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HomeMy WebLinkAboutPC Staff Report- Code CorrectionsMEMO TO: Planning Commission FROM: David Pesnichak, Senior Planner DATE: July 25, 2018 RE: Code Corrections tn July 20L3, the Board of County Commissioners adopted the Garfield County Land Use and Development Code. Since that time, numerous updates and amendments have been completed to the Code. As Applicants ancl Staff continue to use this code, however, additional corrections and minor issues have arisen that need to be addressed in order to correct scrivener's errors, clarifu intent and continue to streamline customer service. Recently, Staff has identified possible updates in specific sections including Articles 3,4,5,7, and 15. Staff brought these corrections before the Board of County Commissioners and the Planning Commission in public meetings on June 18,2078 and June 27,2OI8 respectively. The purpose of these meetings was to gain initial feedback on the proposed amendments prior to the formal public hearings. Staff has provided a list of code sections that have been identified for possible amendments by either ¡nternal staff or Applicants and has provided the following recommendation for correcting or clarifying the code section, as follows: 1..í ìir , tl(,ri.,;trj¡j , ,jiì, r.í,.¡¡rtlír:1 1r'.1 íL;;l 1; r:j:ji',"jùí:;1:j.,;,^,!ùii;:',r ¡)j;lììlí:'i ilí')li 1: llPage Proposed Land U se and Development Code Amendments ARTICLE 3 Existing Proposed Page 3-5 Table 3-201 Building Height Footnote 2: "Or 7f2 of building height, whichever is greater" for determination of side yard setback. This option has yet to be utilized and complicates the Code. Delete Footnote 2. Page 3-5 Table 3-201 Lot Coverage Currently Residential Uses in the Rural and RLGS Districts are restricted to 15% lot coverage while all other uses are unlimited. Make Lot Coverage for Rural and RLGS L5%1or all uses and specifically exempt agricultural uses. ARTICLE 4 Page 4-3 4-101.(cx3)Review by Referral Agencies This section requires that comments received after the referral period shall be considered no comment. Change to "may" be interpreted as no comment. This allows comments received after the deadline to be considered at the discretion of the decision making body. Page 4-9 4-106(A)(2)Amendments to An Approved Land Use Change Permit This section references "...Zoning Resolution of 978". This is a scrivener's error. Change to "...Zoning Resolution of 1978". Page 4-2t 4-L18(A)Waiver of Standards Currently only allows Waivers from Article 7 Standards as a part of a Land Use Change Permit. No process is identified for a By Right use to request a Waiver. Add allowance for By Right uses to request a Waiver from a specific Article 7 Standard through an Administrative Review process. 2lPage Page 4-24 Table 4-201-Submittal Requirement 5 While applications must meet the dimensional requirements for access as outlined in Section 7-107 with all Land Use Change Permits as a Standard, it is currently not included as a Submittal Requirement. ln Table 4-201, "Within Written Narrative / Additional Submissions", add "Demonstration of Compliance with Section 7- LO7" for Administrative, Limited and Major lmpact Review. Page 4-40 4-203(MX1)(bXsXc )Water Quality Testing Code currently requires test of alpha/beta radioactivity. Alpha / beta radioactivity is no longer a part of CDPHE's Colorado Deluxe water testing package, which was the basis for the list of contaminants to be tested in the LUDC. Delete alpha/beta radioactivity from testing list. ARTICLE 5 Page 5-3 Table 5-103 Vacating a Final Subdivision or Subdivision Exemption Plat There is currently a check mark under " Recom mendation". Staff believes this is a scrivener's error as any other use calls out the recommending body (such as "PC"). Delete checkmark under "Recom mendation" ARTICLE 7 Page 7-23 7-30t Lighting Standards Single Family Dwelling Units currently exempt from Lighting Standards. Since Single Family units are exempt from Require Single Family Dwelling Un¡ts to be subject to these standards. 3lPage this standard, the County is not able to enforce lighting issues emanating from single family dwelli units. Accessory Structures in Setbacks - Retaining Walls Retaining Walls not specifically called out as an accessory structure allowed in the setback. Add Retaining Walls to Examples under Heading B in Sectio n 7 -I2OL(S\, Accesso ry Structures, and in Table 7- 1201(B)title. Page 7-57 7-r20LB. Remove "Agricultural Land Within..." from Table 7- 1201(B). This would allow accessory structures within the setbacks with limitations within all zone districts. Currently RS/RU/RM H P zone districts are not allowed to have fences, walls or hedges within the setbacks unless the property is utilized for agricultura I purposes. Accessory Structures in Setbacks Accessory Structures in Setbacks currently limited to Agricultural Land. Page 7-57 7-t20LE.t. Currently, most zone districts allow a property owner to pursue an Administrative Review for structures over a certain height within the setbacks. This process is currently not available to properties within the Residential Suburban, Residential Urban, and Residential Manufactured Home Park Districts. Add Foot Note for RS/RU/RMHP zone districts to pursue Administrative Review Process for accessory structures (fences, walls, hedges) within the setback higher than the prescribed height (currently 8 ft. within these zone districts). Page 7-57 7-12018.Accessory Structures in Setbacks 4lPage Page 7-28 7-404 C.3.a.Payment in Lieu of Dedication of School Land Requires appraisal to determine market value of land. Strictly, only a licensed appraiser can conduct an appraisal. Change "appraisal" to "comparative market analysis" to allow individuals other than an appraiser, subject to Director approval that the individual is otherwise qualified, to conduct the valuation. ARTICTE 15 Article 15 "Street" Definition No Definition Add "Street. See'Road"' Article 15 " Local" Definition No Definition Add "Local. See'Road"' Article L5 "Arterial" Definition No Definition Add "Arterial. See' HighwaV, Arterial "' Page 15-6 Article 15 "Arterial Highway" Definition Currently two definitions for Arterial Highway exist in the Code, one as "Arterial Highway" and one as "Highway, Arterial". The definition for "Arterial Highway" pertains generally to the Code while "Highway, Arterial" that pertains specifically to Article L4 (LO4t Regulations) of the Code. While both definitions are necessary and are applicable, since they are labeled differently ("Arterial Highway" vs. "Highway, Arterial"), it can cause confusion. Staff recommends changing "Arterial Highway" definition to "Highway, Arterial" so that both definitions are contiguous within Article 15. Page L5-27 Article 15 Definition of "Setback" Definition requires setback from property line, not roadway, if applicable. Not all property lines match road right of way boundaries if the road is within an easement or it is prescriptive. Amend Setback definition to read: " The minimum horizonta I dista nce between the front, rear, or side property line, or edse of local or arterial public or Countv road surface, or edRe of local or arterial public or Countv rieht of wav (e.9. easement) edee, whichever is greater, and the front, rear, or side of a structure. " 5lPage Page 15-10 Article 1.5 Definition of "Dwelling Unit, Single Family or Single-Unit" Definition restricts mixed use of buildings and restricts structure to 1 kitchen. Amend Definition of "Dwelling Unit, 5ingle Family or Single-Unit" to read: "A bu i I d i ng ¿esign€d€<etusively used for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing €nùr4 a kitchen plus living, sanitary, and sleeping facilities. " i tl, )1,r,,,j ivt j' j rtti,rtlr"i t, i r,l l, ri r:.¡1, ri f , i,fr This process requires a noticed public hearing before the Planning Commission for review and recommendation and a noticed public hearing before the Board for a final decision. Section 4-11"4 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: a. The proposed text amendment is ¡n compliance with any applicable lntergovernmental Agreements. There are no intergovernmental agreements impacted by the proposed text amendment. b. The proposed text amendment does not conflict with State law. The proposed text amendments do not conflict with State law' t. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission was extensive and complete, that all pertínent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the Code Text Amendment is in compliance with the criteria for approval established in Section 4-Lt4 of the Land Use and Development Code; and :l:tta iir,i,ìilil J ,..j,¡'', ,í:j: r,. ';j:')J:¡ ..,irYillljl''l;:¡;111 jì': i,l I f r;! r/1 ir/l ; i l:L t,i l,t.' i t ir: I lr 1 I ii {r,,f; 6lPage 4. That for the above stated and other reasons the proposed Code Text Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. TlPage DIVISION 2. ZONE DISTRICT REGULATIONS. 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. 3-201. ZONE D|STR|CT DtMENSIONS. Table 3-201 identifies the dimensional standards for each zone district. Front Arterial Local Rear SidezMinimum Lot Areal Maximum Lot Coverage ("lol Maximum Floor Area Ratio Zone District 50 25 25 10 R:25 NR:402 acres R15 NiARural R 25 25 10 2520,000 s.f 50 5Oo/o 50Residential - Suburban RS 25 25 10 257,500 s.f 50 5Oo/o 50Residential - Urban RU 25 25 10 252 acres 50 50 Residential-Man ufactured Home Park MHP R:25 C:7.5 10 40NC: 75 C:85 50o/o 50 25Commercial - Limited CL 7,500 s.f 405Oo/o 25 R:25 C:7.5 l0Commercial - General CG 7,500 s.f NC: 75 C:85 40N/A 50 25 25 10lndustrial I 21,780 s.f 75 25 25 25 25 5035 acresPlateau RLP 25 25 25 25 5035 acresEscarpment RLE 25 25 25 5035 acres 25Talus Slopes RLTS 25 10 75R152525Gentle Slopes RLGS 35 acres R: 2 acres Subject to FAA, FAR Part 77, Airporl Layout Plan, Building Codes, and other applicable Federal, State, and local standards and regulations Public Airport PA Public Lands PL 3 Telecommunication Facilities may exceed maximum height provided they are reviewed (if required) and approved pursuant to Table 3-403, Use Table. 4= Parapet walls may exceed building height limitations by 4 feet. ä Stacks, vents, cooling towers, elevator cupolas, towers, and similar noninhabitable building appurtenances, and of a Place of Worship shall be exempt from height limitationscupolas, spires, and belfries constructed as part 1 . Unless otherwise required by section 7-105, Adequate Central Water Distribution and Wastewater System Legend R=Residential NR=Nonresidential C=Commercial NC=Noncommercial Tabfe 3-201 : Zone District Dimensions Lot Size Setbacks (feet) Height (feet) GIRTIeTo COururY LIruO USE AND DEVELOPMENT CODE 3-5 scheduled for a Director's Decision shall be reviewed within 30 calendar days of a determination of completeness. C. Review by ReferralAgency. 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. 2. 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. 3. 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. At the discretion of the decision-making body, A a lack of timely response sha{l may 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. 2. 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. 3. 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 otherwise specified by State law. b. Written/Mailed Notice to Adjacent Property Owners and Mineral Owners. Grnnelo Coururv Leuo Use AND DEVELopue¡lr Cooe 4-3 Notice required for PC and BOCC hearings.Subject to Minor or Substantial ModificatbnDetermination oer section 4-106.lf zoned Resource Lands see 4.1 07.8(3)PC hearing reguires inclusion in posted agenda.BOCC hearino reouires oublication and mailinq.Per Administrative Review, secÍion 4-103.Notice to be provided at least 7 calendar days but nomore than 30 calendar days prior to hearinq.The BOCC shall provide notice as required by theoriginal application. lf no notice was required, ndiceshall be adequate if included in a oosted aoenda.Notice required for PC and BOCC hearings.Corrections shall be processed per sectíon 4-113.8.Notice for PC and BOCC hearings published 15davs orior to hearinoAdditionalRequirementstt,tttoaoÀ{tútvvv,JJútttgtúEt(I(vt(Notice as required by companion application" orAdministrativeReview for Bv Riqht Use.Required Noticeıo.c.t2¡r¿o-t(vaaavav(((avv((tBOCCBOADBOABOCCDBOCCBOCCDDBOCCDBOAPCBOCCBOCCPCPCPCPCavavavtaaJvtvvavvav(atvtavvJYtatttaDetermined by companion application-orAdministrative Review for Bv Riqht Use.t./vtaavJaat.laIv./vttvva(attAccommodation Pursuant to FederalFair Housinq ActAdministrative ReviewLimited lmpact ReviewMajor lmpact ReviewAmendments to an Approved LUCPMinor Temporary Housing FacilityVacation of a County Road or PublicROWDevelop. in the 1O0-Year FloodplainDevelop. in the 100-Year FloodplainVarianceLocation and Extent ReviewCall-Up to the BOCCRezoningCode Text AmendmentVarianceAdministrative I nterpretationAdministrative lnterpretation AppealWaiver of Standards4-1044-1054-1064-1074-1084-1094-1104-1114-1124-1134-1',t44-1154-1164-1174-1184-1194-103Tabfe 4-102:. Common Review Procedures and Required NoticeSection 4-101.Applicable Review ProcedureBoard of AdjustmentsBoard of County CommissionersDirectorPlanning CommissionA(¡)ooooocio-I(,bo-o ðe .Þ €Ë658..9çg 3Fg Ë :3 ,to Ë=.r:otso>oätıZEAıçsË ü g " Erui5t'dDPCBOABOCCBCDEFGH¡GrRprelo Coururv LAND UsE AND DEvELopMENT CoDE4-7 B. Review Process. 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 Griteria. An application shall comply with the applicable standards of this Code. 4-106. AMENDMENTS 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 L978; 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 1 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 denied based upon the criteria in section 4-106.C. lf approved, the Director shall provide written notice to the Applicant and cause an amended Land Use Change Permit to be recorded upon satisfaction of any conditions of approval. GaRprelo Coururv LAND UsE lruo Developnaerur Cooe 4-9 C. Review Griteria. 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 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. A request for a waiver from a specific Article 7 standard for a Bv Riqht use as identified in Table 3-403 shall be processed as an Administrative Review Land Use Chanqe Permit (Section 4-103). 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. 2. 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. G. 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. 4.119. ACCOMMODATION PURSUANT TO 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 GnnnElo Coururv L¡ruo Use n¡lo Developr'íeNr Cooe 4-21 Demonstration of Compliance with Section 7-107Demonstration of Compliance with Section 7-107Demonstration of Compl¡ance with Sect¡on 7-107Amendment Description, subject to Minor or SubstantialModification determi nation oer section 4-l 06.See Section 4-301 for additional submittal requirements.See Section 4-302 for additional submittal requirements.Statement of request and response to standards.Demonstration of general conformance with the Comp.Plan and compliance with anv applicable lGAs.Application materials as determined by DirectorLegal description of propertyWritten description of amendment and justification.Statement of request and response to standards.Submitted with companion application--or determined byDirector for Waiver of Standard for Bv Riqht Use.Written Narrative/Additional Submissionsvvvv(vAdministrative ReviewLimited lmpact ReviewMajor lmpact ReviewAmendment to an Approved LUCPMinor Temporary Housing FacilityVacation of a County Road or Public ROWDevelopment in I OO-Year FloodplainDevelop. I O0-Year Floodplain VarianceLocation and Extent ReviewCall-Up to the BOCCRezoningCode Text AmendmentVarianceAdmi nistrative lnterpretationAdministrative lnterpretation AppealWaiver of StandardsAccommodation, Federal Fair Housing Act4-1034-1044-1054-1064-1074-1084-1094-1104-1114-1124-1134-1144-1154-1164-1174-1184-1181 A development agreement will be required for any project for which the Applicant is requesting a vested rights period longer than 3 years.2 An improvements agreement may be required for any proiect for which public improvements are necessary.Table 4-201: Application Submittal RequirementsSection4-203. B C D E F G H I J K L M N Oe,Ë5(!-Q*dcE f P- iË EfÈ r, ı:Ë6 EEËEJ=.Ed)6r=È.9g. *$ sËå åË"å* åcL ı q c' q 3È Ë Ë Ë + c .=*=-Fåür=,Þ *gqı äãËFlEËË$#ËËËËsÊGrRnelo Gou¡¡ry LAND UsE lt¡o DevelopMENT CoDE4-24 c. 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, and zinc . 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 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: (f ) 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 conditions. (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 report, including basic well data (size, depth, static water level, aquifer, etc.) pumping rate, draw down, recharge, and estimated long{erm yield. The report shall be prepared by a qualified 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 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 all easements and costs associated with operation Grnnero Courury Lr¡¡o Use mlo Developuelr Gooe 440 All types of notice for both PC and BOCC-Per Adminbtrative ReviewAll types of notice for both PC and BOCC.All types of ndice for both PC and BOCC.Sec{ion 4-103.Additiona! Requirementsttoo¡¡¡ÀE0tooo.!,.E(Û=IIPerAmended Preliminary Plan Section 5-304.Per Administrative Review Section 4-103.Per Administrative Review Sec'tion 4-103.Required NoticeIITTiIBOCCBOCCIDIPCBOCCPCBOCCPCBOCCDBOCCDDDBOCCPCPCIIPC;III;III;ISketch Plan (Optional)Final Plan/ PlatYield PlanPreliminary PlanAmended Preliminary PlanFinal Plan/PlatAmended Final PlatCommon lnterest CommunityVacating a Final Subdivision orSubdivision Exemotion PlatPublidCounty Road SplitRural Land Development('10 Lots or Fewer)Rural Land Development (GreaterSketch Plan (Optional)Minor Subdivisionthan 10Preliminary Plan5-303.C.5-303.D5-303.E.5-3045-3055-3065-3075-2025-2035-2035-3015-302.B.5-302.C.5-302.D.5-303.8.Conservation SubdivisionAmendments, Re-Subdivisions Plat VacationMinor SubdivisionMajor SubdivisionGInrIeIo Cou¡¡rv LAND UsE AND DEVELoPMENT CoDE5-3 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. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. Suâgfe- 7 -301, COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. Single-family dwelling units are exempt from this section. 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 Gharacteristics. 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. 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. ln 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 detract from adjacent buildings or uses. 7.302. OFF.STREET PARKING AND LOADING STANDARDS. Single-family dwelling units are exempt from this section. 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. 7-17 6. 7 DIV¡SION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 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 arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. 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 served or 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. 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. 2 2 Spaces Per UnitSinole-Unit 2 Spaces Per Unit2-Unit 2.5 Soaces Per UnitMulti-Unit 2 Spaces Per UnitManufactured Home Park 1 Space Per UnitTransitional Housino I Soace Per 100 Square Feet of Seatinq Area 1 Per Staff Auditorium/Public Assembly Areas Overn Shelter 1 Soace Per 300 Souare Feet of Floor Area2Public Facilitv Lodoinq Health Feet of Floor1SPer 1 Space Per Room I Space Per Every4 SeatsRestaurant and Tavern I Soace Per 250 Souare Feet of Leasable Floor AreaRetail, Service, or Office 1 space per 2,000 square feet of Floor AreaWholesale Establishment, Warehouse, Rail or Truck Freiqht Terminals 1S IS Recreational Vehicle 1.000 Feet of Floor Area Recreational Vehicle Park Manufacturi nq Establishments Table 7-302.4.: Minimum Off-Street Parking Standards By Use Use Type Parking Standard RESIDENTIAL USES INDUSTRIAL USES PUBLIC/INSTITUTIONAL USES COMMERCIAL USES 1 Spacere Feetto 2 SpacesGreaterThan 10,000 Square Feet Table 7-302.8: Off-Street Loading Requirements Gross Floor Area of Buildi ired Berths or 7-18 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 tratfic. 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 of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to less than 4 feet. H. Compact Gar SPaces. ln parking areas containing more than 10 spaces, upto20o/o 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. Z. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions. REGULAR SPACE I'X 20' COMPACT CAR SPACE 8'X16'MINIMUM 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. 1 7-19 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 areas shall be located and designed in conjunction with a driveway so that velricles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1-way drive and 24feetfor a2- 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 parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. 7.303. LANDSCAPING STANDARDS. Single-Family Dwelling Units, Accessory Dwelling Units, lndustrial Uses and all uses located fully within 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 successfully revegetated with a mix of native, adaptive, and drought- tolerant grasses, ground covers, trees and shrubs. The density of the re- 7-20 2. established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines B. Multi-Family Development. Lots in a Residential Zone District that contain multi-family dwellings shall be landscaped in the areas not covered by impervious materials. 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 Gompatible with Local Gonditions. 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. 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. Deciduous Trees. Deciduous trees shall be a minimum of 1-1l2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-112 inches in caliper, measured at a point 4 inches above the ground. 6. 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. 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, but may be used for snow storage if designed in compliance with section 7- 305, Snow Storage Standards. 7-21 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 right-of-way line, and a straight line joining said lines through points 20 feet 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 7-303.8. ROW CLEAR VISION AREA RESTRICTED PLANTI NG AREA Figure 7-303 A: Clear Vision Area Space. ffiTTrl CLEAR IMUM Figure 7-303 B: Plant Material in a Clear Vision Area. Landscaping Within Off-Street Parking Areas. 1. All off-street parking areas containing 15 or more spaces shall provide landscape buffers when adjacent to a public road. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the right-of-way. 2. lnterior Parking Areas. Planting shall be established to break up the interior of all parking areas. 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. 7-22 * ? I .r J AREA 3zeFf3(Jtı J zú.uF-z ffiE ffiE Ern @t trF (@ 8' MIMINIMUM PLANTING STRIP 8' MINIMUM PLANTING STRIP Figure 7-303 C: Planting Strip 7.304. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. 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 snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5o/o of the total area of the required off-street parking and loading area, including access drives, shall be designated to serve as a snow storage area. B. Storage in Parking Spaces Prohibited. Required off-street parking and loading areas shall not be used for snow storage. 7-23 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 WALKWAY STANDARDS. Single-family dwelling units are exempt from this section 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, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be 8 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 structures and/or traffic control devices may be required at road crossings to avoid unsafe road crossings. G. 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. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS 7-24 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-1 School District. For all property not located in the RE-1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school district to pay for school impacts. 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-in-lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements for public sites and Open Space set forth in this Code. 3.Formula for Payment. Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Payment a. Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appratse+ valuation 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 appraise+ valuation 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 appfaise+ valuation, the Applicant's appraisal valuation 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. 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 30-28-133. 4. 7-28 8 Feetl 8 Feetl 8 FeetlAqri€sf+u+e++and-ì¡lithin R, RL-P, RL-E, RL-TS and RL-GSI 3 Feetl 6 Feetl 6 FeetlR-S, R-U and RMHP 6 Feetl 6 Feetl 6 FeetlC-1. C-G, I and PL 1 Structures proposing to exceed the Maximum Height may be erected if reviewed and approved through an Administrative Review (section 4-103) where the structure: is required to maintain the agricultural use or the other existing uses on the property; does not in any manner adversely impact the operation of any adjacent public right-of-way or roads; does not adversely impact the natural lighting or visual corridor of adjacent properties; and a. b. c. d.will not obstruct criticaltraffic areas along roadways -lableT-12O1 B: Accessory Structures (e.9. Fence, Hedge or Wãl¡) Helghts Maximum Height c B. Accessory Structure. Accessory Structures, for example fences, hedges, retaining walls, or walls, may be located within any required yard setback provided the requirements in Table 7-1201 B and Clear Vision Area standards in section 7-303.1. are met. Marijuana, Personal Use, Medical Use or Careg¡ver 1. Any person growing marijuana for their own medical use, for their patients' medical use, or for personal use shall comply with the County land use code and the adopted Building Code. 2. Any person growing marijuana shall grow it in an Enclosed Locked Space not viewable by the public or adjacent property. 3. All cultivation of marfiuana shall only occur as an accessory use to a Dwelling Unit. 4. All cultivation of marijuana shall only occur in the primary residence of the patient, caregiver or person ovet 21 years old, or in an accessory structure on the same Property. 5. Each Lot is restricted to the following marijuana growing space and plant count limitations regardless of the number of patients, primary caregivers, or persons over the age of 21 residing on one Lot: 300 Contiguous Square Feet and not to exceed 36 Plants per Lot 20,000 Square Feet or more and with 2 or fewer Dwelling Units 100 Contiguous Square Feet and not to exceed 12 Plants per Lot Less than 20,000 Square Feet and with 2 or fewer Dwelling Units 100 Contiguous Square Feet and not to exceed 12 Plants per Dwelling Unit Any Lot with 3 or more Dwelling Units Table 7-120f C: Marijuana, Personal Use, Medical Use or Caregiver Lot Size and Dwelling Unit Count Grow Area and Plant Count Limitation 7-57 Anaerobic Septic Tank (Subsurface) or Disposal Method. A small-scale sewage treatment system, with no connection to a Central Sewer System, that uses an anaerobic bacterial environment in order to decompose or mineralize waste discharged into the tank. Animal Processing. A USDA-inspected facility primarily engaged in slaughtering animals, preparing processed meats and meat byproducts, and/or rendering or refining animal fat, bones, and meat scraps. Excluded from this definition are custom meat processing and wild game processing facilities, as defined and permitted by the USDA and CDPHE. Animal Sanctuary. An establishment for the harboring, keeping, care, and secure and humane containment of wild and/or domesticated animals. The facility may also provide education to the public regarding the care of all animals. Applicant. A person or entity having fee ownership of the subject property and submitting a development application. Approach Surface. See l'Airport lmaginary Surfaces." Approved Affordable Housing Entity (AAHE). An entity other than the GCHA who administers the management of Deed Restrictions in the approved Affordable Housing Plan. Appurtenances. The visible, functional, or ornamental objects accessory to and part of a building. Area Around a Rapid or Mass Transit Facility. As it pertains to Article 14, an area immediately and directly affected by a Rapid or Mass Transit Facility as defined herein. Area of Shallow Flooding. An area designated as Zone AO on the Flood lnsurance Rate Map (FIRM) with a 1o/o chance or greater annual chance of flooding to an average depth of 1 to 3 feet; where a clearly-defined channel does not exist; where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheetflow. Arterial. See H hwav. Arterial, er any limited aeeess highway eenstrueted under the supervisien ef the Celerade Department ef +ranspe#e+r€n At-grade. On the same level as the established grade Auditorium. See"CommunityMeeting Facility." Average Daily Traffic (ADT). The average number of 1-way vehicular trips that are generated from a particular land use during a24-hour period. Bakery. A commercial establishment for the production of baked goods, primarily for sale to other commercial establishments. Base Flood. A flood having a 1o/o chance of being equaled or exceeded in any given year. The term is used interchangeably with "intermediate regional flood," "1OO-year flood," and"1o/o- chance flood." GrRHem Counw LAND UsE tlrlo Devetop¡lerur Gooe 15-6 Dwelling Unit, Single Family or Single-Unit. A building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing eng-4 a kitchen plus living, sanitary, and sleeping facilities. Easement. A right granted by a property owner permitting a designated part or interest of the property to be used by others for a specific use or purpose. Eating or Drinking Establishment. An establishment for the sale and consumption of food and beverages on the premises, or with drive-thru accommodations. Educational Facility. Buildings and uses for instruction or research activities associated with an academic institution that has curriculum for technical or vocational training that may be, but is not limited to, kindergarten, elementary, secondary, or higher education, including residential facilities for faculty, statf, and students. Electric Power Generation Facility, Large. A facility designed to generate electricity by the conversion of natural resources such as coal, natural gas, or water with generating capacity of 10 megawatts or more, and any appurtenant facilities thereto. Electric Power Generation Facility, Small. A facility designed to generate electricity by the conversion of natural resources such as coal, natural gas, or water with generating capacity of less than 10 megawatts, and any appurtenant facilities thereto. Emergency Gare Facility. A health care facility providing primarily outpatient emergency care for the diagnosis and treatment of individuals. Emergency Shelter. A facility providing intermediate-term housing to people with limited financial resources, including people who are homeless or are abused mentally, physically, or emotionally and need to escape a threatening situation. Accommodations may also include food, counseling, transportation services, and service to support the personal care of the residents of the facility, including medical care, dental care, and hygiene. Enclosed Locked Space. A permanent or semi-permanent structure covered and surrounded on all sides (eg. walls, roof and doors) so that no plants are visible to the public or adjacent property that is secured at all points of ingress or egress with a locking mechanism designed to limit access such as with a key or combination lock. Environment. As it pertains to Article 14, all natural physical and biological attributes and systems, including the atmosphere, climate, geology, soils, groundwater, surface water, Wetlands, vegetation, animal life, physical features, natural hazards, topography, and aesthetics. Expansion to an Existing Manufactured Home Park or Subdivision. For Floodplain purposes, the preparation of additional sites by the construction of facilities for servicing the lots on which Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Excavation. The removal of earth material by artificial means, also referred to as a "cut." Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid or liquid state from its naturally occurring location; the initial step in utilization of a natural resource. Examples include shale and coal mines, gravel pits, and timber cutting. Grnr¡Elo Coulw LAND UsE AND Developme¡¡r Cooe 15-11 Landslide Area. An area with demonstrably active mass movement or rock and soil where there is a distinct surface rupture or zone of weakness that separates the landslide materialfrom more stable underlying material. Mudflow Debris Area. An area subject to rapid mud and debris movement or deposit occurring after mobilization by heavy rainfall or snowmelt runoff. Such areas are formed by successive episodes of deposition of mud and debris. Radioactive Area. An area subject to various types of radiation emission from radioactive minerals that occur in natural or manmade deposits of rock, soil, or water. Potentially Unstable Soils. An area of land identified as having soils that may cause damage to structures, such as buildings and roadways, as a result of over saturation or some other outside influence. Hazard, Geologic. A geologic phenomenon that is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. Hazardous Waste or Materials. Hazardous waste or hazardous materials as defined by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division. Height. The highest point of a structure or tree, plant, or other object of natural growth, measured from mean sea level. Height, Building. The distance, measured vertically, from the average undisturbed or natural ground grade horizontal plane of a building footprint to the top of a flat roof or mansard roof or to the mid-point between the eave line and the peak of a gable, hip, shed, or similar pitched roof. Heliport. Any designated area used for the landing and taking off of helicopters. The use may include all necessary passenger and cargo facilities, fueling, and emergency service facilities. Helistop. As it pertains to Article 14, a minimally-developed Heliport for landing and discharging passengers or cargo not intended for refueling or maintaining itinerant helicopters. Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Highway. As it pertains to Article 14, State and Federal highways and major County arterials. Highwav. Arterial. Anv limited access hiohwav that is part of the Federal-aid interstate svstem or anv limited-access hiqhwav constructed under the supervision of the Colorado Department of Transportation. Highway, Arterial. As it pertains to Article 14, a principal arterial road as defined in the Garfield County Road and Bridge Design and Construction Standards that has an Average Daily Traffic count of 5,000 or greater. B. c D E. G¡nrrem Couxry LAND UsE et.¡o Developmexr Cooe l5-15 Licensing Authority,Local. The Garfield County Board of County Commissioners that shall be responsible for regulating and controlling the licensing of the cultivation of Medical Marijuana in unincorporated Garfield County. Licensing Authority, State. The Colorado Department of Revenue, the authority created pursuant to the Colorado Medical Marijuana Code for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of medical marijuana in Colorado. Line, Distribution. Any power line designed for or capable of the transmission of less than 69 kilovolts of electricity. Line, Transmission. Any power line designed for or capable of the transmission of 69 kilovolts of electricity or greater and that emanates from an electrical power generation facility or electric substation and terminates at a substation. Local. See'Road'. Lodging Facitity. An accommodation for a temporary stay that includes, but is not limited to, a resort lodge, guest ranch, motel, hotel, boarding house, and bed and breakfast establishment. Lodging Facilities exclude Short Term rentals, Temporary Employee Housing on premises, and contracted employee housing off premises. Lot. Any legally created parcel of land including, but not limited to, lots on a legally recorded Plat. Lot Area. The area of the horizontal plane within the lot lines of a lot. Lot Coverage. The portion of a lot that is covered or occupied by buildings and structures. Lot coverage does not include areas such as driveways, parking, or walkways; nor does it include cantilever construction so long as the cantilever construction is at least I feet above the ground. Lot Line. The external boundary of a lot Lot Line, Front. The boundary of a lot dividing it from the adjacent street right-of-way line, from which primary access to the property is gained. Lot Line, Rear. The boundary of a lot opposite the Front Lot Line Lot Line, Side. Any boundary of a lot other than the Front or Rear Lot Line Lot Size. See "Lot Area." Lot Slope. The gradient or configuration of the undisturbed land surface of a lot or building site that shall be established by measuring the maximum number of feet in elevation gained or lost over 40 feet or fraction thereof, measured horizontally in any direction between opposing lot lines. The relationship of elevation or vertical measurement is divided by the horizontal measurements to be expressed as a percentile. Lowest Floor. The Lowest Floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such GnRHem Courry LAND UsE lruo Devetopl'ileNr Cooe l5-19 Public Utility. A common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service, or similar public services. Pure Live Seed. The percentage of seed that has the potential to germinate within a measured 1 pound weight of any seed lot. Rapid Transit. As it pertains to Article 14, the element of a mass transit system involving a mechanical conveyance on an exclusive lane or guideway, rail trackage, or monorail facility constructed solely for that purpose. Reach. A term to describe longitudinal segments of a river, creek, or other watercourse. Recreation, lndoor. A building in which recreational activities such as bowling, roller skating, or ice skating take place. Accessory offices, retail sales of equipment, and a restauranVbar may occupy the building. Recreation, Outdoor. An area or facility that offers entertainment, recreation, or games of skill, where any portion of the activity takes place outside and may include lighted areas for use after dusk. Recreational Vehicle. A unit primarily designed as temporary living quarters for recreation, camping, or travel that either has its own mode of power or is mounted or drawn by another vehicle. Recycling Gollection Center. A center for the acceptance and temporary storage of either recyclable or organic materials to be transferred to a processing or composting facility. Recycling Processing Facility. A facility where recyclable and organic materials are collected and processed. Processing includes, but is not limited to, baling, briquetting, compacting, flattening, crushing, mechanical sorting, shredding, and cleaning. Regulations. As it pertains to Article 14, governing rules for areas and activities of State interest as set forth in this Article 14. Repair. To restore to a good condition or working order after decay, injury, etc.; restoration of a damaged object to its original physical shape. Examples include automobile, equipment, and appliance repair. Residential Subdivision-The division of land into two or mo re oarcels for the ouroose. whether immediate or future, of sale or of buildinq development explicitlv includino. but not limited to, residential uses. Retail, Equipment, Machinery, Building Materials. An establishment for the retailing, renting, or leasing of equipment, machinery and materials stored in an indoor or outdoor lumber yard Retail, General. An establishment for the retail sale of merchandise to the general public or the provision of personal services to the public that includes, but is not limited to, an antique shop, art gallery, grocery store, clothing and dry goods store, shoe store, sporting goods store, hardware and paint store, drugstore, florist, furniture store, gift shop, hobby store, office supply store, package liquor, pet store, resale store, electronics store, agricultural products retail outlet, and mechanical and plumbing supply store. GeRnelo Cour.¡w LAND UsE AND DEvELoPuetr Cooe 15-26 Se¡vice Road. As it pertains to Article 14, a street or road meeting County specifications running parallel to a County, State, or Federal highway used to provide ingress and egress to a development located adjacent to that highway. Setback. The minimum horizontal distance between the front, rear, or side property line, or edoe of local or arterial public or Countv surface. or edoe of local or arterial pub tc or fìa¡ rnfrr rin ht nf tt la n aaearnanf\ ar{na whichever is nraaf ar and the front, rear, or side of a structure Sewage. A combination of liquid wastes that may include chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, or other solids in suspension or solution, and that is discharged from a dwelling, building, or other structure. Sewage Treatment Facility. A system or facility for treating sewage prior to discharge to an absorption area, surface water, or other approved location, for which the system or facility has a design capacity to receive 2,000 gallons of sewage per day or greater, and is regulated by the CDPHE. The term "sewage Treatment Facility" includes appurtenances such as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipment. Sheetflow. An overland flow or downslope movement of water taking the form of a thin film over smooth surfaces and not concentrated into pools or channels. Shelter. As it pertains to Article 14, a building or structure designed primarily to provide a waiting area for transit passengers. Shooting Gallery. An enclosed target range for practice or competition with firearms. Short Term Rentals. A residential dwelling unit that is rented for a period of one (1) year or less including uses such as nightly, weekly, monthly or seasonal rental of homes, lock-outs, and portions of homes consisting of 2 or fewer independent lodging units whether managed by a lodging management agency or not. Sign. Any written or pictorial representation, form, emblem, banner, figure, or similar character that is: A. A structure or part thereof; B. Written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a building canopy, awning, or vehicle; C. Designed to attract attention and used as a means of identification or advertisement; and D. Not the American flag. Sign Area. The sum area of the surface of each plane, regardless of the shape, within the outermost edge or border of the plane of a sign. The computation of freestanding letters not attached to a surface or plane shall be made by determining the area enclosed within the smallest geometric figure needed to completely encompass all of the letters, words, insignias, or symbols. Sign, Business. A sign that identifies and directs attention to the business, service or profession, or activities conducted GnnnEro Goulw LeNo Use nHo Developnaenr Cooe 15-28 Speciat Flood Hazard Area. The land in the Floodplain within a community subject to a 1 percent or greater chance of flooding in any given year, i.e., the 1OO-year Floodplain. Statement of Authority. An instrument executed on behalf of an entity that identifies the name and position of the person authorized to convey, encumber, or othenrise affect title to real property on behalf of the entity. The instrument must comply with the requirements set forth in C.R.S. S 38-30-172(2)(d), and it must be recorded with the County Clerk and Recorder. The County may accept other documentation identified in C.R.S. S 38-30-172 in lieu of a Statement of Authority. Station or Terminal. As it pertains to Article 14, a facility constructed to provide and facilitate passenger access to and from airplanes or a rapid or mass transit system, including areas necessary for vehicle operations, parking areas for commuters, and roadways connecting to the general road and street system of Garfield County. Dedicated Park-and-Ride Facilities with 50 ór more parking spaces shall be deemed stations or terminals for the purposes of this Code, with or without a shelter facility. Shelters alone, or as part of traditional bus stops and pull-outs lacking 50 dedicated spaces, are not considered stations or terminals for the purposes of this Code. Start of Gonstruction. lncludes Substantial lmprovement and means the date the Building Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of Accessory Buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a éubslantial lmprovement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless if that alteration affects the external dimensions of the building. Storage. An area used for storing machinery, equipment, minerals or other products that may have accessory uses such as an office used for administrative or security purposes. Storage may include a laydown yard as generally associated with oil and gas operations. Storage, Gold Storage Plants. The storage of goods in an artificially cooled place for preservation. Storage, Hazardous Materials. The act of storing hazardous waste that requires a special State or Federal permit. Storage, Mini. Self-storage facilities composed of real estate with buildings divided into self- storagé spaces that are rented to rental space tenants on a monthly basis for the purpose of storing tenant property only. Street. See'Road' Structure. GeRnelo Counrv LAND UsE ano Developuelr Gooe t5-31