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HomeMy WebLinkAboutR07-070 Land Use Regulations Amendment ~ /(,:J-/ce /f moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- (rqf. Eagle County File No's. LUR-0069 and ZC-00086 Resource Preservation Zone District 1) AN AMENDMENT OF THE EAGLE COUNTY LAND USE REGULATIONS TO CREATE A NEW 'RESOURCE PRESERVATION' ZONE DISTRICT, AND; 2) A ZONE CHANGE TO APPLY THE NEW 'RESOURCE PRESERVATION' ZONE DISTRICT TO ALL UNITED STATES FOREST SERVICE AND BUREAU OF LAND MANAGEMENT LANDS LOCATED WITHIN UNINCORPORATED EAGLE COUNTY, BUT EXCEPTING OUT THE DESIGNATED HOLY CROSS WILDERNESS AND EAGLE'S NEST WILDERNESS AREAS, WHICH SHALL REMAIN ZONED 'BACKCOUNTRY'. WHEREAS, the Board of County Commissioners of Eagle County, State of Colorado (hereinafter the "Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30-28-101, et seq., to plan for and regulate the use and development ofland 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, Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County; and WHEREAS, the construction of new developments within the County is placing significant additional demands on the natural and human-made environment alike; and WHEREAS, the volume and pace of land development in the County threatens the natural environmental attributes of Eagle County; and WHEREAS, the Board finds and determines that one of the primary roles of zoning and development review is to ensure that changes in land use occur in a way that will promote and LAND USE REGULATIONS Article 3. EAGLE COUNTY, COLORADO protect the health, safety, convenience, order, prosperity and welfare of present and future residents of and visitors to Eagle County; and WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use Regulations as contained herein and attached as Exhibit 'A' and Exhibit 'B', are necessary and appropriate for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan. WHEREAS, at a public hearing held on May 2, 2007 the Eagle County Planning Commission, based on its findings, recommended approval of the proposed Regulatory Amendment and Zone Change; and, WHEREAS, at a public hearing held on May 3, 2007 the Roaring Fork Valley Regional Planning Commission, based on its findings, recommended approval of the proposed Regulatory Amendment and Zone Change; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on May 15,2007. WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commissions, and comments from interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HA VE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs; Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice. Public notice HAS been given; Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed amendments will amend the text of: · Chapter II, Article 3, Section 3-210 RESIDENTIAL, AGRICULTURAL, RESOURCE, BACKCOUNTRY, FULFORD HISTORICAL AND RESOURCE PRESERVATION ZONE DISTRICTS (am X\'lX\'107), · Chapter II, Article 3, Table 3-300 RESIDENTIAL AND AGRICULTURAL AND RESOURCE, ZONE DISTRICTS. USE SCHEDULE (am. X\'lX\'107), · Chapter II, Article 3, Table 3-340, SCHEDULE OF DIMENSIONAL LIMITATIONS and Chapter II, Article 6, Section 6-120: NONCONFORMING LOTS OF RECORD of the Eagle County Land Use Regulations, and; LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO · Will also amend the Official Zone District Map. b. Precise wording of the proposed changes HAS been provided (see attached Exhibits 'A' and 'B') Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the Zone Change: STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.l] Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Section 3.2 General Development Policies a, c, e, f, g, h, i and k · Policy 'a' is not applicable. · Policy 'c' speaks to managing growth for future sustainability by striving for a healthy balance between economic success, quality of life and the preservation of the environment. The proposed Resource Preservation zone district implements this policy. · Policy 'e' is not applicable. · Policy 'f states that, "New communities proposed for unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria". The proposed Resource Preservation zone district implements this policy. · Policy 'g' is not applicable. · Policy 'h' is not applicable. · Policy 'i' states that, "A cluster style of development should be encouraged, especially in areas where cultural, environmental or scenic resources at risk". The proposed Resource Preservation zone district implements this policy. · Policy 'k' is not applicable. Section 3.3 Economic Resources Policies b, c, d, e, f, h, j, m and 0 · Policy 'b' is not applicable. · Policy 'c' states that, "Those qualities that make Eagle County a world class tourist destination and a great place to live, work and play should be identified, promoted and protected". The proposed Resource Preservation zone district implements this policy. · Policies'd, e, f, and h' are not applicable. · Policy 'j' states that, "Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations". The proposed Resource Preservation zone district is consistent with this policy. LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO · Policy 'k' states that, "Timber harvesting and mining should be recognized as viable economic activities, so long as negative social, cultural and environmental impacts are appropriately mitigated". Forestry activities will not be hindered by the proposed Resource Preservation zone district. · Policies 'm and 0' are not applicable. Section 3.4 Housine: Policies a, d, e, g and n · Policies 'a, d, e, g and n' are not applicable. Section 3.5 Infrastructure and Services Policies a, c, g, i, j, k, m and 0 · Policies 'a, c, g, i,j, k, m and 0' are not directly applicable. Section 3.6 Water Resources Policies a, b, c, d, e, f, g, hand i · Policies 'a, c, g, I, j, k, m and 0' are not directly applicable. Section 3.7 Wildlife Resources Policies a, b, c, d, e, f and i · Policy 'a' states that, "The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved". The proposed Resource Preservation zone district helps implement this policy. · Policy 'b' states that, "The well-being of wildlife species of economic importance should be actively monitored and protected". The proposed Resource Preservation zone district helps implement this policy. · Policy 'c' states that, "The well-being of wildlife species ofless economic importance and those on the rare and endangered species list should be actively monitored and protected. The proposed Resource Preservation zone district helps implement this policy. · Policy 'd' states that, "Development in areas critical to the continued well being of Eagle County's wildlife populations should not be allowed". The proposed Resource Preservation zone district will help implement this policy. · Policy 'e' states that, "Where disturbances to wildlife habitat cannot be avoided, development should be required to fully mitigate potential negative impacts". The proposed Resource Preservation zone district will help implement this policy. · Policy 'f states that, "Broad development patterns and the cumulative impacts of incremental development on wildlife habitat and wildlife populations should be accounted for in the decision making process". The proposed Resource Preservation zone district will assist in implementing this policy. · Policy 'i' states that, "Access to public lands and opportunities for public land recreation should be balanced with the need to preserve quality wildlife habitat". The proposed Resource Preservation zone district will assist in implementing this policy. Section 3.8 Sensitive Lands Policies a, c, e and g LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 3, · Policy 'a' states that, "Development should avoid areas of significant natural hazard". The proposed Resource Preservation zone district will assist in implementing this policy. · Policy 'b' states that, "The mitigation of natural hazards should be done in a manner that protects the integrity of the natural environment and the visual quality of the area". The proposed Resource Preservation zone district will assist in implementing this policy. · Policy 'c' states that, "Development and development patterns should preserve landscapes that include visual, historic and archeological value". The proposed Resource Preservation zone district will assist in implementing this policy. · Policy 'e' states that, "A variety of approaches should be utilized preserve land as open space". The proposed Resource Preservation zone district will indirectly assist in implementing this policy. · Policy' g' states that, "Appropriate access should be provided to public lands and rivers". The proposed Resource Preservation zone district will assist in implementing this policy. Section 3.9 Environmental Qualitv Policies a, c and d · Policies 'a, c and d' are not applicable. Section 3.10 Future Land Use Map Policy a · Policy 'a' states that, "Zone changes and site-specific land use proposals should reflect the written policies of this Comprehensive Plan, the land use designations of the Future Land Use Map and the goals and objectives set forth within Area Community Plans, as applicable". The proposed Resource Preservation zone district will assist in implementing this policy. Section 4 Adopted Area Community Plans and FLUM designations All relevant goals, policies Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future plans, which may be in effect at the time of application for zone change: Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan Eagle County Airport Sub-Area Master Plan · By and large, the sub-area plans are not applicable to the proposed Resource Preservation zone district. Generally, the proposed zone district will help to protect the Eagle River watershed thereby making the Resource Preservation LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 3, zone district consistent with the spirit and intent of the Eagle River Watershed Plan. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2] Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. j The proposed Resource Preservation zone district will serve to maintain compatibility of future land uses in the event that United States Forest Service or Bureau of Land Management land is ever transferred into private ownership. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Public Benefit. [Section 5-230.D.3] Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. As stated above, the purpose of the Resource Preservation (RP) zone district is to preserve the open character and associated {lublic benefits of those lands in Eagle County, and not located entirely within the boundaries of an existing city or town, that are owned by the Federal Government on the date of adoption ofthis zone district in the event of sale of such lands by the federal government into private ownership. This is accomplished by disallowing certain land uses; requiring County approval for other land uses which may negatively impact the scenic quality and open character of these lands and by limiting residential development to one dwelling unit per 80 acres. LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Change of Circumstances. [Section 5-230.D.4] Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? Eighty percent of Eagle County's overall land area is federally owned. It is anticipated that due to development pressures over time it may become more attractive for the Federal Government to liquidate its land holdings. There are several sizeable federally owned enclaves of land within Eagle County surrounded by private lands which, if transferred into private ownership have the potential to result in 35 acre subdivisions under the existing 'Resource' zoning. These 35 acre subdivisions may occur, without the benefit of County review, in areas which may not have suitable access and/ or are encumbered by a variety of natural hazard and lack of supportive infrastructure. ------ The proposed Resource Preservation zone district will restrict uses by right compelling perspective developers to pursue land use approval through the County via the public land use process. Conditions have changed such that the proposed amendments are necessitated. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? This amendment will not result in the need for new infrastructure. D EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO IXI NOT APPLICABLE WHEREAS, The Board of County Commissioners further finds that proper publication and public notice were provided as required by law for hearings before the Planning Commission and the Board; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado APPROVED File No's. LUR-0069 and ZC-00086 with the following condition: 1) That the Resource Preservation Zone District includes the following allowances: · Recycling Collection or Drop Off Centers requires Special Use Permit review. · Land Application of Domestic or Industrial Sludge requires Special Use Permit review. · Processing (including alfalfa pellet mill, saw mill, gravel crushing, asphalt or concrete batch plant, but excluding primarv wood processing) requires Special Use Permit review. · Boarding Stables require Special Use Permit review. · Forestry requires Special Use Permit review. · Sales of Commercial Firewood require Special Use Permit review. · Sports Complexes require Special Use Permit review. · Sports Shooting Ranges require Special Use Permit review. · Lastly, the language utilized to describe 'Processing' needs to be embellished to not preclude the preparation of firewood from fallen trees so as to be distinguished from a saw mill. IE.: Processing (including alfalfa pellet mill, saw mill, gravel crushing, asphalt or concrete batch plant, but excluding primary wood processing and firewood processing) LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the J () day of Yl/~'-(-' , 2007, nunc pro tunc to the 15th day of May, 2007. By: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY C MISSIONERS ATTEST: By: Jt.l.lt:> _ Q F~^-_ Sara J. Fisher, ommisslOner Commissioner ~lV)' 1.1 )seconded adoption ofthe foregoing Resolution. The roll having been called, the v e was as follows: 0/(. (2f {;-/V' C/ This Resolution passed by ~7J{J vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO EXHIBIT 'A' EAGLE COUNTY LAND USE REGULATIONS LAND USE REGULATIONS Article 3, EAGLE COUNTY, COLORADO 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,-aaa-Resource, Back Country, Fulford Historic and Resource Preservation Zone Districts ............................................ 3-3 Section 3-220. Commercial and Industrial Zone Districts.............................................. 3-5 Section 3-230. Planned Unit Development (PUD) Zone District .................................. 3-5 Section 3-240. Eagle-Vail PUD ....................................................................................... 3-6 Section 3-250. Floodplain Overlay 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 LAND USE REGULATIONS Article 3, 3-i EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Section 3-320. Commercial and Industrial Zone Districts Use Schedule..................... 3-51 Section 3-330. Review Standards Applicable to Particular Commercial and Industrial Uses..................................................................................................... 3-56 Section 3-340. Zone District Dimensional Limitations ................................................3-58 Section 3-350. Floodplain Overlay Zone District .........................................................3-67 LAND USE REGULATIONS Article 3, 3-ii EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS ARTICLE 3 ZONE DISTRICTS DIVISION 3-1.GENERAL 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. 2. RSM. 3. RSL. 4. RR. 5. AL. 6. AR. 7. RL. 8. R. 9. BC. 10. RP. 11. FH. 12. CL. 13. CG. 14. I. 15. RC. 16. PUD. 17. FO Residential Multi-Family Residential Suburban Medium Density Residential Suburban Low Density Rural Residential Agricultural Limited Agricultural Residential Resource Limited Resource Backcountry Resource Preservation Fulford Historical Commercial Limited Commercial General Industrial Rural Center Planned Unit Development Floodplain Overlay SECTION 3-110. OFFICIAL ZONE DISTRICT MAPS A. Maps Establislted. The location and boundaries of the zone districts established by these Land Use Regulations with the exception of the FO Zone District Maps 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 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. The FO Zone District Maps are listed in Section 3-350 D. Official Floodplain Maps. (am 01/04/05) 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 LAND USE REGULATIONS Article 3, 3-1 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS hours in the Community Development Department. The FO Zone District Maps are on file and available from the Office of the County Engineer. (am 01/04/05) 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 ofthe amending resolution and the date of its adoption. The FO Zone District Maps shall be amended pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map, and records of such amendments shall be kept by the Office of the County Engineer. (am 01/04/05) 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. The County Engineer shall be authorized to determine the precise location of the boundaries of the FO zone district as outlined in Section 3-350 D. (am 01/04/05) 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-or-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. 1. 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-Or-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 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. LAND USE REGULATIONS Article 3, 3-2 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS C. Boundaries Follow Streams or Rivers. Zone 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 four broad classifications. These are: residential, agricultural and resource zone districts; commercial and industrial zone districts; planned unit development (PUD) district; and floodplain overlay district. (am 01/04/05) SECTION 3-210. RESIDENTIAL, AGRICULTURAL, AND RESOURCE, BACKCOUNTRY, FULFORD HISTORICAL AND RESOURCE PRESERVATION ZONE DISTRICTS (am 5/15/07) A. Residential Multi-Family (RMF). 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 by permitting development of single-family, duplex and multi-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. LAND USE REGULATIONS Article 3, 3-3 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS D. Rural Resideutial (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 Comprehensive Plan policies for such uses. 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 (Be) zone district has been applied to all wilderness lands located within Eagle County so as to: (I) protect and regulate the appropriate use of natural LAND USE REGULATIONS Article 3, 3-4 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS 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 ofthe ecology and environment; and (3) avoid geologic, wildfire and flood hazards. J. Resource Preservation (RP). The purpose of the Resource Preservation (RP) zone district is to preserve the open character and associated public benefits of those lands in Eagle County, and not located entirely within the boundaries of an existing city or town, that are owned by the Federal Government on the date of adoption of this zone district in the event of sale of such lands by the federal government into private ownership. This is accomplished by disallowing certain land uses;requiring County approval for other land uses which may negatively impact the scenic quality and open character of these lands and by limiting residential development to one dwelling unit per 80 acres. (am 5/15/07) J..K. 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 (I). 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 (Re) zone district is to recognize and provide for existing small residential centers or crossroads developments. Uses permitted in this LAND USE REGULATIONS Article 3, 3-5 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS 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. 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 3-250. FLOODPLAIN OVERLAY ZONE DISTRICT (org. 01/04/05) The purpose ofthe Floodplain Overlay (FO) zone district is to manage development while protecting public safety in the floodplain. This is an overlay zone district and shall be applied as a supplemental regulation on existing zoned areas containing flood hazard areas, including Planned Unit Development zone district and the Eagle-Vail PUD zone district. The FO zone district is superimposed on the existing LAND USE REGULATIONS Article 3, 3-6 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS zoning and all restrictions and requirements herein are in addition to those of the underlying zone district. All land use review processes that apply to the underlying zone district shall remain in full force and effect. In the case of overlapping or conflicting requirements, the most restrictive provision shall apply. DIVISION 3-3.USE AND DIMENSIONAL STANDARDS SECTION 3-300. RESIDENTIAL, AGRICULTURAL AND RESOURCE, BACKCOUNTRY, FULFORD HISTORICAL AND FEDERAL LAND PRESERVATION ZONE DISTRICTS USE SCHEDULE (am 5/15/07) 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 ofthese 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 and Section 5-300, Limited Review Use. (am 9/27/99) 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 speci~l 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 Article 3, 3-7 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS TABLE 3-300 RESIDENTIAL AND AGRICULTURAL AND RESOURCE, ZONE DISTRICTS USE SCHEDULE (am 5/15/07) luses: R= Use By Right; L= Allowed by Limited FHI RMF RSM RSL RR AL AR RL R BC2 RF Standards lReview; S = Allowed by Special Review; N = Not Allowed Residential Uses <\ccessory Dwelling N N N LJ LJ L' L L R N N Sec. 3-310 A (luster Development Option A N N L L L L L L S N N Sec. 3-310 B ~Iuster Development Option B N S S S S S S S N N N Sec. 3-310 B ustomary Accessory Residential Uses R R R R R R R R R R R )uplex Dwelling N R R R N N N N N N N \1obile Home Park N S S S N N N N N N N Sec. 3-310 Y \1ulti-Family Dwelling N R R R N N N N N N N \1ulti-Housekeeping Dwelling N L L L N N N N N N N See 3-310 Z Single-Family Dwelling R R R R R R R R R S S ime Share and Fractional Fee Estates N S S N N N N N N N N flome Uses 3ed and Breakfast N S S S S S S S L N N Sec. 3-310 C )ay Care Center N S S S S S S S S N N Sec. 3-310 0 )ay Care Home R R R R R R R R R N N Jroup Home N S S S S S S S S N N Sec. 3-310 E Home Business N S S S S S S S S N N Sec. 3-310 F Home Occupation R R R R R R R R R N R Sec.3-310F Public Facilities, Utilities and Institutional Uses A.iroort, Landing Strip, Utility or Air Carrier N N N N N N N N S N N Sec. 3-310 G Iremeterv N N N N N S S S S N N !church L L L S S S S S S N N !community or Public Building S S S S S S S S S N N tEducational Facility S S S S S S S S S N N tElectric Power Generation Facility N S S S S S S S S N S Sec. 3-310 H tElectric Power Transmission Line S S S S S S S S S N S Sec. 3-310 H Fire Station S S S S S S S S S N S LAND USE REGULATIONS Article 3, 3-8 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS TABLE 3-300 RESIDENTIAL AND AGRICULTURAL fAND RESOURCE, ZONE DISTRICTS USE SCHEDULE (am5/15/07) Uses: R= Use By Right; L= Allowed by Limited FHI RMF RSM RSL RR AL AR RL R Bel RF Standards Review; S = Allowed by Special Review; N = Not Allowed lHelistop N N N N N N S S S N N ibrary N R R R R R R R R N N ~ater or Wastewater Projects (am 02/11/03) S S S S S S S S S S S Sec. 3-3101 \latural Gas Transmission Line S S S S S S S S S S S Sec. 3-3 IO H Park, Open Space or Greenbelt R R R R R R R R R S R Sec. 3-310 J Postal Substation N N S S S S S S S N N lRecycling Collection or Drop Off Center N L L L L L L L L N S Sec. 3-3 IO K K.eservoirs and Dams engineered to contain more than ten (10) acre N N N N N S S S S N S Sec. 3-3 IO L eet of water Sanitary Landfill N N N N N N N N S N S Snow Dump/Snow Storage Area L L L L L L L L L S L h'ransfer Station N N N S S S S S S N S ~tility Distribution Facilities S R R R R R R R R S S Sec. 3-310 H lutility Substation N S S S S S S S S N S Sec. 3-310 Ie Iwater Diversion Structures, Ditches and Pipeline Structures ~ngineered to convey fifteen (15) cfs of water or less or designed to S R R R R R R R R S R ~erve as a domestic supply for less than ten (10) dwelling units Iwater Diversion Structures, Ditches and Pipeline Structures Sec. 3-310 ~ngineered to convey more than fifteen (15) cfs of water or designed N S S S S S S S S S S M o serve as a domestic supplv for more than ten (10) dwelling units Iwater or Wastewater Treatment Facility N S S S S S S S S N S Sec. 3-3 IO r.. Iw ater Impoundment N N S S R R R R R S R Sec. 3-310 r.. Iwater Storage Facility S S S S S S S S S N S Sec. 3-3 IO r.. ~ommercial Uses/Personal Services Convenience Grocery Store4 N S S S S S S S S N N ~ennel N N N N N N N S S N N ~elf Service Laundromat' N S S S S S S S S N N Studio For Arts and Crafts S L L L L L L L L N N Sec. 3-3 IO C Veterinary Hospital N N N N S S S S S N N ~ndustrial Uses' I LAND USE REGULATIONS Article 3, 3-9 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS TABLE 3-300 RESIDENTIAL AND AGRICULTURAL }..ND RESOURCE, ZONE DISTRICTS USE SCHEDULE (am 5/15/07) Uses: R= Use By Right; L= Allowed by Limited FBI RMF RSM RSL RR AL AR RL R Bel Rr Standards Review; S = Allowed by Special Review; N = Not Allowed IOxtraction or Exploration (gravel pit, petroleum or natural gas well, N N N N N N N S S S S Sec. 3-310 P oal or ore mine) and Application of domestic or industrial sludge N N N N N N N S S N S Sec. 3-310 Q f>rocessing (including alfalfa pellet mill, saw mill, gravel crushing, Sec. 3-310 P asphalt or concrete batch plant, but excluding primary wood N N N N N N N N S N S processing and firewood processing) elecommunication Facilities N S S S S S S S S N S Ae:riculturaVForestrv Uses AgriCUlture and Customary Accessorv Agricultural Buildings N N N N R R R R R N R Boarding Stable N N N N S S S S R N S Farmers Market N N N N S S S S S N N Farm or Ranch Stand/Sales of Agricultural Products N N N N L L L L L N L Sec. 3-310 R Feedlot N N N N N N N N S N N F orestrv N N N N N N N N R S S Sec. 3-310 S ivestock Sales Yard N N N N N N N N S N N Sales of Commercial Firewood N N N N N N N N S N S Tree Storage N N N N N L L L L N N Sec. 3-310 Aa ResortJRecreation/Amusement Uses Drive-in Theater N N N N S S S N N N N polfCourse or Golf Drivine Range N N N N S S S S S N N Mass Gatherings N N N N N N N N L S L Sec. 3-310 T Outfitter and Guide N N N N R R R R R R R Sec. 3-310 U Polo Field N N N S S S S S S N N Recreational Vehicle Park N N N N S S S S S N S Resort Recreational Facilitv; Day or Resident Camp N N N N N N N N S S S Sec. 3-310 V Riding Stable N N S S S S S S R8 N S Ski Area N N N N N N S S S S S Sports Complex N N N N N S S S S N S Sports Shooting Range N N N N S S S S S N S LAND USE REGULATIONS Article 3, 3-10 EAGLE COUNTY, COLORADO ARTICLE 3: ZONE DISTRICTS TABLE 3-300 RESIDENTIAL AND AGRICULTURAL I..ND RESOURCE, ZONE DISTRICTS USE SCHEDULE (am 5/15/07) luses: R= Use By Right; L= Allowed by Limited FH1 RMF RSM RSL RR AL AR RL R BCI RJil Standards !Review; S = Allowed by Special Review; N = Not Allowed rremporarv Uses ~emporary Building or Use N S S S S S S S S N S Sec. 3-310 W Iremporary Housing N L L L L L L L L N L Sec. 3-310 X Notes: I. Existing uses located within the boundaries of each "Fulford Parcel" as of September 1, 1988, and identified on the "Fulford Land Use Map 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 to other considerations, the applicant shall adequately demonstrate that environmental hazards and impacts resulting from any proposed construction of dwelling units, out buildings, or other structures within the Backcountry (Be) and Resource Presenation zone district are adequately mitigated, resulting in no net adverse impact upon the environment. 3. An accessory dwelling unit proposed as part of a cluster development shall be allowed by Special, rather than Limited Review. 4. A convenience store 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. The maximum size for a convenience store is 3,500 square feet of floor area. 5. The maximum size for a laundromat is 2,000 square feet of floor area. 6. In addition to the standards listed for particular uses, see also Article 4, Division 5, CommerciallIndustrial Performance Standards. 7. Dwellings for persons and their immediate families employed principally or seasonally in a bonafide agricultural or ranching activity on a minimum of 35 acres are also allowed. 8. Use By Right riding 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 shall require a Special Use Permit. 9. Temporary Construction Trailers shall not be subject to Special Review, but shall conform to all applicable building code requirements and to those standards defined in Article 2 of these Land Use Regulations. (am 11/08/05) *Everything in between - No Change. SECTION 3-340. 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(\).!!l o..<<l S'': -(\) -~ :<:2 ~ 0:: .-: '" ~ u <<l on M ~ t3 c:I ~ co ]ig c 000,,,,, (\) "- o ",.. <....: o 'c;j ~ en on (\) '" r-: ~::J (,i (\)'" "" ::J'Z....; .... vi (\)0 -50 Oon -r-: :< ~ a f:::: -.:: S ~ St.1 ~,..." Q~ >; ." -.::t: -...l-':: U = ...;l u .-: <....: ui .... U ~ :a ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS 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 January 1, 1999, 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. (am 9/27/99) 1. Uses by Right. In all instances, except in the Backcoilntry (Be) and Resource Preservation (RP) zone districts, 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. New single family dwelling units shall comply with any and all standards of these Land Use Regulations. (am 03/12/02) (am 5/15/07) 2. Additional Uses. In all zone districts, except for the Fulford Historical (FH), -a:Rd Backcountry (Be) and Resource Preservation (RP) 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 for any use normally permitted in the applicable underlying zone district (see Table 3-300 Residential, Agricultural, and Resource Zone Districts Use Schedule). All setbacks and zone standards must be adhered to, except that the uses approved by the Board of County Commissioners may be allowed on lots which do not meet minimum lot size for that zone district. in the applicable underlying zone district. (am 03/12/02) (am 5/15/07) 14 ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS EXHIBIT 'B' Maps of Resource Preservation Zone District boundaries inserted here. . 15