14.08.02 above, an
applicant may elect to have the public hearings required by Section 3,06
of the Garfield County Subdivision Regulations and Section 8.04.01 of the
Garfield County Zoning Resolution held simultaneously. In this event, notice
of the time and place of such hearing shall be published at least one time
in a newspaper of general circulation in Garfield County, notice shall be
given to the applicant in the manner provided in said Section 3.06, and notice
shall be given by registered mail to adjoining landowners in the manner
provided in C.R.S. 106-6-4(1)(f). The Planning Commission and County
Commissioners shall render their separate decisions as required by said Sections
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•
•
3.06 and 8.04.01 respectively.
• 14.09 DEVELOPMENT IN STAGES
14.09.01 The applicant must begin development of the PUD within one year
from the time of its final zone change approval; provided, however, that the
PUD may be developed in stages. The applicant must complete the development
of each stage and of the PUD as a whole in substantial compliance with the
development schedule approved by the County Commissioners.
14.09.02 If the applicant does not comply with the time limits imposed
by the preceding subsection, the County Commissioners shall review the PUD
and may revoke approval for the uncompleted portion of the PUD, or require
that the PUD be amended, or extend the time for completion of the PUD.
14.09.03 Each stage within a PUD shall be so planned and so related to
existing surrounding and available facilities and services that failure to
proceed to a subsequent stage will not have a substantial adverse impact on the
PUD or its surroundings.
14.09.04 If a PUD contains nonresidential uses, they may be constructed
in advance of residential uses if the County Commissioners find that such
phasing is consistent with sound principles of ordered development and will
have no substantial adverse effect on the quality or character of the PUD.
14.10 MAINTENANCE OF COMMON OPEN SPACE
• The Common Open Space of a PUD may be owned and maintained by the property
owners within the PUD or by an organization chosen therefrom or thereby. In the
event that the organization established to own and maintain Common Open Space,
or any successor organization, shall at any time after establishment of the PUD
fail to maintain the Common Open Space in reasonable order and condition in
accordance with the Plan, the County Commissioners may serve written notice upon
such organization or upon the residents of the PUD setting forth the manner in
which the organization has failed to maintain the Common Open Space in
reasonable condition, and said notice shall include a demand that such defi-
ciencies of maintenance be cured within 30 days thereof and shall state the date
and place of a hearing thereon which shall be held within 14 days of the notice.
At such hearing the County Commissioners may modify the terms of the original
notice as to deficiencies and may give an extension of time within which they
shall be cured. If the deficiencies set forth in the original notice or in the
modifications thereof are not cured within said 30 days or any extension granted,
the County Commissioners, in order to preserve the taxable values of the
properties within the PUD and to prevent the Common Open Space from becoming a
public nuisance, may enter upon said Common Open Space and maintain the same for
a period of one year. Said entry and maintenance shall not vest in the public
any rights to use the Common Open Space except when the same has been voluntarily
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dedicated to the public by the owners. Before the expiration of said year,
the County Commissioners shall, upon their initiative or upon the written
request of the organization theretofore responsible for the maintenance of
the Common Open Space, call a public hearing upon notice to such organization,
or to the residents of the PUD, to be held by the County Commissioners, at which
hearing such organization or the residents of the PUD shall show cause why
such maintenance by the County Commissioners shall not, at the election of the
County Commissioners, continue for a succeeding year. If the County
Commissioners shall determine that such organization is ready and able to
maintain said Common Open Space in reasonable condition, the County
Commissioners shall cease to maintain such Common Open Space at the end of
said year. If the County Commissioners shall determine such organization is
not ready and able to maintain said Common Open Space in a reasonable
condition, the County Commissioners may, in their discretion, continue to
maintain said Common Open Space during the next succeeding year and, subject
to a similar hearing and determination, in each year thereafter. The cost of
such maintenance by the County Commissioners shall be paid by the owners of
properties within the PUD that have a right of enjoyment of the Common Open
Space, and any unpaid assessments shall become a tax lien on said properties.
The County Commissioners shall file a notice of such lien in the office of the
Garfield County Clerk and Recorder upon the properties affected by such lien
within the PUD and shall certify such unpaid assessments to the County
Commissioners and the Garfield County Treasurer for collection, enforcement,
and remittance in the manner provided by law for the collection, enforcement,
and remittance of general property taxes.
14.11 FEE
The County Commissioners may establish a fee schedule for PUD applications
to cover the costs of processing and review in addition to the fee required
for processing other Zone District Amendments.
14.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN
14.12.01 The provisions of the Plan relating to the use of land.and the
location of Common Open Space shall run in favor of the County and shall be
enforceable in law or in equity by the County without limitation on any powers
or regulation otherwise granted by law.
14.12.02 All provisions of the Plan shall run in favor of the residents,
occupants and owners of the PUD, but only to the extent expressly provided in
the Plan ane in accordance with the terms of the Plan, and, to that extent,
said provisions, whether recorded by plat, covenant, easement, or otherwise,
may be enforced at law or in equity by such residents, occupants, or Owners
acting individually, jointly, or through an organization designated in the
Plan to act on their behalf.
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•
14.12:03 All those provisions of the Plan authorized to be enforced by
the County may be modified, removed, or released by the County, subject to the
following:
(1) No modification, removal, or release of the provisions of
the Plan by the County shall affect the rights of the
residents, occupants and owners of the PUD to maintain
and enforce those provisions at law or in equity; and
(2) No substantial modifications, removal, or release of the
provisions of the Plan by the County shall be permitted
except upon a finding by the County, following a public
hearing called and held in accordance with the provisions
of C. R. S. 106-6-4 (1)(f), that the modification, removal,
or release is consistent with the efficient development
and preservation of the entire PUD, does not affect in a
substantially adverse manner either the enjoyment of land
abutting upon or across a street from the PUD or the public
interest, and is not granted solely to confer a special
benefit upon any person.
14.12.04 Residents and owners of the PUD may, to the extent and in the
manner expressly authorized by the provisions of the Plan, modify, remove,
or release their rights to enforce the provisions of the Plan, but no such
action shall affect the right of the County to enforce the provisions of the
Plan.
14.13 Severability
If any provision of this Amendment is invalidated by a definitive decision
of a court of competent jurisdiction, it is hereby declared to be the legislative
intent that the effect of the decision shall be limited to the provision which
is expressly stated in the decision to be invalid and the decision shall not
affect, impair, or nullify other provisions of this Amendment or this Amendment
in its entirety.
14.14 ENACTMENT CLAUSE
Upon approval and adoption by the Board of County Commissioners of Garfield
County, Colorado, a certified copy of this Amendment shall be filed, according
to law, in the office of the County Clerk and Recorder of Garfield County,
Colorado. This Amendment shall become of full force and effect as of the date
of its adoption, this being the 11 day of November, 1974.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLOR2 DO
ATTEST:
e7
Garfield County Clerk
• Commissioner
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Co_mmissione