HomeMy WebLinkAboutADU Compliance FormGarfield County
BUILDING DEPARTMENT
108 Eighth Sneet, Suite 401, Glemtood Springs, CO 81601
Tel: 070 945-8212
Property Ownerts Certificate of Compliance
Accessory Dwelling Unit (ADU)
The undercigned propefi owner certiftes thot the ottached Building Permit Applicotion
for Accessory Dwelling llnit (ADU) is in compliance with the lollowing list of standords,
regulotions and requirements for ADlls per Garlield County's Land Use & Development
Code.
1. Floor Area - Maximum floor area of ADU shall not exceed 1,200 square feet.
r Measurement is from the inside of exterior walls and/or demising walls from the main
residence.
r Garages, exterior decks, patios, and stairs are not to be included.
. Laundry rooms and mechanical rooms accessed from spaces outside the ADU are not to
be included.
e Unfinished spaces are not allowed unless counted in the 1200 square foot limit.
2. Ownershio Restriction - ADU is restricted to leasehold interest (cannot be sold or subdivided).
3. ADU per Lot - A maximum of one ADU is allowed with a primary single-family home.
Properties with primary business structures and the Uses are allowed, a
number of ADU's explained in Section 7-7OL.A.4 of the LUDC.
4. lesal Access - Property Owner confirms legal access to proposed ADU as illustrated on site plan'
5. Water - property Owner represents that they have notified either: (a) their water supplier to
address additional tap fees (if applicable) or (b) State of Colorado's Division of Water Resources
to secure any necessary water rights to supply leBal water to the ADU.
6. Sewer - property Owner represents that they have notified either: (a) their sewer & wastewater
provider to address additional tap fees (if applicable) or (b) alternately, if an on-site wastewater
treatment system (OWTS) is employed, limitations on the number of occupants using the ADU
shall not exceed maximum recommendations of existing/proposed septic system per State of
Colorado's OWTS standards.
7. A deed restriction must be in place to waive Permit Fees and Transportation lmpact Fees.
*pLEASE NOTE: This form will be digitolty scanned into the Community Development Department's office records
and witt be ovoiloble for publicview and reference in any future title searches for the subiect property.
I hereby the preceding checklist and agree to abide by these
12Feb2O25
Owner(s)
Brad Zeigel,
havi
Representative
Date
VISION 2. GENERAL RESOURCE PROTECTION STANDARDSDI
B. Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions'
The following resource protection standards apply to all proposed Land Use Changes, including
divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more
standards.
7 -201. AGRICULTURAL LANDS.
A. No Adverse Effect to Agricultural Operations.
Land Use Changes on lands adjacent to or directly affecting agricultural operations shall
not adversely affect or othenvise limit the viability of existing agricultural operations.
Proposed division and development of the land shall minimize the impacts of development
on Agricultural Lands and agricultural operations, and maintain the opportunity for
agricultural production.
B. Domestic Animal Controls.
Dogs and other domestic animals that are not being used to assist with the herding or the
care of livestock shall not be permitted to interfere with livestock or the care of livestock
on Agricultural Lands. The County shall require protective covenants or deed restrictions
as necessary to control domestic animals.
C. Fences.
The County is a Right to Farm County consistent with section 1-301. Fences shall be
constructed to separate the development from adjoining Agricultural Lands or stock drives
as required to protect Agricultural Lands by any new development and to separate new
development from adjoining agricultural operations. All parts of the fencing including such
items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner,
HOA, or other resPonsible entitY'
D. Roads.
Roads shall be located a sufficient distance back from the property boundaries so that
normal maintenance of roads, including snow removal, will not damage boundary fences.
Dust control shall be required, both during and after construction, to minimize adverse
impacts to livestock and croPs.
E. Ditches.
',. Colorado State Statutes, C.R.S. 37-86-102, provides that "any person
owning a water right or conditionalwater right shall be entitled to a right-of-
way through the lands which lie between the point of diversion and point of
use or proposed use for the purpose of transporting water for beneficial use
in accordance with said water right or conditionalwater right." A plat note
shall be placed on allfinal plats and site plans for land use change permits
for properties that are impacted by, or contain, irrigation ditches.
2. The Colorado Constitution Article XVl, Section 7 provides that all persons
and corporations shall have the right-of-way across public, private and
corporate lands for the construction of ditches for the purposes of
conveying water for domestic, agricultural, mining, manufacturing and
drainage purposes upon just compensation.
3. Rights-of-Way. The land use change shall not interfere with the ditch
rights-of-way.
N
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7-7
4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to
be developed, the developer shall insure that the use of those ditches,
including maintenance, can continue uninterrupted.
5. Maintenance Easement. A maintenance easement shall be indicated on
any Final Plat for the division of land or for the final development plan for
any other land use. The Applicant shall provide a letter from the ditch
owner accepting that the development proposal will have no impact on their
ability to maintain the ditch and that an adequate maintenance easement
is possible. No structure or fence shall be placed within the right-of-way or
easement without written permission from the appropriate ditch owner.
6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s)
to operate and maintain their ditch without increased burden of
maintenance or liability. Development shall minimize ditch crossings. At a
minimum all irrigation ditch crossings shall:
a. Require the crossing be sized to not interfere with ditch operations
or change existing hydraulic flow characteristics;
b. Provide vehicle and maintenance equipment access to the ditch
from both sides of the ditch crossing from all roads for use by the
ditch owner(s);
c. Prior to permit application, or construction within the ditch right-of-
way the Applicant shall provide a letter from the ditch company
regarding agreement with standards contained in the proposed
crossing;
d. The BOCC may require specific improvements to ditch crossings if
determined to be necessary in the review process, particularly if
these improvements are required to address safety concerns;
7. Referral to Ditch Owner. Application for Division of Land or Land Use
Change Permit that may affect or impact any ditch right-of-way shall include
the name and mailing address of the ditch owner. (This information may
be obtained by contacting the Water Commissioner at the Colorado
Division of Water Resources to determine the ditch owner for purposes of
requesting review and comment on the development proposal).
8. Drainage. Application for Division of Land or Land Use Change Permitthat
includei any improvements located adjacent to or below grade of an
irrigation ditch shall address and mitigate potential impacts to the irrigation
Oitctr in a drainage plan. The drainage plan shall demonstrate that the
drainage will not impair operation of the ditch.
9. Water Quality and Stormwater Management. No development or changes
in land use shall channel surface waters into any irrigation ditch without the
written consent of the ditch owner.
7.202, WILDLIFE HABITAT AREAS.
The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in
determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include,
but are not limited to, 1 or more of the following:
A. Buffers.
Visual and sound buffers shall be created through effective use of topography, vegetation,
and similar measures to screen structures and activity areas from habitat areas.
7-B
OFFICE USE ONIY:
Assessot's Parcel Number lD Number:
Building Permit Number Reference:
Gaiield County Land Use & Development Code Accessory Dwelling Units- 2023 Update
-701. ACCESSORY NIT & SECONDARY UNIT
BONUS
A lot may be permitted to have either an Accessory Dwelling Unit or a Secondary Dwelling Unit
in addition to a Single-Unit Dwelling, but not both'
A. Accessory Dwelling Unit Standards
1) Maximum Floor Area.
The Floor Area of an ADU shall not exceed 1200 square feet'
2l Ownership Restriction.
nri nOU is restricted to leasehold interest in the dwelling unit and is for residentialor Home
Office/Business use onlY.
3) Buildinq Permit Required.
No person shall construct an ADU on any lot without first obtaining a Building Permit for
such construction. Construction shall comply with the standards set forth in this Code and
with Building Code requirements. ADU's are subject to the same regulations as Single-
Family Residences.
4) Units Per Lot.
a. One ADU which is subordinate to a Single-Unit (primary) dwelling unit is
allowed per legal lot. Reviewed as a by right permit.
b. For legal lots containing legally established non-residential structures and
use, 4 ADUs which are subordinate to the primary business purpose of the
lot and serve as housing for workers. Non-residential ADU'S are reviewed
as a by right permit in the CL, CG and I district. Non-residentialADU'5 are
reviewedis Administrative Review in all other districts. Subject to Article 7
standards.
c. For legal lots containing legally established non-residential structures and
uses ihat are greater than one acre, up to 4 ADUs may be allowed (in
addition to those allowed in 7-701 b., at a density of 4 units per acre,
calculated on that portion of the lot that exceeds 1 acre. These additional
ADU's must be subordinate to the primary business purpose of the lot and
serve as housing for workers and be reviewed as an Administrative
Review. Subject to Article 7 standards.
5) Waiver lmoact Fees.
The County shall waive traffic impact fees and building permit fee for any ADU that
has been approved under this section 7-7Q1 A and is deed-restricted to Workforce
Housing.l The applicant shall provide a copy of the Community Development
Department approved and recorded Restrictive Covenant Agreement with the building
permit application.
Failure to use and occupy the ADU in accordance with the ADU deed restriction shall
be deemed a violation of this Code subject to its enforcement provisions.
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL U SES