HomeMy WebLinkAbout2.0 Resolution 80-180ecnrde4 a
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STATE OF_ COX ORADO
ss.
County of Garfield
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PMGE`
ii&eet ng of the Board of County Commissioners for G . t&a County, Colorado;
'held at the Court House in Glenwood Springs an Tuesday
, •
al day of
August /i. D. 19 80 , there were present
Richard C. Jolley •
Larry Velasquez •
Flaven J. Cerise:
Arthur A. ADpl anal p, -
Nancy
, Nancy Sprick Page,. Deputy
when the following proceedings,:among others were had and done, to -Wit:
, Comnussioner: Chairman
, Commissioner
Commissioner
County Attorney'
Clerk of the Board
RESOLUTION NO. 80-180.,
RESOLUTION CONCERNED WITH AMENDING THE. COUNTY,'
ZONING RESOLUTION 01' 1978,
WHEREAS, on the 2nd. day ,of January, 1979 ,, this Board •
of County Commissioners''of.:Garfield : County, Colorado, adopted
Resolution No 79-1, : concerning a Zoning Resolution for the
County of Garfield, State of Colorado; and
WHEREAS, this Board is aut}'orized by the provisions:,
Of .: C.R.S. . .19'3, 30-28-109. through 30-28-116 :.to. provide for
the: approval, of amendments to such Zoning Resolution, and
the Board has so amended the said Zoning Resolutson; and
WHEREAS, pursuant to such authority, this Board has
proposed certain text amendments to the said' Zoning.'Pesolu
tion,: which were on file for public :`inspection -in the Office
of the Gar i eld County 'Clerk. and record; r for a period . of
thirty days beginning. the 15th day of May, '1980; and
WHEREAS.', a public hearing ::as a d cn the 23rd day
of June, 1980, upon the question of the adoption of the pro-
posed text
roposed'text amendmcnts, pursuant to public notice required
by law, and.
WHEREAS, the',public: was, at such public;; hearing, given
the opportunity to voice its Opinions .: regarding the proposed
text amendments, which opinions ,have been given: full consid-
eration by this Board;- and:
WHEREAS, this Board has.determined that certain:of
the
proposed .textamendment, are necessary to make `.thee afore-:
mentioned'' Garfield County Zoning Resolution. consistent with -
Colorado statutes and to improve ° the efficiency and clarity
of said Zoning Resolution;
NOW, THEREFORE, BE IT RESOLVED by the Board of. County
Commissioners- of Garfiel:d County, Colorado, that the Garfield
County Zoning Resolution, adopted by this Board of the 2nd
day of January., 19.79, and .identified_: as its Resolution 79-1 ,
as subsequently amended by this Board, shall be and hereby
is amended as follows':
BOOK 553 P!cE715'
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.235,
which shall appear between Sections 2.02.23 and 2.02.237, and
which shall read as follows:
2.02.235 Extraction: See Section 2.02.31(1)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.237,
which, shall appear between Sections 2.02.235 and 2.02.24, and
which shall read as follows:
2.02.237 Fabrication: See Section 2.02.31(3)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, -identified as Section 2.02.365,
which shall appear' between Sections 2:02.36 and 2.02.37, and
which shall read as follows:
2.02.365 Material handling: See Section 2.02.31(6)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.405,
which shall appear between Sections 2.02.40 and 2.02.41, and
shall read as follows:
Commercial Park: A structure or a group of structures
whose use shall be limited by special use permit to.
specified uses involving sales or services arid other-
wise permitted by right, condi ticnal use, or by special
use within the zone district in which the structure
or group of structures is to be located.
The Garfield County Zoning Resolution shall be amended'` by
the addition of a new section, identified as Section 2.02.445,
which shall appear between Section 2.02.44 and 2.02.447, and
which shall read as follows:
2.02 445 Processing: See Section 2.02.31(2)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.447,
which shall appear between Sections 2.02.445 and 2.02.45, and
which shall read as follows
2.02.447 Repair: See Section 2.02.31(5)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.495,
which shall appear between Sections 2.02.49 and 2.02.50, and
which shall read as follows:
2.02 .495 Storage: See Section 2.02.31 (4)
The term "public event" appearing in Sections ,.02.03, 3.10.01,
3.10.03, and 3.10.04 of the Garfield County Zoning Resolution
shall be amended to read "public gatherings".
Section,';
shall :be
ct on
aril 'be
. 04 'of the Garfield:: County - Zoning• Resolution
amended ;to read'. as .foll`ows:
Resource . Lands
Gentle: slopes,`'and =lower .valley floor
Uses, by right: Ranching, farming and general ag_
riculture, accessory usesand structures related
to agriculture, guiding and outfitting.
Single-family dwelling 'units: and customary accessory
uses;
Kennel, riding stable and;: veterinary • clinic;
Retaia establishment for sale of goods processed
from raw materials produced on the lot.
Uses,.;:. conditional;
Church, comriunity building; day nursery and school;
studio for conduct of arts and crafts;` home occupa-
tion; mobile home as accessory use to ranch or
farm operations; utility airport, feedlot as princi-
pal use of the lot.
Uses, special; allowed by permit only: industrial
support facilities which would include material
handling, pumping facilities,:` electric distribution,
warehouse facilities/staging areas, fabrication:
areas, storage areas, water impoundments, access
routes, 'utility lines', pipelines;: extraction,
processing, accessory uses to the above; camper
park, hunting lodge, mineral waste disposal areas;
public ga tnerings;. commercial park.
Min:_mum Lot ;:Area: ,`•`- 2 : acres
Maximum : Residential Lot Coverage: ' " 15 ::percent
Required Setback, other than industrial:
(1) Front yard:..: (a) arterial streets 100 :: feet::
:from street centerline or :75 feet froin front lot
line, whichever is greater;
(b) local streets: 75. feet; from. street centerline
or 50 feet from front lot line, whichever is
greater;.
•
.........:...
(2) Rear yard::. 125 feet,
(3) Side 'yard: 100. feet from side lot line or
1/2 the . height of the principal building, which-.
ever is greater.
Required Setback, industrial: 100 feet from any
property line unless otherwise .° permitted by special
use permit.
Maximum ;Height of Residential Building: e (not
related to to ':agriculture) 25 :feet
Additional Requirements All uses shall be subject
to the provisions under Section 5 ' (Supplementary
Regulations)
.0_
an'�
3. of the Garfield County Zoning Resolution.
ereby is amended to read as follows
R{FetK..: 5.7t
Section 3.01 :thro'ugh :S ci:ion 3:0^0: of :ti1s�: uar i :ld County
Z•on•ing Resolution'shall:`be amendedfollows:.
3.01.
3.01.01
3.01.02..
TtnE-
AGRICULTURAL/INDUSTRIAL
Uses, by richt: Agricultural, including ' farm,
garden'. greenhouse , ' nursery, orchard, :',ranch, small.
animal farm for production of poultry, fish, fur
'bearing
and other small animals, and customary
accessory uses including buildings for shelter
and enclosure of persons, animals or property
employed in any of the above uses, retail 'estab-
lishment for sale of 'good ':processed ::. fromraw
materials produced on the lot,
Kennel, riding stable and veterinary clinic,
guiding and outfitting;
Single-family dwelling and customary accessory
uses only where it is accessory to the uses listed
Uses, conditional: Aircraft landing stri:p, airport
utility, salvage yard and sanitary land -fill; mobile.
home as accessory use to ranch or : farm operations .
Home.:: occupation,:S:torage:.:.
3.01..0.3 Uses, special: Camper' park,; mobi1,e;home as .prin-
cipal . use of : the lot
Airport air carrier.
Plant for fabrication ofgoods from Processed:
natural resources; material handling, pumping
facilities, electrical distribution,, warehouse,
facilities/staging areas, fabrication areas,
storage areas, water iinpoundment, access routes,
utility lines, :pipelines;..; extraction,; processing;
public gatherings;` commercial park.
3.01:04 Minimum Lot P..rea: 2:acres
3.01.05 Maximum. Residential Lot Coverage: 15'percent:
3.01.0.6. Minimum, Setback: (Unless otherwise permitted by
special .use permit.)
(1) Front yard (a) arterial streets: 75 feet'
from centerline feet from : lot: line,'.: Which-
everr is greater.::
(b) 'local streets: 50. feet .from: `street centerline
or.: 25 feet from..front lot line, whichever is greater,
(2) ` Rear yard: ::''25 feet from rearlot. line
(3); s'Side yard :: 10'feet :.from .side lot line, . or
1/2 the building height, whichever is greater.
.01.0.7 Maximum Height of Buildings 40; feet (Unless
otherwise permitted by special use permit:)
'Additional Requirements:' A11 'uses :;shall ` be:subject',
to the provisions of Section 5 (Supplementary •
•
Regulations)': ;:
Section 3.07 03` of ;the 'Garfield County Zoning Resolution shall':
be amended: to read as follows
3.07..'03. Uses, special: Automotive service station or
washirg: facility;'' calilper park, nmobile home park;
Any use by right in this zone district used principally'.
asa drive-in establishment where the customer receives
goods or services while occupying a vehicle; water im-
poundments; storage; commercial park
Section 5.03.01(A)(5) of the Garfield County Zoning Resolution
shall be amended to read as follows:
Written notice' of the public hearing as required by
Section 9.03.04 of this Resolution shall be sent b.
the applicant to the land owners`: within two hundred
(200) feet of the lot on which the :mobile home is to
be located at least fifteen dayspriorto the public
hearing by certified returnreceipt mail. The return
receipts, showing receipt of notice by. such property
owners, shall be given to the Planning Director at
least five (5) days prior to saidhearing, unless the
applicant is : able to :otherwise show evidence:, of receipt
of adequate. notice.: Notice by publication required
by said Section 9.03.04 shall be given in a newspaper
of general circulation once, at least fifteen (15)
days prior to hearing:
The finalparagraph of Section 5.03.09 of the Garfield County..
Zoning Resolution shall be amended to read as follows
- In considering whether a use should be added to those
uses listed for a zoning district, the Board's Proce
dure shall be -:that of text amendment consideration,
which may be combined, if the proposeduse is to be
conditional or special, with the conditional or special
use permit procedure set forth herein
The first paragraph of ;Section 5 04.02 of the Garfield County,
ZoningResolution `shall` be > amended to read as : follows:
5.04.02 fevelopment' Limitations' .B„sed on Lot Slope
Land whose original and undisturbed slope is or was in
excess of 40% shall not be credited toward lot area in
determining whether a lot meets the minimum lot area
requirements set forth in the zone districtregulations,
except that up to one-half of the requirement : for open
space may be comprised of lands in excess of 40% in
,slope, and no structures or use involving the disturbance
of the land shall be : allowed unless lateral support is
provided to any affected adjacent landowners, as demon-
strated by the materials required by this section.
Section 5 04.05 of the Garfield County. Zoning Resolution shall
be amended by deleting the sertence which reads as follows:
No lot shall be so restricted by lot ,: area, floor . area
ratio or sanitation requirements to a point where it
cannot be occupied by. a single-family dwelling containing
up to 1500 square feet` of floor area.
The second paragraph.of:Section 9.02..03of,the Garfield County
Zoning
g.Resolutonshall:be-amended by changing the reference .:
to "Sections 9.03.03 (1) and : (2) " to read "Section's 9.03.04 (1)
and .(`2 )
Section 9.05.0.1 of the Garfield County Zoning Resolution shall
be amended to read as follows: . .
9.05.01 Application An application for a variance
shall be made to the County Building Official in a form
prescribed by'the County and shallconsist of ::an appli-
cation
for a permit as provided in, Section 9.01 and ?ny
other section related to the :requested use or '`interpre-
tati
on, plus:
(1) Anyadditional information deemed necessary by.
BOOR ; 553 P!GE719
the Building. Official in crder to permit th3 Hoard
of Adjustment to fully understand the issues which
it will consider;
(2) A statement from the applicant setting forth
the specific provisions of this Resolution from which
relief is requested, the nature and degree of relief
sought, and the reasons in justification thereof
(3) A fee in an amount set by the Board of County
Commissioners by separate resolution, in order to
defray the cost of processing and consideration of
the proposed variance.
Section 9.05.04(2) of Garfield County Zoning Resolution shall
be amended to read as follows:
(2) Notice by mail shall be sent by certified return
receipt mail to all owners of all property within two
hundred (200) feet of the subject property at least
five (5) days prior to hearing, and the return receipts
showing receipt of notice shall be presented at the
hearing by the applicant, unless the applicant is
able to otherwise show evidence of adequate notice
to such owners.
Section 10.04.01 of the Garfield County Zoning Resolution shall
be amended to read as follows:
Prior to final adoption of any amendment to this Reso-
lution, the County Commissioners shall hold a public
hearingthereon, at least thirty (30) days notice of
the time and place of which shall be given by at least
• one publication in a newspaper of '`general circulation
in the County. Exceot for text amendments, notice
of such public hearing shall also be sent;by certified
return receipt mail at least fifteen (15) days prior
to such hearing to all owners of record of property
adjacent to the lot or lots subject to the proposed
amendment, and the return receipts showing receipt
of. notice shall be presented at the hearing by the
applicant, unless the applicant is able to otherwise
show evidence of adequate notice to such owners.
BE IT FURTHER RESOLVED that the foregoing amendments shall
be effective immediately, that a copy of this amending -Resolu-
tion shall be filed and recorded with the Garfield County Clerk
and Recorder, and that all other provisions of the said Garfield
County Zoning Resolution shall remain in full force and effect.
ATTEST: BOARD OF COUNTY COMMISIONERS
GARFIELD COUNTY, COLORADO
Dep.ity Cl.erk of the Bdard Chairman
Upon 'motion duly made and seconded the foregoing Resolution was adopted by the following 4ote:
Richard C.Jolley Aye '
Larry Velasquez Ay
Flaven J. Cerise Aye
Commissioners
STATE OF_COI:O$%d3d.tt:
Cooley; of aarfieltf 11
tit �
r County Cieik anu ex -officio Clerk of the Board of County Commissioners
fhb r tkt 8ountyr»ar?Si State 4fores4d do ereby certify that the annexed and foregoing Order is truly copied from the Records of
ediags o the'l3etartef Coiir ti^�j t pmmissioncrs for' said Garfield County, now in my office.
•f l U ,: (�`,: w i
r IN TIiESS; bEf•I� have h count° set my hand a111 affixed the seal of said County, at Glenwood Springs,
ay 6 ... A.D.'19..
C?
County Clerk and ex -officio Clerk of the Board of County Commissioners.'