The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 08.17.2009Exhibits (8/17/09) Board of County Commissioners Williams Production RMT Company, Takings Determination Exhibit Letter AtoZ A B c D E F G H Exhibit Garfield Count Unified Land Use Resolution of 2008, as amended A lication Staff Memorandum ~ ·Pre-Application Summary Form for review process related to Extraction/Processin in Battlement Mesa PUD (with attachments Jfll ~rf!L? "'( ~~ ~ &~-t-~-r~s· rJ/-GW ft.Sl ~ ~ d COY1K_cA t ..( , MS no 1~~ '('J,l( CVl-Uvt \/\"-. o1--~VLJ 111iu--... ~o ~ --( C-cJ--~ -'--"-V~ jprccA-~ ~-Jn-~~ .f:pcc ~ ~!Jx--14+h I Planning Meeting Dates Updated: 08/1212009 Date File No. Appl/cant Time Request Review Staff Legal Board Staff SUP18708 EnCana-Khem Suthiwan IAoor. w/con'dl SUP: NPR Dr ill Fluid RecvclinR Svstem· EnCana DD DQ 8/10/09 LIRA4609 EnCana-Renata Busch (Appr w/con'dl 1:15 LIRP : FllE Storage BOCC DD DQ Mon MIRP2508 HiRh Mesa RV Park -Hi2h Mesa Partners MIR : Campround/ RV Park (Con't to 9/21) DD DQ Meeting Closed 8/12/09 Airport l ocation & Extent Airport Upgrades Dis cussion JN DQ SPP2409 Hl2hllne Ranch Subdivision (cont. from 7 /8) 6:30 Pr elimlnarv Plan PC 1V DQ Wed 8/17/09 1:15 BOCC Mon 8/26/09 Planning Commission training with Don Deford 6:30 PC Wed Meeting Closed ZDA17008 & Fl OQ 9/8/09 SPP16908 TCI lane Ranch, LLC 1:1 5 PUD/ PP BOCC Tues LPAA6003 GalX MiRerals llG PQSTING E>ID NQT QGGY R r"ft DQ KE 9/9/09 TXTP6109 Furr Text Amendment Amend 3-502 to allow lodging-Major in Rl 1V Code Amendments (cont. from 5/20 and 7 /8) 6:30 Code Amendments (cont. from 5/20) PC FJ OQ Wed 9/14/09 SPP9808 Glenwood Commercial, LLC Preliminary Plan Fl DQ 1:15 BOCC Mon 9/21/09 Oxv US WTP (Olsson Associates) Water lmpo undment DD DQ Oxv US WTP (Olsson Associates) 1:15 Professiona l Office BOCC DD DQ Mon MIRP2508 High Mesa RV Park · High Mesa Partners MIR: Campround/ RV Pa rk (con't from 8/10) DD DQ Ri vers Edge LL C (continued PH from 6/24) SUP : Gravel Extraction FJ DQ 9/23/09 6:30 Text Amendment to Section 7-917 Additional PC Wed Greg Lewicki Code Amendment Standard s Applicable to Grave l Extra ction 1V 10/5/09 Iron Bridge (LB Rose, LLC) Forfiture of Financial Guarantee FJ Mon Sun Meadows Estates 1:15 Forfiture of Finan cial Guarantee BOCC FJ LPAA6003 Cal X Minerals LLC UR Amendment (site wa sn't posted for 9/8) KE DQ Am end Art VII for Affordable Housing req for Rural 10/14/09 land Development Exe mption by adding new 1V Wed Dou2 Pratte Tex t Amendment • -6:30 sectio n. PC '?LAV \fl ,1.1 nu~ / f">MJ'lM) I f ,... I JACE LLC Pump Station DD DQ 10/19/09 JOLLEY 1:15 Water lmpoundment BOCC DD DQ Mon ~I JftL ~ w.~l~ ~'5> ~ r/r/10 REQUEST PROJECT APPLICANT LOCATION EXISTING ZONING I. DESCRIPTION August 17, 2009 Board of County Commissioners Takings Determination Takings Determination pursuant to Section 12-107 of the Unified Land Use Resolution of 2008, as amended Well Pads APO GV 82-5 and PA 41-9 Williams Production RMT Company Battlement Mesa Planned Unit Development -SE X Section 5 and NE X Section 9, Township 7 South, Range 95 West of the 5th P.M . Planned Unit Development pursuant to Resolution 81-121, as amended --· -. . . . . . . · ....... . . . .. .. . ·.· ... .. --. The Garfield County Code Enforcement Office issued Notice of Anticipated Enforcement (NOAE) on August 7, 2009 to Williams Production RMT Company (as mineral lessee) and Battlement Mesa Land Investments (as surface owner) for Extraction and Processing of Natural Resources for two gas well pads, GV 82-5 and PA 41-9, on lands within the Battlement Mesa PUD . On August 10, 2009 an application was submitted by Williams Production RMT Company for a 1 August 17, 2009 Board of County Commissioners Takings Determination Takings Determination related to the NOAE. Battlement Mesa Land Investments submitted its application for a Takings Determination, but without any supporting documentation, on August 12, 2009. This hearing is only for the Williams application. The NOAE was issued relative to Resolution No. 81-121 (EXHIBIT E), approved by the Garfield County Board of Commissioners, which contains the zoning regulations for lands within the Battlement Mesa PUD boundary. The PUD zoning requires a Special Use Permit for Extraction and Processing of Natural Resources within all sub-zones in the PUD. The County has not received application for, nor issued, Special Use Permits for either of these sites. 2 The land on which the violation occurs is identified as Tax Parcel #2407-081 -00- 152 which encompasses 1,248.873 acres within the PUD boundaries. The two maps below indicate the Battlement Mesa PUD Boundary (left) and the Oil & Gas activity occurring in the vicinity. Supplemental Information August 17, 2009 Board of County Commissioners Takings Determination A recorded Surface Use Agreement (SUA) exists dating back to August 6, 1990 (EXHIBIT J). Page 25 of that SUA, Section 17, stipulates that "Barrett shall provide Surface owners with a copy of all applications for Special Use Permits for operations within Battlement Mesa or within one- half mile of the boundary thereof, when such applications are filed in Garfield County, Colorado." Barrett was Williams predecessor in interest on these leaseholds. This clearly indicates some knowledge of the County regulatory requirements. EXHIBIT I, Memorandum of Surface Use Agreement, advises all interested parties of the existence and validity of an additional Surface Use Agreement as an unrecorded instrument on file with the respective parties. County Staff had requested a copy of that SUA and it has not been provided. II. CODE REQUIREMENTS RElATED TO LAND USE VIOlATIONS Article XII of the Garfield County land Use Resolution of 2008, as amended contains provisions related to Enforcements, Violations, Penalties and Appeals. 12-103 B., Enforcement Procedures, Notice of Violation, states that "Whenever the Enforcement Officials have personal knowledge of any violation of this land Use Code, such person shall give written Notice of Anticipated Enforcement to the purported violator that unless the purported violator files notice of taking of private property to the Board of County Commissioners within three (3) days of receipt of such notice, such person shall give written Notice of Violation to the purported violator to correct or cease and desist from continuing the violation" and further that ulf the purported violator requests a takings determination under Section 12-106 of the Land Use Code, no notice of violation shall be issued until a final decision on that request has been rendered by the Board of County Commissioners." 12-107 A. 1. Decision Review, Takings Determination, General A property owner who is ... recipient of a notice of potential violation, who believes they are adversely affected or aggrieved by a determination by an Enforcement Oflicial ... and who believes or contends that the determination ... constitutes a taking of all economically beneficial use of private property without just compensation in violation of the United States or Colorado Constitution or a taking of a vested property right, said property owner shall as a pre-requisite to ony appeal, defense of or judicial review of a decision, request a hearing pursuant to this section before the Board of County Commissioners. 3 Ill. STAFF RECOMMENDATION August 17, 2009 Board of County Commissioners Takings Determination A takings cannot be determined if other administrative remedies have not been exhausted, therefore Staff recommends that the Board direct Williams Production RMT Company to obtain the required Land Use Change Permits for the existing well pads, GV 82-5 and PA 41-9. As with other violations that have occurred in the County, Staff would recommend that we allow the violation to continue If the applicant, in good faith and compliant with code requirements, submits technically complete applications for Land Use Permits for these sites within 30 days of this takings hearing. Pursuant to Section 12-107 A. 5., Staff recommends that the Board: 1. Establish hearing dates as follow: Planning Commission October 14, 2009 Board of County Commissioners November 1, 2009 and; 2. Require that the applicant be responsible for the cost of notification for the above required public hearings. Notice of Violation for these sites shall be issued if applications are not submitted to -and determined to be complete by -the County within 30 days of this hearing -or if the Applicant does not obtain the necessary permits prior to December 1, 2009. The 30-day timeframe for submittal of a complete application is extremely short given that the County would have to receive the application and supplemental materials; review all of the submittal documentation; and, if not complete, the applicant would have to resubmit -all for a determination of a complete application within 30 days. Staff recommends the Board adhere to the tight timeframe due to the existence of the violation. IV. PROCESS Processing of applications for a Special Use Permit for Extraction and Processing of Natural Resources within the Battlement Mesa PUD is provided in Exhibit H. This contains direction that was provided regarding the Special Use Permit Process and the standards associated with the proposed use. A pre-application conference is the first step in the submittal process, however Williams met with staff on August 7, 2009 and discussed County requirements and processes, as well having received a copy of the EXHIBIT H which was the summary provided to Antero regarding the Special Use Permit Process. That meeting may be considered to satisfy the Pre-Application Conference for the Williams applications. 4 FROM ANNE. LANE Sen ior ( :m1n sd . l.ci;ol OcpJ rc111 cn1 ,,0.\/629-8450 .\'1.l/62?-8250 fax .1 11 11.b ne@williams.(c 1m Via Facsimile and Overnight Mail Fred J arrnan Building and Planning Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (MON)AU~ .... ~~~!ll .. "':5 1 /N o .7329042093 P 2 EXHIBIT f-j u1·~ 1111ams. ~ I 5 15 Anp:ihoc Srn:.:1 Tower Ill. Suire 1000 l><nvcr, CO H0202 Christopher Chappelle Code Enforcement Officer Building and Planning Garlield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Takings Determination Application Ladies and Gentlemen : In accordance with Article 12, Section 12-107 of the Unified Land Use Resolution of 2008, attached is an application for a Takings Determination, which is submitted in response to Williams Production RMT Company's receipt of a Notice of Anticipated Enforcement (copy attached). The Notice of Anticipated Enforcement alleges the failure to obtain land use pennits for two existing wells pads -the GV 82-5 and the PA 41-9. Due to the planned drilUng to commence on or about August 27, 2009, Williams is requesting an expedited hearing, to be held before the Board of County Commissioners on August 17, 2009. Please call with any questions. Sincerely, WILLIAMS PRODUCTION RMT COMPANY c ·--·· -,,.{/; ~ . ·Ann . e . .:/ Senior Counsel Cc: Deborah Quinn, Asst. Garfield County Attorney Cassie Coleman, Asst. Garfield County Attorney ) EXHIBIT D Garfield Co 8-7-09 BUILDING & PLANNING DEPARTMENT Williams Production RMT Company Attn. Sandy Hotard 1058 County Road 215 Parachute, CO 81635 NOTICE OF ANTICIPATED ENFORCEMENT The Garfield County Building and Zoning Code Enforcement Officer has reason to believe a possible Zoning violation may exist on your property located within the Battlement Mesa PUD on Parcel# 240708100152 Battlement Mesa, CO 81636. I have witnessed the illegal construction and usage of gas well pads# GV 82-5 and# PA 41-9 on land within the Battlement Mesa PUD in Parachute, CO. without the proper Land Use Permits in place with Garfield County. Land uses within the Battlement Mesa PUD are governed by the standards set forth in the PUD zoning adopted by Garfield County Board of County Commissioners Resolution 82-121 as amended, which requires a special use permit for construction and usage of gas well pads. You are hereby given notice that you may file a written application for a Takings Determination before the Board of County Commissioners within three (3) days of your receipt of this notice. If you choose not to apply for a Takings Determination, you will receive a written Notice of Violation to correct or to cease and desist from continuing the violation. Pursuant to Garfield County's Land Use Resolution of 2008, Article XII, the county may pursue any of the available enforcement procedures and penalties in connection with this violation. Garfield County Building and Zoning regulations, Enforcement Protocol and permit application forms are available at \w.rw.garfield-county .com in the "Building and Planning "directory or at the Building and Planning Office. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by · E-mail cchappelle@ garfield-county .com SGCff// Christopher ~le Building I Pl~! Code Enforcement Officer 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 r ( ... ,, , '·~·. ··.~ ,, . .. I '· EXHIBIT E '~ ' ~.-STATE OF <DLOAAOO ) ) SS. County of Garfield ) At a regular meeting of the Board of County O::rnmissioners for Garfield County, Col:ora::lo, held at the Court House in Glen\o.OOd Springs on Monday , the ~24th day of May , A..D . 19 82, there we~$enE: i-i£// __ .__ ___ _ ·-.. ;·-d.. ~ ,--··-· --_ -/t {.·1"f:'1 c_.. ,. _J.-tc:. _.;; , ·eommissioner Chariman ( Drink ous e , Canmissioner when the follqwin;:i proceedings, aron::i others i.;ere hcil arrl done, to-wi t: '' RESOUJrION 00. 82-121 A RESOLUI'IOO CDNCERNED WI'IH APPROi/AL OF A M){)!FICATION TO THE _ELANNED UNIT pfNELPPMENT PLAN OF THE M'!'tLEJ1ENT MESA PTANNED UNIT DEVELOPMENT. WBF:REAS, Battleirent Mesa , Inc. has file::l a p=:titio11 with the Board of County Comnissioners of Garfield County to rrodify the Planned unfi:· Development Plan of the Battlerrent Mesa Planned Unit ~veloprrent; ard WHEREAS , a p..iblic hearing was held by this Board. on April 19, 1982 arrl contin~ to May 3, 1982; ard •' WHEREAS , based on the evidence , testi!TOny, exhibits , study of the Canprehensive Plan for the unincorp:>rated area of the County, canrrents of the Garfield County Planning Department; (."(){TTI)ents of p.iblic officals and agencies, and comments fran all interested parties, this Board finds as follows : · .... '. · · · 1 . That proper [.Osting, p..iblication, and ;public ·r.iotice ·was .' provided . as. · ,.·~ requirerl by law for the hearin;:i before the Board; . . . , · . .· . , ·. 2. That .the h~aring ~fore the Board was extef!siv~ .and · comp~ete:, that, au ; pertinent facts , mattei:-s arrl issues \..ere submitted arrl that·'ail ·fntetes·t.oo· pci:rties· were heard at that hearing· · ' ··· · · · : ' · · ' ~ · · · " :· • I . 3. '!hat the Garfield County Planni·ng Commission ha~ reconvrieMed to .. this ·!30ard that the 1 equestoo m:>dification of the Pianned. Unit: Develqprtent · f'.lan : f:k·· grant'.¢:· · 4. That the prop:>sed zoning is in canpliance with· tliE! t'e~ndatl~ns::~et: ·: .. forth in the ·eomprehensive Plan for the unincoq::oraterl .area bf t:ti~ county;·.: · · .. , .. s. '!hat the prq:osed lard use will be ccmpatible With ~xi sting'· ¥rl r=ennttt(;a lard uses in the nearbY area; · · . .: . · 6 . , That for the above-stated and other reasons, the· proposed':,m:xJffication of the Planned Unit Developtrent Plan is in the best interes t of'· i:ne· health, safe.ty'; rorals , convenience, order, pcosi;erity and ~Hare · of tl)e cit.~zens of ·Garfield . · County ; .. ' ·• ' ·.f ·= ' .. i ·' ,. ' NCM, 'lliEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the petition of Battlement Mesa, Inc. for a noclification of the Planned Unit Development Plan of the Battlement Mesa Planned Unit development for the followirg described unincoq:orated area of Garfield County be ard hereby is granted and approved subject to the following conditions: . LEGAL DESCRIPTION: EXHIBIT A attached 1. 'l.hat the Battlement Mesa Planned Unit Development shall consist of the following zoning districts, the boundaries of .tiich shall be indicated ui;nn final plat of Battlement Mesa Planned Unit Development, or various final plats thereof, \<.tiich districts shall be identified as follows: SEE EXHIBITS B (TEXT) AND C (MAP) ATI'AOIED 2. All resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. '!his repealer shall not be construed as reviving any resolution of part thereof. ATI'EST: \ EDAR!l OF CDUN'IY CDMMISSIOOERS GARO'! EW CDUN'IY, CDLORA!Xl Up.:>n motion duly made ard secondErl the foregoing Resolution was a:lopted by the following vote: STATE OF ffiLCffWYJ, ) )SS. County of Garfield ) Flaven J. Cerise Aye ~~~~~~~~~~~~~~~ ~E~u~g~.e~n-'e~D~r~i~n~k~h'-'-'-o~u_s_e~~~~-'Aye ~L~a~r~r~v~V~e~l~a~s~q~u~e=z~~~~~~Aye Conmissioners I, , County Clerk and ex-officio Clerk of the Board of County Ccmm1ss10ners rn arrl for ttie County and State aforesaid do hereby · certify that the annexed and foregoing Order is truly copied frcro the Records of the proceedings of the &lard of County Canmissioners for said Garfield County, now in lllY office. ·IN WI'!NESS NfERIDF, I have hereunto set my hand and affixed the seal of said County, at Glenl<:>Od Springs, this day of , A.D. 19 County Clerk and ex-officio Clerk of the Board of County Canmissioners · .. ·. ' ' ~: ~ • ... 't~:~ EXHIBIT 11 t.11 REVISED PROPERTY DESCRIPTION FOR . ::··.:fa BATTLEMENT MESA PLANNED UNIT DEVELOPMENT April 15, 1982 A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 ·south, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5, S 00° 15' 43" \I a distance of 1628.34 feet, to the SE Corner of the N 1/2, NE 1/4, SE 1/4, SE 1/4 of Said Section 5; Thence along the South line of the N 1/2, NE 1/4, SE 1/4, SE 1/4, N 87° 19' 130" \./a distance of 664.56 feet, to the 5\.1 Corner of said N 1/2, N[ 1/4, SE 1/4, SE 1/4; Thence along the West line of the· N 1/2, NE 1/4, SE 1/4, SE 1/4 of Section 5, 11 oo•· 23' 16" Ea distance of 324.34 feet, to the N\.I Corner of said NE 1/4, SE l/4, SE l/4; Thence along the North line of the SE 1/4, SE 1/4 of said Section 5, N 87° 26' 14" W a distance of 663.79 feet, to the NW Corner of said ,Sf 1/4, SE 1/4; Thence along the West line of SE 1/4, SE 1/4 of said Section 5, s oo• 30' 52" \I a distance, of 1292.05 feet·, to the SW Corner of said SE 1/4, SE 1/4.; Thence along the South line of said Section 5, S 86° 59' 25" Ea distance of 1333.74 feet, to the SE Corner of said Section 5; · · Tt1ence along the North line of Section 9, Township 7 South, Range 95 \lest, s 87° 59' 43" Ea distance of 1326.37 feet, to the NE Corner of the NW 1/4, NW 1/4 of said Section 9; Thence along the fast line·of the NW 1/4, NW 1/4 of said Section 9, S 01° 02' 26" \./a distance of 1301.45 feet, to the SE Corner of Said N\/ 1/4; NW 1/4; Thence along the North lin~ of the SE 1/4, NW 1/4 of said Section 9, S 88° 02' 23" Ea distance of 1324.35 feet, to the 11E' Corner· of said SE 1/4, NW 1/4; Thence along the North line of the SW 1/4, UE 1/4 of said Section 9, S 88° 35' 51" Ea distance of 1275.60 feet, to the NE Corner of said S\/ 1/4, NE 1/4; Thence along the West line of the NE 1/4, NE 1/4 of said Section 9, fl 01° 04' 15" Ea distance of 1311.84 feet., to the NW corner of said NE 1/4, NE 1/4; Thence along the North line of said Section 9, S 89° 06' 43'' Ea distance of 1274.26 feet, to the NE corner of said Section 9; Thence along the East line of said Section 9, S 01° 00' 49" \,/a distance of 1323.29 feet, to the SE corner of the NE 1/4, NE 1/4, of said Section 9; Thence along the North line of the SW 1/4, NW 1/4 of Section 10, Township 7 South, Range 95 \.lest, S 88° 46' 55" Ea distance of 631.29 feet, to a point on the florth line of the said SW J'/4, .~\.11/4, 687 feet \.lest of the NE corner of said S\.I 1/4, NW ·1/4, said point being the Northwest corner of that '· ~ Page 2 \. parcel of 1and described in Document Number 19BS64 as recorded in Book 302, at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parce1 the following five (5) courses: (l) S 00° 49' 34" W a distance of 221.67 feet; (2) S 48° 09' 56" Ea distance of 361.92 to a point 456.00 feet, as measured at right angles, southerly from the North line of the Southwest 1/4, Northwest 1/4 of said .Section 10; (3) S 89° 17' 47" £a distance of 166.55 feet; (4) s 00'0 49' 34" w a distance of 201.43 feet; (5) S 89° 17' 47" Ea distance of 246.37 feet; to a ~oint on the East line of said SW 1/4, NW 1/4, 655 feet. South of the Northeast Corner of said SW 1/4, NW 1/4; Thence departing said parcel boundary along the East line of the SW 1/4, NW l/4 of sa.id Section 10, S 00° 54' 36" \./a distance of 667.20 feet, to the SE corner of said SW 1/4, NW 1/4; Thence along the fast line of the NW 1/4, SW 1/4 of said Section 10, S 00° 54' 38" W a distance of 1315.11 feet,· to the SE corner of said NW 1/4, SW 1/4; Thence along the.South line of the NW 1/4, S\.I 1/4 of said Section 10, N '89° 11' 04" ll a dist,ance of 1323.06 feet, to the Sii corner of said NW l / 4 , SW l / 4 ; Thence along the South line of the N 1/2, SE 1/4 of Section 9, Township 7 South, Range 95 West N 87° 19' 11" W a distance of 2557.45 feet, to the SW corner of ~aid N 1/2, SE 1/4; .Thence along the South line of the N 1/2, SW 1/4 of Section 9, N 88° 38' 08" W a distance of 2654.44 feet to the Sii corner of said N 1/2, SW 1/4; . . Thence along the South line of the NE 1/4, SE l/4 of Section 8, Township 7 South, Range 95 West, N 88° 43' 49" W a distance of1331.33 feet to the SW corner of said NE 1/4, SE 1/4 of Section 8; Thence along the West line of the SE 1/4, SE 1/4 of .Section 8, s 01° 20' 14" W a distance of 1316.23 feet to the Sii corner of said SE 1/4~ SE 1/4 of Section 8; Thence along the East line of the W 1/2; NE 1/4 of Section 17, S 01° 00' 57" II a distance of 2639.16 feet, to the SE corner of said W l/2, NE 1/4 of Section 17; lhence along the North line of the NE 1/4, SE 1/4 of Section 17, s 88° 46' 04" Ea distance of 1324.13 feet, to the E 1/4 corner of Section 17; Thence along the Easterly line of the NE 1/4, .SE 1/4 of Section 17, S 01° 01' 24" II a distance of 1320_50 feet, to the SE corner of the NE 1/4, SE 1/4, of Section 17; Thence along the Horth line of the Sli 1/4, SW 1/4 of Section 16, Township 7 South, Range 95 West, S 87° 41' 13" E a distance of 1330.94 feet, to t,he NE corner of said Sll 1/4, SW 1/4; Thence along the East line of the SW 1/4, SW 1/4 of Section 16, S 01° 03' 30" W a distance of 1322.00 feet to the SE corner of said Sii 1/4, SW 1/4; Thence along the South line of said Section 16 N 87" 37' 18" Ii a distance of 1330.20 feet, to the W corner of said Section 16; .;tJ·.·, '::~·J <{f) ' ' Page 3 .. I\ -~: Thence along the South line of Section 17, Township 7 South, Rnage 95 West N 88° 44' 01" W a distance of 1984.49 feet, to the sw·carner of the E 1/2, SW 1/4, SE'l/4; Thence along the West line of the E 1/2, SW 1/4, SE 1/4, N 00°59'11" E:; a distance .of 1319.91 feet, to the NW corner of. said E 1/2, SW 1/4, SE 1/4; Thence along the South line of the NW 1/4, SE 1/4 of said Section 17, N 88" 45' 02" W a distance of 661.78 feet, to the SW corner of said NW 1/4, SE l /4; Thence along the South line of ·the NE 1/4, SW 1/4, N 88° 45' 02" W a distance of 1158.58 feet, to a point lO·rods East of the SW corner of Said NE 1/4, SW 1/4; Thence N 01" 03' 04" Ea distance of 131.93 feet; Thence N 88° 43' 44" W a distance of 165.63 feet; Thence N 00° 55' 58" E a distance of 527.66 feet, along the West line of the NE 1/4, SW 1/4 to.the NE corner of the S 1/2, NW 1/4, SW 1/4; Thence N 88° 45' 33" W 1324.42 feet to the NE corner of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of Section 18, Tow.nship 7 South, Range 95 West; Thence along the North line of the E 1/2, SE 1/4, HE 1/4, SE 1/4 of said Section 18, N 88° 24' 33" w a distance of 329.86 feet, to the NW corner of said East 1/2, SE 1/4, NE 1/4, SE 1/4; Thence along the West line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said Section 18, S 00° 53' 57" W a distance of 659.61 feet to the SW corner of said E 1/2, SE 1/4, NE 1/4, SE 1/4; Thence along the South line of the NE 1/4, SE 1/4 of said Section 18, N 88° 26' 07" Ii a distance'of 989.84 feet to the SW corner of said NE 1/4,.SE 1/4; . Thence along the East line of the SW 1/4, SE 1/4, of·said Section 18, S 00° 55' 21" Wa 0 distance of 1320.46 feet, to the SE corner of said SW l/4, SE l/4; Thence along the East line of the W 1/2, NE 1/4 of Section 19, Township '7 South, Range 95 West, S 01° 06' 34" W a di.stance of 2642.08 feet, to the SE corner of said W 1/2, NE 1/4; Thence along the South line of the NE 1/4 of Section 19, N 88"41'12" W a distance of 1329.89 feet, to the SW corner' of said NE 1/4; Thence continuing Westerly along the South line of the NW 1/4 of said Section 19, N 88° 41' 12" 2570.38 feet to the SW corner of said NW 1/4 of Sectfon 1 g;, Thence continuing Westerly along the South line of.the NE 1/4 of Section 24, Township 7 South, Range 96 West, N 89° 32' 43" W a distance of 2673.12 feet to the SW corner of said NE 1/4; Thence along the West line of Said NE 1/4, N 00" 23' 55" W 1023.06 feet; Thence N 01°·25' 42" E 229.68 feet; Thence N 66° 11' 04" II 236.83 feet; Thence N 34° 29' 42" E 1613.03 feet; Thence N 88° 52' 30" W 202.82 feet; Thence N 00° 00' 00" E 461 .13 feet; Thence H 81° 10' 00" W 955.94 feet to the centerline of the Colorado River; Thence a long said center the fa 11 owing courses and distances; N 26° 28' z5• E 232.98 feet; N 30° 21' 25" E 206.15 feet; it 35° 25' 25" E 644.58 feet; N 29° 17' 25" E 829.38 feet; H 40° 24' 25" E 99.86 feet; N 36° 27' 25" E 150.05 feet; " Page 4 N 34" 54' 25" £ 163.27 feet; N 31° 12' 21" £ 266.75 feet; N 50° 36' 25" £ 686. 79 feet; H 72° 23' 50" E 390.95 feet; N 76° 17' 12" E 151.22 feet; H 77° 41' 27" E 463.54 feet; N.79° 53' 07" E 281.99 feet; H 79" 01' 50" E 87;91 feet; N 62° 57' 39" E 257.89 feet; N 27° 17' 27" E 312.44 feet; N 40° 46' 59" E 126.43 feet; N 24° 17' 40" E 197.27 feet; N 32° 26' 39" E 124.13 feet; N 60° Ol' 18" E 109.42 feet; N 74° 02' 49" E 226.07 feet; N 78° 19' 08" E 154.17 feet; N so• 40' 20" E ·444.46 feet; N 35° 52' 21" £ 149.32. feet; N 26" 41' 02" E 150.34 feet; N 14" 13' 25" E 511.69 feet; N 24° 54' 48" E 241.07 feet: N 14° 40' 02" E 996. 76 feet; N 04° 23' 25" W · 274.60 feet; N 08° 35' Q4" E 215.19 .feet; N 20° 08' 11" £ 79.88 feet; N 32° 27' 48" £ 71.69 feet; Thence leaving said Colorado River centerline S Bl 0 08' 11" E 526.15 feet; Thence North 01° 04' 10" East a distance of 485.22 feet; Thence South 88° 24' 36" East a distance of 83.00 feet; Thence North 53" 18' 25" East a distance of 635.50 feet to the southerly Right-Of-Way of the existing County Road; · Thence along said Right-Of-Way South 43° 14' 11" East a distance of 55. 74 feet; Thence continuing along said Right-Of-Way South 34° 04' 07" East 107 .02 feet; Thence continuing along said Right-Of-Way South 15° 35' 44" East 66. 56 feet; Thence North 72" 19' 16" West a distance of 13.56 feet; Thence South 79° 47' 18" .West a distance of 24.89 feet; Thence South 37° Z3' 26" West a distance of 100.52 feet;. Thence South 06° 07' 27" West a distance of 83.SZ feet; Thence North ~8° 48' 43" East a distance of 85.28 feet to the westerly Right-Of-Way of the existing County Road; Thence a long sa.i d Right-Of-Way the fo 11 owing courses and di stances; South 10° 11' 10" East a distance of 50.84 feet; Thence.244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said i::urve bears South o~· 50' 01" East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270. 10 feet the chord of said curve bears South 42" 18' 2~' East· 310.85 feet; Thence South 77° 25' 36" East a distance of 249.91 feet; ' .... ~ .. ; Page 5. Thence South 82° 00' 16" East 142.25 feet; Thence leaving said County Road Right-Of-\.lay North 13° 52' 58" East a distance of 60.00 feet; Thence South 76° 07' 01" East a distance of 196.00 feet; Thence South 66° 03' 01" East a distance of 92.80 feet; Thence North 64° 50' 00" East a distance of 12.2d feet; Thence South 86° 44' 06" East a distance of 201.00 feet; Thence Iler.th 01° 36' 29" East a distance of 650.00 feet; Thence North 86° 44' 01" West a distance of 359.65 feet; Thence North 01° 36' 06" East a distanc~ of 469.21 feet; Thence North 01° 32' lS" East a distance of 568.40 feet; Thence North 01° 39' 14" East a distance of 355.62 feet; Thence North 85° 54' 03" West a distance of 597.54 feet to the centerline , of the Colorado River; Thence al~ng said centerline the following courses and distances.: N 30° 34' 03" E 126.48 feet; ·N 11° 14' 23" E 262. 86 feet; !~; N 03° 21' 52" E 244.98 feet; N 06° 43' 43" E 149.36 feet; N 09° so• 22" w 130.18 feet; N 15° 44' 44" W 249.17 feet; N 23° 23' 56" E 595 .. 97 feet; N 29° 30' \40" E 146.50 feet; N 43° 21' 22" E 437 .13 feet; N 53° 22' 38" E 517.59 feet; N 60° 37' 24" E 639.69 feet; 1"(58° 44' 59"[ 242.35 feet; N 68° 18' 39" E 236.76 feet; N 74° 06' 42" E 340. 87 feet; N 86° 52' 08" E 446 .. 66 feet; N 88° 43' 46" E 270.50 feet; S 83° 05' 32" E 198.26 feet; N 78° 27' 53" E 6_18.98 feet; N 76° 29' 45" E 483. 05 fee.t; N 49° 07' 36" E 593.26 feet; Thence leaving said Colorado River centerline S 87° 53' 17" E a distance of 2282.68 feet along the North line of the SE 1/4 of said Section 5, Township 7 South, Range 95 West of the Sixth Principal Meridian to the point of beginning and containing 3231.348 acres, more or less. EXCEPTING A parcel of land located in Section 18, Township 7 South, Range 95 West I ,. ;l .\ , ., (·:·:.:' "· :1:· Page 6 of the Sixth Principal Meridian and more particularly described as follows; Beginning at a point whence a Bureau of Recla111ation Brass Cap monumenting the West 1/4 corner of said Section 18 bears N ·as• 23' 00" West 777.00 feet; Thence North 17° 37' 00" East 180.00 feet; Thence South as• 23' 00" [as t 457.16 feet; Thence South 24. 50' 39" \lest 188.29 feet; Thence North as• 23' 52'' West 432.52 feet to the point of beginning and containing l.767 acres more or less. ALSO EXCEPTING •' A parcel of la.nd located in the [ 1/2, NE 1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal M.eridian lying South of the centerlin·e of the existing County Road which bisects said E 1/2, NE 1/4 being more fully described as follows. Beginning at the South West corner of the E 1/2, NE 1/4 of said Section 9; Thence North o~· 04' 15" East 1326,43. fee.t.t.o ... the.center line of the existing County Road; Thence along said centerline the following courses South 88° 05' 38" East 606.75 feet; Thence 173.76 feet along the arc of a curve to the left having a central angle of 36° SO' 00", a radius of 270.29 feet, and a chord that bears North 73° 13' 49" East 170.52 feet; Thence North 54° 33' 16" East· 112.11 feet; Thence 266.93 feet a)ong the arc of a curve to the right having a central ·angle of 79" 30' 00" , a radius of 192.38 feet, and a chord that bears South 79° 26' 03" East 222.24 feet; Thence South 54° 46' 19" East 238.44 feet; Thence leaving said road centerline South 01• 00' 49" \lest 1284.83 feet: along the East line of said E 1/2, HE 1/4 to the SE corner of said E 1/2, HE 1/4; Thence North 88° 05' 03" West 1277.04 feet along the. South. line of said E 1/2, NE 1/4 to the point of beginning and containing 39.926 acres more or less. ' ~~·~.~::.-~ EXHIBIT 11 B11 i~;y~ BATTLEMENT MESA PLANNED UNIT DEVEIDPMENT DISTRICT REGULJ\.TIONS The land use districts within the Battlement Mesa Planned.unit Development shall be governed· in confonnity with the following regulations: 1.0 RDR -Rural Density Residential 1. 1 Uses, by right: Detached single-family dwellings and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purp:>ses and fences, hedges, gardens, walks, and s:iinilar landscai;:e features; park. 1.2 uses, o:mditional: Church, school, ccmntmity building, day-nursery, fire station, <II>:1 other public uses. · · 1 • 3 Uses, special: ,Extractfon and pr0cessing of natural resom:ces. 1.4 Intensity of use: A rnaximllll of 1.0 dwellirq unit per gross acre. 1.5 Minimum lot Area: 12,500 square feet. 1.6 Maximum Site Coverage: For detached single-family dwellings, without camnn area as part of th<!<plat at time of subdivision, not nore than 45% of each lot shall be covere::l by buildings arrl parkin;J areas. For detached si03le-farnily dwellings with rourron open area as part of the plat at tine of subdivision, not nore than 50% of tl)e platted. area shall be covered by buildings / parkirq areas, and private streets. 1 • 7 Minimum Setbacks: ( 1) E"ront Yard: (a} Arterial or Collector Streets: (b} ( 11) lb residential structures shall front on an arterial or · . collector street. (21) 'For all other uses, 100 feet fran street centerline or 50 feet fran front lot line, ..tiichever is greater. local Streets: (11) For residential structures 50 feet from street oanterline or 25 feet fran front lot.line, ..tiichever. is greater. (21) For all other uses, 65 feet fran street centerline or 40 feet fran front lot line, ..tiichever is greater. (2) Rear Yard: 20 feet fran rear lot line. (3) Side Yard: 10 feet fran side lot line. On comer lots, the side yard shall be 25 feet l<.hen aut011Pbile access is taken across the side yard; the side yard shall be 15 feet when no autonobile access is taken across the side yard. -3- ... '·~) .. 1.8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at the centei:-of the building. \ 1.9 Minimum Off-Street Parking: ( 1) TY>J spaces per dwelling unit. (2) For all other uses: see Supplerrentary Regulations (Section 10.6). 1. 10 hlditional. Requirements: 1111 uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations) .. -4- ,.. 1. ' ·'· ~ ... :;~~ ·/.:·:~~ . :.~. 2.0 I:DR -ID<! Density Residential 2. 1 Uses, by. right: Detached sirqle-family dwellings aoo attached single-family dwellin:is (either townhouses or zero-lot-line oouses) airl customary accessory uses, including buildings for shelter or enclosure of animals or prcperty accessory to use of the lot for single-family residential purposes aoo fences, hedges, gardens; walks, aoo s.imilar landscape features; park. 2.2 Uses, conditioniil: Church, school, caranunity ooilding, day nursery, fire station, and other public uses. · 2. 3 Uses, special: Extraction and processing of natural resources. 2.4 Intensity of Use: A maximun of 5.0 dwellirq units i;:er grais acre. 2.5 Minimum Int Area: ( 1) For single-:family detached dWellings, 7 ,500 square feet. ( 2) For townhouse attached single-family dwellings, 2, 200 square feet. (3) For zero-lot-line attached single-family dwellings, 4,000 square feet. 2.6 Maximum Site Coverage: For detached and attached sirqle-family dwellings without camon area as padl, of the plat at time of subdivision, not nore than 60% of each lot shall be covered by buildings ard parking areas. - For detached and attached single-family dwellings with ccmron cpen area as part of the plat at tlioo of subdivision; not. rrore than 70% of the platted area shall be covered by buildings, parkin;i areas, and private streets. 2. 7 Minimum Setbacks: ( 1 ) l'ront Yard (a) (b) (c) For single-family detached dwellings ( 11) Arterial or Collector Streets: no structure shall front on an arterial or collector street. ( z 1) Local Streets: SO feet fi:an street centerline or 25 feet fran lot line, whichever is greater. For zero-lot-line and townhouse attached single-family.dwellirqs ( 1 l ) Arterial or collector street: no iot shall front on an arterial or collector street. ( 21) Local streets: 25 feet fran the front lot line, if there is a front-facifl3 garage; or no setback if there is a side- facing garage or at least 25 feet of o::imrron open space bet"'2en the curb line and the lot line. For all other uses ( 11 ) Arterial or collector street: 100 feet from street centerline or SO feet Eran front lot line, whichever is greater. (21) Local streets: 65 feet from street centerline or 40 feet fran front lot line, lkiichever is greater:. ( (2) Rear Yard: (a) For single-family detachea dwellings 15 feet from rear lot line. (b) For zero-lot-line and townhouse attached single-family dwellings (11) 10 feet fran rear lot line if no alleys or rear utility easements are provided. ( 21) No rear yard is required where alleys or utility easements are provided ard no autorrobile access is allowed. (31} Where autarobile access is taken: (al) 25 foot setback \<.here there is a rear-facing garage. (bl} No setback for a side-facing garage. ( c 1) No setback if there is at least 25 feet of cx:mron oi.:>=n space between the alley pavement and the lot line. (c) For all other uses: 25 feet when crljacent to residenti~ uses or 10 feet when riot crljaoent to residential uses. (3) . Side Yard: (a) For single-family detached 6 feet fran side lot line. en corner lots, the side yard shall be 25 feet when autorrobile access is taken across the side yard;' the side yard shall be 15 feet when no autoJTObile access is taken across the side yard. \ (b) For zero-lot-line dwellings 10 feet on one lot line arrl no set- back on the cpposite lot line. No accessory buildings shall be permitted within the required side yard. (c} For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. On corner lot.s, the side yard shall be 25 feet when autorrobile access is taken across the side yard; the side yard shall be 15 feet when no autorrobile access is taken across the side yard. (d) For all other uses: 10 feet from a side lot line or 25 feet for a side yard on a comer lot. 2.8 Maximum Buildin;J Height: 36 feet rreasured at the vertical to the grade at the center of the building. 2.9 Minimum Off-Street Parking: ( 1) Fpr single-family detached dwellings two spaces per unit. (2) For towrihouse and zero-lot-line attached single-family dwellings two spaces per dwelling unit and 1/2 visitor space provided on the lot or in canrron camnunity oi:en space or a combination thereof. ( 3) For multiple-family dwellings one arrl one-half spaces per dwelling unit. (4) For all other uses: see Supplementary Regulations (Section 10.6). -6- ' ( ·:.~:·) l :-;..., .. J:} 2. 10 Additional Requirements: All uses shall be subject to the provisions under section 10.() (Supplementary Regulations) and Section 11.0 (M:xlifications of Subdivision Regulations). { 1 ) For zero-lot-line dwellings, a minimum maint.enance easement of 3 feet shall be provided on the side yaro for the adjacent lot. (2) No p:Jrtion of any t::uilding shall extend beyond· lot lines or into public easerrt2nts or public rights-of-way. (3) For zero-lot-line an:'! townhouse dwellings ro wirdows or cpenings shall be allowed in a wall abut;tirg a 'property line that faces into an adjoining lot. \ -7- •::-.. \~~~'.~; '' 3.0 MDR -Medium Density Residential 3.1· uses, by right: Single-family detached dwellings, attached single~family dwellings (either townhouses or zero lot line houses), two-family and multiple-family dwellings, and customary accessory uses including buildings for shelter or· enclosure of animals or property accessory to use of tre lot for residential purposes and fences, hedges, gardens, walks, and similai: ·landscape features; pai:k. 3.2 Uses, conditional: Church, school, cx:.mnunity building, day nursery, fire station, arrl othei: public uses. 3.3 Uses, special: Extraction and p-cocessing of natui:al rnsources. 3.4 Intensity of Use: 3.5 Minimum IDt Area: A max:iJnum of 12.0 dwelling units pei: gross aci:e. (1) 600 squarn feet for townhouse, attached single-family dwellings. (2) 2,000 squarn feet foi: zero-lot-line, attached single-family dwellings. ; ; (3) 7 1 500 square feet for single-family detached dwellings and two-family dwellings. (4) 9,000 ,square feet fo\: rrultiple-family dwellings, 3.6 Maximum Site Coverage: (-1) For single-family detached dwellings, attached single-family dwellings and two-family dwellings without canrron open area as part of tre plat at time of subdivision, not .nore than 70% of each lot shall be CO<Jered by buildings, ddves arrl parking areas. For single-family detached dwellings, attached single,family dwellings and too-family dwellings with ca"'o" open area as part of the plat at time of sul:xlivision, not nore than 80% of the platted area shall be covered by buildings, parking areas and streets. (2) For rnultip~e-family dwellings, not rrore than 75% of the platted ai:ea at the tine of· subdivision shall be coverea by buildings, parki03 and private streets. (3) A lot shall not be limited to one pi:incipal structure provided: (a) 'Ihe uses of each structure shall be allowed within the applicrole zone district. (b) 111.e total accumulated improvements do not exceed the maximum site c6verage nor violate any other requirerrents of the zone district. (c) The entire lot remains under one ownership. -8- .. .. (~~f{l <·~tj 3.7 Minimum Setbacks: { 1) Front Yard: (2) {a) (b) {c) (d) For single-family detached dwellings and t:wo--farnily dwellings { 11) Arterial or Collector Streets: no structure shall front on arterial or collector street. (21) Iocal Streets: 50 feet frcm street centerline or 25 feet fran lot line, w!)ichever is greater. For lli.lltiple-family dwellings (11) Arterial Streets: 100 feet Eran street centerline or 50 feet fran front lot line, whichever is greater; { 21) Collector Streets: 90 feet from street centedine or 50 feet Eran front lot line, whidlever is greater. (31) Iocal Streets: 50 feet frcm stieet centerline or 25 feet Eran front lot line, whichever is greater; for zero-lot-line ard townhouse, attached single-family dwellings ( 11 ) No lot shall frotJt on an arterial or collector street. ( 21) Local streets: 25 feet Eran the front lot line, if there is a front-facing garage; or no setback if there is a side- facing garage or at least 25 feet of =nron open space bet~en the curb line and the lot line. For all other uses ( 11) Arterial Street: 100 feet fran street centerline or 50 feet Eran lot line, M!ichever is greater. · (21) Collector sheet: 90 feet fran street centerline or 50 feet Eran lot line, M!ichever is greater. (31) I.ocal Streets: 65 feet from street centerline or 40 feet frGlll front lot line, whichever is greater. Rear Yard: {a) For single-family detached dwellings, two-family dwellings and multiple-family dwellings 15 Eeet fran rear lot line. {b) (c) For zero-lot-line and townhouse attached single-family dwellings: { 11) 10 feet from rear lot line if no alleys or rear utility easerrents are provided. { 21) .No rear yard is required where alleys or utility easerrents are provided ard no auto11Pbile access is allowed. ( 31) Where autarobile access is taken: . . ~ 1 ) 25 foot setback where there is a rear-facing garage·. (b 1.) No setbacks for a side-facing qarage. (cl) No setbacks if there is at least 25 feet of CQmOn . q;en space between tbe alley paverrent a!Xl the lot line. For all other uses! 25 feet when rojacent to residential uses or 10 feet when not adjacent to residential uses. -9- ' (3) Side Yara: (a) For single-family cletached 1 two-family and 1m.tltiple-family dwellings 6 feet fran side lot line. Cn corner lots, the side yara shall oo 25 feet when autorrobile access is taken across the side yard; the side yard shall be 15 feet when no autonnbile access is taken across the siae yard. (b) For zero-lot-line dwellings 10 fee~ on one lot line arrl no setback on the cpp:isite lot line. lb accessory buildings shall oo permitted within the re::iuired side yard. (c) For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. en corner lots, the side yard shall l::e 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no autonobile · access is taken ·across the side yard. 3.8 Maximum Baj.lding Height: 36 feet rreasured at the vertical to the grade at the center of the bUUding. 3. 9 MinimLDTI Parking: ( 1) For single-family detached dwellings two spaces i:er rnit. ( 2) For t1>.0-fa."Tiily dwellings t>.0 spaces per dwelling unit. (3) For townhouse and zer(j>-lot-line attached single-family dwellings two spaces per dwellin;J and 1/2 visitor spaoe provided on the lot or .. in ... camon cararonity cpen space or a o:>mbination thereof. (4) For multipie-family dwellings one ard one-half spaces i:er dwelling unit. (5) For all other uses: see Supplementary Regulations (Section 10.6). 3. 10 Additional ·Requirements: All uses shall be subject to the provisions under Section 10.0 (SufPlementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). ( 1) For zero-lot-line dwellings, a minimum maintenance easement of 3 feet shall be provided. on the side yard for the adjacent lot.· ( 2) No i;ortion of any building shall extend beyond lot lines or into public easerrents or public rights-DE-way. (3) For zero-lot-line and towilhouse dwellings no windows or openings shall be allowed in a wal:). abutting a property line that faces into an adjoining lot. . \ -10- .- ' ( . = .. :{~; 4.0 ·CAR -Central Area Residential 4. 1 Uses, by right: Attached single-family dwellings (either townhouses or zero-lot-line houses), .tw-family arrl multiple-family dwellings, atxl customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of tre lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. 4.2. uses, COJ\ditional: Church, scb:Jol, =nrnunity building, day nursery, fire station, and other piblic uses. · 4,3 Uses, special: Extraction and processing of natural resources. 4.4 Intensity of Use: A maximum of 20.0. dwellinoJ tmits fer gross qCre. 4. 5 Minimum IDt Area: (1) 600 1 square feet for townhouse, attached single-family dwe).lings. (2) 2,000 square feet for zero-lot-line, attached single-family dwellings. (3) 7,500 square feet for tl«:l-family dwellings. (4) 20,000 square feet for multiple-family dwellings. 4. 6 Maximum Site Coverage: For attached single-family dwellings witoout cannon open area as part of the plat at tirre of subdivision, not rrore than 70% of each lot shall be 00\lered bot buildings and parking areas. ·-... . . . . . For attached single-family dwellings with CClllllOn opeh area as part of the plat at time of sutdivision, rot rrore than 80% of the platted area shall l:e covered by buildings, parking areas ard private streets. For multiple-family dwellings, ror nore than 80% of the platted area at the tirre of subdivision shall be covered by buildings, parkirq ard private streets. A lot shall not l:e limited to one principal structure provided: ( 1) The uses of each structure shall be allowed within the <pplicable zone district. { 2) The total accumulated imProverrents d:> not exceed the maximum site coverage nor violate any other require!l'ents of the zone district. (3) The entire lot remains under one ownership. -11- ., 4.7 Minimum Setbacks: ( 1) Front Yard: (a) For rrultiple-farnily dwellings (11) Arterial Streets: 100 feet fran street centerline or SO feet fran front lot line, whichever is greater. (21) Collector·Streets: 90 feet from street centerline or 50 feet fran front lct: line, whichever is greater. ( 31) Local Streets: 50 feet from street centerline or 25 feet fran front lot line, whichever is greater. (b) For two-family dwellings, zero-lot-line and townhouse attached sil)'.lle-farnily dwellings · . ( 11) No lot shall front on an arterial or =llector street. · ( 21 ) IDcal streets: 25 feet fran the front lot line, if there is a front-faci1>3 garagei or no setback if there is a side-. facir.q garage or at least 25 feet of cx:mron cpen space between the curb line an:l the lot line. \ · ( c) For all other uses : (11) Arterial Street: 100 feet fran street'centerline or 50 feet fran lot line, \\hichever is greater. ( 21) Collector Street: 90 feet fran street centerline or SO feet fran lot line, whichever is greater. (31) IDcal Streets: 65 feet fran street centerline or 40 feet fran front lot line, \'.hichever is greater . . (2) Rear Yard: (a) For O«:>-family <l>(ellings and multiple-family dwellir.qs 15 feet fran rear lot 1 ine. (b) For zero-lot-line and townhouse attached sirqle-farnily dwellings (11) 10 feet from rear lot line if no alleys or rear utility easerrents are provided. ( 21) No reat yard is required \<here alleys or utility easements are provided and no aut0I1Dbile access is allowed. ( 31 ) Where autroobile access is taken: . (a 1 J 25 foot setback >.here there is a rear-facing qarage. ( b 1 ) No setbacks for a side-facing garage. ( c 1) N:> setbacks if there is at least 25 feet of romrron open space bet~n the alley paverrent and the lot line. (c) For all other u~s: 25 feet when a:ljacent to residential uses or 10 feet when not adjacent to residential uses. -12- ' ( :'.::: <.·· (3) Side Yard: .:, ·."·i". -':i)/" (a) For two-family and multiple-f'amily dwellings 6 feet fran side lot line. 01 comer lots, the side yard shall be 25 feet when utoroc>bile access is taken across the side yard; the side yard shall be 15 feet when oo autorrobile access is taken across the the side yard. (b) For zero-lot-line dwellings 10 feet on cne lot. line and oo setback on the opposite lot line, N:> ·accessory buildings shall be permitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for oomer"lot. ronditions. Ch rorner lots, the side yard shall be 25 feet when autonpbile access is taken ccross the side yard; the side yard shall be 15 feet when no autO!!Obile access is taken across the side yard. 4.$ Maximum Bu,ilding Height: 36 feet rreasured at the vertical to the grade at the center of the building. · 4. 9 Minimum Parking i ( 1) For tl'.D-family dwelling two spaces per dwelling uniL · (2) For zero-lot-line arrl townhouse attached single-family dwellings tl-.0 spaces per dwelling and 1/2 visitor space provided on the lot or in cannon caranunity open. space or a combination thereof. ( 3) For rultiple-family dwellings cne and one-half spaces per dwelling unit. ( 4) For all other uses: see Supplementary Regulations (Section 10. 6) • 4. 10 Additional Requirements: All uses shall be subject to the provisions uncbr Section 10.0 (Supplementary Ie:Julations) and Section 11.0 (Modifications of Subdivision Regulations). ( 1 ) For zero-lot-line dwellings, a minimum maintenance· easement of 3 feet shall be provided on the side yard for the ocljacent lot. ( 2) No p:irtion of any building shall extend beyond lot lines or into public·easerrents or public rights-Df-way. (3) For zero-lot-line and townhouse dwellings oo windows rn:: openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. -13- . ·. 5.0 MHR -Mobile Home Residential 5.1 Uses, by right: M::lbile t:omes, mobile bachelor dwellings*, camper parks, ard custcrai:y accessory uses, includin:i buildings for shelter or enclosure of animals or property accessory to use of the lot far residential purroses arx'I fences, hedges, gardens, walks, a.rd similar landscape features.; park. 5. 2 Uses,. conditional: Church, school; cicmnunity l:::uildin:J, day nursery, fire station, arrl other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: A maximun of 9.0 nobile hone units per gross acre. 5.5 Minimum lot Area: 3,000 square feet. 5. 6 Maximum Si,te Co\l'erage: .For =bile homes not nore than 60% of eacfi lot shall be covered by buildin:JS and parking areas. For 11Pbile bachelor dwellings and camper parks, no maximum site coverage shall apply. Travel trailers, camper vehicles and/or recreational vehicles accarm:dated shall not exceed forty ( 40) feet in length an:l eight ( 8) feet in width. No nore than ti..n ( 2) campef vehicles shall be allowed en any one no bile hone space. . ...... ·-·--.. ____ _ 5. 7 Minimum Setbacks: Minimum setback requirements of the a'.ljacent zone district regulations shall te observe'.! on the periphery of a 11Pbile home park. 5. 8 Maximum Building Height: 36 feet neasured at the vertical to the grade at the center of the bUilding. 5. 9 Minimum Off-Street Parking: ( 1) Tw:> spaces per dwelling unit. (2) For all other uses: see Supplementai:y Regulations (Section 10.6) 5. 10 Additional Reqllirements: All uses shall be subject to the provisions uncer Section 10.0 (Supplementary Regulations) and Section 11.0 "(Modifications of Subdivision Regulations). *Mobile bachelor dwellings are defined in Section 10, Supplementary Regulations -14- ., i <':: ~ -~.~ ., :;, ':.,:~;'.' ; 6.0 ·KC -Neighborhcod Camiercial 6. 1 Uses, by right: Retail o:::mrercial establishlrents rot exceeding 15, 000 square feet of build~re area for each principal use, includirq grocery, dry goods, hardware, bakery, liqt)'.)r, drug, florist, books, and similar uses. Personal service establishJrents·not exceeding 5,000 square feet of building· area for each principal use, including barber, beauty, self-service laundry, dcy cleanire, photo an:l art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinki!'B establishments (which may include liqoor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with tw::> or less service bays arrl without car washing facilities, .Uich rrust l::e sited with limited vehicular access and service areas reason<bly screened from public view. \ 6 .2 Uses, rorrlitional: Church, carmunity buildin:i, day mrsery and school, auditorium, public buildirq for administration, fraternal lodge, art gallery, museum, library. 6 • 3 Uses, special: i>xtraction and processi1'¥3 natural resources. 6.4 Intensity of Use: See general conditions under Supplerrentary Regulations. 6.5 Minimum IDt Area: 7,500 $are feet. 6.6 Maximum Site Coverage: Not rrore than 80% of the platted area at the time of sUbdivision Shall be rovered by buildin:is, parking areas arrl private streets. A mini.mum of 10% of the site shall be in unpaved landscape developnent. A lot shall not be limited to ooe principal structure provided: ( 1 ) (2) (3) 'I11e uses of each stucture shall be allowed within the applicable zone district. The total accumulated improvements do not exceed the maximum site coverage nor violate any other r.,.quirerrents of the zone district. The entire lot remains under one ownership. -15-- ( ' '6.7 Minimum Setbacks: ( 1) Fron\: Yard: (a) Arterial Streets: 100 feet fran street centerline or 50 feet fran front lot line, whichever is greater. (b) Collector streets: 90 feet from street centerline or 50 feet fran front lot line, l'.bichever is greater. (b) weal Streets: 65 feet fron street centerline or 40 feet fran front lot line, l'.hichever is greater. ( 2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential Lise. (3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on a comer lot. I ' . 6.8 Max.imum Building Heiqht: 36 feet rreasured at the vertical to the grade at tbe center of the building. 6. 9 Minimum Off-Street Parking: ( 1 ) Retail camiercial and p;rsonal service: One parking space per 200 square feet of floor area (except storage areas). (2) Office: aie parking space per 300 square feet of floor area. ( 3) ' Gasoline Service Stations: Minimum of 4 spaces excludiJ:B service areas and service bays. (4) For all other uses: see Sui;plerrentary Regulations (Section 10.6). 6. 10 Jlllditional ReqUiranents: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of. Subdivision Regulations). -16- ( ' .. ~_ .. ,, 7. 6. OP -Office Park .:, ·-' :-i :~~:-~i . 7. 1 Uses,. by right; Offices for business and professional uses; research facilities, testin:i latoratories, ard facilities for the manufacturing fabrication, processing or asserrbl y of products pro'lided that such facilities are corrpletely enclosed ard provided that noise, sm:>ke, glare, 'libration, fumes, or other envirornnental problems l>hich exceed normal residential a:>nditions are confined to the user's lot. Personal service establislunents including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, srce repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor),. within the principal building. 7 .2 Uses, conditional: Church, ccmnunity building, day nursery and school; auditorium, pUblic buildirg for administration, fraternal lodge, art gallery, museum, library. 7. 3 Uses, '?J?"Cial: Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplementary Regulations. 7. 5 Minimum Iot Area: 7 ,500 square feet. 7. 6 Maximum Site Covera:Je: Not rrore than 80% of the platted area at the time of subdivision shall be covered by buildings, parki03 areas, and private streets. A minimum of 10% of t,he site shall be in unpaved landscape developnent. A lot shall not be lirnited1 to one principal structure provided: ( 1 ) '!he uses of each structure shall be allowed within the applicible zone district. (2) The total accumulated improvements oo not exceed the rnaxirntnn site coverage nor violate any other requirerrents of the zone district. (3) '.11>e entire lot remains un::ler coe ownership. 7.7 Minimum Setbacks: ( 1) Front .Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet · fran front lot line, \Jiichever is greater; (b) Collector Streets: 90 feet from s'treel~ centerline or 50 feet fran front lot line, whichever is greater.· (c) Local Streets: 65 feet fran street centerline or 40 feet fran front lot line, Miichever is g'reater; (2) Rear Yard: 25 feet Mien a:ljacent to residential uses; 10 feet Mien · not a:ljacent to residential uses. (3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on a corner lot. -17- { ' 7. 8 Maximum Builaing Height: 36 feet rreasured at the vertical to the grade at the center of the building. 7.9 Minimum Off-Street Parking: { 1 ) Research facility, testing laboratory, processing, or asserrbly of products: square feet of floor area. manufacturing, fabrication, one parking space i;:er 400 ( 2) Office and professional uses: ooe parkin:i space per 300 feet of floor area. { 3) For personal service uses: one parkiIOJ space per 200 square feet of floor area (except storage area). (4) For qll other uses: see Suwlementary Regulations (Section 10.6). 7. 10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) atrl Section 11.0 (Modifications of Subdivision Regulations). " -18- .. ( '· .· ... ·./·.¥' , 0. 0 OC Business Center 8. 1 Uses, bh right: Retail conmercial establishments including grocery, dry gcods, ardware, bakery, liquor, drug, florist, bOOks, sp:>rtin:i goods, appliances, vadety stores, department stores, autonotive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments, includil'i'.J barber, beauty, self-service laundry, dry cleanil'i'.j, photo an:l art studios, travel agency, shoe repair, health spa, private clubs, indoor eatin:i and drinking establishments (which may include liquor) , banks arrl simila,r uses. Offices for business and professional uses. Research facilities, testit13 laboratories, arrl facilities for manufacturing, fabrication, processin:i or assembly of products prO'lided that such facilities are completely enclosed arrl provided that noise, smoke, glare, vibration, ftures or other environmental problems which exceed normal residential conditions are confined to the user's lot • Churches, day-care centers and irrl=r theatres .. Recreation facilities. Gasoline service stations, car wash arrl autC!OC>tive services, \o.bich must t:e sited with limited vehicular access and with service areas reasonably screened from public view." Motels, !Xltels, including eating and drinking establishments (which may include liquor). Multiple family dwellings l<ihen located above retail camiercial, i:ersonal service or office uses. Public and semi-public uses as specified in this POD. 8.2 Uses, conditional: Church, canmunity buildin:J, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 8.3 Uses, special: Extraction and processing of natural resources. 8.4 Intensity of Use: See general conditions under supplementary Regulations. 8 .5 Minimum lot Area: 7 ,500 square feet. -19- ( 8. 6 Maximum Site Coverage: N:Jt rrore than 80% of the platted area at the tlire of sUbdivision shall be covered by buildings, parkir>;J' areas, and private streets. A. minimum of 10% of the site shall be in unpaved larilscape developrent. A lot shall not be limited to one principal structure provided: ( 1) '.llle uses of each structure shall be allowed within the applicable zone district. ( 2) (3) The total accumulated illlprovements do not exceed the maxi,mum site coverage nor violate arr:i other requirerrents of the zone district. The entire lot ranains under one ownership. 8.7 Minimum Setbacks: ( 1) Front Yard: , , (a) Arterial Streets: 100 feet from street centerline or 50 feet fran front. lot line, iliicheVer is greater. (b) Collector Streets: 90 feet from street centerline or 50 feet fran front lot line, whichever is greater. (c) Ipcal Streets: 65 feet from street centerline or 40 feet fran front lot line, ."'1ichever is greater. ~ . (2) Rear Yard: a:'ljacent to 25 feet >.hen a'ljacent residential uses. to residential uses;· 10 feet when rot (3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on a comer lot. 8. 8 Maximurn Building Height: 36 feet l!l2asured at the vertical to tne grade at the center of the building. 8. 9 Minimum Off-Street Parking: ( 1 ) Retail ccmrercial and personal service: One parking space per 200 square feet of floor area (except storage are a) . (2) Research facility, testing laboratory, manufacturing, fabrication, processing: One parking space i:er 400 square feet of floor area. (3) Church or theatre: one parkir<J space i:er three seats. ( 4) Office arrl professional uses: one parking space per 300 square feet of floor space. -20- ' . .. ' ( ·7&.; (~~~~v (5) Recreation facility: Parking shall t::e provided on the basis of one parkin:i spaoe per each four per.sons usin:i the facility (figured at a maximum capacity use period). (6) Motels and ootels: One parkin:i space per rrotel or hotel unit. ( 7) Multiple-family dwellings: One arrl one-half parkin:i space per dwelling unit. · (8) Gasoline Service Stations: Minimum 8 spaces excludin:i service areas an:l service bays. (9) For all other uses: See Supplementary Regulations (Section l0.6). 8. 10 Mditional Reguirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) arrl Section 11.0 (Modifications to Subdivision Regulations). 1· \ -21- '$-.0 FSR -Pubiic, Semipublic, and Recreation 9.1 Uses, by right: Sclnol sites, governrrental offices, police an::l fire stations, library, day-care centers, ftiblic and semipublic health facilities including hospitals aiid clinics, recreation uses, churches, cannunity center, neighlx>rhood ccmm.mity center, water, well. sites, sewage treatrrent facilities, water treatrrent arrl storage facilities, and other public and private utility facilities and buildin;Js. Ccl!munity open space an:'! parks, including hiking arrl bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swirraning pools, tennis courts, natural areas, archery, skeet sOC>oting arrl similar uses. Golf course with clubhouse includin;i eating and drinking facilities (which may include liquor); equestrian center. 9.2 Uses, cord,i.tional: N:>t applicable. 9.3 Uses, special: Extraction and processing of natural resources. 9 .4 Intensity of Use: See general ccnditions under Supplementary Regulations. 9.5 Minimum IDt Area: N:>ne. 9 .6 Max:imt.nn Site Coverage: l'bt nore than 80% of the platted area at the time of SubdlVlSlOn shall be ccyered by buildings, parking areas, an:l private streets. A minimum of 10%'of the site shall be in unpaved lan::lscape developrent. A lot shall not bEi limited to one principal structure provided: ( 1) '.Ihe uses of each structure shall be allCMed within the J,plicffile z.one district.· (2) The total aceumulated improvements do not exceed the maximum site coverage nor violate any other requirerrents of the z.one district. ( 3) '.Ihe entire lot remains under one cwnership. 9.7 Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 75 feet fran street centerline or 25 feet fran front lot line, whichever is greater. (b) Collector Streets: 65 feet fran street centerline or 25 feet fran front lot line, whichever is greater. (c) Local Stree~s: fiont lot ire, 50 feet fran street centerline or 25 feet fran whichever is greater. -22- \ , ' '. ' (2) Rear Yard: ; ;~~' feet when adjacent not adjacent to residential uses. .~.:i<:J!~ to resident·iifil. uses; 10 feet when ( 3) Side Yard: 10 feet frau side lot line or 25 feet for a side yard on a oomer lot. 9 .8 MaximlIDI Building Height: 36 feet measured at the vertical to the gi:a::le at the center of the building. 9.'I Minimum Off-Street Parking: ( 1) Church, auditorium and p.lbl ic assembly: Cbe space i;;er 3 seats. (2) Go""°rnrrental offices (except auditoritnn arrl public asserrbly): Cbe space i;er 200 square feet of floor area (except storage area). . . . (3) Public an:'! private utility company facilities: Q-,e space per·200 square feet of floor area for· offices arrl other facilities accarurodating regular daily employment. A mininu.Jm of tl..o spaces will be pr7·ided at all other facilities. (4) Medical clinics: Cbe space per 200 square feet. · ( 5) Hospitals: Cbe space i;:er 300 square feet exluding nurs irg care (in-patient care) areas plus one space per 2 beds. (6) For all other uses: see Supplementary Regulations (Section 10.6). 9. 10 Additional Requirements: All uses shall be subject· to the prnvisions undar Section 10.0 (Sui;plementary Reghlations) and Section 11.0 (Mcx:lificat;ioos to SUbdivision Regulations). ··· ·· ·· · · ·· -23-- ( ,. ' l 10.0 SR Supplementary Iegulations 10. 1 . 10.2 Division of the subject lands into land use areas and their related developrent standards will be as shown on the FUD rncp ard as outlinerl by the preceding development standards. 'lb further avoid problems of interpretation, the following listed supplementary requlations are included aoe part of the Planned Unit Develoµnent. Where the Preceding general stan the follow' su lenen al regulations do not ad uatel escribe what i5 ~rrojtted or required reference shall re mcrl.e to the:] officially adopted Garfield County Zo.ning Resolution of January 2, 1979, including the zoning anenclment, a:!opted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, · 1979, and anenclment.s of October 15, 1979. Land Use Types: '.lhe FUD map shows generally where within the POD each type of use is located. '.lhe precise location of each use and the location of lots, blocks an:l·other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. Uses Permitted: ·'.lhe principal uses for each lard use area are listed as a part of the general development standards; however, any other building, structure or use l>.hich is similar to those emurerated and not rrore obnoxious or detrimental to the area in \\tlich it is located shall be permitted. !obbile bachelor dwellings <\t1d nodular bachelor dwellings shall include grcupings or single living units'with cornm::>n restroan facilities, canmunity recreation .,pace and.central eating facilities, in place of restrocrns, kitchens· and larger living areas within each separate living llhit. 10.3 Intensit¥ of ·use: In any residential area defined on the PUD map, the net density m any given part of a subdivided area may exceed the qross density which \\Ould be permitted fur the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth atove in the develoµnent standards. 10.4 Setbacks: '!he fullowing yard requirements shall be observed in all zone districts: . Through Lots: en lots extending frQTI one street to another paralleling street, both streets shall t.e considered as front streets fur purposes of c"1culating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard a:ljacent to the fence shall ba considered as a rear or side yard. -24- G .' •• -,. ., ..... ' .. }' '·.·.;) ~;· Corner Lots: On residential lots bJrdered on two (2) contiguous sides by streets, the required front yard setback shall be observed alon:J both streets ...tien autorrobile access is taken frcm the side street. '.IW-Family Dwellings: For puq:oses_ of setback calculations, a two-family dwelling shall be ronstrued as one building occupying one lot; Attached sin;ile-family dwellings: For purposes of setback calculations, only those attached single-family dwellin;is lffiich do not share a camon wall with an adjacent attached dwellirg need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed; · Projections: E:vei:y part of a required yard shall be unobstructed frcm groun:'I level to the sky except for projections of architectural features as folloos: cornices, sills and ornamental features -12 inches; roof eaves - 18 inches; uncovered p:>rches, 'slabs and patios, walks, steps, fences, hedqes, ail(\ walls -no restriction; fire escapes and irrlividual balconies not used as passageways may· project 18 inches into any require:! side yard of four ( 4) feet into any-required· front or rear yard; Accessoi:y Buildin_:i in Required Rear Yard: An accessory buildin:] may be located in ·a required rear yard provided not rrore than forty ( 49) percent of the rear yard area is oovered. such building shall observe a seven and one-half ( 7 1/2) foot setback fran the rear: lot line when there is rot an adjacent alley. When there is an adjacent alley it shall observe a ten ( 10 )' foot setback fran lot .J_ine; ( Fences and Screening: A fence, hedge, or wall may l:e located in any required yard provided oo such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. NJ side yard or front yard hedge or fence is permitted on a comer lot a1jacent to a street. 10.5 Maximtun Building Height: Fbr purposes of neasuring the maximum building height, grade shall mean the original natural grourrl level or newly established elevation resulting fran rompacted fill so long as any regraded area does not exceed a four-to-one slope bet1'1'len the groun:l level of any exterior building wall and adjacent lot line or property line. 10.6 Minimum Off-Street Parking: Each off-street parking space shall be not less than 8 feet wide and 18 feet long; shall be provided with vehicular access· to a street or alley; shall be surfaced with gravel, asphalt, concrete or equivalent; shall be properly drained; and shall be located within convenient walking distance of 'the principal building or use for which the parking . space is provided. For either detached single-family dwellings or attached single-family dwellings, tandem parking spaces shall be permitted. Where an off-street parking space serves rrore than one use arrl i;eak times for parking are at different times of the day, such parking space may be included as part of the minimum requirerrents for each use. -25- ... •· " ( '!'he followinq min:imlilll parking requirements for permitted or similar (see • , ' Section 10.2) uses are: ( 1) Churches, =rmunity buildinqs, fraternal lodges and auditorium: One space per 3 seats in the assenbly space. (2) Schools, elementai:y and middle: One space per instructional. area plus one space for each 4 seats in assenbly areas (including gymnasililllS). ( 3) High schools, colleges and universities: One space per instructional area (classroan, .lab, gym) plus one space per 3 students accamiodated in the institution. (4) cannunity buildings: One space _per·3 seats of assembly area. ( 5) Athletic stadit.nn: One space per 4 seats. ( 6) Recreation facilities: One space per 4 persons usio:; the facility (figured at a maximum capacity use period). I ( 7) Day care center: One space per classroan area and one space per 200 square feet.of office space· and a minimum of 6 spaces. (8) Police ana fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. ( 9) Library and nuseum: A minimum of 10 spaces plus one space per 206 square feet of office or administrative areas. \ 1 o. 7 M:xlifications: In general, the proposed developnent standards for t:be Battlement Mesa Planned Unit Develoµrent corresp:>nd closely to normal criteria of the Garfield . County zoning Resolution. In rome cases, 'the Battlement Mesa standards are more limiting, while in others typical County zoning regulations appea·r to ee more restrictive. Wherever this last situation exists, the added flexibility of develcprrent with the POD permits desirable variety and in some situations essential econcmies of constructiOn and maintenance. Throughout the Planned Unit Develq)nent program, special attention will ee given to !::ordering private prcperties ro that their values as established by existing Garfield County zoning standards will ee maintainea. In line with Garfield County zoning requirerrents thpt no p:>rtion of a POD shall ee used or oca.ipied, otherwise than as was pe1J11itted invnediately prior to the approval of rezonin;J as a POD, until a subdivision plat for said p:>rtion is approved bY the eoard 6f County canmissioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase according to all reason<eble public interest. 10.8 Att_ached Single-Family Dwellings (Zero-rot-Line and 'Ibwnhouse) Definition: An att.ached sit13le-family dwellin;J is a single-family dwellin;i that may share one or t""' a::rnrron side building walls with an adjacent similar dwelli!Jj' or dwellings arrl extend fran the lowest to the highest point of the building eetween said c:Orrm:ln side walls. -26- .. " ·,.-:···· . . ·{::· ... ;' ( 1) A zero-lot-line sirqle-family dwellirq shall occupy a lot and must have one side yard of at least 10 feet cpposite any wall located on a side lot line. ( 2) A towrthouse sirqle· family dwelling shall occufiy a lot arrl need not have any side yard setback except for those special conditions defined within the zonirq district. 10.9' Mditional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of·any particular area nPre restrictive than this PUD wuld i;errnit, b);' provisions on the subdivision plat, restrictive rovenants, or provisions in the deeds. -27- '.·· ., \. . '· 11.0 Modifications of Subdivision Regulations '.!he Planned Unit Developirent will confonn to the Subdivision Regulations of Garfield County, Colorcrlo, a:1opted January 2, 1979, except as noted below · or otherwise provided in this application ard except as may be i:ermitted by the Board of D:>unty Q:mmissioners at the time of subdividing. 'J:he specific !TDdifications set forth_belcw are requested to better allow the develoi::er to fulfill the previously stated purposes and objectives of this PUD. 11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to mntinue to provide access to a:1jaeent lands not included in the PUD which presently have access through a public dedicated right-of-way. · Adjacent privately owned land which ibes not presently have access off a public dedicated right-of-way through the area of the PUD will be provided appropriate access. Adjacent .land in [Xtblic ownership whiCh presently <'bes not have access off a public dedicated right-of-way through the area of the FUD will be1 provided <ppropriate access. Adjacent land in ftlblic ownership which presently does not have access off a public dedicated right-of-way through the area of the PllD will be provided access at the time of plattir>;J at the request of· the public agency controlling the land. · Dead-end streets may be designed with a cul-<le-sac head that meets the functional requirements of vehicular turnirs;i radii arrl sncw storage; this design may vary fran the 90 foot turnaround. Residential lots borderirs;i qrterial streets may be sided against the street as lor>;J as access to the lot is not fr<:m the arterial streets. 11.2 Private stra;ts (Sub. Reg. 5.02.02): Private streets may be used in areas within the PUD where through traffic is not desired and ldlere pavement widths can be narrower than those required on public streets. In suah cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parking arrangenents, planned snow storage areas, a:lequate sight distances, reasonable gradients 'arrl turnarounds ·adequate for errergency vehicles. FUrthenrore in SL\ch cases for camercial, retail and office uses, setbacks of 15· to 25 feet may te used for front ard side yards where the design considers the factors noted for roadway widths. At time of platting, the design, construction standards, maintenance responsibility arrl p:>licing arrangerrents. will be presented. -28- • I, ' ((: :~· ·~:i: ·~' ~; '.>' "• \i..'3 Street Widths (Sub. Reg. 5.02.03): Public street widths· proposed in the · ' POD will be determined by projected traffic volwne, parkirq arrangenents and other factors at the time of platting. 'lhe rar19e of requirements is proposed to be as follows: Street Type Arterial Collector Neighborhocx:l or Local Range of Dedicated Right-of-Way Width 80 -100 feet 60 -80 feet 40 -60 feet Range of lbadway Width 40 -72 feet 36 -44 feet 24 -36 feet. 11.4 Grades, Curves, and Site Distances {Sub'.· Reg. 5.0.04): Grades, curves, and sight distances will a::lhere to County standards except that variances may be requested at the time of plattirq for neighrorrooa, local, or other low volume traffic streets. 11.5 Relationship to Adjacent Sl s (Sub. Reg. 5.02.05): Cut-and~fin slopes are proposed to end with t natural topograp and mey exterd outside public dedicated street rights-of--way·providir19 revegetation requirements are met. 11.6 Sidewalks, Curb and Gutter (Sub. _Reg. 5.02.06): Sidewalk: locations will l:e in accordance With the plat at the time of subdividirg arrl will be sited so as to cptimize pedestrian routes throuqh open space to residential, educational and oaranunity facilities. ' Curb and gutter will be placoo where necessacy to direct stotm· draincge and where it would add l:O' ·eaee of ro;rl edge maintenance. Where a rural character is desired and storm drainage can l:e handled by ditch swales, curb an:l gutter may be eliminated. 11.7 lbadways (Sub. Reg. 5.02.07): Jbadways will a:mform in oonstruction specifications, other than width, to County requirerrents. Design of roa::l- way surface may vary fran parabolic crown to inverte:'I center pitch dependin:;J upon stran drainage_ requirerrents of various 'areas of the PUD. 11.8 Streets Names and Signs (Sub. Reg. 5.02.08): Street signs will oonform to a uniform system of signs and graphics designed for the total POD area. 11 . 9 Minimum Standards for Zercrrot~Line and Townhouse Projects: In zero-lot-line and tOWiihOUse projects the fullowirg mim.1num standards must be observed for either p.lblic or private streets: ( 1) (2) A minimum of 20 feet of access drive arid fire lane must !::e provided. A minimum of 3 feet for sidewalks on each side of an access drive rrust be provided adjacent to the ddve. ( 3) A minimum of 20 feet must t:e provided a:ljacent to one side of the access drive for utility easements 1'tiich may incorp:irate the side- walks area. -29- ) RESOLUTION NO. 79-132 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 Color.ado; and I WHEREAS, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28 -116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments to the said Zoning Resolution, which were on fil·e for public inspection in the Off ice of the Garfield County Clerk and Recorder for a period of thirty days beginning the 14 th day of September, 1979; and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon the question of the adoption of the pro- posed text amendments, 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 text amendments are necessary to make the aforementioned 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 Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows:. EXHIBIT F -.., AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION.'' Section 2. 02. 2 3 of the Garfield County Zoning Resolution sh.all be amended by the deletion of the words "the Colorado Department of Health and" and by the addition of the words "to review.and/ or enforce health and safety provisions or requirements which are included in this Resolution, "at end of said section. - Section 2. 02. 43 of the Garfield County Zoning Res_olution shall be amended by changing the w6rds 11 one thousand"· to 11 five hundred". Section 2.02.47 of the ·Garfield County Zoning Resolution shall be amended by changing th_e word "right" to "tight". The Garfield County zoning Resolution shall be amended by the addition of a new section 2.02.56, which shall read as follows: Salvage_ Yard: ·Any location which is rnaintainedr used · or operated for Storing, keeping,. buying or selling wreckedr scrapped, ruined, or dismantled motor vehicles or m~tor vehicle· parts, old or scrap copper, ·brass, rope, rags, batteries, paper, trash, rubber or sythe- tic petro-cheinical debris, waste, appliance~, or parts thereof, iron, steel, and other old or Scrap ferrous or non-ferrous material. ~ ~(/"'~· · . \se. ction 3.02.03 of the Garfield County Z~nin9 Resolution shall · ftjl:/ "°Lbe amended by cpanging the word "events" to "gatherings". t Section 3.07.06 0£ the Garfield County Zoning Resolution shall be amended by the addition.of the following paragrpah: (3) Side yard: 10 feet from side lot line or 1/2 the ·height of· the principal building, whichever is greater. Section 3.09 of the Garfield CoUnty Zoning Resolution shall be amended by changing the word "Special" to "Conditional".· Section 3.09.01 of the Garfield county Zoning Resolution Shall be amended by changing the word "special" to "conditional". Section 4.08.03 of the Garfield CoUrity Zoning Resolution shall be amended by_ the addition of the following, which shall be the first sentenc·e in said section. Every Planned Unit Development Plan shall include a deta.iled listing of districts within the POD in which specific uses shall· be permitted, which listing shall be in substantially the form contained in Section 3.00 hereof. Section 4.08.05(7) (d) of the Garfield .county Zoning Resolution shall be amended to read as follows: A list of the owners of properties located within 300 feet of the boundaries of the PUD and their addresses: Section 5.02.01 shall be amended by the addition of the following sentence: · Occupap.cy of an .e:XiStih~!~o}?ile h.oIDe·:_pat"k: and i1)d:i!.v:i.d,ual spaces of an existing mobile home park shall be governed by the provisions of Section 6.11 and 7.00 of this Resolution. Section 5~03(1) of the Garfield County Zoning Resolution shall be amended to read as follows: Utilities adequate to provide water and sanitation service based on accepted engineering standards and ap]?rove~ by the Environmental He~lth Office_r sJ:iall either be in place or shall be constructed in con- junction with the proposed use; P~ge l 1)1) ~r,~' AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The word and number "thirty (30)" found in Sections 5.03.0l {A) (4) and (A) (5) of the Garfield County zoning Resolution shall be amended to read "fifteen (15)". The first sentence of Section 5.03.07(4) of the Garfield County Zoning Resolution shall be amended to· read as follows: Ill the event the County Commiss.ioners or Planning Director determine that the impact of a proposed. induStrial operation is such that information in ~ddition to.the impact statement or other informa- tion submitted is necessary for the informed evalu- ation of such impact, such additional information may be required. Section 5.03.07 of the Garfield County·zoning Resolution shall ·be amended by the addition 0£ a new subparagraph., which shall read as follows: (6) The Planning Director may, upon the preliminary determination that-an industrial operation related solely to the extraction-of oil and gas from the· grou"nd through conventiori<il use of q:rilling and pumping, and the extraction of sahd and gravel affecting not more than ·ten=. acres has-l.imited impact, waive the requirement for the above-described impact statement, upon the submittal bf such information as the Planning ·Director require_s for the evaluatiOn of the impact of such an extractive operation. If the determi:riation is ).ater made that additional .. infOrmation is required, subsection (4) of this Section shall apply. Section 8. 01 of the Garf_ield County Zoning -Resolution shall be amended by the following words at the conclusion of the first sentence thereof: and all provisions of Building Code affecting the subject property~ Section 9.02.0l of the Garfield County Zoning Resolution shall be amended to read as follows: · Application: All conditional use permit appl_ications Shall be filed by the owner or .owner_s 9£ ·the subject lot with the Planning Director on· a form provided by the Plrui"ning Director for this purpose ·and shall. consist of q.11 information req~ired· of an application for a permit and subject to all administrative procedures thereof plus the following: · Supporting· infonnation,. plans, letters of approval from responsible agencies and other information to satisfy requirements.listed under Conditional and special Uses in the Supplementary Regulations. Section 9.02.02 of the Garfield County ·zoning Resolution shall be amended to read as follows: Action by the P·1-ann:ing Director: The Planni~g Director shall utilize service~ of the-Environmental Health Officer, the Building Official, and Planning Department and other county and state officials or agencies to arrive at a determination that the proposed buildings, structure and use is in.compliance with all applicable zoning, sub- division, building, .health and sanitation regulations; and if the proposed building, structure and use are in compliance, the· Planning Director shall roake·-a~- recommendatiofl that the County'Commissioners consider the application with or without a public hearing. Page 2 AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The Garfield County zoning Resolution shall be amended by the addition of a Section 9.02.03, which shall read as follows: Action· by the COt.Inty comrn"i·s·sibrt'e"rs: Upon receiving an application for conditional use Permit and recom- mendation regarding public hearing from the Planning Dire~tor, the County Corranissioners shall either (1) grant the conditional use permit without conditions, (2) provide the ·applicant with an opportunity for hear- ing, subsequent to which the County Commissioners may grant or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution, or (3) schedu1e a public hearing upon the conditional use appl~cation, at which the applicant· and interested parties, including county representatives, will be provided an opportunity to express their opinions regarding such application, sub- sequent .to which public hearing the County Co.mmissioners may .grant-, or conditionally grant the conditiqnal use permit on such conditions as are deemed necessary to effect the purposes of this Resolutioh. A hearing shall be held no later than 30 days following the receipt of the Conditional Use Permit application unless such time is extended by the county Commissioners. The County Commissioners may refer a request for conditional use permit tO the County Planning Corranission for its review and recommendation. Public Notice shall be provided in accordance with the provisions of Sections 9.03.03(-1) and -(2), if public \' hearing held. The concurring vote of the majority of the County commissioners shall be necessary to decide that the conditional use permit shall be conditionally granted upon specific conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decis~on, in writing, within fifteen (15) days following the public hearing. The decision shall state specific findings Of fact relevant to all essential issues." If the permit is conditionally granted, such decision shall incltide reasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: All. special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: The number "7.02.03" contained in SectiOn 9.04.02 of the Garfield county zoning Resolution shall be amended to read 11 9.05.03" • 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 Resolution, the CoWlty commissioners shall hold_ a public hearing thereon, at least thirty (30} days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by 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. Section 11:00 of the Garfield CoWlty Zoni~g Resolution shall be -3- AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION amended by the addition of a new paragraph, which shall read as follows: Unless otherwise specifically provided herein, time limitations imposed upon the Board of county Commissioners, the Planning commission, or any other CoWlty officer, or body by this Zoning Resolution shall be interpretted as having no consequence other than authorizing any interested party, upon the expiration of.such limitation, to request judicial relief in the nature of mandamus, .requiring the body or officer to make the determinations or decisions required by this Resolution. The expiration of any such time limitation shall not in· and of itself be considered the approval or denial of· any application, plan or question under· consideration. The Garfield County Zoning Resolution shall be·amended by the addition of new sections 3.11 through 3.11.09, which shall read as follows: 3 .11 R-MH/G/UD URBAN DENSITY RESIDENTIAL-MOBILE HOME/GENERAL/ 3.11.01 uses, by right: Single-family, two-family and multiple-family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property acces- sory to use of the lot for residential purposes and fences, hedges, gardens, walls. and similar landscape features; Park. 3.11.03 uses, conditiOnal: Mobile Home as principal -use of the lot; Row House; Studio for conduct of arts and crafts; Home occupation; Church, conununity building, day nursery· and school. 3.11.03 uses, special: Mobile Home P.ark; 3.11.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. J.11.os Maximwn Lot coverage: so percent 3.11.06 Minimum Setback: (1) Front yard; (a) arte~ial streets: street centerline or 50 feet from front whichever is greater; 75 feet from lot line, (b) Local street: 50 feet from street centerline or 25 feet from lot line, whichever ·is greater; (2) Rear Yard: 25 feet from rear lot line; (3) Side Yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. 3.11.07 Maximum Height of Buildings: 25 feet 3 .11. 08 Max.imum Floor Area Ratio: 0. 50/1. O and as further provided under Supplementary Regulatfons. 3.11.09 Additional Requirements: All uses shall be subject to the provisions Wlder Section 5 {Supplementary Regulations). -4- AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.0l of the Garfield County Zoning Resolution shall be amended to read as follOws: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the zone district provisions of this resolu- tion, provided that each of the following conditions .is satisfied in the situation of a special use and that the first three of the conditions are satisfied 1n the situation of-a Coilditional use: The legend of zone district designations shall be amended by the addition of the following: .R-MH/G/UD RESIDENTIAL-MOBILE HOME/GENERAL/URBAN DENSITY BE IT FURTHER RESOLVED that the foregoing amendments sha'll be effective immediately, that a copy of this amending Resolution shall be filed and recorded with the Garfield County and Recorder, and that all other provisions of the said Garfield County zoni~g Resolution shall remain in full force and effect. DATED this·· 15th day of October, 1979. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO -s- ) GARFIELD COUNTY ZONING RESOLUTION OF 1978 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRI.NGS, COLORADO Adopted & Enacted January 2, 1979 Effective January 2, 1979 ) This copy includes all amendments through: January 2, 1979 ~II «i('dJv\ v vvf J1mWi le, ~\rtlwl J GJwcccs+ ULwtt 5'1£llm-tt:>1@ ~Cfi~·I ~ ~~td.tUt1 l\ cJ .~~l(Q (A)V\'\ {fa~{(--' RESOLUTION #79-1 WHEREAS, C.R.S. 1973 Title 30, Article 28, as amended, provides for the approval of all zoning plans and the adoption and amendment of regulations and resolutions to implement such zoning plans by the Board of county Commissioners of a given county: and WHEREAS, pursuant to said authority, the Zoning Resolu- tion of Garfield County was adopted and enacted by the Board of County Commissioners of said county on the 27th day of November, 1973, and subsequently amended: and WHEREAS, the repeal and reenactment of said resolution, with certain amendments, has been recommended by the Garfield County Planning Commission to this Board; and WHEREAS, this Board has given notice of public hearing of such proposed repeal and. reenactment and amendments by one or more publications in newspapers of general circulation in Garfield County,. such hearing having been held on January 2, 1979, and this Board having given full consideration thereto: and WHEREAS, this Board deems it necessary and advisable to adopt the following Zoning Resolution for the purpose of promoting and protecting the health, safety and welfare of the· inhabitants of Garfield County, Colorado: NOW THEREFORE, be it resolved by the Board of County Commissioners of Garfield County, .Colorado, at its meeting held on the 2nd day of January, 1979, that the Garfield County Zoning Resolution, together with all accompanying maps, is hereby repealed and reenacted with the amendments contained herein and shall be effective immediately. Be it further resolved that all existing or previously adopted Zoning Resolutions for Garfield County, Colorado, be and the same hereby are repealed and superseded by this "Garfield County Zoning Resolution of 1978". The said Zoning Resolution of Garfield County shall be as follows: 1. 00 01 02 03 04 05 06 07 2 .00 01 0 2 3.00 01 02 03 04 05 06 07 08 09 10 4.0 0 01 02 03 04 05 06 07 08 09 10 11 12 5.00 01 02 03 04 05 06 TABLE OF CONTENTS GENERAL PROVISIONS .. Purpo_se . . . Authority .. Short Title . Establishment of Districts. Incorporation of Maps . • . Zone District Boundaries -Application of Regulations 1 l 1 l l l 2 2 Legend of Zone District Designations. . . 4 DEFINITIONS . . • . . . Rules of Construction . Terms Defined • . . . · . ZONE DISTRICT'' -REGULATIONS Agricultural/Industriai . Agricultural/Residential/Rural Density. Residential /Limited/Suburban De nsi ty .. Residential/Limited/Urban Density .• Residential/General/Suburban Density. Residential/General/Urban Density Commercial/Limited. Conunercial/General . Open/Space .... . Resource/Lands .. . PLANNED UNIT DEVELOPMENT .. Definitions . . . . . . . ... Purposes and Objectives of Development. Scope . . . . . . . . . . . . . . . . . 5 5 5 1 3 13 14 15 16 17 18 19 21 22 22 Consistency with the General Plan .•.. Relationship to Zoning and Subdivision ... Internal Compatibility of PUD 24 24 25 26 26 2 6 27 27 30 33 34 35 Standards and Requirements ..•. .PUD Processing. . . . . . . . . . Development in Stages . . . . . . Maintenance of Common Open Space. Fee . • • . Enforcement and Modification of P rovision s of the Plan . • . . . SUPPLEMENTARY REGULATIONS Supplementary Use Regulations Mobile Home and Camper Park Regulations . Conditional and Special Uses ..... . Su ppl ementary Lot Area Regul~tions .. . Supplementary Setback Regulations . • . 35 37 37 . . 39 50 57 61 ·Supplementary Building Height Regulations . 63 6.00 FLOODPLAIN REGULATION 63 01 Statement of Purpose. 6 3 02 Definitions • . • • . 63 03 Applicability of Regulations. 66 04 Determination of Floodplains for Planned Unit Developments and Subdivision in Areas Not Previously Mapped . . . , . • . . • . . . . 66 05 Delineation of Districts Within Floodplain. 67 06 Adoption of Official Maps and Reports . • 68 07 Integration of Floodplain Regulation and zoning Regulation . • • . . . . • . . • . 69 08 Administration Procedures • • . • • . • . . 69 09 Special Uses and Standards for Construction 70 10 Disclaimer of Liability . . . . 74 11 Nonconforming Uses. . . • . • . • 7 5 7.00 01 02 03 04 05 06 07 8.00 01 02 9.00 01 02 03 04 05 10.00 01 02 03 04 11. .08 12.00 13.00 14.00 15.00 NON-CONFORMING USE REGULATIONS .• Non-conforming Uses and Buildings Repair and Maintenance. Restoration • . . . • Change in Use • • . . Replacement of Mobile Home. Enlargement . . . . . Abandonment . . • . • ADMINISTRATIVE ORGANIZATION Office of Building Official Board of Adjustment . . . ADMINISTRATION PROCEDURES Permit. . . • . . . • • Permit-Conditional Uses Permit-Special Uses • Administrative Appeal & Interpretation. Variance. AMENDMENT Classification. Initiation. Submittal . Procedures. 75 75 75 75 75 76 76 76 76 76 76 78 78 79 80 82 83 85 85 85 85 86 INTE!<l'RE'l'A'J)4Y!>h-~--------~~~~-Jtil-------- VIOLATION, PENALTY AND REMEDIAL ACTIONS 87 SEVERABILITY. 87 REPEAL 87 ENACTMENT CLAUSE. 88 1. 00 1. 01 1. 02 1. 03 1. 04 1. 05 GENERAL PROVISIONS PURPOSE This Resolution is drawn in accordance with the General Plan of Garfield County and is designed for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the state, including the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire, flood waters and other dangers, providing adequate light and air, classifica-· tion of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the state's agricultural and other industries, and the protection of both urban and non-urban development. AUTHORITY This Resolution is authorized by Title 30, Article 28, of the Colorado Revised Statutes, 1973, as amended. SHORT TITLE This Resolution shall be known and may be cited and referred to as the "Garfield County Zoning Resolution of 1978" and herein may be referred to as "this Resolu- tion" or "Zoning Resolution." ESTABLISHMENT OF DISTRICTS To carry out the purpose and provisions of this Reso- 1 ution, the zoned area of Garfield County is divided into the following zone districts. A/I A/R/RD R/L/SD R/L/UD R/G/SD R/G/UD C/L C/G O/S R/L P/U/D Agricultural/Industrial Agricultural/Residential/Rural Density Residential/Limited/Suburban Density Residential/Limited Urban Density Residential/General/Suburban Density Residential/General/Urban Density Commercial/Limited Commercial/General Open/Space Resource/Lands Planned/Unit/Development INCORPORATION OF MAPS The location and boundaries of the zone districts established by this Resolution are shown on the "Zone -1- 1. 06 1. 07 District Maps" of Garfield. County. Said zoning maps, together with all data shown thereon, and all amend- ments thereto, are hereby incorporated by reference into this Resolution. The Zone District Maps shall be identified by signature of the Chairman of the Board of County Commissioners, attested by the county Clerk, and bear the seal of the County and date of adoption. Changes in the boundary of any zone district shall be made only upon amendment to this Resolution and shall promptly be entered on the zone District Maps with an entry on the map giving the number of the amending resolution and the date together with the signature of the Chairman of the County Commissioners attested by the County Clerk. The original Zone District Maps shall be located in the office of the county Planner with copies for public reference maintained in the office of the County Clerk and in the office of the County Surveyor. ZONE DISTRICT BOUNDARIES Except where otherwise indicated, zone district boundaries shall follow county lines, municipal corporation limits, section lines, lot lines, or right-of-way lines or ex- tensions thereof. In unsubdivided land or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by scale of the Zone District Map. Where a zone district boundary coincides with a right-of-way line and said right-of-way is subsequently abandoned, the zone district boundary shall then follow the center- line of the former right-of-way. Land not part of a public right-of-way and which is not indicated as being in any zone district shall be considered to be included in the most restricted adjacent zone district even when such district is separated from the land in question by a public right-of-way. APPLICATION OF REGULATIONS These regulations shall .apply to the entire unincorporated area of Garfield county, Colorado. Except as hereinafter provided: No building or structure shall be erected and no existing building or structure shall be moved, removed, altered or extended, nor shall any land, building or structure be used for any purpose or in any manner other than as provided among the uses hereinafter listed in the zone District Regulation for the district in which such land, building or structure is located; -2- No building or structure shall be erected nor shall any existing building or structure be moved, removed, altered or extended nor shall any open space surround- ing any building or structure be encroached upon or reduced in any manner, except in conformity with the lot area, lot coverage, floor area ratio, setback and height provisions hereinafter provided in the Zone District Regulation for the district in which such land, building or structure is located; No lot area, frontage, yard or other open space or parking provided about any building or structure for purposes of compliance with provisions of this Reso- lution shall be considered as providing lot area, frontage, yard or other open space or parking for any other building or structure in the same lot or on any other lot; Uses permitted by this Resolution shall also be subject to provisions of other applicable county and state regulations except as specifically provided herein; and further, where the provisions of this Resolution impose a greater restriction than set forth by such other regulation, the provisions of this Resolution shall govern. -3- LEGEND OF ZONE DISTRICT DESIGNATIONS A/I AGRICULTURAL/INDUSTRIAL A/R/RD AGRICULTURAL/RESIDENTIAL/RURAL DENSITY R/L/SD RESIDENTIAL/LIMITED/SUBURBAN DENSITY R/L/UD RESIDENTIAL/LIMITED/URBAN DENSITY R/G/SD RESIDENTIAL/GENERAL/SURBURBAN DENSITY R/G/UD RESIDENTIAL/GENERAL/URBAN DENSITY C/L COMMERCIAL/LIMITED C/G. . COMMERCIAL/GENERAL 0/S OPEN/SPACE P/U/D PLANNED/UNIT/DEVELOPMENT OJlli R/L RESOURCE/LANDS -4- 2.00 2.01 2.02 2.02.01 2.02.02 2.02.03 2.02.04 2.02.05 2.02.06 DEFINITIONS RULES OF CONSTRUCTION Whenever appropriate to the context, words used in the present tense include the future tense; words used in the singular include the plural and words used in the plural include the singular. The word "shall" is mandatory, the word "may" is permissive. TERMS DEFINED For purposes of this Resolution, certain terms are defined as follows: Aeration Plant: Equipment or devices for the aerated treatment of sewage capable of meeting the standards and requirements of the Garfield County Individual Sewage Disposal System regulations. Agricultural Land: Any parcel of land presently being used for the primary purpose of obtaining a monetary profit by raising, harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the products of, livestock, poultry, fur bearing animals, or honey bees, or for dairying and the sale of dairy products, or for any other agricultural or horticultural use of animal husbandry or any combination thereof. Aircraft Landing Strip: A private facility for accom- modation and.servicing of aircraft, the use of which shall be limited to the owner or owners of the lot upon which the facility is located. Airport: A public facility for accommodation and servicing of aircraft; (1) Airport, utility: a basic or general utility airport as defined by the Federal Aviation Administra- tion; use shall be limited to aircraft weighing no more than 12,500 pounds; (2) Airport, air carrier: an air carrier airport as defined by the Federal Aviation Administration. Alley: A public right-of-way providing only secondary access to the rear of a property and not intended for general travel. Boarding or Rooming House: A residential building, or portion thereof, other than a hotel, motel or lodge, which is used both as a residential building and to -5- 2.02.07 2.02.os 2.02.09 2.02.10 2.02.11 2.02.12 provide lodging (with or without meals) for four or more persons for compensation; such compensation may include money, services or other things of value. Building: Any structure used for shelter or enclosure of persons, animals, or property; any building used for permanent shelter or enclosure of persons shall be one of the following: (1) Building -conventional and prefabricated: a building constructed or erected on the lot or building site in a conventional manner using individual assembled or unassembled building materials, which shall be less than the entire building or major portion thereof. (2) Building -Modular: a building erected on a lot using prefabricated or preassembled component building parts which shall comprise the .entire building or major portion thereof; such building shall bear certification of approval as "factory built housing"; designated as "FB" uni ts by the Colorado Division of Housing. (3) Building -Mobile Home: factory manufactured relocatable living unit, initially constructed to permit its being used as a conveyance upon the public streets or highways; designated as "MH" units by the Colorado Division of Housing. Building, accessory: A detached, subordinate building located on the same lot as the principal building, the use of which is incidental and subordinate to the use of the principal building. Building Height: The distance, measured vertically, from the undisturbed or natural ground surface at the mid-point between the front and rear walls of a building to the top of a flat roof or mansard roof or to the mid-point between the eave lihe and the peak of a gable, hip, shed or similar pitched roof. Building Official: The Building Official designated by the county Commissioners to administer and enforce this Resolution and the Building Code Resolution of Garfield County, Colorado. · Camper Park: Any lot which has been designed, improved or used for the parking of two (2) or more camper vehicles and/or tent campers for human habitation. Camper Space: A plot of ground within a camper park designed for accommodation of one camper vehicle or tent. -6- 2.02.13 Camper Vehicle or Trailer: Any vehicle or portable structure designed to be transported on, or towed behind, a vehicle and designed to permit temporary occupancy as living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower. 2.02.14 Central Collection of Sewage: Central collection of sewage shall mean the transmission of all liquid wastes from one or more residential, commercial and/or other sources to an adequate facility for primary treatment, secondary treatment, and appropriate ultimate re- utilization or disposal. 2.02.15 2.02.16 2.02.17 2.02.18 2.02.19 2.02.20 2.02.21 2.02.22 2.02.23 2.02.24 2.02.25 2.02.26 commission: The Garfield County Planning commission. county: Garfield county, Colorado. county Commissioners: The Board of county Commissioners of Garfield County, Colorado. Dwelling: A building or portion thereof used for residential occupancy. Dwelling Unit: One or more rooms in a dwelling occupied by one family living independently of any other family. Dwelling, Single Family: A building containing only one dwelling unit. Dwelling, Two Family: A building containing two dwelling units. Dwelling, Multiple pamily: A building containing three or more dwelling units. Environmental Health Officer: tarian or other representative Board of Health and the county An officer and/or designated by the Commissioners. sani- Colorado Family: One or more persons occupying a dwelling unit. Feed Lot: A closely confined area for the feeding of livestock as contrasted with grazing or pasturing of livestock; where such use is not incidental and sub- ordinate to a general ranch operation, it shall be considered a principal use of the lot and regulated as such under the zone district designation. Floor Area: The total inhabitable horizontal floor area of all floors in a building exclusive of basement, garage, storage, .and utility area. -7- 2.02.27 Floor Area Ratio: The relationship of floor area to total lot area expressed as an arithmetic ratio . 2.02.28 Greenbelt: Land retained in an open or unimproved condition, except for agriculture, for the placement of -landscape materials , including trees, shrubs and grasses, and structures limited to foot paths , bridges , irriga- tion structures and-erosion protection devices and underground utilities, or imprdved for park use as defined herein; ownership of such land may be private with an easement or reservation for greenbelt use by deed restriction, or it may be dedicated to the public. Designation of greenbelt does not imply provision for access by the public. 2 .02.29 Home Occupation: Any use for gain or support carried on as an accessory use within a dwelling or in a building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity. 2.02.30 Hotel, Motel or Lodge : A building providing six or more rooms for the lodging of members of the public (with or without meals) for compensation. 2.02.31 Industrial Operations Classifications: Industrial uses shall be classified under one of the following categories which characterizes the dominant feature of the opera- tion for purposes of regulation under this Resolution: (1) Extraction: "to draw out or forth; hence to derive as if by drawing out"; removal of physical matter in a solid, liquid or gaseous state from its natura l ly occurring location; the initial step in utilization of a natural resource; examples include petroleum and natural gas wells, shale and coal mines, gravel pits, timber cutting; (2) Processing: "to subject to some special process or treatment, as in the course of manufacture 11 ; change in the physical state or chemical composition of matter; the second step in utilization of a natural resource; examples include petrolemft refining, oil shale crushing, retorting and refining , ore smelting, coal crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing, creation of glass, ceramic or plastic materials, gravel crushing , cement manufacture; concrete batch plants which use gravel extracted from the same lot on which the processing occurs; -8- 2.02.32 2.02.33 2.02.34 2.02.35 2.02.36 (3) Fabrication: "to form by art and labor; to manu- facture"; change in the physical shape of matter; the final step in utilization of a natural resource; examples include manufacture of equipment, vehicles and consumer goods from processed materials, wood and metal working operations, and batch plants; (4) Storage: "act of storing or state of being stored, specifically, the safe keeping of goods in a warehouse or other depository"; examples include products, and open storage of mineral storage piles of gravel, ore, and shale; (5) Repair: "to restore to a sound or good state after decay, injury, etc."; restoration of a damaged object to its original physical shape; examples include automobile and equipment repair, appliance repair; (6) Material Handling: "to load and unload goods, materials, and products, whether industrial or com- mercial, in bulk", excluding the operations of extraction, processing,. fabrication or storage as defined above. Lot: A parcel of land held in separate ownership from contiguous lands or defined as an individual lot on a subdivision plat filed of record in the office of the Clerk and Recorder of Garfield county, Colorado. Lot Area: The total horizontal land area within the boundaries of a lot. Lot Line: The external boundary of a lot; (1) Lot Line, Front: the boundary of a lot dividing it from the adjacent street; (2) Lot Line, Rear: the boundary of a lot opposite the front lot line; (3) Lot Line, Side: any boundary of a lot other than a front or rear lot line. Lot coverage: The portion of a lot which is coverea or occupied by buildings, structures, parking, and drives. Lot Slope: The gradient or configuration of the un- distrubed land surface of a lot or building site which shall be established by measuring the maximum nlimber of feet in elevation gained or lost over each 100 feet or fraction thereof measured horizontally in any directi.on between opposing lot lines; the relationship of elevation or vertical measurement as divided by the horizontal -9- 2.02.37 2.02.38 2.02.39 2.02.40 2.02.41 2.02.42 2.02.43 measurement shall be expressed as a percentile as a means of quantifying the term lot slope. Mobile Home: Factory manufactured relocation living unit and initially constructed to permit its being used as a conveyance upon the public streets or highways, and designated as "MH" units by the Colorado Division of Housing. Mobile Home Park: Any lot used for location of two or more mobile home buildings for human habitation. Mobile Home Space: home park designed home. A plot of ground within a mobile for accommodation of one mobile Off-Street Parking: An area maintained on the lot in an accessible and unobstructed condition for parking of automobiles by the residents, visitors, employees and customers of uses occupying the lot and shall be a minimum of 200 square feet. Park: Land retained in an open condition for recrea- tional use; it may be improved with play ground apparatus, tennis courts, golf courses (with or without a club- house), picnic areas, riding or hiking trails and similar facilities; all facilities shall be built and maintained either by a unit of government, by a non- profit corporation or by private interests as part of a larger subdivision of development of land for use by the inhabitants thereof; ownership of the land may be deeded or reserved to a property owner's association or it may be dedicated to the public. Permit: An instrument in writing issued by the Building Official permitting a specific use of lands which are subject to regulation under this Resolution, and setting forth any conditions to which such use is subject. Public Gatherings: An activity (including a meeting, assemblage, or gathering of persons) open to members of u ·c for which attendance is anticipated to exceed one thousand persons, and which may reasona y be anticipated to interfere with the use and enjoyment of the property of landowners adjacent to the site of the proposed activity, or which may constitute a general nuisance, unless properly regulated, including the place, time, and manner in which such activity takes place may be permitted, -10- 2.02.44 2.02.45 2.02.46 2.02.47 2.02.48 2.02.49 2.02.50 2.02.51 Planning Director: The Planning Director designated by the County Commissioners to assist the county Planning Commission and the County Commissioners with the ad- ministration of the state and county land use regu- lations. Row House: common side dwelling or the highest side walls. A single family dwelling sharing one or two building walls with an adjacent similar dwellings and extending from the lowest to point of the building between said common School: A public or private pre-school, elementary or secondary school or college. Septic Tank: A water right, accessible, covered receptacle designed and constructed to receive sewage from a building sewer, to settle solids from the liquid, to anaerobically digest organic matter and store di- gested solids through a period of retention and allow the clarified liquids to discharge to other.treatment units for final disposal. Setback: The minimum dimension of a required yard. Sewage Treatment Works: A system or facility for treating, neutralizing, stabilizing, or disposing of sewage, which system or facility has a designated capacity to receive more than two thousand gallons of sewage per day. The term "sewage treatment works" includes appurtenances such as interceptors, collection lines, outfall and outlet sewers, pumping stations, and related equipment. Street: A right-of-way reserved for public use (other than an alley) which also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for utility access to adjacent properties. (1) Street, arterial: a street primarily used for through traffic, as designated on the Zone District (2) Street, local: a street primarily used for access to adjacent properties. Subdivided Land: Land located either within a sub- division, a plat of which has been filed in the office of the Clerk and Recorder of Garfield County, or land which has been specifically exempted from subdivision review by the County Commissioners. -11- 2.02.52 2. 02. 53 2.02.54 Use: (1) Use, principal: the purpose or function for which a lot, structure or building is intended, designed or constructed or the activity which is carried on within said lot, structure or building; a lot is restricted to one principal use; (2) Use, accessory: to the principal use and on the same lot; (3) Use, by right: district when listed or approval required stipulations of this a use incidental and subordinate of the lot, structure or building a use allowed in a particular zone thereunder with no further conditions other than the general terms and Resolution. (4) Use, conditional: a use allowed in a particular zone district when listed thereunder provided that all requirements under the applicable Zone District Regula- tions and Supplementary Regulations are observed. (5) Use, special: uses allowed. only by permit of the County Commissioners, which permit may be granted or denied. If granted, certain conditions and performance standards may be imposed and must be complied with by the permittee. Water Impoundments: Impoundments of water including surface runoff, streamflow, extracted ground water and water as a by-product of extraction or processing of mineral resources, energy generation ·or agricultural, municipal or industrial water supply or sewage treatment installation, with a surface area of one acre or more, or a number of smaller impoundments on one lot with an aggregate surface area of one acre or more. Yard: The open space on a lot (other than an interior court) unobstructed from the ground upward, except as otherwise provided in this Resolution: (1) Yard, front: a yard extending the full width of e lot, the depth of which shall be rneasared in the shortest horizontal distance between the front lot line and the nearest wall of the principal building; such distance to be known as the front yard setback; (2) Yard, rear: a yard extending the full width of the lot, the depth of which shall be measured in the shortest horizontal distance between the rear lot line and the nearest wall of the principal building; such distance to be known as the rear yard setback; -12- 2.02.55 3.00 (3) Yard, side: a yard extending from the front yard to the rear yard, the width of which shall be measured in the shortest horizontal distance between the side lot line and the nearest wall of the principal building; such distance to be known as the side yard setback. Resource Lands District Definitions: (1) Plateau: the rolling lands of the higher elevation in resource land districts and generally found above the ·escarpment.· (2) Escarpment: the fixed bedrock forming vertical or near vertical parts of the canyon walls. (3) Talus slopes: loose deposits of rock debris accumulated at the base of a cliff or slope. (4) Gentle slopes and lower valley floor: colluvial and alluvial soil at the base of talus slopes in the lower valley floor. ZONE DISTRICT REGULATIONS The zone districts shall be governed in conformity with the following regulations: 3.01 A/I --AGRICULTURAL/INDUSTRIAL 3. 01. 01 Uses, by right:. Agricultural, including farm, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur-bearing and other small animals, and customary accessory uses including buildings for shelter and enclosure of persons, animals or property employed in any of the above uses; retail establishment for sale of goods processed from raw 3.01.02 materials produced on the lot; Kennel, riding stable and veterinary clinic, guiding and outfitting; Single-family dwelling and customary accessory uses only where it is accessory to the uses listed above. Uses, conditional: Aircraft landing strip, airport- utility, salvage yard and sanitary land-fill; mobile home as accessory use to ranch or farm operations. Horne occupation. Site for extraction and processing of natural resources; -13- 3. 01. 03 3.01.04 3.01.05 3.01.06 3.01.07 3. 01. 08 3.02 3.02.0l 3.02.02 Plant for fabrication of goods from processed natural resourcest Storage, water impoundments. Uses, special: Single-family dwelling, camper park, mobile home as principal use of the lot; Airport -air carrier. Minimum Lot Area: 2 acres. Maximum Lot Coverage: 15 percent. Minimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from lot line, whichever 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 rear lot line; (3) Side yard: 10 feet from side lot line, or ~ the building height, whichever is greater. Maximum Height of Buildings: 40 feet. Additional Requirements: All uses shall be subject to the provisions of Section 5 (Supplementary Regulations) A/R/RD --AGRICULTURAL/RESIDENTIAL/RURAL DENSITY Uses, by right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur-bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of persons, animals, or property employed in any of the above uses, retail establishment for sale of goods processed from raw materials produced on the lot; Kennel, riding stable and veterinary clinic, guiding and outfitting, and park, Single-family dwelling and customary accessory uses. Uses, conditional: Aircraft landing strip, church, community buildings, day nursery and school; mobile home as accessory use to ranch or farm operations. Studio for conduct of arts and crafts, home occupation, water impoundments. -14- 3.02.03 3.02.04 3.02.05 3.02.06 3.02.07 3.02.0B 3.03 3.03.01 :>.03.{'J:Z 3.03.03 3.03.04 3.03.05 Uses, special: Airport utility, feedlot as principal use of the lot; Two-family dwelling, mobile home as principal use of the lot, camper park, ski lift and trails; Public events; Site for extraction and processing of natural resources. Minimum Lot Area: 2 acres Maximum Lot Coverage: 15 percent. Mimimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever 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 rear lot line; (3) Side yard: 10 feet from side lot line, or ~ the height of the. principal building, whichever is greater. Maximum Height of Buildings: 25 feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). R/L/SD --RESIDENTIAL/LIMITED/SUBURBAN DENSITY Uses, by right: Single-family dwelling and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features; park. tlses, conditional. Chtirch, eemmunity build:i.n9'1 d"Y nursery and school, home occupation. Uses, special: Two-family dwelling, row house, mobile home as principal use of the lot, studio for conduct of arts and crafts, water impoundments. Minimum Lot Area: 20,000 square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: 25 percent. -15- 3.03.06 3.03.07 3.03.08 3.03.09 3.04. 3.04.01 3.04.02 3.04.03 3.04.04 3.04.05 3.04.06 Minimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever 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 irom rear lot line; (3) Side yard: 10 feet from side lot line or ~ the height of the principal building, whichever is greater. Maximum Height of Buildings: 25 feet. Maximum Floor Area Ratio: 0.100/l.O and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). R/L/UD --RESIDENTIAL/LIMITED/URBAN DENSITY Uses, by right: Single-family dwelling and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residen.tial purposes and fences, hedges, gardens, walls and similar landscape features; park. Uses, conditional: Church, comn\unity building, day nursery and school; Row house. Home occupation. Uses, special: Two-family dwelling, mobile home as principal use of the lot, studio for conduct of arts and crafts, water impoundments .Mimimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: 35 percent. Minimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever is greater; -16- 3.04.07 3.04.08 3.04.09 3.05 3.05.01 3.05.02 3.05.03 3.05.04 3.05.05 3.05.06 (b) local streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater; (2) Rear yard: 25 feet from rear lot line; (3) Side yard: 10 feet from side lot line or ~ the height of the principal building, whichever is greater. Maximum Height of Buildings: 25 feet Maximum Floor Area Ratio: 0.25/1.0 and as further pro- vided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations) . R/G/SD --RESIDENTIAL/GENERAL/SUBURBAN DENSITY Uses, by right: Single-family, two-family, and multiple- family dwellings, boarding and ro·oming house, and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park. Uses, conditional: Row house; studio for conduct of arts and crafts; home occupation; Church, community building, day nursery and school. Uses, special: Mobile home as principal use of the lot, mobile home park, water impoundments. Minimum Lot Area: 20,000 square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: 35 percent. Minimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever 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 rear lot line; (3) Side yard: 10 feet from side lot line or ~ the height of the principal building, whichever is greater. -17- 3.05.07 3.05.08 3.05.09 3.06 3.06.01 3.06.02 3.06.03 3.06.04 3.06.05 3.06.06 Maximum Height of Buildings: 25 feet. Maximum Floor Area Ratio: 0.25/1.0 and as further pro- vided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regu- lations) . R/G/UD --RESIDENTIAL/GENERAL/URBAN DENSITY Uses, by right: Single-family, two-family and multiple- family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park. Uses, conditional: Row house; studio for conduct of arts and crafts; Home occupation; Church, community building, day nursery and school. Uses, special: Mobile home as principal use of the lot, mobile home park; Restaurant or retail establishment accessory to prin- cipal use of the lot for multiple-family residential purposes; Water impoundments. Mimimum Lot Area: 7500 square feet and as further provided under Supplementary· Regulations. Maximum Lot Coverage: 50 percent. Mimimum Setback: (1) Front ard: (a) arterial streets: 75 feet from street centerline or 50 eet rom ront ot 1ne, whichever is greater; (b) local streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater; (2) Rear yard: 25 feet from rear lot line; -18- 3.06.07 3.06.08 3.06.09 3.07 3.07.01 (3) Side yard: 10 feet from side lot line or ~ the height of the principal building, whichever is greater. Maximum Height of Buildings: 25 feet. Maximum Floor Area Ratio: 0.50/l.O and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regula- tions). C/L --COMMERCIAL/LIMITED Uses, by right: Single-family, two-family and multiple- family dwelling, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar land- scape features; park; boarding and rooming house; hotel, motel, lodge; Church, community building, day nursery and school; auditorium, public building for administration, fra'- ternal lodge, art gallery, museum, library; Hospital, clinic, nursing or convalescent home; Office for conduct of business or profession, studio for conduct of arts and crafts provided all activity is conducted within a building; Commercial establishments, as listed below, provided the following requirements are observed: (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted (4) No dust, noise, glare or vibration is projected beyond the lot; Wholesale and retail establishment including sale of food, beverages, dry-goods, furniture, appliances, automotive and vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials; -19- 3.07.02 3.07.03 3.07. 04 3.07.05 3.07.06 3.07.07 3.07.08 3.07.09 Personal service establishment, including bank, barber or beauty shop; laundromat, laundry or dry-cleaning plant serving individuals only; mortuary, photo studio, shoe repair, tailorshop, restaurant, reading room, private club, theater and indoor recreation; General service establishment, including repair and service of automotive .and vehicular equipment, vehicular rental; service and repair of appliance, shop for blacksmith, cabinetry, glazing, machining, printing, publishing, plumbing, sheet metal and contractor's yard. Uses, conditional: Mobile home as principal use of the lot, row house; Home occupation; Parking lot or garage as principal use of the lot. Uses, special: Automotive service station or washing facility; camper park; mobile home park; Any use, by right, in this zone district used prin- cipally as a drive-in establishment where the customer receives goods or services while occupying a vehicle; water impoundments. Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: 75 percent. Minimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever is greater; (b) local streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater; ( 2) Rear ya re 1 25 feet from nlla.r lot liPe for· Jot occupied by residential uses; 7.5 feet for lots with no residential occupancy; Maximum Height of Buildings: 25 feet. Maximum Floor Area Ratio: 0.50/l.O and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). -20- 3.08 3.08.01 3. 08. 02 3. 08. 03 3.08.04 3.08.05 3.08.06 3 •. 08. 07 3.08.08 3.08.09 C/G --COMMERCIAL/GENERAL Uses, by right: Any use, by righ~ of the C/L district subject to all conditions listed thereunder; General service establishment including lumber yard, motor freight depot and storage. Uses, conditional: Any conditional use of the C/L district subject to all conditions listed thereunder; Plant for fabrication of goods from processed natural resources. Uses, special: Any special use of the C/L district subject to all conditions listed thereunder; Plant for processing natural resources and agricultural materials into food and beverages; Salvage yard, water impoundments, automobile race track and material handling. Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. Maximum Lot coverage: 75 percent. Minimum Setback: (1) Front yard: (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever is greater; (b) local streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater; ( 2) Rear yard: 2 5 feet from rear lot line for lots occupied by residential uses; 7.5 feet for lots with no residential occupancy; (3) Side Yard: 10 feet from side lot line or ~ the Height of the piincipal bu±:hling, wh±ehever is greater. Maximum Height of Building: 35 feet. Maximum Floor Area Ratio: 0.50/1.0 and as further pro- vided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regu- lations) • -21- 3.09 3.09.01 3.10 3.10.01 O/S --OPEN/SPACE The Open/Space district shall include all land owned by the u. s.· Government or the State of Colorado in the unincorporated area of Garfield County, and not in- cluded in any other zone district; uses in this district shall be limited only in respect to the following which shall be regulated as Special Uses by the County Com- missioners: Uses, special: Extraction, processing, fabrication and storage of natural resources and agricultural materials; Water impoundments; sanitary land-fill; aircraft landing strip. R/L RESOURCE/LANDS The Resource/Lands district shall be subclassified into the following zones: (1) Plateau (2) Escarpment (3) Talus slopes (4) Gentle slopes and lower valley floor Plateau Uses, by right: Ranching, farming and general agri- culture, guiding and outfitting, accessory uses and structures related to agriculture; Single-family dwelling units related to an individual ranch or rarmstead. uses, conditional; allowed by permit only: Extraction, processing, fabrication, storage area, salvage yard, sanitary land-fill, water impoundments, mineral waste disposal area, access routes, utility lines, pipelines, warehouse facilities/staging areas, and accessory uses to the above. Uses, special: Air carrier airport, commercial, recreational uses; public events. Minimum Lot Area; for dwelling units: 35 acres. Required Setback: All structures shall be located at least 100 feet from any property line. -22- 3.10.02 3.10.03 3.10.04 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regu- lations). Escarpment Uses, by right: Ranching, farming, and general agri- culture; guiding and outfitting. Uses, conditional; allowed by permit only: Extraction, processing, access routes, utility lines, pipelines, water impoundments, warehouse facilities/staging areas, and accessory uses to the above. Uses, special: Mineral waste d_isposal areas; public events. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regula- tions). Talus Slopes Uses., by right: Ranching, farming and general agri- culture; guiding and outfitting. Uses, conditional; allowed by permit only: Extraction, processing, access routes, utility lines, pipelines, water impoundments, warehouse facilities/staging areas, and accessory uses to the above. Uses, special: Mineral waste disposal areas; public events. Additional requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regula- tions). Gentle slopes and lower valley floor Uses, by right: Ranching, farming and general agri- culture, accessory uses and structures related to agriculture; guiding and outfitting. Single-family dwelling units and customary accessory uses; Kennel, riding stable and veterinary clinic; Retail establishment for sale of goods processed from raw materials produced on the lot. -23- 4.00 4.01 Uses, conditional; allowed by permit only: industrial support facilities which would include: material handling, pumping facilities, electrical distribution warehouse facilities/ staging areas, fabrication areas, storage areas, water impoundments, access routes, utility lines, pipelines; extraction, processing, accessory uses to the abov.e; mobile home as accessory use to ranch or fa,rm 012erations. Church, community building; day nursery and school; studio for conduct of arts and crafts; home occupation. Uses, special: Utility airport, feedlot as principal use of the lot, camper park, hunting lodge; mineral waste disposal areas; public events. Minimum Lot Area: 2 acres. Maximum Residential Lot Coverage: 15 percent. Required Setback, residentially: (1) Front yard: (a) arterial streets: street centerline or 75 feet from front whichever is greater; 100 feet from lot line, (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 l;; the height of the principal building, whichever is greater. Required Setback, industrially: 100 feet from any property line. Maximum Height of Residential Building: to agriculture) 25 feet. (not related Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regu- lations) . PLANNED UNIT DEVELOPMENTS .DEFINITIONS As used in this Planned Unit Development Section (here- after "section") the following definitions shall apply, unless the context otherwise requires: -24- 4. 01. 01 4.01.02 4.01.03 4.02 Common Open Space. A parcel or parcels of land, an area of water, or a combination of land and water within the site designated for a Planned Unit Develop- ment, designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the Planned Unit Development. Plan. The provisions for development of a Planned Unit DeVelopment which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, Conunon Open Space, and other public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition. Planned Unit Development. (hereinafter a PUD) An area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the Plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations. PURPOSES AND OBJECTIVES OF DEVELOPMENT PUDs may be approved by the County Commissioners for the following purposes and to achieve the following objectives of development: (1) To provide for necessary commercial, recreational, and educational facilities conveniently located to housing; (2) To provide for well located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities; (3) To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of the zoning laws; (4) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater -25- 4.03 4.04 4.05 4.05.01 variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings; (5) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land dey_elop1!lent so that resulting economies may inure to the benefit of those who need homes; (6) To lessen the burden of traffic on streets and highways; (7) To encourage the building of new towns incorp- orating the best features of modern design; (B) To conserve the value of the land; (9) To provide a procedure which can relate the type, design, and layout of residential, conunercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural charac- teristics; or (10) To encourage integrated planning in order to achieve the above purposes and objectives of development. SCOPE Applications for Planned Unit Development zoning may be made for land located in any zoning district. CONSISTENCY WITH THE GENERAL PLAN No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the County's general plan. RELATIONSHIP TO ZONING AND SUBDIVISION The Subdivision Regulations of Garfield County, as the same may be from time to time amended, and the provisions of this Zoning Resolution, as the same may be from time to time amended, shall be applicable to PUDs insofar as said Regulations and Resolution are consistent with this section and with any specific zoning or subdivision requirements approved by the County Conunissioners at the time of zoning or platting the PUD in question, but to the extent that said Regulations and Resolution are inconsistent herewith, they shall not be applicable .and the provisions of this section shall control. -26- 4.05.02 4.06 4.07 4.07.01 4.07.02 4.07.03 It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, play- grounds, school grounds, storm drainage, water supply and distribution, and sewage collection and treatment, may be subject to modification from the specifications, standards and-requirements established in the Subdivision Regulations of Garfield County for like uses in other zone districts. The County Commissioners may, therefore, either at the time of zoning as a PUD or subsequently upon final platting under the Subdivision Regulations, as requested by the applicant, waive or modify the specifications, standards and requirements which would be otherwise applicable. INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS It is recognized that certain individual land uses, regardless of their adherence to all the design elements provided for in this section, might not exist com- patibly with one another. Therefore, a proposed PUD shall be considered from the point of view of the rela- tionship and compatibility of the individual elements of the Plan, and no PUD shall be approved which contains incompatible elements. STANDARDS AND REQUIREMENTS The County Commissioners may approve a proposed PUD rezoning upon a finding that it will implement the purposes of this section and will meet the standards and requirements set forth in this section. The number of off-street parking spaces for each use in each PUD shall not be less than the requirements for like uses in other zoning districts, except that the County Commissioners may increase or decrease the required number of off-street parking spaces in con- sideration of the following factors: (1) estimated number of cars owned by occupants of dwelling in the PUD (2) parking needs.of non-dwelling uses (3) varying time periods of use whenever joint use of common parking areas is proposed. The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one or more -27- of them is not applicable or that a practical solution has been otherwise achieved: (1) The PUD shall have an appropriate relationship to the surrounding area, with unr.easonable adverse effects on the surrounding area being minimized. (2)-The PUD shall provide a!l adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, con- venience and access. Private internal streets may be permitted provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for, if appropriate, when the site is used for residential purposes. (3) The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, con- venience, separation and screening. (4) The PUD shall provide Common Open Space adequate in terms of location, area, and type of the Common Open Space, and in terms of the uses permitted in the PUD. The PUD ··shall strive for optimum preservation of the natural features of the terrain. (5) The PUD shall provide for variety in housing types and densities, other facilities, and Common Open Space. (6) The PUD shall provide adequate privacy between dwelling units. (7) The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access to points of destination and attractiveness. 4.07.04 The maximum height of buildings may be increased above. the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: (1) Its geographical location; (2) The probable effect on surrounding slopes and mountainous terrain; (3) Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; (4) Potential problems for adj.acent sites caused by shadows, loss of air circulation, or loss of view; -28- 4.07.05 4.07.06 4.07.07 4.07.08 (5) Influence on the general vicinity, with regard to extreme contrast, vistas, and open space; and (6) Uses within the proposed building. The minimum lot areas and the minimum setback restric- tions may be decreased below and the maximum lot coverages may be increased.above those applicable to like buildings in other zone districts to accommodate specific building types with unusual orientation on the lot or relationship between buildings. The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. The clustering of development with usable common open areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings. Architectural style of buildings shall not be a· basis for denying approval of a PUD application. The overall average residential density shall be no greater than four dwelling units per gross acre within the PUD. The overall average residential density shall be calculated by sununing 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 trans- ferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum per- mitted for a like use in other zone districts. The mimimum number of acres that may comprise a PUD is two acres. All uses which are permitted in any other zone district may be permitted in PUDs subject to the provisions of Section 4.06 hereof. Without limiting the generality of the foregoing, the following uses, separate or in combination, may be permitted in PUDs: ll) Single-family and multiple-family residential dwelling units in detached, semidetached, attached, -29- 4.07.09 4.0B 4.0B.01 groups of attached, clustered or multistoried struc- tures, or any combination thereof; (2) Sale or rental of goods of services; (3) Recreational facilities; (4) Public-and private offices; (5) Mobile home parks: (6) convention facilities; (7) Restaurants; (8) Public utilities and facilities; (9) Lodg~ng places, including motels, hotels, lodges, and dormitories; (10) Schools and other educational institutions; (11) Churches and hospitals; (12) Business and commercial uses; (13) Industrial uses. The uses which shall be permitted in any particular PUD shall be those permitted by the resolution zoning the particular area PUD. Twenty-five percent of the total area within the boundary of any PUD shall be devoted to Common Open Space; provided, however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design of, and the amenities and features incorporated into, the Plan and that the needs of the occupants of the PUD for Common Open Space can be met in the proposed PUD and the surrounding area. PUD PROCESSING The approval of a PUD constitutes a Zone District Amendment, and a PUD is established by rezoning an area in an existing zone district to PUD pursuant to the provisions of this Zoning Resolution and all applicable provisions of C.R.S. 1973, Title 30, Article 28 and Title 24, Article 67. The County Commissioners are hereby declared to be the board authorized to review PUD applications pursuant to c. R.S. 1973, 24-67104 (1) (c). Each PUD application shall be reviewed and approved, -30- 4.08.02 4.08.03 4.08.04 4.08.05 disapproved, or conditionally approved by the County Commissioners within 120 days of its initial filing. The approved PUD zoning and the approved PUD Plan are inseparable and a PUD shall not be established without the approval of the related PUD Plan. The approved PUD zoning and the approved PUD Plan together establish the uses permitted in lieu of the zone district regulations which were theretofore.applicable. An applicant shall process his application for PUD zoning under this zoning Resolution separate from and in advance of· his application or applications for sub- division platting under the Garfield County Subdivision Regulations. The.Plan shall show generally where within the PUD each type of use will be located and shall indicate the total acreage which will be devoted to each use. The precise location of each use and the location of lots, blocks or other parcels within each area devoted to each use shall be shown as that area is thereafter subdivided and platted in accordance with the Garfield .county Subdivision Regulations. The uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks, maximum height of buildings, and all other use and occupancy restrictions applicable to any area zoned as PUD shall be those which are approved by the County Commissioners at the time such area is so zoned. The applicant shall include with his written request for PUD zoning: (1) A statement of the ownership interest in the property to be included in the FUD and the written consent.of all of the owners; (2) A Plan indicating the broad concept of the pro- posed development. Such Plan shall indicate: (a) The maximum number of dwelling units proposed within the overa'il area; (b) The minimum acreage which will be dedicated to common Open Space; (c) The type of uses proposed and the acreage devoted to each use; (d) Major internal circulation systems; -31- (e) The acreage which will be dedicated for school sites; (f) The general nature and location of commercial and industrial· uses, if any, to be located in the PUD; (g) Provision for water, sewer, telephone, electricity, gas and cable television' if applicab1e; and (h) other restrictions proposed by the applicant such as building setbacks, height limits, access requirements, and grade or slope restrictions to be applied to particular areas; (3) A regional location map showing the relationship of the site to connecting roadways, public facilities,. commercial and cultural facilities, and surrounding land uses; (4) A site map illustrating site boundaries, acreage, existing structures and the existing zoning; (5) A site topographic map showing at least 5' contour intervals, major vegetation elements, streams, rivers, ditches and areas subject to 100-year flooding; (6) A legal description of the area which the applicant wishes to include in the PUD; (7) A written statement containing the following information: (a) An explanation of the objectives to be achieved by the PUD; (b) A development schedule. indicating the approximate dates when construction of the various stages of the PUD can be expected to begin and be completed; (c) Copies of any special covenants, conditions and restrictions, which will govern the use or occupancy of the PUD, provided, however, that the applicant may impose additional covenants, conditions and restrictions on any particular area in connection with the platting of such area; (d) A list of the owners of abutting properties located within 300 feet of the boundaries of the PUD and their addresses; -32- (e) A statement by a licensed engineer which shall provide evidence of the following: (i) The proposed water source adequate to service the PUD: (ii) The proposed method of sewage treatment; (iii) The general manner in which storm drainage will be handled; and (iv) The general manner in which provision will be made for any potential natural hazards in the area such as avalanche areas, landslide areas, flood plain areas, and unstable soils; (f) Easements showin·g vested legal access for ingress and egress from a public road to the PUD; and (g) Evidence that the PUD has been designed with con- sideration of the natural environment of the site and the surrounding area and does not unreasonably destroy or displace wildlife, natural vegetation, or unique natural or historical features. The applicant may submit any other information or exhibits which he deems pertinent in evaluating his proposed PUD. 4.08.06 4.08.07 4.09 4.09.0l Notwithstanding the rezoning of an overall area as PUD, no portion thereof shall be used or occupied otherwise than as was permitted immediately prior to the approval of such rezoning until a final subdivision plat for said portion shall have been approved by the County Commissioners as required by the Subdivision Regulations of Garfield County. Notwithstanding the provisions of Section 4.08.02 above, an applicant may elect to have the public hear- ings required by Section 3.06 of the Garfield· county Subdivision Regulations and Section 10.04.01 of the Garfield County Zoning Resolution held simultaneously. In this event, notice of the time and place of such hearing shall be given in the manner prescribed by C.R.S 1973, Sections 30-28-110 and 24-67-104 (1) (e). The Planning Commission and County Commissioners shall render their separate decisions as required by said Sections 3.06 and 10.04.01 respectively. DEVELOPMENT IN STAGES The applicant must begin development of the PUD within one year from the time of its final zone change approval; provided, however, that the PUD may be developed in -33- 4.09.02 4.09.03 4.09.04 4.10 stages. The applicant must complete the development of each stage and of the PUD as a whole in substantial compliance with the development schedule approved by the County Commissioners. If the applicant does not comply with the time limits imposed by the preceding subsection, the County com- missioners sha11--review the -PUD and may revoke· approval for the uncompleted portion of the PUD, or require that the PUD be amended, or extend the time for completion of the PUD. Each stage within a PUD shall be so planned and so related to existing surrounding and available facilities and services that failure to proceed to a subsequent stage will not have a substantial adverse impact on the PUD or its surroundings. If a PUD contains nonresidential uses, they may be constructed in advance of residential uses if the county Commissioners find that such phasing is con- sistent with sound principles of ordered development and will have no substantial adverse effect on the quality or character of the PUD. MAINTENANCE OF COMMON OPEN SPACE The Common Open Space of a PUD may be owned and main- tained by the property owners within the PUD or by an organization chosen therefrom or thereby. In the event that the organization established to own and maintain Common Open Space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the Common Open Space in reasonable order and condition in accordance with the Plan, the County Commissioners may serve written notice upon such organization or upon the residents of the PUD setting forth the manner in which the organization has failed to maintain the Common Open Space in reasonable con- dition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the county Commissioners may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any ex- tension granted, the county Commissioners, in order to preserve the taxable values of the properties within the PUD and to prevent the Common Open Space from -34- becoming a public nui·sance, may enter upon said Common Open Space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the Common Open Space except when the same has been voluntari l y dedicated to the public by the owners. Before the expiration of said year , the County Commissioners shall, upon their initia- tive or upon the written request of the organization theretofore responsibl e for the maintenance of the Common Open Space , call a public hearing upon notice to such organization , or to the residents of the PUD , to be . held by the County Commissioners , at which hearing such organization or the residents of the POD shall show cause why such maintenance by the County Commis- sioners shall not , at the election of the County Com- missioners , continue for a succeeding year . If the County Commissioners shall determine· that such organ - ization is ready and able to maintain said Common Open Space in reasonable condition , the County Commissioners shall cease to maintain such Common Open Space a t the end of said year . If the County Commissioners shall determine such organization is not ready and able to maintain said Common Open Space in a reasonable con- dition, the County Commissioners may, in their discretion, continue to maintain said Common Open Space during the next succeeding year , and subject to a similar hearing and determination, in each year thereafter •. The cost of such maintenance by the county Commissioners shall be assessed to a nd paid by the owners of properties within the PUD that have a right of enjoyment of the Conunon Open Space , and any unpaid assessments shall become a tax lien o n said properties . The County Commissioners shall file a notice of such lien in the office of the Garfield County Clerk and Recorder upon · the properties affected by such lien within the PUD and shall certify s u c h unpaid assessments for collection, enforcement , a nd remittance in the manner provided b y law for the co llection, enforcement , and remi ttance of general property taxes. 4.11 FEE 4 .12 4 .12.01 The County Commissioners may establish a fee schedule for POD applicat ions to cover the costs of processing and review in addition to the fee r equired for pro- cessing other Zone District ~endrnents . ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN The provisions of the Plan relating to t he use of land and the location of Common Open Space shall run in -35- 4.12.02 4.12.03 4.12.04 favor of the County and shall be enforceable in law or in equity by _the County without limitation on any powers or regulation otherwise granted by law. All provisions of the Plan shall run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the Plan and in ac- cordance with the __ terms of 1:_hE?_ Plan, and, to that extent, said provisions, wheth€!r recorded .by plat, covenant, easement, or otherwise, may be enforced at law or in equity by such residents, occupants, or owners acting individually, jointly, or through an organization designated in the Plan to act. on their behalf. All those provisions of the Plan authorized to be enforced by the County may be modified, removed, or released by the County, subject to the following: (1)-No modification, removal, or release of the pro- visions of the Plan by the County shall affect the rights of the residents, occupants and owners of the POD.to maintain and enforce those provisions at law or in equity; and · (2) No substantial modifications, removal, or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, follow- ing a public hearing called and held in accordance with the provisions of C.R.S. 1973, 24-67-104, that the modification," removal, or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Plan, modify, remove, or release their rights to enforce the provisions of the Plan, but no such action shall affect the right of the County to enforce the provisions of the Plan. -36- 5.00 5 .01 5.01.01 5.01.02 SUPPLEMENTARY REGULATIONS In addition to regulations contained elsewhere in this Resolution, the use of land and buildings shall be governed by the following regulations: SUPPLEMENTARY_USE REGULATIONS Utility Transmission: Nothing in these regulations shall be construed to prohibit construction or instal- lation of a public utility use or structure necessary for transmission of commodities or services of a utility company, including mains or distribution lines, substati_ons or exchanges in any zone district. Storage, maintenance facilities and business offices shall be restricted to their appropriate zone district. Location of power transmission lines with a capacity of 100 KV or over shall be subject to review by the Planning Commission and approved by the County Commissioners. Minimum Off-Street Parking: Parking spaces shall be provided for each use in the following amounts: (1) Residential (except group quarters) - 1 space per 600 square feet of floor area or 1 space per dwelling unit, whichever is greater; each separately rentable room or group of rooms shall be considered a dwelling unit; (2) Residential -group quarters - l space per bed; (3) Retail and service commercial - 1 space per 200 square feet of floor area (except storage area); (4) Auditorium and public assembly - 1 space per 100 square feet of floor area used for seating or assembly; (5) Public and health facilities (except auditorium and public assembly) - 1 space per 200 square feet of floor area (except storage area) ; (6) Ski facilities -1 space per 4 persons of hourly base lift capacity; (7) Where a lot is occupied by a combination of the above listed uses, the minimum off-street parking requirement shall equal the sum of the requirement for all included uses on the lot. -37- 5.01.03 5.01.04 5. 01. 05 5. 01. 06 Signs: In all residential districts, a sign identify- ing residential use of a lot may be located on the lot; such signs shall -be limited to one per principal use and shall not exceed one square foot in area for each dwelling ·unit up to a maximum of eight square feet. A sign identifying an accessory commercial use in a residential district shall rw_t e;>!:_cee.d _twelve square feet in area, and shall be limited to oi1e sign per accessory use. In any commercial or industrial district, signs identifying the use of the premises may be located on the lot. Nothing in this Resolution shall be construed ~o prevent location of a temporary sign in any district advertising sale or lease of the premises, provided such sign does not exceed twelve square feet in area. Buildings: A conventional, modular or prefabricated building may be located in any zone district where buildings are permitted. A mobile home building shall be located only in those zone districts where specif- ically permitted under Zone District Regulations. Frontage: Each lot in separate ownership, unless otherwise provided for under a Planned Unit Development shall have at least 25 lineal feet of frontage on a street right-of-way, either dedicated to the public or to a private association or on a private road and reserved in perpetuity through private agreement to provide access to the lot. Each building devoted wholly or in part to residential use shall front on a street or road as described above except when two or more such buildings are located on one lot and the _ required frontage for each building cannot be provided due to the shape of the lot, those buildings lacking street or road frontage shall front on a dedicated driveway easement at least 25 feet in width and main- tained in an unobstructed condition. Greenbelt: Land designated as greenbelt through dedication or reservation as such for any reason shall be indicated as such on the appropriate zone district map. Such land shall be maintained in conformance with the Definition section of this Resolution or in confor- mance with any condition for granting of a Planned Unit Development including designation as a park or other open recreation use; land designated as greenbelt may be leased for operation, transferred to a different ownership or otherwise changed in ownership but it· shall not be used for residential, commercial, indus- trial or any other urban or suburban purposes unless provided for by the County Commissioners following procedures for amendment to this Resolution. -38- 5.02 5.02.01 5.02.02 5.02.03 5.02.04 MOBILE HOME PARK AND CAMPER REGULATION Existing Park: Subsequent to the effective date of this Resolution, all existing mobile home and camper parks shall be inspect.ea by the Environmental Health Officer and the Building Official to determine if any hazard to health, safety or welfare exists. Existence of any .Such hazaraotis-condition shall -be reported to the park owner and a reasonable time period shall be established for correction of said condition. Failure ori the part of the park owner to correct said hazardous condition within the established time period shall be deemed a violation of this Resolution and other appli- cable county and state regulations. New Park or Addition to an Existing Park: Each new park or addition to an existing park shall conform to all provisions of this Resolution. Application: An application shall be filed in trip- licate with the County Commissioners for establishment of a mobile home park or addition to an existing park subsequent to the effective date of this Resolution. Such application shall set forth the following informa- tion: (1) Name and address of the person who shall own the parki (2) Location and legal description of the park; (3) Site plan of the park; (4) Plans and specifications for all improvements to be constructed within said park; (5) Such further information as may be required by the County Commissioners to enable it to determine if the proposed park or addition will comply with requirements of this Resolution and other applicable codes and regulations. Procedure: The County Commissioners shall forward one copy of the application to the Environmental Health Officer and the Building Official and one copy to the County Planning Commission for their review and comment. The Environmental Health Officer shall be responsible for review of plans for water supply and distribution, fire protection, sewage disposal, electrical distribu- tion, and refuse handling; utilizing the services of -39- 5.02.05 5.02.06 other county, special district or State of Colorado personnel as required. The County Planning Corrunission shall have a period of sixty (60) days, unless an extension of time is mutually agreed to by the appli- cant and the Corrunissioners, to review the application. If the proposed park or addition to an existing park wi-1-1; cWhen constructed, be-in complianc_e with a1J. provisions of this Resolution and other applicable county and state regulations, the application shall be approved by the County Corrunissioners. Site Plan for Mobile Home Park and Camper Park; general requirements: (1) Access: the park shall have access to a public street or highway; (2) Drainage: the park shall be located on a well- drained site, graded for rapid drainage and free from stagnant pools of water; (3) Layout: the applicant shall also show on the plan all entrances and exits to the park, driveways and walkways and the design and arrangement of all mobile home spaces, camper spaces, and any included service buildings. Corrunercial facilities included or proposed as part of a park shall be principally devoted to serving occupants of said park. Site Requirements Applicable Only to Mobile Home Parks: (1) Area: The minimum size of mobile home parks shall be tw0(2) acres; (2) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park. The Board of County Commissioners may require provisions for park area within a mobile home park with such requirements based on the number of spaces, density of development and availability of public park or playground area; (3) Mobile Home Spaces: Each mobile home space shall contain at least 3,000 square feet of area exclusive of driveways and further provided that a floor area ratio of 0.25/1.0 shall.be observed, i.e. the mobile home and appurtenant structures shall cover no more than 25 percent of the space upon which it is located. The minimum space between any two mobile homes or appur- tenances thereto shall be twelve feet. The area of -40- 5.02.07 placement for the mobile home shall be graded for drainage and improved to prevent shifting or settling of the mobile home. In areas subject to gusting winds, anchors or tie-downs shall be provided as necessary to prevent overturning of mobile homes. Each mobile home space shall provide graveled or paved parking space for two (2) automobiles; (4) Driveways and Walkways: All mobile home spaces shall abut upon a driveway graded for drainage and maintained in a rut and dust-free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such drive- ways shall be twenty-five (25) feet; and additional eight (8) feet of width shall be constructed for each parallel parking lane adjacent thereto. All driveways and walkways within the park shall be sufficiently ill.uminated to insure safety for park residents. Walkways not less than two (2) feet wide shall be provided along drives as required for safety and con- venience of inhabitants. Site Requirements Applicable Only to Camper Parks: (1) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park; (2) Camper Spaces: (a) The area devoted to each camper space designed for tent camping shall be adequate to accomodate the following facilities and spatial re- quirements: Each space shall be provided with a fireplace or fire circle, a picnic table and a well- drained, reasonably level tent site. The minimum on- center distance between tent sites shall be twenty(20) feet. Each space shall provide a graveled parking space. Adequate traffic barriers shall be provided to confine vehicles to driveways and parking spaces; (b) The area devoted to each camper space de- signed for camper vehicles or trailers shall be ade- quate to accomodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accomodate the type of camper or trailer by which the space is intended to be occupied. Fire- places, fire circles and picnic tables shall be installed in sufficient quantities and in convenient locations to -41- 5.02.08 satisfy occupants' need for such facilities. traffic barriers shall be provided to confine and trailers to driveways and parking spaces. minimum on-center distance between campers or shall be twenty (20) feet; Adequate vehicJ.es The trailers (3) Driveways: All camper.spaces shall abut upon a driveway graded for drainage and·-maintoained -in a rut and dust free condition and which Provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. water Supply and Distribution; general requirements: (1) A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and camper park. Where a municipal supply of water of satisfactory quantity, quality and pressure is avail.- able, connection shall be made thereto and its suppJ.y used exclusively. When such a municipal water suppJ.y is not available, a central water supply system may be developed and used if it meets standards of the Colorado Department of Health; (2) Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamina- tion will reach the water supply from any source; (3) The treatment of a private water supply shall be in accordance with applicable laws and regulations; (4) Water Distribution System (a) The water supply system of the park shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water; (b) All water piping, fixtures and other equip- ment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Health Officer; · -42- 5.02.09 5.02.10 (c) The system shall be so designed and main- tained as to provide a pressure of not less than twenty (20) nor more than eighty (80) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring portable water supply; __ (d) _ A minimum horizontal separation of ten ( 10) feet shall be-maintained between all domestic water lines and sewer lines; (e) Underground stop and waste valves shall not be installed on any water service. Water Supply and Distribution Requirements· Applicable Only to Mobile Home Parks: (1) Source of Supply: The water supply shall be capable of supplying a minimum of 450 gallons per day per mobile home; (2) Individual Water-riser Pipes and Connections: (a} Water-riser pipes shall extend at least four inches above ground elevation unless recessed in a box or sleeve. The pipe shall be at least three-quarter inch. The water outlet shall be capped when a mobile home does not occupy the lot; (b) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipes; (c} A shut-off valve below the frost line shall be provided near the water-riser pipe on each mobile home lot. Water Supply and Distribution Requirements Applicable Only to Camper Parks: (1) Source of Supply: The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections; (2) Individual Water Connections: If facilities for individual water service connections are provided, the following requirements shall apply: -43- 5.02.11 (a) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of travel trailers or campers; (b) Water-riser pipes shall extend at least four (4) incl:les_above ground elevation unless recessed in a box or sleeve. The pipe size shall be-three~quarter inch; (c) Adequate.provisions shall be made to prevent freezing of main service lines, valves and riser pipes; (d) Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; (3) Watering Stations: (a) Each camper vehicle or trailer parking area shall be provided with one or more eas_ily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of backflow and back siphonage; (b) Each tent camping area shall be provided with one individual watering station for each four (4) spaces; such station to be constructed similar to individual water service connections as provided under ·5.02.10(3) except that riser height shall be thirty (~O) inches and a splash pad shall be installed around the base. Fire Protection; general requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's depart- ment and park employees. No open fires shall be left unattended at any time. (l) Portable Fire Appliances: (a) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A) , readily acces-sible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, -44- permanently attached or in cabinets immediately' adja- cent to the hose connection so located that any part of any mobile home, travel trailer, or camper vehicle can be reached with a garden hose stream; (b) One or more approved carbon dioxide or dry · --chemical-extinguishers of a type suitable for flammable liquid or electrical fires (Class Band Class C), shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owner's responsibility and verified by the park operator; 5.02.12 (c) Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. Fire Protection Requirements Applicable Only to Mobile Home Parks: (1) Fixed Installations: Water supply facilities for fire department operations shall be provided to consist of one or more of the following, so arranged as to permit the operation of a minimum of two l~ inch hose streams on any fire in a mobile home or elsewhere in the mobile home court. Water supply and associated facilities shall be sufficient to provide a delivery of at least 75 gallons per minute at each of two nozzles, held four feet above the ground, at a flowing pressure of at least 30 pounds per square inch at the highest point in the court. The utilization of available fire fighting equipment may be assumed in determining com- pliance with these minimums: ·(a) A public water supply system with hydrants located within a five hundred (500) foot radius of all mobile home spaces; (b) An approved private system with hydrants connected to domestic water supply, so arranged as to provide protection equivalent to Paragraph l; (c) An approved suction supply or supplies each of not less than three thousand (3000) gallons suitable for fire department pumper drafting, so located that each trailer site will be within a five hundred (500) foot radius of a supply point; -45- .. 5.02.13 5.02.14 (d) Where fire departments are equipped with tank trucks for water supply, and such trucks are so located that in case of fire they can respond as soon as fire fighting personnel, they may be accepted in lieu of a fixed water supply by permission of the Building Official. Sewage -Disposal; generalH:i;:eguirements: An adequate sewage system shall be provided in eachrnbbile home- park and camper park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Lines: All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten (10) feet from all domestic water lines. Sewers shall be at ·a grade which will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials accepted by state or local laws and shall meet design criteria of the co·lorado Department of Health; (2) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not connected to a public sewer, all proposed sewer disposal facilities shall be approved by the Environmental Health Officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Colorado Department of Health. Sewage Disposal Requirements Applicable Only to Mobile Home Parks: (1) Individual Sewer Connections: Each mobile home stand shall be provided with at least a four inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home system outlet will approximate a vertical position; (a) The sewer connection shall have a nominal inside diameter of at least three (3) inches and the slope of any portion thereof shall be at least one- eighth (1/8) inch per foot. The sewer connection shall consist of one pipe line only with no more than one stand served by one individual sewer connection. Underground branch fittings of four (4) inch lines shall not be permitted. All joints shall be watertight; -46- 5.02.15 5.02.16 (b) All materials used for sewer connections shall be rigid or semirigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. (c) Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot.· Surface-dra:Hrage-shall -be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above ground elevation unless such riser pipe is protected wit.hin a recessed box or sleeve. Sewage Disposal Requirements Applicable Only to Camper Parks: (1) Individual Sewer Connections: If facilities for individual sewer connections are provided, the follow- ing requirements shall apply: (a) The sewer riser pipe shall have at least a four (4) inch diameter, shall be trapped below the ground surface· and shall be so located on the .trailer space that the sewer connection to the trailer system will approximate a vertical position; (b) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one- eighth (1/8) inch per foot. All joints shall be watertight; (c) All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth; (d) Provision shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser; (2) Sink Wastes: No liquid wastes from sinks shall be charged onto or allowed to accumulate on the ground surface; Electrical Distribution and Communication Wiring: Each mobile home park shall, and each camper park may, contain an electrical distribution system, consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the USA Standard "National Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained; -47- 5.02.17 All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. Service Buildings; general requirements: (1) The requirements of this Section shall apply to service buildings,-recreation -buildings-and other community service facilities such as; (a) management. offices, repair shops and storage areas; (b) sanitary facilities (c) laundry facilities; (d) indoor recreation areas; (e) commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings: (a) All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such material.s and be so constructed and protected as to prevent entrance or penetration of moisture and weather; (b) All rooms containing sanitary or laundry facilities shal.l have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent waterproof material or covered with moisture resistant material; (c) Each room containing sanitary or laundry facilities shall have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross. area of windows for each room shall be not less than 10 percent of the floor area served by them. Have at least one window which can be easily opened, or a mechanical device which will adequately ventilate the room; (d) Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open; (e) Illumination levels shall be maintained as follows: (a) general seeing tasks -five (5) footcandles; (b) laundry room work area -forty (40) footcandles; (c) toilet room in front of mirrors -forty (40) footcandles; -48- 5.02.18 5.02.19 (f) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixtures, and cold water shall be furnished to every closet and urinal. Service Building Requirements Applicable Only to Camper Parks: (1) Required Community Sanitary Facilities: (a) A central service building containing the neces- sary toilet and other plumbing fixtures specified shall be provided in camper vehicle or trailer parking areas which provide parking spaces for dependent vehicles or trailers and for tent camping areas. Service buildings shall be conveniently located with.in a radius of approx- imately 300 feet to the spaces to to be served; (b) Sanitary facilities for women shall include a minimum of one flush toilet, one lavatory and one shower for each fifteen (15) spaces or fractional number thereof; (c) Sanitary facilities for men shall include a minimum of one flush toilet, one urinal, one lavatory and one shower for each fifteen (15) spaces or fractional number thereof; (d) Where a camper park is designed for and exclusively limited to use by self-contained camper vehicles or trailers, no public sanitary facilities shall be required; (e} When a camper park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule for camper spaces and shall be based on the the total number of persons using such facilities. Supervision; general requirements: (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and State Regulations. Copies of Regulations shall be made available to the park residents by the park manager or owner; -49- 5.02.20 5.03 (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site; (4) Pest control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet control: no owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. Miscellaneous Regulations Applicable Only to Camper Parks: (1) The principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by any individual shall be limited to no more than 120 days per year in any one or combination of camper parks in the County. (2} Travel trailers and camper vehicles accomodated shall not exceed forty (40) feet in length and eight (8) feet in width. CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, con- ditional and special uses shall conform to all require- ments listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer and the Colorado State Department of Health shall either be in place or shall be constructed in conjunction with the proposed use; (2) Street improvements adequate to accomodate traffic volume generated by the proposed use and to provide -so- 5.03.01 safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to mini- mize impact on and from adjacent uses of land through installation of screen fences or landscape materials on -the periJ?nery of the Tot and by location of-intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Additional specific requirements and prerequisites for certain uses are as follows: {A) Mobile Home as Principal Use of the Lot; A mobile home shall be allowed as the principal use of a lot as a special use in A/R/RD and A/I zones provided: (1) The mobile home has a minimum of seven hundred twenty (720) square feet of floor area; (2) The mobile home is placed on a permanent concrete or masonry footer; (3) The mobile home shall be skirted, with no storage allowed underneath or outside the structure. The Building Official may require tie-downs in locations subject to high winds; (4) The lot on which the mobile home is to be placed shall be posted with a Notice of Intent, thirty (30) days prior to the public hearing; (5) Written notice of the public hearing as required by Section 9.03.04 of this Resolution shall be sent by the applicant to the land owners within two hundred (200) feet of the lot on which the mobile home is to be located thirty (30) days prior to the public hearing by certified return receipt mail. The receipts shall be given to the Planning Director five (5) days prior to the hearing. The notice by publication required by said Section 9.03.04 shall be given in a newspaper of general circulation at least two times 15 days prior to hearing; -51- 5.03.01 (B) Mobile Home as an Accessory Use· to a Working Farm or Ranch Operation A mobile home shall be · allowed as an accessory use to a working farm or ranch operation as a conditional use, provided: (1) The principal wage earner living in the . mobile home is a full time employee of the working farm or ranch operation that is presently devoted to primarily agricultural production; (2) The mobile home is placed on a permanent concrete . or masonry footer; (3) There shall be no outside storage and the mobile home shall be skirted; (4) No more than one single-family mobile home shall be allowed as an accessory use to a working farm or ranch operation; (5) The mobile home shall not be rented for occupancy to others than those employed by the farm or ranch operation. 5.03.02 Row House; A subdivision plat must be approved whereon the minimum lot area for a row house lot is 1,400 ·square feet, a minimum of six row house lots appear on the plat and the plat includes sufficient land area in lots and common to satisfy floor area ratio require- ments under the appropriate Zone District Regulation. 5 .03.03 St~dio for the Arts and Crafts; All activity must be conducted within a building and retail sales are limited to one-of-a-kind goods produced on the lot. 5.03.04 Aircraft Landing Strip; Such strip may not be in conflict with any reservation, regulation or requirement of the Federal Aviation Administration . 5.03 .05 Airport, Utility; Such airport shall be approved by the Federal Aviation Administration . 5 .03.06 Airport , Air Carrier; Such airport shall be approved by the Federal Aviation Administration . 5 .0 3.07 Industrial Operations : Industrial Operations, including extraction , processing, fabrication, industrial support facilities, water impoundments, mineral waste disposal, -52- J s t orage s anitary l a nd-fill, salva g e yar d, a cce ss r out es .and utility line s, shall be permitted, provided: (.1) The appli cant for a per mit for industrial o pe r ation s shall pre pare a nd submit to t h e P lanning Direct or two (2) copies of an impact statement on the proposed use pr~scribing it~ location, scop~, design an d construction schedule, including an explanation of its operational characteristics. One (1) copy of t h e impac t statement shall be filed with the Co unty Commission e rs by t he P l anning Directo r. The County Commissio ners shall p review the impact statement to determine whether the . proposed industrial operation complies with the require- ments of this Section and sha ll noti f y t h e P l a nning Director of its decisio n in thi s regard, i n wr iting , ~ within thirty (30) days from the date on which t h e impac t sta t e ment i s fi l e d with the Plannin g Di rector. The impact statement shall show that the use shall b e designed and operated-in compliance with all applicable laws and regulations of the County, Stat e a nd F e deral Governments, and will not have a significant advers e effect upon: (a ) Existing lawful use o f water t h r ough deple tio n o r pollutio n of s urface run-off , s tream flow or ground water ; (b) Use of a dj a c e nt l a nd thro u g h generation of vapor, dust, smoke, noise, glare or vibration, or other amanations; (c ) Wildlife and domestic animals through creati o n of h a z a r dou s a ttra c t ions , a lterati on o f exist in g native ve get ation, blocka d e o f mig r at i o n r oute s, u se p a t t erns or oth e r di srup t i o ns ; (2) Truck and automobile traffic to and from such uses sha ll not cre ate h az a r d s o r nui san ce t o area s els ewh e r e in the Co unty; (3 ) Sufficie nt distances shall separate such use from a butting property which might otherwise be damaged by operations of the proposed us es ; (4) At the d isc r etion of t h e Co unty Comm ission ers additi o n a l informa tion supple ment ing t h e impact s tat e - me nt ma y be r equired . •suc h re q ue s t for addi t i onal in f orma tio n s h a l l b e in writing a n d sha l l b e given to the applic ant n o t l ate r t han forty -f i ve (45 ) d ays after -5 3 - the filing of the impact statement. The County ·commis- sioners shall then have an additional forty-five (45) days from the date of submission of such additional information within which to notify the Planning Director of their decision in respect to said impact statement; An a pplication for permit for an industrial operati on s h a-rl -be subject to the provisions under Section 8.01 in addition to the required impact statement. Any provisions of Section 8.01 to the contrary notwith- standing, the Building Official shall have a period of ten ( 10) days. from notification by . the County Commissioners of their decision as hereinabove provided, within which to act upon such application; ~ (S) Permits shall be granted for those uses only with L()frY'~ the provisions t h at a satisfactory rehab il itation plan ~ 0 for the affected land be submitted prior to commencement ~~'/of such use ; · . -\JU 0 (a) The plan for site rehabilitation shall be submitted to" the Planning Director with the impact state- 5 .03 .08 ment, and must be approved by the County Commissioners before a permit for conditional or special use will be issued; (b) The County Commissioners may require security before a permit ·for special or conditional use i s issued, if required. The applicant shall furnish evidence of a bank commitment of credit, or bond , or certified check or .other security deemed accept- able by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners . Such commitments , bonds, or check shall be payable to and held by t h e County Commissioners: Industrial Performance Standards: All industrial operations in Garfield County shall comply with appli- cable County , State, and Federa l regulations regulating water, air and noise pollution and shall not be conducted in a manner c onstituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke,. vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located_, in accord with the following standards: -54 - ) (1) Volume of _t h e sound generated : every use shall be so operated that the volume of sound inherently and recu~rently generated does not exceed ninety (90) decibles, with a maximum increase of five (5) decibles permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the ___EE Operty on which the use is located. (2) Vi brati on generated : every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter : every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emiss i on of h eat , glare , radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing.use of adjoining property or which constitutes a public nuis ance or hazard . Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from t hi s provision; (5) Storage area , salvage yard , sanitary land-fill, and mineral waste d i sposal areas : (a) Storage of flammable, or explosive solids, or gases , shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the d is cretion of the County Commissioners all outdoor storage facilities for fuel , raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (c) No materials or waste s shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural caus es or -forces; (d) All materials or wastes which might constitute a fire ha zard or which may be edible by or otherwise -55- . 5.03.09 5.03.10 .be attractive to ·rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water pol lution: in a case in which potential h azards exist, it shall be necessary to install safe~ guards designed to comply with the Regulations of the Environmental Protection Agency before operation of~ the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Uses Not Itemized: Upon application or on its own initiative, the County. Conunissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the .following special findings: (L) Such use is appropriate to the physiographic and general environmental character of the District to · which it is added; (2) Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added; (3) Such use does not create any more offensive noise , vibration, dust , heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it i s added; (4) Such use is compatible to the uses existing and permitted in the district to which it is added. When any use has been added to the list of permitted uses in any district in accordance with this Section , such use shall be deemed to be listed in the appropriate section of those district regulations , and shall be added thereto in the published text of this Resolution at the first convenient opportunity, with a notation indicating that the addition was made in accordance with this Section. Approval of Conditional and Special Uses: Uses listed as Conditional under the appropriate Zone District Regulation shall be ·permitted based on compliance· with the requirements listed herein; where uses are listed as Special Uses they shall be permitted only: -56- 5.03.11 5 .03 .12 .s. 04 5 .04 .01 5.04.02 (1) Based on compliance with all requi reme n ts listed herein, and; (2) Approval by the County Corrimissioners which Board may impose a ddit i onal restrictions on the l ot a rea, floor area, cove rage, s e tback and hei g ht of pro posed uses or r e quire a dditional off-street parking, screen- ing fences ana landscaping, or any other restriction or provision it deems necessary to protect the h ealth, safety and welfare of the population and uses of the neighborhood or zone district as a condition of g rant- ing the spec ial use. Denial of Special Use: The County Commissioners may deny any request for special use based on the lack of physical separation in terms of distance from similar uses on the same or other lots, the impact on traffic volume and safety or on utilities or any impact of the special use which it deems injurious to the established character of the neighborhood or zone district in which such special use is proposed to be located. Access Routes : All conditional uses and special uses must be provided with access. routes of adequate design to accomodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garfield County Road Specifications. SUPPLEMENTARY LOT AREA REGULATIONS Lot Slope Determinations: In determining lot slopes for use in establishing minimum lot area requirements and buildable area, existing and proposed lots of less than two acres shall be calculated on an individual lot basis. Contour intervals of five (5) feet or less shall be used to make this determination. For lots of two or more acres in size and tracts of land proposed for other methods of development wherein creation of individual lots within said tract is not anticipated, the determination of lot slope shall be made utilizing available topographic maps. Development Limitations Based on Lot Slope: Land sloping in excess of 40% shall not be credited towards lot area in determining whether the lot meets the minimum lot area requirements set forth in the zone district regula- tions. -57- 5.04.03 In addition to all other requirements of this Resolu- tion and all other County regulations, the following special requirements shall apply to development where slopes are greater than 40%, and the required materials listed hereunder shall be submitted with the permit application: 1. -A-s-o-n:--ancf-foundatiorf invesi:igati-on--must be pre- pared and bear the seal of a registered, profes- sional engineer. 2. Foundations must be designed by and bear the seal of a registered, professional engineer. 3. A topographic survey must be prepared by a registered surveyor, with contour intervals of not more than two feet. 4. Structures must be designed by a licensed architect. 5. A site grading and drainage plan shall be required. 6. A detailed plan of retaining walls or cuts and fills in excess of five feet, shall be required. 7. A detailed revegetation plan shall be required. Lot Area Restrictions Based on Sewage Disposal Method to be Employed: (1) The following minimum standards shall apply and be used in conjunction with the Garfield County Individual Sewage Disposal system Regulations in all zone districts; and the following table shall be used to determine whether various types of disposal are allowable on various lot areas: -58:- TYPE OF DISPOSAL LOT AREA Less than 1 acre 1-2 acres over 2 acres 1 _ Ce!J_spoo-1:_ no no no Anaero~ic Disposal no 7 4 On Lot yes yes Aerobic on Lot 3 7 4 Treatment no yes yes Treatment Off Lo~ - Non-Discharging yes yes yes Treatment Of~ Lot - Discharging yes yes yes When all other means of disposal are deemed unacceptable, vaults, privies, and chemical toilets may be allowable for temporary use or permanent use when approved by the Environmental Health Officer pursuant to the Garfield County Individual sewage Disposal Systems Regulations and applicable provisions of State Law. FOOTNOTES: 1. Prohibited by State Law. 2. Provided septic tank and sub-surface disposal or dispersal method meet the County Individual Sewage Disposal Systems Regulations and applicable State requirements .. 3. Provided aeration plant·and disposal or di.spersal method meet the County Individual Sewage Disposal Systems Regula- tions and applicable State requirements. 4. Provided domestic water is supplied from approved central source. 5. State and County approved sewage treatment works with sub- surface disposal. 6. State and County approved sewage treatment works discharging to ground surface or waters of the State. 7. Unless pre-existing single lot of record. -59- 5.04.04 5.04.05 (2) If, as a result of percolation tests or other evaluations by the Environmental Health Officer, the use of septic tanks or other individual sewage treat- ment facilities for uses and at densities as provided under the appropriate Zone District Regulations would result in a danger to health on the subject or adjacent lots, the minimum lot areas may be increased and the nUillber of uses -permitted by right under the appropriate zone district may be decreased and the maximum floor area ratio may be reduced b.y the County Commissioners. ( 3) Where· a non-conforming lot exists in respect to the limitations under paragraph (1) of this section, the lot shall be occupied only by such uses and floor area ratio as is determined following procedures outlined under paragraph (2). (4) Where connection to a central or community sewage collection and treatment system approved by the Environ- mental Health Officer and the Colorado Department of Health is proposed but not available until installation or expansion of such facilities is completed, no uses shall occupy the lot, including structures intended for occupancy, until such sewage collection and treatment services are available. Lot Area Restrictions Based on Subdivision Regulations: In addition to the lot area requirements established in this Resolution, any lot created subsequent to September 1, 1972 shall be either created in conformance with the "Subdivision Regulations of Garfield County" or exempted therefrom by reason of definition or specific resolution by the County Commissioners. Any lot created subsequent to the above date and not meeting one of the included requirements sha·11 not be considered a legal lot for placement of a building or structure under these Resolutions. Non-conforming Lots: Where a lot was held in separate ownership or was platted on a subdivision plat filed in the office of the County Clerk and Recorder of Garfield County prior to the adoption of the prior Garfield County Zoning Resolution enacted on November 27, 1973, and does not meet the minimum lot area requirements of the zone district in which the lot is located, such lot may be occupied by uses as provided under the appropriate Zone District Regulation and the floor area ratio for such non-conforming lot shall be determined following the standards included herein, provided connection to a central sewage collection and treatment system approved by the Environmental Health Officer and the Colorado -60- Department of Health is available. Where a septic tank or other individual sewage treatment facility is the only means of·sewage disposal, the number of uses permitted by right under the appropriate Zone District Regulation may be decreased and the maximum permitted floor area ratio may be reduced by the County Commis- ... _ __sioners __ if ,_as a_ .. r.esult of percolation tests or other evaluations by the Environmental -!lealtnofl'rcer--;-th-e use of septic tanks or other individual sewage treat- ment facilities for use and at densities as provided under the appropriate Zone District Regulation would result in a danger to health on the subject or adjacent lots. No lot shall be so restricted by lot area, floor area ratio or sanitation requirements to a point where it cannot be occupied by a single-family dwelling containing up to 1500 square feet of floor area. 5.04.06 Planned Unit Developments Established Under Repealed Regulations: Each Planned Unit Development district or subdivision legally approved under Zoning and Subdivision Regulations in effect at the time shall be identified 5.05 5.05.01 5.05.02 5.05.03 on the appropriate zone district map and regulated under the terms and conditions, including the area and use of each lot, of its approval. SUPPLEMENTARY SETBACK REGULATIONS Arterial Streets: Front yard setback shall be observed for arterial streets as designated on the Garfield County Zone District Map. Live Streams: A setback of thirty feet (30') measured horizontally from and perpendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the Definition thereof, with the exception of diversion facilities as an accessory to the approved use of the lot. Yards: The following requirements shall be observed in all zone districts: (1) Through Lots: on lots extending fro.m one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks; (2) Corner Lots: sides by streets, be observed along on lots bordered on two (2) contiguous the required front yard setback shall both streets; -61- (3) Two Family Dwellings: for purposes of setback calculations, a two family dwelling shall be construed as one building occupying one lot; (4) Row House: for purposes of setback calculations, only those row houses which do not share a common wall with an adjacent row house need observe the required -si-de-yard -setback--for-the-dis tr-iet, -provid-ing -building code requirements for this type of structure are observed; (5) Partially Developed Frontages: on a vacant lot bordered on two (2) sides by previously constructed buildings which do not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the two adjacent build- ings; where a vacant lot is bordered on only one side by a previously constructed building which does not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged-front yard setback of the adjacent building and the minimum front yard setback for the district;· (6) Projections: every part of a required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features -12 inches; roof eaves -18 inches; uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls -no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard of four (4) feet into any required front or rear yard; (7) Accessory Building in Required Rear Yard: an accessory building may be located in a required rear yard provided not more than forty (40) percent of the rear yard area is covered. Such building shall observe a seven and one-half (7~) foot setback from the rear lot line when there is not an adjacent alley. An adjacent alley shall observe a ten (10) foot setback from lot line; (8) Accessory Structure in Required Yards: a fence, hedge, or wall may be located in any required yard provided no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. -62- 5.06 5.06.01 6.00 6.01 6.01.01 6.01.02 6.01.03 6.01.04 6. 01.05 6.01.06 6.01.07 6.02 6.02.01 SUPPLEMENTARY BUILDING HEIGHT REGULATIONS Building Height Exceptions: Parapet walls may exceed building height limitations by four (4) feet; stacks, vents, cooling towers, elevator cupolas, towers and similar noninhabitable building appurtenances shall be exempt from height limitations of this Resolution. ---------:.,:,-------·· FLOODPLAIN REGULATION STATEMENT OF PURPOSE It is the purpose of this Floodplain Regulation, hereafter "regulation", to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: Permit only such uses in designated floodplain that will not endanger life, health, public safety or property in times of flood. Prohibit the placement of fill, materials and structures which would significantly obstruct flood flows to the potential damage of others or c·ause potentially damaging debris to be carried downstream. Insure the most effective expenditure of public funds for necessary flood control projects and flood relief measures. Prevent avoidable business and commerce interruptions. Minimize damages to public utilities, streets, and bridges. Minimize the pollution of water by prohibiting the disposal of garbage and other solid waste materials in floodplains. Encourage but not limit, the use of the floodplain for agricultural, open space, and wildlife refuge purposes. DEFINITIONS As used in this regulation the following words and phrases are defined as follows: Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source. -63- 6.02.02 Fl.cod Fringe: That area of the floodplain shown on the flood maps which lies outside of the floodway, . in which the depth and velocity of the waters of the 100 Year Flood do not present as serious a threat to life and property as do the depth and velocity of the 100 Year Floodwaters do in the floodway. It is that area of the . 100 Year Floodplain in which the use of fill and flood -proofing ·te-chniquesma:y-b-eallowed for-development-,- wi thout raising the water surface elevation of the 100 Year Flood by more than one (l') foot. 6.02.03 Flood Insurance Study: The technical study outlining the method used to determine the elevations, in relation to mean sea level, and extent of the 100 Year Flood- waters for those areas of land in Garfield County, Colorado, covered by the study. Such study includes elevation profiles for the various sections of streams covered. 6.02.04 6.02.05 6. 02 •. 06 6.02.07 6.02.08 Flood Boundary Maps: Those maps which depict the total extent of the 100 Year Floodplain on selected reaches of streams in Garfield County, Colorado. Floodway Maps: Those maps which depict the total extent to which the 100 Year Floodplain falls into the floodway area on selected reaches of streams in Garfield County, Colorado. Flood Insurance Rate Map: Those maps which depict the various insurance rate zones of the 100 Year Floodplain which are determined by the Federal Insurance Administra- tion for the purpose of making flood insurance available to affected areas of Garfield County, Colorado.· Flood Maps: The maps of Garfield County pertaining to floodplains in the County, which include the flood boundary, floodway, and flood insurance rate maps as defined above. Flood Prone Areas: Those areas of Garfield County for which the full extent of the 100 Year Floodplain has been delineated using approximate estimating techniques. Such flood prone areas are shown to be affected by the 100 Year Flood, but without the information relating to the exact elevation, in relation to mean sea level, of the surface of the 100 Year Floodwaters. -64- 6.02.09 Floodplain Administrator: The individual designated by the County Commissioners and assigned to make the necessary interpretations of the floodplain studies and maps as they relate to the precise location and elevation of the surface of the 100 Year Floodplain on a specific .property, and any other interpretation and duties -~~ required in the daily administration of this ordinance. --Fori:ne purposes-of-tnis-regulation-the-floodplain~ administrator shall be the Planning Director of Garfield County, Colorado. 6.02.10 Flood Proofing: A combination of provisions, techniques, methods of construction and design, and changes or adjustments to lands, properties, and structures subject to flooding, designed primarily for the reduction or elimination of flood damages to lands, properties, structures, and contents of buildings in a flood hazard area. 6.02.11 Floodway: The channel of a stream and those portions of the adjoining floodplain that must be kept free of encroachment in order that the 100 Year Floodwaters be carried without substantial increases in flood heights. In the context of this regulation, it is the designated area of the 100 Year Floodplain as shown on the Flood Maps which is reserved to carry the discharge of the 100 Year Flood, including a maximum increase of one (l') foot in water surface elevation of the 100 Year Flood due to development within the flood fringe area. 6.02.12 One Hundred Year Flood: A type of flood, including the water surface elevation and territorial occupation thereof, which can be expected to occur at any time in a given year based upon recorded historical precipita- tion and other valid data, but with an average statis- tical one (1%) percent chance of being equalled or exceeded during any one year. This term is interchange- able with a one (1%) percent or intermediate regional flood, or base flood. 6.02.13 One Hundred Year Floodplain: An area in and adjacent to a stream, which is subject to flooding as the result of the occurrence of an intermediate regional flood . (100 Year Flood), and which area thus is so adverse to past, current or foreseeable construction or land use without proper flood proofing or fill measures as to constitute a significant hazard to public health and safety or to property. 6.02.14 Stream: Any natural channel or depression through which waters flow, whether continuously, intermittently or periodically, including any artificial modification of the natural channel or depression. -65- 6.02.15 6.02.16 Structure: A walled and roofed building or mobile home that is principally above ground. Substantial Improvement: Any repair, re-construction, alteration or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the ------markeLvalue_Qf_ the structure either before the alter- ation takes place, or, if the structure is damaged, before the damage occurred. 6.03 6.03.01 6.03.02 6.04 APPLICABILITY OF REGULATIONS Except as otherwise specifically provided herein, no structure shall hereafter be used, constructed, sub- stantially improved, located, extended, converted or altered on lands subject to thi_s regulation without full compliance with the terms hereof and all other applicable regulations. This regulation shall apply to all areas of lands within the unincorporated area of Garfield County, which are identified as being subject to the 100 Year Flood in either: l. The report entitled Flood Insurance Study, Garfield County, Colorado., Unincorporated Areas, and the accompanying flood maps entitled Flood Boundary Maps, Floodway Maps, and F1ood Insurance Rate Maps, Gar- field County, Colorado, Unincorporated Areas, as the same may be from time to time amended; or 2. In the processing of any application for Planned Unit Development zoning or for subdivision under applicable Garfield County Regulations. DETERMINATION OF FLOODPLAINS FOR PLANNED UNIT DEVELOP- MENTS AND SUBDIVISION IN AREAS NOT PREVIOUSLY MAPPED When an application for a Planned Unit Development or subdivision site under the applicable provisions of this resolution or the Garfield County Subdivision Regulation indicates or suggests that an area of the site may be subject to.the 100 Year Floodplain, but for which area no studies or maps have been previously prepared, it shall be the responsibility of the appli- cant to provide floodplain studies, including appropriate maps, conducted and prepared by a licensed professional -66- 6.05 6.05.01 6.05.02 engineer experienced in floodplain hydrology and hy- draulics, which studies shall, at a minimum, determine the depth and elevation of the 100 Year Flood for the~ entire area of the site and for 200 yards upstream and downstream from the site, with an appropriate cross section. Map scales shall be determined by Garfield County zoning and subdivision requirements. -------------- DELINEATION OF DISTRICTS WITHIN FLOODPLAIN District Types The floodplain of Garfield County, identified as set forth in Sections 6.03 and 6.04·, supra, may, where deemed to be in the public interest by the County of Garfield, and to promote wise use of the floodplain, be divided by the county into two sub-areas: (1) Flood Fringe (2) Floodway. In case of such division, such sub-areas shall be as deline;;i.ted and described in the studies and maps incorporated herein. Where such definition of any area of the floodplain into sub-areas is not so made, the provisions of this resolution applicable to Floodways shall be applied to the entire area of the floodplain not so divided. Applications to Divide Floodplain into Districts Applications for Special Use Permits, as required hereunder, may include a request to divide the flood- plain use as to the land included in the application, so that the floodplain land included in the application will be designated as lying in whole or in part in Flood- way or Flood Fringe. The applicant seeking such division shall include in his application, at the applicant's expense, a report of a licensed professional engineer competent in the field of floodplain hydrology and hydraulics, including accurate maps, which report and maps shall show, in the opinion of the engineer, which portions of the land included in the application lie in whole or in part in the Floodway and Flood Fringe as defined herein. The report shall further state that division of the floodplain, in the manner shown in the report, complies with all the standards and require- ments of this regulation. Applications to divide the floodplain may be included in an application for the permit for use of the land included in the application, or may be submitted apart from any application for a permit for a use. If the application is submitted apart from any application for a permit for a use, then the granting of the application to divide the flood- -67- 6.05.03 6.06 plain into sub-areas shall not be construed to be the granting of a permit to make a use of the land included, and an application for a Special Use Permit shall be required as provided herein before any use of the land can be made for which a Special Use Permit is required. In any case, such application for division shall be approved or denied under the procedures of this Zoning Resolution for Special Use Permits, using the guidelines set forth below. Guidelines for Determining Appropriateness of Division In determining whether to divide the floodplain into Floodway and Flood Fringe sub-areas, the County shall determine whether such division is in the public interest and promotes wise use of the floodplain. The following factors, by way of example, and not by way of limitation, shall be considered in making such deter- minations: 1. Whether the Flood Fringe area, as depicted by the available studies and maps is so restrictive due to the amount of total area or topography involved that the development of the site would require a variance from other applicable County Zoning Regulations. In cases where a variance would be necessary, the County shall not approve dividing of the 100 Year Floodplain. 2. Whether the 100 Year Floodplain in question could serve as an integral part of the land use planning for a subdivision or planned unit development application for the purposes of providing common open space or recreational land. In such case the County shall strive to keep the 100 Year Flood- plain free of significant construction or sub- stantial improvement. ADOPTION OF OFFICIAL MAPS AND REPORTS The flood maps and reports defined and listed above, and all amendments thereto, are hereby adopted by reference and shall be a part of this resolution as if fully set forth and described herein. These maps and reports shall be filed in the Planning Office of Garfield County, Colorado, and the office of the Garfield County Clerk and Recorder. In addition, the County shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source in the course of the administration of -·----·-----·------t1l.ts resolution. -68- 6.07 6.08 6.08.01 6.08.02 INTEGRATION OF FLOODPLAIN REGULATION AND ZONING REGULATIONS Uses allowe.d on land identified as subject to this floodplain regulation shall also be subject to the provisions of the applicable underlying zone district, as outlined elsewhere in this Zoning Resolution. Where this floodplain regulation and the applicable provisions of any underlying zone district category conflic~ne more restrictive shall apply. ADMINISTRATION PROCEDURES Special Use Permit Required Any use to be developed in the floodplain shall be required to obtain a Special Use Permit, in accordance with the applicable regulations of Section 9 of this Zoning Resolution concerning the submission and process- ing of such permits. In addition to the determinations to be made by the Building Official under the provisions of said Section 9, all applications for the Special Use Permit under this regulation shall be reviewed by the Floodplain Administrator: 1. To assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal water Pollution Control Act Amendments of 1972, 33 u.s.c. 1344; and 2. To determine whether proposed building sites will be reasonably safe from flooding, and that the structure will be in compliance with the appli- cable provisions for uses and standards for con- struction set forth in this resolution. Interpretation When interpretation is needed as to the exact location of the boundaries of designated floodplains, water surface elevations of the 100 Year Flood, or any other requirements of this regulation, the Floodplain Adminis- trator of Garfield County, Colorado shall make the necessary initial interpretation. The 100 Year Flood elevation for the point or points in question shall be the governing factor in determining the actual boundaries. In making such interpretation the Floodplain Adminis- trator shall obtain the elevations, in relation to mean sea level, of the lowest habitable floor, including basement, of each new or substantially improved structure -69- 6.08.03 6.09 6.09.01 in the 100 Year Floodplain. The above data, together with in£ormation as to whether the structure contains a basement, whether the structure has been flood proofed, and the elevation of· the flood proofing measures shall be maintained on record with the Floodplain Administrator. Mapping Disputes In deciding contested cases in which the location of a district boundary as mapped or fixed by the Floodplain Administrator is disputed, the person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the County Commissioners and to submit his own technical evidence if he so desires. The County Commissioners shall not allow deviations from the boundary line as mapped and determined unless the evidence clearly and conclusively establishes that the mapped location of the line is not correct. SPECIAL USES AND STANDARDS FOR CONSTRUCTION Floodway 1. Prohibited Uses and Activities The following uses and activities are prohibited in the Floodway: a. The development, use, fill, construction, sub- stantial improvement, or alteration on or above any portion of the floodway which alone, or cumulatively with other activities would cause or result in any increase in flood levels during the discharge of the 100 Year Flood, or the danger of substantial, solid debris being carried downstream by floodwaters. b. The storage or processing of materials that in times of flooding are buoyant, flammable, explo- sive, or otherwise potentially injurious to human, animal, or plant life. c. The disposal of garbage or other solid waste materials. d. The placement of any structures, either fixed or mobile, for purposes of human occupation, either permanent or temporary. -70- 6.09.02 e. Any obstruction which would adversely affect the efficiency of or restrict the flow capacity of a designated floodplain so as to cause foreseeable damage to others. 2. Permissable Uses The _following_Sp_ecial_Uses_ar_e_permi:t._te~od way if present underlying zoning allows such uses: a. Agriculture, such as farming, grazing, and forestry. b. Loading and parking areas for industrial and commercial uses not requiring paving or grading. c. Recreation and open space uses such as parks, golf courses, picnic grounds, green belts, wildlife preserves, and trails systems, providing no permanent structures are constructed. d. Any fence, pipeline or structure for which the primary use is the diversion or st6rage of water or the control of flooding or any similar use. Flood Fringe 1. Prohibited uses and Activities The following uses and activities are prohibited in the Flood Fringe: a. The development, use, fill, construction, sub- stantial improvement, or alteration on or above any portion of the Flood Fringe which alone, or cumulatively with other activities, would cause or result in the danger of substantial solid debris being carried downstream by floodwaters. b. The storage or processing of materials that in times of flooding are buoyant, flammable, explo- sive, or otherwise potentially injurious to human, animal, or plant life. c. The disposal of garbage or other solid waste materials. d. The placement of any mobile homes. e. Any obstruction which would adversely affect the efficiency of or restrict the flow capacity of a designated floodplain so as to cause foreseeable damage to others. -71- 2. Permissable Uses All Special Uses permitted in the Floodway, and all lawful uses permitted by the underlying. zoning, subject to Section 6.09.02(1) of this regulation and the regulations concerning the Special Use Permit, are permitted in the Flood --------------FJ:'inge-.------------ 3. Performance Standards The following performance standards must be met for development in the Flood Fringe: a. Any building or structure shall be built so that any wall shall be at least fifteen (15') feet from the stream side of the Flood Fringe border as depicted on the Flood Boundary and Floodway Maps, or other maps submitted in support of an applica- tion for subdivision or Planned Unit Development and approved by the County. b. The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be less than one (l') foot above the maximum water elevation of the 100 Year Flood. c. Any new construction or substantial improvement designed for commercial or industrial uses shall either: i. Elevate the lowest floor level, including basement, to not less than one (l') foot above the maximum water surface elevation of the 100 Year Flood; or ii. Provide flood proofing improvements so that below an elevation of one (l') foot above the maximum water elevation of the 100 Year Flood, the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water. Structural components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Evidence shall be submitted and certified by a registered professional engineer or archi- tect that the improvements meet the standards as set forth herein. -72- d. Any proposed development shall be reviewed by the Floodplain Administrator to insure that the potential for flood damage by the 100 Year Flood is minimized, that all public utilities and facil- ities are located, designed and constructed so as to minimize damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure ---------·--to-£-lood-hazards.-..------------~---- 6.09.03 e. New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On-sight individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 Year Flood. f. Within any area subject to sheet flow (Zone "AO" on the Flood Insurance Rate Maps) all new con- struction and substantial improvements of resi- dential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of non-residential structures in areas identified as subject to sheet flow, shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the Flood Maps, or, together with attendant utility and sanitary facilities, be completely flood proofed to or above the elevation of the water surface as specified on the Flood Maps. Flood Prone Areas 1. Prohibited Uses and Activities The following uses or activities are prohibited in Flood Prone areas: a. The development, use, fill, construction, sub- stantial improvement, or alteration on or above any portion of the Flood Prone area which alone, or cumulatively with other activities would cause or result in the danger of substantial solid debris being carried downstream by floodwaters. b. The storage or processing of materials that in times of flooding are buoyant, flammable, explo- sive, or otherwise potentially injurious to human, animal or plant life. -73- 6. 10 c. The disposal of garbage or other solid waste materials. d. The placement of any mobile homes. e. Any obstruction which would adversely affect the efficiency of or restrict the flow capacity of a ---~designated floodr>lain so as to cause foreseeable damage to others. 2. Permissable Uses All Special Uses permitted in the Floodway, and all lawful uses permitted by the underlying zoning, subject to Section 6.09.03(1) of this regulation and the regutations concerning Special Use Permits are per- mitted in Flood Prone areas. 3. Performance Standards The following performance standards must be met for development in Flood Prone areas: a. All new construction or substantial improvements shall be reasonably safe from flooding • . b. All new construction or substantial improvements shall be designed and adequately anchored to prevent floatation, collapse, or lateral movement, be constructed with materials and utility equip'- ment resistant to flood damage, and be constructed by methods that minimize flood damage. DISCLAIMER OF LIABILITY The degree of flood pr.otection required and intended to be provided by this regulation is considered reasonable for the protection of life and property and is based upon engineering and scientific methods· of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes. This regulation does not imply that areas outside the designated floodplains or land use permitted within such floodplains will be free from flooding or flood damages. This regulation shall not create liability on the part of Garfield County or any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder. -74- 6.11 NONCONFORMING USES Notwithstanding any other provisions of this Resolution to the contrary, the provisions of this regulation shall not apply to or affect any fixed building or structure already lawfully in place or the terms or conditions of any lawful permit already granted at the time of the enactment of this regulation, provided ~~~~tnat, i~ne event---of-desErucEion or darm:rg~rrf-uver-- 50% of such use or structure, the reconstruction or replacement of such building shall be considered a substantial improvement and be governed by the appli- cable provisions of this regulation. _7.00 7.01 7.02 7.03 7.04 NON-CONFORMING USE REGULATIONS All uses of land and buildings, other than in conformity with this Resolution, shall be regulated as follows: NON-CONFORMING USES AND BUILDINGS The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of adoption of this Resolution or in the case of amendment to this Resolution, then at the time of such amendment, such use or building hereafter referred to as "non-conforming", may be continued although such use does not conform with the provisions of this Resolution or amendment thereto; and such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. REPAIR AND _MAINTENANCE Repair and maintenance of a non-conforming building shall be permitted. RESTORATION A non-conforming building which has been damaged or. destroyed by fire or other causes may be restored to its original condition, provided such work is commenced within one year of such event, and completed within 18 months of such event. CHANGE IN USE A non-conforming use shall not be replaced by the use considered to exhibit a greater degree of non-conformity than the existing use; a non-conforming use may be -75- 7.05 7.06 7.07 8.00 8.01 8.02 8.02.01 replaced by a use considered to exhibit an equal or lesser degree of non-conformity than the existing use; the degree of conformity to be determined by the Build- ing Official based on the intent and purpose of this Resolution. REPLACEMENT OF MOBILE HOME A mobile home which is non-conforming because it is lo- cated outside of· a mobile home park in a district where such use is not permitted may be replaced by another mobile home on the same lot provided the replacement mobile home conforms to the requirements under section 5.03 (Conditional and Special Uses) and the Building Code Resolution of Garfield County, Colorado. ENLARGEMENT A building which is non-conforming because it cannot meet the area, setback, height or other site require- ments of this Resolution may be extended provided any such extension is in full compliance with all provisions of this Resolution. ABANDONMENT Whenever non-conforming use of a building or land has been discontinued for a period of six (6) months, future use of the land or building shall be in con- formity with provisions of this Resolution. ADMINISTRATIVE ORGANIZATION OFFICE OF BUILDING OFFICIAL It shall be unlawful to erect, construct, reconstruct, alter or change the. use of any building or other structures witlffi'r·,I~~ .unincorporated territory of the County without obtaining a permit from the Building Official who shall not issue any permit unless the plans for the proposed erection, construction, re- construction, alteration or use fully conform to all provisions of this Resolution. Buildings or structures used only for shelter of agricultural implements, farm products produced on the lot, livestock or poultry, where permitted under the applicable Zone District Regulation, shall be excepted. BOARD OF ADJUSTMENT Membership and Organization: A Zoning Board of Adjust- ment. for Garfield County, Colorado, is hereby created in accordance with Title 30, Article 28, of the Colorado -76- Revised Statutes 1973, as amended. The Board shall have five (5) members selected to provide the broadest possible representation from within the unincorporated area of Garfield County; one membership shall be filled by a current member of the County Planning Commission. Appointment to membership shall be made by the. County Commissioners in accordance with the provisions of _____ Title_3Q_,_Ar_tic_le 28 of the Colorado Revised Statues_ 1973. Active, incumbent members may be reappointed. 8.02.02 8.02.03 · Vacancies on the Board shall be filled for the unexpired term in the same manner as the original appointments. Any member of the Board may be removed for cause by the County Commissioners upon written charges and after a public hearing. The Board shall elect a chairman and secretary from its membership during its first meeting of each calendar year and adopt such rules as may be necessary for conduct of its business. The County Commissioners may appoint five (5) associate members of such Board, and in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the Board or any other cause, his place may be taken during such temporary disability by an associate member designated by the Chairman of the Board for that purpose. Meetings: The Board of Adjustment shall be held at the call of the chairman and at such other times as the Board, in its rules of procedure may specify. The chairinan may adminis·ter oaths and compel the attendance of witnesses by application to the District Court. The Court, upon proper showing may issue subpoenas and enforce obedience by contempt proceedings. All meet- ings shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each_ member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be. immediately filed in the office of the Board and shall be made a public record. Powers and Duties: The Zoning Board of Adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged by the appellant that there is error in any· order, require- ment, decision or refusal made by an administrative official or agency based on or made in the enforcement of this Resolution; (2) To hear and decide appeals wherein there is question on the interpretation of the Zone District Map -77- or similar questions as they may arise in the admin- istration of this Resolution; (3) To hear and decide appeals for special exceptions to the provisions of this Resolution, such exceptions to be known as Variances. ~9.00----~ADMINISTRATlVE-PROCEDURESc--~~~ 9.01 9.01.01 PERMIT Applications: All permit applications shall be filed by the owner or owners of the subject lot with the Building Official on a form provided by the Building Official for this purpose and shall include a map drawn to scale and drawings showing: (1) Information sufficient to locate the subject lot on the assessor's records and zone district maps of the County including reference to the particular block and lot location when such lot is located within a subdivision; (2) The subject lot with actual dimensions, calcula- tions of lot area and contours or sections as necessary to support lot slope determinations; (3) Location, dimension, area and use of all existing proposed buildings and structures sufficiently detailed to determine if the proposed building or structure is in compliance with applicable provisions of this Resolution including those covering use, lot area, lot coverage, floor area ratio, setback and height provisions of the applicable Zone District Regulation; (4) Plans, elevations, sections and details proposed buildings or structures sufficiently detailed to determine if the proposed building or structure is in compliance with applicable building, plumbing and electrical codes; (5) Provision of domestic water, sewage disposal, electric power service and any other proposed utility improvements serving the subject lot sufficiently detailed to determine if requirements for utilities under this Resolution and other applicable county and state regulations are satis.fied; (6) Any other information of a specialized nature which may be unique to the subject lot. -78- 9.01.02 9. 01. 03 9.01.04 9.01.05 9.02 9.02.01 9.02.02 Action by the Building Official: The Building Official shall utilize services of the Environmental Health Officer, County Planning Director and other county and state officials or agencies to arrive at a determination that the proposed building, facility, structure or use is in compliance with all applicable zoning, subdivision, building, health and sanitation regulations; and if the proposed building, facility, structure or use is in compriance, shall-issue a-permiY-for-tlie improvements shown on the application; review of permit application shall normally be limited to ten (10) working days. Inspection: The Building Official or his designated representative is hereby empowered to inspect any building, structure or tract of land concerning which he has reasonable cause to believe that a use exists, or construction or alteration work is being or has been performed, in violation of the applicable provisions of this Resolution. If a violation exists, the County Commissioners or their designated representative shall direct that such remedial action be taken as will result in full compliance with the applicable provisions of this Resolution. Records: All permits, including applications, and inspection records shall be kept on file in the office of the Building Official as a public record. Expiration: A permit shall be valid for a period of one hundred twenty (120) days from the date of issuance thereof unless construction or use has commenced there- under; and if construction or use has not commenced within this specified period, the permit shall expire. The County Commissioners may extend the expiration date of any permit. PERMIT -CONDITIONAL USE Application: Shall consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the following: Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations. Action by Building Official: The Building Official shall utilize services of the Environmental Health Officer, County Planner and other county and state officials or agencies to arrive at a determination that -79- 9.03 --~ 9.03.01 the proposed buildings, structures and use is in compliance with all applicable zoning, subdivision, building, health, and sanitation regulations; and if the proposed building, structure and use are in com- pliance, shall issue a permit for the improvements shown on the application. PERMIT -SPECIAL USE Application: Shall consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the following: (1) Supporting information, plans, letters of approval from respo.nsible agencies and other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations; (2) A vicinity map drawn to scale depicting the .subject property, location of roads providing access to the subject property, location and use of buildings and structures on adjacent lots and the names of owners of record of such lots; (3) A letter to the County Commissioners from the i applicant explaining in detail the nature and character I of the Special ·use requested. 9.03.~: A fee of Twenty-five Dollars ($25.00) shall be charged for each application; with the exception of uses as industrial operations as defined in Section 5.03.07 of this Zoning Resolution in which case a fee of Five Hundred Dollars {$500.00) shall be charged for each application. 9.03.03 9.03.04 Action by Planning Director: The Planning Director shall utilize services of the Environmental Health Officer, Building Official and any other county or state officials or agencies to arrive at a determina- tion that the proposed building, structure or use is in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except for approval by the County Commissioners as a Special Use; and if the proposed building, facility, structure or use are in compliance except for the Board approval, shall forward the application along with his report to the Board. Action by the County Commissioners: An application for a Special Use Permit shall be approved or denied by the County Commissioners after holding a public hearing -80- thereon in conformance with all provisions of this Resolution. Such hearing shall be held no later than thirty (30) days following the receipt of the Special Use Permit application and the recommendation of the Planning Director; provided, however, that if they deem it appropriate, the County Commissioners may refer a request for a Special Use Permit to the County Planning ~~~Commiaaion for its review and recommendation, in which case said public hearing must be held within sixty [60) days of the application. Notice of hearings held in regard to an application for a Special Use Permit shall be the sole responsiblity, and at the expense, of the applicant, and except as otherwise provided shall be given as follows: 9. 0.3. 05 (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Special Use and the time and place for the hearing shall be given once in a newspaper o{ general circulation in that portion of the County in which the subject property is located at least fifteen (15) days prior to the date of such hearing and Proof of Publication shall be presented at hearing by the ap- licant. (2) Notice by mail, containing information as described under paragraph (1), above, shall be mailed to all owners of record of lots adjacent ot the subject lot at least five (5) days prior to such hearing time by Certified Return Receipt mail, and Receipts shall be presented at the hearing by the applicant. The concurring vote of the majority of the County Comm.issioners shall be necessary to decide in favor of the applicant. The County Commissioners shall approve or deny the permit application and notify the applicant of their decision, in writing, within fifteen (15) days following the Public Hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is denied, such decision· shall include reasons for denial. Periodic Review: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine com- pliance or non-compliance with any performance require- ments associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time -81- 9.04 periods at the time of issuance of a Special Use. Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful.. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations ---a;t;S-not---in-compliance-and-either __ suspend_the_p_ermi_t_or require the permitee to bring the operation into com- pliance by a certain specified date. Such periodic review shall be limited to those performance require- ments and conditions imposed at the time of the original issuance· of the Special Use Permit. ADMINISTRATIVE APPEAL & INTERPRETATION 9.04.01 Applications: Appeals to the Zoning Board of Adjust- ment ("Board") may be taken by any person aggrieved by his inability to obtain a permit (other than a Special Use Permit), or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Resolution. Appeals may also be taken by any officer, department, board or bureau of the County affected by the grant or refusal of a permit, other than a Special Use Permit, or by other decision of an administrative officer or agency based on, or made ·in the course of, the administration or enforcement of this Resolution. Appeals to the Board must be made in writing and filed with the Board within seven (7) days of the action or decision appealed and a copy shall be given by the appellant to any official or agency from which the appeal is taken. 9.04.02 A timely appeal stays all proceedings in furtherance of the action appealed from, unless any officer or agency from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him; that by reason of the facts stated in the certif- icate, a stay, in his opinion, would cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record or the Board upon proper application. No restraining order shall be issued by the Board except after notice to the officer or agency from whom the appeal is taken and only if due cause is shown. Action· by the Board of Adjustment: The Board shall have the powers and duties to hear and decide appeals -82- 9.05 as set .forth in Section 7.02.03 of this Resolution. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of the appellant. VARIANCE <r:o5~I--ApJ?Tication: An application for a variance shall be made to the County Building Official and shall consist of an application for a permit as provided in the appropriate preceding sections plus: 9.05.02 9.05.03 (1) Any additional information deemed necessary by the Building Official to justify the request for variance; (2) A letter from the applicant setting forth the specific provisions of this Resolution from which relief is requested, the nature of the relief sought and the reasons in justification thereof; (3) A fee of $25.00 to cover the processing of an application for a proposed variance. Action by the Building Official: The Building Official shall utilize services of the Environmental Health Officer, the County Planning Director and any other county or state officials or agencies to arrive at a determination that the proposed building, structure, or use is in compliance with all applicable zoning, subdivision, building, health, and sanitation regulations except for those provisions of this Resolution from which variance or relief is requested; and if the proposed building, structure or use is in compliance except for said provisions, shall forward the applica- tion along with his report to the Secretary of the Board of Adjustment. If the application is not so in compliance, the Building Official shall notify the applicant of the deficiencies. No application for variance shall be forwarded to the Board until such compliance is achieved by the applicant. Action by the Board of Adjustment: After the proper forwarding of an application for variance to the Board and where by reason of exceptional narrowness, shallow- ness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation -83- ---------- 9 .• 05. 04 enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize upon the application relating to said property, a variance from such strict applica- tion so as to relieve such difficulties or hardship, provided however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hard- ship upon the owner of said property; (2) That such relief may be granted without substan- tial detriment to the public good and without substan- tially impairing the intent and purpose of the General Plan or this Resolution; (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. Public Hearing: Hearings held on requests for variance from strict application of the provisions of this Resolution may, at the discretion of the Board, be conducted as a public hearing following public notice containing the name of the applicant, description of the property involved, a statement of the nature of the appeal, and the time and place of the hearing. If such a public hearing is held, such notice shall be the sole responsibility, and at the expense, of the applicant, and shall be given as follows: (1) Notice by publication shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least fifteen (15) days prior to the date of the public hearing, and Proof of Publication shall be presented at the hearing by the applicant. (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 receipts shall be presented at hearing by the applicant. -84- 10. 00 10. 01 AMENDMENT CLASSIFICATION The County Corrunissioners may amend the number, shape., boundaries or area of any district, or any regulation of or within such district or any other provision of this Resolution. Amendments ma_y be of one of the following general classifications: 10.01.01 Amendment to the text of this Resolution and not affect- ing the shape, boundaries or area of any district; such amendment shall be referred to hereinafter as a Text Amendment; 10.01.02 Amendment changing the zone district designation of a specific lot or lots to any other single district designation, such amendment shall be referred to here- inafter as a Zone District Amendment; l0.01.03 Amendment changing the zone district designation of a: specific lot or lots from any zone district designation to a combination of zone district designations arranged to permit development of a Planned Unit Development; such amendment shall be referred to hereinafter as a Planned Unit Development Amendment. 10.02 INITIATION The following persons or officials may initiate amend- ments to this Resolution: 10.02.0l Text Amendment: Any owner of real property affected by such a change, the County Commissioners or the Planning Commission; 10.02.02 Zone District Amendment: Owners of real property located within the area proposed to be subject to the zone district change, the County Commissioners, the Planning Commission; 10.02.03 Planned Unit Development: All the owners of the real property to be included with the proposed Planned Unit Development. 10.03 SUBMITTAL Each landowner application for amendment shall be in the form of a written request to the County Commissioners identifying the applicant and clearly stating the nature of the proposed amendment and reasons in support of such change. -85- 10.03.01 An application for change in Zone District, or for a Planned Unit Development shall be accompanied by the Zone District Map of the subject.property showing the property proposed for change, the use an.d owners of record of adjacent property, and any other information which may be noted thereon to explain the proposed amendments. 10.03.02 An application for a Planned Unit Deveiopment----Snarr-- also be accompanied by a general development plan indicating the several zone district designations requested. 10.03.03 Fee for Map Amendment: For proposed amendments to an official Zone District Map, a fee of One Hundred Dollars ($'LOO. 00) , payable to the County Treasurer, shall be charged to the applicant to cover the costs of processing. 10.04 PROCEDURES The.County Commissioners shall refer each proposed amendment to the Planning Commission. The Planning Commission shall report its approval, disapproval, or recommendation to the County Commissioners within sixty (60) days of such referal of the proposed amendment by the County Commissioners except as stated in Section 4.08.01 of the Planned Unit Development provisions of this Resolution. 10.04.01 Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least ten (10) days notice of the time and place of which shall be given by at least one publication in· a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least five (5) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. 10.04.02 Approved amendments to any Zone District Map shall be promptly entered on the appropriate sheet of the Zone District Map, and Planned Unit Developments shall be labeled as such. One copy of each approved application shall be retained in the records of the Building Official to insure that development proceeds in con- formance with the approved plans. 11.00 INTERPRETATION In their application and interpretation, the provisions of this Resolution shall be held to be minimum require- ments. This Resolution is not intended to repeal, -86- 12.00 13. 00 14.00 abrogate, annul, or in any way impair or interfere with existing provisions of other laws or with existing provisions of private agreements or restrictive covenants running with the land to which the County is a part. Where this Resolution imposes a greater restriction than that imposed by such existing provisions of law, contract or deed, provisions of this Resolution shall control. VIOLATION, PENALTY AND REMEDIAL ACTIONS It is unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, this Zoning Resolution, or any amendment hereof. Any person, firm, or corporation violating any such regulation, provision, or amendment, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such fines and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use contin- ues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used, in violation of any regulation or provision of this Reso- lution, or amendment hereof, the County Commissioners, the District Attorney of the County, or any owner of real estate within the district in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or pro_ceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alter- ation, maintenance, or use. SEVERABILITY If a provision of this Resolution is invalidated by a definitive decision of a court of competent jurisdic- tion, it is hereby declared to be the legislative intent that the effect of the decision shall be limited to the provision which is expressly stated in the decision to be invalid and the decision shall not affect, impair, or nullify this Resolution in its entirety. REPEALS The Garfield County Zoning Resolution, enacted on November 27, 1973, as amended, is hereby repealed. The -87- 15.00 Attest: repeal of said Resolution does not revive any other resolution or portion thereof repealed by said Resolu- tion. Such repeal shall not affect or prevent the prosecution or punishment of any person for the viola- tion of any resolution or amendment repealed hereby for an offense committed prior to the repeal. ENACTMENT CLAUSE Upon approval and adoption by the Board of County Commissioners of Garfield County, Colorado, a certified copy of this Resolution and of the Zone District Maps shall be filed, according to law, in the office of the County Clerk and Recorder of Garfield County, Colorado. This Resolution shall become of full force and effect as of the date of its adoption, this being the .;/'VP day of 7fl-v01'r/2J, 1921._. ! The Board of County Commissioners of Garfield County, Colorado: r, ,L . ..J r~T\ . -88- Commissi¢i.7r ! j \/ ' ~'.Cvf I ~----..