Loading...
HomeMy WebLinkAbout7 - Resolution 79-132r AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION:' Section 2.02.23 of the Garfield County Zoning Resolution shall 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 Resolution shall be amended by changing the words "one thousand" to "five hundred". Section 2.02.47 of the Garfield County Zoning Resolution shall be amended by changing the 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 maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or sythe- tic petro -chemical debris, waste, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous material. • Section 3.02.03 of the Garfield County Zoning Resolution shall be amended by changing the word "events" to "gatherings". • • Section 3.07.06 of 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 County Zoning Resolution shall be amended by the addition of the following, which shall be the first sentence in said section. Every Planned Unit Development Plan shall include a detailed listing of districts within the PUD 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: Occupancy of an existin.gmobile home .park and individual 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 approved by the Environmental Health Officer shall either be in place or shall be constructed in con- junction with the proposed use; Page 1 • 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 Colorado; and 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 file for public inspection in the • Office of the Garfield County Clerk and Recorder for a period of thirty days beginning the 14th 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: • • • • AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The word and number "thirty (30)" found in Sections 5.03.01 (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: In the event the County Commissioners or Planning Director determine that the impact of a proposed industrial operation is such that information in addition 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 of 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 ground through conventional use of drilling and pumping, and the extraction of sand and gravel affecting not more than ten acres has limited impact, waive the requirement for the above-described impact statement, upon the submittal of such information as the Planning Director requires for the evaluation of the impact of such an extractive operation. If the determination is later made that additional information is required, subsection (4) of this Section shall apply. Section 8.01 of the Garfield 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 9.02.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: All conditional 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 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. Section 9.02.02 of the Garfield County Zoning Resolution shall be amended to read as follows: Action by the Planning Director: The Planning Director shall utilize services 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 make: a•: recommendation 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 County Commissioners: Upon receiving an application for conditional use permit and recom- mendation regarding public hearing from the Planning Director, the County Commissioners 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) schedule a public hearing upon the conditional use application, 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 Commissioners may grant, or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution. 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 Commission 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 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 conditionally granted, such decision shall include 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 "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 County Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general 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 County Zoning Resolution shall be r • • • . 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 County 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 -- RESIDENTIAL -MOBILE HOME/GENERAL/ URBAN DENSITY 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, community building, day nursery and school. 3.11.03 Uses, special: Mobile Home Park; 3.11.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. 3.11.05 Maximum Lot Coverage: 50 percent 3.11.06 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 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 Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. 3.11.09 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). a AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.01 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 in the situation of a conditional 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 kKNN BE IT FURTHER RESOLVED that the foregoing amendments shall 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 Zoning Resolution shall remain in full force and effect. DATED this 15th day of October, 1979. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO U dA4 if By, 411 Deputy lerk of the Board ncy r�ck Page / Flaven J. Ceti .e, Chairman Board •