HomeMy WebLinkAbout2.0 Staff Memo & Exhibits BOCC 01.18.2021Text Amendments to Land Use and Development Code – Exhibits
Board of County Commissioners – Public Hearing
January 18, 2021
Exhibit # Exhibit Description
1 Staff Memorandum with Proposed Text Amendments
2 Proof of Publishing
3 Land Use and Development Code of 2013, as amended
4 Garfield County Comprehensive Plan
5 Article 3 Proposed Changes
6 Article 4 Proposed Changes
7 Article 5 Proposed Changes
8 Article 7 Proposed Changes
9 Article 8 Proposed Changes
10 Article 15 Proposed Changes
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Memorandum
DATE: January 18, 2020
TO: Garfield County Board of County Commissioners
FROM: Patrick Waller, AICP, Senior Planner
Sheryl Bower, AICP, Community Development Director
Subject: Text Amendment Package
Background & Request
The proposed Text Amendments are the result of Staff and Planning Commission work
on targeted changes that will provide benefits to members of the public and applicants in
the processing of Land Use applications. The Text Amendments include items that, clarify
particular uses, add new sections that provide additional flexibility to applicants, update
regulations based on current technologies, or remove regulations that were overly
complicated.
The Text Amendment package was heard by the Planning Commission on November
18th and continued to the December 9th agenda. At that meeting, the Planning
Commission unanimously recommended approval, by a vote of 5-0, with a few small
changes to the Sketch Plan and Small Camping sections. Those changes are
incorporated below and supported by Staff.
Sketch Plan – Section 5-302(B)
Sketch Plan review is an optional non-binding process in the Land Use Code that an
applicant for a Major Subdivision or Conservation Subdivision may choose to apply for.
Early identification of key issues through this optional process has the potential to improve
application processing by identifying key issues and problems before the submittal of a
formal Subdivision application. Currently the Land Use Code requires that Sketch Plan is
reviewed by the Planning Commission and not the Board of County Commissioners.
Exhibit 1
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Since the BOCC will make the final determination on Subdivision applications, it is Staff’s
opinion that the Board should be included in the conceptual review.
Additionally, the current Sketch Plan does not require that the applicant notice the public
meeting regarding the application. The proposed Text Amendments would require mailed
notice. This will notify neighbors of the application earlier and increase the potential for
public input. Increased public notice earlier in the process will also benefit the applicant
as they may choose to address issues identified by the public in a future application.
Based on the informal nature of the Sketch Plan review, the proposed Text Amendments
removed the requirement for a response from the Director after the Sketch Plan. The
applicant will be present during the Sketch Plan process and will be able to identify any
issues as they come up in the review.
Initially Staff proposed that the applicant have the choice of being reviewed by either the
Planning Commission or the Board of County Commissioners, however, the Planning
Commission wanted to be sure that they were involved in the Sketch Plan process. The
Planning Commission motion is captured in the text below, however Staff does not believe
that the text represented by the motion captures the Planning Commission’s intent. Staff
has provided a second option (below the original text) for the Board to consider that would
require all Sketch Plans to go in front of the Planning Commission with an optional review
by the BOCC.
Since the Planning Commission hearing, Staff also included a minor clarifying change to
Section B.2.a that changed the text from Board to reviewing body.
The following changes are proposed to the LUDC:
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Option 1 (This is the option included in Exhibit 7):
Section 5-302 Major Subdivision Review
B. Sketch Plan Review.
1. Overview. The Sketch Plan Review is an optional process intended to provide for
a conceptual review by the Planning Commission and/or the Board of County
Commissioners regarding the feasibility and design characteristics of the proposed
division of land.
2. Review Process. A Sketch Plan shall be processed according to Table 5-103 with
the following modifications:
a. The Planning Commission and/or the Board of County Commissioners may
conduct a conceptual review of the proposal. The comments and
recommendations from the Planning Commission and/or the Board of
County Commissioners are not binding and no formal motion from the
Board reviewing body is needed to conclude the Sketch Plan process.
b. The Director shall provide the Applicant with written notice of the Planning
Commission’s Conceptual Review comments and recommendations within
10 days of the date of the review.
3. Review Criteria. In considering a Sketch Plan proposal, the following shall be
considered:
a. Feasibility and design characteristics based upon compliance with the
applicable standards; and
b. General conformance with the Comprehensive Plan.
Option 2 (Staff Recommended Change)
Section 5-302 Major Subdivision Review
B. Sketch Plan Review.
1. Overview. The Sketch Plan Review is an optional process intended to provide for
a conceptual review by the Planning Commission with an optional review by the
Board of County Commissioners, regarding the feasibility and design
characteristics of the proposed division of land.
2. Review Process. A Sketch Plan shall be processed according to Table 5-103 with
the following modifications:
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a. The Planning Commission and the Board of County Commissioners may
conduct a conceptual review of the proposal. The Sketch Plan shall be
reviewed by the Planning Commission and the applicant may choose to also
have a review by the Board of County Commissioners. The comments and
recommendations from the Board of County Commissioners and/or the
Planning Commission are not binding and no formal motion from the Board
reviewing body is needed to conclude the Sketch Plan process.
b. The Director shall provide the Applicant with written notice of the Planning
Commission’s Conceptual Review comments and recommendations within
10 days of the date of the review.
3. Review Criteria. In considering a Sketch Plan proposal, the following shall be
considered:
a. Feasibility and design characteristics based upon compliance with the
applicable standards; and
b. General conformance with the Comprehensive Plan.
Deviation from Dimensional Standards – Article 3 and 4
The Text Amendment includes the addition of a Section in Article 4, allowing the Director
to approve up to a 20% reduction in dimensional standards, based on the proposed
projects ability to meet criteria, including difficulties inherent in the site, community
character, avoidance of natural features, improved site design, etc.
This allows limited flexibility for minor deviations from dimensional standards, without
requiring a hardship be proven for a variance and a public hearing in front of the Board of
Adjustment. This section would be an entirely new application. Staff has included one
additional clarification to the Planning Commission motion that identifies a 15-day mailed
notice period. Proposed updates are as follows:
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4-120 Deviation from Dimensional Standards
A. Overview
An applicant is able to request a Deviation of up to 20% of the Dimensional
Standards of this Code as outlined in Section 3-201.
B. Review Process
Applications for a Deviation from Dimensional Standards shall be processed
according to Table 4-102 Common Review Procedures and Required Notice with
the following modifications.
1. Notice shall only be required if the Director determines that the proposed
deviation has the potential for a negative impact on surrounding property
owners. This determination shall be made at the time of the issuance of the
Pre-Application Conference Summary.
a. If Notice is required, the applicant shall provide mailed notice via certified
letter to adjacent property owners at least 15-days prior to the Director’s
Decision.
2. The application may either be approved, approved with conditions, or denied.
3. The Director’s Decision may be called-up to the Board of County
Commissioners pursuant to section 4-112 of the Land Use and Development
Code.
C. Review Criteria: The Community Development Director shall consider the following
criteria to determine whether a deviation request shall be approved.
1. The situation giving rise to the need for deviation is preexisting nonconforming
and/or was created by the original plat or by the street location; the existence
of the situation creates practical difficulties for development.
2. There are existing trees or other natural areas that will be damaged or
destroyed in order to meet the standards.
3. There are preexisting, unique physical characteristics of the development site
that create practical difficulties for development.
4. The deviation will allow for a more energy-efficient project design.
5. The deviation allows the development to better incorporate existing buildings,
trees, topographic features, or other existing elements.
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6. If granted the deviation is consistent with the character of the surrounding
area.
7. The deviation does not have a significant negative impact on surrounding
properties.
Industrial Use Standards in Section 7-1001
The Land Use and Development Code includes a variety of uses that are required to meet
the Industrial Use Standards. These regulations include the requirement that all activity
is a minimum of 100 feet from an adjacent residential property. However, the impact from
an industrial use can be limited by locating the use entirely within a structure. The
Planning Commission recommended approval of updated language that makes this
differentiation clear. Changes are outlined in red.
7-1001. Industrial Use.
These standards shall apply to all industrial uses:
A. Residential Subdivisions
Industrial uses shall not occupy a lot in a platted residential Subdivision
B. Setbacks
All activity associated with these uses shall be a minimum of 100 feet from an
adjacent residential property line, unless the use is on an industrially zoned
property, or located within a building. At a minimum, required setbacks as identified
in Table 3-201 shall apply.
C. Concealing and Screening
a. When an industrial use is not located on an industrial zoned property, all
storage, Fabrication, service, and repair operations shall be conducted
within an enclosed building or have adequate provisions, based on location
and topography, to conceal and screen the facility and/or operations from
adjacent property(s).
D. Storing
a. Materials shall be stored on the property in a form or manner that will not
i. be transferred off the property by any reasonably foreseeable natural
ii. cause or force.
b. All products shall be stored in compliance with all national, State, and
i. local codes.
c. Shall be a minimum of 100 feet from an adjacent property line or located
entirely within a building.
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d. Petroleum and hazardous products shall be stored in an impervious spill
i. containment area(s).
Agritourism - Article 3, and 15 (Definitions)
The ability for agricultural properties and ranches to include support activities and
commercial ventures in their allowable uses is a significant benefit to maintaining the
County’s agricultural heritage. The current Land Use Code does not specifically identify
Agritourism as a use and as a result, these types of uses often fall into a gray area of not
being specifically approved in the Code. Defining the term allows many uses that are
already ongoing to be specifically addressed. This includes items such as guided
horseback riding, guided outfitter activities, classes, field trips, u-pick operations, and
other related activities.
The Planning Commission suggests that the Land Use and Development Code is
amended to allow Agritourism as a use by-right in all zone districts where agriculture is
permitted. The definition is meant to be broad, as it allows for a variety of uses. If a
question comes up regarding whether or not a use falls within the definition, an applicant
is able to request a formal determination from the Director and may appeal that decision
to the Board of County Commissioners. The use table would be updated as follows:
The Planning Commission proposed that Agritourism is defined as follows:
Update to Article 15: Definitions
Agritourism. An agriculturally based operation or activity at a working farm or
ranch, conducted for the enjoyment, education, or active involvement of visitors
that adds to economic viability of the agricultural operation. Agritourism activities
are accessory to, and directly supportive of the agricultural use on the property
and shall not have significant impacts on the agricultural viability or rural character
of neighboring properties. Agritourism uses shall operate between dawn and dusk
and shall be limited to a maximum of 30 people visiting the property.
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Wineries, Breweries, Cideries, Distilleries – Article 3 & Article 15
Garfield County’s Land Use Code does not identify Breweries, Wineries, Cideries, or
Distilleries as a use. This is a growing industry and should be included in the Land Use
and Development Code. Planning Commission proposed the following definition and
review level.
Article 15 Definitions
Brewery/Winery/Cidery/Distillery. A facility for brewing, packaging, and distribution of
beer, mead, wine, cider, spirit and/or similar beverages.
Use Table Updates
Agricultural Products On-site and Off-Site Related to Agritourism – Article 15
The processing and sale of agricultural products on the same property as the products
are grown are considered a use by-right. However, the Land Use Code does not define
how much of a product is required to be grown on site. Planning Commission included
language that at a minimum 20% of the produce that is sold or processed should be grown
on site. Additionally, the updated language includes a clarifying change to the definition
for off-site sale and processing.
Article 15: Definition - Proposed Updates
Agricultural Products, Processing, Storage, Distribution, and Sale at Point of Production.
Establishment performing a variety of operations on crops after harvest and livestock after
slaughter, to prepare them for market or further processing and packaging or selling on
site and off. At a minimum, 20% of the product that is processed, stored, distributed,
and/or sold must be produced onsite.
Agricultural Products, Processing, Storage, Distribution, and Sale Off-Site. Centralized
establishments performing a variety of operations on crops after harvest and livestock
after slaughter, to prepare them for market or further processing and packaging at a
distance from the agricultural area. These facilities accept products from off-site locations
for processing, storage, and distribution.
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Condominium Regulations – Section 5-306
The current Land Use Code allows for the development of multi-unit buildings but may
restrict a possible condominium application based on minimum lot size requirements. For
example, with the current Code, a property owner could get approval for a triplex on 2-
acres in the Rural zone district, however they would not be able to go through the
condominium process because of the restriction in Section 1.a. The Planning Commission
is proposing a change that would eliminate the requirement that the total number of units
on a property needs to have the corresponding number of acreage.
Additionally, the proposed amendment included language that allows for an applicant to
demonstrate that the proposed parcel meets Article 7, Division 1, 2, and 3 requirements.
All changes are shown in red.
5-306 Common Interest Community Subdivision Review.
A. Overview.
The subdivision of land for Condominiums and planned communities, such as
townhouses, defined as Common Interest Communities in the Colorado Common
Interest Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101, et seq., shall require
approval of the Plats and maps described in C.R.S. § 38-33.3-209, along with
approval of the declaration defined in CCIOA.
B. Review Process.
An application for a Common Interest Community Subdivision Final Plat shall be
processed according to section 4-103, Administrative Review, and consistent with
Table 5-103
C. Review Criteria.
An application for a Common Interest Community Subdivision shall meet the
following criteria:
1. The Common Interest Community is consistent with zone district
regulations, including:
a. The total common area and individual lot area of the whole
project, divided by the total number of units, meets the
minimum Lot Size requirements of the zone district.
b. A project within a PUD complies with the zoning outlined in
the PUD designations.
2. If applicable, the Condominium, townhouse, or other Common
Interest Community declaration and bylaws make adequate
provision for the maintenance of common area elements.
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3. An improvements agreement has been signed and submitted by the
Applicant, and an adequate financial guarantee for improvements
has been posted or will be posted prior to approval.
4. The lot in which the Common Interest Community is located was
approved and platted as part of a Subdivision that meets the
requirements of this Code or that meets the requirements in Article
7, Division 1, 2, and 3.
5. Adequate easements for water, sewer, utilities, and access have
been provided.
6. If applicable, an acceptable party wall agreement has been recorded.
7. Common Interest Community Plat meets the requirements per
section 5-402.F., Final Plat, and adequately shows the location and
dimensions of the vertical boundaries of each unit; the horizontal
boundaries, if included; and the identifying number of each unit,
along with the location and dimension of common elements and
limited common elements, all as defined in the declaration.
8. All taxes applicable to the land have been paid, as certified by the
County Treasurer’s Office.
Affordable Housing Regulations – Article 8 (Inclusionary Zoning for Housing)
Current Affordable Housing Regulations are only applicable when a residential
Subdivision proposes 15 or more lots. Units are not mentioned in the trigger for the
affordable housing regulations. Based on the current text, a project could provide a
substantial number of “units” and not be required to offer any affordable housing.
The Planning Commission recommended the changes on the following page to the Land
Use Code to address the issue:
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Article 8: Inclusionary Zoning For Housing
Section 8-102. Applicability.
These requirements apply to all residential Subdivisions and applications for Land Use
Change Permits proposing 15 or more lots, units, or a combination of lots and units
located within Area 1, shown in Figure 8-1.
Section 8-201. Application Submittal Requirements.
The Applicant shall submit the following materials for a Subdivision or a Land Use Change
Permit that requires Affordable Housing.
Section 8-202 Review and Approval Procedures
The Affordable Housing Plan shall be reviewed by the Director and the GCHA or other
AAHE. The Affordable Housing Plan approved at Preliminary Plan or as part of the Land
Use Change Permit shall become the “Affordable Housing Agreement” between the
County, the Applicant, and the GCHA or other AAHE, which agreement will be adopted
and recorded in conjunction with a Final Plat or Land Use Change Permit approval by the
BOCC.
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Section 8-301 A. Number of Units Required
In a Subdivision project required to provide Affordable Housing, 10% of the lots or units
proposed in the development shall be developed with Affordable Housing Units. In
computing this requirement, any fraction of a unit and/or lot above .50 will be rounded up
and any fraction of a unit lot .49 or less will be rounded down.
Small Camping Facilities – Article 3, 7, and 15
With the current Land Use and Development Code, all campgrounds are required to go
through a Major Impact review. There are significant differences in impact, utility
requirements, and traffic between a large Campground/RV Park with dozens of potential
sites and much smaller facilities. The proposed amendments recommend differentiating
the two uses with a new use category, a Small Camping Facility, defined as follows:
Update to Article 15: Definitions
Small Camping Facility. A facility that allows for up to four total tent pads and/or
recreational vehicle spaces on a limited basis.
The proposed use would be subject to an Administrative Review and would be required
to meet all standards within Article 7, Divisions 1, 2, and 3 of the Land Use and
Development Code.
Initially the Planning Commission identified issues with the Small Camping Facility use.
Mainly these issues revolved around the definition and use specific standards being
overly broad. To address the Planning Commission concerns, Staff updated the
regulations as follows:
- Properties would be required to be 10-acres in size to apply
- The overall spaces permitted decreased from six to four
- The Zone Districts where the use was permitted were limited
- Operational periods were restricted from May through November
These changes are included in the text below.
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7-906 Small Camping Facility
A. Setbacks
1. All Small Camping Facilities and associated activities must be located at a
minimum of 200’ from the nearest property line.
2. The application shall comply with Waterbody Setbacks as detailed in Section
7-203
B. Passenger Vehicles
Two passenger vehicles shall be permitted per tent pad site or Recreational
Vehicle Space.
C. Recreational Vehicles
One Recreational Vehicle is permitted per Recreational Vehicle space.
D. Operational Timeframes
A Small Camping Facility is only permitted to operate between May 1st and
November 30th.
E. Property Size
A Small Camping Facility is only permitted on a property with an area of 10-acres
or greater.
Solar Regulations – Article 7 and Article 15 (Definitions)
Recently, a number of solar projects associated with single-family residences have
triggered an Administrative Land Use Change Permit. While this is the lowest level of
Planning review, the application process includes notice to neighbors and a number of
submittal requirements.
To ensure that solar facilities associated with single-family residences are not caught up
in Land Use Change Permit reviews, Planning Commission recommended that the
threshold for Accessory Solar is increased from 15kw to 25kw. To give the Commission
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an idea of the scale of such an Accessory facility, a recent application for a 21kw solar
facility required 1,100 square feet of solar panels.
After the Planning Commission hearing Staff identified an update that needs to be
included in Section 7-1101 (B). It is a small change to the requirements for Accessory
Solar Energy Systems that is required to ensure the new 25kw threshold is consistent
throughout the Land Use Code.
7-1101. SOLAR ENERGY SYSTEMS
A. Signage.
All Solar Energy Systems must install signage warning of electrical shock around
the perimeter of the system.
B. Solar Energy Systems, Accessory.
These additional standards apply to Accessory Solar Energy Systems:
1. Building-Mounted System:
a. The Solar Energy System components must be mounted as
flush to the roof or structure as practicable.
b. The building-mounted Solar Energy System may not exceed
the roofline for pitched roofs.
c. Solar collectors installed on flat roofs may be raised up to 6
feet above the height of the building and shall have a 3-foot
setback from the edge of the roof.
2. Ground-mounted System:
a. A ground-mounted system must meet the minimum setbacks
of the zone district and shall be located fully within the Building
Envelope, if a Building Envelope exists.
b. The height of the Solar Energy System shall not exceed 15
feet.
c. The total area of the ground-mounted Solar Energy System
shall not exceed 10% percent of the lot’s gross area.
d. Size of the system(s) is limited to less than a combined 25
15kW-rated nameplate DC capacity to include equivalent kW
measurement of energy for systems other than photovoltaics.
Article 15 Definitions
Solar Energy System, Accessory. A device and/or system that has a combined name
plate DC rating of less than 15 25 kilowatt and includes the equivalent kilowatt
measurement of energy for systems other than photovoltaic that converts the sun’s
radiant energy into thermal, chemical, mechanical, or electric energy.
Solar Energy System, Small. A device and/or system that has a combined name plate
DC rating of 15 25 kilowatt to 500 kilowatt and includes the equivalent kilowatt
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measurement of energy for systems other that photovoltaic that converts the sun’s radiant
energy into thermal, chemical, mechanical, or electrical energy.
LUDC Criteria for a Text Amendment
Section 4-114 of the Land Use and Development Code outlines the procedures and
criteria for consideration of a Land Use Code Text Amendment request to the LUDC. The
criteria for approval of a Land Use Code Text Amendment are as follows:
a. The proposed text amendment is in compliance with any applicable
intergovernmental agreements.
b. The proposed text amendment does not conflict with State law.
The Planning Commission recommendation included a finding that both of these criteria
have been met.
Board of County Commissioners Decision
The Garfield County Planning Commission recommended unanimous approval of the
Text Amendment package (5-0). The Board may choose to approve the amendments as
recommended, approve the amendments with identified changes, continue the public
hearing for more information, or deny the requested amendments. If the Board wishes to
approve the proposed amendments, Staff has included the findings identified below.
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at the meeting.
3. The Code Text Amendments are in compliance with the criteria for approval
established in Section 4-114 of the Land Use and Development Code.
4. The Code Text Amendments are in compliance with the Garfield County
Comprehensive Plan.
5. That for the above stated and other reasons the proposed Code Text Amendments
are in the best interest of the health, safety, convenience, order, prosperity, and
welfare of the citizens of Garfield County.
Exhibit 2
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-22 3-403. USE TABLE. Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RMHP CL CG I PL RL P RL E RL TS RL GS AGRICULTURAL AND ANIMAL-RELATED USES General Agriculture P P ● P P P P EXEMPT Agritourism P P ● P P P P EXEMPT Building or Structure Necessary to Agricultural Operations, Accessory P P ● P P EXEMPT Forestry P P ● P P P P EXEMPT Products Processing, Storage, Distribution, and Sale Off-Site A L L L ● P P P P At Point of Production P P P P P P P ● P P P P EXEMPT Animals and Related Services Animal Sanctuary P ● P P 7-601 Animal Processing M M M ● 7-602 Feedlot, Commercial M M ● M Kennel, Small L M L L A ● L L 7-603 Kennel, Large M L L A ● L L 7-603 Riding Stable P P ● P P Veterinary Clinic A A L L A ● L 7-604 RESIDENTIAL USES Household Living Dwelling, Single-Unit (per legal lot) P P P P P P ● P P Dwelling, 2-Unit A A A A A A ● Dwelling, Multi-Unit L L A L L L L ● Dwelling Unit, Accessory P P P P P P P ● P P P P 7-701 Exhibit 5
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-25 Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RMHP CL CG I PL RL P RL E RL TS RL GS Brewery, Winery, Cidery, Distillery L P P P ● L Optional Premises Cultivation Operation M M M 2 7-903 Retail, General A A A A P P P ● Retail, Equipment, Machinery, Lumber Yards P P P ● P P P P Retail, Vehicle and Equipment Sales M P P P ● Bulk Sales of LPG and CNG L L L L L L Recreation and Entertainment Golf Course/Driving Range A A A A A ● A Theater, Indoor P P A ● Motor Sports Center M M M M ● L L Recreation, Indoor L M M M P P A ● Recreation, Outdoor L M M M M M L L L L L L Shooting Gallery/Range L M M M M M L L M M M M 7-904 Services Crematorium M L L L ● Eating or Drinking Establishment L L L L P P P ● A A General Service Establishment L P P P ● Laundromat A L L L P P P ● Laundry or Dry-Cleaning Plant L L L ● Mortuary M L L L ● Vehicles and Equipment Car Wash M A A A ● Parking Lot or Parking Garage L L L L A A A ● Repair, Body /Paint, or Upholstery Shop A P P P ● 2 Refer to the Federal Government for the laws and policies in regards to cultivation operations for Medical Marijuana.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-26 Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RMHP CL CG I PL RL P RL E RL TS RL GS Visitor Accommodation Campground/ RV Park M M M L L L M 7-905 Small Camping Facility A ● A A 7-906 Lodging Facilities L L L L P P L ● A A INDUSTRIAL USES Extraction Compressor/Pipeline Pump Station (Not Subject to Article 9) L L L ● L L L L 7-1001 Compressor, Booster A A A A A A A ● P P P P Gravel Operation M M L L L L L 7-1001, 7-1002 Mining Operation This use is subject to 1041 Regulations as Described in Article 14 of the Land Use and Development Code Hydraulic Fracturing, Remote Surface Facility P P P P P P P ● P P P P EXEMPT Injection Well, Piped P A P ● P P P P 7-1001 Injection Well, Small A A P ● P P P P 7-1001 Injection Well, Large L L ● P P P P 7-1001 Oil and Gas Drilling and Production P P P P P P P ● P P P P EXEMPT Service Contractor’s Yard, Small A P P P ● A A A A 7-1001 Contractor’s Yard, Large M P P P ● L L L 7-1001 Material Handling L L L ● A A A A 7-1001 Processing L L L L ● A L A A 7-1001 Processing, Accessory (Batch Plant) L L L L ● A A 7-1001 Processing, Temporary A A A A ● A A 7-1001
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-8 Table 4-102: Common Review Procedures and Required Notice Section 4-101. A B C D E F G H I Required Notice Applicable Review Procedure Pre-App.
Conference
Completeness
Referral Agency
Director Evaluation
Notice
Recommendation
Decision
Duration/Expiration
Extension
Published
Mailed
Posted Additional Requirements BOA Board of Adjustments BOCC Board of County Commissioners D Director PC Planning Commission 4-120 Deviation from Dimensional Standards Requirement of Notice to be determined by the Community Development Director Exhibit 6
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-24
particular case.
7. If applicable, the request would be consistent with the Comprehensive Plan
future land use designation and with the general purpose and intent of the
zoning district in which the accommodation would be located.
8. The requested accommodation will not substantially affect the physical
attributes of the property.
4-120. DEVIATION FROM DIMENSIONAL STANDARDS
A. Overview
An applicant is able to request a Deviation of up to 20% of the Dimensional
Standards of this Code as outlined in Section 3-201.
B. Review Process
Applications for a Dimensional Waiver shall be processed according to Table 4-
102 Common Review Procedures and Required Notice with the following
modifications.
1. Notice shall only be required if the Director determines that the proposed
waiver has the potential for a negative impact on surrounding property
owners. This determination shall be made at the time of the issuance of
the Pre-Application Conference Summary.
a. If Notice is required, the applicant shall provide mailed notice via
certified letter to adjacent property owners at least 15-days prior
to the Director’s Decision.
2. The application may either be approved, approved with conditions, or
denied.
3. The Director’s Decision may be called-up to the Board of County
Commissioners pursuant to section 4-112 of the Land Use and
Development Code.
C. Review Criteria: The Community Development Director shall consider the
following criteria to determine whether a deviation request shall be approved.
1. The situation giving rise to the need for deviation is preexisting
nonconforming and/or was created by the original plat or by the street
location; the existence of the situation creates practical difficulties for
development.
2. There are existing trees or other natural areas that will be damaged or
destroyed in order to meet the standards.
3. There are preexisting, unique physical characteristics of the
development site that create practical difficulties for development.
4. The deviation will allow for a more energy-efficient project design.
5. The deviation allows the development to better incorporate existing
buildings, trees, topographic features, or other existing elements.
6. If granted the deviation is consistent with the character of the
surrounding area.
7. The deviation does not have a significant negative impact on
surrounding properties.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-26 Table 4-201: Application Submittal Requirements Section 4-203. B C D E F G H I J K L M N O Written Narrative/ Additional Submissions General Application Materials
Vicinity Map
Site Plan
Grading and Drainage Plan
Landscape Plan
Impact Analysis
Rezoning Justification Report
Statement of Appeal
Development Agreement 1
Improvements Agreement 2
Traffic Study
Water Supply/Distribution Plan
Wastewater Man./treat Plan
Floodplain Analysis
Affordable Housing Plan3 Section Application Type 4-103 Administrative Review Demonstration of Compliance with Section 7-107. 4-104 Limited Impact Review Demonstration of Compliance with Section 7-107. 4-105 Major Impact Review Demonstration of Compliance with Section 7-107. 4-106 Amendment to an Approved LUCP Amendment Description, subject to Minor or Substantial Modification determination per section 4-106. 4-107 Minor Temporary Housing Facility See Section 4-301 for additional submittal requirements. 4-108 Vacation of a County Road or Public ROW See Section 4-302 for additional submittal requirements. 4-109 Development in 100-Year Floodplain 4-110 Develop. 100-Year Floodplain Variance Statement of request and response to standards. 4-111 Location and Extent Review Demonstration of general conformance with the Comp. Plan and compliance with any applicable IGAs. 4-112 Call-Up to the BOCC Application materials as determined by Director. 4-113 Rezoning Legal description of property. 4-114 Code Text Amendment Written description of amendment and justification. 4-115 Variance Statement of request and response to standards. 4-116 Administrative Interpretation 4-117 Administrative Interpretation Appeal. 4-118 Waiver of Standards Submitted with companion application or determined by Director for Waiver of Standard for By Right Use.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-27 Table 4-201: Application Submittal Requirements Section 4-203. B C D E F G H I J K L M N O Written Narrative/ Additional Submissions General Application Materials
Vicinity Map
Site Plan
Grading and Drainage Plan
Landscape Plan
Impact Analysis
Rezoning Justification Report
Statement of Appeal
Development Agreement 1
Improvements Agreement 2
Traffic Study
Water Supply/Distribution Plan
Wastewater Man./treat Plan
Floodplain Analysis
Affordable Housing Plan3 Section Application Type 4-119 Accommodation, Federal Fair Housing Act 4-120 Deviation from Dimensional Standards Additional submittal items to be determined by Director. 1 A development agreement will be required for any project for which the Applicant is requesting a vested rights period longer than 3 years. 2 An improvements agreement may be required for any project for which public improvements are necessary. 3 If required - pursuant to Article 8
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-8
3. Further divisions of the lots created through the Minor Subdivision process
shall be processed as Major Subdivisions.
4. Use of the Minor Subdivision process does not prevent the subsequent use
of a RLDE pursuant to section 5-203.
B. Review Process.
A Minor Subdivision application shall be reviewed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103.
C. Review Criteria.
In considering a Minor Subdivision application, the application shall demonstrate the
following:
1. It complies with the requirements of the applicable zone district and this
Code, including Standards in Article 7, Divisions 1, 2, 3 and 4.
2. It is in general conformance with the Comprehensive Plan.
3. Shows satisfactory evidence of a legal, physical, adequate, and
dependable water supply for each lot.
4. Satisfactory evidence of adequate and legal access has been provided.
5. Any necessary easements including, but not limited to, drainage, irrigation,
utility, road, and water service have been obtained.
6. The proposed Subdivision has the ability to provide an adequate sewage
disposal system.
7. Hazards identified on the property such as, but not limited to, fire, flood,
steep slopes, rockfall and poor soils, shall be mitigated, to the extent
practicable.
8. Information on the estimated probable construction costs and proposed
method of financing for roads, water distribution systems, collection
systems, storm drainage facilities and other such utilities have been
provided.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer’s Office.
10. All fees, including road impact and school land dedication fees, shall be
paid.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat.
5-302. MAJOR SUBDIVISION REVIEW.
A. Overview.
Applications for a Major Subdivision shall be processed according to Table 5-103 and
consistent with the following procedures:
B. Sketch Plan Review.
1. Overview. The Sketch Plan Review is an optional process intended to
provide for a conceptual by the Planning Commission and/or the Board of
County Commissioners regarding review at a conceptual level the
feasibility and design characteristics of the proposed division of land.
2. Review Process. A Sketch Plan shall be processed according to Table 5-
103 with the following modifications:
Exhibit 7
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-9
a. The Planning Commission. The Planning Commission’s comments
and recommendations are not binding.The Planning Commission
and/or the Board of County Commissioners may conduct a
conceptual review of te proposal. The comments and
recommendations from the Planning Commission and/or the Board
of County Commissioners are not binding and no formal motion
from the reviewing body is needed to conclude the Sketch Plan
process.
a. The Director shall provide the Applicant with written notice of the
Planning Commission’s Conceptual Review comments and
recommendations within 10 days of the date of the review.
3. Review Criteria. In considering a Sketch Plan proposal, the following shall
be considered:
a. Feasibility and design characteristics based upon compliance with
the applicable standards; and
b. General conformance with the Comprehensive Plan.
C. Preliminary Plan Review.
1. Overview. The Preliminary Plan Review will review the feasibility and
design characteristics of the proposed land division as well as evaluate
preliminary engineering design.
2. Review Process. Preliminary Plan Review shall be processed according
to Table 5-103.
3. Review Criteria. A Preliminary Plan application shall meet the following
criteria:
a. Compliance with the Article 7, Division 1, General Approval
Standards;
b. Compliance with the Article 7, Division 2, General Resource
Protection Standards;
c. Compliance with applicable Article 7, Division 3, Site Planning and
Development Standards;
d. Compliance with applicable Article 7, Division 4, Subdivision
Standards and Design Specifications; and
e. Any other applicable standard.
D. Final Plan/Plat Review.
1. Overview. The Applicant must receive Preliminary Plan approval before
requesting a Final Plan/Plat.
2. Review Process. Applications for Final Plan/Plat shall be processed
according to Table 5-103.
3. Review Criteria. An application for Final Plan/Plat shall meet the following
criteria:
a. Comply with all conditions of Preliminary Plan approval;
b. Comply with the Final Plan required in section 5-402.E. and the
Final Plat in section 5-402.F.;
c. All taxes applicable to the land have been paid, as certified by the
County Treasurer.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-13
c. Determination by the BOCC. The Director shall have the discretion to
request the BOCC decide, in a Public Meeting, whether a modification
is Minor or Substantial.
C. Review Criteria.
Minor Modifications to Preliminary Plans are those that deviate from standards or
rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage
facilities, utilities, or other site improvements in an approved Preliminary Plan, and that
meet all of the following criteria as applicable:
1. Comply with all requirements of this Code;
2. Do not conflict with the Comprehensive Plan;
3. Do not change the character of the development;
4. Do not alter the basic relationship of the development to adjacent property;
5. Do not change the uses permitted;
6. Do not require amendment or abandonment of any easements or rights-of-
way;
7. Do not increase the density;
8. Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201; and
9. Do not decrease the amount of the following to an amount below the
minimum required in the applicable zone district:
a. Amount of dedicated Open Space;
b. The size of or change in the locations, lighting, or orientation of
originally approved signs; and
c. Any zone district dimensions in Table 3-201
5-305. AMENDED FINAL PLAT REVIEW.
A. Overview.
This process shall be used to modify a Plat such as, but not limited to, modifying Lot Lines,
Building Envelopes, easement locations, or other interests.
B. Review Process.
An application for an Amended Final Plat shall be processed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103, with the following modification:
1. The Amended Final Plat shall be presented to the BOCC for signature, prior
to recording with the County Clerk and Recorder.
C. Review Criteria
An application for an Amended Final Plat shall meet the following criteria:
1. Does not increase the number of lots; and
2. Does not result in a major relocation of a road or add any new roads; or
3. Will correct technical errors such as surveying or drafting errors.
5-306. COMMON INTEREST COMMUNITY SUBDIVISION REVIEW.
A. Overview.
The subdivision of land for Condominiums and planned communities, such as
townhouses, defined as Common Interest Communities in the Colorado Common Interest
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-14
Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101, et seq., shall require approval of the
Plats and maps described in C.R.S. § 38-33.3-209, along with approval of the declaration
defined in CCIOA.
B. Review Process.
An application for a Common Interest Community Subdivision Final Plat shall be
processed according to section 4-103, Administrative Review, and consistent with Table
5-103.
C. Review Criteria.
An application for a Common Interest Community Subdivision shall meet the following
criteria:
1. The Common Interest Community is consistent with zone district
regulations, including:
a. The total common area and individual lot area of the whole project,
divided by the total number of units, meets the minimum Lot Size
requirements of the zone district.
b.a. A project within a PUD complies with the zoning outlined in the PUD
designations.
2. If applicable, the Condominium, townhouse, or other Common Interest
Community declaration and bylaws make adequate provision for the
maintenance of common area elements.
3. An improvements agreement has been signed and submitted by the
Applicant, and an adequate financial guarantee for improvements has been
posted or will be posted prior to approval.
4. The lot in which the Common Interest Community is located was approved
and platted as part of a Subdivision that meets the requirements of this
Code or that meets the requirements in Article 7, Division 1, 2, and 3.
5. Adequate easements for water, sewer, utilities, and access have been
provided.
6. If applicable, an acceptable party wall agreement has been recorded.
7. Common Interest Community Plat meets the requirements per section 5-
402.F., Final Plat, and adequately shows the location and dimensions of
the vertical boundaries of each unit; the horizontal boundaries, if included;
and the identifying number of each unit, along with the location and
dimension of common elements and limited common elements, all as
defined in the declaration.
8. All taxes applicable to the land have been paid, as certified by the County
Treasurer’s Office.
5-307. VACATING A FINAL SUBDIVISION OR SUBDIVISION EXEMPTION PLAT.
The plat vacation process is for the purposes of eliminating the subdivision of property as reflected
by a previously recorded Final Subdivision or Subdivision Exemption Plat. This process may be
necessary where a property owner wishes to return the subdivision lots reflected on a recorded
plat to a single parcel of land, or to eliminate an obsolete subdivision in which lots do not meet
current subdivision requirements including lot size, environmental conditions or provision of
adequate infrastructure.
7-47
7-905. CAMPGROUND/RECREATIONAL VEHICLE PARK.
All Recreational Vehicle spaces shall abut upon a driveway, graded for drainage, and
maintained in a rut- and dust-free condition, which provides unobstructed access to a public
right-of-way. The minimum unobstructed width of such driveways shall be 15 feet for 1-way
traffic or 25 feet for 2-way traffic. No parking shall be permitted on the driveways.
7-906. SMALL CAMPING FACILITY
A. Setbacks
1. All Small Camping Facilities and associated activities must be located at a
minimum of 200’ from the nearest property line.
2. The application shall comply with Waterbody Setbacks as detailed in Section
7-203.
B. Passenger Vehicles
Two passenger vehicles shall be permitted per tent pad site or Recreational
Vehicle Space.
C. Recreational Vehicles
One Recreational Vehicle is permitted per Recreational Vehicle space.
D. Operational Timeframes
A Small Camping Facility is only permitted to operate between May 1 st and
November 30th.
E. Property Size
A Small Camping Facility is only permitted on a property with an area of 10-acres
or greater.
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES.
7-1001. INDUSTRIAL USE.
These standards shall apply to all industrial uses:
A. Residential Subdivisions.
Industrial uses shall not occupy a lot in a platted residential Subdivision.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property, or located
within a building. At a minimum, required setbacks as identified in Table 3-201 shall
apply.
C. Concealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed
building or have adequate provisions, based on location and topography, to conceal and
screen the facility and/or operations from adjacent property(s).
Exhibit 8
7-48
D. Storing.
1. Materials shall be stored on the property in a form or manner that will not
be transferred off the property by any reasonably foreseeable natural
cause or force.
2. All products shall be stored in compliance with all national, State, and
local codes.
3. Shall be a minimum of 100 feet from an adjacent property line or located
entirely within a building.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
E. Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and
other hazardous materials including wastes shall be stored according to the
manufacturer’s standards and shall comply with the national, State, and local fire codes
and written recommendations from the appropriate local fire protection district.
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25,
unless the use is regulated by the COGCC. In this case, the use shall be subject to
COGCC rules in regard to noise abatement.
G. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of the
property.
H. Hours of Operation.
Any activity that will generate noise, odors, or glare beyond the property boundaries will
be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or
as approved by the decision-making authority.
I. Interference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
substantially interfere with the existing use of adjoining property or that constitutes a
public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective
painting of storage tanks, or other legal requirements for safety or air pollution control
measures, shall be exempted from this provision.
7-1002. GRAVEL OPERATION.
A. Water Quantity and Quality Impacts/Floodplain Impacts.
Every application for gravel extraction shall address the following:
1. No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has
been adequately designed to handle the storage of flammable or
explosive solids or gases and that the methods comply with the national,
State, and local fire codes.
2. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
7-55
DIVISION 11. ADDITIONAL STANDARDS FOR UTILITIES.
7-1101. SOLAR ENERGY SYSTEMS.
A. Signage.
All Solar Energy Systems must install signage warning of electrical shock around the
perimeter of the system.
B. Solar Energy Systems, Accessory.
These additional standards apply to Accessory Solar Energy Systems:
1. Building-Mounted System:
a. The Solar Energy System components must be mounted as flush
to the roof or structure as practicable.
b. The building-mounted Solar Energy System may not exceed the
roofline for pitched roofs.
c. Solar collectors installed on flat roofs may be raised up to 6 feet
above the height of the building and shall have a 3-foot setback
from the edge of the roof.
2. Ground-mounted System:
a. A ground-mounted system must meet the minimum setbacks of
the zone district and shall be located fully within the Building
Envelope, if a Building Envelope exists.
b. The height of the Solar Energy System shall not exceed 15 feet.
c. The total area of the ground-mounted Solar Energy System shall
not exceed 10% percent of the lot’s gross area.
d. Size of the system(s) is limited to less than a combined 1525kW-
rated nameplate DC capacity to include equivalent kW
measurement of energy for systems other than photovoltaics.
7-1102. TELECOMMUNICATIONS FACILITIES.
A. New Towers and Facilities.
To gain approval to construct a new transmission tower or facility, the Applicant must
demonstrate that:
1. The proposed tower or facility has sufficient structural strength or space
available to support the Applicant’s Telecommunication Facility and
related equipment; and
2. The proposed tower or facility will not cause unreasonable
electromagnetic or other interference with the antennas on existing
towers, structures, or utility structures; or
3. No owner of existing towers, structures, or utility structures, within a
distance that meets the Applicant’s engineering requirements, will allow
the Applicant to place its tower or facility thereon.
B. Structural and Engineering Standards.
The Applicant shall submit evidence concerning structural and engineering standards
prepared by a qualified professional engineer. The safety of the property and the
neighborhood shall be protected.
C. Public Utility Structures.
Towers or facilities that are proposed to be mounted on existing structures of public
utilities that have a franchise or other written permission from the County and use-
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-1
ARTICLE 8: INCLUSIONARY ZONING FOR
HOUSING
DIVISION 1. GENERAL PROVISIONS
8-101. FINDINGS AND PURPOSE.
A. Findings.
The BOCC finds that an adequate supply of Affordable Housing in the County is
essential and necessary to preserve and maintain the health, welfare, safety, and quality
of life for residents of Garfield County.
1. An adequate supply of housing that is affordable to the local labor force is
necessary for the local economy to remain stable and to grow in a healthy
manner.
2. New development creates demand for workers in construction,
maintenance, services, and retail sales, increasing the demand for
Affordable Housing.
3. New development shall be required to provide Affordable Housing that
mitigates the impacts that are attributable to such development in areas
designated by the County, where Affordable Housing has become limited
and problematic for adequate workforce housing.
B. Purpose.
The purpose of this Article is to ensure that the housing needs of all economic segments
of the community will be met. New development shall be required to contribute to the
Affordable Housing supply in the County, as reasonable and appropriate with
consideration to the development’s impact on the supply of Affordable Housing available
to the local labor force.
8-102. APPLICABILITY.
These requirements apply to all residential Subdivisions and applications for Land Use Change
Permits proposing 15 or more lots, units, or a combination of lots and units located within Area
1, shown in Figure 8-1.
Exhibit 9
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-2
Figure 8:1: Map Showing Area 1
DIVISION 2. APPLICATION AND REVIEW PROCEDURES
8-201. APPLICATION SUBMITTAL REQUIREMENTS.
The Applicant shall submit the following materials for a Subdivision or a Land Use Change
Permit that requires Affordable Housing.
A. Affordable Housing Plan and Agreement.
The Applicant shall submit an “Affordable Housing Plan” that includes the following
provisions.
1. The proposed location of the Affordable Housing Units.
2. The proposed number and unit mix of Affordable Housing Units based
upon the provisions of section 8-301, Number and Unit Mix.
3. The proposed schedule for construction and completion of the Affordable
Housing Units in relation to the proposed construction and completion of
the overall development.
4. The proposed breakdown of Affordable Housing Units by category, based
on provisions of section 8-301.B., Unit Mix and Minimum Bedroom
Requirement, including the proposed Lot Size and square footage size of
each unit.
5. The proposed calculations for HOA dues as set forth in section 8-302.B.5.
6. The proposed form of Deed Restriction and any other documents
necessary to comply with the requirements of this Article.
7. Any rental housing proposal will require the Applicant to propose
additional guidelines not codified herein. Such guidelines at a minimum
must address details for administration and on-going affordability. The
proposed guidelines are subject to BOCC approval.
8. The proposed method of financial security to ensure construction of the
Affordable Housing Units, such as:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-3
a. A bond or other security acceptable to the BOCC, in an amount
acceptable to the BOCC to ensure the required number of
Affordable Housing Units are constructed.
b. Provisions in the adopted Affordable Housing Plan that require
Building Permits for 10 free-market houses may only be issued
after a Building Permit for 1 Affordable Housing Unit has been
issued.
c. Another method of securing construction of the Affordable
Housing units acceptable to the BOCC.
9. If the Applicant proposes to locate some or all of the Affordable Housing
Units off-site, the plan for off-site location and justification therefor.
10. The proposal for compliance with all provisions of the Inclusionary Zoning
Guidelines, Division 4 in this document, as maintained by the Garfield
County Housing Authority (GCHA) or other Approved Affordable Housing
Entity (AAHE).
8-202. REVIEW AND APPROVAL PROCEDURES.
The Affordable Housing Plan shall be reviewed by the Director and the GCHA or other AAHE.
The Affordable Housing Plan approved at Preliminary Plan or as part of the Land Use Change
Permit shall become the “Affordable Housing Agreement” between the County, the Applicant,
and the GCHA or other AAHE, which agreement will be adopted and recorded in conjunction
with a Final Plat or Land Use Change Permit approval by the BOCC.
DIVISION 3. CRITERIA FOR DEVELOPMENT OF AFFORDABLE HOUSING UNITS.
8-301. NUMBER AND UNIT MIX.
A. Number of Units Required.
In a Subdivision project required to provide Affordable Housing, 10% of the lots or units
proposed in the development shall be developed with Affordable Housing Units. In
computing this requirement, any fraction of a unit lot above .50 will be rounded up and
any fraction of a unit lot .49 or less will be rounded down.
B. Unit Mix and Minimum Bedroom Requirement.
The Applicant shall propose the mix of housing types. The Affordable Housing Units
shall closely mirror the market rate units and shall be of comparable quality with similar
fixtures (e.g. dishwashers, disposals, air conditioning, and energy efficient windows) to
market rate units. In addition, the units shall meet the following requirements:
1. The approved mix will provide the minimum number of bedrooms required
based upon the following formula:
a. Multiply the number of Affordable Housing Units required by 2.6 (the
average number of persons in a household) then,
b. Divide the result by 1.5 (the U.S. Department of Housing and
Development criteria of person per bedroom).
c. The resulting number is the minimum required number of bedrooms
that must be disbursed across the required Affordable Housing Units.
2. Any proposal for a unit with 4 or more bedrooms may be approved, but
only after a special review to determine a need.
3. Any fractional Affordable Housing Units created by the above formulas
will be rounded up to the next highest number.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-4
4. The following minimum square footage requirements shall be met, with
only finished square footage being counted, excluding garages, carports,
and unfinished Basement space:
Unit Type Minimum Size
Studio 500
1 Bedroom 700
2 Bedroom 950
3 Bedroom 1,200
Single-Family, detached 1,400
8-302. PRICING OF UNITS.
A. Area Median Income Categories Required.
The average price for all Affordable Housing Units shall be dispersed over a range of the
Area Median Income (AMI) levels for low and moderate income families as published
annually by HUD for Garfield County. Applicant shall provide Affordable Housing Units
in the following 3 categories, in accordance with the distribution described below:
1. Category I. 20% of required units must be in Category I;
a. Units priced to 70% AMI;
b. Units sold to 80% AMI households or less;
2. Category II. 40% of required units must be in Category II;
a. Units priced to 90% AMI;
b. Units sold to 100% AMI households or less;
3. Category III. 40% of required units must be in Category III;
a. Units priced to 110% AMI;
b. Units sold to 120% AMI households or less.
4. Exceptions:
a. If 3 or fewer Affordable Housing Units are required by this Article,
then the first unit required will be a Category II unit and the second
unit required will be a Category III unit and the third unit will be a
Category I unit.
b. If the number of Affordable Housing Units required by this Article
results in a fraction when multiplied by 40% or 20% (see required
distribution of units above), then the Applicant must provide the
greatest number of Affordable Housing Units as Category II units,
followed by Category III, and lastly Category I. For example, if 16
Affordable Housing Units are required, then 40% of 16 results in
6.4 required Category II units. The Applicant should then provide
7 Category II units, 6 Category III units and 3 Category I units.
B. Initial Sales Price.
The initial sales price for each Affordable Housing Unit shall be calculated by the GCHA
and the BOCC based on the following assumptions:
1. Principle, interest, mortgage insurance, taxes, homeowners insurance,
and Homeowner Association dues not to exceed 33% of gross monthly
household income based on family size determined by the chart below.
80% of that amount is estimated for principle and interest and 20% is
estimated for mortgage insurance, taxes, homeowners insurance, and
Homeowner Association dues. If actual costs are available, they may be
used in lieu of this 80:20 ratio.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-4
packaging, milling, or storing of products which are intended for direct human or animal
consumption or use.
Agricultural Products, Processing, Storage, Distribution, and Sale at Point of Production.
Establishments performing a variety of operations on crops after harvest and livestock after
slaughter, to prepare them for market or further processing and packaging or selling on site and
off. At a minimum 20% of the product that is processed, stored, distributed, and/or sold must be
produced onsite.
Agricultural Products, Processing, Storage, Distribution, and Sale Off-Site. Centralized
establishments performing a variety of operations on crops after harvest and livestock after
slaughter, to prepare them for market or further processing and packaging at a distance from
the agricultural area. These facilities accept products from off-site locations for processing,
storage, and distribution.
Agritourism. An agriculturally based operation or activity at a working farm or ranch,
conducted for the enjoyment, education, or active involvement of visitors that adds to economic
viability of the agricultural operation. Agritourism activities are accessory to, and directly
supportive of the agricultural use on the property and shall not have significant impacts on the
agricultural viability or rural character of neighboring properties. Agritourism uses shall operate
between dawn and dusk and shall be limited to a maximum of 30 people visiting the property.
Aircraft Landing Strip, Private. A facility that accommodates use and servicing of private
aircraft.
Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land
and facilities used in connection with the aircraft landing or taking off from the strip of land
including, but not limited to, land and facilities used for existing Airport uses.
Airport Elevation. The highest point of an Airport’s usable Runway, measured in feet above
mean sea level.
Airport Hazard. Any structure, object of natural growth, or use of land that obstructs the
airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise
hazardous to such landing or taking off of aircraft.
Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are
established in relation to the Airport and its Runways. Imaginary areas are defined by the
Primary Surface, Runway Protection Zone, Approach Surface, Horizontal Surface, Conical
Surface, and Transitional Surface.
A. Approach Surface. A surface longitudinally centered on the extended Runway
centerline and extending outward and upward from each end of the Primary Surface.
Dimensions are defined by FAR Part 77. The Approach Surface is sometimes
designated as the “Approach Zone.”
B. Conical Surface. A surface extending outward and upward from the periphery
of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet.
C. Horizontal Surface. A horizontal plane 150 feet above the established Airport
elevation, the perimeter of which is constructed by swinging arcs of specified radii from
the center of each end of the Primary Surface of each Runway of each Airport and
Exhibit 10
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-7
Average Daily Traffic (ADT). The average number of 1-way vehicular trips that are generated
from a particular land use during a 24-hour period.
Bakery. A commercial establishment for the production of baked goods, primarily for sale to
other commercial establishments.
Base Flood. A flood having a 1% chance of being equaled or exceeded in any given year.
The term is used interchangeably with “intermediate regional flood,” “100-year flood,” and “1%-
chance flood.”
Base Flood Elevation. The elevation shown on a FEMA Flood Insurance Rate Map for
Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE
that indicates the water surface elevation resulting from a flood that has a 1 percent chance
of equaling or exceeding that level in any given year.
Basement. Any area of the building having its floor sub-grade (below ground level) on all
sides.
Batch Plant. A facility for mixing concrete or asphalt.
Bed and Breakfast. See “Lodging Facilities.”
Brewery/Winery/Cidery/Distillery. A facility for brewing, packaging, and distribution of
beer, mead, wine, cider, spirit and/or similar beverages.
Building. Any structure having a roof supported by columns or walls and intended for
supporting, enclosing, sheltering, or protecting any use or occupancy. The term “building” shall
include modular or prefabricated buildings that do not fall within the definition of Manufactured
Home.
Building, Accessory. A subordinate building located on the same lot as the principal building,
the use of which is incidental to the principal use. Unless otherwise specified in this Code, any
Accessory Building is subject to the minimum requirements of the zoning district in which it is
located.
Building Code. The Code adopted by the Board of County Commissioners that regulates
construction and alteration of structures and equipment intended to protect the public health,
safety, and welfare, as the same may be amended from time to time.
Building Envelope. The portion of a lot within which all structures are confined.
Building Footprint. The outline of the total area that is covered by a building’s perimeter at
ground level.
Building or Structure Necessary to Agricultural Operations, Accessory. Accessory
Buildings that are used to support agricultural operations. Examples include a barn, chicken
coop, storage shed for agricultural equipment, and indoor riding arena.
Building Permit. A permit which is issued by the Building Official prior to the erection,
construction, alteration, moving, relocation, or change of use of any building or structure.
Building Restriction Line. As it pertains to Article 14, a line that identifies suitable building
area locations.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-8
Bulk. The total volume of the structure, found by multiplying the square footage by the height.
Bulk Sales of LPG and CNG. Businesses that receive supplies from other sources and then
store, distribute, and/or sell liquefied petroleum gas and/or compressed natural gas.
Cabin. A structure with no more than 1200 square feet of gross floor area including unfinished
basements, for living, sleeping, eating or cooking; shall be occupied as a dwelling for no more
than 6 months within any calendar year for personal use; not to be used for commercial
purposes; One cabin is allowed per legally created lot so long as no other dwelling unit is on the
lot. All structures should comply with adopted Building Code requirements excluding ANSI
119.5 rated park trailers. Appropriate septic and electrical permits are required. Recreational
Vehicles are not permitted to be recreational cabins.
Campground/RV Park. A land parcel in single ownership that has been developed for
occupancy by guest-owned tents and Recreational Vehicles (RVs) on a temporary basis for
recreational purposes.
Camping Facility, Small. A facility that allows for up to four total tent pads and/or recreational
vehicle spaces on a limited basis.
Cave. Any naturally occurring void, cavity, recess, or system of interconnected passages
beneath the surface of the earth or within a cliff or ledge, including any cave resource therein,
and which is large enough to permit a person to enter, whether the entrance is excavated or
naturally formed. Such term shall include any natural pit, sinkhole, or other feature that is an
extension of a cave entrance or which is an integral part of the cave.
Cave resource. Any material or substance occurring in caves, including, but not limited to,
biotic, mineralogic, paleontological, geologic, hydrologic, or cultural resources.
Central Sewer System. See “Sewage Treatment Facility.”
Central Water (Distribution) System. A public water system that serves more than 1 service
connection used by year-round residents.
Cesspool. An underground reservoir for liquid waste.
Child Care Center. A facility licensed by the State department, by whatever name known, that
is maintained for the whole or part of a day, but less than 24 hours, for the care of 5 or more
children who are 18 years of age or younger and who are not related to the owner, operator, or
manager thereof, whether the facility is operated with or without compensation for such care
and with or without stated educational purposes. This includes residential child care facilities,
including community-based residential child care facilities, as defined in rule by the State board,
and psychiatric residential treatment facilities as defined in C.R.S. § 25.5-4-103 (19.5)
Church. See “Place of Worship.”
Colorado Medical Marijuana Code. C.R.S. § 12-43.3-101, et seq., and any regulations
promulgated thereunder.
Commercial Mineral Deposits. Oil, gas, gravel, and other natural deposits that may be
extracted from a property for economic benefit.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-32
Slope. Rise versus run ratio for a specified distance.
Solar Energy System, Accessory. A device and/or system that has a combined name plate
DC rating of less than 15 25 kilowatt and includes the equivalent kilowatt measurement of
energy for systems other than photovoltaic that converts the sun’s radiant energy into thermal,
chemical, mechanical, or electric energy.
Solar Energy System, Large. A device and/or system that has a combined name plate DC
rating of greater than 500 kilowatt and includes the equivalent kilowatt measurement of energy
for systems other than photovoltaic that converts the sun's radiant energy into thermal,
chemical, mechanical, or electric energy.
Solar Energy System, Small. A device and/or system that has a combined name plate DC
rating of 15 25 kilowatt to 500 kilowatt and includes the equivalent kilowatt measurement of
energy for systems other that photovoltaic that converts the sun’s radiant energy into thermal,
chemical, mechanical, or electrical energy.
Solid Waste. Any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant, air pollution control facility, or other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial operations, commercial
operations, or community activities. Solid waste does not include any solid or dissolved
materials in domestic sewage, agricultural wastes, solid, or dissolved materials in irrigation
return flows, or industrial discharges that are point sources subject to permits under the
provisions of the Colorado Water Quality Control Act, C.R.S., Title 25, Article 8, or materials
handled at facilities licensed pursuant to the provisions on Radiation Control Act, C.R.S., Title
25, Article 11,. Solid waste does not include: (a) materials handled at facilities licensed
pursuant to the provisions on radiation control in C.R.S., Title 25, Article 11; (b) excluded scrap
metal that is being recycled; or (c) shredded circuit boards that are being recycled.
Solid Waste Disposal. The storage, treatment, utilization, processing, or final disposal of
Solid Wastes.
Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit and
final treatment of solid wastes occur.
Solid Waste Transfer Facility. A facility at which wastes awaiting transportation to a Solid
Waste Disposal Site and Facility are transferred from 1 collection vehicle to another.
Special District. Quasi-municipal corporation established under State statute to provide public
facilities or services.
Special Flood Hazard Area. The land in the Floodplain within a community subject to a 1
percent or greater chance of flooding in any given year, i.e., the 100-year Floodplain.
Statement of Authority. An instrument executed on behalf of an entity that identifies the
name and position of the person authorized to convey, encumber, or otherwise affect title to real
property on behalf of the entity. The instrument must comply with the requirements set forth in
C.R.S. § 38-30-172(2)(d), and it must be recorded with the County Clerk and Recorder. The
County may accept other documentation identified in C.R.S. § 38-30-172 in lieu of a Statement
of Authority.
Station or Terminal. As it pertains to Article 14, a facility constructed to provide and facilitate
passenger access to and from airplanes or a rapid or mass transit system, including areas