HomeMy WebLinkAbout2.1 Staff Report PC 09.14.16 Cont. from 07.13.16Planning Commission Exhibits
September 14, 2016, Continued from July 13, 2016
Text Amendment TXTP-OS- 1 6-8457
Exhibit
Number
Exhibit
1 Staff Report and Exhibits dated July 13, 2016
2 Staff Memorandum dated September 14,2016
3 Staff Presentation dated September 14,2016
4 Redline copy of Article 3
5 Redline copv of Article 4
6 Redline copv of Article 5
7 Redline copy of Article 6
8 Redline copy of Article 7
9 Redline copy of Article 8
10 {aDo'rc,--alblttofu*Sa{?a+ttr,tDrl€,ro-r
Planning Commission Exhibits
Text Amendment TXTP-0S-1 6-8457 601 1
EXHIBI?
I
Exhibit
Letter
(A to Z)
Exhibit
A Proof of Publication
B Garfield County 2013 Land Use and Development Code, as amended
c Garfield County Comprehensive Plan of 2030, as amended
D Application
E Staff Memorandum
F Staff Presentation
G
H
I
J
{A
Gurfield County
PUBTIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted foryour pubtic
hearing. ln addition, please initialon the blank line next to the statements if they accurately reflect the
descrlbed action.
My application required written/mailed noUce to adjacent property owneni and mlneral
on ners.
Mailed notice was completed on the _ day of
All owners of record within a 200 foot radius of the subject parcel were identlfied as
shown in the Clerk and Recorder's office at least 15 catendar days prior to sending
notice.
All owners of mineral interest in the subiect property were identified through records in
the Clerk and Recorder or Assessor, or through other means [listl
. Please attach proof of certified, return receipt reguested mailed notice.
My appllcation required Published notice.
tr
-d- Notice was pubtishe aon.un" lbha.v or r,lUNF- - . 2016. (l b- Oai NC-(,LG
please anach proof of pubtication in the Rifle cirizen Telesram. Ree.^(ntr)
My application required Posting ol Notice.
Notice was posted on the _ day of
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
Name:
Slgnature:
Date:
I testify that the above information is true and accurate.
PUBLTC NOTICE
Take Notice that the Director of Community Development has applied to the Planning
Commission to amend multiple articles of the Land Use and Development Code including
modifications to lot slope in Article 3, clarification of code requirements for process and
procedures in Article 4, and other clarifications and corrections to code provisions in Articles 3,4,
5, 6, and 7.
All persons affected by the proposed text amendment are invited to appear and state their views,
protests or support. If you cannot appear personally at such hearing, then you are urged to state
your views by letter, as the Planning Commission will give consideration to all comments received,
in deciding whether to approve, modify or deny the text amendments. The application may be
reviewed online at http://lvww.gar{ielcl:qounty.cq$/puhljs-rFqqrdslcountv:dqaulnsintq.q.so* by
putting the file number TXTP-OS- I 6-8457 into the search box, or at the office of the Community
Development Department located at 108 8th Street, 4th Floor, Garfreld County Administration
Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday
through Friday.
A public hearing on this request has been scheduled for the l3'h day of July at 6:00 p.m. in the
County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street,
Glenwood Springs, Colorado.
Frl, Jun 10, 2016
12171722
08:05:42
Ad Tlcket #5
Namg. Garfield CountY Building
AddfgSS. 108 8th Street - Ste 401
Gity: Glenwood SPrings
State: CO
ACCI: 10086s9
PhOne' (e70)e4s-8212
E-Mai I . TALLEN@GABFIELD-COU
CIient:
Callef : Kathy Eastley, AICP
_Receipt Zip: 81601
Ad Name: 121717224
Editlons:8CT/
Start: 06/16/'16
Color:
CopylinE: ct Amend Land Use and Developm
Lines: 37
Depth: 3.1
Columns: 1
Discount: 0.00
Cornmission: 0.00
Net: 0.00
Tax: o'oo
19.72Total
Payment 0.00
lssue 1
Hgp' Pl Legals
PUBLICNONCE
Ta.ka tlolh€ that lhe Olr€ctor c, Csnmuntty O€vel-
mment lEs aoDllsd fo lhs Plannlno C.rillmlsdon to
aine nd m uttlritb arilcl€s d lhe La-nd Use ard De'
v€lopment Code lrrluding mdlltcaliorrs to ld gopo
ln Aitlcle 3, clarlllcallon d codo rsqulrem€nls tor
Droc€ss and orocedures ln Artlcle 4, and othet
hantlcallons aird cdr€cliffis lo codo prot/islms h
Arllcles 3, 4, 5, 6; and 7.
Ail porens dleclocl by lhe propos€d loxt amend'
meirl are lnvlted lo appear and state tholr views.
protoEts oa srjpporl. ll you canrd appgar p€rssl'
alv at stEh hb8llno. lh€n vou aro urqBd lo 6ta!0
vo[.r views bv lorloi. as thePlannlng CornmlsCdl
ivlll oive corsiderallon lo all mmm€nls lecolvsd. ln
decElng whether to approve, mcdily or d€ny lhe
loxl amlndments, Th'6 appllc8llon msy be re'
dewBd onllne al
lv DovoloDment Dooattmenl
Streel, 4ih Floor,'Garlleld
Original ld: 0
Class: 0990
Stop: 06/16/16
alce ol the
localed al 108 8lh Streel, 4lh Floor, Garllold
Cq.Jnly A&nlnlstrglldl Bulldlng, Glenur@d Springs'
cclorido betwDen the hflrs d 930 am. 8rd 5S0
p,m., Itjbrday ltrqrgh Frlday.
A oublh hearlno trr llis loouod hall besn schgd-
ulird tor the l3[h dsv ot .trilv a 6:00 p.m. ln lhe
Cq,rnty cctn m I sslon'ers Meritl ng Hoom . Gart I eld
Counti Admlnlslrallon Bulkllng, 108 8lh Strool,
Glenwoott Sprlngs. CddS.
Publlshsd ln th€ Ollren Telegram June '16.20i6.
1121717221
Ad shown is not actual print size
TYPE OF REVIEW:
FII".E NUMBER:
APPLICANT:
DATE:
Text Amendment to the Garfield County Land Use and Development C-ode
Varlous
TlrP-os-16-8457
Community Development
July 13,2016
r. PROPOSATDESCilmON
!n the course of administering the Land Use Code both planning and legal staff have identified code
sections that could be improved, clarified or restated. These lmprovements are proposed to code sections
contained in Articles 3,4,5,6 and 7 of the 2013 land Use and Development Code, as amended.
II. PROPOSED AMEilDMEiITSTOTHE I.A]IID USE CODE
Proposed Land Use and Deyelqpment Code Amendments
ARTICTE 3 existing proposed
Table 3-
Page3-S 2Ol
Page 3-5 3-302 D.
Table 3-
Page 3-7 301
Table 3-
Page3-15 303A
ARTICTE 4
Maximum Floor Area Ratio
General Restrictions and
Measurements - [ot Slope
Floodplain otrerlay Use
Restrlction Table
Airport Ove rlay Restriction
Table
Common Review Procedures
and Required Notice
Amendments to an Approved
LUCP
MinorTemporary Housing
Facility
call.up to the Bocc
Rezoning
0.s0/r.o
D.1and2
Footnote 4
zt-107Temp
Housing Facility &
4-113 Rezoning
process and
decision maker
confusing
8.11.language
standard process
50% in R5, RU, CL and CG
Delete D.2. - keep D.1.E21
add Gravel PiVExtraction to the
table with a P under "Areas
outside of Floodway.-'
add subject to 3-303 8., 7-802
and 7-803
Temp housing Notice
req ui rements/add process for
zone corrections in 4-113
clarify if minor amendment
requires an Mministrative
review or lf it is just approved
consistent notice with
Administrative review
charge from 'challenged' to
'issued'
add correction process to
change the map
Table&
Page4-7 LAz
Page4-9 4-106
Page4-10 4-LO7
Page4-t7 4-tLZ
Page4-17 4-113
Planning Commission, July 13, 2015
Code Amendments
ARTICLE 5
Table 5-
Page 5-3 103
Page 5-5 5-301
ARTICTE 6
Page 6-8 6-302
ARTICLE 7
PageT-7 7-20tE.
PageT-7 7-201E.5.
PaCeT-7 7-zgtE.t.
Common Review Proced ures
and Required Notice
Minor Subdivision Review
Description of Submitta I
Requirements
Agricultural Land
lrigation ditch maintenance
easement
lrrigation ditches
Accessory Structure
Final Plat
c.1 under review
criteria
5-302 B.
lrrigation Ditches
"...shall
indicated..."
notes on plats and
site plans only
when a ditch exists
Change and to or
and include fence,
etc as examples
add a check in "Referral Agency"
add in "...Code, including
Articles L, 2, !, 4, and 7"
Change subsections from a and
b to 1 and 2; remove "is" from
first line of b.
E.1. remove staff note
"...shall be indicated..."
Page 7-56 7-12OlB.
III. IUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-114 outlines the procedures and criteria for consideration of a tand Use Code Text Amendment
request to the LUDC. The criteria for approval of a land Use Code Text Amendment are as follows:
1. The proposed text amendment is in compliance with any applicable intergovernmenta!
agreements; and
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not conflict with State law.
The proposed text amendment does not conflict with State law.
IV. PTANNING COMMISSION CONSIDERATION
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ARIICLE 3
Toble 3-303A
Toble 3-201 Moximum Floor Areq Rotio o.so/1.o
Generol Restrictions ond Meosurements - Lot
Slope D, I ond 2
Toble 3-3Ol Floodploin Overloy Use Restriction Toble
Airport Overloy Restriction Toble
50o% in RS, RU, CL ond CG
Delete D.2. - keep D.l.E2l
odd Grovel Pir/Extroction ro the toble with o
P under "Areos outside of Floodwoy..."
odd subiect to 3-303 8.,7-802 ond 7-803Footnote 4
ART!CLE 4
Toble 4-102
4-106
4-107
4-1 12
4-r r3
wwwffiwffiBER*ffiffiwffi
Common Review Procedures ond Required
Noiice
Amendments to on Approved LUCP
Minor Temporory Housing Focility
Coll-up to the BOCC
Rezoning
4-107 lemp Housing
Fociliry & 4-l l3 Rezoning
process ond decision moker
confusing
B.l l. longuoge
stondord process
Temp housing Notice requirements/odd
process for zone corrections in 4-1 I 3
clorify if minor omendment requires on
Administroiive review or if it is iust opproved
consistent nolice v/ith Administrotive review
chonge from'chollenged' to'issued'
odd correction process io chonge the mop
ARTICLE 5
Common Review Procedures ond Required
Notice
Minor Subdivision Review
Finol Plot
c,l under review criterio
odd o check in "Referrol Agency"
odd in "..,Code, including Articles l, 2, 3, 4,
oncl /
ARTICLE 6
Description of Submittol Requirements
Chonge subsections from o ond b to I ond 2;
remove "is" from first line of b.
ARTI(LE 7
E.l. remove stoff note
"...sholl be indicoted..."
lrrigotion Ditches
"...sholl indicoted..."
Accessory Structure
notes on plots ond site plons
only when o ditch exists
Chonge ond to or ond
include fence, etc os
exomples
TYPE OF REVIEW:
FILE NUMBER:
APPLICANT:
DATE:
Text Amendment to the Garfield County Land Use and Development Code
Various
TXTP-05-16-8457
Community Development
September 14,2016, Continued from July 13,2106
I. PROPOSAL DESCRIPTION
The Planning Commission opened a public hearing on July L3, 201.6 to consider amendments to the
Garfield County 2013 Land Use and Development Code, as amended. one of the proposed changes was
to delete Section 3-302 D. regarding lot slope and to rely upon the slope standards in Section 7-402 and
7-207 F. The Planning Commission requested additional information related to this proposed change
which is included in this report. ln addition to this clarification staff is including two additional minor
corrections that need to be added in to the overall proposed amendments.
II. PROPOSED AMENDMENTS TO THE LAND USE CODE
Staff identified two additional minor changes as follows:
1.. Section 6-203 B.1.b.(2)
(2)Should the Applicant contest the decision made by the Director that the proposed
amendment constitutes a Substantial Modification, the Applicant may requrest the
decision by called-up to the BOCC pursuant to section -\LZ.B and C.
This proposal is to correct the misspelling of 'request' in line 2.
2. Section 8-201A.10.
The proposal for compliance with all provisions of the Affordable Housing Guidelines
maintained by the Garfield county Housing Authority (GCHA) or other Approved
Affordable Housing Entity (AAHE).
The proposed change is to delete "Affordable Housing Guidelines" and replace it with
"lnclusionary Zoning Guidelines, Division 4 in this document" to that this section would read:
The proposal for compliance with all provisions of the lnclusionary Zoning Guidelines,
Division 4 in this document as maintained by the Garfield County Housing Authority
(GCHA) or other Approved Affordable Housing Entity (AAHE).
10.
10.
1lr.;e
Planning commission, september 1,4,2106 continued from July 73, 2016
Code Amendments
Clarifications related to the deletion of slope restrictions contained in Article 3 include:
Existing Code Language:
Section 3-202 General Restrictions and Measurement
B. Lot Slope.
1. Lot Size Less Than L Acre. Original and undisturbed Slope in excess of 30% shall
not be credited toward lot area in determining whether the minimum lot area
requirements will be met.
Staff proposes to move subsection 1. to Section 7-402 A., Subdivision Lots as this subsection appears to
be related to division of land rather than zoning which is the intent of Article 3.
staff proposes to delete subsection 2 and instead to rely solely upon the slope standards in section 7-207
F. Slope Development and the lot standards contained in section 7-402 subdivision Lots, to determine
the appropriateness of lot size in creating lots in areas containing slopes of 3O%or greater. The existing
code language is potentially problematic as it prohibits development in areas that may in fact be
appropriate for development. The appropriateness of development, as determined by a qualified
professional engineer. ln fact the language regarding Lots Size 1 acre or Greater would require that a 1
acre lot provide a 1 acre building envelope, and that development of a single family home necessitates 1
acre in order to build.
Staff instead proposes to rely upon Section 7-207 F., below, that contains adequate safeguards and
minimum standards regarding slope development.
F. Slope Development.
Development on Slopes 20% or greater shall only be permitted to occur if the Applicant
demonstrates that the development complies with the following minimum requirements and
standards, as certified by a qualified professional engineer, or qualified professional geologist,
and as approved by the County:
1. Building lots with 20% or greater Slope shall require a special engineering study
to establish the feasibility of development proposed for the site. The study shall
address feasibility of construction required for the use and describe the
mitigation measures to be used to overcome excessive slope problems.
2. Development shall be permitted to occur on Slopes greater than 30% only if the
Applicant demonstrates that the development cannot avoid such areas and the
development complies with the following minimum requirements:
a. Cutting, filling, and other Grading activities shall be confined to the
minimum area necessary for construction.
b. Development shall be located and designed to follow natural grade,
rather than adjusting the site to fit the structure. Roads and driveways
built to serve the development shall follow the contours of the natural
terrain and, if feasible, shall be located behind existing landforms.
be require*
2liz;:,t
Planning commission, september L4, 2106 continued from July L3,2016
Code Amendments
3' Development on Unstable or Potentially Unstable Slopes. lf a site is identified as
having moderate or extremely unstabre slopes, then development shall be
permitted only if the Applicant demonstrates that the development cannot avoid
such areas and the development complies with certified geotechnical design and
construction stabilization and maintenance measures.
a. Cutting into the Slope is prohibited without provision of adequate
mechanicalsupport.
b. Adding water or weight to the top of the slope, or along the length of the
Slope, is prohibited.
c. Vegetation shall not be removed from the Slope unless the integrity of
the Slope can be adequately maintained.
4' Development on Talus Slopes. Development shall be permitted to occur on a
Talus Slope only if the Applicant demonstrates that the development cannot
avoid such areas, and the development complies with the following minimum
requirements and standards, as certified by a qualified professional engineer, or
a qualified professional geologist, and as approved by the county:
a. The development shall be designed to withstand down Slope movement.
b. The design shall include buried foundations and utilities below the active
Talus Slope surface.
c. Site disturbance shall be minimized to avoid inducing slope instability.
d. The toe of a Talus slope shall not be removed unless adequate
mechanical support is provided.
Staff proposes that the existing slope restrictions contained in Section 3-202 are in fact not necessary forthe following reasons:
7' Article 3 of the LUDC relates to zoning. section 3-202 is not applicable to zoning, but appears to
be directly related to subdivision or creation of lots;
2' Subsection 1. regarding minimum lot size calculations on lots of less than 1 acre is moreappropriately located in subdivision Lot standards in Article 7;
3' Currently the development or creation of lots is subject to compliance with 7-207 F. which isapplicable to areas of 20% slope and greater. This code section states specifically thatdevelopment within these slope areas are subject to additional studies by a qualified professional
engineer to determine if the proposed development complies with minimum standards. Thesestandards would be utilized during the subdivision process to determine the appropriateness ofcreating lots in sensitive slope areas.
4' The existing language in section 3-202 does not account for engineering of a site that may allowfor development on slopes of 30% or greater as permitted by section 7-2o7 F.2.;5' The existing language presupposes that one acre is the minimum area upon which a single familyhome is required to be constructed when in fact an adequately sized area for construction of asingle family home may be much less - for example a home could be constructed within a 100, x100' area which is a quarter of an acre.
Note: Staff has included the redline copies of Articles 3, 4, 5,6. 7 and g in the exhibits so that thecommission can see the changes to each article, including those discussed at the July 1.3,20L6 public
hearing.
3lP;r;;e
Planning commission, september 14,2106 continued from July 13,201,6
Code Amendments
III. IUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-LL4 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment
request to the LUDC. The criteria for approval of a Land Use code Text Amendment are as follows:
1' The proposed text amendment is in compliance with any applicable intergovernmental
agreements; and
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not confrict with state raw.
The proposed text amendment does not conflict with state law.
IV. PTANNING COMMISSION CONSIDERATION
The public hearings on the proposed text amendments included changes, deletions and additions toArticles3,4,5,67,and8. Thisstaff reportdoesnotincludefurtherdiscussionofamendmentsthat
were presented at the first hearing in july, other than clarification of the slope requirements. please seeExhibit 1 which includes the staff report and presentation from the 13th of July or Exhibits 4 - 9, RedlineCopy of Amendments.
Note: This motion can be amended to include any changes that the pc would want to make to the staffrecommended text amendments.
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LUDC TE)(T AMENDMENT
Plonning Commission
September 14, 2O16 -
continued from July 13,2016
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Stoff hod presented numerous odministrotive chonges including corrections, odditionsond deletions ot the public heoring on July 13,2Oi6. The Commission requested thotStoff provide odditionol explonotion ond continued the public heoring to thisdote.regording Secrion 3-202 B. Lor Slope.
S
-
l. REQUEST
ADDITIONAL COR RECTIONS:
Section 6-203 B.l .b.(2)
Should. the Applicont contest the decision mode by the Director thot the proposedomendment constitutes o Substontiol Modificotion, the Applicont ,"y requrest thedecision by colled-rp to the BOCC pursuont to section 4'-i12.8 ond t.
Section 8-2Ol A.1 0.
ThepropoSolforcomplioncewithollprovisionsofthe+nes
mointoined by the Gorfield.Coylty Housing Authority (GCHA) or orher A[provedAffordoble Housing Entity (AAHE).
Reploce with 'lnclusion ory Zoning Guidelines, Division 4 in this documentr,
Ii REQUESI
B. Lol Slope.
I ' Lot Size Less Thon I Acre. Originol ond undisturbed Slope in excess of30% sholl not be credited toword tot oreo in determining whether the
minimum lot oreo requirements will be met.
Move to 7 -402 A.
2' Lot Size I Acre or Greoter. A minimum Building Envelope of I ocr", thot
does not contoin slopes 30% or greoter, sholl beiequired.
Delete
SLOPE REGULATIONS
7-402. SUBDIV|SION [OTS.
AII lots in ony Subdivision sholl conform to the following specificotions:
A. Lols Conform to Code.
Lot oreor.width, frontoge, depth, shope, locotion, ond orientotion sholl conform to theopplicoble zone districf requirerirents ohd other bppropriote provisions of this Code.
l. The Lot Size mgy be increosed for lots developed in oreos posing o potentiol hozord toheolth or sofety dJe to soil conditions or geology.
2. Lot chorocteristics sholl be oppropriote for the locotion of the development ond the type ofuse ollowed.
g:^?9_t]! ond.w-idth of lots sholl be odequote to provide for the.required off-street porking ond loodingfocilities required by the type of use ond develoirment contemploted.
b. The width of residentiol corner lots sholl be sufficient to occommodote the required building setbock fromboth roods.
3. Lot size Less Thon I Acre. originol ond undisturbed slope in excess of 3oo/o sholl not becredited toword lot oreo in determining whether the minimJm lot or"o ,.qr1**ents will be met.
SL()PE REGULATIONS
2' Lot Size I Acre or Greqter. A minimum Building Envelope of I ocrg, thot does not contoinSlopes 30% or greoter, sholl be required.
Stoff proposes to delete this requirement due to slope stondords thot would requireodditionol studies to ossure o sofe building site on o proposed lot with slopes oi SOot"or greoter.
7-2O7 F. Slope Devetonment.
Development on slopei 20% or greoter- sholl only be permitted to occur if the Applicont demonstrotes
T:',Ifi,::::ru:,:l:?:tli::ji:n^:.111.:":1,til; i.q,i'",."ii onj;;;i;il;,;;erriried bvquolifiedprofessionol engineer,quolif ied professionol geologist,ond opproved by theor,vi, v, yvv,,,,sv p,v,s:)r(rn(r geotogtsr, ond os opproved by the County:
l ' Building lots with 20% or oreoter.slope sholl require o speciol engineering study to estoblish thefeosibility of developmeni oioranrriran r^, +r.-..-^.__r -,:-__p,lr?d
for.the site. The srudy'sholl odd-ress feo-sitiliti oi Ion-rtrr.tionrequired for the use clnd describe the mitigofion meosures to be used to overcome excessive Slopeproblems.
2' Development sholl be permitted to occur on slopes greoter thon 3o%only if the Applicontdemonstrotes thot the development connot qvoid such Ireos ond the development compties with thefollowing minimum requirements:
o' cutting' filling, ond other Groding octivities sholl be confined to the minimum oreo necessory for construction.b' Development sholl be locoted ond designed to fotlow.nojulo.l grode, rother thon odiusring the site to fit the structure.[ti;:l**:'f[:ffi3':X,ffii:*?:*::;ropment shorr rorr&ihe contours or the noturir terroin o"J, ir reosibrs
3' Development on Unstoble or. Potentiol.ly Unstob.le.slopes. lf o site is identified qs hoving moderoteor extremely unstoble slopes, then development sholl o! p.rritted only if the Applicont demonsrrotesthot the development connot qvoid such "i.or ond the devetopment complies with certifiedgeotechnicol design ond construction stobilizotion ond mointenonce meosures.o' cutting into the Slope is prohibited without provision of odequote mechonicol support.b' Adding woter or weight to the top of the slope, or otong the length of the Slopg is prohibited.c' vegetotion sholl not be removed from the slope unless the integrity of the Srope con be odequotely mointoined.
PLANNING COMMISSION
D E L I B ERATI 0 N/RECoMMEN DATI 0 N
GARFIELD COUNTY, COLORADO
Article 3. Zoning
Anrrcle 3
ZoulNc
Tnare or CoNTENTS
GARFIELD CoUNTY LAND UsE ANo DEVELoPMENT CODE
GARFTELD couNw LAND usE AND DeveloplreNr cooe-
ARTICLE 3: ZONING
The following zone districts are established.
A. Rural(R).
The Rural Zone District is comprised of the County's rural residential areas, agriculturalresource lands, agricultural production areas, and natural resource areas. Uses,
densities, and standards established for this zone district are intended to protect the
existing character of the area from uncontrolled and unmitigated residential, commercial,and industrial use. The zone district provides for the use of natural resources,
recreational development, rural residential, and other uses.
B. Commercial, General (CG).
The General Commercial Zone District provides for General Retail, service, and
recreation-oriented commercial businesses intended to serve the County as a whole.
Clustering of business development in centers is encouraged. Development standardsand review criteria are specifically intended to discouiage strip development and
encourage low-scale, low-im pact com m ercial areas.
C. Commerciat, Limited (CL).
The Limited Commercial Zone District provides for a limited range of commercial usesneeded to meet the shopping needs of residents in the adjacent neighborhoods.
Businesses are to be oriented to the neighborhood and compitible with -surrounding
residential uses.
D. lndustrial (l).
The lndustrial Zone District provides appropriate areas for industrial businesses inlocations where conflicts with residential, commercial, and other land uses can be
minimized.
E. Public Lands (pL).
The Public Lands Zone District shall include all land owned by the U.S. Government or
the State of Colorado, located in the unincorporated area of the County and not included
in any other zone district.
F. Public Airport (PA).
The Public Airport Zone District is comprised of County land designated for uses
supporting public use airport operations in Garfield County. Land uie in the public
Airport Zone District shall be guided by the Airport Master Plan and the Airport Rules
and Regulations.
G. Residential - Manufactured Home park (RMHp).
The Residential - Manufactured Home Park Zone District allows for development where
spaces are either sold or leased for placement of Manufactured Homes in a park-like
setting, and these homes are used as permanent single-Family Dwelling Units.
H. Residential - Suburban (RS).
The Residential - Suburban Zone District is comprised of low-density suburban
residential uses developed to maintain a rural character.
GARFTELD CouNw LAND UsE AND DEVELoPMENT CoDE 3-1
l. Residential - Urban (RU).
The Residential - urban Zone District is comprised of high-density urban residential
uses, including multi-family developments.
J. Resource Lands.
The Resource Lands Zone District shall be subclassified into the following zones:
1. Gentle Slopes and Lower Valley Floor (RLGS). The subdistrict identified
as Gentle Slopes and Lower Valley Floor is defined as the colluvial and
alluvial soil at the base of Talus Slopes in the Lower Valley Floor.
2. Talus Slopes (RLTS). The subdistrict identified as Talus Slopes is
defined as loose deposits of rock debris accumulated at the base of Talus
Slopes in the Lower Valley Floor.
3. Escarpment (RLE). The subdistrict identified as Escarpment is defined as
the fixed bedrock forming vertical or near vertical parts of the canyon
walls.
4. Plateau (RLP). The subdistrict identified as plateau is defined as the
rolling lands of the higher elevation in the Resource Land Zone Dishict,
typically found above the Escarpment subdistrict.
}tr02; ESTABLISHMET{T OF OVHRLAY ZONE OISTRIGTS.
Overlay Zone Dishicts are superimposed over the existlng zone district, and Overlay Zone
District regulations are in addition to those of the underlying zone district, unless otherwise
provided in this Code. Use restrictions and standards for the individual Overlay Zone Districts
are set forth under Division 3 of this Article, Overlay Zone District Regulations. The following
Overlay Zone Districts are established:
A. Floodplain Overlay.
1. Purpose. The purpose of the Floodplain Overlay is:
a. To minimize and prevent adverse effects of proposed
development on the flood-carrying capacity within the 10O-year
Floodplain;
GARFIELD CouNw LAND UsE AND DEVELoPMENT coDE
b. To minimize flood losses by restricting or prohibiting uses thaf are
dangerous to public health, safety, and property in times of
flooding; and
c. To regulate development that would alter or increase the potential
damage or impacts of a major storm or exacerbate the Floodplain
impacts on other tracts of land.
2. Boundaries and Jurisdiction. Reports and maps establishing the
Floodplain Overlay District and Floodplain subdistricts are incorporated
herein, pursuant to section 1-109, lncorporation and lnterpretation ofMaps. The Overlay District shall be comprised of all lands within a
Special Flood Hazard Area (SFHA), as follows:
a. Lands Within Designated 100-Year Floodplain. This includes
lands identified as within the designated 100-year Floodplain as
mapped on the Flood lnsurance Rate Maps (FIRM), or identified inthe "Flood lnsurance Study, Garfield County, Colorado,
Unincorporated Areas" dated August 2, 2006, and the
accompanying flood maps titled "Flood Boundary Maps, Floodway
Maps and Flood lnsurance Rate Maps, Garfield County, Colorado,
Unincorporated Areas," as the same may be amended from time
to time; or
b. Lands Not Within a FIRM-ldentified 10O-Year Floodplain. When
Development (including an application for a Land Use Change
Permit and divisions of land), indicates or suggests that an area of
the site may be in a SFHA, but for which area no FIRM maps have
been previously prepared, the property owner or Applicant shall
provide Floodplain studies, including appropriate maps, conducted
and certified by a qualified professional engineer experienced in
hydrology and hydraulics. These studies shall, at a minimum,
determine the type of SFHA the property is within, including the
depth and elevation of the Base Flood for the entire area of the
site and for 200 yards upstream and downstream from the site,
with an appropriate cross section.
c. Areas Removed From the 100-Year Floodplain. Those areas
removed from the Floodplain by the issuance of a FEMA Letter of
Map Revision Based on Fiil (LOMR-F).
Drinking Water Constraints Overlay.1. Purpose. The purpose of the Drinking Water Constraints Overlay is to
ensure a safe domestic water supply for all land use within the Overlay
District which includes human consumption of ground water.
2. Boundaries and Jurisdiction. Reports and maps establishing the Drinking
Water Constraints Overlay District are incorporated herein, pursuant to
section 1-109, lncorporation and lnterpretation of Maps.
AirporUHeliport lnfluence Area Overlay.1. Purpose. The purpose of an AirporUHellport lnfluence Area Overlay is:
a. To support and encourage the continued operation and vitality of
the County Airport and Heliport;
B.
c.
GARFIELD CoUNw LAND UsE ANo DEVELoPMENT coDE
b.To reduce potential safety hazards for pEEons tivrng, wo*rng, or
recreating near the County Airport and Heliport by establishing
(1)
(2t
(3)
(41
b.
d.
2.Boundaries and Jurisdiction. Plans and maps establishing the
AirporuHeliport lnfluence Area overlay District are incoiporated hierein,
pursuant to section 1-109, lncorporation and lnterpretation of Maps. The
!r9!ri9t snatt be comprised of the Airport lmaginary Surfaces dehned by
FAR Part 77 and this Code, and include the foliowing:
Airport lmaginary Surfaces. All lands, waters, and airspace, orportions thereof, that are located within the boundaries of thePrimary Surface, Runway Protection Zone (RpZ), Approach
Surface, Horizontal Surface, Conical Surface, and Transitional
Surface. The AirporUHeliport's lnfluence Area Overlay District,s
boundaries shall be the outer extremities of the boundiries of the
lmaginary Surfaces.
Noise lmpact Boundary. The Noise lmpact Boundary incorporates
areas within 1,500 feet of an Airport Runway or within established
noise contour boundaries exceeding 55 Ldn as depicted in the
AirporUHeliport's Layout Plan. lf the Noise lmpact Boundary
extends beyond the extremities of the lmaginary Surfaces, the
AirporVHeliport lnfluence Area Overlay Districi boundaries shall be
extended to incorporate the Noise lmpact Boundary.
Partial lnclusion. lf a structure, lot, or parcel of land lies partly
within the AirporUHeliport lnfluence Area Overlay, the part of thestructure, lot, or parcel lying within the Overlay District shall meet
all requirements for the AirporUHeliport lnfluence Area Overlay.
Notice of Land Use and Permit Applications. The Director shallprovide to the Airport Sponsor and to the BOCC written notice of
any proposed land use located within the AirporUHeliport lnfluenceArea Overlay, unless the proposed land use meets all of the
following criteria:
compatibility and safety standards to promote air navigational
safety; and
To minimize environmental impacts resulting from the operation of
the County Airport and Heliport.
All structures, including nonhabitable structure or building
appurtenances, are less than 35 feet in height;
lnvolves property located entirely outside the Approach
Surface;
Does not involve industrial, mining, or similar uses that
emit smoke, dust, or steam; sanitary landfills or water
impoundments; or radio, radiotelephone, television, or
similar transmission facilities or electrical transmission
lines; and
Does not involve Wetland mitigation, enhancement,
restoration. or creation.
GARFIELD CoUNTY LAND USE AND DEVELoPMENT cooE
The purpose of this Division is to identify the lot and building restrictions for each zone district.
ln addition to these general requirements, all land uses shall comply with the applicable
standards set forth in Article 7, Standards.
g:201.. AQNE DISTRICT DIIIiENSIONS"
Table 3-201 identifies the dimensional standards for each zone district.
Minimum
Lot Areal
Maximum
Lot
Coverage
l'/.)
Maximum
Floor Area
Ratio
Fronl R6ar Side2
Zone District Arterial Local
F(Urat
R 2 acres R: 15 N/A 50 25 25 10 R:25
NR:40
Residential - Suburban
ElS 20,000 s.f.50 ssoH
600/^50 25 25 '10 25
Residential - Urban
RU 7,500 s.f.50 o€lw_50 25 25 '10 25
Residential-Manufactured
Home Park
MHP
2 acres 50 50 25 25 '10
uommercrat - Ltmtreo
CL 7,500 s.f.NC: 75
C: 85 500/"50 25 K: ZC
C:7.5 10 40
Commercial - General
CG 7,500 s.f.NC:75
C: 85
0s0f-1=o
qooa 50 25 R:25
C: 7.5
'10 40
lndustrial
I 21,780 s.l.IJ N/A 50 25 25 10 40
Plateau
RLP 35 acres 25 25 25 50
ESCarpmenl
RLE 35 acres 25 25 25 25 50
Talus Slopes
RLTS 35 acres 25 25 25 50
Gentle Slopes
RLGS
35 acres K: tc 25 25 10 75
Public Airport
PA
Subject to FAA, FAR Part 77, Airport Layout
Plan, Building Codes, and other applicable
Federal, State, and local standards and
regulations
t,uoilc Lanos
PL
1.
2.
3.
Unless otheMise required by section 7-105, Adequate Central Water Distribution and Wastewater System.
Or % of building height, whichever is greater.
Telecommunication Facilities may exceed maximum height provided they are reviewed (if required) and approved
pursuant to Table 3-403, Use Table.
Parapet walls may exceed building height limitations by 4 feet.
Stacks, vents, cooling towers, elevator cupolas, towers, and similar noninhabitable building appurtenances, and
cuoolas. soires. and belfries constructed as oart of a Place of Worshio shall be exemot from heioht limitations.
4.
5.
GARFIELD CoUNTY LANo USE AND DEVELoPMENT CoDE 3-5
3.202. GENERAL RESTRICTIONS AND MEASUREMENTS.
A. Frontage.
Unless othenvise provided by this Code, each lot shall have a minimum of 25 lineal feet
offrontage on a dedicated street or road right-of-way providing access.
B. Through Lots.
On lots extending from 1 street to another paralleling street, both streets shall be
considered as front streets for purposes of calculating front yard setbacks.
C. Corner Lots.
On lots bordered on 2 contiguous sides by streets, the required front yard setback shall
be observed along both streets.
D. Lot Slope.
'1. Lot Size Less [han 1 Acre. Original and undisturbed Slope in excess of
30% shall not be credited toward lot area in determining whether the
minimum lot area requirements will be met.
E. Row House.
For purposes of setback calculations, only those row houses that do not share a
common wall with an adjacent row house need to observe the required side yard
setback for the district.
F. Partially Developed Frontages.
On a vacant lot bordered on 2 sides by previously constructed buildings that do not meet
the required front yard setback for the district, the required front yard setback for the
vacant lot shall be established as the averaged front yard setback of the 2 adjacent
buildings; where a vacant lot is bordered on only 1 side by a previously constructed
building that does not meet the required front yard setback for the diskict, the required
front yard setback for the vacant lot shall be established as the averaged front yard
setback of the adjacent building and the minimum front yard setback for the zone district.
G. Projections.
Every part of a required yard shall be unobstructed from ground level to the sky except
for projections as shown in Table 3-202.
Commenbd IKAEII: This sstion is prcpo*d to be moved to
Section 7-402 A.
Commented [KAE2]: Remove reference to a minimum
"building envelope" and rcly upon the slop. development
standa.ds in 7-267
GARFIELD COUNTY LAND USE ANO DEVELOPMENT CODE 3-6
A. Use Restrictions in the Floodplain Overlay.
The following use restrictions shall apply to areas within the Floodplain Overlay:
B. General Standards.
ln the Floodplain overlay, the following provisions are required for all New construction
and Substantial lmprovements:
1. All New Construction or Substantial lmprovements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
Occupatign of permanent or temporary structures
Development or use of overnight Campgrounds P
Solid Waste Disposal Sites
Central collection Sewage Treatment Facilities P
Storing or processing of materials that are buoyant, flammable, explosive, or
otheruise potentially injurious to human, animal, or plant life
Uses that may result in an adverse effect on the efficiency ofthe Floodway
or change the direction of flow or cause any increase in BFE
Uses that may result in substantial solid debris or significant sediment being
carried downstream by floodwaters
Agricultural uses such as general farming, grazing of livestock and horses,
truckfarming, sod farming, and wild crop haruesting;
P P
Lawns, open areas, gardens, driveways, and play areas that are accessory to
residential uses
P P
Loading areas, railroad rights-of-way, parking areas, Airport Landing Strips,
and storage yards for equipment or machinery easily moved or not subject
to flood damage, that do not require asphalt paving
P P
Recreational and Open Space structures and uses not requiring permanent
or temporary structures designed for human habitation
p P
Dams, power plants, spillways, transmission lines, pipelines, water
monitoring devices, water supply ditches, irrigation ditches, laterals, and
other underground utilities
P P
Road and highway structures or trails P P
Bank restoration and stabilization P P
Gravel Pit e
GARFIELD CoUNTY LAND USE AND DEVELoPMENT coDE 3-7
2. All New Construction or Substantial lmprovements shall be constructed by
methods and practices that minimize flood damage.
3. All New Construction or Substantial lmprovements shall be constructed with
materials resistant to flood damage.
4. All New Construction or Substantial lmprovements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment, and
other service facilities that are designed and/or located so as to prevent
water from entering into or accumulating within the components during
conditions of flooding.
5. All Manufactured Homes shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
Manufactured Homes must be elevated and anchored to resist floatation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of overthe-top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
6. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
7. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters.
8. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
C. Specific Standards.
ln the Floodplain Overlay, where BFE data has been provided, the following provisions
are required:
1. Residential Construction.New Construction and Substantial
lmprovement of any residential structure shall have the Lowest Floor
(including Basement), elevated to 'l foot above the BFE. A qualified
professional engineer, architect, or land surveyor shall submit a
certification to the Floodplain Administrator.
2. Nonresidential Construction. With the exception of Critical Facilities, New
Construction and Substantial lmprovements of any commercial, industrial,
or other nonresidential structure shall either have the Lowest Floor
(including Basement) elevated to at least 1 foot above the Base Flood
level or together with attendant utility and sanitary facilities, be designed
so that below 1 foot above the Base Flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A qualified professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the
design and methods of construction are in accordance with accepted
standards of practice as outlined in this subsection. A record of such
certification that includes the specific elevation (in relation to mean sea
level) to which such structures are flood-proofed shall be provided to and
maintained by the Floodplain Administrator.
GARFIELD CoUNw LAND USE AND DEVELoPMENT CoDE
4.
Enclosures. New and Substantial lmprovements, with fully
enclosed areas below the Lowest Floor that are usable solely for parking
of vehicles, building access, or storage in an area other than a Basement,
and that are sublect to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either
be certified by a qualified professional engineer or architect and meet or
exceed the following minimum criteria:
a. Provide a minimum of 2 openings having a total net area of not
less than 1 square inch for every square foot of enclosed area
subject to flooding;
b. The bottom of all openings shall be no higher than 't foot above
grade; and
c. Openings may be equipped with screens, louvers, valves, or other
coverinls or devices provided that they permit the unrestricted
entry and exit offloodwaters.
Manufactured Homes.
a. All Manufactured Homes that are placed or substantially
improved or substantially damaged as a result of a flood and
wiihin a SFHA where the BFE is provided on the community's
FIRM shall be elevated on a permanent foundation such that
the Lowest Floor of the Manufactured Home is elevated to 1
foot above the BFE and be securely anchored to a foundation
system professionally designed to resist flotation, collapse, and
lateral movement.
b. All Manufactured Homes placed or substantially improved or
substantially damaged as a result of a flood on sites where no
BFE is provided on the community's FIRM shall be securely
anchored to a professionally designed foundation system to
resist floatation, collapse, and lateral movement and either:
(1) Elevated so that the chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above
adjacent Natural Grade, or
(21 Elevated 1 foot above the flood elevation as determined
by a qualified professional engineer experienced in
hydrology and hYdraulics.
Recreational Vehicles. Require that Recreational Vehicles placed on
sites within SFHA on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use; or
5.
c.Meet the permit requirements of this Code and the elevation and
anchoring requirements for "Manufactured Homes" in paragraph 4-
of this seition. A Recreational Vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by
quick disconnect-type utilities and security devices, and has no
permanently attached additions.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
D. Floodway.
Floodways located within sFHAs are designated as "Floodways." since the Floodway is
an extremely hazardous area due to the velocity of flood waters which carries debris,
potential projectiles, and erosion potential, the following provisions shall apply:
1. Encroachments are prohibited unless it has been demonstrated through
hydrologic and hydraulic analyses, performed in accordance with
siandard engineering practice, that the proposed encroachment would not
result in an, increase in flood levels within the community during the
occurrence of the Base Flood dlscharge. Encroachments include Fill,
New Construction, Substantial lmprovements, and other development
within the regulatory FloodwaY;
2. All New Construction and substantial lmprovements shall comply with all
applicable flood hazard reduction provisions in this Code; and
3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the Natlonal
Flood lnsurance Regulations, a community may permit encroachments
within the regulatory Floodway that would result in an increase in BFEs,
provided that the community first applies for a conditional FIRM and
Floodway revision through FEMA.
E. Standards for Areas of Shallow Flooding.
Areas designated as shallow flooding are located within the SFHAs. These areas have
special flood hazards associated with Base Flood depths of I to 3 feet where a clearly
defined channel does not exist and where the path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply:
1. All New Construction and Substantial lmprovements of residential
structures have the Lowest Floor (including Basement) elevated above
the highest adjacent Natural Grade at least 1 foot above the depth
numbei specified in feet on the community's FIRM (at least 3 feet if no
depth number is sPecified).
2. All New construction and Substantial lmprovements of nonresidential
structures:
a. Shall have the Lowest Floor (including Basement) elevated above
the highest Natural Grade at least 1 foot above the depth number
specified in feet on the community's FIRM (at least 3 feet if no
depth number is sPecified); or
b. Shall be designed so that the structure including attendant utility
and sanitary facilities' below 1 foot above the Base Flood
Elevation, are watertight with walls substantially impermeable to
the passage of water and that the structural components have the
capability of resisting hydrostatic and hydrodynamic loads of
effects of buoYancY.
3. Adequate drainage paths around structures are required to guide flood
waters around and away from proposed structures. Drainage shall not
adversely impact adjacent properties.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
@ the Floodplain bY Fill.
A Floodplain Development Permit shall not be issued for the construction of a new
structure or addition to an existing structure on a property removed from the Floodplain
;;il;;.;";.; of a FEMA Letteiof Map Revision Based on LOMR-F, unless such new
structure or addition complies with the following:
1. Residential construction. The Lowest Floor (including Basement),
electrical,heating,ventilation,plumbing,andairconditioning
equipment and oiher service facilities (including dyctwol)' must be
elevated to 1 foot above the Base Flood Elevation that existed prior to
the Placement of Fill.
2. Nonresidential construction. The Lowest Floor (including Basement),
electrical,heating,ventilation,plumbing,andairconditioning
equipment and oiher service facilities (including Oyctwof)' must be
elevated to 1 foot above the Base Flood Elevation that existed prior to
theplacementofFill,ortogetherwithattendantutilityandsanitary
facilities be designed so thatlhe structure or addition is watertight to at
least 1 foot abo-ve the Base Flood Elevation that existed prior to the
placementofFillwithwallssubstantiallyimpermeabletothepassageof
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of buoyancy'
G. Alteration of a Watercourse.
For all proposed developments that alter a watercourse within a SFHA, the following
standards apPlY:
1. Channelization and flow diversion projects shall appropriately consider
issuesofSedimenttransport,erosion,deposition,andchannel
migration and properly mitigate potential problems through the project
as well as upsiream ind downstream of any improvement activity. A
detailed analysis of sediment transport and overall channel stability
shouldbeconsidered,whenappropriate,toassistindeterminingthe
most aPProPriate design.
2. Channelization and flow diversion projects shall evaluate the residual
100-Year FloodPlain'
3.Anychannelizationorotherstreamalterationactivityproposedbya
projectproponentmustbeevaluatedforitsimpactontheregulatory
Ftobopt"in and be in compliance with all applicable Federal, state, and
local Floodplain rules, regulations, and ordinances'
4,Anystreamalterationactivityshallbedesignedandsealedbya
quilitieo professional engineer or certified professional hydrologist.
5. All activities within the regulatory Floodplain shall meet all applicable
Federal,State,andlocalFloodplainrequirementsandregulations.
6. within the regulatory Floodway, stream alteration activities shall not be
constructed inless-the Applicant demonstrates through a Floodway
analysisandreport,sealedbyaqualifiedprofessionalengineer,that
there is no more than a o.d0-foot rise in the proposed conditions
comparedtotheexistingconditionsoftheFloodwayresultingfromthe
project, otherwise known as a No-Rise Certification' A. No-Rise
Certification is not required if the
a
if first for
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
(4)
H.
7. Maintenance shall be required for any altered or relocated portions of
watercourses so that the flood-carrying capacity is not diminished'
Standards for Critical Facilities.
l,ProtectionofCritica|Facilities.ACriticalFacilityisaStructureorrelated
infrastructure, but not the land on which it is situated, as specified in Rule
6 of the Rules and Regulations for Regulatory Floodplains in Colorado'
thatiffloodedmayresultinsignificanthazardstopublichealthanoSalery
or intenupt essential services and operations for the community at any
time before, during' and after a fiood' All new and substantially
improved critical ?acilities and new additions to critical Facilities
located within the SFHA shall be regulated to a higher standard than
structures not determined to be Critiial Facilities. For the purposes of
this Code, protection shall include 1 of the following:
a. Location outside the SFHA; or
b.Elevationorflood-proofingofthestructuretoatleast2feet
above the BFE.
2,lngressandEgressforNewCriticalFacilities.Whenpracticableas
de"termined by'the county, new critical Facilities have continuous
noninundated access (ingress and egress for evacuation and
emergency services) during a 1 OO-year flood event'
3. classification of critical Facilities. lt is the responsibility of the..county
toidentifyandconfirmthatspecificStructuresinthecommunitymeet
the criteiia as follows. critical Facilities are classified under the
following categories:
a.EssentialservicesFacilities.EssentialservicesFacilities
include public safety, emergency response' emergency
medical, designated Emergency Shelters' communications'
Public Utility piant facilities, ind transportation lifelines' These
facilities consist of:
(1) Public safety (police stations, fire and rescue stations'
emergency
- vehicle and equipment storage' and
emergencY oPeration centers);
(21 Emergency medical (Hospitals, ambulance service
centers, urgent care centers having emergency
treatment f-unctions, and nonambulatory surgical
structures but excluding clinics, doctor's offices' and
nonurgent care medical structures that do not provide
these functions);
(3) DesignatedEmergencyShelters;
Communications (main hubs for telephone,
broadcasting equipment for cable systems' satellite dish
systems, cJllular systems, television, radio, and other
emergency warning systems, but excluding towers'
poles, lines, cables, and conduits);
ConOitionat t-etter of Map Revision (CL
GIn661O gO,*'Y LAND USE AND DEVELOPMENT CODE 3-12
b.
(5)Public Utility planl for generation and
distribution (hubs, treatment plants, substations and
pumping stations for water, power and gas, but not
including towers, poles, power lines, buried pipelines,
transmission lines, distribution lines, and service lines);
(6) Air Transportation lifelines (Airports [municipal and
largerl, helicopter pads and structures serving
emergency functions, and associated infrastructure
(aviation control towers, air traffic control centers, and
emergency equipment aircrall hangars);
(7) Specific exemptions to this category include wastewater
treatment plants, nonpotable water treatment and
distribution systems, and hydroelectric power generating
plants and related appurtenances; and
(8) Public Utility plant facilities may be exempted if it can be
demonstrated to the satisfaction of the County that the
facility is an element of a redundant system for which
service will not be interrupted during a flood. At a
minimum, it shall be demonstrated that redundant
facilities are available (either owned by the same utility
or available through an intergovernmental agreement or
other contract) and connected, the alternative facilities
are either located outside of the '1O0-year Floodplain or
are compliant with the provisions of this Article, and an
operations plan is in effect that states how redundant
systems will provide service to the affected area in the
event of a flood. Evidence of ongoing redundancy shall
be provided to the County on an as-needed basis upon
request.
At-risk Population Facilities. At-risk Population Facilities
include medical care, congregate care, and schools. These
facilities consist of:
(1) Elder care (nursing homes);
(21 Congregate care serving 12 or more individuals (day
care and assisted living); and
(3) Public and private schools (pre-schools, K-12 schools,
before-school and after-school care serving 12 or more
children).
Facilities vital to restoring normal services, including
government operations. These facilities consist of:
(1) Essential government operations (public records, courts,
jails, building permitting and inspection services,
community administration and management,
maintenance, and equipment centers); and
l2l Essential structures for public colleges and universities
(dormitories, offices, and classrooms only).
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-1 3
demonstratedtothecountythatthefacilityisanelementofa
redundant system for which service will not be interrupted during a
flood. At a minimum, it shall be demonstrated that redundant facilities
are available (either owned by the same entity or available through an
intergovernmental agreement or other contract), the alternative
facilities are either located outside of the 1o0-year Floodplain or are
compliant with this Code, and an operations plan is in effect that states
how redundant facilities will provide service to the affected area in the
event of a flood. Evidence of ongoing redundancy shall be provided to
the County on an as-needed basis upon request'
3-302, DRINKING WATER CONSTRAINTS OVERLAY REGULATIONS.
A. Permitted Uses.
Uses permitted in the underlying zone district will be permitted in the Drinking Water
Constiaints Overlay District iitha proposed use complies with applicable standards for
the zone district ani the Drinking Water Overlay District standards set forth below.
B. Standards for DeveloPment.
Any proposed use that includes the human consumption of ground watershall be served
by'an approved central water system as defined by the CDPHE Drinking water
Siandards, or from a groundwater source on the property that is treated by a reverse
osmosis water treatrnent system that meets the water quality standards set forth by the
Colorado Water Quality Control Commission"
3.303. AIRPORTIHELIPORT INFLUENCE AREA OVERLAY REGULATIONS'
A. Use Restrictions.
Land use restrictions in the Airport Overlay District are as identified in Table 3-303.A.
GARFTELD CouNw LAND UsE ANo DEVELoPMENT CoDE
B. Standards for DeveloPment.
The provisions of this section are applicable to any application for development in the
AirporUHeliport lnfluence Area Overlay District.
,l.SitePlanlnformation.SubmittalofmapsShowingthefo|lowing
information:
New or Expanded water lmpoundmentso
Footnotes
1 Except those accessory to airport operations.
2 Shall comply with L4CFR Pan77 .9.
3Shall not interfere with navigational signalS or radio communications'
4Subjectto Standards in sections 13Q3-8.-4-3O+8., L8Q2-, arrll1 803-ago2+rxJ 79O3'
5lf potential danger to public safety is minimal.
6 Unless no practicable alternative exisls.
7 upon use of accepted management techniques to reduce existi ng and creation of new wildl ife attractants'
8 Shall comply with FAA circular L5O/52OO-34-
g per Malor lmpact Review and subject to Standards in section 3-303.B.. Shall comply with FM Circular 15Ol5200'3A
10 prohibited if yl aue o( larcet and on land owned by Airport sponsor if necessary for Airport operations.
rt ll 1/4 a$e o( lal get .
L2lf 1/4 a$e ot latger and within 5,000 feet of Runway end'
13 Utilities, power lines, and pipetines located in the hPz shall be underground unless they are lower than the elevation ol
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE 3-1 5
2.
a. Location of the subject property in relation to Airport lmaginary
Surfaces;
b. Location of existing and proposed structures in relation to Airport
lmaginary Surfaces; and
c. Height of all existing and proposed structures, measured in feet
above mean sea level.
Avigation and Hazard Easement. An avigation and hazard easement
allowing unobstructed passage for aircraft and ensuring safety and use of
the Airport for the public, in a form acceptable to the Airport Manager,
shall be provided and dedicated to the County.
a. The avigation and hazard easement shall be recorded in the office
of the County Clerk and Recorder.
b. Applicant shall provide a copy of the recorded instrument prior to
issuance of a Building Permit.
Noise Levels.
a. A declaration of anticipated noise levels for property within the
Noise lmpact Boundary for property within the Noise lmpact
Boundary shall be provided for any proposed Land Use Change,
including division of land, or Building Permit.
b. The Applicant shall be required to demonstrate that a noise
abatement strategy will be incorporated into the building design
that will achieve an indoor noise level equal to or less than 55 Ldn,
for noise sensitive land uses listed as Not Allowed based on a
noise level of 75 Ldn or greater by Table 3-303.8 and located in
areas where the noise level is anticipated to be at or above 55
Ldn.
c. Separation of Noise-Sensitive Land Use. Areas within the Overlay
District shall be administered to encourage land use patterns that
will separate uncontrollable noise sources from residential and
other noise-sensitive areas. The following land use restrictions
shall apply, based upon noise levels:
3.
GARFIELD COUNTY LAND USE AND DEVELOPHENT CODE
<65 55-70 70-75 75.80 80-85 >85
Resideotial Except Mobile Homes & Iransient L!dging P N N N
Mobile Home Parks P N N N N N
Transient Lodging P L N N
Schools, Hospitals & Nursiag Homes P L L N N N
Churc&es, Auditoriums & concert Halls P L L N N N
Gowriment Seryice P P L N N
TEnsportation P P L L
Parking P P L L N
commercial Us€P P L L N N
whole6ale/Retaii - Building Materials, Hardware & Farm
Equipment
P P t L N
Retail Trad. - General P P L L N N
Utilities P P t L L N
com6!ni.atioo P P L L L N
Manotacturing & Production P P L L L N
Photographic & Opti@l P P L L L N
A8rie{lture {Except Livestock) & Foreslry P L L L L L
Livestock Fsdng & greeding P L L N N N
Mining & Fishing P P P P
Outdoo. Sportr Arenas &Spectator Sports P L N N N
outdoo. Music shells,.Amphitheatres P N N N N N
Nature €xhibits.& ZooE P P N N N N
Amurements, Parks, Resons & CemPs P N N N
GolI Caurses, Riding stables & Water R€ffeation p P L N N
a.
Communications Facilities and Electrical lnterference. No use shall
cause or create electrical interference with navigational signals or radio
communications between an AirporuHeliport and aircraft.
Location of new or expanded radio, radiotelephone, and television
transmission facilities and electrical transmission lines within the
AirporUHeliport lnfluence Area Overlay shall be coordinated with
the County and the FAA prior to approval.
The approval of cellular and other telephone or radio
communication towers on leased property located within Airport
lmaginary Surfaces shall be conditioned upon their removal within
90 days following the expiration of the lease agreement. A bond
or other security shall be required to ensure this requirement.
Outdoor Lighting. Lighting other than that associated with AirporUHeliporl
operations shall comply with the following standards:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-17
Lighting shall not project directly onto an existing Heliport, Runway
or taxiway or into existing Airport Approach Surfaces;
6.
7.
8.
b. Lighting shall incorporate shielding to reflect light away from
Airport Approach Surfaces; and
c. Lighting shall not imitate Airport lighting or impede the ability of
pilots to distinguish between AirporUHeliport lighting and other
lighting.
Use of Reflective Materials Prohibited. No glare-producing material
including, but not limited to, unpainted metal or reflective glass, shall be
used on the exterior of structures located within an Airport Approach
Surface or on nearby lands where glare could impede a pilot's vision.
lndustrial Emissions That Obscure Visibility Prohibited. No development
shall, as part of its regular operations, cause emissions of smoke, dust, or
steam that could obscure visibility within Airport Approach Surfaces. The
BOCC shall impose conditions determined to be necessary to ensure that
the use does not obscure visibility.
Height Restrictions.
a. All uses permitted by the underlying zone shall comply with the
height limitations in this section. When height restrictions of the
underlying zone district are more restrictive than those of the
Overlay District, the underlying zone district height limitations shall
control.
b. lf an exception to the height limitation is requested, a written
agreement from the County and the FAA shall be provided.
Penetration of Development into lmaginary Surface Area. No structure or
tree, plant, or other object of natural growth shall penetrate an Airport
lmaginary Surface, except as follows:
a. Structures up to 35 feet in height may be permitted in areas within
AirporUHeliport lmaginary Surfaces, outside the Approach and
Transitional Surfaces where the terrain is at higher elevations than
the Airport Runway/Heliport surfaces such that existing structures
and permitted development penetrate or would penetrate the
Airport lmaginary Surface.
b. Written agreement by the Airport Sponsor and the FM shall be
provided for other height exceptions requested.
Wetland Construction, Enhancement, Restoration, or Mitigation. Wetland
construction, enhancement, restoration, or mitigation projects within the
Overlay District shall comply with the following standards:
a. Wetland projects shall be designed and located to avoid creating a
Wildlife hazard or increasing hazardous movements of birds
across Runways or Approach Surfaces; and
b. Wetland projects that create, expand, enhance, or restore
Wetlands that are proposed to be located within the Overlay
District and that would result in the creation of a new Water
lmpoundment or expansion of an existing Water lmpoundment,
shall demonstrate all of the following:
(1) Off-site mitigation is not practicable;
9.
10.
GARFIELo COUNTY LANO USE AND DEVELOPMENT CODE 3-1 I
'11.
(21 The Wetland project involves existing Wetland areas
regulated under the Overlay District that have not been
associated with attracting problematic Wildlife to the
AirporUHeliport vicinity;
(a) The affected Wetlands provide unique ecological
functions, such as critical habitat for threatened or
endangered species or ground water discharge;
(b) The resulting Wetlands are designed, and shall be
maintained in perpetuity in a manner that will not
increase hazardous movements of birds feeding,
watering, or roosting in areas across Runways or
Approach Surfaces; and
(c) The proposed Wetland project shall be coordinated
with the Airport Sponsor, the BOCC, the FAA and
FAA's Technical Representative, the Colorado
Parks and Wildlife, the U.S. Fish and Wildlife
Service, and the U.S. Army Corps of Engineers as
part of the permit application
Compliance with 14 CFR Part 77.9. Evidence of compliance with 14
CFR Part 77.9 must be provided. 14 CFR Parl 77.9 states that any
person/organization who intends to sponsor any of the following
construction or alterations must notify the Administrator of the FAA:
a. Any construction or alteration exceeding 200 feet above ground
level;
b. Any construction or alteration:
(1) Within 20,000 feet of a public use or military Airport that
exceeds a 100:1 surface from any point on the Runway of
each Airport with its longest Runway more than 3,200 feet;
(21 Within "10,000 feet of a public use or military Airport that
exceeds a 50:1 surface from any point on the Runway of
each Airport with its longest Runway no more than 3,200
feet;
(3) Within 5,000 feet of a public use Heliport which exceeds a
25:1 surface;
c. Any highway, railroad, or other traverse way whose prescribed
adjusted heightwould exceed the above noted standards;
d. When requested by the FAA; and
e. Any construction or alteration located on a public use Airport or
Heliport regardless of height or location.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CoDE
This Division identifies the uses allowed in each zone district and the level of review required for
approval. Unless otherwise specified, the level of review required is based upon the use as a
principal use of the property. Development or use of a property for any other use not
specifically allowed in the use table and approved under the appropriate process is prohibited.
3401. TYPES OF USE REVIEW.
A. By-Right Uses.
By-Right Uses. /P/ in a cell indicates that the use is permitted by right in the zone
district. By-right uses do not require a Land Use Change Permit. However, unless
specifically exempted in Table 3-403, by-right uses are still subject to the standards of
this Code, including the use-specific standards in this Article and the generally
applicable standards of Article 7. Failure to comply with general or use-specific
standards may result in a code enforcement action.
B. Uses Requiring a Permit.
1. Administrative Review Uses. /A,/ in a cell indicates that the use is allowed
only if reviewed and approved as an Administrative Review use in
accordance with the procedures of section 4-103, Administrative Review.
Administrative Review uses are subject to all other applicable regulations
of this Code, including any requirements and use-specific standards in
Article 7, Standards.
2. Limited lmpact Review Uses. /L/ in a cell indicates that the use is allowed
only if reviewed and approved as a Limited lmpact Review use in
accordance with the procedures of section 4-104, Limited lmpact Review.
Limited lmpact Review uses are subject to all other applicable regulations
of this Code, including any requirements and use-specific standards in
Article 7, Standards.
3. Major lmpact Review Uses. /M/ in a cell indicates that the use is allowed. only if reviewed and approved as a Major lmpact Review use in
accordance with the procedures of section 4-105, Major lmpact Review.
Major lmpact Review uses are subject to all other applicable regulations
of this Code, including any requirements and use-specific standards in
Article 7, Standards.
C. Prohibited Uses.
A blank cell indicates that the use is prohibited in the zone district.
3*d02. TABLE ORGANIZATION.
A. Use Classifications.
ln the use table, land uses and activities are classified into general "use categories" and
specific "use types" based on common functional, product, or physical characteristics,
such as the type and amount of activity, the type of customers or residents, how goods
or services are sold or delivered, and site conditions. This classification provides a
systematic basis for assigning present and future land uses into appropriate zone
districts. This classification does not list every use or activity that may appropriately
exist within each category, and specific uses may be listed in 1 category when they may
reasonably have been listed in 1 or more other categories.
GARFTELD CouNw LAND UsE aND DEVELoPMENT CoDE 3-20
B. Multiple Principal Uses.
Multiple principal uses are permitted on a single lot. All of the uses must fall into the
permitted use category(ies) for the district as identified in Table 3-403, Use Table. Each
use is subject to applicable regulations within that use category, including the general
standards in Article 7 and any applicable use-specific standards.
C. Unlisted Uses.
'l. Procedure. Where a particular use type is not specifically listed in the use
table, an Applicant may request an interpretation of the use table.
a. Director Determination. The Director may permit the use type
upon finding the standards of this subsection are met. The
Director shall give due consideration to the purpose and intent of
this Code concerning the zone district(s) involved, the character of
the uses specifically identified, and the character of the use(s) in
question.
b. Director Referral to BOCC. The Director may refer any unlisted
use determination to the BOCC for review and determination.
c. BOCC Determination. The BOCC shall make an unlisted use
determination about any nonresidential use that will:
(1) Require a structure greater than 100,000 square feet of
gross Floor Area;
(21 Typically generate more than 1,000 daily vehicle trips, or
(3) ls anticipated to require more than 250 parking spaces.
2. Standards for Approving Unlisted Uses. ln order to determine if the
proposed use(s) has an impact that is similar in nature, function, and
duration to the other use types allowed in a specific zone district, the
reviewing body shall assess all relevant characteristics of the proposed
use including, but not limited to, the following:
a. The volume and type of sales, retail, wholesale, etc.;
b. The size and type of items sold and nature of inventory on the
premises;
c. Any processing done on the premises, including assembly,
manufacturing, warehousing, shipping, and distribution;
d. Any dangerous, hazardous, toxic, or explosive materials used in
the processing;
e. The nature and location of storage and outdoor display of
merchandise, whether enclosed, open, inside, or outside the
principal building; predominant types of items stored (such as
business vehicles, work-in-process, inventory and merchandise,
construction materials, scrap and Junk, and raw materials,
including liquids and powders);
f. The type, size, and nature of buildings and structures;
g. The number and density of employees and customers per unit
area of site in relation to business hours and employment shifts;
GARFIELD COUNTY LANO USE AND DEVELOPMENT CODE 3-21
3.
h. Transportation requirements, including the modal split for people
and freight, by volume type and characteristic of traffic generation
to and from the site;
i. Trip purposes and whether trip purposes can be shared by other
use types on the site;
j. Parking requirements, turnover and generation, ratio of the
number of spaces required per unit area or activity, and the
potential for shared parking with other use types;
k. The amount and nature of any nuisances generated on the
premises including, but not limited to, noise, smoke, odor, glare,
vibration, radiation, and fumes;
l. Any special Public Utility requirements for serving the proposed
use type including, but not limited to, water supply, wastewater
output, pretreatment of wastes and emissions required or
recommended, and any significant power structures and
communications towers or facilities; and
m. The impact on adjacent lands created by the proposed use type,
which should not be greater than that of other use types in the
zone district.
lf a proposed unlisted use is not subject to interpretation pursuant to this
section, an Applicant may request a text amendment pursuant to section
4-1 14, Code Text Amendment.
GARFTELD CouNw LAND UsE AND DEVELoPMENT CoDE 3-22
3.403. USE TABLE.
General
\griculture P P a P P P P EXEMPT
3uilding or Structure Necessary to
Inrior rltr rral Oneralinnc Aanc<<nrrr P P a P P EXEMPT
rorestry P P a P P P P EXEMPT
Products
Processing,
Storage,
Distribution, and
Sale
)ff-Site A L L L a P P P P
\t Point of Production P P P P P P P a P P P P EXEMPT
Animals and
Related Services
\nimal Sanctuary P a P P 7-601
\nimal Processing M M M a 7-602
:eedlot, Commercial M M a M
(ennel, Small L M L L A a L L 7-603
(ennel, Large M L L A a L L 7-603
tidinq Stable P P a P P
/eterinary Clinic A A L L A a L 7.604
Household Living
)welling, Single-Unit (per legal lot)P P P P P P a P P
)welling, 2-Unit A A A A A A a
lwelling, Multi-Unit L L A L L L L a
)welling Unit, Accessory A A A A A A A a A A A A 7-701
labin P P P
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-23
1 Review and decision of an application is completed administratively, but is sub.iect to the process set forth in section 4'107
3-24
ihort Term Rentals P P P P P P P a P P P P
\ranufactured Home Park M M M A M a 7-703
P P P P P P P a P P P P 7-702
Office lome Office/Business
Group Living
:oster Home P P P P P P P a
iroup Home Facilities L L L L P a L 7-704
Temporary
:mployee Housing FacilitY, Ma.lor M M M M M M M o L L L L 7-705
imployee Housing FacilitY, Minor Ar A1 Ar Ar A1 Ar Al a A1 A1 Ar A1 7-706
lmployee Housing FacilitY, Small P P P P P P P a P P P P 7-707
Assembly
lommunity Meeting FacilitY A A A A P P A a L L
rlace of WorshiP A A A A A A A a A
rublic Gathering A A A a A
Cultural FacilitY
-ibrary A A A P P a A A
u'luseum A A A A A A A a A A
Day Care
\dult Day Care A A A A A A A a
lhild Care Center A A A A A A A a L 7-804
:amily Child Care Home P P P P P P a A A 7-804
Parks and Open
Space
lemetery A A A A A A A a
)ark P P P P P P a P P P P
Community
Service Facility
lorrections Facility M M M M M M a M
:ducational Facility L L L L A A A a A
GARFI-HELD couNTY LAND usE AND DEVELoPMENT cooE
:mergency Shelter L L L L L L L a
:ire Station A A A A A A A a A A
{ospital M M M M L L L a
)ublic Building A A A A A A A a A A
A
T
A A A AI A
L
A
T
a PI P P P
Transportation
\ccess Route
a L 7-802
rg
a P P P P 7-801
\ircraft , Ultralight OPeration P P P P P P P
a 7-803
\irport M
M M M L L L L a M M 7-803
M M M L L L L a M M 7-802
ritass Transit FacilitY M M M M M M M a
rark and Ride Facility L L L L A A A a A A A A
trail, Trailhead, Road P P P P P P P a P P P P
A 7-901
lroadcasting Studio L A A
Office
a L L
)rofessional Office L Y Y
)rofessional Office, TemPorary A A A A A A A a A A A A
P P P a
Retail/vvholesale
lakery
L M M M A A A a
P A A A P P P a P 7-902
y/ul EEI lr ruuoe
M M M 7-903
ffirthelawSandpolicieSinregardStocUltivationoperationSforMedicalMarUUana.
3-25ffiDDEvELoPMENTcoDE
letail, General A A A A P P P a
letail, Equipment, Machinery, Lumber
(artls P P P a P P P P
Retail, Vehicle and Equipment Sales M P P P a
3ulk Sales of LPG and CNG L L L L L L
Recreation and
Entertainment
iolf Course/Driving Range A A A A A a A
[heater, lndoor P P A a
,lotor Sports Center M M M M a L L
lecreation. lndoor L M M M P P A a
lecreation, Outdoor L M M M M M L L L L L L
ihootinq Gallery/Range L M M M M M L L M M M M 7-904
Services
]rematorium M L L L a
iating or Drinking Establishment L L L L P P P o A A
3eneral Service Establishment L P P P a
-aundromat A L L L P P P a
-aundry or Dry-Cleaning Plant L L L a
Vortuary M L L L a
Vehicles and
Equipment
]ar Wash M A A A a
)arking Lot or Parking Garage L L L L A A A a
lepair, Body /Paint, or Upholstery Shop A P P P a
Visitor
Accommodation
lampqround/ RV Park M M M L L L M 7-905
-odging Facilities L L L L P P L a A A
Ganrrelo CouNTY LAND UsE AND Devetoptvtelr Cooe 3-26
Extraction
lompressor/Pipeline Pump Station (Not
iubiect to Article 9)
L L L a L L L L 7-1001
lompressor, Booster A A A A A A A a P P P P
:xtraction, Gravel M M L L L L L 7-1001,7-1002
:Yfr2rti^n Minino ,nd Other M L L L L L L 7-1001,7-1003
lydraulic Fracturing, Remote Surface
:acility P P P P P P P a P P P P
EXEMPT
niection Well, Piped P A P a P P P P 7-1 001
niection Well, Small A A P a P P P P 7-1 001
niection Well, Large L L a P P P P 7-1001
)il and Gas Drilling and Production P P P P P P P a P P P P EXEMPT
Service
)ontractor's Yard, Small A P P P a A A A A 7-1001
lontractor's Yard, Large M P P P a L L L 7-1001
rilaterial Handling L L L a A A A A 7-1 001
)rocessing L L L L a A L A A 7-1001
)rocessing, Accessory (Batch Plant)L L L L a A A 7-1001
)rocessing, Temporary A A A A a A A 7-',1001
/ehicles, Machinery, and Heavy
:dr rinment
M M a L M 7-1 001
/ehicle Safety Area A a P P 7-1007
Fabrication
\ssembly of Structures L L A a L L 7-1001
)abinet Making, Wood and Metal
rvorkinq. Glazinq, Machining, Welding
A L P P P a L L 7-1 001
iquipment, Small APP|iances L L L A a L L 7-1 001
3-27Galp;g1o CouNTY LAND UsE AND DEVELoPMENT CoDE
3oods Processed From Natural
lesources M M a M M 7-1001
Warehouse and
Freight
Movement
Storage L P P P a A A A A 7-1001
itoraqe, Mini L P P P a 7-',t001
;torage, Cold Storage Plants P P P a L L 7-1001
;toraqe, Hazardous Materials M M M M a L L 7-l 001
^/arehouse
and Distribution Center M L L L a M 7-1001
Waste and
Salvage
,,lineral Waste Disposal Areas L L a L L L L 7-1001
lecvclino Collection Center L P P P a L 7-',t001,7-1004
lecycling Processing Facility M M M L a M 7-1001
ialvage Yard M M L a M 7-1001
;ewage Treatment Facility L L L L L L L a L L 7-1001,7-1005
iolid Waste Disposal Site and Facility M M a M M 7-1001,7-1006
iolid Waste Transfer Facility M L L L a M M 7-1001
A/ater lmpoundment L L a L L L L 7.1001
:lectric Power Generation Facility, Small L L A A P a A L L A
:lectric Power Generation Facility, Larg€L L L L L
-ines, Distribution P P P P P P P a P P P P
-ines, Transmission L L L L L L L L L L L L
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-28
ripeline A3 A3 A3 A3 A3 AJ A3 a AJ A3 A3 A3 9-104
P P P P a P P P P 7-1101
A P P P a P P P P 7-1101
Miolar Energy System, Large M M L L L L L L L L 7-1101
;ubstation, Neighborhood P P P P P P P a P P P P
lubstation, UtilitY L L L L L L L a L L L L
felecommunication Facility L L L L L L L a P'A'P'A,,/A 7-1102
P P P P P P P a P P P P
A/ater Reservoir
L a A A 7-1103
P
Arater Tank or Treatment Facility L L L L L L L a L L L L
l/ind Energy System, Commercial M M M L a M M
Alind Energy SYstem, Small L L L L P a A L
luilding or Structure, AccessorY P P P P P P P a P P P P 7-1201
:ence, Hedge or Wall P P P P P P P a P P P P 7-1201
*-"@ompletedadminiStr"Iy9!Y,b{iSsubjecttotheproceSsSetforthinsection9103.
4 Tetecommunication Facitities 1OO feet or tess in height are ev nigr't uses."iial,lity orur-ioo t"at .t all be subject to an Administration Review'
GARFTELD CouitrY LAND UsE AND DEVELoPMENT CoDE
I
GARFIELD COUNTY, COLORADO
Article 4. Application and
Review Procedures
explanation of the reasons why the conditions have not been met and the
estimated timeframe in which the conditions will be met or completed.
2. First Extension.
a. Extensions of 1 year may be granted for all conditional Land Use
Change approvals, and Subdivision or Conservation Subdivision
Preliminary Plan approvals.
b. Exemptions and Final Plat approvals may be extended by a period
of 90 days.
3. Additional Extensions. Requests for longer periods of time, or additional
time extensions following the first extension, shall be made to the decision
maker that issued the original approval, prior to the expiration of the current
approval.
4. New Application Required. lf an Applicant fails to timely request an
extension as set forth in section 4-101.1., the approval will be void and the
Applicant must submit a new application for the desired Land Use Change
or division of land approval notwithstanding the foregoing, the BOCC may
grant an extension of an otherwise expired approval upon a finding by the
BOCC that the failure to file for an extension was due to extenuating
circumstances and that it benefits the public interest to grant the extension.
4-102. APPLICABILITY OF COMMON REVIEW PROCEDURES.
The various specific review procedures in this Article shall be processed in accordance with the
common review procedures identified in Table 4-102, Common Review Procedures and Required
Notice" Additional requirements specific to a review procedure are identified by cross-reference
in the left-hand column to the section that contains the requirements.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-6
recommend approval with conditions determined necessary for compliance
with the applicable requirements.
2. Recommendation of Denial. lf the application fails to satisfy any 1 of the
applicable requirements and compliance cannot be achieved through
conditions of approval, the recommending body shall recommend that the
application be denied.
G. Decision.
The Decision-Making Body shall approve, approve with conditions, or deny the application
based on the following:
1.Approval of Application. lf the application satisfies all of the applicable
requirements of this Code, the application shall be approved. The
application may be approved with conditions determined necessary for
compliance with applicable requirements.
Denial of Application. lf the application fails to satisfy any 1 of the
appllcable requirements, and compliance cannot be achieved through
conditions of approval, the application shall be denied.
H.Duration and Expiration of Conditional Approval and Plat Approvals.
1.Conditional Approval of a Land Use Change Application. Unless otherwise
approved by the decision maker, an Applicant has 1 year from the date of
approval or Director's Determination to satisfy any remaining conditions
precedent to issuance of a Land Use Change Permit. Failure to meet all
conditions will result in the expiration of the approval and the Applicant will
be required to submit a new application for the desired land use.
Conditional Approval of a Subdivision or Conservation Subdivision
Preliminary Plan. Unless otheruise approved by the BOCC, an Applicant
has 1 year from the date of approval for a Preliminary Plan to receive a
determination of completeness for a Final Plan/Plat application. Failure to
timely file a technically complete Final PlaniPlat application will result in the
expiration of the Preliminary Plan approval, and the Applicant will be
required to submit a new application for the desired subdivision.
Conditional Approval of a Final Plat. The Applicant has 90 calendar days
from the date of approval of an Exemption or Final Plan/Plat application to
submit a Final Plat suitable for recording. Failure to timely file a Final Plat
suitable for recording will result in the expiration of the Exemption or Final
Plat approval, and the Applicant will be required to submit a new application
for the desired Exemption or Final Plan/Plat.
Approval of a Final Plat. Within 10 business days of the submittal to the
County of the properly executed Final Plat which is suitable for recording,
such Final Plat must be signed by the BOCC and be recorded with the
Clerk and Recorder.
l. Extension of Conditional Approval.
It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the
expiration of a conditional approval, however, the Applicant may request an extension of
the expiration date as follows:
1. Supporting Documentation. Application shall be made to the decision
maker that issued the original approval and shall include a written
GARFTELD CouNTy LAND UsE AND DEVELoPMENT CoDE 4-5
2.
4.
Applicant shall send written notice by certified mail to all
Adjacent Property Owners.
(3) Written notice shall be provided to the owners of record of
all adjacent property within a 200-foot radius of the subject
parcel as shown in the office of the County Clerk and
Recorder or Assessor at least 15 calendar days prior to
sending notice.
(4) Written notice shall also be provided to owners of mineral
interests in the subject property (other than construction
materials as defined in C.R.S. S 34-32.5-1, in accordance
with C.R.S. S 24-65.5-101, ef seq., as such owners can be
identified through records in the office of the Clerk and
Recorder or Assessor, or through other means.
c. Posting of Notice. At least 30 and not more than 60 calendar days
prior to the date of a scheduled Public Hearing, the Applicant shall
post a notice of the Public Hearing on the property. Posted notice
shall consist of at least 1 sign facing each adjacent road right.of-
way, and located so as to be fully visible from the road right-of-way
generally used by the public. The notice signs shall be provided to
the Applicant by the Community Development Department.
2. Contents of Notice. The notice shall follow a form prescribed by the
County.
3. Applicant Responsibility. lt shall be the responsibility of the Applicant to
provide the names and mailing addresses of Adjacent Property Owners
and Mineral Owners as identified in section 4-101.E.1.b.(3) and (4) as part
of the application.
4. Proof of Notice. At the Public Hearing, the Applicant shall provide proof of
publication, proof of notification or attempted notification of Adjacent
Property Owners, and proof of posting notice on the property. The
Applicant shall provide proof of notification or attempted notification of
owners of a mineral interest in the subject property.
5. Constructive Notice. Minor defects in notice shall not impair the notice or
invalidate proceedings pursuant to the notice if a bona fide attempt has
been made to comply with applicable notice requirements. Failure of a
party to receive written notice shall not invalidate subsequent action. ln all
cases, however, the requirements for the timing of the notice and for
specifying the time, date, and place of a hearing, and the location of the
subject property, shall be strictly construed. If questions arise at the
hearing regarding the adequacy of notice, the Decision-Making Body shall
make a formal finding regarding whether there was substantial compliance
with the notice requirements of this Code before proceeding with the
hearing.
F. Review and Recommendation.
The recommending body shall recommend approval, approval with conditions, or denial
of the application based on the following:
1. Recommendation of Approval. lf the application satisfies all of the
applicable requirements of this Code, the recommending body shall
recommend the application be approved. The recommending body may
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE
c.Review by Referral Agency.
1.Any Land Use Change application shall be referred to the appropriate local,
State, or Federal agencies or departments for review. The list of reviewing
agencies for any individual application shall be determined by the Director
unless specific agencies or departments are required by State statute.
A referral agency may impose a fee for the review of a proposed
development. The Director will disclose an estimated range of any potential
referral agency fees in the pre-application conference summary. This
estimate is nonbinding.
The comment period for referral agency review shall be 21 calendar days
from the date that the complete application and sufficient copies are
delivered to the County by the Applicant. Responses not received by the
County in a timely manner may not be evaluated in the Director's review of
the application. A lack of timely response shall be interpreted as no
comment.
D.Evaluation by Director/Staff Review.
1.The Director shall review the Land Use Change application to determine if
the proposal satisfies the applicable standards of this Code and any review
criteria identified in the specific procedure.
The Director may authorize all or a portion of the review of a Land Use
Change application to be performed by an outside consultant. This work
shall be subject to the County Procurement Code. The cost of the
consultant review shall be the responsibility of the Applicant and shall be
paid pursuant to section 4-203.8.3., Fees. The Director will disclose an
estimated range of any potential outside consultant fees in the pre-
application conference summary. This estimate is nonbinding.
The Director shall prepare a staff report discussing whether the standards
have been satisfied; identifying issues raised through staff and referral
review; outlining mitigation requirements; recommending conditions for
approval to ensure that standards are satisfied; and requesting additional
information pertinent to review of the application.
E. Notice of Public Hearing.
When a Public Hearing is required, notice shall be provided. The type of notice required
is identified in Table 4-102, Common Review Procedures and Required Notice.
1. Notice shall be provided as follows:
a. Notice by Publication. At least 30 but not more than 60 calendar
days prior to the date of a scheduled Public Hearing before the
Planning Commission or BOCC, the Applicant shall publish notice
of a Public Hearing in a legal publication, unless othenarise specified
by State law.
b. Wriften/Mailed Notice to Adjacent Property Owners and Mineral
Owners.
(1) Written notices shall be provided at least 30 but not more
than 60 calendar days prior to the date of a scheduled Public
Hearing.
(21 The Applicant shall send written notice by certified mail
return receipt requested to all Mineral Owners. The
GARFIELD CoUNTY LAND UsE AND DEVELoPMENT CoDE
2.
3.
2.
Determination of Application Completeness Review.
1. Director Review. The Director shall determine whether the application is
complete based on compliance with the submittal requirements for the
applicable review process. Completeness review shall take place in the
following time frames:
a. General applications: 10 business days.
b. Major applications, as identified below: 20 business days.
(1) Major lmpact Review;
(2) Limited lmpact Review;
(3) Rezoning,nonresidential;
(4) Subdivision; and
(s) PUD.
2. Determination. The Director shall make 1 of the following determinations:
a. Application is Not Complete. lf the application is not complete, the
Director shall inform the Applicant of the deficiencies in writing and
shall take no further action on the application until the deficiencies
are remedied. lf the Applicant fails to correct the deficiencies within
60 calendar days, the application shall be considered withdrawn
and returned to the Applicant.
b. Application is Complete. lf the application is complete, the Director
shall certify it as complete and provide written notice to the
Applicant including the date of determination of completeness.
3. Extension of Time for Determination of Completeness. The Director may
authorize an extension of time to complete review for a determination of
completeness when:
a. Scope of Application. The scope of the Land Use Change
application is sufficient to require additional time for the Director to
review the application for a determination of completeness.
b. Staff Workload. The Department's workload, due to the volume and
scope of pending Land Use Change applications, justifies the need
for an extension of time to review the application for a determination
of completeness.
4. Written Notice of Extension of Time. As soon as possible after receipt of
an application, the Director shall inform the Applicant in writing if an
extension is necessary to determine completeness, and shall identify the
new completeness deadline.
5. Request for Waiver of Submission Requirements. Requests for waiver of
submission requirements pursuant to section 4-202 shall be submitted with
the application and considered by the Director as part of the determination
of completeness.
6. Review/Public Hearing Schedule. Complete applications shall be
scheduled for Public Hearing on the next available agenda date of the
appropriate review body following any required public notice. Applications
for review that do not require a Public Hearing and are scheduled for a
Director's Decision shall be reviewed within 30 calendar days of a
determination of completeness.
GARFIELD COUNTY LAND [JSE AND DEVELOPMENT CoDE
ARTICLE 4: APPLICATION AND REVIEW
PROCEDURES
The following review procedures apply to all Land Use Change applications. Where these
procedures are modified for a specific application type, the change is noted in that section.
A. Pre-Application Conference.
All Land Use Change applications shall begin with a pre-application conference between
the Applicant and the Director unless otheruvise provided in the specific application
section.
1. Purpose. The pre-application conference is intended to provide the County
with information pertinent to the site and the proposal; provide the Applicant
with an understanding of the applicable review procedures and the
standards to be met for approval of the application; and to explain the
application materials required for submittal.
2. Procedure. The Applicant shall request a pre-application conference
through the Community Development Department.
a. Scheduling of Pre-Application Conference. Within 20 business
days of receiving a request, the Director shall schedule a pre-
application conference. The pre-application conference may be
held in the Community Development Department office or at the
site.
b. Materials. The Applicant shall bring a conceptual Site Plan to the
conference. The conceptual Site Plan shall be of sufficient detail to
accurately convey the concept, character, location, parcel size, and
magnitude of the proposed development.
c. Participants. lf the Director feels that the proposal raises potential
issues for roads, access, parking, traffic, water supply, sanitation,
and/or natural resource protection, the appropriate staff shall be
included in the pre-application conference.
d. Determination of Level of Review. The Director shall determine the
appropriate review process for the requested Land Use Change.
3. Staff Comments and Written Summary. Any comments made by County
staff during the pre-application conference are preliminary in nature and
not binding. Formal comments cannot be made by staff until after the
application is submitted and adjacent and/or nearby property owners and
referral agencies have had an opportunity to comment. Within 10 business
days from the date of the pre-application conference the Director shall
prepare a written summary that describes the review process, submittal
requirements, and anticipated time frames, and shall set forth any concerns
or conflicts, known at that time, that may impact the Applicant's proposal.
The information provided in the written summary shall be valid for a period
of 6 months from the date of the written summary.
GARFIELD CoUNTY LAND UsE AND DEVELoPMENT CODE
(This Page Left Blank lntentionally)
GARFTELD CouNTy LAND UsE AND Developuexr CoE 4-lI
GARFIELD CoUNTY LAND UsE AND Developuexr Coor
Anrrclr 4
ApplrcRloN AND Reuew pRocrounes
TneLe or CourErurs
DIVISION 1. REVIEW PROCESS FOR LAND USE CHANGE REQUESTS.......................,..1
4-101. COMMON REVTEW PROCEDURES .............................1A. Pre-Application Conference..... ...............1B. Determination of Application Completeness Review............ ..................2
9 Review by Referral Agency. ....................3
I Evaluation by Director/Staff Review......... ......................3E. Notice of Public Hearing ..........................3F. Review and Recommendation............ ..........................4SG. Decision. ......................._SH Duration and Expiration of Conditional Approval and plat Approva|s............................5l. Extension of Conditional Approval......... ......................564-102. AppLtcABtLtTy oF COMMON REVTEW PROCEDURES ................_6
4-103. ADM|N|STRAT|VE REV|EW......... ..............................98A. Overview. ggB. Review Process........... .........................9gC. Review Criteria............ .. . , ......5g4-104. L|M|TED tMpACT REV|EW. ................9tA. Overview. ggB. Review Process........... .........................9SC. Review Criteria............ rcS4-'t05. MA^JOR tMpACT REV|EW......... ........r0eA. Overview. rcSB. Review Process........... ........................10gC. Review Criteria............ ...tOg4.106. AMENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT....................r0SA. Overview. jltB. Review Process........... ........................10gC. Review Criteria............ !!+g4-107. MINOR TEMPORARY HOUSTNG FACtLtry. .........rfl+A. Overview. fflgB. . Review Process........... ......................121]-C. Review Criteria.....,...... tg{a4-108. VACATTON OF A COUNry ROAD OR pUBLtC RtcHT OF WAy. ...................... 131+A. Overview. fgraB. Review Process........... ......................13{4C. Review Criteria............ tg+C4-109.DEVELOPMENTtNTHE10o-YEARFLOODPLA|N................. .....1s43A. Overview. f!{gB. Review Process........... ....................1S€C. Review Criteria............ tgag
GARFIELD CoUNTY LAND USE AND DEVELoPMENT coDE
4-103 Administrative Review D
4-104 Limited lmpact Review BOCC a Y
4-1 05 Major lmpact Review PC BOCC {t Notice required for PC and BOCC hearings.
4-1 06 Amendments to an Approved LUCP D Subject to Minor or Substantial Moditication
Determination per section 4-106.
4-107 Minor Temporary Housing Facility D If zoned Resource Zoned Lands see 4-107 B.(3.)
4-108 Vacation of a County Road or Public
ROW PC BOCC J Y PC hearing requires inclusion in posted agenda.
BOCC hearino reouires Dublication and mailinq.
4-'109 Develop. in the 1oo-Year Floodplain D a Per Administrative Review, section 4-103-
4-1 10 Develop. in the 100-Year Floodplain
Variance BOA v v v
4-111 Location and Extent Review PC v Notice to be provided at least 7 calendar days but no
more than 30 calendar davs Drior to hearinq.
4-1 12 Call-Up to the BOCC BOCC
The BOCC shall provide notice as required by the
original application. lf no notice was required, notice
shall be adequate if included in a posted agenda.
4-1 13 Rezoning PC BOCC (a v
Notice required for PG and BOCC hearings._
Corrections to the Official Zonino Map shall be
nrn.ecqr.l ncr Scetion 4-1 1 3 B
4-114 Code Text Amendment PC BOCC Notice for PC and BOCC hearings published 15
davs orior to hearino
4-Variance BOA J
4 A Administrative lnterpretation D
4 7 Administrative lnterpretation Appeal BOA
4 18 Waiver of Standards Determined by companion application Notice as required by companion application.
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE 4-7
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE rt-8
4-103. ADMINISTRATIVE REVIEW,
A. Overview.
Applications subject to Administrative Review shall be reviewed and decided by the
Director.
B. Review Process.
Applications for Administrative Review shall be processed according to Table 4-102,
Common Review Procedures and Required Notice, with the following modifications:
1. Pre-Application Conference. This requirement may be waived by the
Director.
2. Determination of Completeness. Once the application is deemed
technically complete, the Director will send a letter to the Applicant that
indicates:
a. The additional number of copies to be delivered to the County;
b. The date that the Director will render a decision or, if the Director
decides to refer the application to the BOCC, the date that the
BOCC will hear the Application; and
c. The notice form that the Applicant is required to mail to the Adjacent
Property Owners and mineral estate owners and leseeslessees.
3. Notice. The Applicant shall mail notice pursuant to section 4-101.E.b.(2)' -
(4)., at least 15 days prior to the date of the Director's decision and shall
provide proof of adequate notice prior to any decision. The notice shall
include a Vicinity Map, the property's legal description, a short nanative
describing the current zoning and proposed Land Use Change, the contact
information for the Community Development Department and the date that
the Director will make a decision.
4. Decision.
a. Director Decision. lf the Director decides the application, the
Director will inform the Applicant and the BOCC of the approval,
conditions of approval, or basis for denial, in writing within 10 days
of the date of decision.
b. BOCC Decision. lf the application is referred to the BOCC for a
decision, the BOCC will memorialize their decision of approval,
conditions of approval or basis for denial in the form of a Resolution.
5. Call-Up to the BOCC. The Director's decision is subject to section 4-1 12,
Call-Up to the BOCC.
C. Review Criteria.
An application shall comply with the applicable standards of this Code.
4.104. LIMITED IMPACT REVIEW.
A. Overview.
Applications subject to a Limited lmpact Review shall be reviewed and decided by the
BOCC.
B. Review Process.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
Applications for Limited lmpact Review shall be processed according to Table 4-'102,
Common Review Procedures and Required Notice.
C. Review Criteria.
An application shall comply with the applicable standards of this Code.
4.105. MAJOR IMPACT REVIEW.
A. Overview.
Applications subject to a Major lmpact Review shall be reviewed and a recommendation
made by the Planning Commission, and decided by the BOCC.
B. Review Process.
Applications for Major lmpact Review shall be processed according to Table 4-102,
Common Review Procedures and Required Notice.
C. Review Criteria.
An application shall comply with the applicable standards of this Code.
4.106. AIIIENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT.
A. Overview.
Applications for amendment to an approved Land Use Change Permit may be reviewed
and decided by either the Director as a Minor Modification or be reviewed as a Substantial
Modification. This procedure is applicable to:
'1 . Proposed amendments to a Land Use Change Permit approved under this
Code or the Unified Land Use Resolution of 2008;
2. Proposed amendments to conditional use permits and special use permits
approved by the BOCC under the Zoning Resolution of 978;
3. Change of a specific condition(s) of approval as identified in a final approval
made by the Decision-Making Body. Any requested change of a specific
condition(s) as identified in a resolution adopted by the BOCC shall be
considered a Substantial Modification.
B. Review Process.
Applications for an amendment to an approved Land Use Change Permit shall be
processed according to Table 4-102, Common Review Procedures and Required Notice,
with the following modifications.
1. Pre-Application Conference. After holding a pre-application conference
and within 10 business days of receiving all necessary information, the
Director shall make 'l of the following 3 determinations:
a. Minor Modification. The Director shall apply the criteria in section
4-106.C. to determine if the proposed amendment is minor in
nature. Upon finding the amendment is a Minor Modification, the
Director shall determine the submittal requirements for an
application that may be approved, conditionally approved, or
denyied based uPon the c
gball +h€-am€ndm€nt-an.+provide writteni notice to the Applicant
and cause an amended Land Use Chanqe Permit to be recorded
upon satisfaction of anv conditions of approval.
Substantial Modification.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-10
Commented [(AEl]: This is an attemptto savthat if the
modification was detemihed to me Minorthen and application
must be submitted in which a d€temination forapproval, approval
with conditions ordenial would be mad.. An apprcval would result
in recording of a revised LUCP
(1) lf the Director determines that the proposed amendment
constitutes a Substantial Modification, the change shall
require a new application for a Land Use Change Permit.
The Director shall determine the contents of the application
submission requirements for a Substantial Modification
request and provide this information in writing to the
Applicant. Though a new application is required, the review
of the application may result in an approval, approval with
conditions or denial of the amendment only. lf the
amendment is denied, the Applicant's original approval is
still valid.
(21 Should the Applicant contest the decision made by the
Director that the proposed amendment constitutes a
Substantial Modification, the Applicant may request the
decision be called-up to the BOCC pursuant to section 4-
1 12.B and C.
c. Determination by the BOCC. The Director shall have the discretion
to request the BOCC decide, in a Public Meeting, whether a
modification is Minor or Substantial.
C. Review Criteria.
Minor Modifications are those that deviate from standards or rearrange/reconfigure
elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other
site improvements in an approved Land Use Change Permit, and that meet all of the
following criteria as applicable:
1. Comply with all requirements of this Code;
2. Do not conflict with the Comprehensive Plan;
3. Do not change the character of the development;
4. Do not alter the basic relationship of the development to adjacent property;
5. Do not change the uses permitted;
6. Do not require amendment or abandonment of any easements or rights-of-
way;
7. Do not increase the density;
8. Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201 ; and
9. Do not decrease the amount of the following to an amount below the
minimum required in the applicable zone district:
a. Amount of dedicated Open Space;
b. The size of or change in the locations, lighting, or orientation of
originally approved signs; and
c. Any zone district dimensions in Table 3-201 .
4-lo?. frllN0f, TEMFORARY HOU$ilG FACILITY.
A. Overview.
Applications for a Minor Temporary Housing Facility shall be reviewed and decided by the
Director.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-11
B. Review Process.
A Minor Temporary Housing Facility shall be processed according to Table 4-102,
Common Review Procedures and Required Notice, with the following modifications:
1. Pre-Application Conference. The Director may waive the pre-application
conference.
2. Determination of Comoleteness. Once the application is deemed
technicallv complete. the Director will send a letter to the Applicant that
indicates:
a. The date that the Director will render a decision or. if the Director
decides to refer the application to the BOCC. the date that the
BOCC will hear the Aoolication: and
b. The notice form that the Applicant is reouired to mail to the Adiacent
Prooertv Owners and mineral estate owners and lesees.
3. Notice. The Apolicant shall mail notice pursuant to section 4-101.E.b.(2)' -
(4)., at least 15 davs prior to the date of the Director's decision and shall
provide proof of adequate notice orior to anv decision. The notice shall
include a Vicinitv Map. the propertv's leqal description. a short narrative
describinq the current zoninq and prooosed Land Use Chanqe. the contact
information for the Communitv Development Department and the date that
the Director will make a decision.
a. lf the Permitted Site is located in the Resource Lands Zone District,'
the mailed notice shall be sent to those owners within 200 feet of
the Permitted Site and mineral owner notice is reouired to be sent
to those owners of minerals under the Permitted Site.
b. lf the Permitted Site is located in anv zone district other than
Resource Lands Zone District the mailed notice shall be sent to
those owners within a 200 foot radius of the subiect oarcel as shown
in the office of the Countv. Clerk and Recorder or Assessor.
4. Decision.
a. Director Decision. lf the Director decides the application. the
Director will inform the Apolicant and the BOCC of the approval.
conditions of aporoval. or basis for denial. in wrltino within '10 davs
of the date of decision.
+.U. BOCC Decision.
decision. the BOCC will memorialize their decision of approval.
conditions of approval or basis for denial in the form of a
Resolution.
?5. Call-Up to the BOCC. The Director's decision is subject to call-up pursuant
to section 4-1 12, except that call-up may be initiated only by the following:
a. The Applicant;
b. Adjacent Property Owners within 200 feet of the subject lot or the
Permitted Site if the Permitted Site is within the Resource Land
Zone Districts;
c. The owne(s) of the subject lot or the Permitted Site if the Permitted
GARFIELo COUNTY LAND USE AND DEVELOPMENT CODE 4-12
Formatted: I Heading 5, Indent: Left: 2", No bullets or
numbering
Formatted: I Headinq 5, Left, Indent: Left: 2", No bullets
or numbering
Site is within the Resource Land Zone Districts;
d. Separated mineral estate owners; and/or
e. The BOCC.
G. Review Criteria.
An application shall comply with the applicable standards of this Code.
,hr00. VACATION OF ACOUNTY ROAD OR PUBLIC RIGHT OF WAY.
A. Overview.
1. Applications to vacate a County road or public right-of-way shall be
reviewed and a recommendation made by the Planning Commission, and
decided by the BOCC.
2. The provisions of C.R.S. S 43-2-301, shall control all vacation proceedings
considering a petition to vacate or abandon the entire width of any County
road or public rightof-way. The provisions in this Code are in addition to
all other requirements of State law.
B. Review Process.
Applications to vacate a County road or public right-of-way shall be processed according
to Table 4-102, Common Review Procedures and Required Notice, with the following
modifications:
1. Pre-application Conference. The Director may waive the pre-application
conference.
2. Review by Referral Agency. Staff shall request that referral agencies
address the following:
a. Whether the property is or is likely to be necessary or desirable for
any public purpose within the reasonably foreseeable future;
b. Any term, condition, reservation, or dedication of any easement or
interest in the property necessary or desirable for public purposes
and permitted by law; and
c. Any other comment relevant to the County road or public right-of-
way.
3. Planning Commission Review and Recommendation. The Planning
Commission shall review all applications or petitions to vacate a County
road or public right-of-way pursuant to the provisions of C.R.S. S 30-28-
1 1 0(1 Xd).
a. The Planning Commission shall conduct its review of the petition or
application to vacate a County road or public righlof-way at a Public
Hearing without required notification other than inclusion in a posted
agenda.
b. The date established for initial review by the Planning Commission
shall be considered the date of submission pursuant to C.R.S. S 30-
28-110.
c. The Planning Commission may continue consideration of the
application until the next regularly-scheduled Planning Commission
meeting. Under all circumstances, it shall conclude its review and
render its decision and recommendation to the BOCC within 60
calendar days of submission.
GARFTELD CouNTy LAND UsE AND DEVELoPMENT CoDE 4-13
The decision of the Planning Commission shall be considered a
recommendation, not a final action on the request.
BOCC Review and Notice. The BOCC shall conduct its review pursuant to
the provisions of C.R.S. $ 43-2-301, et seq., and the requirements of this
Code. The BOCC review and decision shall be considered a legislative
act.
Hearing Notification. Action of the BOCC shall be pursuant to a
Public Hearing. Mailed and published notice shall be provided
according to section 4-101.E.
Published Notice. Published notice shall include a statement that a
resolution to vacate the subject County road or public road right-of-
way will be presented at the hearing.
Hearing lnformation. During the Public Hearing before the BOCC,
the Applicant shall provide a form of resolution vacating the subject
County road or public right-of-way that is prepared by the Applicant
and reviewed and approved by the County Attorney's Office prior to
the BOCC hearing.
BOCC Decision. The BOCC may approve, approve with conditions, or
deny the application pursuant to section 4-101.G., or take any of the
following actions:
Continue the Hearing. The BOCC may continue the Public Hearing
as it deems necessary to receive all information the BOCC deems
relevant. Any continuation must be to a date certain with a decision
to approve or deny the resolution vacating the County road or public
right-of-way occurring within 90 calendar days of the initiation of the
Public Hearing.
Modified Resolution. The BOCC may elect to approve a resolution
vacating a County road or public right-of-way in a form modified or
altered from that presented. ln that event, the BOCC shall
specifically direct staff to make alterations to the resolution by a
motion specifying those alterations. Such motion shall also include
a continuance to allow staff to revise the resolution and present it in
final form as part of the continued Public Hearing.
Final Action. No final action on a petition or application to vacate a
County road or public right-of-way shall occur until a resolution has
been considered at a Public Hearing, signed by the chair of the
BOCC, pursuant to motion, and recorded with the Garfield County
Clerk and Recorder.
Vested rights. No rights shall vest in the vacated righlof-way until
final action of the BOCC has occurred, including recording of the
vacation resolution under C.R.S. S 43-2-301, et seg.
Subsequent Action. Subsequent to recording a resolution vacating a
County road or public right-of-way, the Road and Bridge Supervisor shall
delete the roadway or portion of roadway from all County road maps
submitted to the State of Colorado and all reports submitted to the State
claiming the road or right-of-way as a County road.
C. Review Criteria.
A petition or request to vacate a County road or public right-of-way may be approved so
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
d.
b.
5.
d.
long as it meets the following criteria. However, meeting these criteria does not preclude
the BOCC's denial of a petition or application for any other reason.
1. The subject County road or public righlof-way does not provide any access
to public lands (for the purpose of this subsection, public land shall mean
any property owned by the Federal government or the State of Colorado).
2. The subject County road or public right-of-way does not abut or connect to
any property, including any easement owned by the Federal government,
State of Colorado, municipality, County, or special district, where such
property or easement constitutes a public park, recreational area, or trail.
3. The subject County road or public road right-of-way is not currently used
nor will it be used in the future for any County road or public right-of-way
purpose unless the BOCC makes a specific finding that a satisfactory
alternative route for the existing or future County road or public right of way
purpose is available or will be provided.
4.109. DEVELOPMENT IN THE IOO.YEAR FLOODPLAIN.
A. Overview.
Applications for development within the 1OO-year Floodplain must receive a Floodplain
Development Permit prior to any development.
B. Review Process.
Development in the 100-Year Floodplain shall be processed pursuantto section 4-103,
Administrative Review. A Floodplain Development Permit shall be issued upon approval
of the application.
C. Review Criteria.
A Floodplain Development Permit may be issued by the Director or designated Floodplain
Administrator if it is found that the application is in conformance with section 3-30'1 ,
Floodplain Overlay Regulations, and upon weighing the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury
of others;
The compatibility of the proposed use with existing and anticipated
development;
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical, and water
systems;
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
The necessity to the facility of a waterfront location, where applicable;
GARFIELD CoUNTY LAND USE AND DEVELoPMENT CoDE
3.
4.
7
8.
9. The availability of alternative locations, not subject to flooding or erosion
damage, forthe proposed use; and
1 0. The relationship of the proposed use to the Comprehensive Plan for that
area.
'T.110. DEYELOPMENT IN THE lOO.YEAR FLOODPLAIN VARIANCE.
A. Overview,
Variances are deviations from the terms of the 1OO-year Floodplain regulations that are
not contrary to the public interest when, owing to special circumstances or conditions,
such as topographic conditions, narrowness, shallowness, or the shape of a property, the
literal enforcement of this Code would result in peculiar and exceptional, practical
difficulties to, or exceptional or undue hardship on the owner of the property. Variances
may be issued for New Construction and Substantial lmprovements to be erected on a
legal lot of record contiguous to and surrounded by lots with existing structures
constructed below the Base Flood Elevation, providing the relevant review criteria of this
Article have been fully considered.
1. The Board of Adjustments shall hear and render judgment on requests for
development in the 100-year Floodplain variances.
2. The Board of Adjustments shall hear and render judgment on an appeal
only when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the enforcement or
administration of this Code.
3. The Floodplain Administrator shall maintain a record of all actions involving
an appeal and shall report variances to the FEMA and the CWCB upon
request.
B. Review Process.
Applications for a variance shall be processed according to Table 4-102 with the additions
as follows:
1. Any Applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with the Lowest Floor
Elevation below the Base Flood Elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced Lowest Floor Elevation.
2. Upon consideration of the factors noted above and the intent of this Code,
the Board of Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of
this Code as stated in section 3-1O2.A.1 , Floodplain Overlay Purpose.
Review Criteria.
1. The following standards shall be satisfied in order to grant approval of a
request for development in the 10O-year Floodplain variance:
a. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief;
GARFIELD COUNIY LAND USE AND DEVELoPMENT CooE 4-16
Variances shall only be issued upon showing a good and
sufficient cause;
Variances shall only be issued upon determination that failure to
grant the variance would result in exceptional hardship to the
Applicant;
d. Variances shall only be issued upon determination that the
granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public,
or conflict with existing local laws or regulations, and
e. Variances shall not be issued within any designated Floodway if
any increase in flood levels during the Base Flood discharge
would result.
Variances may be issued by a community for New Construction and
Substantial lmprovements and for other development necessary for the
conduct of a Functionally Dependent Use provided that:
a.
b.
The criteria outlined in section 4-1 10.C.1 are met, and
The structure or other development is protected by methods that
minimize flood damages during the Base Flood and create no
additional threats to public safety.
3. Variances may be issued for the repair or rehabilitation of a Historic Site
upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a Historic Slte and the
variance is the minimum necessary to preserve the historic character
and design of the structure.
4.I11. LOCATION AT.ID EXTENT REVIEW.
A. Overview.
The purpose of a Location and Extent review is to provide the County an opportunity to
review and approve or disapprove a project as proposed by a public or quasi-public entity
in relation to the applicable policies and goals of the adopted Comprehensive Plan.
Location and Extent Review of certain public and quasi-public projects is mandated by
State law including, but not limited to, C.R.S. SS 30-28-1 10, 22-32-124(1)(a) and 22-32-
Pa(.5)(a). ln the event of any conflict between these procedures and applicable State
law, State law shall govern.
1. The entity charged with authorizing and financing a public project, or the
board of education for the applicable school district, shall submit an
application for Location and Extent Review. Except if it is a utility owned
by an entity other than a political subdivision, then the application must be
made by the utility, not the Public Utilities Commission.
The following Projects shall be subject to Location and Extent Review:
a. Roads, parks, or other public way, ground, or space;
b. Public Buildings or structures;
c. Public utilities, whether publicly or privately owned, unless the
Public Utility project is a designated activity of State interest subject
to permitting pursuant to C.R.S. S 24.65.1-501 ; and
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
b.
2.
4-17
d. The acceptance, widening, removal, extension, relocation,
narrowing, vacation, abandonment, change of use, sale, lease, or
acquisition of land for any road, park, or other public way, ground,
place, property, or structure; and
e. Public and charter schools;
2. The Location and Extent Review of a request to vacate a County road or
public right-of-way pursuant to section 4-108 may be combined with any
request being processed through this section.
B. Review Process.
Applications for a Location and Extent Review shall be processed according to Table 4-
102, Common Review Procedures and Required Notice, with the following modifications:
1. The Planning Commission shall either approve or disapprove the
application for a Location and Extent Review based on general
conformance with the Comprehensive Plan.
2. ln the event the Plannlng Commission finds the application is not in general
conformance with the Comprehensive Plan and disapproves the
application, the following apply:
a. For public and charter school projects, the Planning Commission
may request a Public Hearing before the board of education,
pursuant to C.R.S. S 22-32-124(1)(a) or (1.5)(a).
b. For all other projects, the Applicant may appeal the disapproval to
the applicable goveming body in accordance with C.R.S. S 30-28-
1 1 0(1 )(b) or (c).
C. Review Criteria.
The Planning Commission shall determine whether the project is in general conformance
with the Comprehensive Plan.
4.112. CALL-UP TO THE BOCC.
A. Overview.
Where permitted by the Code, a call-up may be initiated by the BOCC, the Director, the
Applicant, or any affected Adjacent Property Owner.
B. Review Process.
Call-ups shall be processed according to Table 4-102., Common Review Procedures and
Required Notice, with the following additions:
1 . A request for a call-up shall be submitted in writing to the Director within 10
days of the decision.$eing.ehallenged.
2. The request for a call-up will be scheduled at a Public Meeting at the next
available BOCC meeting. At this meeting, the BOCC shall, by a majority
vote, decide whether to review the Director's decision.
3. Should it be decided that BOCC will review the Director's decision, the
BOCC shall schedule a Public Hearing and provide notice as required in
the original application. Should it be decided that the Director's decision
will not be reviewed, the Director's decision shall be final.
C. Review Criteria.
The BOCC shall apply the same review criteria under which the original application was
GARFIELD CoUNw LAND UsE AND DEVELoPMENT CoDE 4-18
processed.
4.113. REZONING.
A. Overview.
1. Applications for rezoning shall be reviewed and a recommendation made
by the Planning Commission, and decided by the BOCC.
2. Rezoning may be initiated by the BOCC, the Planning Commission, the
Director, or the owner of the subject property.
3. The rezoning request may be processed concurrently with a Land Use
Change application and review process.
B. Review Process.
1. Applications for rezoning shall be processed according to Table 4-102,'
Common Review Procedures and Required Notice.
2. Corrections to the Official Zone District Map mav occur where conflicts exist
between Recorded Resolutions and the zoninq map. ln these cases the
Director shall determine on a case-bv-case basis whether a correction
should be processed as an Administrative Review.
a. lf the Director determines that the correction shall be processed as an'
Administrative Review the procedure shall follow Section 4-103 of this
code.
b. lf the Director determines that the correction should not be processed
as an Administrative Review then it shall be processed pursuant to 4-
113 B.3.
3. Rezoninq applications that are not corrections shall be reviewed bv the'
Planninq Commission for a recommendation and a decision shall then be
issued bv the Board of Countv Commissioners.
C. Review Criteria.
An application for rezoning shall demonstrate with€ubs+afl{i+ev.iden€e+ha+4ff€#er€xi€+s
@ meet the following criteria:
1. The proposed rezoning would result in a logical and orderly development
pattern and would not constitute spot zoning;
2. The area to which the proposed rezoning would apply has changed or is
changing to such a degree that it is in the public interest to encourage a
new use or density in the area;
3. The proposed rezoning addresses a demonstrated community need with
respect to facilities, services, or housing; and
4. The proposed rezoning is in general conformance with the Comprehensive
Plan and in compliance with any applicable intergovernmental agreement.
4-114. CODE TEXT ASJ|ENDMENT.
A. Overview.
1. Applications for an amendment to the Land Use and Development Code
shall be reviewed and a recommendation made by the Plannlng
Commission, and decided by the BOCC.
2. Amendments to the text of this Code may be initiated by the BOCC' the
GARFTELD CouNTy LAND UsE AND DEVELoPMENT CoDE 4-19
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Level: I + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent at: 1"
Formatted: Indent: Left: 1.5", Numbered + Level: 2 +
Numbering Style: a, b, c, ... + Start at: I + Alignment: Left +
at: 1.25"+Indentat: 1.5"
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Level: 1 + Numbering Style: L, 2,3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent at: 1"
Planning Commission, the Director, or an Applicant owning property that is
subject to the proposed text change. The Garfield County Housing
Authority may also initiate changes to the text of this Code that are
specifically related to Article 8 of this Code.
B. Review Process.
Applications for a Code text amendment shall be processed according to Table 4-'102,
Common Review Procedures and Required Notice.
C. Review Criteria.
An application for a land use code text amendment shall meet the following criteria:
1. The proposed text amendment is in compliance with any applicable
intergovernmental agreements; and
2. The proposed text amendment does not conflict with State law.
4-115. VAR|ANCE.
A. Overview.
1. Applications for variance shall be reviewed and decided by the Board of
Adjustments.
2. Variances are deviations from certain zoning dimensional requirements of
this Code that would not be contrary to the public interest when, owing to
special circumstances or conditions like exceptional topographic
conditions, narrowness, shallowness, or the shape of a specific piece of
property, the literal enforcement of the provisions of this Code would result
in peculiar and exceptional, practical difficulties to or exceptional and undue
hardship on the owner of the property.
B. Review Process.
Applications for a variance shall be processed acmrding to Table 4-102, Common Review
Procedures and Required Notice.
C. Review Criteria.
The following standards shall be satisfied for approval of a request for variance from
specific regulatory provisions of this Code:
1. Special Circumstances or Conditions Exist. One or more of the following
circumstances or conditions exist with respect to the specific property:
a. Exceptional narrowness, shallowness, or shape of the property at
the time of the enactrnent of the regulation in question;
b. Exceptional topographic conditions of the property; and
c. Other extraordinary and exceptional situations or conditions of the
property.
2. Not a Result of the Actions of Applicant. The special circumstances and
conditions have not resulted from any act of the Applicant.
3. Strict Application Consequence. Because of the special circumstances
and conditions found pursuant to section 4-1 '15.C.1., the strict application
of the regulation would result in peculiar and exceptional, practical
difficulties to, or exceptional and undue hardship on, the owner of the
property.
4. Variance is Necessary for Relief. The granting of the variance from the
GARFIELD CoUNw LAND USE AND DEVELOPMENT CODE 4-20
strict application of the provisions set forth in this Code is necessary to
relieve the owner of the peculiar and exceptional, practical difficulties or
exceptional and undue hardship.
5. Not Detrimental to the Public Good. Granting the variance will not cause
substantial detriment to the public good.
6. Variance Will Not lmpair the County's Zoning. Granting the variance will
not substantially impair the intent and purpose of this Code.
4-I 16, ADMINISTRATIVE INTERPRETATION.
A. Overview.
The Director shall make Administrative lnterpretations to this Code when asked by any
person to clarify or interpret any part of this Code.
B. Review Process.
An Adminiskative lnterpretation shall be processed according to Table 4-102, Common
Review Procedures and Required Notice, with the following modifications:
1. Wriften Request. The person requesting the Administrative lnterpretation
shall provide a written request to the Director that contains the provision
within the Code in which the person is requesting the interpretation and any
evidence the person has that may assist in an interpretation.
2. Within'10 business days, the Director shall issue in writing, an
Administrative lnterpretation for the provision of the Code in question. The
written response shall include a summary of the facts and the rational
supporting the interpretation.
C. Review Criteria.
The Director shall use the best facts and evidence available to make an Administrative
lnterpretation of this Code.
4.11?. ADMINISTRATIVE INTERPRETATION APPEAL,
A. Overview.
An appeal may be taken to the Board of Adjustments by any person aggrieved by a final
written Administrative lnterpretation of this Code by the Director.
B. Review Process.
An appeal of an Administrative lnterpretation of the Code shall be processed according to
Table 4-102, Common Review Procedures and Required Notice, with the following
modifications.
1. Application. The appeal shall be filed with the Director within 30 calendar
days of the date of the final written Administrative lnterpretation.
2. Written Notice of Decision. The Director shall provide the Applicant with a
copy of the recorded resolution setting forth the Board of Adjustments'
decision within 30 calendar days of the date of the decision.
C. Review Criteria.
The Board of Adjustments shall consider the following criteria in hearing an appeal of an
Administrative lnterpretation of this Code:
1. The technical meaning of the provision being appealed;
2. Evidence as to the past interpretation of the provision; and
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE 4-21
3. The effect of the interpretation on the intent of this Code.
4.118. WAIVER OF STANDARDS.
A. Overview.
This section allows an Applicant to request a waiver of standards in Article 7 as part of
Land Use Change Permit process.
B. Review Process.
A request for waiver of standards shall be processed according to Table 4-102, Common
Review Procedures and Required Notice, with the following modifications:
1. An Applicant applying for a waiver shall present and justify the waiver
request as part of the application. Failure to make a timely request for a
waiver may result in a staff recommendation to the Decision-Making Body
that the request should be denied. Final approval of any proposed waiver
shall be the responsibility of the Decision-Making Body of the Land Use
Change application.
An approved waiver shall apply only to the specific site for which it is
requested and shall not establish a precedent for approval of other
requests.
C. Review Criteria.
A waiver may be approved if the Applicant demonstrates that the following criteria have
been met by the proposed alternative:
1. lt achieves the intent of the subject standard to the same or better degree
than the subject standard; and
2. lt imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Code.
4.1.I9. ACCOMMODANON PURSUANTTO THE FEDERAL FAIR HOUSING ACT.
A. Overview.
1. The purpose of this process is to provide persons with disabilities or
handicaps seeking equal access to housing under the Federal Fair Housing
Act a procedure to request accommodations in the application of land use
regulations, policies, and procedures.
2. A request for an accommodation allows an individual with a disability or
handicap, his or her representative, or a developer or provider of housing
for individual with disabilities, to seek relief from any land use regulation or
procedure in this Code that may be necessary to ensure equal access to
housing for an individual with a disability.
3. Requests for accommodation may be submitted by any individual with a
disability, his or her representative, or a developer or provider of housing
for an individual with a disability.
B. Review Process.
Request for accommodation shall be processed according to Table 4-102, Common
Review Procedures and Required Notice, with the following modifications:
1. A request shall be submitted in writing on a form provided by the
GARFTELD CouNw LAND UsE AND DEVELoPMENT CoDE
2.
Community Development Department, or in another manner deemed
acceptable by the Director, along with any additional information required.
Notice. The Applicant shall mail notice of the Public Hearing consistent
with section 4-101.E.
Decision.
The BOCC shall approve, conditionally approve, or deny any
request for reasonable accommodation and shall provide notice of
this decision in writing to the Applicant.
lf the request is associated with a Land Use Change Permit or a
division of land, the accommodation request and the land use
application shall be submitted to and acted upon by the BOCC.
Prior to the issuance of any permits relative to an approved
accommodation, the BOCC may require the Applicant to record a
covenant with the County Clerk and Recorder's Office
acknowledging and agreeing to comply with any terms and
conditions established in the decision. The covenant shall be
required only if the BOCC finds that a covenant is necessary to
provide notice to future owners that an accommodation has been
approved.
4. Duration of Approval and Expiration.
a. lf the BOCC approves or conditionally approves the request, the
request shall be granted to an individual and shall not run with the
land unless the BOCC also finds that the modification is physically
integrated into the structure and cannot be easily removed or
altered to comply with the Code.
b. The accommodation may continue to be used and maintained by
the individual with a disability for the duration of his or her tenancy
in the dwelling subject to 4.a., above.
c. Within 60 calendar days of the termination of tenancy, the
reasonable accommodation shall be removed unless the BOCC
has determined that the accommodation may remain as provided
in section 4-1 19.C.
C. Review Criteria.
To approve a request for an accommodation, the BOCC must find the accommodation is
consistent with the Fair Housing Act and both reasonable and necessary considering the
following. The County may impose any condition of approval to ensure that the
accommodation would be reasonable.
1. The dwelling unit, which is the subject of the request for accommodation,
will be used by an individual or a group of individuals with a disability or
handicap protected under the Fair Housing Act.
2. The requested accommodation is necessary to make the dwelling available
to an individual with a disability protected under the Act.
3. The requested accommodation would not require a fundamental alteration
to the land use, zoning, building, fire, or safety codes adopted by the
County.
The requested accommodation would not impose an undue financial or
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3.
b.
7.
administrative burden on the County.
There are no alternative reasonable accommodations available that would
provide an equivalent level of benefit.
The accommodations would be suitable based on the circumstances of this
particular case.
lf applicable, the request would be consistent with the Comprehensive Plan
future land use designation and with the general purpose and intent of the
zoning district in which the accommodation would be located.
The requested accommodation will not substantially affect the physical
attributes of the property.
A. Required Submissions.
This Division identifies the application materials required by this Code, including some
submittal materials required for Article, 5, Divisions of Land.
B. Additional Submissions.
The required application materials are identified below in Table 4-201 . ln addition, the
Director, in his or her discretion, may request any additional information necessary to
adequately review an application and to determine compliance with the standards of this
Code.
GARFIELD CoUNTY LAND UsE AND DEVELoPMENT CoDE
8.
determination oer section 4-106.
inor Temporary Housing FacilitY
of a County Road or Public ROW
in 100-Year Floodplain
request and response to standards.
Develop. 10o-Year Floodplain Variance
Location and Extent Review
Code Text Amendment
of request and response to standards.
Federal Fair Housing Act
rb requestrng a Vested rights period longer than 3 years'
aSre€ment w'tt be required for any project for which the
le aoreement mav be reouired for anv proiect for which
GARFTELD CouNrv LAND UsE AND DEVELoPMENT CooE
4.202. WAIVER OF SUBMISSION REQUIREMENTS.
A. Overview.
The Director may waive or alter any of these requirements if they are determined to be
inappropriate or unnecessary in determining whether the application satisfies applicable
standards. A waiver shall apply only to the specific application for which it was requested
and shall not establish a precedent for approval of other requests.
B. Review Process.
1. Applicant shall request the waiver of a submission requirement in writing
as part of an application submission.
2. The Director shall review the request as part of the completeness review
and make a determination regarding whether to waive or require the
information. The Director may refer the waiver request to the BOCC for
consideration at a Public Meeting.
3. The Director shall notify the Applicant in writing of the determination
whether to waive submission requirements and include a summary of the
decision in the staff report.
4. The Director's determination regarding waiver of submission requirements
is subject to call-up pursuant to section 4-1 12.
C. Review Criteria.
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
Z. The project size, complexity, anticipated impacts, or other factors support
a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating
compliance with approval criteria.
4.203. DESCRIPTION OF SUBMITTAL REQUIREMENTS,
A. Professional Qualifications.
The professional qualifications for preparation and certification of certain documents
required by this Code are as follows:
1 . Civil Engineer. lmprovement plans and reports for water supply, sanitation,
drainage, utilities, soils grading, roads, traffic study' structures, and other
civil engineering required to satisfy the development standards of this code
must be certified by a professional engineer qualified in the specific
discipline and licensed by the State of Colorado.
2. Surveyor. All documents containing land survey descriptions must be
certified by a licensed Colorado Professional Land Surveyor'
3. Geologist. Geology reports shall be prepared by either a member of the
AmeriCan lnstitute of Professional Geologists, a member of the Association
of Engineering Geologists, or a qualified geotechnical engineer licensed in
the State of Colorado.
4. Wildlife Expert. Wildlife impact reports shall be prepared by a qualified
wildlife biologist.
GARFIELD COUNry LAND USE AND DEVELOPMENT CODE
Water Supply Expert. A professional engineer licensed to practice in the
State of Colorado qualified to perform such work.
Vegetation Management Professional. Weed management, revegetation
and reclamation plans and weed inventory reports shall be prepared by a
botanist, ecologist, range scientist, agronomist or other qualified
professional.
Other. Other professionals retained by Applicant to provide studies and
analysis required by this Code shall demonstrate qualification in the
specific field, to the satisfaction of the reviewing body.
B. General Application Materials.
The following basic materials are required for all applications for a Land Use Change
Permit, including division of land.
1. Application Form. Application forms for a Land Use Change Permit shall
be obtained from the Community Development Department. Completed
application forms and accompanying materials shall be submitted to the
Director by the owner, or any other person having a recognized fee title
interest in the land for which a Land Use Change is proposed, or by any
representative acting through written authorization of the owner.
Authorized Representative. lf the Applicant is not the owner of the
land, or is a contract purchaser of the land, the Applicant shall
submit a letter signed by the owner consenting to the submission of
the application.
Applicant is Not the Sole Owner. lf the Applicant is not the sole
owner of the land, the Applicant shall submit a letter signed by all
other owners or an association representing all the owners, by
which all owners consent to or join in the application.
Applicant is an Entity. lf the Applicant is an entity or a trust, the
Applicant shall submit a letter consenting to submission of the
application signed by a person authorized to encumber the property
and a recorded Statement of Authority for that person.
Ownership. The application shall include a deed or other evidence of the
owner's fee title interest in the land for which a Land Use Change is
proposed.
Adjacent Property Owners and Mineral Owners and Lessees. lf
application requires mailed notice, the application shall include
following:
A list and a map of real property, the owners of record and mailing
address, within a 200-foot radius of the subject parcel as shown in
the Office of the County Clerk and Recorder. Said list shall be
generated at least 15 days prior to sending public notice.
A list of mineral estate owners in the Subject Site, their name, and
the mailing address for each owner or lessee.
Fees. Any application for a Land Use Change Permit must be
accompanied by the appropriate fees. A schedule of fees is available
through the Community Development Department. An estimated range of
any potential fees will be disclosed in the pre-application conference
summary. This estimate is nonbinding.
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE
5.
7.
b.
an
the
a,
b.
4.
5.
a. The costs of consultant and referral agency review are the
responsibility of the APPlicant.
b. The County may require a deposit for payment of consultant and
referral agency review fees, based upon estimated consultant
review costs at the time of application, and in addition to the
application fees.
c. The County may suspend the application review process pending
payment of consultant costs.
Project Description. A description of the project including a statement-of
need, and detailed information about the project such as timeline for
development, hours of operation, number of employees, project size
(acreage ofthe site), size of proposed buildings and structures (sq. footage,
height), similar related attributes such as parking lot size, access roadway
information, and overall capacity (i.e. gallons, barrels) or numbers of units
or equipment (i.e. number of residential units, number of compressor units,
pipeline size/length etc.), and an explanation of all functional aspects of the
proposed facility such as the processes, activities, function, operations and
maintenance that will occur as part of the project,
General Requirements for Maps and Plans. The following are general
requirements for any map or plan submitted under the application and
review procedures of this Code:
a. Name or identifying title of the proposed development or use;
b. Total area of the site, in acres;
c. Name, address, and telephone number of the Applicant, person
preparing the map or plan, designer, engineer, surveyor, and any
other consultants of the Applicant; and
d. Date of preparation, revision box, written scale, graphic scale' and
north arrow.
Combination of Map and Plan Requirements. Applicant may request at a
pre-application conference to combine various plan and specification
requirements of this section into a single submission. The Director may
allow combination of the plan requirements if:
a. The information requested to be combined is similar;
b. The requirements can be clearly mapped or drawn; and
c. The Code requirements and sections can be labeled or otheruise
clearly identified.
Applications for Major Projects. The Director shall inform the Applicant of
any project that may include 200 or more employees of the additional
application requirements, including:
a. Estimatedconstructionschedule;
b. Number of employees for construction and operating work force;
c. Direct and indirect tax bases and revenues associated with the
project; and
d. Total direct and indirect population associated with the project,
including the rate, distribution, and demographic characteristics of
the population change.
6.
8.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-28
C. Vicinity Map.
An 8-inch by 1 1-inch Vicinity Map locating the parcel in the County. The Vicinity Map shall
clearly show the parcel and the boundaries of the subject site and all property within a 3-
mile radius of the subject parcel.
D. Site Plan.
Site Plans shall be scaled at 1-inch to 200 feet for properties exceeding 16 acres in size,
or 1 inch to 100 feet for properties less than 16 acres in size. The Director may require,
or the Applicant may choose to submit, a more detailed version of all or part of the Site
Plan. The Site Plan shall include the following elements:
'1, Legal description of the subject parcel;
2. Boundary lines, corner pins, and dimensions of the subject site for the
proposed Land Use Change Permit, including land survey data to identify
the subject site with section corners, distance, and bearing to corners,
quarter corners, township, and range;
3. Existing and proposed topographic contours at vertical intervals sufficient
to show the topography affecting the development and storm drainage;
4. Significant on-site features including natural and artificial drainage ways,
Wetland areas, ditches, hydrologic features, and aquatic habitat; geologic
features and hazards including Slopes, alluvial fans, areas of subsidence,
rock outcrops and rockfall areas, radiological and seismic Hazard Areas,
soil types, and landslide areas; vegetative cover; dams, reservoirs,
excavations, and mines; and any other off-site features of the same type
that influence the development;
5. Existing and proposed parking areas, driveways, emergency turn-outs and
emergency turnarounds, sidewalks, and paths, shown by location and
dimension;
6. Existing and proposed roads, railroad tracks, irrigation ditches, fences, and
utility lines on or adjacent to the parcel, shown by location and dimension;
7. Users and grantees of all existing and proposed easements and rights-of-
way on or adjacent to the parcel, shown by location and dimension;
8. Area of the individual parcels, and the total square feet of existing buildings,
driveways, and parking area;
9. Zone district in which the site is located;
10. Location and dimension of all structures, existing and proposed, and
distance of structures from property lines;
11. Elevation drawings showing existing grade, Finished Grade, and height of
the proposed structures above existing grade;
12. Location and size of leach field, sewer service lines, and treatment facilities
to serve the proposed use;
13. The source and capacity of the water supply, including location and size of
well(s) and/or water lines to serve the proposed use; and
14. Location and size of signs for the purpose of identification, advertising, and
traffic control.
E. Grading and Drainage Plan.
The Grading and Drainage Plan shall include the following elements:
GARFIELD COUNTY LAND UsE AND DEVELoPMENT CoDE 4-29
1.
2.
Site Map. A Site Map showing locations of any existing structures,
Waterbodies or hydrologic features on the site, including intermittent water
features, Wetlands, and the 100-year Floodplain boundaries.
Drainage Structures.
a. Locations of existing and proposed drainage structures or natural
drainage features affecting site drainage on the parcel and within
10 feet adjacent to the site boundary, including street gutters' storm
sewers, drainage channels, and other water conveyance
structures; and Wetlands or other Waterbodies receiving storm
Runoff from the site.
b. Preliminary engineering design and construction features for
drainage structures to be constructed.
Topography. Existing topography at reasonable contour intervals to
provide necessary detail of the site. The map should extend a minimum of
10 feet beyond the property line and show the location of the property line.
Grading Plan. A grading plan showing the proposed topography at
reasonable contour intervals that provides necessary detail of the site. The
plan shall show elevations, dimensions, location, extent' and Slope of all
proposed clearing, and Grading including building site and driveway
grades.
Soil Stockpile and Snow Storage Areas. Probable locations of soil
stockpiles and snow storage areas.
Drainage Plan. Proposed drainage plan.
Equipment Storage Areas. Location of storage areas designated for
equipment, fuel, lubricants, chemical, and waste storage with an
explanation of spill containment structures.
Temporary Roads. Location of temporary roads designed for use during
the construction period.
Areas of Steep Slope. Areas with Slope of 20% or greater shall be
identified by location and percentage of Slope, both for the existing site
conditlons and within the developed area.
Construction Schedule. Construction schedule indicating the anticipated
starting and completion time periods of the site Grading and/or conskuction
sequence, including the installation and removal of erosion and sediment
control measures, and the estimated duration of exposure of each area
prior to the completion of temporary erosion and sediment control
measures.
Permanent Stabilization. A brief description of how the site will be
stabilized after construction is completed.
Erosion Control Measures. Plan view drawings of all erosion and sediment
control measures showing approximate locations and site drainage
patterns for construction phases and final design elements. Text may be
necessary to accompany and explain the drawings. Typical erosion control
measures should be depicted using standard map symbols.
Estimated Cost. Estimated total cost, including installation and
maintenance, of the required temporary soil erosion and sediment control
measures.
3.
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13.
GARFIELD COUNTY LAND USE ANO DEVELOPMENT COOE
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Calculations. Any calculations made for determining rainfall, Runoff, sizing
any sediment basins, diversions, conveyance, or detention/retention
facilities.
Neighboring Areas. A description of neighboring areas with regard to land
use and existing pertinent features such as lakes, streams, structures,
roads, etc.
Stormwater Management. A description of the stormwater management
planning concept for the site, including both structural and nonstructural
best management practices.
Stormwater Management Plan. Copy of the stormwater management plan
application to CDPHE with date of submittal.
Reclamation, Revegetation and Soil Plan. A plan that includes the following
information and is consistent with the standards in section 7-208.
a. A plant material and seed mix list that includes scientific and
common names and the application rate in terms of Pure Live Seed
per acre, a planting schedule that includes timing, methods, and
mulching, and a map with a calculation of the surface area
disturbance in acres of the area impacted (where the soil will be
disturbed).
b. Provisions for salvaging on-site topsoil, a timetable for eliminating
topsoil and/or aggregate piles and a plan that provides for soil cover
if any disturbances or stockpiles will sit exposed for a period of 90
days or more.
c. A Weed Management Plan for all Gaffield County listed noxious
weeds and State of Colorado listed noxious weeds that are targeted
for statewide eradication. The Plan shall include a site specific map
and weed inventory. A Weed Management Plan is required if an
area 1 acre or greater is disturbed for the purposes of site
construction, development or grading but not including areas
serving the longterm function of the site (i.e. building footprint, road
surface or permanent parking areas).
d. A revegetation security may be required if, in the determination of
the County Vegetation Manager, the proposed project has:
(1) A potential to facilitate the spread of noxious weeds;(2) A potential to impact watershed areas;(3) A potential for visual impacts from public viewing corridors;(4) Steep Slopes 15% or greater or unstable areas; and/or(5) Disturbs an area 1 acre or greater where topsoil is
exposed for the purposes of site construction,
development or grading but does not comprise the long-
term functioning of the site (i.e. building footprint, road
surface or permanent parking areas).
e. The revegetation security will be in an amount to be determined by
the County Vegetation Manager that will be site specific and based
on the amount of disturbance. The security shall be held by the
County until vegetation has been successfully reestablished, or for
a period of time approved by the County Vegetation Manager in any
specific land use action, according to the Reclamation and
GARFIELD COUNTY LAND USE AND DEVELoPMENT CoDE 4-31
Revegetation Standards section in the Garfield County Weed
Management Plan. The County Vegetation Manager will evaluate
the reclamation and revegetation prior to the release of the security'
The security shall be subject to all provision of Article 13.
19. Hydraulic calculations. Hydrologic, hydraulic, and all other calculations
used to size and design drainage facilities and/or structural BMPs'
20. Maintenance Requirements. Maintenance requirements for all proposed
BMPs should be discussed including access, schedules, costs, and
designation of a responsible party.
21 . Spill Prevention Control and Countermeasures Plan, if Applicable. A SPCC
Pian will be required for any facility with the potential to discharge oil of any
kind or in any form including, but not limited to, petroleum' fuel oil, sludge,
oil refuse and oil mixed with wastes, in quantities that may be harmful to
navigable water and adjoining shoreline, per EPA regulations.
22. Additional lnformation or Detail. Other information or data and additional
detail as may be reasonably required by the Director.
23. Signature Blocks. Signature block for owner or legal agent acknowledging
the review and acceptance of responsibility, and a signature and stamped
statement by the qualified individual acknowledging responsibility for the
preparation of the Grading and Drainage Plan.
F. Landscape Plan.
Landscape Plans shall be scaled at 1 inch to 20 feet for properties exceeding '16 acres in
size, or 1 inch to 10 feet for properties less than 16 acres in slze. The Landscape Plan
shall demonstrate compliance with section 7-303 and shall include, at a minimum, the
following elements:
1. Topographic information at least 2-foot contour intervals;
2. Location of all lot lines and improvements to the property, and location of
any easements of record;
3. ldentification of all existing deciduous tree and coniferous trees of 6 inches
in caliper or greater, and which trees will be preserved and which trees will
be removed or relocated; areas where other existing vegetation will either
be preserved or removed; the type, location, size, and number of plants
that will be installed; and specified seed mixtures;
4. An estimate of the cost of supplying and installing the materials depicted in
the LandscaPe Plan; and
5. A description of the proposed program to maintain the landscaping after it
has been installed.
G. lmpact Analysis.
where the proposed development will impact specific features of the site, the Applicant
shall describe both the existing conditions and the potential changes created by the
project. The lmpact Analysis shall include a complete description of how the APPlicant will
ensure that impacts will be mitigated and standards will be satisfied. The following
information shall be included in the lmpact Analysis:
'1. Adjacent Land Use. Existing use of adjacent property and neighboring
properties within 1,500-foot radius.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
CommenH [XAE2!: should we Emovethis section dE to
redundancles with standards? How do we prewnt Edundtncies if
we keep this sectlon?
2. Site Features. A description of site features such as streams, areas subject
to flooding, lakes, high ground water areas, topography, vegetative cover,
climatology, and other features that may aid in the evaluation of the
proposed development.
3. Soil Characteristics. A description of soil characteristics of the site that
have a significant influence on the proposed use of the land.
4. Geology and Hazard. A description of the geologic characteristics of the
area including any potential natural or manmade hazards, and a
determination of what effect such factors would have on the proposed use
of the land.
5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship
of the subject parcel to Floodplains, the nature of soils and subsoils and
their ability to adequately support waste disposal, the Slope of the land' the
effect of sewage effluents, and the pollution of surface Runoff, stream flow,
and groundwater.
6. Environmental lmpacts. Determination of the existing environmental
conditions on the parcel to be developed and the effects of development
on those conditions, including:
a. Determination of the longterm and short-term effect on flora and
fauna;
b. Determination of the effect on designated environmental resources,
including critical wildlife habitat;
c. lmpacts on wildlife and domestic animals through creation of
hazardous aftractions, alteration of existing native vegetation'
blockade of migration routes, use patterns, or other disruptions; and
d. Evaluation of any potential radiation hazard that may have been
identified by the State or County Health Departments.
7. Nuisance. lmpacts on adjacent land from generation of vapor, dust'
smoke, noise, glare or vibration, or other emanations.
8. Hours of Operation. The Applicant shall submit information on the hours
operation of the proPosed use.
H. Rezoning Justification RePort.
A report that explains how the rezoning will satisfy the approval criteria for a rezoning set
forth in section 4-'l 13.C., ReviewCriteria.
l. Statement of Appeal.
A written statement of the Director's decision to be called-up or the interpretation to be
appealed, the date of that decision/interpretation, and the reasons why the
ApplicanUappellant believes that the decision/interpretation of the Director is incorrect,
including any materials or evidence to support the call-up or appeal'
J. Development Agreement.
The BOCC may enter into a development agreement with the Applicant specifying the
terms and conditions of approval for an extended vested rights period. The Applicant must
submit a draft development agreement containing the following information, in a form
acceptable to the County Attorney's Office. The development agreement shall be signed
by the Applicant, the BOCC, and all owners of the subject property. The development
agreement must include the following:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-33
1. Phasing schedule; and
2. Language establishing a vested property right pursuant to the provisions of
section 2-202, Establishment of Vested Property Rights.
lmprovements Agreement.
1. Purpose. Whenever there are public improvements identified as
requirements of project or Subdivision approval, the BOCC, prior to
issuance of any Land Use Change Permit or approval of a Subdivision or
Exemption Final Plat, shall require the Applicant to file a guarantee of
financial security deemed adequate by the BOCC and payable to the
County pursuant to Article 13, and to execute an improvements agreement.
The purpose of the financial guarantee and improvements agreement is to
ensure the following:
a. The project or development is completed, including reclamation of
property to return the property to pre-existing conditions and
remove structures to 1 foot below ground level;
b. The Applicant performs all improvements, mitigation requirements,
and permit conditions in connection with the construction,
operation, and termination of the project or development;
c. The Applicant addresses responsibility for increased demand on
public facilities and services as a result of the construction,
operation, and termination of the project or development; and
d. ln the event that the project or development is suspended, curtailed,
or abandoned, the County can complete the project or development
and necessary improvements, or restore the property to its original
condition or an acceptable condition at no additional cost to the
County.
2. Compliance with Design Standards. The improvements shall adhere to
design standards of the County or prevailing engineering practices as
required by the BOCC.
3. Provisions forTimely Completion. The agreement shall make reasonable
provision for completion of the specified improvements in a specified time
period, with appropriate phasing, as a condition of acceptance by the
BOCC.
4. Amount and Types of Security. Security shall equal in value the cost of
improvements to be completed, but shall not be required on the portion of
a development subject to Plat restriction. The amount of security may be
incrementally reduced as improvements are completed. The
improvements agreement may include any 1 or a combination of types of
security or collateral, as approved by the BOCC, and the Applicant may
substitute security in order to release portions of a Subdivision or
Exemption for sale pursuant to C.R.S. S 30-28-101(1 1 ). A letter of credit
or cash deposit is typically required for public improvements. Depending
on the circumstances, however, the BOCC may accept the following types
of security or collateral:
a. Restrictions on the conveyance, sale, or transfer of any lot, lots,
tract, or tracts of land within the Subdivision or Exemption as set
forth in the Plat or as recorded by separate instrument;
b. Performance or property bonds;
GARFIELD COUNTY LAND UsE AND DEVELoPMENT CoDE
K.
c. Private or public escrow agreements;
d. Loan commitments;
e. Assignments of receivables;
f. Liens on property;
g. Letters of credit;
h. Deposits of certified funds; and
i. Other similar surety agreements.
5. Necessary Provisions. The improvements agreement must address the
following if applicable to the project:
a. Necessary deeds or transfer of property;
b. Provisions for construction of improvements;
c. Performance guarantees and letters of credit;
d. Payment of sewer and water tap fees;
e. Payment of any other necessary fees;
f. Transfer of water rights;
S. Transfer of roads and improvements, rights-of-way, and other
common elements;
h. Agreements to provide digital and hard copies of "as built" plans;
i. Methods of providing perpetual maintenance of common property
and equipment;
j. Provisions for a Homeowner Association, including final
covenants/restrictions and HOA materials;
k. Process for amending the improvements agreement; and
l. Covenants and enforcement provisions.
L. Traffic Study.
Assessment of traffic impacts is required based upon a Traffic Study prepared in
compliance with this section.
'1. Type of Study Required.
a. The Traffic Study shall be comprised of a basic Traffic Analysis
utilizing existing County traffic counts as mapped, the Manual on
Uniform Traffic Control Devices, accepted Trip Generation
manuals, and current standards as applied by the CDOT.
b. The Traffic Study may also include a detailed Traffic Analysis if the
Director determines that any 1 of the following thresholds is
exceeded:
(1) Traffic volumes projected at any intersection when a State
or Federal highway exceeds current volumes by 20%, as
determined by CDOT using current traffic counts and
CDOT-approved m ethodology;
(21 Traffic volumes projected on any County road segment
exceed current volumes by 20o/oi or
(3) Traffic volumes on any road segment identified or contained
within an approved municipal street plan within a 1-mile
radius exceed current volumes by 30%.
GARFIELD COUNTY LAND USE AND OEVELOPMENT CODE
2.
c. Study Preparation. The Traffic Study shall be prepared by a
qualified professional engineer, experienced in transportation
engineering.
d. Revisions to Traffic Study. Revisions to the Traffic Study shall be
provided as required by the County. The need to require revisions
will be based on the completeness of the Traffic Study and the
thoroughness of the evaluation.
BasicTrafficAnalysis. TheBasicTrafficAnalysisshall includethefollowing
information:
a. A map or maps depicting the parcel or activity area and showing
the following information:
(1) Existing and proposed internal roads, adjoining roads,
access points, and access polnts for the finished
development;
(21 All County roads within a 1-mile radius of the development;
(3) The nearest proximate intersections with State or Federal
highways likely to receive traffic impacts from the
develoPment; and
(4) Activity areas for construction activity.
b. A narrative description of existing land uses on the parcel, including
the following information:
(1) Current Trip Generation estimates at existing access points;
(21 County driveway permits for the access points and status;
(3) Permit requirements for access to a State highway, railroad
crossings, and status;
(4) All access easements and information regarding the legal
status ofthese easements; and
(5) Other appropriate current traffic information and legal
constraints that maY aPPlY.
c. A narrative description of proposed land uses and Trip Generation
projections for each use, based on current Trip Generation manuals
or other credible and defensible analysis. Trip Generation
projections shall be required for both the construction phase(s) and
for the completed development, with a breakdown of traffic into
categories of heavy trucks and other vehicle types for existing'
temporary, or proposed new access points.
d. A narrative description of the construction phase(s) of the
development, including the following:
(1) Staging and storage areas;
(21 Temporary access Points;
(3) Duration, types, and frequency of heavy truck traffic;
(4) Access road segments to be impacted;
(5) Projected lane closures or traffic interruption, and a
statement of mitigation measures that will be applied to
minimize disruption and damage; and
GARFTELD COUNTY LAND USE AND DEVELOPMENT CODE
(6) All County or State permits that will be required.
Map depicting existing Average Daily Traffic count information for
all County road segments and State or Federal highway
intersections, at the appropriate map scale' The map shall also
include the following information:
The likely increase in Average Daily Traffic of trucks for
construction activity and Average Daily Traffic for the
completed development; and
Where a development has 2 or more access points, the
anticipated trip distribution and assignment for each access
point, supported by a narrative describing rationale for the
projected allocation of trips by access points and road
segment.
Detailed Traffic Analysis. ln addition to the information provided in the
Basic Traffic Analysis, the following information shall be provided in a
Detailed Traffic Analysis. The Detailed Traffic Analysis must show the
highest probable volumes from the proposed uses and densities to be
allowed at build-out. The Detailed Traffic Analysis shall include an analysis
of the existing and proposed levels of service and shall address adequacy
of capacity for the proposed use, and any additional information available
and applicable to County roads.
Access points to and from the development shall be analyzed for
AM and PM peak hour use for turning movements to determine the
necessity for traffic control and signalization, geometrics including
turning lanes and acceleration and deceleration lanes, and signage.
County Road segments where traffic is expected to increase by
over ZOok shall be characterized in detail by current level of service,
roadway condition and type, lane width, shoulder characteristics
and condition, available right-of-way, speed limits, any weight limits'
existing safety concerns and considerations, likely increases in
maintenance requirements, and status for improvement in the
County capital improvements plan. Probable maintenance and
improvement cost estimates shall be provided'
County road intersections where traffic is expected to increase by
over 2Oo/o shall be characterized by existing traffic control and
signalization, AM and PM peak hour utilization with turning
movements, projections for levels of service, and recommended
modifications for intersection geometrics, including turning lanes'
control or signalization devices, acceleration or deceleration lanes,
and advance signage where appropriate. Probable cost estimates
shall be provided.
State or Federal highway intersections where traffic is expected to
increase by over 20% shall be characterized by existing traffic
control and signalization, AM and PM peak hour utilization with
turning movements, through movements as applicable, projections
for levels of service, and recommended modifications for
intersection geometrics, including turning lanes, control or
signalization devices, acceleration or deceleration lanes, and
advance signage. Consultation with the Colorado Department of
(1)
(21
b.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-37
4.
Transportation is required and shall be documented. Probable cost
estimates shall be provided.
Calculation of On-Site and Off-Site lmprovements and Fees.
A narrative description shall be included for on-site improvements
to be dedicated or constructed relating to traffic control and
accommodation (i.e., dedicated right-of-way, improvement of
existing access points, addition of new access points, signalization,
turning lanes, acceleration/deceleration lanes, etc.).
A narrative description and Site Plans shall be provided for
improvements for any off-site County road segments necessary to
maintain a level of service C, per the Highway Capacity Manual and
for any County intersections necessary to maintain a level of service
D.
A narrative description and Site Plans shall be provided for
improvements for any State highway intersections deemed
necessary by CDOT. The County is not required to approve any
development where facilities in place are not adequate to serve the
proposed use.
Calculation of County road impact fees due for the proposed
development and any off-site costs identified that are not already
part of the currently-approved County capital improvements plan.
A proposed funding and phasing plan shall be provided for work
necessary to be performed off-site that is not an identified project in
the County capital improvements plan. For projects that are
identified in the County capital improvements plan, the Applicant
may propose the County move the project foruard in time or priority
in light of a cost-sharing arrangement.
5.Additional Submittal Requirements and Documentation.
Existing County permits, including driveway permits and access
permits;
Existing access easements:
Existing permits from CDOT, railroads, or other applicable entities;
Evidence of consultation with the County for future access
locations;
Evidence of consultation with CDOT for future access permits, as
applicable;
Any proposed access easements, agreements, and modifications
and current status; and
Any proposed noise barrier or sound wall improvements.
b.
d.
a,
b.
c.
d.
f.
g.
Water Supply and Distribution Plan.
1. Water Supply. For the purposes of this plan, 1 Single-Family Equivalent
(SFE) shall equal 350 gallons of water per day, regardless of the type of
use.
Water Supplied by a Water Supply Entity. Any development that
will be served by a Water Supply Entity shall submit a letter
prepared by the engineer of the Water Supply Entity, stating
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
M.
a.
b.
whether the Water Supply Entity is willing to commit and has the
ability to provide an Adequate Water Supply for the proposed
development.
(1) At a minimum, the lefter shall include:
(a) An estimate of the water supply requirements for the
proposed development through build-out conditions;
(b) A description of the physical source of water supply
that will be used to serve the proposed development;
(c) An estimate of the amount of water yield projected
from the proposed water supply under various
hydrologic conditions;
(d) Water conservation measures, if any, that may be
implemented within the proposed development;
(e) Water demand management measures, if any, that
may be implemented to address hydrologic
variations; and
(0 Such other information as may be required by the
BOCC.
(2) ln the alternative, an Applicant shall not be required to
provide a letter if the water for the proposed development is
to be provided by a Water Supply Entity that has a water
supply plan that:
(a) Has been reviewed and updated, if appropriate,
within the previous 10 years by the governing board
of the Water Supply Entity;
(b) Has a minimum 2O-year planning horizon;
(c) Lists the water conservation measures, if any, that
may be implemented within the service area;
(d) Lists the water demand management measures, if
any, that may be implemented within the
development;
(e) lncludes a general description of the Water Supply
Entity's water obligations;
(0 lncludes a general description of the Water Supply
Entity's water supplies; and
(S) ls on file with the local government.
14 SFE or Fewer. Developments that require water for 14 SFE or
fewer and will not be served by a Water Supply Entity shall provide
a plan that describes how the water supply will be sufficient for
build-out of the proposed development in terms of water quality,
quantity, dependability, and availability. ln determining adequacy
of the proposed water supply, the following considerations shall
apply in addition to requirements of the State Engineer and County
Public Health Department:
(1) The average daily demand of the entire service area and the
proposed development shall accommodate peak demands
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-39
(2t
(3)
(4)
to service the total development population and shall
account for any irrigation or agricultural uses.
The average daily demand for commercial and industrial
uses shall be reviewed based on the anticipated demand of
the proposed development, based on standard engineer's
criteria.
The demand for irrigation water shall be based upon the
type of vegetation to be maintained, soil characteristics, the
historic yield of the property, and available water rights.
The water supply demand for fire protection shall be based
upon recognized and customary engineering standards and
requirements of the applicable fire protection district.
Subdivision developments shall comply with the provisions
of section 7-'109, Fire Protection.
For projects served by wells:
(a) A minimum 4-hour pump test shall be performed on
the well(s) to be used. The results of the pump test
shall be analyzed and summarized in a report,
including basic well data (size, depth, static water
level, aquifer, etc.) pumping rate, draw down,
recharge, and estimated longterm yield. The report
shall be prepared by a qualified professional
engineer or ground water hydrologist and shall
include an opinion that the well will be adequate to
supply water for the proposed uses. The report shall
atso address the impacts to ground water resources
in the area.
(b) lf a well is to be shared, an Applicant shall submit a
legal well-sharing declaration addressing all
easements and costs associated with operation and
maintenance of the system and identifying the
person responsible for paying costs and how
assessment will be made for those costs.
(c) Water quality shall be tested by an independent
testing laboratory for the following contaminants:
alkalinity, arsenic, cadmium, calcium, coliform
bacteria, chloride, conductivity, copper, corrosivity,
fluoride, hardness, iron, lead, magnesium,
manganese, nitrate/nitrite, pH, sodium, sodium
adsorption ratio, sulfate, total dissolved solids,
uranium, zinc and alpha/beta radioactivity.
Additional testing may be required for other
contaminants that occur within the County. The
results shall show that the Maximum Contaminants
Levels (MCLs), as set forth by the CDPHE within the
Colorado Primary Drinking Water Standards, are not
exceeded, or the Applicant has otherwise identified
a treatment system that will bring the water within
acceptable MCLs. Annual testing, testing for other
(s)
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
d.
contaminants, and testing for secondary drinking
standards including taste, odor' color, staining,
scaling, and corrosion is also recommended'
Greater than 14 SFE. Developments that require water for greater
than 14 SFE and that will not be served by a Water Supply Entity
shall provide a plan that describes the following:
(1) An estimate of the water supply requirements for the
proposed development through build-out conditions'
(21 A description of the physical source of water supply that will
be used to serve the proposed development'
(3) An estimate of the amount of water yield projected from the
proposed water supply under various hydrologic conditlons'
(4) For projects served bY wells:
(a) A minimum 4-hour pump test shall be performed on
the well(s) to be used. The results of the pump test
shall be analyzed and summarized in a repo('
including basic well data (size, depth, static water
level, aquifer, etc.) pumping rate, draw down,
recharge, and estimated long-term yield The report
shall be prepared by a qualified engineer or ground
water hydrologist and shall include an opinion that
the weli will be adequate to supply water for the
proposed uses. The report shall also address the
impacts to ground water resources in the area'
(b) lf a well is to be shared, an Applicant shall submit a
legal well-sharing declaration addressing "l!easements and costs associated with operation and
maintenance of the system and identifying the
person responsible for paying costs and how
assessment will be made for those costs'
(c) Water quality shall be demonstrated by complying
with CDPHE's drinking water standards or all
Development Permits requiring a water demand of
14 SFE or greater.
(5) Water conservation measures, if any, that may be
implemented within the development.
(6) Water demand management measures, if any, that may be
implemented within the development to account for
hydrologic variabilitY.
(7) Evidence of ownership or right of acquisition of or use of
existing and proposed water rights.
(8) Such other information as may be required by the BOCC'
Development That is a Division of Land. lf the development is a
division of land and is not served by a Water Supply Entity' the plan
shall include all the information required in section 4-203'M'1'b or
section 4-203.M."1 .c. depending on SFE, as well as the following
evidence required by C.R.S. $ 30-28-133(3)(d):
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-41
(1)
(21
(3)
(4)
(1)
(2t
(3)
b.
e.
2.Water Distribution. For a water supply that serves 15 or more taps, or 25
people, or is located within 400 feet of an existing Central Water System
and connection is practicable and feasible, a central water Distribution
System is required. The system shall be designed by a qualified
piofessional engineer licensed by the State of Colorado and shall be
approved by the CDPHE and the County'
Historic use and estimated yield of claimed water rights;
Amenability of existing rights to a change of use;
Evidence that private water owners can and will supply
water to the proposed Subdivision stating the amount of
water available for use within the Subdivision and the
feasibility of extending service to that area; and
Evidence concerning the potability of the proposed water
supply for the Subdivision.
Sized for lnitial and Future Demand' The water Distribution System
shall be sized to meet both the initial and future demands of the
proposed development.
Sized for Maximum Day Demand. The system shall be sized for
maximum day demand plus fire or peak hour demand, whichever is
greater.
Water Mains. All water mains shall be the minimum diameter
necessary to the water demands for the project based on standard
engineering criteria.
Quality and Material Specifications. Material specifications for all
water Distribution Systems shall be approved by the County
Engineer. Proposed specifications shall include the following:
Unless otherwise approved by the County Engineer,
maximum day demand shall be 3.0 times average day
demand, and maximum hour demand shall be 6.0 times
average day demand.
Minimum residual pressures shall be 40 psi under maximum
hour demands; 20 psi if direct flow is used.
The actual pressure in the supply system under the
conditions specified shall be used in designing the
Distribution System. Assumed future supply pressures and
points of connection for designing the system in all other
cases shall be subject to the approval of the County
Engineer. lf future connection to a different supply system
is anticipated, critical pressure in that system may be used
as the starting design Pressure.
Water Lines. Where dead-ends are proposed for cul-de-sacs, there
shall be a fire hydrant or blow-off valve at the end of the line'
Otherwise, all lines shall be looped with no dead-ends included in
the system.
d. Stem Design. Onlot water supply stems shall be designed to
minimize or eliminate infi ltration.
GARFIELO COUNTY LAND USE AND OEVELOPMENT CODE 4-42
(1) The strength rating for distribution piping and fittings with fire
flow demand shall have a minimum safety factor of 4 times
the anticipated internal operating pressure.
(21 The Distribution System shall be designed for a minimum
service life of 50 years.
(3) The Distribution System shall have sufficient cover to
prevent freezing.
Wastewater Management and System Plan.1. WastewaterManagement.
a. lf the proposed land use is to be served by an existing public
collectlon system and treatment facilities, evidence that provision
has been made for adequate service to the proposed land use, in
compliance with State and local regulations.
(1) Evidence that the existing collection system and treatment
facilities can and will provide adequate service for the
proposed land use.
(21 A letter of commitrnent for service from an authorized
representative of the entity that owns and operates the
system. The letter shall include evidence that the facility
and system is adequate to serve the proposed land use.
(3) Description of the legal entity that owns and operates the
collection and treatment facilities.
(4) Description of the proposed method of financing the
collection and treatment facilities service to the proposed
land use.
b. lf On-Site Wastewater Treatment Systems (OWTS) are proposed,
the following information shall be provided:
(1) Evidence that the OWTS will comply with the County's
OWTS requirements and requirements of the CDpHE,
Water Quality Control Commission;
(21 Documentation of soil percolation tests and other studies
required to determine maximum seasonal groundwater level
and depth to bedrock, in compliance with the County's
lndividual Sewage Disposal requirements;
(3) Test locations shall be indicated on the Plat;
(4) Tests shall be performed by a qualified professional
engineer; and
(5) A proposed management plan for operation and
maintenance of on-site systems.
c. lf a new wastewater treatment facility is proposed, the following
information shall be provided:
(1) A general description ofthe proposed collection system and
treatment facilities;
(21 A copy of the completed Colorado Department of Health
Waste Water Treatrnent Plant Site Location Approval
Application;
GARFIELo CoUNw LAND UsE AND DEVELoPMENT CoDE
N.
d.
e.
(3) Description of the legal entity that will own and operate the
collection and treatrnent facilities; and
Description of the proposed method of financing the collection and
treatment facilities.
Wastewater System Design. A wastewater system shall be
designed by a qualified professional engineer licensed by the State
of Colorado, and reviewed by the Community Development
Department. The system shall be designed in compliance with the
standards established by the CDPHE. Site location approval shall
be obtained from the Colorado Water Quality Control Commission
for systems requiring their approval.
(1) The collection system shall not be designed for less capacity
than the anticipated maximum daily sewage flow or
treatment requirements. Where guidelines and standards
are not available, the design intended for use shall be
reviewed by the Community Development Department.
(21 Collection systems shall be designed and sized to comply
with the guidelines and requirements of the applicable
service provider. Approval of the proposed system by the
service provider shall be a recommended condition of
approval. Collection systems shall be sized to meet present
and future demands of the proposed development.
Oversizing for likely extensions may be required.
Occupancy Restrictions. Where connection to a central collection
and treatment system is proposed and approved, but not available
until installation or expansion of such facilities is completed, no uses
shall occupy the lot until the collection and treatment system is
available to service the proposed use.
Repair and Maintenance. Adequate provisions for repair and
maintenance of the wastewater system shall be required.
Public Systems. For proposed developments within 400 feet of an
existlng sanitary sewer main, the BOCC may require the subdivider
to make provisions for the extension of service, including escrow
funds for the installation of sewer mains and house connections, in
addition to the installation of temporary individual on-site sanitary
disposal systems.
Private Systems. lf a public system is not available, a central on-
site treatment plant and collection system or dry line with an OWTS
may be used until the central system is available. The system shall
be in compliance with appropriate municipal standards, and
accepted by the County Public Health Department.
(1) Where a septic system or OWTS is allowed, it shall be
comply with the County OWTS regulations.
(2) Where individual or central on-slte treatment systems are
proposed, lots shall be laid out to provide a suitable
treatment area for each lot or grouping of lots in
s.
h.
GARFIELD CoUNw LAND UsE AND DEVELoPMENT CoDE
conformance with criteria established by the County.
Where leach fields are proposed, evaluation of a suitable
treatment area shall include soil suitability, slopes, surface
hydrology, and water table depth, including anticipated
variation with time.
Percolation tests shall be sufficient to reasonably assure
that each lot will have a suitable treatment area.
Larger lots may be required to accommodate the capacity
of the proposed treatrnent system.
Each site in the development shall be capable of
accommodating a septic system or accommodating an
alternative engineered system in compliance with
requirements of the County Public Health Department.
j. Minimum Lot Requirements for Private Systems. The proposed
system shall comply with the minimum lot requirements set forth in
Table 7-105. However, the minimum lot area may be increased and
the number of uses permifted under the applicable zoning district
may be decreased if the County Public Health Department
determines that the proposed use of septic tanks or other individual
sewage treatment facilities could result in a danger to public health.
O. Floodplain Analysis.
When a project is located within a Special Flood Hazard Area, if there is an indication or
suggestion that a project is located in a SFHA, or if a project is a division of land or a PUD
over 5 acres in size or proposes 50 lots or greater, the application must include a
Floodplain Analysis.
1. Floodplain Specific Site Plan. The Applicant shall submit a Site Plan with
specific information pertaining to the SFHA and shall include the following
elements. The Floodplain Administrator may require, or the Applicant may
choose to submit, a more detailed version of all or part of the Site Plan. Any
elevation information shall be provided in the North American Vertical
Datum of 1988.
(3)
(4)
(5)
(6)
a.
b.
c.
d.
e.
f.
s.
h.
Base Flood boundary and water surface elevations;
Floodway boundary;
Channel of water course;
Existing and proposed topographic contours shown at vertical
intervals of no greater than 2 feet;
Elevation of the Lowest Floor, including Basement and garage, or
each existing and proposed structure;
Proposed elevations to which structures will be flood-proofed;
Existing and proposed location, dimension, and elevation of
proposed landscape alterations, structures, streets, water supply
and any sanitation facilities;
Boundaries and total land area of existing and proposed impervious
surfaces, including structures; and
i. Location of existing water supply ditches, irrigation ditches and
GARFIELD CoUNTY LAND USE AND DEVELoPMENT CODE 4-45
4.
laterals.
A certificate from a qualified professional engineer or architect that the
nonresidential flood-proofed structure shall meet the flood-proofing criteria
in section 3-301.C.2., Specific Standards for Nonresidential Construction.
An elevation certificate from a qualified professional surveyor, engineer or
architect that certifies that all residential construction and mechanical
equipment will be at least 1 foot above BFE.
Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
An engineer's report completed by a qualified professional engineer
experienced in hydrology or hydraulics, using a methodology acceptable to
FEMA or the CWCB, that address the standards in section 3-301.8-G. of
this Code.
General application materials pursuant to . 4-203.B.
A Vicinity Map presented on a USGS 7.5-minute series quadrangle at a
scale of 1 inch equals 2,000 feet or equivalent, with a topography depicted
at a minimum of 4O-foot intervals, and that indicates the following:
a. The section, township, and range of the subject parcel and the
location of Minor Facility within the subject parcel and the Permitted
Site;
b. General relation to surrounding public roads, private roads,
adjacent utility systems, residential development, other actively
permitted Minor and Major Facilities, natural drainage courses, and
municipalities within 1 mile of the proposed Minor Facility;
c. North arrow and scale: and
d. GPS coordinates and current surface ownership of the subject lot.
Site Plan consistent with section 4-203.D. and including the following
information:
a. The proposed location and anticipated layout for the Facility.
b. Site specific, surveyed maps depicting the location of the Facility,
located within the Permitted Site within the subject parcel.
c. The dates of installation and removal for the Facility. The list shall
also include the estimated total cumulative length of time that the
Facility is anticipated to be installed at the proposed location.
d. The sewage and wastewater disposal, trash receptacles, potable
water storage, all other associated infrastructure, and all other
equipment located within the Permitted Site.
e. ldentification of the private and public roadways accessing the
Facility. Roadways shall be marked as open, gated, and/or locked
A. Submission Requirements.
Applications for a Minor Temporary Housing Facility must include the following:
GARFIELD CoUNTY LAND UsE AND DEVELOPMENT CooE
5.
(include combinations). Detailed directions, with mileage, shall be
given from the nearest town within the County, nearest County
Sheriffls Office dispatch location, and responsible fire district
headquarters to each Minor Facility along each roadway.
f. The name, address, and phone number of surface owner of the
subject lot or the Permitted Site if the Permitted Site is within the
Resource Land Zone Districts.
S. The name, address, and phone number, including a 24-hour
emergency response number of at least 2 persons responsible for
the Operator's emergency field operations; contact numbers for
local Hospitals, emergency response, fire protection districts, the
County Sheriffs Office, Life/Care Flight, and applicable regulatory
agencies; site safety/evacuation plan; and any other written
response plan for potential emergencies at the Permitted Site.
Sign-offs from the County Sheriffs Office, relevant fire protection district(s),and Community Development Department consistent with the
requirements of this Code.
Use and Occupancy Certification.
a. A legible photo of the State Division of Housing Seal certifying the
housing unit that will be used meets the use and occupancy per
Building Code; or
b. Stamped certification by the State Department of Housing that the
use and occupancy of the housing unit will meet the building and
fire code requirements.
A description of infrastructure and services that will be provided at the site.
Evidence of the physical and legal water supply and a general description
of the water system planned for potable water, along with details regarding
number and volume of potable water tanks; source of water; name of
hauler; hauler's CDPHE identification number; and copy of hauler's
CDPHE certification, frequency of delivery, calculation of water demand,
and demonstration of adequate capacity.
A general description of the system planned for collection and storage of
sewage and wastewater, along with details regarding number and volume
of sewage and wastewater vaults; name of hauler; frequency of pickup;
identification of sewage disposal site; calculation of sewage and
wastewater treatment demand; and demonstration of adequate storage
and/or treatment capacity.
A general description of the system planned for collection and disposal of
refuse, including number, type, and volume of collection containers; name
of hauler; frequency of collection; and identification of refuse disposal site.
A list of adjacent surface owners, as identified in the records of the County
Assessor or the Clerk and Recorder's Office, located within 200 feet of the
subject parcel or 200 feet from the Permitted Site if the Permitted Site is
within the Resource Land Zone Districts, and a list of separated mineral
estate owners in the subject lot or the Permitted Site if the Permitted Site
is within the Resource Land Zone Districts.
The name, title, address, phone number, and email address of the
Operator's Compliance Officer or other authorized representative who is in
6.
7.
B.
L
10.
11.
GARFIELD CoUNTY LAND USE AND DEVELoPMENT CoDE 4-47
charge of ensuring that the Minor Facility is in compliance with the
standards outlined in this Code.
12. A form provided by the Community Development Department and signed
by the Operator's Compliance Officer, indicating that the Minor Facility will
be installed in accordance with all applicable County, relevant fire district,
State, and Federal regulations.
13. A form, provided by the Community Development Department and signed
by the Operator's Compliance Officer, indicating that the Operator submits
to the enforcement provisions identified within this Code.
14. A copy of the permit from the State or Federal agency regulating the
Permitted Site, identifying the location, conditions of approval, time period
for which the permit is valid, and the parameters for reclamation, and
revegetation of the Minor Facility once the State or Federal permit for the
Permitted Site has expired or is otherwise terminated.
{.302. VACATION OF ACOUNTY ROAD OR PUBLIC RIGHT-OF.WAY.
A. Submission Requirements.
An application to vacate a County road or public right-of-way shall contain the following
information:
1. A Vicinity Map showing the following:
a. The location of adjacent properties and any structures within 20 feet
of the boundaries of the vacation, including any publicly-owned
land;
b. Land uses for those adjacent properties;
c. Location of all existing utilities in or adjacent to the proposed
vacation;
d. Existing road rights-of-way within a 20-feet radius of any proposed
vacation; and
e. A survey and map containing a legal description and graphic
depiction of the proposed vacation suitable to be recorded in the
County Clerk and Recorder's Office.
2. A description of the current condition of the road or right-of-way, a Traffic
Analysis of current uses, a description of any gates placed upon the road
or right.of-way, a description of the current and historic uses of the
roadway, and the position of the Applicant concerning continued use of the
roadway for nonmotorized public use.
3. A letter from any involved utility company stating the company's position
on the proposed vacation.
4. A letter from any affected fire district stating that district's position on the
need for maintaining the righfof-way for emergency use.
5. A statement indicating whether the proposed vacation has ever been
established as a County road.
6. A title opinion from an attorney or title company stating the basis (deed,
dedication, prescription, etc.) for the interest in the public or County.
7. A statement indicating whether the proposed vacation provides any access
to public lands. (lf the proposed vacation concerns a road or right-of-way
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE
that extends to public land, the application shall include evidence that all
posting, publication, and notification required by C.R.S. $ 43-2-201.1, has
occuned at least 18 months prior to the date of submittal of the application.)
Names and addresses of all property owners adjacent to that portion of the
right-of-way proposed for vacation, including any public land owners.
GARFIELD CoUNTY LAND USE AND DEVELoPMENT CoDE 4-49
GARFIELD COUNTY, COLORADO
Article 5: Divisions of
Land
Article 5
Divisions of Land
Table of Contents
DrvtsroN 1. GENERAL PROV1S1ONS................ ............ 1
5-101. Types of Land Division. ...."""""""' 1
A. Definition of Subdivision. ............ ...'..." 1
B. Sales Prohibited Prior to Platting. """" 1
5-102. Processes Exempt from Subdivision and Exemption Review ............. 1
A. Boundary or Lot Line Revision or Correction. ".........' """"""" 1
B. Garfield bounty Owned Property. ....."!2
C. Pipelines and Facilities Appurtenant to Pipelines......'....... ....." 2
D. Telecommunication Sites.......... ........." 2
E. Public Utilities Commission Authority. ................."' 2
F. ADU or 2-Family Dwelling Unit........... ..............""'2
G. Certain Leasehold lnterests. .....'.........'.. .-.....""""' 2
H. Certain Private Easements ...-.............' 2
5-103. Subdivision and Exemption Reviews. ..""""""'2
A. Common Review Procedures ..........'...2
B. Notice. .............2
DtvtsloN 2. suBDrvrsloN EXEMPT|ONS......... .'.........45
5-201. Operation of Law....... .....t5
A. Split by Federal or State Right-of-Way lnterest. .......'.....'........45
B. State Statutory Exemptions. .......... ....'45
C. MunicipalAnnexation ..-.....!5
5-202. Public/County Road Split Exemption. ..............45
A. Overview. ......'45
B. Review Process. 45
C. Review Criteria. .........'.'.'..45
5-203. Rural Land Development Exemption............. .....................!6
A. Overview. '...'.'ggB. Review Process. "'.......'....56C. Review Criteria. .............'..56
DtvtstoN 3. suBDrvrsloN............. .............q7
5-301. Minor Subdivision Review... .."........07
A. Overview. '.....'q7
B. Review Process. ..'....'.......07
C. Review Criteria. '.'......'.....'q7
5-302. Major Subdivision Review. ..............29
A. Overview. .'..'..29
B. Sketch Plan Review ......."'78
C. Preliminary Plan Review .....................28
D. Final Plan/Plat Review. .....99
5-303. Conservation Subdivision Review............... ..'..99
A. Overview. .......99
B. Sketch Plan Review ......'...99
GaRrIeTo COUNTV LAND USE AND DEVELOPNACIT COOC
C. Yield Plan Review....... """99
D. Preliminary Plan Review .""" ' '9{4
E. Final PlanlPlat Review. "'919
5-304. Amended Preliminary Plan review """""""""914
A' overview' ""'914
B. Review Process. ' 914
C. Review Criteria. """"""1112
5-305. Amended FinalPlat Review. """'11€
A. Overview. "'1!3
B. Review Process. ' "' ' 1143
C. Review Criteria 11€
5-306. Common lnterest Community Subdivision Review... ""12*
A. Overview. "'12#
B. Review Process. "' "' 12*^
C. Review Criteria. """"""128
5-307. Vacating a final subdivision or subdivision exemption plat.. ........1314
A. Overview. ..1314
B. Review Process. '....'.""1E{5
C. Review Criteria. ....."""'1415
DIVTSION 4. GENERAL SUBMITTAL REQUIREMENTS...... .......Y+6
5-401. Application Materials... ..."""""""141€
A. Required Submissions.........,...... "'1418
5-402. Description of Submittal Requirements........... ...."""""1219
A. ProfessionalQualifications............... .. 'lz1s
B. Yield Plan Map........... "U{g
C. Sketch Plan Map. """"'1719D. Preliminary Plan Map... 192+
E. Final Plan Map.............. .'.' ""' ""'nX
F' Final Plat' "'423
G. Open Space Plan Map........... " " "'ry24
H. VisualAnalysis. ...""""'225
l. Codes, Covenants and Restrictions............ """4%
J. Final subdivision or subdivision Exemption Plat lnformation............ ....4%
Genrrelo Counrv LAND UsE AND DEVELoPnaenr Cooe 5-tt
ARTICLE 5: DIVISIONS OF LAND
ryPES OF LAND DIVISION.5-101. TYPES OF LAND DIVISION.
Division of land is classified by the County as either a "subdivision" or an "Exemption."
A. Definition of Subdivision.
The division of land into 2 or more parcels is a Subdivision and subject to Subdivision
Review unless specifically exempted as follows:
1. Such division occurs by operation of law, without BOCC action, as detailed
in section 5-201; or
2. Such division is established by the BOCC as a County Exemption,
consistent with c.R.s. $ 30-28-101(1o)(d), pursuant to sections 5-202 and
5-203.
B. Sales Prohibited Prior to Platting.
No person with any interest in land located within a Subdivision or Exemption shall
transfer, agree to sell, , or sell any land before the Final Plat has been approved by the
BOCC and recorded with the County Clerk and Recorder'
5.102. PROCESSES EXEMPT FROM SUBDIVISION AND EXEMPTION REVIEW.
The following are not "subdivisions" or "subdivided land" as those terms are defined by State law
and are not subject to County Subdivision or Exemption Review.
A. Boundary or Lot Line Revision or Correction.
Revision to Lot Lines or boundary lines for parcels of land outside of a recorded Plat for
the purpose of revising boundary or parcel lines shall constitute a boundary or Lot Line
revision or correction. lf the proposed change affects a lot within a recorded Subdivision
or an approved Exemption, it does not qualify as a boundary or Lot Line adjustment and
the change must be processed as an Amended Plat pursuant to section 5-305. The
proposed change shall meet the following criteria:
1. There will be no new lots created;
2. There will be no loss of access;
3. There will be no loss of utility service to the parcels;
4. No parcel of land created as a state-exempt 35 acre or greater lot (pursuant
to c.R.s. s 30-28-101(10)b) or (1oXcXl)) will be reduced to less than 35
acres;
5. Merger occurs by way of a recorded deed; and
6. Title is held in the same form and quality of ownership, for example: fee
ownership must remain fee ownership; fee ownership with the possibility of
reverter must remain fee ownership with the possibility of reverter; joint
tenancy with right of survivorship must remain joint tenancy with right of
survivorship.
B. Garfield County Owned Property.
Leases, easements, and other similar, limited property interests in property owned by
Garfield County.
GARFIELD Coutrv LnHo Use eno DrvetoptleruT Cooe 5-l
C. Pipelines and Facilities Appurtenant to Pipelines.
Leases, easements, surface use agreements, and other similar, limited property interests
in land used for oil and gas facilities accessory to a pipeline, as defined in Article 9.
D. Telecommunication Sites.
Leases, easements, and other similar, limited property interests in land used for
telecommunication sites, including without limitation, cell phone, television, and radio
tower sites.
E. Public Utilities Commission Authority.
Land used for a facility subject to Public Utilities Commission Authority and regulated as
a Public Utility through the issuance of a certificate of public convenience and necessity
in accordance with the Colorado Public Utilities Law, C.R.S. $ 40-1-101, ef seq.
F. ADU or 2-Family Dwelling Unit.
An Accessory Dwelling Unit or 2-Unit Dwelling, subject to leasehold interests only and not
for separate sale/gift, and complying with this Code
G. Certain Leasehold lnterests.
A leasehold interest, whether commercial or residential, and whether for the whole or a
portion of a single lot, conveyed by a legally adequate writing for a defined term. The use
associated with the leasehold interest must comply with this Code. lf the leasehold interest
is changed to either an ownership interest (e.g. from apartments to Condominiums), then
the forirerly exempt leasehold parcel is no longer exempt from the definition of
Subdivision.
H. Certain Private Easements.
Private easements between a grantor and a grantee, including Conservation Easements,
regardless of whether the burdened and dominant estates are within a recorded
Subdivision or Exemption.
5.103. SUBDIVISION AND EXEMPTION REVIEWS.
A. Gommon Review Procedures.
Subdivisions and Exemptions shall be processed according to Table 5-103, Common
Review Procedures and Required Notice. Sections 5-202 through 5-306 provide
additional requirements for each procedure.
B. Notice.
Notice shall be provided pursuant to Table 5-103, and shall be consistent with section 4-
101.E, unless otherwise provided.
GARFTELD Couruw LAND UsE AND DEvELoPuenr Cooe 5-2
AddlUonal Roqulrsmonts
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
5.201. OPERATION OF LAW.
The BOCC acknowledges certain divisions of interests in land to which, by operation of law, the
terms "subdivision" and "subdivided land" do not apply. These divisions are exempt from County
Subdivision and Exemption review.
A. Split by Federal or State Right-of-Way lnterest.
Parcels split by a Federal or State right-of-way, for whatever purpose, in which the United
States or the State of Colorado holds a fee or right-of-way interest, and railroad rights-of-
way under the authority of the U.S. Surface Transportation Board or other responsible
Federal agency which have not been abandoned.
B. State Statutory Exemptions.
Parcels created pursuant to C.R.S. $ 30-28-101(10Xb) or (c)(l-X), including:
1. Divisions Creating 35 Acre Parcels. C.R.S. $ 30-28-101(10Xb), provides
an Exemption for any division of land that creates parcels, each of which
comprises 35 or more acres of land and none of which is intended for use
by multiples owners.
2. Other Statutorily-Excepted Divisions. The various C.R.S. $ 30-28-
101(10)(c) Exemptions listed in subsections (l-X) of subsection (10Xc)' and
as such list may be amended, unless the method of disposition is adopted
for the purpose of evading Part 1 of the County Planning and Building Code
Act, C.R.S. S 30-25-101, et seg., or the Subdivision regulations of this
Code.
C. MunicipalAnnexation.
Parcel created as a remainder lot, located in unincorporated Garfield County, following
annexation of a portion of the larger, pre-existing parcel into a municipality.
5.202. PUBLIC/COUNTY ROAD SPLIT EXEMPTION.
Pursuant to C.R.S. $ 30-28-101(1OXd), the BOCC has established Public/County Road Split
Exemption as exempt from the definition of Subdivision but subject to Exemption Review.
A. Overview.
Any parcel of land split by a local or County road (i.e. neither Federal nor State), or public
righlof-way included in the County highway system where the location of the public or
County right-of-way prevents joint use of the proposed lots.
B. Review Process.
A Public/County Road Split Exemption shall be reviewed in accordance with section 4-
103, Administrative Review, and consistent with Table 5-103.
C. Review Criteria.
Approval of a Public/County Road Split Exemption shall require a factual finding of the
following:
1. The right-of-way prevents joint use of affected, proposed lots;
2. The proposed exemption lots have a sufficient legal and physical source of
water pursuant to section 7-104, Source of Water.
GaRprelo Cour{w LAND UsE aNo Developuerur Cooe 5-4
3. The proposed exemption lots have adequate sewage disposal system
pursuant to section 7-105, Central Water Distribution and Wastewater
Systems.
4. The proposed exemption lots have legal and adequate access pursuant to
section 7-107, Access and Roadways.
5. The Final Plat meets the requirements per section 5-402.F., Final Plat.
5.203. RURAL LAND DEVELOPMENT EXEMPTION,
Pursuant to C.R.S. S 30-28-101(1OXd), the BOCC has established Rural Land Development
Exemption (RLDE) ai exempt from the definition of Subdivision but subject to Exemption Review.
A. Overview.
The RLDE will be applied on a case-by-case basis to certain divisions of land that, in the
sole opinion of the BOCC, advance the objectives of Garfield County regarding the
preservation of rural lands as Agricultural Land and Open Space and maintain the greater
portion of the property for agricultural purposes, natural resource utilization, Open Space,
or other rural land uses.
1. The RLDE may be used to create a Cluster Subdivision Development on a
parcel of land 70 acres or more in any unincorporated area of the County.
2. The RLDE shall be for Single-Family Dwelling use only. The density shall
not exceed 1 lot per every 35 acres plus 1 lot per each 100 acres plus 1
additional lot. The maximum number of lots in a Rural Land Use
Development Exemption is 42 lots plus the remainder parcel.
3. This Code does not preclude owners of adjacent properties from combining
their properties for the purposes of forming a parcel eligible for division
under the provisions of the RLDE option.
4. The requirements of Article B, Affordable Housing, shall not apply to
RLDES.
B. Review Process.
Applications for a RLDE shall be processed in accordance with Table 5-103.
C. Review Criteria.
An application for a RLDE shall meet the following criteria:
1. The RLDE is in general conformance with the Comprehensive Plan, and
complies with any a pplicable intergovernmental ag reements.
2. The RLDE lots have sufficient legal and physical source of water pursuant
to section 7-1O4.
3. The RLDE lots have legal and adequate access pursuant to section 7-107,
Access and Roadways.
4. The RLDE does not create hazards identified in section 7-108 and section
7-205 or exacerbate existing hazards.
5. The RLDE lots have an adequate water distribution system and wastewater
disposal system pursuant to section 7-105.
6. Development and use of the remainder parcel shall be restricted to 1
dwelling unit plus an Accessory Structure for agricultural use.
7. Proposed division and development of the land minimizes the impacts of
residential development on Agricultural Lands and agricultural operations,
Ganrreto Goulrv LAND UsE ato Developrrrteur Cooe
and maintains the rural character of lands. Proposed division and
development of the land maintains the opportunity for agricultural
production on the most productive and viable parcels of land.
B0% of the parcel is preserved as contiguous Open Space to be used as
wildlife habitat, Agricultural Land, critical natural areas, or similar uses.
All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
The Final Plat meets the requirements per section 5-402.F., Final Plat.
A. Overview.1. A Minor Subdivision is any Subdivision that:
a. Creates no more than 3 Parcels;
b. ls served by a private well or wells, or a Water Supply Entity; and
c. Does not require the extension, construction, or improvement of a
County right-of-way.
2. A parcel may be eligible to use the Minor Subdivision process once so long
as it is not evading the Major Subdivision process or would result in a de
facto Major Subdivision through the combination of previous contiguous
Minor Subdivisions as determined by the Director. An appeal of this
determination shall be processed as an Administrative lnterpretation
Appeal.
3. Further divisions of the lots created through the Minor Subdivision process
shall be processed as Major Subdivisions.
4. Use of the Minor Subdivision process does not prevent the subsequent use
of a RLDE pursuant to section 5-203.
B. Review Process.A Minor Subdivision application shall be reviewed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103.
C. Review Criteria.
ln considering a Minor Subdivision application, the application shall demonstrate the
following:
1. lt complies with the requirements of the applicable zone district and this
Code, includinq Standards in Article 7, Divisions 1, 2, 3 and 4.
2. lt is in general conformance with the Comprehensive Plan.
3. Shows satisfactory evidence of a legal, physical, adequate, and
dependable water supply for each lot.
4. Satisfactory evidence of adequate and legal access has been provided.
5. Any necessary easements including, but not limited to, drainage, irrigation,
utility, road, and water service have been obtained.
6. The proposed Subdivision has the ability to provide an adequate sewage
disposal system.
8.
9.
10.
5-301. M|NOR SUBDIVISION REVIEW.
GARFTELD Gourry LAND UsE eno Devetoprraerur Cooe 5-6
l. Hazards identified on the property such as, but not limited to, fire, flood,
steep slopes, rockfall and poor soils, shall be mitigated, to the extent
practicable.
8. lnformation on the estimated probable construction costs and proposed
method of financing for roads, water distribution systems, collection
systems, storm drainage facilities and other such utilities have been
provided.
g. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
10. All fees, including road impact and school land dedication fees, shall be
paid.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat.
5.302. MAJOR SUBDIVISION REVIEW.
A. Overview.
Applications for a Major Subdivision shall be processed according to Table 5-103 and
consistent with the following procedures:
B. Sketch Plan Review.
1. Overview. The Sketch Plan Review is an optional process intended to
review at a conceptual level the feasibility and design characteristics of the
proposed division of land.
2. Review Process. A Sketch Plan shall be processed according to Table 5-
103 with the following modifications:
a. The Planning commission shall conduct a conceptual review of the
proposal. The Planning Commission's comments and
recommendations are not binding.
b. The Director shall provide the Applicant with written notice of the
Planning Commission's Conceptual Review comments and
recommendations within 10 days of the date of the review'
3. Review Criteria. ln considering a Sketch Plan proposal, the following shall
be considered:
a. Feasibility and design characteristics based upon compliance with
the applicable standards; and
b. General conformance with the Comprehensive Plan.
C. Preliminary Plan Review.
1. Overview. The Preliminary Plan Review will review the feasibility and
design characteristics of the proposed land division as well as evaluate
preliminary engineering design.
2. Review Process. Preliminary Plan Review shall be processed according
to Table 5-103.
3. Review Criteria. A Preliminary Plan application shall meet the following
criteria:
a. Compliance with the Article 7, Division 1, General Approval
Standards;
b. compliance with the Article 7, Division 2, General Resource
Protection Standards;
GaRTIEIO COUruTY LAND USE AND DEVELOPUETTT COOC 5-7
5-303.
c. Compliance with applicable Article 7, Division 3, Site Planning and
Development Standards;
d. Compliance with applicable Article 7, Division 4, Subdivision
Standards and Design Specifications; and
e. AnY other aPPlicable standard.
D. Final Plan/Plat Review.
1. Overview. The Applicant must receive Preliminary Plan approval before
requesting a Final Plan/Plat.
2. Review Process. Applications for Final Plan/Plat shall be processed
according to Table 5-103.
3. Review Criteria. An application for Final Plan/Plat shall meet the following
criteria:
a. Comply with all conditions of Preliminary Plan approval;
b. Comply with the Final Plan required in section 5-402.E. and the
Final Plat in section 5-402.F.;
c. All taxes applicable to the land have been paid, as certified by the
County Treasurer.
CONSERVATION SUBDIVISION REVIEW.
A. Overview.
The Conservation Subdivision is a clustered residential development option consistent
with C.R.S. g 30-28-401, et seg., that allows reduced Lot Size and provides density
bonuses in eichange for preservation of rural lands through provision of Open Space' A
Conservation Subdivision shall be designed as a density neutral development plan or an
increased density development plan. A Conservation Subdivision shall be processed
according to Table 5-103 and consistent with the following procedures.
B. Sketch PIan Review.
Section 5-302.8. outlines the process for a Sketch Plan Review. This process is optional
for a Conservation Subdivision.
C. Yield Plan Review.1. Applicability. A Conservation Subdivision application must include a Yield
Plan. The Yield Plan Review is a preliminary site design review for the
purpose of determining the maximum number of residential lots and Open
bpa"" that can be practically developed on the proposed site. The Yield
Plan Review may be combined with Sketch Plan Review'
2. Review Process. The Yield Plan Review shall follow the process according
to Table 5-103 with the following modification:
a. The Director shall provide the Applicant with written notice of the
Planning commission's review comments, and the determination of
maximum residential density for the proposed conservation
development within 10 days of the date of the Planning
Commission's meeting.
3. Review Criteria. The site design shalltake into consideration the following:
a. Site constraints;
b. Site topography and drainage; and
GARFTELD Couurv LAND UsE nuo Deveuoptuenr Gooe 5-8
c. Zone district requirements such as density, use, and setback
requirements.
D. Preliminary PIan Review.
1. Review Process. Preliminary Plan Review for a Conservation Subdivision
shall be processed according to Table 5-103.
2. Review Criteria. A Preliminary Plan for a Conservation Subdivision shall
meet the following criteria:
a. Compliance with the Article 7,
Standards;
b. Compliance with the Article 7,
Protection Standards;
c. compliance with applicable Article 7, Division 3, Site Planning and
Development Sta ndard s;
d. compliance with applicable Article 7, Division 4, Subdivision
Standards and Design Specifications; and
e. compliance with the design standards as set forth in section 7-501,
Design Standards for Conservation Subdivisions.
f. Compliance with any other applicable standard.
E. Final Plan/Plat Review.
1. Review Process. Applications for a Conservation Subdivision Final
Plan/Plat shall be processed according to Table 5-103.
2. Review Criteria. An application for Final Plan/Plat of a Conservation
Subdivision shall meet the following criteria:
a. Comply with all conditions of Preliminary Plan approval;
b. comply with the Final Plan required in section 5-402.E. and the
Final Plat in section 5-402.F.;
c. All taxes applicable to the land have been paid, as certified by the
County Treasurer.
5.304, AMENDED PRELIMINARY PLAN REVIEW.
A. Overview.
Applications subject to an Amended Preliminary Plan Review shall be determined to be
either a Minor oiSubstantial Modification and be reviewed and decided by eitherthe
Director or the BOCC.
B. Review Process.
Applications for an Amended Preliminary Plan Review shall be processed according to
fibte s-tOS, Common Review Procedures and Required Notice, with the following
modifications:
1. Pre-APPlicationConference.
2. After holding a pre-application conference and within 10 business days of
receiving all necessary information, the Directorshalldecide if the
Division 1, General APProval
Division 2, General Resource
GARFTELD Coutrv LAND UsE aNo Developtuexr Cooe 5-9
amendment is Minor, Substantial or should if the determination should be
made by the BOCC.
a. Minor Modification. The Director shall apply the criteria in section
5-304.C. to determine if the proposed amendment is minor in
nature.
(1) Completeness Review' Upon finding the amendment is a
Minoi Modification, the application shall be reviewed for
completeness. Once the application is deemed technically
complete, the Director will send a letter to the Applicant that
indicates:
(a) The additional number of copies to be delivered to the
County for review by staff and referral agencies;
(b)ThedatethattheDirectorwillrenderadecisionor,ifthe
Director decides to refer the application to the BOCC, the
date that the BOCC will hear the Application; and
(c) The notice form that the Applicant is required to mail to the
Adjacent Property Owners and mineral estate owners and
lesees.
(21 Notice. The Applicant shall mail notice pursuant to section 4-
101 .E.b.(2) and (3), at least 15 days prior to the date of the
Directols decision and shall provide proof of adequate notice
prior to any decision. The notice shall include a Vicinity Map,
ihe proper.ty's legal description, a short narrative describing
the proposed amendment, the contact information for the
Community Development Department and the date that the
Director will make a decision.
(3) Decision.
(a) Director Decision. lf the Director decides the application,
the Director will inform the Applicant and the BOCC of the
approval, conditions of approval, or basis for denial, in
writing within 10 days of the date of decision. The action of
the Director shall be memorialized in a recorded resolution
signed bY the BOCC.
(b)BoCCDecision.lftheapplicationisreferredtotheBoCC
for a decision, the Bocc will memorialize their decision of
approval, conditions of approval or basis for denial in the
form of a Resolution.
(4)Call-UptotheBOCC.TheDirector'sdecisionissubjectto
section 4-112, Call-UP to the BOCC.
Su bstantial Mod ification.
(1) lf the Director determines that the proposed amendment
constitutes a substantial Modification, the change shall require
a new application for Preliminary Plan, The Director shall
determine the contents of the application submission
requirements for a Substantial Modification request and
provide this information in writing to the Applicant' Though a
new application is required, the review of the application may
GARFIELD COUNTY LAND USE AND DEVELOPTUENT COOE 5-10
(21
result in an approval, approval with conditions or denial of the
amendment only. lf the amendment is denied, the Applicant's
original Preliminary Plan approval is stillvalid.
Should the Applicant contest the decision made by the
Director that the proposed amendment constitutes a
Substantial Modification, the Applicant may request the
decision be called-up to the BOCC pursuant to section 4-
112.8 and C.
Determination by the BOCC. The Director shall have the discretion to
request the Bocc decide, in a Public Meeting, whether a modification
is Minor or Substantial.
C. Review Griteria.
Minor Modifications to Preliminary Plans are those that deviate from standards or
rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage
facilities, utilities, or other site improvements in an approved Preliminary Plan, and that
meet all of the following criteria as applicable:
Comply with all requirements of this Code;
Do not conflict with the Comprehensive Plan;
Do not change the character of the development;
Do not alter the basic relationship of the development to adjacent
property;
Do not change the uses Permitted;
Do not require amendment or abandonment of any easements or rights-
Do not increase the density;
Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201; and
Do not decrease the amount of the following to an amount below the
minimum required in the applicable zone district:
Amount of dedicated Open SPace;
The size of or change in the locations, lighting, or orientation of
originally approved signs; and
Any zone district dimensions in Table 3-201
5.305. AMENDED FINAL PLAT REVIEW.
A. Overview.
This process shall be used to modify a Plat such as, but not limited to, modifying Lot Lines,
Building Envelopes, easement locations, or other interests.
B. Review Process.
An application for an Amended Final Plat shall be processed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103, with the following modification:
1. The Amended Final Plat shall be presented to the BOCC for signature, prior
to recording with the County Clerk and Recorder.
C. Review Criteria
An application for an Amended Final Plat shall meet the following criteria:
1.
2.
3.
4.
5.
6.
7.
8.
9.
a.
b.
GARFIELD COUUTY LAND USE AND DEVELOPMEHT COOC 5-11
Does not increase the number of lots; and
Does not result in a major relocation of a road or add any new roads; or
will correct technical errors such as surveying or drafting errors.
5.306. COMMON INTEREST COMMUNITY SUBDIVISION REVIEW.
A. Overview.
The subdivision of land for Condominiums and planned communities, such as
townhouses, defined as Common lnterest Communities in the Colorado Common lnterest
Ownership Act ("CC|OA'), C.R.S. $ 38-33.3-101, ef seg., shall require approval of the
plats and maps described in C.R.S. $ 38-33.3-209, along with approval of the declaration
defined in CCIOA.
B. Review Process.
An application for a Common lnterest Community Subdivision Final Plat shall be
processed according to section 4-103, Administrative Review, and consistent with Table
5-1 03.
C. Review Griteria.
An application for a Common lnterest Community Subdivision shall meet the following
criteria:
1. The Common lnterest Community is consistent with zone district
regulations, including:
The total common area and individual lot area of the whole project,
divided by the total number of units, meets the minimum Lot Size
requirements of the zone district.
A project within a PUD complies with the zoning outlined in the PUD
designations.
2. lf applicable, the Condominium, townhouse, or other Common lnterest
Community declaration and bylaws make adequate provision for the
maintenance of common area elements.
An improvements agreement has been signed and submitted by the
Applicant, and an adequate financial guarantee for improvements has been
posted or will be posted prior to approval.
The lot in which the Common lnterest Community is located was approved
and platted as part of a Subdivision that meets the requirements of this
Code.
5. Adequate easements for water, Sewer, utilities, and access have been
provided.
1.
2.
3.
b.
3.
6.
7.
lf applicable, an acceptable party wall agreement has been recorded.
Common lnterest Community Plat meets the requirements per section 5-
402.F., Final Plat, and adequately shows the location and dimensions of
the vertical boundaries of each unit; the horizontal boundaries, if included;
and the identifying number of each unit, along with the location and
dimension of common elements and limited Common elements, all as
defined in the declaration.
All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
8.
GARTIeIO GOUNTV LAND USE AND DEVELOPMENT CODE 5-12
5.307. VACATING A FINAL SUBDIVISION OR SUBDIVISION EXEMPTION PLAT.
The plat vacation process is forthe purposes of eliminating the subdivision of property as reflected
by a previously recorded Final Subdivision or Subdivision Exemption Plat. This process may be
n""".srry where a property owner wishes to return the subdivision lots reflected on a recorded
plat to a iingle parcel of lahd, or to eliminate an obsolete subdivision in which lots do not meet
current subdivision requirements including lot size, environmental conditions or provision of
adequate infrastructure.
A. Overview.,1. The BOCC may vacate all or a portion or portions of any Final Plat of any
subdivision within the County upon the request of a property owner within
the subdivision.
2. The BOCC may vacate the final plat only for that portion of a subdivision
consisting of multiple, contiguous lots that are undeveloped and in common
ownership. For purposes of this section, the existence of an improvement
on a lot, which improvement was documented and in place priorto the time
of subdivision approval, will not prevent the lot from being considered
"undeveloped."
3. Once an application to vacate a subdivision has been submitted, no
development plan shall be submitted or building permit issued until the
matter has been decided by the BOCC.
4. All property owners in the subdivision must consent to the vacation of all or
a portion(i) of the subdivision, even if their lots are not proposed to be
vacated.
5. Applications to modify or eliminate a Lot Line on a Final Plat should be
processed as an Amended Final Plat pursuant to section 5-305, not as a
subdivision vacation pursuant to this section.
B. Review Process.
A vacation of a subdivision shall be processed in accordance with Table 5-103 with the
following modifications:
1. Notice. ln addition to complying with the notice requirements in Section 4-
101.E., the applicant must also provide notice to all property owners and
mineral owners of record within the subdivision to be vacated.
2. Subsequent Action. The BOCC will record a copy of the resolution vacating
the subdivision plat that includes an attachment of the plat that is being
vacated. The attached plat shall include a prominent notation on the plat
showing that it was vacated in whole or in part by the affirmative decision
of the BOCC.
3. Effect of Vacation.
a. After all or part of the final subdivision plat for any subdivision has
been vacated pursuant to this section, the land within such vacated
subdivision or portion thereof may not be subdivided without first
complying with Article 5 of this Code.
b. lf the subdivision includes County or public rights of way, the
applicant must also comply with the requirements of section 4-108,
Vacation of a County Road or Public Right of Way, in order to
vacate such rights of way. The road and plat vacation applications
shall be coordinated as much as possible to run concurrently.
GARFTELD Gourrv LAND UsE lruo DevetoptueNr Cooe s-13
c. The vacation of all or part of the final plat for any subdivision shall
have the effect of vacating all easements and private rights of way
within the vacated subdivision or portion thereof'
d. Title to the vacated ProPertY.
i. Title to vacated property, including all vacated easements
and private rights of way, shall vest with the rightful owner
or owners of the property contained within the vacated
subdivision as of the date of the Resolution vacating the
plat and as shown in the County records and in a title
commitment.
ii. lf the vacated land is land that was dedicated to the
County for public use other than a road, and the County
has found that retaining title to the land is not in the public
interest, title thereto shall vest with the owner or owners or
property contained within the vacated subdivision.
G. Review Criteria.
Approval of a request to vacate a Subdivision shall require a finding of the following:
,1. A title commitment no more than 30 days old as of the date of application
shows that the Applicant owns all the lots to be vacated, and there are no
lawsuits pending challenging such ownership;
2. All property owners in the subdivision have provided written consent
agreeing to the vacation;
3. lf the final plat includes easements dedicated for utility, private access or
other similar purposes, the BOCC may not approve the plat vacatio_n until
the applicant has obtained in a writing to be approved by the County
Attorney's Office, a release from the owner or beneficiary of the easement
authorizing the vacation of such easement; and
4. Vacation of all or a part of the final subdivision plat for the subdivision will
promote the health, safety and general welfare of the County'
S. lf the parcel that results from a vacation or partial vacation will be less than
35 acres in size, it shall comply with the criteria for a Minor Subdivision as
set forth in section 5-301.C.
A. Required Submissions.
The following are the application materials required for
divisions of land. Section 5-402 provides a detailed
requirement.
permits and approvals and for
description of each submittal
GeRrIeIo COUXTV LAND USE AND DEVELOPMEruT GOOE 5-14
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE 5-l 5
i-304 \mended Preliminary Plar lubiect to strtion 4-106 requirements.
r-305 \mended Final Plat
5-306 )ommon lnterest
lommunitv SuMivision
ixplanation of consistency with underlying
)reliminary plan and/or PUO Plan.
5-307
/acating a Final
iuMivision or Subdivision
:xemption Plat
\dditional submittal requirements as listed in section
\-402.J.
Engineerlng ReporB and Plan!
FoadsTrails,walkwiys,andBikeways.
l. Mitigation of Geological Hazard.
3. Sewage Collection and Water Supply and Distribution System.
). Soil Suitabllity lnformation.
i. Goundwater Drainage.i. Engineering design alnd construction features for any bridge, culverts, or other drainage features to be constructed'
3. Final cost estimates for public improvements'
{- Preliminarv cost estimates for imorovements.
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE 5-16
5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
A. Professional Qualifications.
The professional qualifications for preparation and certification of certain documents
requiied by this Code are set forth in section 4-203.A., Professional Qualifications.
B. Yield Plan Map.
The Yield Plan Map is a tool by which the maximum number of developable lots is
determined for Clusier Development options set forth in this Code. A Yield Plan Map shall
be scaled at 1 inch to 200 feetfor properties exceeding 160 acres in size, or 1 inch to '100
feet for properties less than 160 acres in size and shall include the following information:
,1. Density Allowed by Zone District. A map illustrating the maximum
residential lots allowed by the applicable zone district regulations. The map
shall contain the following elements:
a. Residential lot layouts on the parcel to be developed, pursuant to
the applicable zone district regulations. The map shall identify the
number of lots allowed and size of the lots.
b. Existing site access.
c. Existing roadways and easements on site.
d. Proposed Open Space, trails, and bike paths.
e. Adjacent land use including existing and planned open Space and
existing and planned roadwaYs.
f. Topography and land features on site, and land features of adjacent
property that may affect the proposed land use.
2. Proposed Clustered Residential Lots and Open Space. A map illustrating
the proposed site design for clustered residential lots and Open Space.
a. Proposed residential lot layouts on the parcelto be developed. The
map shall identify the number of lots proposed, including bonus lots,
and size of the lots.
b. Existing and proposed site access.
c. Existing and proposed roadways on site.
d. Easements located on site.
e. Proposed Open Space, trails, and bike paths.
f . Adjacent land use including existing and planned open space and
existing and planned roadwaYs.
g. Topography and land features on site and land features of adjacent
property that may affect the proposed land use.
C. Sketch Plan MaP.
Sketch Plan Maps shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres
in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may
require a more detailed version of all or part of the Sketch Plan Map. The Applicant shall
submit a copy of the Sketch Plan Map at the reduced size of 8-1/2 inches by 14 inches,
legible and suitable for nontechnical review of the proposal. The Sketch Plan Map shall
include the following information and supplemental materials:
1. Legal description of the property;
2. Dimensions of the subject property;
3. Vicinity Map showing surrounding parcels and zoning;
GARFTELD Couttw LAND UsE lruo Devetopueur Cooe s-17
4. Existing and proposed topographic contours at vertical intervals sufficient
to show the topography affecting the development and storm drainage;
5. ldentification and general location of known significant on-site features
including: natural and artificial drainage ways, Wetland areas, ditches,
hydrologic features, and aquatic habitat; geologic features and hazards
including Slopes, alluvial fans, areas of subsidence, rock outcrops and
rockfall areas, radiological and seismic Hazard Areas, soil types, and
Landslide Areas; vegetative cover; dams, reservoirs, excavations, and
mines; and any other on-site and off-site features that influence the
development;
6. Existing and general sizes and locations of proposed parking areas,
driveways, emergency turn-outs and emergency turnarounds, sidewalks,
and paths;
7. Roads, railroad tracks, irrigation ditches, fences, and utility lines on or
adjacent to the parcel;
8. Schematic and narrative representation of the proposed land use including:
a. Existing and proposed zoning of land to be subdivided;
b. Estimated total proposed Subdivision area in acres and an
estimated percentage breakdown of areas devoted to specific land
uses, with acreage and square footage (e.9. percentage and area
of residential development and/or nonresidential development;
percentage and area of Open Space; percentage and area of
parking and driveways; and so forth);
c. approximate lot sizes;
d. Total number, size, general location, and type of proposed dwelling
units;
Location, size, and use of major improvements;
Total number of square feet of proposed nonresidential floor space;
Recreation areas and Open Space;
School sites;
Approximate location of wastewater treatment system, including
location and size of leach field, sewer service lines, and treatment
facilities to serve the proposed use;
Approximate location and size of well(s) and/or water lines to serve
the proposed use;
k. Utilities and service facilities; and
l. Anticipated landscaping.
9. Description of the property;
10. Boundary lines, corner pins, and dimensions of the subject property,
including land survey data to identify the parcel with section corners,
distance and bearing to corners, quarter corners, township, and range;
11. Existing and proposed topographic contours at vertical intervals sufficient
to show the topography affecting the development and storm drainage;
12. Significant on-site features including: natural and artificial drainage ways,
Wetland areas, ditches, hydrologic features and aquatic habitat; geologic
features and hazards including Slopes, alluvial fans, areas of subsidence,
rock outcrops and rockfall areas, radiological and seismic Hazard Areas,
soil types and Landslide Areas; vegetative cover; dams, reservoirs,
e.
f.
g.
h.
i.
t-
GnRrIeIo CoUNTY LAND USE AND DEVELOPMENT COOC 5-18
excavations, and mines; and any other on-site and off-site features that
influence the development;
Existing and proposed parking areas, driveways, emergency turn-outs and
emergency turnarounds, sidewalks, and paths, shown by location and
dimension;
Existing and proposed roads, railroad tracks, irrigation ditches, fences, and
utility lines on or adjacent to the parcel, shown by location and dimension;
and
Users and grantees of all existing and proposed easements and rights-of-
way on or adjacent to the parcel, shown by location and dimension.
D. Preliminary Plan Map.
Preliminary Plan Maps shall include the following information and supplemental materials:
1. Preliminary Plan Maps shall be scaled as follows. To the extent
practicable, a Preliminary Plan Map shall show the entire area proposed
for Subdivision on one 24 inch by 36 inch sheet.
Subdivision Lot Area Scale
Less than 10,000 square feet 1 inch equals 50 feet or less
1O,OO1 square feet to 2 acres 't inch equals 100 feet or less
More than 2 acres
2. Legal description of the property.
3. Site data in chart form presenting:
1 inch equals 200 feet or less
a. Total area of the proposed Subdivision; total area of the developed
buildings, driveways and parking areas;total area of nonresidential
floor space;
b. Total number of proposed lots; breakdown of the lot total by number
of lots per use (i.e. residential use, business or commercial and
industrial use, and other public and nonpublic uses);
c. Total number of proposed off-street parking spaces;
d. Total number of dwelling units; total number of dwelling units per
structure proposed; and
e. Total gross density proposed.
Boundary lines, corner pins, and dimensions of the subject property,
including land survey data to identify the parcel with section corners,
distance and bearing to corners, quarter corners, township, and range.
Topography at the following minimum contour intervals:
a. Subdivision with 1 or more lots less than 2 acres in size, topography
shown at 2-foot contour intervals;
b. Subdivision with all lots 2 acres or greater in size, topography
shown at S-foot contour intervals; and
c. Areas having Slopes 30% or more, or other significant topographic
conditions, topography shown at S-foot contour intervals'
Significant on-site features including: natural and artificial drainage ways,
Wetland areas, ditches, hydrologic features and aquatic habitat; geologic
features and hazards including Slopes, alluvial fans, areas of subsidence,
rock outcrops and rockfall areas, radiological and seismic Hazard Areas,
13.
14.
15.
6.
GanTIeLo CouI.Iw LAND USE AND DEVELOPMENT CODE 5-19
soil types and Landslide Areas; vegetative cover; dams, reservoirs,
excavations, and mines; and any other on-site and off-site features that
influence the development.
7. Known, identified, or designated 100-year Floodplains and localized areas
subject to periodic flooding. The distance between the mean identifiable
high water mark of any creeks, streams, or rivers and the nearest proposed
development within the site shall also be shown.
8. Public access to site, and internal circulation. Location, dimension,
alignment and names of all existing and proposed streets, drives, Alleys,
and roads on or adjoining the property. The general location and right-of-
way width for all arterials and collectors shall be shown'
9. The location of and preliminary engineering for any existing or proposed
sewers, water mains, culverts, storm drains, sidewalks, gutters, fire
hydrants along with the width and depth of pavement or sub-grading to be
provided, the depth of burial of all underground lines, pipes and tubing, and
typical cross sections of the proposed grading of roadways and sidewalks.
10. Users and grantees of all existing and proposed easements and rights-of-
way on and adjacent to the property, shown by location and dimension.
11. Building Envelopes, if proposed.
12. Location and layout of lots and blocks, with lots and blocks numbered
consecutively, and the dimensions and acreage of each lot.
13. Areas for landscaping and delineation of the type and extent of vegetative
cover on the site.
14. Zoning districts on the site and any zoning changes to be requested.
15. Existing land uses and zoning on adjoining properties.
16. Public or private sources of utility services and facilities.
17. Location and dimension of land to be held in common, Open Space
devoted to community use, and land to be dedicated to County.
18. Supplemental lnformation: The Preliminary Plan Map shall be
accompanied by the following information:
a. A copy of a current certificate from a title insurance company or an
attorney licensed to practice law in the State of Colorado setting
forth the names of all owners of property included within the
proposed Subdivision and a list of all mortgages, judgments, liens,
easements, contracts, and agreements of record which shall affect
the property within the proposed Subdivision;
b. A corporate property owner or corporate Applicant shall provide
evidence of registration or incorporation in the State of Colorado;
c. A list from the County Assessor of current property owners of record
and their complete mailing address for property within 200 feet of
the boundaries of the proposed Subdivision;
d. A list of the owners of subsurface mineral interests and their
lessees, if any, on the proposed site and their complete mailing
addresses; and
e. Description of proposed phasing plan, if applicable.
E. Final Plan Map.
Final Plan Maps shall include the following information and supplemental materials:
GARFTELD Courrv LAND UsE AND DEVELopnrterur Cooe
1. All information as required in the Preliminary Plan Map; and
2. Any modifications, additions or deletions as required by the Bocc.
F. Final Plat.
Final Plat shall be of an engineer's scale. Final Plat shall be prepared in a clear and legible
manner on reproducible fitm stock measuring 24 inch by 36 inch with clear margins of 2
inches on the left-hand side and lz inch on the remaining sides. The Final Plat shall
contain the following information, as well as any additional information as required by the
Director and/or BOCC, in a format prescribed by the County:
1. Name and address of the property owner(s) and mineral owner(s) of record
of the land being platted.
2. Name, address, and seal of the certifying registered land surveyor
preparing the Final Plat.
3. Legal description and area of the property.
4. Vicinity Map.
5. Location and full description of all monuments as required by this Code and
by C.R.S., Title 38, Article 51:
Permanent monuments shall be set on the external boundary of the
Subdivision pursuant to C.R.S. $ 38-51-101 ;
b. Block and lot monuments shall be set pursuantto C.R'S. $ 38-51-
101; and
Information adequate to locate all monuments shall be noted on the
Plat.
Boundary lines, corner pins, and dimensions of the subject parcel(s),
including land survey data to identify the subject parcel by section corners,
distance and bearing to these corners, quarter corner, township, and range.
The lengths of all arcs, radii and tangents. Sufficient data shall be shown
for all curved lines on the Plat to enable reestablishment of the curves in
the field.
8. Lot location and layout:
a. All lots and blocks shall be numbered consecutively; and
b. The dimensions of all lots and the area of each lot shown to 2
decimal places.
Name, location, and width of rights-of-way, including those intersecting or
paralleling the Plat boundaries within 200 feet.
10. Name and map number of any bordering Subdivisions within 200 feet of
the boundaries of the Plat.
Municipal limits within 200 feet of the boundaries of the Plat.
Location, width, purpose, and owners of all easements. A Plat note may
be necessary to provide complete information regarding the purpose of the
easement. Maintenance easements shall be provided for ditches as
required in section 7-201.E.3.
Location, area, and means of access of all property to be reserved and/or
dedicated, with the means of access to such property clearly shown and its
intended uses noted.
A legally acceptable land description and dedication block placed on the
Plat by the Applicant dedicating streets, rights-of-way, public sites, and
other such features. The transfer to the County of dedicated land shall take
6.
7.
11.
12.
13.
14.
GARFTELD Coururv LAND UsE AND DEVELoPmerur Cooe 5-21
G.
place by a legally acceptable instrument prior to or concurrent with Final
Plat acceptance, but before recording of the Final Plat'
1S. All lands within the boundary of the Subdivision shall be accounted for as
a lot, tract, parcel, open space, street, right-of-way, Alley, and so forth, and
all areas of such iands shall be shown on the plat to the nearest 100th of an
acre.
16. Any protective covenants/restrictions shall be noted on the Plat or, if
protective covenants/restrictions are recorded, the book and page of these
recorded documents shall be shown on the Plat prior to the Plat being
recorded.
17. All required Plat notes, exemptions, contracts, and any additional notes,
Building Envelopes or other information as required by the county.
18. Executed certificates, notices, and statements, aS required by the County
Open Space Plan MaP.
1. Open Space Pian Map. The Open Space Plan Maps shall be scaled at 1
inch equals 200 feet, and shall include of the following elements:
a. Residential lot layout, roadways, and site access;
b. Delineation of OPen SPace areas;
c. Trails and structures located within the open space areas; and
d. Existing and planned Open Space on adjacent property'
2. Open Space Management Plan. The open Space Management Plan shall
include tne tottowirig elements. All Open Space shall be platted as part of
the first Final Plat.
a. ownership and responsibility for management of the open space.
The owner may place a perpetual conservation Easement on the
Open Space and deed that easement to a qualified conservation
organization. ln all cases, ownership shall be deeded to the finally
controlling entity at the time of Final Plat.
b. Details for maintenance of the open Space, including noxious weed
control.
c. Responsibility for the cost of maintenance of the open space.
d. Uses allowed within the Open Space.
e. Stipulations preserving the designated open Space and
maintenance of the Open Space in the event of future amendments
to the aPProved land use.
VisualAnalysis.1. Visuil Analysis With Sketch Plan. Within the Sketch Plan Review
application, ihe Applicant shall submit an initial investigation of potential
visual impacts and mitigation techniques, containing the following
materials:
a. Map. A map of the property that depicts the general location of
ridgeline areas in relationship to development areas'
b. written statement. A brief written statement describing, in a
general manner, where the development is proposed to be locate_d
in relation to the ridgeline areas and the design elements that will
be used to mitigate visual impacts.
2. VisualAnalysis With Preliminary Plan. Within the Preliminary Plan Review
H.
Gannelo Counw LAND UsE aruo Drvetopuerur Cooe
application, the Applicant shall submit a detailed Visual Analysis that
illustrates the existing features of the site, as viewed from the roadway
corridor, and depicts the location and design of the proposed development.
The Visual Analysis shall include:
a. lllustrations. lllustrations of the mass and form of the proposed
development may be provided as a photograph of the property onto
which the development has been rendered, a computer simulation,
a site section, or by other similar technique.
b. Map. A map locating proposed roads and utilities and identifying
the area proposed for development.
c. Plans. Grading, landscaping, and illumination plans'
d. Written Statement. A written statement depicting how the
development mitigates visual impacts on affected ridgelines.
l. Codes, Covenants and Restrictions.
The Applicant may propose or the BOCC may require the preparation of legal documents
to govern the division of land, including any associated Homeowner Association and any
other codes, covenants and restrictions. Any required legal documents shall be recorded
with a Final Plan/Plat approval.
J. Final Subdivision or Subdivision Exemption Plat lnformation.
The Application must submit the following information including that listed in Table 5-401
in order to complete an application for plat vacation.
1. Copy of Recorded Subdivision Plat and resolution approving subdivision
preliminary plan
2. A description of the current condition of the subdivision including the
location of any structures, completed improvements or improved
infrastructure, and any land or easements dedicated to the public
3. A statement addressing the required review criteria in Section 5-307.C.
4. lf the parcel that results from a vacation or partial vacation will be less than
35 acres, the Applicant shall submit all materials as required for a Minor
Subdivision consistent with Table 5-401 for the resulting parcel.
GARFTELD Cour.rw LAND UsE AND DEvELoPtueHt Cooe 5-23
GARFIELD COUNTY, COLORADO
Article 6: Planned Unit
Developments
Anrtcle 6
Pmruueo U utr DrveloptrlENTs
TABLE oF CoNrerurs
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
6.101. GENERAL PROVISIONS.
A. Purpose.
The general purpose of PUD zoning is to permit greater design flexibility than is allowed
by the base zone district or Subdivision regulations, as those objectives are identified in
the Planned Unit Development Act of 1972, C.R.S. S 24-67-101 , et seq. PUDs must be
in general conformance with the Comprehensive Plan.
B. Applicability.
'1. Any single parcel of land or contiguous parcels of land comprising a
minimum of 2 acres, sufficient to accommodate an integrally planned
environment to be developed through a unified plan, is eligible for PUD
zoning.
2. Applications for PUD zoning may be made for land located in any zone
district.
C. ConcurrentSubdivisionSubmittal.
Any area proposing separate ownership of parcels within a PUD will, at some time, be
required to be reviewed per Article 5, Divisions of Land. The review of any proposed
division of land may be applied for concurrently with the review of the PUD so long as any
PUD zoning decision is made prior to the review of the Subdivision Preliminary Plan. lf
an Applicant chooses to process a PUD and Subdivision concurrently, the Applicant will
forego the specified timeline for approval set forth in section 6-202.8.1 .
D. Concurrent Comprehensive Plan Amendment and PUD Zoning Submittal.
A PUD zoning request may be processed simultaneously with a Comprehensive Plan
amendment so long as the Planning Commission makes a final decision on the
Comprehensive Plan Amendment prior to a making a recommendation to the BOCC on
action to be taken on the proposed PUD zoning. lf an Applicant chooses to process a
PUD and Comprehensive Plan amendment crncurrently, the Applicant will forego the
specified timeline for approval set forth in section 6-202.8.1.
The procedures in this Article shall be processed in accordance with the common review
procedures identified in Table 6-201, Common Review Procedures and Required Notice.
Additional requirements specific to a review procedure are identified by cross-reference in the
left-hand column to the section that contains the requirements.
GARFIELo CoUNTY LAND USE AND DEVELOPMENT COOE
G202.PUD Zoning PC BOCC
Notice to all property
o,vners within 200 feet
of the proposed PUD
boundary. Notice
required for PC and
Ft.) a harridna
o-
203.8
1.a
PUD Amendment
(Mino0 D
Mailed notice to all
properly ownefti and
mlneral owners within
the PUD
b-
203.8.
1.b
PUD Amendment
(Substantial)PC BOCC
Notice to all property
owners and mineral
owners within the PUD
and all property owners
within 200 feet of the
PUD boundary. Notice
required hr PC and
At1ae haerinfir
0+30S.; P.tto&Uttllil0,
A. Overview.
An application for PUD zoning is a type of rezoning.
B. Review Process.
Applications shall be processed according to Table 6-201, Common Review Procedures
and Required Notice, with the following modifications:
1. Decision.
A PUD shall be approved, conditionally approved, or denied by the BOCC within
120 calendar days from the date the application was determined complete. Upon
request by either the County or the Applicant, a different, mutually agreeable time
period for review may be established.
a. The BOCC may, at the time of zoning as a PUD, modify
dimensional standards, uses, or other code requirements such as
density, land dedications, and improvement standards that would
otherwise be applicable in the parcel's original zone district, if the
modification furthers the objectives of this Code.
b. The approval of a PUD constitutes a zone district amendment and
shall be recorded on the Official Zoning Maps and recorded with the
County Clerk and Recorder within 30 calendar days of BOCC
GARFIELD COUNw LAND USE AND DEVELoPMENT CODE 62
approval. The PUD Plan does not become effective until it is
recorded with the County Clerk and Recorder
c. The approved PUD zoning and the approved PUD Plan are
inseparable. PUD zoning shall not be approved without the
approval of the related PUD Plan documents. The PUD Plan shall
be recorded at the same time as any approved PUD amendment to
the Official Zoning Map.
2. Duration of Approval and Expiration.
a. The Applicant must begin development of the PUD within '1 year
from the date of approval unless:
(1) The PUD is to be developed in phases and the BOCC has
approved the commencement of development activity
beyond 1 year, or
(21 The BOCC has otheruise approved a different development
schedule.
b. The Applicant must complete the development of each phase of the
PUD as a whole in compliance with the development schedule
approved by the BOCC.
c. lf the Applicant does not comply with the time limits imposed by the
preceding subsection:
(1) The BOCC shall review the PUD in a noticed Public Hearing
and may revoke approval for the incomplete portion(s) of the
PUD, or require that the PUD be amended, or extend the
time for completion of the PUD; the BOCC must provide
notice in the forms described in Section 4-101.E., or
(21 The Applicant may request extension, revocation, or
amendment prior to any expiration of approval.
d. The current and future owners and their assigns shall be required
to develop the proposed project in accordance with the approved
and recorded PUD Plan.
3. Subsequent Action. The PUD Plan and all associated documents must be
recorded within 30 days of an approval by the BOCC.
C. Review Criteria.
An application for PUD Zoning shall meet the following criteria:
1. Purpose and Applicability. The PUD meets the purpose and applicability
of this Code, as provided in section 6-10'1.A. and B.
2. Development Standards. The PUD meets the Development Standards as
provided in section 6-401 .
3. Standards, Article 7. The PUD meets the standards within Article 7,
Division 1 , excluding 7-101 .
4. Rezoning Criteria. The PUD meets the Rezoning Review Criteria in section
4-113.C.
5. Established Zoning Standards. The PUD Plan adequately establishes
uses and standards governing the development, density, and intensity of
land use by means of dimensional or other standards.
GARFTELD CouNw LAND UsE AND DEVELoPMENT CoDE
6.203. PUD ZONING AMENDMENT.
A. Overview.
Applications for an amendment to an approved PUD shall be reviewed by the Director
who shall determine whether the amendment is a Minor (nonsubstantial) or Substantial
Modification. ln all cases, the following will be deemed a Substantial Modification:
1. Modifications to the approved phasing plan.
2. Removal or release of a plan provision as stated in C.R.S. S 24-67-106(3)
B. Review Process.
Applications for amendment to a PUD shall be processed pursuant to the following:
1. Pre-Application Conference. Applicant must come to the pre-application
conference prepared to discuss the proposed amendment and how it does
or does not comply with the criteria in section 6-203.C. After the pre-
application conference and within 10 business days of receiving all
necessary information, the Director shall make 1 of the following 3
determinations:
a. Minor Modification. The Director shall apply the criteria in section
6-203.C. to determine if the proposed amendment is minor in
nature. Upon finding the amendment is a Minor Modification, the
Director shall provide written notice of this finding to the Applicant
and the Applicant may then submit an application for a PUD
amendment, subject to the following process:
(1) Determination of Completeness. Upon performing a
completeness review, if the application materials deviate
from the information provided during the pre-application
conference and indicate that the minor modification finding
was in error, the Director may revoke that finding and treat
the request as a Substantial Modification.
(2) Once the application is deemed technically complete, the
Director will send a letter to the Applicant that indicates:
i. The additional number of copies to be delivered to
the County
ii. The date the Director will render a decision; and
iii. The notice form that the Applicant is required to mail
all property owners and mineral owners within the
PUD.
(3) Notice. The Applicant shall mail written notice certified mail
to all property owners of record within the PUD. All owners
of mineral interest shall be mailed written notice consistent
with section 4-101.E.1.b(4). Notice shall be mailed at least
15 days prior to the date of the Director's decision and shall
include a vicinity map, a PUD map, a short narrative
describing the proposed PUD amendment, the contact
information for the Community Development Department
and the date that the Director will make a decision.
(4) Decision. The Director will inform the Applicant and the
BOCC of the approval, or basis for denial, in writing within
1 0 days of the date of decision.
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE
(5) Subsequent Action. The amended PUD Plan and all
associated documents are recorded within 30 days from an
approval by the Director.
b. Substantial Modification.
(1) lf the Director determines that the proposed amendment
constitutes a Substantial Modification, the change shall
require a new application for a PUD-
i. The Director shall determine the contents of the
application submission requirements for a
Substantial Modification request and provide this
information in writing to the Applicant.
ii. Notice shall be provided pursuant to section 4-
101.E.(2)-(4) and shall include notice to all property
owners of record within the PUD.
(21 Should the Applicant contest the decision made by the
Director that the proposed amendment constitutes a
Substantial Modification, the Applicant may reqsrest
request the decision by called-up to the BOCC pursuant to
section 4-1 12.8 and C.
c. Determination by the BOCC. The Director shall have the discretion
to request the BOCC decide, in a Public Meeting, whether a
modification is Minor or Substantial.
C. Review Criteria.
Minor Modifications to a PUD are those that deviate from previously-approved standards
or rearrange/reconfigure elevations, structures, parking areas, landscape areas, utilities,
or other site improvements in an approved PUD, and that meet all of the following criteria
as applicable:
1. Conform to the Comprehensive Plan;
2. ls consistent with the efficient development and the preservation of the
character of the development;
3. Do not increase the density;
4. Do not decrease the amount of dedicated Open Space;
5. Do not affect, in a substantially adverse manner, either the enjoyment of
the land abufting upon or across the road from the PUD or the public
interest;
6. Do not change the use category of the PUD between residential,
commercial, or industrial uses; and
7. Will not be granted solely to confer a special benefit upon any person; and
8. Shall not affect the rights of the residents, occupants, and owners of the
PUD to maintain and enforce those provisions at law or in equity.
The following are the application materials for PUDs and PUD Amendments. Sections 4-203 and
6-302 provide detailed descriptions of each submittal reguirement.
GARFIELD CoUNTY LAND USE AND DEVELoPMENT CoDE 6-5
S-308r OE$CRIFIION OF,StlAMffTAL REQUIRHI{IENTS.
A. PUD Plan.
1. PUD General Descriptions. A written description of the proposal shall
include the following information:
a. General project concept and purpose of the request;
b. Explanation of how the PUD is in general conformance with the
Comprehensive Plan;
c. Description of how the proposed development departs from the
otherwise applicable standards of this Code but meets the intent
and purpose of this Article;
d. Relationship of the proposed PUD development to the existing land
uses and adjacent property land uses; and
e. Phasing and timing for the proposed development including the
start and completion date of construction of each phase.
2. PUD Technical Descriptions. A written description of the proposal shall
include the following information:
a. Method and calculation used to determine overall project and
specific use type densities;
b. The PUD shall demonstrate how common wastewater facilities will
be controlled or governed by the future owners within the PUD;
c. The PUD shall demonstrate how common water facilities will be
controlled or govemed by the future owners within the PUD;
d. Method of adequately providing other necessary public utilities;
e. Type or method of fire protection;
GARFIELD CoUNTY LAND USE AND DEVELoPMENT CoDE 6-6
3.
f. Description of whom or what entity shall be responsible for the
provision of and payment for any facilities available to the
community, including but not limited to open space, common areas,
and structures;
g. Discussion of impacts on County services, schools, town services
and any other unique operation that may be pertinent to a review of
the proposed zone change and methods for mitigation; and
h. Documentation showing legal access or documentation
demonstrating the likelihood of achieving legal access.
PUD Plan Map. The map of the PUD Plan shall be drawn at a scale of 1
inch equals 100 feet or a scale approved by the Director which cleady
shows the entire proposal.
a. Legal description;
b. Vicinity map to scale;
c. Location, acreage and type of all land uses and proposed densities;
d. Location, acreage and type of land to be held in common, Open
Space devoted to community use, and land to be dedicated for
public use, including school sites:
e. Location and acreage ofall rights ofway, accesses and easements
including the names and dimensions of each road;
f. Uses and grantees of all existing and proposed easements and
rights-of-way on or adjacent to the parcel, shown by location and
dimension;
S. Location and description of monuments;
h. Primary control points, or descriptions and "ties" to such control
points to which all dimensions, angles, bearings, and similar data
on the Plat shall be referred;
i. Gross and net acreage of individual lots or sites;
j. Designation of any Building Envelopes;
k. Designation of any flood or other Hazard Area;.
l. Certification of title showing the Applicant is the land owner or
option-holder;
m. Lienholder consent, if applicable;
n. Certification by the project surveyor certifying to the accuracy of the
survey and Plat;
o. Certification for approval of the BOCC; and
p. Certification for the County Clerk and Recorder.
PUD Plan Guide. The PUD Plan Guide shall propose reasonable
standards and requirements for the PUD development and shall include, at
a minimum:
a. Regulations and standards such as height limits, access
requirements, FloorArea Ratios, allowable uses minimum lot area,
maximum Lot Coverage, minimum setbacks, maximum height of
buildings, and all other uses and restrictions applicable to the area
proposed to be zoned as PUD written in a form, the same as or
similar to, the Zone District Regulations in Article 3.
4.
GARFIELD CoUNw LAND USE AND DEVELOPMENT CODE 6-7
Landscape design guidelines that include design criteria for the
construction of parks, hails, rights-of-ways, and all other land held
in common, if applicable.
Signage standards such as height, lighting, placement, and
quantity, as applicable.
The County zoning regulations shall be applicable to any conditions
not provided for by the approved PUD Plan Guide.
Amendment Justification Report.
a-.!. General description of the amendment and any supporting information'
such as the proposed amendments to the PUD General Description,
PUD Technical Descriptions, PUD Plan Map, and/or PUD Plan Guide.
b-.2. Evaluation of how the PUD either is complies with the criteria in section
6-203.C. for a Minor Modification or how it does not comply with the
criteria.
At the time of zoning as a PUD, the Applicant may request that the BOCC modify the
specifications, standards, and requirements to which the parcel(s) would be otherwise subject
based on the zone district requirements set forth in Article 3. The BOCC may grant a modification
if the Applicant demonstrates that the proposed specifications, standards, and requirements meet
support the purpose of the PUD. ln addition, the PUD Plan shall meet the following criteria:
A. Permitted Uses.
1. Permifted uses within the PUD are all uses that are either permitted in the
underlying zone district or are in general conformance with the
Comprehensive Plan.
2. Upon approval, the uses that shall be permitted in any partlcular PUD shall
be those permitted by the PUD Guide.
B. Off-Street Parking.
The PUD shall provide parking areas adequate in terms of location, area, circulation,
safety, convenience, separation, and screening.
C. Density.
1. Nonresidential Density. The density of nonresidential development allowed
within a PUD shall comply with the Comprehensive Plan and shall not
exceed the level that can be adequately served by public facilities.
2. Residential Density.
a. Residential density shall be no greater than 2 dwelling units per
gross acre within the PUD; provided, that the BOCC may allow an
increase to a maximum of 15 dwelling units per gross acre in areas
where public water and sewer systems, owned and operated by a
municipal government or special district, pursuant to C.R.S. S 32-1-
103(20) are readily available.
b. 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 with the
b.
d.
B.
Formatted: Outline numbered + Level: 6 + Numbering
Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at:
1.25" + Tab after: 1.75" + Indent at: 1.75"
GARFIELD CoUNTY LAND USE AND OEVELOPMENT CODE 6-8
purposes of this section through appropriate design features within
the PUD that will achieve high standards of design and livability.
D. Housing Types.
For PUDs proposing residential uses:
1. The PUD shall provide for variety in housing types and densities; and
2. The PUD shall comply with Article 8, in regards to the provision of
Affordable Housing.
E. Transportation and Circulation System.
The PUD shall provide a safe, convenient, and adequate circulation system designed to
accommodate emergency vehicles and other vehicular, pedestrian, and bicycle traffic.
F. Recreational Amenities.
The PUD shall provide recreational opportunities and amenities to residents of the PUD,
if applicable.
c. Building Height.
The maximum height of buildings may be increased above the maximum allowed in the
zone district so long as the height does not result in unreasonable adverse effect on
adjacent sites or other areas in the immediate vicinity in regard to shadows, loss of air
circulation, or loss of view.
H. Lots.
1. The minimum Lot Size, the minimum setback, and the maximum Lot
Coverage may be modified from the zone district.
2. Each lot shall contain an acceptable building site, unless the lot is
specifically reserved for use that does not allow for a structure.
l. Phasing.
Each phase within a PUD shall be planned and related to existing surrounding and
available facilities and services so that failure to proceed to a subsequent phase will not
have a substantially adverse impact on the prior and future phases of the PUD or its
surroundings.
GARFIELD CoUNTY LANo USE AND DEVELOPMENT COOE
7
GARFIELD COUNTY, COLORADO
Article 7. Standards
AnrtclE 7
SrnuonRos
Tnale or CoNretrs
B. Drainage......... ..'.'........10
C. Stormwater Run-Off........... ......'......'.. 10
7.205. ENVIRONMENTAL QUALITY. .,......,.,12
A. Air Quality....... .. .........12
B. Water Quality.. .....'.......12
7-206. WILDFIRE HAZARDS ........'......'....,...12
A. Location Restrictions. ....................... 12
B. Development Does Not lncrease Potential Hazard. ...............'..........12
C. Roof Materials and Design. .....-..........12
7.207. NATURAL AND GEOLOGIG HAZARDS...... .......,,.,..12
A. Utilities............ ....'...'....12
B. Development in Avalanche Hazard Areas. ...............12
C. Development in Landslide Hazard Areas.. .........'.....'13
D. Development in Rockfall Hazard Areas. ..'.'... .......'.'. 13
E. Development in Alluvial Fan Hazard Area. .............. .....'...........'..' 1!44
F. Slope Development............... ............14
G. Development on Corrosive or Expansive Soils and Rock' .'................................ .... 15
H. Development in Mudflow Areas............. "."......'.'.......15
L Development Over Faults..........".. ............'..'......'..'...15
7.208. RECLAMAT|ON............ ..................151€
A. Applicability. ..... tga6
B. Reclamation of Disturbed Areas............. ......... .,...151€
DtvtsloN 3. slTE PLANNING AND DEVELOPMENT STANDARDS. '........16s
7-301. COMPATTBLE DESTGN. .......101"
A. Site Organi2ation................... .'. . . fOg
B. Operational Characteristics ........'... 16{+
C. Buffering......... ............17
D. Materials......... .............17
7-302. OFF-STREET PARKING AND LOADING STANDARDS........................................17
A. Off-street Parking Required. .............17
B. Off-street Loading Required......... '......'.....'.'.....'..'.... 18
C. Continuing Obligation. ......'.'. ............'t8
D. Location of Required Parking Spaces........'.. ....'...... .18
E. Loading and Unloading .... ....'.....'......' 18
F. Parking and Loading Area Surface. ...................'..1819
G. Minimum Dimensions of Parking Areas. ............ ....181€
H. Compact Car Spaces. '....'... . . . tg+S
l. Minimum Dimensions of Loading Berths............. '.............................19
J. Handicapped or Accessible Parking. .'...........'.'.'. .. ..19
K. Unobstructed Access............ ..............19
L.
M,
N.
o.
7-303.
A.
B.
c.
D.
E.
F.
G.
H.
GARFIELD CoUNTY LAND USE AND DEVELOPUENT CODE 7-ii
D. Lot Division by Boundaries, Roads, or Easements Prohibited. ...-....-25
7-403. SURVEY MONUMENTS.................... ....................2526
A. Monuments Located Within Streets. .----'................25'h
B. Setting by Standard Construction Techniques. .....2526
7-404. SCHOOL LAND DEDICATION.. .....2l,?5
A. General. ....--.--.......2. lb
B. Amount of School Land Dedicated. .......................n2A
C. Payment-ln-Lieu of Dedication of School Land............... ..............'..27
7-405. TRAFFIC IMPACT FEES.............. .........................282S
A. General Requirements. ........--.......2fl2g
DIVISION 5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION...............2930
7-s01. DESTGN STANDARDS FOR CONSERVATION SUBD|V|SIONS........................2930
A. Density. .'..'.'........... ZSCO
B. Open Space Plan Standards .............31
DIVISION 6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED
usEs. 32
7-601. ANIMAL SANCTUARY .......................32
A. Faci1ity............ .............32
B. Noise.............. .............32
C. On-site Wastewater Treatment System Required......... ...'..'.............32
D. Drainage lmpacts. ...'.'.......'..'..'.........32
7-602. ANIMAL PROCESSING. ,.................. ........................32
7-603. KENNE1S................... ......................'.32
A. Enclosed Building and Noise Prevention. ..................32
B. Noise...,..,....... ..'..........33
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE 7-iii
C. Waste and Sewage Disposal System. '......'....'.....,...33
D. State Licensing Required......... ........'33
7-604. VETERINARYcLINIC ...............'.'.'....33
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES.. ......"...33
7-701. ACCESSORY DWELLING UNIT. ........'............'........33
A. Maximum FloorArea. ........'........'.'."33
B. Ownership Restriction. .............'........33
C. Compliance with Building Code. ............. ............'.....33
D. Minimum LotArea. ............'............. 33
E. Entrance to Dwelling Unit. ............... .........'.'........'...' 33
7.702. HOME OFFICE/BUSINESS. ............... .....'..............'.'34
A. Activities lncidental and Secondary ............'..'..........'34
B. Activity Contained................... ..'......'34
C. Provision of Mandatory Parking Spaces. '.....'.'.'........34
D. Activities Conducted by Resident. ...........'.'.......'....'..34
E. Disturbances. ......"""' 34
F. Display of Goods and Retail Sales. ............. '..'..........34
G. Signage.......... ...........34
7-703. MANUFACTURED HOME PARK. ..............'....'.'.......34
A. Park Layout. ..'...'.......34
B. Foundation and Anchors... ................34
C. Landscaping... ..........'.35
D. Certification of Manufactured Homes......... .....'.........35
7.704. GROUP HOME FAC|L|T|ES................. .......'.'.'.........35
A. Required Permits......".... ..'.'.'........'....35
B. Location Restrictions. .........................'.'.........'.."......35
C. Overnight Shelter. ......'...........'.'.'......35
7-705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR. ......".36
A. Adequate Site P1an......... ...................36
B. Water Systems ..'..'.'..36
C. Wastewater Systems.......... ......,....'.'.37
D. lnhabitants...... '..........37
E. Clean, Safe, and Sanitary Condition........ .'..'............37
F. Fire Protection General Requirements. .'..'.'.......".'...37
G. Trash and Food Storage.. ..."'.'.....3738
H. Notification of Site Development............... .......'........38
L No DomesticAnimalsAllowed. ....'....38
J. Reclamation and Revegetation P1an........... ...'...........38
K. Expiration or Revocation of Land Use Change Permit. .'.......'.. .'..'...40
7.706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR. .........,40
A. Federal, State, and Local Laws and Regulations..'.'.'.......'..'.'. ..... ...40
B. Notification of Facility lnstallation and Removal. ........40
C. Water Systems '...........40
D" Wastewater Systems.......... .'.....'.".'.'.40
E. Clean, Safe, and Sanitary Condition........ ....'....'."....40
F. Trash and Food Storage.. .................40
G. Fire Protection ..'.. .......40
H. No Domestic Animals Allowed '...........40
l. Removal of Facility. .....'.".'.....'.'.".....40
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMA11..,...........................4q4+
A. Notification of Occupation and Removal.. .......... ..404+
B. General lnformation to be Provided ...........................41
C. Federal, State, and Local Laws and Regulations...'................. .........41
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE I -tv
D. Water System. """"""'41
E. Wastewater Systems......... ..... """""41
F. Clean, Safe, and Sanitary Condition.....,'. .........'..."'41
G. Trash and Food Storage.. ................41
H. Fire Protection ."""""'41
l. No Domestic Animals Allowed. .....4142
J. Third Party lnspection....... ............ ""'42
DIVISION 8. ADDITIONAL STANDARDS FOR PUBLIG/INSTITUTIONAL USES. ..,..,,.,........42
7.801. AIRCRAFT, ULTRALIGHT OPERATIONS.............. ............."..........42
7.802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. .....,.,.,.....",,,42
7-803. AIRPORTS AND HELIPORTS... ."""..43
A. Standards for Site Selection of Airport or Heliport Location or Expansion.. .'............43
B. Fabrication, Service, and Repair Operations. .......43M
C. Storage of Materials. .....-...................44
7-804. FAMIaY CHILD CARE HOME AND CHILD CARE CENTER. ...........'.".'...........-.'..M
A. Required Permits........... ...............'."'44
B. Parking. ..". """""""'44
DtvrsroN 9. ADDIIONAL STANDARDS FOR COMMERCIAL USES...............'..........'........44
7-901. BROADCASTING STUD1O.......... ..'...'.........'.'...........44
A. FCC and FAA Approval. .............."""44
B. Co-Location Communication Facilities........' .....'...."'44
7-902. NURSERY/GREENHOUSE. '............. '....'.................'/t4
A. Accessory Dwelling Unit................. ..............-...........44
B. Storage of Materials and Equipment.......'..'........... .-.....................".44
7-903. OPTIONAL PREMISES CULTIVATION OPERATION ,....,.",...,.,..,"'M
A. Signs.............. ........."'44
B. Odor............... .....".'."44
C. Visua1......"...... ......4445
D. Location.......... ..........'.45
E. On-Site Use................. ....'...'.............45
F. Other Applicable Licenses..... .'..........45
G. On-Site Notice............. ....'.'..... "" ""45
H. Compliance with Other Laws and Regulations...'. ....................""""'45
7.904. SHOOTING GALLERY/RANGE. ...,_46
A. Design............ .........!546
B. Sani[ary Facilities. .......'.".........'.'..""46
7-90s. cAMPdROUND/RECREATIONAL VEHICLE PARK............' ...'.'....46
DrvlsloN 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES....'...'....'.'..................'.46
7-1001. INDUSTRIAL USE............... .......'..'..46
A. Residential Subdivisions... .'..........'....46
B. Setbacks. .'.'..........'.....46
C. Concealing and Screening .'."'...........46
D. Storing............ ......'...."46
E. lndustiial Wastes........... ..'.....'...........46
F. Noise.............. .........4647
G. Ground Vibration. ......'...................464+
H. Hours of Operation. ................ ............47
l. lnterference, Nuisance, or Hazard. .....'.....................47
7-1002. GRAVEL EXTRACTION .."......'.....-.-47
A. Water Quantity and Quality lmpacts/Floodplain lmpacts.... ......... .....47
B. Air Quality....... . .......4748
C. NoiseA,/ibration .....4748
D. Visual Mitigation..,.................. '.......-+A
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
E. County Road System............ ...... .494S
F. Compatibility with Surrounding Land Uses. .....'........49
G. Revegetation. ........'...'49
H. Reclamation. ...'.'....'...49
l. Enforcement.................. , fle
7-1003. MINING AND OTHER EXTRACTION USES.............. .....................52
A. Roads............. ....'.".....52
B. Routing........... .'.......5253
C. Emergency Preparedness. .....'......Q*
7-1004. RECYCLTNG COLLECTION CENTERS. .............5?S7i.cA. Customary and lncidental. .'......'..' czoo
B. Parking Lot Location.... ....'. . ... AZSa
C. Stored Products..................... '.'..........53
D, Maintenance... ...'.'.......53
E. Organic Materials. ...'.'......'.....'.'........53
7-1005. SEWAGE TREATMENT FACILITY. ................'...'...53
A. Exemptfrom Minimum LotSize.......... ......'.......'..'....53
B. Accessory to the Primary Use. ............... '.'..... ...".5354
7-1006. SOL|D WASTE DISPOSAL SITE AND FAC|LITY....... ...............5354
7.1007, VEHICLE SAFETY AREAS. .........S95A
A. Continuing Obligation. ........'...'. ....5354
B. Prohibited Uses. .............. ..............' 5354
DtvtsroN 1 1. ADDTTTONAL STANDARDS FOR UTILITIES. ..... ...................... 54
7-110'.t. SOLAR ENERGY SYSTEMS...... .............................s4
A. Signage. '..'.....'....'.'.'.'54B. Solar Energy Systems, Accessory....... ....................54
7-',1102. TELECOMMUNICATIONS FACILITIES. .............5455
A. New Towers and Facilities... .'.'......, S+gS
B. Structural and Engineering Standards. .......-..........5455
C. Public Utility Structures....... .......'.'...lSS
D. Design, Materials, and Color. ".'....'....55E. Lighting and Signage... ...'...............5556
F. Non-lnterference. ................... OEso
G. Federal Aviation Agency Form............... ....'.'.........55S
H. Telecommunications Act........ .........1S0
7-1103. WATER RESERVOIR.. .....................56
DrvtstoN 12. ADDTTTONAL STANDARDS FOR ACCESSORY USES..............................56
7-1201. ACCESSORY USE............... ............56
A. Accessory Building. ...'..909
B. Accessory Structure. ........'.'...........Gs+
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE
ARTICLE 7: STANDARDS
The following standards apply to all proposed Land Use Changes, including divisions of land,
unless elsewhere in this Code a use is explicitly exempt from one or more standards.
7.101. ZONE DISTRICT USE REGULATIONS.
The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district
use restrictions and regulations.
?.1 02, COMPREHENSIVE PLAN AND INTERGOVERNM ENTAL AGREEM ENTS'
The Land Use Change is in general conformance with the Garfield County Comprehensive Plan
and complies with any applicable intergovernmental agreement.
7.103. COMPATIBILITY.
The nature, scale, and intensity of the proposed use are compatible with adjacent land uses.
7.104. SOURCE OF WATER.
All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-
term, and legal water supply to serve the use, except for land uses that do not require water, or
that contain Temporary Facilities served by a licensed water hauler.
A. BOCC Determination.
The BOCC, pursuant to C.R.S. S 29-20-301 , et seg., shall not approve an application for
a Land Use Change Permit, including divisions of land, unless it determines in its sole
discretion, after considering the application and alt of the information provided, that the
Applicant has satisfactorily demonstrated that the proposed water supply will be adequate'
Nothing in this section shall be construed to require that the Applicant own or have
acquired the proposed water supply or constructed the related infrastructure at the time of
the application.
B. Determination of Adequate Water.
The BOCC's sole determination as to whether an Applicant has an Adequate Water
supply to meet the water supply requirements of a proposed development shall be based
on consideration of the following information:
1. The documentation required by the Water Supply Plan per section 4-
203.M.;
2. A letter from the State engineer commenting on the documentation
provided in the Water Supply Plan per section 4-203.M.;
3. Whether the Applicant has paid to a Water Supply Entity a fee or charge
for the purpose of acquiring water for or expanding or constructing the
infrastructure to serve the proposed development; and
4. Any other information deemed relevant by the BOCC to determine, in its
sole discretion, whether the water supply for the proposed development is
adequate, including without limitation, any information required to be
submitted by the Applicant pursuant to this Code or State statutes.
GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE
7.105. CENTRA WATER DISTRIBUTION AND WASTEWATER SYSTEMS'
A. Water Distribution Systems.
The land use shall be served by a water distribution system that is adequate to serve the
proposed use and density.
't.
2.
Where water service through a Water Supply Entity is not physically or
economically feasible, a central well and distribution system is preferred
over individual wells.
A Central Water Distribution System is required if:
The property is located within 400 feet of a Central Water System,
the system is available and adequate to serve the proposed
development, and connection is practicable and feasible; or
The residential development consists of 15 or more dwelling units.
Every effort shall be made to secure a public sewer extension' Where
connections to an existing public sewer are not physically or economically
feasible, a central collection system and treatment plant is preferred.
A central wastewater system is required if
a.
b.
B. Wastewater Systems.
The land use shall be served by a wastewater system that iS adequate to serve the
proposed use and density.
2.
The property is located within 400 feet of a Sewage Treatment
Facility, the system is available and adequate to serve the proposed
development, and connection is practicable and feasible.
The property is not suitable for an OWTS. Septic systems are not
permitted on parcels less than 1 acre in size.
7.IOC PUBLIG UTILITIES.
A. Adequate Public Utilities.
Adequate Public Utilities shall be available to serve the land use.
B. Approval of Utility Easement by Utility Company.
Utility easements shall be subject to approval by the applicable utility companies and,
wheie required, additional easements shall be provided for main switching stations and
substations. The Applicant shall work with the utility companies to provide reasonably-
sized easements in appropriate locations.
b.
septic Tank (Subsurface) or Dispersal Method
Discharging: Ground Surface or Waters of the state
Notes:
1. Shall comply with County OWTS regulations and applicable State requirements.
2. Prohibited for new development; may be allowable for legal nonconforming lots
3. Domestic water shall be supplied from an approved source.
4, Shall be approved by the State.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-2
C. Utility Location.
Unless otherwise provided in this Code, the following conditions shall apply to the location
of utility services.
1. Underground Location. All utilities except major power transmission lines,
transformers, switching and terminal boxes, meter cabinets, and other
appurtenant facilities shall be located underground throughout the
development unless it is demonstrated to the satisfaction of the BOCC that
compliance is impractical or not feasible and will result in undue hardship.
2. Easement Location. As applied to Subdivisions and Exemptions, all utility
lines, including appurtenances, shall be placed either within roads or public
rights-of-way.
3. Dimensional Requirements.
a. Easements centered on common Rear Lot Lines shall be at least
16 feet wide.
b. Where an easement abuts a Rear Lot Line that is not the Rear Lot
Line of another lot, or that is on the perimeter of the development,
the easement width shall be a minimum of 10 feet.
c. Where inclusion of utilities within the Rear Lot Line is impractical
due to topographical or other conditions, perpetual unobstructed
easements at least 10 feet in width shall be provided alongside Lots
Lines with satisfactory access to the road or Rear Lot Line'
d. Where easements are combined with a water course, drainage
way, channel, or stream and the use would be in conflict with
drainage requirements or Wetlands, an additional utility easement
of at least 10 feet in width shall be provided.
e. Multiple use of an easement is encouraged to minimize the number
of easements.
D. Dedication of Easements.
All utility easements shall be dedicated to the public. Drainage easement may be
dedicated to either the public or to an HOA.
E. Construction and lnstallation of Utilities.
Applicants shall make the necessary arrangements with each service utility for the
construction and installation of required utilities. Utilities shall be installed in a manner
that avoids unnecessary removal of trees or excessive excavations, and shall be
reasonably free from physical obstructions.
F. Conflicting Encumbrances.
Easements shall be free from conflicting legal encumbrances.
7.107. ACCESS AND ROADWAYS,
All roads shall be designed to provide for adequate and safe access and shall be reviewed by the
County Engineer.
A. Access to Public Right-of-Way.
All lots and parcels shall have legal and physical access to a public right-of-way.
B. Safe Access.
Access to and from the use shall be safe and in conformance with applicable County,
State, and Federal access regulations. Where the Land Use Change causes warrant(s)
for improvements to State or Federal highways or County Roads, the developer shall be
responsible for paying for those improvements.
GARFTELD CouNTy LANo UsE AND DEVELoPMENT CoDE 7-3
C. Adequate Capacity.
Access serving the proposed use shall have the capacity to efficiently and safely service
the additional traffic generated by the use. The use shall not cause traffic congestion or
unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall
be mitigated through roadway improvements or impact fees, or both.
D. Road Dedications.
All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They
will not, however, be accepted as County roads unless the BOCC specifically designates
and accepts them as such.
E. lmpacts Mitigated.
lmpacts to County roads associated with hauling, truck traffic, and equipment use shall be
mitigated through roadway improvements or impact fees, or both
F. Design Standards.
Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows:
efficient internal circulation within the development and provide reasonable
access to public highways serving the development. Roads shall be
designed so that alignments will join in a logical manner and combine with
adjacent road systems to form a continuous route from 1 area to another'
2. lntersections. No more than 2 streets shall intersect at 1 point, with a
minimum of 200 feet between off-set intersections, unless otherwise
approved by the CountY.
3. Street Names. Street names shall be consistent with the names of existing
streets in the same alignment. There shall be no duplication of street
names in the County.
4. Congestion and Safety. The road system shall be designed to minimize
road congestion and unsafe conditions.
Desltn Standards
Design capacity {ADT)2501+401 - 2500 201 - 400 101-200 21 - 100 o-20 No Access
tO DU
Minimum ROW Width 80 60 50 50 40 L5 to 301 30
Lane Width (Feet)12 12 11 1l 8
single Lane
72
Single Lane
72
Shoulder Width (Feet)8
6 Min. Paved
6
4 Min. Paved
6
4 Min. Paved
4
2 Min. Paved
2 0 0
Ditch width {Feet}10 10 6 5 4 31 0
Cross Slope
2% Chiplseal
3% Gravel
2% chiplseal
3% Gravel
2%
Shoulder Slooe 30/"3%5%5%s%n/a n/a
Desicn Speed 35 mpn 35 mph nla n/a
Minimum Radius (Feet)425 185 80 80 50 40 n/a
Maximum Y" Grade g/"ao/"LO%L2%t20/.t20/o 72%
Surface
Asphalt or
Chio/seal Chip/Seal chip/seal or
Gravel Gravel Gravel Native
Materlal nla
1 As determined adequate in an engineering reMew
either an easement or ROW.
2 lf determined necessarv for adeouate drainaqe.
Primitive road shall be dedicated ROW, driveway can be dedicated as
1.and Alignment. The road system shall adequate and
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-4
5.Continuation of Roads and Dead-End Roads. Roads shall be arranged to
provide for the continuation of major roads between adjacent properties
when appropriate and necessary for traffic movement, effective fire
protection, or efficient provision of utilities.
a. lf the adjacent property is undeveloped and the road must be
temporarily dead-ended, right-of-way shall be extended to the
property line and the BOCC may require construction and
maintenance of a turnaround for temporary use. The Final Plat
shall include a Plat notation that land outside the normal road right-
of-way shall revert to abutting property owners when the road is
continued, after compliance with the County road vacation process.
b. Dead-end streets may be permitted provided they are not more than
600 feet in length and provide for a cul-de-sac or a T-shaped
turnaround based on the following design standards. The BOCC
may approve longer cul-de-sacs for topographical reasons if
adequate fire protection and emergency egress and access can be
provided.
(1) Cul-de-sacs shall have a radius of at least 45 feet
measured from the center of the cul-de-sac, and
(a) Nonresidential development shall have at
least a 7S-foot right-of-way where tractor
trailer trucks will enter the property; and
(b) Residential development shall have a 50-foot
right-of-way;
(2) T-shapedTurnaround.
(a) Nonresidential development shall have a
minimum turning radius of 75 feet where
tractor trailer trucks will enter the property;
and
(b) Residential development shall have a
minimum turning radius of 50 feet.
c. Dead-end streets shall be discouraged, except in cases where the
dead-end is meant to be temporary with the intent to extend or
connect the rightof-way in the future. lf a dead-end street is
approved, room for plowed snow storage shall be included by
providing a T-shaped turnaround with a minimum turning radius of
50 feet for residential development and 75 feet for
commercial/industrial development where tractor trailer trucks will
enter the property. A dead-end street is different from a cul-de-sac
in that a dead-end street has no permanent turnaround at the end
of the street.
Relationship to Topography. Streets shall be designed to be compatible
with the topography, creeks, wooded areas, and other natural features.
Combinations of steep grades and curves should be avoided. When, due
to topography, hazards or other design constraints, additional road width is
necessary to provide for the public safety by cut and/or fill area, drainage
area, or other road appurtenances along roadways, then dedication or
right-of way in excess of the minimum standards set forth in this Code shall
be required.
Erosion and Drainage. The road system shall minimize erosion and
provide for efficient and maintainable drainage structures.
6.
7.
GARFIELD COUNTY LAND USE AND OEVELOPMENT CODE 7-5
8. Commercial and lndustrial. The roads and access in commercial and
industrial developments shall be designed to minimize conflict between
vehicular and Pedestrian traffic.
9. EmergencyAccess and Egress. Roads shall be designed so as to provide
emergency access and egress for residents, occupants, and emergency
equipment. Emergency access shall comply with provisions of the
lnternational Fire Code and requirements of applicable emergency
services, such as fire protection, ambulance, and law enforcement.
10. Traffic Control and Street Lighting. Traffic control devices, street signs,
street lighting, striping, and pedestrian crosswalks are to be provided as
required by the County Road and Bridge Department or other referral
agencies.
11. DrainageStructures.
a. Roadway drainage structures such as bridges, culverts, cross pans,
inlets, and curbs and gutters shall be provided as determined by
design and in conformance with the County road standards.
b. Culverts are required where driveways connect to roadways unless
specifically exempted by the County Road and Bridge Department.
It is the responsibility of the prope( owners to maintain their
culverts free and clear of mud, silt, debris, and ice. Water that flows
out of driveways must be diverted to ditches. Damage to a road
caused by a blocked culvert, lack of culvert, or driveway Runoff is
the responsibility of the property owner and costs of repairs by the
County may be billed to the property owner as authorized by C.R.S.
Title 43, Article 5.
12. Roadside Ditches. Water flowing in roadside ditches shall be diverted
away from the road as quickly as possible. ln no case shall water travel in
a roadside ditch for a distance greater than 800 feet or have a flow greater
than 5 cubic feet per second during a 25-year,24-hour storm event.
7.108. USE OF LAND SUBJECT TO NATURAL HAZARDS.
Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow
slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has
been designed to eliminate or mitigate the potential effects of hazardous site conditions as
designed by a qualified professional engineer and as approved by the County.
7.109. FIRE PROTECTION.
A. Adequate Fire Protection.
Adequate fire protection will be provided for each land use change as required by the
appropriate fi re protection district.
B. Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions.
The following resource protection standards apply to all proposed Land Use Changes, including
divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more
standards.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-6
7.201. AGRICULTURAL LANDS.
A. No Adverse Affect to iAgricultural Operations.
Land Use Changes on lands adjacent to or directly affecting agricultural operations shall
not adversely affect or otherwise limit the viability of existing agricultural operations.
Proposed divlsion and development of the land shall minimize the impacts of development
on Agricultural Lands and agricultural operations, and maintain the opportunity for
agricultural Production.
B. Domestic Animal Controls.
Dogs and other domestic animals that are not being used to assist with the herding or the
care of livestock shall not be permitted to interfere with livestock or the care of livestock
on Agricultural Lands. The County shall require protective covenants or deed restrictions
as necessary to control domestic animals.
C. Fences.
The County is a Right to Farm County consistent with section 1-301. Fences shall be
constructed to separate the development from adjoining Agricultural Lands or stock drives
as required to protect Agricultural Lands by any new development and to separate new
development from adjoining agricultural operations. All parts of the fencing including such
items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner,
HOA, or other responsible entitY.
D. Roads.
Roads shall be located a sufficient distance back from the property boundaries so that
normal maintenance of roads, including snow removal, will not damage boundary fences.
Dust control shall be required, both during and after construction, to minimize adverse
impacts to livestock and croPs.
E. Ditches.
1. Colorado State Statutes, C.R.S. 37-86-102, provides that "any person
owning a water right or conditional water right shall be entitled to a right-of-
way through the lands which lie between the point of diversion and point of
use or proposed use for the purpose of transporting water for beneficial use
in accordance with said water right or conditional water right." A standard
County note
tansuage) shall be placed on all final plats and site plans for land use
change psrmits for prooerties that are imoacted bv. or contain. irriqation
ditches.
The Colorado Constitution Article XVl, Section 7 provides that all persons
and corporations shall have the right-of-way across public, private and
corporate lands for the construction of ditches for the purposes of
conveying water for domestic, agricultural, mining, manufacturing and
drainage purposes upon just compensation.
Rights-of-Way. The land use change shall not interfere with the ditch
rights-of-way.
Maintenance. Where irrigation ditches cross or adjoin the land proposed to
be developed, the developer shall insure that the use of those ditches,
including maintenance, can continue uninterrupted.
Maintenance Easement. A maintenance easement shall be indicated on
any Final Plat for the division of land or for the final development plan for
any other land use. The Applicant shall provide a letter from the ditch
owner accepting that the development proposal will have no impact on their
ability to maintain the ditch and that an adequate maintenance easement
2.
3.
4.
5.
GARFIELD CouNw LAND UsE AND DEVELoPMENT CoDE 7-7
is possible. No structure or fence shall be placed within the righlof-way or
easement without written permission from the appropriate ditch owner.
Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s)
to operate and maintain their ditch without increased burden of
maintenance or liability. Development shall minimize ditch crossings. At a
minimum all irrigation ditch crossings shall:
a. Require the crossing be sized to not interfere with ditch operations
or change existing hydraulic flow characteristics;
b. Provide vehicle and maintenance equipment access to the ditch
from both sides of the ditch crossing from all roads for use by the
ditch owner(s);
c. Prior to permit application, or construction within the ditch right-of-
way the Applicant shall provide a letter from the ditch company
regarding agreement with standards contained in the proposed
crossing;
d. The BOCC may require specific improvements to ditch crossings if
determined to be necessary in the review process, particularly if
these improvements are required to address safety concerns;
Referral to Ditch Owner. Application for Division of Land or Land Use
Change Permit that may affect or impact any ditch right-of-way shall include
the name and mailing address of the ditch owner. (This information may
be obtained by contacting the Water Commissioner at the Colorado
Division of Water Resources to determine the ditch owner for purposes of
requesting review and comment on the development proposal).
Drainage. Application for Division of Land or Land Use Change Permit that
includes any improvements located adjacent to or below grade of an
irrigation ditch shall address and mitigate potential impacts to the irrigation
ditch in a drainage plan. The drainage plan shall demonstrate that the
drainage will not impair operation of the ditch.
Water Quality and Stormwater Management. No development or changes
in land use shall channel surface waters into any irrigation ditch without the
written consent of the ditch owner.
7-202. WILDLIFE HABITAT AREAS.
The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in
determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include,
but are not limited to, 1 or more of the following:
A. Buffers.
Visual and sound buffers shall be created through effective use of topography, vegetation,
and similar measures to screen structures and activity areas from habitat areas.
B. Locational Controls of Land Disturbance.
Land disturbance shall be located so that wildlife is not forced to use new migration
corridors, and is not exposed to significantly increased predation, interaction with vehicles,
intense human activity, or more severe topography or climate.
C. Preservation of Native Vegetation.
'1. Proposed Land Use Changes are designed to preserve large areas of
vegetation utilized by wildlife for food and cover, based upon
recommendations by the Colorado Parks and Wildlife.
7.
8.
9.
GARFIELD COUNTY LANO USE AND DEVELOPMENT CODE 7-8
2. When native vegetation must be removed within habitat areas, it shall be
replaced with native and/or desirable nonnative vegetation capable of
supporting post-disturbance land use.
3. Vegetation removed to control noxious weeds is not required to be replaced
unless the site requires revegetation to prevent other noxious weeds from
becoming established.
D. Habitat Compensation.
Where disturbance of critical wildlife habitat cannot be avoided, the developer may be
required to acquire and permanently protect existing habitat to compensate for habitat that
is lost to develoPment.
E. Domestic Animal Controls.
The County may require protective covenants or deed restrictions as necessary to control
domestic animals by fencing or kenneling.
7.203. PROTECTION OF WATERBODIES.
A. Minimum Setback.
1. A setback of 35 feet measured horizontally from the Typical and Ordinary
High Water Mark (TOHWM) on each side of a Waterbody is required.
2. ln the case of entrenched or incised streams, where the vertical distance
from the bank exceeds 25 feet, all activities, except for those referenced in
section 7-203.A.3, will adhere to a setback of 2.5 times the distance
between the TOHWMs or 35 feet, whichever is less.
3. A minimum setback of 100 feet measured horizontally from the TOHWM
shall be required for any storage of hazardous materials and sand and salt
for use on roads.
B. Structures Permitted ln Setback.
lrrigation and water diversion facilities, flood control structures, culverts, bridges,
pipelines, and other reasonable and necessary structures requiring some disturbance
within the 35 foot setback may be permitted.
C. Structures and Activity Prohibited in Setback.
Unless othenivise permitted or approved, the following activities and development shall
be prohibited in the 35 foot setback:
1. Removal of any existing native vegetation or conducting any activity which
will cause any loss of riparian area unless it involves the approved removal
of noxious weeds, nonnative species, or dead or diseased trees.
2. Disturbance of existing natural surface drainage characteristics,
sedimentation patterns, flow patterns, or flood retention characteristics by
any means, including without limitation grading and alteration of existing
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-9
topography. Measures taken to restore existing topography to improve
drainage, flow patterns, and flood control must be approved.
D. Compliance with State and Federal Laws.
Any development impacting a waterbody shall comply with all applicable state and
fed'eral laws, including, but not limited to, GDPHE water quality control division
regulations and the Army Corp of Engineers regulations and permitting for waters of the
U.S.
7.204 DRAINAGE AND EROSION.
A. Erosion and Sedimentation.
Excluding Grading activities for agricultural purposes, development disturbing 1 acre or
more is iubject to the CDPHE National Pollutant Discharge Elimination System Permit,
unless otherwise exempted by CDPHE'
B. Drainage
1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide
positive drainage away from all buildings.
2. Coordination With Area Storm Drainage Pattern. lndividual lot drainage
shall be coordinated with the general storm drainage pattern for the area.
a. Drainage ditches shall have a minimum Slope of no less than
0.75%. Energy dissipaters or retention ponds shall be installed in
drainage ditches where flows are in excess of 5 feet per second.
Ditches adjacent to roads shall have a maximum Slope of 3:1 on
the inside and outside edges, except where there is a cut Slope on
the outside edge, in which case the edge of the ditch shall be
matched to the cut SloPe.
b. Subdrains shall be required for all foundations where possible and
shall divert away from building foundations and daylight to proper
drainage channels.
c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to
avoid concentration of drainage from any lot to an adjacent lot.
C. Stormwater Run-Off.
These standards shall apply to any new development within 100 feet of a Waterbody and
to any other development with 10,000 square feet or more of impervious surface area.
'1. Avoid Direct Discharge to Streams or Other Waterbodies' Stormwater
Runoff from project areas likely to contain pollutants shall be managed in a
manner that provides for at least 1 of the following and is sufficient to
prevent water quality degradation, disturbance to adjoining property, and
degradation of Public roads.
a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated
areas capable of maintaining Sheetflow for infiltration. Vegetated
receiving areas should be resistant to erosion from a design storm
of 0.5 inches in 24 hours.
b. On-Site Treatment. On-site treatment of stormwater prior to
discharge to any natural Waterbody by use of best management
practices designed to detain or infiltrate the Runoff and approved
as part of the stormwater quality control plan prior to discharge to
any natural WaterbodY.
c. Discharge to Stormwater Conveyance Structure. Discharge to a
stormwater conveyance structure designed to accommodate the
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-1 0
2.
projected additional flows from the proposed project' with treatment
by a regional or other stormwater treatrnent facility.
Minimize Directly-Connected lmpervious Areas. The site design shall
minimize the extent of directly-connected impervious areas by including the
following requirements:
a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from
developed impervious surfaces (rooftops, Parking Lots, sidewalks,
etc.) shall drain over stable, vegetated pervious areas before
reaching stormwater conveyance systems or discharging to
Waterbodies.
b. Techniques Used in Coniunction with Buffer Strip. The requirement
that all impervious areas drain to vegetated pervious buffer strips
may be reduced if the outflow from the vegetated pervious buffer
strip is directed to other stormwater treatment methods. Examples
of other potential techniques to be used in conjunction with
vegetated pervious buffer strip are: infiltration devices, grass
depressions, constructed Wetlands, sand filters, dry ponds' etc.
c. Grass Buffer Strip Slope Design. When impervious surfaces drain
onto grass buffer strips, a Slope of less than 10% is encouraged'
unless an alternative design is approved by the County.
Detain and Treat Runoff. Permanent stormwater detention facilities are
required to be designed to detain flows to historic peak discharge rates and
to provide water quality benefits and maintained to ensure function. Design
criteria for detention facilities include:
a. Detention facilities shall ensure the post-development peak
discharge rate does not exceed the pre-development peak
discharge rate for the 2-year and 25-year return frequency,24-hour
duration storm. ln determining Runoff rates, the entire area
contributing Runoff shall be considered, including any existing off-
site contribution.
b. To minimize the threat of major property damage or loss of life, all
permanent stormwater detention facillties must demonstrate that
there is a safe passage of the 1 OO-year storm event without causing
property damage.
c. Channels downstream from the stormwater detention pond
discharge shall be protected from increased channel scour, bank
instability, and erosion and sedimentation from the 25-year return
frequency, 24-hour design storm.
d. Removal of pollutants shall be accomplished by sizing dry detention
basins to incorporate a 40-hour emptying time for a design
precipitation event of 0.5 inches in 24 hours, with no more than 50oh
of the water being released in 12 hours. lf retention ponds are used,
a 24-hour emptying time is required. For drainage from Parking
Lots, vehicle maintenance facilities, or other areas with extensive
vehicular use, a sand and oil grease trap or similar measures also
may be required. To promote pollutant removal, detention basins
length{o-width ratio should be not less than 2, with a ratio of 4
recommended where site constraints allow. A sedimentation
"forebay" is recommended to promote long-term functioning of the
structure. Access to both the forebay and pond by maintenance
equipment is required.
3.
7-11GARFIELD CoUNTY LAND USE AND DEVELOPMENT CODE
e. Culverts, drainage pipes, and bridges shall be designed and
constructed in compliance with AASHTO recommendations for a
water live load.
7.205, ENVIRONMENTAL QUALITY.
A. Air Quality.
Any Land Use Change shall not cause air quality to be reduced below acceptable levels
established by the Colorado Air Pollution Control Division.
B. Water Quality.
At a minimum, all hazardous materials shall be stored and used in compliance with
applicable State and Federal hazardous materials regulations.
7.206. WILDFIRE HAZARDS.
The following standards apply to areas subject to wildfire hazards as identified on the County
Wildfire SusCeptibillty lndex Map as indicated in the County's Community Wildfire Protection Plan.
A. Location Restrictions.
Development associated with the land use change shall not be located in any area
designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire
chimney as identified by the Colorado State Forest Service.
B. Development Does Not lncrease Potential Hazard.
The proposed Land Use Change shall be developed in a manner that does not increase
the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel
composition.
C. Roof Materials and Design.
Roof materials shall be made of noncombustible materials or other materials as
recommended by the local fire agency.
?.207. NATURAL AND GEOLOGIC HAZARDS.
A. Utilities.
Above-ground utility facilities located in Hazard Areas shall be protected by barriers or
diversion techniques approved by a qualified professional engineer. The determination to
locate utility facilities above ground shall be based upon the recommendation and
requirements of the utility service provider and approved by the County.
B. Development in Avalanche Hazard Areas.
Development may be permitted to occur in Avalanche Hazard Areas if the development
complies with the following minimum requirements and standards, as certified by a
qualifieO professional engineer, or qualified professional geologist, and the plan approved
by the County.
1. Building construction shall be certified to withstand avalanche impact and
static loads and otherwise protected by external avalanche-defense
structures that have been similarly certified.
2. Driveways and subdivision roads shall avoid areas where avalanches have
return periods of fewer than 10 years.
3. Clear-cutting or other large-scale removal of vegetation is prohibited in
avalanche path starting zones, or in other locations that can increase the
potential avalanche hazard on the property.
4. Extractive operations in Avalanche Hazard Areas are prohibited when
snow is on the ground unless a program of avalanche control and defense
measures has been approved by the County to protect the operation.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-12
C. Development in Landslide Hazard Areas.
Development may be permitted to occur in Landslide Hazard Areas only if the
development complies with the following minimum requirements and standards, as
certified by a qualified professional engineer, or qualified professional geologist, and as
approved by the county.
1. Development shall comply with recommended construction practices to
artiflcially stabilize, support, buttress, or retain the potential slide area and
to control surface and subsurface drainage that affects the slide area'
2. The following development activities shall be prohibited in Landslide
Hazard Areas:
a. Activities that add water or weight to the top of the Slope, or along
the length of the Slope, or otheruise decrease the stability of the
Hazard Area. Measures and structural improvements to
permanently control surface and subsurface drainage from the
develoPment shall be required.
b. Activities that remove vegetation or other natural support material
that contributes to its stability.
c. Activities that increase the steepness of a potentially unstable
SloPe.
d. Activities that remove the toe of the landslide, unless adequate
mechanical suPport is Provided-
D. Development in Rockfall Hazard Areas.
Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant
demonstrates that the development cannot avoid such areas and the development
complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or a qualified professional geologist, and as approved by
the County.
1. Development shall comply with recommended construction practices to
minimize the degree of hazard. Construction practices may include:
a. Stabilizing rocks by bolting, gunite application (cementing), removal
of unstable rocks (scaling), cribbing, or installation of retaining
walls.
b. Slowing or diverting moving rocks with rock fences, screening,
channeling, damming, or constructing concrete barriers or covered
galleries.
c. lnstallation of structural barriers around vulnerable structures to
prevent rock imPact.
2. The following development activities shall be prohibited in rockfall Hazard
Areas:
a. Activities that add water or weight to, or otherwise decrease the
stability of, cliffs or overhanging strata.
b. Activities that will reduce stability, including activities that remove
vegetation or other natural support material, or that require
excavation, or cause erosion that will remove underlying support to
a rockfall Hazard Area.
E. Development in Alluvial Fan Hazard Area.
Development shall only be permitted to occur in an alluvial fan if the Applicant
demonstrates that the development cannot avoid such areas, and the development
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-13
complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or qualified professional geologist, and as approved by
the County:
1. Development shall be protected using structures or other measures on the
uphill side that channel, dam, or divert the potential mud or debris flow'
2. Disturbance shall be prohibited in the drainage basin above an alluvial fan,
unless an evaluation of the effect on Runoff and stability of the fan and on
the ground water recharge area shows that disturbance is not substantial
or can be successfullY mitigated.
F. Slope Development.
Development on Slopes ZOY, or greater shall only be permitted to occur if the Applicant
demonstrates that the development complies with the following minimum requirements
and standards, as certified by a qualified professional engineer' or qualified professional
geologist, and as approved by the County:
1. Building lots with 20% or greater slope shall require a special engineering
study to establish the feasibility of development proposed for the site. The
study shall address feasibility of construction required for the use and
describe the mitigation measures to be used to overcome excessive slope
problems.
2. Development shall be permitted to occur on Slopes greater than 30% only
if the Applicant demonstrates that the development cannot avoid such
areas and the development complies with the following minimum
requirements:
a. Cutting, filling, and other Grading activities shall be confined to the
minimum area necessary for construction.
b. Development shall be located and designed to follow natural grade,
rather than adjusting the site to fit the structure. Roads and
driveways built to serve the development shall follow the contours
of the natural terrain and, if feasible, shall be located behind existing
landforms.
3. Development on Unstable or Potentially Unstable Slopes' lf a site is
identified as having moderate or extremely unstable Slopes, then
development shall be permitted only if the Applicant demonstrates that the
development cannot avoid such areas and the development complies with
certified geotechnical design and construction stabilization and
maintenance measures.
a. Cutting into the Slope is prohibited without provision of adequate
mechanical suPport.
b. Adding water or weight to the top of the Slope' or along the length
of the SloPe, is Prohibited.
c. Vegetation shall not be removed from the Slope unless the integrity
of the Slope can be adequately maintained.
4. Development on Talus Slopes. Development shall be permitted to occur
on a Talus Slope only if the Applicant demonstrates that the development
cannot avoid such areas, and the development complies with the following
minimum requirements and standards, as certified by a qualified
professional engineer, or a qualified professional geologist' and as
approved bY the CountY:
The development shall be designed to withstand down Slope
movement.
GARFIELD COUNTY LAND USE ANO DEVELOPMENT CODE 7-14
b. The design shall include buried foundations and utilities below the
active Talus Slope surface.
c. Site disturbance shall be minimized to avoid inducing slope
instability.
d. The toe of a Talus Slope shall not be removed unless adequate
mechanical support is Provided.
G. Development on Corrosive or Expansive Soils and Rock.
Development in areas with corrosive or expansive soils and rock shall be designed based
upon an evaluation of the development's effect on Slope stability and shrink-swell
ci"raracteristics. Development shall be permitted only if the Applicant demonstrates that
the development cannot avoid such areas and the development complies with design,
construction stabilization, and maintenance measures certified by a qualified professional
engineer, or qualified professional geologist, and is approved by the County.
1. Surface drainage shall be directed away from foundations.
2. Runoff from impervious surfaces shall be directed into natural drainages or
otherwise on-site in a manner that does not create or increase adverse
impacts to the development site or to adjacent or other property'
H. DeveloPment in Mudflow Areas.
Development shall be permitted in a mudflow area only if the Applicant demonstrates that
the development €nnot avoid such areas, and the development adequately employs,
construction stabilization, and mitigation and maintenance measures as designed by a
qualified professional engineer, or qualified professional geologist, and as approved by
the County.
l. Development Over Faults.
Development shall be permitted over faults only if the Applicant demonstrates that such
areas cannot be avoided and the development complies with mitigation measures based
on geotechnical analysis and recommendations, as certified by a qualified professional
engineer, or qualified professional geologist, and approved by the County.
7-208. RECLATIIATION.
A. Applicability.
These standards shall apply to any development that requires a Land Use Change Permit,
including divisions of land, as well as to the following activities:
1. lnstallation of ISDS. lnstallation of a new or replacement ISDS,
Z. Driveway Construction. Any driveway construction that requires a Garfield
County Access Permit or a CDOT Access Permit'
3. Preparation Area. All areas disturbed during development that do not
comprise the longer-term functional areas of the site but are those areas
used for the short-term preparation of the site.
B. Reclamation of Disturbed Areas.
Areas disturbed during development shall be restored as natural-appearing landforms that
blend in with adjaceni undisturbed topography. When the final landform is achieved, the
surface shall be stabilized by vegetation or other means to reduce further soil erosion from
wind or water, provide forage and cover, prevent fugitive dust as required by State Statute,
and reduce visual impacts.
1. Contouring and Revegetation. Abrupt angular transitions and linear
placement on visible Slopes shall be avoided. Areas disturbed by Grading
shall be contoured so they can be revegetated, and shall be planted and
GARFIELD CoUNW LAND USE AND DEVELOPMENT COOE 7-15
2.
3.
have vegetation established. A uniform vegetative cover shall be
established with an individual plant density of at least 70% of pre-
disturbance levels within 4 growing seasons. Revegetation cover shall
consist of a diversity of native and/or beneficial nonnative vegetation
species capable of supporting the post-disturbance land use. State or
County listed noxious weeds, as well as alien annual invasive species, do
not count as part of the 70% cover. To the maximum extent feasible,
disturbed areas shall be revegetated to a desired plant community with
composition of weed-free species and plant cover typical to that site.
Weed Management. A management plan with appropriate strategies shall
be employed for all Garfield County listed noxious weeds, State of
Colorado listed noxious weeds that are targeted for statewide eradication
and any other invasive species.
Application of Top Soil. Top soil shall be stockpiled and placed on
disturbed areas and managed for later use in reclamation. Provisions for
salvaging on-site topsoil, a timetable for eliminating topsoil and/or
aggregate piles and a plan that provides for soil cover if any disturbances
oi itockpiles will sit exposed for a period of 90 days or more shall be
reviewed and accepted by the Garfield County Vegetation Manager.
Retaining Walls. Retaining walls made of wood, stone' vegetation, or other
materials that blend with the natural landscape shall be used to reduce the
steepness of cut Slopes and to provide planting pockets conducive to
revegetation.
Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all
vegetative residue, branches, limbs, stumps, roots, or other such
flammable lot-clearing debris shall be removed from all areas of the lot in
which such materials are generated or deposited, prior to final building
inspection approval.
Removal of Debris. Within 6 months of substantial completion of soil
disturbance, all brush, stumps, and other debris shall be removed from the
site.
Time Line Plan. Every area disturbed shall have a time line approved for
the reclamation of the site.
4.
6.
7.
Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more
standards, the following itandards shall apply to all uses, divisions of land and PUDs. Single-
family dwelling units, are specifically exempt from these Division 3 standards.
7-301. COMPATIELE DESIGN.
The design of development associated with the land use change shall be compatible with the
existing character of adjacent uses.
A. Site Organization.
The site shall be organized in a way that considers the relationship to streets and lots,
solar access, parking, pedestrian access, and access to common areas.
B. Operational Characteristics'
The operations of activities on the site shall be managed to avoid nuisances to adjacent
uses relating to hours of operations, parking, service delivery, and location of service
areas and docks.
GARFIELD COUNTY LANO USE AND DEVELOPMENT CODE 7-16
1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are
reasonably objectionable to adjacent property.
2. Noise shall not exceed State noise standards pursuant to C-R.S., Article
12 of Title 25, unless the use is regulated by the COGCC In this case, the
use shall be subject to COGCC Rules regarding noise abatement'
3. Hours of operation shall be established to minimize impacts to adjacent
land uses.
C. Buffering.
Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property
whenever adjacent uses are in a different zone district.
D. Materials.
Exterior facades shall be constructed with materials that do not dekact from adjacent
buildings or uses.
7.302. OFF.STREET PARKING AT'ID LOADING STANDARDS.
A. Off-Street Parking Required.
All land uses shall be required to provide the number of off-street parking spaces set forth
in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by
the Director.
1. A parking or loading space that is required by this Code shall not be a
required parking or loading space for another use unless it can be shown
that the shared use will not result in a shortage of parking at any time. Use
of approved shared parking or loading spaces, based upon the following
conditions, may reduce the number of off-street parking spaces by up to
20% of the total required for all uses.
a. The peak use periods for the required parking or loading space will
not overlap with one another.
b. The shared use arrangementfor parking or loading spaces shall be
for 2 or more uses located on the same site or adjoining sites.
2.When any calculation of the number of required off-street parking spaces
results in a fractional space being required, such fraction shall be rounded
up to the next higher number of spaces
Sinole-Unit 2 Soaces Per Ur
2-unit 2 Soaces Per Ur
Mrrlli-Llnit 2 5 Soaces Per Unit
Manufactured Home Park 2 Soaces Per [Jnit
Transitional Housinq 1 Space Per Unit
overniohVEmeroencv Shelter
Auditorium/Public Assemblv Areas 1 Soace Per 1 00 Souare Feet ot Seatinq Area
Public FaciliW 1 Soace Per 300 Square Feet of Floor Area2
Health Facilitv 1 Soace Per 300 Square Feet of Floor Area'
Lodoino 1 Soace Per Room
?eslalrranl and Tavern 1 Soace Per Everu 4 Seats
Retail, Service, or Office I SDace Per 250 Souare Feet ot Leasable Floor Area
Wholesale Establishment, Warehouse, Rail or
Tflrk Freioht Terminals
1 space per 2.000 square feet of Floor Area
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
B. Off-Street Loading Required.
Buildings or structures that are designed or that are substantially altered so as to receive
and distribute materials and merchandise by truck shall provide and maintain off-street
loading spaces in sufficient number to meet their need. Where the property or use is
serveJor'designed to be served by tractor-trailer delivery vehicles, the standards in Table
7-302.8. shall be used in establishing the minimum number of off-street loading berths
required.
Uo to 10,000 Square Feet 1 Space
Greater Than 10,000 Square Feet 2 Soaces
C. Continuing Obligation.
The provision and maintenance of off-street parking and loading spaces that comply with
this Code shall be a continuing obligation of the property owner.
D. Location of Required Parking Spaces.
Required off-street parking spaces shall be located on the same lot or the adjacent lot
proximate to the business they are intended to serve.
E. Loading and Unloading.
Loading and unloading of vehicles serving commercial and industrial uses shall be
conduCted in a manner that does not interfere with the proper flow of traffic'
F. Parking and Loading Area Surface.
1. Surface Materials. Off-street parking areas, loading areas, aisles' and
access drives shall have a durable, all-weather surface made of materials
that are suitable for the uses to which the parking area will be put.
2. Grading and Drainage. Parking and loading surfaces shall be design by
an engineer to ensure proper drainage off surface and stormwater.
3. Striping. Paved surfaces shall be striped to demarcate the parking spaces
for all commercial lots and for residential lots containing over 4 contiguous
spaces.
G. Minimum Dimensions of Parking Areas.
The minimum dimensions of parking spaces, aisles, and back-up areas are specified in
Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel
stop, if an additional area ol 2 feet in length is provided for the front overhang of the car,
provided that the overhang shall not reduce the width of the adjacent walkway to less than
4 feet.
H. Compact Car Spaces.
ln parking areas containing more than 1 0 spaces, up lo 20% of the number of spaces over
the first 10 spaces may be designed and designated for compact cars.
1. Minimum Dimensions. A compact car space shall have minimum
dimensions of 8 feet in width by 16 feet in length.
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE 7-1 8
Signage. Compact car spaces shall be designated for excluslve use by
compact cars and identified by stencil signage or a raised identification sign
not to exceed dimensions.
t8',1
. REGULAR SPACE
/ I'X20',
COMPACT CAR SPACE
8'X16'MINIMUM l.
.t
Figure 7'302: Parking Space Dimensions
l. Minimum Dimensions of Loading Berths.
The minimum dimension of any loading berth shall be "10 feet wide by 35 feet long, with a
vertical clearance of 14 feet. lf the typical size of vehicles used in connection with the
proposed use exceeds these standards, the dimensions of these berths shall be
increased.
J. Handicapped or Accessible Parking.
Accessible parking shall comply with the County's construction codes and the adopted or
most recent edition of CABO/ICC ANSI A 117.1.
K. Unobstructed Access.
Each required parking space shall have unobstructed access from a road or Alley' or from
an aisle or drive connecting with a road or Alley, except for approved residential tandem
parking.
L. Tandem Parking.
Tandem parking (a vehicle parking directly behind another) that meets the following
conditions may be applied to meet the off-street parking standards of this code:
1. The space does not impede the movement of other vehicles on the site;
2. Tandem spaces serving multi-family dwelling units are assigned to the
same dwelling unit; and
3. Valet parking shall be provided for tandem spaces serving commercial
uses.
M. Backing Onto Public Streets Prohibited'
All parking areis shall be located and designed in conjunction with a driveway. so that
vehicles eliting from a parking space shall not be required to back onto a public road.
Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back
onto a residentlial street. Vehiiles exiting from a parking space for any use may back onto
the right-of-way of an Alley adjacent to the property.
N. Access DrivewaYs.
Access driveways for required off-street parking areas shall be designed and constructed
to facilitate the ilow of traffic, provide maximum safety of traffic access and egress, and
the maximum safety of pedestrian and vehicular traffic on the site.
1. Minimum Width.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -19
a. The minimum width of the access driveway for a commercial or
industrial use shall be 12 feet for a 1-way drive and 24 teelfor a 2-
way drive.
b. The access driveway for a residential use shall be 10 feet for a 1-
way drive and 20 feet for a 2-way drive.
2. Clear Vision Area. Access driveways shall have a minimum clear vision
area as described and illustrated in section 7-303 1'
O. Parking and Loading Area Landscaping and lllumination'
Off-street parkhg and loading areas for nonresidential uses located adjacent to residential
uses or Residential Zoning Districts shall be landscaped to minimize disturbance to
residents, including installalion of perimeter landscaping, proper screening of loading
areas with opaque materials, and control of illumination.
7-303. LANDSCAPING STANDARDS.
Single-Family Dwelling Units, Accessory Dwelling Units, lndustrial Uses and all uses located fully
with-in a parcel of land in an lndustrial Zone District are exempt from this section.
A. General Standards.
1. All portions of the site where existing vegetative cover is damaged or
removed, that are not otherwise covered with new improvements, shall be
successfullyrevegetatedwithamixofnative,adaptive,anddrought-
tolerant grasses, ground covers, trees and shrubs. The density of the re-
establishLd vege[ation must be adequate to prevent soil erosion and
invasion of weeds after 1 growing season.
2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be
installed so it will not grow into any overhead utility lines. Trees and shrubs
shall not be planted within 4 feet of existing overhead or underground lines
B. Multi-Family DeveloPment.
Lots in a Residentijl Zone District that contain multi-family dwellings shall be landscaped
in the areas not covered by impervious materials'
C. Subdivision, PUD, and Rural Land Development Exemption.
Landscaping in a residential Subdivision, Planned unit Development, or Rural Land
Development Exemption shall be consistent with the character of the development, the
unique ecosystem, and specific environment in which the development is located.
D. Plants Compatible with Local Conditions'
All plants used for landscaping shall be compatible with the local climate and the soils,
drainage, and water conditions of the site. When planting occurs on hillsides, Slopes,
drainage ways, or similar natural areas, plant material should duplicate adjacent plant
communities both in species composition and special distribution patterns. Whenever
possible, drought-resistant varieties of plant materials shall be utilized. Xeriscape design
principles and the use of native plant species shall be used when appropriate.
E. Existing Vegetation.
Healthy trees, native vegetation, natural or significant rock outcroppings, and other
valuable features shall be preserved and integrated within planting areas.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
F. Minimum Size.
To ensure healthy plant materials are installed in new development, trees and shrubs shall
comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article
26.
3.
4.
Deciduous Trees. Deciduous trees shall be a minimum of 1-112 inches in
caliper, measured at a point 4 inches above the ground.
Coniferous Trees. Coniferous kees shall be a minimum of 4 feet in height'
measured from the top of the root ball to the top of the tree.
Ornamental Trees. Ornamental trees shall be a minimum of 1-112 inches
in caliper, measured at a point 4 inches above the ground.
Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time
of planting. Vines shall be in a minimum 1 gallon container.
Fiqure 7-303 A: Clear Vision Area Space
6.
G. Minimum Number of Trees and Shrubs.
Trees and shrubs must be grouped in strategic areas and not spread thinly around the
site. Where screening is required, plant materials must be sufficient to create a semi-
opaque wall of plant material between the property and the adjoining area to be screened.
H. Parking and Storage Prohibited'
Areas required as landscaping Shall not be used for parking' outdoor storage, and similar
uses, bui may be used for snow storage if designed in compliance with section 7-305,
Snow Storage Standards.
l. Clear Vision Area.
A Clear Vision Area is the area formed by the intersection of the driveway centerline road
right-of-way, the other road righlof-way line, and a straight line joining said lines through
plints ZO teet from their intersection as illustrated in Figure 7-303.4. Within a Clear Vision
Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions
or blind corners at intersections as illustrated in Figure 7-303.B'
GARFIELD COUNTY LAND USE AND OEVELOPMENT CODE
s
d{
.,--,J,*-;
J.
Figure 7-303 B; Plant Material in a Clear Vision Area'
Landscaping Within Off'Street Parking Areas.
1. Ali off-street parking areas containing 15 or more spaces shall provide
landscape buffers when adjacent to a public road. Landscape buffers may
be achieved through the use of earthen berms, shrubs, trees, or other
appropriate materirls to effectively screen the parking area from the right-
of-way.
2. lnterior Parking Areas. Planting shall be established to break up the interior
of all parking ireas. Landscape planting islands shall be a minimum of 8
feet in width, as shown in Figure 7-303.C, to ensure adequate room for
planting.
Figure 7-303 C: Planting Strip
7.304. LIGHTING $TANDARDS.
Any exterior lighting shall meet the following conditions:
A. Downcast Lighting.
Exterior lighting shalibe designed so that light is directed inward, towards the interior ol
the Subdivision or site.
BzII
6
z
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
B. Shielded Lighting.
Exterior lighting shail be fully shielded or arranged in a manner so that concentrated rays
of light will not shine directly onto other properties.
C. Hazardous Lighting.
The direct or reflected light from any light source shall not create a traffic hazard. Colored
lights shall not be used in such a way as to be confused or construed as traffic control
devices.
D. Flashing Lights.
Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light
intensity, brightness, or color, shall be prohibited in all zone districts.
E. Height Limitations.
Light sources which exceed 40 feet in height shall not be permitted except for temporary
holiday displays or as required by local, State or Federal regulations.
7-305. SNOW STORAGE STANDARDS.
All residential uses except for multi-family are exempt from this section, unless the residential use
includes a common outdoor parking area.
A. Minimum Area.
A designated area sufficient to store snow from the entire parking area shall be provided.
As a general guideline, and considering the varying elevations and snovufall amounts
throughout thebounty, it is anticipated that a minimum area equivalent to 2.5% of the total
area 6f the required off-street parking and loading area, including access drives, shall be
designated to serve as a snow storage area.
B. Storage in Parking Spaces Prohibited.
Required off-street parking and loading areas shall not be used for snow storage.
C. Storage in Yards and Open Space Permitted.
Snow stored in a yard or Open Space shall not be located in a manner that restricts access
or circulation, or obstructs the view of motorists.
D. Storage on Public Roadways Prohibited.
Public roads shall not be used for snow storage.
E. Drainage.
Adequate drainage shall be provided for the snow storage area to accommodate snowmelt
and to ensure it does not drain onto adjacent property.
7.306, TRAIL AND WALI(WAY STANDARDS.
A. Recreational and Gommunity Facility Access.
A multi-modal connection, such as a trail or sidewalk, shall be provided in a development
where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities
are feasible.
1. Trail Dedication Standards. Trail rights-of-way for dedicated park lands
and Open Space shall conform to the following criteria:
a. The land required for trails or walkways shall be set aside as an
easement or separate fee interest.
b. All easements for trails and walkways will be dedicated to the
public.
c. The width of the easement shall be adequate to handle the
proposed use based on the particular reasonable needs of the trail,
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-23
its location, the surrounding terrain, and the anticipated usage The
minimum width for the trail easement shall be B feet'
d. Public access to the trail shall be provided within the subject
property.
e. Any easement may overlap and include property previously
included in other easements, such as ditch, canal, utility and
Conservation Easements, and public or private open space'
However, the trail easement shall not compromise the functional
use of anY other easement.
B. Safety.
Special struciures and/or traffic control devices may be required at road crossings to avoid
unsafe road crossings.
C. Maintenance.
Suitable provisions for maintenance of trail and walkway systems shall be established
through a perpetual association, corporation, or other means acceptable to the county.
The following standards apply to all divisions of land unless elsewhere in this Code a division of
land is explicitly exempt from 1 or more standards.
7.401. GENERAL SUBDIVISION STANDARDS.
A. Maintenance of Common Facilities.
Maintenance of common facilities must be accomplished either through covenants of a
homeowners association, a separate maintenance agreement, or some other perpetual
agreement.
B. Domestic Animal Control.
ln each residential unit within the Subdivision, domestic animals shall be confined within
the owner's property boundaries and kept under control when not on the property. This
requirementior'domestic animal control shall be included in the protective covenants for
the Subdivision, with enforcement provisions acceptable to the County'
C. Fireplaces.
Any new soiid-fuel burning stove, as defined by C.R.S. S 25-7-401 , et seq., shall be limited
to i per lot within a Subdivision. Open hearth, solid-fuel fireplaces shall be prohibited. All
dwetling units shall be allowed natural gas burning stoves and appliances'
D. Development in the FloodPlain.
1. All Subdivision proposats shall be reasonably safe from flooding. lf a
subdivision or other development proposal is in a flood-prone area, the
proposal shall minimize flood damage.
2. BFE data shall be generated by the Applicant for Subdivision proposals
and other proposed development which are greater than 50 lots or 5 acres,
whichever is less.
3. All Subdivision proposals, including the placement of Manufactured Home
Parks, shall have adequate drainage provided to reduce exposure to flood
hazards.
4. All Subdivision proposals, including the placement of Manufactured Home
Parks and Subdivisions, shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to
minimize or eliminate flood damage.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-24
7-402. SUBDIVISION LOTS.
All lots in any Subdivision shall conform to the following specifications:
A. Lots Conform to Gode.
Lot area, width, frontage, depth, shape, location, and orientation shall conform to the
applicable zone district iequirements and other appropriate provisions of this Code.
1. The Lot Size may be increased for lots developed in areas posing a
-potentialhazard
to health or safety due to soil conditions or geology'
l-2. Lot characteristics shall be appropriate for the location of the development
and the tYPe of use allowed'
a. Depth and width of lots shall be adequate to provide for the required
off-street parking and loading facilities required by the type of use
and development contemPlated.
b. The width of residential corner lots shall be sufficient to
accommodate the required building setback from both roads'
3. Lots sized less than one acre - Oriqinal and undisturbed Slope in excess
minimum lots area requirements will be met.
B. Side Lot Line Alignment.
Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines.
C. LotsConfiguration,Cul-de'Sacs.
Wedge-shaped loti or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width
at the front Property line.
D. Lot Division by Boundaries, Roads, or Easements Prohibited.
No lots shall be divided by municipal boundaries, County roads or public rights-of-way.
7.403. SURVEY MONUMENTS.
permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. $$ 3B-51-
104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 1B inches or
longer in length, shall be set at alilot corners. The registration number of the responsible land
su.eyor shail be fixed securely to the top of all monuments, markers, and benchmarks.
A. Monuments Located Within Streets.
Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length,
placed so that their tops are 6 inches below the final street surface. When a street is
paved or otherwise surfaced, all such monuments within the paved or surfaced area shall
be fitted with monument boxes of sturdy construction. Monuments set after paving or
surfacing shall also be provided with sturdy monument boxes.
B. Setting by Standard Construction Techniques.
All monuments, markers, and benchmarks shall be set or witnessed according to standard
construction techniques and in a fashion that is satisfactory to the BOCC'
Formatted: Indent: Left: 1.5", No bullets or numbering
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
7"{04. SCHOOL LAND DEDICATION.
A. General.
The BOCC shall require reservation, dedication, or payment in lieu for school land. The
BOCC may require payment of a sum of money not exceeding the fair market value of
such sites and land areas, or a combination of land dedication and payment in lieu of
dedication.
B. Amount ofSchool Land Dedicated.
The proportion of land to be reserved or dedicated for school land shall be based upon
the size, location, and characteristics of the proposed Subdivision, the current and likely
future uses of the surrounding area, and the impact of the Subdivision on public services
and facilities. The amount of land dedicated for public purposes shall be roughly
proportionate to the impacts of the Subdivision.
1. Property Within RE-l School District. For all property located in the RE-1
School District, the subdivision of land for residential use shall include
reservation and dedication of sites and land areas for schools determined
in accordance with the following calculations:
2. Land Dedication Standard.
a. Application of the formula for land dedication standard described
below results in the following land dedication standards:
(1) Single Family: 870 square feet per unit, or.020 acres.
(21 Multi-Family: 675 square feet per unit, or .015 acres.
(3) Manufactured Home: 1,261 square feet per unit, or .029
acres.
b. lf dedication of all or portions of the required school lands is not
deemed feasible or in the public interest, the school district may
recommend to the BOCC 1 of the following options:
(1) Guarantee of future land dedication. The Applicant shall
submit a letter guaranteeing future dedication of land for
school sites and proposing a method of guarantee
acceptable to the BOCC or the receiving agency.
(2) The Applicant provide cash-in-lieu of lands in accordance
with the provisions of section 7-404.C.
3. Final Plat Requirements.
a. All dedicated lands shall be designated on the Final Plat and
deeded to Garfield County or the appropriate agency at the time of
recordation of the Final Plat.
b. Title insurance, provided by a title insurance company authorized
to do business in the State of Colorado and acceptable to the
BOCC, shall be required at the time of recordation of the Final Plat.
c. A certificate of representations and warranties concerning title and
usability of the property, in a form acceptable to the BOCC, shall be
required at the time of recordation of the Final Plat.
4. Formula for Land Dedication Standard.
Land Area Provided Per Student x
Students Generated Per Dwelling Unit =
Land Dedication Standard.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
Land Area Provided Per Student. The district has determined that
1,776 square feet of land per student shall be provided for future
school sites, based on Table 7-404.
Students Generated Per Dwelling Unit. The number of students
generated per type of dwelling unit shall be based on the following:
(1) Single Family 0.49
l2l Multi-Family 0.38
(3) Manufactured Home 0.71
C. Payment-ln-Lieu of Dedication of School Land.
Based upon recommendation from the potential receiving body, the Bocc may accept a
cash payment from the Applicant in lieu of dedicated land ("Payment"), in whole or part.
1. Property Not Within RE-"| School District. For all property not located in
the RE_i Schoot District, the Appticant wi1 pay $200 per dwelling unit to the
appropriate school district, unless previous agreements have been made
between the Applicant and the school district to pay for school impacts'
2. Property Within RE-1 School District' Payment shall be based on the
unimproved fair market value of the land.
a. Not to Exceed Market Value. Payment shall not exceed the current
market value of the land that would have been dedicated to the
County or other public entity. lf a combination of land dedication
and payment is applied, the combination of both land dedication
and payment shall not exceed the fair market value of the total
required dedication of sites and land areas
b. Minimum Payment. Minimum payment shall be $500'00 for any
required dedication.
c. Payment for Schools. Based upon the RE-1 School District's
recommendation, the BOCC can require a cash payment-inlieu of
dedicating land, or a cash payment in combination with a land
dedication, to comply with the requirements for public sites and
OPen SPace set forth in this Code'
3. Formula for PaYment.
Unimproved Per Acre Market Value of Land x
Land Dedication Standard x
Number of Units =
a.
b.
f. S-*d on th. Guide for Planning Educational Facilities, council of Education Facility Planners
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
a. Unimproved Market Value of Land. Unimproved market value of
the land shall be determined by an appraisal performed within the
last 6 months for the Applicant, by an individual qualified in the State
of Colorado to establish the unimproved market value of the
property just prior to the approval of a Final Plat. Any dispute of the
market value would be based upon a separate appraisal by an
individual qualified in the State of Colorado to establish the value,
which shall be paid for by the school district. ln the event the school
district declines to conduct a separate appraisal' the Applicant's
appraisal will be used.
b. Land Dedication Standard. The land dedication standard set forth
in section 7-404.8.
c. Number of Units. The number of dwelling units proposed'
4. payments Held in Escrow. Payments received by the BOCC shall be held
in an escrow account by the County for the purposes allowed by C'R'S'
s 30-28-1 33.
5.ReleaseofLandorPayment.AfterFinalPlatapprova|andreceiptof
dedications, the BOCC shall give written notification to the appropriate
receiving bodY.
a. Following notice by the BOCC, the receiving body may request the
dedication, and the BOCC shall transfer the lands to the appropriate
receiving body.
b. Funds may be released to the appropriate receiving body if the
BOCC finds that the proposed use of funds is compatible with the
intent of the payment or sale of the land
c. The County shall retain a reasonable management fee for the
holding and maintenance of escrow accounts for payments,
provided that the management fee does not exceed the amount of
interest generated by the account.
7.405. TRAFFIC IMPACT FEES,
A. General Requirements.
1. Off-siie road impacts shall be evaluated for Subdivisions through
completion of a Traffic Study identifying the volume of traffic generated
from the development, based on Trip Generation rate calculations utilizing
the most current lnstitute of Traffic Engineers, Trip Generation Manual, to
establish an Average Daily Traffic (ADT). The road impact fee shall be
determined by using the capital improvements plan and the associated
road imPact fee requirements.
2. 50% of the road impact fees shall be collected at the Final Plat for a
Subdivision, if the affected County road project is scheduled to start within
5 years in a capital improvements plan adopted by the BOCC' All other
road impact fees will be collected at the issuance of a Building Permit.
3. Any road impact fees collected will be put into a separate interestbearing
account in the County Treasurer's Office for each road that impact fees are
collected. All fees collected and interest accrued must be spent on capital
improvements to the specific road for which the fees were collected within
20 years of the date that the fee is established. All capital expenditures
must be consistent with the capital improvements plan used as a basis for
establishing the fee. lf, after 20 years, the fees collected have not been
spent in accordance with the capital improvements plan ut'd t9 u"tllitl
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-28
the fee, all fees will be returned to the land owner of the property assessed
an impact fee, with interest accrued.
To the extent the County has expended funds consistent with a capital
improvements plan for a particular road and a property owner has not paid
a road impact fee as required for a Building Permit that establishes
additional ADT, the impact fee shall be collected at the time a Building
Permit is issued to recoup the expenditure. Any fees collected after the
completion of an identified road project will be credited to the appropriate
project and will be used to reimburse the County for the funds advanced to
complete the project.
The County may use road impact fees for a specific road improvement
identified as a critical facility with a high priority for health and safety
reasons in a capital improvements plan adopted by the BOCC, in advance
of the completion of the entire road improvement project. Any such use of
funds must be consistent with the basis for the impact fee. lf, after the use
of road impact fees for a critical facility road improvement, the County fails
to complete the entire project identified in the capital improvements plan
within the 2l-year period of collection, the proportionate share, with
interest, will be returned to the owner of the property subject to the impact
fee based on the actual amount of the expenditures made on a particular
road system.
As a part of the capital improvements plan, the BOCC may determine that
certain portions of the road improvements to a road are critical to complete
before there are any additional traffic generating uses added to the road
lf a development is proposed before the County has scheduled to make the
necessary improvements identified in the capital improvements plan, the
developer may be allowed to pay the total cost of the needed improvements
prior to the County's schedule. The County will reimburse the portion of
the cost that exceeds the amount that would be applicable for road impact
fees, plus interest, by the time the project had originally been scheduled to
be completed. lf the BOCC has not established a base road cost per ADT
for the area in question, the Applicant will not be obligated to provide an
analysis of the off-site road impacts.
A. Density.
For the purposes of this Code, densities proposed in either the Density Neutral
Development Plan or the lncreased Density Development Plan shall be determined by the
maximum of lots that can practicably be created within the confines of the minimum Lot
Size of the underlying zone district for a particular parcel of land as demonstrated in the
Yield Plan.
4.
6.
GARFIELO COUNIY LAND USE AND DEVELOPMENT CODE 7-29
1.Density Neutral Development Plan (DNDP)' The DNDP allows a
development plan to propose the same maximum number of lots allowed
in the underlying zone district for a parcel as defined in a Yield Plan except
that the plan may reduce the Lot Size for individual lots below the minimum
Lot Size contemplated in the underlying zone district. All setbacks for the
underlying zone district shall be maintained for all proposed lots This
allows forthe density established in the Yield Plan to be transferred in the
form of smaller lots to a portion of the same parcel leaving the remainder
of the parcel as Open Space. There are no bonus lots available under this
option.
Figure 7-501: This illustration provides an example of a DNDP where the lots achieved in the
yi6ta ptan on the left have been reduced in size and clustered into pods in the plan on the
right. There is no net increase iri density.
2. lncreased Density Development Plan (IDDP). The IDDP allows a
development plan to propose an increase in the number of residential lots
as contemplated in the underlying zoning district (determined in a Yield
Plan), as well as reducing the minimum Lot Size from what is currently
allowed in the underlying zone district. All setbacks for the underlying zone
district shall be maintained for all proposed lots. Any increase in density
(also referred to as bonus lots) is a function of the percentage of Open
Space proposed in a development plan. More specifically, as the amo.unt
oi proposed Open Space increases, so does the percentage of bonus lots
awarded. The percentage of Open Space proposed in a development plan
is multiplied by 0.5, which results in the percentage increase in the number
of lots configured in the Yield Plan. The calculation is figured in the
following way:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-30
Table 1.0
For example, if a Yield Plan indicates a total of 38 lots are possible on a
parcel and a developer proposes to convert 40% of the parcel into Open
Space, the conversion calculation will show that 50% of that percentage is
20%, which represents a 17% increase in the number of lots attainable in
the Yield Plan for a total of 45.6 lots or 7.6 bonus lots as shown in Table
2.0. For bonus lots that result in a fraction, they are to be rounded such
that if a number is 5.5, it will be rounded up to 6.
3. Residential Lot Design. The proposed lot layout shall locate the proposed
residential lots such ihat they are clustered together in specific areas of the
parcel.Theremaybemorethanlseparatepodofclusteredlotslocated
ihroughout the parcel. A design that provides for a majority of lots being
directly adjacent to open space is encouraged. Not all residential lots can
contain site constraints identified in the Land Suitability Analysis such as
steep Slopes, Wetlands, etc. While there is no minimum Lot Size
requirement, all lots shall show the proposed lot area and setbacks on each
lot.
4. lnfrastructure and Project Location.
a. All Conservation Subdivision proposals, containing 15 or more
dwelling units or that have lots 1 acre or less in size shall be
required to provide centralized water and sewer systems through
either a special district or municipal service. .
b. All Conservation Subdivision designs containing fewer than 15
dwelling units or that propose lots less than 2 acres but greater than
1 acre in size and utilize OWTS, shall be required to provide a
Central Water System. OWTS leach fields and well systems may
be located in land designated as Open Space.
B. Open Space Plan Standards.
Open Space shall be defined as a parcel of land, an area of water, or a combination of
tanO anb water within a development designed and intended primarily for the use or
enjoyment of residents, occupants, and owners within that development. For purposes of
thii bode, Open Space may include areas of land and water that exist in a natural
undeveloped state and are intended to preserve natural areas, environmentally sensitive
resources, and existing wildlife habitat. ln designing a Conservation Subdivision, the
Open Space:
1. Shall be designed as large contiguous tracts where small "islands" of Open
Space are discouraged.
2. Shall be designed to connect to available existing Open Space on
neighboring properties or tracts of public lands in order to create larger
regional tracts of contiguous Open Space.
7-31
% of Open
Space (.5)lncrease x
Lots in
Yield
Plan
# Bonus
Lots +
Lots
in
Yield
Plan
Total Lots Available
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
3.
4.
Shall be designed to protect and not detract from existing wildlife habitat
and natural features of the land, such as steep Slopes' Riparian Areas,
Should, to the extent practical, preserve the historic rural character of the
parcel that includes preserving existing natural land features that buffer the
property from adjacent developments and external roads' ridgelines, and
view sheds.
May be improved to support passive and active recreation uses such as
trail systems, tot lots, community greens, and ball fields.
May be used for agricultural uses including grazing' irrigated pasture land,
and cultivated dryland crop farming in tracts of land that are intended to
perform as viable agricultural units.
Shall not be a yard within a boundary of a residential lot.
Shall not be reserved for any other type of use
6.
7.
8.
A. Facility.
All facilities shall have a minimum of 35 acres of land and animals shall be contained on
the property.
B. Noise.
No noise shall emanate from the property boundary in excess of the Residential Zone
District standards contained in c.R.s. s 25-12-103, except as permitted by c.R.s. s 25-
12-103(2\ and (3).
C. On-site Wastewater Treatment System Required.
OWTS shall be capable of handling all feces and urine waste from the Kennel or building
in which animals are kept, or the feces and urine waste shall be stored in a sealed
container capable of being pumped for disposal by a commercial hauler to dispose of such
waste at an approved Solid Waste Disposal Site.
D. Drainage lmPacts.
Any fenced corrals or pastures for keeping animals will be required to demonstrate that
drainage will not affect off-site water supplies or water quality.
7.602. ANIMAL PROCESSING,
All facilities shall be in compliance with USDA, CDPHE, and any other Federal, State, and local
regulations.
7.603. KENNELS.
These standards apply to both Small and Large Kennels.
A. Enclosed Building and Noise Prevention.
All Kennels shall be completely enclosed within a building, however, a Kennel may have
dogs outdoors if the noise from the Kennel does not exceed the noise standards pursuant
to iection 7-603.8. and complies with other Garfield County regulations as provided.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-32
B. Noise.
No noise shall emanate from the property boundary in excess of the Residential Zone
District standards contained in c.R.S. S 25-12-103, except as permitted by c.R.S. S 25-
12-103(2) and (3).
C. Waste and Sewage Disposal System.
1. Liquid and solid waste, as defined in the Solid Waste Disposal Sites and
Facilities Act, C.R.S. s 30.20-100'5, shall be disposed of with either an
OWTS or shall be stored and removed for final disposal in a manner that
protects against nuisance and surface and groundwater contamination.
2. All other waste shall be removed from the site by a commercial hauler to
an approved Solid Waste Disposal Site.
D. State Licensing Required.
All Kennels shall be required to provide the BOCC with a copy of the license issued by the
State Department of Agriculture.
7.604. VETERINARY CLINIG.
No noise shall emanate from the property boundary in excess of the Residential Zone District
standards contained in c.R.S. s 25-12-103, except as permitted by c.R.S. $ 25-12-103(2) and
(3).
A. Maximum Floor Area.
The Floor Area of an ADU shall not exceed 1,500 square feet for a lot less than 4 acres.
The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater.
B. OwnershiP Restriction.
An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home
Office/Business use only.
C. Compliance with Building Code.
Constructionshall comply with the standards set forth in this Code and with Building Code
requirements.
D. Minimum Lot Area.
The minimum Lot Size for an ADU is either:
1. 2 acres, or
2. For lots in zone districts with a minimum Lot size of less than 2 acres, the
minimum Lot Size is twice the minimum required Lot Size.
E. Entrance to Dwelling Unit.
A separate entrance to the Accessory Dwelling Unit is required.
F. One per Lot.
one Accessory Dwelling unit which is subordinate to a single-Unit (primary) dwelling unit
is allowed per legal lot.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
7-702. HOME OFFICE/BUSINESS.
A. Activities lncidental and Secondary.
The residence of the person(s) conducting the Home Office/Business and all Home
Office/Business activities, shall remain incidental and secondary to the use of the property
for residential purposes. Child day care that takes place in a home is not considered, for
the purposes of this Code, a Home Office/Business.
,1. The amount of space used for the Home Office/Business activity, including
any storage, shall not exceed25ok of the total amount of Floor Area and
uniinished Basement, garages and storage areas, in which the business is
oPerating.
2. The use shall not have the appearance of a commercial use'
B. Activity Contained.
The activity shall be contained within a building.
C. Provision of Mandatory Parking Spaces.
The location of the Home Office/Business shalt not interfere with the provision of
mandatory parking spaces for that property.
D. Activities Conducted by Resident.
All Home Office/Business activities must be conducted by the person(s) who reside at the
location. The activity may be supported by no more than 1 person living off site, such as
an employee, independent contractor, officer, agent, partner, volunteer, or any person
serving in any other capacity for the benefit of the Home Office/Business'
E. Disturbances.
The Home Office/Business activity shall not result in any noise, fumes, dust, electrical
disturbance, or traffic reasonably objectionable to an Adjacent Property owner.
F. Display of Goods and Retail Sales.
No Home Office/Business activity may include any window or outdoor display of goods,
any stock in trade, or any other commodities.
G. Signage.
There shall be no signs advertising a Home Office/Business.
7.703. MANUFACTURED HOME PARK.
A. Park Layout.
The layout of Manufactured Home Spaces shall follow variations in natural terrain and
preserve unique natural features of the site, such as tree stands, water courses, and rock
outcrops, to the extent practicable and feasible.
1. Where sites are flat and have few distinguishing features, a curvilinear or
clustered pattern for the Manufactured Home Spaces is encouraged'
2. lnterspersing Open Spaces is encouraged.
B. Foundation and Anchors'
1. Each Manufactured Home Space shall be improved to include a
permanent, engineered foundation adequate for the placement and
anchoring of a Manufactured Home in compliance with the Building Code.
2. The foundation shall be constructed and approved by the Building Official
prior to delivery of the Manufactured Home to the site.
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE 7-34
Landscaping.
1. The operator/owner shall be responsible for installation and maintenance
of landscaping in the park in accordance with the County-approved
Landscape Plan.
2. Additional landscaping may be required to provide screening or buffering
and to soften the visual appearance of a Manufactured Home Park.
D. Certification of Manufactured Homes.
All Manufactured Homes placed in or relocated to a Manufactured Home Park after
adoption of this Code shall meet the following certification requirements:
The Manufactured Home shall have certification pursuant to the "National
Manufactured Housing Construction and Safety Standards Act of 1974" (42
U.S.C.5401, ef seg.).
Manufactured Homes first occupied in the County after January 1, 1973'
shall have affixed a data plate and heating certificate stating compliance
with the following standards:
The home is designed to comply with Federal mobile or
Manufactured Home construction and safety standards in force at
the time of manufacture;
b. The home is designed for Colorado structural and wind zone
requirements;
c. The home is designed for Colorado outdoor winter design
temperature zones; and
The heating equipment installed in the home has capacity to
maintain an average 70" F temperature inside the home with an
outdoor temperature of -20" F.
7.704. GROUP HOME FACILITIES.
A. Required Permits'
All applicable Federal, state, and local permits shall be obtained and maintained.
B. Location Restrictions.
1. proximity to Other Group Homes. Location shall not create a concentration
of group homes in a neighborhood. A Group Home Facility shall not be
located within 300 feet of another Group Home Facility' The County may
permit 2 such facilities to be located closer than 300 feet apart if they are
separated by a physical barrier such as an arterial collector, a commercial
district, or a topographic feature.
2. Health, Safety, and Welfare of the Community. The location and operation
of the Group Home Facility does not constitute a direct threat to the health,
safety, or welfare of the community.
Overnight Shelter.
1. On-Site Staffing. No facility shall be open for use by clients unless there is
staff on site to supervise and oversee the clients.
Waiting Areas. The facility shall provide an indoor or outdoor waiting area
in a size adequate to prevent the anticipated number of clients from
queuing into or otherwise waiting in the public right-of-way.
c.
1.
2.
2.
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE
D. Short'Term Care FacilitY.
1. Maximum Occupincy. For shortterm care facilities that operate with
sleeping rooms or with open-air dormitory-type sleeping areas' the
following occupancy standards shall apply:
a' Residential Districts. For a Residential zoning District, the
maximum number of residents of the facility shall not exceed 6
persons for each dwelling unit.
b.CommercialDistricts.ForaCommercialZoningDistrict'the
maximum number of residents of the facility shall not exceed 6
persons for each dwelling unit. Up to 2 additional persons per
dwelling unit equivalents may be permitted if the property is not
adjacent to a Residential Zoning District.
2. calculating occupancy. The maximum occupancy for a facility shall be
calculatedbysummingthenumberofoccupantsofthefacility'the
occupants of any overnight shelter uses and any Transitional Housing uses
that are located on the ProPertY.
E. Transitional Housing.
The maximum number of dwelling units for Transitional Housing shall be the density
permitted within the applicable zone district. For Transitional Housing within an lndustrial
Zone District, the number of dwelling units permitted shall not exceed 1 dwelling unit for
each 1,600 square feet of Lot area on the slte'
7.705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR.
A. Adequate Site Plan.
The Temporary Employee Housing Operator shall provide to the Sheriffs Office and the
relevant fire protection district a detailed map and GPS coordinates that are sufficient for
emergency response purposes, including:
'|. Location of the Temporary Employee Housing site;
2. Private and public roadways accessing the site, marked as open, gated
and/or locked; and
3. Detailed directions to the site from a major public right-of-way'
4. The map is subject to approval by the Sheriffs Office and fire protection
district.
B. Water Systems.
1. Water systems must comply with all applicable State and local laws and
regulations'
Z. All potable water systems must include a meter and the Operator must
keeP a record of the daily usage.
3. For sites to which potable water is hauled, Operators shall:
a. Keep appropriate records, to be provided to the County upon
request, to demonstrate that water supplied to a site is from an
approved source and that wastewater is disposed at an approved
facility.
b. For water facilities not permitted by the CDPHE, the Operator must
conduct monthly tests (or quarterly if an on-site disinfection system
is installed) and maintain records of potable water samples specific
for coli form. Any tests indicating coli form contamination must be
disclosed to the County Public Health Department.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-36
c. Water systems facilities permitted by the CDPHE must obtain all
necessary State permits or demonstrate that applications for any
necessary permits have been submitted prior to a determination by
the County that an application is complete'
d. Maintain compliance with State regulations at all times during
oPeration.
4, ln no case shall unsafe water be used for drinking nor shall raw sewage or
used water be discharged onto the ground surface.
C. Wastewater Systems.,1, Wastewater SyStemS must comply with all applicable State and local laws
and regulations.
2. wastewater may be disposed of using either an owTS or a vaulLand-haul
system. A vaulland-haul system must demonstrate the following:
a.Year-roundaccessisavailableandmaintainedforsafeandregular
access for sewage hauling vehicles;
b. The Operator can demonstrate and guarantee an arrangement for
hauling sewage;
c. The Operator will maintain all records, including but not limited to'
trip logs/reports and landfill receipts;
d. The sewage disposal records will be maintained as public records
to be available to the County upon request;
e. The facility will not exceed a cumulative of 1 year at the approved
location; and
f. The facility has been designed to accommodate 75 gallons of
wastewater per person per day or an amount derived from
engineered calculations taken from metered usage rates at a similar
facitity that has been reviewed and approved by the County'
D. lnhabitants.
lnhabitants of the Major Facility shall be Temporary Employee Housing operator's
employees and/or subcontragtors, working on the related construction or mineral
extiaciion operation, and not dependents of employees, guests, or other family members.
E. Glean, Safe, and Sanitary Condition.
Major Facilities shall be maintained in a clean, safe, and sanitary condition,-free of weeds
and refuse. Any hazardous or noxious materials that must be stored on site for operational
or security rea;ons must be managed in accordance with all applicable Federal, State,
and local laws and regulations.
F. Fire Protection General Requirements.
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district'
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
G. Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash' Outdoor food storage is
prohibited unless facilities are provided that prevent the attraction of animals to the Major
Facility site.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-37
H. Notification of Site Development.
lf the county grants a Land use change Permit for a Major Temporary EmployeeHousing
Facility, the Operator shall notify the County when site development begins' The Operator
shall verify in writing, including submission of a Site Plan and photo documentation, that
the site, water system, and sewage disposal system were designed, installed, and
inspected in accoidance with the Land Use Change Permit and comply with all applicable
regulations, permits, and conditions. All written documentation and Site Plans verifying
coinpliance must be stamped by a qualified professional engineer. The County also
reserves the right to inspect a site, without notice, to assess compliance with County
approvals. A determination of noncompliance with any Land Use Change Permit, or
"bnOition
of approval thereof, is grounds for revocation or suspension of said permit'
l. No Domestic Animals Allowed.
Domestic animals are Prohibited.
J. Reclamation and Revegetation Plan.
Atthe expiration of the permit, the lands shall be restored and all housing structures and
associated infrastructure shall be removed. The Operator shall submit as part of the Site
Plan for the Major Temporary Employee Housing Facility, a Reclamation and
Revegetation Plan authorized by the landowner for each specific site'
1. Debris and waste materials shall be removed including, but not limited to,
structures, concrete, footings, sewage disposal and water storage systems
and related infrastructure, plastic, sand or gravel, pipe' and cable' All pits,
cellars, and other holes will be backfilled to conform to sunounding terrain
aSsoonaspossibleafterallequipmentisremoved.Allaccessroadsto
the site and associated facilities shall be closed, graded, and recontoured.
culverts and any other obstructions that were part of the access road(s)
shall be removeA. Upon closure of a camp facility, wastewater tanks shall
becompletelypumpedoutandeithercrushedinplace,puncturedandfilled
with inert m-aieriai, or removed. Any waste material pumped from a
wastewater tank or waste debris from tank removal must be disposed of at
an approved facility that is permitted by CDPHE and/or the County to
receive said wastes.
2. Materials may not be burned or buried on the premises. All disturbed areas
affected by Major Temporary Employee Housing Facilities or subsequent
operations shalt be reclaimed as early and as nearly as practicable to their
oiiginal condition and shall be maintained to control dust, weeds, and
minimize erosion. As to crop lands, if subsidence occurs in such areas
additional topsoil shall be added to the depression and the land shall be re-
leveled as ciose to its original contour as practicable. Reclamation shall
occur no later than 3 months after the Land use change Permit expires or
isrevokedUnlesstheDirectorextendsthetimeperiodbecauseof
conditions outside the control of the Operator.
3. All areas compacted by Major Temporary Employee Housing Facilities and
subsequent operations shall be cross-ripped' On crop land, such
compaction alieviation operations shall be undertaken when the soil
moistureatthetimeofrippingisbelow35%offieldcapacity.Rippingshall
be undertaken to a depth of 18 inches unless and to the extent bed rock is
encountered at a shallower dePth.
4. When a Major Temporary Employee Housing Facility is removed, all
disturbed areas will be restored and revegetated as soon as practicable.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-38
For disturbed areas not regulated by the COGCC, the following regulations
apply:
a.
b.
Revegetation of Crop Lands. All segregated soil horizons removed
from crop lands shall be replaced to their original relative positions
and contour, and shall be tilled adequately to reestablish a proper
seedbed. The area shall be treated if necessary and practicable to
prevent invasion of undesirable species and noxious weeds, and to
control erosion. Any perennial forage crops that were present
before disturbance shall be reestablished.
Revegetation of Noncrop Lands. All segregated soil horizons
removed from noncrop lands shall be replaced to their original
relative positions and contoured as near as practicable to achieve
erosion control and long-term stability, and shall be tilled adequately
in order to establish a proper seedbed. The disturbed area then
shall be reseeded in the first favorable season' Reseeding with
species consistent with the adjacent plant community is
encouraged. ln the absence of an agreement between the
Operator and the affected surface owner as to what seed mix
should be used, the Operator shall consult with a representative of
the local soil conservation district to determine the proper seed mix
to use in revegetating the disturbed area.
Noxious Weeds. During occupation and reclamation operations, all
disturbed areas shall be kept free of Garfield County and State of
Colorado List A and B noxious weeds.
c.
5.Successful reclamation of the site and access road will be considered
completed when:
b.
On crop land, reclamation has been performed as pursuant to
section 7-705.J.4.a. and observation by the County Vegetation
Manager over 2 growing seasons has indicated no significant
unrestored subsidence.
On noncrop land, reclamation has been performed pursuant to
section 7-705.J.4.b. and the total cover of live perennial vegetation,
excluding noxious weeds, provides sufficient soils erosion control
as determined by the County Vegetation Manager through a visual
appraisal. The Director shall consider the total cover of live
perennial vegetation of adjacent or nearby undisturbed land, not
including overstory or tree canopy cover, having similar soils, slope,
and aspect of the reclaimed area.
A final reclamation inspection has been completed by the County
Vegetation Manager, there are no outstanding compliance issues
relating to the County rules, regulations, orders, or permit
conditions, and the Director has notified the Operator that final
reclamation has been approved.
The Operator shall provide security for revegetation of disturbed areas in
an amount and in accordance with a plan approved by the County
Vegetation Management Department. The security shall be held by the
County until vegetation has been successfully reestablished per the
approved plan.
6.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
K. Expiration or Revocation of Land Use Change Permit.
Upon expiiation of the Land Use Change Permit, a Certificate of Occupancy shall be null
and void. Upon revocation of the Land Use Change Permit, a Certificate of Occupancy
shall be revoked.
7.706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR.
A. Federal, State, and Local Laws and Regulations.
Minor Facilities must comply with all applicable Federal, State, and local laws and
regulations.
B. Notification of Facility lnstallation and Removal'
The Sheriffs Office and relevant fire protection district(s) must be notified at least 24 hours
prior to installation and removal of each Minor Facility. The Community Development
bepartment shall be copied on all such notification, whether hard copy or electronic.
C. Water SYstems.
Water systems shall comply with standards set forth in section 7-705.8.
D. Wastewater Systems.
Wastewater systems shall comply with standards set forth in section 7-705 C'
E. Clean, Safe, and Sanitary Condition.
Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds
and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility
for operational or security reasons must be managed in accordance with all applicable
Federal, State, and local laws and regulations.
F. Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is
prohibited unless facilities are provided that prevent the attraction of anlmals to the Major
Facility site.
G. Fire Protection.
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district.
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
H. No Domestic Animals Allowed.
Domestic animals are Prohibited.
l. Removal of FacilitY.
Within 1 0 days following the expiration or other termination of the Land Use Change Permit
or represented date of removal identified within the Land Use Change Permit, all housing
struitures, foundations, and associated infrastructure shall be completely removed. The
operator shall provide the Director with photos, dated and signed by the operator's
compliance officer, indicating that all housing structures, foundations, and associated
infrastructure have been removed within the specified timeframe.
7.707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL'
A. Notification of Occupation and Removal.
Within 48 hours following occupation of the Small Facility, documentation shall be
provided to the Communit! Development Department, Sheriffs Office, and relevant fire
protection district(s) that demonstrates and certifies compliance with the following
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-40
standards. Notice shall also be provided to these entities within 48-hours following
removal of a Small FacilitY.
B. General lnformation to be Provided'
The Operator shall Provide:
'1. The location of the facility (section/township/range, relevant tax parcel
number, and GPS coordinates or latitude/longitude coordinates);
2. Relevant zone district:
3. Maximum number of occupants;
4. Cumulative amount of time that the Small Facility will be at the specified
location;
5. ldentification of the State or Federal permitting agency overseeing
reclamation, rehabilitation and revegetation of the Permitted Site and
relevant Permit number;
6. Date of installation; date of removal;
7. Name and contact information of the landowner;
8. Name and contact information of the operator's compliance officer;
9. 24-hour emergency contact information for the Operator; building
information (make, manufacture year, serial number, size (square feet));
10. The operator shall document all emergency situations requiring action by
any government agency or fire protection district, in writing, and such
documentation shall be presented to the Community Development
Department within 24 hours of the occurrence.
C. Federal, State, and Local Laws and Regulations.
Small Facilities shall comply with all applicable Federal, State (i.e. Building Codes and
electrical permits), and local laws and regulations (i.e. fire code), but are not subject to
County Building Permit.
D. Water System.
Water systems shall comply with standards set forth in section 7-705.8.
E. Wastewater Systems.
Wastewater systems shall comply with standards set forth in section 7-705.C'
F. Clean, Safe, and Sanitary Condition.
Each small Facility shall be maintained in a clean, safe, and sanitary condition, free of
weeds and refuse. Any hazardous or noxious materials that must be stored at the Small
Facility for operationai or security reasons must be managed in accordance with all
applicable Federal, State, and local laws and regulations"
G. Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is
prohibited unless facilities are provided that prevent the attraction of animals to the Major
Facility site.
H. Fire Protection.
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district'
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit'
l. No Domestic Animals Allowed.
Domestic animals are prohibited.
GARFIELD COUNTY LAND USE ANO DEVELOPMENT CODE 7-41
J. Third Party lnspection.
The Operator shali obtain a certification inspection conducted by a qualified professional
engineer. The certification shall verify that at the time of inspection the identified Small
Facility meets or exceeds the requirements of this section.
Ultralight aircraft operations shall comply with all FAA regulations.
7.802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED.
A. Refueling or Maintenance.
Refueling or maintenance of Transient Aircraft shall be prohibited unless essential to
permit th! aircraft to fly to the nearest Airport or Heliport or as a part of a fire emergency.
B. Layout Plan for Aircraft Landing Strip.
1. An Aircraft Landing Strip Layout Plan shall be sufficient to depict the Airport
Reference Code, the layout of existing and planned facilities and features,
ground contours at 10 foot intervals, the building restriction lines, the
ielationship of the Runway(s), and RPZs to the land parcel(s) on which the
Landing Strip is to be located and to adjoining land parcels
2. Approach profiles shall depict the composite profile based on the highest
terrain across the width and along the length of each RPZ. Obstacles that
penetrate the Approach Surface within an RPZ shall be shown and shall
beremovedpriortoapproval-AnyApproachSurfacealongtheextended
Runway centerline, and for 250 feet on either side, shall cross adjoining
property at an elevation of no less than 50 feet above ground level'
3. Runway profiles shall depict the proposed Runway centerline elevations
from the inner end of one RPZ to the inner end of the other' Runway
profiles not in compliance with FAA Advisory Circular 1 50/5300/13 are not
recommended'
4. The volume and location of any fuel storage facilities shall be indicated.
Fuelstorageshallbeincompliancewithlocal,State,andFederal
requirements.
C. Layout Plan for HelistoP.
1. A Helistop Layout Plan shall be sufficient to depict the design, layout of
existing and flanned facilities and features, ground contours at 1O-foot
intervals, the building restriction lines, the relationship of the Final
Approach and Takeoff Area (FATO)' the Touchdown and Lift-off Area
(TLOF), the safety area and the Approach/Departure and Transitional
Surfaces (as defined in FAA Advisory Circular 150/5390-2) to the land
parcel(s) on which the Helistop is to be located and to adjoining land
Parcels.
2. Approach profiles shall depict the composite profile based on the highest
terrain across the width and along the length of each Approach Surface for
at least the inner 1 ,000 feet. Any approach or departure surface shall cross
adjoining property at an elevation of no less than 50 feet above ground
level.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
The volume and location of any fuel storage facilities shall be indicated'
Fuel storage shall be in compliance with local, State' and Federal
requirements.
7-803. AIRPORTS AND HELIPORTS.
A. Standards for Site Selection of Airport or Heliport Location or Expansion.
Airports and Heliports shall be located or expanded in a manner that will minimize
disruption to the environment, minimize the impact on existing-community services, and
complement the economic and transportation needs of the State and the area. The
following standards shall apply to all applications proposing the location or expansion of
an Airport or HeliPort.
Airport Layout. Airports shall be developed in accordance with an FAA-
approved iayout plan, or a layout plan approved by the BOCC complying
wlin fnn Advisory Circular 150/5300-13 and the current Northwest
Mountain Region Airport Layout Plan Checklist, with the exception that
aircraft tie-down dimensions need only be sufficient to provide adequate
clearances for the aircraft to be tied down.
Heliport Layout. Heliports shall be developed in accordance with an FAA-
appioved liyout plan, or a layout plan approved by the BOCC complying
with FAA Advisory Circular 150/5390-2.
Ability to obtain Necessary Permits. The Applicant can and will obtain all
neceisary property rights, permits, approvals, and easements (including
needed [ermits/easements for fuel storage, drainage, disposal, utilities'
and avigation within Airport area of influence) prior to site disturbance
associat,ed with the proposed project' The BOCC may, at its discretion,
defer making a final decision on the application until outstanding property
rights, permits, and approvals are obtained.
conflict with Existing Easements. The location of the Airport or Heliport
site or expansion will not unduly interfere with any existing easements for
power or telephone lines, irrigation, mineral claims, or roads.
Relatlonship to Economic and Transportation Needs. The location of the
Airport or Heliport site or expansion complements the existing and
reasonably foreseeable economic and transportation needs of the State
and of the area immediately served by the Airport, particularly Mass Transit
Facilities.
Noise. The immediate and future noise levels in communities within the
Airport area of influence to be caused by the Airport location or expansion
and any anticipated future expansion will not violate any applicable local,
State, or Federal laws or regulations, provided that in any area with a
potential noise level of CNR 1 10 or more, no structure shall be allowed and
existing structures shall be relocated.
All Airport and Heliport layout plans will be reviewed for compliance with
this Code by the County's Airport design professional designee, at the
expense of the Applicant.
't.
3.
4.
7.
B. Fabrication, Service, and Repair Operations.
All Fabrication, service, and repair operations shall be conducted in compliance with
Airport Rules and Regulations.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-43
C. Storage of Materials.
All storage of materials shall be within a building or obscured by fence'
7.804. FAIJ|ILY CHILD CARE HOME AND CHILD CARE CENTER.
A. Required Permits.
Applicable local, State, and Federal permits shall be obtained and maintained.
B. Parking.
One parking s[ace is required for each employee not residing in the building used for a
Family Child Care Home or Child Care Center.
A. FCC and FAAApproval.
The Communication Facilities that are part of a broadcasting studio operation must be
approved by the FCC and FAA, including compliance with the FCC',s radio frequency
emission requirements.
B. Go-LocationCommunicationFacilities.
Co-location of Communication Facilities on site that are part of a broadcasting studio
operation is encouraged.
7-002. NURSERY/GREENHOUSE.
A. Accessory Dwelling Unit.
one Single-Family Dwelling Unit occupied by the owner, operator, or manager shall be
considered accessory to this use.
B. Storage of Materials and Equipment.
Storage of materials and equipment directly related to an on-site Nursery shall be
considered accessory to and incidental to the operations.
7.903. OPTIONAL PREMISES CULTIVATION OPERATION,
The use of land, buildings, or structures to grow, produce, cultivate, sell, dispense, distribute'
store, test, or manufacture Marijuana and/or Marijuana-infused products is not permitted
anywhere in unincorporated Garfield County, except to the extent specifically set forth in this
Code. This section will not be construed to apply to the private cultivation of Medical Marijuana
by a registered patient or primary caregiver as defined in Article XVlll, Section 14, of the Colorado
Constitution.
A. Signs.
All signage associated with a Optional Premises Cultivation Operation ('OPCO") shall be
prohibited.
B. Odor.
An Optional Premises Cultivation Operation shall not produce adverse or noxious odors
that can be detected outside of the licensed premises in which it is occurring. All
applications shall include proposed methods of odor control'
C. Visual.
All Marijuana plants, products, by-products, waste, and associated equipment identifying
the use as a Optional Premises Cultivation Operation shall be contained entirely within an
enclosed-building and shall not be visible from outside the building. Applicants must
provide an alarm lystem and security system plan for the subject building that meets State
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-44
law for buildings containing an oPCO. All processing, packaging, and business
transactions shill take place indoors and in a manner that does not disclose the identity
of the use. The facility shall be constructed in a manner that prevents any nighttime
leakage of lighting. All products being transported from the Optional Premises Cultivation
Operalion shall be wrapped or contained in such a manner that does not disclose its
contents.
D. Location.
1. An Optional Premises Cultivation Operation shall not be located closer than
1,000 feet from any of the following uses. The distance between the
Optional Premises Cultivation Operation and the neighboring land use shall
be measured as the crow flies from the nearest property line of the land
use to the nearest portion of the building in which Medical Marijuana is to
be cultivated.
a. An education facility;
b. A FamilY Child Care Home;
c. A Public Park;
d. Drug and alcohol treatment facilities ("Group Home Facility");
e. A Place of Worship; and
f. Public Building.
2.NoLandUseChangePermitshallbeissuedtoanOptionalPremises
Cultivation Operation that is connected with a Medical Marijuana Center
outside of Garfield CountY.
E. On-Site Use.
The consumption, ingestion, or inhalation of Medical Marijuana or alcohol is prohibited in
or on the premises of an Optional Premises Cultivation Operation.
F. Other ApPlicable Licenses'
prior to operating, an Optional Premises Cultivation Operation must obtain and comply
with the t,erms oI all applicable State and local licensing and present those approved
licenses to the county community Development Department and county clerk and
Recorder. An Optional Premises Cultivation Operation shall post these documents in the
premises. Optional Premises Cultivation Operations that existed prior to June 21 ,2010'
and have been confirmed by the BOCC through the local verification process in a Public
Hearing, must provide proof of that approval.
G. On-Site Notice.
A legible sign as required by State law shall be posted in a conspicuous location in each
Optional Premises Cultivation Operation.
H. Compliance with Other Laws and Regulations.
An Optional Premises Cultivation Operation shall comply with all applicable State and local
Building Codes, laws, and regulations.
7.904. SHOOTING GALLERY/RANGE.
A. Design.
The facility ihall be designed in accordance with standards established in the NRA
document entitled "The NRA Range Sourcebook." The BOCC may require modifications
to address public safety concerns and to ensure adequate safety measures, based upon
public input received during the application review and approval process.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-45
B. SanitarY Facilities.
The Shooting Gallery shall have sanitary facilities on site.
7.905. GAfiIPGROUND/RECREATIONAL VEHICLE PARK.
All Recreational Vehicle spaces shall abut upon a driveway, graded for drainage, and maintained
in a rut- and dust-free condition, which provides unobstructed access to a public right-of-way. The
minimum unobstructed width of such driveways shall be 15 feet for 1-way traffic or 25 feet for 2-
way traffic. No parking shall be permitted on the driveways.
These standards shall apply to all industrial uses:
A. Residential Subdivisions.
lndustrial uses shall not occupy a lot in a platted residential subdivision.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property'
C. Concealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed building
or have adequate provisions, based on location and topography, to conceal and screen
the facility and/or operations from adjacent property(s).
D. Storing.
1. Materials shall be stored on the property in a form or manner that will not
be transferred off the property by any reasonably foreseeable natural cause
or force.
2. All products shall be stored in compliance with all national, State, and local
codes.
3. Shall be a minimum of 100 feet from an adjacent property line'
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
E. lndustrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and other
hazardous materials including wastes Shall be stored according to the manufacturer's
standards and shall comply with the national, State, and local fire codes and written
recommendations from the appropriate local fire protection district'
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25'
unless the use is regulated by the coccc. ln this case, the use shall be subject to
COGCC rules in regard to noise abatement.
G. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of the
property.
GaRFTELD CouNTY LAND UsE AND OEVELoPMENT CoDE 7-46
H. Hours of OPeration.
Any activity that wili generate noise, odors, or glare beyond the property boundaries will
be conducied between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or
as approved by the decision-making authority.
l. lnterference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
subsiantially interfere with the existing use of adjoining property or that constitutes a public
nuisance oi hazard. Flaring of gases, aircraft warning signal, and reflective painting of
storage tanks, or other legaliequtrements for safety or air pollution control measures, shall
be exempted from this Provision'
7.1002. GRAVEL EXTRACTION.
A. Water Quantity and Quality lmpacts/Floodplain lmpacts.
Every application for gravel extraction shall address the following:
1.No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has been
adequately designed to handle the storage of flammable or explosive solids
or gases and that the methods comply with the national, State, and local
fire codes.
No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
When the proposal is near a river or stream' the Applicant is required to.
submit an analysis by a professional engineer showing the boundaries of
the Floodplain and the Floodway in the area of the pit'
All gravel extraction operations shall comply with the applicable standards
of section 3-301, Floodplain Overlay Regulations, and will be subject to
section 4-109, Development in 1 0O-Year Floodplain.
ln all cases, there shall be no storage of fuel or hazardous materials
including concrete/asphalt Batch Plants within the Floodway.
All applications shall provide a dewater/discharge plan that
provides a detailed graphic representation of how dewatering
operations shall occur. This plan shall demonstrate that the
discharge will not exceed State standards for discharge into a water
course or Wetland.
B. Air Quality.
No application shall be approved until the Applicant submits evidence that uses shall have
"rrrent
CDPHE air pollution permits and shall meet current CDPHE emissions standards
for air and water.
C. Noise/Vibration.
Gravel extraction operations shall be conducted in a manner such that the volume of
sound generated does not constitute a public nuisance or hazard. Gravel extraction
operations shall comply with the standards set forth in C.R.S., Article 12, Title 25' except
as such standards are modified as follows:
'1. An Applicant shall submit a noise study that demonstrates the proposed
gravel operation can meet the requirements in the matrix below based on
measuring the sound levels of noise radiating from a property line at a
2.
3.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-47
distance of 25 feet or more beyond the subject property, except as
excluded for construction activities per C.R.S. {i 25-12-103 ef seq', that
allows up to 80 db(A).
The dB(A) threshold shown in Table 7-1002 shall be that of the receiver
and not that of the emitter. For example, while the gravel operation would
be considered an industrial operation, the dB(A) levels shown below are
measured according to the neighboring uses so that if a residential use was
located adjacent to the operation, sound levels could not exceed 55 dB(A)
from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m.
3. Every use shall be so operated that the ground vibration inherently and
recuirently generated is not perceptible without instruments at any point of
any boundary line of the property on which the use is located'
D. Visual Mitigation.
All applications for gravel extraction shall address the following:
,1. All gravel operations proposed to mine areas greater than 30 acres shall
be designed in multiple phases in order to minimize the visual impact of the
GravelPitprimarilybylogical"sequencing"and"overalllayout"ofthepit's
design.
2. Screening, Berming and Buffering.
a. The operation shall be organized on the site to minimize impact on
adjacent land uses and protect established neighborhood character
through installation of screen fences, berming, and/or landscape
materials, as well as by the location of access points, lighting' and
signage.
b. Visual screening shall be in place prior to the commencement of the
commercial mining activity of each phase. Site preparation activity
such as removal of overburden shall be allowed prior to the
construction of the visual screening if material will be used for the
creation of the necessary screening'
3. Unless otherwise determined by the BOCC, mining operations shall be
allowed to progress so long as the previous phases have been reclaimed
within 6 months after the commencement of the new phase' lf the
reclamation has not commenced in 6 months, or has not been completed
within 18 months, all mining operations on the property shall stop until the
reclamation/revegetation has occuned to the satisfaction of the county.
E. County Road System.
1. All applications shall submit a Traffic lmpact Study consistent with section
4-203.L.
2.Anyrequiredimprovementsshalleitherbeinplacepriortoorshallbe
constructed in conjunction with the proposed use.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-44
3. Truck traffic will not access the mining operation through residential or
commercial areas, or such traffic will be mitigated.
4. Proposed haul routes from the extraction operation will be upgraded to
withstand the additional traffic, if determined by the Traffic Study or
recommended by the County Engineer, and the permittee will prevent road
damageandmitigatedust,underthesupervisionoftheRoadSupervisor.
5. lf a driveway access permit is required by the County Road and Bridge
Department,Applicantmustcomplywithallpermitconditions'Theowner
or operator of a gravel extraction operation is responsible for any damage
causedbytheoperation'straffictoaCountyRoad.Repairorreplacement
of road surface will be determined by the Road Supervisor'
F. Compatibility with Surrounding Land Uses.
The proposed operaiion will be located so as to mitigate cumulative impacts to roads, air,
and water quality
G. Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide locations of CountyJisted noxious weeds on a map. Once the inventory is
provided, the Applicant shill develop a Weed Management Plan that addresses all
bounty-listed noxious weeds found on site. This Weed Management Plan shall be
submiited to the County Vegetation Manager for approval prior to the issuance of a Land
Use Change Permit
H. Reclamation.
All applicants shall submit a reclamation plan that complies with the standard-s of the
Coloiado Division of Reclamation, Mining and Safety (CRMS) and meets the following
design criteria:
1. The Reclamation Plan approved by the County as part of the Land Use
Change Permit shall be resubmifted to the DRMS to become the only
reclamation plan (tasks/timetables) used by both the County and DRMS'
Additionally'abondshallneedtobecalculatedtocoverthisplanand
secured with DRMS to cover its implementation.
2. Wetland and Dryland Slopes. wetland and Dryland Slopes are illustrated
in Figure 7-1002.
a. Wetland SloPe Areas:
(1) For the purpose of this section, Wetland Slope is defined as
3 feet above the shoreline and 3 feet below the shorellne'
(2) Wetland Slopes shall be predominantly 5:'1 or shallower,
with at least 80% 5:1 and 20oh 10:'l or shallower' The
percentage of Wetland Slope is calculated along the
perimeter of the reclaimed lakes'
(3) An alternate plan for the shoreline area which modifies the
standards above may be proposed by an Applicant to
accommodate sPecial needs for:
Water-based recreation amenities;
Reducing wildlife habitat along certain sections of
shoreline due to proximity to an airport; or
) Fishing embankments.
(a)
(b)
GARFTELD CouNTY LANo UsE AND DEVELoPMENT CooE
b.
(4)
(s)
(2)
(3)
Other special needs or uses that may be proposed by the
Applicant.
Wetlands shall be included in the reclamation plan for all
shoreline areas.
Dryland Slope Area.
(1) For the purposes of this section, the Dryland Slope area is
defined as any area above a Wetland Slope in the post-mine
land use that will predominately be used for rangeland
grazing and wildlife habitat.
Dryland Slopes shall be predominantly 5:1 with at least 85%
of the Slopes 5:1 or shallower.
An alternate Slope plan for the Dryland area which modifies
the standards above may be proposed by an Applicant to
accommodate special needs when:
(a) The existing terrain Slope is steep (greater than 5:1);
or
Where there is liftle or no available on-site backfill
material.
General Cross
Reclalmed Pit
(b)
,/ =' Bq-
"^,i,- s"-rsi* L.Gbvr,.W{ 'nd
sh3
3.
r 3-!
Figure 7-1002; Wetland and Dryland Slopes
Vegetation.
a. Wetland Criteria.
(1) All Wetland Slopes on a Reclamation Plan shall include
revegetation with appropriate species shown on a
LandscaPe Plan. The Plan shall:
(a) Show the reclaimed Wetland area to scale;
(b) ldentify the species and number of plantings;
(c) Provide for adequate irrigation, if required;
(d) Provide for adequate species diversity to enhance
wildlife habitat; and
GARFIELD COUNTY LAND USE AND DEVELOPMENT COOE 7-50
(e) Provide other site specific requirements as may be
identified.
(21 Wetland seeding shall occur immediately prior to lake filling
using the following methods:
(a) Seeding shall be done by drilling or by hydro-
seeding methods. Broadcast seeding is not
permitted;
(b) Revegetation of Wetlands shall also include planting
of trees, willows and/or shrubs; and
(c) Existing trees may be included in the plan if they are
a minimum of I feet in height and 2 inches in
diameter.
b. Dryland Criteria. All Dryland areas on a Reclamation Plan shall
inilude revegetation with appropriate Dryland plant species
including a mixture of grasses, forbs, and shrubs, based on the
written recommendation of a qualified professional.
4. Reclamation with multiple ponds or lakes shall provide islands or
peninsulas that make up at least 20% of total lake surface in order to break
up the surface and provide undulation of shorelines in a natural-like
appearance.
5. To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond under jurisdiction of the DRMS,
oi by tn" Federal government on federally-owned lands' a bond or other
acceptable financiil performance guarantee shall be submitted in favor of
the iounty in an amount of at least 't50% of the cost of restoration of the
site and access roads. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. A bid for site restoration acceptable to the permittee and the
County shall be submitted to the Community Development Department as
evidence of the cost of reclamation for bond setting purposes'
Enforcement.
1. The county shall not issue a Land Use change Permit until all required
local, State, and Federal permits have been obtained and submitted to
Garfield County including, but not limited to, the municipal watershed
permit, CDPHE, USACE, NPDES, Division of Water Resources (approved
well permits and plan for augmentation), etc'
2. The Operator acknowledges that the County has performance standards
in place that could lead to revocation of the Land Use Change Permit if
continued violations of the permit occur over a period of time.
3. The County can request a site inspection with 1 day's notice to-the
Operator. ihe owner or Operator must grant full access to any part of the
site will be granted. On request, all papenrvork must be shown. The County
cannot request a large number of inspections that would interfere with
normal operation without cause.
4. Prior to contacting the appropriate agency, the County commits to notifying
the Operator of any compliance concern identified during a site inspection'
GARFIELD COUNTY LANO USE AND DEVELOPMENT CODE 7-5',1
5.
6.
7.
1.
1.
2.
3.
Any person at any time can call any permitting agency directly and request
an'inspection if they believe a condition of that agency's permit is being
violated.
To ensure that certain conditions of a permit are complied with, the BOCC
may require a financial performance guarantee in addition to that required
by the DRMS. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
i-nflation. The County will not require financial guarantees that are
duplicative of that required by the DRMS.
The County will be invited to any bond release inspection of the DRMS'
The County inspector will have the opportunity to demonstrate that any item
of the permit has not been complied with and that bond should not be
released.
7-1003. MINING AND OTHER EXTRACTION USES.
A. Roads.
The weight of trucks shall not exceed road or bridge weight capacity on
approrei haul routes as established by the County or by Federal or State
law.
As a condition of approval, the County may impose limits on the number of
trucks that may access the site to avoid damage to roads caused by heavy
vehicle use, weather conditions, or water saturation.
B. Routing.
Designation of construction and haul routes for a specific mining operation application
shall comply with the following standards:
Truck haul and traffic routes shall be designed to the maximum extent
feasible to avoid residential areas, commercial areas, environmentally and
visually sensitive areas, schools and other civic buildings, municipalities,
and alieady congested locations. Alternative routes shall be identified'
Timing of truck traffic may be controlled to prevent congestion or adverse
noise impacts or safety risks.
Applicant shall prevent loss of loads and fugitive dust emissions during
transit and shall be responsible to ensure that haul routes are maintained
in accordance with dust-suppressant methods required by applicable State
or Federal agency.
C. EmergencY PreParedness'
The site Operitor ihall prepare an emergency preparedness plan and have it on site and
provided to the appropriate emergency providers for the site.
7.1004. RECYCLING COLLECTION CENTERS.
A. CustomarY and lncidental.
A Recycling Collection Center shall be considered customary and incidental to Solid
Waste-Tranlfer Facilities, recycling processing facilities, and commercial uses that are
20,000 square feet or larger.
B. Parking Lot Location.
A Recycling Collection Center located in Parking Lots shall not occupy required parking
.pu""i. The collection center shall be located so as not to not impede traffic flow.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-52
C. Stored Products.
At least once per week the property owner and collection center operator shall remove
products stored at the site.
D. Maintenance.
The property owner and collection center operator shall keep the collection center in
proper repair and the exterior shall have a neat and clean appearance'
E. Organic Materials.
Organic materials are limited to plant matter, including but not limited to, tree limbs, leaves,
and grass cliPPings.
7.1005. SEWAGE TREATMENT FACILITY.
A. ExemPt from Minimum Lot Size'
This use maybe located on a separately dedicated lot and is exempt from the minimum
Lot Size requirements for the zone district in which it is located'
B. AccessorY to the PrimarY Use.
when part of an overall project requires a Land Use change Permit, a new Sewage
Treatment Facility shall be considered an accessory to the primary use and shall not
require additional permitting except for those permits required by CDPHE'
7.1006, SOLID WASTE DISPOSAL SITE AND FACILITY.
Solid Waste Disposal Sites shall comply with State laws and regulations and must receive a
"certificate of designation" from the County'
7.1007" VEHICLE SAFETY AREAS.
A. Continuing Obligation.
The provision and maintenance of Vehicle Safety Areas shall be a continuing obligation
of the property owner.
B. Prohibited Uses.
Prohibited uses of Vehicle Safety Areas include:
1. Materials or inoperable vehicles shall not be stored in any Vehicle Safety
Areas.
2. Vehicles shall not be displayed for sale in any Vehicle Safety Area'
3. Repair work shall not be conducted in any Vehicle Safety Area unless it is
directly related to the safety of the vehicle in inclement weather. such
repairs shall not render a vehicle inoperable for more than 24 hours'
4. Vehicles may only park in a Vehicle safety Area for safety reasons during
adverse weather conditions. No vehicle shall park in a Vehicle Safety Area
longer than 24 hours.
5.Noloading/unloadingofequipmentormaterial,vendingofanygoodsor
Services,storage,orstagingshallbeallowedwithinanyVehicleSafety
Areas.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
A. Signage.
All Solar Eneigy Systems must install signage warning of electrical shock around the
perimeter of the system.
B. Solar Energy Systems, Accessory.
These additional standards apply to Accessory Solar Energy Systems:
1. Building-MountedSYstem:
a. The Solar Energy System components must be mounted as flush
to the roof or structure as practicable.
b. The building-mounted Solar Energy System may not exceed the
roofline for pitched roofs.
c. Solar collectors installed on flat roofs may be raised up to 6 feet
above the height of the building and shall have a 3-foot setback
from the edge of the roof.
2. Ground-mounted SYStem:
a. A ground-mounted system must meet the minimum setbacks of the
zone district and shall be located fully within the Building Envelope,
if a Building Envelope exists.
b. The height of the Solar Energy System shall not exceed 15 feet'
c. The total area of the ground-mounted Solar Energy System shall
not exceed 1 0% percent of the lot's gross area.
d. Size of the system(s) is limited to less than a combined 1SkW-rated
nameplate DC capacity to include equivalent kW measurement of
energy for systems other than photovoltaics.
7.1 102. TELECOMMUNICATIONS FACILITIES.
A. New Towers and Facilities.
To gain approval to construct a new transmission tower or facility, the Applicant must
demonstrate that:
1. The proposed tower or facility has sufficient structural strength or space
available to support the Applicant's Telecommunication Facility and related
equiPment; and
2. The proposed tower or facility will not cause unreasonable electromagnetic
or other interference with the antennas on existing towers, structures, or
utility structures; or
3. No owner of existing towers, structures, or utility structures, within a
distance that meets the Applicant's engineering requirements, will allow the
Applicant to place its tower or facility thereon'
B. Structural and Engineering Standards.
The Applicant shall submit evidence concerning structural and engineering standards
prepared by a qualified professional engineer. The safety of the property and the
neighborhood shall be Protected.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-54
C. Public Utility Structures.
Towers or facilities that are proposed to be mounted on existing structures of public utilities
that have a franchise or other written permission from the County and use-concealed
towers and facilities are permitted in all nonresidential zoning districts, unless otheruise
specified by this Code.
1. The County may approve the placement, extension, or replacement of a
transmission tower or Telecommunication Facility on an existing Public
Utility structure up to 50 feet above the highest point on the same; and
2. The County may waive public notice and other submittal requirement if the
Director believes that the public interest will not be harmed by such a
waiver.
D. Design, Materials, and Color.
Transmission towers and Telecommunication Facilities shall be designed and maintained
to minimize visual impact, carry gravity and wind loads required by law. At a minimum,
the transmission towers and facilities shall meet the following design standards:
1. Architectural integration with existing buildings, structures, and
landscaping, including height, color, style, massing, placement, design,
and shape. Concealment or stealth methods, such as camouflaging
transmission towers to look like light poles or trees, may be required.
2. Located on existing vertical infrastructure such as utility poles and Public
Building or utility structures.
3. Roof-mounted antennas shall be located as far away as feasible from the
edge of the building. Antennas attached to the building should be painted
or otheMise treated to match the exterior of the building.
4. Equipment shelters and antennas shall not extend more than '10 feet from
the top of the building unless expressly approved by the County.
5. Located in areas where the existing topography, vegetation, buildings' or
other structures provide screening.
E. Lighting and Signage.
Only lighting and signage required by a Federal or State agency is allowed. No advertising
is allowed.
F. Non-lnterference.
All wires, cables, fixtures, and other equipment shall be installed in compliance with the
requirements of the National Electric Safety Code and all FCC, FAA, State and local
regulations, and in such a manner that will not interfere with radio communications,
electronic transmissions, or all other electromagnetic communications or othemise cause
a safety hazard.
G. Federal Aviation Agency Form.
The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or
Alteration, except that such form shall not be required for the following:
'1, An amateur radio antennae, if owned and operated by a federally-licensed
amateur radio operator or used exclusively for a receive-only antennae;
2. Any existing tower and antennae provided a Building Permit was issued for
a tower or antennae prior to the adoption of this Code:
3. Any emergency Telecommunications Facilities used exclusively for
emergency services including, but not limited to, police, fire, and operation
of governmental entities; and
GARFTELD CouNTy LAND UsE AND DEVELoPMENT CooE 7-55
4. Any antennae used for FCC licensees engaged in AM, FM' or television
broadcasting.
H. Telecommunications Act.
All Telecommunications Facilities shall comply with all applicable standards of the Federal
Telecommunications Act of 1996, and all applicable requirements of the FAA.
7.1 103. WATER RESERVOIR.
A water reservoir shall not be required to comply with the minimum Lot Size requirement for the
zone district in which it is located.
The following shall apply to all Accessory Buildings or Structures:
A. Accessory Building.
The rear yard setback of an Accessory Building may be reduced to the following distance
provided Clear Vision Area standards in section 7-303.1. are met.
B. Accessory Structure.
Accessory Structures, for exampleiq€luding fences, hedges, andplwalls may be located
within any required yard setback provided the requirements in Table 7-1201 B and Clear
Vision Area standards in section 7-303.1. are met.
Land within R, RL-P, RL-E, RL-TS and RL-G51
1 Structures proposing to exceed the Maximum Height may be erected if reviewed and approved through an
Administrative Review (Section 4-103) where the structure:
a. is required to maintain the agricultural use or the other existing uses on the property;
b. does not in any manner adversely impact the operation of any adjacent public right-of-way or roads;
c. does not adversely impact the natural lighting or visual corridor of adjacent properties; and
d. will not obstruct critical traffic areas
GARFIELD COUNTY LANO USE AND DEVELOPMENT CODE
EXHIBIT
q
GARFIELD COUNTY, COLORADO
Article B: lnclusionary
Zoning for Housing
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Figure 8:1: Map Showing Area 1
8.201. APPLICATION SUBMITTAL REQUIREMENTS.
The Applicant shall submit the following materials for a Subdivision that requires Affordable
Housing.
A. Affordable Housing Plan and Agreement.
The Applicant shall submit an "Affordable Housing Plan" that includes the following
provisions.
1.
2.
3.
4.
The proposed location of the Affordable Housing Units.
The proposed number and unit mix of Affordable Housing Units based upon
the provisions of section 8-301, Number and Unit Mix.
The proposed schedule for construction and completion of the Affordable
Housing Units in relation to the proposed construction and completion of
the overall development.
The proposed breakdown of Affordable Housing Units by category, based
on provisions of section 8-301.8., Unit Mix and Minimum Bedroom
Requirement, including the proposed Lot Size and square footage size of
each unit.
The proposed calculations for HOA dues as set forth in section 8-302.B.5.
The proposed form of Deed Restriction and any other documents
necessary to comply with the requirements of this Article.
Any rental housing proposal will require the Applicant to propose additional
guidelines not codified herein. Such guidelines at a minimum must address
details for administration and on-going affordability. The proposed
guidelines are subject to BOCC approval.
The proposed method of financial security to ensure construction of the
Affordable Housing Units, such as:
5.
6.
7.
8.
GnRnelo Courury Lruro Use eruo Devetoprrlerur Cooe 8-2
ARTICLE 8: INCLUSIONARY ZONING FOR
HOUSING
FINDINGS AND PURPOSE.
A. Findings.
The BOCC finds that an adequate supply of Affordable Housing in the County is essential
and necessary to preserve and maintain the health, welfare, safety, and quality of life for
residents of Garfield County.
B.
An adequate supply of housing that is affordable to the local labor force is
necessary for the local economy to remain stable and to grow in a healthy
manner.
New development creates demand for workers in construction, maintenance,
services, and retail sales, increasing the demand for Affordable Housing.
New development shall be required to provide Affordable Housing that
mitigates the impacts that are attributable to such development in areas
designated by the County, where Affordable Housing has become limited and
problematic for adequate workforce housing.
Purpose.
The purpose of this Article is to ensure that the housing needs of all economic segments
of the community will be met. New development shall be required to contribute to the
Affordable Housing supply in the County, as reasonable and appropriate with
consideration to the development's impact on the supply of Affordable Housing available
to the local labor force.
8.102. APPLICABILITY.
These requirements apply to all residential Subdivisions proposing 15 or more lots located within
Area 1, shown in Figure 8-1.
1.
2.
3.
GeRrtelo Courury LAND UsE eruo DeveloptaeNr Coor 8-1
E.
F.
8-405.
A.
B.
c.
D.
E.
8-406.
Setting Rents for Allowed Leasing of Owned Units......... .......14Roommates............... .........14
GRIEVANCE PROCEDURES....... .......14
File Written Complaint. ...14q8
Schedule Hearing..... ......'lf S
Review of Documents. ........... .............1S
Hearing Process..... ............15
Decision of the GCHA Board. ..............15
PERIODIC REVIEW OF INCLUSIONARY ZONING GU!DE1INES..........................16
GlRnelo Coururv Lauo Use aruo Developnaeur Cooe f-iii
Anrrclr 8
I tlclusloNARy Zotl I NG FoR Houstruc
Tnale or Corurrrurs
DrvtsloN 1. GENERAL PROV|S!ONS...... ............18-101. FIND|NGS AND PURPOSE ...................1A. Findings. .............1B. Purpose. .............1
8-102. APPLICABILITY. ..................1
DtvtstoN 2. AppLtcATtoN AND REVTEW PROCEDURES.. .................2
8-201. APPLICATION SUBMITTAL REQUIREMENTS. .....................2A. Affordable Housing Plan and Agreement ................2
8-202. REVIEW AND APPROVAL PROCEDURES.......... ..................3
DIVISION 3. CRITERIA FOR DEVELOPMENT OF AFFORDABLE HOUSING UNITS.............3
8-301. NUMBER AND UN|T MtX.......... ............3A. Number of Units Required. ....................3B. Unit Mix and Minimum Bedroom Requirement. ............. ..........38-302. pRlCtNG OF UNITS. .............4A. Area Median lncome Categories Required. ............4B. lnitial Sales Price......... .........4
8-303. EXECUTTON OF DEED RESTRICTTON By AppLtcANT............... ..........5A. Deed Restrictions. ................5
8.304. PERMITTED CAPITAL IMPROVEMENTS. ............6A. Approval Required. ..............6B. Permitted Capital lmprovements............ ................6
8-305. OFF-S|TE AFFORDABLE HOUS1NG........... ..........7A. Request for Off-Site Location of Affordable Housing Units. ......................7B. Criteria for Off-site Affordable Housing Development. ............. .................78-306. PAYMENT-IN-LIEU... ............8
DtvtsroN 4. INCLUS|ONARY ZONTNG GUIDELINES............ ................8
8.401. QUALIFICATIONS TO PURCHASE AFFORDABLE HOUSING UNITS....................8A. Requirements for Qualifying a purchaser................ ................ gB. Income or Earnings Used in Determination of Qualified Applicant. ........... g
8.402. PROCEDURES FOR DETERMINATION OF QUALIFIED APPLICANT....................9A. Materials Necessary to Qualify purchaser. .............gB. Review and Determination of eualification........... ...............9{OC. Priority of Qualified Appticants. ...........1f 08.403. INITIAL SALE AND RESALE OF AFFORDABLE HOUSING UNITS .....10A. lnitial Sale by Deve1oper.............. ........10B. Resale by GCHA. ...............10C. Role of GCHA Staff......... ....................11D. Maximum Allowed Resale price. .........11E. Maintenance Standards for Maximum Resale price. .............11F. Lottery Process. .................12G. Fees. .................13H. Memorandum of Agreement to the Deed Restriction. ............13
8-404. OTHER REQUIREMENTS. ..................13A. Co-Ownership and Co-Signing ............13B. Permissible Financing. .......13c. Renting an Affordable Housing Unit during a Listing period. ..................13D. Leave of Absence for Owners of Affordable Housing Unit. .......... ...........14
Glnnelo Gour.rw LAND UsE aruo Devetopueut Cooe
Glnrrelo Gouurv LAND UsE eno Deveropnaetr Cooe
a. A bond or other security acceptable to the BOCC, in an amount
acceptable to the BOCC to ensure the required number of
Affordable Housing Units are constructed.
b. Provisions in the adopted Affordable Housing Plan that require
Building Permits for 10 free-market houses may only be issued after
a Building Permit for 1 Affordable Housing Unit has been issued.
c. Another method of securing construction of the Affordable Housing
units acceptable to the BOCC.
9. lf the Applicant proposes to locate some or all of the Affordable Housing
Units off-site, the plan for off-site location and justification therefor.
10. The proposal for compliance with all provisions of the n+e+eage-geus+ng
maintained by the Garfield County Housing Authority (GCHA) or other
Approved Affordable Housing Entity (AAHE).
8.202. REVIEW AND APPROVAL PROCEDURES.
The Affordable Housing Plan shall be reviewed by the Director and the GCHA or other AAHE.
The Affordable Housing Plan approved at Preliminary Plan shall become the "Affordable Housing
Agreement" between the County, the Applicant, and the GCHA or other AAHE, which agreement
will be adopted and recorded in conjunction with a Final Plat approval by the BOCC.
A. Number of Units Required.
ln a Subdivision required to provide Affordable Housing , 10o/o of the lots proposed in the
development shall be developed with Affordable Housing Units. ln computing this
requirement, any fraction of a unit lot above .50 will be rounded up and any fraction of a
unit lot .49 or less will be rounded down.
B. Unit Mix and Minimum Bedroom Requirement.
The Applicant shall propose the mix of housing types. The Affordable Housing Units shall
closely mirror the market rate units and shall be of comparable quality with similar fixtures
(e.9. dishwashers, disposals, air conditioning, and energy efficient windows) to market
rate units. ln addition, the units shall meet the following requirements:
1. The approved mix will provide the minimum number of bedrooms required
based upon the following formula:
a. Multiply the number of Affordable Housing Units required by 2.6 (the
average number of persons in a household) then,
b. Divide the result by 1.5 (the U.S. Department of Housing and
Development criteria of person per bedroom).
c. The resulting number is the minimum required number of bedrooms
that must be disbursed across the required Affordable Housing Units.
2. Any proposal for a unit with 4 or more bedrooms may be approved, but only
after a special review to determine a need.
3. Any fractional Affordable Housing Units created by the above formulas will
be rounded up to the next highest number.
4. The following minimum square footage requirements shall be met, with only
finished square footage being counted, excluding garages, carports, and
unfinished Basement space:
8.301. NUMBER AND UNIT MIX.
GlRrrelo Coulry LAND UsE eHo Developluerur Cooe 8-3
Unit Tvpe
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single-Family, detached
8-302. PR|CTNG OF UNITS.
Minimum Size
500
700
950
1,200
1,400
A. Area Median lncome Categories Required.
The average price for all Affordable Housing Units shall be dispersed over a range of the
Area Median lncome (AMl) levels for low and moderate income families as published
annually by HUD for Garfield County. Applicant shall provide Affordable Housing Units in
the following 3 categories, in accordance with the distribution described below:
1. Category l. 20o/o of required units must be in Category l;
a. Units priced to 70% AMI;
b. Units sold to 80% AMI households or less;
Category ll. 40o/o of required units must be in Category ll;
Units priced to 90% AMI;
Units sold to 100% AMI households or less;
Category lll. 40% of required units must be in Category lll;
Units priced to 110% AMI;
Units sold lo 12Oo/o AMI households or less.
Exceptions:
lf 3 or fewer Affordable Housing Units are required by this Article,
then the first unit required will be a Category ll unit and the second
unit required will be a Category lll unit and the third unit will be a
Category I unit.
lf the number of Affordable Housing Units required by this Article
results in a fraction when multiplied by 40o/o or 20o/o (see required
distribution of units above), then the Applicant must provide the
greatest number of Affordable Housing Units as Category ll units,
followed by Category lll, and lastly Category l. For example, if 16
Affordable Housing Units are required, then 40% of 16 results in 6.4
required Category ll units. The Applicant should then provide 7
Category ll units, 6 Category lll units and 3 Category I units'
B.lnitial Sales Price.
The initial sales price for each Affordable Housing Unit shall be calculated by the GCHA
and the BOCC based on the following assumptions:
1. Principle, interest, mortgage insurance, taxes, homeowners insurance, and
Homeowner Association dues not to exceed 33o/o of gross monthly
household income based on family size determined by the chart below.
80% of that amount is estimated for principle and interest and 20o/o is
estimated for mortgage insurance, taxes, homeowners insurance, and
Homeowner Association dues. lf actual costs are available, they may be
used in lieu of this 80:20 ratio.
A 30-year mortgage based on a trailing interest rate calculated on an
average of the previous 18 months' interest rates. The GCHA shall
calculate the trailing interest rate.
The price shall include a landscaped lot.
a.
b.
3.
GaRneto Gourrv LAND UsE ato Dgvetopt'lenr Coor 8-4
f.lurnUer of persons by bedroom configuration used to establish sales price:
HOA dues for Affordable Housing Units shall be prorated as compared to
HOA dues owed by market rate unit owners. HOA dues for Affordable
Housing Units shall be prorated by either average Lot Size or average unit
size in comparison to market rate lots and/or units, whichever results in the
lower cost for the Affordable Housing Units, or by a formula proposed by
the Applicant and approved by the GCHA and the BOCC. lf prorated HOA
dues are not possible, then the HOA dues for Affordable Housing Units
shall be a maximum of 75o/o of the HOA dues owed by market rate unit
owners.
The initial sales price will be calculated by GCHA 120 days from anticipated
Certificate of Occupancy.
Example lnitial Sales Price Calculation:
3-bedroom single-family unit, 4 person household,
80% AMI = $51,200 in 2007
$51,200 / 12 months = $4,267 gross monthly income
33% of $4,267 = $1,408
80% of $1,408 = $1,126 (principle and interest)
20% of $1,408 = $282 (mortgage insurance, taxes, insurance, HOA)
1B months of trailing interest rate as calculated by GCHA = 6.37%o
Sales price = 9176,766
8.303, EXECUTION OF DEED RESTRICTION BY APPLICANT.
A. Deed Restrictions.
All Affordable Housing Units will be subject to a Deed Restriction.
'1. Deed Restriction. The form of Deed Restriction must be approved by the
GCHA,
a. The Applicant must execute and record a Deed Restriction prior to
release of the Building Permit in a form satisfactory to the GCHA.
This ensures that the Deed Restriction will run in perpetuity with the
unit. At the time of certificate of occupancy, the Deed Restriction
shall be amended, if necessary, to reflect changes approved by the
GCHA. The original executed and recorded Deed Restriction shall
be returned to the GCHA.
4.
5.
6.
7.
Number of Bedrooms,
Nondetached Structure
AMI Household Size for lnitial Sales Price Determination
Studio 1 oerson household
1 2 person household
2 2.5 oerson household
3 3 person household
4 3.5 person household
Number of Bedrooms,
Sinole-Familv. Detached
AMI Household Size for lnitial Sales Price Determination
2 3 person household
3 4 oerson household
4 5 oerson household
5 6 oerson household
GaRrreto Gouttw LAND UsE eruo Developruerur Cooe
b.ffist include a limit on annual appreciation of
a unit of either the West Region, Consumer Price lndex, Urban
Wage Earners and Clerical Workers (CP|-W) (1982-84=100), not
seasonally adjusted, or 3o/o simple interest, whichever is greater,
plus the cost of Permitted capital lmprovements (see section 8-
304). The Maximum Resale Price shall be no more than 5% simple
interest, plus the cost of Permitted Capital lmprovements. The
Maximum Resale Price will be determined by the GCHA in
accordance with this Article.
(PP) Purchase Price
(PPCPI) CPI at the date of Purchase
(NMO) Number of months owned
(CCPI) Current CPI
3% Formula = .03 x PP/ 12 x NMO + PP = Base Resale Price
CPI Formula = PP/PPCPI x CCPI = Base Resale Price
5% Formula = .05 x PP/ 12 x NMO + PP = Base Resale Price
Memorandum of Acceptance. When a qualified buyer purchases the
property and there is a transfer of the deed for the property, the buyer must
execute a Memorandum of Acceptance of the Deed Restriction. This
ensures that the buyer is aware of the Deed Restriction and lnclusionary
Zoning Guidelines. The original executed and recorded Memorandum of
Acceptance shall be returned to the GCHA.
Promissory Note and Deed of Trust. The buyer must execute and record
a Promissory Note between the GCHA and the buyer to enforce the
County's interest in the property, and a Deed of Trust signed by the buyer.
This Promissory Note shall be in a subordinate position to any other
Promissory Note required for purchase of the property. This Promissory
Note and Deed of Trust shall not be recorded in first position.
8.304. PERMITTED CAPITAL IMPROVEMENTS.
An owner of an Affordable Housing Unit may receive credit for "Permitted Capital lmprovements"
as specified below.
A. Approval Required.
All Permitted Capital lmprovement items and costs shall be approved by the GCHA prior
to being added to the Maximum Resale Price as defined in this Article. The owner must
show aitual receipts to receive value of Permitted Capital lmprovements upon resale.
Only the owner's out-of-pocket expenses will be counted toward value of Permitted Capital
lmprovement.
B. Permitted Gapital lmprovements.
1. Permitted Capital lmprovements shall only include the following:
a. lmprovements or fixtures erected, installed, or attached as
permanent, functional, nondecorative improvements to real
property, excluding repair, replacements, and/or maintenance
improvements;
b. lmprovements for energy and water conservation;
c. lmprovements for the benefit of seniors and/or handicapped
persons;
d. lmprovements for health and safety protection devices;
2.
3.
Ganrtelo Couurv Leruo Use aruo Developruerur Cooe
e. lmprovements to add and/or finish permanenVfixed storage space;
f. lmprovements to finish unfinished space;
g. Garages;
h. The cost of adding decks and any extension thereto,
i. Permanent landscaping; and
j. Repairs or replacements related to structural, major mechanical, or
roofing deficiencies after any applicable warranty period is expired.
The owner must document the need to repair or replace the item.
2. Permitted Capital lmprovements shall not include the following:
a. Upgrades/replacements of appliances, plumbing and mechanical
fixtures, carpets, and other similar items included as part of the
original construction of the unit;
b. lmprovements required to repair, replace, and maintain existing
fixtures, appliances, plumbing and mechanical fixtures, painting,
carpeting, and other similar items;
c. Upgrades or addition of decorative items, including lights, window
coverings, floor coverings, and other similar items; and
d. Jacuzzis, spas, saunas, steam showers, and other similar items.
8.305. OFF-SITE AFFORDABLE HOUSING.
ln some cases, the BOCC may approve a mix of on-site and off-site Affordable Housing Units, or
the provision of all Affordable Housing Units off-site.
A. Request for Off-Site Location of Affordable Housing Units.
At the time of Preliminary Plan application, the BOCC may consider a request by the
Applicant for off-site location of Affordable Housing Units if the Applicant demonstrates
circumstances that justify the request. The following considerations apply to Applicant's
request:
1. The proposed Affordable Housing Unit(s) will be located substantially
closer in proximity to the following facilities and amenities when compared
to the project parcel: public schools, commercial or retail centers,
community or public recreation parks and activities, Hospital and health
care facilities, public transportation, professional services, and public
services including fire, police, and emergency services;
2. The Applicant has developed a method or a procedure acceptable to the
County to ensure that the proposed off-site Affordable Housing Units are
for sale pro rata with the sale or rental of lots contained within the project
parcel; and
3. The Applicant has consulted with the GCHA or AAHE prior to submission
of an application regarding the proposed location and qualification of the
off-site units for financing and sale.
B. Criteria for Off-site Affordable Housing Development.
The proposed off-site development of Affordable Housing Units shall satisfy the following
criteria.
1. The proposed development meets the requirements and guidelines for
inclusionary zoning set forth in this Article;
2. The proposed units will be built or located in the same study area as the
development;
GaRrrelo Couruw LAND UsE ltto DEvelopuerr Cooe 8-7
3.The proposed units will be located in an area or development acceptable
to the BOCC; and
4. Existing residential units can be used as Affordable Housing, provided it is
acceptable to the BOCC.
8.306. PAYMENT.IN.LIEU.
Payment-in-lieu of Affordable Housing Units will not be accepted.
ffiOrus ro pURcHASE AFFoRDABLE HoUSING UNITS.
The following considerations shall be applied by the GCHA to qualify a potential purchaser for
Affordable Housing.
A. Requirements for Qualifying a Purchaser.
1.
2.
Nondiscrimination. Determination of qualification for an Affordable
Housing Unit shall be made without regard to race, color, creed, religion,
sex, handicap, disability, national origin, familial status, or marital status.
Resident Qualification. The purchaser is a fulltime resident of Garfield
County. To qualify as a full-time resident, the purchaser shall live at least
9 months a year in the County. ln addition, all adult family members who
will be residing in the Affordable Housing Unit are legally residing in the
United States.
Employment Qualification. The purchaser is employed fulltime by a
"Garfield County-based employment source," which means a business
whose business address is located within Garfield County, whose business
employs employees within Garfield County, who work in Garfield County,
and whose business taxes are paid in Garfield County. lf an employer is
not physically based in Garfield County, an employee must be able to verify
that they work in Garfield County a minimum of 1664 hours (min. 32
hours/week) per calendar year for individuals, businesses, or institutional
operations located in Garfield County. To qualify as a fulltime employee,
the following criteria shall apply:
a. A person who works or will work at least 32 hours per week for a
Garfield County-based employment source;
b. A person who has been recruited to work at least 32 hours per week
for a Garfield County-based employment source;
c. A person who is a retiree and was employed fulltime at least 32
hours per week for a Garfield county-based employment source for
the 4 years prior to the date of application; and
d. A person who is disabled and was employed full{ime at least 32
hours per week for a Garfield County-based employment source for
the 2 years prior to the date of application.
Financial Qualification. The purchaser has an annual gross household
income equal to or less than the AMI for the category unit(s) for sale. ln
addition, the purchaser has a cumulative net worth, minus qualified
retirement assets (as determined by the IRS), not in excess of $150,000
and satisfies the income criteria set forth in this Article.
Occupancy Qualification. The purchaser will occupy the Affordable
Housing Unit as a primary residence upon purchase.
Family Qualification. lntended family compositions include: foster children,
live-in attendants, and dependants under the age of 23 who are away at
3.
4.
5.
6.
Gannelo Coururv LAND UsE AND DEVELopueut Cooe 8-8
@erSonmilitaryleaveorout-of-townonbusinesS,or
multiple adults cohabiting. Total family income will be considered as part
of the income eligibility described in this Article.
B. tncome or Earnings Used in Determination of Qualified Applicant.
ln determining the financial qualification of a purchaser, consideration shall include, but
not be limited to, the following sources of income:
1. Earned income such as salaries, wages, overtime pay, commissions,
bonuses, tips, and payments received aS an independent contractor for
labor or services;
2. Severance Pay;
3. Royalties, rents, trust income;
4. Annuities, dividends, capital gains, taxable distributions from corporations
or partnerships;
5. Pensions, retirement benefits, social security benefits, disability benefits;
6. Gambling Proceeds;
7. Money drawn by a self-employed individual for personal use;
B. Workers' compensation benefits, disability insurance benefits, funds
payable from any health insurance benefits or casualty insurance to the
exient that such insurance replaces wages or provides income in lieu of
wage;
9. MonetarY gifts, Prizes;
10. An individual who is separated but not divorced may exclude spousal
income if the couple intends to live separate and apart; and
11. The number of dependants claimed by the purchaser on his/her tax returns
for the 2 years prior to application.
8.402, PROCEDURES FOR DETERMINATION OF QUALIFIED APPLICANT.
A. Materials Necessary to Qualify Purchaser.
Application shall be made to the GCHA. The following materials shall be required for all
family members. The GCHA may require additional materials as appropriate.
1. Federal tax returns for last 2 years;
2. Current income statements in a form approved by the GCHA;
3. Current financial statements in a form approved by the GCHA;
4. lf current income is less than the previous tax return by 20o/o or greater, the
income will be averaged based on the current income and previous tax
return to establish an income category;
S. Verification of employment or offer of employment by a Garfield County
based employment source;
Evidence of legal residency (landlord verification, Colorado drivers license,
phone service, vehicle registration, voter registration);
Divorce or support decree; and
A signed release for the GCHA to access the loan application submitted to
the Lender.
B. Review and Determination of Qualification.
The GCHA shall be responsible for application review and determination of qualified
purchaser.
6.
7.
8.
GlRnelp Counw LaNo Use AND DEvElopruerur Cooe 8-9
Determination of Qualification
determine whether the familY
Nonqualification. The GCHA shall
a qualified purchaser for Affordable
Housing Units.
2. Notice of Determination. The GCHA shall provide written notification of a
determination of qualified purchaser.
3. Determination of Nonqualification. The GCHA shall provide written
notification of a determination of nonqualified purchaser. The written notice
shall contain the following information.
a. A statement of the reason(s)for the decision.
b. A statement that the Applicant may request a review of the decision
by following the grievance procedures described in this Article.
C. Priority of Qualified Applicants.
The GCHA shall assign all Qualified Applicants 1 of 3 priorities. Those who qualify for all
priorities will fallwithin Priority Category One.
1. Priority Category One. Applicants that are employed by a Garfield County-
based employment source as defined in section 8-401.A.3.a-c.
2. Priority Category Two. Applicants that are fulltime residents of Garfield
County.
3. Priority Category Three. Applicants who will become fulltime residents of
Garfield County by participation in this program.
8.403. INITIAL SALE AND RESALE OF AFFORDABLE HOUSING UNITS.
A. lnitial Sale bY DeveloPer.
The initial sale of an Affordable Housing Unit shall be the responsibility of the developer
or the purchaser who is subject to the requirements of this Article.
1. The developer must work in cooperation with the GCHA to complete the
initial sale(s) to a qualified purchaser(s). The developer is urged to make
available his/her real estate agent to act as a transaction broker for the sale
of the Affordable Housing Units. The GCHA may choose to contract with
a licensed real estate broker, but is not required to provide this service.
2. The developer is required to provide the GCHA with a marketing packet at
least 120 days prior to the estimated completion of the Affordable Housing
Unit(s). The packet shall include unit descriptions, spec information,
estimated HOA dues, copies of all covenants, conditions and restrictions
(ccRs), if applicable, Homeowner Association provisions, and other
applicable documents.
3. The developer is required to hold at least 1 open house during the
application prior to the lottery.
B. Resale by GCHA.
Unless othenr,rise required in the Deed Restriction, listing for resale of an Affordable
Housing Unit shall be with the GCHA.
1. GCHA will advertise the Affordable Housing Unit for sale and establish
reasonable timeframes for the advertising period, lottery, and estimated
sale for each resale.
2. GCHA will administer the sale according to provisions of this Article in effect
at the time of sale.
3. There shall be minimum 3-month listing period before adjusting the sale
price. The sale price will be set at the date of listing when the owner notifies
or
is
1.
GaRrrelo Gouurv Leruo Use AND DEvELoprueNr Cooe 8-10
@er desire to sell. The owner shall have the
option to change the price after 3 months, after consulting with the GCHA
staff.
4. The owner shall be responsible for any costs associated with termination
of listing, including payment of administrative and advertising costs. These
fees are included in section 8-403.G.
G. Role of GCHA Staff.
GCHA Staff shall be acting on behalf of the GCHA. lt should be clearly understood by
and between parties to a sales transaction that the staff members are not acting as
licensed brokers to the transaction, but as representatives of the GCHA and its interests.
1. All purchasers and sellers are advised to consult legal counsel regarding
examination of the title and all of the contracts, agreements, and title
documents. The retention of counsel, licensed real estate brokers, or such
related services shall be at the purchaser's and seller's own expense. The
fees paid to GCHA are to be paid regardless of any actions or services that
the purchaser or seller may undertake or acquire.
2. All purchasers and all sellers will be treated fairly and impartially.
Questions will be answered and help will be provided equally to any
potential purchasers or sellers in accordance with the current lnclusionary
Zoning Guidelines. Staff shall prepare listings, sales contracts, extensions
to contracts, and closing documents, and undertake all actions necessary
to consummate the sale or contact with a licensed real estate broker to
complete these actions.
3. GCHA staff shall attempt to help both parties to consummate a fair and
equitable sale in compliance with the current lnclusionary Zoning
Guidelines.
D. Maximum Allowed Resale Price.
1. Affordable Housing Units shall have a Deed Restriction carried with the
title, which restricts future sale of the Affordable Housing Unit to individuals
qualified by the GCHA as an owner for Affordable Housing.
2. Subsequent resale of Affordable Housing Units shall begin with a meeting
between the seller and the GCHA to go over Deed Restrictions and
determine allowed price. The resale price shall be fixed at the time
notification in writing by the owner of his/her desire to sell.
3. The Maximum Resale Price of Affordable Housing Units will be determined
by the GCHA utilizing a formula defined in section 8-303.A.1.b.
E. Maintenance Standards for Maximum Resale Price.
It is the responsibility of the owner to maintain the Affordable Housing Unit in good
condition. The following are minimum standards to receive full value upon resale. lf GCHA
determines that the owner has failed to meet these standards, the GCHA may deduct
these repair costs from the sale proceeds.
1. Clean unit;
2. Carpets steam-cleaned 3 days prior to closing;
3. All scratches, holes, burned marks repaired in floors, walls, and counter
tops, etc.;
4. No broken or foggy windows;
5. All screens in windows, if originally provided;
6. All windows and doors in working order with no holes;
7. All locks on windows and doors in working order;
GaRprElo Couttw Leruo Use aruo Deveuopnaerur Cooe 8-11
All keys provided, e.g. door, mail box, garage;
All mechanical systems shall be in working order;
Walls paint ready, e.g. all holes patched, all nails removed;
No leaks from plumbing fixtures;
No roof leaks;
Any safety hazards remedied prior to closing; and
All light fixtures shall be in working order.
F.Lottery Process.
The GCHA will conduct a lottery for each Affordable Housing Unit or group of units as they
become available, both for initial sales and resales.
1. ProspectivePurchasers.
a. No waiting list shall be maintained. New and separate applications
must be submitted for each newly-available Affordable Housing
Unit or groups of units.
b. Prospective purchasers shall register by application at the GCHA
office.
All applications will be reviewed for completeness and information
verified.
d. GCHA shall make a determination of qualification consistent with
this Article.
Prospective purchasers are encouraged to investigate Sources of
financing prior to submitting an offer for purchase of an Affordable
Housing Unit and can obtain names of lenders from the GCHA.
GCHA may require a pre-qualification or pre-approval letter from a
lender with the application.
Conduct of Lottery. GCHA shall conduct lotteries for available Affordable
Housing Units as follows:
All applications by Qualified Applicants for the specific Affordable
Housing Unit sale, that have been determined complete and
accepted by the GCHA, shall be included.
Priority One applications shall be included in Lottery Round One.
Each application, upon being drawn by random selection, shall be
assigned a numerical position based on order drawn.
A separate Lottery Round Two for Priority Two applications shall be
conducted. Each application, upon being drawn by random
selection, shall be assigned a numerical position based on order
drawn.
The Affordable Housing Unit choice will be offered to applications
in the order drawn in Round One.
Remaining Affordable Housing Units, if any, will be offered to Round
Two.
The GCHA shall designate the length of time an offer shall be
available to a Qualified Applicant before the offer is considered
withdrawn or void.
g. lf an offer is deemed withdrawn or void, an offer to the next
sequential Qualified Applicant shall be made.
8.
9.
10.
11.
12.
13.
14.
2.
b.
c.
d.
e.
GeRrrsto GourrY LAND UsE lruo Developnaerur Cooe 8-12
G. Fees.
Unless otheruuise required by the Deed Restriction, the seller will pay GCHA a sales fee
equal to 2o/o of sales price paid as follows:
1. 1o/o paid at determination of the sales price by the GCHA credited toward
the2% total requirement. GCHA reserves the right to waive the immediate
collection of 1o/o and to collect the full 2o/o o'f the sales price at closing.
a. This portion of the fee will not be refunded if seller fails to perform
in compliance with the listing contract, refuses to accept full price
offers in cash or equivalent, or withdraws listing after advertising
commences.
b. Administrative costs incurred by GCHA will be deducted from fee
and the balance refunded if seller withdraws due to failure of bids
at maximum price and reasonable terms.
2. Balance paid at closing through the title company.
H. Memorandum of Agreement to the Deed Restriction.
The purchaser must recordL document acknowledging the purchaser's agreement to be
bound by the recorded Deed Restriction. This documentation must be filed with the
County ilerk concurrent with closing the Affordable Housing Unit sale. The form of the
document shall be acceptable to GCHA and the County Clerk. The original recorded
document will be held bY the GCHA.
8.404. OTHER REQUIREMENTS.
A. Co-OwnershiP and Co-Signing.
1. Any co-ownership interest other than joint tenancy or tenancy in common
must be approved by GCHA.
2. Co-signers may be approved for ownership of the Affordable Housing Unit
but shall not occupy the unit unless qualified by GCHA.
B. Permissible Financing.
Any Qualified Applicant who is selected to purchase an Affordable Housing Unit is
responsible for selection of their preferred financing option(s). However, the GCHA or
County may require that financing be obtained from an institutional lender, or a bank,
savings and loan association, or any other lender who is licensed to engage in the
business of providing purchase money mortgage financing on residential real property. ln
addition, any finanling used to purchase an Affordable Housing Unit must be a
conventional or portfolio program that offers fixed or intermediate variable rate terms
designed for entry-level buyers. Sub-prime and nonconforming products are not
permitteO. Financing more than lOOo/o of the sale price is not permitted. The GCHA shall
be permitted to request financing documents for verification purposes and to withdraw
Qualified Applicant status if financing is contrary to these guidelines.
c. Renting an Affordable Housing Unit during a Listing Period.
lf the Affordable Housing Unit is listed for sale and the owner cannot occupy the unit, the
Affordable Housing Unit may be leased with approval of GCHA.
1. Unit owner must submit a letter to GCHA requesting permission to lease
the listed unit.
2. The tenant must be a qualified renter certified by GCHA using the sale
criteria as applied to the purchaser of the unit.
3. The unit must be rented in compliance with requirements of this Article, the
Deed Restriction, and Homeowner Association documents. The renter
Ganrrelo Couttw LAND UsE AND DEvELopmelt Cooe 8-13
must acknowledge that he/she has received, read, understands, and will
abide by the requirements for tenancy.
4. There must be a written lease with minimum rental term of 6 months and a
maximum rental period of 2 years. There will be a 30-day move-out clause
from closing in event the Affordable Housing Unit is sold.
5. The HOA must receive notice of intent to rent and have reasonable
opportunity to comment.
D. Leave of Absence for Owners of Affordable Housing Unit.
lf an owner must leave the area for a limited period of time and wishes to lease the unit, a
leave of absence may be granted by the GCHA.
1. The owner of the Affordable Housing Unit must submit a letter to the GCHA
at least 30 days prior to leaving the area.
2. The letter shall document the reason for leave of absence and commitment
to return.
3. The maximum initial term of absence is 1 year.
4. An extension may be granted for 1 additional year, but in no event can
absence exceed 2 years. Extension shall be granted only if rental of the
Affordable Housing Unit complies with requirements of the Deed
Restriction and this Article.
E. Setting Rents for Allowed Leasing of Owned Units.
Unless otherurrise provided by the Deed Restriction, the rent shall be determined based
upon the following considerations:
1. The owner's cost which includes:
a. Loan principle and interest and mortgage insurance;
b. Homeowner Association fees;
c. Utilities remaining in owner's name; and
d. Property taxes and homeowners insurance.
2. Rental applicants must be approved by the GCHA and must meet the
income restrictions set forth in section 8-302.
F. Roommates.
An owner may rent a room in the Affordable Housing Unit under the following conditions:
1. The owner continues to reside in the Affordable Housing Unit and the unit
is his/her sole and exclusive place of residence.
2. The Deed Restriction or Homeowner Association documents do not
prohibit leasing to roommates.
S.405. GRIEVANCE PROCEDURES.
Any person aggrieved by a decision of the GCHA may file a written complaint with GCHA Board.
The grievance must be received by the GCHA within 10 days of the date of the alleged action
complained about.
A. File Written Complaint.
The complaint shall contain the following information.
1. Grounds for complaint;
2. Action requested; and
3. Name, address and phone number of complainant and similar information
for any authorized representative.
Ganrrelo Coutry LAND UsE AND DEVELopmerur Cooe 8-14
B. Schedule Hearing.
A hearing before the GCHA board shall be scheduled for the next regularly scheduled
board meeting. The hearing may be continued at the board's discretion.
C. Review of Documents.
The GCHA board and the complainant shall have sufficient opportunity before the hearing,
and at the expense of the complainant, to examine documents, records and regulations
that are relevant to the complaint. Documents that have not been requested and made
available prior to the hearing may not be relied on during the hearing.
D. Hearing Process.
The complainant shall be entitled to a fair hearing that provides the basic safeguards of
due process, including notice of hearing and an opportunity to be heard in a timely
reasonable manner.
1. Conduct of Hearing.
a. lf complainant fails to appear at scheduled hearing, the GCHA
board may make a determination to postpone the hearing, or to
review and act upon the complaint based upon the written
documentation and evidence submitted.
b. Review of oral or documentary evidence shall not require strict
compliance with the rules of evidence applicable to judicial
hearings. However, the complainant may not present documents
at a hearing concerning eligibility which have not been previously
submitted and considered by the GCHA in reaching its decision of
ineligibility.
c. The right to cross-examination shall be at the discretion of the
GCHA board and may be regulated by the GCHA board as it deems
necessary for a fair hearing.
2. Hearing Record. The following documents shall constitute the hearing
record:
a. Written complaint;
b. Written documentation and evidence considered at the hearing;
and
c. Minutes of the meeting and record of decision.
E. Decision of the GCHA Board.
The GCHA board shall provide a written decision that includes the reasons for its
determination. The decision of the board shall be binding on the GCHA, which shall take
all actions necessary to carry out the decision.
1. lf a determination is made of ineligibility for a lottery, and the hearing of a
grievance cannot be scheduled before the lottery takes place, the
complainant's name may be placed in the appropriate category of the
lottery. lf the complainant's name is chosen, then the closing will be
postponed until the GCHA board can make a decision on the eligibility of
the complainant.
2. All persons submitting an application for eligibility to purchase an
Affordable Housing Unit will sign an agreement stating that if they are found
ineligible and the decision is later overturned either by administrative or
court action, their sole remedy will be applied for in the lottery for the next
available unit in the event that unit originally applied for has been sold.
Glnrrero Courury LAND UsE ruro Deveropnaerur Cooe 8-15
The lnclusionary Zoning Guidelines set forth in this Division 4 shall be reviewed periodically by
the GCHA. Revisions to the guidelines shall be processed as a text amendment pursuant to
section 4-114.
GlRrteto Courlw LAND UsE lruo Drvelopmeur Cooe 8-{6
EXHIBIT
September 3,2016
Garfield County Planning Department
108 Bth Street
Glenwood Springs, CO 81501
Subject: Code Text Amendment
To the Garfield County Planning Department
This letter is a follow-up to the letter from Bruce Barth at Red House Architecture
dated October L3,2Al5 (see attached). My name is Sarah Ludington and I own a 10-
acre parcel on County Rd. 129 in Glenwood Springs. As my kids are heading off to
college, I am ready to subdivide my lot and build a much smaller house on the north
portion of the property that will be more suitable to my future needs. Ideally, I
would like to break ground in Spring, 20L7.
My plan is to design a structure with a small footprint that is site specific and
addresses the immediate topography of the lot [see survey attached). The current
Garfield County Land Use Code does not allow for site-specific design nor does it
give any consideration for house size/footprint as it relates to envelope size. In
short, there is no avenue to build a small home that fits the topography of the site
and does not require an extensive building envelope.
I was advised over a year ago that the Garfield County Planning Department was
getting ready to enact a code text amendment for land use code section 3-2021d)(2)
that would make it possible to apply for subdivision that creates a lot with a
building envelope less than L acre with slopes under 30o/o, My request is that the
code text amendment is approved in your September meeting. I need to be able to
subdivide the property in order to proceed and have been waiting quite some time
already.
Thank you for considering this request.
Sincerely,
P o.'1*n, </ .t Jct-,5$-,r
Sarah Ludington
lla-cl'tt qelY
October 13, 201-5
Hri* tr[r_]ir5iil
architecture
Garfield County Building Department
108 8'h Street
Glenwood Springs, CO 81601
design +
SubjecL Code Text Amendment
Dear Glenn:
Please accept this letter as a request for the Garfield county planning staff to initiate acode text amendment for land use code section 3-2o2(d)(2i. rn" code section requires"Lot Size I Acre or Greater. A minimum Building eru"iop" of 1 acre, that does notcontain Slopes 3o%a or greater, shall be required"in order io subdivide a parcel thatotherwise meets all the zone district criteria for subdivision.
The referenced code section above does not allow for the ability to relate the structureand its siting and design to its lot and building envelope size. It also elimi,5rr rv rLD r\rL drrLt uuilulng enverope slze. lt also eltminates the abilityto create site specific design for more unique lots withln subdivisions. Furthermore rhereFurthermore, thereare other provisions in the code that allow development in other situations on slopes of3O7o or greater.
Please contact me with any questions or comments.
Sincerely,
Bruce Barth
Red House Architecture
0802 Lt
build
815 blake avenue glenwood springs colomdo 816101 p97O945A7,$ I E7Ogq7 gt3.l m.redhroerchitectu.e.com
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