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HomeMy WebLinkAboutR98-147 amending land use regulationsrr/ ") qu4o� Commissioner 0�, �& moved adoption of r the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 98 -_ IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS AS AMENDED TO ADOPT A REVISED CHAPTER I, AND TO ADOPT A REVISED CHAPTER II, ARTICLES 1 - 7 WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board ") , is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. X30 -28 -101, et sea., to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting *the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, pursuant thereto, and pursuant to the provisions of H30 -28 -116 and 133, the Board has adopted zoning and subdivision regulations; and WHEREAS, pursuant to Resolution No. 82 -26, the County's zoning, subdivision, building, individual sewage disposal system, areas and activities of state interest and road right -of -way regulations have been incorporated with into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R."); and WHEREAS, pursuant to the provisions of Section 1.15 of Chapter I of the L.U.R., the Board may amend its land use regulations by resolution; and GAKAW \C- DEV \AD0PT2.LUR 1 I I"�II "I�I "I'III "'ll I'I I'I' III'I"I III "I'I II'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 1 of 405 R 0.00 D 0.00 N 0.00 Eagle CO WHEREAS, pursuant to Section 1.15, the proposed amendment was referred to appropriate referral agencies for an advisory opinion, the Department of Community Development made a recommendation to the Eagle County Planning Commission and to the Roaring Fork Valley Regional Planning Commission, to the city clerks of the municipalities within Eagle County, to the Division of Planning of the Department of Local Affairs and to the Land Use Commission; and WHEREAS, the Eagle County Planning Commission held public hearings pursuant to advertised notice on the proposed amendments on July 14, 1998, and made a recommendation to the Board; and WHEREAS, the Roaring Fork Valley Regional Planning Commission held public hearings pursuant to advertised notice on the proposed amendments on July 2, and July 16, 1998, and made a recommendation to the Board; and WHEREAS, public hearings were held by the Board pursuant to advertised notice on the proposed amendments on July 27th, August 3rd, August 10th, September 1st, September 8th, September 15th, September 21st, October 13th, November 2nd, and November 23rd, 1998; and WHEREAS, the proposed amendment was available for public inspection in the Department of Community Development for thirty days before hearing by the Board; and WHEREAS, the Board desires to revise adopt a new Chapter II; Zoning and Subdivision Regulations, to replace the existing Chapter II, and to amend Chapter I, General Provisions, to conform therewith; and WHEREAS, it is the Board's opinion that conditions require this action; and WHEREAS, copies of the proposed amended Chapter I and new Chapter II of the L.U.R. is attached hereto, marked as Exhibits "I" and "II ", and incorporated herein by this reference; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: G: \KAW \C- DEV \ADOPT2.LUR 2 1IIII1I VIII "1'11111'11111 IN IIIIIIII 111 11111 IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 2 of 405 R 0.00 D 0.00 N 0.00 Eagle CO _,,j t THAT, the Board finds based upon the testimony and evidence presented during its public hearings that: (A) Section 1.15 of the L.U.R. has been complied with for the proposed amendments to Chapter I and the proposed new Chapter II of the L.U.R. (B) The proposed amendments are in conformance with the policies and regulations of the L.U.R. and the Eagle County Master Plan. THAT, pursuant to the authority granted to it by law and Section 1.15 of the L.U.R., the Board of County Commissioners adopts the amendments to Chapter I, General Provisions, of the Eagle County Land Use Regulations reflected in Exhibit "I" attached hereto, effective on January 1, 1999. THAT, pursuant to the authority granted to it by law and Section 1.15 of the L.U.R., the Board of County Commissioners adopts the new Chapter II, Zoning and Subdivision Regulations of the Eagle County Land Use Regulations set forth in Exhibit "II" attached hereto, effective on January 1 1999. THAT, through December 31, 1998, the Eagle County Land Use Regulations as existing as of this date shall remain in full force and effect; THAT, Chapters III (Building Resolution) , IV (Individual Sewage Disposal Systems), V (Road Cut Permit and Road Construction Permit Resolution) , and VI (Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado), shall remain in full force and effect, provided that any references therein to Chapters I and II of the Eagle County Land Use Regulations shall, on and after January 1, 1999, mean and refer to the successor provisions of the amendments to Chapter I and to the Chapter II adopted hereby. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. THAT, this Resolution shall be recorded in the records of the Eagle County Clerk and Recorder. G:\KAW \C- DEV \ADOPT2.LUR 3 u111111111 "1'111 11111111 IN IIIIIIIIIIIIII III 11111 IIII IN 678174 12/01/1998 04:43P 370 Sara Fisher 3 of 403 R 0.00 D 0.00 N 0.00 Eagle CO MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, St a of Colorado, at its regular meeting held the (30M day of n0/Y t,&_t , 1998. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS cC, t By. Clerk to tA Board of am E. Joh on, Jr., County Commissioners airman #Johnnette Phillips, ioner George . Gates, Commissioner Commissioner 6�' % seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Johnson Commissioner Phillips Commissioner Gates This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G: \KAW \C- DEV \ADOPT2.LUR 4 111111 111111111111 11'11 111 IN III'll') III "111'1'1 1111 678174 12/01/1998 04:43P 370 Sara Fisher 4 of 405 R 0.00 0 0.00 N 0.00 Eagle CO DISTRIBUTION Originals to: 1. Clerk & Recorder 2. Resolution Book 3, File # 4, cmiqi to: Atcountin.a n LAND USE REGULATIONS CHAPTER I EAGLE COUNTY, COLORADO 111111 11111 1111111 11111 11111 678174 12/01/1998 04:43P 6 of 406 R 0.00 D 0.00 N IIIIIIIIIIIIII (111111111111111 370 Sara Fisher 0.00 Eagle CO NOVEMBER, 1998 678174 12/01/1998 04:43P 370 Sara Fisher 6 of 408 R 0.00 D 0.00 N 0.00 Eagle CO CHAPTER 1 GENERAL PROVISIONS 1.01 INTRODUCTION These Regulations are divided into six major sections: Chapter I contains the purpose and authority of Eagle County to enact these Regulations, a brief discussion of the general provision of the various regulations, a section on enforcement and amendment procedures. Chapter II contains the Zoning and Subdivision Regulations. This Section addresses the permitted uses and densities allowable in the various zoning categories as well as the procedures required in order to subdivide real property. Chapter III contains the Building Resolution which sets forth the application of various building codes for construction within the County. Chapter IV includes regulations pertaining to individual sewage disposal systems which are designed at 2,000 gallons per day or less. Systems which exceed this capacity require permits from the State Department of Health. Chapter V contains regulations addressing construction within County rights -of -way. Chapter VI sets forth the activities and areas of State interest regulated by the County to include: 1) Site selection and construction of major new water and sanitation facilities. 2) Major extension of water and wastewater distribution lines. 3) Efficient utilization of municipal and industrial water projects. 4) Construction activities within floodplains. Taken as a whole, this document provides a comprehensive set of regulations to provide for orderly growth in Eagle County. Depending on the activity, one or more of the regulations may apply. Each Chapter will be available to purchase separately depending on the applicant's particular needs. Any questions which might arise concerning the application of these Regulations can be directed to the Department of Community Development. 878174 12/01/1998 04:43P 370 Sara Fisher 1.02 PURPOSES 7 of 403 R 0.00 D 0.00 N 0.00 Eagle CO This document provides a compendium of regulations which govern land use in the unincorporated areas of Eagle County. These Land Use Regulations are designed to promote the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of Eagle County in accordance with the Eagle County Master Plan, including the lessening of congestion and reducing the waste of excessive amounts of roads; promoting energy conservation; securing safety from fire, floodwater and other dangers; providing adequate light and air; classification of land uses and distribution of land development and utilization; protecting the tax base of the County; securing economy in governmental expenditures; fostering the County's agricultural, forestry, resort, business, mining, and other economic bases; protecting both urban and non -urban development; conserving the value of property and encouraging the most appropriate use of land. These Land Use Regulations are further intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government. This authority includes authority to prohibit, set conditions or require a permit for the establishment of any road authorized under the general right -of -way granted to the public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and development which may result in significant changes in population density; providing for phased development of services and facilities; regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 1.03 AUTHORITY Eagle County is authorized by law to regulate zoning, planning, subdivision of land, and building by virtue of Section 30 -28 -101 et seg., C.R.S., and Section 30 -28 -201 et sea., C.R.S., respectively, as amended; to regulate certain activities on and uses of land by Section 29 -20 -101 et sea., C.R.S., as amended; to designate and administer Areas and Activities of State Interest by Section 24- 65.1 -101 et se g. and Section 24 -32 -111, C.R.S.; to regulate planned unit developments by Section 24 -67 -104 et seo", C.R.S., as amended; 2 to regulate individual sewage disposal systems by Section _3 25 -10 -101 et sea., C.R.S., as amended; and to regulate construction activities within public ways by Section 30 -11 -107, C.R.S., as amended. Eagle County Board of County Commissioners have been given the authority through C.R.S. 30- 15- 401(1)(a)(V)(C) to adopt reasonable regulations for controlling pollution caused by wood smoke. (am. 11/25/91) 111111111111 II1111111111111 IN IIIIIIII 1111111111111111 878174 12/01/1998 04 :43P 370 Sara Fisher 1.04 TEMPORARY REGULATIONS 8 of 405 R 0.00 D 0.00 N 0.00 Eagle CO The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local distribution, advertising a public hearing to discuss the matter at hand requiring the temporary regulation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate in any part or all of the unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purposes. 1.05 INTERPRETATION In the interpretation and application of these Land Use Regulations, except Chapter II, the following criteria shall govern: 1) The burden of proof is upon the applicant to show full compliance with the purpose of these Land Use Regulations. 2) In their interpretation and application, the provisions of these Land Use Regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. These Regulations shall therefore be regarded as remedial and shall be liberally construed to further its underlying purposes. 3) whenever both a provision of these Land Use Regulations and any other provision of such Regulations, or any . provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of these Land Use Regulations shall be in conformity with all other provisions of law. 4) These Land Use Regulations are not intended to abrogate or annul any valid subdivision plats, easements, covenants, building permits, legally established lots, or uses established, approved and /or issued before the effective date of these Regulations. 1II111" III" 1' 111IIIIIIIIINIIIIIIIIIIIIIIIIINIIII 1.06 CONSTRUCTION 678174 12/01/1998 04:43P 370 Sara Fisher 9 of 405 R 0.00 D 0.00 N 0.00 Eagle CO The following six statements are rules regarding the construction of. language in these Land Use Regulations, except Chapter II: 1) The particular has precedence over the general statements. In the event of any conflict, inconsistency, or incongruity between the general provisions (Chapter I) of these Land Use Regulations and any provision contained in the remaining Chapters of these Land Use Regulations which set forth specific requirements for development (Chapters II -VI), the provisions within the applicable Chapter which sets forth specific requirements shall in all respects govern and control. 2) In case of any difference of meaning or implication between the text of these Land Use Regulations and captions for each section, the text shall control. 3) The word "shall" is always mandatory and not directory. The word "may" is permissive. 4) Words used in present tense include the future, unless the context clearly indicates the contrary. 5) Words used in the singular shall include the plural, unless the context clearly indicates the contrary. Words in one gender shall be deemed to include the other gender. 6) Any definition used in the applicable Colorado Statutes may be used in these Land Use Regulations and if the statutory definitions conflict, then the statutory definitions shall govern. 1.07 SEPARABILITY It is hereby declared to be the legislative intent that the several provisions of these Land Use Regulations shall be severable, in accordance with the provisions set forth below: M 1111111111111111111 !!1W II 111111111111 III 111111 III IIII 678174 12/01/1998 43P 370 Sara Fisher 10 of 405 R 0.00 .00 N 0.00 Eagle CO 1) If any provision of these Land Use Regulations is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that provision or provisions which arc expressly stated in the decision to be invalid; and b) Such decision shall not affect, impair, or nullify these Regulations as a whole or any other part thereof, but the rest of these Regulations shall continue in full force and effect. 2) If the application of any provision of these Land Use Regulations to any lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and b) Such decision shall not affect, impair or nullify these Regulations as a whole or the application of any provision thereof, to any other lot, building, other structure or tract of land. 1.08 REPEAL All prior Resolutions of the Eagle County Board of County Commissioners which are inconsistent with the provisions of these Land Use Regulations are hereby repealed to the extent of such inconsistency only. The repeal of any of the above - mentioned resolutions does not revive any other resolution or portion thereof repealed by said resolution, and such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution repealed hereby for an offense committed prior to the repeal. 1.09 ADMINISTRATION OVER PLATTING 1) All plans of improvements for public use and all plans, plats, plots, and replots of land laid out in subdivision or building lots and the roads, alleys, or other portions of the same, intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission and the County Commissioners for review and 5 subsequent approval, conditional approval, or disapproval. r_ It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the County Commissioners. 2) No changes, erasures, modifications, or revisions shall be made on the Final Plat after the approval by the County Commissioners without replatting. 1.10 PERMITS No permits of any kind Department, nor any of for the construction of any land to which these until the requirements 1.11 JURISDICTION shall be issued by the County Building her administrative office of the County, any building or other improvements upon Land Use Regulations apply unless and thereof have been met. These Land Use Regulations shall apply to all lands within the unincorporated territory of Eagle County. 1.12 TITLE These Land Use Regulations shall be referred to as the "Eagle County Land Use Regulations" or "Land Use Regulations." 1.13 EFFECTIVE DATE, FILING WITH COUNTY CLERK AND RECORDER 1) These Land Use Regulations shall become effective upon adoption by the Board of County Commissioners. 2) Upon adopt amendments shall file the County there made reasonable ion of these Land Use Regulations and any thereto, the Board of County Commissioners a certified copy of the same in the office of Clerk and Recorder which shall be kept and available for public inspection during times. In addition, a certified copy of these Land Use Regulations and any amendments thereto adopted by the Board of County Commissioners shall be certified to the County Clerk and Recorder for recording in the same manner as any other document relating to real property. 111111111111111111111111111 IN IIIIIIII III 111111 III 1111 678174 12/01/1998 04:43P 370 Sara Fisher 11 of 405 R 0.00 D 0.00 N 0.00 Eagle CO v� J 1.14 ENFORCEMENT I IIIIII "III "VIII "III III III' IIIIIIII III IIIIII III IIII 678174 12/01/1998 04:43P 370 Sara Fisher 1.14.01 Generally 12 of 406 R 0.00 D 0.00 N 0.00 Eagle CO 1) The Board shall provide for the enforcement of the zoning or supplementary regulations by means of withholding off building permits. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by such zoning or general regulations without obtaining a building permit from the County Building Inspector, (see Chapters II -VI for specific exemptions to the respective Regulations). Such Building Inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning and general regulations then in effect. 2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, any zoning or general regulations of these .Land Use Regulations, or any amendments thereto, (see Chapters II -VI for specific exemptions). Any person, firm, or corporation violating any such regulation, provision, or amendment is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $100, or by imprisonment in the County Jail for not more than ten days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used, in violation of any such regulation then the Board of County Commissioners by and through its County Attorney, or any owner of real estate within the district in which such building, structure or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use. 3) The Zoning Administrator, or authorized representative, is authorized to enter upon private property for the purpose of administering these Land Use Regulations. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such survey or inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order authorizing entry. If a 7 11111111111 IIIIIII II'" 411 IN IIIIIIII III 111111111 1111 878174 12/01/1998 u.?43P 370 Sara Fisher 13 of 405 R 0.00 D 0.00 N 0.00 Eagle CO violation shall be found to exist, the Zoning Administrator, or authorized representative, shall give written notice to the violator to correct such violation within thirty (30) days after the date of such notice. Should the violator fail to correct the violation within such thirty (30) day period, the Eagle County Zoning Administrator, or authorized representative, may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in County Court at a definite time and place stated therein to answer and defend the charge. One copy of said summons and complaint shall be served upon the violator by the County Sheriff in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the Sheriff and the Eagle County Department of Community Development, and one copy shall be transmitted by the Sheriff to the Clerk of the County Court. Notwithstanding the foregoing, the issuance of a written notice as specified in the paragraph next above shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings set forth herein; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of these Land Use J Regulations in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as matter in mitigation and extenuation. 4) The County Attorney's office is hereby authorized to enforce the provisions of this Section on behalf of the Board of County Commissioners. 1.14.04 Building Violations 1) The County Building Official or his designated representative is authorized to administer and enforce the County Building Code set forth in Chapter III of these Land Use Regulations. It shall be unlawful to erect, construct, reconstruct, alter or remodel any structure, dwelling, or building in the designated area without first obtaining a building permit from the County Building Official or his designated representative except when expressly exempt from the Eagle County Building Resolution as found in Chapter III. The County Building Official or his designated representative shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the County Building D 111111 IIIII IIIIII1 IIh J IIII IIIIIIII III IIIIII III IIII Code. 678174 12/01/1998 04:43P 370 Sara Fisher - -, 14 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 2) Any violation of the County Building Code shall be deemed a nuisance. 3) Any person who violates the provisions of the County Building Code is liable upon conviction of a fine of not more than $100, or by imprisonment in the County Sail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. 4) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in violation of the provisions of the County Building Code, the Board of County Commissioners by and through its County Attorney, the District Attorney, or any owner of real estate within the area, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. 1.14.05 Individual Sewage Disposal Systems 1) For the purpose of administering and enforcing the Individual Sewage Disposal Regulations set forth in Chapter IV of the Land Use Regulations, the County Environmental Health Officer or his designated representative is authorized to enter upon private property for the purpose of determining whether or not sewage disposal system shall give the Health Officer free access, after the Health Officer has given reasonable notice, to the property for such survey or inspection. If access is denied, the Health Officer may apply to the District Court of Eagle County for an order authorizing entry. 2) Whenever the Health Officer or his designated representative determines that there has been a violation of any provision of these Regulations, he shall give notice of such violation to the responsible person or persons. Such notice shall be in writing, and shall particularize the violation(s), provide a reasonable time for correction, and be addressed to the owner and occupant or the property concerned. Service of such notice shall be provided by the Colorado Rules of Civil Procedure, or by registered or certified mail, return receipt requested, deliverable to addressee only. Service by mail shall be 0 1 111111 IIIII 1111111 Illlia' IIII IIIIIIII III 111111 III IN 878174 12/01/1998 0h _.JP 370 Sara Fisher 15 of 403 R 0.00 D 0.00 N 0.00 Eagle CO complete upon receipt by the Environmental Health Office __ of the return receipt. If one or more persons cannot be found or served after a diligent effort to do so, service may be made by posting a notice in a conspicuous place in or about the property affected by the notice, in which case the County Environmental Health Officer shall include in the record a statement as to why the posting was necessary. 3) The County Environmental Health Officer may issue an order to cease and desist from the use of any system which is found by the Health Officer not to be functioning in compliance with the Individual Sewage Disposal Regulations or which otherwise constitutes a nuisance to public health and which has not received the timely repairs in accordance with the provisions of paragraph (2) next above. Such an order may be issued only after a hearing which shall be conducted by the Health Officer not less than 48 hours after written notice is given to the owner or occupant of the property on which the system is located and at which the owner and occupant may be present, with counsel, and be heard. The order shall require that the owner or occupant bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty (30) days, or thereafter cease and desist from the use of the system. 4) General Prohibitions The following provisions specify general prohibitions and are set forth for ease of reference but not as guidelines herein: a) No city or town in Eagle County shall issue to any person a permit to construct or remodel a building or structure which is not serviced by a sewage treatment works, until a permit for an individual sewage disposal system has been issued by the Eagle County Environmental Health Department. b) No city or town occupancy permit shall be issued to any person for the use of a building which is not serviced by a sewage treatment works until a final inspection of the individual sewage disposal system has been issued by the Eagle County Environmental Health Department, and the installation has received the approval of same. c) No individual sewage disposal system presently in use which does not comply with the provisions of Chapter IV regarding minimum separation between the maximum seasonal level of the groundwater table and the bottom of an absorption system shall be permitted to remain in use after October 1, 1975, without compliance with Chapter 4. E[t, 111111111111111111111111 11131111111111111111111111111111 ? 678174 12/01/1998 E P 370 Sara Fisher 16 of 405 R 0.00 D 0.00 N 0.00 Eagle CO d) Construction of cesspools defined as covered underground receptacles which receive untreated sewage from a building and permit the untreated sewage to seep into surrounding soil is prohibited. e) Not more than one (1) dwelling, commercial, business, institutional, or industrial unit shall be connected to the same individual sewage disposal system unless such multiple connection was specified in the application submitted and in the permit issued for the system. f) No person shall construct or maintain any dwelling or other occupied structure which is not equipped with adequate facilities for the sanitary disposal of sewage without endangering the public health. 5) Any person who commits any of the following acts or violates any of the provisions of the Individual Sewage Disposal Regulations commits a Class I Petty Offense as defined in Section 18 -1 -107, C.R.S. 1973, as amended: a) Constructs, alters, installs, or permits the use of any individual sewage disposal system without first having applied for and received a permit as provided for in the Individual Sewage Disposal Regulations. b) Constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application or permit. c) Violates the terms of a final cease and desist order. d) Conducts a business as a Systems Cleaner without having obtained the license provided for in the Individual Sewage Disposal Regulations. e) Willfully fails to submit upon request proof of proper maintenance and cleaning of a system as required by the individual Sewage Disposal Regulations. f) In addition to other remedies provided in this Section 5, The Board of County Commissioners, by and through its County Attorney, or any owner of real estate within the area may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate or remove the erection, construction, reconstruction, alteration, remodeling, maintenance or use of any individual sewage disposal system which is in violation of the provisions of the Individual Sewage Disposal lil Regulations. s 1.14.06 Road Cut and Road Construction Within Public Ways 1) It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a road cut and /or road construction permit for the performance of such, and unless such work shall be performed in conformity with the terms and provisions of Chapter V of these Land Use Regulations. 2) It shall be unlawful for any person to violate the terms of Chapter V of these Land Use Regulations, or of any lawful orders or regulations issued incident thereto, including, but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and /or criminal proceedings under Section 43 -5 -301, C.R.A. 1973, as amended. 1.14.07 Cumulative Effect The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law. 1.14.08 Non - Liability for Damages These Land Use Regulations shall not be construed to hold Eagle County in any manner responsible for any damages to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, or resulting from the issuance or denial of a building permit as herein provided, or resulting from the institution of court action as hereinabove set forth or the forbearance by Eagle County to so proceed. 1.14.09 Non - Liability of Officials Any County official or employee, charged with the enforcement of these Land Use Regulations, acting in good faith and without malice on behalf of said County in the discharge of his official duties, shall not thereby render himself personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties. Any suit or proceeding instituted against such official or employee, stemming from any act or omission performed by him in the enforcement or attempted enforcement of any provision of these Regulations, shall be defended by the legal officer(s) of the County until final termination of the proceedings. 111111 11III 111'111 HE Ill IN 11111111 III 111'11'11 1111 678174 12/01/1998 04:43P 370 Sara Fisher 12 17 of 405 R 0.00 D 0.00 N 0.00 Eagle CO substantially altered by the Board, then the Board shall resubmit the altered proposal to the Planning Commission for its approval, disapproval, or suggestions. The Planning Commission shall send its report to the Board within thirty (30) days. 3) The planning Commission may recommend and the Board may adopt only those amendments which it finds to be in conformance with the policies and regulations of these Land Use Regulations, and the Eagle County Master Plan. 1111111111111111111111111111 IN 11111111111111111111 IN 878174 12/01/1998 04:43P 370 Sara Fisher 20 of 403 R 0.00 D 0.00 N 0.00 Eagle CO 15 ) 1111111 11111 III IN IIIIIIII III 1111111 II III 1.16 APPEALS 678174 12/01/1998 04:43P 370 Sara Fisher 21 of 406 R 0.00 D 0.00 N 0.00 Eagle CO 1.16.01 Appeals to the Board of County Commissioners Except as otherwise specifically provided in Chapter II, appeals to the Board of County Commissioners may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or endorsement of the provisions of these Land Use Regulations. Appeals to the Board of County Commissioners may also be taken by any officer, department, board, or bureau of the County affected by the granting or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of these Land Use Regulations. Such appeal must be made within 30 days after the occurrence of such grievance or decision which is the subject of the appeal. 1.16.02 Procedure 1) Appeals hereunder shall be initiated by the filing of a written Notice of Appeal to the Clerk of the Board of County Commissioners. Said Notice of Appeal shall include the following information: a) The nature of the decision or grievance by which the appeal is being taken; b) The date of such decision or grievance, and the name of the administrative officer or agency making the same; c) Any applicable rules or regulations pertaining to the decision or grievance being appealed from; d) The name and mailing address of the Appellant; e) Legal description of the property affected; f) Brief factual description setting forth the particulars and reasons for the appeal; and g) Any other information as may be required by the Board of County Commissioners. 2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County Commissioners shall schedule the appeal for hearing before the Board of County Commissioners, which hearing shall not be later than thirty (30) days from the receipt thereof. Written notice of the date, time and ) place of the hearing shall be given not later than ten (10) days prior to the date of hearing to the Appellant M 3 d i and any other person who may be affected thereby. 3) Not later than ten (10) days prior to the scheduled hearing, any and all exhibits, testimony and evidence of whatsoever kind shall be transmitted to the Clerk of the Board of County Commissioners. 4) At the hearing, the Board of County Commissioners shall consider all the evidence transmitted to the Clerk of the Board of County Commissioners and any additional evidence which it deems appropriate. Strict rules of evidence shall not apply, but all additional oral evidence shall be reduced to writing in summary form. 5) Ruling: Within twenty (20) days from the date of the hearing, the Board of County Commissioners shall issue its written ruling affirming, modifying, or reversing the decision or action which is the subject of the appeal. Copies of the Ruling shall be mailed to the Appellant and any other interested parties. 1111111 11111 1111111 11111 III 1111 11111111 III 1111111 II IN 678174 R10.008D 0.00PN30 00aEagle Fisher CO 17 _� 3 FINAL DRAFT LAND USE REGULATIONS CHAPTER II EAGLE COUNTY, COLORADO 11111111111111111111111110 IN IIIIIIIIIIIIIII (111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 23 of 406 R 0.00 D 0.00 N 0.00 Eagle CO NOVEMBER 23, 1998 _M IYAJ a j§ ARTICLE 1, GENERAL PROVISIONS PA(rF. SECTION 1 -100. Title and Short Title ......... ............................... 1 -1 SECTION 1 -110. Authority ................ ............................... 1 -1 SECTION 1 -120. Purpose ................. ............................... 1 -1 SECTION 1 -130. Rules of Construction ........ ............................... 1 -1 SECTION 1 -140. Applicability .............. ............................... 1-4 SECTION 1 -150. Exemptions: Effect of These Land Use Regulations on Previously Approved Development .............. ............................... 1 -6 SECTION 1 -160. Repealer ................ ............................... 1 -8 SECTION 1 -170. Severability .............. ............................... 1 -8 ARTICLE 2, DEFINITIONS Section 2 -100. Purpose ...................... ............................... 2 -1 Section 2 -110. Definitions ..................... ............................... 2 -1 ARTICLE 3, ZONE DISTRICTS DIVISION 3-1. GENERAL .................... ............................... 3 -1 Section 3 -100. Establishment of Zone Districts ......... ............................... 3 -1 Section 3 -110. Official Zone District Maps ........... ............................... 3 -1 Section 3 -120. Interpretation of Zone District Boundaries .. ............................... 3 -2 DIVISION 3 -2. PURPOSES OF ZONE DISTRICTS ... ............................... 3 -3 Section 3 -200. General ........................ ............................... 3 -3 Section 3 -210. Residential, Agricultural and Resource Zone Districts ......................... 3 -3 Section 3 -220. Commercial and Industrial Zone Districts .. ............................... 3 -5 1 111111 11111 111'111 11111 III IN III'IIII III 111111111111111 111111 678174 12/01/1998 04:43P 370 Sara Fisher 24 of 405 R 0.00 D 0.00 N 0.00 Eagle CO fi TABLE OF CONTENTS, Continued Section 3 -230. Planned Unit Development (PUD) Zone District ............................ 3 -6 Section 3 -240. Eagle -Vail PUD Zone District .......... ............................... 3 -6 DIVISION 3 -3. USE AND DIMENSIONAL STANDARDS .............................. 3 -7 Section 3 -300. Residential, Agricultural and Resource Zone Districts Use Schedule ................ 3 -7 Section 3 -310. Review Standards Applicable to Particular Residential, Agricultural and Resource Uses ... 3 -12 Section 3 -320. Commercial and Industrial Zone Districts Use Schedule ....................... 3 -46 Section 3 -330. Review Standards Applicable to Particular Commercial and Industrial Uses ........... 3 -52 Section 3 -340. Zone District Dimensional Limitations ... ............................... 3 -54 ARTICLE 4, SITE DEVELOPMENT STANDARDS DIVISION 4 -1_, OFF- STREET PARKING AND LOADING STANDARDS ................... 4 -1 Section 4 -100. Purpose ....................... ............................... 4 -1 Section 4 -110. Applicability ................... ............................... 4 -1 Section 4 -120. Number of Required Parking and Loading Spaces ........................... 4 -1 Section 4 -130 General Standards for Parking and Loading Areas ........................... 4 -3 Section 4 -140. Design Standards for Parking and Loading Areas ........................... 4 -4 DIVISION 4 -2. LANDSCAPING AND ILLUMINATION STANDARDS .................... 4 -10 Section 4 -200. Purpose ...................... ............................... 4 -10 Section 4 -210. Applicability .................. ............................... 4 -10 Section 4 -220. Landscape Plan .................. ............................... 4 -10 Section 4 -230. Landscaping Design Standards and Materials ............................. 4 -12 Section 4 -240. Installation and Maintenance Requirements .............................. 4 -15 Section 4 -250. Illumination Standards ............ ............................... 4 -17 2 111111 IIIII "1'111 IIIII 111 IN IIIIIIII 111111111111 1111 678174 12/01/1998 04:43P 370 Sara Fisher 25 of 405 R 0.00 D 0.00 N 0.00 Eagle CO TABLE OF CONTENTS, Continued DIVISION 4 -3. SIGN REGULATIONS ........... ............................... 4 -18 Section 4 -300. Purpose ...................... ............................... 4 -18 Section 4 -310. Applicability .................. ............................... 4 -18 Section 4 -320. Prohibited Signs ................ ............................... 4 -20 Section 4 -330. Sign Standards Applicable in all Zone Districts ............................ 4 -22 Section 4 -340. Sign Standards Applicable to Specific Zone Districts ........................ 4 -26 Section 4 -350. Procedure to Obtain Sign Permit ...... ............................... 4 -29 Section 4 -360. Nonconforming Signs ............. ............................... 4 -30 Section 4 -370. Violations and Penalties ........... ............................... 4 -32 DIVISION 4 -4. NATURAL RESOURCE PROTECTION STANDARDS ......... 4 -33 Section 4 -400. Purpose ................. ............................... 4 -33 Section 4 -410. Wildlife Protection .......... ............................... 4 -33 Section 4 -4 20. Development in Areas Subject to Geologic Hazards .................... 4 -34 Section 4 -430. Development in Areas Subject to Wildfire Hazards .................... 4 -39 Section 4 -440. Wood Burning Controls ....... ............................... 4 -41 Section 4 -450. Ridgeline Protection ......... ............................... 4-43 Section 4 -460. Environmental Impact Report ... ............................... 4-45 DIVISION 4 -5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS ....... ............................... 4 -50 Section 4 -500. Purpose ................. ............................... 4 -50 Section 4 -510. Applicability .............. ............................... 4 -50 Section 4 -520. Noise and Vibration Standards .. ............................... 4 -50 Section 4 -530. Smoke and Particulate Standards . ............................... 4 -50 3 I IIIIII VIII IIIIIII VIII III IIII IIIIIIII III IIIIIII II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 26 of 405 R 0.00 D 0.00 N 0.00 Eagle CO } l TABLE OF CONTENTS, Continued Section 4 -540. Heat, Glare, Radiation and Electrical Interference ..................... 4 -51 Section 4 -550. Storage of Hazardous and Non - Hazardous Materials ................... 4 -51 Section 4 -560. Water Quality Standards ...... ............................... 4 -52 DIVISION 4 -6.. IMPROVEMENTS STANDARDS ......................... 4 -53 Section 4 -600. Purpose ................. ............................... 4 -53 Section 4 -610. Applicability .............. ............................... 4 -53 Section 4 -620. Roadway Standards .......... ............................... 4 -53 Section 4 -630. Sidewalk and Trail Standards ... ............................... 4 -86 Section 4 -640. Irrigation System Standards .... ............................... 4 -88 Section 4 -650. Drainage Standards .......... ............................... 4 -89 Section 4 -660. Grading and Erosion Control Standards ............................ 4 -91 Section 4 -670. Utility and Lighting Standards ... ............................... 4 -94 Section 4 -680. Water Supply Standards ....... ............................... 4 -95 Section 4 -690. Sanitary Sewage Disposal Standards .............................. 4 -97 DIVISION 4 -7. IMPACT FEES AND LAND DEDICATION STANDARDS ...... 4 -100 Section 4 -700. School Land Dedication Standards .............................. 4 -100 Section 4 -710. Road Impact Fees .......... ............................... 4 -101 ARTICLE 5, ADMINISTRATION DIVISION 5 -1. DUTIES AND RESPONSIBILITIES OF DECISION - MAKING. ADMINISTRATIVE AND ADVISORY BODIES .......................... 5 -1 Section 5 -100. Board of County Commissioners ....... ............................... 5 -1 Section 5 -110. Planning Commission .............. ............................... 5 -2 El 1 111111 "III 1111111 IIIII I'I IN IIIIIIII III 1111111 II I"I 678174 12/01/1998 04:43P 370 Sara Fisher 27 of 405 R 0.00 D 0.00 N 0.00 Eagle CO TABLE OF CONTENTS, Continued Section 5 -120. Zoning Board of Adjustment .......... :............................. 5 -6 Section 5 -130. Hearing Officer .................. ............................... 5 -8 Section 5 -140. Community Development Director .... ............................... 5 -10 Section 5 -150. Code Enforcement Officer .......... ............................... 5 -10 Section 5 -160. County Attorney ................ ............................... 5 -11 Section 5 -170. County Engineer ................ ............................... 5 -11 DIVISION 5 -2. COMMON PROCEDURES ........ ............................... 5 -12 Section 5 -200. General ...................... ............................... 5 -12 Section 5 -210. Provisions of General Applicability .......... .......................... 5 -15 Section 5 -220. Interpretations ................. ............................... 5 -25 Section 5 -230. Amendments to the Text of these Land Use Regulations or the Official Zone District Map........................ ............................... 5 -26 <-° Section 5 -240. Planned Unit Development (PUD) District ............................... 5 -28 Section 5 -250. Special Uses ................... ............................... 5 -50 Section 5 -260. Variances .................... ............................... 5 -54 Section 5 -270. Subdivision Exemption ............ ............................... 5 -57 Section 5 -280. Subdivision ................... ............................... 5 -59 Section 5 -290. Minor Subdivision ............... ............................... 5 -78 Section 5 -2100. Certificate of Zoning Compliance ..... ............................... 5 -82 Section 5 -2200. Public Way and Easement Vacations ... ............................... 5 -82 Section 5 -2300. Beneficial Use Determination ........ ............................... 5 -85 Section 5 -2400. Appeals of Staff Decisions /Interpretations ............................... 5 -89 Section 5 -2500. Vested Property Rights ............ ............................... 5 -90 Section 5 -2600. Temporary Regulations ............ ............................... 5 -92 5 1111111 VIII "1'111 VIII III IN IIIIIIII III 111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 28 of 405 R 0.00 D 0.00 N 0.00 Eagle CO TABLE OF CONTENTS, Continued ARTICLE 6, NONCONFORAHTIES Section 6 -100. Purpose and Intent ................ ............................... 6 -1 Section 6 -110. Nonconforming Uses and Structures ..... ............................... 6 -1 Section 6 -120 Nonconforming Lots of Record ........ ............................... 6 -3 Section 6 -130 Nonconformities Created by Eminent Domain Proceedings ..................... 6 -4 ARTICLE 7, ENFORCEMENT Section 7 -100. General ....................... ............................... 7 -1 Section 7 -110. Revocation or Suspension of Special Use Permit ............................ 7 -2 Section 7 -120. Abatement of Violations ............ ............................... 7 -4 Section 7 -130. Notification to Correct Violation ....... ............................... 7 -8 Section 7 -140. Other Remedies ................. ............................... 7 -8 APPENDIX A FINAL PLAT RECORDATION SPECIFICATIONS AND CERTIFICATE FORMATS Final Plat Recordation Specifications .............. ............................... 2 Certificate of Dedication and Ownership ............ ............................... 3 Title Certificate ............................. ............................... 4 Surveyor's Certificate ......................... ............................... 4 Surveyor's Certificate (for Condominium Plat) ....... ............................... 5 Approval Block for Board of County Commissioners ... ............................... 6 0 111111111111111111111111111111 IN IIIIIIII III 1111111 II IN 678174 12/01/1998 04.43P 370 Sara Fisher 29 of 405 R 0.00 D 0.00 N 0.00 Eagle CO TABLE OF CONTENTS, Continued Approval Block for Board of County Commissioners (for Type B Minor Subdivision) ............... ............................... 7 Community Development Certificate .............. ............................... 7 Clerk and Recorder's Certificate .................. ............................... 8 Treasurer's Certificate of Taxes Paid ............... ............................... 8 APPENDIX B - EAGLE -VAIL PUD GUIDELINES APPENDIX C - CLASSIFICATION OF ROADS IN EAGLE COUNTY 1111111 11III 111'111111111111111111111 111111"1 III IN 111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 30 of 406 R 0.00 D 0.00 N 0.00 Eagle CO 7 _� J ARTICLE 1 GENERAL, PROVISIONS - EAGLE COUNTY 1 111111 IIIII 1111111 IIIII I1I IN IIIIIIII III IIII IIIII IN 678174 12/01/1998 04:43P 370 Sara Fisher 31 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ., _� <3 .:.v ARTICLE 1: GENERAL PROVISIONS TABLE OF CONTENTS - 3 9 ARTICLE 1 GENERAL PROVISIONS TABLE OF CONTENTS IIIIII IIIII IIIIIII HE III IN 11111111 11111111 IN 1111 678174 12/01/1998 04:43P 370 Sara Fisher 32 of 403 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 1 -i EAGLE COUNTY, COLORADO nwoa vmnrveu r,. November 23, 1998 PAGE SECTION 1 -100. Title and Short Title ......... ............................... 1 -1 SECTION 1 -110. Authority ................ ............................... 1 -1 SECTION 1 -120. Purpose ................. ............................... 1 -1 SECTION 1 -130. Rules of Construction ........ ............................... 1 -1 SECTION 1 -140. Applicability .............. ............................... 1 -4 SECTION 1 -150. Exemptions: Effect of These Land Use Regulations on Previously Approved Development .............. ............................... 1 -6 SECTION 1 -160. Repealer ................ ............................... 1 -8 SECTION 1 -170. Severability .............. ............................... 1 -8 IIIIII IIIII IIIIIII HE III IN 11111111 11111111 IN 1111 678174 12/01/1998 04:43P 370 Sara Fisher 32 of 403 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 1 -i EAGLE COUNTY, COLORADO nwoa vmnrveu r,. November 23, 1998 ,h } ARTICLE l: GENERAL PROVISIONS 1 -100. TITLE AND SHORT TITLE ARTICLE 1 GENERAL PROVISIONS SECTION 1 -100. TITLE AND SHORT TITLE These regulations, constituting Chapter II of the Eagle County Land Use Regulations, are generally referred to in this chapter as "the Land Use Regulations" or "these Land Use Regulations." SECTION 1 -110. AUTHORITY The Board of County Commissioners of Eagle County (hereinafter "County") has the authority to adopt these Land Use Regulations pursuant to the Colorado Constitution and Sections 24 -65 -101, et. seq., 24- 65.1 -101, et. seq., 24 -67 -101 et. seq., 29 -1 -801, et. seq., 29- 20,101,. seq., 30 -11 -101, et. sec ., 30 -20- 101, et. seq., and 30 -28 -101, et. seq., Colorado Revised Statutes, and such other authorities and provisions that are established in the statutory and common law of the State of Colorado. SECTION 1 -120. PURPOSE The purpose of these Land Use Regulations is to implement the Eagle County Master Plan and to protect and promote the health, safety, environment, and general welfare of the present and future residents of and visitors to Eagle County, while respecting private property rights. The reader of these Regulations should review the Eagle County Master Plan to obtain an overall understanding of the County's land use vision and the policies and actions the County plans to follow to achieve that vision. SECTION 1 -130. RULES OF CONSTRUCTION This Section establishes rules that shall be observed and applied when interpreting the language of these Land Use Regulations, unless the context clearly requires otherwise. A. Conflicting Provisions. 1. More Versus Less Restrictive Provisions. Where there exists a conflict or overlap between any provisions within these Land Use Regulations or between these Land Use Regulations and any other regulation adopted by Eagle County, the provision that is the more restrictive or particular shall prevail over that which is less restrictive or is general. If any provision used in these Land Use Regulations conflicts with any provision used in the Colorado Statutes, then the statutory provision shall govern. _ LAND USE REGULATIONS 1 -1 EAGLE COU=,, COLORADO .v r:eoc uxw,xuv G an: November 23, 1998 11111 111111111111111111111IN IIIIIIIIIIIIII 111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 33 of 403 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE]: GENERAL PROVISIONS 7 -730 RULES OF CONSTRUCTION 2. - Text Versus Table, Illustration, Graphic Depiction or Caption. If a conflict or overlap arises between the provisions of the text of these Land Use Regulations and any table, illustration, graphic depiction or the captions for any section or subsection, the provisions of the text shall prevail. 3. Private Agreements. It is not the intent of these Land Use Regulations to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of these Land Use Regulations impose a greater restriction than imposed by a private agreement, the provisions of these Land Use Regulations shall control; if the provisions of a private agreement impose the greater restriction, the provisions of the private agreement shall control. The County shall not be responsible for monitoring or enforcing private agreements. B. Exercise of Authority. Whenever a provision appears requiring the Community Development Director, or the head of any other County department to perform an act or duty, it shall be construed to authorize the Community Development Director or the head of any other County department to designate, delegate and authorize subordinates to perform the duty or act, unless the terms of the provision or section specify otherwise. C. Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday observed by Eagle County, that day shall be excluded. 1. Day. The end of a day shall be at 5:00 P.M., local time. 2. Week. The word "week" shall mean seven (7) days. 3. Month. The word "month" shall mean thirty (30) days. 4. Year. The word "year" shall mean three hundred and sixty-five (365) days. D. Factions. Whenever a fraction is generated in the computation of standards, such as the number of required parking spaces or the number of required trees or shrubs, the fraction shall be rounded up to the next highest whole number. E. Word Usage. 1. Tense. Words used in the past or present tense include the future, as well as the past or present. 2. Singular /Plural. A word importing the singular number may extend and be applied to several persons and things as well as to one (1) person or thing. The use of the plural number shall include any single person or thing, unless the context clearly indicates the contrary. LAND USE REGULATIONS F.-ooa uxwxntirw i. November 23, 7998 7 -2 1 111111 IIIII 1111111 IIIII III IN IIIIIIII III IIIII IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 34 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COMP, COLORADO _r ARTICLE 1: GENERAL PROVISIONS 1 -130. RULES OF CONSTRUC77ON 3. Shall/May /Should. "Shall" means mandatory, "may" means permissive, and "should" means preferred. 4. Masculine/Feminine. The masculine gender shall include the feminine, and the feminine gender shall include the masculine. 5. Conjunctions. Unless the context clearly suggests otherwise, conjunctions shall be interpreted as follows: "And" means that all connected items, conditions, provisions or events apply; and "Or" means that one or more of the connected items, conditions, provisions or events apply. 6. Common /Technical Terms. Words and phrases shall be construed according to the common and approved usage of the term, but technical words and phrases which have acquired a particular meaning shall be understood according to such meaning. F. Abbreviations. The following abbreviations are used in these Land Use Regulations, and are intended to have the following meanings: 1. CDOW means Colorado Division of Wildlife. 2. CFR means Code of Federal Regulations. 3. cfs means cubic feet per second. 4. CGS means Colorado Geologic Survey. 5. C.R.S. means Colorado Revised Statutes. 6. CSFS means Colorado State Forest Service. 7. d.u. means dwelling unit. 8. FLUM means Future Land Use Map. 9. ft. means feet. 10. max. means maximum. 11. min. means minimum. LAND USE REGULATIONS Fmocs¢uxmwntvwcuerp November 23, 1998 11111111111111111111111111 IN 11111111111 AN IIII IN 678174 12/01/1998 04:43P 370 Sara Fisher 35 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COMY, COLORADO AR77CLE l: GENERAL PROVISIONS 1 -140 APPLICABILITY 12. m.f, means multi - family dwelling unit. 13. mph means miles per hour. 14. N/A or Not Applic, means not applicable. 15. No req. means no requirement. 16. psi means pounds per square inch. 17. Reg. means requirement. 18. sq. ft. or s.f. means square feet. SECTION 1 -140. APPLICABILITY A. General Applicability. The provisions of these Land Use Regulations shall apply to the development of all land in the unincorporated area of Eagle County, except as expressly and specifically exempted in these Land Use Regulations. No development within the unincorporated area of Eagle County shall occur without first obtaining the appropriate development permit pursuant to the provisions of these Land Use Regulations, unless expressly exempted herein. B. Applicability to Governmental Entities. The provisions of these Land Use Regulations shall apply to the development of land by all units and /or agencies of federal, state, county and municipal government and all special districts to the extent permitted by state and federal law. C. Application of Regulations Except as hereinafter provided: a. No building or structure shall be erected nor shall any existing building or structure be moved, removed, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the lot area, lot coverage, floor area ratio, setback and height provisions hereinafter provided in the district regulations for the district in which such land, building or structure is located; b. No lot area, frontage, yard or other open space.or parking space provided about any building or structure for purposes of compliance with provisions of this Resolution shall be considered as providing lot area, frontage, yard or other open space or parking space for any other building or structure on the same lot or on any other lot; LAND USE REGULATTONS 1-4. EAGLE COUNTY, COLORADO r..oc=uxivrnuvw v, November 23, 1998 1 111111 VIII IIIIIII VIII III IN IIIIIIII III VIII IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 36 of 405 R 0.00 D 0.00 N 0.00 Eagle CO A271CLE 1: GENERAL PROVISk9M 1 -140 APPl.ICAB/LlTy C. Uses permitted by these Regulations shall also be subject to provisions of other. applicable County and State regulations except as specifically provided herein, and further, where the provisions of these Regulations impose a greater restriction than required by such other regulation, the provisions of these Regulations shall be applied. d. No building or structure shall be erected nor shall any existing' building or structure be altered or extended on land falling within any one or more of the following categories: (1) All unplatted public or semipublic uses, regardless of current zoning (4) statutory vacations; (5) dedications of easements and public ways. Nothing contained in this application of Regulations shall be construed to prevent the Board on its sole discretion from granting an exemption from subdivision pursuant to the authority of Section 30- 28- 101(10)(d), C.R.S -, or for land which is otherwise required to be platted pursuant to these Zoning and Subdivision Regulations. These Regulations shall apply to the entire area of Eagle County outside the boundaries of incorporated municipalities or towns. LAMD USE REGULA27ONS 1 -5 EAGLE COUMT, COLO)LIDO r.00uvux�,:November 23, 1998 classification; (2) All unplatted lands zoned for multifamily; = L 0 (3) All unplatted lands zoned planned unit development; o.c (4) All unplatted lands zoned commercial; —wa LU m mm (5) All unplatted lands zoned industrial; _r-m �"_ (6) All previously platted lands which are, subsequent to the date of vto enactment hereof, rezoned to one of the zone district classifications set o v o forth in these Land Use Regulations. �m o � 0) B This subsection(d) shall not apply to: =m m (1) single family construction not occurring in a planned unit development or —� subdivision; N to (2) parcels of 35 acres or larger which are not part of a planned unit !!!E C development of subdivision; n _mro (3) uses approved through another county review process, such as, but not limited to special use and 1041; (4) statutory vacations; (5) dedications of easements and public ways. Nothing contained in this application of Regulations shall be construed to prevent the Board on its sole discretion from granting an exemption from subdivision pursuant to the authority of Section 30- 28- 101(10)(d), C.R.S -, or for land which is otherwise required to be platted pursuant to these Zoning and Subdivision Regulations. These Regulations shall apply to the entire area of Eagle County outside the boundaries of incorporated municipalities or towns. LAMD USE REGULA27ONS 1 -5 EAGLE COUMT, COLO)LIDO r.00uvux�,:November 23, 1998 3. Approvals and permits for building construction, grading and infrastructure development shall be issued only as part of or after final plat approval. SECTION 1 -150. EXEMPTIONS: EFFECT OF THESE LAND USE REGULATIONS ON PREVIOUSLY APPROVED DEVELOPMENT A. Existing Non - conforming Uses or Structures. All uses or structures legally established and existing on January 1, 1999 that do not comply with these Land Use Regulations shall be considered pre - existing nonconforming uses or structures under the terms of these Land Use Regulations, and shall be permitted to continue to the extent provided in and subject to the provisions of Article 6, Nonconformities. B. Legal Lots of Record. No further development permit shall be required for the sale or conveyance of any legal lot of record existing on January 1, 1999. Development of any legal lot of record existing on the effective date of these Land Use Regulations, however, shall be in conformance with all other provisions of these Land Use Regulations, including Article 6, Nonconformities. C. Existing Building Permits and Variances. 1. General. The provisions of these Land Use Regulations shall not effect the validity of any building permit or variance permit that was validly approved prior to January 1, 1999. 2. Modifications. Proposed modifications to any building permit or variance permit approved prior to January 1, 1999 shall be approved or disapproved in accordance with the standards set forth in Section 6 -110. D. Existing Special Use Permits. General. The provisions of these Land Use Regulations shall not effect the validity of any Special Use Permit that was validly approved prior to January 1, 1999, if the development for which the permit was approved is commenced and diligently pursued from January 1, 1999, and completed without unreasonable interruption, in good faith, and consistent with the time limitations set forth in the Special Use Permit. If a Special Use Permit does not include a time limit, the Special Use Permit shall expire within three (3) years if development of the special use has not commenced. a. Ongoing Activities. If the Special Use Permit is for an ongoing use (such as a gravel pit), rather than a one -time development, then the provisions of these Land Use Regulations shall not effect the validity of said Special Use Permit if the use for which the permit was approved is commenced and diligently pursued from January 1, 1999, and continued without unreasonable interruption, in good faith, and consistent with any applicable time limitations set forth in the Special Use Permit. II1III 11111 1111111 11111 III IN IIIIIIII 111 1111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 38 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULA77ONS 1 -6 EAGLE COUNTY, cmow.uxinumvwgapri.: November 23, 1998 1: GENERAL PROVISIONS 1 -150. EXEMPTIONS b. Extensions. No extension of time shall be given to any Special Use Permit approved prior to January 1, 1999. 2. Inactivity Under Special Use Permit. If the use for which a Special Use Permit that was issued prior to January 1, 1999 is discontinued or abandoned for a period of three (3) consecutive years, the Special Use Permit shall expire and the use may not be established, re- established or resumed without a new permit approved under these Land Use Regulations. For purposes of this subsection, "discontinued or abandoned" does not include periods of inactivity which were planned for in the original permit or which are inherent in the use, provided that during such inactivity the property is not used in a way inconsistent with the establishment, re- establishment or resumption of the use or with the permit. Modifications. Proposed modifications to any Special Use Permit approved prior to January 1, 1999 that constitute a substantial change to such permit, shall be in conformance with these Land Use Regulations. E. Planned Unit Developments and Subdivisions. 1. Final Plat for Subdivision. a. General. The provisions of these Land Use Regulations shall not effect the validity of any Final Plat for Subdivision formally and validly approved by the Board of County Commissioners prior to January 1, 1999. b. Modifications. Proposed modifications to any Final Plat for Subdivision approved prior to January 1, 1999 that constitute a substantial change to such approved development, shall be in conformance with these Land Use Regulations. 2. Subdivision or PUD in Process. Except as otherwise expressly provided in these Land Use Regulations, the provisions of these Land Use Regulations shall not apply to the review for approval of any PUD or Subdivision proposal which is in process but which has not received approval for a Final Plat (or for the first Final Plat in a multi -phase proposal) prior to January 1, 1999, if the proposal has received a Planning Commission tabling of consideration or recommendation for approval or disapproval of a Preliminary Plan prior to January 1, 1999 and a Preliminary Plan based on the same Sketch Plan is approved by the Board of County Commissioners within six (6) months after the date of adoption of these Regulations. 3. Modifications. Proposed modifications to any Plat for Subdivision approved prior to January 1, 1999 or any Preliminary Plan for PUD or Preliminary Plan for Subdivision approved pursuant to Section 1- 150.E.2., Subdivision or PUD in Process, that .constitute a substantial change to the Plat or Preliminary Plan, shall be in conformance with these Land Use Regulations. LAND USE REGULA77ONS 1 -7 EAGLE COUNTY, COLORADO emoa¢vxwnuivaenrn: November 23, 1998 I "'III 678174 IIIII 1111111 IIIII 12/01/1998 III IN 04:43P IIIIIIII III IIIII IIII IIII 370 Sara Fisher ^. 39 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULA77ONS 1 -7 EAGLE COUNTY, COLORADO emoa¢vxwnuivaenrn: November 23, 1998 ARTICLE 1: GENERAL PROVISIONS I /60 ------ ER F. Compliance With Permit Conditions. All development permitted prior to January 1, 1999 shall be completed in accordance with the terms and conditions of the permit approval, including all terms, conditions, and regulations governing the issuance of the permit. Terms, conditions, and governing regulations of previously approved permits shall be enforced pursuant to Article 7, Enforcement. G. Voluntary Compliance. Notwithstanding the provisions of this Section, any applicant may request to have an application for development permit reviewed pursuant to the procedures and standards of these Land Use Regulations. SECTION 1 -160. REPEALER A. Repeal of County's Prior Land Use Regulations. Except in the case of Section 1- 150.C, Exislin2 Building Permits and Variance , and Section 1- 150.1), aiNting Special Use Permits, and Section 1- 150.E., Planned Unit Developments and Subdivisions, or to the extent necessary to enforce compliance with permits issued pursuant thereto or issued prior to January 1, 1999, the Eagle County Land Use Regulations, Chapter II, Zoning and Subdivision Regulations, are hereby repealed on the date of the County's adoption of these Land Use Regulations. B. Non - revival of Formerly Repealed Ordinance, Codes, and Other Regulations. The repeal of the Eagle County Land Use Regulations, Chapter II, Zoning and Subdivision Rrgt,lations, does not revive any other provisions, resolutions, ordinance, codes, or other regulations repealed by the aforementioned provision. SECTION 1 -170. SEVERABILITY If any Division, Section, Subsection, paragraph, clause, provision, or portion of these Land Use Regulations are adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Land Use Regulations shall not be affected. If any application of these Land Use Regulations to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment. IIIIII "III "1'111 IIIII 111 IN IIIIIIII 111 IIIII 1111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 40 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 1-8 EAGLE COUNTY, COLORADO r.MU UROMALRc I.r November 23, 1998 m ARTICLE 2 DEFINITIONS - EAGLE COUNT 111111111111111111111111111111 111 IN IIIIIIIIIIIIII I1I IIIII IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 41 of 408 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: DEFINITIONS TABLE OF CONTENTS ARTICLE 2 DEFINITIONS TABLE OF CONTENTS PAGE Section2 -100. Purpose ...................... ............................... 2 -1 Section 2 -110. Definitions .................... ............................... 2 -1 111111 "III 1111111 11111 ('I IN III'I"I I'I 111111 ('I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 42 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 24 EAGLE COUNTY, COLORADO r:npvvomm., ..... kw ' r xr-zco: November 23, 1998 �3 ARTICLE 2: DEFINITIONS 2 -100. PURPOSE 1 ARTICLE 2 DEFINITIONS SECTION 2 -100. PURPOSE The purpose of this Article is to define words, terms and phrases contained within these Land Use Regulations. SECTION 2 -110. The following words shall have the following meanings when used in these Regulations. ACCESS means the place, means or way by which pedestrians and vehicles obtain usable ingress and egress to a property, use or parking space. All required means of access shall comply with the applicable standards of these Land Use Regulations. ACCESSORY BUILDING means a building located on the same lot as the principal building to which it is accessory that is clearly incidental, subordinate, secondary and devoted to the principal building and is customarily found in conjunction with the principal building. For example, a personal storage building is an accessory building customarily found in conjunction with residential uses. 1. Types of Accessory Buildings. An accessory building may be attached in any amount to the main building by the wall and /or roof of the main building or by the roof over a breezeway connecting the accessory building and the main building, or may be a detached, subordinate building located on the same lot or building site as the principal building. 2. Limitations. The accessory building shall contain no more than eight hundred -fifty (850) square feet of floor area. The area of the accessory building shall count toward the property's maximum floor area and lot coverage calculations. Its location shall comply with all applicable setback standards and it shall comply with the applicable height restrictions of the underlying zone district. ACCESSORY DWELLING UNIT means a dwelling unit that is accessory to the principal use of the property and is designed and intended for occupancy by the caretaker of said property, persons who live and work in Eagle County, or relatives and guests of the occupants of the principal use of the property. ACCESSORY USE means a use located or conducted upon the same lot as the principal use to which it is accessory that is clearly incidental, subordinate, secondary and devoted to the principal use, and is customarily found in conjunction with the principal use. For example, gardens, recreational activities and raising of pets are accessory uses customarily found in conjunction with residential uses. An accessory use shall not be a use that is designated in the use schedule as being prohibited in the zone district in which it is located. LAND USEREGULATIONS 2 -1 EAGLE COUNTY, COLORADO =�ntzvomiu.o-i.oa�•m.uxrzso; November 23, 1998 1111111 "III "1'11111111 Iii IN III'I"I III II'I'I 1111111 678174 12/01/1998 04:43P 370 Sara Fisher 43 of 405 R 0.00 D 0.00 N 0.00 Eagle CO "0. r p AR77CLE 2: DEFINITIONS 2 -770 DEFIN1770N ADULT ENTERTAINMENT USE means an establishment consisting of, or having the characteristics of, any or all of the following: 1. Adult Bookstore means an establishment having a substantial or significant portion of stock -in -trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. 2. Adult Club or Cabaret means an establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas or which features topless or nude dancers, strippers or similar entertainers for observation by patrons. 3. Adult Motion Picture Theatre means an enclosed building used for presenting motion pictures or audio - visual displays distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. AGRICULTURAL BUILDING means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation. AGRICULTURE means farm or ranch uses, as defined in 39 -1 -102 C.R.S., including buildings for shelter of farm or ranch animals or property primarily employed in any of the above uses. An agricultural use may include those activities necessary to operate the agricultural business, however, processing of agricultural products shall only be permitted when allowed in the underlying zone district and when specifically approved for the subject property. AIRCRAFT LANDING STRIP means a private facility for accommodation and servicing of aircraft. AIRPORT means a public facility for accommodation and servicing of aircraft. 1. UTILITY AIRPORT means a basic or general utility airport, as defined by the Federal Aviation Agency. 2. AIR CARRIER AIRPORT means an air carrier airport, as defined by the Federal Aviation Agency. ALLEY means a public right -of -way providing secondary access to a property that is not intended for general travel. APPURTENANT FACILITY means any building, structure or other property that is clearly incidental to and customarily found in connection with major facilities of public utilities, including, but not limited to metering stations, storage buildings, fences and compressor stations. LAND USE REGULATIONS 2 -2 EAGLE COUNTY, COLORADO ciysrw „rmm'.nn.8rnu.uxrz.m: November 23, 7998 � 11111111 IN IIIIIIII 111111111111 IIII 678174 12/01/1998 04 :43P 370 Sara Fisher 44 of 403 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: DEFINITIONS 2 -110 DEFINITIONS AQUATIC ECOSYSTEMS means rivers, streams, lakes, ponds, springs and seeps. AREAS AND ACTIVITIES OF STATE INTEREST means those areas and activities which the State of Colorado has authorized local governments to designate from the following list: 1. Areas of State Interest as Determined by Local Government. a. Mineral resource areas; b. Natural hazard areas; (1) Floodplains (2) Wildfire hazard areas (3) Geologic hazard areas C. Areas containing, or having a significant impact upon historical, natural, or archaeological resources of statewide importance; and d. Areas around key facilities in which development may have a material effect upon the key facility or the surrounding community. 2. Activities of State Interest as Determined by Local Government. a. Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; b. Site selection and development of solid waste disposal sites except those sites specified in Section 25 -11- 203(1), C.R.S. 1973, and except sites designated pursuant to Part 3 of Article 11 of Title 25, C.R.S. 1973; C. Site selection of airports; d. Site selection of rapid or mass transit terminals, stations, and fixed guideways; e. Site selection of arterial highways and interchanges and collector highways; f. Site selection and construction of major facilities of public utility; g. Site selection and development of new communities; h. Efficient utilization of municipal and industrial water projects; and i. Conduct of nuclear detonations. LAND USE REGULATTONS 2 -3 EAGLE COUNTY, COLORADO :�.vsivama.m.aa�.w.uxr -zm: November 23, 1998 III IN IIIIIIII 11111111111111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 45 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 2: DEFINMONS 2 -770. DEFIATMONS ATTIC means that part of a building that is immediately below and wholly or partly within the roof framing. An attic that is less than five (5) feet in height shall be considered non - habitable. AVALANCHE HAZARD AREA means an area where a mass of snow or ice and other material that may get incorporated therein moves rapidly down a mountain slope with a predictable recurring frequency over time and at a predictable impact pressure. BALD EAGLE ROOST SITE means a perch or resting place for the bald eagle that offers ease of access and good visibility for foraging. Bald eagle roost sites are located in tall trees with perches within riparian areas, and are used winter after winter by bald eagles. BASEMENT means any floor level that is six (6) feet or more below grade for more than fifty (50) percent of the building. BED AND BREAKFAST means a dwelling unit in which overnight accommodations and a morning meal are provided only to guests of the facility for compensation. BERM means a mound of earth used to screen or separate one area from another to reduce visual, noise and similar impacts. Berm may also mean the act of pushing earth into a mound. BIGHORN SHEEP MIGRATION PATTERNS means the routes bighorn sheep use to migrate between summer ranges and winter ranges. BIGHORN SHEEP PRODUCTION AREAS means those lands on which pregnant female bighorn sheep give birth to their young in the mid to late spring. Bighorn sheep production areas are undisturbed areas inhabited by female bighorn sheep that contain free - flowing water and sufficient food. These areas also offer good hiding cover by providing an ample understory of low -lying vegetation and by being closely associated with steep terrain and rocky ledges. BIGHORN SHEEP WINTER CONCENTRATION AREAS means those areas in Eagle County that because of their slope, aspect, elevation and vegetation, including cover, are capable of providing bighorn sheep sufficient food and cover (habitat) to survive the most difficult winter months of average winters. In Eagle County, densities of bighorn sheep in winter concentration areas are twice as great as those in winter ranges in the average five (5) winters out of ten (10). BOARD means the Board of County Commissioners of Eagle County, Colorado. BOARDING STABLE means a structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for which the owner receives compensation. BUILDING means any structure used for shelter or enclosure of persons, animals or property. A building shall comply with the Building Resolution, as adopted by Eagle County. A building used for shelter or enclosure of persons shall be one (1) of the following: .} LAND USE REGULA77ONS 2 -4 EAGLE COUNTY, COLORADO <a.yvwmain«ai«snvnwrv:.co: November 23, 7998 111111 11111 1111111 11111 III IN IIIIIIII III 111111 III III 678174 12/01/1998 04 :43P 370 Sara Fisher 46 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: DEFINITIONS 2 -110 DEFINITIONS 1. CONVENTIONAL BUILDING means a building constructed or erected on the lot or building site in a conventional manner using individually assembled or unassembled building materials, that shall be less than the entire building or major portion thereof. 2. MODULAR, PREFABRICATED OR FACTORY -BUILT BUILDING means a building erected on the lot or building site using prefabricated or preassembled component building parts that shall comprise the entire building or major portion thereof. BUILDING ENVELOPE means that portion of a lot within which all buildings are confined. A specified Building Envelope does not alter setbacks. BUILDING FRONT means a measurement of the horizontal distance, made at the structural foundation or building line at finished grade, of that building elevation that most closely parallels the front lot line. 1 111111 "III 1111111 IIIII III IN IIIIIIII III 111111 III III 678174 12/01/1998 04:43P 370 Sara Fisher 47 of 409 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -5 EAGLE COUNTY. COLORADO -a.r5lvmm.....vwvewwr.2. , November 23, 1998 AR77CLE 2: DEFINITIONS 2 -110. DEFIATHONS BUILDING HEIGHT is defined on the following illustrations: BUILDING HEIGHT CALCULATIONS FOR STEPPED OR TERRACED BUILDINGS STEPPED OR TERRACED BURDMDS: The buffang height of a stopped or fermced 6uddfng an a lot with an average dope in sacs of fifteen (15) percent shag be measured as the maximm height of any Wdbg segment fmn the natural or finished grade (whichever is son mkicRn) of any pond dinctip above Rwt grade localfm A building segment is a portion of the buRdfng that contain one -fhird of that budding Ovation being measured. A stopped or fenced structure shall not send the maximum height of the underlying zon, dfshict plus, either (a) the mastmu n grade differential to the the Iowed punt of grade wdhin five (5) feet of the structure or (b) Im (Ill) feet, whichever Is less. wo"JAY M reef M IMW6 A M1na, iNa IlNIe. saoMC Naan — ' b 1 IewKa- I _ I i I I I I I YIWYI(lan ernwm .I Daa[ DllWnaL satr M mar t9rr K M SnIK1114 v I ®IY TCi1P a r$ m Inn a' CAW eraer m[ m m M Snlaelrr FLAT ROOF STRUCTURES waver uM rear esa rwaa m ranan tyros LAND USE REGULA77ONS �:mnsrwomm'.�o-wsmuunr -:.co: November 23, 1998 n essruac mar. smm m aW eissrmx= M alts o- lad6f PONY Q RINE x111 IM M R M SINa1M 2 -6 EAGLE COUNTY, COLORADO 111111 VIII 1111111 11111 III IN 11111111 111 111111 1111111 678174 12/01/1998 04:43P 370 Sara Fisher 48 of 405 R 0.00 D 0.00 N 0.00 Eagle CO � M1Po ARTICLE 2: DEFINITIONS 2 -110. DEFINl170NS 2 BUILDING HEIGHT CALCULATIONS FOR LOTS HAVING AN AVERAGE SLOPE OF LESS THAN THIRTY (30) PERCENT. Building height means the distance measured vertically an cll sides of a structure, from the natural or finished grade (whichever Is mare ruhidin) of any ghee pofrd to a paint directly above Mot location that b: (a) the fop fop of a Bof roof, or morn, roof: or (b) the midpoint between the cave line and the peak of a gable, gambol, hip, shed or similar pitched oaf; or (c) the peak of any roof that esceeds a slope of a twain to twain (12.12). NATURAL GRADE OR WHICHEVER IS MORE FLAT ROOF STRUCTURES NATURAL GRADE OR I WHICHEVER IS MORE LAND USE REGULATIONS �a.Wrw,nmmma.�s +nv,uer -z.m; November 23, 1998 2 -7 1111111 "III "1'111 11111 111 IN III'I"I III II"II 1111111 678174 12/01/1998 04:43P 370 Sara Fisher 49 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY, COLORADO I } ARTICLE 2: DEF7NITION5 2 -770. DEFINITIONS BUILDING HEIGHT CALCULATIONS FOR LOTS HAVING AN AVERAGE SLOPE OF THIRTY (30) PERCENT OR GREATER. Building height means the distance measured vertically on all sides of a structure, from the natural or finished grade (whichever is more restrictive) at any given point to a point directly above that location that is: (a) the top of a flat roof, or mansard roof: or (b) the midpoint between the Dave line and the peak of a gable, gambrel, hip, shed or.simitar pitched root; or (c) the peak of any roof that exceeds a slope of a twelve to twelve (12:12). The measurement of three (3) sides may exceed the maximum building height allowable for the zone district in which the building is located by a maximum of twenty —five (25) percent. NATURAL GRADE OR VaNaHEVER G MORE FLAT ROOF STRUCTURES NATURAL, GRADE OR FINISHED GRADE WHICHEVER 15 MORE NT RE :TED THE MAX. BUILDING GHT ALLOWABLE BY 25% 3 SIDES GRADE IN URAL GRADE OR FINISHED GRADE 'CHEVER IS MORE RESRtlCTIVE- 1111111 11111 1111111 !1111 III IN IIIIIIII III 111111 111 1111 678174 12/01/1998 04:43P 370 Sara Fisher 50 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS cmyvwmmniemleaalnuruenzm; November 23, 1998 2 -8 EXCEED THE YAX. BUILDING HEIGHT ALLOWABLE BY 25% ON 3 SITES z a EXCEED THE YAW. BUILDING HEIGHT ALLOWABLE 9 25% am 3 SAS EAGLE COUNTY, COLORADO �a ARI7CLE 2.• DEFIAT17ONS 2 -110. DEFIAMONS BUILDING HEIGHT CALCULATIONS FOR BULDINGS INCORPORATING UNDERGROUND PARKING For buildings incorporating underground parking, height shall be measured using the applicable defintion above, provided, that for portions of the structure where the vertical distance between the top of the foundation wall and grade is more than twenty four (Z4) inches and this portion of the structure has an opening exclusively for vehicle access, the grade within six (6) feet of that opening shall be used to determine building height. The opening for vehicular access shall not exceed a maximum widht of sixteen (16) feet for mullf — family residential uses, twenty (20) feet for commercial uses and twenty five feet for industrial uses. There shall be a maximum of two (2) such openings per building. wa. FLAT ROOF STRUCTURES LAND USE REGULATIONS 2 -9 EAGLE COUNTY, COLORADO -- e:i.pmi imemw&iwu .zca: November 23, 1998 111111 "III "1'111 11111111 IN III'I"I III II'II"II IN 678174 12/01/1998 04:43P 370 Sara Fisher 51 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: _DEFINITIONS 2 -170. DEFINTIONS BUILDING, TEMPORARY means any building or structure for which the location, occupancy or use shall not exceed six (6) months, unless the duration of its location, occupancy or use has been otherwise limited, pursuant to Section 5 -250, Special Uses. CAMPER VEHICLE OR CAMPER TRAILER means any vehicle or portable structure constructed to be transported on or towed behind a vehicle and designed to permit temporary occupancy. It shall be considered self- contained if it includes a toilet and a bath or shower. CAMPGROUND means an establishment that provides overnight or short term sites for two (2) or more tents or camper vehicles for recreation, education or vacation purposes. Continuous occupancy of a campground by a person for a period of in excess of two (2) weeks shall be prohibited. CARETAKER means a person who is not the owner of the land but who is employed by the owner to maintain the land and structures on it. CEMETERY means property used for the interring of the dead. A cemetery may include a mausoleum, mortuary or similar related uses. CENTRAL COLLECTION Or SEWAGE means the transmission of all liquid wastes from five (5) or more residential, commercial and /or other sources to an adequate facility for primary, secondary or tertiary treatment, and appropriate reutilization or disposal. CHANGE IN CIRCUMSTANCES OR CONDITIONS means that the land uses, public facility capacity, or environmental and /or wildlife characteristics impacting or surrounding a development proposed in an application for development permit have changed in such a way that it would influence, or have an affect on, the consideration of the application. CHURCH means a building or group of buildings that by design are primarily intended for conducting organized religious services and associated accessory uses. 1111111 "III 1111111 11111 111 IN III'I"I III 11"111'1 IN 678174 12/01/1998 04:43P 370 Sara Fisher 82 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -10 EAGLE COUNTY, COLORADO +, ci.ysmormmxm.,,arnuuxtz.m: November 23, 1998 ,... ARTICLE 2: DEFINITIONS 2 -110. DEFINTTTONS CLEAR VISION AREA is defined by the following illustration: Clear vision area means a triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of which are lot lines, measured from the corner intersection of the lot lines for a thirty (3D) foot distance. The third side of the triangle is a line across the corner of the lot joining the ends of the other two (2) sides. There the lot lines at intersections. have rounded corners, the lot lines shell be extended in a straight line to a point of intersection. A clear vision area may also be identified in these Regulations as an intersection dear zone or as a 7sight triangle at intersections. xroarlm� I. -I j- tvex I I ' am vwtox aasx vmax I I' ARM I 30' -a• 1( "III"III"1'111VIIIIIIINIIIIIIII III 1111111I11111 678174 12/01/1998 04:43P 370 Sara Fisher 83 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -11 EAGLE COUNTY, COLORADO �a.vsiwmma�.,,utrareauwrr -:.ca: November 23, 1998 ARTICLE 2, DFFINTTONS 2 -110. DEFINTIONS CLUSTER DEVELOPMENT is defined by the following illustration:' Cluster development means a concentration of development in one (1) or more limited areas of an entire ownership, within lots that are smaller than the minimum required lot area in the underlying zone district, so the development can preserve those portions of the property that provide valued environmental resources and avoid those areas that are subject to natural hazards, as identified by these FLU N �LL 01 la ■ ym —r® MMMMMMMM� Pl �LL2 CD M FRB Co O O =00 00 mCD =49 —� —04 m r =r .0 Go O �Fv _ Ao 10 t{�tlF=7 11 1'\ 1�\ /y\ v'\ COMMON COMMON APPA COMMON LAND USE REGULATIONS 2 -12 EAGLE COUNIY, COLORADO c:mp5,v win nwevgte,& r -x.ca; November 23, 1998 3 ARTICLE 2: DEFINITIONS 2 -110 DEFINITTONS COMMISSION means either the Eagle County Planning Commission, a Regional Planning Commission, or both, depending on the context in which the term appears in these Regulations. 1. Eagle County Planning Commission. Eagle County Planning Commission means the countywide planning commission established pursuant to C.R.S. 30- 28- 103(1). 2. Regional Planning Commission. Regional planning commission means a commission established by any municipality within the borders of Eagle County or by the Board of County Commissioners, pursuant to C.R.S. 30- 28- 105(1). COMMON AREAS means areas associated with commercial or multiple family buildings that are intended for public gathering, such as lobbies, lounges, entries, patios, decks, etc. COMMUNITY BUILDING means a building owned or operated by a governmental agency or a non - profit community organization for the purpose(s) of holding an event which is of civic or public benefit. COMMUNITY CENTER means those lands in unincorporated Eagle County that are established and recognized as being residential and commercial activity centers or that have been designated on the Future Land Use Map (FLUM) of the Eagle County Master Plan as being appropriate to become such activity centers. COMPOST means microbiologically degraded organic matter in de- watered sludge under aerobic conditions resulting in a stable humus -like material. COMPOST FACILITY means a site where compost is processed. COMPREHENSIVE SIGN PLAN means a plan indicating the size, height, text, color and location of the signs that each business will be allowed to display; including directory signs, building identification signs and any informational signs and displays. A sign application for any single sign in a multi -use building or lot shall conform to the approved comprehensive sign plan for that building or lot (i.e., color, location, material, etc.).. CONDOMINIUM SUBDIVISION means a subdivision in which the interests created are separate fee simple estates, in individual air space units of a multi -unit property, together with undivided fee simple interests in common elements as defined in Section 38 -33 -101 et sec C.R.S. 1973, as amended. CONSTRUCTION AND DEMOLITION DEBRIS FACILITY means a discrete area of land or an excavation that is designated for the final disposal of solid waste, such as lumber, bricks, concrete, sheetrock and similar materials, that result from the construction or demolition of a building or structure. CONTIGUOUS means sharing a common border at more than a single point of intersection and in such a manner that the shared boundaries are touching. Lands that are separated by a right -of -way that is dedicated in fee simple shall not be considered to be contiguous. Lands that touch at points of intersection shall also not be considered to be contiguous. 11111111111111111111111 IN IIIIIIIIIIIIII III 1111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 55 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -13 EAGLE COUNTY, COLORADO ees,nsiva oim.nuwgrnurua 2.co: November 23, 1998 ARTICLE 2: DEFINITIONS 2 -110. DEFINITIONS CONTRACTOR'S STORAGE YARD means a parcel of land, or portion thereof, used for the purpose(s) of storing construction materials, equipment, vehicles or machinery, that are not, or will not be used on said parcel.. The materials, equipment, vehicles or machinery may be stored within a building or shall be surrounded on all sides by a fence, wall, landscaping in combination with fencing, or other opaque screen of at least six (6) feet in height. 111111 11111 1111111 11111 111 ���1 111�1�11 111 1111111 11 1111 COUNTY means Eagle County, Colorado. 678174 12/01/1998 04:43P 370 Sara Fisher 56 of 405 R 0.00 D 0.00 N 0.00 Eagle CO CRAWL SPACE means an area on the lowest level of a structure that shall have a ceiling height of less than five (5) feet, measured from the surface of the earth or floor system to the underside of the structural members of the floor directly above. CRITICAL WILDLIFE HABITAT means (1) migration patterns and corridors, winter concentration areas, severe winter ranges, and production areas of elk, (2) migration corridors, staging areas, winter concentration areas, severe winter ranges and winter ranges of mule deer, (3) migration patterns, winter concentration areas and production areas of bighorn sheep, (4) roost sites of bald eagles, (5) nest sites of golden eagles, (6) nest sites of peregrine falcons, (7) production areas of sage grouse, and (8) occupied habitat of lynx. CUSTOMARY ACCESSORY RESIDENTIAL USES means buildings for shelter or enclosure of property or domestic animals commonly associated with residential uses, fences, and hedges, gardens, walls and similar landscape features. DAY CARE CENTER means a residence or facility that provides regular care and supervision, for an entire day or a portion of a day, for seven (7) or more children who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. A day care center shall comply with all applicable standards for child care centers of the Colorado Department of Social Services. DAY CARE HOME means a residence or facility that provides regular care and supervision, for an entire day or a portion of a day, for more than two (2) but not more than six (6) children from birth to sixteen (16) years of age who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. Care also may be provided for no more than two (2) additional children of school age attending full -day school. Residents of the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. A day care home shall comply with all applicable standards for child care centers of the Colorado Department of Social Services. DEBRIS FAN means areas of possible recurrent flooding, debris flows and hydrocompaction. DEPARTMENT means the Eagle County Department of Community Development. DEVELOPABLE LAND means net land available for building or other development. Developable land specifically excludes land that is under water or is located within the one hundred (100) year floodplain. DEVELOPER means a legal or beneficial owner of any land proposed for inclusion in a development, including a lessee, optionee, or contract purchaser. LAND USE REGUL417ONS 2 -14 EAGLE COUNTY, COLORADO cn.asiv li WWSWU u - --2.W, NOVember 23, 1998 ARTICLE 2 • DEFINITIONS 2 -170. DEFINITIONS DEVELOPMENT means any of the following activities that require some form of development permit pursuant to these Land Use Regulations: 1) the subdivision of a parcel of land into two (2) or more lots or divisions; 2) the construction, reconstruction, conversion, expansion, or structural alteration, relocation, or enlargement of any buildings, structures, or accessory structure; 3) any use or change in use of any buildings, land, or water; 4) any clearing, grading or other movement of land of a nature or dimension which requires a permit pursuant to the County Building Resolution; 5) any mining, dredging, filling, grading, paving, excavating, or daily operations. DEVELOPMENT PERMIT means an amendment to the Zoning District Map, a Conceptual/Preliminary Plan for PUD, a Sketch Plan/Preliminary Plan for Subdivision, a Final Plat for Subdivision, a Special Use Permit, a Variance Permit, a Certificate of Zoning Compliance, a Building Permit, or any other official action of Eagle County having the effect of permitting the development of land. DISTRIBUTION CENTER means an establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including trans - shipment by motor vehicles, rail, air or boat. DWELLING means a building or portion thereof used for human occupancy. DWELLING UNIT means one (1) or more rooms in a dwelling occupied by a family living independently of any other family and having not more than one (1) indoor kitchen facility that is limited to the use of the family. It also means one (1) or more rooms in a dwelling occupied by multiple housekeeping units living independently from any other housekeeping units and having not more than one (1) indoor kitchen facility that is limited to the use of those housekeeping units. A dwelling unit contains human living facilities, including facilities for sleeping, cooking and sanitation. "Dwelling unit' shall include a mobile home, but shall not include hotels, motels, clubs, boarding houses, rooming houses, or any institutions, such as an asylum, hospital, jail or group home, where human beings are housed by reason of illness or under legal restraint. Dwelling units are of the following. categories: 1. Single - Family Dwelling, means a building containing a single dwelling unit. 2. Duplex Dwelling means a building containing two (2) dwelling units connected by a common wall shared by the units, as further defined in the illustration on the following page, neither of which are multi- housekeeping -unit dwelling units. 3. Multi- Family Dwelling means a building containing three (3) or more dwelling units, none of which are multi - housekeeping -unit dwelling units. 4. Multi- Housekeeping -Unit Dwelling means a building containing one (1) or more multi - housekeeping -unit dwelling units. EASEMENT means a conveyance or reservation of an incident of ownership in real property for one (1) or more specific purposes, public or private. I IIIIII VIII II VIII "III III IN IIIIIIII III IIIIIII II III 678174 12/01/1998 04:43P 370 Sara Fisher 57 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -15 EAGLE COUNTY, COLORADO <a.yvvmaiamuu�8«ivuzr:.m; November 23, 1998 ARTICLE 2: DEFINITIONS 2 -770. DEFINITIONS DUPLEX DWELLING means a building containing two (2) dwelling units, either aide- by-side or in an over -under (stacked) configuration that appears to be a single, integrated structure. In the side -by -side configuration, the units shall be totally separated from each other by an un- pierced wall extending from ground to roof. In the over -under configuration, the units shall be totally separated from each other by an un- pierced ceiling and floor extending tram exterior wall to exterior wall. A duplex dwelling may also be identified in, these Regulations as a 'two (2) family dwelling. SIDE -BY -WE CONMURAION ovre -uenre rnenmmxnnw 1111111" III" 1' 111HE III INIIIIIIII1111111111111II1 678174 12/01/1998 04:43P 370 Sara Fisher 68 of 406 R 0.00 0 0.00 N 0.00 Eagle CO LAND USE REGULANONS 2 -I6 EAGLE COUNTY, COLORADO es.ysrwmmm'.mroxmw.uer -:.m; November 23, 1998 - i iiiiii iiiii iiiiIII IMill IIIII 11111111111111111111111111111111 678174 12/01/1998 "'64:43P 370 Sara Fisher 59 of 408 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: DERAFMONS 2 -110. DEFINMONS EDUCATIONAL FACILITY means public schools, non - public schools, colleges and universities, proprietary schools and schools administered and operated by the State. The following definitions shall apply to the various types of educational facilities: 1. PUBLIC SCHOOLS means those schools administered by legally organized school districts. 2. NON - PUBLIC SCHOOLS means all private, parochial and independent schools which provide education for compulsory school age pupils comparable to that provided in the public schools of the State. 3. COLLEGES OR UNIVERSITIES means such educational facilities under charter or license from the State of Colorado. 4. PROPRIETARY FACILITIES means all privately owned and managed educational facilities, which may include but not be limited to, art, church, business colleges, trade schools, church camps, residential camps and day camps. ELECTRIC POWER GENERATION FACILITY means any electric energy generating facility with generating capacity of ten (10) megawatts or more, and any appurtenant facilities thereto. ELECTRIC POWER TRANSMISSION LINE means any power line designed for or capable of the transmission of sixty-nine (69) kilovolts of electricity or greater and which emanates from an electrical r, power plant or electric substation and terminates at a substation. ELK MIGRATION PATTERNS AND CORRIDORS means the routes elk use to migrate between summer ranges and winter ranges. ELK PRODUCTION AREAS means those lands on which pregnant female elk give birth to their young in the early spring. Elk production areas are undisturbed areas inhabited by female elk that contain free - flowing water, an ample understory of low -lying vegetation that provides good hiding cover, and sufficient food. ELK SEVERE WINTER RANGES means those areas that because of their physical characteristics (such as low elevation, minimum snowpack, or physical barriers either natural or man -made) provide elk sufficient food and cover (habitat) during the most difficult months (where there is maximum snowpack or minimum temperatures) of the most severe winters (the worst two [21 winters out of ten [101). ELK WINTER CONCENTRATION AREAS means those areas that because of their slope, aspect, elevation and vegetation, including cover, are capable of providing elk sufficient food and cover (habitat) to survive the most difficult winter months of average winters. In Eagle County, densities of elk in the winter concentration areas are twice as great as those in surrounding winter ranges in the average five (5) winters out of ten (10). EXPANSIVE SOILS AND ROCK means soil and rock that contains clay and expands or swells to a significant degree upon wetting and shrinks upon drying. LAND USE REGULATTONS 2 -17 EAGLE COUNTY, �s.yriwmm�u..mWyuiuuxrz. %November 23, 1998 ARTT F 2, DEFINITIONS 2 -110. DEFINITIONS E %TRACTION, see "Industrial Operations ". FABRICATION, see "Industrial Operations." FAMILY means one (1) or more persons who occupy a single dwelling unit and act as a single housekeeping unit, together with their customary household servants; or a group of not more than four (4) persons who occupy a single dwelling unit and who do not act as a single housekeeping unit. In no event shall a family occupying one dwelling unit exceed the size of one person for each 300 square feet of space in the living quarters of the dwelling unit. FARM /RANCH STAND means a structure for the display and sale of primarily raw farm or ranch products produced principally upon the farm or ranch on which the stand is located. FARMERS MARKET means one (1) or more structures for the display and sale of primarily raw farm or ranch products, located at a site other than the farm or ranch at which the product was produced. FEEDLOT means a closely confined and contained area for the commercial feeding of livestock, as contrasted with grazing, pasturing or winter feeding of livestock. FLOODPLAIN means an area of land periodically subject to partial or complete inundation from a flood. FLOOR AREA is defined in the illustration on the following page. FLOOR AREA RATIO means the relationship of floor area to the net developable area of the lot, expressed as an arithmetic ratio. FORESTRY means an establishment primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services. 1111111 "III "1' 11111' 111111111111 '11111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 60 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -18 EAGLE COUNTY, COLORADO :myuwmmu.,w4uywvuxr.:.ro; November 23, 1998 AR77CLE 2: DEFINITIONS 2 -110 DEFINITIONS FLOOR AREA CALCULATIONS FOR BASEMENTS, HABITABLE ATTICS AND STAIRWAYS Floor area means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls, including but not limited to lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets, storage areas and areas of basements which are more than twelve inches above ground. Floor area shall excludeulaity / mechanical areas, cellars, crawl spaces, non— habitable attics, garages or areas designed for parking or loading within the building. Stairways shall count toward allowable floor area at the rate of one hundred (100) percent of the area of the stairway on the first level of habitable space and fifty (50) percent of the area of the stairway on each subsequent level. BASEMENTS STAIRWAYS a Ilk, SrAYiwAt cALOIJU ED AS MOM BY ME HAT AREA (LA 135 THAT EXCEM TIE MORN a STAAMIS WE BE CncauT[D N n.0011 AREA) 1 111111 11III 11I'I'I HE III 1111 111'1'11 111 1111111 11 IN 678174 12/01/1998 04:43P 370 Sara Fisher 61 of 406 R 0.00 D 0,00 N 0.00 Eagle CO LAND USE REGULATTONS 2 -19 EAGLE COUNTY, COLORADO :i.ysrw,m�mMo-aor�nwuerz.m: November 23, 1998 �A v J ARTICLE 2: DEFIAMONS 2 -110. DEFINITTONS FRACTIONAL FEE ESTATE means any interest in real property, including condominiums, owned or leased by five (5) or more persons or entities or any other device including ownership in a corporation, cooperative, partnership, or joint venture whereby the owners or lessees have formally or informally agreed that such owners or lessees shall have the preferred or exclusive use during specified periods of time. Any conveyance of a fractional fee estate or undivided interest by separate deed is within this definition and is to be regulated hereby. A fractional fee estate shall be deemed to be created upon the marketing, promotion, selling or offering to sell specified period or periods of time in one (1) or more residential units. FRONTAGE means the length of that property line of a lot which abuts a legally accessible street right -of- way. GOLDEN EAGLE NEST SITE means the bed or receptacle prepared by the golden eagle for its eggs and young. Generally, golden eagle nest sites occur on cliffs, but trees are sometimes used. Nests are generally located so that the birds are provided an unobstructed view of surrounding areas, affording maximum foraging opportunity. GRADE, FINISHED means the final elevation of the ground level after development GRADE, NATURAL means the elevation of the ground level in its natural state, before construction, filling or excavation. GROUP HOME means a residential building that is owned and operated by a non - profit organization, or is owned and operated by an individual or group of individuals who actually reside at and maintain their primary place of residence in the group home, that: 1. Occupied By Elderly Persons. Is occupied by not more than eight (8) persons who are sixty (60) years of age or older who do not require skilled or intermediate care facilities; or 2. Occupied By Developmentally Disabled Persons. Contains a state - licensed facility for the exclusive use of not more than eight (8) persons that are developmentally disabled due to their having cerebral palsy, multiple sclerosis, mental retardation, autism or epilepsy; or 3. Occupied By Mentally Ill Persons. Contains a state - licensed facility for the exclusive use of not more than eight (8) persons that have been determined to be mentally ill as defined and limited by §30- 28- 115(b.5), C.R.S. No person who has been determined to be not guilty of a violent offense by reason of insanity or who has been convicted of a felony shall be placed in a group home. 4. Occupied by Handicapped Persons. Is occupied by not more than eight (8) persons who are handicapped as that term is defined by the United States Fair Housing Act, 42 USCA §3601 et seq. LAND USE REGULATTONS 2 -20 EAGLE COUNTY, COLORt :myuvmin;.m�es•�uxz'.z.co; November 23, 1998 1111111 11111 1111111 11'11 III IN 111111') Ill IN 11111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 62 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: DEENITIONS 2 -110 DEFINITIONS 5. Occupied by Certified or Licensed Child Care Facilities. Contains a certified or licensed foster care home, residential child care facility or secure residential treatment center, as defined by §26 -6 -101, et seq., CRS, or licensed halfway house, as defined by §19 -1 -103, CRS, for the exclusive use of not more than eight (8) children. GROUND SUBSIDENCE means a process characterized by the downward displacement of surface material caused by natural phenomena, such as removal of subsurface fluids, natural consolidation, or dissolution of subsurface materials, or by man -made phenomena, such as subsurface mining. HABITABLE SPACE means any space or area in a structure used for living, sleeping, eating or cooking. Habitable space shall have a ceiling height of five (5) feet, zero (0) inches or more between the surface of the earth and /or floor system and the underside of the structural member(s) of the floor directly above. HELIPORT means an area, either at ground level, or elevated on a structure, licensed by the Federal Aviation Administration or other appropriate state or federal agency that is approved for the loading, landing and takeoff of helicopters, that includes auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. HELISTOP means a heliport that does not contain any auxiliary facilities. HIGH WATER MARK means the visible line on the edge of a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditioned (with a recurrence interval of ten (10) years or less) so as to create a distinct character with respect to vegetation and the nature of the soil. HOME BUSINESS means the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support by residents of the dwelling and employees residing off - premises, that may serve patrons on the premises. A home business shall comply with the standards of Section 3 -310 F.1., Home Business. HOME OCCUPATION means the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support, only by residents of the dwelling, that does not serve patrons on the premises, except in an incidental manner. A home occupation shall comply with the standards of Section 3- 310F.2., Home Occupation. HOSPITAL means an institution providing primary health services, medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. HOTEL means a building that is designated, intended or used for the accommodation of tourists, transients and permanent guests for compensation and in which no provision is made for cooking in individual rooms or suites. For impact analysis purposes, three (3) hotel rooms are equivalent to one (1) single family dwelling unit. LAND USE REGULATIONS =��nsiammm.�o-ueso-w.uxn:.co: November 23, 1998 2 -21 EAGLE COUNTY, COLORADO 1111111 VIII "1'111 11'11 111 IN 11111111111 11'1'11'1 IN 678174 12/01/1998 04:43P 370 Sara Fisher 63 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2: DEFIAMONS ti 2 -II0. DEFINITIONS HOUSEKEEPING UNIT means one (1) or more persons who live together in a single dwelling unit, with m an expectation of living together permanently, who are economically and socially dependent on one - another, own and use the dwelling unit's elements, furnishings and equipment as common to all, and represent themselves to the public and conduct themselves as a single, interdependent, permanent unit. A housekeeping unit is manifested by, at a minimum, a single or joint tenancy ownership of, or single lease -- with a minimum duration of one year to which each of the adult members of the housekeeping unit are bound -- or, the real property interest in the dwelling unit and the personal property interest in the furnishings and equipment in it. Housekeeping units usually are, but need not be, comprised of persons related by blood, marriage or adoption, or bound by a legal custodial relationship. ' IMPERVIOUS COVER OR MATERIALS means a surface that does not readily allow water to infiltrate into the ground. The term may include, but not be limited to, building roof surfaces including roof overhangs, concrete or asphalt pavement surfaces, compacted gravel and similar surfaces. INDIVIDUAL BUSINESS means a structure or lot containing one (1) business or several related businesses under any form of ownership. If two (2) or more businesses are located in a structure or on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of these Land Use Regulations. INOPERABLE means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally built. INDUSTRIAL OPERATIONS means the following categories of activities that characterize the dominant feature of the operation: 1. EXTRACTION means to draw out or forth, hence to derive as if by drawing out; removal of physical matter in a solid, liquid or gaseous state from its naturally occurring location; the initial step in utilization of a natural resource; examples include petroleum and natural gas wells, coal mines, gravel pits, timber cutting. Extraction includes exploration activities that take place prior to extraction. 2. PROCESSING means to subject to some special process or treatment, as in the course of manufacture; change in the physical state or chemical composition of matter; the second step in utilization of a natural resource; examples include petroleum refining, ore smelting, coal crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing, creation of glass, ceramic, or plastic materials, gravel crushing, cement manufacture. 3. FABRICATION means to form by art and labor; to manufacture; change in the physical shape of matter; the final step in utilization of a natural resource; examples include manufacture of equipment, vehicles and consumer goods from processed materials, wood and metal working operations, concrete and batch plants. 1 111111 11111 1111111 11111 111 IN 111'1'11 111 VIII 1111 I'll 678174 12/01/1998 04:43P 370 Sara Fisher 64 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -22 EAGLE COUNTY, COLORADO ,a.yvwmaim..o-uoamd,uer -:.m: November 23, 1998 .,a h� ARTICLE 2: DEFINITTONS 2 -110 DEFINITIONS 4. STORAGE means the act of storing or state of being stored, specifically, the safekeeping of goods in a warehouse or other depository; examples include bulk storage of freight, petroleum products, agricultural products, forestry products, household goods. 5. REPAIR means to restore to a sound or good state after decay, injury, etc.; restoration of a damaged object to its original physical shape; examples include automobile and equipment repair, appliance repair. JAIL means a facility housing persons under legal restraint. JUNK means any waste, scrap, surplus, or discarded material other than that classified by the State of Colorado as sewage. JUNK VEHICLE, see "Inoperable ". JUNK YARD means a parcel of land, or portion thereof, used for the collecting, storage or sale of junk, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether or not such uses are conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located on a ranch for use on the ranch. KENNEL means an establishment in which four (4) or more dogs, cats or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation. KITCHEN FACILITY means fixtures and equipment for food storage and preparation of meals, which may include, but is not limited to any or all of the following: a sink, stove, microwave oven, dishwasher, refrigerator and food storage facilities. A recreation room, wet bar or similar facility that is a homeowner convenience and is not intended to function as the kitchen facility for a separate dwelling unit shall not be considered a kitchen facility for the purpose of determining the number dwelling units in a development. LAND means all land or water surfaces, whether public or private, including lots, parcels, or other ownership categories and all surface, subsurface, or air rights that may be attached or detached from the land. LANDSLIDE HAZARD AREA means areas where falling, slipping or mass movement of land occurs due to a distinct surface rupture or zone of weakness. Landslides include slope failure complexes, debris slides, bedrock slides and areas of accelerated soil creep. LAKE means a naturally created body of standing water, usually at least six (6) feet deep. LEGAL LOT OF RECORD means any lot, parcel, or tract of land that was filed in the records of the Eagle County Clerk and complied with all applicable laws, ordinances, and regulations in effect at that time. 1 111111 VIII 111'111 11'11 111 IN 11111111 III VIII 1111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 65 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -23 „_. �a.yvv�,mm'.�o-�.esu��.uxrzco: November 23, 1998 EAGLE s� ARTICLE 2: DEFINITIONS 2 -110. DEFINITIONS LIVESTOCK means domestic animals, other than cats and dogs, customarily raised or kept on a ranch for profit or other purposes. LIVESTOCK SALES YARD means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment, or other means. A commercial livestock sales yard shall not be considered an accessory use whereas a non - commercial livestock sales yard for episodic (annual, biannual or special event) livestock sales associated with the active ranching operation on which it is located shall be considered an accessory use. LOADING SPACE OR BERTH means an off - street space or berth within a structure or on the same lot with a structure for the temporary parking of commercial vehicles while loading or unloading merchandise or materials and which space abuts on a street or other appropriate means of access. LOT means a parcel of land as established by survey, plat, or deed. LOT AREA means the total horizontal land area within the boundaries of a lot. LOT LINE means the external boundaries of a lot, as defined in the illustrations on the following pages. 111111 IIIII IIIIIII IIIII III IN IIIIIIII 111 11111 IN IIII 678174 12/01/1998 04:43P 370 Sara Fisher 66 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -24 EAGLE COUNTY, COLORADO c.t,p5t �mm,,,ro4a2ram uaa2.co: November 23, 1998 _ ARTTCLE 2- DEFIMTIONS 2 -110 DEFINITTONS VARIATIONS ON FRONT LOT LINES Front lot line means the boundary of a lot dividing it from the adjacent street. For corner lots, there shall be as many front lots lines as there are street accesses. FRONT LOT LINE FOR CORNER LOT USING ONE STREET ACCESS 'a FRONT LOT LINE FOR CORNER LOT USING TWO STREET ACCESSES pg _ 77. -. = FROM f✓ LOT ... . 1'........ ORKMAY HE FRONT LOT LINE .. I I"�II I'�II III'III I"II I'I I'I' III'�"I II' II"' III) IIII 678174 12/01/1998 04:43P 370 Sara Fisher 67 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATTONS 2 -25 EAGLE COUNTY, COLORADO <a.nt+aa.i<no-oai <w <uxrzm: November 23, 1998 LY FRONT LOT LINE ARTICLE 2• DEFINT17ONS 2 -770. DEFIN1770NS VARIATIONS ON REAR LOT LINES Rear lot line means the boundary of o lot opposite the Front lot line(s). REAR LOT UNE FOR CORNER LOT USNG ONE STREET ACCESS REAR LOT UNE FOR CORNER LOT USING TWO STREET ACCESSES Lir MR L REAR LOT LINE - MIAIM REAR LOT LINE FOR CORNER LOT USING ONE STREET ACCESS LAND USE PEGULA77ONS 2 -26 EAGLE COUNTY, COLORADO "- -, ci.yvaamicn<wirogfelm, r-- 2.CO:November23, 1998 1111111IIIII III IN IIIIIIII III IIIII1111IN 878174 12/01/1998 04:43P 370 Sara Fisher 68 of 403 R 0.00 D 0.00 N 0.00 Eagle CO i ARTTCLE 2: DEFINITIONS 2 -110. DEFINITIONS PRIMARY AND SECONDARY LOT LINES PRIMARY LOT LINE means platted lot or parcel lines utilized to compute compliance with applicable zone district standards. A parcel or lot line cannot be considered to be primary if it creates a condition of non - compliance with the relevant zone district. SECONDARY LOT LINES means property lines that re- subdivide a structure or structures into two (2) or more properties whose zone district requirements have already been met. LOT R It. 1• LOT LINE I�, w0, nu, V lit UM I �"e aun um nnrunr LAND USE REGULATIONS nyvw..Im'., ,s lu, xr- 2.m;November23, 1998 111111111111111111111111111111111111 IN IIIIIIII 111 1111111111111 678174 12/01/1998 MOP 370 Sara Fisher 69 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 2 -27 EAGLE COUNTY, COLORADO 0 V H O K N(_< C'1 2 Y O f'J C V ARTICLE 2: DEFIN7TIONS 2 -110 DEFINITIONS LOT OR SITE COVERAGE BY BUILDINGS is defined in the following illustration: Lot or site coverage by buildings means the portion of a lot covered by a building or buildings, including roof overhangs, covered porches, covered walkways and similar covered areas. ROOF OVERHANGS LAND USE REGULATIONS 2 -28 EAGLE COUNTY, COLORADO a.ys;va mgr k..,mx,w.erz.cn: November 23, 1998 1 111111 "III 111'11111111111 IIII IIIIIIII 1II (1111 II1I IIII 678174 12/01/1998 04:43P 370 Sara Fisher 70 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 2: DEFIAT17ONS 2 -770. DEFINITIONS LYNX OCCUPIED HABITAT means areas above eight thousand (8,000) feet in elevation that are known to contain lynx by the documented discovery of lynx tracks within five (5) years, that contain diverse old growth forest with alternate stands of conifers, or aspen with shrubby openings, and abundant snowshoe hare habitat. MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER TREATMENT SYSTEM means (1) the expansion of existing domestic water treatment capacity or storage; or (2) any extension of existing water supply systems to serve an additional development density of ten (10) or more residential dwelling units, or the equivalent thereof in other uses. MAJOR EXTENSION OF AN EXISTING SEWAGE TREATMENT SYSTEM means any modification of an existing sewage treatment plant to increase hydraulic capacity or upgrade treatment capability or any extension of existing main sewer lines or any increase in capacity of existing main sewer lines or any extensions to serve a total development density of ten (10) or more dwelling units or the equivalent thereof in other uses. MAJOR NEW DOMESTIC WATER SYSTEM means a system for provision to the public of piped water for human consumption or a system for the provision to the public of piped water which will be used in exchange for water for human consumption, if such system is proposed to serve a total development density of ten (10) or more dwelling units or the equivalent thereof in other uses: MAJOR NEW DOMESTIC SEWAGE TREATMENT SYSTEM means a new sewage treatment system and collector system capable of treating the wastewater generated by ten (10) or more residential dwelling units, or the equivalent thereof in other uses. MANAGING BODY means the collective body, agency or association within a Planned Unit Development (PUD) responsible for the review of design standards for compliance with the Planned Unit Development (PUD) Covenants. The managing body may include but not be limited to a Homeowner's Association, Design Review Board or Architectural Control Committee. MANUFACTURED HOME means a factory built dwelling that is manufactured or constructed to comply with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 and is to be used as a place for human habitation. MASS GATHERINGS means rock festivals, religious revivals, river races and similar activities having an expected attendance of more than five hundred (500) persons. MASTER PLAN means a compendium of reports, charts, graphs, drawings, maps or plans as may be adopted, or any portion thereof or any amendment thereto, that set forth recommendations and policies for guiding future growth and development, while providing for the public's health, safety and general welfare. The Eagle County Master Plan, adopted by the Eagle County Planning Commission on January 3, 1996, is the officially adopted master plan for Eagle County. The Eagle County Master Plan also incorporates community and sub area plans adopted for particular areas of the County and functional plans, such as the Open Space Plan, Eagle River Watershed Plan, Housing Plan, and the Trails Plan, addressing particular issues of concern to the County. LAND USE REGULATIONS 2 -29 EAGLE COUNTY. COLORADO P„ wa,. ,,m n m.a,r.,u.wrz.co:November23, 1998 I I11111111111111 1111111111111 11111 111 IN 11111111 111 111 IN III 678174 12/01/1998 04:43P 370 Sara Fisher 71 of 405 R 0.00 0 0.00 N 0.00 Eagle CO 'x �d a ARTICLE 2: DEFINMONS 2 -110. DEFINITIONS MATERIALS- RECOVERY FACILITY means a facility designed to receive and process recyclable materials. MATERIALS RECYCLING FACILITY means a central operation where commingled materials designated for recycling from residential and other users are sorted and processed for market. MINIMUM means the lowest acceptable limit in design, standard, material, or specification. MOBILE HOME means any wheeled vehicle without motor power, capable of being drawn by a motor vehicle, built on a permanent chassis designed for long term residential occupancy or temporary office use and containing electrical, plumbing and sanitary facilities and designed to be installed in a permanent or semi - permanent manner. MOBILE HOME PARK means any parcel of land or portion thereof used for location of three (3) or more mobile homes for human habitation. MOBILE HOME SPACE means a plot of ground within a mobile home park designed for accommodation of one (1) mobile home or camper vehicle. MOTEL means a group of attached or detached buildings containing individual sleeping and /or living units, designed for or used temporarily by tourists or transients, with garage or parking spaces adjacent to or near each rental unit. MULE DEER MIGRATION CORRIDORS means the routes mule deer use to migrate between their summer ranges and winter ranges. MULE DEER SEVERE WINTER RANGES means that area that because of its physical characteristics (such as low elevation, minimum snowpack, or physical barriers either natural or man -made) provides mule deer sufficient food and cover (habitat) during the most difficult months (when there is maximum snowpack or minimum temperatures) of the most severe winters (the worst two [2] winters out of ten [101). MULE DEER STAGING AREAS means those areas where mule deer concentrate prior to migration to winter ranges. Staging areas provide solitude to mule deer prior to migration, which reduces stress and allows for undisturbed feeding prior to migration to lower elevations. The onset of migration out of staging areas is due to snowfall. MULE DEER WINTER CONCENTRATION AREAS means those lands in Eagle County that because of their slope, aspect, elevation and vegetation, including cover, are capable of providing mule deer sufficient food and cover (habitat) to survive the most difficult months of average winters. In Eagle County, the densities of mule deer in winter concentration areas are twice as great as those in the winter ranges in the average five (5) winters out of ten (10). MULE DEER WINTER RANGES means those lands typically used by mule deer through all or nearly all of the winter season for foraging and for shelter from severe weather conditions. 1 111111 11III 1111111 11III 111 IIII 1111111111111III I'll 1111 678174 12/01/1998 04:43P 370 Sara Fisher 72 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -30 EAGLE COUNTY. COLORADO �a.vsivamim.�no-as�•�uw+r -:.m: November 23, 1998 111111 IIIII 1111111 I1'"��11 IIII IIIIIIII III IIIII III 678174 12/01/1998.: 43P 370 Sara Fisher 73 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2.• DEFIMTIONS 2 -110. DEFINITIONS MULTI - HOUSEKEEPING -UNIT DWELLING UNIT means a dwelling unit with not more than five (5) bedrooms which is occupied by no more adults than the number of bedrooms in the dwelling unit and whose occupants do not, or which is intended for occupancy by persons who do not, act as a single housekeeping unit. MULTIPLE BUSINESS SHOPPING OR BUSINESS CENTER means a building, lot or series of lots designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own public entrance, but overall the businesses are physically related and operated as a group. MUNICIPAL OR INDUSTRIAL WATER PROJECT means a system and all integrated components thereof through which a municipality and /or industry derives its water supply from either surface or subsurface sources. This includes a system and all integrated components thereof through which a municipality or industry derives water exchanged or traded for water it uses for its own needs. This term also includes stormwater and wastewater disposal systems of a municipality and /or industry. NATURAL GAS TRANSMISSION PIPELINE means any pipeline and appurtenant facilities that are capable of transporting natural gas from a gathering line or storage facility to a distribution center or storage facility or which operates at a hoop stress of twenty (20) percent or more of the Specific Minimum Yield Strength (SMYS), as calculated according to Part 192.105 of The Department of Transportation Regulations for the transportation of natural and other gas pipeline. NEIGHBORHOOD SUBSTATION means any facility used for the purpose of reducing voltages to levels of sixty-nine (69) kilovolts or less, for distribution to individual users. NET DEVELOPABLE LAND, see "developable land ". NEW TECHNOLOGY DEVICE means a wood burning device that meets or exceeds the emissions standards for certification of Phase 11 appliances identified by the Environmental Protection Agency in Federal Regulation 40 CFR Part 60, as amended (this includes most pellet stoves). NONCONFORMING LOT means any lot which was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which does not conform to the standards of these Land Use Regulations for the zone district in which the lot is located regarding minimum lot area. NONCONFORMING STRUCTURE means any structure or use of land which was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which does not comply with the standards of these Land Use Regulations for the zone district in which the structure is located. NONCONFORMING USE means any use of a structure or land which was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which use is not designated in these Land Use Regulations as an allowed use, a use allowed by special review or a use allowed by limited review in the zone district in which the use is located. LAND USE REGULATIONS 2 -31 EAGLE COUNTY, COLORADO .:i.estv,,wcft,.nw,ww,u r -2.co: November 23, 1998 _s l AMCLE 2, DEFIMIIONS 2 -110. DEFIMT/ONS OFFICE means a room or a series of rooms where business, professional or governmental services are made available to the public. Office includes a business office occupied by those such as Realtors, travel agents, advertising agents, insurance agents, brokerage houses and lenders, and a professional office occupied by those such as physicians and other health care professionals, dentists, lawyers, architects, engineers, accountants and other professionals. An office that is part of, and located within, another principal use is considered to be accessory to the firm's primary activity. The business location of a builder, or other person who performs services off -site is an office (unless it occurs within a home and meets the definition of a home occupation or home business), provided equipment and materials are not stored on -site and fabrication and similar services are not conducted on -site. OFFICIAL ZONE DISTRICT MAPS means that set of maps that depict the location and boundaries of zone districts in Eagle County. The maps shall be signed by the Chairman of the Board of County Commissioners and shall show the date of their adoption. OPEN SPACE means any specifically designated or dedicated land area that may be used for park, agricultural, recreation or conservation opportunities. Construction within open space is limited to foot paths, bridges, irrigation structures, erosion protection devices, underground utilities, outdoor recreation facilities, and similar type uses. Ownership of open space may be deeded to a property owner's association, dedicated to the public, or protected in other forms deemed acceptable to the Board of County Commissioners. Indoor recreation facilities shall not be included in open space. OPEN SPACE, AGRICULTURAL means lands utilized for farm or ranch as defined in §39 -1 -102 CRS. OPEN SPACE, CONSERVATION means lands utilized for conserving or preserving environmentally sensitive areas. OPEN SPACE, PARK, see "PARK." OPEN SPACE, RECREATION means lands utilized for both passive and active leisure time activities. OPEN SPACE, USABLE means the open space of a subdivision or other development designed for use as common areas, including, but not limited to parks, recreation areas, gardens, paths, walkways and trails. The term shall not include space devoted to streets and parking and loading areas, areas with slopes greater than thirty (30) percent, or land under water, but may include lands within critical wildlife habitat areas, riparian areas and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space. OUTFITTER AND GUIDE means all commercial outfitting operations involving services for accommodating guests, transporting persons, and providing equipment, supplies and materials. It also includes commercial guiding activities wherein the guide furnishes personal services or serves as a leader or teacher. Outfitter and guide shall not include riding stables or retail sales, unless the underlying zone district specifically allows said uses, or unless the sales are incidental to the outfitter and guide service. PARKING, OFF - STREET means an area on the subject lot or in a common assigned parking area that is maintained in an accessible and unobstructed condition for parking of vehicles by the residents, visitors, employees and customers of uses occupying the lot. i LAND USE REGULA77ONS 2 -32 EAGLE COUNTY, COLORADO November 23, 1998 1111111111111111111111111111111111111111 IN IIIIIIII III 111111 III IN 678174 12/01/1998 04.43P 370 Sara Fisher 74 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2• DEFINITIONS 2 -110. DEFINITIONS PARK means land retained in an open condition for recreation use; it may be improved with playground apparatus, tennis courts, picnic areas, riding or hiking trails, recreation fields, swimming pools and similar facilities. PATIO means an area that adjoins a building, has an impervious surface, is open to the sky (roofless), has no railings, walls, fences or other enclosures, and is not more than six (6) inches above grade and is not located over any basement or story below. PEREGRINE FALCON NEST SITE means the bed or receptacle prepared by the peregrine falcon for its eggs and young. Generally, peregrine falcon nest sites occur on steep cliff faces, two hundred (200) to three hundred (300) feet in height, in close proximity to open riparian areas. PERMIT means a document issued by Eagle County granting permission to perform an act or service which is regulated by the County. PERSON /PERSONS means an individual or group of individuals, a corporation, a firm, a partnership, • limited liability company, an association, a social or fraternal organization, an estate, a trust, a receiver, • syndicate, a city, town, state agency or other branch of government, or any other group or combination acting as a unit. PLANNING STAFF means a person(s) employed by Eagle County in the Department of Community Development, Division of Planning. PLAT or PLATTED means and refers to a land survey plat prepared in accordance with these Land Use Regulations, or their predecessor regulations, which is approved by the Board of County Commissioners as an exemption plat, planned unit development plat or subdivision plat and filed for record with the Clerk & Recorder. PRIMARY WOOD PROCESSING means the processing of wood for fence posts, corral posts, cabin logs, and other similar type uses. PROCESSING, see "Industrial Operations ". PUBLIC BUILDING means a building operated and occupied by a governmental agency for the purpose of carrying out official duties. PUBLIC IMPROVEMENT means any improvement, facility or service, together with the associated site or right -of -way and appurtenances thereto, necessary to provide for public needs. 1. Ownership. Public improvements may be owned by a governmental agency and may be leased to a private entity to provide the service or operate the entity. Conversely, government may lease a private facility to carry out a public function. In both cases, the improvements or facilities would still be considered public improvements. 111111111111111111111111111111111 IN IIIIIIII III Iiilii 1111111 678174 12/01/1998 04:43P 370 Sara Fisher 78 of 408 R 0.00 0 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -33 EAGLE COUNTY, COLORADO ci.rsrvamu. ""4 "grnm.uxnzm: November 23, 1998 AR77CLE 2: DEFINMONS 2 -110. DEFIA 17ONS 2. Scope of Public Improvements. The scope of public improvements associated with any particular development shall be determined by the Board of County Commissioners prior to approval of the final plat and any associated public improvements agreement.. PUD GUIDE means a formal document that establishes the permitted land uses and restrictions within a planned unit development (PUD). RECREATIONAL VEHICLE means a pickup camper, motor home, travel trailer, tent trailer or similar mobile unit that has wheels, is intended to be transported over streets, roads and highways as a motor vehicle or attached to a motor vehicle, and is designed primarily for use as a temporary unit for human occupancy. Recreational vehicles shall be used for human occupancy only when located within a lawful recreational vehicle park or campground, except that any recreational vehicle may be inhabited on private property for no more than five (5) days within a thirty (30) day period. .RECREATIONAL VEHICLE PARK means any lot or parcel of ground upon which two (2) or more recreational vehicle sites are located, established or maintained on a short term or seasonal basis as temporary dwelling or sleeping accommodations. RECYCLABLE MATERIALS means a type of material that is capable of being re -used or recycled, and is intentionally separated from a waste stream for processing or re- manufacture. RECYCLING COLLECTION OR DROP OFF CENTER means a centralized collection location to drop off designated recyclable materials. RECYCLING OPERATION means a separate facility, at which recyclable materials may be separated from other materials for further processing or marketing. A business in which automobile or other mechanical parts are salvaged and re -sold or recycled shall also be considered a recycling operation. REPAIR, see "Industrial Operations ". RESORT RECREATIONAL FACILITY means dude ranch, boating base camp, hunting or fishing camp, cross - country or trail skiing lodge or other similar facility for the purpose of recreation or education which provides lodging, recreational activities, dining facilities, parking, storage facilities and restrooms or other needs operated on the site for guests or members. RESERVOIR means a natural or man -made pond, lake or basin, designed to contain ten (10) or more acre feet of water that is used for the storage, regulation and control of water. RETAIL SALES means an establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. 111111111111111111111111111 IN IIIIIiII III 111111 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 76 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -34 EAGLE COUNZY, COLORADO a.ysiv mu.uo-aso-iuuxrzro: November 23, 1998 9 D 7 x ate" AR77CLE 2: DEFIAMONS 2 -110 DEF /NITIONS RIDGELINE is defined in the following illustration: Ridgeffne means those lands at the crest, or top of a ridge, hillside or mesa and those along the shoulder (that is, the outside edge) of a ridge, hillside or mesa, as viewed from Interstate 70. These rfdgeffnes are the visual lines at which the ground and the sky appear to meet. Ridgeline does not include intermediate ridges (those that are not the highest ridge on a hillside or mesa) that are viewed from Interstate 70 with a hillside or mesa as their backdrop. eme.n 1NE SECTIONAL ANALYSIS oanni r, eNei vsl¢ TE RIDGE RIDGELINE INTERMEDIATE RII INTERMEDIATE RID DGEt1NE TE RIDGE 111111111111 11111'1 11111 III IN IIIIII'I 11111111111111111 PIAN VIEW 678174 12/01/1998 04:43P 370 Sara Fisher 77 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USEREGULA77ONS �a,yszv,:mim..o-o-oso-ieuxrz.m: November 23, 1998 2 -35 EAGLE COUNTY, COLORADO ARTICLE 2: DEFINITIONS 2 -110. DEFINITIONS RIDING STABLE means an establishment that has available for rent or lease four (4) or more animals for periods of twenty-four (24) hours or less, or in return for compensation, gives lessons to develop horsemanship. RINGLEMAN CHART means a device used to measure the opacity of smoke emitted from stacks and other sources. RIPARIAN AREA means the area located between the water's edge of aquatic ecosystems (rivers, streams, lakes, ponds, springs and seeps) and upland areas, whose soils allow for or tolerate a high water table and provide sufficient moisture in excess of that otherwise available locally so as to provide a more moist habitat than that of contiguous floodplains and uplands. Riparian areas are composed of interacting assemblages of plants, animals and aquatic communities whose presence is either directly or indirectly attributed to water - influenced or water - related factors. Riparian areas produce a diversity of vegetative forms, sizes and species and a density of vegetation that makes them among the most productive habitats for wildlife. Areas exempt from this definition are manmade agricultural structures and devices such as irrigation ditches, sprinklers, and artificial ponds. ROAD OR STREET means a way or right -of -way reserved for public or private use (other than an alley) that also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for drainage or utility access to adjacent properties. Road or street may include the terms: avenue, drive, highway, lane, place, or other similar designation. ROCKFALL HAZARD AREA means areas of either active or potential falling, rolling or sliding of large bedrock blocks. RURAL CENTER means those lands in unincorporated Eagle County that are established and recognized as being smaller residential centers, with lesser densities than are found in Community Centers, or that have been designated on the Future Land Use Map (FLUM) of the Eagle County Master Plan as being appropriate to become such centers. SAGE GROUSE PRODUCTION AREAS means the areas where sage grouse mating and reproduction activities occur. These areas generally occur in low sage brush canopy areas where the sage grouse traditionally display, breed, nest, hatch and nurture their young. These areas are closely associated with wet areas, i.e., meadows, springs, ponds and their drainages, where there is a high concentration of insects. These areas also include healthy stands of forbs, grasses, and denser sagebrush used for nesting and cover. SANITARY LANDFILL means an area of land or an excavation where solid wastes are placed for final disposal that conforms to all applicable State and Federal requirements. SETBACK means the area prescribed by an imaginary line extending across the lot, parallel with the adjacent lot line and within which no building or structures shall be constructed, except as specifically permitted by these Land Use Regulations. 1 111111 "III "1'111 11111 111 IN III'I"I 111 111111 III 1111 678174 12/01/1998 04:43P 370 Sara Fisher 78 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -36 _ EAGLE COUNTY, November 23, 1998 _� p3 ARTICLE 2: DEFIM77ONS 2 -110. DEFINITIONS SIGN means any letters, figures, design, symbol, trademark, illuminating device, or other device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, and painted, printed, constructed or displayed in any manner. 1. CONSTRUCTION SIGN means a temporary sign identifying a subdivision, development, or property improvement by a builder, contractor, or other person furnishing materials, labor, or services to the premises. 2. DIRECTIONAL SIGN means any sign on a lot that directs the movement or placement of pedestrian or vehicular traffic, without reference to, or inclusion of, the name of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the same. DIRECTORY SIGN means a sign listing the tenants or occupants of a building or group of buildings that may state their respective professions or business activities. 4. IDENTIFICATION SIGN means a sign or symbol (i.e., nameplates or plaques) that identities a person, building, street name or address, landmark, or natural feature. 5. ILLUMINATED SIGN means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. 6. PERMANENT SIGN means a sign constructed of durable material and affixed, lettered, attached to or placed upon a fixed, non - movable, non - portable supporting structure. 7. PORTABLE SIGN means a sign on a self - contained stand located and used for commercial or non - commercial purposes, that is not permanently affixed to a post, wall, fence, building or other structure. 8. RESIDENTIAL BUILDING, LOT OR OCCUPANT IDENTIFICATION SIGN means a sign containing no commercial information, identifying the owner or occupant of a dwelling unit, tract, or parcel of land that is devoted primarily to residential or agricultural use. 9. TEMPORARY SIGN means a sign that relates to a single event erected not more than thirty (30) days prior to the event to which it relates, such as a farm auction, sale of agricultural products, and bona fide grand openings. A sign shall be considered temporary if displayed for less than thirty (30) days during a ninety (90) day period. 10. WINDOW SIGN means a sign that is affixed or attached to, or located within thirty -six (36) inches of the interior of a window and which sign can be seen through the window from the exterior of the structure. SIGN CODE ADMINISTRATOR means the appointed member of the Community Development Department responsible for the administration of the sign regulations. LAND USE REGULATIONS 2 -37 EAGLE COUNTY, COLORADO n„ �. mm ,.,o-uvyoauuaT.2.Cn: November 23, 1998 111111111111 Iillill 11111 III IN 11111111 III 111111 III 1111 678174 12/01/1998 04:43P 370 Sara Fisher 79 of 405 R 0.00 D 0.00 N 0.00 Eagle CO u I ARTICLE 2: DEFIATHONS 2 -II0. DEFIMTIONS SIGN HEIGHT means the vertical distance from the average finished grade below the sign (excluding berming) to the highest point on the sign structure. SIGN PERMIT means a permit issued for the erection, construction, enlargement, alteration, improvement or conversion of any sign, issued pursuant to these regulations. SIGN WITH BACKING means any sign that is displayed upon, against, or through any material or colored surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. SIGN WITHOUT BACKING means any word, letter, emblem, insignia, figure, or similar character, or group thereof that is neither backed by, incorporated in, or otherwise made a part of any larger display area. SKI AREA means an area developed for snow skiing, providing facilities associated with alpine or nordic skiing, including but not limited to ski trails, lifts, operational and maintenance facilities, equipment storage, snowmaking facilities, restaurants, warming huts and ski schools. A ski area may be part of a ski resort, that provides base area facilities including, but not limited to hotels, motels and dwellings, retail establishments and year -round recreational uses. SLOPE means the change in vertical elevation of a property over a specified horizontal distance, measured between contour intervals. Slope shall be stated as a percentage or ratio. SLUDGE means the accumulated solids resulting from processing wastewater in a treatment plant. SPORTS COMPLEX means a recreation or amusement center that contains multiple recreation facilities. Sports complex includes fair or rodeo grounds, regional ball field complexes, community recreation centers, commercial amusement centers and similar facilities. STORAGE, see "Industrial Operations ". STREAM means a watercourse having a natural source and terminus, banks and channel, through which waters flow at least periodically. Stream includes creeks and other flowing waters that are tributary to a river. Man -made irrigation ditches are excluded from this definition. STREET FRONTAGE means the distance along any property line of a lot that is also the boundary line of a public street, road or highway right -of -way. STRUCTURE means any building, carport, deck, fence, gazebo, pole, antenna, satellite reception or transmission device, storage tank, tower, bridge, dam, culvert, pier, or any other construction or erection, except uncovered porches, slabs, patios, decks, walks, steps that do not exceed thirty (30) inches above grade and streets, walks, trails or driveways. STUDIO FOR ARTS AND CRAFTS means the workshop of an artist, sculptor, photographer, craftsperson, or organization. 1��111 1�111 ��1�111 1�111 111 I��� III�I��I III II�III 1111111 678174 12/01/1998 04:43P 370 Sara Fisher 80 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 -38 EAGLE COUNTY, COLORADO rmysmmmnrm+usinmuxr -zco: November 23, 1998 ARTICLE 2: DEFINITIONS 2 -110. DEFINITIONS v,> SUBDIVISION OR SUBDIVIDED LAND means a parcel of land in unincorporated Eagle County that is divided into two (2) or more lots, tracts, sites, parcels, separate interests, interests in common or other division, unless exempted by § 30 -28 -110, CRS. The terms "subdivision" and "subdivided land," above, shall not apply to any division of land which creates parcels of land each of which comprises thirty-five (35) or more acres of land and none of which is intended for use by multiple owners. Unless the method of disposition is adopted for the purpose of evading the County Land Use Regulation, the terms "subdivision" and "subdivided land," as defined above, shall not apply to any division of land: Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five (35) or more acres per interest; 2. Which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the board of county commissioners of the county in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of these regulations prior to entry of the court order; and, if the board does not file an appropriate pleading within twenty days after receipt of such notice by the court, then such action may proceed before the court; 3. Which is created by a lien, mortgage, deed of trust, or any other security instrument; 4. Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity; 5. Which creates cemetery lots; 6. Which creates an interest in oil, gas, minerals, or water which is severed from the surface ownership of real property; 7. Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of these Regulations as only one interest; 8. Which is created by the combination of contiguous parcels of land into one larger parcel. If the resulting parcel is less than thirty-five (35) acres in land area, only one interest in said land shall be allowed. If the resulting parcel is greater than thirty -five (35) acres inland area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five (3 5) or more acres per interest. Easements and rights -of -way shall not be considered interests for purposes of this subparagraph 8. 9. Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county regulations, the land which he is to acquire pursuant to the contract; LAND USE REGULATIONS 2 -39 EAGLE COUNTY, COLORADO n=,mo, Cn.N, "os,.,mu -- 2.Co:November23, 1998 1111111 Hill 111111111111111 IN IIIIIIII III 111111 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 81 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 2., DEFINQ70NS 2 -110. DEFINITIONS 10. Which creates a cluster development pursuant to §30 -28 -401 Colorado Revised Statutes. SUBSTANTIAL CHANGE means either a change in (1) land use category; (2) site design which increases or decreases (a) the number of dwelling units, (b) the number of structures of a size or nature requiring a building permit, (c) the minimum or maximum square footage of structures if a minimum or maximum has been specified in a permit or approval, (d) projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change, or (e) the size of the land which is the subject of the permit or approval; (3) land use which creates or increases the incompatibility of the use of the subject land with the adjacent land uses; or (4) site design which changes the location of (a) uses, when multiple uses are provided on single lots or (b) improvements other than within an approved building envelope. TALUS SLOPE means areas of potential rockfall and small, localized debris flows. TELECOMMUNICATION FACILITIES means all devices, equipment, machinery, structures or supporting elements necessary to produce non - ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Facilities may be self supporting, guyed, mounted on poles, other structures, light posts, power poles or buildings. Telecommunication facilities includes radio, television, telephone and microwave towers or antennas for commercial transmission to consumers. TRANSFER STATION FOR SOLID WASTE means a facility at which refuse, awaiting transportation to a disposal site, is transferred from one type of containerized collection receptacle to another, or is processed for compaction. TRANSPORTATION SERVICES means establishments furnishing passenger ground transportation, including taxicabs, vans, transportation charter services and similar entities. TRUCK STOP means an establishment in which the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor vehicle fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include a restaurant. UPLAND AREAS means lands found at a higher elevation than adjacent riparian areas or aquatic ecosystems that do not share the soil or vegetation characteristics of those ecosystems. USE means the purpose or function for which a lot, structure or building is intended, designed or constructed or the activity that is carried on within said lot, structure or building. USE, TEMPORARY means any use of any parcel of land or building for a period of less than six (6) months, unless the duration of the use has been otherwise limited, pursuant to Section 5 -250, Special Uses. UTILITY DISTRIBUTION FACILITY means any gas or electric line other than gas transmission or electrical transmission line as defined herein, and telephone or telegraph line, cable television line, water line, sewer line, or neighborhood substations. LAND USE REGULATIONS 2-40 EAGLE COUNTY, COLORADO :.yneaammninsrnuuxr -z.m: November 23, 1998 I llllll lull lllllll lull Ill I'll llllllll Ill llllli 111 ll 678174 12/01/1998 04:43P 370 Sara Fisher 82 of 405 R 0.00 D 0.00 N 0.00 Eagle CO Ms ARTICLE 2• DEFINITONS 2 -110. DEFINITIONS UTILITY SUBSTATION means any facility designed to provide switching, voltage transformation or voltage control required for the transmission of electricity sixty -nine (69) kilovolts or greater. VETERINARY HOSPITAL means a place where animals are given medical care and boarding of animals is limited to short term care that is incidental to the hospital stay. WAREHOUSE means a building used primarily for long or short term storage of goods and materials at which no sales activity, or only limited sales activity, to customers occurs. WATER IMPOUNDMENT means an impoundment of water, including surface runoff, stream flow, extracted ground water and water as a by- product of extraction or processing of mineral resources, energy generation or agricultural, municipal, or industrial water supply or sewage treatment installation that is designed to contain at least one (1) acre foot but less than ten (10) acre feet, or a number of smaller impoundments on one (1) lot with an aggregate capacity of at least one (1) acre foot, but less than ten (10) acre feet. WATER STORAGE FACILITY means any enclosed impervious structure, capable of holding five thousand (5,000) gallons or more, either above or below ground and that is used to store water for public consumption or fire protection. WATER TREATMENT FACILITY means any structure designed for the provision of such treatment processes that render a water supply potable and that processes a capacity of five thousand (5,000) gallons per day or more. WHOLESALE OUTLET means an establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as an agent or broker that buys merchandise for or sells merchandise to such individuals or companies. WOOD BURNING DEVICE means an appliance or structure designed for or capable of burning wood or wood by products, including a conventional open - hearth fireplace or wood stove. Wood buming device does not include cook stoves, furnaces, or boilers. YARD is defined in the illustrations on the following page: LAND USE REGULATIONS =�wuuominr<m :�arneuerzeo: November 23, 1998 1 111111 11111 1111111 11111 III 1111 IIIIIIII III 177711 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 83 of 405 R 0.00 D 0.00 N 0.00 Ea91e CO 2-41 EAGLE COUNTY, COLORADO _3 ARTICLE 2: DEFINITIONS 2 -110 DEFINTIIONS YARD means open space on the lot (olher than an interior court) unobstructed from the ground upward, except as otherwise provided in these Land Development Regulations. 1. FRONT YARD means a yard extending the full width of the lot between the front lot line and any point of a building facing that lot line; such distance to be known as the front yard. 1. REAR YARD means a yard extending the full width of the lot between the rear lot line and any point of a building facing that lot line; such distance to be known as the rear yard. 1. SIDE YARD means a yard extending the full width of the lot between the side lot line and any point of a building facing that lot line; such distance to be known as the side yard. VARIATIONS OF YARDS FRONT, SIDE k REAR YARDS FRONT, SIDE REAR YARDS FOR CORNER LOT USING ONE STREET ACCESS FRONT k REAR YARDS FOR CORNER LOT USING TWO STREET ACCESSES FRONT k REAR YARDS FOR CORNER LOT USING ONE STREET ACCESS LAND USE REGULATIONS 2 -42 EAGLE COUNTY. COLORADO " - --' November 23, 1998 111111111111111111111111111 IN 1111111111111 IIiI11111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 84 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3 111111111111111111111111111 IN IIIIIIIIIIIIII 1111111111111111 878174 12/01/1998 04.43P 370 Sara Fisher 85 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS ARTICLE 3 ZONE DISTRICTS TABLE OF CONTENTS PAGE DIVISION 3-1. GENERAL .................... ............................... 3 -1 Section 3 -100. Establishment of Zone Districts ......... ............................... 3 -1 Section 3 -110. Official Zone District Maps ........... ............................... 3 -1 Section 3 -120. Interpretation of Zone District Boundaries .. ............................... 3 -2 DIVISION 3 -2. PURPOSES OF ZONE DISTRICTS .... ............................... 3 -3 Section 3 -200. General ........................ ............................... 3 -3 Section 3 -210. Residential, Agricultural and Resource Zone Districts ......................... 3 -3 —r— Section 3 -220. Commercial and Industrial Zone Districts 3 -5 Section 3 -230. Planned Unit Development (PUD) Zone District ............................ 3 -6 Section 3 -240. Eagle -Vail PUD ................... ............................... 3 -6 DIVISION 3 -3. USE AND DIMENSIONAL STANDARDS .............................. 3 -7 Section 3 -300. Residential, Agricultural and Resource Zone Districts Use Schedule ................ 3 -7 Section 3 -310. Review Standards Applicable to Particular Residential, Agricultural and Resource Uses ... 3 -12 Section 3 -320. Commercial and Industrial Zone Districts Use Schedule ....................... 3 -46 Section 3 -330. Review Standards Applicable to Particular Commercial and Industrial Uses ........... 3 -52 Section 3 -340. Zone District Dimensional Limitations ... ............................... 3 -54 1111111111111111111 11111111 IN III1I11I 111 1111111 111111 678174 12/01/1998 04:43P 370 Sara Fisher 86 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULA77ONS 3 -i EAGLE COUNTY, COLORADO sAxy50bnmlNmukoB(e1NrN.PFi.W: N—r "23. /We ,r ARTICLE 3' ZONE DISTRICTS 3 -100 ESTABLISHMENT OF MEWS DIVISION 3 -1. I"DQ ARTICLE 3 ZONE DISTRICTS SECTION 3 -100. ESTABLISHMENT OF ZONE DISTRICTS A. Purpose. The purpose of this Article is to establish the zone districts and zone district overlays that regulate the type and intensity of land uses within. the unincorporated area of Eagle County. B. Division of County Into Zone Districts. The unincorporated area of Eagle County is hereby divided into the minimum number of zone districts necessary to achieve the compatibility of uses and character within each zone district, to implement the Master Plan and to achieve the purposes of these Land Use Regulations. C. Zone Districts Established. The following zone districts and zone district overlays are hereby established: 1. RMF. Residential Multi - Family 2. RSM. Residential Suburban Medium Density 3. RSL. Residential Suburban Low Density 4. RR. Rural Residential 5. AL. Agricultural Limited 6. AR. Agricultural Residential 7. RL. Resource Limited 8. R. Resource 11111111 IN IIIIIIII III 111111111 IN 9. BC. Backcountry 678174 12/01/1998 04 :43P 370 Sara Fisher 10. FH. Fulford Historical 87 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 11. CL. Commercial Limited 12. CG. Commercial General 13. I. Industrial 14. RC. Rural Center 15. PUD. Planned Unit Development 16. Eagle -Vail PUD. Eagle -Vail Planned Unit Development SECTION 3 -110. OFFICIAL ZONE DISTRICT MAPS A. Maps Established. The location and boundaries of the zone districts established by these Land Use Regulations are shown on the maps entitled 'Eagle County Official Zone District Maps ". The Official Zone District Maps and all explanatory materials contained thereon are hereby established and adopted as part of these Land Use Regulations, incorporated into these Land Use Regulations LAND USE REGULATIONS c:IxySJWata1(YenukaBU �.U�+aro: X--M , U. Ma 3 -I EAGLE COUNTY, COLORADO w.� ARTTCLE3: ZONEDISTTUCr 3720 7N7ERPREZATTON OF ZONE DIS77tlC!'BO NDARIES by reference and made a part hereof. The Official Zone District Maps shall be identified by signature of the Chairman of the Board of County Commissioners and bear the date of their adoption. B. Location. The Official Zone District Maps are filed in the Office of the County Clerk. A copy of the Official Zone District Maps is on display and available for inspection during normal business hours in the Community Development Department. C. Amendment. If, pursuant to Section 5 -230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map, an amendment is made to the Official Zone District Maps, such amendment shall be entered on the maps by the Community Development Director promptly following its adoption. A note shall be entered on the maps, indicating the number of the amending resolution and the date of its adoption. SECTION 3 -120. INTERPRETATION OF ZONE DISTRICT BOUNDARIES The Community Development Director shall be authorized to determine the precise location of any zone district boundaries shown on the Official Zone District Maps. The Community Development Director shall follow the procedures of Section 5 -220, Interpretations, and the rules of this Section in determining the precise location of zone district boundaries. A. Boundaries Follow Municipal or County Limits. Zone district boundary lines shown as following or approximately following municipal or county limits shall be construed as following such limits. B. Boundaries Follow Section Lines, Platted Lot Lines or Right -of -Way Center Lines. Zone district boundary lines shown as following or approximately following section lines or platted lot lines shall be construed as following such lines. Zone district boundary lines shown as following or approximately following a road, alley or railroad right -of way shall be construed to lie on the centerline of such right -of -way. Land Not Platted or Lot Divided By Zone District Boundary. For land which has not been platted, or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by scale of the zone district maps. 2. Vacated Right -Of -Way. Where a zone district boundary coincides with a right -of -way line and said right -of -way is subsequently vacated, the zone district boundary shall continue to follow the centerline of the former right -of -way. 3. Land Not Designated in Any Zone District. Land that is not part of a public right -of -way and that is not designated on the Official Zone District Map as being in any zone district shall be considered to be included in that adjacent zone district that is the most LAND USE REGULATIONS 3 -2 EAGLE COUNTY, COLORADO ci „ymvem<n<„o-�oarnmunr.w: ry v<me<.v, reve (777777 77777 lllllli 77777 llI IIII llllllll III 7777777 Il IN 678174 12/01/1998 04:43P 370 Sara Fisher 88 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3 • ZONE DISTRICTS 3 -200. GENERAL restrictive with regard to minimum lot area standards, even when such zone district is separated from the land in question by a public right -of -way. C. Boundaries Follow Streams.or Rivers. 'Lone district boundary lines shown as following or approximately following the centerline of streams, rivers or other continuously flowing watercourses shall be construed as following the channel of such watercourse. In the event of a natural change in the location of such stream, river, or other watercourse, the zone district boundary shall be construed as moving with the channel. In any instance where the channel moves beyond the Eagle County limits, the zone district boundary shall remain coterminous with the County limits. DIVISION 3 -2. PURPOSES OF ZONE DISTRICTS SECTION 3 -200. GENERAL This Division specifies the purpose and intent of the zone districts established by these Land Use Regulations. The zone districts have been organized into three broad classifications. These are: (1) residential, agricultural and resource zone districts, (2) commercial and industrial zone districts, and (3) planned unit development (PUD) district. SECTION 3 -210. RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS A. Residential Multi- Family (RAM. The purpose of the Residential Multi- Family (RMF) zone district is to provide for higher density residential development within the County's community centers, where transportation facilities, necessary infrastructure and employment opportunities are already available. This is accomplished by permitting development of single - family, duplex and multi - family residences on lots of six thousand (6,000) square feet or larger and by setting maximum lot coverage and maximum floor area standards appropriate for such uses and lots. The zone district also permits the development of small, convenience -type commercial uses to serve the neighborhood. B. Residential Suburban Medium Density (RSM). The purpose of the Residential Suburban Medium Density (RSM) zone district is to provide for moderate density residential development within the County's community centers, where transportation facilities, necessary infrastructure and employment opportunities are already available. This is accomplished by permitting development of single - family, duplex and multi - family residences on lots of eight thousand (8,000) square feet or larger and by setting maximum lot coverage and maximum floor area standards appropriate for such uses and lots. The zone district also permits the development of small, convenience -type commercial uses to serve the neighborhood. C. Residential Suburban Low Density (RSL). The purpose of the Residential Suburban Low Density (RSL) zone district is to provide for relatively low density residential neighborhoods within and at the periphery of the County's community centers and rural centers. This is accomplished 3 LAND USE REGULATIONS 3 -3 EAGLE COUNTY, COLORADO _ :.ytovoni,u..a�ainvuer -i.co: nm.,a.,v. i�a 111111111111111 IN 11111111111 HIM II IN 678174 12/01/1998 04:43P 370 Sara Fisher 89 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARI7CLE 3: ZONE DISTRICTS 3 -210 RESRJEN77AL AGRICULTURAL AND RESOURCE by permitting development of single - family, duplex and mulii- family residences on lots of fifteen thousand (15,000) square feet or larger and by setting standards that limit the maximum lot coverage and maximum floor area of structures. D. Rural Residential (RR). The purpose of the Rural Residential (RR) zone district is to serve as a transition area between the denser development found in towns, community centers and rural centers and the lower densities found in the County's agricultural and resource areas. This is accomplished by permitting development of single - family dwelling units on lots of two (2) acres or more, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. E. Agricultural Limited (AL). The purpose of the Agricultural Limited (AL) zone district is to maintain the rural character of areas outside of the County's towns, community centers, rural centers and resorts, while allowing for some appropriate residential development. This is accomplished by permitting development of single - family dwelling units on relatively larger lots of five (5) acres or more, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. F. Agricultural Residential (AR). The purpose of the Agricultural Residential (AR) zone district is to maintain the rural character of outlying areas of Eagle County, while allowing for compatible low density residential development. This is accomplished by permitting development of single - family dwelling units on relatively larger lots of ten (10) acres or more, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. G. Resource Limited (RL). The purpose of the Resource Limited (RL) zone district is to protect areas of Eagle County that contain valued natural resources and agricultural uses, while allowing some relatively low density development to occur. This is accomplished by permitting development of single - family dwelling units on relatively larger lots of twenty (20) acres or more, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. H. Resource (R). The purpose of the Resource (R) zone district is to maintain the open rural character of Eagle County and to protect and enhance the appropriate use of natural resources and agricultural uses in the County including water, minerals, fiber and open land. This is accomplished by limiting residential development to very low density single - family uses on lots of thirty -five (35) acres or larger, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or ranch land, and by limiting new commercial development to uses that have a resource orientation and to small recreation areas that comply with Master Plan policies for such uses. LAND USE REGULATTONS raxy&1WOmk4'mnlm8k14/htQT -3. W; NavuMrr H. Im 3 -4 II'III VIII 1111111 VIII 111 IIII IIIIIIII III 1111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 90 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY, COLORADO AR27CTE3: 70AEDISTRIM 3 -220 COMMERCIAL AND INDUSTRIAL f I. Backcountry (BC). The purpose of the Backcountry (BC) zone district is to preserve and enhance the unique character of Eagle County's remote and unspoiled natural areas for the benefit of all residents. The Backcountry (BC) zone district has been applied to all wilderness lands located within Eagle County so as to: (1) protect and regulate the appropriate use of natural resources found in these areas, including water, wetlands, minerals, fiber, open space, wildlife, wildlife habitat, airsheds, watersheds, and aesthetics; (2) protect these lands against air, noise and water pollution, destruction of scenic beauty, disturbance of the ecology and environment; and (3) avoid geologic, wildfire and flood hazards. J. Fulford Historical (FH). The purpose of the Fulford Historical (FH) zone district is to provide for limited residential development within the existing historical Townsite of Fulford, while preserving the rural character of Eagle County. Commercial uses are not permitted within the zone district, but arts and crafts operations that retain the residential character of the Townsite are permitted, pursuant to Section 5 -250, Special Uses. SECTION 3 -220. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS A. Commercial Limited (CL). The purpose of the Commercial Limited (CL) zone district is to provide for the range of commercial uses needed to meet the daily or frequent shopping needs of neighborhood residents in the immediate area. Uses permitted in this zone district are limited to those listed under the retail, restaurant, personal service and office categories of the use schedule and generally exclude those listed under the industrial, service - commercial and wholesale categories of the use schedule. B. Commercial General (CG). The purpose of the Commercial General (CG) zone district is to provide for the broad range of commercial operations and services required for the proper and convenient functioning of commercial centers serving the larger regions of the County. Uses permitted in this zone district include those listed under the retail, restaurant, personal service, office and industrial, service - commercial and wholesale categories of the use schedule. C. Industrial (1). The purpose of the Industrial (I) zone district is to provide appropriate areas for light and general industrial and service businesses, in locations where conflicts with residential, commercial and other land uses can be minimized. Uses permitted in this zone district include primarily those listed under the industrial, service - commercial and wholesale categories of the use table. D. Rural Center (RC). The purpose of the Rural Center (RC) zone district is to recognize and provide for existing small residential centers or crossroads developments. Uses permitted in this zone district include relatively moderate to lower density residential uses and convenience- oriented commercial uses that serve the needs of residents in the surrounding area and visitors and other passers -by. 1 111111 11111 11111111111111111 IN 11111111111 1111111 11 1111 678174 12/01/1998 04:43P 370 Sara Fisher 91 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -5 EAGLE COUNTY. COLORADO _... =i.ysoaommunni.pmr✓.uera.co; no., a., zr, isws x ARTICLE 3: ZONE DISTRICTS -2 0 P a NNF'D UNIT DEVELOPMENT SECTION 3 -230. PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT The purpose of the Planned Unit Development (PUD) zone district is to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations. This is done through the application of performance standards that: A. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary commercial, recreational, and educational facilities are conveniently located in relation to housing; B. Efficient Land Use Patterns. 'Establish land use patterns that promote and expand opportunities for public transportation and for efficient, compact networks of streets and utilities that lower development and maintenance costs and conserve energy; C. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural hazard areas; D. Maintain Water Quality. Maintain and enhance surface and ground water quality and quantity in Eagle County; E. Contribute to Trails System. Improve and enhance the County's multi -use trail system and maintain access to public lands and rivers; F. Incentives for Affordable Housing. Establish incentives for applicants to assure that long term affordable housing will be developed; and G. Achieve Master Plan. Ensure that the purposes of the Eagle County Master Plan and these Land Use Regulations are achieved; and H. Air Quality. Maintain and enhance air quality in Eagle County; and I. Wildlife. Protect and maintain critical wildlife habitat and migration corridors. SECTION 3 -240. EAGLE -VAIL PUD The Eagle -Vail PUD is considered a separate zone district and a copy of the Eagle -Vail PUD Guideline is attached hereto as Appendix B, and incorporated herein by reference. The provisions of these Land Use Regulations shall not affect the validity of the Eagle -Vail PUD. .LAND USE REGULATIONS 3 -6 EAGLE cI4yWWOto1 ,4'enh4oglelNiWfT -3.CO; A'a.xm5ei ]3, Ifl18 I"III "III "1'111 "'II 111 IN III'I"I II' II'I'I' II IIIIIIII 678174 12/01/1998 04:43P 370 Sara Fisher 92 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONED757RICTS 3 -300 RESID. AGRI. & RESOURCE USE SCHEDULE DIVISION 3 -3. USE AND DIMENSIONAL STANDARDS SECTION 3 -300. RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCIIEDULE Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule ", categorizes the uses that are applicable to the County's resource, agricultural and residential zone districts. The table utilizes the following symbols: A. Use By Right. "R" indicates uses that are uses by right. The Community Development Director shall verify that development of a use by right complies with all applicable provisions of these Land Use Regulations, pursuant to Section 5 -2100, Certificate of Zoning Compliance. B. Special Review Uses. "S" indicates uses that are allowed, subject to Special Review. The Planning Commission shall make a recommendation and the Board of County Commissioners shall conduct a public hearing to determine whether the special use complies with all of the standards and requirements of these Regulations, pursuant to Section 5 -250, Special Uses. C. Limited Review Uses. "L" indicates uses that are allowed, subject to limited review. The Community Development Director shall verify that development of the use complies with all of the standards and requirements of these Land Use Regulations, pursuant to Section 5 -2100, Certificate of Zoning Compliance. D. Uses Not Allowed. "N" indicates uses that are not allowed. E. Standards. The "Standards" column refers the reader to particular sub - sections of Section 3 -310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses, when applicable. F. Uses Not Listed. Uses that are not listed in Table 3 -300 shall be considered to be uses that are not allowed, unless one (1) of the following occurs: 1. Regulations Amended. An amendment to these Regulations is adopted, pursuant to Section 5 -230, Amendments to the Text of These Land Use Regulations or the Official Zone District Maps, that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed; or 2. Determination of Similar Use. The Community Development Director determines, pursuant to Section 5 -220, Interpretations, that the proposed use is sufficiently similar to a use listed in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule ". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. LAND USE REGULATIONS 3 -7 EAGLE COUMY. COLORADO c:1uyJlWx"INmulm9trlHrUAT3. NovemM1rr 33, 1994 1111111 678174 11III 1'11111 11111 12/01/1998 111 IN 04:43P 11111111 III 111111' 11 IN 370 Sara Fisher _. 93 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -7 EAGLE COUMY. COLORADO c:1uyJlWx"INmulm9trlHrUAT3. NovemM1rr 33, 1994 �s V �LL p L W �w �m -- r m �M �9 z _M m � c m –6) m m �m ge �04 m .— tom- •.. i—m.+ o �toa to m 3 ARTICLE 3 : 70NE DISTRICTS 3 -300 RESID.. AGRL & RESOURCE USE SCHEDULE LAND USE REGULATTONS 3 -8 EAGLE COUNTY, COLORADO c9x ➢SlNamlcfiervr4n8fe1NrL4PId. Na,,M, V. Im ARTICLE 3: 70NE DISTRICTS 3 -300 RESID.. AGRI, & RESOURCE USE SCHEDULE or Greenbelt I I'm M I'm MM MIMM4I to] PMI oirs and Dams engineered to contain more than ten (10) acre I N I N I N I N I N I S I S I .S I S I N I Sec. 3 -310 L II water Tmnsfer Station I N I N I N I S I S I S I S I S I S I N Udlity Distribution Facilities I S I R I R I R I R I R I R I R I R I S I Sec, 3 -310 H Diversion Structures, Ditches and Pipeline Structures S R R R R R R R R S ered to convey fifteen (15) cfs of water or less or designed to Ls a domestic supply for less than ten (10) dwelling units Diversion Structures, Ditches and Pipeline Structures N S S S S S S S S S Sec. 3 -310 M ered to convey more than fifteen (15) cfs of water or design Water or Wastewater Treatment Facility N I S I S S I S I S I S I S I S I N Sec. 3 -310 N Water Impoundment I N I N I S S I R I R I R I R I R I S Sec. 3 -310 N Convenience Grocery Store° N I S I S I S I S I S I S I S I S I N Kennel N I N I N I N I N I N I N I S I S I N Extraction or Exploration (gravel pit, petroleum or natural gas well, N N N I N N N N S I S I S Sec. 3 -310 P coal or ore mine) Land Application of domestic or industrial sludge N N N N N N N S S N Sec. 3 -310 Processing (including alfalfa pellet mill, saw mill, gravel crushing, N N N N N N N N S N Sec. 3 -310 P asphalt or concrete batch plant, but excluding primary wood IIIIII IIIII IIIIIII 11111 11111 IN IIIIIIII III IIII 11111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 95 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -9 EAGLE COUNTY, COLORADO clxy5 /11wu1<Ilm41mg4Wf<IARTJ. Nonmbn a. IM ARTICLE 3• ZONE DISTRICTS 3 -300 RESID. AGRL & RESOURCE USE SCHEDULE I Illill111111111111 VIII III IN IIIIIIII III 11111 1111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 96 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -10 EAGLE COUNTY, COLORADO cox ➢8 /ISacvlcXMrlcv841NiWfT 3. NavcmMr33, /fllR } AR7ICLE3: ZONEDISTRICTS 3 -300. RESID. AGRI. & RESOURCE USE SCHEDULE Notes: 1. Existing uses located within We boundaries of each'Fulford Parcel' as of September 1, 1988, and identified on the'Fulford Land Use Mal, No. 1', on file in the offices of the Eagle County Department of Community Development, shall be considered uses by right in the Fulford Historical (FH) zone district. 2. In addition m other considerations, the applicant shall adequately demonsvate that environmental haxhcds and impacts resulting from any proposed construction of dwelling units, out buildings, or oth structures within the Backcounuy (BC) zone district are adequately mitigated, resulting in no net adverse impact upon the environment. 3. An accessary dwelling unit proposed as part of a cluster development shall be allowed by Special, ratter than Limited Review. 4. A convenience stare may also conduct retail gas sales, but automobile service and repair shall only be allowed in commercial and industrial zone districts; see Table 3.320.'Ibe maximum size fora convenience sure is 3,500 square feet of floor area. 5. The maximum size far a Laundromat is 2,000 square feet of floor arra. 6. In addition to the standards listed for particular uses, see also Article 4, Division 5, Commercial/Industrial Performance Standards. 7. Dwellings for persons and their immediate families employed principally or seasonally in a bamafide agricultural or ranching activity on a minimum of 35 acres are also allowed. 8. Use By Right siding stables in the Resource zone district shall be allowed on lots of 35 acres or greater in size. Riding stables occurring on lots less than 35 acres in size in the Resource zone district 678174 12/01/1998 04:43P 370 Sara Fisher 97 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -11 EAGLE COUNTY, e1x➢51WO1o1c&nuuaj1e1Ur -3. Novexher33. 108 ~ 's i ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS SECTION 3 -310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES Certain uses are important to the County's character and functions, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan, operating characteristics, intensity and similar factors. Those uses in the residential,. agricultural and resource zone districts for which such additional standards have been identified are listed in the "Standards" column of Table 3 -300 "Residential, Agricultural and Resource Zone Districts Use Schedule ". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2 -110, Definitions. The following section addresses: A. Accessory Dwelling Unit B. Cluster Development C. Bed and Breakfast D. Day Care Center E. Group Home F. Home Business G. Airport, Landing Strip, Utility or Air Carrier H. Utility Transmission and Distribution Facilities I. New or Expanded Domestic, Municipal and Industrial Water and Sewer Systems and Projects J. Park, Open Space or Greenbelt K. Recycling Collection or Drop -Off Center L. Reservoirs and Dams M. Water Diversion Structures, Ditches and Pipeline Structures N. Water Storage or Impoundment Facility, Water or Wastewater Treatment Facility O. Studio for Arts and Crafts P. Exploration, Extraction and Processing Operations Q. Land Application R. Farm or Ranch Stand /Sales of Agricultural Products S. Forestry T. Mass Gatherings U. Outfitter and Guide V. Resort Recreational Facility W. Temporary Building or Use X. Temporary Housing Y. Mobile Home and Recreational Vehicle Parks Z. Multi- Housekeeping Dwelling Unit 111111111111111111111111111 678174 12/01/1998 IN 04:43P 11111111 III 11111 1111 1111 370 Sara Fisher 98 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -12 EAGLE COUNTY, =i.ynwam�m..uwpewuxr -3. x..�.v, ivna a 1 ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEWSTANDARDS A. Accessory Dwelling Unit. 1. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction with and in addition to the principal use of the parcel. An accessory dwelling unit in the Resource Zone District on 35 acres or more per parcel is considered a use by right and exempt from Limited Review and notice requirements. 2. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size as follows: An accessory dwelling unit located within an accessory building shall be limited to eight hundred -fifty (850) square feet, which is the maximum size allowed for an accessory building. The floor area contained within the accessory dwelling unit shall count toward the maximum allowable floor area permitted on the parcel. Accessory dwelling units are not allowed in conjunction with duplex or multi - family units nor shall short term rentals (less than 14 days) be allowed. 3. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure, if it is located within or above a garage, or is located within a lawful accessory building, or is located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. 4. Parking. There shall be one (1) additional off - street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2) off - street parking spaces. 5. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. 6. Dimensional Limitations. Accessory dwelling units shall only be permitted on parcels that conform with the minimum lot size standard of the underlying zone district. The unit shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. LAND USEREGULATTONS 3 -13 clxpSlWOmlcliemrlmBlANdL4T3. NovemDrr3i,1W8 11111111111 IIIi111 11111 III IIII 11111111111111111111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 99 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE Minimum Accessory Unit Zone District Parcel Size Max. Floor Area R 35 acres 1,800 sq. ft. RL 20 acres 1,200 sq. ft: AR 10 acres 1,000 sq. ft. RR 2 acres 850 sq. ft. RSL 1,500 sq. ft. 500 sq. ft. An accessory dwelling unit located within an accessory building shall be limited to eight hundred -fifty (850) square feet, which is the maximum size allowed for an accessory building. The floor area contained within the accessory dwelling unit shall count toward the maximum allowable floor area permitted on the parcel. Accessory dwelling units are not allowed in conjunction with duplex or multi - family units nor shall short term rentals (less than 14 days) be allowed. 3. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure, if it is located within or above a garage, or is located within a lawful accessory building, or is located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. 4. Parking. There shall be one (1) additional off - street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2) off - street parking spaces. 5. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. 6. Dimensional Limitations. Accessory dwelling units shall only be permitted on parcels that conform with the minimum lot size standard of the underlying zone district. The unit shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. LAND USEREGULATTONS 3 -13 clxpSlWOmlcliemrlmBlANdL4T3. NovemDrr3i,1W8 11111111111 IIIi111 11111 III IIII 11111111111111111111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 99 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE ARTICLE 3, 700E DISTRICTS 3 -370 REVIEW STANDARDS 7. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads. S. Public Notice. A notice that the staff is considering an application for an accessory dwelling unit shall be sent by mail, first -class postage prepaid, to all landowners of the land subject to the application, all landowners within five hundred (500) feet of the land subject to the application, and, if applicable, the homeowners association of the development in which the property is located. The notice shall contain all of the applicable information required under Section 5- 210.E.1., Notice in Newspaper, and shall be sent no less than fifteen.(15) calendar days prior to the date on which the staff is scheduled to issue its decision on the application. The list of landowners shall be compiled by the applicant using the most current Eagle County tax records, and submitted to the Community Development Director as part of the application for development permit. In addition to submitting a written list, the applicant shall also submit the addresses on adhesive labels or in the form of pre- addressed envelopes. B. Cluster Development. 1. Purpose. Cluster development offers applicants an alternative to conventional types of subdivisions, by permitting development to be concentrated into one (1) or more limited portions of the entire land area, so the development can avoid those portions of the property that provide valued environmental resources or are subject to natural hazards. This is accomplished by allowing applicants to subdivide lots that are smaller than the minimum required lot size in the underlying zone district and by permitting the density allowed on the entire property to be transferred to these lots, while the remainder of the property is retained in common open space for the benefit of the residents. 2. Cluster Development Options. This section provides for two (2) cluster development options that offer the applicant the opportunity to design a development that deviates from certain dimensional standards of the underlying zone district, as specified herein. These two options are summarized in Table 3 -310 B., Dimensional Standards for Cluster Development Options, and can be further described as follows. a. Cluster Development Option A. Cluster Development Option A permits an applicant to create lots that are smaller than the minimum required lot area in the underlying zone district, if the total number of dwelling units that are developed on the property does not exceed that permitted in the underlying zone district. b. Cluster Development Option B. Cluster Development Option B permits an applicant to create lots that are smaller than the minimum required lot area in the underlying zone district, and also offers applicants a density bonus as shown in Table 3 -310 B., Dimensional Standards for Cluster Development Options. LAND USE REGULATIONS clxySlHOml�bm44ugh14(rL44]'d. No.embn i3, 19Y8 3 -14 1 111111 11111 678174 1111111 11111 12/01/1998 111 1111 04:43P 11111111 III 11111 1111 IN 370 Sara Fisher 100 of 405 R 0.00 D 0.00 N 0.00 Eagle CO COUNTY, COLORAD'tl wz r �Jt 3 m/ 1 ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS TABLE 3 -31013 , DIMENSIONAL STANDARDS FOR CLUSTER DEVELOPMENT! OPTIONS . Zone Minimum Maximum Density` Max. Lot Coverage/ Floor Area District Lot Area' Option A Option B R 1 unit per 35 N/A no limitation acres RL 10 acres 1 unit per 20 1 unit no limitation acres per 15 acres AR 5 acres 1 unit per 10 1 unit no limitation acres per 8 acres AL 2.5 acres 1 unit per 5 1 unit no limitation acres per 4 acres RR 1 acre 1 unit per 2 1 unit no limitation acres per 1.6 acres RSL 7,500 s.f. 1 unit per 1 unit see note 3 15,000 s.f. per 10,000 s.f. RSM 4,000 s.f. 1 unit per 1 unit per see note 3 8,000 s.f. 6,000 s.f. RMF N/A See note 4 Notes: 1. Minimum lot area means the minimum size of the residential lots that can be created in a cluster development. 2. Density shall be calculated counting only the number of principal dwelling units per lot, excluding any accessory dwelling units that may also be approved for the property. 3. These standards are the same as in the underlying zone district. 4. Density not to exceed sixteen (16) dwelling units per net developable acre. 5. Slope restrictions may apply pursuant to 4-420, Development In Areas Subject to Geologic Hazards. 1111111 11III 678174 111'111 11'11 12/01/1998 111 III' 04:43P 11111111 111 111'1'111 I'll 370 Sara Fisher 101 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -15 EAGLE COUNTY, ulxyA'daolePmu4ogGiHdLpTd. No�xmbn21. I9Yd ARTICLE 3' ZONE DISTRICTS 3 -310 REVIEW STANDARDS 3. Process. a. Cluster Development Option A. Cluster Development Option A is designated as a use allowed by limited review in the Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Rural Residential (RR), Agricultural Limited (AL), Agricultural Resource (AR), and Resource Limited (RL) zone districts. The Resource (R) zone district requires a special use permit for cluster development option A. In addition such development is also subject to subdivision review. Therefore, review and approval of a development pursuant to Cluster Development Option A shall be accomplished pursuant to Section 5- 280, Subdivision, or Section 5 -290, Minor Subdivision. b. Cluster Development Option B. Cluster Development Option B is designated as a use allowed by special review in the Residential Multiple Family (RMF), Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Rural Residential (RR), Agricultural Limited (AL), Agricultural Resource (AR), and Resource Limited (RL) zone districts. Such development is also subject to subdivision review. Therefore, review and approval of a development pursuant to Cluster Development Option B shall be accomplished pursuant to Section 5 -250, Special Uses and Section 5 -280, Subdivision, or Section 5 -290, Minor Subdivision. C. Accessory Dwelling Units. Accessory dwelling units proposed under Cluster Development Option A in the Residential Suburban Low Density (RSL), Rural Residential (RR), Agricultural Limited (AL) zone districts shall only be allowed pursuant to Section 5 -250, Special Uses. 4. Compliance With Other Standards. In addition to the standards of this Section 3 -310 B., Cluster Development, a cluster development shall comply with all applicable standards of the underlying zone district, any other applicable standards of these Land Use Regulations, and the following additional design standards: a. Cluster Development Option A. Lands may be divided into clusters of lots as provided in these Regulations. The subdivision plan must be approved whereon the included amount of greenbelt or open space reserved or dedicated to the public is sufficient to maintain the gross project density allowed in the respective Zone District. (Density calculations shall exclude road rights -or -way and private road easements.) b. Cluster Development Option B. Lands may be developed in accordance with Cluster Development Option B as provided in these Regulations and pursuant to the following criteria: (1) Site Plan maximizes the preservation of agricultural and wildlife lands and protects steep slopes and vegetation on the site. LAND USE REGULATIONS 3 -16 <:IwyS(NwalcYenulmB�IbrN.Ql -3. Na.emhrr 13. IM I"III "III "IIIII'IIII III IN 1111111111111111 IN I"I 678174 12/01/1998 04:43P 370 Sara Fisher 102 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY. 3 ARTICLE 3• ZONE DISTRICTS 3 -310. REVIEW STANDARDS (2) Cluster Option B directs development to areas which result in minimal visual impacts from both housing and road construction. Buildings should be kept off of prominent visual locations. (3) Access to adequate road system. (4) Additional requirements for projects of urban and suburban character: (a) Pedestrian path system (b) Municipal or District water and sewer (c) Landscaping plan (d) Solar access provision (e) Affordable housing The provision of affordable housing is one of the requirements for a Special Design Project in the RSM and RMF zones. A determination must be made by the Board of County Commissioners that there is an unmet demand for the "affordable" housing for the area in which they are proposed. This housing must be provided in a condominium or townhouse framework and integrated into the overall design of the project. Associated with the project must be legal documentation limiting (a) the original sales price, (b) buyer qualifications, and (c) an appreciation value per year on resale. This affordable housing provision may also be met in the form of long term rentals acceptable to the County Commissioners. Units would be required to remain as long term for a minimum of 20 years. (5) In a Cluster Development Option B, the number of dwelling units, square footage of floor area and the number of affordable housing units shall be assigned to each lot on the Final Plat. The permitted Floor Area Ratio shall be based on the size of the clustered parcel. C. Bed and Breakfast. 1. Parldng. The bed and breakfast shall provide one (1) parking space for each accommodations unit, in addition to any parking required for the dwelling unit. 2. Maximum Number of Units. The bed and breakfast shall not contain more than six (6) separate accommodations units that are rented to guests. 3. Owner Shall Live on Premises. The owner of the bed and breakfast or an on -site manager employed by the owner shall reside on the premises at all times when the bed and breakfast is in operation. LAND USE REGULATIONS 3 -17 clxyAWarnldlmuleoglelNrURT3. NoremAer L. (938 IIIII IN IIII 678174 12/01/1998 04:43P 370 Sara Fisher 103 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY. COLORADO } ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS D. Day Care Center. Parking. A day care center shall provide one (1) off - street parking space per non - resident employee. This space shall be provided in addition to any parking required for the principal use of the property. 2. Drop- off /Pick -up Area. A day care center shall have one (1) designated on- or off - street drop- off /pick -up space for every six (6) children. The space shall be available during operating hours for loading and unloading of children. If the space is located on- street, it shall be located on the same side of the street as the day care facility and shall not be used as a parking space. 3. Play Area. A day care center shall have an on -site play area that meets the State standard for facilities of this size, as specified in "Minimum Rules and Regulations for Child Care Centers of the Colorado Department of Social Services ". 4. Working Telephone. A day care center shall have a working telephone on the premises. 5. Local and State Codes. Day care centers shall demonstrate their compliance with all applicable state and local health, safety, fire and building codes, including, but not limited to, all applicable requirements of the Colorado Department of Human Services and the Eagle County Department of Social Services. E. Group Home. The applicant shall submit a report with the application for the group home that identifies potential impacts from the proposal and shows how those impacts will be mitigated. The report shall include site plans and interior building plans that depict living spaces, recreation areas, off - street parking, and other special needs of the facility and shall also address the following standards: 1. Child Care. Child care facilities shall comply with all requirements for licensing as either a Foster Care Home or Specialized Group Home, as is defined by the Colorado Department of Social Services. 2. Neighborhood Density. A group home should not be located within seven hundred -fifty (750) feet of any other group home. 3. Necessary Facilities. A group home may only be located in an area where the applicant demonstrates that necessary public facilities and services for the occupants can be provided, including, but not limited to water supply, sewage disposal, fire and police protection and transportation. F. Home Business and Home Occupation. 1. Home Business. LAND USE REGULATIONS 3 -18 EAGLE COUNTY. COLORAL. cxpStWUlnlr4'mYimglAWrNH( --3. NnvrmLrr 3i. IM I"III'llll IIII III HE III I'll IIIIII'I ('I IIII IIII IN 678174 12/01/1998 04:43P 370 Sara Fisher 104 of 405 R 0.00 D 0.00 N 0.00 Eagle CO x AR77CLE 3: ZONE DISTRICTS 3 -310 REVIEW STANDARDS a. Use Subordinate. The use of a dwelling for a home business shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. b. Activity Conducted Indoors. All activities associated with a home business shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building. C. Employment. A home business shall be conducted by persons residing on the premises and by no more than two (2) employees residing off - premises. d. Patrons. A home business may serve patrons on the premises, provided all other standards of this Section are met. e. Parldng. A home business shall provide one (1) off - street parking space for each employee working on -site and residing off - premises and one (1) space for patrons of the business. These spaces shall be provided in addition to the parking required for the principal residential use of the property. f. Sales. Incidental sale of supplies or products associated with the home business shall be permitted on the premises. A home business whose primary activity is retail sales shall be prohibited, except if the home business is for catalogue sales. g. Nuisance. A home business shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises. h. Codes. The building housing the home business shall comply with all County or State building, fire and safety codes applicable to the particular business. i. Signs and Illumination. Signs and other outdoor structures advertising the home business shall not be permitted. Illumination of the structure housing the home business shall be limited to that which is customary for the primary residential use of the property. 2. Home Occupation. a. Use Subordinate. The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. b. Activity Conducted Indoors. All activities associated with a home occupation shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building. LAND USE REGULATTONS 3 -19, EAGLE c:IxyJ]WOlultl(muleagtelWiLLPFl. NawmM1rr iJ, JWg I III I "III "I'III I I I I I I'I III' IIII I"I I" IIII' I'II I"I 678174 12/01/1998 04.43P 370 Sara Fisher 105 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARI7CLE 3: ZONE DISTRICTS 3 -310 REVIEW STANDARDS C. Parking. A home occupation shall not generate the need for any additional parking other than that required for the principal residential use of the property. d. Sales. Incidental sale of supplies or products associated with a home occupation shall be permitted on the premises. A home occupation whose primary activity is retail sales shall be prohibited, except if the home occupation is for catalogue sales. e. Nuisance. A home occupation shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises. f. Codes. The building housing the home occupation shall comply with all County or State building, fire and safety codes applicable to the particular business. g. Signs and Illumination. Signs and other outdoor structures advertising the home occupation shall not be permitted. Illumination of the structure housing the home occupation shall be limited to that which is customary for the primary residential use of the property. G. Airport, Landing Strip, Utility or Air Carrier. 1. Environmental Impact Report. An applicant for an airport, utility or air carrier shall submit an Environmental Impact Report, containing the materials specified in Section 4- 460. 2. Conflicts. An Airport Utility shall not conflict with: a. Existing Facility. Any site or operation of any existing aircraft facility; b. Airport Plan. Any official county, state or federal airport plan; or C. Government Agency Regulation or Requirement. Any reservation, easement, right -of -way regulation or requirement of the Federal Aviation Administration, or of any other governmental agency. H. Utility Transmission and Distribution Facilities. Nothing in these Regulations shall be construed to prohibit construction or installation of a public utility use or structure necessary for transmission of commodities or services of a utility company, through mains or distribution lines, in any zone district. Storage, maintenance facilities, substation or exchanges, and business offices shall only be permitted in those zone districts where such uses are allowed or are allowed by review. The location of power transmission lines with a capacity of sixty-nine (69) kilovolts or greater and pipelines for major transmission shall be subject to the requirements of Section 5 -250, Special Uses. LAND USE REGULATIONS 3 -20 EAGLE COUNTY, c11,➢51Wm,W=41ca8lelUM .3. Xavrm er B, 1998 IIIIII I'lll "IIIII I"II III IN III'II'I III III'll 111 1111 678174 12/01/1998 04:43P 370 Sara Fisher 106 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 1 J ARTICLE 3: ZONE DISTRICT'S 3 -310. REVIEW STANDARDS I. Major New Domestic Water or Sewer Systems, Major Extensions of Such Systems and Municipal and Industrial Water Projects. Major new domestic water or sewer systems, major extensions of such systems and municipal and industrial water projects shall comply with the following standards: 1. Abstract. The applicant shall submit an abstract of the proposal indicating the scope and need for the facility. 2. State Review. Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Health shall be provided within sixty (60) days of submission of the application to the County. 3. Alternatives. Alternatives to the proposed facility shall be evaluated, including but not limited to alternative locations and the no development alternative. 4. Demographic Data. Any demographic data needed to fulfill the requirements of this Section shall be consistent with the data used for the 208 Areawide Waste Treatment Management Planning for Region X11, Colorado. J. Park, Open Space or Greenbelt. 1. Designation. Land designated as a park, open space or greenbelt through dedication or reservation, or other reason, shall be indicated as such on the plat or other document recorded to formalize the project approval. 2. Ownership. Park, open space or greenbelt land and any facilities thereon shall be provided and maintained either by a unit of government, by a non - profit corporation or by private interests as part of a subdivision or development of land for use by the inhabitants thereof; ownership of the land may be deeded or reserved to a property owner's association or it may be dedicated to the public; or as required by any condition for granting of approval of an application, including designation of a park or other open recreation use. K. Recycling Collection or Drop Off Center. A recycling collection or drop off center shall either be developed in association with another use on the same site, whose owner shall provide for maintenance of the site, or shall require the recycling entity to demonstrate how the collection or drop off center will be maintained in a clean and sanitary manner. L. Reservoirs and Dams. Reservoirs and dams engineered to contain more than ten (10) acre feet of water shall comply with all applicable state specification and the following standards: 1. Public Need. The use shall serve an obvious public need or shall serve the needs of the agricultural use of the property LAND USE REGULATIONS 3 -21 EAGLE COUNTY, COLORADO clxDllWamlrGeml<v8(e1NrNRtJ. NovmJio 2i. I9J8 I I"III'IIII "VIII I"II I'I IIII III'I"I I" IIIIII I'I IIII 678174 12/01/1998 04:43P 370 Sara Fisher 107 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STAArDAPDS 2. Not Create Hazard. The reservoir or dam shall not create a hazard to the existing populated areas of Eagle County, either during construction or afterwards. 3. Maintenance. The reservoir shall be properly maintained. 4. No Adverse Affects. The reservoir or dam site shall not adversely affect wildlife, the environment, or stream flows of existing streams to the detriment of the fish population. 5. Minimize Damage. The dam or reservoir shall be located so as to minimize damage caused to owners of private land and water rights in the vicinity. 6. Not Burden Existing Electrical Energy Supplies. The reservoir or dam shall not create a burden upon existing supplies of electrical energy so as to jeopardize existing domestic and future domestic uses. 7. Not Burden Landfill. The bed of the dam or reservoir shall be capable of being adequately cleared without creating a burden upon the Eagle County sanitary landfill. M. Water Diversion Structures, Ditches, and Pipeline Structures. Water diversion structures, ditches, and pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of time or designed to serve as a domestic supply for ten (10) units or more shall comply with the following standards: 1. Public Need. Such uses shall serve an obvious public need. 2. Energy Supply. There shall be a sufficient supply of electrical energy to serve the diversion, ditch, pipeline, and any accessory pumping facilities, so as not to jeopardize existing or future domestic requirements. 3. Safety. The ditch, pipeline, or diversion shall be built in a prudent manner, so as to preserve the public safety. 4. Minimum Use of Land. The ditch, diversion, or pipeline shall be environmentally engineered so as to use the minimum amount of private land. 5. No Adverse Impacts on Wildlife. The facilities shall not adversely affect fish populations, wildlife habitat, or migratory ranges. 6. No Adverse Impacts on Private or Public Property. The facilities shall not adversely affect private or public property owners in the vicinity. Appropriate studies shall be conducted to show the impact of said diversions, ditches, and pipelines upon the entirety of water users in Eagle County. Preliminary Subdivision Plan. This use shall only require Special Review when it is not specifically addressed in an approved preliminary subdivision plan. LAND USE REGULATIONS 3_22 �AUyAWOmltlle ^u4agLINrLLPR3. NawmSO ]J, Im EAGLE COUNTY. IIII 678174 "III'IIIIII IIII( 12/01/1998 I'I IIII 04:43P 1111('11 II"III II III I'II 370 Sara Fisher 108 of 405 R 0.00 D 0.00 N 0.00 Eagle CO t ARTTCLE 3 • ZONE DISTRICTS q-;10 REVIEW STANDARD w N. Water Storage Facility, Water Impoundment, Water Treatment Facility or Wastewater Treatment Facility. These uses shall only require Special Review when they are not specifically addressed in an approved preliminary subdivision plan. O. Studio for Arts and Crafts. 1. Activity Within Building. All activity associated with the studio shall be conducted within a building. 2. Retail Sales. Retail_sales shall be limited to one -of -a -kind goods fabricated on the lot. 3. Fulford Historical (FM Zone District. In the Fulford Historical (FH) zone district only, instead of the above limitations, the following shall apply: a. Storage. All storage of materials shall occur within a building. b. Accessory. The studio shall be secondary and accessory to a residence and shall not change the residential character of the primary use. C. Noise. Noise shall not exceed sixty (60) decibels at any property line. d. Sales. There shall be no sales or exchange of goods on the lot. P. Exploration, Extraction and Processing Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4 -460, Environmental Impact Report, of these Regulations by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. 2. Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: a. Water. Existing lawful use of water, through depletion or pollution of surface run -off, stream flow or groundwater; b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or C. Wildlife.. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. LAND USE REGULATIONS 3 -23 EAGLE COUNTY, CO clxOSlWUrulc4'nmlrvBfelNrNAI -3. Navemeoli. S9J8 I I"III "III "I'1II "'ll I'I I'I' III'I"I I" VIII' III IN 678174 12/01/1998 04:43P 370 Sara Fisher 109 of 405 R 0.00 0 0.00 N 0.00 Eagle CO AR77CLE 3: ZONE DISTRICTS 3 -310 REWEWSTANDARD 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4 -230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4 -240, Installation and Maintenance Requirements. 4. Fabrication, Service and Repair. All fabrication, service and repair activities associated with the use shall be conducted within a building (except for incidental repair activities), unless the applicant demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 5. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. Q. Land Application. Land application of sludge for beneficial use as fertilizer, mulch or soil conditioner (on areas of land greater than one [1] acre) shall only be permitted for domestic or industrial purposes and shall be subject to the following standards: 1. Application Contents. The application shall contain the following materials: a. Site Plan. A detailed site plan showing the location of all buildings, dwellings, ditches, dry gullies, lakes, ponds, springs and wells within a one thousand (1,000) foot radius of the sludge application. b. Topography. Topographic information concerning the sludge application site, with the direction of drainage shown. C. Soils Analysis. A soils analysis that includes an analysis of the amount of sludge that can be applied to the site without exceeding the limits of chemical nutrients for the specific crop grown. d. Ground Water. Depth of highest seasonal ground water table and at least three (3) piezometric tubes, two (2) down - gradient of the site and one (1) up- gradient where the water table is less than ten (10) feet from the surface anywhere on the site. 2. Review Standards. The application shall meet the following standards: a. Slope Limitations. Sludge shall not be placed on lands of greater than fifteen (15) percent slope. On lands of six (6) to fifteen (15) percent slopes, sludge shall have a solids content of sixteen (16) percent or greater. b. Drainage. The drainage plan shall show that sludge leachate will not discharge off -site. LAND USE REGULATIONS 3 -24 EAGLE COUNTY, ai.ystvomim.�.....rewu ..3. narcma..v."v I (VIII 678174 "III IIIIIII VIII 12/01/1998 III IN 04:43P IIIIIIII III IIIIII 111 1111 370 Sara Fisher 110 of 405 R 0.00 D 0.00 N 0.00 Eagle CO l ri ARTICLE 3 • ZONE DISTRICTS 3 -310. REVIEW STANDARDS C. Stream Setback. No sludge shall be allowed within two hundred (200) feet of live streams, irrigation return flows, ponds or reservoirs. The setback distance shall be measured from the annual high water elevation or from the designated one hundred (100) year floodplain. d. Odor Control. An odor control plan shall be provided where three (3) or more dwelling units are within one thousand (1,000) feet of the proposed application area. e. Operating Plan. An annual operating plan shall be provided that addresses the following items: (1) Season and Rates. Yearly application season and yearly application rates. (2) Truck Trips. The average number of truck trips per day on County roads. (3) Soil and Plant Tissue Analysis. The operating plan shall state that a soil and plant tissue analysis will be submitted to the County annually in August. It shall also state that an application will be submitted to the County for an alternate application site when either soil or plant tissue analysis indicates chemical limits will be exceeded in the current year. f. State Regulations. The more restrictive of the above County standards and the Colorado Domestic Sewage Sludge Regulations shall apply. g. Exemption for Dried Sludge. Dried sludge that has been stabilized or composted, as determined by State Sewage Sludge Regulations, shall be exempt from these standards. R. Farm or Ranch Stand /Sales of Agricultural Products. 1. Location. A farm or ranch stand at which primarily raw agricultural products are sold shall be located on the same property on which the product was grown or produced and shall be limited to properties within the Agricultural Limited (AL), Agricultural Resource (AR), Resource Limited (RL) and Resource (R) zone districts. 2. Parking. Adequate off - street parking shall be provided for the sales area. 3. Traffic Safety. The sales area shall be adequately set back from the adjacent road and shall be so situated so that it does not block any required access to or exit from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area and does not cause a traffic hazard or safety problem. LAND USE REGULA77ONS c1up31Wmo1dbnulmgLIN,WP - -l. N..m"D, 1W. 3 -YS EAGLE COUNTY, COLORADO 1 111111 111'1 1111111 11111 III IN 11111111111 111111 III 1111 678174 12/01/1998 04:43P 370 Sara Fisher 111 of 405 R 0.00 D 0.00 N 0.00 Eagle CO �x ARTICLE 3.__ZONE DISTRICTS 3 -310. REVIEW STANDARDS 4. Structures and Signs. Any temporary structures or identification signs used for the operation shall comply with all applicable County regulations. 5. Size. The applicant shall demonstrate that the size of the stand is the minimum necessary for the proposed operation. S. Forestry. 1. Limitations. Forestry activities shall be limited to extraction, felling and trimming trees, and removal of wood materials, including primary processing. 2. Processing Prohibited in Backcountry Zone District. Primary processing of forestry products shall not be permitted in the Backcountry (BC) zone district. T. Mass Gatherings. 1. Limit on Attendance. Mass gatherings shall be limited to attendance by five hundred (500) persons. 2. Concerns to Address. The application for the mass gathering shall state how the following concerns will be satisfactorily addressed by the applicant, in compliance with all applicable County and State regulations: a. First aid b. Food service & liquor license C. Parking d. Police protection e. Sewage disposal f. Solid waste disposal g. Traffic control h. Water supply i. Environmental impacts U. Outfitter and Guide. Retail sales of goods by an outfitter and guide operation shall be prohibited, unless the underlying zone district specifically allows said retail sales or unless the sales are incidental to the outfitter and guide service. V. Resort Recreational Facility. Where a resort recreational facility provides accommodations, the maximum number of accommodations shall be limited as follows: Resource (R) Zone District. Twelve (12) dwelling units or forty-eight (48) beds of visitor capacity may be allowed in the Resource (R) zone district; and 2. Backcountry (BC) Zone District. One (1) dwelling unit or twenty (20) beds of visitor capacity may be allowed in the Backcountry (BC) zone district. LAND USE REGULATIONS 3 -26 EAGLE COUNTY, [:Ix ➢SI'dmo1Nm44v8![IWIAFfi. A'vvemMr3S. IS9d III IN IIIIIIII III 111111 III IIII 678174 12/01/1998 04:43P 370 Sara Fisher 112 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 3 , ZONE DISTRICTS 3 -370 REVIEW STANDARDS W. Temporary Building or Use. 1. Use Limitations. Temporary buildings shall only be used to conduct a use that is allowed, or a use that is allowed by limited review or by special review, in the underlying zone district. 2. Health and Safety Codes. Temporary buildings or uses shall comply with all applicable regulations concerning health, sanitation, safety and access. 3. Removal. The applicant shall provide positive assurance that the temporary building or use shall be removed or operations shall be ceased by the required time, as follows: a. Removal By County At Owner's Expense. The County shall be given permission by the applicant and owner to remove the temporary building or use at the owner's expense if, at any time, the building is determined to be out of compliance with these Land Use Regulations. b. Deposit. A deposit of an amount determined by the Board may be required from the applicant to defray the County's costs to remove a temporary building or use. X. Temporary Housing. An owner of a lot may live on his lot while a new house is being constructed on the same lot, provided the original unit is removed at the completion of the new unit, and provided the applicant submits an adequate site plan and associated materials that y demonstrate compliance with the following standards: Water Supply and Sewage Disposal. The applicant shall submit evidence of an adequate water supply and method of sewage treatment. a. Pill C. d. Self- Contained Camper Units. For self - contained camper units, the applicant shall show a valid commitment for hauling water and sewage. Other Units. For units which are not self - contained, adequate water and sewage facilities shall be* provided, with specifications approved by the County Environmental Health Office. Mobile Homes. For mobile homes or other temporary housing, the applicant shall have water and sewage treatment systems that are approved by the Environmental Health Office. Prohibitions. In no case shall unsafe water be used for drinking nor shall raw sewage be discharged on the ground surface. 1111111 678174 VIII "1'111 VIII 12/01/1998 Ili IN 04:43P IIIIIIII III IIIIII 111 1111 370 Sara Fisher 113 of 408 R 0.00 0 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -27 EAGLE COUNTY, COLORADO clxp5 /WOIUINm41ea8lelNiLL4J -3. A'ortabo33. /flA8 J ARTICLE 3: ZONE DIST (!C S 3 -310. REVIEW STANDARDS 2. Approved Subdivision. If the subject lot is located in ari approved subdivision, the Covenants of that subdivision must allow such temporary housing. The applicant shall be responsible for demonstrating approval by the property owner's association. 3. Time Limit. The maximum allowable time length of the permit is six (6) months. 4. Maximum Number. Not more than one (1) temporary housing unit shall be located on a house construction site. The inhabitants of the unit shall be the owners of the lot or construction employees. 5. Maintenance. Temporary housing sites shall be maintained in a clean, sanitary and safe condition, free from hazardous or noxious materials, weeds and refuse. The property owner shall be responsible for ensuring compliance. 6. Fire Protection. Adequate fire protection shall be provided. A water storage tank may be required if County Environmental Health Office and local fire protection officials deem it necessary. 7. Trash Collection. A thirty (30) gallon (four [4] cubic foot) container shall be provided, or the equivalent, in a central trash collection facility. Said container(s) shall be durable, washable, non - absorbent metal or plastic with tight - fitting lids. Refuse shall be removed from site not less than once per week. 8. Enforcement. Once the permit for temporary housing is granted, the applicant shall comply with all the foregoing regulations or the County will issue a stop work order for the construction project until the temporary housing site is brought into compliance with the regulations. The certificates of occupancy for a construction project shall be withheld until the temporary housing is removed and the site is restored to the satisfaction of the County. Y. Mobile Home and Recreational Vehicle Parks. 1. Purpose and Intent. The purpose of these standards is as follows: a. Health and Safety. To provide minimum requirements for the protection of the health and safety of the occupants of mobile home parks and the general public. b. Minimum Standards. To provide minimum standards for mobile home and recreational vehicle parks and to provide for permits for expansions, additions and alterations to existing parks. C. Resolve Hazards. To ensure that if any hazard to health, safety or welfare exists within the park, it is resolved in reasonable time. �Axps/WO�aI. & ^ulmgldNM1l.PPd. xn.em , V. 1W. 3 -28 EAGLE COUNTY, 11111111111 678174 1111111 11111 12/01/1998 III IN 04:43P 11111111 111 111111 III IIII 370 Sara Fisher 114 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i� ARTICLE 3: ZONE DISTRICTS 3 -310 RENEW STANDARDS d. Comply With Other Codes. To comply with applicable sections of the Colorado Department of Health, Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the National Electrical Code. 2. Hook -up Permits. a. Permit Required to Move. It shall be unlawful for any mobile home park owner to allow a mobile home for occupancy to be moved into a mobile home space or to be moved from one mobile home space to another within a mobile home park without first obtaining a hook -up permit. b. Permit Required to Occupy. It shall be unlawful for any person to occupy a mobile home within a mobile home park in unincorporated Eagle County without first obtaining a hook -up permit and a certificate of an approved final inspection of all hook -up requirements, as listed in this section, whenever a mobile home is first moved into a mobile home park and whenever a mobile home is moved from one space to another within a mobile home park. C. Application for permit. (1) Permit Required. All owners of individual mobile home units located within a mobile home park who are required to obtain permits according to this Section shall apply to the Building Department for a hook -up permit and give the Department notice at least twenty -four (24) hours in advance of the requested inspection. (2) Permit Application Contents. The mobile home hook -up permit application shall be made in writing and shall be accompanied by the following information: (a) Applicant Identification. The name, address, mailing address and telephone number of the applicant. If the applicant is not the owner of the mobile home unit (but is acting on the owner's behalf) for which a permit is being sought, the applicant shall also include the name of the owner of the unit and documentation of the authority and /or legal relationship of the applicant allowing him to occupy the mobile home unit. (b) Park Manager Identification. The name, mailing address and telephone number of the park manager. (c) Mobile Home Park Identification. The name of the mobile home park in which the applicant's unit is located and the location of the unit within the park. 3 LAND USE REGULATIONS 3 -29 EAGLE COUNTY, COLORADO <axvslvurnmr,<nm<uarnr✓.uxr3. xovrronit,)9➢b I IIIIII "III IIIIIII IIIII III (III IIIIIIII III IIIIII III IIII 678174 12/01/1998 04:43P 370 Sara Fisher 115 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r� ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS (d) Manufacturer Identification. The mobile home manufacturer's identification number. (e) Site Plan. A site plan that locates the mobile home on the lot and shows all adjoining structures and roads. (f) Inspection Fee. An inspection fee in the amount established from time -to -time by Eagle County. (3) Review of Application, Inspection, Permit. (a) Authority to Issue Permit. The Building Official, after receiving the application and providing for review by the Environmental Health Department and the Planning Department, shall be authorized to issue a hook -up permit. (b) Inspection. The Building Inspector and the Environmental Health Manager are hereby authorized to inspect any unit that is subject to the provisions of this Section and to review the construction or maintenance of the unit or improvements to the unit that are relevant to this Section. Staff from the Building Department or the Environmental Health Department shall inspect the mobile home hook -ups prior to occupancy. (c) Permit Denial. The Building Official may deny any hook -up permit if the application is in any way incomplete, according to Section 3 -310 Y.2.c., Application for Permit, or if the mobile home proposed to be moved, or the proposed location, does not meet the standards of this Section. . (d) Standards. The Building Inspector may issue a hook -up permit for a mobile home after considering the following: i) Report. The comments provided in reports from the Planning and Environmental Health departments. ii) Utility Connections. Whether the proposed connections for water supply, sewage disposal, electricity and gas will be adequate and safe. iii) Tie Down. Whether the proposed blocking and tie down will be adequate and safe. LAND USE REGULATIONS 3 -30 EAGLE COUNTY, CO. a:lxySlWOlalc4mu1m81e1WrL1RId. NowmLer 33. 1A19 III'll "III VI'I'I 1111"'1 IN 111'1'11 111 1111111 11 1111 678174 12/01/1998 04:43P 370 Sara Fisher 116 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS iv) Address. Whether the street address or space numbers or letters will be visible from the access street, by day or night. v) Steps. Whether there will be safe and 'approved steps, landings, handrails and guardrails. d. Denial of Certificate of Approved Final Inspection of Hook -up Requirements. (1) Reasons for Denial. The Building Official may deny occupancy of any mobile home if he determines that the mobile home hook -up does not comply with the minimum standards of this Section and that the mobile home cannot be safely occupied. (2) Specify Requirements for Subsequent Application. If the Building Official denies either a hook -up permit or a certificate of final inspection approval, he shall specify what requirements must be complied with prior to consideration of a subsequent permit application. The applicant may resubmit the application upon satisfactory evidence that the requirements of this Section have been complied with in full. 3. Standards for Parks in Eadstence Prior to the Effective Date of These Regulations. Mobile home or recreational vehicle parks in existence prior to the effective date of the County's initial mobile home and recreational vehicle park regulations (October 19, 1974) shall be subject to the following standards. a. Drainage. The park shall be drained, graded and surfaced where necessary to facilitate drainage, and prevent movement and shall be free from depressions in which water collects and stagnates. b. Clean Sanitary Condition. The park shall be maintained in a clean sanitary condition at all times. Grasses, weeds and other such vegetation not considered as part of the ornamental landscape shall not exceed twelve (12) inches in height. C. Occupancy. A mobile home located in a mobile home park shall only be occupied as a dwelling when it is properly placed on a conforming mobile home lot and is connected to all utilities, including water, sewer, electricity or gas. Utility service connections shall be located on the lot served. d. Water Supply. All mobile homes, service buildings and other facilities shall be provided at all times with an adequate supply of water, and shall be served by a water system designed, constructed and protected in accordance with Colorado Department of Health recommendations. LAND USE REGULATIONS [.Ip)INehleYWalme�.��L1Xi'l. Nerembe. L. 1998 111111 IIIII 678174 IIIIIII "III 12/01/1998 III IN 04:43P IIIIIIII III IIIIIII II IIII 370 Sara Fi sher 117 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 -31 EAGLE COUN/Y, COLORADO Y ARTICLE 3: ZONE DIS7R/CCS 3 370 2F'VIEW STANDARDS e. Sewage Disposal. All mobile homes, service buildings and other facilities shall be provided at all times with an adequate means of sewage disposal in accordance with Department of Colorado Public Health and Environment recommendations. f. Refuse. The storage, collection and disposal of refuse in a mobile home park shall be so conducted as to control odors, rodents, insects, accidents, fire hazards, air pollution or other nuisance conditions. g. Signs. Each mobile home in a park shall be clearly identified by street address or space numbers or letters visible from the access street, by day or night. Street signs shall be provided on all vehicular streets. h. Structural Support. The mobile home space shall provide a sound base for the structural support of the mobile home to prevent shifting, heaving or uneven settling. i. Access to Connections. Where skirting is provided, readily operable doors or access panels shall be installed to permit convenient access to the water, sewer and gas connections. j. Structural Alterations. Structural alterations to any mobile home shall comply with all applicable provisions of these Land Use Regulations and the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code and the Department of Colorado Public Health and Environment. k. Setbacks. A mobile home shall not be placed less than ten (10) feet from its longest side or three (3) feet on its shortest side respectively to any other mobile home, building, fence or other obstruction. Non - combustible storage sheds shall be exempt from this standard, provided they do not block emergency or utility access. 3--4'17 Standards for New Mobile Home Parks or Additions To Existing Parks. a. Site Improvements. (1) Access. The park shall have access to a public road. (2) Drainage. The park shall be located on a well - drained site, that is graded . or drained and is free from stagnant pools of water. (3) Landscaping. The site plan shall include a landscaping plan prepared in accordance with Section 4 -220 Landscape Plan. (4) Minimum Setbacks. i LAND USE RECULA77ONS 3 -32 EAGLE COUNTY, COLOR,- c:IxyJ /HamIrAW,Wl41Wl4ff.1 IWrmlrr L, 19M 111111'1111 678174 111'111 "'II 12/01/1998 111 IN 04:43P III'I"I I" I II"II II I"I 370 Sara Fisher 118 of 405 R 0.00 D 0.00 N 0.00 Eagle CO -: ARTICLE 3.• ZONE DISTRICTS 3 -310 REVIEW STANDARDS 1 (a) Mobile Home Space. The minimum setbacks for mobile home units from each mobile home space line shall be: i) Front. Twenty (20) feet from the front space line. ii) Side. Twenty (20) feet between units. iii) Rear. Five (5) feet from the rear space line. (b) Mobile Home Park Boundaries. The mobile home park space shall comply with the following setbacks: i) Front Yard. The mobile home park space shall be set back a minimum of fifty (50) feet from an arterial or collector road or twenty-five (25) feet from a local or mountain road. ii) Side or Rear Property Line. The mobile home park space shall be set back a minimum of twenty (20) feet from any side or rear property line. (c) Fire Protection. All mobile homes, modular homes, or habitable appurtenances shall be set back be a minimum of twenty (20) feet from each other, for fire protection. (5) Mobile Home Spaces. Each mobile home space shall contain a minimum of three thousand -eight hundred (3,800) square feet of area per single - wide unit, and five thousand (5,000) square feet for a double or multi - wide unit, exclusive of park driveways. The area in which the mobile home is placed shall be graded for drainage and improved to prevent shifting or settling of the mobile home. Anchors or tie -downs shall be provided as necessary to prevent overturning of mobile homes. (6) Parking. Each mobile home space shall contain a minimum of two (2) paved off - street parking spaces, for use by automobiles. () Driveways and Walkways. All mobile home spaces shall abut upon an appropriately surfaced driveway that provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be twenty-five (25) feet. All driveways and walkways within the park shall be sufficiently illuminated to ensure safety for park residents. Walkways that are not less than three (3) feet wide shall be provided along drives, as required for safety and convenience of inhabitants. LAND USEREGULA27ONS 3 -33 EAGLE COUNTY, COLORADO c:IwySlWOmlc4mulm861NrUHF3. NonmMr33. 19yB 11111111111111111111111111 R IIII 11111111 III 1111111 II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 119 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS (8) Paving. All mobile home parks shall be appropriately surfaced. (9) Maintenance. All mobile home lots and stands shall be maintained in a clean and sanitary condition, free from hazardous or noxious materials, weeds and refuse. The unit owner shall be responsible for ensuring compliance. b. Water Supply and Distribution. (1) Comply With Standards. A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and it shall be the exclusive supply used. When such a public water supply is not available, a central water supply system may be developed and used if it meets standards of the Department of Colorado Public Health and Environment. (2) Located To Avoid Contamination. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. (3) Treatment. The treatment of a private water supply shall be in accordance with applicable state and local laws and regulations. (4) Minimum Supply. The water source shall be capable of supplying a minimum of four hundred -fifty (450) gallons per day per mobile home. (5) Connection. The water supply system shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water. (6) Equipment. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the County Environmental Health Office. (7) Pressure. The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) psi, under normal operating conditions at service buildings and other locations requiring potable water supply. (8) Minimum Horizontal Separation. A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines. LAND USE REGULATIONS 3 -34 EAGLE COUNTY, clxy5/WOlulAmo-WBIaVdMFS). Naw.Mer 33,1W9 IIIIIII HE III IN IIIIIIII 1111111111111111 878174 12/01/1998 04:43P 370 Sara Fisher 120 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS (9) Underground Valves. Underground stop and waste valves shall not be installed on any water service. (10) Water -Riser Pipes. Water -riser pipes shall extend a minimum of four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe shall be a minimum of three - quarter (3/4) inch. The water outlet shall be capped when a mobile home does occupy the lot. (11) Prevent Treezing. Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe. (12) Shutoff Valve. A shutoff valve below the frost line shall be provided near the water -riser pipe on each mobile home lot. C. Sewage Disposal. (1) Adequate System Required. An adequate sewage system shall be provided in each mobile home park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (2) Sewer Lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten (10) feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials that comply with state or local laws and shall meet the Department of Colorado Public Health and Environment design criteria. (3) Sewage Treatment and /or Discharge. Where the sewer lines of the park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the Environmental Health Manager prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State, except with prior approval of the Department of Colorado Public Health and Environment. (4) Sewer Riser Pipe. Each mobile home stand shall be provided with a minimum four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home system outlet will approximate a vertical position. LAND USE REGULATIONS 3 -35 EAGLE COUNTY, COLORADO clxySlWO /nlelimerlmBkldiUFJ -i. Nortmbn 2i, 1Y93 I "III 11111 111' 11111111 I I I IN I I I I I' I' 1 1 III 1111111 I I I" I 678174 12/01/1998 04:43P 370 Sara Fisher 121 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -310 REVIEW STANDARDS (a) Minimum Dimensions. The sewer connection shall have a nominal inside diameter of a minimum of three (3) inches and the slope of any portion thereof shall be a minimum of one - eighth (1/8) inch per foot. The sewer connection shall consist of one (1) pipe line only, with no more than one (1) stand served by one (1) individual sewer connection. Underground branch fittings of four (4) inch lines shall not be permitted. All joints shall be watertight. (b) 'Materials. All materials used for sewer connections shall be rigid or semi- rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. (c) Plugging. Provisions shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. The rim of the riser pipe shall extend a minimum of four (4) inches above ground elevation, unless such riser pipe is protected within a recessed box or sleeve. d. Fire Protection. Adequate fire protection shall be provided and shall be in compliance with all applicable fire codes and standards. e. Service Building. LAND USE REGULATIONS alxp5lbomltllmn�mg(aINrURl3. Nmrmdrrli, IflJB (1) Applicability. The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as management offices; repair shops and storage areas; sanitary facilities; laundry facilities; indoor recreation areas; and commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings. (a) Protection. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (b) Sanitary or Laundry Facilities. All rooms containing sanitary or laundry facilities shall: i) Walls. Have sound - resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, 3 -36 EAGLE COUNTY, 11111111111111111111111111 678174 12/01/1998 IN 04:43P IIIIIIII III 1111111 II 1111 370 Sara Fisher 122 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -370. REVIEW STANDARDS non - absorbent waterproof material or be covered with moisture resistant material. ii) Windows. Have a minimum of one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten (10) percent of the floor area served by them. A minimum of one (1) window shall be capable of being easily opened, or the room shall have a mechanical device that will adequately ventilate the room. iii) Toilets. Have toilets locked in separate compartments equipped with self - closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. iv) Illumination. Have illumination levels maintained as follows: a. Five (5) foot candles for general seeing tasks; and b. Forty (40) foot candles for laundry room work area and toilet room in front of mirrors. v) Hot and Cold Water. Have hot and cold water furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water furnished to every water closet and urinal. L Supervision. (1) Attendant. The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. (2) Owner Answerable. The park owner shall be answerable for the violation of any provision of these Regulations, except those that expressly involve unit owners or tenants. (3) Refuse Handling. The storage, collection and disposal of refuse in a mobile home park shall be so arranged as not to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air LAND USE REGULATIONS 3 -37 EAGLE COUNTY, COLORADO ➢J/ I,limul�8la�r 3 1 111111 11111 1111111 11111 III IN 11111111 III !111111 II 1111 678174 12/01/1998 04:43P 370 Sara Fisher 123 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTTCLE 3.- ZONE DISTRICTS 3 -370 REVIEW STANDARDS pollution. All refuse shall be disposed of at either a municipal or County designated landfill site, at a minimum once per week. (4) Pest Control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to- control insects and rodents shall conform with the requirements of the County Environmental Health Office and the Department of Colorado Public Health and Environment. (5) Pet Control. The owners or managers of a mobile home park, or the owners or persons in charge of any dog, cat, or other pet animal shall keep such animal on a leash, not exceeding ten (10) feet, or shall confine such animals within the unit space or designated areas within the park, and shall not permit such animal to commit any nuisance. Animals are restricted to household pets only. (6) Electrical Distribution and Communication Wiring. (a) Distribution System. Each mobile home park shall contain an electrical distribution system to each lot or site, consisting of wiring, fixtures, equipment and appurtenances hereto that shall be installed and maintained in accordance with the applicable electrical code currently in force. Telephone and cable TV systems may be installed and maintained. (b) Approval By Utility. All plans for the above services shall have the approval of the responsible utility prior to County approval of mobile home park plans. 5. Standards For New Recreational Vehicle Parks or Additions to an Existing Park. A recreational vehicle park shall be limited to supplying parking spaces for travel trailers, camper vehicles and /or tent camping. Permanent occupancy in a recreational vehicle park shall not be allowed. g. Site Improvements. LAND USE REGULATIONS <:IxySlWUlnldimla1ro8111MIWTd. N—e 11 H. 109 (1) Access. The park shall have access to a public road. (2) Drainage. The park shall be located on a well - drained site that is graded or drained and is free from stagnant pools of water. (3) Landscaping. The site plan shall include a landscaping plan prepared in accordance with Section 4 -220 Landscape Plan. 111111 678174 "III "1'111 11'11 12/01/1998 111 I'I' 04.43P 111'1'11 I" 111111' II IN 370 Sara Fisher 124 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS (4) Minimum Area. A recreational vehicle park'shall contain a minimum of five (5) acres. (5) Minimum Setbacks. (a) Vehicles. Recreational vehicles and /or tents shall be setback a minimum of twenty (20) feet from each other. (b) Boundaries. The recreational vehicle park shall comply with the following minimum setbacks: i) Front Yard. The recreational vehicle park shall be set back a minimum of fifty (50) feet from an arterial or collector road or twenty-five (25) feet from a local or mountain road. ii) Side or Rear Property Line. The recreational vehicle park shall be set back a minimum of twenty (20) feet from any side or rear property line. (6) Minimum Facilities for Recreational Vehicle Spaces. The area devoted to each recreational vehicle space shall be adequate to accommodate the following facilities: (a) Picnic Facilities. Each space shall be provided with a fireplace or fire circle, a picnic table and a well- drained, level site. (b) Parking Space. Each space shall provide one (1) graveled parking space; (c) Vehicle Barriers. Adequate barriers shall be provided to confine vehicles to driveways and parking spaces. () Driveways. All recreational vehicle spaces shall abut upon a driveway, graded for drainage and maintained in a rut and dust free condition, that provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be fifteen (15) feet for one -way traffic or twenty-five (25) feet for two -way traffic. No parking shall be permitted on the driveways. (8) Clean and Sanitary Condition. The park owner shall be responsible for ensuring that the recreational vehicle park is maintained in a clean and sanitary condition, free from hazardous or noxious materials, weeds and refuse. LAND USE REGULANONS 3 -39 EAGLE COUNTY, COLORADO elxy9bomlc4nJ9ru81r1 &iWtTd. November33. 1998 1111111111111111111111111111111111111 IN IIIIIIII III 1111111 II 1111 678174 12/01/1998 04:43P 370 Sara Fisher 125 of 405 R 0.00 D 0.00 N 0.00 Eagle CO �Y 3 ARTICLE 3, ZONE DISTRICTS •3 -370. REVIEFISTANDARDS It. Water Supply and Distribution. LAND USE REGULATIONS clxyJlWVmlNmulwebllidlRT -l. Koeemba lJ, lMB (1) Comply With Standards. A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and recreational vehicle parka Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and it shall be the exclusive supply used. When such a public water supply is not available, a central water supply system may be developed and used if it meets standards of the Department of Colorado Public Health and Environment. (2) Located To Avoid Contamination. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. (3) Treatment. The treatment of a private water supply shall be in accordance with applicable state and local laws and regulations. (4) Connection. The park's water supply system shall be connected by pipes to all recreational vehicles, buildings, and other facilities requiring water. (5) Equipment. All water piping, fixtures and other equipment shall be } constructed and maintained in accordance with state and local regulations and requirements and shall be of types and in locations accepted by the County Environmental Health Office. (6) Pressure. The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) psi, under normal operating conditions at service buildings and other locations requiring portable water supply. (7) Separation. A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines. (8) Underground Valves. Underground stop and waste valves shall not be installed on any water service. (9) Supply. The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections. (10) Individual Water Service Connections. If facilities for individual water service connections are provided, the following requirements shall apply: 3-40 EAGLE COUNTY, I"I�I "III "I'lll 678174 11111 12/01/1998 111 IN 04:43P III'I"I 1111111111111111 370 Sara Fisher 126 of 403 R 0.00 D 0.00 N 0.00 Eagle CO ) ARTICLE 3: ZONE DISTRICTS 3 -310 REVIEW STANDARDS (a) Riser Pipes. Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of recreational vehicles. Water riser pipes shall extend a minimum of four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be three- quarter (3/4) inch. (b) Prevent Freezing. Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes. (c) Valves. Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use. (d) Connection. The park's water supply system shall be connected by pipes to all recreational vehicles, buildings, and other facilities requiring water. Y (11) Water Stations. (a) Stations for Recreational Vehicle Area. Each recreational vehicle parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of back flow and back siphonage. (b) Stations for Tent Camping Area. Each tent camping area shall be provided with at least one (1) individual watering station no more than two hundred (200) feet from any tent camping space; such station to be constructed similar to individual water service connections as provided under this Section, except that riser height shall be between thirty (30) inches and thirty two (32) inches and a splash pad shall be installed around the base. Sewage Disposal. An adequate sewage system shall be provided in each recreational vehicle park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Line. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten (10) feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be LAND USE REGULA77ONS 3 -41 EAGLE ,COUNTY, COLORADO clxPSlNnminlimo-4n8(eWiNRT -3. NnwmMrl{ /ryH I I"III I'III'IIIIII "III I'I IIII IIIIIIII III IIII'll'I IN 678174 12/01/1998 04:43P 370 Sara Fisher 127 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 3, ZONE DISTRICTS 3 -310. REVIEW STANDARDS constructed of materials that comply with state or local laws and with Department of Colorado Public Health and Environment design criteria. (2) Sewage Treatment and /or Discharge. Where the sewer lines of the park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the Environmental Health Office prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Department of Colorado Public Health and Environment. (3) Individual Sewer Connections. If facilities for individual sewer connections are provided, the following requirements shall apply: (a) Sewer Riser Pipe. The sewer riser pipe shall be a minimum of four (4) inches in diameter, shall be trapped below the ground surface and shall be so located on the trailer space that the sewer connection to the trailer system will approximate a vertical position. (b) Sewer Connection. The sewer connection shall have a nominal inside diameter of a minimum of three (3) inches, and the slope of any portion thereof shall be a minimum of one - eighth (1/8) inch per foot. All joints shall be watertight. (c) Materials. All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. (d) Plugging. Provisions shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser. (4) Sink Wastes. No liquid wastes from sinks shall be discharged into or allowed to accumulate on the ground surface. (5) Sewage Treatment and /or Discharge. Where the sewer lines of the travel trailer parking area are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the County Environmental Health Office prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the Colorado State Department of Health. 111111111111 678174 BIT HE 12/01/1998 III IN 04:43P 11111111III 111111111IN 370 Sara Fisher 128 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -42 EAGLE COUNTY, COLORA<:.;. c9xp51WemlrllmulmgklWrUFT3. Mahn ,V. 103 ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS j. Fire Protection. Adequate fire protection shall be provided and shall be in compliance with all applicable fire codes and standards. k. Electrical Distribution and Communication Wiring. (1) Electrical Distribution System. Each recreational vehicle park shall contain an electrical distribution system to each lot or site, consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the applicable electrical code currently in force. Telephone and cable TV systems may be installed and maintained. (2) Approval By Utility. All plans for the above services shall have the approval of the responsible utility prior to County approval of park plans. 1. Service Building. (1) Applicability. The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as management offices; repair shops and storage areas; sanitary facilities; laundry facilities; indoor recreation areas; and commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings. (a) Protection. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (b) Sanitary or Laundry Facilities. All rooms containing sanitary or laundry facilities shall: i) Walls. Have sound - resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non - absorbent waterproof material or be covered with moisture resistant material. ii) Windows. Have a minimum of one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten (10) percent of the floor area t LAND USE REGULATIONS 3-43 EAGLE COUNTY. COLORADO dnp9WmnlcAmueuglAWiUFF3, Novrm5v 2i. 1938 111111111111111111111111111111111 IN IIIIIIII 111 111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 129 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r fi ARTICLE 3: ZONE DISTRICTS 3 -310. REVIEW STANDARDS served by them. At least one (1) window shall be able to be easily opened, or the room shall have a mechanical device that will adequately ventilate the room. iii) Toilets. Have toilets locked in separate compartments equipped with self - closing doors, shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. iv) Illumination. Have illumination levels maintained as follows: a. Five (5) foot candles for general seeing tasks; and b. Forty (40) foot candles for laundry room work area and toilet room in front of mirrors. V) Hot and Cold Water. Have hot and cold water furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water furnished to every closet and urinal. (3) Required Community Sanitary Facilities. (a) Central Service Building. A central service building containing the necessary toilet and other plumbing fixtures specified shall be provided in recreational vehicle parking areas that provide spaces for vehicles and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately three hundred (300) feet to the spaces served. Provided that when a recreational park is designed for and exclusively limited to use by self - contained vehicles, no public sanitary facilities shall be required. (b) Sanitary Facilities for Women. Sanitary facilities for women shall include a minimum of one and one -half (1 -1/2) flush toilet, one (1) lavatory and one (1) shower for each fifteen (15) recreational vehicle or tent spaces or fractional number thereof. (c) Sanitary Facilities for Mien. Sanitary facilities for men shall include a minimum of one (1) flush toilet, one (1) urinal, one (1) lavatory and one (1) shower for each fifteen (15) recreational vehicle or tent spaces or fractional number thereof. LAND USE REGULATIONS 3-44 EAGLE COUNTY, COLORA_ a1xP51WalolcPeNdeo81a1NilAlfJi. November )3, 1998 II'III 11111 1111111 HE III IN III'I"I III'I'll II'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 130 of 405 R 0.00 0 0.00 N 0.00 Eagle CO 3 q,. ARTICLE 3: ZONE DISTRICTS 3 -310 REVIEW STANDARDS (d) Recreational Vehicle Park Connected to Resort. When a recreational vehicle park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule of recreational vehicle spaces and shall be based on the maximum number of persons allowed to use such facilities. M. Supervision. (1) Attendant. The attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. (2) Owner Answerable. The owner shall be answerable for the violation of any provision of these Regulations. (3) Refuse Handling. The storage, collection, and disposal of refuse in a recreational vehicle park shall be so arranged as to not create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site, at minimum once per week. (4) Pest Control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects land rodents shall conform with the requirements of the County Environmental Health Office and the Department of Colorado Public Health and Environment. (5) Pet Control. The owners or managers of a recreational vehicle park, or all owners or persons in charge of any dog, cat, or other pet animal shall have such animal on a leash, not exceeding ten (10) feet or shall confine such animals within the space or designated areas within the park, and shall not permit such animal to commit any nuisance. Animals are restricted to household pets only. 6. Application Procedures for Mobile Home and Recreational Vehicle Parks. A Special Use Permit, issued pursuant to Section 5 -250, Special Uses, is required to establish a mobile home or recreational vehicle park or for additions to existing parks. Z. Multi- Housekeeping Dwelling Unit. 1. Parking. There shall be a minimum of one (1) off - street parking space per bedroom. LAND USE REGULATIONS 3-45 EAGLE COUNTY, COLORADO cax ➢SIWO1nICGmu1rR81eIWiLLPT -3. Fbtxmbrr l3. /9P8 I IIII IIII "VIII VIII III I'I' IIIIIIII III 'I"' IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 131 of 405 R 0.00 0 0.00 N 0.00 Eagle CO AR77CLE 3: ZONE DISTRICTS 3 -320 COMMERCIAL & INDUSTRIAL USE SCHEDUL E 2. Dimensional Limitations. Multi- Housekeeping Dwelling Units shall 'only be permitted on parcels that conform to the minimum lot size standards of the underlying zone district. SECTION 3 -320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule ", categorizes the uses that are applicable to the County's commercial and industrial zone districts. A. Symbols. Table 3 -320 utilizes the same symbols as are described in Section 3 -300, Residential. Agricultural and Resource Zone Districts Use Schedule. B. Uses Not Listed. Uses that are not listed in Table 3 -320 shall be considered to be uses that are not allowed, unless one of the following occurs: 1. Regulations Amended. An amendment to these Land Use Regulations is adopted, pursuant to Section 5 -230, Amendments to the Text of These Land Use Regulations or the Official Zone District Ma-g, that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed. 2. Determination of Similar Use. The Community Development Director determines, pursuant to Section 5 -220, Interpretations, that the proposed use is sufficiently similar to a use listed in Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule ". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. 111111 878174 "III "1'111 11111111 12/01/1998 IN 04:43P 11111"1111111111111 IN 370 Sara Fisher 132 of 403 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 -06 EAGLE COUNTY, can ➢S1 WUm1<4rn4ka81ellQrUA! -3. Nuvembn ]]. )9Y8 y ARTICLE 3: ZONE DISTRICTS 3 -320. COMMERCIAL & INDUSTRIAL USE SCHEDULE Adult Entertainment Uses N S I S I S Sec. 3 -330 H Agricultural Equipment, Su lies and Materials Store L R R L Appliance Sales R R N R Appliance Service or Repair L R N S Art Gallery R R N R Sec. 3 -330 B Auto Service Station and Repair Garage' S S R S Auto and Vehicle Parts Store R R N R Bank R R N R Book, Music or Video Store R R N R Car Wash R R R L 1A Service Farmers Market R R I S R Feed Store R R N R Food or Beverage Store or Bakery R R N R Furniture Store R R N R Garden Supply and Plant Materials Store /Greenhouse /Nurse R R R R Sec. 3 -330 B Hardware Store R R N R Indoor Amusement, Recreation or Theater R R N R Laundromat R R N R Laundry or Dry Cleanine Pick -UD Station R R N R LAND USE REGULA77ONS 3 -47 EAGLE COUAI Y, COLORADO L,A�nrnlmmram8l.,�r 3. No 111111111111111111111111111 IN IIIIIIII 111 11111 IN Ilil 678174 12/01/1998 04:43P 370 Sara Fisher 133 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 3: ZONE DISTRICTS 3 -320 COMMERCIAL & INDUSTRIAL USE SCHEDULE 10 II Personal Adornment /Barber or Pharmacy R R N R Photography Studio R R N R Sec. 3 -330 D Print Shop or Publishing R R N R Private Club R R N R Reading Room R R N R Resort Recreational Facility N N N S Restaurant R R N R Shoe Repair R R N R Studio for Conduct of Arts and Crafts R R S R Sec. 3 -330 C Tailor Shop R R N R Tattoo Parlor /Personal Adornment S S N S Vehicle, Aircraft and Pleasure Boat Rental S S R S Sec. 3 -330 D Vehicle, Aircraft and Pleasure Boat Sales, Storage, Service or N S R N I Commercial Laundry or Construction and Demolition Debris Facility N S S S Contractor Storage Yard N S R S 'LAND USE REGULATIONS tAxyJ/Wntul�4mu1,u81eI4LLtFT -i I.I,4 423. IW8 3 -48 EAGLE COUNTY, Q IIIIII IIIII IIIIIII III III IN IIIIIIII III IIIII IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 134 of 405 R 0.00 D 0.00 N 0.00 Eagle CO X AR77CLE 3: ZONE DISTRICTS 3 -320. COMMERCIAL & IND USTRIAL USE SCHEDULE Extraction and Processing of gravel, minerals, rocks, sand or other earth products N N S I N 408 R 0.00 Lumber Mill N N S N Lumber Yard N S R N Manufacture, Assembly or Preparation of Articles or Merchandise From Previously Prepared Materials N S R N Sec. 3 -330 E Manufacture, Compounding, Processing, Packaging or N N L N I Sec. 3 -330 F Manufacture, use or storage of explosives N N I S I N 408 R 0.00 Motor Freight Depot N S R N Planer Mill N N S N Plant for Processing Natural Resources and Agricultural N S5 S N Recyclable Materials Processing S S S S 408 R 0.00 Recycling Operation S S R S Reduction or Disposal by Sanitary Landfill Method of waste materials, garbage, offal or dead animals; or refuse disposal area conducted under a landfill or sanitary landfill method N N S N Saw Mill N N S N Shop for Blacksmith, Cabinet Maker, Electrician Glazing, Machining, Plumbing, or Sheet Metal N S R N Telecommunication Facilities S S S S Transfer Station S S R S Truck StoD N S R S LAND USE REGULA, 0NS alxyflWnmirbm44ag(e1WSUFTd. N ..mb"V' 108 1 111111 IIIII 678174 1111111 IIIII 12/01/1998 III IN 04:43P IIIIIIII 111 11111 IN IIII 370 Sara Fisher 138 of 408 R 0.00 0 0.00 N 0.00 Eagle CO 3-49 &IGLE COUNTY, COLORADO ARTICLE 3: ZONEDISTRICTS 3 -320 COMMERCIAL & INDUSTRIAL USE SCHEDULE Wholesale Establishments, including sale of appliances, S S R S automotive and vehicular equipment, beverages, building materials, clothing, dry goods, feed, food, fuel, furniture, Barden suDDly and Dlant materials. hardware and mobile homes Day Care Center L S S I L Sec. 3 -310 D Day Care Home L L N L Sec. 3 -310 D Dwelling Units S S N S Sec. 3 -330 G Hotel or Motel S S N S Mobile Home Park S S N S Sec. 3 -310 Y Ambulance Facility R R R R Auditorium S N N S Church S N N S Community or Public Administration Building S S N S Educational Facility S S N S Fraternal Lode R R N R Heliport S S S S Helistop L R R L Hospital S S N S Impound Lot N S S N Library R R N R Museum R R N R Open space or Greenbelt R R R R LAND USE REGULATIONS c4y5 /Nnmldlmo-lm8414(rL4PTd. Nurc.Mn33, )Y98 3 -50 EAGLE COUNTY, 1"111'1111 "1'111 I"II 111 IN III'I"I 111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 136 of 405 R 0.00 D 0.00 N 0.00 Eagle CO -1 n ) y ARTTCLE 3: ZONE DISTRICTS 3 -320. COMMERCIAL & INDUSTRIAL USE SCHEDULE TAIBLE'3 7320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by .j imited Review; C/Lr C1W I' RCz standards S = AlIowed by Special Review; N = LQot;Allowed Parking Lot or Garage (as the principal use of the parcel) S S S S— Recycling Collection Center R R R R Post Office /Private Postal Facility R R S R Transportation Services S S S S Utilities, including water storage and treatment and wastewater S S S S treatment facilities Utility Distribution Facilities R R R R Utility Substation S S S S Water Impoundments S S S S Tem orar' Uses Temporary Building or Use S S S S Sec. 3 -310 W Notes: 1. Each allowed use shall not exceed 22,000 s.f. of floor area and shall only occur on a lot greater than one (1) acre in size. Any use by right that meets these standards may only be developed on a lot that was parr of a subdivision approved by Eagle County for which site specific information was provided regarding lot layout, street pattern, drainage, landscaping and utilities; otherwise, the use shall be considered a use allowed by special review. 2. Any use listed in Table 3 -300 as a use by right in the Residential Suburban Medium Density (RSM) zone district shall be considered a use by right in the Rural Center (RC) zone district. Any use listed in Table 3 -300 as a use allowed by special review in the Residential Suburban Medium Density (RSM) zone district shall be considered a use allowed by special review in the Rural Center (RC) zone district. 3. Auto service station may also include a car wash. 4. In addition to the standards listed for particular uses, see also Article 4, Division 5, Commercial /Industrial Performance Standards. 5. Limited to processing of natural resources and agricultural materials for food and beverages or clothing. LAND USE REGULATIONS r9xpsl44rzu1NeatlumgQl(tliURT - -J. x..m'z3. IM 111111111111111111111111111 678174 12/01/1998 IN 04:43P 11111111 III 11111 1111 1111 370 Sara Fisher 137 of 406 R 0.00 D 0.00 N 0.00 Eagle CO 3 -5I EAGLE COUNTY, COLORADO AR77CLE 3: ZONE DISTRICTS 3 -330 REVIEW STANDARDS COMMERCIAL & INDUSTRIAL USES SECTION 3 -330. REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL USES Certain uses are important to the County's character and functions, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan, operating characteristics, intensity and similar factors. Those uses in the County's commercial or industrial zone districts that require such additional standards -are identified in the "Standards" column of Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule ". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2 -110, Definitions. The following uses are addressed in this section: A. Drive -in Facility B. Garden and Plant Materials Store C. Studio for Arts and Crafts D. Vehicle, Aircraft and Pleasure Boat Rental E. Manufacture, Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials F. Manufacture, Compounding, Processing , Packaging or Treatment of Products G. Dwelling Units A. Drive - through Facility. 1. Circulation. Drive - through lanes shall provide a minimum of five (5) stacking spaces per drive up window or counter, which shall be separated from circulation areas required to enter, exit or circulate through the property. Drive - through lanes shall be marked by striping, pavement markings or barriers. 2. Minimize Impacts. Drive - through lanes shall be designed, located and operated to minimize impacts on adjoining properties. a. Screen. A fence, wall or other opaque screen that is a minimum of six (6) feet in height shall be provided on all sides of the drive -in facility that are located adjacent to property that is zoned for or used for residential purposes. B. Garden Supply and Plant Materials Store. All activity associated with a garden supply and plant materials store shall be conducted within a building, provided that plants may be stored and sold outside, within a confined area that is appropriately fenced or screened. Plant materials may be used for outside screening purposes. LAND USE REGULATIONS 3 -52 EAGLE COUNTY, c:i.ysvmoim'. "vi.ago-ivuxrs. na..w.,v, svaa I"III "�II "I'III "'II I'I I'I' III'I"I III'I"�I I'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 138 of 405 R 0.00 D 0.00 N 0.00 Eagle CO .--., AR77CLE 3: ZONE DISTRICTS 3 -330. REVIEW STANDARDS COMMERCIAL & MDUSTRIAL USES 43 3 C. Studio for Conduct of Arts and Crafts. All activity associated with a studio for the conduct of arts and crafts shall be conducted within a building. D. Vehicle, Aircraft and Pleasure Boat Rental. In the Commercial Limited (C /L) zone district, rentals shall be limited to vehicles only and shall exclude aircraft and pleasure boats. E. Manufacture, Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials. Manufacture, assembly or preparation activities shall be limited to only the prepared F. Manufacture, Compounding, Processing, Packaging or Treatment of Products. 1. Limitations. Manufacture, compounding, processing, packaging or treatment shall be limited to items such as bakery goods, candy, cosmetics, dairy products, drugs, meat, perfumed toilet soap, perfumes, pharmaceuticals and toiletries. 2. Exclusion. Manufacture, compounding, processing, packaging or treatment shall specifically exclude the rendering of fats and oils, fish and meat slaughtering and fermented foods, such as sauerkraut, vinegar or yeast. G. Dwellings Units. Dwelling units shall not exceed thirty-three (33) percent of the total floor area of all buildings on the site. LAND USE REGULATIONS 3 -53 . EAGLE COUNTY, COLORADO c'IWT /VONkFmh1red41brNPJ.J. Nowmhr L. l➢X 111111111111111111111111111 I'I' III'I"I III'I'I'I I'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 139 of 405 R 0.00 D 0.00 N 0.00 Eagle CO materials listed in Table 3 -330 E., List of Prepared Materials. �AB�,E 3 334E 1. Aluminum; 12. Hair; 21. Rubber; 2. Bone; 13. Horn; 22. Shell; 3. Canvas; 14. Iron; 23. Steel; 4. Cellophane; 15. Lacquer; 24. Textiles; 5. Cloth; 16. Leather; 25. Tin; 6. Cork; 17. Paint;' 26. Tobacco; 7. Feathers; 18. Paper; 27. Wax; 8. Felt; 19. Plastic; 28. Wire; 9. Fiber; 20. Precious or 29. Wood;2 10. Fur; semi- precious metals 30. Yarn. 11. Glass; or stones; Notes: 1. Painting shall not employ a boiling process. 2. Excluding saw mill, lumber mill, planing mill, and molding plant. F. Manufacture, Compounding, Processing, Packaging or Treatment of Products. 1. Limitations. Manufacture, compounding, processing, packaging or treatment shall be limited to items such as bakery goods, candy, cosmetics, dairy products, drugs, meat, perfumed toilet soap, perfumes, pharmaceuticals and toiletries. 2. Exclusion. Manufacture, compounding, processing, packaging or treatment shall specifically exclude the rendering of fats and oils, fish and meat slaughtering and fermented foods, such as sauerkraut, vinegar or yeast. G. Dwellings Units. Dwelling units shall not exceed thirty-three (33) percent of the total floor area of all buildings on the site. LAND USE REGULATIONS 3 -53 . EAGLE COUNTY, COLORADO c'IWT /VONkFmh1red41brNPJ.J. Nowmhr L. l➢X 111111111111111111111111111 I'I' III'I"I III'I'I'I I'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 139 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i ARTICZE3 ZONE D[.0 CTS 340 O O/SIRICTDlM NS /ON4 i A ✓S c... � H. Adult Entertainment Use. An adult entertainment Use shall not operate within 500 feet from any Of the following preexisting uses: a single family residence, a multi - family residence, a duplex residence, a school or a church. 1. Operating Hours. Adult entertainment uses shall be open only from the hours of 6:00 p.m. to 1:00 a.m., except that an Adult Bookstore is not required to limit its operating hours. 2. Age Limitation. No one under 21 years of age shall be admitted to any establishment providing an adult entertainment use. This minimum age limitation also applies to any employees, agents, servants or independent contractors working on the premises during hours when nude entertainment is being presented. 3. School Defined. For purpose of this section, "school" means any private or public educational institution primarily providing instruction to students 18 years of age and younger, including, but not limited to, pre - schools, kindergartens, elementary, middle and high schools. SECTION 3 -340, ZONE DISTRICT DIMENSIONAL LIMITATIONS A. Schedule of Dimensional Limitations. Table 3 -340, "Schedule of Dimensional Limitations,,, specifies the dimensional limitations applicable to development in the County's residential, agricultural, resource, commercial and industrial zone districts. All development shall comply with these limitations, unless more restrictive standards or limitations are specified by these Land Use Regulations, in the forin of: 1. Standards for a Particular Use. Standards specified for a particular use in Section 3- 310, Review Standards Applicable to Partin fl r Re idential Agricultural and Resource es, or Section 3 -330, Review Standards Applicable to Particular omm rrial and Industrial Uses; 2. Standards of a PUD Zone District. Standards specified by an approved planned unit development (PUD); or 3. Other Standards. Other standards specified by these Land Use Regulations, such as any applicable limitations for development on steep or unstable slopes. B. Dual Use of Required Areas. A lot area, yard or open space area that is required by these Land Use_ Regulations for a use shall not also be a required lot area, yard or open space area for another use. i I��III "�II "I'lII "'II I'I I'I' I�I'I"I III'I"'I III I"I 678174 12/01/1998 04:43P 370 Sera Fisher 140 of 408 R 0.00 D 0.00 N 0.00 Eagle Co LAND USE REGULATIONS 3 -54 EAGLE COUNTY, COLORADO ARTTCLE 3.• ZONE DISTRICTS 3 -340 ZONE DISMCT DIMENSIONAL LIMITATIONS C. Special Provisions for Yards. The following requirements shall be observed in all zone districts: 1. Through Lots. On lots extending from one (1) street to another paralleling street, the street from which access is obtained shall be considered the front street for purposes of calculating front yard setbacks. If a use obtains access from both streets, then both streets shall be considered front streets for purposes of calculating front yard setbacks. 2. Comer Lots. On lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both sides. Projections. Every part of a required yard shall be unobstructed from ground level to the sky except for permitted projections of architectural features, as follows: a. Patios, Walks, Steps and Portable Play Equipment. Patios, walks, at -grade steps and portable play equipment may project into a required yard without restriction. b. Fire Escapes and Individual Balconies. Fire escapes and individual balconies not used as passageways may project eighteen (18) inches into any required side yard or four (4) feet into any required front or rear yard. C. Roof Overhangs, Stairways and Decks. Roof overhangs, stairways and decks greater than six (6) inches in height may project eighteen (18) inches into any required front, side or rear yard. Decks that are less than six (6) inches in height may project into any required front, side or rear yard without limitation. d. Satellite Dishes. Satellite dishes that are no more than three (3) feet in diameter may be located within a required yard. Any satellite dish with a diameter greater than three (3) feet shall be located so as to comply with the setback requirements of the underlying zone district. 4. Fence, Hedge or Wall. A fence, hedge, or wall may be located in any required yard, provided that the fence, hedge or wall shall not exceed eight (8) feet in height in a required side or rear yard, nor shall it exceed three (3) feet in height in any required front yard, except in the Commercial Limited (CL), Commercial General (CG), Industrial (1), Rural Center (RC) and Resource (R) zone districts, where an eight (8) foot fence, hedge, or wall may be located in all yards (front, side, and rear). IIIIIII" 678174 III" VIII "IIIIIIINIIIIIIIIIIIIIIIIIIIIIN 12/01/1998 04:43P 370 Sara Fisher 141 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATTONS 3 -55 EAGLE COUMT, COLORADO clnp5 /Hnml<GemIm461NiUR( -3. Nmrmler 3J, 1W8 I p� Vl O O .G h by o a 5 bu �a o'a y •db y ^.o � 9 O L R'9 y y., •-N. r ° go a w O H 0 H O H N °7 y N G,4, r O O 00 O Ow vs O N O CO bn.5 N Abp y �b by bA� ••50 OA'9 N N A to O y A W W O O b0 .G h o � O O O � 9 O L y W .pu u y y., •-N. QU � H u N by OIl •� � � H 0 H vi o M � O O (N+1 I M O I O w O C O by W O O b0 bo b o .c .5 o z A i O .fl 9 O L y W .pu u y y., •-N. QU du F+o�J'� F o•9 H 0 H H O H O N O C, .Ni O O O O b y •� y �b � •'� � is .r 7 N A to O y A O O 0 o .c .5 o z H N y 9 y w QU du °v c� O O M I M O I O W O O w O O 0 o .c .5 o z 0.- N y 9 y w go .9 .9 F o•9 ¢� V < L) H 0 H 0 N O C, .Ni O O bA'9 p bO rJ' A O O a O O z z w w w ¢� V < L) 0 0 0 0 ro � a O O z z 878174 12/01/1998 04:43P 370 Sara Fisher 142 of 403 R 0.00 D 0.00 N 0.00 Eagle CO N OUP: >...,:,. O U V U W z 3 Y a w w w o 0 N y H H z7 ¢Hi 'v aHi v , a'"i 'v uHi 0 z z 878174 12/01/1998 04:43P 370 Sara Fisher 142 of 403 R 0.00 D 0.00 N 0.00 Eagle CO N OUP: >...,:,. O U V U W z 3 Y a w w w o 0 N y H H d V N h 0 878174 12/01/1998 04:43P 370 Sara Fisher 142 of 403 R 0.00 D 0.00 N 0.00 Eagle CO N OUP: >...,:,. O U V U W z 3 Y i �r�j ayi O d' fofjj C C in in 0 Z4 0 Lt U G q q 0 0 0 0 O DA w o O W Nr N .cq w OO'O O N � 0 0. O � bD'� O 'rJ .'S O J 'S H O H O H O N .� •� V1 .� ,� h .� JJ' CN O O CN O O ,Ni O O W .G S'm !fA tl n M .'� V] N L�� N iH,� N H� H� y .H.� y 2 VI : U .-I Q U �-I U 9 d V 3 .. O O O O ti 7i O O O z z 0 0 0 0 0 °v o 0 o 0 z z z z c d _ _ o w w w s � y N y p NN prn Oc p U U i "I'III "'II I'I I'I' III'I"I III II'I" III I"I � I I"III 678174 "III 12/01/1998 04:43P 370 Sara Fisher 143 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 111111111111111111111111111 678174 12/01/1998 IN 04:43P IIIIIIII III 111111 111 1111 370 Sara Fisher 144 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 0 0 U - t O U W V k AR77CLE 3: ZONE DISTRICTS 3 -340 ZONE DISTRICT DIMENSIONAL LIMITA770NS Notes: Minimum lot area per use may be further restricted if an individual sewage disposal system is proposed. For standards see Section 4 -690, Sanitary Sewage Disposal Standards. 2. Maximum lot coverage and maximum floor area may be further restricted by other standards of these Regulations, including slope development standards. Provided no residential lot shall be so restricted by minimum lot area per use or maximum floor area ratio limitations that it cannot be occupied by a single - family dwelling containing no more than fifteen hundred (1,500) square feet of floor area. 3. A 50 foot strip of land or the 100 year floodplain, whichever is the greater distance, measured horizontally from the high water mark on each side of any live stream shall be protected in its natural state with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon. If necessary to protect the stream, additional width may be required. Underground utilities may be located in such protected area providing there is no practical alternative location for such utilities, that the plans are approved by the County Commissioners as a Special Use, and that all construction scars are revegetated. 4. Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and spires, domes, cupolas, towers, antennas intended as an accessory use, and similar non - inhabitable building appurtenances may exceed the maximum height limitations of the underlying zone district by not more than thirty (30) percent. i 5. A Fulford Parcel is two (2) or more continuous lots, under common ownership as of January 1, 1988, as recorded in the office of the Eagle County Clerk and Recorder. 6. Floor area and setback limitations notwithstanding, a single ownership lot in existence as of January 1, 1988, and as recorded in the office of the Eagle County Clerk and Recorder, shall be permitted to contain a single - family residential unit containing up to one thousand (1,000) square feet of floor area, provided the maximum lot coverage of buildings shall not exceed twenty-five (25) percent of lot area. 7. The interior lot lines of two (2) or more contiguous lots under common ownership, as described in Note 4, above, shall not be used to determine setback requirements. 8. Considering only the net area of developable land. 9. Density shall not exceed twelve (12) dwelling units per acre of net developable land. 10. Effective density may be reduced by other standards of these Regulations, including the slope development standards. 11. Minimum lot area may be reduced for a Cluster Development; see Section 3 -310 B, Cluster Development. 12. A combination of compatible uses may be considered as a single use. 13. Or such smaller area as may have been legally created prior the adoption of subdivision regulations by Eagle County on April 6, 1964. LAND DEVELOPMENT REGULATIONS 3 -59 EAGLE COUNTY, COLORADO .._!? c:InySlWUmisRmrlmsteiNrUftEJ.co: NOV. MN4IWe I IIIIII "III IIIIIiI VIII III IIII IIIIIIII III IIIIiI 111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 145 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ..I ARTICLE 4 3 I ` SITE DEVELOPMENT STANDARDS - EAGLE COUNTY Mill 678174 Hill "IIIII IIIII 12/01/1998 111 IIII 04:43P IIIIIIII III 1111111111"1 370 Sara Fisher 146 of 405 R 0.00 D 0.00 N 0.00 Eagle CO T`� °f "' AR77CLE 4: SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS ARTICLE 4 SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS PAGE DIVISION 4 -1. OFF- STREET PARKING AND LOADING STANDARDS ................... 4 -1 Section4 -100. Purpose ...................... ............................... 4 -1 Section 4 -110. Applicability ................... ............................... 4 -1 Section 4 -120. Number of Required Parking and Loading Spaces ......................... 4 -1 Section 4 -130 General Standards for Parking and Loading Areas ........................ 4 -3 Section 4 -140. Design Standards for Parking and Loading Areas ......................... 4 -4 DIVISION 4 -2. LANDSCAPING AND ILLUMINATION STANDARDS .................... 4 -10 Section4 -200. Purpose ..................... ............................... 4 -10 Section 4 -210. Applicability ...... ............................... • • • • • • • • • • • . 4 -10 Section 4 -220. Landscape Plan ................ ............................... 4 -10 Section 4 -230. Landscaping Design Standards and Materials ........................... 4 -12 Section 4 -240. Installation and Maintenance Requirements ............................ 4 -15 Section 4 -250. Illumination Standards ........... ............................... 4 -17 DIVISION 4 -3. SIGN REGULATIONS ........... ............................... 4 -18 Section 4 -300. Purpose ..................... ............................... 4 -18 Section 4 -310. Applicability .................. ............................... 4 -18 Section 4 -320. Prohibited Signs ................ ............................... 4 -20 Section 4 -330. Sign Standards Applicable in all Zone Districts .......................... 4 -22 Section 4 -340. Sign Standards Applicable to Specific Zone Districts ...................... 4 -26 LAND USE REGULATIONS 44 EAGLE COUNTY, COLORADO ClxpNlWaralcG 'mnImBLINrLIRT�.CO: Nuermbrr 33. /f98 IIIIII'IIII I"'lll 11111 111 IN 111'1111 111 111111 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 147 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4: S7TE DEVELOPMENT STANDARDS TABLE OF CONTENTS wMe" Section 4 -350. Procedure to Obtain Sign Permit .... ............................... 4 -29 Section 4 -360. Nonconforming Signs ............ ............................... 4 -30 Section 4 -370. Violations and Penalties ........... ............................... 4 -32 DIVISION 4 -4. NATURAL RESOURCE PROTECTION STANDARDS .................... 4 -33 Section4 -400. Purpose ..................... ............................... 4 -33 Section 4 -410. Wildlife Protection .............. ............................... 4 -33 Section 4 -420. Development in Areas Subject to Geologic Hazards ....................... 4 -34 Section 4 -430. Development in Areas Subject to Wildfire Hazards ....................... 4 -39 Section 4 -440. Wood Burning Controls .......... ............................... 4 -41 Section 4 -450. Ridgeline Protection ............. ............................... 4 -43 Section 4 -460. Environmental Impact Report ..................................... ........................... III IIII 04:43P IIIIIIII III 'II'II1 1I 111 370 Sara Fisher 148 of 405 R 0.00 DIVISION 4 -5. COMMERCIAL AND INDUSTRIAL PERFORM CE STANDARDS ......... 4 -50 Section 4 -500. Purpose ...................... ............................... 4 -50 Section 4 -510. Applicability .................. ............................... 4 -50 Section 4 -520. Noise and Vibration Standards ...... ............................... 4 -50 Section 4 -530. Smoke and Particulate Standards .... ............................... 4 -50 Section 4 -540. Heat, Glare, Radiation and Electrical Interference ....................... 4 -51 Section 4 -550. Storage of Hazardous and Non - Hazardous Materials ...................... 4 -51 Section 4 -560. Water Quality Standards .......... ............................... 4 -52 DIVISION 4 -6. IMPROVEMENTS STANDARDS .... ............................... 4 -53 LAND USE REGULATIONS 4 -ii EAGLE COUNTY, COLORADO clxy&IWOmIC4mukaPlANiNHTLCO; N. '2. 11II1 1IIII 678174 111'111 I11II 12/01/1998 III IIII 04:43P IIIIIIII III 'II'II1 1I 111 370 Sara Fisher 148 of 405 R 0.00 D 0.00 N 0.00 Eagle CO M1 ARTICLE 4: SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS TABLE OF CONTENTS PAGE Section 4 -600. Purpose ..................... ............................... 4 -53 Section 4 -610. Applicability .................. ............................... 4 -53 Section 4 -620. Roadway Standards ............. ............................... 4 -53 Section 4 -630. Sidewalk and Trail Standards ...... ............................... 4 -86 Section 4 -640. Irrigation System Standards ............... :...................... 4 -88 Section 4 -650. Drainage Standards ............................................ 4 -89 Section 4 -660. Grading and Erosion Control Standards 4 -91 Section 4 -670. Utility and Lighting Standards ....... ............................... 4 -94 Section 4 -680. Water Supply Standards .......... ............................... 4 -95 Section 4 -690. Sanitary Sewage Disposal Standards .. ............................... 4 -97 DIVISION 4 -7. IMPACT FEES AND LAND DEDICATION STANDARDS ................. 4 -100 Section 4 -700. School Land Dedication Standards .. ............................... 4 -100 Section 4 -710. Road Impact Fees ............. ............................... 4 -101 1111111 678174 "III "1'111 111111111111 12/01/1998 04:43P 111'1"1 III 1111111111111 370 Sara Fisher 149 of 405 R 0.00 D 0.00 N 0.00 Eagle CO yJ LAND USE REGULATIONS 4 -iii EAGLE COUNTY, '[ clxy &IWNUI[f1m41[u81[�NrWtIi.CO: Nov[mb[r U. /%4 V-, _, ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -100. PURPOSE ARTICLE 4 SITE DEVELOPMENT STANDARDS DIVISION 4 -1. OFF - STREET PARKING AND LOADING STANDARDS SECTION 4 -100. PURPOSE This Division establishes parking standards for land uses within unincorporated portions of Eagle County. The standards are intended to lessen congestion on streets, to ensure an adequate supply of parking spaces within a reasonable distance of land uses and to provide standards for the design and use of required parking areas. SECTION 4 -110. . APPLICABILITY The standards of this Division shall apply to all development, including new uses, expansion of existing uses and the change of use ofland or structures. SECTION 4 -120. NUMBER OF REQUIRED PARKING AND LOADING SPACES _. A. Off - Street Parking Required. All uses shall be required to provide that number of off - street J parking spaces which complies with the standards set forth in Table 4 -120, "Minimum Off - Street Parking Standards For Each Use ". 1. Multiple Uses. If two (2) or more principal uses occupy a single parcel or structure, the number of required off - street parking spaces for the parcel or structure shall be the additive total for each principal use of the parcel or structure. 2. Shared Parking or Loading Areas. No parking or loading area that is required by these Land Use Regulations shall be a required parking or loading area for another use, unless it can be shown that the peak use periods for required parking or loading areas for two (2) or more uses located on the same or adjoining sites will not overlap with one another. Upon the presentation of satisfactory evidence by the applicant that such shared use will not result in a shortage of parking at any time, the Community Development Director may approve a shared use arrangement for said parking or loading area and may reduce the number of off - street parking spaces by up to twenty (20) percent of the total required for all uses. 3. Required Fractional Spaces. When any calculation of the number of required off - street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. } LAND USE REGULATIONS 4-1 EAGLE COUNTY, COLORADO ...�. <: IUyfOWOVUI <GenulmBfrlNrL4PT.i.N; Hnvr.MO33. 1938 I"III "III "1'111 VIII 111 IN III'I'll III 'I"'ll II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 150 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4• SITE DEVELOPMENT STANDARDS 4 -120 NUMBER REQUIRED PARKING & LOADING SPACES TABLE 4 -120 NIINIlVICTM OFF STREET PARIMG STANDARDS FOA EACH USE Use Parldn Standard Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit' Mobile Home Unit 2 spaces per mobile homes ace Multi -Family Dwelling Unit: 1 bedroom or studio 2 spaces per dwelling unit' 2 to 3 bedrooms 2.5 spaces per dwelling unit 4 or more bedrooms 3 spaces per dwelling unit Multi-Housekeeping Dwelling Unit 1 space per bedroom Lodging Unit (including hotel, motel, lodge, 1 space per room boarding house and similar uses) Retail, Service Commercial and Office 1 space per 250 s.f. of net leasable floor areal Restaurant and Tavem 1 space per every 4 seats Auditorium and Public Assembly Areas 1 space per 100 s.f of floor area used for seating or assembly Public Facilities and Health Facilities (excluding 1 space per 300 s.f. of floor area' auditorium and public assembly areas) Ski Facility: Visitors 1 space per 4 persons of maximum allowed skiers at one time (SAOT) Mountain Employees employees p er day/1.3 persons per day Manufacturing Establishment 1 space per 1,000 s.f. of floor area Wholesale Establishment, Warehouse, Rail or 1 space per 2,000 s.f. of floor area Truck Freight Terminals Notes: 1. The parking requirement for a studio or one (1) bedroom dwelling unit shall be 2 spaces per unit. 2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors and mechanical areas and storage areas used solely by tenants on the site. 4. Uses Not Listed. The number of required off - street parking spaces for any use not specifically listed in Table 4 -120, "Minimum Off - Street Parking Standards For Each Use ", LAND USE REGULATIONS 4-2 EAGLE COUNTY, COLORADO r: IwyfOWOrnidimul,oglelpiUA(J.CO: flavrnO.. 23. JW& 1 111111 11111111111111111 678174 12/01/1998 111 IN 04:43P 11111111 1111111111111111 370 Sara Fisher 151 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-130 STANDARDSIPARKING & LOADING AREA shall be determined by the Planning Commission, considering a report and recommendation by the Community Development Director. The report shall identify the standards for any similar uses listed in Table 4 -120, "Minimum Off - Street Parking Standards For Each Use ", and shall also identify other potentially applicable standards contained in recognized publications or used in communities similar to Eagle County. B. Off - Street Loading Required. Buildings or structures that are designed to receive and distribute materials and merchandise by truck, or that are substantially altered so as to receive and distribute materials and merchandise by truck, shall provide and maintain off - street loading berths or loading spaces in sufficient number to meet their own needs. Where the property or use is served or designed to be served by tractor - trailer delivery vehicles, the following standards shall be used in establishing the minimum number of off - street loading berths required: Gross Floor Area Number of of the Building Required Loading Berths or Spaces Up to 10,000 sq. ft. Greater than 10,000 sq. ft. 2 SECTION 4 -130 GENERAL STANDARDS FOR PARKING AND LOADING AREAS A. Continuing Obligation. The provision and maintenance of off - street parking and loading spaces that comply with the standards of this Division shall be a continuing obligation of the property owner. Spaces Shall Be Shown With Building Permit Application. No building permit shall be issued until plans are presented showing the area that will be made available for exclusive use to meet the applicable off - street parking and loading standards. A plan drawn to scale, indicating how the applicable off - street parking and loading standards will be fulfilled, shall accompany an application for a building permit. 2. Spaces Shall Remain Available. Any subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of parking and loading spaces that comply with the standards of this Division. 3. Change of Use. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off - street parking and loading requirements, it shall be unlawful and in violation of these Regulations to begin or maintain such altered use until such time as the increased off - street parking and loading requirements are complied with. LAND USE REGULATIONS ciwyaowminr.�m.�yrnmuxr.�.m: nr..�a..¢3, rsa+ 4 -3 IIIIII "III IIIIIII IIIII I'I II 678174 12/01/1998 04:43P 152 of 405 R 0.00 D 0.00 EAGLE COUNTY, COLORADO IIIIIIII III IIIIIII II IIII 370 Sara Fisher N 0.00 Eagle CO ARTICLE 4- SITE DEVELOPMENT STANDARDS 4 -140 DESIGN STANDARDS /PARKING &LOADING AREAS B. Prohibited Uses of Required Spaces. Required parking spaces shall be available only for the parking of operable passenger automobiles of residents, guests, customers, patrons, and employees of the use for which they are required. Prohibited uses of required parking spaces shall be as follows: 1. Inoperable Vehicles or Materials. Inoperable vehicles or materials shall not be stored in required parking spaces. 2. Delivery Vehicles. Delivery vehicles or trucks used in conducting the business or use shall not be parked in required parking spaces during business hours, but may be parked in such spaces for overnight storage or parked in designated additional spaces during business hours or for overnight storage. 3. Vehicles for Sale. Vehicles shall not be displayed for sale in any parking area required for a non - residential use, except for the casual display of a vehicle by its owner, when the owner is an employee or customer using the premises. 4. Repair Work. Repair work shall not be conducted in any parking" area required for a non - residential use if the repairs render a vehicle inoperable for periods of more than twenty -four (24) hours. 5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy equipment used in a business operation shall not be parked in required parking spaces for a residential use, unless the commercial vehicle is used for a permitted home occupation or is a company vehicle used for commuting that is parked overnight. C. Location of Required Parking Spaces. Required off - street parking spaces shall be located as follows: 1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or 2. Within a Common Assigned Parking Area. Within a common assigned parking area under the ownership of the individual owners of, and within the same development as, the use the spaces are intended to serve, unless specific arrangements have been approved by the Planning Commission, considering a report and recommendation by the Community Development Director. D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted on private property and not on any street or alley. SECTION 4 -140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS A. Parking Surface and Drainage. Off - street parking areas, aisles, and access drives shall have a durable, all weather surface, made of materials that (1) are suitable to the uses to which the parking LAND USE REGULATIONS 4-4 EAGLE COUNTY, COLORADO [: IxpEOWOIni(OeHI1eO81e1NiUHTi.CO: Nor[mbe[L. 19A9 111111 11III 678174 I'I'111 11111 12/01/1998 III IN 04:43P IIIIIIII 111 1111111 II IIII 370 Sara Fisher 153 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4.• SITE DEVELOPMENT STANDARDS 4 -140. DESIGN STANDARDSIPARKING & LOADING AREAS area will be put, and (2) are compatible with the character of the proposed development and the surrounding land uses and parking areas. Appropriate parking surface materials may include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass ring surface may be used for temporary or emergency situations. Parking surfaces shall be compacted and graded, with a minimum grade of two (2) percent for asphalt, one (1) percent for concrete, and two (2) percent for paving blocks, gravel, or grass ring surface, to permit drainage of surface water without damage to public or private land or improvements. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots over four (4) contiguous spaces. B. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles and back -up areas shall be as specified in the illustration on the following page. The length of a parking space may be reduced to eighteen (18) feet, including wheel stop, if an additional space of two (2) feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to less than four (4) feet. C. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be ten (10) feet wide by thirty-five (35) feet long, with a vertical clearance of fourteen (14) feet. Where the vehicles generally used for loading and unloading exceed these standards, the dimensions of these berths shall be increased. D. Compact Car Spaces. In parking areas containing more than ten (10) spaces, up to twenty (20) percent of the spaces over and above the first ten (10) spaces may be designed for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of eight (8) feet in width by sixteen (16) feet in length. 2. Sign. Compact car spaces shall be designated for exclusive use by compact cars with a raised identification sign or stencil. The identification sign shall be twelve (12) inches by eighteen (18) inches, with a height not to exceed seven (7) feet. The standard colors of the sign shall be white on green. The stencil may be either white or yellow in color. E. Handicapped Parking. Any use requiring handicapped access, as defined in the Uniform Building Code, and having fifteen (15) or more parking spaces, shall provide one (1) of every fifteen (15) spaces for use only by physically handicapped persons. 1. Minimum Width. Parking spaces for the physically handicapped shall have a minimum stall width of twelve (12) feet, unless the space is parallel and contiguous to a handicap ramp and pedestrian walk, in which case the width may be a minimum of eight and one- half (8.5) feet. 2. Sign. All spaces designated as being for the handicapped shall have a raised standard identification sign and stencil. The identification sign shall be twelve (12) inches by eighteen (18) inches, with a height not to exceed seven (7) feet. The standard colors of the sign shall be white on blue. LAND USE REGULATTONS 4 -5 EAGLE COUNTY, COLORADO r:Ixy60Wmnlpim4�mq(tlWM14QTi.CO; Nmemhn D. l9Je I I"III "III "VIII I"'I I'I I'II IIIIIIII'I III "'IIII'I IIII 678174 12/01/1998 04:43P 370 Sara Flaher 154 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 J ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -140 DESIGN ANDARDS /PARKING & LOADING AREAS DOUBLE ROW PARKING BOTH ROWS OF PARKING STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS MUST BE AT THE SAVE ANGLE THE AISLE MUST BE DIMENSIONS MALL BE OR F ANGLE OF STALLS 24 FEET WIDE 18' x 9' OR AS OTHERWISE SHOWN VARY, LHEN THE GREATER FOR OUTOOOR PARKING STALLS DISTANCE FOR THE AISLE DIMENSIONS WILL BE WILL APPLY 20' x 10' OR AS OTHERWISE SHOW}! ONE -WAY PARALLEL PARKING ® o i fV ICLAb TW'0 -WAY 4 � 90 DEGREE ' v ANGLE PARKING "+ z v U � ONE -WAY 70 DEGREE ANGLE PARKING M -WAY 45 DEGREE ME PARDRG RYE -WAY 60 DEGREE ANGLE PARKING LAND USE REGULATIONS 4 -6 EAGLE COUNTY, COLORA-0 c1yNlVUtulrPmutmgleiWrtlRTJ .fA; A'uveMrc.23, 19➢8 111111111111 678174 1111111 12/01/1998 111 IN 04:43P III11111!1111111 370 Sara Fisher 155 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 AR77CLE 4: SITE DEVELOPMENT STANDARDS 4-740 DESIGN STANDARDS /PARKING & LOADING AREAS SINGLE ROD AND HANDICAP PARKING IF ANGLE OF STALLS FOR TWO WAY PARKING FOR INDOOR PARIONG STALLS VARY, THEN THE GREATER THE AISLE MUST BE DIMENSIONS WILL BE DISTANCE FOR THE AISLE 24 FEET WE IB' x 9' OR AS OTHERWISE SHOWN WU APPLY. FOR OUTDOOR PARKING STALLS DIMENSIONS WILL BE 20' x 10' OR CURB, GU77ER AND WHEEL STOPS ARE INSTALLED (�(�j�� o �� PARALLEL- '+--u� •m o PARKING i •� �® ONE -WAY ANGLE PARKING r 45 DEGREE ANGLE PARKING ONE -WAYS •' ®°® ONE -WAY 00 DEGREE ANGLE PARKING u'LJ i TWO -WAY 90 DEGREE o ANGLE PARKING N To I I t 0 HANDICAP PARKING SINGLE SPACE AND DOUBLE SPACE N 12 -0' <10' -q 10' 5•_0. t LAND USE REGVLA77ONS 4 -7 EAGLE COUNT$ COLORADO �._. <:wyeoam�im' <.o�<orrnm.uxra.m: ne.<me<.v. Naar I I"III 678174 hill "1111) VIII 12/01/1998 111 IN 04:43P 11111111 111 111111' 111111 370 Sara Fisher 156 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -140 DESIGN STANDARDS /PARKING & LOADING AREAS 3. Location. Parking spaces reserved for use by physically handicapped persons shall be located as close to the entrance to the use as is reasonably possible. F. Unobstructed Access. Each required parking space shall have unobstructed access from a road or alley, or from an aisle or drive connecting with a road or alley, except for approved residential tandem parking. G. Tandem Parking. Tandem parking (a vehicle parking directly behind another) shall be permitted to count towards meeting the off - street parking standards of this Division when the tandem spaces are assigned to the same dwelling unit. In such instances, a parking space for a dwelling unit located behind a garage or behind another space may be counted towards the total parking requirement for the dwelling unit, provided use of the space does not impede the movement of other vehicles on the site. Tandem parking may also be permitted for lodge or commercial uses, when the applicant agrees, as a condition of the approval, to provide valet parking for the tandem spaces at all times when the use is in operation. 1. Credit Limited to One (1) Space. Tandem parking provisions may only be used to obtain credit for one (1) required parking space. 2. Tandem Parking Prohibited in Parking Structure. Tandem parking shall not be allowed when required parking is located within a parking structure or within a garage that serves multiple dwelling units. H. Backing Onto Roads Prohibited. All parking areas shall be located and designed in conjunction with a driveway, such that vehicles exiting from a parking space shall not be required to back onto the right -of -way of a public street. Provided, however, that vehicles exiting from a parking space for a single - family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may also back onto the right -of -way of an alley adjacent to the property. I. Access Driveways. Access driveways into required off - street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. The minimum width of the access driveway shall be twelve (12) feet .for a one (1) way drive and twenty -four (24) feet for a two (2) way drive for commercial and industrial access and ten (10) and twenty (20) feet, respectively, for residential access. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area formed by the intersection of the driveway centerline, the street right -of -way line, and a straight line joining said lines through points twenty (20) feet from their intersection. J. Parking Area Landscaping. Parking and loading areas for non - residential uses located adjacent to residential uses or residential zone districts shall be designed to minimize disturbance to LAND USE REGULATIONS 4 -8 EAGLE COUNTY, COLORADO .:i.ywuamimm+�ms�.veuara.m: xa.mn. a. ivx 111111111111111111111111111 IN IIIIIIII III 1111111 II 1111 678174 12/01/1998 04:43P 370 Sara Fisher 157 of 403 R 0.00 D 0.00 N 0.00 Eagle CO i AR7ICLE4• S1rEDEVELOPMENTSMADARDS 4-140 DESIGNSTANDARDS /PARKING &LOADING AREAS residents, including, but not limited to, installation of perimeter landscaping, control of illumination and proper screening of loading areas with opaque materials. Landscaping, screening and illumination of all parking areas shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. K. Snow Storage. Adequate space shall be provided for storage of snow removed from pedestrian and vehicular ways, and parking and loading spaces on any property that contains commercial or industrial uses, multi -family units, or a common outdoor parking area. Minimum Area. A designated area, sufficient to store'snow from the entire parking area, shall be, provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to two and one -half (2.5) percent of the total area of the required off - street parking and loading area, inclusive of access drives, shall be designated to serve as a snow storage area. Provided, however, the applicant may submit information to the County to demonstrate that the elevation of the property and its typical snowfall amounts can be adequately accommodated in a smaller area and the County may reduce the size of the required snow storage area accordingly. 2. Storage in Parking Spaces Prohibited. Snow shall not be stored within required parking spaces, except on an emergency basis for a period not to exceed forty -eight (48) hours. 3. Storage in Yards and Open Space Permitted. Snow may be stored in required yards and open space, including landscaped areas properly designed for snow storage. Snow stored in a required yard or open space shall not be located to restrict access or circulation, or to obstruct views of motorists. 4. Drainage. Adequate drainage shall be provided for the snow storage area to accommodate snow melt and to ensure it does not drain onto adjacent property. L. Pedestrian Circulation. Safe and efficient pedestrian circulation paths shall be provided between required parking areas and the entry to the building(s) on the site. As applicable, pedestrian circulation paths on the site shall also be connected to transit facilities and trails or paths on adjacent sites. M. Panting Within a Planned Unit Development (PUD). 1. PUD Parking Plan. Parking within a Planned Unit Development (PUD) shall comply with all provisions of this Division, unless specifically varied by the approval of a PUD Comprehensive Parking Plan. If a PUD comprehensive parking plan has been approved by the Board of County Commissioners, the provision of that parking plan shall supersede any conflicting parts of this Division. 1111111 IIIII 1111111 11111 III IN IIIIIIII III 1111 IIIII IIl1 678174 12/01/1998 04:43P 370 Sara Fisher 158 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULA77ONS 4-9 EAGLE COUNTY, COLORADO ,;Iwyl0WynlAmbbd�eWiLtPli.N. N.w 'L, In, 1 ARTICLE 4: SITE DEVELOPMENT C%ANDARDS 4 200 PURPOCP DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS SECTION 4 -200. PURPOSE The purpose of this Division is to provide standards for landscaping and illumination of development within unincorporated portions of Eagle County, so as to maintain and enhance the character of residential neighborhoods, commercial centers and industrial areas. This is accomplished by setting minimum standards for planting within residential and non - residential development and their associated parking areas to prevent soil erosion, improper drainage, damage to properties and unsightliness and by requiring buffering and screening around and between the County's more intensively developed areas. This Division also establishes standards to prevent illumination from becoming a nuisance to neighboring properties or to motorists, while allowing that level of illumination that is necessary for safety purposes. SECTION 4 -210. APPLICABILITY The standards of this Division shall apply to all development within unincorporated Eagle County, except as follows: A. Previously Subdivided Lot. The standards of this Division shall not apply to the development of a single - family residence or duplex on a lot as of January 1, .1999. However, the development of said uses shall comply with any landscaping and illumination requirements that may have been applied by Eagle County to the approval of the subdivision or PUD in which the lot is located. B. Existing Structure. The standards of this Division shall not apply to remodeling, repair, restoration, alteration or expansion of an existing structure. However, additions or expansions that increase the footprint of a commercial, industrial or multi - family structure by more than twenty- five (25) percent shall comply with the standards of this Division to the maximum extent possible. C. Use By Right. The standards of this Division shall not apply to Use by Right residential use on parcels thirty five (35) acres or greater in size within the Resource Zone District. SECTION 4 -220. LANDSCAPE PLAN A. Landscape Plan Required. A landscape plan, prepared by a qualified person, shall be submitted for review as part of an application for development within Eagle County, except that development specifically exempted in Section 4-210, Applicability. The landscape plan shall address the following types of issues: 1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a proposed residential subdivision or PUD is intended to address issues such as where and what type of trees and other landscaping will be placed along the streetscape, how common areas will be treated, how areas graded or otherwise disturbed during development will be LAND USE REGUL477ONS 4 -70 F✓IGLE COUNTY, COLORADO = �rosoaomimauaoxria.wrrs. %xoa -e.. a. iau 111111 678174 "III 1111111 IIIII 12/01/1998 III IN 04:43P III'I'll III IIII IIIII I'll 370 Sara Fisher 159 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4• SITE DEVELOPMENT STANDARDS 4 -220. LANDSCAPE PLAN 3 re- vegetated, and similar concerns. It is not anticipated that landscaping for individual residential lots will be addressed in the landscape plan. 2. Commercial, Industrial, Multi - Family and Other Development. The landscape plan that accompanies a proposed commercial, industrial, multi - family or other type of development is intended to address issues. such as how areas that are not covered by impervious surfaces will be treated and how such developments will be buffered from surrounding land uses and major streets. B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the applicant with regard to landscaping of the development. Areas where trees, shrubs and ground cover will either be preserved, removed or replaced shall be identified. Proposed landscape areas shall be labeled, to identify the type of landscaping planned and the general size and number of plants that are intended to be installed. C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or Preliminary Plan for PUD or for any other development requiring a landscape plan shall be a detailed plan showing how the applicant intends to landscape the development. It shall contain the following materials: 1. Drawing. A dated, scale drawing, including topographic information at two (2) foot contour intervals, locating all lot lines and improvements to the property and any easements of record. The drawing shall identify all existing deciduous trees and coniferous trees of six inches (6 ") in caliper or greater that illustrates which trees will be preserved and which will be removed or relocated, areas where other existing vegetation will either be preserved or removed, and the type, location, size and number of plants that will be installed. Where it would be impractical to identify each tree, the drawing shall outline the dimensions of groves of existing and proposed trees. The drawing shall also show where and how irrigation is to be provided. The size, quantity, common name and botanical name of plants used, including ground cover shall be labeled. When seed mixtures are used, the percentages of grass and /or wildflower mixtures and seed application rates shall be specified. 2. Calculations. A summary of all calculations used to determine the landscaping required for the site shall be provided, whenever applicable. The area of the property that is proposed to be landscaped shall be identified in square feet and as a percentage of the entire property. For required landscaping of parking lots, the amount of the site proposed to be covered by parking areas and the number of parking stalls to be provided shall also be identified. 3. Cost Estimate. An estimate of the cost of supplying and installing the materials depicted in the landscape plan shall be provided. 4. Erosion Control. A description of how erosion will be controlled on -site during and after LAND USE REGULATIONS 4 -11 EAGLE COUNTY, COLORADO .._. c: IxyEOWnmlelimulmBirlWrL4PT -LCO; Novmber33. /938 I"III "II I'I I I I II 11111 111 IN 111111111111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 160 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4.• SITE DEVELOPMENT STANDARDS 4 -230 LANDSCAPING DESIGN STANDARDS /MATERIALS construction shall be provided. 5. Maintenance Program. A description of the proposed program to maintain the landscaping after it has been installed shall be provided. SECTION 4 -230. LANDSCAPING DESIGN STANDARDS AND MATERIALS A. Landscaping Standards Applicable to All Development. 1. Location of Required Landscaping. a. Multi - Family, Commercial and Industrial Development. All portions of lots in residential zones containing multifamily dwellings and all portions of lots in the Commercial Limited (CL), Commercial General (CG) and Industrial (1) zone districts not covered by impervious materials shall be landscaped. Landscaping shall. also be installed to effectively buffer proposed commercial or industrial uses from surrounding residential uses and to provide a landscaped buffer along collector and arterial streets. b. Subdivision, Planned Unit Development (PUD) and Cluster Development. Landscaping shall be provided in a residential subdivision, planned unit development or cluster development, in a manner which is most consistent with the character planned for the development and the unique ecosystem and specific environment in which the development is located. For example, within a development comprised of lots of two (2) acres or smaller, trees should be planted at regularly spaced intervals along the streets within the subdivision and landscaping should be planted within or around any parks or usable open space areas in the subdivision. Where units are developed in clusters, landscaping should also be provided around clusters of units, to create a buffer between denser clusters and lower density and open areas. For developments that contain lots larger than two (2) acres, landscaping should include preservation or replacement of existing trees, shrubs and ground cover and revegetation of areas that are disturbed by development. 2. Living Cover. All required landscape areas shall be landscaped. Non -live ground cover may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features, may be provided. The percent of live ground cover verses non -live ground cover should be determined by the geographic area of the County. 3. Plants Compatible With Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. When planting occurs on hillsides, slopes, drainageways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and LAND USE REGULATIONS 4 -12 EAGLE COUNTY, COLORADO :mymwomtm..u�osmu.wrr�.m: rve�ma., z3, lava 1 I11I1I "III 111111111111 Ill IN 111'1111111'11'111111111 678174 12/01/1998 04:43P 370 Sara Fisher 161 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i ARTICLE4. SITE DEVELOPMENT STANDARDS 4 -230. LANDSCAPINGDESIGNSTANDARDS /MATERIALS spatial distribution patterns. Evergreen shrubs should be planted in clusters to maximize their chance for survival. Whenever possible, landscaping should use drought- resistant varieties or employ xeriscape design principles. Whenever appropriate, landscaping should use native varieties. 4. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees, native vegetation and natural or significant rock outcroppings and other valued features are preserved and integrated with planted areas. Existing trees and shrubs that are preserved shall count toward the landscaping standards of this Division. Any existing tree in healthy condition of six (6) inches in caliper or greater that is retained may be substituted for two (2) required trees. 5. Minimum Size. Trees and shrubs depicted on the landscape plan shall be of at least the following minimum size at the time of their planting, unless a larger tree size is specified in any applicable development permit for buffering, screening or planting on the subject property. Provided, however, that landscaping within a clear vision area shall comply with the height limitations of Section 4 -230 A.9.a., Clear Vision Area. a. Deciduous Trees. Deciduous trees shall be a minimum of one and -half (1 -1/2) inches in caliper, measured four (4).inches above the ground. b. Coniferous Trees. Coniferous trees shall be a minimum of four (4) feet in height, measured from the top of the root ball to the top of the tree. C. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one and one -half (1.5) inches in caliper, measured four (4) inches above the ground. d. Shrubs and Vines. Shrubs shall be in a minimum three (3) gallon container, and shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a minimum one (1) gallon container. 6. Minimum Number of Trees and Shrubs Within Required Landscape Area. Landscape areas that are provided in order to comply with the maximum lot coverage standards of the Residential Multi- Family (RMF), Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the applicable standards from Table 4 -230, Number of Trees and Shrubs Within Required Landscape Area. 11111111111111111111 678174 VIII 12/01/1998 111 IIII 04:43P 11111'11 III IIII' 1111 IN 370 Sara Fisher 162 of 405 R 0.00 D 0.00 N 0.00 Eagle CO j LAND USE REGULATIONS 4 -73 ..,.,. c: lxy &lbotolc4[NiImB�[INiURJ -(.CO: Nov[. "n./918 EAGLE COUNTY, COLORADO J 3 AR7ICLE4: STTEDEVELOPMENTSTANDARDS 4-230 LANDSCAPINGDESIGNSTANDARDS /MATERIALS Dimensions of Required Landscape Area Minimum Number of Required Trees and Shrubs Ten (10) to fifteen (15) feet in width One (1) tree and six (6) shrubs per two hundred-fifty (250) s . ft. of landscaped area Fifteen (15) to twenty -five (25) feet in width One (1) tree and six (6) shrubs per two hundred - seventy -five (275) sq. ft. of landscaped area More than twenty-five (25) feet in width One (1) tree and six (6) shrubs per three hundred (300) so. ft. of landscaped area of these standards. 7. Trees Within a Paved Area. Any tree planted within a paved area shall be placed in a tree vault and shall have a tree grate installed around its trunk. 8. Parking and Storage Prohibited. Areas required as landscaping shall not be used for parking, outdoor storage and similar uses, but may be used for snow storage if properly designed for this function. 9. Obstructions Prohibited. a. Clear Vision Area. A clear vision area shall run along property lines and along the entrance to the site. Plant materials shall be limited to thirty (30) inches in height within the clear vision area, so as to avoid visibility obstructions or blind corners at intersections. b. Fire Hydrants and Utilities. Landscaping shall be installed so it does not obstruct fire hydrants or utility boxes and so it will not grow into any overhead utility lines. C. Street Trees. Any tree planted along the street shall be located a minimum of five (5) feet from the curb or the edge of the street, to provide room for snow plowing, street maintenance and opening of car doors. The installation of street trees and associated irrigation systems shall be subject to review and inspection by the County Engineering Department and, for planting along public streets only, the County Road and Bridge Department, to ensure the trees do not create use conflicts or safety hazards and to determine maintenance responsibilities for the trees. LAND USE REGULATIONS �:aycowami�u.�u�osrnm.uera.m: xonmm.v. revs 4 -14 EAGLE COUMY, COLORADO 1111111" 678174 III1111111HE 12/01/1998 III IN11IIIIIIIIIIIIII11111111 04:43P 370 Sara Fisher 163 of 405 R 0.00 D 0.00 N 0.00 Eagle CO j 5 AR77CLE 4• SITE DEVELOPMENT STANDARDS 4 -240 INSTALLATION AND MAINTENANCE REOUIREMENTS B. Landscaping Within Off - Street Parldng Areas. All off - street parking areas containing fifteen (15) or more spaces, except for enclosed or sub -grade parking structures, shall provide the following forms of landscaping: 1. Planting Strips. There shall be a planting strip provided along all property lines where a street right -of -way is located adjacent to the parking area. a. Width. The planting strip shall have a minimum width of ten (10) feet. b. Screen. A minimum of eighty (80) percent of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material or combination thereof, however, the clear vision area shall be maintained. C. Trees. A minimum of one (1) tree shall be planted for every twenty-five (25) linear feet of the planting strip. The trees may be massed together, provided the massing does not leave a gap between individual trees or tree masses that exceeds forty (40) feet. 2. Interior Planting Areas. Planting areas shall be established to break up the interior of all parking areas. a. Minimum Area. A minimum of five (5) percent of the interior area of the parking area shall be required landscaping. b. Islands. One (1) planting island that is a minimum of six (6) feet wide shall be provided for every fifteen (15) parking spaces.. The planting islands shall be dispersed throughout the parking area, to provide visual relief and shade. C. Parking Rows. Where double rows of parking are planned, there shall be a center planting strip installed that is a minimum of seven (7) feet wide. Where any parking row is adjacent to a circulation way, there shall be a planting strip installed that is a minimum of seven (7) feet wide. d. Trees. There shall be a minimum of one (1) tree planted in each planting island. Within each planting strip, there shall be a minimum of one (1) tree planted for every twenty -five (25) linear feet of planting area. SECTION 4 -240. INSTALLATION AND MAINTENANCE REQUIREMENTS A. Collateral. Prior to the issuance of any development permit, the Community Development Director may require the applicant to submit to the County a surety or cash bond, letter of credit or other collateral found to be suitable by the County Attorney to guarantee the installation of the required landscaping. The collateral shall be in an amount equal to one hundred - twenty-five (125) LAND USE REGULATIONS ri�pcowomms.�no-a¢muuxz+.co: rvo..,ro..v, iwa 4 -I5 EAGLE COUNTY, COLORADO 1 111111 11111111111111111111 678174 12/01/1998 IN 04:43P 111'1'11 1111111111111111 370 Sara Fisher 164 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CZF.4: SITE DEVELOPMENT STANDARDS 4- 240. INSTALLA77ONAAE) MAINTENANCE REOUIREMENTS percent of the total cost of supplying and installing the materials depicted in the approved landscape plan, based on the cost estimate provided by the applicant and accepted by the County. When collateral has not been required to be submitted prior to the issuance of a development permit, then no certificate of occupancy shall be issued for any portion of the development until the required landscaping has been installed or until a suitable collateral has been provided to guarantee that required landscaping will be installed within the first planting season following occupancy of the property. B. Certification and Release. Following installation of the required landscaping, the applicant shall certify that the landscaping has been installed in conformance with the approved plan. The performance guarantee shall be released within ten (10) working days following receipt of the certification and inspection by the County. C. County Use of Security. In the event the landscaping for items contained within the cost estimate is not installed, or is installed in a manner that does not conform with the approved plan, the County may draw upon the security to bring the landscaping into conformance with the approved plan. D. Required Time For Completion. All required landscaping shall be installed within the first planting season following occupancy of the property. When phasing of a project's construction is approved, then installation of required landscaping may be phased consistent with the project's approved development phasing. E. Irrigation System. That portion of the landscaped area that is live cover that cannot naturally be provided with adequate moisture for the types of plants installed shall be equipped with an irrigation system. When practical, irrigation shall reuse drainage water, use drip irrigation systems, or employ other water- conserving techniques, such as adjusting the timing of the irrigation system to a setting used for low water plants. F. Maintenance. All landscaping shall be healthy at the time of its installation and shall meet the standards of the American Association of Nurserymen. Landscaping shall be maintained so that it remains alive, or it shall be replaced. Landowner Responsible. Maintenance of landscaped areas shall be the responsibility of the landowner. 2. Replacement. Landscaping that does not survive within the first three (3) years after it is planted shall be replaced within three (3) months after it perishes, unless that date is not during a planting season, in which case it shall be replaced during the next planting season. The replacement vegetation shall be similar in size, type and amount to the vegetation that perished, so the integrity of the landscape plan is preserved. 3. Noxious Plant Materials. Plant materials as listed on the most current noxious plant material list adopted by the Board shall not be allowed as landscaping. LAND USE REGULATIONS 4 -16 EAGLE COUNTY, COLORADO c:IxpNINUmItIIm4lmgklNiNAT�.CO; MonNO21, 193R II'III Ilill "I'll' I"II 11I I' 678174 12/01/1998 04:43P 165 of 405 R 0.00 D 0.00 IIIIIIII 111 11111 IN IN 370 Sara Fisher N 0.00 Eagle CO 3 } AR7ICLE4• S/TE DEVELOPMENT STANDARDS 4 -250. ILLUMINATION STANDARDS SECTION 4 -250 ILLUMINATION STANDARDS A. Purpose. This section establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance, detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering, shielding, height and number of sources. Mercury vapor lamps are discouraged. Street lights used for illumination of public ways are encouraged to be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees, bushes, etc.) should be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. LAND USE REGULATIONS �:i.yeoumm�rm�rogmv.uer�.co: no..ms..:s, iwa 111111111111 678174 111'111 11III 12/01/1998 III IN 04:43P 111111'1 111 /111/1111 IN 370 Sara Fisher 166 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 4 -77 EAGLE COUNTY, COLORADO Y ARTICLE 4.• SITE DEVELOPMENT STANDARDS 4 -300. PURPOSE DIVISION 4 -3. SIGN REGULATIONS SECTION 4 -300. PURPOSE The purpose of this Division is to provide a comprehensive system of reasonable, effective, consistent, content - neutral and non - discriminatory standards for signs. These standards control the construction, size, type, location and maintenance of signs and sign structures within the unincorporated portions of Eagle County so as to: A. Protect Appearance. Protect the appearance of the community and enhance the attractiveness of Eagle County as a place to live, do business and visit. B. Identification. Enable places of residence and commerce to be easily identified and allow the communication of information necessary for the conduct of business. C. Compatible. Permit signs that are compatible with their surroundings and aid in orientation, but preclude placement in a manner that conflicts with the principal uses of the site, adjacent land uses, or adjacent signs, or interferes with, obstructs the vision of, or distracts motorists, bicyclists or pedestrians. D. Limit Size and Number. Limit the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. E. Lessen Hazards. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement or installation, illumination, animation and excessive height, area and bulk of signs that compete for the attention of motorists, bicyclists and pedestrians. F. Safety. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe manner. SECTION 4 -310. APPLICABILITY A. General. The provisions of this Division shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Eagle County, except as specifically exempted in Section 4 -310 B., Exempt Signs. All signs displayed, constructed, erected or altered after the date of the adoption of this Division shall be in conformance with its applicable provisions. All signs that are existing at the time of the adoption of this Division shall not be altered or enlarged without being in conformance with this Division. B. Exempt Signs. The following types of signs shall be allowed in all zone districts and are not subject to the requirement to obtain a sign permit, pursuant to Section 4 -350, Procedure to Obtain LAND USE REGULATIONS 4 -I8 EAGLE COUNTY, COLORADO clx9= abnrnir4mylm8(eINrL44Ti.W: NorrmMr l]. 1933 I I'IIII "III "I'lll "'ll I'I I'I' III'I"I I'I 'llll I"I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 167 of 405 R 0.00 D 0.00 N 0.00 Eagle CO -3 AR7ICLE4. SITE DEVELOPMENT STANDARDS 4 -310. APPLICABILITY ' Sign Permit. This exemption shall not be construed to relieve the owner from complying with any other applicable provisions of this Division. 1. Signs Less than Six (6) Square Feet in Area. All signs, whether permanent or temporary, that do not exceed six (6) square feet in sign area, provided that there is not more than one (1) such sign per individual business, parcel, lot, or group of contiguous lots under single ownership. 2. Signs Required By Law. Signs required or specifically authorized for a public purpose by any law. Public Notices, . Public notices or signs relating to an emergency. 4. Traffic Signs. Signs erected in public rights -of -way by a local, state or federal governmental agency controlling or directing traffic. 5. Information Signs on Public Property. All information signs on or directing people to public property, provided such signs are related to the use of the property and are erected and maintained by the agency responsible for the public property. 6. Official Notices Posted By Government. Official government notices and notices posted by governmental officers in the performance of their duties to provide warning, necessary information, direction or other regulated purposes. 7. Hazard Warning Signs. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 8. Temporary Signs. Temporary signs for a special civic event, such as pennants or banners. Such displays may be erected three (3) weeks prior to the opening of the event and shall be removed one (1) week after completion of the event. 9. Historic Plaques. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 10. Scoreboards. Scoreboards used for athletic events, provided they do not exceed twenty (20) feet in height and sixty -four (64) square feet in size. 11. Holiday Decorations. Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. 12. Signs Affixed to Vehicle. Any signs permanently affixed to a truck, train, automobile, airplane or other operable vehicle that is not placed in a location for the purpose of advertising a product, service or activity or to direct people to a business or activity located on the premises or nearby. LAND USE REGULATIONS 4 -19 EAGLE COUNTY, COLORADO -- clxp&IWUOINenulraBfAWLIHTACP. h'ovrmbrr ]J. IWB Illlll "III I'I'lll "'ll III I'll III'll'I I'I'll'I I'II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 268 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4: SITE DEVELOPMENT STANDARDS 4 -320 PROHIBITED SIGNS 13. - Flags. Flags of any state, nation, government and any other flag not specifically used for advertising purposes. Flags shall not exceed sixty -four (64) square feet in size. 14. Works of Fine Art. Works of fine art that in no way identify or advertise a product or business. 15. Religious Emblem. Any religious emblem or insignia. 16. Addresses. Mail boxes, address numbers or residential nameplates. 17. Gravestones. Any gravestone. SECTION 4 -320. PROHIBITED SIGNS The following types of signs or advertising devices are expressly prohibited in all zone districts: A. Structurally Unsafe. Signs that are structurally unsafe or constitute a hazard to safety or health by reason of inadequate maintenance or dilapidation. B. Signs Blocking Ingress or Egress. Signs that have been installed or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs that may be required by other codes, regulations, or ordinances. C. Signs Obstructing Visibility. Signs that obstruct or interfere with traffic signs or signals or with the visibility of operators of vehicles, bicycles or other conveyances using the public right of way or that are located within a clear vision area. D. Signs Resembling Traffic Control Devices. Signs that are of a size, location, movement, content, coloring or manner of illumination that may be confused with or construed as a traffic control device, but have not been erected or authorized to be erected by a governmental agency. E. Metal Signs. Signs with metallic surfaces, unless such surfaces are treated to reduce reflection from sunlight or artificial illumination. F. Signs Creating Optical Illusion. Signs that create an optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. G. Signs With Moving Parts. Signs with visible moving, revolving or rotating parts, flashing or fluttering lights or other illuminating devices that have a changing brightness or intensity or color or any mechanical movement or apparent movement achieved by electrical, electronic or mechanical means, except for time, temperature and date signs or holiday decorations. LAND USE REGULATIONS 4 -20 EAGLE COUNTY. COLORADO clxy '.-0Warelcbew4a8leVdrNF( -I.CO; N-'m" i .. 109 I"III 678174 "III III'lll II'll 12/01/1998 Ill IN 04:43P IIIIIIII III IIII' I'll I'I 370 Sara Fisher 169 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4 SITE DEVELOPMENT STANDARDS 4 -320 PROHIBITED SIGNS H. Displays With Open Light Bulbs. External displays, other than temporary decorative holiday lighting, that consist of unshielded or open light bulbs. I. Signs Making Sounds. Any sign that contains a radio, phonograph, whistle, bell or other sound - making device. J. Signs Without Adequate Clearance From Power Lines. Signs that have been constructed or maintained with less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by State law. K. Off - Premises Signs. Signs not located upon the property or business identified or advertised by the sign. L. Vehicle Signs. Signs placed on vehicles or trailers that are parked or located for the apparent purpose of advertising a product, service or activity or to direct people to a business or activity located on the premises or nearby. M. Portable Signs. Portable or wheeled signs or advertising devices, except for operable and licensed motorized vehicles and licensed trailers used in the pursuit of regular day -to -day business having the name of the permitted use(s) or service(s) offered. N. Obsolete Signs. Signs that are located on property that becomes vacant and unoccupied for a period of six (6) months or more, or a sign that pertains to a time, event or purpose that no longer applies shall be considered obsolete. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed by the owner may be removed by the Community Development Director, as authorized by Section 4 -370, Violations and Penalties. Provided, however, that the following types of signs shall be excepted from these provisions: 1. Exception for Change of Ownership. Permanent signs displayed on a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of six (6) months or more. 2. Exception for Seasonal Business. Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of twelve (12) months or more. O. Obscene Signs. Signs or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency in accordance with constitutional standards. P. Three Dimensional Signs. Three (3) dimensional signs, such as statues, real or simulated, utilized for advertising purposes. Q. Balloons. Balloons or similar types of lighter -than -air objects tethered to the ground by lines or LAND USE REGULATIONS 4 -21 EAGLE COUNTY, COLORADO _— clxyWYfa21<IimnlmPlrlNrURT -LCO: A'ov<mbrr 33. 193H I'llll "III "I'II""II I" IN III'llll 11111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 170 of 405 R 0.00 D 0.00 N 0.00 Eagle CO s ARTICLE 4.- SITE DEVELOPMENT STANDARDS 4 -330 SIGN STANDARDS /ALL ZONE DISTRICTS other methods, except for those used in conjunction with special events that do not exceed three (3) days in duration. R. Signs on Natural Features. Signs painted on rocks or other natural features. SECTION 4 -330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS A. Relationship to Other Regulations. The County's sign standards recognize other regulations pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision of this Section covers the same subject matter as other applicable regulations, the more restrictive regulation shall apply. B. Signs Limited to On- Premises Advertising. Signs shall identify or advertise interests conducted only on the lot of the sign location. C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be required to submit a comprehensive sign plan showing all proposed signage in the building or lot. The comprehensive sign plan shall allocate to individual businesses their portion of the total sign area permitted for the building or lot. It shall also contain provisions that ensure that all signs in the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering, graphics and illumination. D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform to the Eagle County Building Resolution and the National Electric Code, including but not limited to consideration for wind loads, seismic loads, allowable stresses, materials and anchorage requirements. The following shall also be required: 1. Safety Standards. a. Wind Load. Signs over ten (10) feet in height and /or forty (40) square feet in surface area shall be engineered to withstand a wind loading of a minimum of thirty (30) pounds per square foot of sign area without failure of face retention system or sign structure. Engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted with the drawings at the time of permit application. b. Electric Wiring. Electrical wiring for energizing an electrical sign shall be underground, in the case of freestanding signs, and behind the sign cabinet, in the case of wall or projecting signs. All electrical work shall be in conformance with the Eagle County Building Resolution and the National Electric Code, which may require an electrical permit, that will be subject to review by the Eagle County Building Department. LAND USE REGULATIONS 4 -22 EAGLE COUNTY, COLORADO e�xyE9WOmIMmu4nghIWM1FRRl.CO: A'memh<r 33. 193F I"III "III "I'lll "'ll I'I III' IIIIIIiI I'I'III'I I'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 171 of 405 R 0.00 0 0.00 N 0.00 Eagle CO V, 3 ) AR7ICLE4• SITE DEVELOPMENT STANDARDS 4 -330 SIGN STANDARDSIALL ZONE DISTRICTS C. Support. Roof signs, signs mounted on marquees, or projecting signs, shall be engineered in such a manner that no guy wires are needed for support, other than for the sign structure itself. d. Damage By Moving Vehicles. Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by a parapet wall that is not braced. e. Unsafe Signs Are a Violation. Signs in danger of falling down or that become insecure or otherwise represent an unsafe condition shall constitute a violation under the provisions of this Division and shall be removed or corrected by the sign owner. 2. Maintenance Standards. Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports thereof that are not galvanized or of rust resistant metals. E. Sign Area Measurement. 1. Area To Be Measured. The area of a sign shall be measured in conformance with this Section, provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two (2) display faces, the area of one (1) side shall be considered the total area for that sign. 2. Sign With Backing. The area of all signs with backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas in each square, rectangle, triangle, portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign including all frames, backing, face plates, nonstructural trim or other component parts not otherwise used for support. 3. Signs Without Backing. The area of all signs without backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each square, rectangle, triangle, portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), emblems or figures of similar character. LAND USE REGULATIONS 4 -23 EAGLE COUNTY, COLORADO r: �xy&1Wn(ulNmu�eaBlr�WrURT -I.CO: Nawmbrr l3, IW8 1 111111 11111 678174 1111111 11111 12/01/1998 111 IN 04:43P IIIII1lI 111 111111 III III1 370 Sara Fisher 172 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -330. SIGN STANDARDS /ALL ZONE DISTRICTS 4. Combined Signs. The area of any sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles, portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of either of the following combinations: a. Display Surface. The display surface or face of the sign including all frames, backing, face plates, nonstructural trim; or b. Other Parts. Other component parts not otherwise used for support. F. Illumination. Illumination of any sign permitted by this Division shall meet the following standards: 1. Shade, Shield or Direct. Illuminated signs shall be shaded, shielded or directed to not cause glare or otherwise adversely impact residential areas. 2. Not Cause Hazard. Neither the direct or reflected light from any light source shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. Not Blink, Flash or Move. No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color. 4. Not Resemble Traffic Device. Colored lights shall not be used at any location or manner °T so as to be confused with or construed as a traffic control device.. G. Height and Setback Calculation. Height and setback calculations for signs in all zone districts shall be determined by the following method: No sign shall extend above the planes formed by intersecting imaginary lines from the lot lines to the setback lines, at a height of twenty -five (25) feet, (when existing building(s) conform to the required setbacks) or to the top of the tallest building on the lot, whichever is greater. The truncated pyramid formed by these planes is the height/setback limit. All signs in all zone districts shall conform to the above calculation, unless specifically exempted. Refer to the illustration on the following page. Ililll11111111111111111III 678174 12/01/1998 IIII 04:43P IIIliill III IIIII! III IN 370 Sara Fisher 173 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 4 -24 EAGLE COUNTY, COLORADO clu,vNlW[m�Amu4ogtANtlARTl.CO; Norsm5er U, 1998 u ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -330. SIGN STANDARDSIALL ZONE DISMCTS HEIGHT /SIGN SETBACK CALCULATION � a a,= eat sw _ �- antui. anmwc �—OR — WTAUN {P4 ww RCFMTr Ux L' @WSo= I m. rmmla el aw:y lip r�,e rm /a U4 b14 b.�A LAND USE REGULATIONS elxpEOWOmiNr�JllmgkiWrLViH.CO: rvwemn..v. M8 Evnpi SNbmk rv��emel to m � IigY aT ®a.®eaaee5v�me w- a ». . -ur t® m. vwjT c 111111 11111 678174 111111111111111 12/01/1998 IIII 04:43P IIIIIIII III 111111 III IIII 370 Sara Flaher 174 of 408 R 0.00 D 0.00 N 0.00 Eagle CO 4 -25 EAGLE COUNTY, COLORADO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -340 SIGN STANDARDS /SPECIFIC ZONE DISTRICTS SECTION 4 -340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following signs shall be allowed by sign permit in all Residential, Agricultural and Resource Zone Districts, as identified in Section 3 -210, Residential. Agricultural and Resource Zone Districts. 1. Residential Identification Sign. One (1) residential building, lot or occupant identification sign per dwelling unit (identifying the name and /or address), provided the total sign area does not exceed twelve (12) square feet. 2. Special Use Identification Sign. One (1) identification sign per approved special use, provided the total sign area does not exceed thirty-two (32) square feet, or as further restricted under the conditions of the special use permit. 3. Subdivision Identification Sign. One (1) identification sign per subdivision entrance in residential developments, provided that the sign area of each sign shall not exceed thirty-two (32) square feet and the maximum height of such signs shall not exceed eight (8) feet. Such signage shall not be.required to meet the height /setback calculation, provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 4. Identification Sign for Model Home. One (1) identification sign per model home within an approved subdivision, provided that the sign area does not exceed sixteen (16) square feet and the maximum height shall not exceed six (6) feet. Such signage shall not be l required to meet the height/setback calculation, provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 5. Sign For Vacant Land. One (1) sign for the sale, rent or lease of vacant land, provided that the total sign area shall not exceed sixteen (16) square feet, the sign is not illuminated, and the sign is limited to one (1) sign per parcel, lot, or group of contiguous lots under single ownership. Said sign shall be removed within seven (7) days following completion of the land sale, rental or lease. 6. Sign For Dwelling Units. Signs for the sale, rental or lease of dwelling units under construction or to be constructed, provided that no more than one (1) sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen (16) square feet. No such sign shall remain erected for more than two (2) years or until the last dwelling unit is sold, whichever comes first. 7. Construction Sign. One (1) construction sign for each construction project not to exceed thirty -two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs, not to exceed sixteen (16) square feet each, in addition to the thirty -two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or upon completion of construction whichever is later. Construction signs shall not count toward the total sign LAND USE REGULATIONS - 4 -26 EAGLE COUNTY, COLORADO . dv,�WmnlrUrmlmgldNrL4PF(.CO; No,nrdrr 33.1W8 1"111 111"'II'I 678174 I 1 11111 12/01/1998 111 IN 04:43P 11111111 111 111111 111 I"' 370 Sara Fisher 175 of 405 R 0.00 D 0.00 N 0.00 Eagle CO +x ARTTCLE 4. SITE DEVELOPMENT STANDARDS 4 -340 SIGN STANDARDS /SPECIFIC ZONE DISTRICTS 3 area allowed per lot. B. Signs Allowed Only in Certain Residential, Agricultural and Resource Zone Districts. The following signs shall only be allowed by sign permit in the residential, agricultural or resource zone districts specified herein. 1. Signs Advertising Products Raised on Premises. Signs advertising the sale of products produced or raised on the premises shall be allowed in the Resource (R), Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), Rural Residential (RR) and Fulford Historical (FH) zone districts, provided that the total sign area shall not exceed twenty -four (24) square feet and shall not be illuminated. 2. Directory Sign. One (1) directory sign shall be allowed for each lot, parcel, or group of contiguous lots under single ownership located in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi- Family (RMF) zone districts. The sign shall not exceed sixteen (16) square feet in sign area or eight (8) feet in height. Directory signs may be illuminated, in compliance with the provisions of this Division. One (1) individual directory sign, not exceeding eight (8) square feet in sign area, shall also be permitted for each multifamily structure. C. Signs Allowed In Commercial And Industrial Zone Districts. The following signs shall be allowed by sign permit in the Commercial and Industrial zone districts identified in Section 3 -220, Commercial and Industrial Zone Districts. 1. Individual Business Signs. Individual businesses shall not exceed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two (32) feet and one -third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty -two (32) feet. In no case shall the total sign area for an individual business exceed a maximum of sixty -four (64) square feet, per street frontage. 2. Multiple Business Signs. Multiple businesses (business or shopping centers) shall be required to submit a comprehensive sign plan showing all proposed signage within the business center. The comprehensive sign plan shall comply with the provisions of Section 4- 340.D.2., Comprehensive Sign Plan and the following standards: a. Business Center. The business center itself shall be allowed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two (32) feet and one -third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty -two (32) feet. In no case shall the total sign area for a business center exceed a maximum of sixty -four (64) square feet, per street frontage. b. Individual Business. Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted for the business center. LAND USE REGULATIONS 4 -27 EAGLE COUNTY, COLORADO - -- a1xyLOWU /ai[4enL1,Y8AiWrW(F(.CO: A'aVem6er 13. )99d ' 111111111111 III IN IIIIIIII III 111111 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 176 of 405 R 0.00 D 0.00 N 0.00 Eagle CO t ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -340 SIGN STANDARDS /SPECIFIC ZONE DISTRICTS c. Allocation to Businesses. Allocation of total aggregate sign area to individual businesses or tenants is not specified by these Regulations, but instead shall be the responsibility of the property owner or authorized agent. 3. Directory Sign. One (1) directory sign per street frontage shall be allowed, identifying the individual businesses within the business center, provided that the total sign shall not exceed forty (40) square feet in area nor ten (10) feet in height. The directory sign shall not be included in the total sign area allowed for the business center, and shall not be required to meet the height and setback calculation, provided that the sign shall not be located within an intersection clear zone nor shall it impede drainage. 4. Directional Signs. Directional signs shall be allowed, provided that the total sign area of each sign shall not exceed six (6) square feet or eight (8) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or multiple business and shall not be required to meet the height /setback calculation, provided that the signs shall not impair visibility for traffic movement and shall not impede drainage. 5. Sign for New Business. One (1) sign shall be permitted for each new or relocated business, for a period not to exceed thirty (30) days, to allow the business sufficient time to install a permanent sign. The area of the sign shall not exceed thirty-two (32) square feet, which shall not be included in the total sign area allowed for each business. 6. Sale, Rent or Lease Sign. One (1) for sale, for rent or for lease sign per business shall be allowed, provided that the total sign area of each sign shall not exceed sixteen (16) square feet in sign area. Said sign shall be removed within thirty (30) days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. Sign for Vacant Land. For sale, for rent or lease signs advertising vacant land shall be allowed, provided that the total sign area of all such signs shall not exceed sixteen (16) square feet and shall be limited to one (1) sign per parcel, lot or group of contiguous lots under single ownership. Said signs shall be removed within seven (7) days following completion of the land sale, rental or lease. These signs shall not be included in the total sign area allowed for each "business. 8. Construction Sign. One (1) construction sign for each construction project shall be allowed, not to exceed thirty -two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty -two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months, or completion of construction, whichever is later. Construction signs shall not be included in the total sign area allowed for each business. 9. Window Signs. Window signs shall be allowed, provided that no more than twenty -five (25) percent of the exterior window area, per street frontage, is covered by signs. LAND USE REGULATIONS 4 -28 EAGLE COUNTY. COLORADO a1xyNlVVm�Amu4vg(ANMFTd.CO: d'vveM¢r Si. 199H 111111 IIIII 678174 1111111 IIIII 12/01/1998 III IN 04:43P IIIIIIII III IIIIII III IN 370 Sara Fisher 177 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE4: SITE DEVELOPMENT STANDARDS 4 -350 PROCEDURE TO OBTAIN SIGN PERMIT Window signs shall not be included in the total sign area allowed for each business. D. Signs Allowed in a Planned Unit Development (PUD). 1. PUD Sign Plan. Signs within a Planned Unit Development (PUD) shall comply with all provisions of this Division, unless specifically varied by the approval of a comprehensive sign plan for the development. If a comprehensive PUD sign plan has been approved by the Board of County Commissioners, the provisions of that sign plan shall supersede any conflicting parts of this Division. 2. Comprehensive Sign Plan. Any Planned Unit Development may, by or through its managing body, submit to the County a comprehensive sign plan for the control and regulation of signs within the PUD. The application and review procedures to amend an approved PUD, as specified in Section 5 -240 F. 3.m., Amendment, shall be followed for the review and approval of the PUD sign plan and any amendments thereto. 3. Application and Review Procedures. No application for a sign permit in a PUD shall be approved by Eagle County unless the application has been authorized for submission by the managing body of the PUD. Applications shall be submitted to the Eagle County Community Development Department, together with two (2) copies of a sketch of the proposed sign(s) and any other pertinent information. The staff shall review the application to determine whether the proposed signage is consistent with the comprehensive PUD sign plan, as approved by the Board of County Commissioners. SECTION 4 -350. PROCEDURE TO OBTAIN SIGN PERMIT The following procedure shall be followed in order to erect and maintain a sign after the effective date of these regulations (which was February 21, 1989). A sign permit shall also be required at any time the area of an existing sign is increased. A. Permit Required. A sign permit for all signs shall be obtained from the Community Development Department, unless the sign is specifically listed as exempt, pursuant to Section 4 -310 B., Exempt Signs. No permit shall be required for the maintenance of a sign or for a change of copy, provided that the sign conforms to the standards of this Division. B. Pre- Existitig Signs. A sign permit shall not be required for signs erected prior to May 8, 1978, provided that said signs conform to the standards of this Division. C. Application Form. Application for a permit to erect or display a sign in Eagle County shall be made to the Eagle County Community Development Department on standard forms provided by the Department. Application forms shall be completed and signed by the property owner or authorized agent, and submitted with the appropriate fee, as established from time -to -time by Eagle County. Only complete applications shall receive consideration for approval. LAND USE REGULATIONS a.v�woei�rc.�uims�.�u.uxr+.co: xo. :ma..v. izna 4 -29 EAGLE COUNTY, COLORADO IIIIII 678174 VIII IIIIIII VIII 12/01/1998 III IN 04:43P IIIIIIII III IIIIII 11111 1111 370 Sara Fisher 178 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -360 NONCONFORMING SIGNS D. Drawing. All requests for a sign permit shall be accompanied by a drawing that is fully drawn to dimensions, showing the sign structure and proposed lighting. A site plan shall also be submitted, showing the location, setbacks, height and sign area of all proposed and existing signage on the lot. E. Electrical Permit. All requests for a new illuminated sign or that require replacement or extension of electrical wiring shall be accompanied by an application for an electrical permit. F. Inspection. The applicant shall request an inspection by Eagle County within three (3) months of the date of issuance of a sign permit. The sign permit shall expire three (3) months after its date of issuance if the sign has not been inspected and received final approval. A single three (3) month time extension may be granted by the County, if the extension is requested by the applicant in writing prior to expiration of a valid permit. G. Permit is For Life of Sign. A sign permit shall be issued for the life of the sign. H. Amendments. If, after a sign permit has been issued by Eagle County, it becomes necessary to change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the terms or conditions of said permit, such amendment may be allowed, upon approval by the County, without additional permit fees being assessed. Such approval may only be granted by the County upon a finding that said amendment conforms to the provisions of this Division. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Eagle County Community Development Department. SECTION 4 -360 NONCONFORMING SIGNS A. General Provisions. Section 4 -300, Purpose, describes the County's intentions for the administration of signs in Eagle County. In order to reach those intentions, the eventual termination of signs that do not conform to these regulations is both reasonable and desirable. B. Policy for Legally Nonconforming Signs. The provisions of this Section allow nonconforming signs to continue, while at the same time assuring that the neighborhood in which the nonconforming sign exists will eventually benefit from the substantial compliance of permanent and temporary signs with these regulations. C. Determination That Sign is Legally Nonconforming. A legally nonconforming sign is any sign that: 1. Does Not Conform to Original Sign Regulations. Was lawfully erected as of the effective date of this Division, which was February 21. 1989, and has been lawfully maintained in accordance with the provisions of any prior regulations, but does not conform to this Division; or 2. Does Not Conform to Amended Sign Regulations. Was lawfully erected as of or after LAND USE REGULATIONS 4 -30 EAGLE COUNTY, COLORADO ewyeowommrc..vi.ogmvuxra.co: da..�.v. rove II'III I'III "I'III I II I) (I I I'I' III'I") �'I'I III"II I"I 678174 12/01/1998 04:43P 370 Sara Fisher 179 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i I ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -360. NONCONFORMING SIGNS the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of this Division, but which sign, by reason of amendment to the provisions of this Division after the effective date hereof, does not conform to this Division. D. Continuation of Legally Nonconforming Signs. 1. Sign May Not Be Changed. Any legally nonconforming sign may be continued in operation and maintained after the effective date of this Division, which was February 1989, provided no such sign shall be changed in any manner that increases the nonconformity of such sign. 2. Burden Rests Upon Owner. The burden of establishing a sign to be legally nonconforming under this Division rests entirely upon the person claiming such status for a sign. E. Termination of Legally Nonconforming Signs. The right to use, operate or maintain a legally nonconforming sign shall terminate upon any of the following: 1. Abandonment. Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal by action of Eagle County. 2. Violation. Any violation of this Division and /or any pre- existing Eagle County sign provisions shall immediately terminate the right to maintain such sign. 3. Destruction, Damage or Obsolescence. The right to maintain any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of fifty (50) percent of its replacement cost, or becomes obsolete or substandard to the extent that the sign becomes a hazard. 4. Condemnation. The Board of County Commissioners may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Community Development Director, when the sign is found to be in violation of this Division. 5. Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in good structural and visual condition, as determined by the Board of County Commissioners, based upon the recommendations of the Community Development Director. 111111 IIIII 678174 1111111 11'11 12/01/1998 III IN 04 :43P 11111111 III 1111111 II 1111 370 Sara Fisher 180 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r` LAND USE REGULATIONS 4 -3I __ ,:mpow,miour.mro ¢ kiu uer�.ro; xe..,�e,.z+, IM EAGLE COUNTY, COLORADO ARTICLE 4.• SITE DEVELOPMENT STANDARDS 4 -370. VIOLATIONS AND PENALTIES SECTION 4 -370. VIOLATIONS AND PENALTIES A. Inspection and Order to Repair. The Community Development Director shall inspect and shall have the authority to order the repair, alteration, painting or removal, at the owner's expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. B. Written Order. When the Community Development Director finds that a violation of this Division exists, he shall issue a written order to the alleged violator. The order shall specify those provisions of this Division that the individual may be in violation of and shall state that the individual has ten (10) days from the date of the order in which to correct the alleged violation, or to file a variance application with the Community Development Department. C. Removal of Obsolete Sign. If, upon inspection, the Community Development Director finds that a sign has been abandoned, he shall issue a written order to the owner of the sign and /or owner or occupant of the premises stating the nature of the violation and requiring that person to remove or repair the sign within ten (10) days from the date of the order. In cases of emergency, the Community Development Director may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense of the owner of the sign or premises. D. Removal of Prohibited Sign. In the case of a prohibited sign, the sign owner or owner of the premises shall be required to remove the offending sign(s) within two (2) days of receipt of written notification served on the sign owner or owner of the premises personally, or by certified mail, return receipt requested. If return receipt is not received within ten (10) days, then the Community Development Director shall serve the notice upon the alleged violator. If the sign is not removed two (2) days thereafter, then the County may remove the offending sign(s) and recover the costs from the owner of the sign(s) or the premises. E. Sign Does Not Comply With Permit. If the Community Development Director finds that the sign under any permit issued does not comply with the information supplied in the permit application and /or is in violation of this Division, or finds that there has been any misrepresentation in connection with the application for the permit, he shall notify the sign owner of such findings and notify the sign owner that the violation must be corrected within five (5) working days. The sign owner shall have five (5) working days in which to reply to such notification. If such correction is not made within the five (5) day period, the Community Development Director shall revoke the permit and shall serve written notice thereof upon the sign owner. F. Violation. It is a violation of this Division for any person to perform or order the performance of any act that is contrary to the provisions of this Division, or to fail to perform any act that is required by any of the provisions hereof. In the case of a continuing violation, each twenty -four (24) hour period in which the violation exists constitutes a separate violation. G. Penalties. Penalties for violations of this Division shall be as provided in Article 7, Enforcement. LAND USE REGULATIONS 4 -32 _ EAGLE COUNTY, COLORADO :mraowwammui.oprnu,uxr..co; xo..,rm..u, r9se 111111 IIIII 1111111 IIIII III IIII IIIIIIII III 1111111 II IN 678174 12/01/1998 04:43P 370 Sara Fisher 181 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 4, SMEDEVELOPMENTSTANDARDS 4 -400 PURPOSE DIVISION 4 -4. NATURAL RESOURCE PROTECTION STANDARDS SECTION 4 -400. PURPOSE The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to geologic hazards is accomplished in a manner that protects the safety of inhabitants and minimizes environmental and aesthetic impacts; and (3) to preserve ambient air quality and water quality and quantity, to maintain the County's healthy, attractive mountain environment for residents and visitors. SECTION 4-410. WILDLIFE PROTECTION A. Purpose. The purpose of the Wildlife Protection Section is to protect and maintain wildlife in Eagle County. This is done through the development review process whereby potential wildlife habitat is identified and appropriate avoidance, minimization and/or impact mitigation techniques are suggested that will sufficiently protect the wildlife species and their habitats. B. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development (PUD). C. Procedure. 1. Wildlife Analysis. An applicant for development that is subject to the provisions of this Section 4 -410 Wildlife Protection, shall submit a Wildlife Analysis as part of the application. The purpose of the Wildlife Analysis is to identify the location of wildlife habitat or migration routes, determine potential impacts of development, and identify appropriate avoidance, minimization, and/or impact mitigation techniques. The County encourages the assistance of competent professional technicians at this stage of the planning process. 2. Referral to Colorado Division of Wildlife. As part of the review of the application, the Community Development Director, shall refer to the Colorado Division of Wildlife (CDOW) all applications as identified in Section 4410.B., Applicability. Referral of Final Plat applications will be at the discretion of the Community Development Director. 3. Review by CDOW. CDOW should review the application and deterinme whether there is potential impact to wildlife habitat or migration routes. During their review, CDOW should take into consideration potential impacts to the following: a. Elk Migration Corridors and Patterns LAND USE REGULATIONS 4-33 _ EAGLE COUNTY, COLORADO va^ V�Han4GenvieH4lNrUIfM1 /.(b.NeveNn L. IYW I I"III "III "I'III "'ll I'I I'I' III'I"I 111111111111 11 IN 878174 12/01/1998 04:43P 370 Sara Fisher 182 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r ARTICLE4- SITEDEVELOPMENTSTANDARDS 4-420 DEVEM0, MENTINARAAS SUBJECT TO GEOLOGIC HAZ4Rns b. Elk Production Areas c. Elk Severe Winter Ranges and Winter Concentration Areas d. Mule Deer Staging Areas and Migration Corridors e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration Areas f. Bighorn Sheep Migration Patterns g. Bighorn.Sheep Winter Concentration Areas h. Bighorn Sheep Production Areas Bald Eagle Roost Sites Golden Eagle Nest Sites k. Peregrine Falcon Nest Sites 1. Sage Grouse Production Area m. Lynx Occupied Habitat. 4. Recommendation By CDOW. Considering the potential impact to wildlife, the CDOW shall review the application, including the Wildlife Analysis, and make recommendations pertaining to important habitat or migration routes of wildlife species which may be affected by the proposed development. The recommendation shall identify appropriate avoidance, minimization, and /or impact mitigation techniques. 5. Consideration. The County shall consider the content of the Wildlife Analysis and the recommendations of the CDOW during the development review process. SECTION 4 -420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS A. Purpose. There are certain types of lands in Eagle. County that have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, steep slopes, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. Development in certain of these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover, which can cause increased runoff and consequent erosion and sedimentation. LAND USE REGULA77ONS 4-34 EAGLE COUNTY COLORADO cipladvnmw.mdkveruFll.co; M+wroer z, ipvn IIIIII IIIII IIIIIII IIIII III (III IIIIIIII III IIIIIII II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 183 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4 SITE DEVELOPMENT STANDARDS 4-420 DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS These regulations are intended to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas, mitigation techniques shall be provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable, the occupants of adjacent properties. B. Maps Incorporated. There are two (2) sets of maps that depict the potential geologic hazard areas in unincorporated Eagle County. The first such map set is known as 'Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado ", prepared by Charles S. Robinson and Associates, Inc., Golden, Colorado, 1975. The second such map set is known as 'Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado ", prepared by Allan E. Miller, Consulting Geologist, Steamboat Springs, Colorado, 1977 -78. These two (2) maps sets are hereinafter referred to collectively as "The Eagle County Geologic Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets are available for review by the public in the Office of the Community Development Director during normal business hours. C. Applicability. The provisions of this Section 4 -420, Development in Areas Subject to Geologic Hazards, shall apply to the following: 1. Slopes in Excess of Thirty (30) Percent. Applications for Subdivision, Special Use, or PUD proposed on lands that contain slopes in excess of thirty (30) percent. 2. Lands Designated on Geologic Hazard Maps. Applications for Subdivision, Special Use, or PUD proposed on lands that are designated on the Eagle County Geologic Hazards Maps as avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. 3. Exemptions. The following types of development shall be exempt from the provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards. a. Previously Subdivided Lot. The development of a single - family residence or duplex on a lot subdivided prior to January 1, 1999 or any development conducted pursuant to a special use permit issued prior to January 1, 1999. However, the development of said uses shall comply with any geologic hazard mitigation requirements that may have been applied by Eagle County to the approval of the subdivision, PUD or special use permit. b. Existing Structure. The remodeling, repair, restoration, alteration or expansion of any existing structure. 111111111111111111 878174 VIII 12/01/1998 1Ii IN 04:43P IIIIIIII III 1111111111111 11 IN 370 Sara Fisher 184 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 4-35 EAGLE COUNTY, COLORADO s; Iny(i1CwlNtew�w8fe168rNRfI.CO: NeveMrer L, lY9A A07ICLE4 SI7EDFVELOPMENT STANDARDS 4 -420 DEMQPM NTINAREA UE Cf TO GEOLOGIC HAZ4+nS D. Procedure. 1. General. Review of development that is subject to the provisions of this Section 4 -420, and shall require referral of the application to the Colorado Geologic Survey. 2. Geologic Hazards Analysis.. An applicant for development that is subject to the provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall submit a Geologic Hazards Analysis. The.purpose of the Geologic Hazards Analysis is to determine, on a site specific basis, the location and degree of severity of the geologic hazards that are posed to the property. The Geologic Hazards Analysis shall be prepared by a qualified geologist or engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. The map depicting slopes may be prepared by a surveyor registered in Colorado. a. Special Use Applications. For development requiring a Special Use Permit, the application shall include only those materials described under Subsection 4- 420.D.2.b.(2), Preliminary Plan. b.. Development Involving Subdivision or PUD Review. For any development subject to the procedures and standards of this Section that involves Subdivision or PUD review, the Geologic Hazards Analysis shall be submitted in two (2) steps, as follows. (1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch plan shall provide an initial investigation of the feasibility that the development can comply with this Section. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of geologic hazards regulated by this Section in relationship to planned development areas. The map shall also provide a general depiction of those portions of the property that contain slopes in excess of thirty (30) percent. The map shall depict contours at a minimum of ten (10) foot intervals. (b) Report. A brief report describing, in a general manner, whether the development is able to avoid the geologic hazards or proposes to mitigate the impacts of those hazards on the development. If mitigation is proposed, a general description of the form that mitigation is proposed to take shall also be provided. (2) Preliminary Plan. The Geologic Hazards Analysis submitted with the preliminary plan shall provide a site specific analysis of how the development will comply with this Section. It shall contain the following materials: LAND USE REGULA77ONS 436 EAGLE COUMY, COLORADO c'I.pt!` N^p4Sev.Imd41NLIT( -ACO: MmSn2y 1PM 111111 678174 VIII 111'111 11111111 12/01/1998 IN 04:43P 11111"1 1111111111 II 1111 370 Sara Fisher 185 of 405 R 0.00 D 0.00 N 0.00 Eagle CO _R ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -420 DEVELOPMENT INAREAS SUBJECT TO GEOLOGIC HAZARDS (a) Site Specific Analysis. A site specific analysis of the property that depicts the locations of geologic hazards regulated by this Section in relation to planned development areas. The map shall also provide an accurate survey depiction, at two (2) foot contour intervals, of those portions of the property that contain slopes in excess of thirty (30) percent. (b) Impact Evaluation. An evaluation of the potential impacts of the geologic hazards on the proposed development and on any property surrounding the subject property. This shall include an evaluation of any recent activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (c) Slope Development. Development subject to this Section 4- 420, Development in Areas Subject to Geologic Hazards sloping in excess of thirty (30) percent shall be evaluated based on the following: i) The effect of slope characteristics on density or minimum lot size. According to the slope characteristics, the allowable density shall be decreased and /or the minimum lot size shall be increased, for all development within the RSL, RSM, RMF, CL, CG, I, and RC Zone Districts . The determination of lot slope for proposed lots in the RSL, RSM and RMF, CL, CG, I, RC and PUD zone districts to establish the permitted density, or minimum lot size shall be made on an individual lot basis using the standard method. The standard method calculation is the gradient of the undisturbed land surface of a lot which shall be established by measuring the maximum number of feet in elevation gained or lost between lot lines. This relationship of vertical measurement divided by the horizontal measurement shall be expressed as a percentile. ii) Procedure 1 - Conventional Subdivision. A standard rule of five hundred (500) sq. ft. of lot area per percentage point of lot slope shall be used to determine the permitted density or minimum lot size of development within the RSL, RSM, RMF, CL, CG, I, and RC zones. For example, the minimum lot area per dwelling unit allowed on land sloping thirty-five (35) percent is 1 LAND USE REGVLA77ONS 4 -37 EAGLE COUNTY. COLORADO cn.pcuvmmmaae.aymu.uera.co: V sea ern, IW8 11111111111111111111111 III II IN 678174 12/01/1998 04:43P 370 Sara Fisher 186 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4• SITE DEVELOPMENT STANDARDS 4-420 DFVELOPMFNT INAREAS SUBJECT TO GEOLOGIC HAZARDS d.u. /17,500 sq. ft. Formula: Slope percentage x 500 sq. ft. = number of sq. ft. per dwelling unit The above rule shall determine density or minimum lot size. iii) Procedure 2: Cluster Subdivisions. In cluster projects in the RSL, RSM, RMF, and RC zones, the allowable number of dwelling units shall be calculated from a slope analysis. This analysis shall use five (5) percent slope ranges and the permitted density shall be based on the five hundred (500) sq. ft. rule. Example: Cluster Subdivision in RSM zone 1.7 acres (74,000 sq. ft) The following Table is the result of a slope analysis on the 1.7 acre parcel: Slope 500 sq. ft. Category Sub Area Size Rule Density Yield 10 -15% 24,000 sq. ft. 1 per 8,000 3 d.u. 15 -20% 10,000 sq. ft. 1 per 8,750 1.14 d.u. 20 -25% 15,000 sq. ft. 1 per 11,250 1.33 d.u. 25 -30% 25,000 sq. ft. 1 per 13,500 1.85 d.u. 7.32 = 7 1.7 acre parcel = 7.d.u. iv) Floor Area and Lot Coverage Restrictions Based On Slope. In any case where the number of dwelling units has been decreased by the slope formula above, the associated floor area and lot coverage calculations shall be based on the number of square feet per unit required in that zone on flat ground. v) Cluster Option B Projects. For cluster option B projects, the percentage increase in the number of units in accordance with the special design cluster provision in the various Zone Districts shall be based on the number of units allowed on the parcel after the slope restrictions Jams USB J(PUUL477UNS 4 -38 EAGLE COUNTY, COLORADO cu,pcovero�m'mai.so-imuxr -r.co: X ww ra. Im l 111111111111111111 678174 IIIII 12/01/1998 Ill IN 04:43P III'I"I 1111111111 II I'll 370 Sara Fisher 187 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITS DEVELOPMENT STANDARDS 4 -430 DEVELOPMENT INAREAS SUBJECT TO WTDFIRE HAZARDS are applied. (d) Report. A complete report identifying how the proposed development will comply with the standards of this Section, including proposed hazard mitigation and avoidance measures. 3. Referral to Colorado Geologic Survey. During the staff review of the application, the Community Development Director shall refer the application and Geologic Hazards Analysis to the Colorado Geologic Survey (CGS). Referral of Final Plat applications will be at the discretion of the Community Development Director. a. Review By CGS. CGS shall review the application and Geologic Hazards Analysis and provide comments to the County on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to determine the appropriate avoidance or mitigation techniques that may best apply to the proposed development. b. Revision of Analysis May Be Required. If CGS determines there are geologic hazards on the property that are not shown on the Eagle County Geologic Hazard Maps and have not been addressed by the applicant, or that the Geologic Hazards Analysis is otherwise incomplete or inadequate, the County may require the applicant to revise the Geologic Hazards Analysis to properly address said hazards. 4. Recommendation By CGS. Considering the geologic characteristics of the property and potential geologic hazards associated with those characteristics, the CGS shall make recommendations regarding the potential. impacts of the hazards and determine appropriate avoidance or mitigation techniques. 5. Consideration. The County shall consider the content of the Geologic Hazards Analysis and the recommendations of the CGS during the development review process. SECTION 4 -430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards to human life and safety and to property because they can be threatened by wildfire. These regulations are intended to ensure that development avoids these wildfire hazard areas whenever possible. Where it is not possible for development to avoid these areas, the regulations provide standards to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable, the occupants of adjacent properties. B. Applicability. The provisions of this Section shall only apply to any application for a subdivision or planned unit development (PUD). j3 LAND USE REGULATIONS 4 -39 EAGLE COUNTY, COLORADO _, c1uy69WmnlcYmulm81e1NiLffiTLCO ; Nn.x.Mn L, 15fli ... I I"III "III "I'III "'II I'I I'I' III'I"I I'I'III'I' II I"� 678174 12/01/1998 04:43P 370 Sara Fisher 188 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-430 DEVELOPMENT INAREAS SUBJECT TO IVIIDFIRE HAZARDS C. Procedure. 1. Referral to Colorado State Forest Service. As part of the review of the application, the Commutilty Development Director shall refer to the Colorado State Forest Service (CSFS) all applications as identified in Section 4- 430.B., Applicability. Referral of Final Plat applications will be at the discretion of the Community Development Director. 2. Review and Classification of Degree of Hazard By CSFS. CSFS shall review the application and shall determine whether there is a low, moderate or high degree of severity of wildfire hazard posed to persons and property. CSFS shall consider the proposed design of the subdivision or PUD (including the planned roads and water supply facilities and the configuration and location of lots), the topography of the site, the types and density of vegetation present, the fire protection measures proposed by the applicant and other related factors in making its determination. 3. Recommendations By CSFS. Considering the degree of severity of wildfire hazard that is posed to persons and property, the CSFS shall also make recommendations as to the mitigation techniques that should be incorporated in the final plan for the, subdivision or PUD. These recommendations shall be based on guidelines promulgated by CSFS (see, for example, CSFS publications entitled Wildfire Protection in the Wildland Urban Interface" and Wildfire Safety Guidelines for Rural Homeowners ") and may include, but are not limited to the following wildfire hazard mitigation techniques: a. Locations. Recommendations to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons. 1 b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create defensible space buffers around locations where structures are proposed, remove hanging tree limbs near chimneys, establish fuelbreaks or reduce the severity of the hazard. The form and the extent of the recommendations to manipulate vegetation shall relate directly to the severity of the hazard that is present. C. Structural Design. Recommendations to use non - combustible roof materials, to require pitched roofs, and to sheath, enclose or screen projections and openings above and below the roof line, as applicable. d. Water Supply. Where access to a pressurized water system with fire hydrants is not provided, recommendations may be made to ensure the availability of a water supply for individual structures, in the form of access to a pond, installation of an underground water storage tank, provision of dry hydrants, or similar methods. e. Access. Recommendations to provide for separate routes of entrance and exit into the subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly LAND USE REGULATIONS 4 -40 EAGLE COUNTY, COLORADO clxpEOWUmIN'rmimglANiWt]'LCO: NOV.m0o Z3, )9l8 ' II IN 878174 12/01/1998 04:43P 370 Sara Fisher 189 of 405 R 0.00 D 0.00 N 0.00 Eagle CO .9 ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-430 DEVELOPMENT INAREAS SUBJECT TO IVIIDFIRE HAZARDS C. Procedure. 1. Referral to Colorado State Forest Service. As part of the review of the application, the Commutilty Development Director shall refer to the Colorado State Forest Service (CSFS) all applications as identified in Section 4- 430.B., Applicability. Referral of Final Plat applications will be at the discretion of the Community Development Director. 2. Review and Classification of Degree of Hazard By CSFS. CSFS shall review the application and shall determine whether there is a low, moderate or high degree of severity of wildfire hazard posed to persons and property. CSFS shall consider the proposed design of the subdivision or PUD (including the planned roads and water supply facilities and the configuration and location of lots), the topography of the site, the types and density of vegetation present, the fire protection measures proposed by the applicant and other related factors in making its determination. 3. Recommendations By CSFS. Considering the degree of severity of wildfire hazard that is posed to persons and property, the CSFS shall also make recommendations as to the mitigation techniques that should be incorporated in the final plan for the, subdivision or PUD. These recommendations shall be based on guidelines promulgated by CSFS (see, for example, CSFS publications entitled Wildfire Protection in the Wildland Urban Interface" and Wildfire Safety Guidelines for Rural Homeowners ") and may include, but are not limited to the following wildfire hazard mitigation techniques: a. Locations. Recommendations to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons. 1 b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create defensible space buffers around locations where structures are proposed, remove hanging tree limbs near chimneys, establish fuelbreaks or reduce the severity of the hazard. The form and the extent of the recommendations to manipulate vegetation shall relate directly to the severity of the hazard that is present. C. Structural Design. Recommendations to use non - combustible roof materials, to require pitched roofs, and to sheath, enclose or screen projections and openings above and below the roof line, as applicable. d. Water Supply. Where access to a pressurized water system with fire hydrants is not provided, recommendations may be made to ensure the availability of a water supply for individual structures, in the form of access to a pond, installation of an underground water storage tank, provision of dry hydrants, or similar methods. e. Access. Recommendations to provide for separate routes of entrance and exit into the subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly LAND USE REGULATIONS 4 -40 EAGLE COUNTY, COLORADO clxpEOWUmIN'rmimglANiWt]'LCO: NOV.m0o Z3, )9l8 ' II IN 878174 12/01/1998 04:43P 370 Sara Fisher 189 of 405 R 0.00 D 0.00 N 0.00 Eagle CO _J ,1 R77CLE 4: STrE DEVELOPMENT STANDARD 4-440 WOOD B MM CONTROLS l spaced turnouts along roadways, the establishment of adequate grades and sight distances and the prohibition of dead end streets (but not cul de sacs) in the development. f. Maintenance. Recommendations to keep roofs cleared of debris and to store flammable materials and firewood away from structures. 4. Compliance. The County shall consider the recommendations of the CSFS and apply the appropriate recommendations as conditions of approval of the sketch and preliminary plan. The applicant shall demonstrate how the development complies with all of the CSFS recommendations the County made conditions of approval. SECTION 4 -440. WOOD BURNING CONTROLS A. Findings and Intent. The Eagle County Board of County Commissioners hereby find and declare air quality to be an important part of the health, safety and welfare of the community. The Board of County Commissioners have a duty to protect and improve air quality in and around Eagle County, not only for the health, safety and general welfare of its residents and visitors, but also because air pollution resulting from the use of wood burning devices reduces the desirability of Eagle County as a recreation and tourism destination, thus affecting the aesthetic and economic welfare of the County. The Board of Commissioners find and declare the present level of degradation of air quality to be unacceptable and recognize the need to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution caused by wood smoke. It is the intent of the Board of County Commissioners to enact reasonable regulations to control pollution caused by wood smoke for the purpose of improving the air quality, aesthetic features and economy of Eagle County. B. General Requirements. 1. Only New Technology Devices Permitted. Building or mechanical permits shall only be issued for the installation of wood burning devices that comply with the standards of a new technology device, as defined herein, or unless the installation is otherwise exempt from these Regulations. 2. Existing Wood Burning Devices. Buildings with wood burning devices in existence on the effective date of this regulation shall be permitted to replace existing wood burning devices with new technology devices. 3. Exemptions. Section 4- 440.C., Maximum Number of Wood Burning Devices in New Structures, does not apply to parcels thirty five (35) acres or greater in size, zoned Resource, and the sole source of heat is a new technology device. C. Maximum Number of Wood Burning Devices in New Structures. The maximum number of LAND USE REGULATIONS 4-41 EAGLE COUNTY, COLORADO a.ysovonmu.uuoernmuxr�.co; ew.,m.. u. rune 1("111 Hill "1'11111111111IN 111111111'1111'III"I'll 678174 12/01/1998 04:43P 370 Sara Fisher 190 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-040. WOOD BURATNG CONTROLS wood burning devices permitted within new structures in unincorporated Eagle County shall be as follows: 1. R, RL, AR, AL, and RR Zone Districts. One (1) new technology device shall be permitted per building within the Resource (R), Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), and Rural Residential (RR) zones, unless exempt under Section 4- 440.B.3. Exemptions. 2. RC, RSL, RSM, RMF and FH Zone Districts. Within the Rural Center (RC), Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi- Family (RMF), and Fulford Historical (FH) zone districts, the following limitations shall apply: a. Single - Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single - family and duplex dwellings. b. Multi - Family Units. Wood burning devices shall not be permitted within multi- family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi - family units. 3. RC, CL, CG, and I Zone Districts. Within the RC (Rural Center), Commercial Limited (CL), Commercial General (CG) and Industrial (1) zone districts, the following limitations shall apply: a. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or b. Hotel or Motel Use. One (1) conventional open - hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. 4. Approved PUD. Within any approved planned unit development (PUD), including the Eagle -Vail PUD, the following limitations shall apply, unless alternative limitations are approved as part of the PUD Guide: a. . Single- Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single - family and duplex dwellings. b. Multi - Family Units. Wood burning devices shall not be permitted within multi- family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi - family units. C. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or LAND USE REGULATIONS 4-42 EAGLE COUNTY, COLORADO a.neawwi,c..m,oamvuxra.ca: na..ms.. zr, ivie 111111 IIIII 1111111 IIIII III IIII IIIIIIII 111 1111111111111 878174 12/01/1998 04:43P 370 Sara Fisher 191 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 3 d3 AR77CLE 4: SITE DEVELOPMENT STANDARDS 4-450 MGELINE FROTFC770N d. Hotel or Motel Use. One (1) conventional open - hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. SECTION 4450. RIDGELINE PROTECTION A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's scenic resources as viewed from the Interstate 70 roadway corridor that are important to the character and economy of Eagle County. This is accomplished by the establishment of ridgeline areas within which the location and design of development is reviewed to maintain the natural appearance of the mountain skyline and to avoid penetration or interruption of the natural skyline by development. B. Maps Incorporated. The general locations of the areas identified for protection are shown on the Ridgeline Protection Map, dated November 23, 1998. The map is available for review by the public in the office of the Community Development Director during normal business hours. C: Applicability. The provisions of this Section 4 -450, Ridgeline Protection, shall apply to applications for Subdivision, Special Use, or PUD, proposed on lands that are designated on the Ridgeline Protection Map. D. Procedure.' An applicant for development that is subject to the provision of this Section 4-450, Ridgeline Protection, shall submit a visual analysis. The purpose of the visual analysis is to illustrate the anticipated visual effects of the proposed development and to describe how the potential visual impacts will be mitigated. a. Special Use Application. For development requiring a special use permit, the application shall include only those materials described under Subsection 4- 450.D.1b.(2), Preliminary Plan. b. Development Involving Subdivision or PUD Review. For any development subject to the procedures of this Section that involves Subdivision or PUD review, the Visual Analysis shall be submitted in the following stages: (1) Sketch Plan. Within the sketch plan application, the applicant shall submit an initial investigation of potential visual impacts and mitigation techniques. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of ridgeline areas protected by this Section in relationship to planned development areas. LAND USE REGULA77ONS 4-43 EAGLE COUNTY, COLORADO . wanes ae....�amuxr�mx..e,a..zr r�s l Illlll Illll Illllll IIIII Ill IIII llllllll ill Illll 1111 1111 678174 12/01/1998 04:43P 370 Sara Fisher 192 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE4• =DEVELOPMENTSTANDARD 4-450 RIDGELIKE PRO C770N (b) Written Statement. A brief written statement describing, in a general manner, where the development is proposed to be located in relation to the ridgeline areas and the design elements that will be used to mitigate visual impacts. (2) Preliminary Plan. Within the preliminary plan application, the applicant shall submit a detailed visual analysis. It shall illustrate the existing features of the site, as viewed from Interstate 70, and depict the location and design of the proposed development. The visual analysis shall include: (a) Illustrations. Illustrations of the mass and form of the proposed development. These may be provided as a photograph of the property, onto which the development has been rendered, a computer simulation, an architectural site section or other similar visual display technique. (b) Materials and Colors. Statements or samples describing the materials and colors proposed to be used in all structures. (c) . Map. A map locating proposed roads and utilities and identifying the area proposed for development. (d) Plans. Grading, landscaping and illumination plans. (e) Written Statement. A written statement shall be submitted depicting how the development mitigates visual impacts on affected ridgelines. (3) Final Plat. Within the final plat application, the applicant shall submit those materials necessary to provide the County with assurances that the development will meet all of its commitments for ridgeline development agreed to during preliminary plat review. Such assurances may include, but not be limited to covenants, deed restrictions and financial guarantees, as approved by the County Attorney and as accepted by the Board of County Commissioners. For developments that do not require a final plat, this information shall be provided with the preliminary plan. 2. Review by County. The County shall review the application and visual analysis to determine whether there is potential visual impact to the ridgelines contained within the areas mapped on the Ridgeline Protection Map. It is the intent that development subject to this Section 4 -450, Ridgeline Protection, be located in such a manner that it does not appear to penetrate above the crest of a ridge whereby the proposed development has no backdrop and penetrates the skyline, as viewed from I -70. LAND USE RECULATTONS =i.yemev =i<uerc,wa��u.uxra.m: xw,ro., AIM 4-44 EAGLE COUNTY, COLORADO IIIIIIIIII 678174 "III "1'11111111111 12/01/1998 IIII 04:43P IIIIIIII III 11111 IIII 1111 370 Sara Fisher 193 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4. SITE DEVELOPMENT STANDARD 4-460 ENVIRONMENTAL IMPACT REPORT 3. Consideration. The County shall consider the visual analysis during the development review process. SECTION 4 -460. ENVIRONMENTAL IMPACT REPORT A. Purpose. The purpose of an Environmental Impact Report is to provide complete information on the environmental effects of proposed development to the County Commissioners, the Planning Commission and the general public. In addition, the purpose is to ensure that long term protection of the environment is a criterion to be considered in planning, and that development decisions, both public and private, take into account the relative merits of possible alternative actions. This is accomplished by, providing procedures for review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. B. Applicability Unless exempted by Subsection 4-460 D. Exemptions, an Environmental Impact Report is required for applications of subdivision, special use, or PUD that may significantly affect the environment, either during construction or an a continuing basis. C. Application and Review. The Environmental Impact Report shall accompany the initial application submittal for the development proposal. Any subsequent submittal shall include the Environmental Impact report and reflect any revisions or additional information requested by either the Community Development Director, the Planning Commission or Board of County Commissioners. D. Exemptions. An Environmental Impact Report shall not be required when a phase of a development for which an Environmental Impact Report was previously submitted and reviewed covering all phases of the entire development, provided that the development was approved originally and not subsequently altered in any material respect. E. Report Contents. 1. Environmental Impact Report. The Environmental Impact Report shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Planning Commission and the County Commissioners to judge the environmental impact of the proposal and to judge measures proposed to reduce or negate any harmful or undesirable environmental impacts. The Community Development Director, Planning Commission and or County Commissioners may require submission of information in addition to that listed in this section. The Environmental Impact Report shall include all necessary information to adequately address the specific Environmental Conditions (Section 4 -460 E.2.) affected. 2. Environmental Conditions. The following is a list of Environmental Conditions to be LAND USE REGULATIONS 415 EAGLE COUNTY, COLORADO ._ dvAOWmnlcGmulmBLlNrW IRi.CO: Nawmbr L. l9Ad I IIIIII IIIII "I'III "III III I'I' III'I"I II"III' II'I II'I 678174 12/01/1998 04:43P 370 Sara Fisher 194 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-460 ENVIRONMENTAL IMPACT REPORT considered. a. By significantly altering an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural land form feature. b. By directly or indirectly affecting a wildlife habitat, feeding, or nesting ground. c: By significantly altering or removing native grasses, trees, shrubs, or other vegetative cover. d. By significantly affecting the appearance or character of a significant scenic area or resource, or involving buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing cultural features. e. By potentially resulting in avalanche, landslide, siltation, settlement, flood, or other significant land form change or hazard to health and safety. f. By discharging toxic or thermally abnormal substances, or involving use of herbicides or pesticides, or emitting significant smoke, gas, steam, dust, or other particulate matter. g. By involving any process which results in significant odor that may be objectionable or damaging. h. By requiring any waste treatment, cooling, or settlement pond, or requiring transportation of solid or liquid wastes to a treatment or disposal site. i. By discharging significant volumes of solid or liquid wastes. j. By increasing the demand on existing or planned sewage disposal, storm drainage, or other utility systems to a level which is likely to cause an adverse impact on the environment. k. By involving any process which generates significant noise that may be offensive or damaging. 1. By either displacing significant numbers of people or resulting in a significant increase in population. m. By pre - empting a site which is desirable for recreational uses or planned open space. n. By significantly altering local traffic patterns or causing an increase in traffic volume or transit service need. LAND USE REGULATIONS 4 -46 EAGLE COUNTY, COLOR WO I Xa11M1123. IM 1"111 11111 678174 1111111 11III 12/01/1998 111 IN MOP IIIlI11I 111111111111 IIII 370 Sara Fisher 193 of 405 R 0.00 D 0.00 N 0.00 Ea91e CO ARTICLE 4. SITE DEVELOPMENT STANDARDS 4 -060 ENVIRONMENTAL IMPACT REPORT o. By being a part of a larger project which, at any future stage, may involve any of the impacts listed above. Preparation. The Environmental Impact Report shall be prepared by qualified professionals. 4. Inclusions. The Environmental Impact Report shall include: a. Overview of Development Proposal. A general statement identifying and describing the proposed development in terms such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet, and such other data as will contribute to a clear understanding of the scale of the development. Project boundaries, and ' boundaries of the area within which environmental impact is likely to be significant shall be shown on a site map. b. Other Reviewers. A list of other regulatory review agencies and the specific environmental protection regulations to which the proposed development will be subject (e.g. air, water, solid waste, etc.). C. Summary. A summary of the Inventory and Analysis sections of the Environmental Impact Report and supporting technical studies shall be provided and prepared using terms that can be assessed and evaluated by county officials and the general public. d. Inventory and Analysis. The Inventory and Analysis shall address and incorporate the applicable Environmental Conditions pursuant to Section 4 -460 E.2., Environmental Conditions, as follows: (1) Text, maps, photographs, and other appropriate illustrative material may be used as part of the Inventory and Analysis section of the Environmental Impact Report. (2) The Environmental Impact Report shall include an inventory of existing environmental characteristics of the site that exist prior to the proposed development. (3) The Environmental Impact Report shall include a comprehensive qualitative and quantitative analysis of any environmental impacts of the proposed development. The analysis portion of the Environmental Impact Report shall assess the following items in reasonable detail: (a) Adverse effects which cannot be avoided if the proposal is $ LAND USEREGULATIONS 4-47 EAGLE COUNTY, COLORADO ,,_ caxp 'OWNVlclimo-4u8le1Nil4pT�.QJ; NOVrm6rrii, t93a 111111 678174 "111 1111111 11'11 12/01/1998 111 IN 04:43P 111'11'1 111 VIII 1111 IN 370 Sara Fisher 196 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4: STI E DEVELOPMENT STANDARDS 4-460 ENVIRONMENTAL IMPACT REPORT implemented. (b) Mitigating measures proposed to minimize the impact. (c) Possible alternatives to the proposed action. (d) Temporary, secondary and cumulative long term effects of the proposal, which either significantly reduce or enhance the state of the environment. (e) Irreversible environmental changes resulting from implementation of the proposal. (f) How, if applicable, the proposal is part of a large project which at any future stage, may increase impacts. e. Environmental Topics to Address. Each Environmental Impact Report shall include inventory information and analysis of impacts on the following natural systems: (1) Hydrologic - existing surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural or man -made water features and characteristics (such as streams, wetlands, ponds, etc.) and any potential changes or impacts caused by the development proposal. (2) Atmospheric - airshed characteristics, potential emissions, and any potential changes or impacts caused by the development proposal. (3) Geologic - all land forms (ridgelines, ravines, etc.), slopes, soil characteristics, potential hazards areas, and any potential changes or impacts caused by the development proposal such as landslide, flood, settlement, siltation, avalanche or other. (4) Biotic - vegetation and wildlife habitats feeding, breeding, nesting or critical habitats including but not limited to upland, riparian and wetland, and any potential changes or impacts including but not limited to intrusion, obstruction, removal or alteration of vegetation. (5) Wastes, Noise and Odors - levels and characteristics of any toxic, noxious or abnormal substances, smoke, odors, gas, wastes, steam, dust or other particulate matter. (6) Visual - views and scenic values, and any potential changes, impacts, or marked contrasts that would affect the scenic area or resource. (7) Circulation and Transportation - volumes and traffic flow patterns, transit service needs, alternative transit systems and potential changes or impacts. LAND USE REGULATIONS 4 -48 EAGLE COUNTY, COLORADO ` a„yeoworma.mi.osenw.uer'�.ro: navx.rv, iva ' I IIIIII "III IIIIIII IIIII III IIII IIIIIIII III IIIII IIII IIII � 678174 12/01/1998 04:43P 370 Sara Fisher 197 of 403 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-460 ENVIRONMENTAL IMPACT REPORT Related Studies and Requirements. If the land development proposal is subject to other standards in these Land Use Regulations that are of a related environmental nature, reports used to meet those standards may be used to satisfy certain requirements for information and analysis in the Environ- mental Impact Report, so long as the preparer clearly identifies how and where a reviewer will find that information within the submittal package. 1 111111 678174 "III "1' 111'1'11111 12/01/1998 IN 04:43P IIIIIlll 1111111111111111 370 Sara Flahar 198 of 408 R 0.00 D 0.00 N 0.00 Eagle CO 8, t LAND USE REGULATIONS 4-49 EAGLE COUNTY, COLORADO r:IxybNnmltllmulra$W&,WTI.CO. Nae. er].IKI ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -500. PURPOSE DIVISION 4 -5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4 -500. PURPOSE The purpose of this Division is to provide appropriate standards for the operation of commercial and industrial uses in Eagle County. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare, radiation, fumes and water pollutants and from the improper storage of hazardous and non - hazardous materials. SECTION 4 -510. APPLICABILITY This Division shall apply to all commercial and industrial uses located within unincorporated Eagle County. SECTION 4 -520. NOISE AND VIBRATION STANDARDS A. Maximum Permissible Noise Levels. Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty (60) decibels, during the hours of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of 7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of five (5) decibels for a period not to exceed fifteen (15) minutes in any one (1) hour. 1. Measured Along Property Boundary. Noise levels shall be measured at any point along any boundary line of the property on which the use is located. 2. Measurement When There Are Multiple Uses on a Single Parcel. Where more than one (1) use is located on a property, then the noise levels shall also be measured along any wall of any other building on the property. B. Vibration Generated. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible, without instruments, at any point along any boundary line of the property on which the use is located. Where more than one (1) use is located on a property, then this standard shall also be measured along any.wall of any other building on the property. SECTION 4 -530. SMOKE AND PARTICULATE STANDARDS A. Smoke Emission. Every use shall be so operated that it does not emit smoke exceeding a density (opacity) of twenty (20) percent. B. Emission of Particulate Matter. Every use shall be so operated that it does not emit particulate matter exceeding two- tenths (0.2) grains per cubic foot of the flue gas at a stack temperature of five LAND USE REGULATIONS 4 -50 EAGLE COUNTY, COLORADO < :e,yeowrc�<nenrn.udo-w.uer -I.m: x—v 'v. Im 1111111 "III "1'111 11111 111 IN 111'1"1 11111111 IN IN 678174 12/01/1998 04:43P 370 Sara Fisher 199 of 405 R 0.00 D 0.00 N 0.00 Eagle CO -, AR77CLE 4, SITE DEVELOPMENT STANDARDS 4 -540 HEAP GLARE RADIA77ON & ELECTRICAL INTERFERENCE hundred (500) degrees Fahrenheit. C. Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located. Where more than one (1) use is located on a property, then each use shall be operated so that dust or fumes do not project onto any wall of any other building on the property. SECTION 4 -540. HEAT, GLARE, RADIATION AND ELECTRICAL INTERFERENCE Every use shall be operated so it does not emit a dangerous or discomforting degree of heat, glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception beyond any boundary line of the property on which the use is located. Sources of emissions shall be shielded, operated indoors or pointed away from neighboring properties. Where more than one (1) use is located on a property, then these standards shall also apply along any wall of any other building on the property. SECTION 4 -550. STORAGE OF HAZARDOUS AND NON - HAZARDOUS MATERIALS A. Storage of Hazardous Materials. 1. Flammable or Explosive Materials. Flammable or explosive liquids, solids, or gases j shall be stored so as to comply with all applicable local, state and federal regulations, with particular attention to any standards adopted by the applicable fire district. Hazardous materials stored on -site shall be reported to the County's Emergency Planning Committee, in compliance with the Superfund Amendments Reauthorization Act, Title III, as amended. 2. Outdoor Storage in Closed Containers. All materials or wastes which might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to vectors may be stored outdoors only when stored in closed containers. 3. Safety. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions. B. Enclosure. All outdoor storage for commercial and industrial uses shall be enclosed by a sight- obscuring fence, wall or landscaped berm, concealing it from view from adjacent properties and, if possible, from any public right -of -way. The fence or wall shall not exceed eight (8) feet in height, and shall be built according to plans submitted to and approved by the Community Development Director, to ensure its design and materials do not detract from adjacent uses. C. Prevent Transfer By Natural Causes. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that they may be transferred off the property by natural causes or forces. LAND USE REGULATIONS 4 -5I EAGLE COUNTY, COLORADO .:i.neowomim.vi.eg�.w.uer�.co: Nw.,ro.. v, Fuca III IN IIIIIIII 11111111 IN IN 678174 12/01/1998 04:43P 370 Sara Fisher 200 of 403 R 0.00 D 0.00 N 0.00 Ea91e CO s' l ARTICLE 4: SITE DEVELOPMENT STANDARDS - 4.560 WATER OUALITY STANDARDS SECTION 4 -560. WATER QUALITY STANDARDS No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws of the State of Colorado and the Environmental Protection Agency before operation of the facility may begin. All required site tests, including but not limited to percolation tests, groundwater resource tests and drainage and discharge analysis, as may be required, shall be accomplished before operation of the facilities may begin. Iillll 11111 678174 1111111 11111 12/01/1998 III IN 04:43P 111111111111111111111111 IN 370 Sara Fisher 201 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULAMNS 4 -52 EAGLE COUNTY, r:IxyCAWaiol,IknuWBk�WiURT�.QJ: NOVemDrr3i, 19➢3 3 ARMTE 4: STFE DEVELOPMENT STANDARDS 4 -600 PURPOSE DIVISION 4 -6. IMPROVEMENTS STANDARDS SECTION 4 -600. PURPOSE This Division sets forth the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. SECTION 4 -610 APPLICABILITY A. General. Improvements and their appurtenances within unincorporated Eagle County shall be planned and designed in compliance with this Division. These standards shall apply to all development that occurs within unincorporated Eagle County. 1. Minimum Requirements. The designer should be aware that whenever unusual or complex circumstances are anticipated in conjunction with a proposed development, additional information or analysis beyond the minimums set forth herein may be required by the County Engineer. 2. Standards Are Not Inflexible. These design criteria and standards provide a certain level of performance, however, they are not inflexible. If an alternate design, procedure, or material can be shown to provide performance and /or environmental sensitivity which reflects community values equal to or better than that established by these standards, said alternative may be recommended for approval by the County Engineer. In evaluating the proposed alternate the County Engineer shall follow the procedures in Section 5- 260.G., Variance From Improvement Standards. The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that normally anticipated user and maintenance costs will not be increased. B. Plans Shall Be Prepared By Professional Engineer. All plans, reports and specifications for development or redevelopment of improvements addressed within this Division shall be prepared by, or under the direct supervision of, a Professional Engineer, licensed in the State of Colorado. Final public improvement plans, reports and specifications shall bear the seal and signature of the Professional Engineer responsible for their preparation. C. Public Improvements Guarantee. Applicable public improvements shall be guaranteed pursuant to Section 5 -240, Planned Unit Development (PUD) District, Section 5 -250, Special Uses, Section 5 -280, Subdivision, or Section 5 -290, Minor Subdivision. SECTION 4 -620 ROADWAY STANDARDS A. Intent. The intent of these standards is to promote and provide a system of county roads that blend with and fit the mountainous terrain and environment of Eagle County and, outside of the primary LAND USE REGULATIONS 4 -53 EAGLE COUNTY, COLORADO r:LyfOWmnlAmulmglrlNrW(TLCD; X—e .33. IM I"III 11III 678174 111'111 11'11 12/01/1998 I'I IN 04.43P 11111111 111 111111 11111 1111 370 Sara Fisher 202 of 405 R 0.00 D 0.00 N 0.00 Eagle CO J ARTICLE 4: SITE DEVELOLMENTSTAADARDS 4 620 ROADWAY STANDARDS arterial corridors in the County, to protect the country road ambience enjoyed and desired by residents and visitors alike, and to allow for maximum creativity of the designer in achieving these goals. These standards provide the designer the means of designing and constructing or reconstructing improvements and other infrastructure that offers maximum convenience to the user at minimum cost, both initially at the time of construction and in the future during maintenance, while also providing for basic safety and functional needs to ensure adequate access to all properties for fire, police and other vital services, on a system of roads that is experiencing increasing use. B. Consistency With Other Standards. These Roadway Standards are generally consistent with the recommendations of the American Association of State Highway and Transportation Officials (AASHTO) and those of the Institute of Transportation Engineers (ITE). These standards also reflect the guidelines and recommendations of the Colorado Department of Transportation (CDOT), Transportation Research Board (TRB), United States Forest Service (USFS), National Park Service (NPS), Bureau of Land Management (BLM), Manual on Uniform Traffic Control Devices (MUTCD), and others. If there is a difference in the standards set forth in this Division and those referenced in any manual referenced in this Division, then the standards set forth in this Division shall govern. 1. Conformance With Colorado Highway Commission Standards. C.R.S. § 43 -2 -114 states that the general standards for county primary roads shall be those adopted by the Transportation Commission for the state highway system for the corresponding class of county road in the state highway system. The Colorado Highway Commission adopted and approved said standards by Resolution No. 2297 -D on June 20, 1991. The 1991 Standard Specifications for Road and Bridge Construction identified in that Resolution incorporates the 1990 Roadway- Design Manual, published by CDOT, and also incorporates the geometric design standards of AASHTO. The County road improvement standards that are contained herein are intended to be in conformance with AASHTO. 2. Conformance With 1990 Road Design Manual. The County road improvement standards presented herein are intended to apply to roadways having or projected to have traffic volumes of three thousand (3,000) vehicles per day or less. a. Roads Having Greater Volumes. The design of any roadway having, or projected to have, a volume of traffic greater than three thousand (3,000) vehicles per day shall be in compliance with the 1990 Roadway Design Manual, Sections 100 through 1000, inclusive. The design for such roadways shall also consider such other pertinent factors as are identified by the County Engineer, including, but not necessarily limited to, greater setbacks for noise buffering; climbing lanes; paved shoulders for ease of maintenance, safety and for non - motorized use for bicycles and pedestrians; acceleration/deceleration turn lanes; greater access control to protect the roadway's carrying capacity; and curve widening based on truck traffic. b. Local Roads. Local roads are defined in the 1990 Roadway Design Manual as LAND USE REGULATIONS 4 -54 EAGLE COUN7Y, COLORADO a1xpE0WamlelimulmglolNrLWTLCO ; N611m 123, IM 111111111111111111111111111 878174 12/01/1998 IN 04:43P IIIIIIII III 111111 III 1111 370 Sara Fisher 203 of 403 R 0.00 D 0.00 N 0.00 Eagle CO r :- AR77CLE4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARD i roads primarily for access to a residence, business, or abutting property. Their design is addressed in Section 1100 of the Design Manual. The County improvement standards also accommodate lesser design criteria. The alternate standards for off system and low volume roads are in conformance with the minimum criteria presented in AASHTO's 1994 A Policy on GeomaUj Design of Highways and Streets. The alternate standards are envisioned to cover both construction and reconstruction of roads and to recognize the importance of sight distance as a safety requirement in the construction or reconstruction of roads. C. Functional Classifications Under ISTEA. The functional classifications contained herein are meant to compliment and supplement the Highway Functional Classifications used by the U.S. Department of Transportation. Under the Intermodal Surface and Transportation Efficiency Act (ISTEA), enacted in 1991, all higher category roads in the United States were classified. In Eagle County the classifications under ISTEA are as follows: 1. Principal Arterials, Interstate. I -70 is the only principal interstate arterial in unincorporated Eagle County. 2. Principal Arterials, Other Freeways or Expressways. There are no freeways or expressways in unincorporated Eagle County. 3. Other Principal Arterials. Highway 82 is the only other principal arterial in unincorporated Eagle County, 4. Minor Arterials. Highway 24 and Highway 131 are the only minor arterials in unincorporated Eagle County. 5. Major Collectors. The major collectors in unincorporated Eagle County are Highway 6, Brush Creek Road, Cottonwood, Pass Road including Gypsum Creek Road connecting to Highway 6 in Gypsum, Fryingpan Road and Trough Road. 6. Minor Collectors. The minor collectors in unincorporated Eagle County are Colorado River Road, Cooley Mesa Road, Deep Creek Road, El Jebel Road /Upper Cattle Creek Road, Gypsum Creek Road, Homestake Road, and Sweetwater Road. 7. Local Roads. All other roads in unincorporated Eagle County are classified as local roads. D. Functional Classifications By County. In addition to the road classifications under ISTEA, Eagle County classifies other roads in the county as Major and Minor Collector Roads, both Rural and Urban, due to their functional characteristics as defined by AASHTO. The user of these Improvement Standards may, therefore, find a dual classification for some Eagle County roads. For administrative and design purposes, roads shall be classified as shown in Appendix _, Classification of Roads in Eagle County. Roads within the jurisdiction of unincorporated Eagle County are classified as follows: a3 LAND USE REGULATTONS 4 -55 EAGLE COUNTY, COLORADO <: i .naovooi<u<„.<si<iv.uer -r.m: xo.<,w„ a. 3sva 1 1 11111 "III 1111111 11111 111 IN 11111111111 111111 111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 204 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4 • SITE DEVELOPMENT STANDARDS 4-620 ROADWAY STANDARDS 1. Rural Major Collectors. Rural major collectors serve as inter- county and intra -county routes in Resource zone districts that handle traffic volumes of up to three thousand (3,000) vehicles per day and more as they pass through urban and suburban areas. The lengths of such roads are generally significant in extent. Surfaces can be either gravel or pavement, as dictated by traffic volumes. Design and posted speeds range from thirty (30) to sixty (60) mph. On- street parking on such roads is prohibited and off - street parking must be specifically provided for. Access is regulated and intersection spacing is at least one -half (0.5) mile. Traffic noise from such roads on adjacent uses may be mitigated. 2. Rural Minor Collectors. Rural minor collectors serve as intra -county roads of moderate length connecting residential areas to commercial and industrial areas, and to major collectors in Resource zone districts that handle traffic volumes up to four hundred (400) vehicles per day. They may also traverse considerable distance. Design and posted speeds range from twenty (20) to forty (40) mph, depending upon terrain. Surfaces are treated gravel or pavement, depending on traffic volumes. Access to adjacent properties is limited and may require turn lanes, depending on traffic volumes. Intersection spacing ranges from six hundred (600) feet when design speeds are at or above thirty -five (35) mph, to three hundred (300) feet at design speeds below thirty -five (35) mph. On- street parking on such roads is prohibited and off - street parking must be specifically provided for. 3. Rural Access Roads. Rural access roads are country in nature, access ranch areas or public lands in Resource zone districts that handle a very low volume of traffic (less than fifty [50] vehicles per day) on gravel or dirt surface roads. Design and posted speeds range from fifteen (15) to twenty-five (25) mph, depending upon terrain. Though tangent sections are narrow, curves are widened generously to accommodate recreational vehicles, particularly if they are towing another vehicle, or to accommodate logging trucks. Turnouts are provided as terrain permits, however, the maximum spacing on turnouts should not exceed one-half (0.5) mile. 4. Rural Residential Roads. Rural residential roads generally serve development that has not been clustered in the Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), and Rural Residential (RR) zone districts. Rural residential roads include rural residential collector roads and internal rural residential roads. a. Rural Residential Collector Roads. Rural residential collector roads are generally moderate in length (less than four [4] miles) and handle traffic volumes of less than 3,000 vehicles per day. These roads serve as a transition between higher classification roads and the associated residential area. Direct lot access is generally discouraged, and requires specific approval by the County Engineer. Design and posted speeds are generally terrain dependent and relatively low, in the range of twenty -five (25) to thirty-five (35) mph. b. Internal Rural Residential Roads. Internal rural residential roads generally have lot frontages of greater than two hundred (200) feet and handle traffic volume of less than two hundred -fifty (250) vehicles per day. Paved roads with side ditches LAND USE REGULATIONS 4 -56 EAGLE COUNTY, COLORADO a.ysowmmr.uwqeu.uxra con,..,w.. a. roav IIIIII "III I'IIIII IIIII ('I III"II"'II III IIIIII I'I I'II 678174 12/01/1998 04:43P 370 Sara Fisher 205 of 405 R 0.00 D 0.00 N 0.00 Eagle CO JR77CLE4, SITE DEVELOPMENT STANDARDS 4 -620 ROADWAYSTANDARDS and culverts generally serve well for these roads. Paths or sidewalks are not generally provided and on street parking is prohibited. Design speeds range from twenty (20) to thirty (30) mph. 5. Suburban Residential Roads. Suburban residential roads serve development that has not been clustered in the Residential Suburban Low Density (RSL) and Residential Suburban Medium Density (RSM) zone districts. Suburban residential roads include suburban residential collector roads and internal suburban residential roads. a. Suburban Residential Collectors. Suburban residential collectors are generally short in length (less than one [1] mile) and handle traffic volumes of less than three thousand (3,000) vehicles per day. Design speeds vary from twenty (20) to thirty (30) mph, dependent upon terrain, and direct residential lot access is prohibited. Extensive berming and planting are generally necessary along these roads to provide a buffer between traffic and residents. Suburban residential collectors shall have detached paths and transit facilities may be required as part of the street system. Attached paths are permitted where terrain mandates such designs. On street parking shall be prohibited. b. Internal Suburban Residential Roads. Internal suburban residential roads are shorts roads, with lengths of less than one -half (0.5) mile road whose segments are encouraged to be discontinuous so the internal roads do not function as collectors. They have design and posted speeds between twenty (20) and thirty (30) mph. Lot frontages are generally between seventy-five (75) feet and one hundred - twenty-five (125) feet. Paved roads with curb and gutter and sidewalks or an extensive paved path system are required. Intersection spacing may range down to three hundred (300) feet. 6. Urban Residential Roads. Urban residential roads are generally associated with Residential Multiple Family (RMF) and Planned Unit Development (PUD) zone districts having an urban density. a. Urban Residential Collectors. Urban residential collectors are generally very short in length (less than one half [0.5] mile) and handle traffic volumes of less than three thousand (3,000) vehicles per day. They serve to feed traffic into the heart of the associated residential area and serve as a section of road for turn lanes and vehicle stacking when exiting the area.' Direct access onto such roads is prohibited. Design and posted speeds vary from twenty (20) to thirty (30) mph. Berming and planting with detached sidewalks and curb and gutter shall be required. b. Internal Urban Residential Roads. Internal urban residential roads are very short in length (less than one half [0.5] mile) and handle traffic volumes of less than seven hundred -fifty (750) vehicles per day. The segments of these roads are encouraged to be discontinuous so they do not function as collectors. These roads LAND USE REGULAT70NS 4 -57 EAGLE COUNTY, COLORADO a1xyLOWaluldimrslruPlANrL1RT {CO; Hcw bo 1J, 1918 I'IIIII'IIII'II'III VIII III IN IIIII"I III'IIII' III IIII 678174 12/01/1998 04:43P 370 Sara Fisher 206 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE4- SITE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARDS are paved with curb and gutter and detached sidewalks are required (paths are not an acceptable substitute). Off - street parking shall be provided and on- street parking shall be prohibited. Transit facilities are required as part of the street system. Commercial Roads. Commercial roads serve Commercial Limited (CL) and Commercial General (CG) zoning. Curb and gutter and attached or detached sidewalks are required. Design speed would be twenty-five (25) mph. Off - street parking is typically required, however, on- street parking may instead be appropriate where there are lower traffic volumes. Transit facilities are required as part of the street system, as are street lighting and design features that accommodate pedestrians. The design of commercial roads shall consider intersection sight distance, separation of driveways from intersections, the need for intersection turn lanes, the special needs of single and multi -unit delivery trucks and general traffic movement efficiencies. 8. Industrial Roads. Industrial roads serve Industrial (I) zoning. Curb and gutter and attached or detached sidewalks are required, as is off - street parking. Design speed is twenty-five (25) mph. The design of industrial roads shall also consider the special needs of single and multi -unit truck operations and provide intersection and driveway sight distances that are large to allow for the greater time it takes these trucks to enter a roadway. 9. Cul -De -Sacs And Turnarounds. Cul -de -sacs and turnarounds serve dead end residential roads or streets that do not exceed one - thousand (1,000) feet in length. a. Maximum Number of Dwelling Units Served. Cul -de -sacs or turnarounds should not serve more than twenty (20) residential units. Due to mountainous terrain, it may be necessary to have dead end roads which exceed 1,000 feet in length or service more than twenty (20) residential units. In such instances, adequate turnarounds should be provided. b. Year -Round Access Required. Cul -de -sacs and turnarounds will only be considered in those cases where year -round access can be assured by virtue of minimum grades and flatter curvature. C. Preferred Design. Circular offset cul -de -sacs are preferred, as illustrated in Figure V -1 of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, 1994, published by AASHTO. Cul -de -sacs may also terminate in a "T" or "L" as illustrated in the above - referenced Figure V -1. d. Minimum Standards for Radii. Cul -de -sacs serving less than ten (10) residential units shall have a minimum thirty (30) foot radius bulb at the end. Cul -de -sacs serving ten (10) or more residential units shall have a minimum forty (40) foot radius bulb at the end. These minimum bulb radii presume the cul -de -sac is bordered by mountable curb or a four foot aggregate base course shoulder. In the LAND USE REGULATIONS 4 -58 EAGLE COUNTY, COLORADO :mywz,eaim.u: "ainuuxr+.ro: nowro..u. ivzx 1111111111111111111111111111 878174 12/01/1998 IN 04.43P 11111111 III 111111 III 1111 370 Sara Fisher 207 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTTCLE 4: SITE DEVELOPMENT STANDARDS 4-620 ROADWAY STANDARDS u> event that the cul -de -sac is bordered by a barrier curb, then five (5) feet shall be added to the previously stated minimum radii. e. Temporary Cul -De -Sacs. Temporary cul -de -sacs or turnarounds may serve any classification of road, as determined by the County Engineer, to accommodate continuation of the road to adjoining properties when they are developed. These temporary cul -de -sacs or turnarounds must accommodate WB -12 design vehicles, and must be clearly identified as dead end streets through proper signage, in accordance with the MUTCD. f. Non - Motorized Links. When cul -de -sacs are incorporated in a residential development, applicants are encouraged to provide non - motorized links between cul -de -sacs, which shall be credited towards any applicable requirements for open space or trails for the development. E. Traffic Impact Study. Proposed developments that are expected to generate more than four hundred (400) vehicle trips per day shall conduct a traffic impact analysis to determine the need for additional improvements on roadways affected by the proposed development. 1. Trip Generation Rates. The basis for projected volumes of traffic shall be the trip generation rates for various land use categories found in the latest edition of TRIP GENERATION, published by ITE. 2. Background Traffic Data Not Available. If site specific information on background traffic for the study area is not available, considering existing zoning, then the Twenty (20) Year Factor for the closest segment of State Highway published by CDOT, Division of Transportation Development, Information Management Branch, shall be used to predict background traffic to be factored into the traffic analysis. In certain instances it may be necessary to use a combination of existing zoning and CDOT's Twenty (20) Year Factor. 3. Preparation of Analysis. The traffic analysis shall be prepared using industry accepted standards and practices. It shall be prepared by a Professional Engineer competent in the field of transportation engineering, and shall include such information as current and projected background traffic volumes, projected development traffic volumes, calculated capacity and level of service of existing and proposed roadways and intersections affected by the development, including warrants for turn lanes, channelization and signalization. F. Design Traffic Volume and Design Period. Key factors in the classification and design of any roadway are the amount (and type) of traffic that the roadway is expected to carry and the time period for forecasting traffic volumes on the roadway. 1. Design Traffic Volume. Design traffic volume shall be measured as annual average daily traffic (AADT), except for traffic volumes in excess of four hundred (400) AADT, which shall use the peak hour design hourly volume (DHV) as the basis for the design period. LAND USE REGULATIONS 4 -59 EAGLE COU=,, COLORADO s, � ,nmmmn.sr.w.urtr- r.mar..,,n., a3. rw.e I I"III "III "I'I1I "'II III IN III'I"I III IIIII 1111111 678174 12/01/1998 04:43P 370 Sara Fisher 208 of 405 R 0.00 D 0,00 N 0.00 Eagle CO AR7ICLE4 SITE DEVELOPMENT STANDARD 4 -620. ROADWAY STANDARDS 2. Design Period. The design period for the design of new and upgraded roadways shall be twenty (20) years from the forecasted date of completion of the project. G. Level Of Service. Roadways in unincorporated Eagle County shall function at Level of Service "C" or better. Intersections, both signalized and un- signalized, in unincorporated Eagle County shall function at Level of Service "D" or better. For purposes of this evaluation, these Levels of Service shall be as defined in the latest edition of the HIGHWAY CAPACITY MANUAL, published by the Transportation Research Board. The methodology for computing the Level of Service shall be as specified in the latest edition of the HIGHWAY CAPACITY MANUAL. H. Right -Of -Way Width. Minimum right -of -way widths for all classifications of roadways in Eagle County are shown in Table 4 -620 J., Summary Of Environmental Geometric And Design Standards. Sufficient right -of -way shall be provided to contain: travel lanes or driving surfaces; curb and gutter, when required; shoulders, drainage side ditches and other structures, when curb and gutter is not required; provisions for snow storage, particularly at higher elevations; utilities; facilities for bicycles and pedestrians, when required; cut and fill slopes and /or retaining walls; and, as applicable, future improvements of the roadway.. 1. Additional Right -of -Way for Rolling and Mountainous Terrain. The right -of -way widths set forth in Table 4 -620 J., Summary Of Environmental, Geometric And Design Standards, are the minimum necessary to accommodate roadway construction on level terrain. Additional right -of -way shall be provided to accommodate cuts and fills in rolling and mountainous terrain, considering that the roadway and associated slopes are a structure and should be structurally independent of development on adjacent property. The additional right -of -way for cuts and. fills and their buffers may be in the form of a dedicated roadway maintenance easement. 2. Setbacks. Setbacks for structures, as established in these Land Use Regulations, shall be measured from the outside edge of the roadway maintenance easement. I. Sight Distance. 1. Compliance With AASHTO Manual. In the design and construction or reconstruction of roadways in unincorporated Eagle County, sight distance shall be provided that complies with the latest edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, published by AASHTO. Roadways that operate at functional classifications higher than residential or other low speed urban streets shall also provide sufficient sight distance to allow drivers to occupy the opposing traffic lane while passing slower vehicles without hazard to themselves or others. 2. Design Considerations. The greatest impact of providing sufficient sight distance will likely be on the vertical alignment of the roadway. However, horizontal alignment may also be affected by requiring flatter curves, in order to avoid sight obstructions due to terrain, vegetation, or man made features. Roadway design shall take into account the following design considerations: LAND USE REGULAHONS 4 -60 EAGLE COUNTY. COLORADO caysowmmnrmnmgrciuuer�.co; nro.cmavv, r »a 1111111 11111 678174 111'111 11'11 12/01/1998 111 IN 04:43P 11111111 111111111111 1111 370 Sara Fisher 209 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4, SITE DEVELOPMENT STANDARDS 4 -620. ROADWAY STANDARDS a. Sight Distance Restrictions. Where an object off the roadway and within the right -of -way such as a guardrail, cut slope, or natural growth restricts sight distance, the minimum radius of horizontal curvature shall be determined by the stopping sight distance. b. No Sight Distance Restrictions. Where there is no sight distance restriction within the right -of -way, the right -of -way line shall be considered to be the restriction. The necessary stopping sight distance on such horizontal curves may be determined with the aid of Figure 4 -620 #1, Stopping Sight Distance On Horizontal Curves. When the design speed and clear distance (M) are known, this figure also provides the minimum centerline radius that satisfies these conditions. C. Sight Distance Restrictions At End of Downgrades. Where sight distance restrictions occur at the end of downgrades, an increase shall be made in the stopping sight distance in accordance with the values listed in the latest edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, Table III -2, published by AASHTO. d. Sight Distance For Passing. Sight distance adequate for passing should be encountered frequently, at regular intervals. On roadways with high volumes, frequent and long passing sections are essential. On roadways with intermediate to low volumes, the need is not as great, but passing sections are still an important element for efficiency and safety. Passing sight distance for upgrades shall be greater than the derived minimum. e. Meeting Sight Distance. Meeting sight distance is the sum of the opposing stopping sight distances, or two (2) times the values listed for the various design speeds. Meeting sight distance is encouraged on narrow, low volume roads. J. Geometric Standards. All roads within unincorporated Eagle County, whether publicly or privately maintained, shall conform to the design standards and requirements shown in Table 4- 620.7., Summary Of Environmental, Geometric And Design Standards. 1 111111 878174 "III "VIII IIIII 12/01/1998 I'I IIII 04:43P IIIIIIII Iii 1111111 111 I"1 370 Sara Fisher 210 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 4 -61 EAGLE COUNTY, COLORADO ,.:r' cmpcouoraia� .ui.x�nm.uxr -r.co: xo".' v. Im ARYYCLE4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAYSTANDARDS Table 4 -620 J., Summary of Environmental, Geometric and Design Standards 11111111111111111111111111111 678174 12/01/1998 04:43P 211 of 408 R 0.00 D 0.00 1 11111'11 III 111111111 IN 370 Sara Fisher N 0.00 Eagle CO LAND USE REGULATIONS 4 -62 EAGLE COUNTY, COLORADO n.yemauoim.m.i.o,�nv.uxr�.ca; xo. =�'U 1w. 111111111111111111111111 I 'L' `1111111111111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 212 of 408 R 0.00 D 0.00 N 0.00 Eagle CO TABLE 4 -620 J. - SUMMARY OF ENVIRONMENTAL, GECMETRIC AND DESIGN STANDARDS 1111111 11111 878174 FUNCTIONAL (CLASSIFICATIONS ENVIRONMENTAL, GEOMETRIC RURAL ROADS 213 of RURAL RESIDENTIAL ROADS SUBURBAN RESDENTIAL ROA05 URBAN RESIDENTIAL ROADS COMMERCIAL ROADS INWS1RIAl ROADS RURAL MAJOR COLLECTOR RURAL MINOR CWLLCigt RURAL ACCESS OR DESIGN FEATURE I 9 III IV V VI NI Nil COLLECTOIt RESDENTIAL CWLECTOR RESDENTIAL COLLECTOR RESIDENTIAL ASSOCIATED AVERAGE DAILY 1RAMC i]50 TO J000 650 i0 1349 4W TO 649 250 TO J99 100 i0 < 250 50 i0 < 100 25 TO < 50 < 25 < 3000 < 250 < }000 < )50 < 3000 < 750 < 3000 < JOW LANE SURFACE THE PAVEMENT GRAVEL N1TH OUST PALLIATIVE GRAVEL OR NATIVE PAVEMENT MINIMUM STRUCTURAL SECTION 4' HBP ON 1S ABG 3' HOP ON 12' ABC 6* ABC N/A 4' H9P ON 12' ABC 3' HBP ON T ABC 4 H6P W 12 ABC 3- HOP ON 8' ABC 4 HOP ON IT ABC 3' HBP ON B' ABC P HOP ON 12' ABC SHOULDER TYPE NATIVE GRAVEL CURB AND CUTTER GRAVEL TERRAIN CLASSIFICATION L R M L R M L R M L R M L R M L L R M L R M L R M L R M L R It L R M L R M L R M RIGHT-Of'-WAY WDTH - MINIMUM 120 70' 70' 60• 50' - 60• 'S 50' 60• 50' ]0• ]0' LANE WOM 12 12 11 11 11 11 1T ii 11 11 11 11 10 10 10 9 450'4W 6-,0' t1 11 It 10 10 10 15 i5 10 10 10 15 IS 15 10 10 10 1] 1] i] i] 1] 1) SHOULDER MIDM 6 5 4 5 4 3 5 4 3 4 4 3 4 J 3 3 4 } 2 2 2 2 R BARRIER CkG 24 MOUNTABLE CkG 24 BARRIER LkC 24 MOUNTABLE CkG 24' BARRIER CkC 2/' BARRIER CkC N YApENiNG INSIDE LANE PAVEMENT N CURVES YES CASE III -B YES TEE CASE III -B YES CASE III -A YES ' - -CASE YES CASE III -C CASE III -C III -B CENTERLINE OF ROAD TO CENTERLINE OF DITCH 25• 23' 20' 22. 20• TB• 22' 20. 18. 20• 18• I6• T9' D' 15 16'114'1 14 1 12 12 12 10 10 10 20' 18• 1 16' 16• 1 15 1 TV N.A. DESIGN SPEED (M.P.H.) 60 50 40 50 40 30 40 35 30 40 30 20 40 30 20 30 30 20 30 25 20 25 20 20 35 30 25 30 25 ZO ]0 25 20 30 25 20 30 25 20 20 20 20 25 25 25 25 25 25 MAXIMUM SUPERELEVATIW RAZE - a MAX (%) 0.06 0.05 RCRQKN NORMAL CRONN, EXCEPT SUBSTANDARD RADIUS CURVES APPROVED BY ME COUNTY ENGINEER MAXIMUM GRADE (X) 82 B% ( DESIRABLE ) TO 10% B% TO 122. BS - 62 TO B% 6% MINIMUM VERTICAL CURVE K FACTORS FOR ABOVE DESIGN SPEED 110 90 1 70 1 90 70 1 50 90 1 70 1 50 70 50 1 40 70 50 1 40 50 1 40 1 30 W 1 30 1 20 1 30 20 20 50 1 40 1 30 20 1 20 1 20 40 30 20 1 20 1 20 1 20 1 40 1 JO 1 20 20 1 20 1 20 20 30 30 30 30 3C SAG VERTICAL CURVE CREST VERTICAL CURVE 16D 120 1 80 120 BO I SO 120 80 1 5D 80 50 30 80 50 1 30 1 50 130120 JO 20 10 1 20 10 10 50 30 1 20 110 1 10 1 10 50 20 10 10 10 10 30 2D 10 10 10 10 20 20 20 20 1 20 1 20 MINIMUM CENTERLINE RADIUS FOR ABOVE DES3N SPEED AND . MAX OR FOR NATURE OF ROAD 849 659 509 659 509 3BO 659 509 380 509 360 2]3 509 J80 TR 380 2)3 185 2]J 185 116 185 116 100 380 273 IBS 100 100 Ip0 .�00 200 100 100 100 100 300 200 100 100 100 1DO 300 250 200 300 250 20J MINIMUM WTCHBACK RADIUS 80 60• 80' 80' NAXMUM GRADE MRWGH SMITCHBACK (i) 6% 4S STANDARD LLNGM FOR STATED DESIGN SPEED AND MINIMUM CENTERUNE RADUS 15011381125113811251115113011251115112511151110112511151110 115 110 100 110 100 90 100 90 90 115 110 100 50 50 50 N.A. MINIMUM LENGTH FOR STATED DESIGN SPEED AND MINIMUM CENTERUNE RADIUS 1]2 123 114 123 114 108 12J 114 108 T14 108 99 111 10O 99 108 99 1 93 1 99 1 93 1 88 93 88 I 88 108 1 99 1 93 1 30 JO 30 N.A. SIMPLE CURVES ACCEPTABLE NO YES STANDARD TANGENT SEPARATION N.A. 150 140 130 130 130 130 150 140 130 130 130 130 140 140 140 140 140 140 MINIMUM TANGENT SEPARATION N.A. 100 95 85 85 1 B5 85 100 95 85 85 BS 85 95 95 95 95 95 95 STRUCTURE CLEAR W DM FROM CENTERLINE 16 17 IS ifi 15 14 I6 t5 10 15 14 13 14 131121 12 11 10 B 8 6 ] ] ) 15 14 13 12 12 12 �- 16.5• 11.5• CENIERLNE OF ROAD TO FACE OF GUARDRAIL 20 19 I) IB 1> 16 18 A 16 i> 16 15 i6 15 14 14 13 12 t0 10 10 9 9 9 1) 16 15 14 1J 14 r 16.5' 11.5' 16.5' 11.5• 18.5' 18.5' - OBSMUCTION FREE AREA FROM CENTERLINE 29 27 24 26 24 22 26 24 22 24 22 20 23 21 19 20 18 i) 15 15 t5 13 ll 13 24 22 20 20 19 19 20' t5' 20' TS' 22' 22•- WM DEPTH BELOW FINISHED SHOULDER 2 IS' (BASED ON 12' DIAMETER CULVERTS AT DRTVEVAYS) N.A. FOREAOPE (RUN OVER RISE) 3.5 ] 3.5 3 2.5 2 ] 2.5 2 2.5 2 L512.51 2 1.5 2 L5 LS 1.5 1.5 1.5 1 1 1 2.5 2 LS 2 1.5 1.5 N.A. REWIRED SGHT DISTANCE FROM INTERSECTING STREET AND DRIVEWAYS " BASED ON SINGLE UNIT MUCK 50• BS• 20' 585 520 455 585' 201455'[520 55' 390' 520' 455 90' BASED ON PASSENGER 350 300 250. 00'1250 OO' 50 2DW 150' CAR 350' 300' 250 200' 300 250' 200 BASED ON 200• PASSENGER CAR 250' 300. 200' 2W' BASED ON MULTI -UNIT MUCK - 425• 425' INTERSECTION RADII FOR SID CONNECTION TO SIMILAR OR HIGHER TYPE ROAD ]0• - 30' 20' 30' JO• SO + OFFSET _ AND TAPERS CONFORMING TO AA5HT0 50' 30' 50' FAME NONE UNLESS CALLED FOR BY EAGLE COUNTY TRAILS PLAN N.A.- VEHCLES. BIKERS AND PEDESTRIANS SHARE ROAD NONE UNLESS RE0�0 BY MAILS PLAN - DETACHED SIDEWALKS OR EXTENSIVE PATHS DETACHED SIDEWALKS ATTACHED OR DETACHED SIDEWALKS BIKE LANES NONE UNLESS CALLED FOR BY EAGLE COUNTY MAILS PLAN N.A: VEHICLES. BIKERS AND PEDESTRIANS SHARE ROAD NONE UNLESS REO'O BY MAILS PLAN ATTACHED 4' BIKERS SHARE BIKE LANE MOTOLRANE HICLf ATTACHED 4' BIKE LANE BIKERS SHARE MOT LANE HICLE ATTACHED 4• BIKE LANE SHOULDER MOTH BEYOND ATTACHED BIKEWAY 2' N.A. N.A. OR 2' N.A. ON STREET PARKING N0 MAYBE MAYBE NO MANST PULL BUT STOPS N.A. AS APPROPRIATE MINIMUM DRIVEWAY CULVERT SZE N 12' DIAMETER ILA' MINIMUM CROSS CULVERT SZE °' 18" DIAMETER - FIRE HYDRANT LOCATIONS N.A. UPSLOPE ON BACK SLOPE OF DITCH 4' BEHIND --1 4• BEHIND BACK OF CURB TO CENTER OF HYDRANT DITCH CENTERLINE POWER SERVICE BOX, TELEPHONE SERVICE BOX. CABLE TV SERVICE BOX. GAS SERVICE BOX. AND WATER SERVICE BOX OR SHUT OFF LOCATIONS PROPERTY LINE - DITCH AND AOPE EROSION PROTECTION PER CDOT ROADWAY DESIGN MANUAL, 1990. SECTION 804.3, OPEN CHANNELS AND SECTION 805, EROSION CONTROL " ROPE RECLAMATION TECHNIQUES IN ADDITION TO TOPSOIL, SEED. FERTILIZER AND MULCH STAPLED NETTING OR JUTE NETTING OVER STRAW MULCH, Olt EQUAL, ON SLOPES STEEPER MAN 2:1 ' USE REINFORCED EAR TH ANO RETAINING SMULTURES TO REDUCE CUTE ARD FILLS VERY DESIREABLE. POSSIBLY REOUIRED OPTIONAL 1111111 11111 878174 1111111 11111 12/01/1998 111 1111 04:43P 11111111 111111111111 1111 370 Sara Fisher 213 of 408 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY ROA1; DESIGN STANDARDS Sh..t 1 PI ,s r Y County Commissioner's Certificate (for Type B Minor Subdiyision) j Based upon the review and recommendation of the Eagle County Director of Community Development, the Board of County Commissioners of Eagle County, Colorado hereby approved this final plat this_ day of , A.D., 19_, for filing with the Clerk and Recorder of Eagle County and for conveyance to the county of the public dedications shown hereon; subject to the provisions that approval in no way obligates Eagle County for maintenance of roads dedicated to the public until construction of improvements thereon shall have been completed in accordance with Eagle County specifications and the Board of County Commissioners of Eagle County has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the size, soil conditions, subsurface geology, ground water conditions or flooding conditions of any lot shown hereon are such that a building permit, sewage disposal permit or any other required permit will be issued. This approval is with the understanding that all expenses involving required improvements for all utility services, paving, grading, landscaping, curbs, gutters, sidewalks, road lighting, road signs, flood protection devices, drainage structures and all other improvements that may be required shall be the responsibility of the subdivider and not the County of Eagle. Chairman, Board of County Commissioners Eagle County, Colorado Witness my hand and seal of the County of Eagle ATTEST: Clerk to the Board of County Commissioners I I"III "III "I'III I"II I'I I'I' III'�"I IIII I'II"II I"I 878174 12/01/1998 04 :43P 370 Sara Fisher 371 of 405 R 0.00 D 0.00 N 0.00 Eagle CO Community Development Certificate Pursuant to the Eagle County Land Use Regulations, the Director of Eagle County Community Development hereby approves this final plat the day of A.D., 19 Director, Community Development County of Eagle, Colorado STATE OF COLORADO) ) SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _day of , A.D., 19_, by My Commission Witness my hand and official seal. LAND USE REGULATIONS FWORV. RIFINALIEAGGPPN: Naw�era. iota Notary Public EAGLE COUTITY, COLORADO APPENDIX A�}' Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder at_ o'clock _, on this _ day of 19_ and is duly recorded in Book , Page No. Clerk and Recorder Deputy Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this plat are paid in full. Dated this _ day of , A.D., 19 Treasurer of Eagle County 111111111111111111111111111 678174 12/01/1998 IN 04:43P 11111111111111111111111111 IN 370 Sara Fisher 372 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULA7YONS 8 EAGLE COUNTY, COLORADO £:N0=URIRXL1 C1 AV; Now r33. IM Surveyor's Certificate (for Condominium Plat) I, , do hereby certify that I am a Registered Land Surveyor licensed under the laws of the State of Colorado; that this condominium map fully and accurately depicts the improvements, including the condominium units and the common ownership areas, and identifies location, layout, dimension, and horizontal and vertical boundaries; that such map was prepared subsequent to substantial completion of the improvements; and that such map complies with, and contains all the information required by, C.R.S. §38- 33.3 -209 and all other statutes and regulations applicable to maps of condominium common interest subdivision. In Witness whereof, I have set my hand and seal this day of 19 Registered land Surveyor A.D., Illill11111111111111111III 678174 12/01/1998 IN 04:43P 11111111111111 111111111111 IN 370 Sara Fisher 369 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5 EAGLE COUNTY, COLORADO FbOCKt/F4]�PPN: Nnvrmbrrli. 1998 APPENDIX A AF ry 1 County Commissioner's Certificate This Plat approved by the Board of County Commissioners of Eagle County, Colorado this_ day of A.D., 19_, for filing with the Clerk and Recorder of Eagle County and for conveyance to the County of the public dedications shown hereon; subject to the provisions that approval in no way obligates Eagle County for maintenance of roads dedicated to the public until,construction of improvements thereon shall have been completed in accordance with Eagle County specifications and the Board of County Commissioners of Eagle County has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the size, soil conditions, subsurface geology, ground water conditions or flooding conditions of any lot shown hereon are such that a building permit, sewage disposal permit or any other required permit will be issued. This approval is with the understanding that all expenses involving required improvements for all utility services, paving, grading, landscaping, curbs, gutters, sidewalks, road lighting, road signs, flood protection devices, drainage structures and all other improvements that may be required shall be the responsibility of the subdivider and not the County of Eagle. Chairman, Board of County Commissioners Eagle County, Colorado Witness my hand and seal of the County of Eagle Clerk to the Board of County Commissioners 111111111111111111111111111111111111 678174 12/01/1998 IN 04.43P IIIIIIII 1111 11111 III IN 370 Sara Fisher 370 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 6 EAGLE Cuti= COLORADO F.'00=UFIFINALI£AL2PPN.' N,m er M. IWA 3 1 Certification of Dedication and Ownership J ' Know all men by these presents that being sole owner(s) in fee simple, mortgagee or lienholder of all that real property situated in Eagle, County, Colorado described as follows: 3 containing acres more or less; have by these presents laid out, platted and subdivided the same into lots and blocks as shown on this final plat under the name and style of , a subdivision in the County of Eagle; and does hereby accept the responsibility for the completion of required improvements; and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby dedicate those portions of said real property which are created as easements on the accompanying plat to the public forever as easements for the purposes shown herein, unless otherwise expressly provided thereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. EXECUTED this day of , A.D.,19_ Owner Owner Owner Mortgagee or Lienholder Mortgagee or Lienholder STATE OF COLORADO) SS COUNTY OF EAGLE ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this _day of A.D. 19 , by My Commission expires Witness my hand and official seal. Notary Public (SEAL) ("III 11111111111111111 678174 12/01/1998 111 1111 04:43P 111'11'1 II11 11111 III 1111 370 Sara Fisher 367 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 3 EAGLE COUNTY, COLORADO F :DOCJ MR.IIAA L PPN, A- ,3i. IM APPENDIXA J Title Certificate does hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in free and clear of all liens, taxes and encumbrances, except as follows: Dated this_day of A.D., 19 AGENT Surveyor's Certificate I, do hereby certify that I am a Registered Land Surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete Plat of as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In Witness whereof, I have set my hand and seal this day of LAND USE REGULATIONS A.D., 19_. Registered Land Suf veyor 111111111111 111111111111 III 111111111111111111111 III 678174 12/01/1998 04:43P 370 Sara Fisher 368 of 408 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY, COLORADO APPENDIX A FINAL PLAT RECORDATION SPECIFICATIONS AND CERTIFICATE FORMATS This Appendix includes: PAGE Final Plat Recordation Specifications ....... ............................... 2 Certification of Dedication and Ownership ... ............................... 3 Title Certificate ....................... ............................... 4 Surveyor's Certificate .................. ............................... 4 Surveyor's Certificate (for Condominium Plat) .............................. 5 Approval Block for Board of County Commissioners .......................... 6 Approval Block for Board of County Commissioners (for Type B Minor Subdivision) ........ ............................... 7 Community Development Certificate ....... ............................... 7 Cleric and Recorder's Certificate .......... ............................... 8 Treasurer's Certificate of Taxes Paid ....... ............................... 8 IIIIIII" 678174 III" VIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIII 12/01/1998 04:43P IIII 370 Sara Fisher 368 of 408 R 0.00 D 0.00 N 0.00 Eagle CO "i LAND USE REGULATIONS ] EAGLE COUNTY, COLORADO F.bOCSY.OFWNALFALG ➢➢K: NmmJin l3, 193a APPENDIXA 3 FINAL PLAT RECORDATION SPECIFICATIONS 1) All plats for recording must be submitted on reproducible mylar and must meet the following criteria: a) Either ink on mylar or photographically reproduced mylar is required (no colors or sepias) and shall have the capability of legible reproduction on both microfilm and blueprint equipment. b) The mylar must be a minimum of three one - thousands (.003) of an inch in thickness, black line, and measure 24 by 36 inches in size. C) Lettering shall have a minimum height of 80 cl and must be legible. d) Signatures shall be affixed with black acetone -based ink (not blue), after the mylar has been prepared. 1 111111 "III "1'111 11'11 111 IN 111'11'1 II') 11111 III 1111 678174 12/01/1998 04:43P 370 Sara Fisher 366 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 2 EAGLE COUNTY, COLORADO F.DOMVRVI�PA: NurrM,rr U, 101 ARTICLE 7: ENFORCEMENT 7 -120 ABATEMENT OF VIOLATTONS (4) Decision by Board of County Commissioners. At the hearing, the Board of County Commissioners shall provide the landowner or the landowner's representative and the County Attorney an opportunity to make statements about the record established in the hearing held by the Hearing Officer and the recommended Order to Abate. The Board of County Commissioners shall then review the record and recommended Order to Abate. The recommended Order to Abate, or a modified version thereof, shall be approved if there is competent substantial evidence in the record that a violation of these Land Use Regulations does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove or repair an illegal structure. (5) Notice of Decision. The County shall provide a copy of the decision of the Board of County Commissioners to the landowner by mail, return receipt requested. 3. Record. Hearings shall be recorded pursuant to Section 5- 120.f.5.f., Record. C. Effect of Order to Abate. If an Order to Abate is issued it shall mean that the land or structure is in violation of these Land Use Regulations, and the illegal activity shall be discontinued and rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the Order to Abate. D. Abatement by County. If the violation is not abated pursuant to the Order to Abate within the prescribed abatement period, the County Attorney shall cause the violation to be abated by County employees or by private contract, or by any other means provided by Colorado law. The County Attorney is authorized to enter upon land for such purposes. The costs, including incidental expenses of abating the violation, shall be the responsibility of the landowner. The term "incidental expenses" shall include, but shall not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the violation; the actual expenses and costs of the County in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. If the landowner fails to pay, the costs shall become a lien against the land. E. Cumulative Remedy. The County's right to abate a violation of these Land Use Regulations, as provided in this Section, shall be cumulative to any other remedy provided by law. 1 111111 11111111111111111111 678174 12/01/1998 IN 04:43P 111111111111 VIII 1111111 370 Sara Fisher 363 of 408 R 0.00 D 0.00 N 0.00 Eagle CO ' LAND USE REGULATIONS 7 -7 r FIDOCSI URTFINA MGL Mft ,mb,, 23, 1998 EAGLE COUNTY, COLORADO 'r ARTICLE 7: ENFORCEMENT 7 -130. NOTIFICATION TO CORRECT VIOLATTON SECTION 7 -130. NOTIFICATION TO CORRECT VIOLATION A. General. If the Code Enforcement Officer has personal knowledge of any violation of these Land Use Regulations, the Code Enforcement Officer shall give written notice to the alleged violator by certified mail, return receipt requested. The notification shall state the provisions of these Land Use Regulations being violated, and state that the violator shall correct the violation within thirty (30) calendar days of receipt of the notification. B. Failure to Comply. If the violator fails to correct the violation within thirty (30) calendars days, the Code Enforcement Officer may, through the County Attorney, request the Sheriff to issue a summons and complaint against the violator pursuant to Colorado law stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. It shall be the responsibility of the County Attorney to enforce this provision. SECTION 7 -140. OTHER REMEDIES A. Civil Remedies. If any person violates these Land Use Regulations, the Board of County Commissioners through the County Attorney, or the owner of land within the unincorporated area, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful development. B. Criminal Remedies. Any person violating any provisions of these Land Use Regulations shall be subject to all criminal penalties authorized by the State of Colorado for such violation, including upon conviction, a fine and imprisonment, or both, and payment of all costs and expenses involved in prosecuting the offense. 111111111111 678174 "1'111 HE 12/01/1998 III IN 04:43P 11111111 1111 11111 III IN 370 Sara Fisher 364 of 405 R 0.00 D 0.00 N 0.00 Eagle CC LAND USE REGULATIONS 7 -8 EAGLE COUNTY, COLORADO F.-OOCSILURIFINALIEfGLART Nmem5n, 23, 1998 } x 3 ARTICLE 7: ENFORCEMENT 7 -120 ABATEMENT OF VIOLATTON NOTICE OF HEARING ON ABATEMENT OF VIOLATION OF LAND DEVELOPMENT REGULATIONS This is a notice of hearing before a Hearing Officer of Eagle County, Colorado, to ascertain whether certain land or structures situated in unincorporated Eagle County, Colorado, known and designated as (street address) , in said County, and more particularly described as (legal description) with Tax Parcel No constitutes a violation of the County's Land Development Regulations and is subject to abatement pursuant to Section 7 -120 thereof , and Section 30 -28 -124, Colorado Statutes. If the violation is not promptly abated by the landowner, such violation may be abated by County authorities, in which case the cost of any eviction or relocation of an illegal use, rehabilitation, repair, or demolition of an illegal structure will be assessed upon such land, and such costs, together with interest thereon, will constitute a lien upon such land until paid. In addition, the landowner may be cited for violation of the provisions of these Land Development Regulations and subject to a fine. Said alleged violation is of Section _ of these Land Development Regulations, and consists of the following: The method(s) of abatement are: All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration. Dated this _ day of 19_. Time and Date of Hearing: 11111111111 678174 "I'll1111111111111111111111111 12/01/1998 04:43P IN 1111 IN 370 Sara Fisher 361 of 406 R 0.00 D 0.00 N 0.00 Eagle CO } LAND USE REGULATIONS 7 -5 :.1 FIDOCSILURIFINA E4GURTNOVember, 23, 1998 EAGLE COUNTY, COLORADO ARTICLE 7• ENFORCEMENT 7 -120. ABATEMENT OF VIOLATIONS b. Recommended by Hearing Officer. (1) General. At the time stated in the Notice of the Hearing to Abate, the Hearing Officer shall conduct a hearing pursuant to the requirements of this Section, and shall hear and consider all relevant evidence, objections or protests, and shall hear testimony under oath of the alleged violator and all other persons having an interest in the hearing. (2) Continuance. The Hearing Officer may continue the hearing from time . to time for good cause. (3) Recommended Order. If, after the conclusion of the hearing, the Hearing Officer finds that a violation of these Land Use Regulations does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove or repair an illegal structure, the Hearing Officer shall prepare a recommended Order to Abate outlining findings and specifying the nature of the violation, the method of abatement and the time within which the work shall be commenced and completed. The recommended Order to Abate shall then be forwarded to the Board of County Commissioners for final action at a hearing. (4) Notification of Recommended Order. The Hearing Officer shall provide the landowner a copy of the recommended Order to Abate by mail, on the day the recommended Order is forwarded to the Board of County Commissioners for a final decision. C. Decision by Board of County Commissioners. (1) Scheduling Hearing. The Board of County Commissioners shall schedule a hearing on the recommended Order to Abate within thirty (30) calendar days from the date the recommended Order is forwarded to the Board of County Commissioners by the Hearing Officer. (2) Notice of Hearing. The County shall provide the landowner notice of the hearing by certified mail, return receipt requested, a minimum of fourteen (14) calendar days prior to the date of the hearing. (3) Continuances. Continuances of the hearing may be granted by the Board of County Commissioners on request of the landowner for good cause shown. I111111IIIII" 678174 1111 )HE 12/01/1998 III INIIIIIIIIIIII11111I1IIN 04:43P 370 Sara Fisher 362 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 7 -6 EAGLE COUNTY, COLORADO FADOCMURWINdL GUMNovembo, 23, 1998 } 1 f ARTICLE 7• ENFORCEMENT 7-110. REVOCATION OR SUSPENSION OF PERMIT state the grounds for the revocation or suspension of the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision). 3. Revocation or Suspension Hearing. The Board of County Commissioners shall conduct a hearing on the proposed revocation or suspension. 4. Decision of Board of County Commissioners. Within thirty (30) calendar days after the close of the hearing, the Board of County Commissioners shall render a decision on the revocation or suspension of the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) based on Section 7- 110.B., Standards. 5. Record. Hearings shall be recorded pursuant to Section 5- 210.F.5.f., Record. B. Standards. A Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) shall be revoked or suspended if any one (1) of the following findings is made by the Board of County Commissioners. 1. Based on misleading information or misrepresentation. The permit was issued on the basis of erroneous or misleading information or misrepresentation; or 2. Violation of conditions of permit. The development violates the terms or conditions of the Special Use Permit, Variance Permit, Preliminary Plan for PUD), or Subdivision (Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use Regulations. C. Notification. Notification of the Board of County Commissioners' decision shall be provided by the Code Enforcement Officer to the permittee by mail within thirty (30) calendar days of the decision. D. Cumulative remedy. The Board of County Commissioners' right to revoke or suspend a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) as provided in this Section, shall be cumulative to any other remedy provided by law. 11111111111111111111111111111 IN IIIIIIII IN IIII IN IN 678174 12/01/1998 04:43P 370 Sara Fisher 389 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 7 -3 EAGLE COUNTY, COLORADO _�::1, F.- DOCSI URIFIWL GURTWovembn, 33. 7998 ARTICLE 7: ENFORCEMENT 7 -120. ABATEMENT OF VIOLATIONS SECTION 7 -120. ABATEMENT OF VIOLATIONS A. General. Violations of these Land Use Regulations may be abated under the procedures and standards of this Section, at the election of the County Attorney; however, this procedure shall not be the sole remedy available, and the County may enforce these Land Use Regulations in any manner provided by law. B. Procedure. Notification of Violation. If after appraisal by the Code Enforcement Officer, the County determines that any land use within unincorporated Eagle County is in violation of the provisions of these Land Use Regulations, the County may mail a Notice to Abate to the landowner, stating the provisions of these Land Use Regulations being violated, and setting forth a reasonable period of time for the landowner to abate and correct the violation. 2. Hearing to Correct Violation. In the event the landowner fails to comply with the Notice to Abate, a Hearing Officer shall conduct a Hearing to Abate to ascertain whether abatement should be required under the procedures and standards of this Section. a. Notice of Hearing. The County shall provide notice of the Hearing to Abate to the landowner and complainant by certified mail, return receipt requested, a minimum of fourteen (14) calendar days prior to the date established for the hearing. Notice shall be substantially in the format set forth below: 111111111111111111111111111 it 678174 12/01/1998 04:43P 360 of 406 R 0.00 D 0.00 111111111111111111111111 370 Sara Fisher N 0.00 Eagle CO LAND USE REGULATIONS 7-4 EAGLE COUNTY, COLORADO F.-DOCSV,URU7NA LEAGLIR77Nmem6n, 23.1998 J <_r ARTICLE 7.• ENFORCEMENT 7 -100. GENERAL ARTICLE 7 ENFORCEMENT SECTION 7 -100. GENERAL A. Authority. The provisions of these Land Use Regulations shall be enforced by the Board of County Commissioners and the County Attorney through their authority to abate any violations, and enjoin, restrain, and prosecute any person violating these Land Use Regulations pursuant to Colorado law. B. Unlawful to Violate These Land Use Regulations. 1. Development or Use of Building, Structure or Land. It shall be unlawful to develop (including to use) any building, structure, or land in unincorporated Eagle County in violation of these Land Use Regulations. Any person violating these Land Use Regulations shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred (100) dollars, or by imprisonment in the County Jail for not more than ten (10) days or both such fine and imprisonment. Each day during which such illegal action continues shall be deemed a separate offense. 2. Subdivision. a. General. Any subdivider or agent of a subdivider who transfers or sells land before a Final Plat for that land has been approved pursuant to the requirements of these Land Use Regulations and recorded or filed in the Office of the Clerk and Recorder shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred (500) dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected shall be credited to the General Fund of the County. b. Injunction. The Board of County Commissioners has the power to bring an action to enjoin any subdivider from selling subdivided land before a Final Plat for Subdivision for such subdivided land has been approved by the Board of County Commissioners. C. Guarantee of Public Improvements. The Board of County Commissioners or any purchaser of any lot, tract, or tract of land subject to Subdivision which is the security portion of a Subdivision Improvements Agreement shall have the authority to bring an action in any District Court to compel the enforcement of any Subdivision Improvements Agreement on the sale, conveyance, or transfer of title of any lot, tract, or tract of land or any other provision of the Subdivision Improvements Agreement. Such authority shall include the right to compel LAND USE REGULATIONS F:IDOCSILURIF/NALIPAGURMJN l.bil. 23.1998 7 -1 EAGLE COUNTY, COLORADO 1 111111 878174 "III "1'11111111 12/01/1998 lit IN 04:43P 1111111111111111'111 IN 370 Sara Fisher '2e:'7 ,t nag R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 7: ENFORCEMENT 7- 110. REVOCATION OR SUSPENSION OF PERMIT recision of any sale, conveyance, or transfer of title of any lot, tract, or tract of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of the Building Permit. d. Suspension. The Board of County Commissioners may suspend or withdraw any approval of a Preliminary Plan or Final Plat for Subdivision, or may require corrective measures to be taken following a determination that the information provided by the subdivider upon which the approval is based is false or inaccurate. A written notice from the Board of County Commissioners or its designated representative shall be served upon the subdivider, setting out a clear and concise statement of the alleged facts and directing the subdivider to appear at a specified regular meeting of the Board of County Commissioners not less than ten (10) calendar days nor more than thirty (30) calendar days after the date of service of notice. The Board of County Commissioners shall determine at that meeting the nature and extent of alleged false or inaccurate information, shall consider any new significant information that has been brought to their attention, and shall, for good cause shown, suspend or withdraw any approval or require certain corrective measures to be taken. This Section shall not apply to any Final Plat for Subdivision where lots have been sold. SECTION 7 -110. REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT, VARIANCE PERMIT, PUD OR SUBDIVISION Revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use Regulations shall be made under the procedures and standards of this Section, upon a finding that the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) was issued on the basis of erroneous or misleading information or representation, the development violates the terms or conditions of any permit issued pursuant to these Land Use Regulations, the terms or conditions of the Special Use Permit, Variance Permit, PUD, or Subdivision, or these Land Use Regulations. A. Procedure. 1. Initiation by County. If the County determines there are reasonable grounds for the revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) under the standards of Section 7- 110.B., Standards, the Code Enforcement Officer shall set a hearing before the Board of County Commissioners. 2. Notification. The Code Enforcement Officer shall give the permittee notification by mail a minimum of twenty (20) calendar days prior to the hearing. The notification shall also LAND USE REGULATIONS 7 -2 EAGLECOUNTY, COLORADO F.-WOCSILURIFINALIE GURTINorrmbrr, 23, 1998 1111111 11111 678174 1111111 11III 12/01/1998 III IN 04:43P 111111111111111111 IN 11111111 370 Sara Fisher 358 of 405 R 0.00 D 0.00 N 0.00 Eagle CO v i3 r ARTICLE 7: ENFORCEMENT TABLE OF CONTENTS ARTICLE 7 ENFORCEMENT TABLE OF CONTENTS PAGE SECTION 7 -100. General ................. ............................... 7 -1 SECTION 7 -110. Revocation or Suspension of Special Use Permit ..................... 7 -2 SECTION 7 -120. Abatement of Violations ...... ............................... 7 -4 SECTION 7 -130. Notification to Correct Violation ............................... 7 -8 SECTION 7 -140. Other Remedies ........... ............................... 7 -8 1111111111111111111 HE III IN 1111111111111111'1'11111 878174 12/01/1998 04:43P 370 Sara Fisher 388 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 7 -i F.-DOCSILURIFINAL GL RMovem er, 23, 1998 EAGLE COUNTY, T ARTICLE 7 ENFORCEMENT - EAGLE COUNTY 111111111111111111111111111111111111111111111111111 678174 12/01/1998 04:43P IN 370 Sara Fisher 355 of 408 R 0.00 D 0.00 N 0.00 Eagle CO dd �I ARTICLE 6: NONCOAIFORMITIES 6 -130. EMINENT DOMAIN PROCEEDINGS 2. Determination of sufficiency, review and decision. After receipt of an application requesting a Certificate of Conformity, the Community Development Director shall determine whether it is complete within ten (10) working days. If it is determined the application is not complete, notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. Within twenty (20) working days after the application is determined to be complete, the Community Development Director shall review and grant, grant with conditions, or disapprove the application, pursuant to the standards established in Section 6- 130.C., Standards. 3. When Eagle County is the condemnor (or purchaser in lieu of condemnation), it shall apply for a Certificate of Conformity before or concurrently with the acquisition. C. Standards. An application requesting a Certificate of Conformity shall be granted if the following standards are met. 1. Minimization of business and severance damage. If the condemnation action has not been decided by a court of law, the amount of severance and business damages resulting from the eminent domain proceedings are substantial, and the loss of business damages would be minimized by the issuance of a Certificate of Conformity; 2. Site plan that minimizes nonconformities while ensuring compatibility. A site plan can be designed for the land that is consistent with the use requirements of these Land Use Regulations, and minimizes to the greatest degree practicable any nonconformities of parking, loading, landscaping, lot size, and yard requirements; and 3. Function adequately. The structure or lot can function adequately for its designated land use pursuant to the site plan. IIIIIII 678174 Hill "11111IIIII1I1IN111IIIIIIIII 12/01/1998 04:43P IN11I1IN 310 Sara Fisher 384 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 6 -5 EAGLE COUNTY, COLORADO _•• -. £:W06V.UXIF /NAUEIQIRTf; Novaw,.2i. 19➢8 a ,,. - f } ARTICLE 6.• NONCONFORMITIES 6 -120. NONCOMFORMING LOTS OF RECORD SECTION 6 -120 NONCONFORMING LOTS OF RECORD A. General. Where a legal lot of record has an area or frontage that does'not conform to the standards of these Land Use Regulations, but it was a legal lot of record on (the effective date of these Land Use Regulations), such lot or parcel of land may be developed, provided it is not a contiguous lot under common ownership as defined in Section 6- 120.B., Contiguous Parcels Under Single Ownership, and the minimum yard standards for the zone district in which it is located are met or a variance from these standards is obtained pursuant to Section 5 -260, Variances. 1. Minimum Use Allowed. In all instances, and except for a contiguous lot under single ownership, this Section shall be interpreted to allow one (1) single family dwelling unit to be located on a nonconforming legal lot of record, and in the Resource (R) Zone District only, to allow a nonconforming legal lot of record to maintain those agricultural uses that are allowed uses in that zone district. 2. Other Uses. In all zone districts, except for the Fulford Historical (FH) and Backcountry (BC) zone districts, this Section shall be interpreted to allow the owner of a nonconforming lot of record to apply, pursuant to Section 5 -250, Special Uses, for any other use that is allowed, allowed by limited review, or allowed by special review, in the applicable underlying zone district. B. Contiguous Parcels Under Single Ownership. Any two (2) or more contiguous parcels of land under single ownership shall constitute a single lot which cannot be subdivided without the prior approval of Eagle County, as prescribed in these Regulations. 1. Division is a Subdivision. In the event that two (2) or more contiguous lots, previously separately conveyed or described, shall come under single ownership, regardless of diverse times of acquisition by the single owner and whether or not the property was acquired prior to the effective date of these Regulations, the division of such land into two (2) or more lots, separate interests, interests in common or other division, even if divided along the line(s) of a previously described or conveyed lot(s), shall constitute a subdivision of land. 2. Limits to Applicability. Nothing herein shall be deemed to apply (a) in the Fulford Historical Zone District, or (b) to a lot shown on any recorded subdivision plat if such subdivision has been approved and signed by the Board of County Commissioners, or (c) to a legal lot of record which conformed to the applicable zoning standards at the time the single ownership came into being or, if later, when zoning first applied to the lot (October 19, 1974). This Section 6- 120.B. applies only when the single ownership of the contiguous lots existed on, or at any time after, October 19, 1974. 3. Compliance With Standards Required. No portion of such a lot shall be used or sold that does not meet the standards of these Regulations, nor shall any division of the lot be made which leaves remaining any lot that does not meet the standards of these Regulations. LAND USE REGULATIONS 6-3 EAGLE COUNTY, COLORADO ..., t',naauuninxnriencuera nrorc„a..u, �sss 1 111111 111111111111 11'11 III IN 111111111111 IIII II11 1111 678174 12/01/1998 04 :43P 370 Sara Fisher 3 ➢ ARTICLE 6: NONCONFORMITIES 6 -130. EMINENTDOMAINPROCEEDINGS 4. Single Ownership. "Single ownership" shall refer to the fee owner(s) of the lots in question, and shall mean ownership by the same person(s). In considering the issue of single ownership, consideration shall be given to whether, based on the available facts, any transfer of ownership or execution of contract was not bona fide, but was done for the purpose of evading the requirements of this section. 5. Effect of Regulation. This Section 6- 120.B. is not intended to and does not make legal any previous illegal subdivision of land. SECTION 6 -130 NONCONFORMITIES CREATED BY EMINENT DOMAIN PROCEEDINGS A. Authority to gain certificate of conformity. A lot that is rendered or will be rendered nonconforming because of eminent domain proceedings, or by sale under the threat of eminent domain proceedings, shall be considered conforming under the terms of these Regulations through the receipt of a Certificate of Conformity, pursuant to the terms of this Section. B. Procedure. 1. Application. A Condemnor or Condemnee may submit an application requesting a Certificate of Conformity to the Community Development Director at any time. The application shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application, including an explanation of why the Certificate of Conformity should be granted, and the following materials: a. Proof of eminent domain proceeding. If relevant, proof of the actual or impending eminent domain proceeding; b. Survey. A survey of the land subject to the eminent domain proceeding or sold under the threat of an eminent domain proceeding that demonstrates the extent of the condemnor's acquisition, and all principal and accessory structures on the land. The survey shall be less than one (1) year old and comply with the laws of the State of Colorado regulating the practice of professional land surveying and the rules of procedure and rules of professional conduct; C. Site plan. A site plan of the land subject to the eminent domain proceeding or sold under threat of an eminent domain proceeding at an appropriate scale, showing the location of all structures and improvements on the land; and the extent of the condemnor's acquisition; and d. Proof of notice. Proof that notice of the application has been provided to the other party (Condemnor or Condemnee, whichever is relevant). LAND USE REGULATIONS 6 -4 EAGLE COUNTY, COLORADO 11111111111 678174 "1'111111111111111111111111111 12/01/1998 04 :43P IN 1111 IN 370 Sara Fisher 191 at 409 R 0.00 D 0.00 N 0.00 Eagle CO "a y AR77CLE 6: NONCONFORMITIES 6 -100. PURPOSE AND INTENT ARTICLE 6 NONCONFORMITIES SECTION 6 -100. PURPOSE AND INTENT Within the provisions established by these Land Use Regulations, there exist uses of land, structures and lots that were lawfully established before these Land Use Regulations were adopted or amended, that now do not conform to the standards of the Land Use Regulations. The purpose and intent of this Article is to regulate and limit the continued existence of those uses, structures and lots that do not conform to the provisions of these Land Use Regulations or any amendments thereto. It is the intent of these Land Use Regulations to permit these nonconformities to continue, until they are removed, but not to encourage their survival except under the limited circumstances established in this Article. It is further the intent of these Land Use Regulations that changes in nonconformities shall not be permitted. The provisions of this Article are designed to curtail substantial investment in nonconformities to preserve the integrity of these Land Use Regulations and the Master Plan. SECTION 6 -110. NONCONFORMING USES AND STRUCTURES A. Continuation. Nonconforming uses and structures may continue in accordance with the provisions of this Section. B. Normal maintenance or repair. Normal maintenance or repair of nonconforming structures and structures in which nonconforming uses of land are located may be performed in any period of twelve (12) consecutive months, to an extent not exceeding fifteen (15) percent of the actual value of the structure, as determined by the most recent County Tax Assessor's roles, provided that the area of the structure existing after the date it became nonconforming shall not be increased, except pursuant to the standards of this Section. C. Enlargement or expansion. 1. Nonconforming Use. A nonconforming use shall not be enlarged or expanded in area occupied, except a nonconforming use may be enlarged in any area of the same structure in which it is located if no structural alteration of the structure is proposed or made for the purpose of the enlargement or expansion. 2. Nonconfo ming Structure. A nonconforming structure shall not be extended by an enlargement or expansion that increases its nonconformity, but may be extended or altered in a manner that does not change or that decreases its nonconformity. LAND USE REGULATIONS F.00= URIFINALIGCL 6, H,'!11,li, Im 6 -1 EAGLE COUNIY, COLORADO 1 111111 111111111111 678174 11111 12/01/1998 III 1111 04:43P IIIIIIII 1111 III IIIII 1111 370 Sara Fisher 350 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 t ARTICLE 6: NONCONFORMITIES 6 -1I0 NONCONFORMING USES AND STRUCTUR ES 3. Solar Energy Device. The addition of a solar energy device to a nonconforming use or a nonconforming structure shall not be considered a structural alteration. D. Relocation. A nonconforming structure or a structure housing a nonconforming use shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless it shall thereafter conform to the provisions of the Zoning District into which it is moved. E. Change in use. A nonconforming use shall not be changed to any other use, unless any new or additional use conforms to the provisions of these Land Use Regulations for the zone district in which the use is located. F. Discontinuance or abandonment. If a nonconforming use is discontinued or abandoned for a period of more than twelve (12) consecutive months, whether or not the equipment or furniture are removed, then such use may not be re- established or resumed, and any subsequent use shall conform to the provisions specified by these Land Use Regulations. When government action can be documented as the reason for discontinuance or abandonment, the time of delay by government shall not be calculated for purposes of this Section. G. Unsafe because of maintenance. If a nonconforming structure or portion thereof or a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared by the Building Inspector to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of these Land Use Regulations and the Building Code. H. Damage of structure. If a nonconforming structure or a structure housing a nonconforming use is damaged or destroyed by any means to an extent of more than fifty (50) percent of the actual value of the structure immediately prior to the damage (as determined by the most recent County Tax Assessor's role), it shall not be restored or repaired, except in conformance with the provisions of these Land Use Regulations, and all rights of a nonconformity are terminated. If a structure is damaged by less than fifty (50) percent of its actual value (as determined by the most recent County Tax Assessor's role), it may be repaired and reconstructed and used as before the time of damage, provided such repair and reconstruction is substantially completed within twelve (12) months of the date of damage. I. Use is acquired by tax delinquency. If Eagle County acquires title to any land by reason of tax delinquency upon which a nonconforming use is located, and the land is not redeemed as provided by law, the use on the land shall comply with the provisions of these Land Use Regulations, and any amendments thereto. LAND USE REGULATIONS 6 -2 EAGLE COUNTY, COLORADO FNOCYILUAIitNAG1£IGUAT6; Nonwn3l. 19YF 11111111IIi 678174 "1'111 11111111 12/01/1998 IN 04:43P 11111"1 IIII 111'11'1 IN 370 Sara Fisher 351 of 405 R 0.00 D 0.00 N 0.00 Eagle CO I ARTICLE 6' NONCONFORMMES TABLE OF CONTENTS i ARTICLE 6 NONCONFORMITIES TABLE OF CONTENTS PAGE SECTION 6 -100. Purpose and Intent ......... ............................... 6 -1 SECTION 6 -110. Nonconforming Uses and Structures ............................. 6 -1 SECTION 6 -120 Nonconforming Lots of Record . ............................... 6 -3 SECTION 6 -130 Nonconformities Created by Eminent Domain Proceedings 6 -4 111111111111 Iilllll IIIII III IN IIIIIIII 1111 Illiil it IIII 678174 12/01/1998 04:43P 370 Sara Fisher 349 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 6 -1 EAGLE COUNTY, COLORADO ,._._:1 F.ID06YURIFLWLIEILGRT6.: A'ov,mber 33, 1938 >.. }J r ARTICLE 6 ' NONCONFORMITIES - EAGLE COUNTY 1 111111 11111 678174 111111111'11111 12/01/1998 IN 04:43P 11111111 111111111111 IN 370 Sara Fisher 348 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 1 ARTICLE5.• ADMIMSTRATION 5 -2502 VESTED PROPERTY RIGHTS u plan, and shall remain effective for a period of three (3) years. This vesting period shall not be extended by any amendments to a site specific development plan, unless expressly authorized by,the Board of County Commissioners. The period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen (14) days following approval. 2. Forfeiture. Failure to abide by any applicable terms and conditions attached to the site specific development plan shall result in immediate forfeiture of the vested property right. 3. Extensions. The Board of County Commissioners may, as a legislative act, enter into a Development Agreement with a landowner that provides that property rights shall be vested for a period exceeding three (3) years where it is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. 4. Subsequent review and approval. Following approval or conditional approval of a site specific development plan, nothing in this Section shall exempt the site specific development plan from subsequent reviews by Eagle County to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are not inconsistent with the terms and conditions of the original approval. i D. Exceptions. A vested property right, once established pursuant to this Section, precludes any zoning.or land use action by Eagle County for a period of three (3) years from the date of approval of the site specific development plan, that would alter, impair, prevent, diminish, or otherwise delay the development or use of the land subject to the site specific development plan consistent with the terms and conditions of the site specific development plan, except: 1. Landowner's consent. With the consent of the affected landowner; 2. Hazards. Upon the discovery of natural or man -made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of the approval of the site specific development plan, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; and 3. Just compensation paid to landowner. To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal; and other consultants' fees incurred after approval by the governmental entity, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. LAND USE REGULATIONS 5 -91 EAGLE COUNTY, COLORADO .,_, o: IxyLWUmlrliau+ImglrlWrUAT -S.CO: Noerrbn ]3./W8 IIIIII "II"'IIIII II"' ICI I"I IIII�I'I IIII VIII' II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 346 of 405 R 0.00 0 0.00 N 0.00 Eagle CO 3 � ARTICLE5: ADMIMSTRATION 5 -2660 TEMPORARYREGULATION E. Applicability of general ordinances and regulations. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by Eagle County, including, but not limited to building, fire, plumbing, electrical and mechanical codes. SECTION 5 -2600. TEMPORARY REGULATIONS The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited not to exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local distribution, advertising a public hearing to discuss the matter at hand requiring the temporary. regulation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate, in any part or all of the unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purpose. 11111111111111111111111 678174 12/01/1998 III IN 04:43P IIIIIIII 1111111111 II IN 370 Sara Flaher 347 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5 -92 EAGLE COUNTY, COLORADO c: Ixp51WUm1[Ge ^+4vg /e14/.UFLS.ro: nurnrErr }3. IAle ' -a ARTICLE 5: ADMINISTRATION 5 -2400 APPEAL b. Common use. A use common to the unincorporated County, although it may not involve further development of the land, is considered an economically viable use. Attention shall also be given to land uses that are considered to be the lowest intensity in the unincorporated County but which uses still provide for occupation and living within the County. These land uses, as well, shall be considered economically viable uses. C. Actual condition of land considered. The actual condition of the land shall be considered. The reality of limited development potential, given the natural condition of the land, shall not be attributed to the regulations applied to the land. If the land is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall lower the intensity of use that is considered a minimum economically viable use. d. Potential for damages. The potential for damages to either residents or land shall be assessed in determining economically viable use. The need for a governmental subsidy to future landowners shall be considered, and the cost of such subsidies shall be deducted from the otherwise established minimum economically viable use. e. Only investment backed expectations considered. Expectations shall, in general, not be considered. Only reasonable expectations backed by investments as recognized by the current state of the law shall be considered. L Current state of law. The current state of law established by the United States Supreme Court, the federal Circuit Court of Appeals, and the Colorado Supreme Court, relevant to the granting of relief. SECTION 5 -2400. APPEALS OF STAFF DECISIONS /INTERPRETATIONS An appeal may be taken to the Board of County Commissioners by any person aggrieved by a final decision or interpretation of the Community Development Director or County Engineer under these Land Use Regulations. A. Procedure. 1. Initiation. The appeal shall be filed with the County Administrator within thirty (30) calendar days of the date of the written notice of the decision/interpretation of the Community Development Director or County Engineer. LAND USE REGULATIONS cax ➢5(WUmlclinnalenYlelWM1UtT -S.CO; Xov,m6n ]!, /flJ8 5 -89 EAGLE IIIIII 878174 "II I IIIII I I "'II 12/01/1998 III IN 04:43P I II"I"I I I I I II I I'I I I I"I 370 Sara Fisher 344 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSTRATION 5 -2500 VESTED PROPERTY RIGHTS 2. Contents of appeal. The appeal shall include a statement of the error or improper decision/interpretation made by the Community Development Director or County Engineer, the date of that decision, and the grounds for the appeal, including any materials or evidence to support the appeal. 3. Scheduling of hearing. The Board of County Commissioners shall hold a hearing on the appeal within thirty (30) days of the date the appeal was received. 4. Action by Board of County Commissioners. At the hearing on the appeal, the appellant or the appellant's agent shall state the grounds for the appeal, and include any materials or evidence to support the appeal. The Community Development Director or any other County employee shall be provided the opportunity to respond, as well as any other persons the Board of County Commissioners deem necessary. After the conclusion of the hearing, the Board of County Commissioners shall either affirm, affirm with modifications, or reverse the decision of the Community Development Director based on these Land Use Regulations. B. Stay. An appeal shall stay all proceedings in furtherance of the action appealed, unless the County Attorney certifies that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. SECTION 5 -2500. VESTED PROPERTY RIGHTS A. Purpose. The purpose of this Section is to establish a system of vested property rights for these Land Use Regulations, as authorized by C.R.S. 24 -68 -101, et. ems. B. Establishment. 1. General. Pursuant to these Land Use Regulations, a vested property right shall be deemed established for a development permit for a period of three (3) years with the approval of a site specific development plan. Such vested property right shall attach to and run with the land for which the development permit is approved for the site specific development plan and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan for a period of three (3) years from the date of its approval. 2. Site specific development plan. For the purposes of this Section, site specific development plan shall only mean a (1) a Special Use Permit; (2) a Preliminary Plan for PUD; (3) a Preliminary Plan for Subdivision; and (4) a Final Plan for Subdivision. C. Duration and termination. 1. Duration. A vested property right as defried in this Subsection shall be deemed effective as of the date the Board of County Commissioners approves the site specific development LAND USE REGULATIONS 5 -90 EAGLE COUNTY, COLORADO �# cIUYZIWmnIN ¢nnlenglANrU.QI"S.CO. A'ovrMrr3i. 1998 I"III "III "I'III'I'II III I'I' Iiilllil I'II I'I"I II I"I 678174 12/01/1998 04:43P 370 Sara Fisher 345 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 ARTICLE 5, ADMINSTRATION 5 -2300. BENEFICIAL USE DETERMINATION beneficial use shall be based on the evidence submitted and the standards in Section 5- 2300.C., Beneficial Use Standards. If the Hearing Officer finds that the applicant has been denied economically beneficial use of the subject land, then the Hearing Officer shall recommend a use that permits economically beneficial use and results in a minimum change from the regulations of these Land Use Regulations as they apply to the subject land, pursuant to the standards set forth in Section 5 -2300. C,' Beneficial Use Standards, and Section 5- 2300.1), Granting of Relief. The Hearing Officer's recommended findings of facts and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing. 7. Action by Board of County Commissioners. The Board of County Commissioners shall schedule a hearing on the application within thirty (30) calendar days of the date the Hearing Officer issues the recommended findings of fact and proposed order. The Community Development Director shall provide the applicant and all adjacent landowners of the land subject to the Appeal for Beneficial Use Determination at least twenty (20) calendar days notice of the hearing by mail. At the hearing, the Board of County Commissioners shall approve the findings of fact and proposed order of the Hearing Officer, or may attach conditions, modify, or reverse the findings of fact or proposed order of the Hearing Officer, based on the standards of Section 5- 2300.C, Beneficial Use Standards, and Section 5- 2300.13, Granting of Relief. If the Board of County Commissioners attaches conditions, modifies or reverses the findings of fact or proposed order, it shall do so only where the record of the hearing indicates that the Hearing Officer is unsupported by the record, or that the proposed order is not in conformance with the standards of Section 5- 2300.C, Beneficial Use Standards, and Section 5- 2300.13, Grantin of Relief. S. Appeal. The decision of the Board of County Commissioners is appealable to a court of law. C. Beneficial use standards. In determining if a landowner has been deprived of economically beneficial use of land, the Hearing Officer and Board of County Commissioners shall take into account the following factors: 1. Economically viable use. In making the determination whether the land is provided economically viable use, the Hearing Officer/Board of County Commissioners shall first evaluate the uses of the land as provided by these Land Use Regulations, and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this Section, economically viable use means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this' determination. 2. Diminution in value. The market value of the land, as established by the comparable sales approach, prior to adoption of these Land Use Regulations, which caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach, with the regulations as applied. Market LAND USE REGULATIONS s.ysiw,.rain�.u,�pwm uxrs. %N.., ,v. JWA 5 -87 EAGLE COUNTY, COLORADO 1111111 678174 Hill111111111111III 12/01/1998 IN 04:43P 11111111111111111111111111 IN 370 Sara Fisher 342 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE5: ADMINISTRATION 5 -2300 BENEFICIAL USEDETERMINATTON value of the land prior to the adoption of the Land Use Regulations shall constitute its highest and best use on (one day prior to the effective of these Land Use Regulations) or the date of purchase of the land, whichever is later, and any other land value /appraisal information that the applicant would like to be considered. All appraisals shall be proposed by qualified licensed appraisers, and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use; the diminution must be so substantial that it effectively deprives the landowner of any material use or enjoyment of the land, commensurate with any reasonable investment backed expectations, if any. 3. External costs. a. Subsidy. The amount or nature of any subsidy that may be required by Eagle County, neighbors, purchasers, tenants, or the public at large if the uses allowed under these Land Use Regulations are modified. b. Other adverse effects. Any other adverse effects on the County and its residents. 4. Current state of the law. The state of the law established by the United States Supreme Court, the federal Circuit Courts of Appeals, and the Colorado Supreme Court, relevant to these standards. D. Granting of relief. 1. General. If the finding is that a landowner has been deprived economically beneficial use of land, or is otherwise entitled to relief pursuant to the standards of.this Section, relief shall be granted. 2. Minimum increase. In granting relief, the landowner shall be given the minimum increase in use density/intensity or other possible concessions from these Land Use Regulations in order to permit an economically viable use of the land or a use that is determined to be required by law. The highest use, or even an average or generally reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum economically viable use of land and, therefore, the amount of relief to be granted a landowner in order to reach that minimum. a. No governmental subsidy. A minimum economically viable use of the land should be one that does not have any governmental subsidy attached to the long- term safe occupation of the land. If such a subsidy is needed, then that should be reflected by lowering the use intensity that is considered a minimum economically viable use on a market valuation basis. LAND USE REGULATIONS 5 -88 EAGLE COUNTY, COLORADO clx ➢JlWnINNmU1rn81AN,LLPJ -J.N: ft­ b" 3J. IM 111111111111111111111111111 678174 12/01/1998 IN 04:43P 11111111111111111111 IN 370 Sara Fisher 343 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 1 AR77C7E5 :_ ADMIMSTRATION 5 -2300. BENEFICIAL USEDETERMINA77ON SECTION 5 -2300. BENEFICIAL USE DETERMINATION If, after the submission and decision on the appropriate applications for development permits for land development, a landowner in unincorporated Eagle County is of the opinion that all economically beneficial use of that landowner's land has been denied by the application of these Land Use Regulations, then the procedures of this Section shall be used prior to seeking relief from the courts in order that any denial of economically beneficial use of land may be remedied through a non judicial forum. A. Purpose. The purpose and intent of the Board of County Commissioners is that every landowner in the unincorporated County enjoy an economically beneficial use of land. It is also the purpose and intent of this Section to provide for relief to the landowner, where appropriate, from the application of these Land Use Regulations. The procedures set forth in this Section are intended to permit landowners who believe they have been deprived of economically beneficial use of their land to apply to the Board of County Commissioners for relief sufficient to provide economically beneficial use of the land. B. Procedure. 1. Application for an Appeal for Beneficial Use Determination. An Appeal for a Beneficial Use Determination may be made by a landowner to the Community Development Director at any time. 2. Contents of application. The application shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application and shall also include the following materials: a. Date of, and offers to purchase. Documentation of the date of purchase and the purchase price of the land, and any offers to purchase the land made by any person within the last three (3) years. b. Description of land. A description of the physical features present on the land, the land's total acreage, the present use of the land, and the use of the land at the time of the adoption of these Land Use Regulations. C. Improvements to land. Evidence of any investments made by the landowner to improve the land, the date the improvements were made, and the costs of the improvements. d. Description of regulations and uses. A description of the uses of land that were allowed when the land was purchased by the landowner. In addition, a description of the regulations and uses permitted which are alleged to result in an elimination of economically beneficial use of the land together with all appraisals, studies, any other supporting evidence, and any actions taken by Eagle County related to the land. LAND USE REGULA77ONS c1uyAWneulr4 <nu�< ^pleIWR44R5.00; N—.n ,li, 1MB 5 -85 EAGLE COUNTY, COLORADO I'III 678174 "III ""III I"II 12/01/1998 I'I IN 04:43P III'I"I IIII IIIIII II IIII 370 Sara Fisher 340 of 405 R 0.00 D 0.00 N 0.00 Eagle CO t ARTICLE 5: ADMIMSTRATION 5 -2300. BENEFICIAL USE DETERMINATION e. Description of minimum beneficial use. A description of the use that the landowner believes represents the minimum legally required economically beneficial use of the land and all documentation, studies, and other supporting evidence thereof. 3. Determination of sufficiency. The Community Development Director shall determine if the application is sufficient and includes data in sufficient detail to evaluate the application to determine if it complies with the appropriate substantive requirements of this Section. a. Determined insufficient. If the Community Development Director determines the application is not sufficient, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within thirty (30) calendar days, the application shall be considered withdrawn, and the application fee shall be refunded. b. Determined sufficient. When the application is determined sufficient, the Community Development Director shall notify the applicant, in writing, of the application's sufficiency, and forward the application to the Hearing Officer for the scheduling of a hearing. 4. Establishment of date for Hearing by Hearing Officer and notice. Within thirty (30) calendar days of the date that the application has been determined sufficient by the Community Development Director, the Hearing Officer shall schedule a hearing on the Appeal for Beneficial Use Determination. The applicant shall provide the Community Development Director a list of all adjacent landowners of the land subject to the Appeal for Beneficial Use Determination at least twenty -five (25) calendar days prior to the hearing, and the Community Development Director shall provide these adjacent landowners notice by mail within fifteen (15) calendar days of the hearing. Costs of this mailing shall be paid by the applicant. 5. Hearing by Hearing Officer. At the hearing, the applicant shall present the applicant's case and the County Attorney shall represent the local government. All evidence presented shall be under oath, and the parties involved shall be permitted to cross - examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth in Section 5- 2300.C, Beneficial Use Standards, as to whether the applicant has been deprived of economically beneficial use of the land and the standards in Section 5- 2300.D, Granting of Relief, pertaining to the degree of relief needed to provide the landowner with an economically beneficial use of the land. 6. Findings of the Hearing Officer. Within thirty (30) calendar days of the close of the hearing, the Hearing Officer shall prepare recommended findings of fact and a proposed order for consideration by the Board of County Commissioners. The findings and recommendations of the Hearing Officer as to whether the land is provided economically LAND USE REGULATIONS 5 -86 EAGLE COUNTY, COLORADO : mysrwmmmnni .arnmwers. %xo..ma,.v. rcva (IIIIII IIIII- IIIIIII IIIII III III' IIIIIIII IIII IIIIII II IIII __. 678174 12/01/1998 04:43P 370 Sara Fisher 341 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLES, ADMIMCTUAT70N 5-2200. PUBLIC WA YAM EASEMENT VACATION B. Applicability. As used in this Section, the terms 'road' and 'easement' shall be deemed to include any and all parcels upon which there has been legally sufficient acceptance of said dedication by the public or authorized agents, representatives or officials. C. Procedure. 1. Initiation. An application for a vacation of public way or easements shall only be submitted by the owner, or any other person having a recognizable interest in the land, or their authorized agent. 2. Submission of application. An application for a vacation of public way or easement shall be submitted to the County Engineer. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application. It shall also include a Petition requesting the vacation which is signed by the owners of all abutting land whose means of legal ingress and egress would be affected by the vacation. The Petition shall set forth the reasons for the vacation together with the names, street, mailing, and legal addresses of all abutting or adjacent landowners, or other landowners whose interests therein might be adversely affected by, or who may be interested in, such vacation. The Petition shall be accompanied by a map that shows the road or easement sought to be vacated as well as the property owners described above. 3. Staff Review of Petition. Upon receipt of the Petition, the Community Development Director shall refer a copy of the Petition and the map to affected government agencies and public and private utility concerns for their review and comment within thirty (30) calendar days, and also refer the Petition to the Community Development staff for their review. After receipt of the comments from the other affected governments and utilities, the Community Development Department shall complete a Staff Report on the proposed vacation, provide notice of hearing pursuant to Section 5- 2200.C.4., Public Notification, and schedule the Petition for review by the Planning Commission. 4. Public Notification. a. Planning Commission. A minimum of fifteen (15) calendar days prior to the Planning Commission public hearing, the Community Development Director shall give notice by mail to all persons that own land that is adjacent to the proposed vacation or who own land that could be affected by the proposed vacation. The notice shall: (1) state that a Petition to vacate has been submitted and identify the public way or easement that is proposed to be vacated; (2) briefly state the reasons given for the vacation; and (3) give the date, time, and place of the hearing on the vacation. b. Board of County Commissioners. A minimum of thirty (30) calendar days prior to the Board of County Commissioners public hearing, the Community Development Director shall publish notice of the hearing in a newspaper of general circulation in the County . The notice shall: (1) state that a Petition to LAND USE REGULATIONS 5 -83 EAGLE COUNTY, 1111111 11III 678174 1111111 11'11 12/01/1998 III IN 04:43P 11111111 1111111111111111 370 Sara Fisher 338 of 405 R 0.00 0 0.00 N 0.00 Eagle CO AR7ICLE5: ADMIMSTRATION 5 -2200 PUBLIC WAYAND EASEMENT VACATIONS vacate has been submitted and identify the road ROW or easement that is proposed to be vacated; (2) briefly state the reasons given for the vacation; (3) provide the recommendation of the Planning Commission; and (4) give the date, time, and place of the hearing on the vacation. D. Review and Recommendation of Planning Commission. After receipt of the Staff Report and the mailing of notice, the Planning Commission shall conduct a public hearing on a proposed vacation. At the public hearing, the Planning Commission shall consider the Petition, the relevant support materials, the Staff Report, and the public information given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present, shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the Petition based on the standards in Section 5 -2200 F., Standards. E. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on the proposed vacation. At the public hearing, the Board of County Commissioners shall consider the Petition, the relevant support materials, and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions, or disapprove the Petition for vacation based on the standards in Section 5- 2200.17, Standards. F. Standards. The vacation shall be demonstrated to be in the general interest of the public's health, safety, and welfare, not to be in violation of law, and to be in compliance with these Land Use Regulations and the Master Plan and shall comply with the following: 1. Access to a Public Road. No roadway shall be vacated so as to leave any adjoining land without a means of access to another public road. 2. Easements. In granting a vacation, the County may reserve easements for the installation or maintenance of utilities, ditches and similar improvements. G. Vacation Effective. No vacation shall be considered effective unless within a reasonable time following approval of the vacation by the Board of County Commissioners, the following conditions are met: 1. Record Deeds. Quit claim deeds have been duly recorded in the Office of the County Clerk and Recorder which cumulatively relinquishes all rights, claims and interests that all interested parties, including public and private utility companies, may have in the road or easement to be vacated; and 2. Resolution. A Resolution of the Board of County Commissioners has been duly executed and recorded in the Office of the County Clerk and Recorder evidencing the approval of the Board of the vacation of the subject road or easement. LAND USE REGULATIONS 5 -84 EAGLE COUNTY, COLORADO ra.nttw.nmru,,,mm¢�rmruxr -sm: sovrmer.v, rave 1 111111 678174 VIII 1111111 VIII 12/01/1998 III IIII 04:43P IIIIIIII IIII VIII III IIII 370 Sara Fisher 339 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 9# 1 ARTICLE 5. ADMIMSTRATION 5 -290 MINOR SUBDIVISION disapprove the Type B Subdivision based on the standards in Section 5- 290.G., Standards. If the Community Development Director approves the Type B Subdivision, the Final Plat shall be signed by the Board of County Commissioners. F. Action on Amended Final Plats. After receipt of the Staff Report on the Amended Final Plat and the revised Amended Final Plat mylars, Improvements Agreements, and certificates, the Board of County Commissioners shall review the application and other support materials and approve, or disapprove the Amended Final Plat based on the standards in Section 5- 290.G., Standards. G. Standards. The Board of County Commissioners and the.Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a. Access, Water and Sewage. The adequacy of access, potable water, and sewage disposal on the land to be subdivided; b. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and C. Improvements Agreements. The adequacy of the proposed Improvements Agreement, where applicable. 2. Standards for Amended Final Plat. a. Adjacent Property. Review of the Amended Final Plat to determine if the proposed amendment adversely effects adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. C. Conformance with Final Plat Requirements. Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvements Agreement. Adequacy of the proposed improvements agreements and /or off -site road improvements agreement when applicable. C. Restrictive Plat Note Alteration. If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: LAND USE REGULATIONS 5 -81 3 vIxySIW ak4'rnulolkIWLL JXO: XovewMrV3 JOS EAGLE CO UNIT, 1 111111 678174 "III 111111111111 12/01/1998 III IN 04:43P 11111"1 370 1111111111111111 Sara Fisher 336 of 403 R 0.00 0 0 -00 N 0.00 Paola CO ARTICLE 5: ADMINISTRATION 5 -2700 CER77FICATE OF ZONING COMPLIANCE (1) That the area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. SECTION 5 -2100. CERTIFICATE OF ZONING COMPLIANCE A. Purpose. A Certificate of Zoning Compliance shall be required in accordance with the provisions of this Section in order to ensure that proposed development complies with the standards in these Land Use Regulations. B. Applicability. Issuance of a Building Permit or Development Permit shall constitute the issuance of a Certificate of Zoning Compliance. C. General. Prior to the issuance of the Building Permit, the Community Development Director shall review all Building Permit applications and Development applications to ensure they are in compliance with these Land Use Regulations. D. Procedure. 1. Initiation. An application for a Certificate of Zoning Compliance shall only be submitted by the owner, or any other person having a recognizable interest in the land, or their authorized agent. 2. Submission of application. An application for a Certificate of Zoning Compliance shall be submitted to the Community Development Director, along with a fee pursuant to Section 5- 210.B, Fees. If applicable, the application may be submitted in conjunction with an application for a Building Permit. 3. Contents of application. The application shall be in a form established by the Community Development Director and made available to the public. SECTION 5 -2200. PUBLIC WAY AND EASEMENT VACATIONS A. General. Public way and easement vacations accomplished pursuant to this Section shall be in compliance with and subject to C.R.S. 43 -2 -301, et. seq. LAND USE REGULA77ONS 5 -82 EAGLE COUNTY, COLORADO ciwriwmmnao-uogmu.uers.m; ne..,w..m, izre i 1 111111 11III 678174 111'111 11111 12/01/1998 III IIII 04:43P 11111111 IIII 11111'11 IIII 370 Sara Fisher 337 of 405 R 0.00 D 0.00 N 0.00 Eagle CO �r ARTICLE 5: ADMIMSTRATTON 5 -290 MINOR SUBDIVISION 3. Amended Final Plat. An Amended Final Plat may be used only in the following instances: a. The proposed Amended Final Plat is part of a previously approved Final Plat. b. The proposed amendment to the Final Plat is not inconsistent with the intent of the Final Plat. C. The proposed amendment to the Final Plat does not adversely affect adjacent property owners. d. The proposed amendment to the Final Plat does not create a new lot or lots. C. Procedure. 1. Initiation. An application for either a Type A or Type B Subdivision or an Amended Final Plat shall only be submitted by the owner, or any other person having a recognizable interest in the land, or their authorized agent. The application shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application, and shall also contain the following additional materials, as applicable: a. Final Plat. A final plat of the proposed subdivision in conformance with Final Plat requirements. b. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. Conformance with existing zoning on the property is required. C. Access. Demonstration that all lots in the proposed subdivision have legal and physical access to a public street or rights -of -way by conventional vehicle. d. Water Supply. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water supply for each lot. e. Waste Water Disposal. Satisfactory evidence, for each proposed lot, demonstrating the existence of a waste water disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws. f. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed lot. LAND USE REGULATTONS 5 -79 EAGLE COUNTY, COLORADO 3 clxyllWnmlctimulmEGULA 77;NowMrr3i, 1938 IIIIII Illll III'III VIII "I I'll I'llll'I I'II 1111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 334 of 405 R 0.00 D 0.00 N 0.00 Eagle CO f ARTICLE 5: ADMIMSTRA770N 5 -290 MINOR SUBDMSION 9- Hazards. Satisfactory evidence demonstrating that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites. h. Site Plan. A site plan, if applicable, depicting existing and proposed building locations, access drives, parking areas, landscaping, fences, signs, and any other pertinent site data. L Agreements. A Subdivision Improvements Agreement, off -site road improvements agreement or other agreement if required by the Board of County Commissioners. Restrictions. Any protective covenants, declarations, parry wall agreements or other restrictions to be placed on the subdivision which shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recording. k. Schools. Demonstration that all applicable school land dedication or cash -in -lieu requirements have been satisfied. 1. Adjacent Property Owners. For an Amended Final Plat application, a list of all adjacent property owners pursuant to Section 5- 210.13.2. 2. Review of applications. The submission of an application for minor subdivision, and determination of its sufficiency, shall comply with the procedures established in Section 5- 210.1), Common Procedure for Review of Applications In addition, the Staff Report shall outline any revisions that need to be made to the Type A or Type B Subdivision to ensure that it complies with the requirements of this Section. 3. Revised Subdivision Mylar. Six (6) working days before the Board of County Commissioners hearing on the application, the applicant shall furnish the Community Development Director with a mylar and three (3) paper copies of the Subdivision, incorporating all necessary revisions, all Improvement Agreements for Board signature, and the following certificates signed: (a) Certificate of Dedication and Ownership; (b) Certificate of Taxes Paid; (c) Surveyor's Certificate; and (d) Title Certificate, D. Action on Type A Subdivision. After receipt of the Staff Report on the Type A Subdivision and the revised subdivision mylars, Improvement Agreements, and certificates, the Board of County Commissioners shall review the application and other support materials and approve, or disapprove the Type A Subdivision based on the standards in Section 5- 290.G., Standards. E. Action on Type B Subdivision. After receipt of the Staff Report on the Type B Subdivision and the revised subdivision mylars, Improvement Agreements, and certificates, the Community Development Director shall review the application and other support materials and approve, or LAND USE REGULATIONS 5 -80 EAGLE COUNTY, COLORADO 9upS1Wn1a1rG'mu4a8lANMRTS.CO; A'nvrmbn 33, /9IB 678174 12/01/1998 04:43P 370 Sara Fisher 335 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3; ARTICLE 5.' ADMINISM77ON ; -280. SUBDIVISION prior to the date the Final Plat for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the tune limits established by this Section shall render the Final Plat for Subdivision null and void. (4) Hearing on Permit Expiration. If the developer has not installed infrastructure required for the subdivision, pursuant to Section 5 -280 B.5.d.(2), Infrastructure Installed, or if the Final Plat for Subdivision is not extended, pursuant to Section 5- 280.B.5.d.(3), Extension, then the Board of County Commissioners shall initiate a hearing pursuant to Subsection 5- 210.H., Extinguishment of Approvals, to determine whether to extinguish the Final Plat for Subdivision. e. Subdivision Agreement. (1) General. Concurrent with the approval of a Preliminary Plan for Subdivision, the applicant and the Board of County Commissioners shall enter into a Subdivision Agreement binding the Subdivision to any conditions placed in the Resolution. (2) Common Park and Recreation Areas. The Subdivision Agreement shall include a Common Open Space, Park, and Recreation Area Plan. It shall outline the area of common open space, parks, trails and recreation lands, and specify any agreement on the part of the developer to preserve the open space, parks, trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial, or industrial development and shall include the terms by which any common areas will be maintained. (3) Landscape Guarantee. The Subdivision Agreement shall set down how the landscaping proposed for the subdivision will comply with Section 4- 240, Installation and Maintenance Requirements. Landscaping for a phased subdivision may be designed by phase, with installation occurring concurrent with development of each phase. The Subdivision Agreement shall include the landscaping for the entire subdivision and for each phase of the subdivision. LAND USE REGULATIONS elxPSlWaulNimo-4uglvlb.URT -S.CO: h'arc,Mei3i. IM (a) Form of Guarantee. The County may require the developer to provide a guarantee for no less than one hundred and twenty -five (125) percent of the current estimated cost of the landscaping improvements, and the landscape plan as estimated by the Community Development Director, to ensure the installation of all landscaping shown and to ensure the continued maintenance 5 -77 EAGLE COUNTY, COLORADO I"III I'III 678174 "I'lll' 12/01/1998 E 1111 111111 04.43P IIIII"I I'll I"'I III II'I 370 Sara Fisher 332 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSTRATION 5 -290. MINOR SUBDIVISION and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the County Attorney. At the developer's option, the guarantee may be provided for the entire subdivision or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the subdivision, whichever is applicable. (b) Release. As portions of the landscape improvements are completed, the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty -five (25) percent shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. (4) Public Improvement Guarantee. In order to ensure installation of necessary public improvements plann m tied to accommodate the development, the Subdivision Agreement shall provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public facility improvements, as estimated by the County Engineer. The guarantee shall be in a form approved by the County Attorney. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed costs for that portion of the improvements except that ten (10) Percent shall be withheld until all proposed improvements are completed and approved by the County Engineer. SECTION 5 -290. MINOR SUBDIVISION A. Purpose. A Minor Subdivision shall be reviewed in accordance with the provisions of this Section for Type A and Type B Subdivisions, and Amended Final Plats. B. Definition. 1. Type A Subdivision. A Type A Subdivision is a subdivision creating not more than three (3) lots within property that has not previously been platted. 2. Type B Subdivision. A Type B Subdivision is a subdivision creating not more than three (3) lots within a legally approved subdivision, or is a subdivision of a building containing condominiums, townhomes, or duplexes, which may include the subdivision of land directly associated with that building. LAND USE REGULATIONS =i.psiwommnm,u�s�.��✓.uxr -s.co: xm :mc..a. tvva 5 -78 EAGLE COUNTY, COLORADO 11111111111111111111111111111111 IN IIIIIIII 1111 11111 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 333 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE5. ADMIMSTRATION 5-280.S developer, and a statement of proof that the subdivider has the ability to pay for such improvements; The above referenced drawings shall be labeled as Final Public Improvements drawings and shall have a signature block for the Board of County Commissioners. (c) An executed improvements agreement, off -site road improvements agreement or other agreement required by the Board of County Commissioners as a condition of Final Plat approval. (d) Adequate evidence of water in sufficient quantity for both domestic and irrigation use which shall be transferred to a legal entity which shall be established to operate such system; (e) Show compliance with Section 4 -700 regarding School Land Dedication or cash in lieu thereof. (f) Evidence that the developer has obtained a Section 404 - U.S. Army Corps of Engineers Dredge and Fill Permit, if required; (g) An approved permit for An Area or Activity of State Interest, if required. b. Procedures. Not more than twelve (12) months after approval of the Preliminary Plat for Subdivision (unless an extension has been approved pursuant to Section 5- 280.B.4.e.(4), Extension, or the Preliminary Plan specifies otherwise), the applicant shall submit to the Community Development Director an application for Final Plat for Subdivision. (1) Review of applications. The submission of an application for, determination of its sufficiency, and staff review of a hearing for a Final Plat for Subdivision shall comply with the procedures established in Section 5- 210.13, Common Procedures for Review of Applications. (2) Scheduling for Board of County Commissioners. When the application is determined complete and the Staff Report prepared, the Community Development Director shall place the Final Plat for Subdivision on the agenda of the Board of County Commissioners' next scheduled meeting for subdivision review, provided that a minimum of twenty-eight (28) days have elapsed between the date of a complete application submission and the scheduled date of the meeting. The original mylar must be submitted to the County prior to the Board of County Commissioners meeting, but a LAND USE REGULATIONS 5 -75 EAGLE COUNTY, COL D °'_ ^O c1uy5 ]Wmv[YenulmglelN.UFJ -S.CO: Nm'eAn L, 199H IIIIIIIIIII I'I'lll "'ll III "I' IIIIIIII IIII VIII III I"I 878174 12/01/1998 04:43P 370 Sara Fisher 330 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE5: ADMINISTRATTON 5 -280. SUBDIVISION need not be submitted until the day before the meeting, so the applicant can make corrections requested by the County during the review period. (3) Action by Board of County Commissioners. At the meeting on the Final Plat for Subdivision, the Board of County Commissioners shall review the Final Plat, the submittal materials, provide both County staff and the applicant an opportunity to comment, and approve or disapprove the Final Plat for Subdivision based on whether it conforms to the approval given to the Preliminary Plan for Subdivision and the standards in Section 5- 280.B.3.e., Standards., considering specifically the adequacy of required improvements and the acceptance of areas dedicated for public use and easements. C. Recordation. After the Final Plat for Subdivision is approved by the Board and all required conditions related to the Final Plat are satisfactorily addressed, the original mylar drawing shall be recorded. Failure of the applicant to record the Resolution, Final Plat and Subdivision Agreement within one hundred and eighty (180) days of its approval shall render the Resolution, Final Plat for Subdivision, and Subdivision Agreement invalid. d. Effect of approval of a Final Plat for Subdivision. (1) Length of Approval. All Final Plats for Subdivision are valid for five (5) years from the date of their issuance. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners. (2) Infrastructure Installed. If the infrastructure required to develop at least fifty (50) percent of the lots in a single phase subdivision or the infrastructure required to develop the first phase of a multi -phase subdivision is installed, the Final Plat for Subdivision shall remain valid without any further time limitation. (3) Extension. Upon written request, an extension of the Final Plat's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with obtaining approval of the Final Plat for Subdivision was beyond the applicant's control allowing reasonable time for the review process), the Final Plat for Subdivision is not speculative in nature, the Final Plat for Subdivision still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood development will be initiated on the Final Plat for Subdivision in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days LAND USE REGULATIONS 5 -76 EAGLE COUNTY, COLORADO :nsi�nu.r.m.ogmm.uxns.ro; xo.�.. v. izva (IIIIII "III "VIII VIII III IIII IIIIIIII I'll I'I'I III IIII 678174 12/01/1998 04:43P 370 Sera Fisher 331 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSTRATION 5 -280. SUBDIVISION LAND USE REGULATIONS c�nyslWmnlcG .nm.usra�N.NFr -s.co: xmzmb.. V. M8 show the name of the subdivision, date, date of survey, north arrow, and graphic scale and a vicinity map to appropriate scale. Where multiple sheets are necessary to depict the total filing, the vicinity map, legal description of the tract boundary, a key map to sheet location and all certifications and dedications need to appear on the title or cover sheet. The Final Plat shall adhere to the format and include information as follows: (a) Tract boundary lines and right -of -way lines or street lines in solid black lines; easements or other right -of -way lines in dashed lines; and lot boundaries in solid lines shall be shown with accurate dimensions to the nearest 0.01 foot. Bearings, deflection angles, arc lengths, chord bearings, chord lengths, tangent distances, and central angles of all curve shall be shown. Curve tables shall be provided on the plat. Widths and dimensions of all easements, rights -of -way, and streets shall be indicated. In addition to requirements described herein, the Final Plat shall meet all requirements established under Section 38 -51 -101, et sec., 38 -51 -105 and 38 -51 -106, C.R.S. 1973, as amended. (b) Names of all streets or roads, block letters and lot numbers shall be indicated for easy plat identification. A street address Table shall list the street address of each lot on the plat. The address number shall be placed within an oval on each lot. (See Dept. of Community Development on Street Address Numbering System). (c) The location of all major drainage channels or areas showing the boundaries of lands subject to inundation. (d) A legal description of the property with reference to the record information of the existing parcel. (e) Name of subdivision, basis of bearings, north arrow, graphic scale, and date. (f) Vicinity map at an appropriate scale, including section lines and township and range lines, where practical. (g) Certifications and information as follows: (aa) Name and address of owners of record. 5 -73 EAGLE COUNTY, COLORADO 1111111 III1I 678174 1111111 11111111 12/01/1998 IN 04:43P 11111111 I'll IN 11111111 370 Sara Fisher 328 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE5. ADMINISTRATION 5 -280. SUBDIVISION (bb) Total acreage of subdivision, total number of lots, and acreage within the subdivision devoted to each use such as single family residential, commercial, street, or open space. (cc) A reference to any protective covenants, declarations or other restrictions which shall be filed with the plat and an indication of the purpose for which sites other than residential lots are dedicated or reserved. (dd) A Certificate of Dedication and Ownership executed by the record owner(s) and all other persons having an interest in the property affected by the subdivision, including any security interest. (See Appendix A). (ee) A Title Company or Attorney's Certificate showing marketable title in the owners, subject only to the liens or encumbrances of persons executing the Certificate of Dedication and Ownership. (See Appendix A). (to Surveyor's Certificate (See Appendix A). The certificate shall be signed by a land surveyor licensed in the State of Colorado responsible for the survey and Final Subdivision Plat. (gg) An approval block for the Board (See Appendix A). (hh) The Recorder's Certificate (See Appendix A). This certificate need not be completed until after final approval. (ii) Treasurer's Certificate of Taxes Paid (See Appendix A). (2) Supplemental Requirements to be filed with Final Plat shall be as follows: (a) Two (2) copies of all the protective covenants, declarations, parry wall agreements, or other restrictions placed on the subdivision; (b) Complete engineering plans and specifications, time schedules and cost estimated for all public improvements, including erosion control and revegetation measures, "no discharge" measures to eliminate stormwater discharges, streets, access roads, drainage facilities, utility systems, bridges, landscaping and other improvements proposed or required to be installed by the LAND USE REGULATIONS 5 -74 EAGLE COUNTY, COLORADO : e, ysiwmimxma .ernmruxrs. %sor.ma. v, ivse ("III 678174 "III "1'111 IIIII 12/01/1998 111 IN 04:43P 111111111111 IN 1111 IN 370 Sara Fisher 329 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR7ICLE5: ADMINISTRA77ON 5 -280. SUBDIVISION C. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent-of such changes, and request Community Development Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5- 280.B.3.e., Standards, and recommend the application to the Board of County Commissioners. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Community Development Department input. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum present, shall either approve, approve with conditions or disapprove the application for Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan for Subdivision and whether it complies with the standards in Section 5- 280.B.3.e., Standards. Action approving a Preliminary Plan for Subdivision shall require adoption by Resolution. e. Effect of approval of a Preliminary Plan for Subdivision. (1) Effect. Issuance of a Preliminary Plan for Subdivision shall be deemed to authorize the applicant to submit to the County an application for a Final Plan for Subdivision. It shall not constitute final approval for Subdivision. (2) Length of Approval. All Preliminary Plans for Subdivision are valid for two (2) years from the date of their issuance. The Board of County Commissioners may extend these time periods. Permitted time frames do not change with successive owners. (3) Expiration. The approval of a Preliminary Plan for Subdivision by the Board of County Commissioners shall be null and void unless a Final Plan for Subdivision is approved by the Board of County Commissioners and LAND USE REGULATIONS �:��nsmam�m.ma.ogmur uer -r.m: Xm11 .. ". 1W8 5 -71 EAGLE COUNTY, COLORADO III111 11111'11"11 678174 11III 12/01/1998 III 11111111IIII MOP 1III IN 1111 IN 370 Sara Fisher 326 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ) AR77CLE 5: ADMIATSTRATION 5 -280. SURDMSION recorded in the Office of the Eagle County Clerk within two (2) years after the date of approval of the Preliminary Plan for PUD. (4) Extension. Upon written request, an extension of the life of the Preliminary Plan may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to obtain approval of the Final Plan for Subdivision was beyond the applicant's control (allowing reasonable time for the review process), the Preliminary Plan for Subdivision is not speculative in nature, the Preliminary Plan for Subdivision still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood the Final Plan for Subdivision will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Preliminary Plan for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an'extension within the time limits established by this Section shall render the Preliminary Plan for Subdivision null and void. (5) Hearing on Permit Extinction. If a Preliminary Plan for Subdivision is not extended pursuant to Section 5- 280.B.4.e.(4), Extension, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards of Subsection 5 -210 H., Extinguishment of Approvals, to determine whether to extinguish the Preliminary Plan for Subdivision. 5. Final Plat for Subdivision. a. General. The Final Plat for Subdivision shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, shall conform to the Preliminary Plan for Subdivision and shall include all changes and conditions specified thereon, and shall include the following information. A Final Plat for Subdivision may be submitted in sections covering representative and reasonable portions of the subdivision tract. In such cases, submission shall include a key map indicating the sections designated for the entire tract with each sheet numbered accordingly, including title, legend, match lines, and other appropriate information. (1) The Final Plat shall be drafted in a legible form with black waterproof ink on a permanent reproducible material such as mylar, on a sheet or sheets measuring 24 by 36 inches with clear margins measuring 2 inches on the left hand side and one -half inch on the remaining sides. The Plat shall LAND USE REGULA77ONS 5 -72 EAGLE COUNTY, COLORADO e9xp5IDNraltlienrsleag(dMtlMT5.W, N—. er W, IM Ililll "III "VIII VIII III IIII IIIIIIII IIII IIII IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 327 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRA77ON 5 -280. SUBDIWSION L The nature of the legal entity which will supply water to the proposed subdivision; ii. Evidence that the above entity is willing to service the proposed subdivision; iii. Information on present service requirements, future commitments and present water supply capabilities; iv. Information on the water rights owned and used by the above entity. 4. If it is intended that individual water systems will be provided by lot owners, a report indicating the availability of ample potable groundwater at estimated depths throughout the subdivision and the expected quality and long -term yield of such wells shall be provided by a Registered Engineer or Geologist qualified to perform such work. The cumulative effect of on -lot domestic wells shall be considered on existing water rights. bb. Sanitary Sewage Disposal - If a central sanitary sewage system is to be provided, the details of the collections system and treatment facilities shall be shown and shall include the following: 1. Treatment - Evidence that public or private sewage treatment facilities can and will provide adequate sewage treatment for the proposed subdivision if such service is to be provided by an existing district; 2. The nature of the legal entity which will own and operate the sewer system shall be described, as well as the proposed method of financing; 3. If connection is to be made to an existing sewer system, information on the existing system shall be provided; 4. If it is intended that sanitary sewage disposal will be accomplished by individual lot owners, the } LAND USE REGULATIONS 5 -69 EAGLE COUNTY, COLORADO III IN 11111111111111 11111111 IN IN 678174 12/01/1998 04:43P 370 Sara Fisher 324 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5. ADMINISTRATION 5 -280. SUBDIVISION results of soil percolation tests and maximum groundwater level data where applicable shall be furnished. Location of percolation tests shall be indicated on the plat. The percolation tests shall be performed and signed by a Registered Engineer, Geologist or Sanitarian qualified to do this work. The number and locations of tests shall be as necessary to meet requirements of the County Health Officer and the Colorado Department of Public Health and Environment, Water Quality Control Commission. cc. Underground Wiring - If underground distribution of electrical power or communication lines is proposed, a description of the system or systems shall be shown. The subdivider shall present written evidence that the utility companies involved have been advised of the proposed system and that an agreement on design has been reached. dd. Fire Protection - An adequate supply of water, and the related systems, shall be shown to comply with the guidelines of the fire district in which the proposed subdivision is located. If the land is not within the service boundaries of an existing district, then a fire protection system should be provided using generally accepted engineering practices. Subdivisions with lot sizes equal to or larger than 1 unit per 5 acres shall be exempt from this provision. (w) The following additional information will be required when applicable: 1. A completed U. S. Army Corps of Engineer's Dredge and Fill Section 404 Permit application for subdivisions which propose to modify the existing channel of navigable streams. 2. An application for an Area or Activity of State Interest when required (see Section 2 Definitions). b. Review of applications. The submission of an application for Preliminary Plan for Subdivision, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications. LAND USE REGULATIONS 5 -70 EAGLE COUNTY, COLORADO cl4p5lh inurttliemrlmglelMiWP -S.CO; M1'mvm er 33. 1998 ������� ��04-43P � � ������ IIII1IN 11111111 78174 12/ 8 325 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 7 ARTICLE5: ADMINISTRATION 5 -280. SUBDIVISION (m) Ridgeline Visual Analysis pursuant to Section 4 -450; (n) Conceptual Landscape Plan pursuant to Section 4 -220; (o) Environmental Impact Report pursuant to Section 4 -460; (p) Grading and Erosion Control Standards pursuant to Section 4- 660; (q) Soils and Vegetation report depicting soil and vegetation types and boundaries; (r) Drainage Standards pursuant to Section 4 -650; (s) Street Plan and Profiles - Plan views and centerline profile shall be plotted at a horizontal scale of 1 inch to 5 feet on sheets supplemental to the drainage plan. These plans and profiles shall show all intersections with existing streets and all existing and proposed drainage areas and easements crossing, or parallel to, the roads. Also shown will be any known areas of high water table, unsuitable soils and other geological hazards. These plans shall include a typical cross - section showing road widths, including driving surface, shoulders, curbs and gutters, barrow ditches, cut and fill slopes to the point of intersection with natural ground and the pavement structure details proposed. The plan shall include the extremities of all cut and fill areas. A supplemental sheet shall be included to detail all drainage, retaining and bridge structures to be constructed as part of the roadway; (t) Pedestrian circulation plan for trails within the subdivision and for connection to adjacent systems. Trail standards are identified in Section 4- 630.A.; (u) Drainage Study - A drainage study shall be prepared in accordance with Section 4 -650 of these Regulations. This study shall include a contour map showing all existing and proposed water courses, including the seasonal course - limits of tributaries, indicating the surface conditions and locations of points of departure from the development. This study shall include computations of 10 -year flows and 100 -year floodplain plotted on the contour maps. The drainage study shall also include computations of the increase or decrease in flows anticipated as a result of the development, the capacity and velocity through all drainage structures, including open channels and the revised LAND USE REGULATIONS 5 -67 EAGLE COUNTY, COLORADO d` . ➢SINUmlrlimulenBlelNrLLPRS.CO; Nunm5rr33, 19➢8 I"III "III "I'III "'ll III IN 111111111111 IN II'I IN 678174 12/01/1998 04:43P 370 Sara Fisher 322 of 405 R 0.00 D 0.00 N 0.00 Eagle Co a AR77CLE 5: ADMINISTRATION 5 -280. SUBDIVISION floodplains shall be plotted on a contour map. In no case shall the area within the 100 -year floodplain be used for structural development without specific approval of the Board. In no case will a development be allowed to affect either the location of discharge, magnitude, depth, slope of stream bed, or velocity of drainage flows upstream or downstream from the development or the stream channel slope within the development unless part of an approved floodplain protection plan; (v) Preliminary Utility Plan, pursuant to Section 4 -670, 4 -680 and 4- 690, on a plan supplemental to and at the same scale as the Preliminary Plan, to include the following: aa. Water Supply - If a central water supply and distribution system is to be provided, the details of the system shall be shown and shall include the following: 1. Source - Adequate evidence prepared by a Registered Engineer that a water supply that is sufficient in terms of quality, quantity and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed. i. Evidence of ownership or right of acquisition of or use of existing and proposed water rights. ii. Historic use and estimated yield of claimed water rights. iii. Amenability of existing rights to a change in use. iv. Evidence confirming the potability of the proposed water supply for the subdivision. 2. The nature of the legal entity which will own and operate the water system shall be described as well as the proposed method of financing. 3. If connection is to be made to an existing system, as a minimum, the following information shall be provided: LAND USE REGVLA77ONS - 5 -68 EAGLE COUNTY, COLORADO clxy5lWamIN'e ^uWgtelNrL1FT3.N; November 3i, 1MB , I I"III 878174 "III "1'111 "'II 12/01/1998 111 IN 04:43P 11111111 I'II I"' IIII IN 370 Sara Fisher 323 of 405 R 0.00 D 0.00 N 0.00 Eagle CO rte, J i } ARTICLE 5: ADMINISTRATION 5 -280. SUBDIVISION (5) Hearing on Permit Extinction. If a Sketch Plan for Subdivision is not extended pursuant to Section 5= 280.13.31(4), Extensio n, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards Subsection 5- 210.H., Extinguishment of Approvals, to determine whether to extinguish the Sketch Plan. 4. Preliminary Plan for Subdivision. a. Application Contents. An application for a Preliminary Plan for Subdivision shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: (1) Preliminary Plan maps shall be drafted in a preliminary fashion scaled and dimensioned to the nearest foot; construction details requested for street, utility, erosion control facilities or other public improvements should be drawn in sufficient detail to fully represent the intentions of the subdivider with regards to the type, materials and location of the proposed improvements. . Maps and plans submitted shall be to the scale, as follows: Subdivision Lot Area Less than 10,000 sq.ft. 10,001 sq.ft. - 2 acres 2.01 acres- 5 acres More than 5 acres Scale 1" = 50 or less feet 1" = 100 or less feet 1" = 200 or less feet Scale shall be consistent with clarity of depicted information and Final Plat Sheet size (24' x 36 ") (2) The following maps and information shall be required and shall conform to the format and inclusions which follow: LAND USE REGULATIONS c�wps�wum�nirnraenr�nWiL4P !].CO: Nmrm "". ma (a) Preliminary information sufficient to indicate that the Final Plat will meet requirements established under Section 38 -51 -101, et sec., and 38 -51 -106, C.R.S. 1973, as amended, Land Survey Plat, as amended; (b) North arrow, graphic scale, date of plat preparation (and of revisions thereto) and contour interval; (c) Boundary lines with bearings and distances, plus a property description of the tract proposed for subdivision; said property description shall be a metes and bounds description unless an 5 -65 EAGLE COUNTY, COLORADO IIIIII IIIII 678174 lllllll "III 12/01/1998 III Illl 04 :43P Illlllll IIII III) 1111 IN 370 Sara Fisher 320 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5.• ADMINISTRATION 5 -280 SUBDIVISION acceptable parcel description identifies the property as the subject of a previously recorded survey and shall be certified by a Registered Land Surveyor; (d) Departing property lines and owners of record of all parcels adjoining the proposed subdivision, including parcels separated therefrom only by a public right -of -way; (e) Existing contours at 5 foot intervals (within 2.5 ft accuracy) on all portions of the land proposed for development to either public or private use, to 10 foot intervals (within 5 ft. accuracy) for all areas to remain in their natural state. All contour lines shall be. accurate to within 50 percent of the interval. Areas sloping less than 2 percent shall have 2 -foot contour intervals (with 1 ft. accuracy); (f) Street names and a block and lot numbering system shall be shown; (g) Approximate area and use of each lot; (h) Sites or facilities to be reserved or dedicated for.public parks, open space, schools or other public uses and the proposed terms and managing agencies for such reservations and dedications; (i) Common open space not reserved or dedicated to the public; (j) A vicinity sketch plan normally drawn at a scale of 1 inch = 1,000 feet, although if such maps are not available, a U.S.G.S. map, 1:24,000 scale may be accepted. The vicinity sketch shall depict tract lines and names of all abutting subdivisions, the location of streets, highways, natural streams and wetlands within an area of approximately one -half mile of the proposed subdivision tract; the location of all adjacent utility systems within an approximate half -mile area minimum, the natural drainage courses for streams flowing through the proposed subdivision with the limits or tributary areas shown where this is reasonable. All maps submitted in accordance with this sub - section shall include clear indications of the section, township and range containing the lands which area the subject of the maps; (k) Wildlife Analysis pursuant to Section 4 -410; (1) Geologic Hazards Analysis pursuant to Section 4 -420; LAND USE REGUL477ONS 5 -66 EAGLE CO UAW,, COLORADO :�.ynwarmrmnuginw.uxrsca: Ho.,a.. v. Anne 111111 878174 "III "1'111 11111 12/01/1998 111 IN 04:43P 111111111111 IN 11111111 370 Sara Fisher 321 of 405 R 0.00 D 0.00 N 0.00 Eagle Co 1 .. 1 ARTICLE 5_ ADMINISTRATION 5 -280. SUBDMSION shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the application, considering whether conceptually it is consistent with the standards in Section 5- 280.B.3.e., Standards. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for Sketch Plan. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public testimony given at the public hearing. ' After the close of the public hearing, the Board of County Commissioners, by a majority vote, shall either approve, approve with conditions, or disapprove the application, considering whether conceptually it is consistent with the standards in Section 5- 280.B.3.e., Standards. e. Standards. The Subdivision shall comply with the following standards: (1) Consistent with Master Plan. The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan; (2) Consistent with Land Use Regulations. The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shall Be Efficient. The' proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. LAND USE REGULATIONS e:Iwpslwarnlcu'enrstrosretutW -5.CO; NalwmoA.]WH (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under -sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities 5 -63 EAGLE COUNTY, COLORADO IIIIII 878174 "III IIIIIII IIIII 12/01/1998 III IN 04:43P IIIIII" III IIII 1111111 1111 370 Sara Fisher 318 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLES' ADMINISTRATION -280 SUBDMS /ON can be provided, rather'than incrementally extending a single service into an otherwise un -served area. (4) Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man -made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible With Surrounding Uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. f. Effect of Approval of Sketch Plan for Subdivision. (1) Effect. Issuance of a Sketch Plan for PUD shall be deemed to authorize the applicant to submit to the County an application for a Preliminary Plan for Subdivision. It shall not constitute final approval for the PUD. (2) Length of Approval. All Sketch Plans for Subdivision are valid for two (2) years from the date of their issuance. The Board of County Commissioners may extend these time periods. Permitted time frames shall not change with successive owners. (3) Expiration. The approval of a Sketch Plan for Subdivision by the Board of County Commissioners shall be null and void unless a Preliminary Plan for Subdivision is approved by the Board within two (2) years after the date of approval of the Sketch Plan. (4) Extension. Upon written request, an extension of the Sketch Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates that failure to obtain approval of a Preliminary Plan for Subdivision was beyond the applicant's control (allowing reasonable time for the review process), the Sketch Plan is not speculative in nature, the Sketch Plan still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood the Preliminary Plan for Subdivision will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Sketch Plan is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Sketch Plan null and void. LAND USE REGULATIONS 5 -64 EAGLE COUNTY, COLORADO clxy9Wnm1 <(im41<v8 «INrLIFJ -T.CO: A'memDer H. )S9H IIIIII "III "IIIII'I'I' I'I I'I"II'I"I II' IIII VIII IIII ,.._. 678174 12/01/1998 04:43P 370 Sara Fisher 319 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ,x j ,i ART7CLE5: ADMINISTRATION - 5 -280. SUBDIVISION party in interest in such proceeding for the purpose of rasing the issue of evasion prior to the entry of the court order; d. Creation of lien, mortgage, deed of trust, or other security instrument. The division of land that creates an interest in land such as a lien, mortgage, deed of trust, or other security instrument; e. Creation of security or unit of interest. The division of land that creates a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity; f. Creation of cemetery lots. The division of land that creates cemetery lots within a cemetery; g. Creation of oil, gas, mineral or water interests. The division of land that creates an interest or interests in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property; h. Creation of joint tenancy or tenancy in common. The division of land that creates by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of these Land Use Regulations as only one interest; i. Consolidation. The division of land that results in the consolidation of contiguous parcels of land into one larger parcel; j. Option to purchase. The division of land that creates by a contract concerning the sale of land that is contingent upon the p'urchaser's obtaining approval to subdivide the land that is to be acquired pursuant to the contract; k. Division of land prior to April 6, 1964. The division of land that was created prior to April 6, 1964. 3. Sketch Plan for Subdivision. a. Initiation. Applications for a Sketch Plan for Subdivision may be submitted at any time to the Community Development Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for Subdivision is proposed, or their authorized agent. Prior to submission of an application for a Sketch Plan for Subdivision, an applicant should hold a preapplication conference with the Community Development Director pursuant to Section 5- 210.C., Preapplication Conference. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: LAND USE REGULATIONS 5 -61 EAGLE COUNTY, COLORADO r rmysiwmm<rt.mas��w.uxr -sco: xm.,w.. v. rvca IIIIIIII III MIN II IN 678174 12/01/1998 04:43P 370 Sara Fisher 316 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLES: ADMINISTRATION 5 -280 SUBDIVISION (1) Tract boundary, block and lot pattern with the area and use of lots indicated by note. (2) Street and pedestrian circulation system with gradients and widths indicated by note; the relationship of proposed streets and paths to existing streets, and paths, both on and adjoining the Sketch Plan site, including proposed street access to a public highway, shall be shown. (3) Existing development on the subject and adjacent property shall be shown. (4) Soil types based upon the National Cooperative Soil Survey, U.S.D.A., Soil Conservation Service, as well as interpretations of soil types. Vegetation shall be described and tree masses, live and intermittent streams, floodplains, water bodies, dry washes, springs and wetlands shown. (5) A survey and report on the general geological, drainage, wildlife, wildfire, minerals, radiation and other conditions on the subject of adjacent property which could affect development on the subject property; the survey shall include information and recommendations of reports referred to in Article 4 of these Regulations and pertinent reports on file in the office of the Planning Department. Equal attention should focus on the potential effects of the proposed development upon the above conditions of contiguous and adjacent property. (6) Source of water; (7) Method of sewage disposal. (8) Other materials. Such other materials as may be necessary to fully evaluate the compliance of the proposed Sketch Plan with these Land Use Regulations and as required pursuant to Article 4, Site Development Standards. b. Review of applications. The submission of an application for, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for a Sketch Plan for Subdivision shall comply with the procedures established in Section 5- 210.1), Common Procedure for Review of Applications. C. Review and recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for Sketch Plan. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission LAND USE REGULATIONS 5 -62 EAGLE COUNTY, COLORADO cIV51W laldl ukaslalWrU - -5.CO. N—x uV, IWA IIIIII 11111 678174 I'I'1II 11'11 12/01/1998 111 IN 04:43P III'I"I III 111111111111111 IN 370 Sara Fisher 317 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5' ADMINISM77ON 5 -280. SUBDIVISION SECTION 5 -280. SUBDIVISION A. Purpose and intent. The purpose of this Section is to establish the minimum standards for the division of land and improvement of that land in unincorporated Eagle County: 1. General. Establish reasonable and equitable procedures and standards for the subdivision of land. 2. Safe and convenient traffic circulation. Require the provision of safe and convenient vehicular and pedestrian traffic circulation. 3. Adequacy of public facilities. Ensure that public facilities are available to serve development. 4. Conserve and manage natural resources. Conserve and manage natural resources. 5. Minimize air and water pollution. Minimize the impacts of air and water pollution and the degradation of land. 6. Open Space. Provide for open space and recreational land through efficient and appropriate subdivision design. 7. Consistency with Master Plan and Land Use Regulations. Guide future growth and -f` development consistent with the Master Plan and these Land Use Regulations. 8. Safety from fire, flood, and other disasters. Maintain or improve safety from fire, flood and other potential disasters. 9. Adequate light, air, and privacy. Provide adequate light, air, and privacy for land uses. 10. Recordation. Ensure that the subdivision of lands is recorded with proper legal descriptions and monuments. B. Procedures. 1. Overview of Procedures. Unless exempted pursuant to Section 5- 280.B.2, Exemptions, prior to the division or transfer of land within unincorporated Eagle County, an applicant shall obtain approval for a Sketch Plan, Preliminary Plan and Final Plat for Subdivision pursuant to the procedures and standards of this Section. a. Sketch Plan. The purpose of sketch plan review is for the applicant, the County and the public to evaluate and discuss the basic concepts for development of the proposed subdivision, and to consider whether there are any alternative concepts the applicant should explore. It is the time when a determination should be made LAND USEREGUL47YONS 5 -59 EAGLE COUNTY. COLORADO Y a:IxyS /Vmnlclirm4v8lANdLPFS.CO; Rmrmbn L. l.NB I' I I I I I I I I I I I" I I I I 'III "' 1 IN I I' l l I I' I III I I I I I I I' I I I I 678174 12/01/1998 04:43P 370 Sara Fisher 314 of 405 R 0.00 0 0.00 N 0.00 Eagle CO AR7ICLE5: ADMINISTRATION 5 -280 SUBDIVISION as to whether the proposed subdivision complies with these Regulations and is consistent with the Eagle County Master Plan and is generally compatible with surrounding land uses. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and cominercial space for development; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on -site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive final subdivision approval from the County. b. Preliminary Plan. The purpose of preliminary plan review is for the applicant to respond to the planning and development issues and concerns identified during sketch plan review and to formulate detailed, properly engineered solutions to those issues and concerns. The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. C. Final Plat. The purpose of final plat review is for the applicant to submit a permanent, comprehensive and accurate public record of the subdivision, including the precise size, shape and location of lots, blocks, streets, easements, open spaces and other parcels of land within the development, together with all applicable covenants, conditions, use restrictions and design and development standards. The final plat shall conform in all respects to the preliminary plan approved by the County and shall incorporate all modifications and conditions imposed by the Board of County Commissioners. 2. Exemptions. Unless the method of disposition is adopted for the purpose of evading this Section and these Land Use Regulations, the following development is exempted from the procedures and standards of Section 5 -280, Subdivision: a. Division of land into parcels of 35 acres or more. The division of land in such a way that it results in parcels of thirty-five (35) acres or more, however, compliance with 38 -51- 101(5)(6) C.R.S. shall occur; b. Rural Land Use Process. Development undertaken in the Resource (R) zone district pursuant to Section 3 -310 B.2.a, Cluster Development Option A, which establishes a rural land use process, as authorized by C.R.S. 30 -28 -101 (10)(c) M. C. Division of lands by courts. The division of land created by any court in the State of Colorado pursuant to the law of eminent domain, or by operation of law, or by order of any court of the State of Colorado, if the Board is given timely notice of any such pending action by the court and given opportunity to join as a LAND USE REGULATIONS 5 -60 EAGLE r. LyS /WC1alAlemaimBldWaART -S.CO; Nonm5.r]3, /flJp 1 111111 11111 1111111 IIIII III 11 678174 12/01/1998 04:43P 315 of 405 R 0.00 D 0.00 111111 111 1111111 II III 370 Sara Fisher N 0.00 Eagle CO ARTICLE5• ADMINISTRATION 5 -270. SUBDE IONEXEMMON Standards. Any person seeking a variance from the improvement standards shall file an application with the Community Development Director, or shall consolidate said application with any other application the applicant is submitting. The application shall be determined sufficient, and a staff report prepared pursuant to Section 5- 210.1), Common Procedure for Review of Applications. 2. Standards. In determining whether to approve, approve with conditions, or disapprove the application for Variance to Improvement Standards, the Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. In approving or approving with conditions said Variance, the Board of County Commissioners may impose such conditions that are necessary to ensure compliance with the terms of this Subsection, these Regulations, and the Master Plan. SECTION 5 -270. SUBDIVISION EXEMPTION A. Exemptions approved by the Board of County Commissioners. The Board of County Commissioners may, pursuant to a Resolution duly adopted at a public meeting, exempt from the provisions of this Section 5 -280, Subdivision, any division of land, if it is determined that: 1. Not within purpose of Section. Such division is not within the purposes of Section 5 -280, Subdivision. Such divisions may include, but are not limited to, divisions that: a. Condemnation. Could be created pursuant to powers of condemnation; b. Perpetual Open Space. Would result in property division for the purpose of perpetual open space; or C. Pre - Existing Lots. Were created and established in the records of the Clerk and Recorder prior to August 22, 1984 notwithstanding compliance with Eagle County Land Use Regulations in existence at the time of the creation of the parcels. 2. Adequate access, potable water and sewage is available. Adequate access, potable water and sewage facilities are available. B. Procedure. 1. Initiation. An application for exemption from Subdivision may be submitted at any time to the Community Development Director by the owner or any other person having a written recognizable interest in the land for which the exemption is requested. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following additional materials: LAND USEREGULATIONS 5 -57 EAGLE COUNTY, COLORADO _...� c9x9J! oralcYmv4u8tdWNRPJ.CO; A'avrmdrr 33, I9A4 I"III IIIII III'lll HE III IN III'll'I III 1111111111111 11 IN 678174 12/01/1998 04 :43P 370 Sara Fisher 312 of 403 R 0.00 D 0.00 N 0.00 Eagle CO AMCLE5. ADMINISTRATION 5 -270. SUBDTMIONEXEMP77ON' a. Survey. A certified survey of the parcel, including legal description which meets the minimum requirements of a Land Survey Plat pursuant to 38 -51 -106 C.R.S. Additionally, all record and apparent rights -of -way and easements shall be indicated on the plat. Monumentation shall be shown pursuant to 38 -51 -108 C.R.S. b. Access. Demonstration that the proposed exemption has legal and physical access to a public street or right -of -way by conventional vehicle. C. Water Supply. Demonstration that the land proposed for exemption will be provided a legal, physical, adequate and dependable potable water supply. d. Wastewater Disposal. Demonstration that the land proposed for exemption will be provided a wastewater disposal system, or other lawful means of disposing of human wastes that complies with all applicable public health laws. e. Hazards. Satisfactory evidence demonstrating that the exemption will not create hazards and the lot will contain a safe, adequate building site. 2. Review of application. The submission of an application for, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for an exemption from Subdivision shall comply with the procedures established in Section 5.210.1), Common Procedure for Review of Applications. C. Action by Board of County Commissioners. The Board of County Commissioners shall conduct a public hearing on an application for Exemption to Subdivision. At the public hearing the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the public hearing, the Board of County Commissioners shall approve or disapprove the Exemption for Subdivision based on whether: the division is within the purposes of Section 5 -280, Subdivision; adequate access, potable water, and sewage are available; and whether the exemption will not create hazards and the lot will contain a safe, adequate building site. 11111111111111111111111 678174 12/01/1998 III IN 04:43P III 111111111111111 IN 370 Sara Fisher 313 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 5: ADMINISTRATION 5 -260. VARIANCES approve with conditions, or disapprove a Variance Permit based on the standards in Section 5- 260.13, Standards. B. Standards. In order to authorize a Variance Permit, the Zoning Board of Adjustment shall find there is competent evidence that all of the following standards have been met: 1. Special circumstances exist. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of County regulations or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under these Land Use Regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. In determining whether difficulties to, or hardship upon, the owner of such property exist, as used in this paragraph (a), the adequacy of access to sunlight for solar energy devices installed on or after January 1, 1980, may properly be considered. Regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. 2. Not result of applicant. The special circumstances and conditions have not resulted from any act of the applicant; 3. Strict application deprives reasonable use. The special circumstances and conditions are such that the strict application of the provisions of these Land Use Regulations would result in peculiar and practical difficulties to and exceptional and undue hardship upon the use of the land or building; 4. Variance is necessary to provide reasonable use. The granting of the Variance is necessary to relieve the applicant of the practical difficulties and exceptional and undue hardship in the use of the land or building. 5. Variance. The granting of the variance is necessary to relieve the practical difficulties and exceptional and undue hardship in the use of the land or buildings. 6. Not detrimental to the public good. The granting of the Variance will not be a detriment to the public good. Impairment of the Zoning Plan and Resolution. The granting of the Variance will not substantially impair the intent and purpose of the zone plan and the zoning resolutions. LAND USE REGULATIONS r: IxyS /LNrnlr(imu4a8frlNrLrARS.CO: NOV "". M8 5 -55 EAGLE COUNTY, COLORADO 111111 11III 678174 111'111 I"II 12/01/1998 III IN 04:43P III1IllI I" 1111111 II 1111 370 Sara Fisher 310 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r +\p 1 ARTICLE 5: ADMINISTRATION 5 -260 VARIANCES C. Conditions and restrictions. Conditions and restrictions. The Zoning Board of Adjustment may, in approving the Variance Permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the general goals, objectives, and policies of the Master Plan and these Land Use Regulations to prevent or minimize adverse effects from the proposed Variance on other lands in the neighborhood and on the general health, safety, and welfare of the County. 2. Conditions in development permit. All conditions imposed upon any Variance Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Variance Permit. D. Effect of issuance of a Variance Permit. 1. General. Issuance of a Variance Permit shall be deemed to authorize only the particular development for which it is issued. A Variance Permit shall run with the land. 2. Time limitations. All Variance Permits shall expire three (3) years from the date of issuance if no Building Permit has been issued to establish the use authorized in the Variance Permit, or if the use does not require a Building Permit, the use is established, ongoing, and in operation. Permitted time frames do not change with successive owners. Upon written request, one (1) extension of time may be granted by the Zoning Board of Adjustment for a period not to exceed six (6) months for good cause shown. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Variance Permit is to expire. Failure to submit an application for an extension within the time limits established by this Section shall render the Variance Permit null and void. E. Subsequent development permits. Development of the Variance shall not be carried out until the applicant has secured all other development permits required by these Land Use Regulations. A Variance Permit shall not ensure that the development approved as a Variance shall receive subsequent approval for other applications for development unless the relevant and applicable portions of these Regulations are met. F. Amendment to Variance Permit. A Variance Permit may be amended, extended, varied or altered only pursuant to the standards and procedures for the original approval of a Variance Permit pursuant to this Section. G. Variance from Improvement Standards. 1. General. The Board of County Commissioners shall have the authority to approve, approve with conditions, or disapprove variances from Article 4, Division 6, Improvement LAND USE REGULATIONS 5 -56 EAGLE COUNTY, COLORADO : �,nriwa,mm.,m.sinc�.uer -s.ca: Nm:ms,.V, IM VIII1 678174 VIII "1'111 VIII 12/01/1998 III IN 04:43P IIIIIIII III 1111111 111111 370 Sara Fisher 311 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ra ARTICLE 5: ADMIMSTRATION 5 -250. SPECIAL USES E. Effect of issuance of a Special Use Permit. General. Issuance of a Special Use Permit shall be deemed to authorize only the particular use for which it is issued. A Special Use Permit shall run with the land. 2. Time limitations and extension of permit /expiration. a. General. All Special Use Permits are valid for three (3) years from the date of their issuance: (1) A Special Use established and ongoing during this three year period is valid for the life of the Special Use. (2) If a Building Permit is issued during the three year period of time, the special use permit shall be extended for the life of the Building Permit. (3) If the Special Use is established and ongoing at the conclusion of the Building Permit, then the Building Permit is for the life of the Special Use. (4) Any Special Use Permit granted for a use that is temporary and has received conditional approval limiting the length of its approval shall only be valid for the time period specified in the Permit. Permitted time -' frames shall not change with successive owners. b. Extension. Upon written request, an extension of the permit's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with development of the Special Use was beyond the applicant's control, the Special Use is not speculative in nature, the Special Use still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood that the Special Use will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date that the Special Use is to expire. C. Hearing on Permit Expiration. If a Special Use Permit is not extended either by the issuance of a Building Permit or other development activity pursuant to Section 5- 250.E.2.a., General, or by an extension pursuant to Section 5- 250.E.2.b., Extension, the Board of County Commissioners shall initiate a hearing pursuant Subsection 5 -210 H., Extinguishment of Approvals, to determine whether to extinguish the Special Use Permit. LAND USE REGULATTONS 5 -53 EAGLE COUNTY, COLORADO .. r c:Ixy314Wm1cllmu1m84VdrNflT3.CO; A'orcmJer 3i, 19J.4 I"III I'lll III'lll II'll III IN IIIIIIII II' IIIII'I'I IN 678174 12/01/1998 04:43P 370 Sara Fisher 308 of 405 R 0.00 0 0.00 N 0.00 Eagle CO F a ARTICLE 5: ADMINISTRATION 5 -260. VARIANCES F. Minor. deviations. Minor deviations from a Special Use Permit may be approved by the Community Development Director. Authorized minor deviations are those that appear necessary in light of technical or engineering considerations first discovered during actual development and are not reasonably anticipated during the initial approval process, as long as they comply with the standards of these Land Use Regulations. Minor deviations shall include minor changes in the building footprint or relocation of infrastructure (roads and water or sewage lines) so long as the relocation complies with the conditions of the Special Use Permit and these Land Use Regulations. Minor deviations shall not include changes in the amount of open space, square footage, wildlife habitat protection, or buffering. All changes not qualifying as minor deviations shall be considered amendments and shall comply with Section 5- 250.G., Amendment to Special Use Permit. G. Amendment to Special Use Permit. A Special Use Permit may be amended, extended, varied or altered only pursuant to the standards and procedures for the approval of the original Special Use Permit pursuant to this Section. SECTION 5 -260. VARIANCES This Section sets forth the procedures and conditions for a Variance Permit from the standards of these Land Use Regulations. Variances are deviations from the terms of these Land Use Regulations that would not be contrary to the public interest when owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property, the literal enforcement of the provisions of these Land Use Regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owners of the property. A. Procedure. 1. Initiation. Applications for a Variance Permit may be submitted at any time to the Community Development Director by the owner, or any other person having a recognizable interest in the land for which the Variance is proposed, or their authorized agent. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and shall also contain a drawing of the site, showing existing and proposed features and those limitations of the underlying zone district that are relevant to the review of the proposed variance. 2. Review of Applications. The submission of an application for a Variance Permit, determination of its sufficiency, staff review of, and scheduling of a public hearing for an application for a Variance Permit shall comply with the procedures established in Section 5- 210.1), Common Procedure for Review of Applications. 3. Decision of Zoning Board of Adjustment. The Zoning Board of Adjustment shall conduct a public hearing on an application for a Variance Permit. At the public hearing, the Zoning Board of Adjustment shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the public hearing, the Zoning Board of Adjustment shall render a decision either to approve, LAND USE REGULATIONS 5 -54 EAGLE COUNTY, COLORADO pdySlWOmlo�imrf�mBitlN.URT -5.<O: A'mem6n 33, 1998 111111 II1111111111 678174 VIII 12/01/1998 111 IN 04:43P 11111111 III 1111111111111 370 Sara Fisher 309 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSTRITION 5 -250. SPECIAL USES 4. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a'Special Use Permit. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions, or disapprove the application based on the standards in Section 5- 250.B, Standards. B. Standards. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit. 1. Consistent with Master Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 5. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. } LAND USE REGULATIONS 5 -5I EAGLE COUNTY, COLORADO .t `- c�xp5lWmvltlien4kvgklNiWIR5.00: A'mxmbn 3; /SYR 111111 11111 111'111 11III 111 IN III'I"I 111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 306 of 405 R 0.00 D 0.00 N 0.00 Eagle CO rtrrr[NRatc�i�aamFrrtaur[��r� m� 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. 8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. C. Conditions and restrictions. The Planning Commission may recommend and the Board of County Commissioners may, in approving the Special Use Permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the general purposes, goals, objectives, and policies of the Master Plan, the PLUM of the Master Plan, and these Land Use Regulations, to prevent or minimize adverse effects from the proposed development on surrounding land uses and on the general health, safety, and welfare of the County. The County shall be authorized to set limits on the length of any Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Special Use Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Special Use Permit. D. Collateral. As a condition for granting a Special Use Permit, the applicant may be required to post a performance bond in an amount sufficient to insure completion of the development or required public improvements, including landscaping or any required off -site improvements. In such case, the applicant shall file with the Community Development Director a surety or cash bond, letter of credit, or other collateral recommended by the County Engineer and approved by the County Attorney. The collateral shall be approved by the Board of County Commissioners to insure the actual construction of such development or required improvements within such period of time as may be determined by the Board of County Commissioners. Upon completion of the development or required improvements, the applicant shall obtain certification from a professional Engineer or Landscape Architect, whichever is appropriate, certified by the State of Colorado that the improvements have been constructed in accordance with the approved plan. Upon receipt of this certification, the County Engineer shall release the security within seven (7) calendar days. If the security provided by the applicant is not released, refusal to release and the reasons therefore shall be given to the applicant in writing by the County Engineer. 111111111111111111 HE III IN 11111111 III 111111 III 1111 678174 12/01/1998 04:43P 370 Sara Fisher 307 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5 -52 EAGLE COUNPY, COLORADO a' 9xy51WUlalrlimu4o81ANrL4PT5.00; A'aremb.r N. 119 /j r t ARTICLE5� ADMINISTRATION 5 -240 PLANNED UNTTDEVELOPMENT IPUDI DISTRICT assessment shall be a lien against the property. responsible for the same, enforceable the same as a mortgage against such property. The County may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 1111111"III"1' 11111'11111 IN 11111111111111111"11111 678174 12/01/1998 04:43P 370 Sara Fisher 304 of 406 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5 -49 EAGLE COUNTY, COLORADO < n ,yvummm<mimarnmuxrr. %xo�a..z+, rrsa ARTICLE 5: ADMIMSTRATION 5 -250. SPECIAL USES SECTION 5 -250. SPECIAL USES Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. A. Procedure. 1. Initiation. Applications for Special Use Permits may be submitted at any time to the Community Development Director, by the owner or any other person having a recognizable interest in the land for_which the Special Use is proposed, or their authorized agent. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following materials: a. Site Plan. A detailed site plan of the property, drawn to scale, showing all existing natural and man -made features and the proposed development of the property. The site plan shall be accompanied by a landscape plan that conforms to the requirements of Section 4 -220, Landscape Plan. b. Written Description. A written description of the proposal, in sufficient detail to describe the nature of the proposed use, how it will be operated, and how its impacts on surrounding properties will be minimized and mitigated. C. Other Materials. Such other materials as may be necessary to fully evaluate the compliance of the proposed special use with these Land Use Regulations and as required pursuant to Article 4, Site Development Standards. 2. Review of applications. The submission of an application for a Special Use Permit, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for a Special Use Permit shall comply with the procedures and standards established in Section 5- 210.1), Common Procedure for Review of Applications. 3. Recommendation of Planning Commission. After receipt of the Staff Report, the Planning Commission shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public information given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present, shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the application for a Special Use Permit based on the standards in Section 5- 250.B, Standards. LAND USE REGULATIONS 5 -50 EAGLE COUNTY. COLORADO ` cwyvaomimma.smuuxrs.co; rco..ma.. r. isva - I illlll VIII IIIIIII VIII III IIII IIIIIIII III IIIIII III IIII 678174 12/01/1998 04:43P 370 Sara Fisher 305 of 405 R 0.00 D 0.00 N 0.00 Eaglo CO %3 AR77CLE5, ADMINISTRATION 5 -246. PLANNED UNTTDEVELOPMENT (PUD) DISTRICT In addition to the above requirements a Preliminary Plan for PUD may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval. G. Enforcement of PUD. 1. General. The provisions of a Resolution approving a Planned Unit Development (PUD) District designation, a Preliminary Plan for PUD, PUD Guide and PUD Agreement, relating to the use of land and the location of common open space shall run in favor of the County, and shall be enforceable at law or in equity by the County, without limitation on any power or regulation otherwise granted by law. 2. Residents. All provisions of the Resolution approving a PUD District designation, Preliminary Plan for PUD, PUD Guide and PUD Agreement shall also run in favor of the residents, occupants, and owners of the PUD, but only to the extent expressly provided in the Resolution and in accordance with the terms of the Preliminary Plan for PUD. To that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants, or owners acting individually, jointly, or through an organization designated in the Resolution to act on their behalf. However, no provision of the Resolution shall be implied to exist in favor of residents, occupants, and owners except those provisions of the Resolution which have been finally approved by the Board of County Commissioners. 3. Release by County. All those provisions of the Resolution approving a PUD District designation or a Preliminary Plan for a PUD authorized to be enforced by the County, may be modified, removed or released by the County subject to the following: a. Enforcement. No modification, removal or release of the provisions shall affect the rights of the residents, occupants, and owners of the Planned Unit Development (PUD) to maintain and enforce these provisions at law or equity as provided in Section 5- 240.G.2., Residents. b. Procedure. No substantial modification, removal or release of the provisions of the Resolution by the County shall be permitted except pursuant to Section 5- 240.F.m., Amendment to Preliminary Plan for PUD. 4. Release by residents. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Resolution, modify, remove or release their rights to enforce the provisions of the Resolution, but no such action shall affect the right of the County to enforce the Resolution. 5. Enforcement of open space and common area conditions. In the event the organization established to own and maintain common open spaces, recreation areas, communally- owned facilities and private streets, or any successor organization shall at any time fail to 'S LAND USE REGULATIONS 5 -47 EAGLE COUNTY, COLORADO __,. ,.i oau ➢SIWa/nlclimhkoPlrlNiUN( -S.fA: NnvrMr 15. 19YN III IN IIIIIIII 111111111111 IN 878174 12/01/1998 04:43P 370 Sara Fisher 302 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSTRATION 5 -240. PLANNED UMT DEVELOPMENT (PUD) DISTRICT maintain the common facilities in reasonable order and condition in accordance with the approved Common Open Space and Recreation Areas Plan in the Preliminary Plan for PUD, the Community Development Director may cause written notice to be served upon such organization or upon the owners of land in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable conditions, which notice shall include the demand that the deficiencies noted be cured within thirty (30) calendar days. The notice shall state the date and place of hearing to be held within fourteen (14) calendar days of notice. a. Remedies Authorized. At the time of hearing, the Community Development Director may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the Community Development Director, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Any failure of the Community Development Director to act for any period of time shall not bar his action. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. b. Show Cause Hearing. Before expiration of the one (1) year period, the Community Development Director shall take the initiative, or shall upon the written request of the organization responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the Planned Unit Development (PUD). At such hearing, the organization responsible for maintenance and /or the residents of the development may show cause why maintenance by the County should not be continued for the succeeding year. C. Continuing Maintenance. If the Board of County Commissioners determine that it is not necessary for the County to continue such maintenance, the County shall cease such maintenance at the time established by the Board of County Commissioners. Otherwise, the County shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of County maintenance shall be paid by the owners of properties within the PUD that have a right of enjoyment of the common open space. The cost of County maintenance and any unpaid assessments shall become a tax lien against the common facilities of, and the private properties within, the PUD. d. Assessments. The County shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid LAND USE REGULATIONS 5-48 EAGLE COUNTY. COLORADO alxy5O fa1cJ1enUWg(e1Wrl -5. CO. No.xmber D. 109 II'III 678174 VIII "1'111 II'II 12/01/1998 III IN 04:43P IIIII'll III 111111 III IN 370 Sara Fisher 303 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 1 ,y ARTICLES : ADMIMSTRATION 5 -240. PLANNED UMTDiVfLOPMENT (PUD) DISTRICT i. Placement on Official Zone District Map. After approval of a Preliminary Plan for PUD, the Community. Development Director shall amend the Official Zone District Map to show a PUD zone district designation. j. Recordation. The Preliminary Plan for PUD, PUD Guide and Planned Unit Development Agreement shall be recorded in the office of the Eagle County Clerk and Recorder, and shall be binding upon the landowners subject to the Resolution and Preliminary Plan for PUD, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the Preliminary Plan for PUD, PUD Guide and Planned Unit Development (PUD) Agreement. Failure of the applicant to record the Resolution, Preliminary Plan for PUD, PUD Guide and PUD Agreement within one hundred and eighty (180) calendar days of its approval shall render the Resolution, Preliminary Plan for PUD, PUD Guide and PUD Agreement invalid and the property shall return to its prior zoning designation. k. Effect of approval of a Preliminary Plan for PUD. (1) Effect. Issuance of a Preliminary Plan for PUD shall constitute an amendment to the Official Zone District Map. It shall also authorize the applicant to submit an application for a Final Plat for Subdivision. (2) Length of Approval. All single -phase Preliminary Plans for PUD are valid for five (5) years from the date of their issuance. All multi -phase Preliminary Plans for PUD are valid for ten (10) years from their date of issuance, though development of at least the first phase must have been completed within five (5) years after the date of approval of the Preliminary Plan for PUD. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners. (3) Extension. Upon written request, an extension of the Preliminary Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to complete development of the PUD was beyond the applicant's control, the Preliminary Plan for PUD is not speculative in nature, the Preliminary Plan for PUD still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood the PUD will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Preliminary Plan for PUD is to expire. The permit shall be deemed LAND USE REGULATIONS cL�ySlNam�NenukvgfAWiUHI- -S.CO: Nv111-11 i. 1998 5-45 EAGLE COUNTY, COLORADO I"III 678174 "III 111'111 "'II 12/01/1998 111 IN 04:43P 11111"1 111 I'I"I III IN 370 Sara Fisher 300 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE5: ADMINISTRATION 5- 240. PLANNED UNUTDEVELOPMENT (PUD) DI=CT extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Preliminary Plan for PUD null and void. (4) Hearing on Permit Extinction. If a Preliminary Plan for PUD is not extended before it is to expire, pursuant to Section 5- 240.F.3.k(3), Extension, the Board of County Commissioners shall initiate a hearing pursuant to Subsection 5- 210.H., Extinguishment of Permits, to determine whether to extinguish the Preliminary Plan for PUD. (5) Preliminary Plan for PUD extinguished. If the Board of County Commissioners extinguishes the Preliminary Plan for PUD, the Board shall concurrently initiate and amend the Official Zone District Map to the zone district classification of the land that was in effect prior to the time that the Preliminary Plan for PUD was originally approved. The Board of County Commissioners shall consider the requirements of Section 24- 67 -106 Colorado Revised Statutes prior to ordering any PUD Plan extinguished and shall make any finding required by law prior to extinguishing the PUD Plan. Should the Board find that extinguishment of the plan is contrary to law, plan shall not be extinguished. Minor Deviations. Minor deviations from a Preliminary Plan for PUD shall be approved by the Community Development Director. Minor deviations that are authorized are those that appear necessary in light of technical or engineering considerations first discovered during actual development and that are not reasonably anticipated during the initial approval process, as long as they comply with these Land Use Regulations. Minor deviations shall not include reductions in the amount of required open space, or required wildlife habitat protection, or increases in the building square footage. All changes not qualifying as minor deviations shall be considered amendments and shall comply with Section 5- 240.F.3.m., Amendment to Preliminary Plan for PUD. m. Amendment to Preliminary Plan for PUD.. No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24- 67- 104(1)(e) Colorado Revised Statutes that the modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. LAND USE REGULATIONS 5-46 EAGLE COUNTY, COLORADO clxy9WwlNmu1m81eINrNRT3 .N: Abvrmder 23,IW3 111111 678174 "III "1'111 "'II 12/01/1998 111 1111 04:43P III'I"1 III VIII' 111 I"I 370 Sara Fisher 301 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i ARTICLES: ADMINISTRATION 5 -240. PLANNED UNITDEVELOPMENT MUD) DISTRICT LAND USE REGULATIONS r. i.ysrvmmno-�ni.�¢r ue.uxns.m: rvorc. .. a. sans designation, the Community Development Director shall file with the Clerk of the Court of the Eagle County the following notice: 1111111 11III 878174 111'111 HE 12/01/1998 Ill 1111 04:43P III1I11I 1111111111111111 370 Sara Fisher 298 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 5-43 EAGLE COUNTY, COLORADO ARI7CLE 5: ADMIIwSTRATION 5 -240. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT Notice of Planned Unit Development (PUD) Zone District Designation PLEASE TAKE NOTE that on the day of , 19, the Board of County Commissioners of Eagle County, Colorado, approved development, on the following described tract as a Planned Unit Development (PUD) pursuant to the provisions of Section of the County Zoning Resolution. No development shall occur on the tract except in accordance with the approved Preliminary Plan for PUD, PUD Guide and the PUD Agreement, and under any conditions that may be imposed thereby. The above referred to land is located within unincorporated Eagle County and is more fully described as follows: (insert legal description) A copy of the Preliminary Plan for PUD and PUD Guide is of record in the office of the Eagle County Community Development Director. STATE OF COLORADO ) ) ss: EAGLE COUNTY ) The foregoing instrument was acknowledged before me this day of , 19_, by Clerk. Witness my hand and official seal. Notary Public My commission expires: LAND USE REGULATLONS 5-44 EAGLE COUNTY, COLORADO c1uy51WVnitliemlrv81e1NiUFPS.CO: Nm,M,,H. IM III111 11111 878174 "1'111 I"II 12/01/1998 III IN 04:43P III'll'I III IIIIII III IIII 370 Sara Fisher 299 of 405 R 0.00 0 0.00 N 0.00 Eagle CO J ARTICLES' ADMIAUSTRA77ON 5 -240 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT a protection needs for the areas to be accessed. Trails standards are identified in Section 4- 630.A. (e) Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. (f) Public Facilities. A variation may be allowed that provides incentives for applicants to develop public facilities, including but not limited to public transportation facilities, public recreation facilities and similar facilities. The facilities may be located on or off of the PUD site, and shall be facilities that meet the demands not only of project residents, but also of other residents of and visitors to Eagle County. g. Conditions. The Community Development Director and the Planning Commission shall have the authority to recommend and the Board of County Commissioners shall have the authority to impose such conditions on a PUD that are necessary to accomplish the purposes of this Section, this Article, these Land Use Regulations, and the Master Plan. h. Planned Unit Development (PUD) Agreement. (1) General. Concurrent with the approval of a Preliminary Plan for PUD, the applicant and the Board of County Commissioners shall enter into a Planned Unit Development (PUD) Agreement binding the PUD to any conditions placed in the Resolution. (2) Common Park and Recreation Areas. The PUD Agreement shall include a Common Open Space, Park, and Recreation Area Plan. It shall outline the area of common open space, parks, trails and recreation lands, and specify any agreement on the part of the developer to preserve the open space, parks, trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial, or industrial development. It shall also include the terms by which any common areas shall be maintained. (3) Landscape Guarantee. The Planned Unit Development (PUD) Agreement shall set down how the landscaping proposed for the PUD will comply with Section 4 -240, Installation and Maintenance Requirements. Landscaping for a phased PUD may be designed by phase, with installation occurring concurrent with development of each phase. The LAND USE REGULATIONS 5-41 EAGLE COUNTY, COLORADO s.nsmoroim'.mn.ograuurer -s.co: x.mc..v. rsca I"III "III "I'lll "'ll I'I IN III'I"I II' I'I'I I'll IN 678174 12/01/1998 04:43P 370 Sara Fisher 296 of 405 R 0.00 D 0.00 N 0.00 Eagle CO Z t ARTICLE 5' ADMINISTRATION 5 -240 PLANNED NTT DEVELOPMENT (PUD) DISTRICT PUD Agreement shall include the landscaping for the entire PUD and for each phase of the PUD. (g) Form of Guarantee. The County may require the developer to provide a guarantee for no less than one hundred and twenty-five (125) percent of the current estimated cost of the landscaping improvements, and the landscape plan as estimated by the Community Development Director, to ensure the installation of all landscaping shown and to ensure the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the County Attorney. At the developer's option, the guarantee may be provided for the entire PUD or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable. (h) Release. As portions of the landscape improvements are completed, the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. (4) Public Improvement Guarantee. In order to ensure installation of necessary public improvements planned to accommodate the development, the Planned Unit Development (PUD) Agreement shall provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public facility improvements, as estimated by the applicant and approved by the County Engineer. The guarantee shall be in a form approved by the County Attorney. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements except that ten (10) percent shall be withheld until all proposed improvements are completed and approved by the County Engineer. (5) Notice of Planned Unit Development Designation. Subsequent to approval of a Resolution approving a Preliminary Plan for PUD which shall constitute a Planned Unit Development (PUD) zone district LAND USE REGULATIONS 5-42 EAGLE COUNTY, dxpAWaNltlimu�en8i�lNiUFR5.00; A'o.rmbv3; 1996 111111 678174 VIII 11111'1 VIII 12/01/1998 III IN 04:43P IIIIIIII 111 VIII I'll 1111 370 Sara Fisher 297 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATION 5 -240. PLANNED UMT DEVELOPMENT (PUD) DISTRICT common open space, restrictions and /or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (d) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. (13) Natural Resource Protection. The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. L Variations Authorized. The Board of County Commissioners shall be authorized to grant the following variations as part of its approval of the Preliminary Plan for PUD. Each variation that is granted shall be shown on the PUD Guide. �—/ (1) Uses. The uses that are allowed, allowed as limited uses, or allowed as special uses, may be varied. (2) Dimensional Limitations. The minimum lot area, minimum lot area per use, maximum lot coverage, maximum floor area, minimum yard setbacks and maximum height may be varied. (3) Basis for Granting Variations. These variations may be granted when the Board of County Commissioners finds that the Preliminary Plan for PUD achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. The standards used in the designation of the land use categories on the Future Land Use Map, found in Table 20 of the Eagle County Master Plan, "Criteria Used In the Land Designation Process ", shall also be considered when determining the maximum density and allowed uses of the PUD. (a) Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures LAND USE REGULATIONS 5 -39 EAGLE COUNTY, COLORADO cIxP5lWClaICG.w4a81aIWtlAATS.CO; N.11 M11 ] . IM IIII 11III 678174 111'111 11111 12/01/1998 111 IN 04:43P IIIIIIII 11111111 IIII III 370 Sara Fisher 294 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE5: ADMIMSTRATION 5- 240. PLANNED UMTDEMOPMENT (PUD)DISTRICT shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area, yet shall avoid uniformity of design. Residential and non - residential uses may be mixed together. Various types of residential uses may also be combined within the PUD, to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks, lot widths, and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and fire protection; to ensure proper ventilation, light, air, and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide, twenty (20) feet between buildings shall be considered the minimum appropriate spacing. (b) Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands, as these have been identified in Section 3- 310.B.1., Purpose. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values have been protected and lands subject to natural hazards have been avoided. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. (c) Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that brings "wet" water into the Upper Eagle River Basin. (d) Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi -use trail system, in accordance with the recommendations of the latest version of the Eagle County Trails Plan, or to provide appropriate forms of access (including summer and winter parking areas and trailheads) to public lands and to river and creek drainages in Eagle County. Proposed access shall be consistent with public land management objectives and resource LAND USE REGULATIONS 5 -40 EAGLE COUNTY, COLO :myvwwmm'wuegmduar -zro: x rma., r, izvs IIIIII IIIII IIIIIII IIIII III IIII THE III IIIII IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 295 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4 STTE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARDS 1. Horizontal Alignment. The following special considerations for horizontal alignment shall apply to the design and construction or reconstruction of roadways in Eagle County: a. Compound Curves. The use of compound curves in proposed alignments is strongly discouraged, due to the potential deception they offer motorists, particularly when traveling from the larger to the smaller radii. (1) Standards When Compound Curves Are Necessary. If compound curves must be used to allow the roadway to better fit the existing terrain, then the ratio of the flatter radius to the sharper radius shall not exceed 1.5:1. Where feasible, a smaller difference in radii should be used; a desirable maximum ratio is 1.75:1. At intersections where motorists accept more rapid changes in design and speed, the radius of the sharper arc can be as high as a ratio of 2:1. (2) Length. Curves that are compounded should not be too short or their effect in enabling change from tangent or flat -curve to sharp -curve will be lost. b. Reversal of Alignment. Any abrupt reversal in alignment should be avoided. Such a change makes it difficult for a driver to keep within his own lane. It is difficult. to superelevate both curves adequately, and hazardous and erratic operation of the vehicle may result. (1) Suitable Design. A reversal in alignment can be designed suitably by including a sufficient length of tangent between the two (2) curves for superelevation runoff, or preferably, an equivalent length with spiral curves. The distance between reverse curves should be the sum of the superelevation runoff lengths and the tangent runout lengths. (2) Sufficient Distance Not Available. If sufficient distance is not available to permit the tangent runout lengths to return to normal crown section, there is a long length where the edges of pavement and centerline are at the same elevation and poor transverse drainage can be expected. In this case, the tangent runouts may be eliminated and the superelevation runoffs joined, thus providing one (1) instantaneous level section. (3) Tangent Separation Lengths. Desirable and separation lengths are shown in Table 4 -620 Environmental, Geometric And Design Standards. of fifty (50) feet shall be provided between all facilitate steering and control. acceptable tangent 7., Summary Of A minimum tangent horizontal curves to C. Curves. The "broken- back" or "flat- back" arrangement of curves (having a short tangent between two curves in the same direction) should be avoided because most LAND USE REGULATIONS 4 -63 EAGLE COUNTY, COLORADO '.,., r ci.psowmmeNr.�os•uuxrv.ro; nro.,,a z3. �x 111111 Ilill 1111111 IIIII III IIII IIIIIIII III 111111111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 214 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARDS drivers do not expect succeeding curves to be in the same direction and because J 1 in some cases the "broken- back" alignment will not be pleasing in appearance. Curves will typically not be considered to be in a "broken- back" arrangement when the connecting tangent is of considerable length. d. Simple and Spiral Curves. Figure 4 -620 #2, Simple Curve, Figure 4 -620 #3, Spiraled Curve, and Figure 4 -620 #4, Relationship. Simple vs Spiral Curve, illustrate simple and spiral curves, their derivation and function. e. Travel Lane Widening. To compensate for off - tracking as a vehicle follows a curve (rear wheels tracking inside the front wheels), travel lane widening shall be provided on certain classifications of roadway. (1) Standards. Travel lane widening shall occur on the inside edge of the curve only, with the inside shoulder "kicked" out until a minimum of three (3) feet of shoulder is left. The amount of travel lane widening to be provided is shown in Table 4 -620 J. Le., Lane Widening On Curves. (2) Example. For example, if the required width of shoulder is six (6) feet, up to three (3) of the six (6) feet may be used for inside edge widening. In this example, if four (4) feet of widening is required the total shoulder width would be seven (7) feet. The gravel shoulder available for "cutting the curve" becomes less and encourages traffic to stay on the pavement, and the transition extends over the same length as the superelevation runoff. L Switchbacks. Switchbacks are generally not considered a good roadway design solution, but may be the only alternative for gaining elevation in mountainous terrain. (1) Minimum Tangent Separation. When switchbacks must be used, each switchback shall have a tangent separation of not less than two (2) times the minimum stopping sight distance from the last or next switchback, adjusted for grade in accordance with the latest edition of ASSHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, Table III -2. Effect of grade on stopping sight distance - wet conditions. This is especially important on hillsides, on slopes steeper than twenty (20) percent, and where visually, switchbacks will. create a major impact. 1 ("III 678174 "III "1'111 11111111 12/01/1998 IN 04:43P 11111"1 1111111111111111 370 Sara Fisher 218 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 4 -64 EAGLE COUNTY, COLORADO clxy[OWVNk1im41m3ieVNUHJI.CO; Novem er V. IM8 ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-620. ROADWAY STANDARDS Table 4 -620 J.1.e., Lane Widening on Curves (Reserved) LAND USE REGULATIONS cIxp6pWVtol�� ''mu�maL�b.URr -l.co: K.11m 1 V. Im 1111111111111111111111111111 678174 12/01/1998 IN 04:43P 11111111111111111111 370 Sara Fisher IN 216 of 408 R 0.00 0 0.00 N 0.00 Eagle CO 4 -65 EAGLE COUNTY, COLORADO '14 ARMLE4, SITE DEVELOPMENT STANDARDS 4-620. ROADWAY STANDARDS (2) Direct Lot Access. Direct lot access is not permitted on the tangent sections between switchbacks that are separated by the minimum distance outlined above. To gain lot.access on the tangent section separating the switchbacks there must be the required minimum sight distance from intersecting streets and driveways from both switchbacks, as shown in Table 4 -620 7., Summary Of Environmental. Geometric And Design Standards. (3) Lane Widening. Lane widening for switchback curves shall reflect AASHTO Design and Traffic Condition IH -C. The minimum allowable centerline radius for switchback curves is shown in Table 4 -620 7., Summary Of Environmental. Geometric And Design Standards. The eighty (80) foot minimum radius is based on the recommendations of the Model Regulations For Protecting People and Homes From Wildfrre in Subdivisions and Developments promulgated by the Colorado State Forest Service. A review of multiple -unit vehicle turning radii and pavement width occupation shows that an eighty (80) foot radius is the minimum radius a large vehicle can make and yet not occupy more than its own lane, even with travel lane widening on the inside of curves. g. Street Pattern. The street pattern in the proposed development shall generally conform to any adopted County master plan for future development of the adjoining areas. Proposed streets or roadways within three (3) miles of any incorporated municipality shall conform to the street system and standards or official street plan of said incorporated municipality. (1) Continuity of Alignment. Where appropriate to the design, the streets shall be continuous and in alignment with the existing platted streets with which they are to connect. (2) Extend to Boundary Lines. Proposed streets shall be extended to the boundary lines of adjacent land, if the applicable adopted County Master Plan indicates the adjacent land will be suitable for development, unless the extension is prevented by topography or other physical conditions. h. Dual Access. The applicant shall be required to provide two (2) points of access from the proposed development to the public roadway system, unless prevented by topography or other physical conditions. In any event there shall be a secondary emergency ingress /egress from any development. All dwellings and other structures shall be accessible by emergency and service vehicles. 2. Vertical Alignment. The following special considerations for vertical alignment shall apply to the design and construction or reconstruction of roadways in Eagle County: a. Terrain Classification. Terrain in Eagle County can be characterized within one LAND USE REGULATIONS 4 -66 EAGLE COUNTY, COLORADO raxp'OWUmIrGrw4a8le1dM14PFl.CO; NovemGrr U, /flJd 111111 I'lll 111'111 "'I' 111 IN IIIII'll 111 1111111 I""I 678174 12/01/1998 04:43P 370 Sara Fisher 217 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARDS (1) of the following three (3) categories: (1) Level Terrain. Level terrain is that condition where roadway sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made so without construction difficulty or major expense. The average natural cross slopes on level terrain are less than eight (8) percent. (2) Rolling Terrain. Rolling terrain is that condition where the natural slopes consistently rise above and fall below the roadway grade and where occasional steep slopes offer some restriction to normal horizontal and vertical roadway alinement. The average natural cross slopes on rolling terrain are between eight (8) percent and fifteen (15) percent. (3) Mountainous Terrain. Mountainous terrain is that condition where longitudinal and transverse changes in the elevation with respect to the roadway are abrupt and where benching and side hill excavation are frequently required to obtain acceptable horizontal and vertical alignment. The average natural cross slopes on mountainous terrain are greater than fifteen (15) percent. (4) Combination of Terrain Types. A parcel may contain all or any combination of these terrain types. Terrain that has varying characteristics shall be classified within the above categories, and shall provide a transition in design speed between each category in five (5) mph increments, spaced seven hundred -fifty (750) feet apart. Ten (10) mph increments may be considered for approval by the County Engineer upon the applicant's demonstration that circumstances warrant. Part of this determination shall be based on the review of .cross sections and cost estimates for both cases prepared by the, applicant's engineer. b. Maximum Grade. The maximum grade for each classification of roadway in Eagle County is illustrated in Table 4 -620 J, Summary Of Environmental, Geometric And Design Standards. (1) Ability to Negotiate Grade. A maximum grade of eight (8) percent is generally negotiable under year -round conditions by two (2) wheel drive vehicles with mud and snow tires where stopping and starting are not required. Steeper grades may require four (4) wheel drive and /or studded mud and snow tires under winter snow and ice conditions. (2) Maximum Grade in Suburban and Urban Areas. A maximum grade of six (6) percent is more appropriate for suburban and urban areas, where the frequency of stopping and starting is increased. LAND USE REGULATIONS 4 -67 EAGLE COUNTY, COLORADO c�.yeowma�m.mi.osrnvum.�.co: xew<mn..v. rya 11111111111111'11111'11111 678174 12/01/1998 IN 04:43P 11111"1111111111111 IN 370 Sara Fisher 218 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r.� ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -620_ ROADWAY STANDARDS (3) Special Design Considerations. Special design considerations regarding grades are required for intersections and driveway approaches and on switchback curves (see sub - sections 4 -620 J.4., Intersections, 4 -620 J.9., Access Approaches and Driveways, "and 4 -620 J.l -f, Switchbacks). (4) Low Volume Roadways. On low volume roadways (AADT of four hundred [400] vehicles or less) grades may be increased to one hundred - fifty (150) percent of the stated desirable values in Table 4 -620 J., Summary Of Environmental, Geometric And Design Standards, for a tangent distance not to exceed five hundred (500) feet on Southern facing slopes only, subject to the approval of the County Engineer. There shall be no access approaches in the segment with the increased grade. C. Vertical Curves. Vertical curves shall conform to the criteria set forth in the latest edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Cha tee, published by AASHTO. (1) Grade Breaks. The use of grade breaks, in lieu of vertical curves, is not encouraged. However, if a grade break is necessary and the algebraic difference in grade does not exceed four - tenths (0.4) percent when curb and gutter is used, the grade break will be permitted, except at intersections, where algebraic differences in grade of eight- tenths (0.8) percent will be permitted to facilitate the warping of the side street to meet the through street. (2) Rural Roads. On rural roads not bordered by curb and gutter, vertical curves are not required when the algebraic difference in grade is one (1) percent or less. (3) Sag Vertical Curves. The minimum grade within a sag (sump) vertical curve is one -half (0.5) percent. This will require manual calculations and labeling at the low point of the sag vertical curve. d. Cross Slope. (1) Roadways Shall Be Level. Except at intersections, or where superelevation is required, roadways shall be level, as measured perpendicularly, from top of finished edge of pavement to top of finished edge of pavement, or from top of curb to top of curb when curb and gutter is required and shall have a two (2) percent crown as measured from centerline to finished edge of pavement, or lip of gutter when curb and gutter is required, or lip of median curb to lip of outside curb on roadways with raised center islands. Parabolic or curved crowns are not allowed. LAND USE REGULATIONS 4 -68 EAGLE COUNTY, COLORADO [: yAOiecwl [fim41[nBeltlrlAFi -i.CO 1.'o.vnM[33. 1nA I"III "III I'I'II� "'II I'I I'I' III'I"I II"II'II' II I"I 878174 12/01/1998 04:43P 370 Sara Fisher 219 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE4, STTEDEVELOPMENTSTANDARDS 4 -620. ROADWAY STANDARDS (2) Warped Intersections. Maximum pavement cross slope allowed is four (4) percent at warped intersections, as measured above. In no case shall the pavement cross slope at warped intersections exceed the grade of the through street. The rate of change in pavement cross slope, when warping side streets at intersections, shall not exceed one (1) percent every twenty-five (25) feet horizontally on low volume residential roads and streets, one (1) percent every thirty-seven and one -half (37.5) feet horizontally on suburban and urban residential streets, or one (1) percent every fifty-six and one -half (56.5) feet horizontally on collector roads and streets. 3. Superelevation. Horizontal curve radius and superelevation shall be in accordance with the recommendations of the latest edition of AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III. The following procedure is an outline for the correct application of superelevation. Further information on this method is available in AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, 1994. Super Diagrams and Plot Exaggerated Profiles are not mandatory, but may be required by the County Engineer to evaluate proposed roadways. a. Horizontal Centerline Radius, Degree of Curvature and Centerline Design Grade. Establish horizontal centerline radius, degree of curvature and centerline design grade. Centerline design grade shall be the actual centerline of roadways without raised medians, or median top of curb, or flowline or lip of median gutter (which shall be level across the median except at turn lanes) on roadways with raised medians. The method of attaining superelevation shall be rotation about the centerline on roadways without raised medians or rotation about the median top of curb on roadways with raised medians. b. Rate and Length of Superelevation Runoff. Table 4 -620 J., Summary Of Environmental, Geometric And Design Standards, shall be used to determine the rate of superelevation and length of superelevation runoff required for the degree of curvature. Superelevation runoff is that length of roadway needed to accomplish the change in cross slope from a section with the adverse crown removed (flat) to the fully superelevated section, or vice versa. C. Super Diagram. Use the information obtained from Table 4 -620 J., Summary Of Environmental, Geometric And Design Standards, to construct a "super diagram". The "super diagram" is a design aid used to establish the length of tangent runout required, and pavement cross - slopes generated through the transition from the normal cross section to full superelevation, or vice versa. Intervals at which pavement cross slopes are read shall not exceed twenty-five (25) feet and should be read at even twenty -five foot (25) stations along centerline (7 +25, 7 +50, not 7 +28.79, 7 +53.79). Tangent runout is that length of roadway needed to accomplish the change in cross slope from a normal (two [2] percent) crown section to a section with the adverse crown removed (flat), or vice versa. LAND USE REGULATIONS cmy&➢rnm��Lenmeus�.��• r-LCO: xmrm ov. IWS 4 -69 EAGLE COUNTY, COLORADO 111111111III 678174 111111111111 12/01/1998 111 IN 04:43P III'I"I II1111111111 IN 370 Sara Fisher 220 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4• SITE DEVELOPMENT STANDARDS 11 ROADWAY STANDARDS Note: The superelevation runoff is located about the horizontal P.C. or P.T. of the curve at a two - thirds /one -third (2/3:1/3) ratio, with approximately two - thirds (2/3) of the total length required for the superelevated runoff being achieved prior to the P.C. or after the P.T. of the curve. The point at which the superelevation runoff begins or ends should be at the nearest five (5) foot station. d. Plot Exaggerated Profile. Plot an exaggerated profile of the centerline or median top of curb using the grade originally established. Next plot both of the outer tops of curb or flowlines or lips of gutter, setting elevations radial to centerline by using the pavement cross slopes derived from the super diagram. Smooth the resultant grade of the outer tops of curb by the use of spline or french curves, if necessary. Read new elevations on these adjusted grades. Scale for this exaggerated profile shall be one (1) inch equals twenty -five (25) feet or larger horizontally and one (1) inch equals one (1) foot vertically. e. Transfer to Normal Scale. Transfer all of the information on the exaggerated profile to the profile of the construction plan at normal scale. f. Add Labels and Submit. Label, at each transition point in the plan view of the construction plan, the name, station, elevation, and rate of superelevation. Also, label each point by station and elevation where the pavement cross slope is one (1) percent, either direction, for the purpose of locating inlets to intercept cross pavement drainage flows if curb and gutter are required. Submit the super diagram(s) and exaggerated profiles for concurrent review with the public improvement plans. 4. Intersections. The following standards shall apply at intersections: a. Through Street Takes Precedence. The grade of the "through" street shall take precedence at all intersections. At intersections of roadways with the same classification, the more important roadway, as determined by volume of traffic, shall have this precedence. Warp side streets to match through streets with as an effective and short transition as possible. b. Design Factors. Factors that shall determine the elevation of the point of curb or edge of pavement return on the side street and the amount of warp needed on a side street transitioning to a through street are: (1) Permissible Grade. Permissible grade in the stop /start lane, as described in sub- section 4 -620 J.5., Intersection Grade. (2) Pavement Cross Slope. Pavement cross slope at the Point of Curb Return or Beginning /End of Curve on the side street and permissible warp in pavement cross slope, as described in section 4 -620 J.2.d., Cross Slope. (3) Vertical Curve Criteria. Normal vertical curve criteria. LAND USE REGULATIONS 4 -70 EAGLE COUNTY, COLORADO alxp6pWmnlclimnlmP felNiLLPT -LCO: Nov "L. '08 "'III 678174 "III'llllll II'll 12/01/1998 I'I IIII 04:43P IIIII'll III 111111111111111 IN 370 Sara Fisher 221 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ) q; ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -620. ROADWAY STANDARDS (4) Curb Returns. Vertical controls within the curb return itself, as described in sub - section 4 -620 J.6., Curb Returns. C. Elevation. The elevation at the P.C.R. of the curb return or B.C. on the through street shall be set by the grade of the through street in conjunction with normal pavement cross slope (two [2] percent) or the rate of superelevation. d. Crown of the Side Street. Carrying the crown of the side street into the through street is not permitted. e. Dipping the Flowline. Dipping the flowline to the extent that the lip of gutter is dipped is not permitted, except as required for a CDOT Type R Curb Inlet, Standard M- 604 -12. Tipping an inlet for the benefit of drainage is also not permitted. Major Intersections. At a major collector -major collector intersection, a more detailed review of the entire intersection's driveability will be required. Few major intersections will have a uniform two (2) percent cross slope, the majority of them having one or more sides warped. See sub - section 4 -620 J.2.d., Cross Slope, for information concerning warping of pavement at intersections. g. Curb and Gutter. When curb and gutter is required, separate flowline profiles, and pavement cross slopes in the plan view may also be required by the County Engineer. Spot elevations in the intersection shall also be shown, on the plan view, on a fifteen (15) foot grid. This information shall be shown on separate plan and profile sheets at a scale of one (1) inch equals twenty (20) feet horizontally and one (1) inch equals two (2) feet vertically. 5. Intersection Grade. The first twenty (20) feet beyond the edge of the traveled way of the through street, including any necessary speed change lanes, shall slope down and away from the through street at a grade of two (2) percent. The transition back to the side street grade shall be accomplished in a minimum fifty (50) foot vertical curve. The maximum grade at intersections, including private driveway approaches to public roadways, shall be three (3) percent at flowline or edge of pavement and centerline (stop /start lane shall be as shaded in Figure 4 -620 #5, Transition Distances for Permissible Intersection Grades, for the distances shown in the table that accompanies Figure 4 -620 #5.) At intersecting major collectors the maximum permissible grade will be two (2) percent for two hundred (200) feet either side of the intersection on both sides of the roadway. LAND USE REGULATIONS c:IxPEOWU(olc &nUlmBfelNiNRi —LW; Noremher3), I9A4 111111 IIIII 678174 1111111 11111 12/01/1998 III IN 04:43P IIIIIIII 111 1111111111111 370 Sara Fisher 222 of 408 R 0.00 D 0.00 N 0.00 Eagle CO 4 -7I EAGLE COUNTY. COLORADO � h 1 ARTICLE4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARDS 6. Curb Returns. When curb and gutter is required, minimum fall around curb returns when turning water shall be six - tenths (0.6) of a foot for a thirty (30) foot return radius and one (1) foot for a fifty (50) return radius. For other curb return radii, a grade of one and twenty -seven hundredths (1.27) percent shall be used within the return to establish minimum fall when turning water. Curb Return Profiles. When curb and gutter is called for in Table 4 -620 J., Summary Of m -i Environmental. Geometric And Design Standards, curb return profiles shall be required at every curb return in the public way within the proposed development, except on medians, in accordance with the following design procedure. These profiles are to be used for construction staking of the curb return. The following information is provided on curb.return profiles: a. Elevation. Determine the elevation at each P.C.R. of the curb return according to sub- section 4 -620 J.4., Intersections. b. Are Length. Calculate the are length of the return at its flowline. C. Flowline Grade. Show the corresponding flowline (or top of curb) grade for the roadway beyond the return at each P.C.R. d. Extend Grades Until They Intersect Within the Return. The above corresponding grades shall be extended until they intersect, somewhere within the return (Figure 4- 620 #6, Curb Return/Edge of Pavement Profile "A "). The grades may intersect near or outside either P.C.R., so long as the vertical difference in grades does not exceed two - tenths (0.2) of a foot at either P.C.R. (Figure 4 -620 #7, Curb Return/Edge of Pavement Profile "B "). In this case, a line is drawn inside the return and two (2) percent vertical curves are used at the intersections. It may be necessary to revise the grade of the intersecting side street to obtain an acceptable curb return profile (Figure LAND USE REGULATIONS 4 -72 EAGLE COUNTY, c�wyvrve„mimm,ws�.ivuxra.m: xo..,a..z3, ivra 1 111111 11III 878174 111'111 11111111 12/01/1998 IN 04:43P 11111111 1111111111111111 370 Sara Fisher 223 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAY STANDARDS 4 -620 #8, Curb Return/Edge of Pavement Profile "C "), however, the "through" street is never warped to facilitate this. See sub - section 4 -620 J.4., Intersections. e. Vertical Cnrves and Elevations. Vertical curves within the return may be drawn in with french or railroad curves. Elevations of at least two points between each P.C.R., at spacing not to exceed fifteen (15) feet shall then be shown in the profile. These points shall be evenly spaced between the P.C.R.'s so as to divide the arc length of the curb return at flowline into equal segments. The elevation and location of the high or low point within the return, if applicable, is to be called out in the profile and on the plan view. Scale. Scale for the curb return profile shall be one (1) inch equals ten (10) feet horizontally and one (1) inch equals one (1) foot vertically. 1111111 878174 "III "1'111111111i1IN 12/01/1998 04:43P III'I"I1111111111111111 370 Sara Fisher 224 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USEREGULATIONS 4-73 EAGLE COUNTY, COLORADO n.pemeroim. "rsi.asinmuxr <.m; ne�ma., v, issa r \ a / \`p / RADIUS POINT SIMPLE CURVE P.1. — POINT OF INTERSECTION P.C. — POINT OF CURVATURE P.T. — POINT OF TANGENCY R — RADIUS OF SIMPLE CURVE E — EXTERNAL DISTANCE FROM P.L TO SIMPLE CURVE A — INTERSECTION ANGLE (TOTAL CENTRAL ANGLE) • D — DEGREE OF CURVATURE L — LENGTH OF CURVE (P.C. TO P.T.) LC — LONG CHORD (DISTANCE BEtWEEtd P.C. k P.T.) M — MIDDLE ORDINATE T — TANGENT DISTANCE (P.L TO P.C. OR P.T.) 111111111111111111111111111 678174 12/01/1998 IN 04:43P 11111111 III 111111111 IN 370 Sara Fisher 226 of 405 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY ENGINEERING DEPARTMENT SIMPLE CURVE DRAWN I REVISED FOR?.1 ULNS ( 1,111 ca ihi R = 572_4578 T R•TAN -�- L = 100e4. LC 2*R*SIN g M - R(1— COS• ) E = R*EXSEC - R COS FIGUI- 4 -620 i SHEET 1 OF �c+ ya F /51 SPIRALED CURVE \ / T.S. — TANGENT TO SPIRAL \ / S.C. — SPIRAL TO CURVE CS. — CURVE TO SPIRAL - / S.T. SPIRAL TO TANGENT \ / Ls — LENGTH OF SPIRAL ' {e,YC — COORDINATES OF S.C. FROM THE TS. RADIUS POINT X,Y — COORDINATES OF ANY OTHER POINT' ON SPIRAL FROM THE T.S. OR S.T. Re — RADIUS OF CIRCULAR CURVE (WITHIN THE SPIRALED CURVE) Ec — EXTERNAL DISTANCE FROM P.L TO CIRCULAR CURVE p — OFFSET DISTANCE OF CIRCULAR CURVE PRODUCED AC — CENTRAL ANGLE OF CIRCULAR ARC Bs — CENTRAL ANGLE OF SPIRAL (SPIRAL ANGLE) K - COORDINATE OF OFFSET P.C. OR -P.T. Dc — DEGREE OF CIRCULAR ARC ANY POINT' ON SPIRAL r, / i / FORMULAS (SPIRAL CURVE) Ls — 1.6.E (V- DEMCN- Re — =&= c Ts - (Rc +p)TAN 2-+K Y Ec - (RC +p)TAN -,� TAN - + Ile — A -28s Le A c =061 LT — LONG TANGENT' (DISTANCE OF SPIRAL ONLY) FOR 9s BETWEEN U' k S ST — SHORT TANGENT (DISTANCE OF SPIRAL ONLY) YcmY m LS*MNI /395 Xc= X m La— -� L3 p - 1 /40Y K — 1 /2sX 1 111111 11III 111111' 11111111 IN 111'1111 III VIII 1111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 227 of 408 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY ENGINEERING DEPARTMENT SPIRALED CURVE DRAWN REVISED - FOR Gs BETWEEN S de Yc— Y m 4*p Xc- X — K + R*SINf p — Ls ®SINI /12 K - 1 /2eLs— L FYGQR] 4 -620 � SHEET 1 OF' RELATIONSHIP — SIMPLE VS SPIRALED CURVE R — RADIUS OF SIMPLE CURVE Re — RADIUS OF CIRCULAR CURVE (WITHIN THE SPIRALED CURVE) D — DEGREE OF CURVATURE De — DEGREE OF CIRCULAR ARC & — INTERSECTION ANGLE (TOTAL CENTRAL ANGLE) Lac — INTERSECTION ANGLE OF CIRCULAR ARC Ed — CIRCULAR CURVE DIST. MINUS SIMPLE CURVE DIST. (E—Ec) p — OFFSET DISTANCE OF CIRCULAR CURVE PRODUCED K — COORDINATE OF OFFSET P.C. OR P.T. 111111" III" 1' 11 1HE III IN11111111III111111111IN 678174 12/01/1998 04:43P 370 Sara Fisher 228 of 408 R 0.00 D 0.00 N 0.00 Eagle CO EAGLE COUNTY ENGINEM?ING DEPARTMENT T.S. — TANGENT TO SPIRAL S C — SPIRAL TO CURVE CS — CURVE TO SPIRAL S.T. — SPIRAL TO TANGENT P.1. — POINT OF INTERSECTIOI P.C. — POINT OF CURVATURE P.T. — POINT OF TANGENCY RELATIONSHIP SIMPLE vs SPIRAL CURVE DRAWN REVISED �z 4 -620 t SHEET 1 OF 1 O O r O O O It x a N a 0 n x a 0 N U w O 0 0 0 EAGLE COUNTY NGINEERING DEPARTMENT 878174 12/01/1998 04:43P 370 Sara Fisher 229 of 405 R 0.00 D 0.00 N 0.00 Eagle CO NOTE, SPIRALS SELDOM USED ABOVE HEAVY LINE USE FOR A1OEVL COLLECTER AND RURAL ACCESS ROADS RESIODnIAL, COMMERCIAL AND INDUSTRUL STREETS ARE NOT SUPERELUATED ON CURVES. NO - NORMAL CROWN (2z) RC - REVERSED CROWN 2R) D - pEGREE OF CUR VA RE R - RADIUS OF CURVE V - ASSWMED DESIGN SPEED Lrd- DESIRABLE LENGTH OF SUPEREL"ATIOH RUNOFF, 2 -AWE LM- MINIMUM LENGTH OF SUPERELEWAMM 91IM cone ml- yr awm s 7:715, 25MPH - 30 MPH - 1:150, 35MPH - 7 :1625, iOMPH 50UPH - 1:200 AND 60UPH a 1 22 AND ARE e - CHART —emax= 0.0600 DRAWN I REVISED SHEEP OF :....... ....... ...... � i ' . ... i i.. ....... ..... 1t ..... ' . STATION - -- o ELEVATION `r o. 1 .,• :. ::NIGH POINT_• :_'.::::.f...:: : ::_ Sao LIE VA710N O! m I ! F . . . . . . �°:m Ca ;i:::'... jL /g......j..: .....I ....... ''!ELEVATION1 ....... i_�m : : : ::: : :: : : :: : : : :: U' L /:i:::::j E:..:..::; ELEV. . . . . . . AT1oN;:::::::: ! ! [ . . . . . . . . . . . .� PCR - STATION .... ELEYA ITION o ]I ..... ...I�,,. ....l........� ........ {... ...... i - Figure 4 -620 #6 - Curb Return /Edge of Pavement Profile "A" _iU 4 W _ =Nm � rri z �d m �vco Imo =m m �0n _�. v _ti o Ir0 N ... U!0 .. Z- .. - BaJO —. N2 o a ccyyyF- L- — rt,ec- I ELEM ... ELEVATION ...... I .... .....i... :I :............: .... tLtVAHUN -• i : : : : : : :: Li .t STATION 0 (L Y PP 0 .... Z ... U!0 .. Z- .. - BaJO —. N2 o a ccyyyF- L- — rt,ec- I ELEM ... ELEVATION ...... I .... .....i... :I :............: .... tLtVAHUN -• i • - -• ELEVATION -- .. ..... i...._..__I_ .... ..._... . ! ..... _ .. .. PCR — STATION . . a I t ' ..._ o .........: ....ELEVTI:...... AON.. ... ::::: .. . :: : .......... � I }• . . . . . f . . . . . . . . . . . . . . . . . . . . . Figure 4 -620 #7 _ Curb Return /Edge of Pavement Profile ,BIT : : : : : : :: STATION 0 Y MON__ -•- 0 .... Z en W 0 . . 0 • - -• ELEVATION -- .. ..... i...._..__I_ .... ..._... . ! ..... _ .. .. PCR — STATION . . a I t ' ..._ o .........: ....ELEVTI:...... AON.. ... ::::: .. . :: : .......... � I }• . . . . . f . . . . . . . . . . . . . . . . . . . . . Figure 4 -620 #7 _ Curb Return /Edge of Pavement Profile ,BIT _ .............. :.:� S'iAT[ON .... ... . ` •.: ,mm fii6Fi *POIWi _ ................ ...... . _�� z � m ...... ELEVATION` :::::( ::::::::: :... :I:::::::: =\ i Vol v MR-STAT(ON ... 0, .mn : :: ::::: ....:::: :.-j :ELEVATION:: . w N .. j .. i J ELEVLjTION.:: ; I y W - t! i ....... ... .. .... :W. €........ .. .. ...... M. N i ELEVA T ION = ELEVATION • • ... :: • . : .cr . - - -- _ . _ _.. _ : : -:� o cc ... .• PCR- STATION :.::::: ` g` ION Figure 4 -620 #8 - Curb Return /Edge of Pavement Profile °,C °B AR77CLE4: SITE DEVELOPMENT STANDARDS 4 -620 ROADWAYSTANDARDS Note: Separate flowline or edge of pavement profiles are required as the basis for design at bubbles, cul -de -sacs or horizontal curves when the vertical grade is less than one (1) percent and other departures from normal roadway cross sections, i.e., the pavement cross slope is not two (2) percent, and for at least two hundred (200) feet from all intersections. 8. Clear Vision Areas. A clear vision area shall be maintained on the comers of all properties at all roadway intersections, including railroad crossings, so that intersection sight distances as specified in Table 4 -620 J., Summary Of Environmental, Geometric And Design Standards, are provided. a. Prohibited Structures. A clear vision area shall contain no planting, fence, wall, sign, utility appurtenance, structure or other obstruction, temporary or permanent, exceeding thirty (30) inches in height, as measured from the top of the curb, or in the absence of curb and gutter, from the finished grade of the centerline of the street. Traffic control devices required by, and installed in accordance with, the MUTCD, or Colorado Supplement thereto, are exempt from this provision. b. Applicant is Responsible. It shall be the applicant's responsibility, through his engineer, to ensure that the necessary clear vision area is provided in the layout and design of the development and is carried through during construction. 9. Access Approaches and Driveways. a. Findings. Control of access to public streets and roads is an area of increasing concern, since roads are rarely being built or upgraded fast enough to accommodate increases in traffic. The proliferation of access points and driveways along major local roads and state highways impairs the ability of such roads to efficiently carry traffic. Effective control of access can enhance the carrying capacity and safety of most roadways by reducing the opportunity for turning movements both to and from a major roadway. In addition, elimination of turning movements can decrease the need for acceleration and deceleration lanes. b. State Design Standards. Pursuant to C.R.S. 43 -2 -147 (1)(a), access approaches to roadways under the jurisdiction of Eagle County must meet the Design Standards found in Sections Three and Four of the Colorado State Highway Access Code, 2 CCR 601 -1 (the Code). In addition, those parcels directly accessing highways under the jurisdiction of the Colorado Department of Transportation shall be required to obtain a State Highway Access Permit pursuant to the above - referenced Code. Eagle County is the Issuing Authority for such permits and should be contacted initially for the application and further information in obtaining State Highway Access Permits. C. Additional County Standards. In addition to the foregoing, public and private access approaches and driveways shall be subject to the following standards: LAND USE REGULATIONS 4 -82 EAGLE COUNTY, COLORADO cu,yema,,miln mn.,,ernu.uzra.ro: No11.123. IM IIIIII IIIII 678174 IIIIIII "III 12/01/1998 III IIII 04:43P IIIIIIII III IIIII I'll IIII 370 Sara Fisher 233 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -620. ROADWAY STANDARDS (1) Access By Emergency and Service Vehicle. All dwellings and other structures shall be accessible by emergency and service vehicles. A maximum grade of eight (8) percent and a minimum centerline radius of eighty (80) feet is recommended for driveways on north - facing slopes. On south - facing slopes, a maximum grade of ten (10) percent and a minimum centerline radius of sixty (60) feet is recommended. Curves should be widened generously in both circumstances. (2) Driveways in Mountainous Terrain. Proposed developments on lots with mountainous terrain may require the preliminary layout and design of the individual driveways at the preliminary plan stage, and the precise design of the driveway at the final plan stage, to assure that access can be provided to each dwelling unit served by the driveway in compliance with the standards of this Division. (3) Driveways Requiring Significant Cuts and /or Fills Discouraged. Driveways that require significant cuts and /or fills are discouraged. Applicants are encouraged to relocate development to areas within the proposed development where such cuts and fills are not required. Where significant grading and /or retaining walls or other structures may be necessary, the applicant may be required to identify a precise building envelope and construct the driveway that will serve that envelope, at the discretion of the Board of County Commissioners, considering the advice of the County Engineer. In extraordinary cases, driveways may be considered public improvements and thus collateralized, constructed and subject to the terms and conditions of the other public improvements in the development. (4) Driveways Shall Not Serve More than Three Units. Driveways shall not serve more than three (3) dwelling units, unless specified otherwise in these Regulations. Any residence having an accessory dwelling unit shall be counted as one (1) unit. (5) Clearance From Intersections. Driveways shall be restricted for a sufficient distance from any intersection with road approaches to preserve normal and safe movement of traffic. Driveways shall provide the following intersection clearances, exclusive of driveway and intersection return radii or flares. In rural and suburban areas, a minimum intersection clearance of fifty (50) feet shall be provided for residential driveways and a minimum intersection clearance of one hundred (100) shall be provided for commercial driveways. In urban areas, a minimum intersection clearance of twenty (20) feet shall be provided for residential and commercial driveways, due to the expectation that dedicated turn lanes for the driveways will be present. In the event there are no dedicated turn lanes, then the minimum twenty (20 foot intersection clearance may be extended, at the direction of the County Engineer. LAND USE REGULATIONS 4 -83 EAGLE COUNTY, COLORADO .... clwy60ba lnlNTVr�mglelIN.L1ftT4.00: A'ovu5er 33. /PJR I I"I�I "III "I'III "'II I'I I'I' III'I"I III I�"II I'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 234 of 403 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -620. ROADWAY STANDARDS ^aa 3 (6) Maximum Number of Entryways. Generally, no more than one (1) entryway shall be allowed for any parcel of property where the frontage is less than one hundred (100) feet. Additional entrances or exits for parcels of property having a frontage in excess of one hundred (100) feet shall be permitted only when the applicant demonstrates they are required for actual convenience and necessity, and that safety to the traveling public will not be compromised. () Not Encroach. All driveways shall be located so that the flared portion adjacent to the traveled way shall not encroach upon adjoining property. (S) Intersection With Other Roadways. Road approaches shall intersect other roadways at ninety (90) degrees for a tangent distance of one hundred (100) feet from the centerline intersections. At intersections with major collectors this distance shall be increased to two hundred (200) feet. Driveways shall intersect the edge of the travelled way at ninety (90) degrees. This alignment shall be maintained within the public way. Beyond the right -of -way line onto the adjacent property, permissible axis angles of driveways in relationship to the right -of -way line shall be between ninety (90) and sixty (60) degrees. (9) Maximum Width. Commercial driveways shall not exceed thirty-five (35) feet in width, as measured at right angles to the centerline of the driveway, except as increased by return radii at the edge of the travelled way. Residential driveways shall not exceed twenty-four (24) feet in width, measured in the same manner. (10) Radii. Permissible radii on driveway returns shall be governed by such factors as the width of drive and angular placement. Where the flared edge of an approach controls the turning radius of a vehicle entering the property by a right turn from the adjacent outside traffic lane of the roadway, the radius of that edge shall not be less than twenty (20) feet for passenger vehicles and not less than fifty (50) feet where single unit or larger trucks may be expected to use the entrance and the traffic volume on the adjacent road exceeds four hundred (400) AADT. 10. Connections With Existing Roadways. Connections with existing roadways shall be smooth transitions, conforming to normal vertical curve or grade break criteria. When a vertical curve is used to make this transition, it shall be fully accomplished prior to the connection with the existing roadway. a. Existing Grades. Existing grades shall be shown for at least three hundred (300) feet, with field verified as- builts showing stations and elevations at fifty (50) foot intervals in level terrain and twenty -five (25) foot intervals in rolling and mountainous terrain. For a connection with an existing intersection, these as- builts shall be shown within a three hundred (300) foot radius of the intersection. This information shall be included in the plan and profile of the proposed roadway. LAND USE REGULATIONS 4 -84 EAGLE COUNTY. COLORADO vWp6OWamlcGenuka8le1WMAr4 , I.'awmbee U. )W8 III III I'll 878174 I' II'lll I'II 12/01/1998 I I'I IN 04:43P III II"I III I'll'I I'I IN 370 Sara Fisher 235 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4• SITE DEVELOPMENT STANDARDS 4 -620. ROADWAY STANDARDS b. Plan View. Limits and characteristics of the existing improvements shall be shown in the plan view. Such characteristics include horizontal alignment, off -site intersections, limits of the improvements, and similar factors. C. Previously Approved Designs. Previously approved designs for the existing improvement are not an acceptable means of establishing existing grades, however, they shall be referenced, on the construction plans, where they occur. d. Basis of As -Built Elevations. The basis of the as -built elevations shall be the same as the design elevations (both flowline or top of curb or edge of pavement). 11. Off -Site Design. The design grade, and existing ground at that design grade, of all roadways that dead end due to project phasing, subdivision boundaries or similar factors shall be continued, as necessary, in the same plan and profile as the proposed design, for at least three hundred (300) feet or to the intersection with a major collector roadway. This requirement shall be waived when there is no possibility of the roadway being extended in the future in accordance with sub - section 4 -620 J.l.g., Street Pattern. a. Applicant Is Responsible For Transition. If the off -site roadway, adjacent to the proposed development is not fully improved, the applicant shall be responsible for the design and construction of a transition for the safe conveyance of traffic from his improved section to the existing roadway. b. Road Shall Be Extended. The improved section of road shall be extended to the boundary of the proposed development, as outlined in sub - section 4 -620 J.l.g., si= Pattern, with the transition being constructed "beyond" the proposed development onto the existing road. The following formula shall be applied to the taper or lane change necessary for this transition: where: L= WS2 /60 L= Length of transition in feet W =Width of offset in feet S =Speed limit or 85th percentile speed. K. Structures. The developer shall be responsible to have all bridges, culverts, retaining walls, borings, tunnels or other structures within the proposed development designed by a Professional Engineer, licensed in the State of Colorado, and shall be responsible to have said structures constructed, reconstructed or repaired through the warranty period. The engineer shall provide certification, upon completion of any such structures, that it meets the minimum requirements for the intended use, traffic loading and soils conditions prior to acceptance of the public improvements by Eagle County. All such structures shall meet the following minimum standards: Strength. Structures shall be of sufficient strength to accommodate an AASHTO HS -20 loading. LAND USE REGULATIONS 4 -85 EAGLE COUNTY, COLORADO h f: IxpfOWUIUI [G.nnlm81t141hL4Td.CO: l.'m'[m6e 13. /99R , .. I I "III I I I I I I I "III I I' I I I' V I I I III' I" I III I I I I I I I (I III 678174 12/01/1998 04:43P 370 Sara Fisher 236 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -630 SIDEWALK AND TRAIL STANDARDS 2. Pedestrian Facilities. Facilities for pedestrians, bicyclists or equestrians shall be provided if the structure traverses a roadway. The facilities shall have a width equal to the travelled way, plus four (4) feet and shall include walkways and handrails. 3. Hydraulic Capacity of Bridges and Culverts. Bridge structures shall be designed with a hydraulic capacity to pass the one hundred (100) year flow, as determined by a drainage study with a IIEC -2 analysis. Standards for the required placement of and hydraulic capacities for culverts are found in Section 4 -660, Grading and Erosion Control. 4. Bridges and Culverts. Bridges and culverts shall be designed with adequate guardrails (where required), roadway approach grades and curvature to assure safe sight distance. 5. Roadway Fill. An adequate channel and wingwalls shall be provided to protect approach roadway fill from scouring and erosion. L. Street Name And Traffic Control Signs. The names of all streets shall be subject to the approval of the Board of County Commissioners, and wherever applicable, shall be consistent with street names, physical conditions and historic features in the surrounding areas. The developer shall be required to furnish and install street name signs and all traffic control signs and devices necessary in accordance with the "Manual of Uniform Traffic Control Devices" and the Colorado Supplement thereto. A street sign plan shall be submitted with the public improvement plans that demonstrates conformance to this standard. M. Railroad Crossings. The developer shall be required to obtain all necessary forms and permits, and to perform any work required by the Public Utility Commission in the event any portion of the development involves a railway crossing. SECTION 4 -630 SIDEWALK AND TRAIL STANDARDS A. Trails Standards. The following standards shall apply to any trails or paths required by the Board of County Commissioners through development approval. For standards not specifically listed here, the design, layout and construction details in the Eagle County Trails Plan, dated September 16, 1993 and as subsequently amended, shall apply. Per Section 4 -610 A.2., Standards Are Not Inflexible, these standards are not inflexible and may be modified if alternate design, procedure or material can be shown to provide better performance and or environmental sensitivity. Minimum Width. The minimum recommended width of a trail or path is ten (10) feet with one to two (1 to 2) feet of clear area, graded for drainage on each side of the trail and surfaced with aggregate base course. See the Eagle County Trails Plan for additional standards on width;, 2. Minimum Surfacing. Three (3) inches of asphalt over six (6) inches of compacted aggregate LAND USE REGULATIONS 4 -86 EAGLE COUNTY, r.�ny696krsmcemn�mgltlN.UHTicO: A'mzm6v 13, l93A 1111111 11III 678174 II11111 11111 12/01/1998 III IN 04.43P 11111111 III 111111 1111111 370 Sara Fisher 237 of 403 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 4' SITE DEVELOPMENT STANDARDS 4-630. SIDEWALKAND TRAIL STANDARD s 1, base course over a well- compacted subgrade. Concrete is acceptable as surfacing and may be required for trails that will be accepted for maintenance by a public agency, particularly for areas prone to flooding, erosion or unstable soils. Concrete trails shall have a minimum thickness of four (4) inches of 3,000 point psi concrete over six (6) inches of compacted aggregate base course. The extent of paved trails necessary to service a proposed development and link with adjacent trails systems will be determined through the development process. 3. Grades. 1 % to 2 % maximum grade recommended. Sections over 5 % grade and under 500 feet long may be acceptable if wider trail width provided. 10% is the maximum allowed in very short distances of trail. 4. Drainage. Sloping in one direction at an optimum of 2 %, or up to 5 % on curves, is preferred over crowning to provide drainage. Hillside trails shall incorporate drainage swales on the uphill side to intercept downhill drainage. Catch basis and culverts may be necessary. Drainage structures such as grates and covers shall be located off of the trail. 5. Trail Easement. All trails which will become part of the County regional trail system as determined through the development process, or which maintain, replace or create trail connections to public land shall be platted as public easements, unless located and approved in the public road right -of -way. Easements shall be to the County for use by the public. 6. Public Improvements. Said trails or paths shall be considered public improvements and shall be collateralized, constructed and subject to terms and conditions of the other public improvements in the development. Public Lands Access. As part of any development proposal that is adjacent to public lands, existing trail connections to public lands should be maintained or replaced. Creation of public lands access is recommended, where appropriate. Paved surfacing is not recommended for this type of trail, but subject to review through the development process. 8. Private Trails. Trails which are contained within a subdivision and are for the exclusive use of its residents shall be designed in accordance with these criteria, with the exception that width of path may be reduced if it is determined that with a combination of trails and attached sidewalks, adequate pedestrian facilities will be provided. B. Sidewalk Standards. 1. Minimum Width. When sidewalks are called for in Table 4 -620 J., Summary Of Environmental, Geometric And Design Standards, the minimum width shall be four (4) feet for an attached sidewalk and six (6) feet for a detached sidewalk (provided the detached sidewalk is not a component of the Trails Plan, in which case it would be subject to the standards of that Plan). 2. Minimum Thickness. All sidewalks shall have a minimum thickness of four (4) inches of reinforced three thousand (3 ono <i ­ncrete over a compacted six (6) inch CDOT Class 6 'g LAND USE REGULATIONS 4 -87 EAGLE COUNTY, COLORADO `.. % cAxy60Wnmlc (irnn4rg(eIWrURT -r.CO: NOrx brr i]. IWH I I"III "III I'I'�II "'II I'I I'I' III'I"I III I"'II III "'I 678174 12/01/1998 04:43P 370 Sara Fisher 238 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4• SITE DEVELOPMENT STANDARDS 4 640 IRRIGATTON SYSTEM STANDARDS aggregate base course (ABC). Shoulder for Detached Sidewalks. Detached sidewalks shall have a one (1) foot ABC shoulder on either side brought up flush with the-edge of the sidewalk, and sloped down at a grade of four (4) percent away from the sidewalk for drainage purposes. 4. Mountable Curb. When mountable curb is called for in Table 4 -620 J., Summary Of Environmental. Geometric And Design Standards, the sidewalk may be a monolithic pour. 5. Curb Ramps. Curb ramps shall be installed as required by the Americans with Disabilities Act in accordance with CDOT Standard M- 608 -1. 6. Compliance With CDOT Standard. Curbs, gutters and walks shall be constructed to comply with CDOT Standard M- 609 -1, as the situation requires per Table 4 -620 J., Summary Of0f Environmental. Geometric And Design Standards. SECTION 4 -640 IRRIGATION SYSTEM STANDARDS A. Surface Water Rights. If there are surface water rights appurtenant to lands proposed to be developed, utilizing an irrigation system, the applicant shall provide evidence of compliance with the requirements of applicable Colorado Law. B. Irrigation Water. If irrigation water is to be made available in a development, it shall be the i responsibility of the applicant to install an acceptable delivery system. The applicant and irrigation ditch' owner shall collaborate on any necessary improvements to the ditch or attendant structures prior to final approval of the development. Such improvements shall be considered public improvements and shall be collateralized, constructed and subject to the terms and conditions of the other public improvements in the development. 1. System Standards. The irrigation delivery system shall meet minimum delivery requirements for the development and shall encompass the control of wastewater, drainage water, and surface water resulting from irrigation, and shall protect and deliver the water rights of others using the same water source. 2. Review. The irrigation delivery system shall be reviewed and approved by the County Environmental Health Manager, considering how it affects the operation of individual sewage disposal systems on lots within and adjacent to the development. The irrigation delivery system may also be subject to review and approval by the State Engineer. C. Restriction Of Irrigation Methods. Eagle County may restrict the methods of irrigation to be employed in a development in order to prevent an artificial and detrimental rise of the groundwater table under the subdivided land or adjacent lands. D. Irrigation Ditch Easements. Irrigation ditch easements shall be provided for all irrigation ditches LAND USE REGULATIONS 4 -88 EAGLE COUNTY, COLORADO =�vuvumeimmn.asrnu.uxra.m: nror.„m..za, rvva I I"III "III "VIII "'II I'I I'I' III'I"I III �"I" III I"I 678174 12/01/1998 04:43P 370 Sara Fisher 239 of 405 R 0.00 D 0.00 N 0.00 Eagle Co f J ARTICLE 4. SITE DEVELOPMENT STANDARDS 4 -650 DRAINAGE STANDARDS 1 crossing the proposed development, unless the applicant can prove conclusively that they have been legally abandoned. Irrigation ditch easements shall be of a width equal to the average ditch width plus twenty (20) feet, or as otherwise recommended by the ditch owner and as approved by the Board of County Commissioners. E. Irrigation Ditch Maintenance. Irrigation ditch owners shall be responsible for the maintenance of the ditch and any attendant structures unless other written agreements are entered into between the applicant and ditch owner. Such agreement(s) shall be filed as part of the final approval documents. Maintenance within the public way shall require the applicant to obtain a "Permit To Construct Within The Public Way Of Eagle County", which is administered by the Eagle County Engineer's Office. SECTION 4 -650 DRAINAGE STANDARDS A. Purpose and Applicability. 1. Purpose. Land development, particularly increased impervious surface area, has been shown to degrade water quality and alter natural hydrology. The standards of this section are intended to minimize the likelihood and extent of flooding and environmental damage from uncontrolled urban runoff. 2. Applicability. These standards shall apply to any commercial or industrial development, any proposed subdivision or PUD, proposed development within one hundred (100) feet of a water body, and to any other development creating ten thousand (10,000) square feet or more of impervious surface area. B. Standards. Stormwater runoff from all proposed development shall be managed so as to comply with the following standards. Other techniques, not specifically identified, may be considered for implementation subject to the approval of Eagle County. 1. No Direct Discharge. Stormwater discharge shall comply with one (1) of the following management options: a. Vegetated Surface. Sheetflow across at least one hundred (100) feet of stable, vegetated surface prior to discharge to any natural water body, or flow in one hundred (100) feet of non - erosive grass channels; b. Detention. On -site treatment of stormwater by use of best management practices designed to detain and infiltrate the runoff and approved as part of the Stormwater Control Plan prior to discharge to any natural water body; or C. Structure. Discharge to a stormwater conveyance structure, designed to accommodate the projected additional flows from the proposed project, with treatment by a stormwater treatment facility prior to discharge into any natural water body. LAND USE REGULATIONS 4 -89 EAGLE COUNTY, COLORADO cixy&1WnwlArnh4o81rINiNXlI.<O: Norrm4rr L. LN8 - 1111111 IIIII 1111111 IIIII III IN IIIIIIII III 111111 111 III 678174 12/01/1998 04 :43P 370 Sara Fisher 240 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -650. DRAINAGE STANDARDS 2. Minimize Directly- Connected Impervious Areas. The extent of directly - connected , impervious areas shall be minimized by having runoff from fifty (50) percent of all developed impervious surfaces (rooftops, parking lots, sidewalks, etc.) drain over grass buffer strips before reaching stormwater conveyance systems. The fifty (50) percent requirement may be reduced if the outflow from the grass filter strip is directed to other stormwater treatment methods. a. Examples. Examples of other potential techniques to be used in conjunction with grass buffer strips are: infiltration devices; constructed wetlands; sand filters; replacing curb and gutter systems with low velocity grass lined swales; and, over - sizing swales, ditches and culvert crossing (such as driveway intersections) to provide additional detention storage. b. Slope. The maximum allowable slope for developed land surfaces that drain to grass buffer strips is ten (10) percent. The slope of the vegetative buffer strip itself should be no greater than five (5) percent and should be of a uniform gradient to insure evenly distributed sheet flows. Terracing and retaining wall construction may be required if necessary to maintain allowable slopes. C. Formula. The design width, or distance along the sheet flow direction, shall be the greater of the following: width = 8.0 feet 0.2 L Where L equals the length of the flow path of the sheet flow over the upstream impervious surface. 3. Detain and Treat Run -off. Permanent stormwater detention facilities shall be designed to: (1) treat stormwater for pollutant removal; (2) reduce peak flows to historic levels; (3) minimize extreme flooding; and, (4) prevent erosion of downstream channels. Detention facilities shall be designed to comply with the following standards: a. Pollutant Removal. Removal of pollutants shall be accomplished by providing ninety (90) percent trap efficiency for particles 0.005 nun in diameter or larger from the two (2) year, twenty -four (24) hour storm. For drainage from parking lots, vehicle maintenance facilities, or other areas with extensive vehicular use, this standard may require the use of a sand and oil grease trap or similar practice (e.g., constructed wetland, extended detention with no initial release, etc.). b. Peak Flow Reduction. Peak flow reduction shall be accomplished by limiting detention pond release rates to historic (undeveloped) peak flows for all storms up to and including the twenty -five (25) year, twenty-four (24) hour design storm. In determining runoff rates, the entire area contributing runoff must be considered, including any off -site contribution. Off -site contributions shall be based on the fully LAND USE REGULATIONS 4 -90 EAGLE COUNTY, COLORADO c: InyN 'Wntvl[l1m41[v4kIWi41XJI.Cp; X.11M11 .. IM 111111 11III 678174 1111111 VIII 12/01/1998 111 IIII 04:43P 11111111 III 1111111 111 IN 370 Sara Fisher 241 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -660. GRADING AND EROSION CONTROL STANDARDS developed potential based upon proposed land uses. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must provide for the safe passage of the one hundred (100) year storm event. C. Downstream Channels. Channels downstream from the discharge of stormwater shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the twenty -five (25) year design storm. The use of natural drainage ways as receiving streams is required unless it can be shown that no alternatives to changing natural drainage locations exist. C. Stormwater Control Plan. An applicant for any development listed in Section 4 -650 A.2., Applicability, shall submit a stormwater control plan prepared by a qualified professional. The plan shall contain the applicable information as listed in Section 4 -660 C., Erosion and Sediment Control Plan, and the following additional information: Calculations. Hydrologic, hydraulic and all other calculations used to size and design drainage facilities and /or structural best management practices. 2. Maintenance. Maintenance measures for all proposed best management practices shall be identified including access, schedules, costs, and designation of a responsible party. SECTION 4 -660 GRADING AND EROSION CONTROL STANDARDS A. Purpose and Applicability. 1. Purpose. Siltation of rivers and other water bodies is a leading cause of water quality impairment in rivers and lakes. The purpose of these requirements is to minimize the water quality impacts resulting from land development and other land disturbing activities. 2. Applicability. This section shall apply to any disturbance within one hundred (100) feet of a stream, all residential development disturbing more than one -half (1/2) acre, all commercial and industrial development, and all proposed subdivisions and PUD's. B. Erosion Control Standards. The applicant shall minimize erosion of soils from a site that is being developed by complying with the following standards. 1. Phase Construction. Construction activities, such as clearing, grading, road construction, and utilities installation shall be phased to minimize soil exposure. Sediment trapping practices and stream and other water body protection shall be installed and stabilized before site grading or other construction is initiated. 2. Soil Stabilization. All disturbed areas and soil stockpiles shall be surface roughened, mulched, or seeded and mulched, or otherwise protected from erosive forces if they will remain exposed and inactive for periods longer than fourteen (14) days, or if soil will be exposed during winter, LAND USE REGULATIONS 4 -9I EAGLE COUNTY, COLORADO c1up50Wmn1r4em�mglAdiWfRf.CO; KmemLer H, IAIB I I"�II "III "I'III "'II Iii I'I' II�'I"I III I"I'I'II �"I 678174 12/01/1998 04:43P 370 Sara Fisher 242 of 405 R 0.00 D 0.00 N 0.00 Ea91e CO ARTICLE 4.• SITE DEVELOPMENT STANDARDS 4 -660. GRADING AND EROSION CONTROL STANDARDS so erosion will not occurring during spring snow melt. Disturbed areas shall be mulched, or seeded and mulched within seven (7) days after final grade is reached. Grass or straw mulch shall be crimped in place. On slopes steeper than twenty (20) percent, or within fifty (50) feet of any water body, exposed soils shall be hydromulched or covered with nets or mats. I . Permanent Revegetation. Any disturbed area that is not built upon for one (1) year or longer shall be revegetated with a perennial, native grass mix. Within one growing season of project completion, vegetative site coverage shall be equal to or greater than seventy (70) percent of the disturbed areas. 4. Cut and Fill Slopes. Where cut and fill cannot be avoided, slopes shall be designed for long term stability. Permanent vegetation should be used as the preferred approach to stabilization of cut and fill areas where slopes are less than or equal to three to one (3:1). On steeper cut and fill slopes, stabilization may be attained by utilizing retaining walls, rock walls, up slope runoff diversions, slope drains or other measures appropriate for the specific situation. Step retaining walls shall be positioned such that the width of the step is half the height of the wall. Retaining walls over four (4) feet in height shall be designed by a professional engineer. Revegetation of the steps is required. In no case shall the soil surface of a cut and fill slope remain exposed without an approved method of soil stabilization. 5. Construction in or Adjacent to a Water Body. Construction in or directly adjacent to any water body, such as culvert or bridge installation, shall require bed and bank stabilization. This may include stream isolation through the use of coffer dams, complete containment of the stream in the area of the disturbance, stream crossing structures, or limits on the dates when - ?1 in- stream work can be performed. 6. Channels and Ditches. New or re- routed irrigation ditches, receiving channels and streams shall be protected so that flows from the site do not cause erosion and flooding. 7. Stormwater Runoff. Stormwater runoff flows shall be managed to minimize erosion and sediment transport. Concentrated flows shall be diverted away from disturbed slopes. The length and steepness of disturbed slopes shall be minimized, or slope drains shall be used. 8. Sediment and Mud Control. Sediment and mud shall be prevented from leaving the construction site by immediate placement of street base or construction of mud pads in access routes. Mud pads shall be at least fifty (50) feet in length and comprised of angular rock and /or a wheel washing facility. Adjacent properties shall be protected by using sediment fences, straw bales, and silt traps. Storm sewer inlets shall be protected from entry of sediment -laden water. 9. Sediment Detention. When the contributing drainage area, including off -site area, is greater than five (5) acres, sediment detention ponds, infiltration devices, and other management practices which store or detain runoff shall be used to treat sediment - containing runoff prior to discharge from the construction site. These practices shall be designed to treat the runoff from the two (2) year, twenty -four (24) hour storm. Sediment detention ponds, when included, shall LAND USE REGULATIONS 4 -92 EAGLE COUN7T, COLORADO C.1 60&'m141i'Wmgklwrwr4.00: Nmemh V'lws 111111111111111111111111111111111111 IN IIIIIIII III 111111 III IN 678174 12/01/1998 04:43P 370 Sara Fisher 243 of 405 R 0.00 D 0.00 N 0.00 Eagle CO y ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -660 GRADING AND EROSION CONTROL STANDARDS be designed to achieve ninety (90) percent trap efficiency for all sediments of .005 mm or larger diameter. If the discharge from the pond is passed through a filtration (i.e. a constructed wetland) or infiltration device, the trap efficiency requirements may be reduced. Where the contributing drainage area is less than five (5) acres, a specific engineered design for these sediment trapping facilities shall not be required. Silt traps may be used to detain and treat runoff if the contributing drainage area is less than five (5) acres. 10. Temporary Sediment Ponds. Temporary sediment ponds that will be removed after successful revegetation of the site shall be designed to safely detain and release all storms up to and including the twenty-five (25) year, twenty-four (24) hour storm at its historic, pre - development rate of release.. Ponds that will be left as permanent facilities shall have a capacity to safely pass the one hundred (100) year flood and meet any dam and diversion requirements of the State Engineer. 11. Construction De- Watering. All construction de- watering activities shall conform with the State's construction de- watering permit requirements, which include daily monitoring of total suspended solids with a thirty (30) day average concentration of no more than thirty (30) mg /1 and a seven (7) day average of no more than forty -five (45) mg /1. Discharges from construction de- watering operations shall be accomplished in a manner that does not cause erosion. 12. Inspection and Maintenance. The applicant shall inspect all erosion and sediment control devices after any precipitation event during construction, and make any necessary repairs immediately thereafter. At a minimum, erosion and sediment control devices shall be inspected monthly. An inspection log shall be kept on -site for review by County officials until the project is complete. A copy of the inspection log sheets shall be delivered to the County at the end of each month during construction. C. Erosion and Sediment Control Plan. An applicant for any development listed in Section 4 -660 A.2., Applicability, shall submit an erosion and sediment control plan prepared by a qualified professional. The plan shall contain the following information: 1. Existing Features. Location of all existing and proposed structures and hydrologic features on the site, including intermittent water features, wetlands and the one hundred (100) year flood plain and all drainage structures or natural features on the land adjacent to the site and within a minimum of one hundred (100) feet of the site boundary line.' The map must show the locations of street gutters, storm sewers, drainage channels, other water conveyance structures, wetlands or other waters receiving storm runoff from the site. 2. Topography. Existing and proposed topography at reasonable contour intervals, to provide necessary detail of the site. Existing and proposed areas of fifteen (15) to thirty (30) percent and greater than thirty (30) percent slope shall be identsned. The map should extend a minimum of one hundred (100) feet beyond the property line and show the location of the property line. The map should show elevations, dimensions, location, extent and slope of all proposed grading including building site and driveway grades and the boundary limits of p LAND USE REGULATIONS 4 -93 EAGLE COUNTY, COLORADO <: Ixy &P6vraldimulenBielWlApFI.CO: A'vrrmber D, 1938 I"III I'III "I'III "'II I'I I'I' III'I"I III I"'II I'I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 244 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -670. M TYAND LIGHTING STANDARDS clearing and grading. 3. Plans. Plans of all drainage features, paved areas, retaining walls, cribbing, planting, temporary or permanent soil erosion control measures, or other features to be constructed in connection with or as part of the proposed development. As applicable, design drawings of sediment controls, temporary diversions, and practices used shall be provided. A brief description, including specifications, shall also be provided of how the site will be stabilized after construction is completed. 4. Storage Areas. The location of storage areas designated for equipment, fuel, lubricants, chemical and waste storage. Details on spill containment structures shall be provided where storage of these materials is planned. The location of soil stockpiles and snow storage areas shall also be shown, along with the location of any temporary roads designed for use during construction period. 5. Construction Schedule. The plan shall describe the expected starting and completion dates of the site grading and /or construction, including the installation and removal time periods of erosion and sediment control measures, and the duration of exposure of each area prior to the completion of temporary erosion and sediment control measures. 6. Calculations. Any calculations made for determining rainfall, runoff, sizing any sediment basins, diversions, conveyance or detention/retention facilities. NPDES Permit. Evidence of compliance with state and federal requirements to obtain a National Pollutant Discharge Elimination System ( NPDES) permit for construction sites disturbing five (5) acres or more. SECTION 4 -670 UTILITY AND LIGHTING STANDARDS A. Utility Easements. Easements acceptable to the utility provider shall be shown on the plat and construction plans, in compliance with the utility provider's design standards. Where utilities are not provided within a dedicated road right -of -way, easements of not less than twenty five (25) feet shall be provided in the proposed development for accommodating water lines, sanitary sewers and stormwater drainage, unless, in the case of stormwater drainage easements, the drainage study indicates that additional easement width is necessary. The minimum width of easements for power lines, telephone lines and other utilities shall be fifteen (15) feet. The suggested form and contents of said easement dedication is found in Appendix _ of these Regulations. R. Utility Laterals. All utility service laterals shall be stubbed to the property line of each lot. C. Utility Conduits. Conduits may be required to be placed in public rights -of -way or public and private access easements at intersections or other locations for the installation of future utilities in order to avoid excavation or disturbance in newly constructed roadways. The potential need for such conduits shall be identified during the development's preliminary review stage. Dosing preparation of the final public LAND USE REGULATIONS 4 -94 EAGLE COUNTY, COLORADO'} ca.neovmmm'.mirysram.werr.co; xo. =gym. u, rsne ,' ..... IIIIIII"III"VIII VIII III IIII 1111111111111 111111111111111 67817412/01/1998 04:43P 370 Sara Fisher 245 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4: SITE DEVELOPMENT STANDARDS 4 -680 WATER SUPPLY STANDARDS improvement plans, the applicant's engineer shall coordinate the design for the location and placement of the conduits with the necessary utility service provider(s). Such conduits shall be considered public improvements and shall be collateralized, constructed and subject to the terms and conditions of the other public improvements in the development. D. Witnessing of Horizontal Locations. The horizontal location of the ends of laterals and conduits shall be witnessed by the developer's engineer to a minimum of three (3) separate and distinct points, with a permanent record made of same so that the lateral or conduit may be located in the future. Copies of these records shall be furnished to the Eagle County Engineer's office prior to acceptance of the public improvements by the County. Horizontal witnessing shall be to property corners, fire hydrants, manholes, water valve boxes and other "permanent" features. E. Vertical Location. In addition to witnessing the horizontal location of laterals and conduits, a vertical witness shall also be accomplished. Vertical witnessing shall be based on depth below ground and elevations based on datum used for the development. Bench marks shall be shown on witness records. F. Street Lighting. The applicant shall provide street lighting for all development in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi - Family (RMF), Commercial Limited (CL), Commercial General (CG), and Industrial (I) zone districts. The applicant shall also comply with the standards for illumination contained in Section 4 -250, Illumination Standards, as applicable. 1. Cooperation With Local Electrical Company. Lighting shall be designed in cooperation with the local electrical company serving the proposed area. 2. Coordinate With Other Public Improvements. The design shall be submitted with the public improvement plans. The lighting shall be constructed at the same time as all other public improvements construction. 3. Maintenance. Responsibility for continuing maintenance of the street lights shall be outlined and submitted with the road plans. SECTION 4 -680 WATER SUPPLY STANDARDS A. Potable Water Supply. Potable water supply shall be made available to all platted lots and other developments. Public Water Supply Accessible. Where an approved public water supply is located within four hundred (400) feet of the proposed development, the developer shall connect to such system and install water lines and appurtenances to make the water supply available at the property lire of each lot within the development. 2. Public Water Supply Not Accessible. Where an approved water supply is not reasonably accessible or procurable, the applicant shall, at the discretion of the Board of County LAND USE REGULATIONS 4 -95 EAGLE COUNTY, COLORADO :i.r�v "min.nnirose.iu.uer�.co: rverr ,a. IM II"III 678174 "III "I'III "'II 12/01/1998 Iii I'I' 04:43P (II'I"I III I""I) II I"I 370 Sara Fisher 246 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR7ICLE4• SITE DEVELOPMENT STANDARDS 4 -680 WATER SUPPLY STANDARDS Commissioners, either: a. Install Central Water System. Install a central water supply system and water lines to each lot from wells or other approved sources that complies with the standards of the Colorado Department of Public Health and Environment and receives the approval of the State Engineer; or b. Submit Evidence of Adequate Supply. Submit evidence satisfactory to the State Engineer that an adequate water supply that complies with the standards of the Colorado Department of Public Health and Environment and Eagle County will be available to each lot in the proposed development. The water supply may be from individual wells using groundwater, provided the lots are of adequate size, as specified herein, and provided the other standards specified herein are met. 3. Calculation of Adequacy of Supply. The adequacy of the water supply for any proposed system shall be calculated based on the total planned development of the subdivision, using standard engineering practices, based on per capita water usage derived from peak demand, storage and fire protection requirements. Fire protection requirements shall be related' to location and character of the development. a. Individual Supplies. If individual water supplies are to be used, a report confirming the adequacy of the supply and stating the expected aquifer depths shall be furnished. b. Large Developments. For a development containing more than fifteen (15) lots or water taps or a development on land having varying geology, the report shall be comprehensive so as to be applicable to all lots in the proposed development. C. Community Water System. Where a community water system is proposed, the availability and adequacy of the water sources and associated rights shall be delineated and certified by an Professional Engineer licensed in the State of Colorado. d. Analysis of Water Samples. Representative samples of the water source shall be analyzed by a reputable laboratory to determine conformance with Colorado drinking water standards. 4. Submission Standards. The preliminary plans for the development shall contain a design of the water supply system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates'. 5. Construction and Administration of Facilities. a. Construction Standards. The water supply system in the proposed development shall conform to the standards and specifications of the nearest district that supplies water LAND USE REGULATIONS 4 -96 EAGLE COUNTY, COLORADO ciwpcouomi�cru�os�nuuxrt.co; x�.rmn..v, isax . IIIIII IIIII 678174 1111111 IIIII 12/01/1998 III IN 04:43P IIIIIIII III IIIIIII II IIII 370 Sara Fisher 247 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -690 SANITARY SEWAGE DISPOSAL STANDARDS - in the event future connection can be made. b. Phased Construction Permitted. Construction of facilities may be phased upon approval of a phasing plan by the Board of County Commissioners. C. Administration. Where a central water system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town, water district or an approved corporation. B. Fire Fighting Facilities. The developer shall provide a fire fighting water supply, fire hydrants and fire fighting system within the development. Such hydrants and fire fighting system shall be of the type, size and number and shall be installed in locations specified by the Fire Protection District having jurisdiction, or in instances where the proposed development lies outside of any District boundaries, by the nearest such District. SECTION 4 -690 SANITARY SEWAGE DISPOSAL STANDARDS A. Sanitary Sewage Disposal System Required. No lots shall be platted and no development shall be permitted unless an economical and reliable method of disposal of sanitary sewage is available to that lot or development. 1. Public Sanitary Sewer System Accessible. Where a public sanitary sewer system is located within four hundred (400) feet of the proposed development, the applicant shall connect to such sanitary sewer system where and whenever feasible and provide adequate connection lines and appurtenances to make the sewer facilities available at the property line of each lot of the development. 2. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not located within four hundred (400) feet of the proposed development, the applicant shall install sewage disposal facilities, or lot owners shall install individual sewage disposal systems for each lot, provided the lots are of adequate size, and provided the other standards specified in the Eagle County Individual Sewage Disposal System Regulations are met. B. Standards for Central Sanitary Sewer System. Where a central sanitary sewer system is to be constructed, the design and construction of the system shall comply with the regulations of the Colorado Department of Public Health and Environment and shall be reviewed and approved by that Department and by the Board of County Commissioners through their authorized representative. 1. Treatment Facilities. Sewage treatment facilities of an approved design shall be constructed to adequately treat all collected sewage. All proposed sewer plants shall make provisions for - the handling and disposal of sewage sludge. 2. Collection Sewers. Collection sewers shall be designed and provided to service each lot. LAND USE REGULATIONS 4 -97 EAGLE COUNTY, COLORADO alwy&IWamlAmtrlmP<<IdhLPTJ.CO: Norc.MO L, I99A 111111 678174 "III "1'111 I'III 12/01/1998 I" IN 04:43P IIIII"I III 1111111111111111 11 IN 370 Sara Fisher 248 of 405 R 0.00 0 0.00 N 0.00 Eagle CO mA ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -690 SANITARY SEWAGE DISPOSAL STANDARDS 3. Conformance With Standards of Nearest District. The system shall conform to the standards r and specifications of the nearest district that supplies sewage treatment facilities, in the event future connection can be made. 4. Administration. Where a community sewage system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town, a sanitation district, or an approved corporation with a Public Utilities Commission permit. C. Standards For Individual Sewage Disposal Systems. 1. Individual Design. Each lot in the development shall be individually designed so that an individual sewage disposal system may be constructed on it that complies with Eagle County Individual Sewage Disposal System Regulations. The applicant shall identify a primary site and an alternative site for on -site sewage disposal. 2. State and County Review Required. Each development wherein individual systems are proposed for the disposal of sewage shall be reviewed by the County Environmental Health Manager, to determine their compliance with the County's standards for such systems. The County Environmental Health Manager may refer the development plans to the Colorado Department of Public Health and Environment for comment and approval, if required. Required Tests. The applicant shall furnish to the satisfaction of the County Environmental Health Manager or Colorado Department of Public Health and Environment a report summarizing the percolation, groundwater and soil characteristics tests performed. a. Minimum Number and Spacing of Test Holes. The tests shall be performed in a sufficient number in separate test holes spaced uniformly over the proposed absorption field sites, such that the results of said tests indicate that site conditions are adequate to permit the installation of the proposed type of soil absorption system without creating sanitation or pollution problems. (1) Test Methods. The absorption and percolation rates shall be determined by the methods prescribed by the County Environmental Health Division determines to be equivalent in accuracy. (2) Developments Having Varying Geology. In developments on land having varying geology, tests shall be run at sufficient locations to assure that each lot will have an acceptable primary and alternate location for an individual system: b. Qualifications. The tests shall be performed by a registered professional engineer licensed in the State of Colorado or a qualified geologist. D. Submission Standards. The preliminary plans for the development shall contain a design of the sewage disposal system at a preliminary engineering level sufficiently detailed to fully represent the LAND USE REGULATIONS 4 -98 EAGLE COUNTY, COLORADO dxy69WnmlvlimukuBfelNrWtFLCO; h'orm5er 3 ;1998 I"IIL"�II'II'III "'II I'I I'I' III'I"I III I"I"I II I"I � 878174 12/01/1998 04:43P 370 Sara Fisher 249 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR77CLE 4: SITE DEVELOPMENT STANDARDS 4 -690. SANITARY SEWAGE DISPOSAL STANDARDS f3 mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. 1 111111 "III "1'11111111111 IN III'I"I 1111111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher --°. 260 of 408 R 0.00 D 0.00 N 0.00 Eagle Co v LAND USE REGULA77ONS 4 -99 EAGLE COUNTY, COLORADO :anwak„ immiMarnuwera.m: xo..,a..v. rya ARTICLE 4: SITE DEVELOPMENT STANDARDS 4- 700. SCHOOL LAND DEDICATION STANDARDS DIVISION 4 -7. IMPACT FEES AND LAND DEDICATION STANDARDS SECTION 4 -700 SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 30- 28- 133(4)(a), C.R.S., 1973, as amended, the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools, when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, by applying the formulas set forth herein. 1. Single - Family & Duplex Units. Number of units X .014495 = dedication requirement in acres. 2. Multi - Family Units. Number of units X .002676 = dedication requirement in acres. Mobile Home Units. Number of units X .022300 = dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the respective School District for such purpose, and shall be maintained by the, School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District, sell such land. C. Cash -in -Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the full market value of such sites and land area for schools. Full market value shall mean the current market value of unimproved land. This value shall be set annually by the Board of County Commissioners on an acre basis with recommendations from the School District. 1. Report By Appraiser. If a subdivider does not agree with the value per acre, such subdivider can submit a report by a qualified appraiser, who is a member of the M.A.I., which establishes a new value. The Board of County Commissioners shall review such report and determine the value of such land. 2. Money Shall Be Held By the Board. When money in lieu of land is required or when monies have been paid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the construction. of school LAND USE REGULATIONS 4 -700 EAGLE COUNTY, COLORADO sa. yeovomiu ..m.oareu.uara. %,vo,,,a.. v. iwa I I"III "III "I'I�� "'ll I'I I'I' III'I"I III I"'II' II I"I 678174 12/01/1988 04:43P 370 Sara Fisher 251 of 405 R 0.00 D 0.00 N 0.00 Eagle CO .r m ARTICLE 4: SITE DEVELOPMENT STANDARDS 4 -710. ROAD IMPACT FEES (RESERVED) facilities or employee housing, for the purchase of employee housing units for the School District or for the development of said sites. If housing units are purchased, a deed restriction restricting their use to School District employee housing shall be required and ownership shall remain in the name of the School District. D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall apply only once to the same land area. Dedications shall not be required of re- subdivisions of the same land when a dedication has previously been made. E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. SECTION 4 -710 ROAD IMPACT FEES (RESERVED) LAND USE REGULATIONS e: Ixp6O''dacictievrlmg;eINMAT4.CO; N Ivx ee V, 1998 111111 11111 678174 1111111 11111 12/01/1998 III 1111 04:43P IIIIIIII III 1111111 II 1111 370 Sara Fisher 252 of 408 R 0.00 D 0.00 N 0.00 Eagle CO 4 -101 EAGLE COUNTY. 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CR CO) CD— C9 cn �U z F O� W U h h GG OV i a J W W —_ w m� O J� +� A _ A t+� um� C9 0 OD= A— � A� B W- �� ZWi� J — mm d 7 � mr — e A M — S 07 _ a o� b °Y U C 00 00 G G W G❑ �o �C 0 Ho �qw O C J �F z <ZF �Wu y�o �u � JGc zp m k W ❑J ow ClJ x x x x x x x x x x x x x x x x x x �u U C< O p C O C U Y, x x 0 O; c<f� ❑ ° `� ❑ o q c Z C O O E � ❑ Z U O a O C C O p F � C ❑ W � � W C W O ❑ IYJ � � FYI K O O 6 '� U C uY1 C V O g op. ° i a J W W —_ w m� O J� +� A _ A t+� um� C9 0 OD= A— � A� B W- �� ZWi� J — mm d 7 � mr — e A M — S 07 _ amp of o WU �G U a "TIT �a CU ❑ 00 UC k Z H U Ho 6 rj❑ 0 B z�o e z 5JQ 5a�i c� o O u ❑J y_J CKU U x x x x x x x x x x x x x C6 °a o k x x x J 5 a Ja� $$off aic°� C O aS° o o Z < z U{Z. a O 0 C j O Y C C U Y yY L'1 V O w < ❑ ❑ µt 0 tl J J 0 O O 6 kS u D tl q m 0 tlC .m ° U U 6 U U O U 0 U 0 U 0 U 0 U 0 U G ❑ ❑ C W OI N OJD � N � O J� 'A A- A N— � N= .'O N B t.� to CS) Om� A = B " A � - • av� ZW� de e r ms — e m� w a= S = 0-3 � CC/� En 16; in \) (\ \� / � \ � � a ! \/ 2 . § k |( )§ f, ) z§ ` ) §§ § §/ ;§ (] B§ 4 . y §` §( §\ ) (/ x x x x x x \ ~ 0 §\ § §// . x � /\ \ }\ \ \ \ } \\ / � \ verified in the planning stages with the Eagle County Road and Bridge Department. 111111 11III 678174 1111111 11111111 12/01/1998 IN 04:43P 11111"1 11111111 IN IN 370 Sara Fisher 391 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 19 �� _vim .- � 8) Signs A) Purpose: 1) To create a unified comprehensive sign program for community identification and location and identification of public facilities; 2) To create a style and mood for the community and to orient visitors and residents. B) Applicability: The provisions of this section shall apply to all public signage. All private and commercial uses shall conform to Division 4 -3, Sign Regulations. C) Administrative Review: Application for a sign permit shall be made to the Eagle -Vail Architectural Control Committee and following approval, to the County Sign Administrator and shall include the following: 2 copies of a scaled drawing which depicts the sign. Drawing should show sign height, size, materials, construction and location in relation to buildings, setbacks, property lines and landscape features. D) Sign Allowance: Major Entrance Signs: East Entrance (Eagle Road/Highway 6) - 2 P.U.D. Identification signs not to exceed 42 square feet each and 8 feet in height; West Entrance (West edge of the subdivision) - I P.U.D. Identification sign not to exceed 50 square feet and 8 feet in height; This signage is to identify the subdivision (i.e. logo), and describe public facilities. It shall be coordinated with entrance walls, landscaping and integral lighting to create the desired subdivision style. 2. Minor Entrance Signs: Three Minor Entrances - Not to exceed 32 square feet per intersection and 8 feet in height; 1111111 Hill 1111111 illll III IIII IIIIIIII IN 1111111111 IN 17 678174 12/01/1998 04:43P 370 Sara Fisher 389 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r., This signage is to identify the subdivision (i.e. logo), and give directional information. It shall be located on stone pilasters and shall be coordinated with landscaping and lighting to create the desired subdivision style. Major Directional Signs: Appropriate intersection signage identifying Eagle -Vail and giving directions to public facilities and Eagle -Vail roads. They shall not exceed 16 square feet, 6 feet in height and 3 in number. 4. Minor Directional Signs: Not to exceed 4 square feet, 4 feet in height and 5 in number. This signage shall match the style of the major directional signs and the public facility signs to create a unified look. 5. Public Facility Signs: These signs are to be on the facility property to identify the facility and shall not exceed 16 square feet, 6 feet in height and 3 in number. They shall match the style of the directional signage and ~; be coordinated with buildings, landscaping and lighting to create a unified look. 6. Street Signs: These signs are to be at each intersection and shall be two street flags per post or light standard. They are to be metal reflective signs on wood backing matching the style of the regulatory signage. 7. Regulatory Signs: These shall be located by the Eagle County Road and Bridge Department per regulatory standards. They shall be standard metal reflective signs on wood backing. 8. Location Limitations: As these signs are located on public lands, they shall be coordinated with drainage swales, underground utilities, surface utilities and landscaping so as not to interfere with water directional drainage, road operations and sight lines (generally 1 to 10 feet from the edge of the road right -of -way). Locations shall be IF 111111111111111111111111111 IN 111111111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 390 of 405 R 0.00 D 0.00 N 0.00 Ea91e CO APPEADIXB plex designation. (orig. 9/16/92) b) Fourplex, triplex, duplex or single family dwelling unit. (orig. 9/16/92) C) Day Care Home. (orig. 9/16/92) (2) Uses, Special Review: a) Day Care Center; (orig. 9/16/92) b) Home occupation for office use or studio for the arts and crafts. (orig. 9/16/92) (3) Maximum Density: 4 dwelling units per original lot. Adjacent lots may be combined. (orig. 9/16/92) (4) Floor Area Ratio: .50 Floor Area Ratio defined to include all space between exterior walls excluding true basements (uninhabitable space) and garages. (orig. 9/16/92) (5) Lot Coverage: .25 Defined as building footprint including cantilevered space and garages (excluding decks). (orig. 9/16/92) (6) Total Impervious .60 Impervious materials Materials: defined to include any roof area and non - porous walking, driving or parking surface. (orig. 9/16/92) (7) Maximum Building 35 feet (orig. 9/16/92) Height: (8) Front Setback: 25 feet from property line of the original lot. (6rig.9/16/92) (9) Side and Rear 12 -1/2 feet or 1/2 the Setbacks: height of any building, 15 111111111111111111111111111 IIII 11111111 IIII 11111111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 387 of 405 R 0.00 D 0.00 N 0.00 Eagle CO APPENDIX B r. whichever is greater, from property line of the original lot. (orig. 9/16/92) (10) Snow Removal: 20% of outside parking and driveway area. Snow removal space must have a minimum dimension of 6 feet on all sides, be not more than 12 feet deep and be adjacent to parking or driveway area. No trees and shrubs will be allowed in snow storage area. (orig. 9/16/92) (l 1) Parking: 3 spaces per trait. One of these spaces may be located behind a garage door only if the use of each space is formally allocated to a specified unit (legally controlled). (orig. 9/16/92) (12) Fractional Fee Estates and Bed and Breakfast Home Occupations are prohibited. (orig. 9/16/92) Minimum Use Standards: All commercial development shall comply with the following requirements: (a) All fabrication, service and repair operations shall be conducted within a building; (b) All storage of materials shall be within a building; (c) Loading and unloading of vehicles shall be conducted on private property and not on any street or alley; (d) No dust, noise, odor, glare or vibration shall be projected beyond the lot; (e) All outside parking abutting or facing a -lot in a residential zone shall be enclosed by a sight- obscuring landscape buffer or fence. The landscape buffer or fence shall obstruct the parking from view on the sides of the property abutting or facing the lot. The landscape buffer or fence shall be of such material and design so as not to detract from adjacent residences and shall be built according to plans submitted by the owner to and approved by the.County Zoning Administrator; (f) A landscape plan shall be prepared by a landscape architect or other qualified landscape designer. 111111 IIIII 678174 1111111 11111 12/01/1998 III IN 04:43P IIIIIIII IN IIII IIII IIII 370 Sara Fisher 388 of 406 R 0.00 D 0.00 N 0.00 Eagle CO IR �3 J � and garage (excluding decks). (amend. 10/17/90) (4) Total Impervious .50 Impervious materials defined to include any driving and parking surface. (amend. 10/17/90) (5) Floor Area Ratio .35 Floor Area Ratio defined to include all space between exterior walls excluding true basements (uninhabitable space) and garages. (amend. 10/17/90) (6) Maximum Building Exception: Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and spires, domes, cupolas, towers and similar noninhabitable building appurtenances may exceed by not more than 30 percent of the building height limitations of the applicable Zone District. (orig. 10/17/90) (7) Front Setbacks Arterial /Collector Street: 50 feet from front property line. Local Street: 25 feet from front property line. (orig. 11/28/89) (8) Side and Rear 12.5 feet or .5 height. of Setbacks building, whichever is greater. (orig. 11/28/89) (9) Parking a) Auditorium, Public Assembly, Classrooms - I space per 100 square feet of floor area used for seating or assembly. (orig. 11/28/89) b) Bookstore, Retail - 1 space per 300 square feet of floor area (except storage area). (orig. 11/28/89) C) Parsonage - 3 spaces. (orig. 11/28/89) 13 1 111111 11111 1111111 11111 III 1111 11111111 1111 1111 1111 1111 678174 12/01/1998 04:43P 370 Sara Fisher 385 of 403 R 0.00 D 0.00 N 0.00 Eagle CO d) Caretaker - 2 spaces. (orig. 11/28/89) e) All parking and driveway surfaces to be paved. (orig. 11/28/89) f) Site specific engineer designed drainage plans shall be submitted prior to the issuance of any building permits. (orig. 11/28/89) This plan shall preserve the character of the Eagle River by way of runoff controls such as on -site detention (refer to the Upper Eagle Valley non -point source control plan). (amend. 10/17/90) (10) Landscape Requirements - All outside parking facing or abutting a lot or street in a residential use or zone shall have sight - obscuring landscape buffer or fence. The landscape buffer or fence shall be of such material and design as will not detract from adjacent residences and shall be built according to plans submitted by the owner to and approved by the County Zoning Administrator. A landscape plan shall be prepared by a landscape architect, architect, or other qualified landscape designer. (orig. 11/28/89) (11) Snow Removal - An area or areas totaling not less than 20% of all parking and driveway surfaces shall be provided on the site for snow storage. Designated snow storage areas to be included on landscape plan. (orig. 11/28/89) (12) Signage - One sign, not to exceed 30 square feet, shall be located so that it is readily visible from the street abutting the front setback. If the sign is freestanding, the height above grade shall not exceed 7 feet. One additional sign shall be provided for the identification of a bookstore, not to exceed 10 square feet and shall be readily visible from the street abutting the front setback. If the sign is free standing, the height above finished grade shall not exceed 5 feet. The design and materials of the sign shall be in character with and not detract from adjacent properties. (amend. 10/17/90) Detached Townhome Lot (orig. 9/16/92) Purpose: To provide for clustered single - family housing within a townhome style organization. Townhome lots will represent the footprint of the individual structures and accessory uses directly associated with the structure, such as parking spaces. Ownership and maintenance of common area will be the responsibility of the homeowners association. Setbacks, floor area ratio, lot coverage, and total impervious material will be calculated on the total of all structures as if for a single structure on the original lot. (orig. 9/16/92) (1) Uses by Right: a) Detached Townhome, density not to exceed the original 4- 14 1 II111111111 III111111111 III IN 111111111111 11111111 IIII 678174 12/01/1998 04:43P 370 Sara Fisher 386 of 405 R 0.00 D 0.00 N 0.00 Eagle CO a) Sen .f 23 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) 7 (15) (16) (17) (18) 7 ,ice and retail uses: Any use listed under Uses By Right above which is to be a drive -in establishment where the customer receives goods or services while occupying a vehicle; Auditorium; Auto washing facility; Automobile repair garage; Boarding house; Church; Clinic; Community building; Convalescent home; Educational Facility; Fraternal lodge; General service establishment including: a) service and repair of appliances; b) service and repair of automobiles; C) vehicular rental; Hotel; Motel; Nursing home; Parking lot or garage as principal use of the lot; Rooming house; Utility substation; b. Minimum Lot Area: 7,500 square feet and as further restricted under the Supplementary Regulations. C. Maximum Lot Coverage: 40 percent by buildings, or a total of 70 percent including coverage by all other impervious materials. d. Maximum Floor Area Ratio: 0.50:1.0 and as further restricted under the Supplementary Regulations. C. Minimum Setbacks: (1) Front Yard: Arterial/Collector Street - 50 feet from front property line; 11 1111111 IIIII 1111111 IIIII III 1111 111 1111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 383 of 405 R 0.00 D 0.00 N 0.00 Eagle CO (2) Rear Yard: (3) Side Yard f. Maximum Height of Buildings: e) Church (orig. 11/28/89) Local Street - 25 feet from front property line; 25 feet from rear property line; 10 feet or half the height of any building, whichever is greater; 35 feet Purpose: To provide for the construction of a church and its accessory uses. (orig. 11/28/89) (1) Uses by Right: a) Church - A building or group of buildings used for the gathering of persons for such purposes as worship, deliberation, education, instruction, entertainment or non commercial dining; (orig. 11/28/89) b) Parsonage /Caretaker Unit - One structure containing two dwelling units. The Caretaker Unit (Secondary Unit) shall be no more than 25% of the gross floor area of the two dwelling units, must be integral with the architecture of the Parsonage (Primary Unit) and cannot be subsequently subdivided or transferred in ownership. The Parsonage /Caretaker Unit may be part of the church structure; (orig. 11/28/89) C) Classrooms; (orig. 11/28/89) d) Recreational Facilities; (orig. 11/28/89) e) Day -Care Facilities; (orig. 10/17/90) f) Bookstore - A structure or part of a structure used for the sale of theological, religious, or Christian books, music, stationery or related gifts. The bookstore shall be no more than 15% of the gross floor area of the church. (orig. 10/17/90) (2) Uses, Special Review - None. (3) Lot Coverage .25 Defined as building footprint including cantilevered space I I"II) "III "I'III "'I) I'I I'I' III'I'II IS IIII "11 IN 678174 12/01/1998 04 :43P 370 Sara Fisher 12 384 of 405 R 0.00 D 0.00 N 0.00 Eagles CO _a (12) Fractional Fee Estates and Bed and Breakfast Home Occupations are prohibited. Multi - Family (1) Uses by Right: aa. Multiple dwelling units. bb. Day Care Home. (2) Lot Coverage: (3) Total Impervious Materials: (4) Floor Area Ratio: (5) Maximum Building Height: (6) Front Setbacks: (7) Side and Rear Setbacks: .30 Lot Coverage defined same as for duplex. .60 Impervious materials defined to include any driving and parking surface. .50 Floor Area Ratio defined same as for duplex. 35 feet. Local Street: 35 feet from front property line. Collector /Arterial Street: 50 feet from front property line. 12 -1/2 feet or 1/2 the height of any building, whichever is greater. (8) Parking: 2.5 spaces per unit. (9) Snow Removal: Same as for Duplex. (10) Bed and Breakfast Home Occupation and Fractional Fee Estates are prohibited. Commercial Purpose: To provide for the limited range of commercial uses needed to meet the daily or convenient shopping needs of neighborhood residents in the immediate area. (1) Uses by Right: a) Retail establishments including sales of: 1111111 11111 111111111111111 IN 11111111 1111111111 II 1111 9 678174 12/01/1998 04:43P 370 Sara Fisher 381 of 405 R 0.00 D 0.00 N 0.00 Eagle CO (2) 1) Appliances; 2) Automotive and vehicular parts; 3) Bakery, when incidental to another use; 4) Beverages; 5) Clothing; 6) Dry goods; 7) Food; 8) Furniture; 9) Garden supply and plant materials, provided all activity is conducted within a building; 10) Hardware; b) Personal service establishment including: 1) Art gallery; 2) Bank; 3) Barber or beauty shop; 4) Greenbelt; 5) Indoor recreation; 6) Indoor theater; 7) Laundromat; 8) Laundry or dry - cleaning pick -up station; 9) Library; 10) Mortuary; 11) Museum; 12) Park; 13) Photography studio; 14) Private club; 15) Public building for administration; 16) Reading room; 17) Restaurant; 18) Shoe repair; 19) Tailor shop; C) Office, (provided all activity is conducted within a building) for conduct of: 1) a business or profession; 2) studio or conduct of arts and crafts; d) Residential, as defined in this Appendix B, (5) Uses, Special Review, above, and as regulated therein. A special review hearing is required for the following uses: 1 111111 10 678174 "III "1'11111111111 12/01/1998 IN 04:43P III'I"I II'I 111 11111 IN 370 Sara Fisher 382 of 405 R 0.00 D 0.00 N 0.00 Eagle CO APPEAD/X B 6. Use Restrictions and Guidelines j Duplex Lot (1) Use by Right: aa. Duplex or single family dwelling unit. bb. Day Care Home. (2) Uses, Special Review: aa. Day Care Center. bb. Home occupation for office use or studio for the arts and crafts. (3) Fractional Fee Estates and Bed and Breakfast Home Occupation are specifically prohibited. (4) Density: 2 dwelling units /lot. (5) Floor Area Ratio: .35 Floor Area Ratio defined to include all space between exterior walls excluding true basements (uninhabitable space) and garages. (6) Lot Coverage: .25 Defined as building footprint including cantilevered space and garages (excluding decks). (7) Total Impervious .50 Impervious materials Materials: defined to include any driving and parking surface. (8) Maximum Building Height: 35 feet. (9) Front Setback: 20' from property line. (10) Side and Rear Setback: 12.5 feet or 1/2 the height of any building, whichever is greater. (11) Snow Removal: 20% of outside parking and driveway area. Snow removal space must have } a minimum dimension of 6 feet on all sides, be not more than 12 feet III IN 111111111111111111111111 7 678174 12/01/1998 04:43P 370 Sara Fisher 379 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i deep and be adjacent to parking or driveway area. No trees and shrubs will be allowed in snow storage area. (12) Parking: 3 spaces per unit. One of these spaces may be located behind a garage door only if the use of each space is formally allocated to a specified unit (legally controlled). 4 -Plex Lot (1) Uses by Right: (2) Uses, Special Review: (3) Density: (4) Floor Area Ratio: (5) Lot Coverage: aa. Fourplex, triplex, duplex or single family dwelling unit. bb. Day Care Home. aa. Day Care Center; bb. Home occupation for office use or studio for the arts and crafts. 4 dwelling units per lot. .50 Floor Area Ratio defined same as for duplex. .25 Lot Coverage defined same as for duplex. (6) Total Impervious .60 Impervious materials Materials: defined to include any driving and parking surface. (7) Maximum Building Height: (8) Front Setback: (9) Side and Rear (10) Snow Removal: (I1) Parking: IN 1111111111111111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 380 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 35 feet 25 feet from property line 12 -1/2 feet or 1/2 the Setbacks: height of any building, whichever is greater. Same as for Duplex. Same as for Duplex. APPENDIXB 5) Recreation Lot 6) Commercial Limited Lot 7) Church Lot 8) Detached Townhome Lot 5. Uses, Special Review: A) Eagle -Vail Subdivision, Filing No. 1: Tracts A, B, C, D, E and I. B) Eagle -Vail Subdivision, Filing No. 2: Tracts A, B, C, D, E, F, G and H. A) Eagle -Vail Subdivision, Filing No. 1, Lot 1, Mountain Terrace: A) Eagle -Vail Subdivision, Filing No. 2, Block 2, Lot IA. (orig. 11/28/89) A) Eagle -Vail Subdivision, Filing No. 2, Block 3, Lots 10 -11. (orig. 9/16/92) A lot which can be used solely for multiple family residential purposes, condominiums, apartments, retail shops, service shops (excluding automobile service stations), restaurants, motels, hotels, lodges, professional offices and medical clinics, and upon which the number of dwelling, condominium, apartment, motel, hotel or lodge units to be constructed and the number of buildings to be so constructed upon said lot shall be as approved by the Board; provided that said lot shall not exceed 60,000 square feet of enclosed floor space (exclusive of underground parking garages) per acre of land. 111111111III 878174 1111111 HE 12/01/1998 Ill IN 04:43P 111111111111111111111111 370 Sara Fisher 377 of 408 R 0.00 D 0.00 N 0.00 Eagle CO MULTI - FAMILY UNIT, INVENTORY (As of 1979) EAGLE -VAIL SUBDIVISION, FILING # 1 MULTI- FAMILY LOT Clubhouse Condominiums Mountain Terrace Stone Creek Meadows Cornerstone Swim Club 19th Fairway Par 6 UNITS LOCATION 14 Block 3, Lot 109 30 Lots 1, 2 and 3 (formerly Block 3, Lots 107 and 108) 232 Block 6, Tracts G, J, & K 33 Block 6, Lot 35 8 Block 3, Lot 106 26 Block 3, Lot 105 56 Block 3, Lot 73 399 Total EAGLE -VAIL SUBDIVISION, FILING # 2 MULTI - FAMILY LOT UNITS LOCATION Eagle River Condos 6 Block 2, Lot 22 Sunriver 65 Block 2, Lot I Mountain Stream 54 Block 2, Lot I Left Bank at Eagle -Vail 54 Block 2, Lot 1 River View Apartments 73 Block 1, Lot 1 The Woods 21 Block 1, Lot 80 273 Total 111111 (IIII 11111111 IIII IIIIIIII 1111111111 II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 378 of 405 R 0.00 D 0.00 N 0.00 Eagle CO G1 'J "Recreation Lot" shall mean and refer to a parcel which may be used solely for recreational purposes such as golf, swimming, picnicking, volleyball, open space and the like, and which may have constructed thereon buildings associated with such uses. 4. Use Regulations a. Land Uses The lots within the Eagle -Vail Subdivision, Filing Nos. 1 and 2, and Whiskey Hill as designated and described on the recorded final plats thereof fall within the following land use categories: Definition Lot Description 1) Duplex Lot A) Eagle -Vail Subdivision, Filing No. 1: Block 1, Lots 10 -72, inclusive; Block 2, Lots 1 -7, inclusive; Block 3, Lots 1 -15, inclusive; Block 3, Lots 28 -72, inclusive; Block 3, Lots 74 -101, inclusive; Block 3, Lots 110 -126, inclusive; Block 6, Lots 1 -11, inclusive; Block 6, Lots 14 -20, inclusive; Block 6, Lot 28; Block 7, Lots 1 -6, inclusive; Block 8, Lots 1 -6, inclusive; Tract F. B) Eagle -Vail Subdivision, Filing No. 2: Block 1, Lots 1 -19, inclusive; Block 1, Lots 25 -51, inclusive; Block 1, Lots 53 -79, inclusive; Block 1, Lots 7 -21, inclusive; Block 3, Lots 13 -42, inclusive; Block 4, Lots 1 -15, inclusive; Block 4, Lots 16 -38, inclusive; Block 4, Lots 42 -97, inclusive. C) Whiskey Hill Subdivision Lots 1 -34, inclusive. 111111 111111 678174 "V111111111I1 12/01/1998 IN 04:43P 11111111 (III 11111111 IN 370 Sara Fisher 375 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 2) Fourplex Lot A) Eagle -Vail Subdivision, Filing No. 1: Block 1, Lots 3 -9, inclusive; Block 3, Lots 16 -27, inclusive; Block 3, Lots 102 -104, inclusive; Block 4, Lots 1 -8, inclusive; Block 5, Lots 1- 14, inclusive. B) Eagle -Vail Subdivision, Filing No. 2: Block 1, Lots 20 -23, inclusive; Block 1, Lot 52; Block 2, Lots 3 -6, inclusive; Block 3, Lots 1 -9, inclusive, Lot 12; Block 4, Lots 40 and 41. 3) Multi - Family Lot A) Eagle -Vail Subdivision, Filing No. 1: Block 3, Lots 73 and 105; Block 3, Lots 106 and 109; Lots 2, and 3 (formerly Block 3, Lots 107 and 108); Block 6; Tracts G, J and K. B) Eagle -Vail Subdivision, Filing No. 2: Block 1, Lot 80; Block 2, Lots 1 and 2; Block 2, Lot 22. C) Whiskey Hill Subdivision Lot 35. 4) Commercial Lot A) Eagle -Vail Subdivision, Filing No. l: Block 1, Lots 1 and 2; Block 9, Lots 1 -4, inclusive. B) Eagle -Vail Subdivision, Filing No.2: Block 4, Lot 39. Illllllllll 1111111 illii 111 III' Ii11i1ii Illl 11111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 376 of 406 R 0.00 D 0.00 N 0.00 Eagle CO M Appendix B: EAGLE -VAIL PUD GUIDELINES Purpose To provide for the Eagle -Vail Subdivision, Filings 1 and 2, Eagle County, Colorado and Whiskey Hill, Eagle County, Colorado, the necessary control document pursuant to Section 24 -67 -101 et seq., C.R.S. and Section 2.06.13 of the existing Land Use Regulations which was not previously adopted by the Board of County Commissioners, the Eagle -Vail Subdivision having been developed prior to the adoption of these Land Use Regulations. 2. General a. The zoning and land use restrictions set forth in this Section 2.06.15 shall apply to all real property located and included within the Eagle -Vail Subdivision, Filings Nos. I and 2, as set forth on the final plats thereof recorded in Book 225 at Page 302 and Book 232 at Page 782, respectively, of the Eagle County real property records and Whiskey Hill as set forth on the final plat thereof recorded in Book 256 at Page 733 said Subdivisions being hereinafter referred to throughout these regulations as "Eagle- Vail ". b. The remaining provisions of these Land Use Regulations shall apply to development within Eagle -Vail to the extent applicable and not inconsistent with the specific provisions of this Appendix B. In the event of a conflict, inconsistency or incongruity between the provisions of this Appendix B and the provisions of any other section contained in these Land Use Regulations, the provisions of this Appendix B shall in all respects govern and control the development of Eagle -Vail. C. The procedure for modifying or amending this Appendix B as applied to specific instances shall be governed by Section 5 -240, Planned Unit Development (PUD) District of these Land Use Regulations. d. Special Review: The Eagle -Vail special review shall follow all the requirements for a special use permit, as shown at Section 5 -250, Special Uses of the Eagle County Land Use Regulations. Definitions - As used in this Appendix B, the following words and terms shall have the following meanings: a. 'Bed and Breakfast - Home Occupation" shall mean a lawful use incidental to the use of the dwelling for dwelling purposes and wherein no more than 4 persons at any one time are provided lodging and/or meals for compensation. I II III 1 11111 I III III 11111 I I I IN I I 1111111 I II I I 11111 II II 1 678174 12/01/1998 04 :43P 370 Sara Fisher 373 of 405 R 0.00 D 0.00 N 0.00 Eagle CO b. "Commercial Lot" shall mean and refer to a parcel which may be used for multiple family residential purposes, condominiums, apartments, retail shops, service shops (including automobile service stations), restaurants, motels, hotels, lodges, medical clinics and professional offices. C. "Day Care Center" shall mean and refer to a facility used for the whole or part of a day for the care of seven (7) or more children, not related to the owner, operator or manager thereof; whether such facility is operated with or without compensation for such care; and providing that one loading space be provided in addition to the standard parking requirements. d. 'Duplex Lot" shall mean and refer to a lot which may be used solely for residential purposes and upon which not more than one building containing not more than two Dwelling Units and not more than two garages may be constructed. e. 'Dwelling Unit" shall mean and refer to one or more rooms in a building designed to be used and occupied by one family living independently of any other family, having not more than one indoor kitchen facility, to be used solely for residential occupancy. f. "Fourplex Lot" shall mean and refer to a lot which may be used solely for residential purposes and upon which not more than one building containing not more than four Dwelling Units, and not more than four garages, may be constructed. g. "Home Occupation" means any lawful use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. Home occupations may include, but not be limited to, professional offices. h. "Kitchen Facility" means fixtures and equipment for food storage and preparation of meals, which may include any or all of the following, but not be limited to a sink, stove, microwave oven, dishwasher and refrigerator and food storage facilities. "Multi- Family Lot" shall mean and refer to a lot which may be used solely for residential purposes, upon which may be constructed a building or buildings to be used for multi - family residential purposes (condominiums, townhouses, apartments or other comparable uses), provided that the total number of Dwelling Units to be constructed on a particular Multi - Family Lot shall not exceed the number of Dwelling Units allowed for such lot as designated on the recorded final plat relative thereto and as further designated in this Appendix B(4). 111111 11111111111111111111 678174 12/01/1998 IN MAP P 111'11'1 1111 111'11 111111 370 Sara Fisher 374 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i 1111111111 11111111111111111111 878174 12/01/1998 IN 04:43P Illillll 111111111111 IN 370 Sara Fisher 283 of 408 R 0.00 D 0.00 N 0.00 Eagle CO ,w__ .m,� _n AR7ICLE5: ADMIMSTRATION ARTICLE 5 ADMINISTRATION TABLE OF CONTENTS (rta•�Iila' PAGE DIVISION 5 -1. DUTIES AND RESPONSIBILITIES OF DECISION - MAKING. ADMINISTRATIVE AND ADVISORY BODIES .......................... 5 -1 Section 5 -100. Board of County Commissioners ...... ............................... 5 -1 Section 5 -110. Planning Commission ............. ............................... 5 -2 Section 5 -120. Zoning Board of Adjustment ........ ............................... 5 -6 Section 5 -130. Hearing Officer ................. ............................... 5 -8 Section 5 -140. Community Development Director ... ............................... 5 -10 - Section 5 -150. Code Enforcement Officer ......... ............................... 5 -10 Section 5 -160. County Attorney ............... ............................... 5 -11 Section 5 -170. County Engineer ............... ............................... 5 -11 DIVISION 5 -2. COMMON PROCEDURES ........ ............................... 5 -12 Section 5 -200. General ..................... ............................... 5 -12 Section 5 -210. Provisions of General Applicability ... ............................... 5 -15 Section 5 -220. Interpretations ................. ............................... 5 -25 Section 5 -230. Amendments to the Text of these Land Use Regulations or the Official Zone District Map .................. ............................... 5 -26 Section 5 -240. Planned Unit Development (PUD) District ............................. 5 -28 Section 5 -250. Special Uses .................. ............................... 5 -50 Section 5 -260. Variances .................... ............................... 5 -54 LAND USE REGULATIONS 5 -i EAGLE COUNTY, COLORADO J: xnslW .moicnnu,4usncnLUTS. %NmrMrv. ivse I"I�I "III "VIII "'II III IN III'I"I III I"' 11111 I"I 878174 12/01/1998 04:43P 370 Sara Fisher 254 of 405 R 0.00 D 0.00 N 0.00 Eagle CO J ARTICLE 5. ADMIMSTRA770N TABLE OF CONTENTS TABLE OF CONTENTS (Cont'd) Section 5 -270. Subdivision Exemption ........... ............................... 5 -57 Section 5 -280. Subdivision ................... ............................... 5 -59 Section 5 -290. Minor Subdivision .............. ............................... 5 -78 Section 5 -2100. Certificate of Zoning Compliance .... ............................... 5 -82 Section 5 -2200. Public Way and Easement Vacations .. ............................... 5 -82 Section 5 -2300. Beneficial Use Determination ....... ............................... 5 -85 Section 5 -2400. Appeals of Staff Decisions /Interpretations ............................. 5 -89 Section 5 -2500. Vested Property Rights ........... ............................... 5 -90 Section 5 -2600. Temporary Regulations ........... ............................... 5 -92 111111111111111111111111111 678174 12/01/1998 IN 04:43P IIIIIIII 111 111111111111 IN 370 Sara Fisher 255 of 408 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5-ii EAGLE COUNTY, COLORADO clx ➢5/VUtoICGeNrImB�rINiUftT -S.CO: A'on Srr 33, /9J8 _s ARTICLE 5: ADMINISTRATION 5 -100. BOARD OF COUNTY COMMISSIONERS ARTICLE 5 ADMINISTRATION DIVISION 5 -1. DUTIES AND RESPONSIBILITIES OF DECISION - MAKING, ADMINISTRATIVE AND ADVISORY BODIES The following decision- making, administrative, and advisory bodies shall have the following duties and responsibilities in the administration of these Land Use Regulations. SECTION 5 -100. BOARD OF COUNTY COMMISSIONERS A. Powers and duties. In addition to any authority granted the Board of County Commissioners by general or special law, the Board of County Commissioners shall have the following powers and duties under the provisions of these Land Use Regulations: 1. Amendment to text of these Land Use Regulations. To initiate, hear, consider, and approve or disapprove applications to amend the text of these Regulations. 2. Amendment to Official Zone District Map. To initiate, hear, review, consider, and approve or disapprove applications for amendment to the Official Zone District Map of these Land Use Regulations. 3. PUD. To hear, review, consider, and approve or disapprove applications for Sketch /Preliminary Plan for Planned Unit Development (PUD) District. 4. Exemptions from Subdivision. To hear, review, consider, and approve or disapprove applications for exemption to Plats for Subdivision. 5. Subdivision. To hear, review, consider, and approve, approve with conditions, or disapprove applications for development permit for Sketch Plan/Preliminary Plan and Final Plat for Subdivision. 6. Minor Subdivisions. To hear, review, consider and approve, approve with conditions, or disapprove applications for Minor Subdivision. 7. Special Uses. To hear, review, consider and approve, approve with conditions or disapprove Special Use Permits. S. Beneficial Use Determination. To hear, review, consider and approve, approve with conditions or disapprove Appeals for Beneficial Use Determinations. .3 LAND USE REGULA77ONS 5 -1 EAGLE COUNTY, COLORADO rAx ➢5144volcG'rnulmBlrlWrNRTS.LO; Navr de 13,1W8 - 111111111111111 11111III 1111IIIlilll III111111111IN 678174 12/01/1998 04:43P 370 Sara Fisher 256 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATION 5 -110. PLANNING COMMISSION 9. - Public Way Vacations. To hear, review, consider and approve, approve with conditions or disapprove vacations of public ways and easements. 10. Variance on Improvement Standards. To hear, review, consider and approve, approve with conditions, or disapprove variances to improvement standards. 11. Appeal Decision/Interpretation of Community Development Director. To hear, review, consider, and affirm, modify, or reverse appeals of interpretations or decisions made under these Land Use Regulations by the Community Development Director. 12. Extensions/Expirations. To hear, review, consider and determine whether to approve an extension of a Special Use Permit, Sketch Plan/Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan/Final Plat for Subdivision. 13. Expiration of Permits. When appropriate, to initiate and determine when to take action to expire the life of a Special Use Permit, Sketch/Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan/Final Plat for Subdivision. 14. Special Districts. To hear, review, consider, and approve or disapprove the service plans for Special Districts. 15. Appoint Hearing Officers. To designate and appoint Hearing Officers to make decisions as the Board of County Commissioners may deem appropriate. 16. Other Action. To take such other action not delegated to the Planning Commission, the Zoning Board of Adjustment, or Hearing Officers or heads of County departments, as the Board of County Commissioners may deem desirable and necessary to implement the provisions of the Master Plan and these Regulations. SECTION 5 -110. PLANNING COMMISSION A. Eagle County Planning Commission. There is hereby established the Eagle County Planning Commission. 1. Powers and duties. The Eagle County Planning Commission shall have the following powers and duties under the provisions of these Land Use Regulations for all matters within the unincorporated portions of Eagle County. a. Prepare Master Plan. To prepare or cause to be prepared or amended the Master Plan, or any element or portion thereof, for adoption by the Planning Commission. The Eagle County Planning Commission shall be responsible for the preparation, adoption and amendment of the countywide master "plan and community plans for areas of Eagle County that are not within the boundaries of a regional planning commission. LAND USE REGULATIONS 5 -2 EAGLE COUNTY, COLORADO :myveo-,mmr.m.¢mmuxr -s.ro: xo�,w.,v. rsva I IIIIII VIII IIIIIII VIII III III' IIIIIIII III I'I'I IIII IIII � 678174 12/01/1998 04:43P 370 Sara Fisher 257 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSM77ON 5 -II0. PLANNING COMMISSION b. Prepare these Land Use Regulations. To prepare or cause to be prepared Land Use Regulations to implement the Master Plan, for adoption by the Board of County Commissioners. C. Recommend amendments to text of these Land Use Regulations. To initiate, hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove applications to amend the text of these Land Use Regulations. d. Recommend amendments to Official Zone District Map. To initiate, hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove amendments to the Official Zone District. Map of these Land Use Regulations. e. Recommend Planned Unit Development (PUD) District. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove applications for a Sketch /Preliminary Plan for a Planned Unit Development (PUD) District. f. Special Uses. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve, approve with conditions, or disapprove Special Use Permits. g. Subdivision. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve, approve with conditions, or disapprove applications for development permit for Sketch/Preliminary Plans for Subdivision. h. Special Districts. To hear, review, consider, and recommend approval, approval with conditions, or disapproval to the Board of County Commissioners of service plans for Special Districts. i. Make expertise available. To make its special knowledge and expertise available upon written request and authorization of the Board of County Commissioners to any official, department, board, commission or agency of the County, a City within the County, the State or Federal governments. Recommend rules of procedure. To recommend to the Board of County Commissioners additional or amended rules of procedure not inconsistent with this Section to govern the Planning Commission's proceedings. k. Make additional studies. To make studies of the resources, possibilities and needs of the County upon the authorization of the Board of County Commissioners, and to report its findings and recommendations, with reference thereto, to the Board of County Commissioners. LAND USE REGULATIONS clxySlNOPo1<Gm /tlmglelNrL4PF5.00; N,vo rD. 1WH 5 -3 EAGLE COUNTY, COLORADO I'llll'lll"'I'lll'I' 678174 12/01/1998 11 I'I IN 04:43P IIIII"I I'I I'll' II'I I"I 370 Sara Fisher 258 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATYON 5 -110. PLANMNG COMMISSION 2. Planning Commission membership. a. Qualifications. Members and associate members of the Eagle County Planning Commission shall be residents of Eagle County prior to appointment, and registered voters. No member of the Board of County Commissioners shall serve on the Eagle County Planning Commission. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration should be given to applicants who have experience or education in planning, law, architecture, natural resource management, real estate, and related fields. b. Appointment. The Eagle County Planning Commission shall be composed of seven (7) voting members and associate members as necessary, to be appointed by a majority vote of the Board of County Commissioners by Resolution. 3. Terms of office. All members and associate members serving on the Planning Commission on the effective date of these Land Use Regulations shall complete their terms according to their prior appointments. The term of office of each member appointed under these Land Use Regulations shall be for three (3) years. The term of office for each associate member appointed under these Land Use Regulations shall be for one (1) year. When a person is appointed to fill out the term of a departing member or associate member, that person's term shall end at the time the departing member's or associate member's term would have ended. 4. Removal from office. Any member of the Eagle County Planning Commission may be removed for cause (misconduct or nonperformance of duty) by the Board of County Commissioners upon written charge and after a public hearing. 5. Vacancy. Whenever a vacancy occurs on the Eagle County Planning Commission, the member's or associate member's position shall remain vacant until a new member or associate member can be appointed by the Board of County Commissioners. 6. Officers; quorum; rules of procedure. a. Chairman and vice - chairman. At an annual organizational meeting; the members of the. Eagle County Planning Commission shall elect a Chairman and Vice - Chairman from among its members. The Chairman's and Vice - Chairman's term shall be for one (1) year. No member shall serve as Chairman for more than two (2) consecutive terms. The Chairman shall administer oaths, shall be in charge of all proceedings before the Eagle County Planning Commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning Commission. In the absence of the Chairman, the Vice - Chairman shall act as Chairman. In the absence of both the Chairman and Vice - Chairman, a temporary Chairman shall be elected by a majority of the quorum present, who shall act as Chairman. LAND USE REGULATIONS 5 -4 EAGLE COUNTY, COLORADO c:IryJlWaml(imnlmgielWiU.PI J.CO. h'm,mM1ei 13. 193F IIIIII I'I"'ll'III 11111111 111 IN IIIII"I III I'I" IIII IIII 678174 12/01/1998 04:43P 370 Sara Fisher 259 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE5: ADMIMSTRATION 5 -110. PLANMNG COMMISSION b. Secretary. The Community Development Director shall serve as Secretary of the Eagle County Planning Commission. The Secretary shall keep minutes of all proceedings, which shall summarize all proceedings before the Planning Commission, which shall include the vote of all members upon every question, and be attested to by the Secretary. The minutes shall be approved by a majority of the Planning Commission members voting. In addition, the Secretary shall maintain all records of Planning Commission meetings, hearings, proceedings, and the correspondence of the Planning Commission. C. Staff. The Community Development Department shall be the professional staff of the Eagle County Planning Commission. d. Quorum and voting. The presence of four (4) or more members or alternate members substituting for members shall constitute a quorum of the Eagle County Planning Commission necessary to take action and transact business. All actions shall require a simple majority vote of the quorum. e. Rules of procedure. The Eagle County Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business. and shall keen a record of resolutions. fmdines. and determinations, and a record of meetings. 7. Meetings. a. General. Meetings of the Eagle County Planning Commission shall be held on the first and third Wednesdays of each month to dispense of matters properly before the Planning Commission. Additionally, meetings may be called by the Chairman or at the request of three (3) members of the Planning Commission. The location of all Planning Commission meetings shall be in the County in a place accessible to the public. b. Meetings open to public. All meetings and public hearings of the Eagle County Planning Commission shall be open to the public in a place accessible to the public, except that meetings held in executive session pursuant to Colorado law shall not be open to the public. C. Notice. Public hearings shall be set for a time certain after due public notice pursuant to Section 5- 210.E, Notice of Public Hearings. 8. Compensation. The members of the Eagle County Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage and continuing education expenses as may be authorized by the Board of County Commissioners, B. Regional Planning Commission. A regional planning commission shall be responsible for the preparation, adoption and amendment of community plans within its boundaries and for review and LAND USE REGULATIONS 5 -5 EAGLE COUNTY, COLORADO [ :IxySlWntol[Iim4lea8leIWUM5.00: Na'm"]]. 1938 1 I"III 678174 "III "1'111 11'11 12/01/1998 111 IN 04:43P III'I"I 111 111111111 I"I 370 Sara Fisher 260 of 405 R 0.00 0 0.00 N 0.00 Eagle CO i ARTICLE 5: ADMJMSTRAT70N 5 -120. ZONING BOARD OF ADJUSTMENT recommendation to the Eagle County Planning Commission regarding "the countywide master plan and Land Use Regulations. A regional planning commission shall also have the power and duty to review all land use applications within its boundaries and to make recommendations on said applications to the Board of County Commissioners. The Regional Planning Commission protocol shall be pursuant to Section 5- 110.A.2 -8. SECTION 5 -120. ZONING BOARD OF ADJUSTMENT A. Establishment. There is hereby established a Zoning Board of Adjustment. B. Powers and duties. The Zoning Board of Adjustment shall have the following powers and duties under the provisions of these Land Use Regulations. 1. Variance. To hear, review, and approve, approve with conditions or disapprove applications for Variance Permits to Section 3 -340, Zone District Dimensional Limitations, of these Land Use Regulations. 2. Make expertise available. To make its special knowledge and expertise available upon written request and authorization of the Board of County Commissioners to any official, department, board, commission or agency of the County, the cities of the County, the State or Federal governments. 3. Recommend rules of procedure. To recommend to the Board of County Commissioners additional or amended rules of procedure not inconsistent with this Section to govern the Zoning Board of Adjustment's proceedings. 4. Make additional studies. To make studies of the resources, possibilities and needs of the County upon the authorization of the Board of County Commissioners, and to report its findings and recommendations, with reference thereto, from time to time, to the Board of County Commissioners. C. Zoning Board of Adjustment membership. Qualifications. Members and associate members of the Zoning Board of Adjustment shall be residents of the County prior to appointment, and registered voters. No member of the Board of County Commissioners shall serve on the Zoning Board of Adjustment. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration should be given to applicants who have experience or education in planning, law, architecture, natural resource management, real estate, and related fields. 2. Appointment. The Zoning Board of Adjustment shall be composed of five (5) members, to be appointed by a majority vote of the Board of County Commissioners by Resolution. The Zoning Board of Adjustment shall also be composed of four (4) associate members, LAND USE REGULATTONS 5 -6 EAGLE COUNTY, COLORADO c.ty5lWOlnldie lea&WrN -5.W. Novemu 2. IWS 111111 11111 1111111 11111 III IN IIIIIIII 11111 1111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 261 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5• ADMINIS7RA77ON 5 -120. ZONING BOARD OF ADJUSTMENT to be appointed by a majority vote of the Board of County Commissioners by Resolution. D. Terms of office. All members and associate members serving on the Zoning Board of Adjustment on the effective date of these Land Use Regulations shall complete their terms according to their prior appointments. The term of at least one (1) member and associate member shall expire each year. The term of office of each member appointed under these Land Use Regulations shall be for two (2) years. The term of office of each associate member shall be for one (1) year. There shall be no limit on the number of terms a person may serve on the Zoning Board of Adjustment. When a person is appointed to fill out the term of a departing member or associate member, that person's term shall end at the time the departing member's or associate member's term would have ended. E. Removal from office. Any member of the Zoning Board of Adjustment may be removed for cause by the Board of County Commissioners upon written charge and after a public hearing. F. Vacancy. Whenever a vacancy occurs on the Zoning Board of Adjustment, the member's or associate member's position shall remain vacant until a new member or associate member can be appointed by the Board of County Commissioners. G. Officers; quorum; rules of procedure. 1. Chairman and Vice - Chairman. At the first meeting of each calendar year, the members of the Zoning Board of Adjustment shall elect a Chairman and Vice - Chairman from among _., its members. The Chairman's and Vice - Chairman's term shall be for one (1) year. No member shall serve as Chairman for more than two (2) consecutive terms. The Chairman shall administer oaths and compel the attendance of witnesses by application to the District Court, shall be in charge of all proceedings before the Zoning Board of Adjustment and shall take such action as shall be necessary to preserve the order and integrity of all proceedings before the Zoning Board of Adjustment. In the absence of the Chairman, the Vice - Chairman shall act as Chairman. In the absence of both the Chairman and Vice - Chairman, a temporary Chairman shall be elected by a majority of the quorum present, who shall act as Chairman. 2. Secretary. The Community Development Director shall serve as Secretary of the Zoning Board of Adjustment. The Secretary shall keep full and complete minutes of all proceedings, which minutes shall be a summary of all proceedings before the Zoning Board of Adjustment, which shall include the vote of all members upon every question, its examination and other official actions, and be attested to by the Secretary. The minutes shall be approved by a majority of the Zoning Board of Adjustment members voting. In addition, the Secretary shall maintain all other records of Zoning Board of Adjustment meetings, hearings, proceedings, and the correspondence of the Zoning Board of Adjustment, which shall be immediately filed and kept in the offices of the Zoning Board of Adjustment as public records. `s LAND USE REGULATIONS 5 -7 EAGLE COUNTY, COLORADO .._ra �i.vs/WmmmemreuF.uweT -s.ro; ne >,mv ze. rosx III IN IIIIIIII 1111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 262 of 405 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATION 5 -130. HEARING OMCER 3. Staff. The Community Development Department shall be the professional staff of the Zoning Board of Adjustment. 4. Quorum and voting. The presence of four (4) or more members or associate members substituting for a member of the Zoning Board of Adjustment shall constitute a quorum of the Zoning Board of Adjustment necessary to take action and transact business. All actions shall require a vote of four (4) concurring members of the Zoning Board of Adjustment. 5. Rules of procedure. The Zoning Board of Adjustment shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of resolutions, findings, and determinations, and a record of meetings. H. Meetings. 1. General. Meetings of the Zoning Board of Adjustment shall be held on the second Wednesday of each month by call of the Chairman, to dispense of matters properly before the Zoning Board of Adjustment. Additionally, meetings may be called by the Chairman or at the request of three (3) members of the Zoning Board of Adjustment. The location of all Zoning Board of Adjustment meetings shall be in the County in a place accessible to the public. 2. Meetings open to public. All meetings and public hearings of the Zoning Board of Adjustment shall be open to the public in a place accessible to the public, except that meetings held in executive session pursuant to Colorado law shall not be open to the public. 3. Notice. Public hearings shall be set for a time certain after due public notice pursuant to Section 5- 210.11, Notice and Public Hearings. I. Compensation. The members of the Zoning Board of Adjustment shall serve without compensation, but may be reimbursed for such travel, mileage and continuing education expenses as may be authorized by the Board of County Commissioners. SECTION 5 -130. HEARING OFFICER A. Creation and appointment. The Board of County Commissioners shall appoint one (1) or more Hearing Officers to hear Appeals for Beneficial Use Determinations and Abatements, and recommend approval, approval with conditions, or disapproval to the Board of County Commissioners, and to conduct hearings on expiration of Special Use Permits, Sketch/ Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan or Final Plat for Subdivision and make recommendations to the Board of County Commissioners to expire or extend the development permit. In addition, the Board of County Commissioners may appoint one (1) or more Hearing Officers to hear and consider such matters as may be required under any provision of these Land Use Regulations or as may be determined to be appropriate by the Board of County commissioners LAND USE REGULATIONS 5 -8 EAGLE COUNTY, COLORADO clxyZlWUmlcdmudug/ANrW(TS (A; NoremEer ]J, IM8 I"III "III "I'III "'II I'I I'I' III'I"I I'I I'III I"I I"I 678174 12/01/1998 04:43P 370 Sara Fisher 263 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMIMSTRA77ON 5 -130. HEARING OFFICER from time to time. The Hearing Officers shall serve at the pleasure of the Board of County Commissioners for such period as is determined by the Board of County Commissioners. Such. Hearing Officers shall be compensated at a rate to be determined by the Board of County Commissioners, which amount shall.be reimbursed to the County by the applicant. Any person who shall accept an appointment as a Hearing Officer shall, for a period of one (1) year from the date of termination as holder of such office, not act as agent or attorney in any proceeding, application or other matter before any decision - making, administrative, or advisory body of the County in any matter involving land that was the subject of a proceeding which was pending during the time served as a Hearing Officer. B. Minimum qualifications. A Hearing Officer shall have the following minimum qualifications: 1. Administration, environmental and land use law. Demonstrated knowledge of administrative, environmental and land use planning and law and procedures; and 2. Hold no appointive or elective office. Hold no other appointive or elective public office or position in the County during the period of appointment. C. Duties. A Hearing Officer shall have the following duties: 1. Hearings on Beneficial Use Determinations. To conduct hearings on Appeals for Beneficial Use Determinations and recommend approval, approval with conditions; or disapproval to the Board of County Commissioners; 2. Hearings on Abatement. To conduct hearings on alleged Abatement actions, and recommend Abatement to the Board of County Commissioners; 3. Hearings on expirations. To conduct hearings on whether a Special Use Permit, Sketch /Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan or Final Plat for Subdivision has expired pursuant to the terms of these Land Use Regulations and /or the terms and conditions of the development approval, and recommend expiration or extension of the Special Use Permit, Sketch /Preliminary Plan for PUD or Sketch/ Preliminary Plan /Final Plat for Subdivision to the Board of County Commissioners; 4. Conduct other hearings. To conduct hearings on such matters as may be requested by the Board of County Commissioners; 5. Written reports. To render to the Board of County Commissioners a written report containing a summary of the testimony and evidence given and findings and recommendations regarding the standards applicable to the particular matter; and 6. Other tasks assigned by Board of County Commissioners. To perform such other tasks as the Board of County Commissioners may assign. .LAND USE RE GUL4TIONS 5 -9 EAGLE COUNTY, COLORADO _/1 I I��III��III "I'lll "'II ICI I'I' II�'�"I ICI I'I'I III I"I :; 678174 32/01/1998 04:43P 370 Sara Flaher 264 of 405 R 0.00 D 0.00 N 0.00 Eagle CO } AR7ICLE5: ADMIXISTRATTON 5 -140 COMMUNITYDEVELOPMENTDIRECTOR SECTION 5 -140. COMMUNITY DEVELOPMENT DIRECTOR A. Creation and appointment. The Community Development Director shall be the agency head of the Community Development Department and shall be appointed by and serve at the pleasure of the County Administrator. B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Community Development Director by other provisions of the County Code, the County Administrator, and the Board of County Commissioners, the Community Development Director shall have the following jurisdiction, authorities and duties under these Land Use Regulations: 1. Interpretation. To review, consider and render interpretations of the text of these Land Use Regulations or the Official Zone District Map. 2. Zoning Compliance Certifications. To hear, consider and approve, approve with conditions, or disapprove applications for Certificates of Zoning Compliance. Day to day administration. To undertake the day to day administration of these Land Use Regulations. 4. Process applications. To receive applications for development permits for processing pursuant to the terms of these Land Use Regulations. 5. Ensure adequate public notice. To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of these Land Use Regulations. 6. Undertake Comprehensive Planning. To undertake the current and long range comprehensive planning responsibilities of the County. 7. Review Master Plan. To review every five (5) years the Master Plan and these Land Use Regulations and recommend amendments to the Planning Commission. S. Coordination. To coordinate other local, regional, state, and federal planning and permitting processes affecting development in the unincorporated County and to serve as liaison to such local, regional, state, and federal planning agencies having jurisdiction over development in the unincorporated County. SECTION 5 -150. CODE ENFORCEMENT OFFICER In addition to the jurisdiction, authority and duties which may be conferred upon the Code Enforcement Officer by other provisions of the County Code and the Board of County Commissioners, the Code Enforcement Officer shall have the following authority and duties under these Land Use Regulations: LAND USE REGULATIONS 5 -10 EAGLE COUNTY, COLORADO clxy5 /WmnlNmu4n8kINrWPT -S.CO; M1'nv,nbo N. 19J9 II'lII IIII' IIIIIII II"I III "II IIIIIIII III VIII IIII "II _✓ 678174 12/01/1998 04:43P 370 Sara Fisher 265 of 405 R 0.00 D 0.00 N 0.00 Eagle CO r° ARTICLE5., ADMINISTRA77ON 5 -760. COUNTYATTORNEY A. Inspect. To inspect for violations of these Land Use Regulations. B. Enforcement. To assist the Board of County Commissioners and the County Attorney in the enforcement of these Land Use Regulations. SECTION 5 -160. COUNTY ATTORNEY In addition to the jurisdiction, authority and duties which may be conferred upon the County Attorney by other provisions of the County Code, the County Attorney shall have the following authority and duties under these Land Use Regulations: A. Review as to form written findings of fact and resolutions. To review as to form all written findings of fact, resolutions and ordinances drafted by the Community Development Director, the Code Enforcement Officer, the Planning Commission, the Zoning Board_ of Adjustment, or the Board of County Commissioners, in connection with any requirement of these Land Use Regulations; B. Review as to form all legal instruments.. To review as to form all Subdivision Agreements, Planned Unit Development (PUD) Agreements, Development Agreements, easements, declarations of covenants, letters of credit, performance guarantees or other such documentation in connection with any requirement of these Land Use Regulations; and C. Advise County officials and boards. To advise the Community Development Director, the County Attorney, the Code Enforcement Officer, the Planning Commission, the Zoning Board of Adjustment, and the Board of County Commissioners in regard to the legal issues which may arise during implementation of the Master Plan and these Land Use Regulations. SECTION 5 -170. COUNTY ENGINEER In addition to the jurisdiction, authority and duties which may be conferred upon the County Engineer by other provisions of the County Code, the County Engineer shall have the following authority and duties under these Land Use Regulations: A. Subdivision. To assist the Community Development Director in the review of the applications for Sketch Plans /Preliminary Plans and Final Plats for Subdivision: and B. Variances to Improvement Standards. To assist the Community Development Director in the review of applications for variances to improvement standards. ' LAND USE REGULATIONS 5 -II EAGLE COUNTY, COLORADO a.yv.Ymnmwo-asmmuxrs.<o; xo- -. b.. v. rv�a I IIIIII IIIII IIIIIII IIIII III III' IIIIIIII III IIIIII (') IIII 678174 12/01/1998 04:43P 370 Sara Fisher 266 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR7ICLE5: ADM /MSTRATION 5 -200. GENERAL DIVISION 5 -2. COMMON PROCEDURES SECTION 5 -200. GENERAL A. Purpose. The purpose of Division 5 -2, Common Procedures, is to establish the procedures for all legislative and administrative functions of these Land Use Regulations. This includes interpretations, amendments to the Official Zone District Map and text of these Land Use Regulations, Planned Unit Development (PUD) Districts, Special Use Permits, Variance Permits, Variances from Improvement Standards, Exemptions to Subdivision, Minor Subdivision, Subdivision, Public Way and Easement Vacations, Appeals for Beneficial Use Determinations, Certificates of Zoning Compliance, Building Permits, and Appeals from decisions /interpretations of the Community Development Director. B. Table and Flow chart. 1. Table. Table 5 -200, Development Review Procedures Summary, provides a summary of the types of development applications reviewed by Eagle County, which bodies are responsible for reviewing and acting on those development applications, whether public notice is required for the application, and whether a pre - application meeting is optional or mandatory for the application. 2. Flow Chart. A flow chart of the land development review process, illustrating the steps in the process, is provided in Figure 5 -200, Land Development Review Process. 1 111111 11III 678174 111111111111 12/01/1998 111 IN 04:43P 11111111 111 111111 111 I'll 370 Sara Fisher 267 of 405 R 0.00 0 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5 -I2 EAGLE COUNTY, COLORADO tixpSlWn /n�cLmh4n3le1NrNFT -S.CO: Noumbrr L. 19YA 3 3 �F I"III 111111111 1111111 HE III IN IIIII'II III I'II II IIV III 678174 12/01/1998 04:43P 370 Sara Fisher 268 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE5: ADMINISTRATION 5 -200 GENERAL FIGURE 5 -200 EAGLE COUNTY LAND DEVELOPMENT REVIEW PROCESS Attend Pre - Application Conference Submit Application <-- Correct Defects Notify Applicant Of Deficiencies ici Comm. Dev. Director Review for Completeness-\ Suffident Comm. Dev. Director Certifies as Complete Referral to Local, � Staff Review of Set Public Hearing State, and Federal . Ap lication Date and Provide Agencies Public Notice Prepare Staff Report Hearing By Review Bodyges) Approve, Approve Condiffonally. Table, or Deny Application Submit Documents For Recordation (when applicable). Apply for Certificate of Zoning Compliance and Building Permit LAND USE REGULATIONS 5 -I4 EAGLE COUNTY, COLORADO clxpJll6nmlc4mn4aYleIGiLLPT -S.N; xb.m"", IM I"III 678174 "III 1111111 11'11 12/01/1998 111 IN 04:43P III'll'I III fill' 1111111 370 Sara Fisher 269 of 405 R 0.00 D 0.00 N 0.00 Eagle CO f —' z; rp ARTICLE 5.• ADMINISTRATION 5 -210. PROVISIONS OF GENERAL APPLICABILITY SECTION 5 -210. PROVISIONS OF GENERAL APPLICABILITY A. Application forms. All applications for development permits shall be submitted with the applicable County forms, which shall be available from the Community Development Department. No application shall be considered complete for review unless the requested number of copies of all required materials are submitted in sufficient detail for the Community Development Director to determine whether the application complies with the substantive requirements of these Land Use Regulations. B. Fees. All applications shall be accompanied by the applicable fee required by the County fee schedule. The fee schedule shall be established and may be revised from time to time by the Board of County Commissioners. Its purpose shall be to defray the costs of processing applications. The fee schedule shall be available for review in the Community Development Department during normal business hours. C. Preapplication conference. 1. General Overview. A preapplication conference is optional prior to the submission of any development application. The purpose of a preapplication conference is to familiarize the applicant with those provisions of these Land Use Regulations applicable to the proposed development and to confirm that the development review procedures will be consistent with Colorado law. 2. Initiation of Preapplication Conference. An applicant requesting an optional or mandatory preapplication conference shall make a request for a preapplication conference with the Community Development Director. Along with the request for the preapplication conference, the applicant shall provide to the Community Development Director a description of the character, location, and magnitude of the proposed development and the type of development permit sought. 3. Scheduling of Preapplication Conference. The Community Development Director shall schedule a preapplication conference within fourteen (14) calendar days of receipt of a request for a preapplication conference, and shall notify the applicant of the time, date, and place of the preapplication conference. 4. Preapplication Conference. At the preapplication conference, the applicant, the Community Development Director, and any other County staff and /or State and /or federal representatives the Community Development Director deems are appropriate to attend the preapplication conference, shall discuss the proposed development, and based upon the information provided by the applicant and the provisions of these Land Use Regulations, determine in general what provisions of these Land Use Regulations apply to the proposed development. 1 11111111111111111111111 III IN III 111111 111 1111 678174 12/01/1998 04:43P 370 Sara Fisher 270 of 405 R 0.00 D 0.00 N 0.00 Eagle CO LAND USE REGULATIONS 5 -15 ruysr�mmo-mn .osrncxuxrs. %N..me�.v, rove EAGLE COUNTY, COLORADO ARTICLE 5. ADMIMSTRATION 5 -210. PROVISIONS OF GENERAL APPLICABILITY 5. Written Summary. Within seven (7) calendar days of completion of the preapplication conference, the Community Development Director shall mail to the applicant a written summary of the preapplication conference. D. Common procedure for review of applications. Unless otherwise stated in this Article, the submission of an application for, determination of the completeness of, staff review of, and notice and scheduling of public hearings on all applications for development permits shall comply with the procedures of this subsection. 1. Initiation. Applications for development permits shall be submitted to the Community Development Director by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. a. Applicant is not the owner. If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. Applicant is not the sole owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners' or an association representing the owners consenting to or joining in the application for development permit. 2. Minimum contents of application. The application shall be submitted in a form established by these Land Use Regulations and made available to the public. All applications shall include, at a minimum, the following materials: a. Applicant's identity. The applicant's name, mailing address, telephone and fax number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, mailing address, telephone and fax number. b. Legal description. The legal description and street address, if such exists, of the parcel on which development is proposed to occur. C. Disclosure of ownership. A disclosure of ownership of the parcel on which the development is to occur, listing the names of all owners of the property, and all mortgages, judgements, liens, easements, contracts and agreements that run with the land. The disclosure of ownership may be in the form of a current certificate from a title insurance company, deed, ownership and encumbrance report, attorney's opinion or other documentation acceptable to the County Attorney. LAND USE REGULATIONS 5 -16 EAGLE COUNTY, COLORADO --- -, clx9S/WOmlcllmu4a8leIN,NFJS.CO: N-1m 11 H. M. 111111 111111111 111111111111111111111111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 271 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTTCLE 5: ADMINISTRATTON 5 -210. PROVISIONS OF GENERAL APPLICAB= d. Vicinity map. An eight and one -half (8 'h) inch by eleven (11) inch vicinity map, locating the subject parcel within Eagle County. e. Written description. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards applicable to the application. L Environmental Impact Report, when applicable. (See Section 4 -460). g. Additional Requirements. Submittal requirements as outlined in the specific development permit section of these Land Use Regulations. 3. Determination of completeness. Within ten (10) working days of receipt of the application, the Community Development Director shall determine if the application is complete and includes data in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of these Land Use Regulations. a. Determined incomplete. If the Community Development Director determines the application is incomplete, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn and returned to the applicant. The applicant may appeal the Community Development Director's determination to the Board of County Commissioners pursuant to Section 5 -2400 of these Land Use Regulations: b. Determined complete. When the application is determined complete, the Community Development Director shall notify the applicant, in writing, of the application's completeness, and of the date set for the first public hearing for the application, which shall be no later than sixty (60) days after the date the application was determined to be complete. 4. Recommendation by Community Development Director. Within thirty (30) working days after mailing of notice that an application (except for a Preliminary or Final Plat for Subdivision or a Preliminary Plan or Final Plan/Plat for PUD) for which a public hearing is required is determined to be sufficient, the Community Development Director shall refer the application to the appropriate review agencies, review the application, and prepare a Staff Report. The Community Development Director shall have forty -five (45) working days from the date of a completeness determination to refer the application for a Sketch/Preliminary Plan or Final Plat for Subdivision or a Sketch /Preliminary Plan for PUD to the appropriate review agencies, review the application, and prepare a Staff Report. The Staff Report shall be mailed to the applicant and made available to the public LAND USE REGULATIONS 5 -17 EAGLE COUNTY, COLORADO ' -... jr lxp51Wnm1.4mhugleiNUR }- -S.CO: NonmM1er D. )flJd I I'llll VIII I'IIIII "'ll I'I "I' IIIIIIII III I'llll III IIII 678174 12/01/1998 04:43P 370 Sara Fisher 272 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5. ADMINISTRATION 5 -210. PROVISIONS OF GENERAL APPLICABILITY no later than five (5) calendar days before the first scheduled public hearing on the application. The Staff Report shall describe whether the application complies with all appropriate standards, of these Land Use Regulations; it shall also recommend any changes in the development, as submitted, and the conditions for approval, if any, necessary to bring the development into compliance with the appropriate review standards, or disapproval. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development. 5. Scheduling of Public Hearing(s). The Community Development Director shall ensure that the appropriate public hearing or public hearings on the application shall be scheduled pursuant to Section 5- 210.E., Notice of Public Hearings, for a regularly scheduled meeting or a meeting specially called for that purpose by the decision - making, administrative, or advisory body reviewing the application. The public hearing shall be scheduled no later than sixty (60) days after the application has been determined to be complete, providing sufficient time for a Staff Report to be prepared, and for the public notice requirements to be satisfied. E. Notice of public hearings. All applications for development permits requiring public hearings shall follow the provisions of this subsection with regard to public notice and the conduct of such public hearings. The Community Development Director shall be responsible for: (1) placing notice in the newspaper; (2) mailing notice to adjoining landowners; and (3) furnishing a copy of the sign to the applicant. The applicant shall be responsible for: (4) providing the Community Development Director with a list of adjacent landowners from the most recent County ad valorem tax rolls; (5) paying for the costs of publishing notice and mailing notice; (6) posting the sign on the property; and (7) submitting an affidavit that notice was properly posted on the property. 1. Notice in newspaper. All applications shall be advertised in the legal notice section of an official County newspaper. Notice of an application for amendments to the text of these Land Use Regulations and the Zoning District Map and all development permits requiring a public hearing except those for Subdivision shall be published no less than fourteen (14) calendar days prior to the date of the public hearing. Notice of an application for a Sketch Plan or Preliminary Plan for Subdivision shall be published a minimum of twenty-one (21) days before the Eagle County Planning Commission public hearing and thirty (30) days before the Board of County Commissioner's public hearing. Such notices shall contain the following information: a. Type of application. The type of application sought: i.e. amendment to the Official Zone District Map, amendment to the text of these Land Use Regulations, Planned Unit Development (PUD) District, Special Use Permit, Variance Permit or Subdivision. b. Description of action. A short description of the proposed action requested. LAND USE REGULATIONS 5 -18 EAGLE COUNTY, COLORADO cax ➢516nmidim4lrnglelNiNHL3.00: Nm'eMrcr 2i, IW8 I III IN III 111111 III1111 678174 12/01/1998 04:43P 370 Sara Fisher 273 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISM77ON 5 -210. PROVISIONS OF GENERAL APPLICABILITY C. Location of land. The common street address and part of the County (name of community, where applicable) of the land subject to the application, a general legal description of the land, and a description of the area (size) of the land. d. Location, date, time. The location, address, date, and time of the public hearing. e. Where information may be obtained. Information on where the full details of the application may be obtained including, if it is a proposed amendment to the Official Zone District Map or the text of these Land Use Regulations, the place where the text or the map may be examined. 2. Mailed notice. A notice containing all the information required under Section 5-210.E. I., Notice in Newspaper, shall be sent by mail, first -class postage prepaid, to all landowners of the land subject to the application and all adjacent landowners of the land subject to the application no less than fifteen (15) calendar days prior to the public hearing, except for notice for subdivision applications, which shall be sent no less than ten (10) calendar days prior to the hearing. The list of landowners shall be compiled by the applicant using the most current Eagle County tax records, and submitted to the Community Development Director as part of the application for development permit. In addition to submitting a written list, the applicant shall also submit the addresses on adhesive labels or in the form of pre- addressed envelopes. 3. Posted notice. All lands subject to a public hearing shall be posted with one (1) notice (a sign) of the public hearing at least fifteen (15) calendar days prior to the public hearing except for notice for subdivision applications, which shall be posted no less than ten (10) calendar days prior to the hearing. The sign shall state the type of application sought for the land, the location, address, date, and time of the public hearing on the application, and that more detailed information is available about the application in the Community Development Department. The sign shall be set back no more than twenty -five (25) feet from the street, and shall be erected in full view of the public on each street side of the land subject to the application.. Where the land does not have frontage on a public or private street, the sign shall be erected on the nearest street right -of -way with an attached notation indicating generally the direction and distance to the land subject to the application. The dimensions of the sign shall be a minimum of two (2) feet by three (3) feet. The materials to which the sign is affixed shall be sturdy and waterproof or shall have a waterproof covering. The sign shall be removed after the decision is rendered on the application. The failure of any such posted notice to remain in place after the notice has been properly posted shall not be deemed a failure to comply with the standards, or be grounds to challenge the validity of any decision made on the application. F. Public hearing procedure. A public hearing held pursuant to these Land Use Regulations shall comply with the following procedures. LAND USE REGULATIONS 5 -19 EAGLE COUNTY, COLORADO . � c: IxySlWarolcl fwrlmBlelNrNRI -S.CO: NmrmDerL. Ifl3A I I��III "III "�'I�I "'ll I'I I'I' III'I"I I'I I'II'I'II I"I 678174 12/01/1998 04:43P 370 Sara Fisher 274 of 405 R 0.00 D 0.00 N 0.00 Eagle CO p> t ARTICLE 5: ADMINISTRATTON 5 -210. PROVISIONS OF GENERAL APPLICABILITY 1. Examination and copying of documents. At any time upon reasonable request during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Community Development Department. Copies of such materials shall be made available upon reasonable notice, and payment of a fee for copying pursuant to the County's fee schedule. 2. Request for notification of public hearing. Notification of all public hearings shall be provided by the Community Development Director to any person who requests notification in writing from the Community Development Director, and pays the costs of the processing and mailing of the notification. 3. Staff Report. A Staff Report shall be available to the applicant and the public at least five (5) calendar days prior to the public hearing. The Staff Report shall address each standard /finding. required to be considered by these Land Use Regulations prior to approval of the application, and recommend approval, approval with conditions, or disapproval, whichever is appropriate. 4. Site visit. As part of its hearing to consider the application for development permit, the advisory or decision - making body may inspect the site of the proposed development. Upon reasonable request of the Community Development Director, the applicant shall mark the development site before the site visit to locate property boundaries, building envelopes and other site development features. 5. Conduct of public hearing. The conduct of a public hearing shall comply with the following procedures. a. Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Upon request of the Chairman, anyone representing an organization shall present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of an organization, state the name and mailing address of the organization. b. Order of proceedings. The Chairman conducting the public hearing may exclude testimony or evidence that is found to be irrelevant, immaterial or unduly repe- titious. The order of the proceedings shall be as follows: (1) Description. The Community Development Director shall present a narrative and /or graphic description of the application. (2) Staff Report. The Community Development Director shall present a Staff Report which includes a written recommendation. This recom- LAND USE REGULATIONS 5 -20 EAGLE COUNTY, COLORADO -'�- clx9AWOMIC1imu1m81dNrL1RT -S.CO: A'ov.mbn33, 1W8 11111111 IN Iillllll 111 1111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 275 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 1 ARTICLE 5: ADMINISTRATION - 5 -210. PROVISIONS OF GENERAL APPLICABILITY mendation shall address each standard required to be considered by these Land Use Regulations prior to approval of the application. (3) Applicant presentation. The applicant shall present any information the applicant deems appropriate. (4) Public testimony. Public testimony shall be heard. (5) Applicant response. The applicant may respond to any testimony or evidence presented by the public. (6) County Staff response. The Community Development Director, or Community Development Department staff, the County Attorney, and any other County staff may respond to any statement made by the applicant or the public. C. Testimony. If any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing. d. Continuance of public hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown; however, no public hearing shall be continued for more than forty (40) days from the date of commencement of the public hearing without the written consent of the applicant. e. Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision - making body. Record. (1) Recording of public hearing. The body conducting the public hearing shall record the public hearing by any appropriate means, including transcription, audiotape, or videotape. A copy of the public hearing record may be acquired by any person upon application to the Community Development Director and payment of a fee to cover the costs of duplication of the record, pursuant to the Eagle County fee schedule. LAND USE REGULATIONS :1up5lW alcGeN leagkWrL - -5.00: N,Ivm rV. /W8 5 -21 EAGLE COUNTY, COLORADO I"III 678174 "III "1'111 I"II 12/01/1998 111 IN 04.43P I III'I"I 111111111111 IN 370 Sara Fisher 276 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLES: ADMINISTRATION 5- 210. PROVISIONS OF GENERAL APPLICABErY (2) The record. The written or taped record of oral proceedings, including testimony and statements of personal opinions, the minutes of the Clerk, all applications, exhibits and papers submitted in any proceeding before the decision - making, administrative, or advisory body, the Staff Report and the decision of the body shall constitute the record. (3) Location of record /inspection. All records of decision - making, administrative, or advisory bodies shall be public records, open for inspection. Persons may determine the location of particular records by coming to the offices of the Community Development Director during' normal business. G. Actions by decision - making, administrative, and advisory bodies. All decision - making, administrative, and advisory bodies and persons shall act in accord with the time limits established in these Land Use Regulations. 1. Findings. All decisions shall include at least (a) a clear statement of specific findings of fact and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in these Land Use Regulations; and (b) a clear statement of approval, approval with conditions, or disapproval. 2. Notification. Notification of a decision - making or administrative body's decision shall be provided by the Community Development Director to the applicant by mail. A copy of the decision shall also be made available to the applicant at the offices of the Community Development Department, during normal business hours, within a reasonable period of time after the decision. 3. Substantial change from Planning Commission recommendation. a. Submittal to Planning Commission /Public Hearing. If, after the initial public hearing on an application for an amendment to the Official Zone District Map or the text of these Land Use Regulations or an application for preliminary plan for PUD, the Board of County Commissioners proposes to consider approval of an application that constitutes a substantial change in or departure from the initial application recommended by the Planning Commission which is not made solely to satisfy Planning Commission recommendations or conditions, the matter shall be submitted back to the Planning Commission for consideration at a public hearing. Public notification shall be provided pursuant to Section 5- 210.E., Notice of Public Hearings, and the public hearing shall be conducted pursuant to Section 5- 210.F., Public Hearing Procedure. The Planning Commission shall consider the matter within thirty (30) calendar days of its submission from the Board of County Commissioners. At the public hearing, the Planning Commission shall consider the submitted materials, any Staff Report, and the testimony given LAND USE REGULATIONS 5 -22 EAGLE COUNTY, COLORADO c11P5JW 1ck,,41 g1e1WrL -5.00. N—, erV, 1598 I��IIL -"III "IIIII'I'II I'I I'I' III'I"I I'I I'IIIII'I I"I � 678174 12/01/1998 04:43P 370 Sara Fisher 277 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATION 5 -270. PROVISIONS OF GENERAL APPLICABL= at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve or disapprove the application based on the standards applicable to the application and forward the application back to the Board of County Commissioners. b. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct another public hearing on the application. Public notification shall be provided pursuant to Section 5- 210.E., Notice of Public Hearings; and the public hearing shall be conducted pursuant to Section 5- 210.F., Public Hearing Procedure. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall approve or disapprove the application based on the standards applicable to the application. If the Planning Commission has recommended disapproval of the application, it shall only be approved by a vote of a majority of the entire membership of the Board of County Commissioners. H. Extinguishment of Approvals. If a Sketch Plan for PUD, Preliminary Plan for PUD, Sketch Plan for Subdivision, Preliminary Plan for Subdivision, Final Plat for Subdivision, or a Special Use Permit is not extended pursuant to the applicable procedures for that type of application, the Board of County Commissioners shall initiate a hearing pursuant to the following procedures to determine whether to extinguish the applicable approval. 1. Establishment of hearing date before Hearing Officer. This process shall be initiated by the Board of County Commissioners directing the Community Development Director to notify the permittee by mail and at least thirty (30) calendar days in advance that a hearing has been scheduled before a Hearing Officer on whether the applicable approval should be extinguished. 2. Hearing by Hearing Officer. At the hearing before the Hearing Officer, the County shall be represented by the Community Development Director or his delagee and the applicant shall be represented by himself or his representative. All evidence shall be presented under oath, and the parties involved shall be permitted to cross - examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth below. 3. Findings of the Hearing Officer. Within thirty (30) calendar days of the close of the hearing, the Hearing Officer shall prepare recommended findings of fact and a proposed order for consideration by the Board of County Commissioners. The findings and recommendations of the Hearing Officer shall be based on the evidence submitted and the 1 LAND USE REGULATIONS 5 -23 EAGLE COUNTY, COLORADO c9xP51Wa /alcllcn[eleaBfelW,NFT -S.CU: NortMV]J, IG95 I'IIII IIII I II IIII' I"II I'I III' I'III"I III I'I'III II I"I 878174 12/01/1998 04:43P 370 Sara Fisher 278 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5.• ADMINISTRATION 5 -210. PROVISIONS OF GENERAL APPLICABILITi' standards in Section 5 -210 H.S., Standards. The Hearing Officer's recommended findings of fact and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing. 4. Action by Board of County Commissioners. The Board of County Commissioners shall schedule a hearing on the application within thirty (30) calendar days of the date the Hearing Officer issues the recommended findings of fact and proposed order. The Community Development Director shall provide the applicant and adjacent landowners at least twenty (20) calendar days notice of the hearing by mail. At the hearing, the Board of County Commissioners shall approve, approve with conditions, or disapprove the findings of fact and proposed order of the Hearing Officer, based on the standards below. If the Board of County Commissioners attaches conditions, modifies, or reverses the findings of fact or proposed order, it shall do so only when the record of the hearing indicates that the Hearing Officer is unsupported by the record, or that the proposed order is not in conformance with the standards below. 5. Standards. A Sketch Plan for PUD, Preliminary Plan for PUD, Sketch Plan for Subdivision, Preliminary Plan for Subdivision, Final Plat for Subdivision, or a Special Use Permit for which an extension has not been granted shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was beyond the applicant's control; the development is not speculative in nature; the development complies with these Land Use Regulations and the Master Plan; and there is reasonable likelihood the next step in the development application will be submitted, or the development itself will be initiated in the next two (2) years. I. Consolidation. This land development review process is intended to encourage the efficient processing of applications. Applicants may request, and the Community Development Director may permit, the simultaneous submission and review of all necessary development applications for a parcel of land. The Community Development Director is authorized to waive any overlapping application submission requirements in the consolidated review. J. Subsequent permits. Development shall not be carried out until the applicant has secured all permits required by these Land Use Regulations. An applicant who obtains a development permit shall not have assurance the development will receive approval for subsequent permits, unless the relevant and applicable portions of these Land Use Regulations are met. K. Successive applications. Unless otherwise stated in this Division, whenever any application (except for a Certificate of Zoning Compliance) is denied by the Board of County Commissioners for failure to meet the substantive requirements of these Regulations, no application for the same or a similar development proposal shall be accepted or considered for all or a part of the same or substantially the same land for a period of one (1) year after the date of disapproval, unless the applicant can demonstrate to the Community Development Director that there has been a change LAND USE REGULATIONS 5 -24 EAGLE COUNTY, COLORADO c9xpSlWwvlry'm44v8.d �NFS.N; N—,h, H, IWI 678174 12/01/1998 04:43P 370 Sara Fisher 279 of 403 R 0.00 D 0.00 N 0.00 Eagle CO .. 1 .A3 a3 1 ARr7CLE5: ADMINISTRATION 5 -220. INTERPRETAYTONS of circumstances or conditions that affect the proposed development, or unless a majority of the membership of the Board of County Commissioners determines that the prior disapproval was based on a material mistake of fact. SECTION 5 -220. INTERPRETATIONS A. General. The Community Development Director shall be responsible for interpreting these Land Use Regulations, based upon an understanding of the purposes intended by the Board of County Commissioners in their adoption. B. Findings to be considered in rendering interpretations. In making interpretations to these Regulations, the Community Development Director shall consider the following: 1. Public purpose. Before any interpretation is made, the purposes for which the regulation was initially adopted by the County Commissioners shall be identified. 2. Prevent the sacrifice of legitimate goals. These Land Use Regulations have been carefully designed by the County to avoid regulations. that either sacrifice legitimate public goals, including the protection of adjoining landowners, or require undue limitations on the ability of landowners to use their land in a manner consistent with the goals, objectives and policies of the Master Plan or.the FLUM of the Master Plan. Great care has been taken to both balance the rights of competing groups and achieve maximum protection with flexibility and a range of use options. In interpreting these Regulations, the Community Development Director's judgment should not be substituted for the legislative intent of the Board of County Commissioners. C. Procedure. 1. Initiation. An interpretation may be requested by any landowner or citizen in the unincorporated County, or any person that has submitted a development application to the County pursuant to the procedures and standards of these Regulations. 2. Submission of request for interpretation. Before an interpretation shall be provided by the Community Development Director, a Request for Interpretation shall be submitted to the Community Development Director. 3. tendering of inte pretation. Within twenty one (21) calendar days of the receipt of a Request for Interpretation, the Community Development Director shall evaluate the request in light of the Master Plan, these Land Use Regulations, and the Official Zone District Map, as applicable, consult with the County Attorney, and then render an interpretation. The Community Development Director shall mail the written interpretation to the person submitting the Request for Interpretation. LAND USE REGULATIONS vA.yANnnnrl+mmmYlaNrURTS.tO; A'ovrmbn ]3, tAIY 5 -25 EAGLE COUNTY, COLORADO '111111111111111111111111111 IN 11111111 III 1111111 II 1111 678174 12/01/1998 04:43P 370 Sara Fisher 280 of 405 R 0.00 D 0.00 N 0.00 Eagle CO s# AR77CLE 5.• ADMINISTRATION 5 -230. AMENDMENTS TO REGULATIONS OR ZONE DISTRICT MAP D. Record. The Community Development Director shall maintain a record of all interpretations rendered. This record shall be available for public inspection in the Community Development Department, upon reasonable request, during normal business hours. SECTION 5 -230. AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONE DISTRICT MAP All amendments to the text of these Land Use Regulations or amendments to the Official Zone District Map shall meet the standards set forth in this Section. A. Purpose. The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. B. Initiation. 1. Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations may be proposed by the Board of County Commissioners, the Planning Commission, the Community Development Director, or the owner or another person having a recognized interest in the land affected by a proposed amendment or their authorized agent. 2. Text Amendment. An application for an amendment to the text of these Land Use Regulations may be proposed by the Board of County Commissioners, the Planning Commission, the Community Development Director, the owner or another person having a recognized interest in land in the unincorporated County or their authorized agent, or any citizen of the County. 3. Application Contents. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations or an application for an amendment to the text of these Land Use Regulations shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application, and the following additional materials: a. Precise Wording. If the application is for an amendment to the text, the precise wording of the proposed change shall be provided. b. Map Amendment. If the application requests an amendment to the Official Zone District Map or any other map incorporated in these Regulations, it shall include a map showing the present zoning and other designation(s) of the subject property and of all adjacent properties. For a proposed amendment to the Official Zone LAND USE REGULATIONS 5 -26 EAGLE COUNTY, COLORADO c�.ysiamaim muosmd uxrs.co: X—.1 V. IM 1 11'111 11111 878174 IIII111 11111 12/01/1998 111 IN 04:43P IIIIIIII 111 111111111 IN 370 Sara Fisher 281 of 405 R 0.00 D 0.00 N 0.00 Eagle CO i ARTICLE 5: ADMIMSTRATION 5- 230. AMENDMENTS TO REGULATIONS OR ZONE DIST RICT MAP 1 i District Map, the map shall be a survey that accurately describes the dimensions of the subject property, including its size in square feet or acres. This survey shall be accompanied by a written statement or map describing the existing uses of the subject property and on adjacent properties and a conceptual site plan showing, in general terms, the property's proposed layout, use, density and the timing for its development. C. Procedure. 1. Review of applications. The submission of an application for an Amendment, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for amendment to the Official Zone District Map or any other map incorporated in these Regulations or the text of these Land Use Regulations shall comply with the procedures established in Section 5- 210.13, Common Procedure for Review of Applications. 2. Review and recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for amendment to the Official Zone District Map or any other map incorporated in these Regulations or on an application for an amendment to the text of these Land Use Regulations. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve or disapprove the application based on the standards in Section 5 -230.1) and forward the application to the Board of County Commissioners. 3. Action by Board of County Commissioners. a. General. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing the application. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum present, shall either approve or disapprove the application based on the standards in Section 5- 230.D. Any amendment to the Official Zone District Map or any other map incorporated in these Regulations or the text of these Land Use Regulations approved by the Board of County Commissioners shall be adopted by Resolution. D. Standards. The wisdom of amending the text of these Land Use Regulations or the Official Zone District Map or any other map incorporated in these Regulations is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by any one LAND USE REGULATIONS 5 -27 EAGLE COUNTY, COLORADO r. IxyLLbMlcQemr4oa(eldrWtT- -s.CO. N-,m , ]3.1999 1 111111 11111 111'111 11'11 III 1111 il111i111II 1111111 II "') 678174 12/01/1998 04:43P 370 Sara Fisher 282 of 405 R 0.00 D 0.00 N 0.00 Eagle CO 3 AR77CLE 5: ADMINISTRATION 5 -240 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT factor. In determining whether to adopt, adopt with modifications, or disapprove the proposed amendment, the Board of County Commissioners shall consider the following: 1. Consistency With Master Plan. Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM of the Master Plan. 2. Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; 3. Changed conditions. Whether and the extent to which there are changed conditions that require an amendment to modify the use or density /intensity; 4. Effect on natural environment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands; 5. Community need. Whether and the extent to which the proposed amendment addresses a demonstrated community need; 6. Development patterns. Whether and the extent to which the proposed amendment would A result in a logical and orderly development pattern and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services; and 7. Public interest. Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. SECTION 5 -240. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT A. Purpose. The purpose of the Planned Unit Development (PUD) zone district is to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations. This is done through the application of performance standards that: 1. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary facilities are conveniently located in relation to each other; LAND USE REGULATIONS 5 -28 EAGLE COUNTY, COLORADO JxPSIWnmltlimrrlmBlrlGrL44T -S.CO: Navrmier U. JW8 III IN IIIIIIII III IIII1II II IIII 678174 12/01/1998 04:43P 370 Sara Fisher 283 of 405 R 0.00 D 0.00 N 0.00 Eagle CO AR7ICLE5: ADMINISTRATION 5 -240. PLANNED UNITDEVELOPMENT (PUD) DISTRICT 2. Efficient Land Use Patterns. Establish land use patterns that promote and expand opportunities for public transportation and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; 3. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural hazard areas; 4. Maintain Water Quality and Quantity. Maintain and enhance surface and ground water quality and quantity; 5. Contribute to Trails System. Provide applicants the opportunity to contribute to the County's multi -use trail system and maintain access to public lands and rivers; 6. Incentives for Affordable Housing. Establish incentives for applicants to encourage the provision of long term affordable housing; and 7. Master Plan. The PUD shall be consistent with the purposes and goals of the Eagle County Master Plan and these Land Use Regulations. B. Authority. This Section is adopted pursuant to Sec. 24 -67 -101, et. seq., C.R.S., the Planned Unit Development Act of 1972. C. General Applicability. Before any development shall be designated as a Planned Unit Development (PUD) zone district on the Official Zone District Map, it shall receive approval pursuant to the terms of this Section. D. Minimum Land Area. There shall be no minimum land area limitation on the designation of lands with a Planned Unit Development (PUD) zone district designation, provided'that a PUD designation should not be granted solely to permit variances for development of a single lot, building or use. E. Location. A Planned Unit Development (PUD) zone district designation may be established on any land located, in unincorporated Eagle County that complies with all of the applicable standards of this Section. F. Procedure. 1. Overview of Development Review. An applicant proposing to develop a Planned Unit Development (PUD) shall obtain approval for a Sketch Plan and a Preliminary Plan for PUD pursuant to the procedures and standards of this Section. Following the approval of the Preliminary Plan for PUD, the applicant shall submit an application for Final Plat for Subdivision, in compliance with the requirements of Section 5 -280, Subdivision. LAND USE REGULATIONS 5 -29 EAGLE COUNTY. COLORADO _... a.yswmma %mn.ogtnuuer -sm; xo..ma.. r,rma I IIIIII "III lllllll lllll III I'll Illlllll III llillll II Illl 678174 12/01/1998 04:43P 370 Sara Fisher 284 of 405 R 0.00 D 0.00 N 0.00 Eagle CO f 1 ARTICLES: ADMINISTRATION 5 -240 PLANNED UNITDEVELOPMENT (PUD) DISTRICT a. Sketch Plan. The purpose of sketch plan review is for the applicant, the County and the public to evaluate and discuss the basic concepts for development of the proposed PUD, and to consider whether development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision. It is the time when determinations should be made as to whether the proposed PUD complies with the purpose and intent of these Regulations and with the Eagle County Master Plan and is generally compatible with surrounding land uses. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development; the types of use, dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on -site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive approval for a Preliminary Plan for PUD from the County. b. Preliminary Plan. The purpose of preliminary plan review is for the applicant to respond to the issues and concerns identified during sketch plan review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved sketch plan. The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. The preliminary plan shall include a guide to the "> development of the PUD (hereinafter, the "PUD Guide "), specifying the limitations that will guide the future development of the property. C. Zone District Map Amendment. The preliminary plan application shall be accompanied by an application for an Amendment to the Official Zone District Map, submitted pursuant to Section 5 -230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map. d. Subdivision. Where the PUD proposes activities that constitute a subdivision, the applications for Sketch Plan and Preliminary Plan for PUD shall also be required to meet the requirements of Section 5 -280, Subdivision, regarding procedures for Sketch Plan and Preliminary Plan for Subdivision, respectively. 2. Sketch Plan for PUD. a. Initiation. Applications for development permits for a Sketch Plan for PUD may be submitted at any time to the Community Development Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for PUD is proposed, or their authorized agent. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: LAND USE REGULATIONS 5 -30 EAGLE COUNTY, COLORADO :e.ysmammrrrso-osrnm .axis. %nor.ma..v. rwa 1111111111111111111IIIII III 678174 12/01/1998 04:43P 370 Sara Fisher 285 of 405 R 0.00 D 0.00 N 0.00 Eagle CO j AR77CLE5.• ADMIMSTRANON 5 -240 PLANNED UMTDEVELOPMENT (PUD) DISTRICT (1) Reasons PUD procedure is more desirable than conventional plan. (2) Proposed land uses, commercial, industrial and multi - family building locations, residential densities, and commercial square footages. (3) Proposed vehicle circulation pattern indicating the status of street ownership. (4) Proposed pedestrian circulation, and links to other external path systems. (5) Proposed open space. (6) Proposed grading and drainage pattern. (7) Proposed method of water supply and sewage disposal. (8) Proposed PUD Guide setting forth the proposed land use restrictions. (9) Wildlife Analysis pursuant to Section 4 -410. (10) Geologic Hazards Analysis pursuant to Section 4 -420. (11) Ridgeline Visual Analysis pursuant to Section 4-450. (12) Conceptual Landscape Plan pursuant to Section 4 -220. (13) Environmental Impact Report pursuant to Section 4 -460. (14) Any or all of the following requirements, as determined by the Community Development Director, based on the complexity of the proposal: LAND USE REGULATIONS cmyszwemim.�uo-os�i�.uxrt.m: xo vme..v, IM (a) supporting data to justify any proposed commercial and industrial elements in an area not so zoned; (b) proposed schedule of development phasing; (c) statement as to the impact of the proposed PUD upon the County school system; (d) statement of estimated demands for County services; 5 -3I EAGLE COUNTY, COLORADO IIIIIII" 678174 III" 1' 11111111IIIINIIIIIIII 12/01/1998 04 :43P III INIIIIIIII 370 Sara Fisher 286 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARI7CLE5: ADMINISTRATION 5 -240 PLANNED UNITDEVELOPMENT (PUD) DISTRICT (e) statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; (f) conceptual site plans, and conceptual architectural plans; (g) proposed method of fire protection; (h) Employee housing plan. b. Review of applications. The submission of an application for Sketch Plan for PUD, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.1), Common Procedure for Review of Applications. C. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Sketch Plan for PUD. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Community Development Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Sketch Plan for PUD, considering whether conceptually it is consistent with the applicable standards in Section 5- 240.F.3.e, Standards, and recommend the application to the Board of County Commissioners. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Sketch Plan for PUD. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Community Development Department input. After the close of the public hearing, the Board, by a majority vote of the quorum present, shall either approve, approve with conditions or disapprove the application for Sketch Plan for PUD, considering whether conceptually it is consistent with the applicable standards in Section 5- 240.F.3.e, Standards. Action approving a Sketch Plan for PUD shall be by Resolution. e. Effect of Approval of Sketch Plan for PUD. LAND USE REGULA7TONS 5 -32 EAGLE COUNTY, COLORADO dxys/bural<ven41 <agIANrLUTS CO: d'urc 11, IM 1 111111 IIIII 1111111 IIIII III 11 878174 12/01/1998 04:43P 287 of 405 R 0.00 D 0.00 I IIIIIIII III II1I IIIII IN 370 Sara Fisher N 0.00 Eagle CO ARTICLE 5• ADMINISTRATION 5 -240 PLANNED UAVTDEVELOPMENT (PUD) DISTRICT 5 (1) Effect. Issuance of a Sketch Plan for PUD shall be deemed to authorize the applicant to submit to the County an application for a Preliminary Plan for PUD. It shall not constitute final approval for the PUD. (2) Length of Approval. A Sketch Plans for PUD is valid for two (2) years from the date of its issuance. The Board of County Commissioners may extend this time periods. Permitted time frames do not change with successive owners: (3) Expiration. The approval of a Sketch Plan for PUD by the Board of County Commissioners shall be null and void unless a Preliminary Plan for PUD is approved by the Board of County Commissioners and recorded in the Office of the Eagle County Clerk within two (2) years after the date of approval of the Sketch Plan for PUD. (4) Extension. Upon written request, an extension of the Sketch Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates that failure to obtain approval of the Preliminary Plan for PUD was beyond the applicant's control (allowing reasonable time for the review process), the Sketch Plan for PUD is not speculative in nature, the Sketch Plan for PUD still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood the Preliminary Plan for PUD will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Sketch Plan for PUD is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Sketch Plan for PUD null and void. (5) Hearing on Permit Extinction. If a Sketch Plan for PUD is not extended pursuant to Section 5- 240.F.2.e. (4), Extension, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards of Subsection 5- 210.11. Extinguishment of Approvals, to determine whether to extinguish the Sketch Plan. Preliminary Plan for PUD. a. Application Contents. An application for a Preliminary Plan for PUD shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: LAND USE REGULATIONS 5 -33 EAGLE COUMZ COLORADO �+ cIv95lWMIcFmu1m81elUr 1 -5.CO: NCVr er V, 1W8 11111111 IN IIIIIIII 111111111111 IN 678174 12/01/1998 04:43P 370 Sara Fisher 288 of 403 R 0.00 0 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATION 5 -240 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT (1) Overall development plan. (2) Application for zone amendment. (3) PUD guide setting forth the proposed land use restrictions and standards of development. (4) Wildlife Analysis pursuant to Section 4 -410. (5) Geologic Hazards Analysis pursuant to Section 4 -420. (6) Ridgeline Visual Analysis pursuant to Section 4 -450. (7) Detailed Landscape Plan pursuant to Section 4 -220. (8) Environmental Impact Report pursuant to Section 4 -460. (9) Any other information required with Sketch Plan approval. b. Review of applications. The submission of an application for Preliminary Plan . for PUD, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.1), Common Procedure for Review of Applications. C. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for PUD. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Community Development Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for PUD based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5- 240.F.3.e, Standards, and recommend the application to the Board of County Commissioners. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Preliminary Plan for PUD. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public information given at the public hearing. The Board of County Commissioners may confer with the LAND USE REGULATIONS 5 -34 EAGLE COUNTY, COLORADO dxyJ /WUml2mtrlmg(tlN,UAPJ.CO; N—v "L, 1W. I"III'll'I 678174 III'III "'ll 12/01/1998 I'I I'll 04:43P III'1111 Ill III'I II'I I"I 370 Sara Fisher 289 of 405 R 0.00 0 0.00 N 0.00 Eagle CO i AR77CLE 5: ADMINISTRATFON 5 -240 PLANNED UNIT DEVELOPMENT MUD) DISTRICT applicant on changes deemed advisable and the kind and extent of such changes, and request Community Development Department input. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum present, shall either approve, approve with conditions or disapprove the application for Preliminary Plan for PUD based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5- 240.F.3.e, Standards. Action approving a Preliminary Plan for PUD shall require adoption by Resolution. e. Standards. The Sketch Plan and Preliminary Plan for PUD shall comply with the following standards: (1) Unified ownership or control. The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. (2) Uses. The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3 -300, 'Residential, Agricultural and Resource Zone Districts Use Schedule ", or Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule ", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5 -240 F.3.f., Variations Authorized. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD shall be those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5 -240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. (4) Off - Street Parking and Loading. Off - street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: LAND USE REGULATIONS r .IxyJ/WUraltlim41m8lAWrUAI -J.CO: Novrmbn33, 1598 (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for 5 -35 EAGLE COUNTY, COLORADO I"III I'III 678174 "VIII HE 12/01/1998 I'I IIII 04:43P II"I'II II' I'II' II'I IN 370 Sara Fisher 290 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTTCLE5: ADMINISTRATION 5 -240. PLANNED UNITDEVELOPMENT (PUD) DISTRICT those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off - Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. (5) Landscaping. Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. (6) Signs. The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, tions, unless, as provided in Section 4- 340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. LAND USE REGULATIONS 5 -36 EAGLE COU=,, COLORADO ". oAxP51 Wurnldimu4odlANrL44]'d CO; NnwMer 2i, IS98 11111111 IN 1111111111 111111111111111111 678174 12/01/1998 04:43P 370 Sara Fisher 291 of 405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5.• ADMINISTRAT70N 5 -240. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT T Access shall be by a public right -of -way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off - site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off - street parking areas. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD shall be compatible with the character of surrounding land uses. (10) Consistency with Master Plan. The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). (11) Phasing. The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and '= LAND USE REGULA77ONS 5 -37 EAGLE COUNTY, COLORADO `.... ._i'� clxPSlWmnlcYenuWBleIWrLUITS.CO: A'ovr brr U. )9l8 I I"III,"III "I'III "'ll I'I I'I' III'I"I II' 111111111111111 111111 678174 12/01/1998 04:43P 370 Sara Fisher 292 of '405 R 0.00 D 0.00 N 0.00 Eagle CO ARTICLE 5: ADMINISTRATTON 5 -240 PLANNED UNIT DEVELOPMENT lPUD) DISTRICT (12) LAND USE REGULATIONS c: IxyLldmulcllu41ru81ellprLWTS.CO; Naernber l3, lYf3 amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. Common Recreation and Open Space. The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25 % of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi - public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. i) Areas that Do Not Count as Open Space. Parking and loading areas, street right -of -ways, and areas with slopes greater than thirty (30) percent shall not count toward a usable open space. ii) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (b) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (c) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as 5 -38 EAGLE COUNTY, COLORADO 111111 11II 1 111'111 11'11 III 1111 III'I"1 111 111'1'111 I"I 678174 12/01/1998 04.43P 370 Sara Fl 293 oP 403 R 0.00 D 0.00 N 0.00 Eagle CO r 1��