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Home My WebLink AboutR82-026 Land Use RegulationsRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 82 -c24 EAGLE COUNTY LAND USE REGULATIONS WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", is authorized pursuant to state enabling legislation including, but not limited to, §§ 30 -28 -101 et sec., 30 -28 -201 et seq., 29 -20 -101 et sec., 24.65.1 -101 et sec., 24 -67 -104 et seq., 25 -10 -101 et sec., 30 -11 -101 et seq., respectively, C.R.S. 1973, as amended, 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, in accordance with the foregoing, the Board has adopted various land use regulations including but not limited to: the Zoning Resolution of the County of Eagle, Colorado, 1979, as amended; the Subdivision Regulations of the County of Eagle, Colorado, 1972, as amended; the Building Resolution of the County of Eagle, Colorado, 1973, as amended; the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended; the Road Cut Permit and Road Construction Permit Resolution of the County of Eagle, Colorado, 1979, as amended; and the Eagle County Individual Sewage Disposal Systems Regulations, 1980, as amended; and WHEREAS, the Board desires to incorporate into one comprehensive document a compendium of the aforesaid regulations which govern land use in the unincorporated areas of the County of Eagle, Colorado; and WHEREAS, the establishment of aforesaid comprehensive document is for convenience purposes only, and is not to be construed or deemed to be construed as amending in any way whatsoever the administrative or substantive provisions of the individual land use regulations contained therein. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby adopts the "Eagle County Land Use Regulations" as an official document providing a compendium of regulations which govern land use in the unincorporated areas of the County of Eagle, Colorado, and which have previously been duly adopted by the Board pursuant to separate authorizing resolutions. THAT, the Eagle County Land Use Regulations shall comprise of the following Chapters: Chapter I: general provisions setting forth the purpose, authority, administration, and enforcement of the individual land use regulations contained in Chapters 2 - 6, respectively. Chapter II: Zoning and Subdivision Regulations. Chapter III: Building Resolution. Chapter IV: Individual Sewage Disposal Systems Regulations. Chapter V: Road Cut Permit and Road Construction Permit Resolution. Chapter VI: Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado. THAT, the establishment of the Eagle County Land Use Regulations is for convenience purposes only, and is not to -2- be construed or deemed to be construed as amending in any way whatsoever the administrative or substantive provisions of the individual land use regulations contained therein. THAT, this Resolution is necessary for the public health, safety and welfare of the inhabitants of the County of Eagle, Colorado. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this d day of 1982. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: _ By: C erk o the oard o Da 1'e F. Grant, airman County Commissioners 744' 7 Keith Troxe , Commissioner h� Dan Williams, Commissioner -3- Book 341 Recorded at 11;00 A.M. June 4, 1982 No Fee Page 260 237608 Recorder Johnnette Phillips Eagle County : 4, P CHAPTER 1 GENERAL PROVISIONS INTRbDUCT I ON .• These Regulations are divided into six major sections: , Chapter I contains the purpose .aori authority of EagleCounty to -:enact these Regvlations, a brief discussion of the general provision the various regulations, a section on: enPorc,A14ht.. and amendment procedures. Chapter II contains the Zoning- -Regulations.: ThiS Section addresses the : . p'ermitted •uses and densities allowable in the: - 4• various :zoning .:categories as well as the proced- ures requir'ed i'si order to subdivide real property. . .,Chapter III •contains the Building, Resolution which:- sets . forth the applicat.ion 'of various building codes for construction within the County. Chapter IV include* regulations pertaining to individual sewage disposal syster:►s which are de- •. signed at 2, 000 gallons per day or less. Sys. tems which exceed this capacity require ;permits from the State Department of Health. Chapter Vcontains regulations addressing con- , struction within Count rights-of�-way: Chapter' VI sets forth the' activities and areas of State interest regulated by; the County to ` include: . 1) Site selection ands construction of 'major new water and. sanitation t. facilities. )" Major extens'ion` of water and. wasta- water distribution. .lines: 3) Efficient utilization of municipal and industrial water projects. r 4) Construction .activities uithin fl.00dplai'ns. 1%./ • • Taken as a Whole, this document provides a comprehen- . sive 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 Regu- lations can be directed to the .Department of Communi- • ty Development. 1. 42 PURPOSES . • 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 ofthe present and future inhabitants of Eagle County in accordance with the Eagle County Mas- .ter 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 I County 's agricultural, forestry, resort, business, • :. mining, and other economic bases; protecting both urban and non-urn an 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 • 1 wildlife species; preserving areas of historical and archaeological. . importance and regulating with respect . . . to the establishment of roads on public lands • . administered by the federal government. This author- ity 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. r. 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 required 91101) for making Land Uie DecisiOnt were also streamlined where ,possible. Listed below are the goals, objectives, and policies for -the tentopical .:areas , addressed in the Master Plan. shall serve as- general guidelines for all land -use decisions Made. in Eagle County: 1) % -DEVELOPMENT a) :Goal The open rural character of Eagle County should be protected. A finite 'amount of. development for residential, commercial, ...;and industrial purposes is acceptable pro- varidus land uses are in harmony with the natural environment, the social environment, and adjacent land uses.: be- .volopment should, not create any substantial .. : financial burdon .on Eagle County or exist- 4ng - communities, - Objectives.; , , . . ( 1) To direct new development of urban . - . : alnd % suburbari densities to community centers; these centers should be separated. by open space to enhance community 'identity: . .(2) : , To reduce density outside Of-cOMMuni- ty. centers- in a way: which minimizes visual and physical impacts on the ..- ..-scenic .and agricultural lands that characterize Eagle County- , (3)., To prevent strip development along highway cortidors. (4) To minimize government costs .raSulting from new. -devolepment: , - (5) To promote development design that is - - sensitive to' the' existinY landstape. c ) :Policies , _ . Whenever possible; development sho6ld. be located along the base of hills or integratid_visually with forested areas :'or other natural features: : Hay meadows or pasture lands should be , maintained and protected from development. . (2) Critical ,buffer areas between. .commu-- • nity centers should remain primarily in their natural state. • (3) New development should be encouraged to use the P. U. D. approach whenever . possible in order to promote creative and efficient site design.i n,. (4) The clustering of dwelling units should be encouraged to reduce •ser- vice costs, maximize open space and . promote efficient transportation atterns. p. . :(5) New development should pay for a hair share of the capital costs associated with its demands on the community. (6). Developments :should be: designed in an energy-efficient manner (a) Street layout should provide • lots with maximum solar exposure. (b ) Subdivisions: Should make provi- sions for mass transportation service. (c ) Pedestrian and bicycle 'paths Should provide for linkage to <: add acPnt paths where appropriate.,. (d ) Lots and building 'sites. should be designed to make the most efficient :use of public ser- vices and utilities. . • (7) Residential developments shoud be located away� from transportation rights-of-Way or other nuisances and appropriate noise control techniques • used, such as, but not limited to, :: landscape' buffers and appropriate • . f . fencing. 4 • :(8) :New communities with community centers may be developed only if they meet the following requirements: (a) New communities should provide a full range of public services, including, but not limited te: water and sewer :.. system s, fire protection, commercial services, housing, and recreational facilities. (b ) They should have a significant economic determinant which is site—specific. • (c ) They should demonstrate by an • environmental assessment to • have minimized any negative effects on the social and natural environment.;.. 2) HOUSING a) Goal • A diversity of housing . types and densities • must be encouraged in order to insure adequate housing for all persons_ "Diversity" means a variety of housing types, densities, and neighborhoods; a mixture of ownership and rental housing, . and :a ''full range of housing prices. b) Objectives (1): To . promote , housing which : includes neighborhood and community facilities and',. services. (2) To establish flexibility in land use regulations to promote a diversity of housing and land uses. (3) To promote housing which is safe and accessible to community. services :and $m ployi'ent locations. .. . (4) To provide for the special housing needs:. of the elderly: • • (5) To 'provide affordable housing for low • and moderate income residents. • c 3 .. .; -Policies • • ( 1 ) Housing developments which respond to the variety of needs of their resi- dents and are integrated into the overall community pattern should be encouraged. (2) Neighborhaod amenities i:ncluding1 but not limited to, local parks, bicycle and pedestrian paths should be provided: `(3) The .County should provide incentives • for the provision of bona fide low and moderate income housing units. • (4) . . .;. Maur new developments •Should - provide ax percentage of low, moderate, and middle income :flouting units, with larger projects required to provide • percentage of on-site housing for e p e :..: their to loy. .e s (5). The County; through the use of public:.- or semi-public entities, should . facilitate the development of ;affordable housing: . 3) ECONOMI a) . Goal Eagle County ,should strengthen and diversify :,its economic bases while protecting existing industries., b;) Object.ivea (1). To encourage` primary industries that • attract capital to Eagle County..' • • (2): To allow natural-resource use and mineral extraction -.that can be' • 'operatedt in a .mann.er :tha is environmentallysound .. 6 • :(3) : To specifically encourage �. non—polluting industries to locate in .;Eagle County ;:'(.4) To .enc:ourage and strengthen the basic industries of agriculture, timber management,. recreation, and tourism. c) Policies ' (i, ComMercia i and 'industrial'industrialdevelopment that is compatible with .residenti.al development is encouraged and should • occur within community centers. r; (2) Forest and mineral extraction . industries may be permitted outside . of : community .centers, if: the :locatson • is necessary because of specific circumstances. t3.) ' Industrial development and:.mineral extractior. activities should be reviewedenvironmental . r ' eW. for impacts (4) The County :should develop mechanisms to encourage new and existing economic activities, including the use of public lands wh'er:e: appropriate. 4) ENVIRONMENT: a) Goal The environmental quality of. Eagie:.County sho-uld . be protected b) Objectives ( 1 ) To protect the' tc ortomy of Eagle noun- • residents: _, :. t2:) ' To identify and pto-test:•critical • . wildlife arsetas. (3) :.To protect natural water .systems.frt�m degradation. • (4) To identify unique ..land forms that Should be. protected. 5 (5) . To maintain the air quality of. Eagle • County airsheds. (6) To promote land uses that are compatible with the "Areas and Activ— ities of State Interest" as set forth • in Section 24-65. 1-101, et seq. C. R. S. 19731 as amended. c ' Policies . (1) Critical wildlife areas should be protected by minimizing development in these areas. (Z) The water quality and quantity of Eagle County should be maintained and . enhanced. (3) Unique land forms should be given the protection they require to preserve their special characteristics. (4) The air quality of Eagle County should be closely monitored and controlled to prevent deterioration. ation. iar (5) New developments should be designed to be compatible with the natural physical constraints of the land. 5) OPEN SPACE Eagle County will encourage a variety of open space alternatives for the benefit of present and future residents. b) Objectives ( 1) To facilitate public:. involvement and understanding of open space. (2) To inform federal and state agencies of Eagle County's desire to maintain open space and coordinate with these agencies in keeping the lands they manage as open spare. • • 3') . To. actively encourage. agricultural S land ':uses aced maintain the rural character of tho :County through open. space areas. (4) To :allow each ,e `ban area to retain its own identity through the provi- sion of open space buffers between- communities. (5) To identify and preserve sites of historic value. . di_: Policies ( 1) Eagle ;County, should continue to im-: plement the Open Space Plan as ap- proved :by the Eagle County Planning Commission on February b, 19130. (2) The constraints ' identified on the .: . open space maps, i. e. , visual quality, buffer zones, natural hazards, should be used as a guide. ;in location and design of development 410 (3) Development -plans should show an integration of park and open space -areas with existing park and open space systems. (4) To avoid leap-frog development which. . is both costly and detrimental to .open spa ce,.. new' development should .be • contiguious to already existing ... development. Exceptions to this .may;: be made when a development is of 'a unique design which` takes open space . .ideas into consideration. : (5) • Eagle County should. •,recognize that the concept -of planned unit developments and cluster housing assist in open space maintenance The planning process to implement • r. these development types should be improved. (6) Eagle : County- should require that . a percentage of the net developable land for each subdivision be set 9 aside for open space, along with pr'o Visions for the maintenance of the • open space. (7) The Bureau of Land Management, . the United States Forest Service: the Colorado State Land Board, ilnd other governmental agencies should be made . aware of Eagle County 's desire to maintain open space. The County should continue to comment on decisions made by these agencies which would impact lands. (S) Eagle County should actively pursue land trades with government land management agencies. The County should also support trades between private individuals and government agencies when the results of such a trade beneficial to the Master Plan Objectives. Land trades that would retain open space adjacent to trans— portation corridors should have highest priority. (9)- S ices of historic or archaeologic value should be protected to preserve the heritage of Eagle County 's past. (10) Public and private programs to preserve and.:protect agricultural and open space lands should be considered for adoption: 6) RECREATION ..: . :.. . a) Qoal . • Recreation lands and facilities should be provided and maintained to meet the wide' : range of needs of County residents and . . Visitors. b:) Objectives ( 1) To .:provide active and passive recreational opportunities within ex- isting and proposed community centers. 1•0 • (2) To .provide multiple use recreational opportunities for residents and ::visitors in the County. cpY To develop year-round recreational facilities and activities to balance the seasonal nature of present recreational opportunities in the • • County. (4) To ..encourage increased recreational opportunities for all groups includ- ing the elderly and .`handicapped. (5) To maintain and enhance fish and • wildlife habitats. • c,. Policies (1).. A Countywide park and recreation sys • - tem .Should be' developed. (2). . Recreation facilities and programs should be developed on an areawide • • . (3) New subdivisions and Multi—family • developm ents Should provide recreational amenities for the inhabitants of the development., (4) uniform standards should be established: for the provision :of` parks and recreational facilities within subdivisions..: (8).. The County:'and other government :, agencies should encourage public : access to areas of scenic and , • recreational.`value. (6) • Fish and wildlife habitat should be • maintained ..to enhance their recrea— tion value.`. 7) -TRANSPORTATION The movement: of ;people and goods should be done in a safe and energy efficient manner. • 11 b i Objectives, "(1 ) To develop safe and efficient circulation systems for pedestrians : . and .vehicles.: (2) To develop integrated transportation . systems for Eagle County. (3) To minimize automobile congestion and hazardous conditions on public streets and highways. (4) To promote energy conserving trans. : portation alternatives. c ) Policies (1) New and upgraded roadways should be designed and. constructed so as to • . minimize "future Maintenance costs. ' • 12). Developments should provide bicycle and pedestrian circulation "systems. (3) Developments shoivid be designed to integrate networks of highways, O roads, bike: paths, and trails. (4) _ Good aviation facilities should be available for ;public arid private use. (5) The County :should: entourage the "deb velopment of :efficient transit systems. 6) Alternate. trafs ,.. it modes. should :be . tons,ider..ed for the possible future: use of County residents and visitors. 8) WATER USE:_ AND DIVERSION a.) Goal Water quality and quantity shouldbt maintained. b ) Objectives ( i) To Manage and store the water in '. Eagle County :for the use of its resi- n r dents and v�si�ta s: 1 . • • (2) To insure water quality and quantity • far domestic use, agricultural use, and biologic life. . 3): To keep the land :irrigated.. (4) To insure the availability of prime recreational water uses. • :(5) To protect water associated flora and fauna. e). Policies (1) The •County should take an active role in the management of water resources ate al d to protect water Qu ity ` ati quantii:y. • 12) Eagle County should: oppose . water diversions that .adversel,y affect .its pe ople orthe environment. en men- .t (3) : Minimum stream flows should be • • maintained.• i -(4) Surface water and underground Water quality and quantity should be pro • — • tected from degradation by: (a) wastewater discharges from treatment plants, individual sewage :sgstems, ..and sewage collection systems; .(:b) non.;-point source discharge; " • (c) out—basin water diversion activities: Mineral (d ) min 1 resource extraction; (e) •forest use; (f) development ictivitiet: • ._(g) industrial (5) -Water associated ecosystems 'should be protected. • (6) Water storage reservoirs and other . water projects should promote the • most beneficial and efficient use of Water resources within Eagle County. (7) Developments should be designed to prevent the pollution of aquifer recharge areas. (8) The County should encourage the use of water conserving devices within developments. 9) PUBLIC SERVICES' a) Goal Adequate public services should be provided • to meet the needs of the residents and visitors of Eagle County. b:). . .: Objectives (1) To maintain a balance::between the - growth of the County infrastructure, including, but not limited to, transportation, schools, heath facilities, fire and police services, utilities, recreation, housing, etc. , and the population growth reasonably expected to result from any development. (2) . . To entourage an organized "and centralized approach to the provision of these services. (3) To: explore alternatives for the broadening : of the f'inaanciai base `''of the County. c1 Policies ( 1) New developments ,should generate suf- ficient public revenues to cover the costs of the County services provided to them. (2) Public services should be provided in a cost-effective manner with long—term implications and environ— mental impacts considered. 40 . . , 14 : (3) A proliferation of small service • districts should be dis_ouraged. . New service districts should not ba allowed when services are available.. Prom an existing ng district. (4) Public service companies should be responsive to citizen concerns 10) ;PUBLIC LANDS :. • a) Goal. Public land mans► ement agencies should fol;low the "Multiple Use" concept, but give.. consideration to local: user requirements and enhancement .of environmental quality. : • b) Objectives :(1 ) To insure that public agencies Consider local needs when making ..management decisions: (2).. :.< To .:;base the .utilization of public : . lands on their resource capability: • 1, to maintain or enhance long-term productivity and environmental quality (3): To minimize environmental degradation caused by land use activities. (4). To provide public access.'to public lands. c ) Policies, .(1 ) Rangeland, timberlands recreation lands and critical wildlifehabitat .- b t1 a should be :managed to increase productivity and enhance environment-: ail quality. :(2) Public .agencies "should Consider :land trades .to. save critical,- open spate in the valley$: (3) :Wa.tershed quality :should lie...reflected in all management . decisions. • 15 . • • I4) Critical fish and wildlife• habitats . should be given the protection required . to maintain these areas. . . (5) • Access to :public lands should not be closed off by private interests, And . . . • ' . alternate access .around private lands • should be developed where possible. (6)• Development on "private enclaves" within public land areas should be . . eliminated through ..land trades, pro- vided _that such trades are not detrirdental to others. 4, 04 : -:.AUTHORITY Eagle County is. authorized by law to regulate zon"ing,. planning, subdivision d"f .land, and buildinfj by virtue of Section 30-28-:101 et seq. , and Section 30-28-201 et seg.: respectively, C. R. S. 1973, as amended; to • regulate certain activities :on and uses of land by • Section 29-20-101 et seq. , C. R. 1 Q7 as, amended; to designate and administer Areas .and Activities of State Interest by Section 24-65. 4-101 et seq and • . Section 24-32-111; to regulate planned unit • . developments by Section 24-67-104 et seq. , C.R. S. . 1973, as amended; to regulate individual sewage dis- posal systems by Section 25-10-101 et seq. C. R.S. ' . 1973, as amended; and to. regulate construction activ- . ities within public ways by` Section 30-11-107, C. R. S. '. 1973, as amended. 4. 06 TEMPORARY REGULATION5. . ' . i 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 Away prohibit. or regulate in any . • • part or all- of the unincorporated territory of Eagle.. • •County, the zoning or subdivision of land, or the er.ett.ion, construction, reconstruction or alteration.:. : ill 18 Of any building or: structure used or . to be used for any business, . residential, industrial 'or commercial poi poses, 1. 06 INTERPRETATION In the interpretation and application of these Land Use. Regulations, 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 shell 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 Reg . ulations 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 samesubject '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 provisoins 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. 1. 07 CONSTRUCTION The following six statements are rules regarding the constructiOn of language in....these Land Use Regulations: 1 ) . The particular has precedence over the. general _ • statements. In the event of any conflict, 17 . • .. inconsistency, or incongruity between the gener- al provisions (Chapter I ) of these.. Land Use Reg • - .ulations and any provision contained in :the re- .. maining Chapters of these Land Use Regulations which set forth specific requirements for devel- opment (Chapters II-VI ), the provisions within . `the applicable Chapter which sets forth specific requirements shall in ail respects govern, and control. . 2 .. .-Itt 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 theccontext. clearl.y indicates the � : . . Contrary. 5) . Words used in .the singular s all include the - 'plural. unless .the context clearly indicates the .. . . contrary. Words in one gender shall be deemed I, . _ ' to include the other gender. 6) Any definition used in' the appl'i:cable Colorado , • . Statutes may` be used in these..:Land Use Regula- . . . . . tions and if the statutory definitions conflict. then the statutory definitions shall govern. 1.. 06 SEPARABILITY.. . It .is :hereby declared to be:: the legislative intent that the .seve_relHprovisi.ons of`'these Land Use Regul.a- . tions shall be. severable. 'in accordance with.: the' pro- . visions set forth below: ) :.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 are expressly stated` in the decision - . :' to be invalid; ard . i - 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 strut— : ture 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: 09 REPEAL • All prior Resolutions of the *Eagle county :Board of County Commissioners which are incon.;istent "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. 10 A/MINISTRATION 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 lets. 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 19 • , .. . . o ers for rev a and subsequent Commisis n i � Approval,' .conditional a PP Rproval, . or disapproval. 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, ar . _ revisions shall be. made on the Final Plat .After. ' the approval by the County Commissioners without: repletting. i. 11 PERMITS No permits of any .kind shall be issued by the County Building Department, nor any other administrative Office of .the County, for the construction of any building or other improvements upon any land to which -these Land Use Regulations apply unless and until the requirements thereof have been met. 1.. 12 JURISDICTION These. Land Use Regulations .shall apply to all lands within the :unincorporated territory of Eagle County. 1 13 TITLE These Land Use Regulations ::shall be referred to as the "Eagle County Land Use Regulations".,.:or' "Land' Use ' Regulations. " 1: i4 `'EFFECTIVE DATE,` FILIN6. WLTH COUNTY: CLERK AND „RECORDER i)' These Land Use .Regulati.on's=shall'.b•ecome •.effect- .upon adoption by the Board .of County Commissioners. 2) Upon adoption of these. Land Use' Regulations. and any amendments thereto', the Board of County Com- missioners shall file a; certified copy of the same in the office of the County Clerk and Recorder which shall be kept ,and theremade . available for public .:inspection during reason able times: In addition, a certified copy of these Land "Use Regulations and any amendments ' thereto adopted by the Board Of County Commis- sioners shall be certified to the County 24 I Clerk and Recorder for recording in the same • ;manner as -any other document relating to real property. 1::iS ENFORCEMENt 1. 13 01 . Zonis 1) The Board may provide for the enforcement of the zoning or supplementary regulations by means of the withholding of *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) Suck Bui-lding Inspector shall not issue any. permit unless the plans for the pro • posed 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 ther.,eto.. , (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.. bya 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 pro- posed to be used, in violation of any such regu— lation then the Board of County Commissioners by • and through its County Attorney, or :any owner of.. real estate within the .district in which . such bu:ilding`, structure or land is situated, in addition to, .other remedies 2f rr - . provided. by Maw, : may institute an injunction, mandamus, abatement, or other appropriate action . 411 or proceeding to prevent, enjoin, abate, or 'remove such unlawful erection, construction, • • . . . reconstruction, alteration, maintenance, or use. • 3) . The Zoning Administrator or his authorized representative is authorized to enter upon p'ri=- vate 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 reason- able 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 violation shall be found to exist, the County .Building In- . spector Or his 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 his 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 ; . • :eta 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 Com- ' . . munity Development, and one copy shall be transmitted by the Sheriff to the Clerk of the County Court. • Nothwithstanding the foregoing, ' the issuance of a written notice-as -specified in the paragraph •: next above shall in- noway or manner be deemed a - .• prerequisite to ,the institution of any enforce- ment proceedings set forth herein; and provided further, that compliance .with such written no- • tice shall not necessarily be deemed to be a . • 'd'efense to any alleged violation of these Land. Use Regulations Regulations in any court action instituted • . seeking full compliance therewith, • • 22.. .: but evidence of compliance with: such order may be introduced as matter in mitigation and extenuation. 4) The County Attorney 's office is hereby authari- .zed to enforce the ' pravi..si-ons of this Section on behalf of the Board . of County Commissioners. 1. 15. 02 Subdivision Violations 1) Any subdivider. o1 .ag.ent of a. subdivider who : .transfers or sells land before- a Final Plat for such subdivided . land has been: approved by the Board. and recorded or filed in-, the Office :of the Clerk and Recorder is guilty :of a misdemeanor - and upon conviction thereof, shall be punished : . by ,a fine of not .more than $500 for each parcel .or 'interest in subdivided land which is sold or . offered for sale. All fines collected under this paragraph.-shall be credited to the General Fund of the County. 2) The Board .has the. power to bring an action to . . enjoin any subdivider from selling subdivided. land before final plat for such subdivided . land:. hes been approved by the..Board. . 3) Guarantee of public improvements The Board or any; purchaser ,,of any . lot, . lots, - tract. tracts 'of.: land 'subject to a plat restriction which is the security portion -of a Subdivision Improvements'Agreement shell have the authority , to bring an action in any District Court to compel the enforcement of any Svb— division Improve+nents,.Agreement on the sale; . conveyance... .or transfer of title: of any lot, lots, tract or tracts of land or of any other provision of such agreement. Such_. authority shall include the right. to compel recision of- any sale, conveyance or trainsfer ;of title of any. lot. lots, .tract, or tracts of land contraryto . „the provisions .of any such restriction set forth .. •on the plat or. in any separate'..-recorded .instrument, but .any such action shall he commenced .prior to the issuance of a .building .. permit. 23 4) Suspension 'of Approval 411• :The 'Board of County Commissioners may suspend or withdraw any approval of a plan or plat or may require certain corrective measures to be taken deliverable to addressee only. Service by mail • shall be complete upon receipt by the Environ— mental 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 is- . sue an order tocease and desist from the use of any 'system which is found by the Health Officer .- net to be functioning.. in compliance with the Individual Sewage Disposal Regulations of which Otherwise constitutes a nuisance to public health and which has not". received the timely. re— pair.s in accordance with the provisions of pora— graph (2) next above. Such an order may be is— sued only after a .hearing which shall be .tonducted by the Health Officer not less. than 48 Ill 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) dayi, 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 re-- • - .ference 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 24 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 irspkIction of the individual sewage disposal system has beer. issued by the Eagle County Environ— mental Health Department, and the installa— :tion has received the approval of name. c) No individual sewage dispesel system. presently in use which.: does not comply with the provisions of Chapter IV regarding mi- nimum separation between the maximum seasonal level of the groundwater table and the bottom of. an absorptioin system shall be permitted to remain in use after October 1, 1975. without compliance with Chapter 4. • • d:) Construction of cesspools defined as .cover— ed. underground receptacleswhich receive. untreated sewage from a building rind 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 .Indi— vidual 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, install°s,.. .or permits the :use of any individual .sewage: disposal system without first having'' applied far: and ". - ID 25: . . • . . • received `a permit as provided for in the Individual• Sewage Disposal Regulations. 0 ' b ) Constructs, alters, or installs::an individ-- ual 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 Contractor .without having obtained the license provid— ed for in the Individual Sewage Disposal • Regulations. • e) Conducts. a .business as a Systems Cleaner without having obtained the license provid- ed for in the Individual Sewage Disposal • . Regulations. Al) Willfully fails t . submit upon request proof of proper maintenance and cleaning of -- ' '. : a system as required by the Individual Sew— . .. age Disposal Regulations. g) In addition to other remedies provided in • this Section g, The Board of County Commissioners, 'by and through its County Attorney, or any owner of real estate with— . in the , area may institutean .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 Regulations. 1.. 15: 05 . toad Cut and Road ConstructionWithin Public :Ways . 1 ) It ' shall be unlawful for any person to maker. : construct,' reconstruct, or ,alter any ; opening, excavation, tunnel, Sidi/Walk, 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 otained a road tut and/or :road construction permit for the .per.formance of 'such, . ` • b • . " . 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..reg.ula.=. ` tions 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, : 'CA CA.A. 1973, as amended. . 1. 15. 06 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 provi- . .. : sions provided by law. • 1. '15. 07 Non—Liability:. for Damages • These. Land 'Use Regulations shall not be construed to. - hold Eagle—County— in any manner responsible ' for any • 0 _ _ damages to .persons or property' resulting from any in- spection 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 forebearance by Eagle . . .. ' County . to . so proceed. 1. 1'5. 08. . Non-Liabil+ty .of Officials • : - Any :County Official : or. employee;' • charged with the en-:. forcement of these Land Use Regulations;' acting in . good faith and without .malice. .on behalf: of said .Coun- .: ty in ,the discharge of his official duties, shall not : thereby render himself personally liable for any damages which may accrue to persons ar ,.prop.erty ' . 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 'pro-- vision of these Regulations, shall be defended by th.e . legal officerts) of the County until final termina— . . . : .ti nn of the proceedings. . • S . • 27 . • AMENDMENTS • ,1.. 16. 01 . ,Scope and' Authoritu . From time to time the Board of County Commissioners . may amend. any of the provisions of these Land Use Regulations, including but not limited to the number, :shape, boundaries, area :or requirements of any zone district or other areas and may create new districts ' ' • and areas. This Section sets forth the procedures . for the adoption of amendments to all provisions of .these Land Use Regulations except those provisions .pertaining to Zone District Amendments. For Zone Dis— ; trict Amendments, see Section 2. 13. . 1. 16. 02 Private Applications i An_y private applicant seeking_ an 'amendment under the procedures of this Section to .the provisions of these . Land Use Regulations sha1: submit an application to . the Department of Community Development, which shall include the name and address of the applicant and the language proposed for addition, deletion, or amendment. 1.. 16. 03 . Commencement • Amendmrnts. to the provisions. of .these Land Use ReguT . lations .may be proposed by a private applicant, the staff, the Planning Commission or the Board. . i_ 16: 44: Referrals 1 ) Ailefore final comment: on i.he ' proposal by the . Planning Commission, the proposed amendment - . shall be referred to any appropriate referral.- . agencies for en advisory opinion. The Depart- - mint of Community Development shall make a . ,:recommendation to the Planning Commission. 2) If the proposal would affect land lying wholly or partially within three` (3) miles of any in . . corporated municipality, such proposal shall be referred to the City Clerk of that municipality . . —for recommendation by the city or' town planning . .. commission or city council or town board, or • . • agents designed by them. Failure of the city to . . make recommendations within thirty (30) days • constitutes a waiver of its right to do so. • 28,• �.) Any significant amendment to the provisions of these Land Use Regulations shall be referred to .the Division of Planning of the Department of ' -Local Affairs for advice and recommendation. The Director of the Division of Planning shall present his advisory opinion within thirty (30) . :days or approval shall be presumed. 4.) - Any significant amendment to provisions o; these Land. Use Regulations relating to subdivision . . matters shall be referred to the Land Use Com- mission for comment, if any, within thirty (30) days. l.: ib: d5 Pub,l;ic _Hearing The Planning Commission shah hold a pubic . hearing prior to recommending .the adoption of any amendments or .changes. The time and place of.. such public heaving.. shall be advertised by they Commission at least . fifteen . ( 15) days prior to the hearing in a newspaper of general.. . circulation within the County. After considering the .testimony at the public hearing .and comments from governmental agencies and interested parties, the Planning Commisison • shall recommend approval, conditional approval . Or disapproval of the proposed changes or amend- ' .--ments to the County Commissioners. 2) The Board, before finally adopting any amend • ments or changes, shall hold a public hearing . .. thereon, notice of which shall be published once . . in a newspaper of .general circulation in the -County at the expense of the applicant .at least thirty (30) and not more than sixty (60) days before the hearing. Such notice shall state the date, time and place of the hearing; the place where the proposal and relevant materials may be ..examined; and a telephone number where inquiries .may be answered. Notwithstanding, the foregoing public notice requirement, ,.notice of a public hearing on any proposed amendments to the County Building` .Code :shall be given by ..publication once weekly for four (4) consecutive weeks -in a newspaper of general circulation in the County;. ' 3) The proposal shall be available for :public in- spection in the Department of Community Develop- ment for thirty (30) days prior to the . . • • hearing before the Board of County Commissioners, :-- 1. 16. 06 ° .,Board.. Action 1) In making its decision the Board shall consider 'the information disclosed at the public -hearing 'the Department :of Community Development .. recommendation :and any referral agency comments, ' any comments of -incorporated areas to which the . : proposal was referred, the advisory comment of .:the Division of Planning. • • . . 2) If the proposal recommended 'by the Planning Com- • mis±tion is 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 policiei and . regulations of these Land Use. Regulations, and : the Eagle County Master Plan. i: 17 'APPEALS 1: 17..01 App.ea?s to the. Board of County Commissioners . • . Appeals.,to the Board ,,of County Commissioners may ::b'e . taken .by any person aggrieved b .his. inabilit to y y ..-. . . • obtain a building permit, .:or: by the ..decision of any . administrative' officer oragency based upon or made' in the course of the administration or endorsement ,of the provisions of' these Land Use Regulations. Ap- :peals 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 bo. made within 30 days .after the • . occurrence of such grievance .nr . decision which is the ' subject of the appeal. • • 30.. • 1. 17. 02 Procedure . 1). Appeals hereunder shall be initiated by the filing of a written Notice of . Appeal to the .Clark of the Board of County. Commissioners. Said Notice of .A Appeal shall include the fallow- ing 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 per ta.ining. to the decision or grievance being appealed from, d) The name and mailing: address the Appellant: a) description of the property affected, .. Legal de ri tion • 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 Appeals the Clerk of ..:the Board of County Commissioners shall schedule the appeal for hearing before the Board of Coun- ty 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 and: any other person who' may be affected thereby, 3) Not later than ten ( 10) days pri`°or . to.'the scheduled hearings any and all exhibits, testimony and evidence of whatsoever kind shall. .: be transmitted to the Clerk of the Board of: County Commissioners. 4) A t the hearing, the Board of County Commission ars .shall :consider all the evidence transmitted to;. the .Clerk of the Board of County Cohmission- ers and any additional evidence which • . , 31 L x` t" deign*.alPPropriate. , Strict r• ules of evidence r . :` shall not apply, but all a•dditional oral �ev1 ,. ::.:': .=,', Y, . red o in :: `''. n:co sh'ahl be` reduced t iviting ,. u°nmar`y :fors, " ) Ruling W th`i,n twenty t2t ? 'days from the 'date z o "the h arY.ng, thy. ;Board o County. Commission • „; •:J • tr3. shill 'issue its written ruling affirming' ' : 'Itying. or reversing the decision or action : °Which_. is the sub jest 'of. 'the appeal. Copies of • e Ruling shall` b:a :mailed to ;the': Appellant .and •n •ot.her .interested' parties. JNYY r ti J 1 r, $ i ],,, _ . ,r,•' ,: 4 S C �A�PTER I I :ZONING AND SUBDYVI•SION: REOULATIONS• • 2:01 ESTABLISHMENT OF DISTRIC?S. • To 'carry out the purpose and provisions of these • Regulations, the unincorporated area of Eagle County is :hereby divided i:lto the foltowing .zone districts: TITLEDENSITY. Resource (R) I d. u: per •35 ..acres • Resource Limited (-RL) 1 d.:u. per 20 acres Agricultural Residential (AR d. u: per 10 acres. Agricultural: Limited (AL) 1• d. u. per 5 acres::`: . Rural Residential (RR>.. 1 d. u. per 2 acres` Residential Suburban Lois (RSL) I per 15, 000 sq. ft. Residential Suburban Medium (RSM) 1 . per 8, 000 .sq. :eft.. ; Residential Multi-Family (RMF) 12 d. u. per „acre • • • Commercial Limited (CL) N. A. .. • . Commercial General tCG) N. A. 'Industrial ; (I ) N. A. . Planned' Unit .Dave opment (PD) N. A. Rural Center (RC) :1 per 8, 000 sq ,ft • 2 02 • INCORPORATION 0F, MAP The.' location •and: boundaries of: ,the` zane districts , established _by. this Regulation and shown on the "Zone:' District Pk' s": o,f..a le Count 'are hereby incorporated • p g y p into these Regulations. Said 'zoni:ng maps, togeth.er•. with: all data shown thereon and all aarendments thereto, are .by reference incorporated:into these:'<;,..,. . `Regulations. The Zone-'District Maps shall be identified-' by .signature ..of .the:. Chairman, of the Board: :. • . of, County' Commissioners, and bear the date of ado ti.on. Changes. in the boundary:- of any zone p g district shall be made only i-pon.:amendment to this Regulation_ :and shall, promptly .:he `entered On .the Zone • • District Map with an entry on' the map giving • the,. `number of the amending Regulation and ::the date. The Official Zone District Map shall be located in the • office of the County Clerk and Recorder with copies< _: far public reference maintained in the :office of :the Cai my Department of Community...Development • 1 : 2..03 DISTRICT BOUNDARIES Except where otherwise indicated. zone district 411 boundaries shall follow county lines, municipal oar— porati•t.- t :mits, section lines, lot linos or right—of-way`:center lines or extensions thereof. In unsubdivided land or where a zone district boundary} divides a lot or parcel. the location of such boundary. unless indicated by dimension, shall be de— termined by scale of the zone district map. Where a zone district boundary coincides with a right—of—way line and said right—of—way is subsequently abandoned. the zone district boundary shall then follow the cen— terline of the former right—of—way. Land not part of public right—of—way and which is not indicated as be— ing in any zone district shall be considered to be included in the most restrictive adjacent zone dis— trict even when such district is separated from the land in question by a public right—of--way. 2:44: APPLICATION OF REGULATIONS 1) Except as hereinafter ;rovided: a) . No building or structure shall be erected nor shall any existing building or struc— ture 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 here— inafter provided in the district regula— tions 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 com— pliance with provisions of this Resol9tion shall be considered as providing lot area. frontage. yard or other open space or park— ing space for any other building or struc— ture on the same lot or on any other lot; c) Uses permitted by these Regulations shall also be subject to provisions of other applicable County and State regulations 2. except as specifically provided herein, and further, where the provisions of. these Reg— ulations impose a greater restriction than required by such other regulation, the pro— visions of these Regulations shall be • observed. 2) These Regulations shall apply to the entire area of Eagle County outside the boundaries of incor— porated municipalities or towns. 2. 05 DEFINITIONS 2. 05. 01 TERMS DEFINED For purposes of this Chapter, the following general terms are defined in this Section 2. 05. Terms which apply to specific land uses are further defined in the remaining part of. this. Chapter. In the event of any conflict, inconsistency or incongruity between the definitions of general terms set forth in this Section 2.05 and any definitions of specific terms set forth in the remaining part of this Chapter, the : definitions of specific terms shall in all respects govern and control. • 2. 05. 02 ACCESS Access means the way of means by which pedestrians. and vehicles enter and •leave property. 2..05. 03 ACCESSORY STRUCTURE OR ACCESSORY USE Accessory Structure or Accessory Use means a:.detached . structure or a use incidental and subordinate to the main use of property and located on the same lot as the main use. 2. 05..04 AIRCRAFT LANDING STRIP Aircraft Landing .Strip means a private facility for accommodation and servicing of aircra'A. 2. 05: 05 AIRPORT Airport means a public facility for accommodation and servicing of aircraft. ) Airport. ,. p utilitg: A basic or general utility airport as defined by the Federal :Aviation Agency. 3 . 2) Airport, air carrier: An air carrier airport as defined by. the Federal Aviation Agency. • 2. 05. 06 ALLEY . . Alley means a public right-of-way providing only sec- ondary access to the rear of a property and not in- tended for general travel. 2. 05. 07. AREAS AND ACTIVITIES OF STATE INTEREST Areas land Activities of State Interest means those items as listed in the Eagle County Master Plan, Appendix C. A local government may designate certain areas and activities from the following: 1) Areas of State Interest as Determined by Local Governments a) Mineral resource area 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 d) ',' ;Areas around key facilities in which devel- opment may have a material effect upon the key facility or the surrounding . community 2) Activities of State Interest as .Determined b 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 site . except those sites . specified in Section 25-1 f-203(1), C. R. S. 1973, pt sites n to Part and 3 of Artfcexce et 11 :of Title 25, C. R.C. R. S. 173. i 4 .,.. -11 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 mun'cz.pal and :. industrial water - . . projects i) Conduct of nuclear detonations. 2. 05..O8 _ BASEMENT Basement means a subsurface or partially subsurface building; the habitable area between a floor and a ceiling under a building measured vertically from the grade at the midpoint between the front and. rear walls of the building down to the lowest floor. A Ask basement shall be clarified to mean that portion of the structure which has no more than 36 inches of any wall above grade. 2. 05..09 BOARD Board means the Board of. County Commissioners of the County of Eagle, Colorado. 2. 05. 10 BOARDING OR ROOMING HOUSE Boarding or Rooming House means a building or :portion: thereof, other than a hotel, motel or lodge or multiple family dwelling, used to provide lodging . (with . or without meals) for four or more persons for compensations such compensation may include money; services or other things of value. 2..05. 11 BUILDING Building means any: .structure used for shelter or enclosure of :persons, animals or property.` Any building used far shelter or enclosure of persons shall be one of the following: • INNIMIIMMIMMUMmimmor 1) Conventional and Prefabricated A building constructed or erected on the lot or building site in a conventional mannzr using individually assembled or unassembled building materials, which shall be less than the entire building or major portion thereof and in compli— ance with the Building Resolution as adopted by Eagle County. 2) Modular A building erected on the lot or building site using prefabricated or preassembled component building parts which shall comprise the entire building or major portion thereof. Such build— ing shall meet the requirements of the Uniform Building Code. 3) Accessory a) Attached: A building which is 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. An attached accessory building shall be considered as a part of the main building both as to lot coverage and yard regulations. b) Detached: A detached, subordinate building located on the same lot or building site as the principal building, the use of which is incidental and subordinate to the use of the principal building. An unattached building shall be considered in the maximum lot coverage and yard regulations. 2. 05. 12 BUILDING HEIGHT Building Height means: 1) For lots with an average slope of less than 30 percent: The distance measured vertically, from the fin— ished grade at any given point to the top of a flat roof, or mansard roof or to the midpoint between the cave line and the peak of a gable, gambrel. hip, shed or similar pitched roof, and measured to a slope not to exceed 12:24. • 2) For lots i :th an average slope of 30 percent or fagreater: The distance measured vertically from the fin- ished ,irade at any given point along each of the. principal sides of the structure to the top of a: flat roof or mansard roof or to the midpoint between the save line and the peak of a gable, gambrel,` hip, or shed or similar pitched roof. .,and measured to a slope not to exceed 12: 24. The` measurement of one side may exceed the maximum building height allowable for the zone in which the building is located by a. maximum of fifty (50) percent. 2: 05: 13 BUILDING SETBACK Bui i ing Setback means the area prescribed :by an . imaginary line extending across the full width of a lot, parallel with the street right-of-way line or property Ii:.e and outside of which no principal building or structures shall be constructed. 2. 05. 14: BUILDING,. TEMPORARY Building, Temporary means any building or structure • for which the location: occupancy or use is less than six months or is restricted by a certain period of time. . 2. 05: 15. CAMPER`'PARK Camper Park means anti lot which .has been designed, improved or used for the parking .of four or more . camper vehicles and/or tent campers for human habitation. 2. 05.:16 CAMPER SPACE Camper Space means a plot of ground within a camper,: ' park designed for accommodation of one camper vehicle or tent. 2. 05. 17 CAMPER VEHICLE OR CAMPER TRAILER 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 as living quarters. It shall be . considered self-contained if it includes a toilet and a bath or shower. 7 2. 05. 18 CARETAKER 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. 2. 05. 19 CENTRAL COLLECTION OF SEWAGE Central Collection of Sewage means the transmission of all liquid wastes from five or more residential, commercial and✓or other sources to an adequate facil- ity for primary, secondary or tertiary treatment, and appropriate ultimate reutilization or disposal. a. 05. 20. CLEAR VISION AREA Clear Vision Area means a triangular area on a lot at the intersection of two streets or a streot and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these Regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot Lines will be extended in a straight line toe point of intersection. 2. 05. 21 CLUSTER SUBDIVISION Cluster Subdivision means :a grouping or any number of groupings of units or lots situated around an access way and within a designated open spate or greenbelt area all platted as a subdivision. 2. 05..22 COMlMISSION . Commission means the Eagle County Planning Commission. The duly authorized agent for administrative matters is the Eagle County Department of Community Development. 2: 05. 23 COMMUNITY CENTER Community Center means a facility owned and operated by a governmental agency or a non-profit community organization whose membership is open to any resident of the district, neighborhood ;or community in which. the facility is located, provided that the primary objectives of the organization are the improvement of the district, neighborhood or community and its. social welfare and recreation. i • 2. 05. 24 CONDOMINIUM SUBDIVISION Condominium Subdivision means a subdivision in which the interests created are separate fee simple estates in individual air spaces units of a multi—unit property together with undivided fee simple interests in common elements as defined in Section 38-33-101 et •seq. , C. R. S. 1973, as amended. 2. 05. 25 COUNTY County shall mean Eagle County, Colorado. 2. 08_ 26 COUNTY COIIr4I SS IONERS County Commissioners means the Board of County Commissioners of Eagle County, Colorado. 2. 05. 27 CREEK OR STREAM Creek or Stream means a body of flowing water indicated as a "perennial stream" on the most recent U. S. G. S. topographic map of the area. 2. 05. 28 DEPARTMENT • Department means the Community Development Department of Eagle County. 2:.05.29 DEVELOPABLE LAND • Devsl•opable Land means net land available for building or other development purposes which. i•s '.free from water bodies or the 100—year floodplain. :... 2. 05. 30 DWELLING Dwelling means a building : or portion thereof used for residential (human) occupancy. 2. 05::-31 DWELL I NG UNIT Dwelling Unit means one or more rooms, in a dwelling • occupied by one family living independently of any other family, and having not more than one indoor cooking facility which is limited to the use of the one family. 1 ) The term Dwelling Unit shall also include a mobile homer 2) The term Dwelling Unit shall not include hotels, motels, clubs, boarding houses► or any institu— tion such as an asylum, hospital, or jail where 411 human beings are housed by reason of illness or under legal restraint. 2..05. 32 DWELLING, SINGLE FAMILY Dwelling, Single Family means a building containing only one dwelling unit and containing not less than 400 square feet of habitable floor area. 2. O5.33 DWELLING, TWO FAMILY (DUPLEX) Dwelling, Two Family (Duplex ) means one structure containing two dwelling units sharing a common wall(s) which comprise at least 10 percent of the linear measurement around the perimeter of each unit. 2. 05. 34 DWELLING, MULTIPLE FAMILY Dwelling, Multiple Family means a building containing three or more dwelling units. 2. 05. 35 EASEMENT Easement means .a conveyance or reservation of ate incident of ownership in real property for one or • more specific purposes, •public or private. 2. 05.:r6 EVIDENCE Evidence means any map, tables chart, contract, or other document or testimony, prepared or certified by a qualified person to attest to a specific claim or condition, which evidence shall be relevant and competent and shall support the position maintained by the applicant. 2. 05. 37 ENVIRONMENT Environment means the aggregate of .physical, biological, social and cultural conditions .that influence the life of humans or the conditions or situation . of a_ community. . 2..05.38 EXTRACTION For definition, see Subsection 2. 05. 52 "Industrial Operations. " i 10 2. 05. 39 FABRICATION For definition, see Subsection 2. 05. 52 "Industrial Operations. " 2. 05. 40 FAMILY Family means an individual or two or :Wore persons related by blood, marriage, or adoption, excluding domestic servants, living together in a dwelling unit used as a single housekeeping unit; or a group of not more than four unrelated persons living together in a dwelling unit used as a single family housekeeping unit. 2. 05. 41 FEED LOT Feed Lot meant a closely confined area for the feeding of livestock as contrasted with grazing, pasturing or winter feeding of livestock. 2: 05. 42 FLOOR AREA 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 penthouse, lofts, stairways, fireplaces, halls, useable and habitable attic space, and not including basements or areas designed for parking or loading within the building. 2. 05. 43 FLOOR AREA RATIO Floor Area Ratio means. .the relationship of floor area to total lot area expressed as an arithmetic ratio: . 2. 05. 44 . FRACTIONAL FEE ESTATE Fractional Fee Estate means any interest in real property, including condominiums, owned or leased by five 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 to be regulated hereby. A fractional fee estate shall be deemed to be created upon the marketing, 1•1 promotion selling or offering to sell specified period, or periods of time in one or more residential units. 2. 05. 45 GRADE Grade means the finished ground level at the building . interface. 2. 05. 46, GRADE AVERAGE Grade Average means the average of the finished ground level at the midpoint of each of the exterior walls of a structure, excluding walls 20 feet or less in length, provided that distance between the grade and the finished ground elevation at the lowest point adjoining the structure shall not exceed by more than 25 percent the height limit of the district in which the structure is located. 2. 05. 47 GROUP HOME Group Home means a facility occupied by a sponsor: licensed by the County Department of Social Services, and a group of persons (not to exceed twelve (12) in number) for the purpose of providing housing, and specifically related facilities. In no event shall the total number of persons ( including sponsor and . sponsor 's family) occupying such facility exceed sixteen (16) persons. Group home may include homes for youth, elderly: and mentally or physically handicapped provided it shall also be licensed by the . County Department of Social Services. 2. 05..48 HIGH WATER MARK High Water Mark means the waterline at the point of high discharge with a recurrence interval of 10 years. 2. 05. 49 HOME OCCUPATION Home. Occupation means any lawful use for gain or sup— port as a secondary use carried on within a dwelling or on the lot in an agricultural or residential zone district wherein commercial uses are allowed as a principal,. use of the lot. 411 12 i 2..05. 50 HOSPITAL Hospital means an establishment which pro.rides sleep— ing and sating facilities to persons within which are receiving medical, obstetrical, or surgica. . care with nursing service on a continuous basis. 2. 05. 51 HOTEL Hotel means a building which is. designed, intended, or used for the accommodation of tourists, transients. and permanent guests for compensation and. . in which no provision is made for cooking in individ— ual rooms or suites or rooms. 2. 05. 52. I MPERV I OUS COVER OR MATER I ALS Impervious Cover or Materials means a surface which does not generally allow for the percolation of water into the soils or which reduces below natural amounts the infiltration of precipitation into the ground. The term shall be construed to include building roof surface. concrete, sidewalks, driveways, asphalt. • compacted gravel, and other similar surfaces. 2. 05. 53 INDUSTRIAL OPERATIONS CLASSIFIED • Industrial Operations Classified means industrial uses shall be classified under one of the following categories which characterizes the dominant feature . of the operation for purposes of regulation under these. Regulations: I) Extraction "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 natural— ly occuring location; the. initial stop in utilization of a natural resource; examples in— clude petroleum and natural gas wells, coal mines. gravel pits. timber cutting. 2.) Processing. "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 in— clude petroleum refining, ore smelting, coal crushing and cleaning, saw mills. alfalfa .pellet • 13 mills, food canning or packing, creation of glass. ceramic, or plastic materials, gravel crushing, cement manufacture. 3) Fabrication "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. 4) Storage ..: "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 "To restore to a sound or good state after decay, injury. etc. "; rtestoration of a damaged object to its original physical shape; examples include automobile and equipment repair, appliance repair. .2 05. 54 JUNK Junk means any waste, scrap, surplus, or discarded material other than that classified by the State of Colorado as sewage. 2. 05. 55 JUNK YARD Junk Yard means the use of more than 200 square feet of the area of any lot for the storage 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 farm for use on the farm. 2. 05. 56 KENNEL Kennel means a lot or building in which four or more dogs, cats or animals at least four months of age are • i4 . . kept commercially for board, propagation, training, Or sale. 2: 05. 57 .LIVESTOCK Livestock means domestic animals, other than cats and dogs, of types customarily raised or kept on farms for profit or other. purposes. 2. 05. 5S.' LIVESTOCK SALES YARD 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 and which is not an accessory use.. 2. 05. 59 LOADING SPACE Loading Space means an off—street space 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. 2. 05.60 LODGE • Lodge means a hotel designed primarily to be used. and occupied on a seasonal basis. 2. 05. 61" LOT Lot means a plot or parcel of land ;as established by survey, plat, or deed: 2. 05. 62 LOT AREA Lot Area means the total horizontal land area within. the boundaries of a lot. 2. 05. 63 LOT LINE Lot Line means the external boundaries:. of a lot: 1 ) Lot Line. •Front:: The boundary of „a lot' dividing it from the adjacent street: 2) Lot .Line. Rear: The boundary of;, a. iot opposite the front lot line. 3) Lot Line, Side: Any boundary of a lot other than a front or rear lot line. 15 2. 05. 64 LOT OF RECORD Lot of Record means any lot filed in .the records of • the County Clerk of Eagle County. 2. 05. 65 LOT OR SITE COVERAGE Lot or Site Coverage means the portion of a lot or site covered by materials fording any unbroken sur— face impervious to water, including: I) . buildings. 2) streets, driveways, parking lots, and other impervious materials. 2. 05. 66 LOT SLOPE Lot Slope means: 1) Standard Method The gradient or configuration of the undisturbed land surface of a lot or building site which shall be established by measuring the maximum number of feet in elevation gained or lost be— tween lot lines. This relationship of vertical measurement divided by the horizontal measure— ment shall be expressed as a percentile. Where • the lot slope varies across the lot, an average lot slope shall be determined. 2) Composite Method This method involves the preparation of a slope analysis of the parcel which characterizes the parcel into sub—areas on the basis of a range of lot slope. The categorization is done by mapping the areas by a predetermined distance between contour lines. (See Section 2. 07. 02) 2. .05.67 MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER TREAT— MENT SYSTEM Major Extension of an Existing Domestic Water Treat— ment System means the expansion of existing domestic water treatment plants. or any. extension of existing water supply systems to service an additional population equivalent of twenty (20) persons. 1b • vinewiimmINIMPIMINNIMMINIMINDI AMI .2. 05. 69 MAJOR EXTENSION OF AN EXISTING SEWAGE TREATMENT SYSTEM Major. Extension . of an Existing Sewage Treatment Sys- tem means any modification of existing sewage treat- ment plant to increase hydraulic capacity or upgrade. treatment capability or any extension of existing main sewer lines or any extensions to service a population of twenty (20) or more people. 2. 05. 69 MAJOR NEW DOMESTIC SEWAGE TREATMENT SYSTEM Major New Domestic Sewage Treatment System means a new sewage treatment system and collector system capable of treating the wastewater generated by twenty (20,) or more persons through domestic uses or the equivalent thereof in commercial and/or industrial needs. 2. 05.."10 MAJOR NEW DOMESTIC WATER SYSTEM 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 pub- lic of piped water which will be used in exchange for water for human consumption, if such system is pro- posed to service a population equivalent of twenty (20) persons or the equivalent thereof in other uses: 2. 05. 7 1 MASTER PLAN Master Plan means a compendium of reports. charts, graphs, drawings, maps or plans as may be adopted, prepared or being prepared by Eagle County, or any portion thereof or any amendment thereto, which set forth recommendations and policies for guiding any future growth and development; for providing adequate. facilities for housing, transportation, government, and the public health, safety and general welfare. 2. 05. 72 MOBILE HOME Mobile Home means a trailer coach designed for long term occupancy and containing a flush toilet, tub orr shower bath, and kitchen facilities with water and . electrical supply and sewage disposal connected to outside systems. • 17 2. 05. 73 MOBILE HOME PARK Mobile Home Park means any lot used for location of four or more mobile home. buildings for human habitation. 2. 05. 74 MOBILE :HOME SPACE Mobile Home Space means a plot of ground within a mo— bile home park designed for accommodation of one mo— bile home. 2. 05. 75 MOTEL Motel, means a group of attached or detached buildings containing individual sleeping and/or living units► designed for or used temporarily by tourists and transients, with garage or parking spates adjacent to or near each rental unit: 2..05. 76 MUNICIPAL OR INDUSTRIAL WATER PROJECT Municipal or Industrial Water Project means a system and a11 integrated components thereof through which a municipality and/or industry derives its water supply from either surface or subsurface sources. This in— cludes • system and all integrated components thereof through which a municipality or industry derives 41/ 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. 2: 05. 77 _ NET DENSITY Net Density means the ratio of dwelling units to • total buildable land area, excluding street and street rights-of—way and required open space areas. 2. 05. 7S NET DEVELOPABLE LAND Net Developable Land means net land available .for building or other development purposes which is free from water bodies or the I00—year floodplain. 2. 05. 79 NET RESIDENTIAL AREA Net. Residential_ Area. means the land area devoted to residential uses, not including streets, parking areas, or required useable open space areas. S 2,; :05, S0 OPEN SPACE Open Space means land retained in an open or unim— proved condition, including agricultural lands, landscaped areas or parks. Construction within open .. areas is limited to foot paths; bridges, irrigation structures, erosion protection devices, underground utilities, and outdoor recreation facilities. Owner— ship of open space may be deeded or reserved to a property ownier 's association, it may be dedicated to the public a" protected in other forms deemed accept— able to the Board of County Commissioners. Indoor recreation facilities shall not be included in open space. • 2. 05.:81 OWNER Owner means. a registered or certified holder of real property within Eagle County, Colorado, or the legally authorized agent .of an owner. 2..05. 82 OWNER OF RECORII. Owner of Record means the owner of real property. within Eagle County as recorded by the County Clerk of Eagle County. • 2. 05. 83 . PARKING, OFF-STREET Parking, Off—Street means an area maintained on the lot in an accessible and unobstructed condition for: parking of automobiles by the residents, visitors, employees and customers of uses occupying the lot. . 2. 05. 84 PARK Park means land retained in an open condition for recreation uses it maybe improved with playground apparatus, tennis courts, picnic areas, riding or hiking trails and similar facilities. 2. 05. 85' PERMIT . . Permit means a document issued by Eagle County ; . grarting permission to perform an act.: or service which is regulated by the County. 2. 05. 86 PERSON Person means every natural person, firm, partnership, association, social or fraternal organization,: . . corporation, estate, trust, receiver, syndicate,. 19 br ►nch of government, or any other group or combina- tion acting as a unit. 2..05..07 PLANNING STAFF Planning Staff means persons employed by Eagle County in the County Department of Community Development, Division of Planning.. 2. 05. 88. PRIMARY WOOD PROCESSING Primary Wood Processing means the processing of wood for fence posts, corral posts, cabin logs, and other similar type uses. 2. 05.89 PROCESSING For definition, see,.Subsection 2. 05. 53 "Industrial Operations. " 2. 05. 90 PUBLIC BUILDING Public Building means a building operated and occupied solely by a governmental agency for the purpose of carrying out official duties. 2. 05. 91 P. U. D. GUIDE • P. U.D. Guide means a formal document which establishes the permitted land uses and building . restrictions within a planned unit development. 2. 09. 92 REPAIR For definition, see Subsection 2.05. 53 "Industrial Operations. " 2. 05. 93 RESORT Resort means dude ranch, hunting, or . fishing camp, cross—country or trail skiing lodge. A permanent land use for the purpose of recreation or education which provides lodging, recreational activities, dining facilities, and other needs operated on the site for guests or members. 2::.05.94 ROAD OR STREET Road or street means a way or right--of-Way reserved for public or private use (other than an alley) which also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for 411 : 20 • utility access to adjacent 'properties, and may in— elude the terms: avenue, drive, highway, lane, place,, road or other similar designation. 2. 05. 95 SETBACK Setback means the minimum dimension of a required yard, 2. 05. 96 SCHOOL School means a public or private pre--school, elemen— tary or secondary school or college licensed by the State of Colorado. 2. 05. 97 SIGN For definitions, .see Section 2. 11. 2. 05.98 SITE Site means that area, lot or assemblage of lots . occupied by, adjacent to, or accessory to a building, a group of buildings, or other use defined in these Regulations. 4 2. 05. 99 STORAGE For definition, see Subsection .2. 05. 53 "Industrial Operations. " 2. 05. 100 SUBDIVIDE Subdivide means to make or offer to make a disposition of land which is defined herein as a . subdivision, subdivided land, condominium subdivision or planned unit development subdivision. 2..05. 101 SUBDIVIDER Subdivider means a person who makes or : offers ...to make a disposition of land which is defined herein as a subdivision, subdivided lands, condominium sub— division or planned unit development subdivision. 2. 05. 102 SUBDIVISION OR SUBDIVIDED LAND Subdivision or Subdivided Land means any parcel of. land in the unincorporated area of Eagle County, in— cluding land to be used for condominiums, apartments or any other multiple dwelling units (unless such • land when previously subdivided was 21 :. included in a filing which complied with the provi— sions of these Regulations and substantially the same 411 density) or interests in common, unless exempted un— der other provisions of these Regulations. 2. 05 103 TRAILER COACH Trailer Coach means a vehicle originally designed or presently constructed to be used as a human dwelling or lodging place and to be movable from place to place over streets. 2. 05. 1O4 USE Use means the purpose or function for which a. lot, . structure or building is intended,:..designed or con— structed or the activity which is carried on within said lot, structure or building: 1) Use, Accessory: a use incidental and subordinate to the principal use of the lot, structure or building on the same lot; 2) Use, By Right: a use allowed in a particular zone district when listed thereunder with no further conditions or approval required other than the general terms and stipulations of these • Regulations; 3) . Use, Special: uses allowed by permit only; that permit may be granted or denied, or, if granted, certain conditions and performance standards must be complied with. 2. 05. 105 USE,, TEMPORARY Use, Temporary means any use of any parcel . of land or . building for a period of less than six months or which is restricted by a certain period of time. 2. 05. 106 USABLE OPEN SPACE Usable Open Space means open area of a lot or site designed and developed for uses including, but not limited to recreation, courts, gardens, parks, and walkways. The term shall not include space;;devoted to streets and parking and loading areas, nor lot slopes greater than 30 percent. • 2. 05. 107 Water Impoundments • Water Impoundments mean impoundments of water includ— ing surface runoff, streamflow, extracted ground water and water as a by—product of extraction or pro— cessing of mineral resources, energy generation or agricultural, municipal, or industrial waster supply of sewage treatment installation with a surface area of one acre or more or a number of smaller impoundments on one lot with an aggregate surface area of one acre or more. 2. 05. 108 W©ODLOT Woodlot means a parcel of land used for the splitting and storage of firewood for local consumption. 2. 05. 109 YARDS Yards mean open space on the lot (other than an ,interior court) unobstructed from the ground upward, except as otherwise provided in these Regulations: 1) Yard, Front: a yard extending the: full width of the lot, the depth of which shall be measured in the least horizontal distance between the front411 ' . lot line -and the nearest wall of a principal building; such distance to be known as the front yard setback; 2) Yard, Rear: a yard extending the full width of the lot: the depth of which shall be measured in, the least horizontal distance:between the rear lot line and the nearest wall of a principal building; such distance to be known as the rear . yard setback; 3) Yard, Side: a yard extending from the front yard to the rear yard, the width of which shall. be measured in the least horizontal distance be- tween the side lot line and the nearest wall of a principal building; such distance to be known as the side yard setback_ • 23 • 2. 06 ZONE DISTRICT REGULATIONS The districts shall be governed in conformity with the following regulations (and as further stated in Section 2. 07, Supplementary Regulations. ) 2. 06.:O1 R—RESOURCE 1) Purpose: To protect and enhance the appropriate use of natural resources including water, minerals, fiber and open space. The Resource Zone serves to maintain the open rural character of Eagle County. 2) Uses by Right • a) Agricultural including ranch, .garden, greenhouse, nursery, orchard, woodlot, fishery, and customary accessory uses in— cluding buildings for shelter or enclosure of animals or property primarily employed in any of the above uses, or dwellings for persons and their immediate families employed principally or seasonally in any of the above uses. by Single family dwelling . c) One caretaker unit per parcel. Caretaker unit shall not exceed 1500 sq. ft. in size. It shall not be sold separately from the main dwelling► and shall only be used on parcels of at least 35 acres. d ) Forestry limited to extraction, felling and trimming trees. and removal of wood materials, including primary processing. e) Rural Homesite: Land may be divided into homesites when in conformance with the' fol— lowing provisions: (1) This Homesite provision requires a minimum size parcel of 120 acres. (2) The maximum number of Rural Homesites allowed is three (3) per parcel with each homesite being a minimum of two acres in size. (3) . Contiguous and noncontiguous parcels under one ownership are considered 411 24 for the purposes of this provision to • constitute one parcel. (4) This provision can only be excercised one time by each parcel. (5) Application for Rural Homesite should. use the Minor Subdivision Type III process outlined in Section 2. 25 of this Chapter. • (6) This provision was originally granted in 1974 to allow ranchers to provide homesites for their children. This provision will expire on January 1, 1994. f) Sales of `•a agricultural products. g) Reservoirs and . dams engineered to contain one hundred ..(100) .acre feet of water or less. h) Water. diversion .structures, ditches, and lino structures engineered to convey • fifteen (15) cubic feet or less of water. per second of time and designed to serve less than twenty (20) persons for domestic use. i). Greenbelt j) Park k) Feedlot when such use. is.. incidental and subordinate to a general ranch operation on the property. 4—H :and other similar activ— ities are permitted. 3) Uses, Special a) Cluster Subdivision .in .accordance with.:the. provisions of Section 2. 07. 01(8) Supplemen— tary Regulations, except: that the gross project density shall not exceed one dwelling unit for each 35 acres of land: b ) The following industrial uses and:. operations, in accordance with Section:: 2. 07. 07: (1 ) Extraction, including gravel pit, petroleum or natural gas well, coal mine, metallic or nonmetallic ore mines (2) Processing, including alfalfa pellet mill, saw mill, gravel crushing. (3) Utilities, electric power ,transmis— sion line with a capacity of 69 KV or over, : high pressure gas transmission line, pipeline, canal and aqueduct, sanitary landfill, and salvage yard. (c) Airport, including landing strip, utility or air carrier. (d) Other uses, including: (1) Camper Park • (2) Church (3) Community Building (4) Day Nursery (5) . Fire Station . (6) Golf Course (7) Home Occupation, excluding sale or : exchange of goods on the site. (8) Kennel (9) Postal 'Substation (10) Race Track ( 11) Resort, including dude ranch, hunting or fishing camp provided it is limited to 12 dwelling units or 48 beds of visitor capacity. (12) . Retail sales of agricultural equipment, supplies and materials. (13) Educational Facility (14) Ski Facility (15) Studio for the arts and crafts, pro— vided all activity is conducted with— in a building and retail sales are limited to one—of—a—kind goods fabri— cated on the lot. (16) Temporary building or use in accord— ance with Supplementary Regulations. (17) Group Home (18) Slaughterhouse or rendering plant (19) Riding Stable (20) Public Building (21 ) Commercial sales of firewood • 26 • e) . Reservoirs and dams engineered to contain more than one hundred (100) acre feet of water. f) Water diversion structures, ditches, and., pipeline structures engineered to convey more than. fifteen (15) cubic feet of water per second of time and designed to .serve as a domestic supply for twenty (20) or more persons. g) Major new domestic water or sewer systems, major extensions of such systems, and municipal and industrial water projects. h) Mass gatherings, which have an expected attendance. of more than 500 people. Examples of mass gatherings include but are not limited to rock festivals, religious. revivals. .and river races. 4) • Minimum Lot Area: 35 acres per use. A combina— tion of compatible uses may be considered as one user • 5) Minimum Setbacks: • a) Front Yard: (1) Arterial Street: 50 feet from the' . front property line, (2) Collector Street: 50 feet from the front property line. (3) Local. Street: 25 feet from the front, property line. b) Rear Yard: 12 1/2 .feet or half the height of any building on the lot, whichever is greater; c) Side Yard: 12 1/2 feet or half the height of any building on the: lot, whichever is ,. greater 6) Maximum Building Height. a) Residential 35 feet b) Al] Other — 40 .feet 2. 06. 02 RESOURCE LIMITED To 1 ) Purpose: protect natural resources and • ' agricultural uses while allowing some low density development:. 2) Uses by Right a) Agricultural including ranch, garden, greenhouse, nursery, orchard, woodlot, fishery and customary accessory uses including buildings for shelter or enclosure of persons, animals, or property primarily employed in any of the above uses. b) Single family dwelling, and customary accessory uses including buildings for shelter or enclosure of animals or property . . accessory to use of the lot for residential purposes. Cluster subdivision up to 50% reduction in minimum lot size and in conformance with Section 2. 07. 01 (8). d ) One caretaker unit per parcel, not to exceed 1, 500 sq: ft. in size. It shall not • be sold separately from the main dwellings, and shall only be used on parcels of at least 20 acres. e). Reservoirs and dams engineered to contain one hundred ( 100) acre feet of water or less. f) Water diversion structures, ditches, and pipeline structures engineered to convey fifteen (15) cubic feet :or less of water per second of time and, designed to serve less than twenty (20) persons for domestic use. g). Greenbelt h) Park 3) Uses, Special a) Special design cluster project at a density not to exceed one dwelling unit per 15 acres (See Section 2. 09..02(1 ). 28 b) Community Building c) Day Nursery d) Fire Station e) Golf Course • f) Home Occupation, excluding sale or exchange of goods on site. g) Race Track h) Riding Stable x ), Temporary Building j) Utilities including electric power generation, electric power transmission lines eettih capacity of 69 KY or over, high pressure gas transmission line, pipeline. canal, sanitary landfill, and 'salvage yard:. k:) Reservoirs and dams engineered' to' contain more than one hundred (100) acre feet of water. . • 1) Water diversion structures, ditches, and pipeline structures, engineered to convey, more than fifteen (15) cubic feet of water per second of time and designed to: serve as a domestic; supply for twenty (20) or more persons. m) Major new domestic water, or sewer systems, major extensions of such systems. and municipal and industrial water projects. 4) Minimum Lot Area - 20 acres of land per use ex- cept when using the Cluster Subdivision provisions. 5) Minimum Setbacks - Same as Resource 6) Maximum Building Height - 35 feet 29 2. 06. 03 AIR — AGRICULTURAL RESIDENTIAL 1) Purpose — To maintain the rural character of 411 outlying areas while allowing for compatible low density residential development. 2) Uses, by Right a) Agricultural including farm, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur—bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of animals or property employed in any of the above uses. b) Single family dwelling and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purpose and fences, hedges, gardens, walls and similar landscape features. e) Greenbelt d) Park e) Cluster Subdivision, up to a 50 percent reduction in minimum lot site and in conformance with Section 2. 07. 01(8). f) Reservoirs and dams engineered uo contain one hundred (100) acre feet of water or less. g) Water diversion structures, ditches, and pipeline structures engineered to convey fifteen (15) cubic feet or less of water per second of time and designed to serve less than twenty (20) persons for domestic use. 3) Uses, Spacial a) Special Design Cluster Project at a density not to exceed one dwelling unit per S acres (See Section 2. 09. 02(1). b) Church c) Community Building e . d) Day Nursery • e) Drive-in Theater f) . Fire Station g) Coif Course h) Golf Driving Range i,) Home Occupation, excluding sale or exchange of foods on site d) Mobile Home Park k) Postal Substation 1) Race Track m) Riding Stable n) Sc'hool a) . Ski Facility p) Temporary building or use in accordance • with Supplementary Regulations q) Utilities including electric power generation, electric power transmission lines with capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sanitary landfill, and salvage yard. . r) Group Home s) Reservoirs and dams engineered to contain more than one hundred (100) acre feet of. water. t) . Water diversion structures, ditches. and pipeline structures engineered to convey more than fifteen (15) cubic feet of water. per second of time and designed to serve as - a domestic supply for twenty (20) or more . persons. u) Major new domestic water or sewer systems, major extensions of such. systems. and . municipal and industrial water projects. . 3i : 7) M-inimum Lot .Area 10 acres of land per use. except when using the _ I Cluster Subdivision provisions. 9) :. ..Minimum Setbacks • a) : Front :Yard (1) ..Arterial:°. Street 50 feet from prop erty lint (2) Collector. Street - 50, feet from front .property sine • . (3) Local Street 25 :feet :froi front property line :b$ Rear. Yard 12-1.12 fee* or: half the height of any 'building: on ..the lot, Whichever . it greater:: c) Side Yard, _. of any height 12-112 feet: ,orh half the building on .thee lot. whichever is greater • 9) Maxi uw Building Height - 35 feet 2. 06. 04 AGRICULTURAL LIMITED 1`) _ Purpose — To maintain the rural character of , outlying areas while allowing for some appropriate residential development. 2) Uses by Right al Agricultural including farm, garden, . greenhouse, . nursery, orchard, ranch, small animal farm for production of poultry, fish, fur-bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of animals on property employed in any of the above uses b) Single family dwelling on a separate lot and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purpose and fences, . hedges, gardens, walls and similar land— scape features c) Greenbelt 410 d) Park e) Cluster Subdivision, up to a 50 percent reduction in minimum, lot size and in conformance with Section 2. 07. 01 (6). f) Reservoirs and dams engineered to contain one hundred (100) acre feet of water or less. g) . Water diversion structures, ditches, and pipeline structures engineered to convey fifteen (15) cubic feet or less of water per second of time and designed to serve less than twenty (20) persons for domestic use. 3) Uses, Special a):: . Special . Design Cluster Project at a density not to exceed one dwelling unit per 4 acres (See Section 2. 09. 02(1). b) Church 33 • c) Buildi g 410 Community '� d ) Day Nursery e) Drive--In Theater f) Fire Station g ) Golf Course h) Golf Driving Range i ): Postal Substation j) Race .Track k) Riding Stable 1) Educational Facility m) Home Occupation. excluding sale or exchange of goods on the site n) Mobile Home Park o) Temporary building or use in accordance with Supplementary Regulations p) Utilities including electric power generation, electric power transmission lines with capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sanitary landfill, and salvage yard. q) Group Home r) Reservoirs and dams engineered to contain more than one hundred ;(100) acre feet of water s) Water diversion structures, ditches, and pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of time and designed to serve as a domestic supply far. twenty (20) or more persons t) Major new domestic water or sewer systems. major extensions of such '.systems. and municipal and industrial water projects 1111 34 4) Minimum Lot Area 5 acres of land per use ex-- cept:when using the Cluster Subdivision provisions 5) MinimUm Setbacks a.) . 'r.ont Yard (l) Arterial Street — 50 feet from .front property line (2) " Collector Street — 50 feet from front property line (3) Local Street -,25: feet from the front property line b) Rear Yard any fret or half: the height 9 of a y building on . the lot, whichever is greater ;c) Side Yard • 2 feet lf. the height of any l2—i! or ha e building on :the lot, whichever is greater • 6) Maximum Building Height — 35 feet • • 2. 06. 05 R/R — RURAL RESIDENTIAL . 1) Purpose To allow for low density suburban uses • which serve as a transition area between the urban and rural countryside. 2)- Uses by Right a) . : Agricultural including farm► garden, greenhouse, nursery, orchard► ranch, small animal farm for production of poultry, fish, fur—bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of animals or property employed in any of the:: ... above uses b) Single family dwelling on a separate lot and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purpose and fences, hedges, gardens. walls and similar land— • scape features c) ,..: Greenbelt :... d) Park • e) Cluster Subdivision, up to 50 percent reduction in minimum lot size and in conformance with Section 2. 07. 01 (S). f:) Reservoirs and dams engineered to contain one hundred (100) acre feet of water or less g) Water diversion structures, ditches* and pipeline structures engineered to convey fifteen (15) cubic feet or less of water per second of time and designed to serve less than twenty (20) persons for domestic use 3) Uses, Special a) Special Design Cluster Project at a density not to exceed one dwelling unit per 1. 6 acres (See Section 2. 09. 02(1). b) Church • 36. ` c 3 Community Building • ).. Dag Nursery.. e).: Drive-in Theater f) Fire Station g) Golf Course h) Golf Driving Range i)` Home Occupation, excluding sale or exchange of goods on the site j) Mobile Home Park k) Postal Substation I) Race Track m) Riding Stablp' . n) Educational Facility o): Temporary building or use in accordance . with Supplementary Regulations p) . Utilities including electric power . generation, electric power transmission lines with capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sanitary landfill, and salvage. yard: Group Home r) Reservoirs and dams engineered to contain more than one hundred (100) acre feet of water s) Water diversion structures, ditches, and .: . . pipeline structures engineered to convey. more than fifteen (15) cubic feet of water. ' . per second of time and designed to serve as, a domestic supply for twenty (20) or more persons t) Major new domestic water or, :sewer .systems; major extensions of such systems, and municipal and industrial water, projects i 37 ;:: 4) Minimum Lot.:.Area • 2 acres of land per use except when using the. • Cluster Subdivision provisions 5) Minimum Setbacks a) Fra.nt Yard • (1) Arterial Street - 50 feet from front : property line (2) Collector Street - 50 feet from front • ;property line (3) Local Street w. 2S feet from the. front : property line b) Rear Yard ;.. the height ght of any iZ-!/2, feet orhalf �t e • . building on the lot, whichever. ,is greater c).. Side Yard 12=-2/2 feet or half the ;height of any building ild lot, whichever is greater • rig On bh' �a 6) Maximum 'Building Height - 35 feet • 3S 2. 06. 06 R/S/L RESIDENTIAL/SUBURBAN/LOW DENSITY 1) Purpose - To maintain a low density suburban neighborhood adjacent to urban centers. 2) ... . Uses. by Right a) :. Single family, two family, and multiple family dwellings and accessory uses customary to individual residential use in- cluding fences, hedges, .: gardens, walls and similar landscape features b) Greenbelt c) Park d) Cluster Subdivision up to 50 percent reduction in minimum lot size and in conformance with Section 2. 07. 01(8). o) Reservoirs..and dams engineered to contain :. one hundred (100) acre feet of water or less f,) .. Water diversion. structures, ditches, and • pipeline structures engineered to convey fifteen (15) cubic feet or less of water per second of time and designed to serve less than twenty (20) persons for domestic use 3) Uses, Special b). Special Design Cluster Project at a density not to exceed one dwelling unit per 10.000 square feet of net developable land and as may be further restricted by the Supplemen— tary Regulations (See:. Section 2: 09. 02(1). c) Community Building d) .. Day Nursery :. e) Fire Station p g g f) Home Occupation. excluding- sale sale or exchange of goods on the site S 39 g) . Mobile Home Park. h) Postal Substation i) Riding Stable j) School k) Signs accessory to Special Use 1 ) Utilities including electric power generation. electric power transmission lines with capacity of 6, KV or over, ' high pressure gas transmission line, pipeline canal, sanitary landfill. and salvage yard. m) Utility Substation n) Storage building accessory to a residential use. o) Croup Home p) Reservoirs and dams engineered to contain more than one hundred (100) acre feet of water q) Water diversion structures. ditches. and 0 pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of time and designed to 'serve as a domestic supply for twenty (20) •or more persons r) Major new domestic water or sewer systems major extensions of such systems, and municipal and industrial water projects 4) Minimum Lot Area 15,000 square feet of net developable land per use except when using the Cluster Subdivision provisions. Effective density may be reduced by Supplementary Regulations, Section 2. 07. 5) Maximum Lot Coverage a) Buildings: 15 percent of net developable band b) All impervious materials: 35 percent of net developable land S 40. c) And as further restricted under the °Supple- mentary Regulations 6) Maximum Floor Area Ratio 0. 20: 1. 0 of net developable. land and as further restricted under Supplementary .Regulations 7) ' . Minimum Setbacks a`). Front: Yard . (f) Arterial :Street - 50 fleet from front property line (2) . Collector Street;.; 50 feet.; from front property.: lint (3) Local Street. - 25 feet from .fr.ont property line b) Rear Yard. 12-1.12 feet or half the height of any building on the let, whichever is greater c) Side.,Yard - 12-1/2 feet or half the height of any building on the lot, whichever 'i's greater 8) - Maximum Building Height - 35 feet 4i 2. 06. 07 R/S/M — RESIDENTIAL/SUBURBAN/MEDIUM DENSITY 1) Purpose — To allow higher density residential 411 development in close proximity to existing determinants and where complete facilities are available. 2) Uses, by Right a) Single family ,dwellings, two family dwellings, multiple family dwellings, and customary accessory uses including build— ings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features b) greenbelt c) Park d) Cluster Subdivision up to 50 percent reduction in the minimum lot sire in conformance with Section 2. 07. 01(8). e) . Reservoirs and dams engineered to contain one hundred (100) acre feet of water or less f) Water diversion structures, ditches, and pipeline structures engineered to convey fifteen (15) cubic feet or less of water . per second of time and designed to serve less than twenty (20) persons for domestic use 3) Uses. Special a) Church. b) Special Design Cluster Project it a .density . not to exceed one dwelling unit per 6.000 square feet of net developable land and as may be further restricted by the Supplementary Regulations (See Section •. 2. 09. 02(1). c) Commercial personal services limited to the following types: barber or, beauty shop, coffee shop, grocery store, laundromat, • 42 delicatessen, . automobile service station • without repair facilities. d) Community Building e)` Day Nursery f) Fire Station g) Home Occupation. excluding sale or exchange of goods on the site h) • Mobile Home Park i) Postal Substation j) Riding Stable kl School l) . Signs accessory to a Special Use m) Temporary building or use in accordance with Supplementary Regulations n) Utilities including electric power' generation, electric power transmission lines with capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sanitary landfill, and salvage yard: o) Warehouse or storage building accessory to a permitted use . p) Group Home q) Reservoirs and dams engineered . to contain more than one hundred (100) acre: feet of water r) Water diversion structures, : ditches.: and pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of time and designed to serve as a domestic supply for twenty. (20) or more , persons s) Major new domestic water or 'sewer systems. major extensions of such systems. and municipal and industrial water projects- • 43 4) Minimum Lot Area 8►000 square feet of net developable land per, • use except when using the Cluster Subdivision provisions. Effective density may be reduced by Supplementary Regulations. Section 2. 07. 5) Maximum Lot Coverage a) Buildings: 25 percent of net developable land b.). All impervious materials: 45 percent of net developable land c) And as further restricted by Supplementary Regulations b) Maximum Floor Area .Ratio. 0. 30: 1. 0. of net developable land and as further restricted under Supplementary Regulations 7) Minimum Setbacks a) Front Yard . . (1) Arterial Street - 50 feet from front • property. line. (2) Collector :Street - 50 feet from front property Tine (3) Local Street -25 feet from front property line b) Rear Yard 12-1/2 feet O . Iblif. the height of any building On the lot. whichever is greater c ) Side Yard 12-1/2 feet or half the height of any building on the: lots whichever is greater d) Maximum Building Height - 35 feet f 2.`06: 08 R/M/P RESIDENTIAL MULTIPLE FAMILY 1) Purpose — To allow higher density residential development in close proximity to existing determinants and where complete facilities are available. E), Uses, by Right a) Single family dwellings, two family • dwellings, multiple family dwellings, and customary accessory uses including build— ings for residential purposes and fences• hedges, gardens, walls and similar land— scape features b) Greenbelt c) Park d) Reservoirs and dams engineered to contain one hundred (100) acre feet of water or less e) Water diversion structures, ditches. and .. pipeline structures engineered to convey . • fifteen (15) cubic feet or less of water per second of time and designed to serve less than twenty (20) persons for domestic use . . 3) . ..:Uses. : Special a) Commercial personal services limited to the following types: barber or beauty shop► coffee shop, grocery store. laundromat, delicatessen, automobile service station . without repair facilities b) Special Design Cluster Project at a density not to exceed 16 dwelling units per net developable acre in accordance with and as may be restricted by the Supplementary Reg— ulations (See Section 2. 09. 02(1). c) Home Occupation, excluding sale or exchange of goads on the site d ) :Signs accessory to a Special Use e). Temporary building or use in accordance with Supplementary Regulations • 45 f) Utilities including electric power generation. electric power transmission lines with capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sanitary laredfill, land salvage yard. g) Warehouse or storage building accessory to a residential use h ) Fractional Fee Estates and Time Share Estates i) Reservoirs and dams engineered to contain more than one hundred (100) acre feet of water j) Water diversion structures, ditches. and pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of time and designed to serve as a domestic supply for twenty (20) or more • persons k) Major new domestic water or sewer systems. major extensions of such systems. and municipal and industrial water projects • 4) Minimum Lot Area 6, 000 square feet of net developable land with a density not to exceed 12 d. u. per acre of net developable land. Effective density may be reduced by the Supplementary Regulations, Sec— tion 2. 07. • 5) Maximum Lot Coverage a) Buildings: 40 percent of net developable land b) All impervious materials: 60 percent of net developable land c) And as further restricted by 84.;pplementory Regulations 6) Maximum Floor Area Ratio O. 50: 1. 0 of net developable land and as further restricted under Supplementary Regulations • 7) : Mini u.•Setbacks . a0 ,;• :, ..„-f z - . ,._.':.......•:-•:„•'::,,E:::,,.."-:,i,:::-..',„.:::-.'.,. Front Yard (l)s: Arterial .Streets .-•'..50-..feet ;fro, from prdper# fine . .(•2) collector St- eets -.50 .feet afros . ;: ... root praparty line '(3) Local' Streets. 75' feet._ 'tom front' property_ line;:.. `: b)` , ,•,Rear Yard . 12-1J2 feet" or: ;• half the.-.height :of an.y :, . ' building on t•h•e lot-, whichever fie greater . 'l:` Sidi ►ard 12-1/2 feet:'or• half .the height of any building on,•the loot: • whichever is reaahr 8);:••. tailet*ua Bu �lding•. .Height- , 45 .feet' • 0 2.°06. 09 C/L - COMMERCIAL LIMITED 1) Purpose - To provide for the limited range of 111 commercial uses needed to meet the daily or con— venience shopping needs of neighborhood resi- dents in the immediate area. 2) Uses, by Right a) Retail establishments including , sales of: (1) food. (2) beverages (3) dry goods (4) furniture (5) appliances (6) automotive and vshicular parts (7) hardware (8) clothing (9) garden supply and plant materials, provided all activity is conducted within a building (10) bakery b) Personal service establishment including: (1) :bank. (2) barber or beauty shop (3) laundromat (4) laundry or drycleaning . pick-up station (5) mortuary (6) photography studio (7) shoe repair (8) tailor shop (9) restaurant .. (10) reading room (11) private club (12) indoor theater (13) indoor recreation (14) park (15) greenbelt (16) public building for administration (17) art gallery (18) museum (19) library (20) pharmacy (21) print shop (22) feed stores c) Office (provided all activity is conducted within a building) for conduct of: (1) a business or profession (2) studio for conduct of arts and 'crafts 48 3) Uses, Special • a) automobile repair garage b) auto washing facility c). utilities, including. water storage.. and. treatment, and sewage .treatment facilities d) Utility substation ., 4)) water impoundments f); : any use listed under Sy Right above which use is to be a drive—in establishment where . the customer receives goods or services while occupying a vehicle g).: : mobile home h ) motel i) hotel j) :general service establishment including: ( 1) service and repair of appliances (2) vef,icular rental k) parking lot ar. .garage as principal use of the _l o t l.) church n) community building.. . n).. . . day nursery o) day school p . auditorium q) fraternal lodge . r) .;: hospital s) clin_ic t) nursing home u) convalescent home v). : dwelling units not to exceed 33 percent of the total square :footage of all, of. the • buildings on the site provided that 50 percent of the dwelling units are affordable housing in conformance with 3ectibn 2. 09. 02(1) (d ) (.5) . . is) temporary building to: be used . to conduct 'a Us* by Right and in: accordance .with Supplementary Regulations 4) Lot Area 7,.500 square feet of net developable land and as' further restricted :by Supplementary Regulations 5) Maximum Lot Coverage a) buildings: 40 percent of net developable • land giob.): : All impervious materials: 70- percent. of net developable land 49. • c) And as further restricted by Supplementary Regulations • -6) Maximum Floor Area Ratio !Maximum Floor Area Ratio 0. 50: 1.0 of net developable land and as further restricted by Sv• ppltaeentary Regulations. 7) Minimum Setback a) Front Yard (1) Arterial Street: 50 feet from front property l it e. (2) Collector Street: 50 feet from. front property (;ty ` Local Street: 25 feet from front prop°erty line. b) ", Rear Yard: 20 feet ,e) Side Yard: 12..5 feet 9) Maximum Height of Buildings: 35 feet 9) Minimum Use Standards All uses listed to the C/L Zone shall comply with the performance standards listed in Sec— lion2a7. 07. so 2. 06. 10 C/0 - COMMERCIAL GENERAL 1) Purpose: The general commercial zone is inten d- edto provide for the broad range of commercial operations and services required for the proper and convenient functioning of commercial centers : serving the large areas of the county. Uses permitted are intended to include all retail and service operations that may be appropriately lo- cated within a shopping district and that are normally required to sustain -a. community. 2) Uses by Right Any Use by Right of the C/L district and any of th• following uses when occurring on lots of one acre or less: a):; Qeneral ..service establishments: •including:: (1) lumber. yard (2) motor freight depot and storage (3). automobile repair garage (4) automobile service station (5) automobile washingfacility . (6).. laundry and dry-cleaning plant . (V)• shop for blacksmith, cabinetry, glazing, machining,gta i , printing, g publishing, plumbing, sheet metal (0) contractor's yard (9) warehouse or storage building b) . Sales. rental, storage. service or repair of: (1) aircraft. (2) automobiles (3) trucks (4) trailers (S) marine pleasure craft c) Wholesale establishment incltding sale of. (1) food (2) fuel. (3) beverages (4) dry-goods (5) 1�urniture (6) appliances (7) automotive and veni.cuiar equipment (e) hardware (9) clothing (10) mobile homes (11) building materials 31 , (12) feed (13) garden supply and plant materials • 3) Uses, Special a) Any special use of the C/L district subject to all conditions listed thereunder b) Any of the Uses by Right listed in (a) through (c) above when occurring on lots of greater than one acre c) Other uses: (1 ) plant for processing natural resources, and for agricultural ma— terials limited to food and beverages (2) salvage yard (3) utilities, including water storage and treatment. and sewage teatment facilities (4) ..utility substation (5) water impoundments (6) temporary building or use in accord— ance with Supplementary Regulations (7) truck stop (8) day school (9) hospital • 4) Minimum Lot Area 7. 500 square feet of new developable land as further restricted .unifier Supplementary Regulations 5) Maximum Lot coverage a) Buildings: 30 percent of net developable.'. land b) • All impervious materials: BO percent of net developable land c) And as may be ftrther restricted ..by Supple— mentary Regulations 6) Maximum Floor Area Ratio: :0. 40: 1. 0 of net developable land and as further restricted under Supplementary Regulations. t 52 7) Miniil;:Setback a): . Front 'Yard t1,) Arterial Street - S0 feet froa.•front propertU line , t23 Collector Street 50 feet from front propertq:`I in.e t3)' Local Street - -25 feet from:.front prop�rs wino h-) Rear Yard: .-..,20 feet c?' Bid. it.S fsst Height of Building 35 Beet 9) Miniewt� Use .Standards All uses listed In the C/Q::Zone shalt' csoaptta with the pei fori#ance stars- darts listed •in .Section.2: 07. 07. i 2. 06. 11 I _ INDUSTRIAL 1) Purpose -- To provide an appropriate location for i necessary heavy impact commercial and industrial operations. 2) Uses. by Right Industrial Uses as here listed when occurring on lots of one acre or less; a) Assembly, manufacture, or preparation of articles or merchandise from the following previously prepared types of materials: (1) aluminum (2) bone (3) canvas (4). cellophane (5) cloth (6) cork (7) feathers . (8) felt (9) fiber (10) fur (11) glass (12) hair (13) horn (14) iron i (15) lacquer (16) leather (17) paper (18) plastic (19) precious or semi—precious metals or stones (20) rubber (21) shell (22) steel (23) textiles (24) tin . (25) tobacco (26) wax (27) s (28) ,yard (29) paint not employing a boiling process (30) wood (excluding saw mill, lumber mill, planing mill. and moulding plant) b) Manufacture, compounding. processing. packaging. or treatment of such products (excluding the rendering of fats and oils, fish and meat slaughtering, and fermented • foods: such as:;,sauerkraut, vinegar or yeast): ~:. (1) bakery goods : (2) candy (3) cosmetics (4) dairy products: : (5) meat (6) drugs (7) perfumes (8) pharmaceutical` (9) perfumed toilet soap (10) toiletries c) gales, rental, storage. service or repair of: (i) aircraft . (2) automobiles.. ' (3) trucks.` . (4) trailers • 15) marine pleasure craft d) Wholesale establishment inclding sale of: (1) food (2) fuel (3) beverages (4) dry goods (5) furniture (6) appliances • (7) automotive and vehicular equipment (S) hardware . (9) clothing_ (10) mobile homesc.. , 111) building materials (12).. .feed (ice) garden supply:. and plant*, materials e) General Service establishment including: Cl) lumber yard (2) motor freight depot and storage (3) automobile repair garage • : (4) automobile service station : • (5) automobile washing facility. . (6) laundry and dry cleaning plant : (7) shop for blacksmith, cabinetr..y, in Printing, glazing, machining, pri ing, publishing, plumbing, sheet Metal (8) contractor's yard. • (9) warehouse or storage building 55 3) Uses, Special . a) .. All -of the perMitted uses• listed 'above' when • .. ' •.occurring on lots of greater than one acre . ' • • b) Manufacture, use. or storage of explosives c), 'Reduction or disposal by sanitary landfill .. • . . . method of .baste materials, garbage, offal or dead animals . ' d) Auto Mrecking. e) Plant for procassing natural resources and . agricultural materials ' . •f) Salvage yard • • • . g) Extraction and oracessing of: . (1) minorals : (2) rocks-: . 13) •sand . . . . . (4) gravel (5) - other earth -.Products .. •.;h) •••Refuse disposal -*area conducted under. a.: .. • ' ' . landfill or sanitary landfill method.. i),.. . Saw -Mill :. .. :j) Lumber mill k) ' Planer• •mil 1) • •Water .impoundments m) Utilities including .. . . . • It) water storage and . treatment . (2) .sewage treatment 'facilities . :' (3'). • utility substation , : n) Temporary building or. use in accordance . . ' 'with Supplementary Regulations: - .. 4) ;• ,Minimum.Lot Area - 7. 500 square :feet of net • . developable land and as further restricted under . Supplementary Regulations. • ' ' ' 5) I itiakimum Lot Coverage . ' .a) Buildings - SO' percent of:.net developable • . • • • land-. • . . $b. • . . . . b) All impervious materials - BO percent of '• net developable land • Ilk • t) And as further restricted by Supplementary Regulationt ; - •-' Floor Area Ratio , . O. 50: 1. 0 net developable land and as further provided under Supplementary' Regulations7) Minimum Setback . . : a) Front Yard • • • • (1) .Arterial Street - 5D feet from front propertq line : . • (2) 'Collector Street - .50 feet from front •-• • propertg line • • (3) Local• Street 7 25 feet from front propertV line ; • Rear Y4iArd . 20 feet c) Side Yard •- 12. 5 feet: ., • • .8) Philtietum Height of Building 40 facet • • ) Minimum U . Standards .• • All uses :lilted in •the Shall complj with the Performance Standards under Section 2. 07. 0757 - • • . : . . . . • . . , . . • „ „ . 2. 06. 12 R/C — RURAL ..CENTER 1.) Purpose — The R/C Zone is intended to provide for existing small trading centers in the rural sections of the County where sparsity of .devel— opment is not conducive to the establishment of a more formal zoning pattern. 2) . Uses, By. Right — Any use by right allowed in the CL or RSM Zone and subject to all the conditions listed thereunder.. 3} Uses, Special - Any special use listed in the CL or RSM "Zone. 4) Minimum Lot Area a) Residential Uses — 8,000 square feet of net developable ground and as may be further restricted under the Supplementary Regulations. b.). All other uses - 7, 500 square feet of net developable ground and as may be further restricted under the Supplementary : Regulations. . 5) Maximum Lot Coverage • a) Buildings 35 percent of net developable land b) All impervious materials 55 percent of net developable land c) And as further restricted by the, Supplemen— tary Regulations 6) Maximum Floor Area Ratio 0.30: 1. 0 of net developable land and as further restricted under the Supplementary Regulations. 7) Minimum Setback a) Front Yard (1). Arterial Street 50 feet from front property line . . (2) Collector Street -. 50..feet "from front property line (3) Local Street — 25 feet from front property line b) 1�I1r: Yard 2 fir. ; ..;L" .,'Si-di #r!.d .• ..: 5 i�e.t `9) . , ,, ..M itlew1t Hein of 8.afidin `. - '3S tt f.. 411,1:-,,,.':,...,?!'i,,-.-..i. ,,,,:,--,?:.- ayk _ - Y' Y h ' { ." S • ''":•'1';.::",''11'.•.''''..E1:. ":"'',,1:.-_1: :::'..„.',;;:'.'„". -.E'...'" :....'.:;:;::•.„'";.:.'„.:;..".":1-;:":„'-"..."':i..,,,, ;.'.-„1:":".'':';'"':,'''''''•.'...,:-.;,i:..,.,:f:;:-.,:i"0, f�. .y yi f -' o- q'�t x .> x�. n -§yid , ..__4 s t 'tt- 2. 06. i3 PUD — PLANNED .UNIT DEVELOPMENT DISTRICT, 1) Purpose — To permit the application of new technology and greater freedom of design in land development than may be possible under strict interpretation of the provisions of these Regulations. The 'density of uses and magnitude of development, however. must be of such design and scale to be appropriate and consistent with the character of Eagle County. The use of the I'UD provisions is dependent upon the submission of an acceptable plan, a proven favorable environmental impact study ( if required ). and satisfactory assurances the plan will be carried out. Such Planned Unit Development plan must be in accrord with the County Master Plan as may be currently adopted for the County. The Planned Development is a separate Zone dis— trict and, only after specifically and properly applied for, may be approved by the County Com - missioners in accordance with the provisions of these Regulations. The PUD proposal shall be considered as a sub— division in accordance with current Eagle County Subdivision Regulations: The PUD Zone amendment application shall be submitted with the prelim- . inary subdivision plan. Included in this sub.::ttal shall be a PUD guide setting forth the proposed land use restrictions. 2) Standards and Requirements The following standards and requirements shall govern the application of a Planned Unit Development: a) The PUD shall be consistent with the intent of the Master Plan and the policies therein. b ) The design and construction of the PUD shall include adequate. safe. and convenient arrangements for pedestrian and. . vehicular circulation. off—street parking and loading space. c) While. there may be no fixed setbacks and lot widths, the County Commissioners may require such setbacks. lot widths. and space between buildings as necessary to 6o provide adequate access and fire • protection, to insure proper ventilation, • light, air, and snowmelt between buildings and to insure that the PUD is compatible with other development in the area. As a general guide. 20 Feet between buildings is considered minimum. • d) Open space for the PUD shall be planned to, produce maximum usefulness to the residents • of the development for purposes of recreation, scenery, and. to y produce a feel frog of openness. All areas designated as common or public open space pursuant to the requirements of this section shall be • accessible by proper physical and legal _ access ways. e) The developer shall provide within - the PUD - central water and sewer facilities as may be required by the County Commissioners. the Colorado Department of Public Health, and the local health authorities. f) The development shall be designed to .pro- vide for necessary commercial, recreational • :and educational facilities conveniently to sated to residential housing. , g) Clustered housing.;and other buildings shall be encouraged to promote maximum open space and economy of development and variety in: type, design and layout of buildings. h) Maximum height of structures shall be established by the approved PUD plan. : 3) Criteria for Evaluation of the PUD . .. The following criteria .shall. be utilized by the. . Planning Commission and the County :Commissioners> * in evaluating any plan for .Planned Unit Development: a) Open Space It is. recommended . that a minimum' of 25 'per Cent of the total PUD area shall be devoted 'to open air recreation or other usable open space, public or quasi—public. e 61,. aNWOWISMINSINNIMNIONNNI Unusable open space shall not be included in the 25 percent. b) Residential Density Density shall be limited as required by the County Commissioners upon consideration of the Master Plan and individual characteris— tics of the subject land. c) Density of Other Uses The density of uses other than residential shall be limited as required by the County Commissioners upon consideration of the Master Plan and individual characteristics of the subject land. d) Architecture Each structure in the Planned Unit Develop— ment shall be designed in such a manner as to be compatible with other units in the area, yet to avoid uniformity and lack of variety in structural designs among the 411 e) Mixed Uses The PUD shall be designed, insofar as practicable when considering the overall size of the PUD, to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. . _ f) Mimimum Area A :PUD is not permitted on a parcel of land less then 5 acres in area. The minimum area requirement may be waived upon adequate justification shown. by the applicant. g) Maintenance of Open Space No PUD shall be approved unlss the County Commissioners are satisfied that the landowner(s) have provided for or . established an adequate organization for the ownership and maintenance of common open and private roads, drives and space 62 parking 'which, in the opinion of the County Commissioners, is best calculated .to insure maintenance of such area. h) Employee Housing For any PUD project. : the applicant is responsible to analyze his employee housing. needs and show how he is satisfying these needs. 4) Sketch Plan Application An applicant shall submit 22 copies, or more at may be required, of the completed application form to the Department of Community Development. The sketch plan shall include, in addition to the subdivision requirements, the following information in conceptual or schematic design or report .:form: a) Reasons PUD procedure is more desirable than conventional plan; b) :: Proposed land uses,.. building locations and'. housing unit densities; • c) Proposed circulation pattern indicating the status of street ownership; d) ,`_ Proposed open space; e) Proposed grading and drainage pattern: . f) Proposed method of water supply and sewage:, 9p ) Proposed PUD Guide sett ins forth the pro— posed ;_ .. land use restrictions; h) Any or:all of, the following requirements, when necessary. based on the complexity of the proposal: (1) supporting data to justify any pro— posed commercial and industrial elements in an area not so zoned; (2) proposed schedule of development phasing, (3) draft environmental impact .statement unless waived by the Board of County b3 Commissioners at the request of the :.. applicant; (4) statement as to .:the impact of the proposed PUD upon the County school system (5) statement of estimated demands for County services; (6) statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; (7) . . .preliminary site plans. and prelimin— ary architectural plans proposed for the first phase of proposed ' development; (8) proposed method of fire..protection; 9) conceptual plans of all architectural forms anticipated for development within the Planned Unit Development; (10) employee housing plan. 5) Sketch Plan Review a) In addition to th. standard items consid— ered in Subdivision Review. the Planning Commission and County Commissioners shall also consider the following in their review of the sketch plan: (1) : There. are special physical conditions or objectives of development which the proposal will satisfy to warrant a departure from the standard regula— tion requirements; (S) Resulting development will not be inconsistent with the Master Plat objectives; (3) The area around the development can. be planned to be in substantial harmony with the proposed PUD; 11111 b4 ..tee (4) The adjacent and nearby communities will not be detrimentally affected by the proposed PUD; (5) The PUD can be complied within a ,,... reasonable period of tim e. which shall be determined prior to final approval of the P (6) Any proposed commercial or industrial development can be justified; (7) The streets are adequate to support the anticipated traffic and the de- velopment will not overload the streets outside the planned area; (B) Proposed utility and drainage facil- ities are adequate. for population densities and type of development proposed; (le) The employee housing plan as provided is acceptable. Sb) For submittal dates. review procedures. and fees for the Planned Unit Development sketch plan. see; Section. 2. 25. . . fa): . Preliminary Plan Application An applicant shall submit 22copies, or more as may be required, of the completed applicAti-on form to the Department of Community Development. The Preliminary Plan shall include. in addition:. to the subdivision. requirements. the :following information: a) A Final Environmental Impact Statement (if required); b) The overall development plan; c) An Application for Zone Change;nnei d) A PUD Control .:Document: : e) Any other information required with Sketch Plan Approval 65 7) Preliminary Plan ReviewAft a) In addition to the standard items consid gIV - ered in subdivision review, the Planning Commission and County Commissioners shall consider the following in their review of the Preliminary Plan: (1) Adequacy of Final Environmental Impact Statement (if required ); (2) Any information requested or required by the County Commissioners upon approving the Sketch Plan: . (3) Application for appropriate zone change. (4) The PUD control document. This docu- ment formally: establishes the permitted Land Uses and must be filed with the Clerk and Recorder. b) For Submittal Dates, Review Procedures. and Fees for the Planned Unit Development Pre- liminary Plan, see Section 2. 25. .. • 8) Additional .:Requirements a) Permits for construction in a PUD shall be issued only on the basis of the approved preliminary plan. b) If no construction permits have been issued within three gears of the date of final ap- proval of the PUD and if work has not proceeded in accordance with said permits, the preliminary plan shall be automatically terminated. Approval may be extended upon written request. when reviewed by the Planning Commission and granted by the Board of County Commissioners after a Pub- lic Nearing. 9) Amendments to POD The POD plan as finally approved by the Board of County Commissioners shall be binding and shall not be changed during the construction of the PUD except upon application to the appropriate agencies under the following procedures: bb. a) Minor changes in locations. sitings. bulk of structures, height or character of building may be authorized by the Zoning, Administrator if required by circumstances foreseen at the time the preliminary •plan °spas approv,sd. b) A11 other changes 'in 'use.;;::any rearrangement in lots all changes in the provisions. of . open space or density, may' be made only by the Board of County Commissioners, fol low - iny the procedures for the PUD Amendment described in Section 2. 25. • •• • • 67 2. 07 SUPPLEMENTARY REGULATIONS In addition to regulations contained elsewhere in these Regulations, the use of land and buildings shall be governed by the following: 2. 07. 01 SUPPLEMENTARY USE REGULATIONS AND STANDARDS 1) Buildings A conventional, modular, prefabricated or fac— tory built building may be located in any Zone District where buildings are permitted. 2) Frontage Each lot in separate ownership, unless otherwise provided for under Planned Development, shall have at least 25 lineal feet of frontage on a street right—of—way, either dedicated to the • public or tc a private association or on a pri— vate road described by metes and bounds and reserved in perpetuity, through private agreement, to provide access to the lot. Each building devoted wholly or in part to residen— . tial use shall front on a street or road as des— cribed above, except when two or more such buildings are located on one lot and the required frontage for each building cannot be provided due to the shape of the lot. These buildings lacking street or road frontage shall • front an a dedicated driveway easement at least 25 feet in width and maintained in an unobstructed condition. 3) Greenbelt and Open Space Land designed as greenbelt or open space through dedication or reservation, for any reason. shall be indicated as such on apprbpriate Zone Dis— trict Map. Such land and facilities shall be built 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 a Zone District: or Planned Development amendment including designation of a park or other open recreation • use. Such land may be leased for operation. 411 68 transferred to a different ownership or other- wise changed in ownership, but it shall not be further subdivided for residential, commercial, industrial or any other urban or suburban pur— poses unless approved by the County Commission— ers following procedures for amendment to these Regulations. 4) Landscaping All portions of lots in residential zones containing multifamily dwellings and all portions of lots in the CL.• CG. I and PD Zone Districts not covered by impervious materials shall be landscaped to prevent land erosion, improper drainage, damage to properties and unsightliness by installing and/or maintaining: a) Planted areas and plant materials, includ— ing trees, shrubs, lawns, flower beds, and ground covers b) Decorative elements such as walks, decks. terraces, water features and the like not occupying more than 20 percent of a landscaped area; • c) Natural or significant rock outcroppings, : trees, or native vegetation. (1) Where landscaping is required, a plan for such landscaping, prepared by a qualified landscape architect or similarly qualified person, must be a part of any application or plan sub— mitted to Eagle County for approval. (2) No building: construction it grading permit shall be issued without a plan for landscaping approved by the Coun— ty. Commissioners or their authorized designee. (3) No Certificate of Occupancy shall be issued where landscaping requirements are .not complied with unless a suitable plan and agreement is made with the County Building Official. 69 -: 5) Dual Use of Lots No lot area, yard, open space, off-street park- • ing or loading area which is required by these Regulations for one use shall be a required lot area, yard, open space, off-street parking or loading area for another use. 6) Authorization of Similar Uses The County Commissioners may permit in a partittlar Zone a Use by Right or a Special Use, as the case may be, not listed in these Regulations, provided that use is of the same general type as the uses permitted by these Regulations. 7) Utility Transmission 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, mainten- ance facilities, substation or exchanges, an.f business offices shall be restricted by Special . Use and to their appropriate Zone District. Lo- cation of power transmission lines with a capa- city of 69 KV or greater and pipelines for major transmission shall be subject to Special Use procedures. 8) Cluster Subdivision Land may be divided into clusters of lots as provided in the Zone District Regulations and when in compliance with the County Subdivision Regulations. A subdivision plan must be submit- ted and approved whereon the included amount of greenbelt or open space reserved o:• dedicated to the public is sufficient to maintain the gross project density allowed in the respective Zone District. (Density calculations shall exclude road rights-of-way and private road easements. ) 2. 07.02 SLOPE DEVELOPMENT REQUIREMENTS Land sloping in excess of 30 percent shall not be considered suitable for building development except by submission of adequate goof of the suitability, 7Q . safety and stability of the site (technical studies, Ammml reports, tests and other evidence) and plans sufficient to indicate any proposed structure conforms to soecial site conditions. 1) . The effect of slope characteristics on density: The allowable density for all develipments . within the RSL, RSM, and RMF shall be decreased by slope characteristics. The determination of. lot : slope for existing and proposed lots of .2-acres or less in the. RSL, RSM and RSF zones used to establish the permitted density shall be made on an individual lot basis using the standard method (See definition 2. 05. 66). For parcels of land greater than 2 acres, the determination of lot slope shall be made using the composite method (See definition 2. 05. 66). . 2). Procedure 1 Conventional Subdivision: A standard rule of 500 sq. ft. of lot area per percentage point of lot slope shall be used to determine the permitted density of development within the RSL, RSM, and RMF zones. For example, the minimum lot area per dwelling unit allowed on land sloping 35 percent is 1 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 and lot; size whenever the slope is greater than 16 percent. TABLE A . Threshold Slopes Zone: Slope . RSL 30% RSM . . : . , 16% 16% 71 • • 3) Procedure 2: Cluster Subdivisions in Urban and 4 Suburban Zones In cluster projects . in the RSL. RSM, and RMF zones, the allowable number of dwelling units shall be calculated from a slope analysis. This analysis shall use 5 percent slope ranges and the permitted density shall be based on the 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: TABLE B 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. *d. u. at dwelling unit 4) 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. .. 5) Special Design Cluster Projects: For special design cluster 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 a1Iowed on the parcel after the slope restrictions are applied. 72 2. 0/. 03.. LOT AREA RESTRICTION BASED ON SEWAGE TREATMENT • FACILITIES In addition to the lot area requirement . established elsewhere in these Regulations. the following minimum standards shall apply in all Zone District: 1) Where a septic tank or other individual sewage treatment facility is the only means of sewage disposal, the minimum lot area shall be two (2) acres. 2) Such 2—acre lot area may be increased, the num— ber of uses permitted by right under the appropriate Zone District may be decreased, and the maximum floor area ratio may be reduced by the County Commissioners, if, as a result of percolation tests or other evaluations by the County Envirionmentel Health Officer, the use of septic tanks or other individual sewage treat— ment facilities for uses land at densities as provided under the appropriate Zone District Regulations would result in a danger to health or water quality on the subject or on adjacent lots. 3) Where connection to a "central or community sew— age collection and treatment system approved by the County Environmental Health Officer and the Colorado State Department of Health is proposed but not available until installation or . expansion of such facilities is completed, no uses shall occupy the lot, including structures intended for occupancy, until such sewage collection nd treatment services are available. • 2. 07. 04 . . MINIMUM USE OF ANY LOT No residential lot shall be so restricted by lot area, floor area ratio or setback:'requirements to a point where it cannot be occupied. by one single family dwelling containing up to 1500 square feet of. floor area. 2. 07. 05 SUPPLEMENTARY SETBACK REGULATIONS 1) Arterial and Collector Streets Front yard setbacks shall be observed for , arterial and collector streets as designated on the Eagle County Zone District Map. • 73 2) Live Stream a) A strip of land at least 50 feet in width 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 end erosion protection devices may be con— structed thereon. If necessary to protect . the stream, additional width may be required. b) 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. 3) Yards The following requirements shall be observed in all Zone Districts: a) Through Lots —.:on lets extending from one • street to another parallelling street. both streets shall be considered as front streets for purposes of calculating front yard setbacks. b) . Corner Lots — on lots bordered on two contiguous sides by streets, the required front yard setback shall be observed along both sides. c) Two Family Dwellings — ,for purposes of setback calculations, a ;two family dwelling shall be construed as one building occupying one lot. d) Town House — for .purposes of setback calculations, townhouses which .share a common wall with an adjacent town house need observe only the applicable required side yard setback for the District, provid— ing building code requirements for this type of structure are observed. 111 74 • e) Projections — every part of a required yard .. • shall be unobstructed from ground level to the sky except for projections of architectural features as follows: (1) Patios, walks, steps — no restrictions; (2) Fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard or 4 feet into any required front or rear yard. f) , Accessory Structure in Required Yard: - a _ fence, hedge, or wall may be located in any required yard provided no such installation shall exceed 8 feet in height in a required side or rear yard, nor exceed 3 feet in height in any required front yard. 2. 07. 06 SUPPLEMENTARY BUILDING HEIGHT REGULATIONS Building Height, Exceptions 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. 2. 07.07 INDUSTRIAL AND COMMERCIAL PERFORMANCE STANDARDS .. 1) All industrial and commercial businesses establishing in Eagle County shall comply with the following standards: . a) Volume of the Sound Generated Every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed 60 decibels with a maximum increase of 5 decibels permitted by a maximum of 15 minutes in any one hour , at any point of any boundary line of the property on which the use is located. 75 . b) Vibration Generated Every use shall be so operated that the ground vibration inherentl_. and recurrently is not perceptible, without instruments, at any paint of any boundary line of the prop— erty on which the use is located. c) Smoke Emission Every use shall be so operated that it does not emit smoke exceeding a density of No. I on the Ringleman Chart. d)' Emission of Particulate Matter Every use shall be so operated that it does not emit particulate matter exceeding 0. 2 grains per cubic foot of the flue gas at a stack temperature of 500 degrees F. e-) Emission 'tf Heat, Glare. Radiation and Fumes Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, or fumes beyond any boundary line of the property on which the use is located. f) Storage Area, Salvage Yard, Sanitary Landfill, and Wastewater Disposal Areas (1) No highly flammable or explosive liquids, solids, or gases shall be stored in. bulk above ground. Tanks or drums of fuel directly connecting with heat devices or appliances lo— cated on the same property as the tanks or drums of fuel are excluded from this provision; (2) All outdoor storage facilities for fuel, raw materials, and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (3) No materials or wastes shall be deposited upon a property in such form or manner that they may be 411 7b I transferred off the property. by . • natural causes or forces/ (4) All materials or wastes which might cause fumes or dust or which consti- tute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. g) Water Pollution No water pollutant shall be emitted by the manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the County Health Officer land in compliance with the laws of the Environmental. Protection Agency before. op-- . eration of the facility may begin. 2) . All fabrication, service and repair operations shall be conducted within a building 3) " All storage of materials shall be within a building or obscured a fence. • 4) Loading and unloading of vehicles is conducted on private property and not on any street or alley. 5) No dust, noise, odor, glare, vibration shall be projected beyond the lot... b) All outside storage abutting or facing a lot in a residential or commercial.. zone shall be enclosed by a sight-obscuring fence. The fence shall obstruct the storage from view on the sides of the property abutting or , facing a lot in a residential or commercial zone. The 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. 7) .A landscape plan drawn by a qualified landscape . designer shall accompany the submittal to the County. This plan shall effectively buffer the proposed use from surrounding residential uses and integrate greenspace with the internal use. i 77 of the property. The plan shall encompass the entire parcel and specify number, size, species, and location of plant materials. A landscaped separation is required along collector and arterial streets. 8) All percolation tests or groundwater resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 2. 07. 0E PARKING AND LOADING REQUIREMENTS 1) General Provisions — Off—Street Parking and Loading The following provisions shall apply to off—street parking and loading facilities: a) The provision and maintenance oa off—street parking and loading space is a continuing obligation of the property owner. No building permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off—street parking and loading space. The subsequent use of property for which 111 the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount . of parking and loading space required by these Regulations. 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 o'� these Regulations to begin or maintain such altered use until such time as t•he increased off—street park— ing and loading requirements are complied with. b) Requirements for types of buildings and uses not bpecifically listed herein shall be determined by the County Commissioners after a report and recommendation from the Planning Commission. based upon the re— quirements of comparable uses listed. c) In the event several uses occupy a single structure or parcel of land. the total 411 78 requ ,.4•"" nts for off—street parking shall: be the sum of the requirements of the se— veral uses computed. separately. . d). Owners of two or more uses. :structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap: provided that satisfactory evidence is presented to the Zoning Administrator that the request will not result . in a shortage of parking at any time. The joint use of parking is restricted to a maximum of 20 percent. e) Off—street parking spaces for dwelling units shall be located on the same lot with the dwelling: All other required parking spaces located further than 200 feet from the building or use they are required to serve. measured in a straight line from the building, must first be approved by the Planning Commission as a Special Use. f) Off—street parking spaces for residential. uses shall not be located in a required • sid yard on the street side of a corner lot.e g) Required parking spaces shall be available only for the parking of operable passenger automobiles of residents. guests. customers, patrons, and employees, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use. h ) . . A plan drawn to scale. indicating how the off—street parking and loading requirements.. are to be fulfilled, shall accompany an application for a building permit. i ) Adequate space on the property shall be provided for storage of snow removed from pedestrian ways. vehicular ways. parking or., loading spaces. 2) Design Requirements for. Parking. Lots` 'and Loading Areas a) Areas used for standing and maneuvering of vehicles shall have durable surfaces ?9 maintained adequately frlr all weather use and so drained as to avoid flow of water110 across sidewalks. b) Except for parking to serve residential uses, parking and loading areas adjacent to residential zones shall be designed to minimize disturbance of residents. c) Artificial lighting which may be provided shall be deflected so as not to shine or create glare in any residential zone or on any adjacent dwelling. d) Access aisles shall be of sufficient width for all vehicles turning and maneuvering. e) Groups of more than four parking spacer shall No so located and served by a drive— way that their use will require no backing movements or other maneuvering within a street right—of—way other than an alley. f) Service drives to off—street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress 4,1 and the maximum safety of pedestrian and vehicular traffic on the site. • g) . Service drives shall have a minimum vision clearance area formed by the intersection c7f the driveway centerline, the street right—of—way line, and a straight line joining said lines through paints 20 feet from their intersection. h) A parking space located behind a garage or behind another space may be counted towards the total parking requirement provided that the use of that space is respectively restricted to the use of the owner and does not impede other vehicular movement on the site. This provision can be used for one space only. 3) Minimum Off—Street Loading Requirements Buildings or structures to be built or substantially altered, which receive and distribute materials and merchandise by .truck, 411 . �0 . .. shall provide and maintain off-street loading berths in sufficient number and size to 'adequately handle the needs of the particular use. a) The following standards shall be used in establishing the minimum number of berths required: Gross Floor Area of the Building in Square Feet Number of Berths up to 10, 000 1 greater than "10, 00o 2 b ) A loading berth shall contain a space 10 feet wide and 35 feet long and have a .• vertical clearance of 14".feet. Where the vehicles generally used for loading and 'unloading exceed these dimensions, the required length of these berths shall be increased. 4) Minimum Off—Street Parking Parking spaces 'shall be provided "for each use in • the following amounts: a) Parking space minimum area : (1 ) inside, covered or partially inside,. or covered, and (2) outside or uncovered width 9 fiat 10 feet length. 18 feet 20 feet • driveway widths for angle or: parallel pkg :14 'feet 12 .feit perpendicular parking 24 feet 22 feet unobstructed hack—up,. . space 22 feet 22 feet • b;") Residential parking requirements of 2 Spaces per unit for studios" and one bedrooms 2. 5 spaces per unit for multi—family, and spaces per unit' for •. single family and duplex. c"), " Lodgings including hotel, "motel, " lodge, boarding house and similar facilitiet — 1 space per room. I d) Retail and Service Commercial - 1 space per 300 square feet of floor area (except stor- age area). e) Restaurant and Tavern 1 space per each .4 seats. f) Auditorium and Public Assembly - 1 'space per 100 square feet of floor area used for seating or assembly. g) Public and Health Facilities (except auditorium and public assembly) - 1 space per 300 square feet of floor area (except storage area). h) Ski Facility - 1 space per 4 persons of hourly base lift capacity. i) Industrial: (1) Manufacturing Establishment: 1 space per 1000 square feet of floor area; (2) Wholesale Establishment, warehouse, rail or truck freight terminals: 1 space per 2000 square feet of floor area. j) . Where a lot is occupied by a combination of the above listed uses, the minimum off-street parking requirement shall equal the sum of the requirement for all included uses on the lot. k) Access to the street shall be restricted to driveways designed to preserve off-street parking and minimize hazards. 5) Establishment of Clear Vision Areas A clear vision area be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb, or where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this • S2` area provided all branches and foliage are:. re- moved to a height of eight feet above the grade. a) Measurement of Clear Vision Areas A clear visiin area shall consist If .a triangular arz.a. two sides of which are lot lines measured from, the corner intersection of the street lot lines for a distance specified in this regulations or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection end so measured, and the third side of which is a line across the corner of the lot joining the non—intersection ends of the other two sides. The following measurements shall . establish clear vision areas: : (1) . In a residential zone the minimum. distance shall be 30 ..feet, or at intersections including an alley, 10 feet; (2) In all other zones, where front and side yards adjacent to streets are required, the minimum distance shall .. . be 15.: feet, or at intersections in- cluding an alley, 10 feet, except when the angle of intersection be— tween streets, other than an alley, is less than 30 degrees the distance shall be 25 feet. 2: 07. 09 SPECIAL PERMITS FOR TEMPORARY HOUSINS At times of severe housing shortage or other unusual: or emergency conditions, special permits for tempor— ary housing may be granted by the Board of County Commissioners. The housing shall be of a temporary nature and shall be removed at the expiration of the permit. 1) Special Permit for Temporary Housing on Single Lot Construction Sites: An owner of a lot may live: an. his Iot and build Provided that the original new house, unit is removed at the completion of the new unit, and when in compliance with the following: 83 a) Applicant shall submit an adequate site plan, proposed water supply, proposed method of sewage treatment and the names and addresses of adjacent property owners. The applicant is responsible for providing these. (II For self—contained camper units, ap— plicant must show a valid commitment for hauling water and sewage. (2) For units which are not self--contained, a central water and sewage treatment system must be provided, with specifications ap— proved by the County Environmental Health Office. (3) For mobile homes or other temporary housing, applicant must have water and sewage treatment systems which are approved by the Environmental Health `Office. (4) In no case shall unsafe water be used for drinking nor shall raw sewage be discharged on the ground surface. 110 b) If the single lot is in an approved subdivision, the Covenants of that sub— division must allow such temporary housing. The applicant is responsible for demonstrating approval by a property owner 's association. c) The maximum allowable time length of permit is 6 months. d) Not more than one temporary housing unit shall be located on a :house construction site and inhabitants on that site shall be owners of the lot or construction employees. e) Temporary housing sites shall be maintained in a clean, sanitary and safe condition, free from hazardous or noxious materials, weeds and refuse. the building owner is responsible for ensuring compliance. 8 4 (1) Fire Protection: General • Requirements. Provisions shall be made forgiving alarm in case of fire. No open fires shall be left unattended at any time. One or more approved extinguishers of a type suitable for flammable liquid electrical fires (Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher. • A water storage tank may be required . if County Environmental Health Office and local fire protection officials deem it necessary. 30 gal;lon . (4 cubic feet) container shall oe provided, or the equivalent, in a central trash collection facility. Said container(s) must be. . durable, washable, non—absorbent metal or plastic with tight—fitting lids. Refuse shall be disposed of not less than once weekly. f), , . .Certificates of Occupancy for construction project shall be withheld until temporary housing is removed and site is restored to satisfaction of Eagle County Building. Health and Planning Officials. g) 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 con- struction project until temporary housing site is brought into compliance with the regulations. 2) Special Permit for Temporary Housing on Major . Construction Sites: Permits for temporary housing on major construc— tion sites maybegranted when in compliance m li p with the following: a) Applicant shall submit an adequate site plan, proposed water supply and proposed • 85 method of sewage treatment. The applicant is responsible for providing these. S (1) For self-contained camper units, ap- plicant must show a valid commitment for hauling of water and sewage. (2) For units which are not self-contained, a central water and sewage treatment system must be provided, with specifications ap- proved by the County Environmental Health Office. (3) In no case shall unsafe water be used for drinking nor shall raw sewage be discharged on the ground surface. b) The permit shall be for 6 months. It shall be renewable at the discretion of the Board of County Commissioners. c) Temporary housing shall be located on the construction site, or adjacent property and inhabitants on that site shall be construc- tion employees working on the project. d) Each temporary housing site shall apply for , and receive a temporary camper park license from the County before any housing is moved in. Renewals of the permit shall require renewals of the temporary license. e) This permit is considered for camper vehicle or camper trailer only. f) Temporary housing sites shall be maintained in a clean. sanitary and safe condition, free from hazardous or noxious materials, weeds and refuse. The builder/developer is responsible for ensuring compliance. g) Fire Protection; General Requirements: (1) Provisions shall be :made for giving alarm in case of fire. It shall be the responsibility of the duly aut- horized attendent or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No • open fires shall be left unattended at any time. . (2) One or more approved extinyuishers of a type suitable for flammable l.iguad or electrical fires (Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be ne— cessary to travel more than a hundred (100) feet to reach the nearest extinguisher. (3) A water storage tank maij be required if County Environmental Health Office and local fire protection officials deem' it necessary. h) . Refuse. containers. must be provided for trash. At lease one 30 gallon (4 cubic feet) container shall be provided for each unit, or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non—absorbent metal or p:lactic with tight—fitting lids. 410 Refuse shall be disposed of not less than once weep' ;. i) A bond or letter of credit is required. The amount is to be determined by the Bowed of County Commissioners on an individual basis. . j) The performance bond or letter of credit . will be the mechanism through which the ap— . plicant will ensure that the housing is, maintained according to all conditions set', forth in granting the permit. It. will also. serve as a guarantee that at the expiration of the permit, housing will be removed and. the site restored to the satisfaction of Eagle County Building, Health and Planning Officials. k) If there is suitable housing .space .avail— able within a 20 mile radius of the con— struction project. the temporary housing permit shall not be granted. • 87 3) Application and Review The following application and review section is for both types of "Special Permits for Temporary Housing". a) Applicant must submit two copies of the application and all related information to the Department of Community Development. b) The applicant must submit a list of adjac— ent property owners and a set of covenants connected with the subject property. If covenants exist which prohibit this use of the land, a temporary housing permit will not be issued. . c) In evaluating the request for a Temporary Housing Permit, the Board of County Commis— sioners may require compliance with addit— ional provisions as they might be needed to ensure the health, safety and welfare of the public. d) For Submittal Dates, Review Procedures, and Fees, see Section 2. 25. . . i 2. 07. 10 USES NOT ITEMIZED 1) Upon application or on its own initiative, the Board of County Commissioners may. by Resolution, add to the uses listed for a zoning district any other similar use which conforms to the conditions set forth in the following spe— • cial findings: a) Such use is appropriate to the physiograph— ic and general environmental character of the district to which it is added. bs . Such use does not. create .an mare hazard to, or alteration of, the natural environ— ment than the minimum amount normally resulting from other uses permitted in the district to which it is added. c) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor. glare, or other objectionable influences or • SB more traffic hazards than the minimum a-- mount normally resulting from the other uses permitted in the district to: which . it is added. d) Such use is compatible to the uses existing and permitted`. in the district to which it. is added. 2) When any use has been added as aUse by Right, or Special Use in any District in accordance with this Section, such use shall be deemed to be listed in the appropriate section of those District Regulations. and shall be added thereto in the published text of these..Regulations at 'thefirst convenient opportunity, with a notation indicating that the addition was made . in accordance with this Section. • 2. 08 MOBILE HOME AND CAMPER PARK REGULATION 2. 08. 01 •EXISTING PARK • 1) Subsequent to the effective date of these Regulations, all existing mobile home and camper parks shall be inspected by the County Zoning Administrator who shall utilize the services of the County Environmental Health Off :er, the County Building Official, and any other offi— cials to determine if any- hazard to health, safety or welfare exists. All existing mobile home parks shall be licensed to show compliance with all current and applicable County and State regulations. and all provisions of these Regulations. Existence of any hazardous condition or non—compliance shall be reported to • the park owner and a reasonable time period shall be established for correction of said condition. Failure on the part of the park owner to correct said hazarc'aus condition or non—compliance within the established time period shall be deemed a violation of these Reg— ulations and other applicable County and State Regulations, and may be cause for the denial of a mobile home park license or renewal of said license. • 2) Variances by Board of County Commissioners: The Board of County Commissioners may grant a variance to any mobile home park or camper park which wd:t in existence on the effective date of these Regulations to allow a license to be is— sued with less than full compliance with the re— quirements of Section 2. 08. 02 of these Regula— tions if the Board finds that immediate compli— ance would create an extreme hardship upon the park owner, not of his own making. that the owner has presented a reasonable plan to bring the park into compliance with these Regulations and that in the opinion of the Zoning Administrator, County Building Official and Environmental Health Officer. no health hazards exist. In granting such variances. the Board shall set a date certain for compliance with these Regulations which shall be the earliest reasonable date. The Board or its agents shall review the progress of the park under the approved plan for compliance at least once in each year through the licensing procedure. 111 90 2. 08.02 MOBILE HOME/CAMPER PARK OPERATING LICENSE 1) Each Mobile Home/Camper Park operating in the unincorporated portions of this County, shall be required to apply for and obtain an operating license from the Department of Community Development. Said license shall be issued an an annual basis, with a 30 day grace period, fines will be assessed for failure : to renew the opera- ting license. Fines are to be determined by the Board of County Commissioners but not to exceed $100. 00 per day. 2) It shall be the duty of each Park Licensee to: a) Maintain the mobile home park in the condition provided in these Regulr'.ions or in conformance with a scheduts of compli- ance adopted by the Board. b) Maintain an office in which shall be locat- ed the office of the person in charge of said park. A .copy of all required licenses and permits and of this Regulation shall be conspicously pasted there and the park register shall at all times be kept in said . office. . • c) , Operate the mobile home park in compliance with this Section 2. 08 as well as all other relevant federal, state or local statutes, ordinances or regulations. including the Eagle County Building Resolution. d) . . Provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition at all times. e) Maintain a register cants*ping the record . of all mobile home owners and occupants lo- cated within the park. The register shall be submitted to the Building Inspector with each annual license application and shall contain the following information: (1) The name and address of the owner of each mobile home. (2) The make, and year of each mobil.* home-. (3) The date of arrival and of departure of each mobile home. The park shall keep the register available for in- spection at all times bg law enforce- ment officers, public health 91. officers, the Building Inspector and other officials whose duties necessitate acquisition of t'.e infor— mation contained in the register. 3) Inspection a) The Building Inspector, the Environmental Health Officer, the Zoning Administrator or their agents are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compli— ance with this Section 2. 08. 02 and shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Section. b) It shall be the duty of the ow,-:tors or occupants of mobile home park or of the person in charge thereof, to: : x.-ie the Building Inspector and the Environmental Health Officer or their agents free access to such premises at reasonable times for the purpose of such inspections. c) It shall be the duty of every occupant of a mobile home park or of the person in charge thereof, to give the owner thereof, or his agents or employees, access to any part of such for repairs or alterations as may be necessary to effect compliance with this Section 2. 08 or with any lawful order is— sued pursuant to the provisions of these Regulations. 4) Suspension, Revocation, Receivership Upon the discovery of a violation by an owner or operator of any duty, obligation. requirement or responsibility imposed on such owner or operator in this Section, the Building Inspector, the Environmental Health Officer and the Zoning Administrator shall give the operator thereof written notice of the violation. S") The fee for annual renewals of the operating license shall be assessed in the amount as shown in E+tf:tion 2. 25 of these Regulations. The initial issue of the Mobile Home/Camper Park S 92 . operating license ..for a mobile home/camper park • shall be free of charge and said charge covered by the necessary special use permit required of all mobile home/camper parks. 2. 08.03 HOOK—UP PERMITS i) It shall be unlawful for any person to occupy a mobile home within a mobile home park in Eagle County without obtaining a hook—up permit in the following instances. a) When a mobile home is moved into a mobile home park. b) When a mobile home is moved from one stand to another within a mobile home park. 2) : ` Application for permit. All owners of individual mobile home units lo— cated within mobile home parks in Eagle County who are required to obtain periits according to this Section shall apply to the Building Depart— ment for a hook--up permit. Such application shall .be made in writing► shall be submitted in duplicate and shall be accompanied by the fol— lowing information: a) The name, address, mailing address and telephone number of the applicant. b) The name of the mobile home park in which the applicant 's unit is located. c) The location of the mobile home unit within the park. d) An inspection fee of $20. 00 (twenty 1 dollars) for each inspection, provided that all other fees deemed appropriate by the County Building Inspector according to the Eagle County Building Regulation apply. e) In the event that the applicant is not the owner of the mobile home unit (but acting on the owner's behalf) for which a permit is being sought, the application shall also include: (1) The name of the owner of said mobile home unit. 9� (2) Documentation of the authority andfor legal relationst•ip of the applicant 41) allowing him to occupy the mobile home unit. 3) Review of Application. Inspection. Permit a) The Building Department shall. after re- ceiving the application. forward a copy to the Environmental Health Department and the Planning Department. b) Representatives from the Building Depart- ment and the Environmental Health Depart- ment shall inspect the mobile home unit prior to ^rcupancy. c) The Building Inspector and the Environment- al Health Officer or their representatives are hereby authorized to inspect any unit which falls under the considerations of this Section and to review the construction or maintenance of the unit or improvements to the unit which are relevant to this Section. d=... The Building Inspector may issue a hook-up - permit for a mobile home after considering a the fe3lowing: (1) The Planning and Environmental Health Office 's report. (2) Adequate and safe water connection. (3) Adequate and safe sanitation connection. (4) Adequate and safe electrical connection. (5) Adequate and safe natural gas connection. (6) Blocking and tie down:: e) Permit Denial (1) The Building Inspector may deny any occupancy permit application if he determines that the unit does not meet the minimum standards of Section . 2. 09. 03(3) (d). of these Regulations and that it cannot be safely occupied. 94 11111111.11r11111111111111111111111111111111111111111•11111111111 -,,,',,,,, ',...-.??,,,- :'•- ,i'-''' . -' '• 7A,.. c','Pv '',c,..i:1'''n-::•. ''.;•Tcli 4,.?,,!,;„,,,•••'''':,,,,,, , ,:- -, • .".c. sAi'...:.i.,;:.,,.•0,0, 1;.r.F ,.44 •--, r !..,q *: 7 _'',;:,,.'-".:',: AiV,,, . ,„ W i 3.;h P r 5.0 r „.'::'•:1 %.: •`..;'1';:: i d ,7',:'•i t i.i..n ,..-J•F: ::- . _ 1-fh.',..f.,;.•:,,.' :-.2:*:.' 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',2,-,4..-k•-z.,.::., :-..,.-: -.• :.5.f.,--, . .. --6 ;pport , 'ff o r a r e r •.4..Vq.: .f.J01-. o f .; 30) d ; T V,„,,4 •L':-...:,'''''''',,' •_ .., . .„...., ...., , . . . , .,......„•,.... •'':'..'4,„':1.,.,-.:':':. . 0 . . . , .. .„. • • ::5,...., •.-..-5,5„,,,,,„...5,„ , . .. . . • ,,,.-..,7„,„.„,5„.,,,,,,..... . • 5,54..4,,„,,,,. 5.:.,•,- .,,,•,,.,;,.:.- - -,-.5„5-.0.,-55,5,„:„5,5,„..„,,,:.„.„.„,5„,„,,,,,,,,,,,,,,,,,..5.5,5,4„,„.,,,•„..,,,,,„,,,..„5-„,„..5„,„..4,„,,i.,,..:„.„,„..„.,:.,,:,.„,,•„...5,.,..„.„,„..5.,,,„,„,.„,..,..„,„..„.::.,:.... :-.„.-: -,-5 5,--,.,.•, (2) If the Building Inspector denies a • permit application, he shall specify what rt:qu.irements must be complied with prior to consideration of a subsequent permit application. The . applicant may resubmit the applica— tion upon satisfactory evidence that the Building. Inspector 's requirements have been complied with in full. 2. 0804 . OBLIGATIONS OF MOBILE. HOME UNIT OWNERS IN MOBILE HOME PARKS It shall be the duty of each owner and/or .occupant.of a mobile home unit to: 1) ,. Maintain the mobile home unit in a safe, clean and sanitary condition, free from hazardous or noxious materials, weeds_and refuse. The owner of the unit is responsible for compliance. 2) Own and/or _occupy.. the unit in compliance with this Section 2. 08 and to obtain all required permits for the alterations, improvements, or additions to any unit prior to commencing said alterations. improvements or additions. 3) No owner/occupant shall allow animals in his custody to run at large or commit any nuisance. within th• mobile home park. 4) No abandoned, burned. or inoperable automobile shall be allowed to remain on any mobile home park space. Inoperable means a condition of be— ing junked, wrecked, wholly or partially dismantled. discarded, abandoned or unable to perform the functions or purposes for which an automobile was originally constructed. Existence of any of the following conditions shall raise the presumption that a vehicle is inoperable: a) Absence of a current registration or license, or b) Placement of the vehicle or parts thereof upon jacks, blocks. chains or other supports. for a period in excess of •thirty (30) days. ._ 95 5) Refrain from .the conduct of a home business in his mobile home without an approved special use • `a . permit. 2. OS. 05 ' OEr1ERAL REQUIREMENTS FOR MOBILE Ha*: PARKS OR ADDITIONS THERETO 1 ) .. Site Plan a) Access: The park shall have access to a public street or highway. b ) Drainage: The park shall be located on a well—drained site, graded or drained, and free from stagnant pools of water. c) Landscaping: The site plan shall include a landscaping plan prepared by a landscape architect or licensed architect, which shows size, species and location of plant materials. Landscaping shall be completed within one year. d ) Area: The minimum size of mobile home parks shall be 5 acres. 4} Setbacks: • (1) Far each mobile home space: front space lire-20 feet . side space fine—IO feet hear space line-10 feet <2) For park boundaries: Front property line: . ' SO' from arterial 50' fr om 2 • from local or mountain road .. Side property fine: .20 feet Rear property line: 20 feet (3) There shall be at least 20 feet between any two .<2) mobile homes► modulars. or habitable appurtenances thereto, far fire protection. f3 Mobile Home Spaces Each mobile home space shall contain at least 3,800 square feet of area fer a . single wide unit exclusive of park driveways. The area of placement for the mobile home shall be graded for drainage and improved to present shifting or settling of the mo— bile home. Anchors or tie—downs.. shall be provided as necessary to prevent overturning of mobile homes. g) Parking Each mobile home space shall have off—street paved parking spaces for at least two automobiles. h) Driveways and Walkways All mobile home spaces shall abut upon a paved: driveway which provides unobstructed access to public street or highway; the mi— nimum .unobstructed width of such driveways. shall be twenty—five C25) feet. All driveways and walkways within the park sh all hahl be sufficiently illuminated to insures-:; safety for park residents. Walkways not less than three (3) .feet wide shall be pro— vided along drives as required for safety and convenience of inhabitants. i) All mobile home parks shall require .paving. j) 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 is responsible for ensuring compliance. 2) Water Supply and Distribution. a). A domestic water supply that is in compli ance with the drinking water standards of... the Colorado Department of Health shall be provided in each mobile home and camper park. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and its supply used exclusively. When such a • • 97 public water supply is not available, a central water supply system may be Aft developed and used if it meets standards of IMF the Colorado Department of Health. b) Every well or suction line of the water supply system shall be located and con- structed in such a manner that neither underground nor surface contamination will . reach the water supply from any source. c) The treatment of a private water supply shall be in accordance with applicable state and local laws and regulations. d) Source of Supply: The water supply shall be capable of supplying a minimum of 450 gallons per day per mobile home. e) Water Distribution System: (1) The water supply system of the park . shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water. (2) All water piping, fixtures and other • equipment shall be constructed and maintained in accordance with state and local regulations and require- ments and shall be of a type and in locations accepted by the County Environmental Health 00ficer. (3) The system shall be so designed and maintained as to provide a pressure of not less than twenty (24) nor more than eighty (80) pounds per square inch, under normal operating condi- tions at service buildings and other locations requiring potable water supply. (4) A minimum horizontal separation of ten (10) feet shall be maintained be- tween all domestic water lines and sewer lines. (5) .:Underground stop and waste valves shall not be installed on any water service. . 9@. i, f) Individual Water—Riser Pipes and. Connections (1) Water—riser pipes shall extend at least four inches above ground eleva— , tion unless recessed in a box or sleeve. The pipe shall be a least three—quarter inch. The water outlet shall be capped when a mobile home does occupy the lot. (2) 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 ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe. (3) A shutoff valve below the frost line shall be provided near the water—riser pipe on each mobile home lot. 3) Sewage Disposal An adequate sewage system shall be provided in each mobile home park and camper park for the purpose of conveying and disposing of all sewage. Such system shall be designed. con— structed and maintained in accordance with state and local laws. a) Sewer Lines: All sewer lines shall be lo— cated 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 waterlines. Sewers shall be at a grade which will insure a velocity of two (2) feet per second when flowing full. All sewer lines, shall be constructed of ma— terials accepted by state or local laws, and shall meet design criteria of the Colo— rado State Department of Health. b) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not connected to a public sewer. all proposed sewage dispusal facilities shall be ap— proved by the Environmental Health 411 99 Officer prior to construction. Effluents from sewage treatment facilities shall not410 be discharged into any waters of the State except with prior approval of the Colorado State Department of Health. c ) Individual Sewer Connections: Each mobile home stand shall be provided with at least a 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. (1) The sewer connection shall have a nominal inside diameter of at least 3 inches and the slope of any portion thereof shall be at least one—eighth (1/9) inch per foot. The sewer con— nection shall consist of one pipe . line only with no more than one stand served by one individual sewer connection. Underground branch fittings of four (4) inch lines shall not be permitted. All joints shall be watertight. (2) All materials used for sewer 411 connections shall be rigid or . semi—rigid, corrosive resistant, non-- absorbent and durable. The inner surface shall be smooth. (3) 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 at least four (4) inches above ground elevation unless such riser pipe is protected within a recessed box or sleeve. 4) Fire protection Provisions shall be made forgiving alarm in case of fire. It shall be the responsibility of . . the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. 411 100 a) Portable Fire Appliances: (1') Approved facilities shall be provided for fighting fires in ordinary com— bustible materials (Class A), readily accessible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of . a :type ..usable in all weather, permanently attached, or in cabinets immediately adjacent to the hose con— nection so located that any part of any mobile home, travel or camper vehicle can be reached with a garden hose stream. (2) One or more approved extinguishers of a type suitable for .flammatle liquid or electrical fires (Class ABC) carbon dioxide or d;•y chemical, shall . be located either in an open station ' . so tha'; it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the unit owner 's responsibility and 40 verified by the park operator. (3) Appropriate arrangements shall be made to prevent freezing of fire . fighting equipment. b) Fixed Installations: Water supply facil— ities for fire department operations shall be provided to. consist of one or more of the following, so arranged as to permit the operation of a minimum of 1-1/2 inch hose streams on any fire in a mobile home or. . elsewhere in the mobile home court. Water.; supply and associated facilities shall be sufficient to provide a delivery of at least 75 gallons per minute at each of two nozzles, held four feet above the ground,` at a flowing pressure of at least 30 pounds per square inch at the highest point in the court. The utilization >if available fire fighting equipment may be assumed in. determining compliance with these minimums: (I) A' public water supply system with hydrants located within a 250 foot 411 10i lineal distance along a street of all mobile home spaces. • <2) An approved private system with hydrants connected to domestic water, supply. (3) An approved suction supply with hydrants or supplies each of not less than 3, 000 gallons suitable fnr fire department pumper drafting, so locat- ed that each trailer site will be within a 250 foot lineal. distance along a streo of a supply point. (4): Where fire departments are equipped with tank trucks and are so located that in case of fire they can respond as soon as fire fighting personnel, they may be accepted in lieu of a fixed water supply by permission of the Zoning Administrator after consulting with the local fire chief. 5) Service Building (a) The requirements of this Section shad" ap- 40 ply to service buildings, recreation build- ings and other community service facilities such as: (I) management offices; repair shops and storage areas; (2) sanitary facilities; . (3) laundry facilities; (4) indoor recreation areas; (5) commercial uses supplying essential goods or services for the exclusive use of park occupants. . 0)' Structural Requirements for Buildings: (1) 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 con- structed and protected as to prevent entrance or penetration of moisture and weather. S : "102 (2) All rooms containing sanitary OT • • laundry facilities shall: (a) have sound—resistant walls extending to the ceiling be-- . tween male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be con— structed of dense, nonabsorbent waterproof material or covered with moisture resistant material; (b) have at least one window or skylight facing directly to the outdoors. The minimum aggre • — gate gross area of windows for each required room shall be not less than 10 percent of the floor area served by them; (c) have at least one window which can be easily opened. or a mechanical device which will adequately ventilate the room; (d) have toilets lacked in separate compartmenim equipped with self—closing doors, shower stalls shall be of the individ— ual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open; (e) have illumination levels main— tained as follows: (i) general seeing tasks — 5 footcandles; (ii) laundry room work area — 40 footcandles; (iii) toilet room in front of mirrors 40 foetcandles; (f) have hot and cold water furnished to every lavatory, sink, bathtub, shower and 103 laundry fixture, and cold water furnished to every water closet and urinal. 6) Supervision a) 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. b). The park owner shall be answerable for the violation of any provision of these Regula- tions except those that expressly involve unit owners or tenants. c ) Refuse Handling: The storages collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no 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. d) Pest Control: Grounds, buildings and structures shall be maintained free of ink insect and rodent harborage and 11, infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Environmental Health Officer and the Colorado State Department of Health. • e) Pet Control: All owners or managers of a mobile home park or camper park. or all owners or persons `•in charge of any dogs cat:. or other pet animal shall such animi.il on a leash. not exceeding 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. f) Electrical DiStributiOn and Communication Wiring: Cl) Each mobile home park ..shall contain an electrical distribution system to site, c,nsisting of each lot or ' wii rn , fixtures, a ui menat and S q A . 104. . • • -(:•••••••-;:•'J.: • ',•• appurtenances :herata which shall bea - • installed and maintained ,in..accord- • ,rnc�e frith the USA Standard,. "National: ° Electrical Code• 1918" and ali • subsequent :amendments-: thereto. : . .. :T•lepbone .and- rabl• TV' systeAs aay be installed and` • :(. ) All- plans for the° above .servi.ces ,. shall :hava., the approval of • this t�esponsibie utility prier to County approval of park plans. .•f • F Y 2. 08. O6 GENERAL REQUIREMENTS FOR NEW CAMPER PARKS OR ADDITIONS TO AN EXISTING PARE 411 The principal business of the park shall be to supply parking spaces for travel trailers, camper vehicles and/or tent camping. Permanent occupancy in camper parks shall not be allowed. 3) Site Plan a) Access b) Drainage: The park shall be located on a well--drained site, graded or drained, and free from stagnant pools of water. c) Landscaping: The site plan shall include a landscaping plan prepared by a landscape architect or licensed architect which shows size, species and location of plant materials. Landscaping shall be completed within one year. d):, Setback: (1) There shall be at least 20. feet be— tween campers, camper trailers and/or tents. • (2) Front property line: 50 feet from arterial 50 feet from collector 25 feet from local and mountain road (3) Side property line: 20 feet (4) Rear property line: 20 feet e) Camper Spaces: The aria devoted to each camper space shall be adequate to accommo— date the following facilities: each space shall be provided with a fireplace or fire circle, a picnic table and a well—drained, level site; each space shall provide one graveled' parking space; adequate traffic barriers shall be provided to confine vehicles to driveways and parking spaces. (f) .Driveways: All camper spaces shall abut . . upon a driveway graded for drainage and qp maintained in a rut- and dust—free. • condition and wE:ich provides unobstructed.. access to a public. street or highway; the minimum unobstructitd width of such driveways shall be fifteen (15) feet for one—way traffic or Twenty—five (25) feet for two—way traffic; no parking is permitted thereon. g) All camper parks will be maintained in clean and sanitary condition, free from hazardous or. .noxious materials.' weeds and refuse. The park owner is responsible for ensuring compliance. 2) Water Supply and Distribution: a) A domestic water supply that is in compli- ance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and camper park. Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively.: When such a public water supply is not • available, a central water supply system may be developed, and used if it meets .:stan—: . dards of the Colorado. Department of Health. b). Every well or suction line of the water . supply system shall :be - located and con— structed in such a manner that neither underground nor surface contamination will reach the water supply from any source. . c) The treatment of a private water supply . : shall be in accordance with applicable : . . state and local laws and regulations. d) Water Distribution System. ' : (1) The water supply system of the park shall be connected by ,'pipes to all mobile homes. buildings. and. other facilities requiring water. (2) All water piping, fixtures and other: . equipment shall be constructed and maintained in accordance with state and local regulations and 107 , ` l requirements and shall be of types and in locations accepted by the 410 County Environmental Health Officer. (3) The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eights} (80) pounds per square inch, under normal operating condi— tions. at service buildings and other locations requiring portable water supply. (4) °: A► minimum horizontal separation of ten (10) feet shall be maintained be— tween all domestic water lines and sewer lines. (5) Underground stop and waste valves shall not be installed on any water service. e): Source of 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. f) Individual Water Connections: If facil— ities for individual water ervice connections are provided. the following re— quirements shall apply: (1) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damased .by the parking of travel trailers or campers. • (2) Water riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be 3/4—inch.. (3) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes. i • (4) 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: . g): Water .Stations:.. ( 1) Each camper .vehicle or trailer park-:' in shall area be provided with one 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 appurten— ances and shall be protected against the hazards of backflow and back siphonage. (2) Each tent camping area shall be pro— vided with one individual watering station for each 4 spaces; such station to be constructed similar to • individual water service connections • . • as provided` under Section 2. 08..06, except that riser height shall be • thirty (30) inches and a splash pad shall be installed around the base. 3) < Sewage Disposal: An adequate sewage system 'shall be provided in each camper park for the . purpose of conveying and disposing, of all • sewage. Such system .shall be designed, con • - structed and maintained in accordance with state and local laws. . a) 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 (i0) feet from all domestic waterlines. . Sewers shall be a . grade which will insure a velocity of two.' (2) feet per second when flowing ful1: All sewer lines shall be constructed of materi_ als accepted by state or local laws and shall meet design criteria of the Colorad.a • State Department of Health 109 b) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not 111 connected to a • public sewer, all proposed sewage disposal facilities shall be ep-- proved by the Environmental Health Office . ::.. prior to construction. Effluents from sew- .age treatment facilities shall not be discharged into any waters of the State ex- . cept with prior approval of the Colorado State Department of Health. ;t ) . Individual Sewer Connections: if facilities for individual sewer : connections are provided, the fdllowing re- quirements shall apply: (1) The sewer :riserpipe shall have at least a four (4) inch diameter, shall be. 'trapped below the ground surfac e and. shall be so located on the trailer space that the sewer connec-- tien to the trailer system will approximate a vertical position. (2) The sewer .connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be least one-eighth (1/8) inch per foot. All °. . ., joints -shall be watertight. (3) All materials used for sewer • '„ connections shall. :be corrosive . resistant, nonabsorbent and..durable. The inner .surface .shall be smooth. (4), 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:. d) Sint Wastes:. No 1i.quid wastes ..from sinks shall be discharged into or allowed to - accumulate on the ground ::surface. Sewage Treatment and/or Discharge: Where the sewer lines of the travel trailer park- . i.ng area are not connected to a public, sewer, all proposed sewage disposal i 110 facilities shall be approved by the County Environmental Health Officer prior to, construction. Effluents from sewagetreat'- ment facilities shall not be discharged in- to any waters of the state except with prior approval of the Colorado State De- partment of Health. 4) Fire Protection Provisions shall be made for giving alarm in case of fire. It shall be the responsi- bility of the duly authorized attendant or caretaker to infori all tenants about means . for summoning fire apparatus, sheriff's de- partment and. park employees. No open fires shall be left unattended at any time. a) Portable Fire "Appliances:" (1) Approved facilities shall be provided for fighting fires in ordinary coin bustible materials (Class A), readily accessible to all park occupants, in. readily visible locations. " Such facilities shall consist of a hose of • a type usable in all weathe r, permanently attached or in cabinets immediately adjacent to the hose con- nection so located that any part of any mobile home, travel or camper _.. vehicle can .be. reached with a garden hose stream. (2) One or more approved extinguishers of a type suitable for flammable liquid '. .:`:: • or electrical fires (Class ABC) • carbon dioxide or dry chemical, shall be located either in an :.open station, . so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguishers `.or inside each mobile "home and camper at the unit owner 's responsibility and verified by the park operator. , t3) , Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. i 3"tl 5) Electrical Distribution and Communication Wirieig:. • Each camper park shall contain an electrical distribution system to each lot or site, consis— ting of wiring, fixtures, equipment and appur-- tenances thereto which shall be installed and maintained in accordance with the USA Standard "National Electrical Code, 1972" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained. All plans for the above services shall have the approval of the responsible utility prior to County approval of park :plans. 6). Service Building: a) The requirements of this Section shall ap— ply to service buildings, recreation build ings and other community service facilities such as: ( 1) management office;; repair shops and storage areas; (2) sanitary facilities; 411 . (3) laundry facilities; (4) indoor recreation areas; (5) commercial uses supplying essential goods. or services for the exclusive . use of park occupants. b ) Structural Requirements ' for Buildings: (1 ) All portions of the structure shall .. be properly protected from damage by ordinary : uses and by decay, corrosion, termites, and destructive elements. Exterior portions _hall be of such materials and be so con— structed and protected a to prevent entrance or penetration of moisture an d Weather. (2) All rooms containing sanitary or laundry facilities shall: (a) . have sound—resistant walls extending to the ceiling be— tween male and female sanitary facilities. 112 . Walls and partitions a round shower s, bathtubs, lavatories and other plumbing' fixtures shall be constructed of dense, nonabsorbent waterproof mater— ial or covered with moisture resistant material; (b) al least one window or b) have skylight facing directly to the . outdoors. The minimum aggre gate gross area of windows for each required room shall be not • less than. 10 percent of .the floor area .:served by :hem: .. (c) have at least one window which can be easily opened, or a mechanical device which will adequately ventilate the room; d) have: toilets Locke d in separate : compartments equipped with self-closing doors, shower stalls shall be of the individ- .ual .type. The roams shall be • screned to prevent .direct view of the interior when the .. : exterior doors are open; • (e)` : have illumination levels mein- • tained as 'follows: (i).' general seeing tasks. —. 5 footcandles (ii) .laundry room work area 40:: footcan.dles tiii) toilet room in front of oo n s mirrors 40 f tca le d (f) have hot and .c�.d�"::Steiater furnished to , every y lavator , sink, bathtub, :shower and laundry fixture, and cold water et and furnished to- eyt+r0 closet u.rnai 1. :. c) Required Community Sanitary Facilities: ( 1) A cer.tr.al:,;.service` building containing • • the necessary toilet and other plumb— • ing fixtures specified shall. be :pro—. vided in camper vehicle or trailer .1.13 n , perking .areas which provide spaces for department vehicles of trailers and for tent camping areas. Service buildings shall be conveniently lo— cated within a radius of approximate— .. ly 300 .feet to the spaces served. 1 2) Sanitary facilities for women shall include a minimum of one flush toilet, one lavatory and one shower for each fifteen ( 15) camper spaces - Or fractional number thereof. 13) Sanitary facilities for .men shall in- elude a minimum of one flush toilet, . one urinal, one lavatory and one :shower for each fifteen (15) camper .spaces or #ractional number thereof. (4) Where a camper park is designed for and exclusively limited to use by self—contained - camper vehicles or trailers, no public sanitary facil— b. - idea shalla required 15) When a camper park requiring a ser— . vice building is operated in connec— tion 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 camper spaces and shall be based on the total number of persons using such' facilities. 73 . Supervision: . a) 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. b ) • The ouuner •sha°l 1 be answerable for the vio— lation of any provi:ion of these Regulations. c) `Refuse Handling: The storage, collection, and disposal :of refuii in mobile home parks: and camper parks shall be so arranged as to • 11 - I create no health bazars rodent harborage, insect breeding areas, accident or fire 1 • hazards, or air pollution. All refuse shall be disposed of pit either a municipal or County designated landfill site. d) Pest Control: Grounds, buildings and. structues shall be maintained free of: insect and ruder., harborage and infestation. Ektermination methods and other measures to control insects land rodents shall conform with the 'requirements of the County Environmental Health Officer and the Colorado State Department of. : Health. e) Pet Control : All owners or managers of a mobile home park or camper 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 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. 41, 2: 08. 07 APPLICATION AND REVIEW FOR MOBILE HOME AND CAMPER PARKS . A Special Use Permit is required to establish a mo— bile home or camepr ..park or for any additions to .ex— isting perks. This application for a Special Use Permit involves two steps. 1) Step One - Application`. In step one, the applicant should supply the following information: a) Name and address of the _person who shall own the park; p' b) ° Location: and. legal description of the ark; c) Site plan of the park, prepared by an experienced designer, subject, to th.e appro— val by the Planning Commission; d) Information which indicates that the loca— tion and plan are in conformance with the,. Master Plan of Eagle County; i 15 . e) Proposed design of park 'including: (1 ) Street layout and dimensions 110 (2) Lot layout and size (dimensions and urea of each) . (3) Open space, park, recreation and . . .other common use spaces (:4) Grading and drainage pattern (5) Landscaping and screening concept (6) Parking plan design Y7) "Typical" lot layout for individual lot (8) Contour or slope conditions (9) Commercial services to be provided f) Water Supply (1) Brief description of source Of supply . • including water rights and projected volume . (2) Brief description of entity to supply water .g) Sewage .Disposal (-1). Brief description of .method of sewage disposal system • (.2) Brief description of entity which will operate the system ; h) Fire Protection ( i) Brief description of fire protection' system . (2) Brief description of entity to pro-- vide fireprotection ro ec ion service i) . . ark 0 eration P ( 1) -Brief description .of covenants or other park regulations to be put in effect (2) Brief .descriptiion of services to be provided 2) Step One ,= Review In : addition-:to the standard items considered in their review': of. a Special .Use Permit, the . Planning Commission and' County Commissioners shall also consider the following in their review of the first step: 11fs. a) Appropriateness of the park design in terms . of lot 'agouti grading and drainage, park- ing and street plan, and landscaping. b) Adequacy of water supply, sewage disposal, . fire protection, and park operation. 3) Step Two - Application: :• . .. :The second step of the application shall include :plans and specifications meeting the standards for mobile home parks and camper parks as set • forth in these Regulations . in 'subsections 5 and • 6 .of. this Section for all improvements to be. constructed within said park, . prepared by ,.°Qa ..pro- fessional engineer or architect registered in. the State of Colorado. Also included in this step Of the process is the Special Use Applica- tion form provided by. the Department of Communi- ty Development.. 4) Step Two - Review • In their review of the second step of the • application, the Planning Commission sand County :Commissioners shall consider the following: • a) That all technical. information concerning . Water supply, sewage disposal, fire protection, and park operation have been provided in detail. b) That any information requested or required , • by the County:Commissioners upon approving the Step One has burn submitted. 5) : : . For: Submittal Dates. `:Review Procedures. and. Fees,.;;: .:. ` ,• see Section 2. 25: . 2. 08. 08 ADDITIONAL REQUIREMENTS The Special Use Permit for the: .mobile :home; park • or camper park or addition shall: b issued only after the. County Commissioner's have approved. the Second Step of the process. 1.17 2. 09 .SPECIAL:USES 2: 09. 01 . • GENERAL REQUIREMENTS • As listed under the Zone District Regulations, spe— :c.ial uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the • following'-requirements: 1) Utilities adequate to provide water and : sanitation service based on accepted engineering standards and approved by the County Environ— Metntal Health Officer and the Colorado State De-- partment of Health are either in place or to be constructed in conjunction with the proposed area. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safa, ' convenient access to the use • are either in plate or to be constructed in • conjunction with the proposed use, as approved by the County Engineer. 3) . Design of, the proposed use is organized to: :minirniz r impact on and from adjacent uses of land through installation of screen fences or ipp landscape materials on the periphery of the lot and by location of. intensively utilized areas, access points, lighting and signs in such a manner' as to protect established neighborhood character. 4) A. detailed -site plan drawn to scale showing all • physical features and •final: desi n and 9 plan of.. proposal. 5) Technical reports as necessary to determine . • feasibility of proposed project. 6/ Justification that the proposed :special use will not be detrimental to the, character of the • :neighborhood and is consistent with the Master: ' Plan. 7) An ::.Environmental Impact Report when appli,.able (See Section 2: 10. ) 118 .. 2. 09: 02 ADDITIONAL SPECIFIC REQUIREMENTS_ FOR CERTAIN USES S AS ; FOLLOWS:. • . 1) Special -Design Cluster Projects . Land may, be developed as a Special Design . Cluster Project in accordance with the provi- sions of the underlying y " g tone district and in - compliance with the Subdivision Regulations. . . Th:e following .is a list of criteria which a Spe cues Design Cluster Project _must meet: a) Site Plan maximizes the preservation . o.f' ag:'icultural and wildlife lends and protects steep slopes and vegetation on` the site. b) Cluster Design dirprts..development to areas which result in minimal .visual .impacts from . . . .both housing and road construction. Build-, ings . should be kept off of prominent visual. location c) Access to adequate . road system: d) , Additional Requirements for .projects..of • urban and .suburban :.character: (1) Pedestrian .:path system (2) Municipal or.:%.District Water and sewer (3) Landscaping plan . (4) Solar access provision . (5) Affordable housing : . The provision of..Af.fordable Housing i.s one of the requirements for a Spe- : cial Design Project in the RS?I,:and . RMF zones. A determination must- be . : : made by the' Board .of County, Commii sionerr that.. there is_.an unmet demand ;'. : for the "affordable" housing for the area. in which they arc.:proposed, . proposed.. This housing mus4 :be '.provided in e . . condominium or townhouse ..framework . and integrated into the overall de=- Sign of the projcitt. At ,Preliminary. - . Plan stage, the developer preserits . his plans for unit layout and d . si.gn and commits : co build 64%..:of, t:he bonus .. . .densit at $65 ::.; y per sq. ft.. sa3es . ; . . rice. Unit sizes ma p y range. f'^oeh 650-1200 sq. ft. 119 Square foot of Floor Area is defined • in the same manner as in the Zoning • Regulation, Section 2. 05. 41. The $65 per sq. ft. multiplier shall be reviewed and adjusted as necessary each June by the Board of County Co mmissioners. Associated with the • project must be legal documentation limiting (a) the original sales price, (b ) buyer qualifications, and • (c) a 7%. 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. a) In a `Special.-Design Cluster Project, the number of dwelling units, square footage of floor area land 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. The floor area used for affordable housing is not counted in the total 'Floor Area Rati:o.. • 2) Studio for Arts and Crafts, provided: all actin vity is conducted within a building and retail sales are limited 'to one—of—a—kind goods produced on the lot • 3) 'Aircraft, Airport, Utility. and Airport—Air Carrier, provided: an Environmental Impact Report is :submitted . in accordance with Section 2. 10 of these Regulations. 4) Airport Utility, when not in conflict with a) any site or operation 'of -.any esiting aircraft facility; ° • b ) . any official county, state . or federal airport plan; c,) any reservation, easement, right--of-way regulation or :requirement of the Federal Aviation Administration, or of any other . governmental agency. • 5) Airport — Air Carrier, provided:. it is reviewed and recommended .by the County Airport Commission and approved by the Federal Aviation. . Administration► and provided: an Environmental 120 Amommagemor impact Report is submitted in accordance with 11, Section: 2. 10 of these Regulations. 6) Industrial Operation including extraction, processing, fabrication, storage, salvage yard and sanitary landfill, provided: an Environment— al Impact Report is prepared in accordance with Section 2. 10 of these Regulations by technically.: qualified professional experts for the owner of the proposed use depicting its location, scope and design, and an explanation of its operational charactistics (said report may be Waived by the Board of County Commissioners), proof shall also be submitted that the 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) Existing lawful use of water through depletion or pollution of surface run-off stream flow or groundwater; b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations, c) Wildlife and domestic animals through. creation of hazardous attractions, blockade. of migration routes or patterns or. other means. 7) Group Home, provided that the following addit— ional requirements are followed: a) Child care facil-ities shall comply with all requirements for licensing as either a Foster Care Home or Specialized Group Home as such are defined by the Colorado Depart— ment of Social Services; b) No group home shall. .be located within one ( 1 ) mile of any other. group home; _) A .report designating existing and potential negative impacts and mitigating measures for those impacts must be submitted by ap— plicant and must be approved by the County Commissioners and further shall become a part of the special. use permit, if permit shall be granted; d) Site plans and interior.. building... plans which shall include living spaces, 121 recreation areas, off-street parking, and other special needs must be submitted for • approval by County and shall be incorporat- ed as part of the special use permit, if permit shall be granted; a) Group homes shall ordinarily be located within► areas which have appropriate facilities, : as deemed appropriate by County, to serve the needs of the occupants. 8). Temporary Building or Use provided .that: a) The building or use is not in conflict with. applicable . health, sanitation, safety or access laws; b) There is positive assurance that the . build- . ing or use will be removed or ceased by the required time, and c) The County has permission of the applicant and owner to remove the building or use at . . . the owner's expense when not in with these Regulations; . . • d) A deposit. of up to $1, 500 may be required • from the applicant to: defray casts of the County to remove a temporary building or use. 9) Time Share Estates In order to facilitate processing of applications, an applicant desiring to create a time share estate(s) or fractional fee estate(s) may proceed concurrently or simultaneously with his/her special use permit, zone change and/or subdivision applications. . 10) For Mass Gatherings, the following items need to be satisfactorily addressed by the applicant: a). food service & liquor license b) . sewage disposal- c) first aid d.) police protect.on e) traffic control f) water supply g) solid waste disposal 1a2 • 11_) Commercial. General and Industrial uses on . parcels of land greater than one acre shall: submit detailed site plans including landscaping sufficient to meet the performance standards found in Section 2. 07. 07 A performance bond • may be required to guarantee landscaping, drainage, and erosion control, if deemed necess- ary by the County Commissioners. 12) Reservoirs and dams engineered to contain more than .one hundred (100) acre feet of water shall • show the following: a) The use shall serve an obvious public: need. b ) The structure shall not create a hazard . both in construction 'and afterwards to the existing :populated areas of Eagle County. c) The reservoir will be properly maintained. d): 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: C) The dam or .reservoir . is located in Such 'a ' . • manner that minimum.damage shall be caused to owners of private land and water rights in the vicinity: f) . The water level Of the dam or reservoir shall be .maintained even in drought years_ • so as to prevent dry mud Flats which may give rise to dust storms treating a hazard for surrounding roadways and land owners.. 4) The reservoir or dale shall not create a burden upon existing: supplies Of electrical energy so as to jeopardize existing domestic and future domestic uses, h) The reservoir or dais she'll be engineered` in such a manner so that it will nct be placed . near existing public roadways, both so as to prevent hazards to the public created by. said proximity and the unsightly visual impact. i) The bed of the dame or reservoir shall be .-.. • adequately cleared without creating a apt burden upon a public sanitary. landfill 123 . 13) Water diversion structures, ditches, and.. pipe • - line 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 twenty (2°) or more persons shall show the . .following: • . a) Such '.u'se.s. sfiall serve an obvious public need. • b) 'There is .a sufficient supply of electrical ' energy to serve the diversion, ditch, pipeline, and any accessory pumping . facilities, so as not to jeopardize exist-- ing or future domestic requirements. . c) The ditch, pipeline, or diversion shall be built in a safe and prudent manner in order . . . to preserve ;the public safety. • : . d') The ditch.. diversion, or pipeline is environmentally engineered in such a manner so as to utilize the minimim amount of pri- - vate :land: . • • le). .' The facilities shall not adversely affect , fish population s, wildlife habitat, or - migratory ranges.. f) The facility will not adversely affect pri- vate property :Owners in the vicinity, and that appropriate studies. have been conducted to show the .impact of said ' . : . '.: diversions-, ditches, and pipelines upon j . the entirety of. water Users in Eagle County. 14) : Major :new domestic water -or sewer ,systems, Or major extensions of such systems and Municipal , industrial water projects shall' show the following: - • a) An abstract of the. proposal indicating .the '-scope and need For the facility. ., b) preliminary review and commenton the . pro`posal: by the appropriate agency of the - Colorado' bepartment of Natural Resources and the Colorado 'Department of Health with- in sixty (64) days of submission of the application to _the County. • . 124 • c: Alternatives to the proposed facility in • eluding but not limited to alternative lotations and the no development alternative. d) Any demographic data needed to fulfill the :. requirements of this Section shall be consistent with those used for the 208' Areawide Waste Treatment Management Planning for Region XII, Colorado. 2. 09. 03. SPECIAL. USE APPLICATION 1) Each application for Special .Use` Permit shall be; . . in the form of a written request to the.:Depart— ment of Community Development on such forms as provided, identifying the applicant, including signature(s), and clearly stating the nature of the proposed use and reasons in support of such use. 2) Applications shall be accompanied by a District Map of the subject property showing the subject:. property, the use and owners of record of adjac— ent property, existing and proposed buildings • and features, a site plan in accordance with Section 2. 09. 01(4), and other information which . may noted thereon to explain the ' request, : and . the required fee. 3) The applicant shall submit at least five (5) copies, or more when required, of a completed application, maps, and supplemental material. 4) The applicant shall also submit a list of all present owners of public record within 250 feet of the outer boundary of .the subject property and all present mineral owners and leasees. of mineral owners of public record' on the subject Property. 125 : : • • 2. 09. 04 SPECIAL USE REVIEW : Al In review of A`'Special Use. the Planning Commis— sion and Board of County Commissioners shall : consider .•the following:. a). Compatibility of ' the proposed use with : other existing uses in the area. . b ) -.Potential effect of the use on the chara-- cter of the neighborhood. • :c ) Adequacy of access to and from the proposed. . area. "d ) Adequacy of.:water and sanitation service. e) Appropriateness of the physical arrangement of the use on the proposed site. • • , f) HConsistency with Eagle County Master Plan. - • . g) . .The Environmental Impact Report, when . . applicable. . 2): :For Submittal Dates, . Review Procedures, and ' • . Fees, see Section 2. 25 . • 3) •• The Special Use Permit which is required pursu— .' . . ant. to these Land Use Regulations for: a) Reservoirs and dams engineered to contain more than one hundred ( 100) acre: feet of • • water; . . '-.1)). .Water diversion' structures, .ditches, and . ' . . pipeline strOctures engineered to convey . mare than fifteen (1.5) cubic feet of .water per second of time and designed to serve as -- a domestic supply :for twenty (20) or .more persons; and . c) Major new domestic ,Water or sewer systems, Major extsnsioris .of such :systems, and municipal and industrial. .water projects; may he -waived' in whole or in -.part by the- Board . of County Commissioners upon a written petition . by the applicant that: (1 ) A• permit application :pursuant to Chapters 3, 4, and/or 5, respectively, . . - of the Guidelines and Regulations for :. • Areas and Activities 'of State Inter— _ . : . est ,o.f the County of Eagle, State of ` . Colorado, 1990, as amended, has been submitted to the Eagle County Permit Authority relative to 126 . the land use which would- be the subs • ject of a special use permit. ,application and • (2) That compliance With the special use . . .permit requirements would be . unreasonably burdensome for the . . . • applicant. . Such a .waiver may be ;granted upon a determine-- Lion by the Board of County Commissioners. that . requiring a Special Use .Permit in addition to . the permit(s) required ' Under the Guidelines.. and Regulations for Areas and Activities . of State • . - :Interest of the County of Eagle, State of • . . - : Colorado, 1980, as amended, would serve no fur— • ther legitimate .planning, zoning or other land use objective. . . : • 2: 09..05 ADDITIONAL REQUIREMENTS 1 ) . The Board of County Commissioners:ma:y :impose ad •ditional restriction on the lot area, ficor area, coverage, setback, and height of proposed . ' Uses or require additional off—street parking, screen fencing and landscaping, or any other_: III : restriction or provision it deems necessary 'to - . protect the health, safety. and welfare of the• 'population and uses of the neighborhood or ' zone • . . • . district as a condition; of granting. the special - use. A Performance .Bond °.may be required to insure compliance with the. special use permit . , restrictions. 2) All- non—permanent special uses shall be subject.:.':—. : :to a periodic :review of the permit to determine . compliance with. all required conditions. The • review gate will be not more than one year, •fr'om . the date of .permit issuance unless" .otherwiee - ap— proved by the Board of County Commissioners.. . This- review shall be conducted by the Planning Department and .shall be heard by. the County Com-=' missioners only- if complaints have been received or the Planning Department determines that the • project is not in compliance. . All special uses. shall be subject to revocation of permits if conformance with the permit as issued is. not . met. Any substantive change from the original - approval requires review and approval. by the Board of County Commissioners at a public 'hearing. 127 . • • 2. 10 ENVIRONMENTAL IMPACT REPORTS 411 2. 10: 01 ' .PURPOSES • Where required in these Regulations, submission and : • . review of an Environmental Impact Report on any pro-- . posed land development, land use change or sub • - 1 division which may affect to any significant degree • • the-quality of the environment in the County, shall . achieve the following objectives: 1) Tal onsus%ii that complete information on the environmental effects of the proposed develop- ment is available to the County Commissioners, the Planning Commission and the general public. . 2) .. : To ensure that long term protection of the .. environment is a criterion to be considered in development planning, and that land use and de- velopii9nt decisions. both public and private. take into account the relative merits of possible alternative actions. 3) To provide procedures for local review and .. evaluation of the environmental effects of pro- posed projects prior to granting of permits or - other authorizations for commencement of build- ing and development. 2: 10. 02 APPLICABLE PROJECTS . An Environmental Impact Report shall be submitted to 'the Commission for any proposal which the Commission . determines may significantly change the environment, . either dut 'ng construction or an a continuing basis, • in one or more of the following respects: 1) By 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. . 2) By directly or indirectly affecting a wildlife habitat, feeding, or nesting ground. . . 3). • By altering or removing native grasses, trees. • . • . • • .shrubs, or other vegetative cover. • . • •. III • 128 4) By 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. 5). ' By potentialll; resulting in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. 6) . By discharging toxic or thermally abnormal substances, or involving use of herbicides or . pesticides, or emitting smoke, gas, steam, dust, or other particulate matter. 7) By involving any process which results in odor that may be objectionable or damaging. 8) By requiring any waste treatment, cooling, or settlement pond, or requiring transpor;:ation of solid or liquid wastes, to a treatment or dispo— sal site. 9) By discharging significant .valufies of solid or • liquid wastes. 10) By increasing the demand on existing. or planned sewage disposal, storm drainage, or other util— ity systems to a level which is likely to cause an adverse impact on the environment. 11 ) By involving any process which generates noise ' that may be offensive or damaging. 12) By' either displacing significant numbers of people or resulting in a significant increase .in . population. 13) By pre-empting a site which is desirable for recreational uses or planned open space. 14) By altering local traffic patterns or causing an increase in traffic volume or transit service need. 15) By being a part of a larger project which, at any future stage, may i►+volve. any Of the impacts listed above. • 129 • 2.'10::03 % EXEMPTIONS An Environmental Impact Report shall not be required. 110 . for the following: 1) A phase of a development for which an Environ- • • mental Impact Report was previously submitted and reviewed covering the entire development, provided that the development was approved • originally and not subsequently altered in any • material respect. • 2) A development which, in the basis of a prelimin- ary environmental assessment covering each of .. � the factors prescribed in Section 2. 10. 02 is found to have an insignificant impact on the • • environment. The preliminary environmental assessment and the finding on environmental • impact shall, be made by the Commission. 2. 10:04 : STUDIES AND DATA '.;i) The Environmental Impact Report Shall be . . prepared by independent, qualified professional . . consultants:.or personnel. • 2) The range of studies needed to develop the III data for an Environmental Impact Report includes the following natural systems and other studies: . • • a) Hydrologic conditions,: such as surface drainage and watershed characterisiics, groundwater and soil permeability • characteristics, natural water features and . characteristics, and any potential changes • . � or impacts. b:). Atmospheric conditions, such 'as airshed • ' characteristics, potential . emissions, . and • any potential changes or impacts. cc) Geologic conoitions, such as land forms; . . slope. soil :characteristics, potential . . hazards, and any potential changes or • • impacts. • .o ) Biotic conditions, such as vegetation • •habitats, and any potential changes : or impacts. 130 . • e) ' Noise levels and -odor characteristics, 'and any potential changes or impacts thereof. f) Visual conditions: such as views and scenic - . values,-, and any potential changes, impacts, : or marked contrasts. g) Land use conditions, such as characteris : ... ..tics of uses, compatibility with officially approved land use and open space policies and objectives including the Master Plan, and potential changes or impacts. h) Circulation and transportation • conditions,; Such as volumes and traffic flow patterns, • .. . transit service needs,, alternative transit systems and potential changes or impacts. a ) Population characteristics such as residen-- tial' densities• , neighborhood patterns, . . •. . potential displacement of residents or businesses, and potential changes or • impacts. • 3) The Environmental Impact .Report .'shall summarize. the findings and recommendations of the • technical and other supporting studies in terms . that can be assessed and evaluated by County Of; - ficials and the general public. Technical data shall be submitted as supporting documentation. • Technical data . prepared as a part of any other, procedure or requirement of this Resolution, or . of any ordinance or federal, state, or County regulation, also may be used to support an . Environmental Impact Report: 2. i0: 05 REPORT CONTENTS • • 1 ) The . Environmental Impact Report shall contain • : information ana analysis, -in sufficient detail . . ' and adequately supported by. technical studies, . to enable the Commission and the County Commis— sioners to judge the environmental impact of the proposal and to judge measures proposed' to reduce or negate any harmful impacts. 2) The Environmental Impact Report shall includes general statement, identifying and describing the proposed subdivision and its purpose. To the extent that such items are not otherwise . 131 . .. .included in other materials submitted with any � . application or preliminary plan, descriptive • . materials, maps, and plans shall be submitted showing the following information: a) Project boundaries, and boundaries of the • area within which environmental impact is likely to be significant. . . b ) Present and proposed uses of the site. • . C ) ' Present and proposed zoning of the site. ., d) Quantitative information relative to the development, 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 fo the scale of the development. • e) A list of regulatory or review agencies and • . the specific regulations to which the pro- . ' posed develor ant will be subject. 3) • The .Environmental . impact Report shall include an . • environmental inventory, providing reasonably • complete information on the environmental •. setting existing prior to the proposed develop- -- . ment and containing sufficier:t information to permit independent evaluation by reviewers of factors that could be affected by the proposed ' development. The environmental inventory shall • include maps, photographs, or other appropriate i .illustrative material. Areas categorized according to type of possible impact shall be • identified. •The environmental inventory shall include maps, photographs, or other appropriate . • illustrative material. Areas categorized according to type of possible impact shall be identified. The environmental inventory shall describe both the physical and biological . natural setting, end the man-made setting of the • site and its surroundings. 4) The Environmental Impact Report shall include a . comprehensive qualitative and quantitative analysis of any significant impact that the pro- posed development will have on the environment. _ •The analysis shall describe temporary effects . that will prevail after completion. The . . analysis shall describe both • . 132 . . • • beneficial effects and detrimental effects. The • analysis shall consider primary effects and sec— ondary effects which will result from the pro— posed development. The analysis portion of the Environmental Impact Report shall assess the following items in reasonable detail: a) Adverse .b 'fects which cannot be avoided if. . the prcr . :sd is implemented: b ) Mi•cigating: measures proposed to minimizo the impact, c) Possible alternatives to the proposed action, d ) Cumulative .7.:,o 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) Population and economic growth—inducing impacts of the proposal, 2. 10. 06 ADDITIONAL MATERIALS The Commission may further prescribe the form and • content of an. Environmental Report, setting forth in greater detail the factors to be considered and the manner in which the Report shall be propared, and may require submission of information in addition to that required in Section 2. 10. 05. 2. 10. 07 APPLICATION AND REVIEW 1 ) The. Planning Commission and the County Commis— sioners shall review the Envirommnntal Impact''. Report as part of the reviewing process of any .. .. application or preliminary plan. The Planning Commission and the County Commissioners may receive additional statements or supporting ma— terials from the applicant,: the Planning staff, professional consultants, ar others. Such ad— ditional materials may be considered as a sup— plement or as an amendment to the Environmental Impact Report. a) For Submittal Rates, Review Procedures and Fees, see Section 2. 25. • 133 _ . '2: 11 SIQNS 411 . 2.. 11. 41 DEFINITIONS •. . 1 ) Sign . • • . Sign means an identification, description, logo, - . illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure, or land, and .which directs • attention to a product, place. activity. person, . institution. or business. . 2) Sign, Advertising • • Sign, Advertising means a sign which directs attention to a business, product. activity, or service which is not necessarily conducted, sold or offered upon the premises where such sign is • . located. . 3) . Sign, Appraised Value . Sign. Appraised Value means the dollar value of . signs determined by the average estimate made by three qualified sign contractors. • . 4) Sigh, Approach . . • Sign, Approach means a sign not on the property . . to which it relates which gives the location of • an area business. 5) Sign, Area . . Sign, Area means the ,entire surface Within a . single continuous perimeter enclosing the • extreme limits of writing, representation, . emblem, or any figure or a similar character . together with any material on color forming an integral partof th"e display or used to . differentiate the sign from the background a-- .. . gainst which it is placed. For signs with dis— . ....play area on more than one side or surface. the • . total area of all sides shall be included for sign area purposes. For signs which . consist of . .. • individual letters, characters, numbers or figures, the sign area shall be measured by calculating the surface area within a single :. continuous perimeter enclosing the extreme • 134 limits of each individual figure. The sum of. . the area of all of the figures shall:. be consid— ered the total sign area. 6) ;:Sign, Business Sign: Business means a sign which directs attention to a b isiness: profession, service, product, activity,:; or entertainment, :sold or offered upon the .:premises where such sign is located. 7) Sign, Business Center Sign: Business Center means a. business sign which advertises a :combination business lot. May be a component sign which includes advertisement for each shop or business. 8) Sign, Business Entrance Sign, Business Entrance means a business sir: which identifies the entrance or location of s:. , business within a business center and is attach— ed to the structure and adjacent to the primary entrance of each business. 41/ 9) :Sign, Component Sign, Component means a. sign which is comprised of more than one individual sign on a common background or structure. 10) Sign, Development/Real Estate Sign: Development/Real Estate means a sign which advertises a proposed development or the sale or lease of property. 11) Sign, Directional Sign, Directional .means a: sign;:°located on the . property to which it relates and which only gives direction and information for traffic (pedestrian and vehicular) control. 12) : Sign: Flashing Sign, Flashing, means any illuminated sign an which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, except illuminated • 3 . 1 5 _signs indicating -.time or temperature only shall . - not considered flashing signs.. Ill 13) Sign, Home Occupation Sign, Home Occupation means a sign which • . '.advertises a home occupation in a residential zone or area. . 14) Sign, Illuminated . . . Sign, Illuminated means any sign designed to give forth any artificial light or designed to . reflect such light from an artificial source. 15)• Sign, Indirectly .Illuminated. . : Sign, Indirectly Illuminated means any ' illuminated non-flashing sign for which illumination is derived from an external ar.tificial . source And is so arranged that no di-- - - rest rays of light are projected from an • artificial source into residential lots or ..' street. . 16) • Sign; Kiosk . Sign, Kiosk `means a• free standing structure . which contains a sign or signs which serve and relate to exclusively pedestrian areas. • !?) Sign, Lot Entrance •• . Sign, Lot Entrance means. a sign which is placed .• at'.an entrance to a commercial lot which . identifies the primary vehicular entrance. Sign' , '' may include the commercial name of the property. or business in addition to directional information. . lel Sign, Non-Principal Use ` .. Sign, Non-Principal Use means a sign which advertises a use . conducted- on the lot which . • .accessory to the principal use. 19) Sign, Plaza • . Sign, • Plaza means an area .used. specifically for . the display of advertising and designed and . Operated as a unit. i 136 20) .. Sign, Political Sign, Political means :a sign which advertises or refers to persons or issues involved in official elections. 21) Sign, Portable Sign, Portable means a sign that is not permanently affixed to a _post, wall, fence., building or other structure. A sign on a self—contained stand or vehicle of any sort l.o-- cated. and used for commercial purposes. 22) Sign. Public. Sign, Public means a sign which is located with- in a right—of—way of a public street or road . which gives direction or information for a pub— lic use area including parks, schoo'.s1 churches, public meeting rooms, fire stai.ions, hospitals, government buildings, or`.( their pv:rlic places c-• . activities. 23) Sign, Residential Sign. Residential means. a sign containing. no • commercial information, identifying the owner or occupant of a tract of land which is devoted primarily to residential or agricultural use. 24) Sign, Residential Project Entrance Sign, Residential Project .Entranc'C means any sign which identifies a subdivision, homogeneous housing area, or multiple unit residential building or buildings. 25) Sign, Special Events Sign, . Special Events means any sign, banner, .. pennant, or other device including advertising and portable signs, 26) Sign, Temporary Sign, Temporary means a sign used.. to ;advertise: a.. specific one—time event (such as a privately- operated garage sale). 411 137. . • 27) Sign, Window. Sign, Window. means a sign affixed on or located • . within thirty—six inches of the.. int.arior surface of a window fronting a public way. . 28) Building Front • . Building Front means the measurement for the de _ . termination of lineal frontage for sign .. - allowance purposes shall be mane in as nearly a hori%ontal orientation as practicable and shall ' . . : be made at the . structural foundation or building line at finish grade. Only building front which; . most closely parallel the front lot line shall • be included. Extensions for exterior stairways, chimneys, and other appurtenances shall not be . _ included. 29) Fine Art .. . .. . Fine Art . Means aiy sculpture, fountain or . similar object displayed for non—advertising purposes. . 30) :.Individual Business Lot Individual Business Lot means a business . located . .. . . on a separate lot and contained in . a single . building or area. . : . . . 31 ) Lot Front Lot Front means the .total distance along the • . property line which is contiguous to a street , . . , serving the property.. Onl'.2. one property . . boundary may be considered to meet the lot front definition. . 1 32) Multiple Business Lot (Business Center) Multiple Business Lot (Business Center) 'mean* a lot or series of lots, buildings, or units .containing separate businesses which are attach- ed or physically related and operated as a group. . 33) Mural or 5upergraphis Mural •or 5up ,7-graphic means any painted scene, figure, or decorative design so as to enhance the building architecture, not including written • • 139• . trade or place names or advertising messages andIII . displayed fur non--advertising purposes. 2. 1 1: 02 ADMINISTRATION 1 ) Permit Procedure a) Application must be made only by the prop-- erty owner of record for which the sign is requested. Application must be";made to the Building Official on forms provided by the Building Department. b ) Two (2) copies of construction plans and specifications and one copy of, the site and location plan showing heights, area, and setback shall be su''mitted at time of application. c) An inspection shall be made by the Building Official at the request of the applicant Within six months of the date of issuance of a permit. d) An approval tag shall: be. attached to the . sign and a copy of the final inspection..... report issued to the sign owner upon final approval by the Building Official. e) Permit shall expire in six months from date of issuance if the sign has not received final approval. A three month time extension may be granted by the building office' is requested in writing prior. to expiration of a valid permit. 2) Permit Approval No sign shall be permitted until a Building gBuilding (sign) Permit is issued by the Official or unless specifically excepted herein. The Building Official shall not issue a permit until , written approval is granted by the Sign Administrator. 3) Sign Administrator A position of Sign Administrator shall be ap- ;:: ":.:' pointed and shall have the following duties: 411 139 a) To review all sign permit applications for conformance with all sign regulations, e b) Approve or disapprove permit. c).. .To enforce all sign regulations. d) To make determinations involving exempted status of signs. e)" To make a complete record of all signs in the County which exist at the date of adoption of this regulations, for the purpose of determining status as non-conforming use. Such record shall be the official record of signs for the deter- mination of rights of existence under this regulation. 2. 11. 03 SIGN ALLOWANCE Signs are not permitted except as listed specifically herein. Signs are permitted as follows: 1) Individual Business. Lot Sign Sign or signs not to exceed one square foot of sign area per lineal foot of building front for the first 32 feet and 1/3 square foot of sign area per lineal foot of building front in excess of 32 feet. In no case`shall the sign exceed a • maximum of 64 square feet. 2) Multiple Business Lot Signs a) Sign area not to exceed one square foot per lineal foot of building front for the first 32 feet or portion thereof. b) Sign area not to exceed 1/3 square foot. per lineal foot of building front in excess of 32 feet. c). The total of parts (a) and (b ) shall not exceed 64 square feet of sign area. d ) Each individual business shall be permitted 12 square feet of sign area in addition to that permitted by parts (a), (b ) and (c ). e) In place of the sign allowance under parts (a), (b), and (c ), and (d )► the applicant may choose to calculate the sign area based . on lot front as follows: 1/3 square foot of . • 14Q: sign area for each lineal foot of lot front not to exceed a total of 64 square feet: . f) The total sign allowance may be apportioned within the lot or building in any manner the applicant chooses, provided that all other requirements are complied with. 3) . Multiple Signs More than one sign provided the total area does not exceed the total allowance on the lot or.: building. 4) Public Signs Not to exceed .16 square feet in area. The .loca— tion of signs on County right-of—way shall be reviewed and approved by the Board of County Commissioners and the location of signs on State or Federal Highway right—of—way shall be • : reviewed and approved by the State Highway " . Department. 5) Kiosks • Shall be located only in exclusively pedestrian area. The display area shall not exceed 6 feet in height and shall not exceed 4 feet in any . horizontal direction: 6) Window Signs Are permitted provided that no more than 25 per— cent of the exterior window_ area is -covered" by . signs. 7) Home Occupation "Signs, provided that: a) There be only one sign per home occupation; b) No sign shall exceed 8 square feet; c ) No sign shall exceed 6 feet in height. :. B) Component Sign Provided' that the total area does not exceed the permitted maximum for any building or lot calc°jlated cumulatively with all other signs. • 141 9)' Development/Real Estate Signs, provided that: a) Only one sign per parcel., lot, or group of • contiguous lots under one ownership not to. exceed 16 square feet of display area and e feet in height► b)• . Signs must be removed within 30 days of completion of development or land sales; c) In no case may a sign be retained for more than 2 years unless an extension is granted by the sign administrator. 10) Residential Project Entrance Signs, provided that: . a) One sign located adjacent to the primary entrance not to exceed 32 square feet in area and 8 feet in height; b:) One sign. per secondary entrance not to ex— ceed 16 square feet in area and a feet in height; c ) . One sign not to exceed 16 square feet or the height of the building for multiple unit residential buildings. 11 ) Political Signs, provided that: a) There be no more than one sign per lot or . building; b) The sign shall not exceed S square feet in area and 8 feet in height; c ) Signs shall not be installed more than 90 days of the election to which it refers. d) Signs shall be removed within 10 days of the election or event to which it refers e) . `No permit shall be required if the above conditions are met. 12) Portable Signs Provided that the sign be included in the total sign allowance for the building or lot. 13) Sign Supports Supports far signs shall: not , be included within sign area calculations except in a case of excessive support area for the purpose of evading the sign area limitation, as determined by the sign administrator. 14� 14) Illuminated Signs and Indirectly Illuminated • Signs Provided that such signs shall only be illuminated during hours or operation of the. • business it serves, ; .. 15) Sign Height No sign shall exceed the height of the highest building on the lot: ` 16) Approach Sign One sign provided that: a) Such sign is located with:,i :a reasonable :. distance from ti;..1 business it identifies; b ) The sign shall .not exceed . 8 feet in height and 8 square feet in display .area.. 17) Sign Plaza One sign which identifies the location of the sign plaza;' .not to exceed 16 square feet in dis— play area and 16 feet in height and signs within the plaza nut to exceed 8 feet in height. • 18) Lot Entrance Signs, provided that: a) A maximum of one sign for each commercial. lot is permitted; b.) Sign shall not exceed 5 feet in height and 4 square feet of display area; c) .. Lot entrance signs shall.. be exempt from the setback requirement. 19) Height/Setback Limitation Setback shall be determined by height versus distance from the property line. All signs on a lot shall not extend above the plane's formed by intersecting imaginary lines from',the . lot lines to the setback lines at a height of 25 feet or to the building height, whichever is greater. The truncated pyramid formed by these planes is.. the height setback limit. All signs shall be located within such form. Refer to illustration 111 143 ILLUSTRATION • • HEIGHT/SETBACK LIMITATIONS LUJSTRA1i©K •. Peittwi'iitri3AcK Litillfieriory5 xNOt AI OFFICIAL PART OF tHIS KESGLU'fiON -FOFC..lLt:u51lutION ONLY) . . .. PltOPeflr; �.�Ne3 L. 0Bi1:ft N4 ferPACK LINES 514�1 NE�4i 'r / • MAXI LAM 8UII•D�Ntt NFi4H1 13 • L:lNir - .PKOP Kn' I.INt. ILdlNCT...•Olt.SK Like • 1,441 2. 11. 04 EXEMPTED SIGNS 411/ All signs listed herein shall be exempt. frdn this regulation: . 1) : : All signs located on State or Federal Highway right-'of-way used for hi hway re ulatory and. information purposes. . 2) All signs located on County Road right-of-way used for road regulatory and information : purposes. '3) All fine art, murals and supergraphics. 4) Signs :on trucks, trains, automobiles, airplanes and other vehicles that are in working condition ;.:. and not placed in: a specific location on a • regular basis for the purpose of evading sign regulations, provided that the surface area is not increased for the display of signs. 5) Holiday and religious decorations used for spa ciPic celebration purposes and displayed on a • tewpora.y basis and not used for commercial purposes. 6) One political, special events development%real • estate, and temporary sign per lot not to exceed : 6 square feet. 7) Window Sign two square feet of windoid area for the display of hours of operation, credit card . information, and similar general information , items. 8) All information signs. on public property provid- ed that such signs" are related touse of the :property and are' erected and maintained by the.. land management agency. 9) A residential sign not to exceed three square feet in area, except that a tract' of . larger than 35 acres which is devoted `'te agricultural use may have a sign not to exceed 32 square 10) Directional signs, provided that the total area of each sign' shall not .exceed four squar.e feet in :area, shall not exceed five feet in height,. and shall be reasonable in number and location in light of their function: 345 • 2, 11. 05 ' NON-CONFORMING SIGNS . 1.) . Definition of Non-conforming Signs: • Non-conforming signs shall be, an the effective : . :date of this regulation, any sign .which was . . erected prior to the - effective date of May B, . 1978, and does not conform to the provisions set forth therein. : 2) . Continuance of Non-Conforming Signs: • . . : Any sign which has been determined to be • : ` non-conforming may continue in use and operation after the effective date of this regulation only as provided below. However, the amortization period specified below shall cease immediately • if the operation of the non-conforming sign is otherwise terminated, and the non-conforming sign shall be' removed within 30 days of said • termination. . 3) Termination of .Non-conforming Signs . .The use or operation of non-conforming- signs . shall be terminated as follows: a) By obsolescence - at such time as any sign • . shall become obsolete. A sign becomes "obsolete" with the discontinuance of the business, service or activity which it advertises; removal of the business or ac-- tivity from the location to which it directs or for other similar reasons provided, however, this provision shall not apply to seasonal closing. b) . By abandonment - abandonment of a • non-conforming sign shall terminate • immediately .the...right to use or operate • . . such sign. • • c3 By destruction, damage or alteration - the . . right to continue use or operation of any non-conforming Sign shall terminate whenever the sign is altered in any way, or damaged or destroyed over 50 percent of its • • appraised value. .. .d). .:By violation of the regulation - any viola- • tion of this regulation shall terminate • immediately the right to continue a� . • non-conforming sign. • 146 AnummumnimmilliMMINIIMMIS . :- e) ....Ry condemnation - the Board of County Corn-- . • :mis,ioners may • choose' to condemn a non-conforming sign. Recommendations for: condemnation may be made by the sign administrator. . • ..; f.), By amortization - the right to continue to use or operate a non-conforming sign shall terminate five .years after the effective date of this regulation. •g')'.. By failure to maintain - the right to continue use ' Of a non-conforming sign Shall . terminate if .sign is not maintained in good • - '. • structural and visual condition as deter- . mined by the Board of County Commissioners . based on a recommendation by the sign administrator. � . • 4) Administrative Procedure .- . a) Within 120 days after the effective date of these Regulations, the sign administrator shall compile a list of existing non-conforming signs and present said list • • • to the Board of County Commissioners at its . • next regularly scheduled meetinja. The Board of County Commissioners meiy affirm, add to or delete signs from the list as -presented by the sign administrator. After -. the review of the list of non--conf:or'ming • signs by the Board Of. County Commissioners, the sign administrator shall send: written. • ' . notice by regular mail, postage prepaid, to the owner of the non-conforming sign (if , known,-to the sign administrator) and to the . • owner of the property. business, interest'. ' or enterprise advertised or identified by the non-conforming sign. Within 15 days • .. . from the date of said notice,-::the owner of the sign or the property, , business, intrest:' ..' . Or enterprise advertised or identified by .'' the non-conforming sign may appeal .the., classification of the sign-as non-conforming to the Board of" County - . • Commissioners. .or he may file an applica' • tion for a variance. • The date of the no- tice shall be deemed to be the' date of itt. ' '. mailing. • 147 . . • The sign administrator may recommend to the .. . :. Zoning Board of Adjustments that the appli-- . cation for a variance be granted, and the . ' • Zoning Board of Adjustments may approve the • application if it is found that the sign • substantially conforms to code and it does .. not adversely affect the character of the . . .. . - neighborhood, and the same would be in the - . public 's interests. If the variance is . • granted, sign may continue in existence subject to any conditions that may be made : . , on the approval by the Zoning Board of . Adjustments. If the application is denied, the right to continue a non—conforming sign ' shall terminate in accordance u., ti. the pro— • visions of this section. ' b) In .the event that a non—conforming sign ' s . not removed upon termination as provided • . above. the sign administrator shall give written notice of said failure to remove • the non—conforming sign by registered or . certified mail to the owner of the sign ( if .. " : known to the sign administrtor), the owner . of the property upon which the sign is located, and the owner of the business, .. property, interest or enterprise identified • or advertised by said non—conforming sign. If the sign is not removed or repaired as . required by this regulation within 15 days after the date of the notice, the sign . administrator may cause such sign to be re— • moved at the expense of the person to whom .. . the notice was directed, and shill, upon the determination of such expense, certify . the same to the County Treasurer of Eagle - County. The Treasurer shall notify the per— . son or persons to whom the notice was directed .of the total cost incurred for . . •such removal of the sign, and if that cost • . :bas not been paid within 30 days after the . . date of notification to pay the entire cost and expense of such removal, such costs and expenses shall become lien against the property . of the recipients, and the Tre— asurer of Egle County shall collect in the . same manner as general property. taxes are • . collected. The amount certified by the County Treasurer for collection shall in— clude the actual cost of repair or removal of said sign, plus 15 percent in addition • thereto, shall include an amount III 1 48 equal to 10 percent as penalty and :interest S for the cost of collection. The date a.f mailing shall be deemed the :date of the n0- tice or notification. • 5') Concerning Prior Regulations The repeal and re-enactment of the above. section of the Sign Regulation of Eagle County shall not constitute a bar to the enforcement of any violations of the secs tions so repealed or re-enacted, or the prosecution and: punishment of any act or acts already committed in violation of this section so repealed or so re-enacted. All sections repealed by this regulation shall remain in full force and effect for the purposes of sustaining any and all actions to enforce. 2. 11. 06 VARIANCES The Eagle County Zoning .Board of Adjustment shall hava authority to grant variances from this Regulation. (See Section 2. 13. 03) • 2. 11. 07 CONSTRUCTION CODE • The. Eagle County Building Regulation shall be used in determinirsg use of materials and construction methods in the erection or placement of signs. No sign shall be placed unless and until construction plans have been approved by the Building Official. • 149 • • 2. 12 NON-CONFORMING USES AND BUILDINGS All u.s'es of• land and buildings, other. than in conformity with these Regulations, shall 'be .regulated • . 'as follows: . • `2: 12. 01 ` 'NON-CONFORMING USES AND BUILDINGS • The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of adoption of these Regulations or in the case of amendment of these Regulations, then at the time of such amendment maybe continued although such use does not conform to the provisions of these Regula- .tions or amendments thereto. No non-conforming use • may be expanded in size or degree of use. 2: 12: 02 •• REPAIR AND MAINTENANCE Repair and maintenance of' :e non-conforming building . shall be permitted. 2. 12, 03 RESTORATION • A non-conforming building which has "been. damaged or destroyed by fire or other causes may be restored to .. its original condition, provided such work is commenced within one year of such event, and comple- . ted within 418 months of such commencement. Either . time period may be extended upon application in ac- • cordance with procedures for a special use, Section 2. 25. 2: L2. 04 . CHANGE IN USE • A non-conforming use shall not be replaced by a use considered to exhibit a greater : of non-conformity than the existing use; a non-conforming use may be . ' replaced by a use considered to exhibit an equal or lesser degree of non-conformity to be determined ty . • • . . • the Zoning Administrator based on the intent and . • purpose of these Regulations. 2. 12: 05 ABANDONMENT . Whenever a non-conforming use of a building or land has bee,► adandoned for a period of one . year, future 'use of the land or building shall be in Conformity . . with all applicable provisions of these Regulations. • i50 a. 13 ADMINISTRATION 41) 2. 13. 01 CONFORMANCE TO THESE REGULATIONS It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building. or other structures within the unincorporated territory of the County without obtaining a building permit from the County Building Official who shall .. : . not issue any permit unless the plans for the pro-- posed erection, construction, reconstruction, altera- tion or use fully conform to the appropriate provi- sions of these Regulations. 2. 13. 02 ADMINISTRATIVE OFFICER The Director of the Eagle County Department of. Commu- -. .nity Development shall be charged with the duty to enforce the provisions of these Regulations, which may include his designated deputy.. known as the Zoning Administrator. An appeal from a ruling by him, regarding a requirement of these Regulations may be made to the Board of County Commissioners. 2. 13. 03 VARIANCE • 1 ) . Zoning Board of Adjustment a) A Zoning Board of Adjustment shall be established and shall have the following powers and duties: ( 1) To hear and decide ap peals for. spe- cial exceptions to the standards for,`. but not including the use provisions of these Regulations, , such exceptions to be known as Variances. (2) The Zoning Board of Adjustment shall not hear or make judgments upon app- lication for Zone District or Map a- mendment changes in use or a variance to allow 3 use not permitted by the provisions of these Regulations in the appropriate Zone District. No such appeal to the Zoning Board of . Adjustments shall be allowed for building use violations. . • i5t b ) Establishment and Membership A' Zoning Board of :Adjustment.. for Eagle County, Colorado is hereby created in ac- . cordance with Sections 30-28-117 and 30-28-118, Colorado Revised Statutes, 1973,. as amended. The Board shall have five (5) members selected to provide the broadest possible representation from within the un-- . incorporated area of Egle County; one mem- . bership shall be filled by a current member . of the Eagle Planning Commission. . . . Appointments to membership shall be made by : . the County Commissioners for two (2) year terms. Active, incumbent members may . be reappointed. Vacancies on the Board may be filled for the unexpired term in the same • . manner as the initial appointment. Any • . . .. • member of the Board may be removed for • cause by the County Commissioners upon • . written charges and after a public hearing. . The Board shall elect a chairman and a • . : . Secretary from its membership during its first meeting of each calendar year and adopt such rules, as may be necessary f.:r. . conduct of its business. The County Corn. is • missioners :may appoint associate members of such Board, and in the event that any • . • •-regular member may be temporarily unable to . act owing to absence from the county, illness, interest in a case before the : • Board or any other cause, his place may. be . taken during such temporary disability by . an associate member designated for the purpose. c ) • Functions of the .Zoning Boat.d of Adjustment . (1 ) The Board may grant A variance to the - . • minimum lot area .to allow a duplex to • . � be constructed upon any lot for which the covenants of a subdivision platted prior to enactment of these . Regulations specifically allow a . • • . • duplex, provided the property •- 'complies with all other provisions of. . . these Regulations, including, but not . limited to, setbacks, off-street . • . . . parking, floor area and central sew- . age facilities. • .. 152 t2) The Board may specifically authorif.e • 'erection and maintenance of a' directional signs directing the pubs lic to a use located other tharn on the site. upon which the sign is erecte d, provided that the Board de- termines that special circumstances exist requiring such a sign for the convenience of the traveling public to locate distinctive objects, businesses. or facilities. All . directional .signs shall be six inches by thirty inches or lees, and shall include only name, mileage. and directional arrow.. d). .. Meetings . The. Board of Adjustment shall meet -at the . call of the Chairman: The Chairman may administer oaths and: compel the attendance . of witnesses by application to the District • . Court. The court, upon proper showing, may issue subpoenas and enforce obedience . by contempt proceedings... All meetings shall .be open to the public. The Board shall keep • minutes of its proceedings showing the vote of each member upon ,each question or its absence Or failing . to vote, indicating such fact and shall keep records of its examinations and other official actions, : ail of which shall bur immediately filed in the office of the Board and shall be a p±ub-- i is record. . e) Officers The Board shall et its first meeting of:. :<;, each year select a .chairman, a vice--chairman and a secretary. The , . secretary may or may not be a member 'of. the;: Board. The chairman shall preside, at meetings and shall .perform :a:ll duties as usual and ordinary for the presiding officer of any board or group The vice-chairman shall perform the .duties of the chairman in the absence of the chairman. The secretary shall keep full and complete minutes and records and shall : . generally perform all of.. the duties usually . oerformed by the Secretary of any. B.,oard :or group. 411 153 . MMUMMEMMEMEMMINIMik INIMMIUM f) Specific Powers of .the Zoning Board .of : Adjustment The Board may authorize, upon :application in specific cases, a variance to the strict . application of the terms . c-f these Regula" tions relating to: ( 1) Sign Regulations (2) .. . Minimum Lot Width (3) Minimum Setbacks (4) Minimum Lot Area for Duplex Dwelling ' Units (5) Determination of Slope (6) Minimum Floor Area, and (7) Maximum Building Height g) Applications for Variances (1) . Each application for a Variance shall be in the form of a written request .. to : the Community Development Depart— . ment on such f'srm as provided: identifying the applicant and stating the specific nature of the Variance being requested. (2) . The applicant shall submit- atl.east. . two (2) copies of a computed application, maps or supplemental materials. h ) Review of Variances (1) . All variance requests shall be refer— : red . to the Planning Commission prior to the Public Hearing date of the requested variance. (2) . The Zoning Board of Adjustments may' grant such variance only if there has been a showing that an unnecessary and unreasonable hardship will ,beim- posed on the property owner if the provisions of these Regulations are strictly enforced and that one. or , . more of the following conditions are found to exist: (a) That circumstances creating . the hardship were in existence on the effective: date of the 154 MIWINININ=IIMIIIIIMII=NIIIMIIMMIEMOIMIIIIIRIMINNENIN=INualmmffsi 'LL; 4‘,..-r.?,:.I.,:.• • • •.. -:',N7.::•:,•f. .• , -ti.,;., ,,.,,. . . , _. .,,,),J,,,:,,,,,,„„,,. . :.:0,,, : .'• . -...,.. ,,-..---.,..ovii, Minv- • ' ..---,...,':: -..: ,•=.:, -.,4 ,,)mE iNi D VI EN:' . • ..'i,:V.$' T-., !..,.1.- Di,,, ,-7,-:sm =.1..thuzi-, ,,.: 4.1Av.': . . . . ,..,„ ,-,, c LA,,.... ,,,,.;.:r F T c AT:c.:Ii9--.1 i:1‘• /c':,, ..•.7.; ),Q Ft Li'.-1"•:,..-.:e d. L yr• i.,u C e :,,:4•1!..,-1. ' 1..,:l'e;,-3ted .:•,-,,,', .I•cv . . . • . . . -...-4, ..;, -n,.., -,..,,,i,..i. ... . ,..,.... te i i E. 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' ' • -- • :?•:h,,-t-ngi:?, tIle5PTTeic,174 4',"(':.14iffiiir .ie....',i.::: . . -• .,-,. . .,.., y; , ......„.„I.,,,u-., .-.1.%),M4,. ......,:.',i:4-&-,4.,1::.-,.„-r 4 C IrcU,i, ..; r ,o,,,,.. .3 ,._AJL,m.,.. .i.,...,,, . - •F,J,.;.,AN C.,'. 1 4.•0:3 .AP P L.1 7'547T.1-.•11\i -C41 ';:it4?1,t.,--,: vlfc4'fffe-T A i- F-••:;4r,,1,41-7.141-''i- . . ,•0 .0' '::- ,:,',-•-'-:, ..,:r •tf- 'i,,,-.,. ., • will not din,:lnish h9 v..i., .1:2- . _ . . . • ' 1 ) Two ...1eiF1.'i -p... a.4 ). t) -:, sun,.':$-A ,„z•-:.:::' i . . . . ! mit'“1:6 ;i1:nV4a..9t1,4eitr '(')c)ittit4 t5e neighborhood. .ir...1.i'-.4ci.'i1A.T.44: ' - ..2) Erei,c,,h ai,1,4_1j,cation f'qr amendme.ni; sh.a.'.. dt7,ntiFy •-Y,'::,'•:,,,,,: - . ' '",J Hil-al: .,141e Yiar'ilocp, -i , ar..--:-,,,,i .-;-1: -..',',. ' . • : - ttl, .-Iripp .,:„0".. 0,; .,.,:rw4 C.!,,, ,r1.w ..!,.I.J -s-c:e,:'7t1i.7 - 4,t'h,,i-, ture '.4,",'-- -,'60,- • . , W./4c 1,0,7 pg ,W2rermku ccIL:Jtr-,-i4 . the . c.rr,_40, 41 4m...,(1 ,-0, -,;., .-...1--..--„,-.:A=Itt ,%n '.3.opport ,- 9 Ole ent and purpse -5ucl-i f.:11,a,nt:o . . . •_ tno'se. Regulaions r.Yr the M5ter - . . . and ii.,.. , • ' .f:-:•:;,* .. .',,,,?.1;;- '-'1 ,3,-IPO Do-,,p, mc,nt sh;-,1 , :".' • , il . (3) 'Ilts-e'e,I,Ificili.1,:ri.tig:%411-.e,of.Ta C .,...it1_tiL.,4- . zr.1_71.- . ..-.,.::.r....., c-.:.,- cla.., :_,, -..-.nk,.. E,[,,-j,,,L.;„ 4... .;,,e,;•••••“:, • . (,,,./ ccembers 9f. 111,e,Z04T4 --'4) .a.1.1 bezce-... - • ' ,:;s4t •. s h 0 i...../y.k.„ci 7,.J$€4 ,,.. 10,..4 -"in d To zo c.l'eri_;t4e xf1. . ..,-;lx.Q1s, fof a_ pA...„!- . ..... .. ..,...',1,- c);..u.N a-T.-e P 1- I'L.'C I. 1 t4 CI r ,L•I'.; ...,. . .,,, -, .,.. ..',-...=r • o.,.:•he-,., 7,..n.roPmetion which -,.V;.^V.-.':-•,;;;•:./;;;., , . • 'W.,!OZ!'IrP-.---- --".'„,--i?', - -.:21: • • e..1. .., .71 the Qrclposed ame"ume,.,,,,. . 10-,,e'",:v.1-.....- (4) . I-O'r. 6Libm,lf..ra'l Da.tes, Review . . ..,-.,..?;1,,.. -;3t • . ) Proc.edUreS an Fg- i> si.Q ec. .101. - . - • , , - ,,,,-.,,,,-,m,-4.... . . ,,p;. :ica.):,1nn rol d t .,... w.1) ' t conceptual e ;I-,te;;Iii5',' ..,•'• , • 'J.) A p p ea I il.,.. S'af'nr"'a' 0 It;h X d 5'4..13 se'i3;-;19 c--,''',N-f-,J 1.'?''.. Q t' u 5e .'- rl'-1.j e€''''-''''''''''''.•:''.:''''f''. • , Apv furth .4- appec.5)14,1=1:om i0,,], ,,,41T./iiti,yr:i ... .1-10.,i,. „,i.lril ; :..%.:- - ..., ...,.,., • • 3d tiet4W85B,;')."tAkInt'ilnal De'la,Ye. tinV..;' -- ' ' - : 41' ''-' '''' '''---:' • •,,.,:,-...:•, '-::.,-:.-,,, •. . . tye pi,7, 0m,.)ariQd Dg e genere.i deve ;_opment oian . (-/iJr.i.;s, .-). OTovldev. b1.1'i,..--ji -..........! . howe ,PU;rn.17, -iq ,ever.F,1 Lwle al_..,..:ricl„ IiIXVI79,.;i;;;;•.1;••.f:','. vet,: znat2.50 ch ' ppear al mac4J.:, pl-c. ,,,,,,::,!• ./:,,,....,. • . . t h i r 1';;-.i -I I.-o, .ozb.n.P a , s.1..i.;, datz.ot ..,-c-, T;-;1..:-.3p. ievel as ii ,I,.,,/,-.,:' Board '% Pt“11, 79; - ' - ' - - . ' 4, deoz1J.,,,a on(leD tle CoUntlj St.A5diviion RegUI,,,,i- .,• ;,%'.4. -1,,4, '''';'.':-: '-...0-f- • 1j071,:i and as urthei, required in Section 2. 06, !:-.... a ,':::',:.--,c• . . -,,,.. -nned :C.:evi,?10FIMCn , Oil these Reg.ulticfne, ,':•:'T:-.-:,"0.t . . " ii.:14,-F.-• .:,.-•„, .:, L) Tho appini.7. sha171 akso .subitit a list o-P all --. prsg,mt cv,le'rs ..;11% ),Jb--i-ic re-corb -i,oith±n 250 FeictM:r.;Q .-- ,',-F- . -,-.,-4' ins,4-7 :-:..•... . !-- . c-P the t: ..,-::er .boundarg Qf th, subject properti) . . . . . • • ,iii,t'e'•-,"...:.'•:-' .. . ....- .., •-- . • . • • . ' ' - • 411 411 „ • . . . . . . • ;,,,,,„,4,....,,, • . . • . ... . • • • • . . , . . • - i',. 6., - .. • • 1 55 :• -. . -- • 'AP:i,-,%,-,'W;',-;• - ' - ''-k;..!.,. :'.:.•,-,.':: . M.,'-','''.-:" -, , • . — 4111111111= and all present mineral owners .arid lessees of IIImineral owners of public record on the subject property. 2. 1404 REVIEW OF ZONE DISTRICT AMENDMENTS 1) In presenting any application for amendment to the Official Zoning Map, the applicant has the burden of proof to establish the following and the Planning Commission and Board of County Com- missioners shall consider the following in their . review: a) That the rezoning is consistent with the Master Plan and that the area in question . possesses the geological, physical and other environmental conditions compatible with the characteristics of the use •, requested and that the advan tages of the use requested outweigh the disadvantages; and b ) That at least one of the following criteria is met: ( 1) The area for which rezoning 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) The proposed rezoning is necessary in order to provide land for a demonstrated. community need. 2) For Submittal Dates, Review Procedures, and Fees,: see Section 2. 25: 2: 14. 0 5 ADD I T I ONAL :REQUIREMENTS Approved amendments to the Zone District Map shall be promptly entered on the appropriate page of the Off.i- cial District Map and Planned Unit Developments shall be labeled as such. One copy of each approved appl.i- cation shall be retained in the records of the. De- partment of Community Development to ensure that de- velopment proceeds in conformance with .the approved -. plans. 157 .. . 2. 15 SUBDIVISION REGULATIONS, GENERAL PROVISIONS 2. 15. 01 EXISTING SUBDIVISION AGREEMENTS AND COVENANTS • • . . Subdivision filed and recorded on a Final Plat prior . • • to the effective date of these Regulations shall not . be regulated by these Regulations unless proposed for . . resubdivision in such manner as to fall within the definition of a subdivision of these Regulations. • Subdivisions having received Preliminnry Plan appro- • - val under any previous subdivision regulations or law prior to the effective date of these Regulations shall be considered as having received Preliminary Plan approval under these Regulations, provided, that ' all Final Plat submittals subsequent to the date of these .Regulations shall conform to the requirements . of these Regulations. In the instance of large • tracts or blocks of land contained within a recorded subdivision and intended or designed for resubdivi • - sion into samller tracts, lots or building sites, the ' .resubdivision shall comply with all provisions of these Regulations except for those which, in the o- pinion of the Board, have been satisfied prior to • filing of the original subdivision plat. These Regu- . . . • lations are not intended to repeal, abrogate, annul or in any way impair or interfere with existing pro- • visions of other laws or with existing provisions of • private agreement or restrictive covenants running with the land to which the County is a party. Where . these Regulations impose a greater restriction than that imposed by. such existing provisions of law, • • 'contract or deed, the provisions of these Regulations . : . • shall control. •• 2. 15. 02 . OWNER- OR AGENT''MAY 'SUBDIVIDE • . • No person not the owner of land may subdivide .nor make application to subdivide such land without first having obtained a properly acknowledged power of at- torney to subdivide such land 'from the owner or . • owners thereof or from the authorized agents of said owners. 2.:15. 03 EXEMPTION FROM SUBDIVISION: REGULATIONS • . ;The Board of County Commissioners may, pursuant 'toa . Resolution duly adopted at a. public meeting, exempt from the provisions of these Subdivision Regulations, . any division of land if the Hoard of County Commis- sioners determines that such division is not 411 158 . within- .the purposes of these Subdivision Regulations, ' • and, in addition, the method of disposition . adopted • ''.is not for the. purpose of evading the provisions of these Subdivison Regulations including. but not . • limited to any division of land which: Al Creates. parcels of land, such that the land area . . ` of each of the parcels, when divided by the: num-. .. ; , ?....-ter of interests in any such parcel, results in ' ,35 or more acres per interest; 2). . Is 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 is given timely notice of any such pending action by the court and .given .:opportunity to join as a party . .An interest in such proceeding for the purpose � � ':bf raising the issue of evasion prior to entry of the court order; . 3) .- Is created by .a lien, mortgage, deed of trust,' • - 1 or other security instrument; '- 4) 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) Creates cemetery lots 6) -Creates an interest or : interests in o.il, '' gas; : . minerals, or water which are -now or herefter severed from the surface ownership of real property; . .. . :7): 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) Creates a leasehold interest of less, than' three (3) years term, and either.'- invo- lves no change in ,: use or degree of use of:. the leasehold estate, r Will devote the leasehold estate solely to the growing of crops or livestock;' 9) . . Would be redundant, where the case' involves a, clerical error in a previously approved plat; or 159 1i) Would result in property division..for the purpose of perpetual:: open space. • 2: 10.'C4 : ACCESS REQUIREMENT Noperson shall submit an application for subdivision` approval to the Board of County Commissioners unless the subdivision plan or plat ensures, pursuant :to Section 43-2-147, C. R. S. 1973, as amended, that all lots and parcels created by the subdivision will have access to the State highway system in conformance with the State Highway Access Code. `2. 16 PRE—APPLICATION CONFERENCE It is highly' recommended that the applicant present a conceptual subdivision plan to the Department of Corn- . triunity Development before Sketch Plan submission. • The Department will review the plan and submit comments in writing :to the applicant within 15 days from the receipt of the plan. This pre—application . conference 'is totally voluntary: 16D . 2. 17' SKETCH PLAN 2. 17. 01 :; SKETCH PLAN APPLICATION • 1) Any person proposing to subdivide land shall . submit a sketch plan in the form and manner hereinafter described, together with required supplemental information, to the Department. of Community Development. Accompanying the in:for- mation shall be a Subdivision Summery Form (as: • found in Appendix A) and the required applica7- ' tion fee. . Included with the application shall be a list of the owners of subsurface mineral interests in the proposed land to be subdivided and their lessees, if any, the record owners of land contiguous to the subdivision and any other party which has requested in, writing to be notified of such proceedings. . 2)- . All of the required maps, plans and information shall be submitted in 22 copies or more if required when notified by the Department. 3) Maps submitted shall be drawn to scale and, .AS' a base, the U. S.G..S. 7. S minute quadrangle maps . may be used or a base map produced from the U. S. G. S. maps at an enlarged scale of at least 1 • inch to a thousand : feet to allow clear .., indication of the' required information. .4) The required information is. as.. follows: _a) . Tract boundary,. block,: .and . lot pattern with. the area and :use' of lots indicated by note; b ) Street system with gradients and widths dicatedby note: the relationship of pro- posed streets to existing streets, both on: and adjoining the Sketch Plan site, shall be shown: c) Existing development on the .subject end ads jacent property'. shall: be shown: d) Soil types based upon' theNational. Coopera ' tive Soil Survey, ..,U. S. D.`A. , Soil COnserva— tion. Service, as well as interpretations of soil types. Vegetation shall be described and tree masses, live and intermittent streams, floodplains, ...water . bodies, dr:y". : • washes, springs, and wetlands shown: • 1b1 • • e) • A' survey and report on the general . geological, drainage, wildlife, wildfire, • minerals, radiation and other conditions on . . the subject or adjacent property which could affect development. on the subject property; the survey shall include informa— : tion and recommendations of reports refer— . • red to in Section 2. 17. 02 of these Regula— . tions 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 ad— jacent property. The County encourages the . . assistance of competent. professional . •� technicians at this and subsequent stages . of the planning process; . • f) Source Of Water; • g ) Method of sewage disposal. . • d: !7. 02 SKETCH PLAN REVIEW .. . ' . 1 ) The Department shall transmit prints of the Sketch Plan and supporting 'reformation to the 40 . following agencies for their review and appropriate comments and recommendations:. - • .a.) To each county or` municipality within ' a -. 3—mile radius .of any . portion of the pro . posed subdivision;. . . b) To the appropriate school districts. . . .c`) To any utility, local improvement and ,ser . ' • vice district, or ditch company, when . applicable; d ) To the local Soil Conservation District : . -: Board or Boards within the County; to make, .. . findings and recommendations regarding soil '. suitability and characteristics, floodwater . • - problems, watershed protection and conser— . vation practices in the area affected by the proposed subdivision; . • • . • . 162 e:) To the Colorado Department of Highways when the he proposed subdivision is adjacent to or in significant proximity to affect .a • right-of-way, interchange . yr other facility; f) To the Colorado Division of Wildlife to Make findings and recommendations pertain.,,. ing to important habitat or migration • routes of wildlife species- which may be af=- fected by the .proposed subdivision; g) . .To the Colorado Water Conservation Board to make findings and. recommendations pertain- ing to flood hazards that might affect the area:.of the proposed subdivision; h) ,;:: To the Colorado State Forest. Service to • make findings and recommendations, includ- ing wildfire hazards., fire protection, Vegetation and ero°eion pertaining to the area affected by the proposed subdivision; i) To 'the Colorado 'Geological Survey to make . findings and recommendations pertaining :.to • geologic factors, including geologic: .. hazard s, mineralized areas, sand andgrsvel areas which would have a significant impart on the proposed use of the land; j) . . To the County, District,-Regional, or State Department of Health for .-their .review .of the on-lot sewage disposal reports, . .for review of the adequacy o.f., existing or pro- posed sewage treatment facilities to handle the estimated effluent, and .:f°or a report on the water quality of the `proposed • Water supply to serve the subdivision;. k): :To . the State Engineer for.:compliance' with Section 30-28-136, C. R. S: 1973► as amended, including opinions regarding material injury to decreed water rights; historic.. . use of and estimated water yield to iupp.ly: the proposed. development, and c'anditions : • associated with said water supply . . evidence. The State Engineer .shall . consider the cumulative: effect of on-lot wells on water rights and existing. wells; ill 1b3 • . 1) To the County Surveyor, who shall compare : the legal description of the subject prop— erty with the County records to ensure that 411 ..the property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty—five (35) acres • . - in size; • m) To the County Engineer; . n) To public land managing .agencies to consider access to the public lands . facilities and any other effects thereto by the proposed subdivision; • . .o) To any other agency, as determined by the . Planning Department, concerned with a matter or area of state or local interest which would be ..affected by the subdivision. . • • .2) '. The agencies referred . to in the preceding Sec • — tion shall make recommendations within 35 days ., after the mailing by the County or its au.4hori— zed representative of such plans unless a n.e-- • . . . . cessary extension of not more than 33 days . has been consented to by the subdivider and the'County Commissioners. The failure of any agency • . to respond within 35 days or within the'-period of an extension shall, for the purpose of the . •. hearing on the plan, -be deemed an approval of • . ' such plan; except that, where , such plan involves • • 20 or more dwelling units, a school district shall be required to submit' within said time. . . • limit specific recommendations with respect to the adequacy of school sites and the adequacy of school structures. 3) The Planning Commission shall °.review. the Sketch Plan and make recommendations to the County .-. .. .Commissioners. The County Commissioners shall . take action .on the Sketch Plan. The Planning Commission and the County Commissioners shall . consider the following in their review of the ' • Sketch Plan Application: a.) Conformance with the Master Plan, policies, guidelines, zoning .and other applicable • • regulations; . ' b ) Suitability _of the land for subdivision; • • • ib4 • .., 7 •ti ;Dour and :recommendations #trim the agencies. listed f'in Sect ari 2. i'7• 02ti:). ti ab ore._ ' t► ub ttal Dotty, R'evi w Procedures, . and 0- :. .�,: i ' yi'IONAL REtiUi tE1! NTB gloved Sk• etch, Plan Shill be valid ftior• '•tWo 12) eor from the date a approval. ., y„, .• :-;:, ._,.:::',••"':'::::':::::::::::",f:•;••.;::•:.::.':•:•• 4 r o- y y•`. 5 • r .. f • 0 • •• :.• ••".•:".::•.:.::....• ;•:',,:::•,:,,,,...• ".",'';'_-,.• :"•.--.'.•/_••••••`•;;',.•::i'..-,--_.,.. ...... • ".. : ,'-'•-'''...•,...., 143- .ti " 2. 10 . . ".' PRELIMINARY. PLAN 2. 18 .01 PRELIMINARY PLAN APPLICATION `1 ) Any person proposing to subdivide land shall submit a Preliminary Plan in the form and manner hereinafter described together with required . supplemental ' information, to the Department of Community Development. Accompanying the infor- Alsatian shall be Subdivision Summary Form (as • . found in Appendix A) and the required applica- • tion fee. Included with the application shall be a list of the owners of subsurface mineral . interests in the proposed land to be subdivided and their lessees, if any, the record owners of land contiguous to the subdivision and any other .. party which has requested in writing to be : . . notified of such proceedings. 2) . ., All ,of the required maps, plans, and information shall be submitted in 22 copies or more, if required, when notified by the Department. 3) : Preliminary _Plan maps shall be drafted in a pre- . luminary fashion scaled and dimensioned to the nearest foot: construction details requested for .street, utility, erasion 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 Scale. Less than 10, 000 sq. ft. 1" := 50 or less feet 10, 001 sq. ft. - 2 acres : • 1" 100 or less feet 2. 01 acres - .5 acres 1:" ox 200 or less • feet More than 5 acres • • Scale shall be consistent with clarity of depicted. information and Final Plat Sheet Size 24"x36" ) IIIP _: 166- • 4) ` The following. maps and information shall be • required and shall conform to the format and inclusions which follow: a). Preliminary information sufficient to in-- dicate that the Final Plat will meet re- . . quirements established under Section '. • ••• 38-51-101, et seq. , 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 bound . survey: unless an acceptable parcel descrip- . - . . . • tion 'identifies the property as subject of a previously recorded survey; - d) Departing property lines and owners of re- cord of all parcels adjoining the .proposed • • subdivision, including parcels separated • • therefrom only by a public right-of-way; • . All Existing contours at 5-foot intervals . - . (within 2. 5ft. 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% shall have 2-fo'ot . contour intervals (with 1 ft. accuracy); f) . Street names and a blockrand lot numbering system shall bee shown. . .g) . Approximate area and use of each lot; • - h ) 'Sites 'or facilities ' to be reserved or dedicated for public parks, .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; • 167 :j) A vicinity sketch plan normally drawn at a stale 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 ad— . jacent. utility systems within an • . . . approximate half—mile area minimum, the . .natural drainage courses for streams -- • flowing through the proposed subdivision with the limits of tributary areas shown where this is reasonable. All maps submit— . • tad in accordance with this sub—section • . • . shall include clear indications of the section, township, and range containing the. . lands •which .are the subject of the maps; . . .k:) The site's geological, mineral resource, : drainage and floodways, . soil, vegetation, and wildfire and other natural or:man—made characteristics including hazards which • will affect the proposed land use shall be° ....investigated and shown on a map suppiemen_.. tal to and at 'the same scale as the Prelim— . AI .inary Plant accompanied by such reports as - thought necessary to complete description - of the existing conditions to show the following_ - • II) Geology — Bedrock.. lithology and . the stratigraphy. of overlaying unconsoli . . dated materials shall be generally . .. . described and/or illustrated in suf- ficient ;detail to indicate any ..potential development problems . resulting from .groundwater, . . subsidence, instability in road excavations and fills, expansive soils, drainag e,e, structural bear ing n 9 strength. for building foundations. . ' . . (2)• Soils - Soil types and their . _ boundaries based. on the National.. Co- operative Soil Survey, U. S. D. A. , Soil •- . Conservation Service and a table . . . i dS • . • of interpretations for Included :soil • types shall be mapped and described, . (3) Vegetation — Plant associations, in- cluding a descriptiion of adapted ma— terials shall be mapped and .described :. : following practices of the Soil Con' ,:..:. servatiori Servic e; major tree masses shall be shown on the plan; (4) Wildlife — The wildlife species. inhabitation inventory, including wildl:ife: habitats which will be af— fected by the proposed subdivision, shall be map ped and described follow-- • ing .the practices of the ..Colorado Division of .Wildlife, . (.5) Wildfire :The relationship of vegetation 'types, . aspect, . slope; and weather in thear'ea of the proposed:. . . subdivision shall be inventoried and .. mapped, following of the ry, to de- practices Colorado Division of Forest termine wildfire hazard conditions; • (6) The slope of each proposed lot shall be . shown when such slope has an impact on the minimum lot size required (See Section 2. 07. 02); . (7) Proximity".: to Water Bodies The distance from the natural indentifiable high water Mark :of live streams. to any proposed developmen within the subdivision. • 1) : _ Grading and drainage plan; on'. a, plan sup: plemental to and at the same :Scale as the Preliminary Plan, to include the following: (1 ) Generalized grading plan for the areas to be developed for public or private: use, showing existing and I. revised contours and any proposed .. retaining structures: _ . . :‘2) Cross—sections to illustrate:,; • potentially difficult grade • relationships between proposed: road.s,., • 1b9: building sites and parking areas, and the recommended solutions to these • problem areas; (3) 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 drain- age 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 proposes. The plan shall include the extremities of all cut and fill areas. Supplemental be included to detail a sheet shalllu a ' al l drainage, retaining and bridge structures to be constructed as part of ° th e roadway; (4): Drainage Study - A drainage study shall be prepared in accordance with Section 2. 23. 20 of these Regulations. This study shall in- clude a contour map showing all ex- isting and proposed water courses, including the seasonal course-limits of tributaries, indicating the sur- face conditions and locations of points of departure from the . development. This study shall in- clude computations of 10-year flows and 100-year flows, in addition to an indication of the limits of the 100-year floodplain plotted on the contour map., The drainage study . shall also include computations of the increase or decrease in flows anticipated as a result of the development, the .capacity and .veloci- ty through all drainage 170 structures, including open channels, 4110 • and the revised floodplains shall be plotted on a contour map. In no case shall the area within the 100-year • . . floodplain be used for structural de- velopment without specific approval • . of the Board. In no case will a de,-: velopment be allowed to affect either • theHlocation of discharge, magnitude,. depth, slope of stream bed, or velo- . city of drainage flows upstream or down ream from the development, or the stream channel slope within the . - development unless 'piret of an ap- • . proved floodplain protection plan. m) Utility plan, on a plan supplemental :to and • at the sates 'scale as the Preliminary Plan, to include the following: : = ( 1) Water Supply - If a central water • - suoply and distribution system is to • - • be provided, the details of the sys- tem shall be shown and shall include: • the following 110 •(a) Source - Adequate evidence prepared by a Registered Engin- • eer 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 OP ownership or right of acquisition of • or use of.: existing and : . proposed Water rights: . ( ii ) Historic use and estimet- yield Of claimed water. , (iii) Amenability of existing rights to a change in : • use. • ( iv) Evidence: Confirming the potability.: of the pro- posed water . supply •:for : . the subdivision . . . • (b) 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. (c ) • if connection'. is to be made to an existing system, as a. • • minimum, the following informa- tion shall be provided : i The nature of the legal entity which will supply water to the proposed • : • subdivision; • (ii) Evidence that the above . . .. entity is willing to ser— vice 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. (d) if it is intended that individ ;ual water systems will be pro— vided 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. (2) Sanitary Sewage Disposal - If a central sanitary sewage system is to be provided, the details of the collections system and treatment fa cilities shall be Shown and shall include the 'following: . i • f7a; (a) "treatment Evidence that pu-b- 1ic or private sewage'. treatment facilities can: and will provide adequate sewage treatment for . : the proposed subdivision if such service is to be provided t -bg an :axis ing district; (b): . The nature of the legal: entity Which will own and operate the :sewer system shall be described, . as well as the pro posed method of financing; Cc) If connection is to be made to: an existing sewer system, information on the existing system shall be provided; • ) If it is intended that sanitary sewage disposal will be accom' : plished by individual lot owner s, the 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 .an•# signed • by a Registered:-Eng ineer; Geologist. . or Sanitarian . qualified to do his 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, Water. Quality Control Commtssion. (3) Underground Wiring: . g: -�. I�: undergraund, distribution of electrical power or rommu.nication .lines are°: proposed►-„a d escription.,of ths. .system or:. systems shall .be shown. The subdivider :'Shall present written evidence that the utilities .companie:s : involve.d have been advised of the' pr.oposed . system g design that an a -reement on desi n has _ . ;. been. reached. w i73` = . (4) Fire Prote:ztion ' - An adequate supply of waters -and and the related systems, shall be shown to comply wit' 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 sys-- . . : °tern should be provides 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. n) Erosion Control and Reveg.etatibn Landscaping Plans (1 ) In ail subdivisions, an erosion con- :; trol plan may be required. An ero- sion control plan may he required by the Planning Commission or the County Commissioners based upon conditions • of slope and .stability, (2) The erosion control plan shall contain control measures sufficient • to prevent the loss by erosion of no . more than five (5) tons of soil per• ,. . :acre of site per year during con_ struction and no more than three (3) tons of soil per acre of site per year thereafter. These .standards may be 'met through the use of physical measures such as detention ponds, grassed waterways and infiltration galleries, or by nonstructural means. The standards shall be the Minimum required unless through detailed engineering, geological, and soils .investigation it can be shown . . b. the developer that the natural e-- trositin :from the undeveloped site exceeds :these standards; then lesser standards 'May be accepted by the County Commissioners. . (3) The Department of Community. Develop- ment shall review and approve all e- rosion control .plans. 174 (4) Revegetation - Revegetation shall be . .. • required. Topsoil shall be saved . and/or protected from erosion during construction and used for :revegeta-- • tion of disturbed areas. (5) Revegetation Landscaping — Such plan shall be r►squired of all • applicants. as required by the Planning Commis sign or the County Commissioners: All plans submitted- involving three • (.3) or more units may be required by the Planning Commission or the C:unty Commissioners to submit plans prepared by a licensed architect GI' • landscape architect. (a). In addition to the previously listed requirements, the County Commissioners, upon the recommendation *of the Planning. Commission, may require any or all of the following additional controls: • (a) : Timing of disturbance • Disturbed ( , area cont ... bT015, • (c) Stabilization during disturbance; (d) Monitoring during di:sturbance. (e) Post-disturbance monitoring; . . (f) Water _quality impact report; (g ) The temporary and permanent e- rosion. control and revegetation measures required by this sub— section shall, ..art "public .:. improvements, covered be by : -; the Subdivision Improvements Agreement or other security arrangements as provided oy , • Section 2. 20 of these.:. Regulations. The portion .o such security allocated to: per— manent erosion control and: re- . vegetation measures shall . n:o:t: be released. until those o 1.75 • .measures have been constructed and demonstrated effective over • • a period of .two (2) growing seasons. The secur2ty or plat: restriction imposed to guarantee temporary erosion . control and revegetation mea_ sores may be released upon in— ... spection and approval of such measures by the Department of Community Development. (h-_) Impervious Cover — The effects of increased impervious cover . due to development: (roofs, parking lots, streets, driveways and sidewalks) shall be mitigated in the following manner: (z) The developer shall at— tempt to minimize • increases in impervious cover, such as underground parking;. • (ii ) Maximum use of open space shall be encouraged to mitigate the impact of • increased impervious cover. The developoer shall present figures • indicating the percentage • increase in impervious cover projected as a .re— " sult of development. of :Plans .and :reports shall be :prepared, . dated: and 'Signed by professional`:. persons as follows. (1) Legal description and maps — by a professional land surveyor licensed in the State of Colorado. (2) Uti I ity, road, grading; drainage, rosion control, and water :quality • plans by a professional engineer licensed in the State of Colorado i 76 :. • (3) Spilt reports —. by- a professional en— gineer licensed in the State of Colo-- .. rado actively engaged in the practice . of soils , engineering. (4) Landscaping plans.:— at a minimum by ",a licensed architect or a landscape: . . architect. . . . • -:('5) Geologic reports — by a professional geologist as defined in Chapter .51,' C. R. S. 1973$ as amended. : tb) . .;Wildfi're reports — by a professional 'forester as recognized by the Colo— redo State Forest Service. . . p) .- School : Land Dedication or Cash . in. Lieu Thereof '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 which is intended for resi— . dential use, shall allocate and convey sites and ' land areas for schools when such • • are reasonably necessary to serve the pro— . -posed. subdivision and the future residents thereof, by. the application of formulas..set' forth below: Single Family & Duplex • Number :of units x : 014495 Dedication Requirement in .Acres" . . . .. Multi—Family Number of .units x . 002b7b * .Dedication .:Requirement in 'Acres Mobile Home - Number of units- x .s022300 Dedication _Requirement in Acres Whin lend is dedi.catedfar 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 . rea— . sonable 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 . 177 • . . .. . . ' 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. . • .When sites and land areas for schools are ` not reasonably necessary to serve the pro posed 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 areas 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 nn an acre basis with recommendations from' the School District. The same value per acre shall be used throughout the County. 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 Commission- -ers shall review such • report and determine . if' said value. is reasonable. Based upon their review, the Board .will determine the • value of such land. 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 facil- ..• ;.ties or employee housing, for the purchase . ._ .og' housing units for the School District .. ` .ernploilee housing, or for the development of . Said sites. If housing units are purchased, a deed restriction restricting their use to School District employee hous- ing shall be required and ownership shall remain in the name of the School District. • • 178 Said subdivision school dedication shall apply only once: to the same land area. Dedications shall not be required of resubdivisions of the same land When a dedication has previously been made. The actual dedication or payment is required at the Final Plat stage. q) The following additional information will be required when applicable: .. (1) Environmental Impact Report when . Section required by ' 2. 10, of these Regulations, by independent, qualified professional consultants or personnel. (2) A completed Section 404 — U. S. Army Corps of Engineer 's Dredge and Fill Permit application for subdivisions . which propose to modify the existing channel of navigable streams. (3) An application for an Area or Activi— ty of. State Interest when required by • Chapter VI. II 2: 18. 02 PRELIMINARY PLAN REVIEW 1 ) The Department of Community Development shall :. transmit prints of the Preliminary Plan for comments and recommendations to the same agencies itemized in Section 2. 17. 02( 1 ). 2) The agencies referred to in Section 2. 17. 02(1 ) shall make recommendations within 35 .days after. the mailing by the County or its authorized representative of such plans unless a necessary extension of not more than 30 days has been consented to by the subdivider and the County Commissioners. The failure of any agency to respond within 35 days or within the period of • an extension shall, for the purpose of the hearing on the plan, be deemed an approval of: such plan; except, that, where such plan involves twenty (20) or more dwelling units, a school district shall be required to submit within said time limit specific recommendations with respect;, to the adequacy of school sites and: the adequacy • of school structures. • 179 : 3) • The Planning Commission shall review the Prelim- _. and make recommendations and in ry Planr c ations to the Coun— , ty Commissioners. The County Commissioners shall ...take final action on the Preliminary Plan. The Planning Commission and County Commissioners shall consider the following in their review of . • - a Preliminary Plan: a) Conformance to the Sketch Plan and any information requested • or required 'by the County Commissioners upon approving the Sketch Plan. b) Review of the Preliminary Plan to determine Whether: the proposed subdivision conforms .. '. to these and other applicable regulations, • • policies, and guidelines. c) Review of reports on file, and others es available pertaining to geologic, soils, wildfire, flood and airport hazards, ' mineral resource areas, and significant . wildlife areas, -Ad consider the •: , guidelines and recommendations as prepared by the appropriate agency, to mitigate haz- • ards and.. to protect resources. ' 4) ForSubmittal -Dates, Review Procedures; and ,. • .. Fees, see 'Section 2. 25. • • . 2. 1e. d3 ADDITIONAL, RS4UIREMFNTS 'a) :,Approva'l. .o.f .a Preliminary Plan shall .be valid. . . _ . for a period . of 3 -years from the date ..of . approval. 2) Approval :may be` extended beyond the valid time - ` of initial approval, for good cause shown, when ' :'such request' is submitted b,y' the subdivider in .: writing to the Planning Department at least 60 days prior to thee: date of approval expiration. 3) .:For. subdivisions of- 8 'lots or lens,. the County. Cs;nmisn Hers maywaive the . Sketch a d/or Pre-• si o . limi.nary Plan requirements if the necessary information showing that :.those requirements have been met is provided., i90 2: 19 FINAL PLAT 2. 19. 01 FINAL PLAT :APPLICATION 1) The subdivider shall submit five (5) cor. ies .of the. Final Plat for all or a portion of an area within an approved Preliminary Plan to which it must conform together with required. supplemental` information to the Department of Community Development. Accompanying the information shall be a Subdivision Summary Form (as found in Appendix A) and the required application fee. 2) : 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. Th.e Plat shall show the name of the subdivision, date, date of survey, north arrow, and graphic scale and a vicinity map to appropriate scale. Whore multiple sheets are necessary to depict _ the total filing, the vicinity map, legal des— cription 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 for— mat and include :inIFermation as follows: a) Tract boundary lines and right—of—waq:.lines or street lines in solid black lines; ease— ments or other right—of—way lines in dashed liness 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 on each sheet and include only those curves shown on that sheet. Widths and dimensions.. of all easements, rights—of-say, and streets shall be indicated. In addition to requirements described herein., the Final Plat shall meet all requirements established under Section 39-51-101, et seq. , C. R. S. 1973, as amended 191. b) Names :of all streets or roads, block . � letters and lot numbers shall be indicated . • for easy plat identification. A street :. address Table shall also be included on . • every sheet of. •the plat listing the street . address of each lot contained on that sheet (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) All surveying data shall be tied to primary . . - control points, the locations and descrip-- ' tion of these control points being indicated. The location and description of all property monuments on the subdivision shall be indicated. Two concrete monuments ' ..• at. least 36 inches in length and 4 inches square with a suitable center point, shall . be set at east street intersection on the ' street right-of-way line, or on offset . • lines therefrom as designated on the record :plat. Iron monuments one-half .inch in . : diameter and 18 inches long shall be placed on. all points on boundary lines where there - . is -a--Change of direction. e) A aegal description of the property. • • ,, ` f):. . Name ;of subdivision, basis of bearings, . . .north arrow, graphic scale,:. and date. g) Vicinity map at a scale of 1 inch = 1, 000 .- . .. feet and including section . lines; township and range lines„ where practical. . .h) . . Certifications .and information as follows: • • (1 ) Name and- address. of owners of record. . HA ) .' 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. • . - (3) . A-reference to any protective ., convenants, :declarations or other' restrictions Which shall be filed : h th 1 an indication o Wit e. p. att . d an f i82 moommoi the purpose fair Which Sites other • residential: arededicated than resider is `; lots . . or " reserved: (4) A Certificate of Dedication and Owner ership executed by the record .. . owner(s) and all other persons or entities having an interest in the property affected by the subdivision, : . . including any security interest (See Appendix B). . (5) 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 C): (6) Surveyor's Certificate (See Appendix D)`. The certificate shall :be signed by a land surveyor licensed in the State of Colorado responsible for the. . survey and Final Subdivision Plat. • (7) An approval block for the Planning Commission :(See' Appendix E). .. (9)" An approval block for, the Board (See Appendix F).. (9) :The-.Recorder 's Certificate (See Appendix 0). (This certificate need not be completed until after final approval. ) (10) Treasurer's. Certificate of Taxes Paid. 3) Supplemental Requirements to. be :filed with Final :Plat shall be as fellows:. a) Two (2) copies, of' all the: protective covenants, declarations", party wall • 'agreements, or: other restrictions placed on the subdivision, : one (1) copy of which shall be filed for record in the office of the. Clerk and-. Recorder at the time :of re cording the. Final Plat;- • • '_ 183 • b.) 'Complete engineering plans. and • specifications, time schedules and cost411 . estimated for all public improvements, in- - cluding 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 in— stalled by the developer, and a statement .. . . of proof that the subdivider has the ability to pay for such improvements; . The above referenced drawings shall be labelled 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. Said agreement(s ) shall be in the form agreed to and spec— ified under Section 2. 20; d) . Adequate evidence of water in sufficient • .:q`vantity for both domestic and irrigation . . use which shall be transferred to a legal ent'ity. which -shell be established to operate such system; e).: . ShoW compliance with Section 2. 18. 01 (4) (p ) . . regarding School Land Dedication or cash in . lieu,thereaf. .;f .E) : : v.idence 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. . 2..19. 02 FINAL PLAT: REVIEW _ . • .` 1.)H The Department shall refer all Final Plat mater—' . . ials to the County Engineer, ' County Planner, _-: County Surveyor, Environmental Health Officer, and any other designated officials who shall . . .. review the Final Plat to ascertain . that is • conforms' to the approved preliminary plan and . any. requested- modifications thereto. • 1B4 2) The County Surveyor shall compare the legal 'des-.. . • cription of the subject property with the county records to ensure that (a) the property describ— ed contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than 35 (thirty—Five) acres in size, and (b ) the lots and parcels have descriptions which both close and contain the area indicated, and (c) the plat is correct in accordance with surveying and plating.. standards of the State of Colorado. . '3) The Planning Commission shall review .the Prelim— inary Plan and make recommendations to the Coun— ty Commissioners. The County Commissioners shall take action on the Final Plat. The Planning Commission and County Commissioners shall consider the following in their review of a Final Plat: a) Conformance to, the. Preliminary Plan and any.. information requested or required by the County Commissioners upon approving the Preliminary Plan. . b).. Review of the Final Plat to determine if • the proposed subdivision conforms to these and other. applicable regulations, .. policies and guidelines. c). . Adequacy of the proposed improvements agreement and/or off—site road improvements agreement when applicable in accordance with Section 2. 20. 4) Approval of the Final Plat by the. Planning Com-- mission and County Commissioners shall be indi— cated by the, signatures of the Chairmen of . each - of: the boards on the 'signature: block on the Plat. 5) For Submittal .Dates, Review Procedures, and Fees, See Section 2. 25. 2. 19. 03 ADDITIONAL REQUIREMENTS 1 ) Part of the plat approval proceedings shall in— clude a determination by the Board of "a :reason.-. able time by which the project involved should be completed. Extensions of such time limit may be obtained from the Board for good cause shown, upon request by the subdivider, or' . 18s ; owner of the tract, if mad before vacation proceedings are instituted. • • 2) The Board of County Commissioners, without 'a hearing or compliance with any of the submission, referral or review requirements in these Subdivision Regulations, may approve a correction plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat and where such correction plat is consistent with an ap- proved preliminary plan. 3) A plat or portion thereof which has been finally . . approved by the Board and has been recorded shall be the subject to vacation proceedings if the project and associated public improvements which are the subject of the subdivision are not completed within the time set by the Board, pro- vided that no extension has been previously ap- proved by the Board, and no lots have conveyed therein. . . 4) The subdivider shall cause the Final Plat and restrictive covenants, if any, to be recorded within one hundred and eighty (180) days from the date of approval and acceptance of the Board. In the event that the plat is not so "recorded, the approval of the Commission and Board shall be deemed to be void and such plat shall not thereafter be recorded unless and un-= tit :the Chairman of the Commission. and Board, respectively, execute a written authorization for recording. such Final Plat. Board approval of any Final Plat shall terminate in the event that, within two (2) years from the date of said approval, if public improvements have not been installed. The subdivider may apply to the County Commissioners for an extension. 186 2:.20 GUARANTEE OF PUBLIC IMPROVEMENTS 1 ) Public Improvements shall mean all commonly used amenities including, but not limited to: parking driveways, walkways, landscaping, recreational facilities, outdoor lighting, and off—site road improvements, when applicable. 2) Prior to the issuance of any permits for a multi—family condominium project or the record— ing of the Final . Plat the applicant shall submi.t to the Board of County. Commissioners, and the Board shall approve one or a combination of the following, when applicable: a) An improvements agreement agreeing to construct any required public improvements to be shown in the final plat documents, together with collateral which is sufficient, in the judgment of .the County Commissioners, to make reasonable provision for the completion of said improvements in accordance with design and time. . specifications. . "Improvements Agreement" means one or more security agreements which the County accepts to secure the actual . cost of construction of such public improvements as are ..required by these Land' . . Use Regulations. The "Improvements Agreement" may include any one or -a .combi- nation of the types of security or: collateral listed herein and the applicant ': may substitute security in .order to release portions .of the development for sale: The types of collateral which may be used as security under the "improvements agreement" are as follows: ( 1) Restrictions on the conveyances sale ` or transfer cf any lot, lots, tract or tracts of land within the develop= ment as set forth on the plat or as recorded by separate instruments; . (2) Performance or property bonds; (3) Private or public escrow agreements; (41 Liens on property; (5). Letters of credit; ... : (6) Deposits of certified _funds; . (7) Other similar surety agreements; :or:;:::. • 187 . tS) . .Other agreements or contracts setting forth the plan, method and parties ' 411 • responsible for the construction of . any required public improvements to be shogun in the final plat documents which., in the judgment of the County • . Commissioners, will make reasonable . provision for completion of said improvements in accordance . with de— sign and time specifications. • b ) . :. An off—site road improvements agreement if • the County Commissioners, on recommendation from the Department of Community Develop— • • meat and the Planning Commission, determine . that the traffic generated by. the sub— divisian will: (1) Result in safety hazards for vehicle • drivers, pedestrians, or adjacent ' residents; or . . (2) Result in substantially increased . • •• maintenance costs to the County . The County Commissioners shall then deter— . . mine the amount of work necessary to bring . . the road to. acceptable standards to provide • . adequate safe service to present owners, to . . . the proposed subdivision, and to other probable subdivisions, if applicable. and . based thereon, shall develop a cost sharing program between the County Commissioners and the Subdivider to bring the subject road up to an acceptable safe condition: . The subdivider shall submit to the County Commissioners an off—site road improvements • agreement which Shall set forth the plan, Method and parties responsible for the con— struction of the required off—site public road improvement'stogether with collateral which in the judgement of the Board, is sufficient to make reasonable provision for 'the completion of those improvements . • required by the subdivider in accordance. with design and time specifications. :3) Security required under the "Improvements Agreement"' shall equal in value the cost of . improvements to be completed. but shall not be required on the portion of the development sub- - , ' . ject to plat restrictions. The County shall . • • 188 not require security arrangements with • collateral arrangements in excess of the actual cost of construction of the public improvements with an inflation factor for multi-year improvements. 4) As improvements are completed, the applicant may apply to the Board for a release of part or all of the collateral deposited with said Board. Upon "inspections and approval, the Board shall release said collateral. If the Board deter-- . mines that any of such improvements is not con- structed in substantial compliance with specifications, it shall furnish the applicant "• list of specific deficiencies and shall be en- titled to withhold collateral sufficient to ensure such substantial compliance. If the Board determines that the applicant will not construct any or all of th.e improvements in ac- cordance with all of the specifications, the Board may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications. 5) A "registered engineer shall be required to• . certify that all required public improvements relating to roads, utilities and drainage are constructed in substantial compliance with the Final Plat' documents. This shall be reviewed by the County Engineer. regulatio-n from which a variance is requested, or Were created subsequently through no . . fault of the appellant. (bj :That the property for which a variance is r,,NvJested possesses exceptional narrowness, shallowness, shape or topogra— phy which does not occur generally to other property in the same Zone District. (c) That the variance, if granted, will not diminish the value, use or enjoyment of adjacent -properties, nor curtail desira-- ble light, air and open space in the neighborhood. (d) That the variance, if granted, will not be directly .contrary to the intent and purpose of ` .these Regulations or the Master. Plan. (3) ' .The concurring vote of at least three (3Y members of the Board shall be ne— cessary try decide in favor of a Variance. (4) For Submittal.. Dates, Review Procedures, and Fees, . see Section 2. 23. i ) Appeals from the Board of Adjustment Any..further appeal from the decision of the Board of Adjustment may be .made to the courts, as provided by laws provided, however, that such appeal is made prior to thirty (30) days following .the date of the Board 's decision. 2. 14 AMENDMENT 2. 14. 01 CLASSIFICATION 410 This Amendment Section only applies to the changing of the Zone District designation of a specific lot or lots to any other single district designation. 2. 14. 02 INITIATION Jne or more owners of real property proposed for change, the Board of County Commissioners or the County Planning Commission. 2. 14. 03 APPLICATION FOR ZONE DISTRICT AMENDMENT 1 ) Two (2) copies of each application shall be sub— mitted to the Department of Community Department. 2) Each application for amendment shall identify the applicant and clearly stating the nature of the proposed amendment and reasons in support of such change. 3) Application for changes in Zone District and Planned Development shall be accompanied by the Zone District Map of the subject property showing the property for change, the use and owners of record of adjacent property and any other information which may be noted thereon to explain the proposed amendments. 4) Application for change in Zone District shall be accompanied by a conceptual site plan showing,. in general terms, the proposed layout, use and density. '5) "Application for a Planned Development shall also be accompanied by a general development plan indicating the several Zone District designations requested, if such is the case, and a subdivision plan at the sketch plan level as detailed under the County Subdivision Regula— tions and as further required in Section 2. 06. 13 Planned Development, of these Regulations. 6) The applicant shall also submit a list of all present owners of public record within 250 feet of the outer boundary of the subject property 156 not" require security arrangements with • collateral arrangements in excess of the actual cost of construction of the public improvements with an inflation factor for multi-year improvements. 4) As improvements are completed, the applicant may apply to the ..Board for a release of part or all of the collateral deposited with said Board. Upon inspections and approval, the Board shall release said collateral. If the Board deter- mines that any of such improvements is not con- structed in substantial compliance with specifications, it shall , furnish the applicant a list of specific deficiencies and shall be en- titled to withhold collateral sufficient to ensure such substantial compliance. If the Board determines that the applicant will not construct any or all of the improvements in ac- cordance with all of the specifications, the - Board may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications. 5) A registered engineer shall be required •tn certify that all required public improvements : relating to roads, utilities and drainage are constructed in compliance with the Final Plat documents. This shall be reviewed by the County Engineer. • i.89 2. 21 MINOR SUBDIVISIONS . • 2. 21. 01 . GENERAL PEGUIREMENTS : This Minor Subdivision may only be used in the fol- . . lowing instances: • 1 ) The proposed subdivision is for a duplex or , multifamily structure within a County approved . • subdivision. 2.) The Rural Homesite provisions described in Sec—' tion 2. 06. 01fe) is being used. • 2. 21. 02 MINOR SUBDIVISION APPLICATION. • • . 1 ) Five (5) copies of an application form along . with a site plan, paper copies of the final . • plat, and any supplemental information shall be. submitted to the Department of Community . • Development. The mylar original of the final plat is due the Monday prior to the Planning . Commission hearing. • • Accompanying the information shall be a Sub— . • division Summary Form tas found in Appendix A) ` • and the required application fee. • • . . ,2) ' The supplemental information shall include the • . . following: a) That the land included within the 'proposed map is properly zoned for the proposed use; • b ) That all lots on the proposed map abut a . county street or road which has been accepted for maintenance and are physically accessible, or capable of being physically accessible, from the public street by conventional vehicle; . c) That satisfactory evidence has been furnished to the existence of an adequate • . : and dependable water supply for each lot; d) That satisfactory evidence has been furnished to the existence of a septic tank disposal site, or other lawful means of disposing of human wastes, which complies • with all applicable public health laws for each proposed lot, 190 e) That satisfactory evidence has been furnished to the geology, soil, topography, drainage, fire protection, and other condi— tions so as to indicate the subdivision will not create any hazards and that all lots will contain safe, adequate building sites; f) . An improvements agreement, off—site road improvements agreement, or other agreement required by the Board of County Commission— ers pursuant to Section 2. 20 of these Regu— lations needs to be executed and submitted to the Board of County Commissioners; g) Three. (3) copies of all the protective covenants, declaration, party wall agreements or other restrictions placed on the subdivision, one copy of which shall be filed for recording in the office of the Clerk and Reco 'der at the time of recording. the Final Plat 2. 21..03 MINOR SE+BDIVISION REVIEW • The Planning Commission shall .review the Minor Sub— division and make recommendations to the County Commissioners. The County Commissioners shall take final action on. th/ Minor Subdivision. The Planning Commission and: County: .Commissioners shall consider the following in t,reir review of a Minor Subdivision: • a) . Adequacy of , access, water,, and sewage :dis— posal .on the land to be subdivided; b). Review of the Minor Subdivision to deter— mine if the proposed subdivision conforms to the Final. Plat Requirements and other applicable regulations, policies and guidelines; c ) Adequacy of the proposed improvements agreement and/or off—site road improvements: agreement when applicab'e in .accorlance with Section 2.20. 2) For Submittal Dates, Revier; Procedures, and Fees, See Section 2. 25. !9! • : •.. . .•.....••_': • ;. 21 ItION I REQUIREMENTS Tlts ai lt' o+hal re"qu ro ari�s fotr„� linds�::Subdivision °.]^, • si aI1 a►• tali, sus as those •or d ,F d1 Pia pufid ' it fir!i on Z. "i0 03. . '3- Fr iJl ... r. ;' .ry (. le ` • S tt - 2..22 VACATION OF PUBLIC EASEMENTS AND RIONTS-OF- JAY 1 ) Procedure: The methods and procedures to effect any and all road and easement vacations shall be in compliance with and subject to Section 43-2-301 et seq. , C. R. S. 1973, together with any amendments thereto. 2) Applicability: .: Asused herein 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 thereof. 3) The applicant(s ) for any road or easement vacation shall present a petition requesting such vacation to the Department of Community "De— velopment and signed : by the owners of all abutting property whose means of legal ingress . and egress thereto would be affected by such vacation. The petition shall set forth adequate reasons for such vacation together with the names, street, mailing and legal addresses of all abutting or adjacent landowners thereto; 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 adequately showing the road or easement sought to be vacated as well as the property of all landowners herein— above described.. .The petition together with the map shall be submitted to the Department of Com— munity Development in triplicate and shall be accompanied by an application fee of $50. 00. 4). . Upon receipt of the petition the Department of Community Development shall set the macter for discussion at a regular meeting of the Planning Commission, at least one month thereafter to allow for referrals as indicated below. 5) The Department of Community Development shall refer a copy of the petition together with •the map to affected..governmental agencies as well as public and private utility concerns for .review and written comment within thirty (30) days. Such comments shall be advisory only. • 193 . 6) . .. The Department of Community Development shall . cause to be given notice by certified mail, re- 411. turn receipt requested, to all landowners refer- red to in Subsection 3 above, stating: a) That a petition to vacation has been sub- . mitted to the Planning Commission; • b) The road or easement sought to be vacated; , c ) Briefly. the reasons submitted therefor; • d ) The date, time, and place of the meeting . • referred to hereinabove in Subsection 4. 7) . At the meeting referred to in Subsection 4 . above, the Planning Commission shall consider the merits of the petition to vacate together • • with the written comments, if any, referred to . in Subsection 5 above, as well as the comments of interested members of the public, and shall, • within a reasonable time thereafter, make and submit its written recommendation thereupon to •. the Beard of County Commissioners. • • .8) . Thereafter, the Department of Community Develop- . . meat shall cause to be given public notice by • one publication in a legal newspaper not less than thirty (30) days prior to the hearing be- fore the Board of County Commissioners. The • public notice shall state: • a) The road or easement sought to be vacated; • • b ) The recommendation of the Planning Commission. . . • . c ) The date, time, and place of the hearing • . before the Board of County Commissioners. • 9) . At its hearing. the Board of County Commission- .. ers shall consider the merits of the petition to vacate together with the recommendation . thereupon of the Planning Commission, as well as all other material the Board may deem pertinent thereto, including the comment of interested :. members of the publics and may either "approve" • or ."disapprove" the petition to vacate. 10) .No approved vacation of any road or easement shall be effective unless the following condi- . • � tions have been met within a reasonable time . following approval of the Board of County Com- missioners of any petition to vacate or • • • memoranda recommending vacation: • 194 - .a) ..:' .-Quit 'Claim `Deeds have. bteIn,.•duly. recorded in • the:•office of the County Clerk and Recorder ; which cumulatively ` relinqu.ishes all rights, .claims and interests .that all interested parties, including .public and private uti17- ity companies,. 'maiy, have in the •:road or. easement ,to' be _vacated; and b) A Resolution Of the Board of County Commis? sioners:. has been duly , executed and recorded . in the office of the County Clerk and • Recorder:..widencinq the approval of the Board of the, vacation of the subject. road • • • • • 2. 23 •DESIGN AND IMPROVEMENTS STANDARDS The individual lots 'and subdivision layout, the con— structed improvements and engineering investigation and design shall conform to the provisions of this Section. 2. 23. 01 SUITABILITY OF LAND FOR SUBDIVISION Land subject to natural hazards such as flooding, wetlands, dry washes, intermittent streams, falling rocks, highly erosive soils or steep slopes, landslides, snowslides, wildfire or other natural hazards shall not be platted for any use which might endanger the health, safety or welfare of the inhabitants. Such lands shall be reserved or other uses which will not present these hazards. 2. 23. 02 STREET PATTERN The street pattern in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas. Where appropriate to the design, the streets shall be continuous and in alignment with the existing plat or platted streets with which they are to connect. Pro-- . posed streets shall be extended to the boundary lines 0 of the land to be subdivided unless prevented by to— pography or other physical conditions, or unless, in the judgment of the Board of County Commissioners, such extension is not necessary for connection of the subdivision with the existing layout or the probable future layout of adjacent tracts. ,all dead—end streets shall be provided with a turnaround with a minimum diameter of ninety (90) feat. Design of dead—end streets shall include areas for storage of plowed snow. Proposed streets shall intersect one another as nearly at right angles as topography permits. Excessively long residential streets conducive to high—speed traffic shall be discouraged. Alleys will not normally be permitted in residential subdivisions but may be required in commercial areas. Where subdivisions are located ad— jacent to existing or proposed arterial highways, the subdivision street pattern shall conform to highway plans. Intersection of proposed streets in the sub— division with such highways shall be held to a minimum. Lots bordering such highways shall be either reverse—facing (on an internal street within the subdivision) or be served by a frontage road de— signed to collect traffic from within the subdivision • and provide access to a designated • 196: intersectiol with the arterial or sub-arterial . . • 'highway. Streets shall be designed to. preserve the . visual character of an area. Large cut., and fills are highly discouraged. Two access points from a Subdivision are also recommended. Proposed streets to be within three miles of any incorporated area Shall conform to any . street system or official street . plan, when applicable, of any incorporated area. 2. 23. 03 . PRIVATE STREETS The creation of private streets is discouraged. PT.x - . . . vats streets may be permitted based on the character and location of a proposed subdivision, providing . the following requirements are satisfied: the . . right—of—way width, grades, curves, sight distances • and improvements within the proposed subdivision are all in conformance with requirements of these Land . . . Use Regulations and there is no . land either adjacent to or in the vicinity of the proposed subdivision which will be denied public access for traffic, -utilities, drainage or other public purposes solely . by reason of the creation of private streets. 2. 23. 04 NEW STREET CLASSIFICATIONS AND FUNCTIONAL DEFINITIONS' • All streets within the proposed subdivisions shall be classified by the Board of County Commissioners in one of the following general classifications: 1 ) Arterial Streets: will be designed to connect existing and proposed collector streets with . primary county roads and state highways. 2) Collector Streets: will be designed to connect local roads with- arterial streets, to connect ., • adjacent subdivisions, and to service commercial : . and industrial areas. In those cases where a proposed subdivision separates adjacent private . land from a county primary road at least one street shall be constructed as a collector • • streew. • 3)• Local Streets: will be designed to provide access to single family residences in the Resi- dential Suburban Low and Residential Suburban Medium Zone Districts. . 4) Mountain Roads: will be designed to provide access from collector, arterial , or county roads . . . to service the Resource, Resource Limited, . • • 197 • : Agricultural Residential, and Agricultural Limited Zone Districts. III • 5) Cul-de-sacs: Cul-de-sacs are dead end local streets or mountain roads. The overall length , of a cul-de-sac from the intersection with ano- . ther street or road to the radius point of the• . turn around will not exceed 1000 feet. No •cul-de-sacs will service more than 20 residen- • tial units. Cul-de-sacs will only be allowed in those cases where the subdivision tan adequately insure that the road will be passable year . around by virtue of minimum grades and curvature, adequate parking, and snow removal. Each :..ul-de-sac shall have a minimum of a 45 foot radius constructed roadway "bulb" at the • dead end. 2. 23. 05 : • RIGHT-OF-WAY;W Y DTf4S •` • . Rights-of-way .shall .be .provide'd .to -the following tni- nimum widths: . Arterial Streets 100 feet Collector Streets 70 feet Local Streets and . Mountain Roads •• 50 feet ' • . Cul-de-sacs 50 feet radius ... "..bulb" at a dead end . • . Right-Of-w,y widths .shall be increased as necessary • . to include all cut and fill :slopes necessary for. road ct,nstruction and maintenance. In calculating this . ' . - width, all slopes will be calculated at the rate of three (3) feet horizontal to one ( 1 ) foot vertical, except in those cases where adequate engineering re- • ports are submitted by the subdivider to ensure the County Commissioners that the back slopes will be • ' stable at steeper slopes, can be adequately : . revegetated and will .not result in excess erosion or sedimentation. • • S • 19S • 2. 23. 06 ROADWAY WIDTHS Roadway widths will be designed and constructed in accordance with the following table: Street Driving Surface Each Side as Applicable Clarification Width(1) Shoulder •..Parking(2) . Drainage Curb, Gutter and each side Sidewalk(') Arterial Street . 56 ft. 10 ft. not allowed 12 ft. 6.5 ft. Collector Street(4) . urban 28 ft. .8 ft. not allowed 12 ft. 6.5 ft. rural 28 ft. 8 ft. not allowed 12 ft. 6.5 ft. Local Street :22 ft. • 6 ft. 6 ft. 8 ft. 6.5 ft. Mountain Road: 22 ft. 4 ft. not allowed 8 ft. not requ'red 1) Minimum channelization :may be required at. • intersections. 0 e cases in those �� 1 t n be a11Ow . iwill only a)' Parking y where curbs gutter and sidewalks are installed. Parking areas will be constructed in the same. manner as driving surfaces. 3) When curb and gutter are constructed adequate storm sewer will be provided.. 4) Driving width 40 feet when curb, gutters and: sidewalk are installed. ` 5) Underground utilities must be stubbed nut to each lot prior to completion of road. 199 2. 23. 07 GRADES, CURVES, AND SIGHT DISTANCES • -Grades, curves, and sight distances shall be subject • to the approval. of the Board to ensure proper drain • - • age and safety for vehicles and pedestrians. The following table established: STREET DESIGN MAXIMUM MINIMUM • MINIMUM STOPPING H. CLASSIFICATION .SPEED GRADE (1)(2) CURVE RADIUS SIGHT DISTANCE Arterial Street 50 mph 6% 850 ft. 450 ft. Collector Street 40 mph 8% 500 ft. 300 ft. •Local Street • 30 mph 8% 300 ft. 200 ft. • Mountain Road 30 mph 8% 60 200 ft. feet. • 1 ) ` Where borrow ditches .are used for drainage - street grades, minimum and maximum will be ' reviewed by a soils engineer to ensure that neither excess erosion or sedimentation will. 40 occur. 2:) Maximum grades for. distance equal to the stop- • ..:ping sight distance from intersections shall be 6 .percent. 2:23..08 STREET SPECIFICATIONS The subdivider shall submit complete. construction 'specifications to the county for approval prior to ". the construction of the streets. The specifications ; shall cover all work involved, including but not limited to: stripping and grubbing, excavation and embankment, compaction, base and surface course, in- stallation of drainage facilities, reseeding, sign installation lighting and shall include material and method specifications. I. 2. 23. 09 • RELATIONSHIP TO ADJACENT SLOPES On all areas of land proposed for subdivision whereon the general configuration of the undisturbed surface :slopes 20 percent or more in any direction, (meaning that 20 feet of elevation is gained or lost in each 100 feet measured horizontally), a grading plan • •:• 200 showing revised contours for street construction (IIthrough such areas shall be submitted. Such plan :shall depict the extent and slope of cut and fill areas created by street construction and insure pro- vision for vehicular access to each lot created by : the proposed subdivision and served by the road to be constructed. Any proposed retaining structures shall be designed in detail With . `ost estimates. All cut and fill slopes and. retaining structures shown as a :result of street construction shall be located within the proposed dedication of street right-of-way. A revegetation plan shall be submitted for all cut and fill slopes with a slope in excess of 1 'foot vertical in 3 foot horizontal distance. The revegetation plan shall utilize native or similar :horticultural materi- als and include a cost estimate for implementation. The revegetation plan shall be completed concurrently with street construction. 2.:23. 10 SIDEWALKS, CURB :AND .GUTTERS Sidewalks, curbs and gutters -may be required in all streets in areas zoned Residential Suburban Low, Re- sidential Suburban Medium, Residential Multi-family, Commercial Limited, . Commercial General, Industrial, and. Planned Development at the discretion: of the 411, Board. Sidewalks, curbs and gutters shall .be con- structed by the developer at the time of road construction. .2: 23. 11 ROADWAY. STRUCTURAL' SECTION All streets and roads shall 'be laid .out and cone st"ructed by the subdivider., at his expense. Roadway construction shall be in 'accordance with such regula- tions as promulgated by the Board or their authorized . representative. • 201 Pavement structural sections shall be designed by a registered soil engineer to withstanc the loads • anticipated on the sub—grade material present. As a minimum, all streets will have at least the equivalent of the following sections: STREET CLASSIFICATION SURFACE BASE SHOULDERS Arterial Street. 3" Asphalt 12" crushed aggregate 6" crushed aggregate Collector Street 3" Asphalt 12" crushed aggregate . 6" crushed aggregate Local Street . 2" Asphalt .6" crushed aggregate 6" crushed aggregate Mountain Road 6" Crushed 6" crushed aggregate Aggregate . Variances from the preceding table may be granted by • the Board Upon satisfactory demonstration of need with adequate design to minimize the effects of any variance granted. All design and construction shall incorporate other standard highway design considera— tion such as crowns, super elevation, spiral . ." transition, etc. Vertical curves shall be used in all cases where the change in' grade exceeds 1. 5 percent. 2..23. 12 'DRAINAGE : : The subdivider shall be responsible for constructing all drainage facilities required, and providing all drainage easements required, as determined by the drainage study. All drainage facilities shall be de— signed by a registered professional engineer in a manner that will protect all roadways and adjacent lots. Particular attention will be given to items which will present overtopping erosion or silting up of drainage facilities. Culverts shall be of suffi— .cient length to extend beyond the point where a 3 -foot horizontal to 1 foot vertical slope from the edge of the road shoulder intercepts the bottom of the culvert, or headwalls shall be installed. All 202 drainage facilities . udder the roadway shall be de— signed and constructed to withstand a AASHO recommen— ded H-20 loading. The minimum accepted culvert size shall be 18 inch diameter. Open channels shall be a trapezoidal shape with a minimum side slope of 2 foot horizontal to 1 foot vertical. They shall be sized . to retain the anticipated flows at the approved velocities. Drop structures shall be installed as necessary. All drainage easements shall be a minimum of 20 feet wide. Where necessary, storm sewers with appropriate inlets and manholes will be constructed by the subdivider. 2..23. 13 BRIDGES. It shall be the responsibility of the subdivider to construct, reconstruct or repair all bridges within any proposed subdivision to meet the following mini— mum requirements: 1) Sufficient strength to accommodate an AASHO H--20 load. 2) . 'Provide' awidth equal to or greater than the ap— proval roadway plus four feet: • 3) Adequate pedestrian facilities including walkways and handrails. 4) Hydraulic capacity to pass the maximum' 100 year probable flow as determined by the. drainage study. 5) Roadway approach grades and curvature to assure safe sight distance.: 6) Adequate channel and wingwalls to protect. approach roadway fill. 2. 23. 14 STREET NAMES AND SIGNS Names of streets shall be subject to the approval of the Board and wherever applicable" shall be consistent with the surrounding areas. The develor shall be required to furnish and install street signs and all traffic control signs and devices necessary in ac— cordance with the "Manual of Uniform Traffic Control Devices" and the Colorado Supplement thereto. 2. 23. 15 STREET LIGHTING 4,0 The developer shall provide street lighting for all 203 . . . Residential Suburban Low, Residential Suburban Medium, Residential Multi--Family, Commercial Limited, Commercial General and Industrial zone development. . . . Lighting shall be designed in cooperation with the local electrical :ompany serving the proposed area. . The design shall be submitted with the street plans. The lighting shall be constructed at the same time as . the road construction. 2: 23. 1b. RAILROAD CROSSINGS • The subdivider shall be required to obtain . all permits and necessary forms and perform all work required by the Public Utility Commission in the event any portion of his subdivision involves a railway crossing. .2. 23..17 ROAD ACCEPTANCE • The subdivider shall post at all entrances to the subdivision a sign which .states "NOTICE: Roads within this subdivision have not been accepted by Eagle • . County for maintenance". This sign shall remain in place until final acceptance has been made by the County Commissioners. Acceptance inspection of roads will not be made during the period of October 1st through June 1st of the following year. . 2. 23. 18 DRAINAGE STULY AND IMPROVEMENTS The subdivider shall be responsible for submitting a . .drainage plan for the subdivision, prepared by an en— gineer licensed in the State of Colorado. He shall . . •� . further provide all easements and construct all . • • drainage facilities called for ' :in the approved plan. • .2.:23. 19 ROADWAYS DESIGNED AS DRAINAGE STRUCTURES - Roads shall be designed to ensure that they will . remain open to vehicular and pedestrian traffic in,' at least, the following Circumstances: • i ) Local Streets and Mountain Roads: during periods . . `of runoff anticipated from a 10 year frequency . • storm. . '' 2) . Collector Streets: during periods of .runoff anticipated from a . 30 year frequency storm. 3) Arterial Streets: during periods of runoff . anticipated from a 100 year frequency . storm. • . . 204 4) . `Roadways will be .'dr,.igned in 'a manner that will • ensure that majo.:r damage will not ..esult from runoff from a 100 -tear frequency :storm. 2. 23. 20 DESIGN OF DRAINAGE STRUCTURES Drainage and erosion control structures shall be required to direct and control the flow of a•ll perma— nent and seasonal water courses. Drainage structures: shall be designed by professional registered engineer licensed in the State of Colorado who is qualified in the fields of hydrology and hydraulics and shall be . approved by a licensed engineer qualified in the field of soils engineering. They shall be designed to prevent heavy sedimentation within, or erosion of, channels, overtopping of channels and damage to thee. structure. Drainage structures shall be designed in a manner that will not adversely affect adjacent property in any of the following manners: ), Relocation of the point where channels cross the boundary line of the subdivision. . . 2) : Increasing the.. depth of flow, or velocity at the point where channels cross the boundary line. • Drainage structures shall be adequately described and detailed. This may require field surveys to define cross section, .profiles, the computation of backwater curves. Culverts: shall be designed and detailed to show the sixes length, slope and headwater depth at a maximum flow. 2. 23. 21 . NON—STREAM DEGRADATION At the time of preliminary plan approval,. :the subdi— vider shall show evidence and plans to ensure that his proposed development does not result in reasonably avoidable degradation of streams. This condition shall apply to both his development activ— ities and the ultimate use of the land. Items such as settling .ponds, filtration galleries, sandtraps, and the ultimate maintenance of these items shall be .: ' addressed and resolved prior to subdivision. approval. 20g 2. 23. 22 PROCEDURES FOR DETERMINING RUNOFF The engineer for the subdivider shall be allowed to • use any recognized method for calculating runoff, subject to the approval of the County engineer. The drainage study shall specify the method used, shall include all maps and calculations, shall specify all assumptions and coefficients used. The County Engineer shall review the drainage study and shall have the authority to require the use of dif— ferent coefficients, corrections to calculations or the submittal of additional information. 2. 23. 23 WATER SUPPLY Water supply shall be available or made available to all lots platted. The intended water supply may be through individual wells using subsurface groundwater, providing that lots are adequate size as hereinafter specified. 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. For a large subdivision or subdivisions having varying geology, the report shall be comprehensive so as to be appropriate for all lots in the subdivision. Where a community water system • is proposed, the availability of the water sources shall be explained and certified by an Engineer registered in the State of Colorado and have an Attorney, if necessary, to substantiate water rights. Representative samples of the water source must be analyzed by a reputable laboratory to confirm satisfactory chemical quality. Water supply, treat— ment and distribution facilities must be provided in conformance with the requirements of the Colorado De— partment of Publice Health and the Board through their designated representatives. Design of any pro— posed water system should be of a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate at the Preliminary Plan stage. Design sub— mitted with the Final Plat shall be of an engineering level sufficiently detailed to permit accurate cost estimates. The adequacy of water supply for any pro-- posed system shall be calculated on total development of the subdivision served following standard engineering practice based on per capita water usage derived from peak demand, storage and fire protection requirements; with the last—named requirement related to location and character of the subdivision. Con- struction of facilities may be on a phased basis. 111 206. Unless otherwise. ,approved by the :Board, fire hydrants spaced at no more than 600 feet• apart shall. be , pro- vided and the minimum size of water mains' shall be 6—inch diameter. Where a central water system is to be installed, an organization shall be set up to administer the operation of this system. Administra— Lion shall be by an incorporated town, water district or an approved corporation. 2. 23. 24 .SANITARY SEWAGE DISPOSAL No lots shall be platted unless an economical and . .. practical method of disposal of sanitary sewage is available to that lot. Disposal by individual sys— . terns may be permitted if the lot sizes are adequate as specified hereinafter, and if other conditions specified herein are met. If individual systems are to be used, representative soil absorption tests must . • . be performed by an Engineer registered in the State • of Colorado or a qualified Sanitarian. The absorp • — tion and percolation• rate5 shall be determined :by the methods prescribed by the U. S. . Public Health Service or similar approved equal. In no case shall the . : observed percolation rate be less than 1 inch in 60 • • minutes. In subdivisions of varying geology, tests • shall be •run at sufficient locations to assure that 411 . each lot will have an acceptable location for an . . individual. system. In addition to satisfying the ,mi— .. nimum lot size acceptable for individual systems, ' each Iot shall be individually designed so that an . . acceptable .system ' ma.y be constructed. on each lot. • .. Each subdivision wherein individual systems are pro— posed for the disposal of sewage shall be approved by - .the Colorado Department of Public Health based on lot size, percolation tests, the type of individual sys— . tern proposed and other requirements. of that Department. Where a central sanitary sewer system is to be constructed, the design and construction of the system must be in conformity with the regulations of.... the Colorado Department of 'Public Health and must be approved by that Department and by the. Board through . their authorized representative. Collection sewers • shall be designed and provided to service each lot. 'Design of any proposed sewage collection and treat ment system should be of preliminary engineering level sufficiently detailed to fully represent how the mechanics of the system will operate at the Pre— liminary Plan stage. Design submitted with the Final Plat shall be of an engineering level sufficiently .detailed to permit accurate cost estimates. Con struction of facilities may be on a phased basis: 207 Sewage treatment facilities of an approved design shall be constructed to adequately treat all411 collected sewage. Where a community sewage system is to be installed, an organization shall be set up to - . • administer the operation of this system. Administra— . tion shall be by an incorporated town, a sanitation district, or an approved corporation with a Public Utilities Commission permit. All proposed sewer plants shall make provisions for the drying and dis— posal of sewage sludge. • . 2. 23. 25 STREAMS • . . 1) A fifty foot (50—ft. ) strip of land or the 100—year floodplain Whichever is the greater distance measured 'horizontally from the natural identifiable high water mark on each side of any live stream located within the boundaries of a • proposed subdivision shall be protected in its natural state with the exception that footpaths, irrigation structures, flood control, and ero— • . sion protection devices may be constructed thereon. . 2) .In all cases .the fifty—foot (50—ft. ) : requirement described above shall be enforced as a minimum setback. A greater setback, up to . 150 feet. may • be required when: a ) Slope equals r, exceeds 30 ;percent, . _ . b ) High)y evadable soils are .present, or • ' • c ) . The proposed use of the property .presents . a • special, hazard to water quality, e. g. , • . storage or. handling of hazardous or toxic materials. . . The . increased setbacks to be required• in .such . cases shall be determined upon the recommendation and action of the Planning Com— . • mission and approval of the Board of County • • Commissioners, in order to protect the public health, safety, and welfare. . .2. 23. 26 UTILITIES . ' • Acceptable easei'ents-.shail...:b'e provided •following utility design requiremerits. 1 In no case shall ease— ments be less than 7.'5 feet. In addition, a 15—foot • —w de easement following the exterior boundary line of ' ` the subdivision shall be shown. Reference is made to • the suggested form and contents of said easement :dedication found in 410 Appendix G of these Regulations. 208 . i ` All public utilities including cable TV companies • • shall. be Allowed to use utility easements: • 2. 23. 27 . .DRAINAGE • : . :Drainage easements shall be provided. for all perma- ' . • nent and seasonal water Courses and shall be in _ac- . cordance with the approved drainage study and drain--. ' age plan. 2. 23. 2E IRRIGATION DITCHES Irrigation Ditch' easements shall. be provided for all . - irrigation ditches crossing the proposed subdivision, ' . . unless the subdivider can prove conclusively that . . they have been legally abandoned. Irrigation ditch . easements shall be of a width equal to the average ditch width plus 20 feet or as otherwise recommended ...by the ditch owner and. as approved by the Board. 2. 23. 29 ' UNDERGROUND WIRING. . • Where a subdivider proposes Underground wiring. .. ... .systems, it shall be his responsibility to coordinate . design of the systems with the appropriate utility company during the Preliminary design stage. No re- . . . .ference to provision of underground wiring facilities shall be• made on either the Final Plat or on any covenants unless the subdivider has submitted -to the Commission an agreement ',between the subdivider-and . . the utility company detailing the method of . compensation to the utility company for installation . • of underground wiring. The County shall not be party.. : to said agreement. . • . 2. 23. 30 -LOT AND BLOCK DESIGN - . General criteria for lot and block design are foov;d in the applicable .zone district sections and Sec.tfon .. . ' . 2. 07 Supplementary Regulations. In addition to the requirements set forth therein, each lot created in a . subdivision shall be physically capable of • • accommodating a structure devoted to the intended` use of the lot. Each lot shall have a frontage on a dedicated street of not less than twenty-five (25) . feet. For subdivisions where. a central water system . _ but no central sewer system is .provided, or vice - versa, the minimum lot size ' shall be one ( 1 ) acre. Additional area may be required if_ determined necess ary by the shape of the :land or from soil percolation . ' • tests. For subdivisions to be served by both . indi- • vidual water supply and sewage disposal systems, the 209 minimum lot -.size shall be two (2) acres. Additional area may be required of individual lots where necess- . 410 . ary because Of shape of the land or results of soil . - .percolation—tests. 2: 23. 31 SCHOOLS, .PARKS, AND OTHER PUBLIC USES The Board nay: requir;e the reservation, . or dedication, of land or sites, ' for schools, parks, and other pub- lie uses. 2, 23. 32 PARK AND RECREATION PLAN The Hoard may require :that each proposed subdivision include a park and recreation plan consisting of park sites and recreation facilities consistent with the level of development proposed. Location of the sites and facilities shall be based on topography. vegetation, and circulation patterns within the subdivision. Wherever possible, such sites and facilities should be located in such a fashion to permit expansion into neighboring subdivisions in the future. 2. 23.`33 MONUMENTAT:I ON Installation of monuments and markers in a proposed • subdivision shall be as provided herein and in com- pliance with Monumsc,tation of Land Surveys, Section 38-51--101, et seq. , C. R. S. 1973, . .as amended: Sub- division boundary corners should be numbered on trig plat and pins put in the same' way on the lots. • • 2 . i0.. 2. 24 .' VARIANCES FROM `8USDIVISION REGULATIONS: • 2..24. 01 General Requirements Upon application by a subdivider the Hoard in its discretion May :grant variances, as herein provided, from some or any requirements.. of these Regulations, based upon the following criteria: 1). Whether a strict :li.teral application of these • Subdivision Regulations would result in an undue hardship to the F.4bdlivider due to the purpose, ..Siiir 'shape, location, and character of the .pro-- posed subdivision; 2) Whether the provisions of the Regulations from which, relief is requested are not materially important, in a planning ;er.7.e► to the .orderly .. controlled development of the tract in question; 3) Whether the granting of the request might .adversely affect the .use of the land in the irtmediati area of the tract in question. 72:24 02 APPLICATION' AND REVIEW 411 Each application. for 'a Variance. shall ; be submitted . in two (2) copies to , the Department of Community Dev.e:I- , opment along with the Preliminary Plan application. : All variances shall be reviewed with th.r Preliminary • Plan except for those . of a minor nature that may be reviewed With the Final Plat. : • • 211. . • 2. 25 ' ' SUBMITTAL DATES. REVIEW PROCEDURES, AND FEES 411 2. 25. 01 .PROCEDURES, GENERAL REQUIREMENTS 1) For each application heard by the Planning . Commission, the Planning Commission shall forward one of the following recommendations to . the County Commissioners or they may table an . • • application for a maxima... of 45 days to receive additional information. With the consent of the Planning Commission, an applicant may request . . . and receive a continuance for a period of up to • 6 months: a) Approve the application •as submitted yr with certain conditions as ' stated. . • b) Deny the application with all reasons clearly stated. . • .2) For ' each application heard by the Board of Coun- . ty Commissioners or the Zoning Board of Adjustment, the Board shall take action within a 45—day period from the .completion of the Public • Meeting. The Board may also table an applica— tion for a maximum of 45 days to receive addit— . •Tonal information or with the Board 's consent. An applicant may request and receive a continuance for a period of up to 6 months. If . final action is taken, it shall consist of one of the following: . • a) Approve the application as submitted 'Or . with certain conditions as stated. • • . . b) Deny the application with all reasons ' " ' : . • . clearly stated. 3) A. Public Hearing shall be required for the fol lowing types of applications: • a) Zone .District Amendment b) Special Use c) P. U. D. Amendment . ' :d) Zoning Variance • When a Public Hearing is required, one public . notice shall be placed in a newspaper of general circulation in the County. at least 10 days prior . to the Planning Commission meeting and at least 30 days prior to the Board of County • 212 3) Typh. III Temporary Housing Permit Exemption Minor Subdivision • +�.i Type IV Zoning Variances 2:25. 83 "HEAR I NA SCHEDULE DUE DATE HEARINGS • • : . Planning County . Commission. . Co `mmissi oners: 1Y Type I Applications • A. `_ 1st working day 3rd Wednesday Last Wednesday of month . of subsequent subsequent • month month S. 15th of month 1st Wednesday 2nd Monday of . of second second month month 2) Type II Applications A. ist working day : • ist Wednesday of 2nd Monday of • S of month subsequent . subsequent me nth month • 8. 15th of Month 3rd Wednesday Last Wednesday of subsequ ent :Of subsequent '. . month month 3) : Type III Application; . gdayWednesday Last 'Wednesday 1st 'wortcir� .3rd. Wednt of month.. of Safi* month of same month -8. 15th of .month ' ' 1st Wednesday 2nd Monday of • of subsequent subsequent . . . -: month . : .. month • • 214 4) Type IV :Applications , DUE DATE HEAR INS Planning Zoning Board Commissionof Adjustment d ustiment 1st day of month 1st Wednesday 2nd Monday of subsequent of subsequent month month 2. 25. 04 SCHEDULE OF, FEES 1) Application for Special Use Permit 50. 00, Commercial or Industrial Uso 100. 00' _. . 2) :Application for Amendment to Regulations .:.' . . .. 50. 00 . 3) Application for Zone District. Amendment` . `< ; .. Basic Fee plus . . . . . 50. 00 us Commercial trial or Commer ial Use. 200. 00 0-50 units 50:•00 100-200 units ..: 100. 30 Greater than 200 units. . 20.0. 00 4) Application for Development of Mobile, iae Park or Camper Park — per space . : 10..(30 5) Application for Mobile Home or Camper :Park,;::<><:.. Annual License — per space. 3. 00 . 6) Application for Planned Unit Development (F�: tU. 2):: ). Basic Fee Additional Fees.:.: Sketch Plan . . $ 300. 00 $ 5..00/d..u. • Prel iminary Plan . 300. 00 10. 00/d. u. 7.) Application for Variance;.from a provision. of this Resolution, . . 35: 00. 8) Subdivisions • Basic Fee Additional Fees Sketch Plan . $ 50. 00• 4 5. 00%r.esident;iel unit..:' & commercial-'or -... : industrial lob • • Pre:,iminary Plan: 100: 00•` 10. 00/r..esidentia. unit. , .. & commercial or industrial .lot', Final**4. , 100. 00 '3: 00/residentia►l .unit: & commercial .-or industrial lot Minor; 150: 00 ; `. *** ;:or the: recording of the Final P'a,t :-• an additi'onal fee of. $10. 00 per page for the: pls* and $3. 00 per . .. . page for any other document recorded is required.. i 215: ).:. Exemptions 50. 00 • Subdivision Variances (charged only when .applied for separately ). 50. 00.. Maximum-Fee . 7. 500. 00 Whe n a; Spetial Use Permit application accompanies 'a Sketch Plan or. Zone District submittal, the Special :Use+ . application fee shall be Waived. Application fees:-shell be payable. .by cash or check made the order of 'EAAUE COUNTY and shall be submitted ` With` • the application to the Department of Community :Development: Recording fees. for the Final Plat are to be paid: prior to' the recording of the Final' Plat. • S AP PFI�TDI CES Appendix A : - Subdivision Summary .Por Appendix $ Certificate of Dedicationand:Ownership Appendix C -'. Title Certificate` Appendix D Surveyor's. Certificate Appendix E Approval: Block for Planning Commission Appendix F - Approval :Block :for ;Board of County •:Commissioners Appendix :G - Clerk and :4ecorder's Certificate Appendix H Treasurer'`s Certificate of Taxes`??aid ;-Pursuant to Section. 2;19.01(h°) of :Chapter II, the certificates .. and notices as found in Appendices B through H °`shall be required`:. :. • . on any final plat. •Such certificates and notices may be:. modi fied .to suit :special circumstances or other conditions which Warrant the same, subject :to the approval of the Board of County_: Co missioners. APPENDIX A Subdivision Summary Form (1) Name .of Subdivision (2) Type of Application Sketch. Preliminary Final Plat Minor Waiver :(3) Property Owner Name • :Address Daytime Telephone Number (4) :Surveyor. Name Address; • Daytime Telephone Number (5) Applicant Name Address Daytime Telephone Number (6) Name or Location of Subdivision Lot Block Subdivision Township Range .: Section (7) Zone District -(8) Project Information Housing Type Number of Lots: Number of Units Single Family Dup.:ex Mull i, Family _ • (9) Total Number of Dwelling Units • (10) Total Acreage of Parcel (11) Proposed Access to Site . (12) Proposed Source of Water (13) Proposed Method of Waste Disposal (14) Contiguous Property Owners (Only necessary for Sketch and Preliminary Plans) Name Address Name Address Name . Address Name Address (If more space is needed, please attach separate sheet) (15). Owners of Subservice Mineral Rights (only necessary for Sketch and Preliminary Plans) • Name Address Name Address Name Address (If more space is needed, please attach separate sheet) (16) Lessees of Subservice Mineral Interests (only necessary for Sketch and Preliminary Plans) Name Address Name Address Name Address (If more space is needed, please attach a separate sheet) (17) Mortgage or Lienholder fame Address Name Address Name Address (If more space is needed, please attach a separate sheet) (18:) Twenty-two copies of Sketch and Preliminary Plans; five. IIIcopies of Final Plats, Minor Subdivision, and Waiver Applications; and three copies of protective covenants declaration, party wall agreement or other restrictions placed on the subdivision must be submitted For Final Plats and Minor Subdivision, a corrected and signed Mylar,. and a signed copy of protective covenants, declaration, party wall agreement or other restrictions must be re- ceived at least seven (7) days prior to the Planning Commission. hearing. The above information is correct and accurate to the best of my knowledge. Signature Date FOR. OFFICIAL USE: Received by:; Date: Accepted for the.Planning Commission Review meeting of, Review Fee Paid Recording fee Receipt Number • • • APPENDIX B • Certification of Dedication and Ownership 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: I• 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 improve- ments 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 indicated as easement on the ac- companying plat as easements for the purpose shown hereon; 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 Li.enholder • ld Mortgagee or, Li enho er STATE OF COLORADO) ) oz C;JATY OF EAGLE ) The foregoing Certificate of Dedication. and Ownership was acknowledged `before me;:this: . day of , A D, 19 ...$ by ' Comaniss itn .expires.. #itness.,'my lad and .official seal. ,notary Public . ($ ) i LJ, y5 does hereb7 certify that. h have exam .ned the Title: to all lands shown: upon 'this. Plat . +at Title to such lands is vested :'in free and clear of' al l c 8ns, taxes and sncumbrances, except as follows: • .Dated thi day of i • r APPENDIX D • 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 a true, correct and complete Plat of the 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 saia sub- division as the same are staked upon the ground in compiance:. with applicable regulations governing the subdivision of laid. In Witness:whereof I have set my hand .and'•seal this day of A.D. 19 Registered Land Surveyor • APPENDIX E .. Plaflni tg Coa�issioa Cert3f irate 3a Tia.: final :plat app o ed by the Eagle County Planning •` t os 4!ibn tbis „ , ;,, day .of __,••A• D. -•19 Chai rmaa Eagle County, Pu nnio Cotiomiseion . r . ' 1 • ..,•,. , .2...,..., . _.--:,-,,•-:-....-,,..... .,...:::....... .:,,:.----.-- .-:-,..- . . ' .:'•:.. ...„1. -..,,:...,':.,••....,--,...::::••,-....-•::. •"., ',....„i.,.:„: : .....•••••?,...:':.•;•-...•.,..•.•':'. ,-.'-•:?.;:.;,...2,..2,-:...•":":-..-- : ,..,•::...•:-;.',.;•:;;\,•.'''':':''','•••;':;•';'-.1-. ' County Commissioner'3 Certificate • • This Plat approved by the Board of County Commissioners of Eagle County,;Colorado this day of A.6. 19. for filing with the Clerk andRecorder of: • Eagle County..and 'for con''eyance' to the County of the public dedications :shown hereon; subject to the ,provision that ap • -proval in .no• way obligates Eagle County for. maintenance of roads dedicated to the public until construction of improve ments 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 under- take maintenance :of 'the. same This approval does not guaran- . tee 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, land ap g , gutters sidewalks, road lighting, road signs,- ,; flood protection "devices, drainage structures, avid all other improvements that may be required shall be the re=► onsibilty of the subdivider and •not the County of, Eagle Chairman .;_ . Board of County:.Commissioners County of Eagle Colorado Witness my .hand and seal of the County of Eagle :. . AT'TE: Clerk to the. Board of County Commissioners, • • APPENDX% G .:-':.:::' :''f.:''''----'''':- •••':''''..:.'''-''''''''''-• • .''-.''''''':- '0 .--•-.:-i.... :".' --::-,,,-r• --".,'„••••:--:,::--:•.-...,.-'•,..' Cierk aaa- Record+er's Certificate shs sad_is_` drily' :rcor • `eaCgle rdked f rrecord in the Oi?ice.:o 'Ti at .w l o'.cloc e 6 ord r-' t_ „ # eded in 'Book , Pa,;a . • _ rs, Clerk and Record• er j By: ' � r Deputy , _ r - kf t -,A J 1 r' 4 • ...• . .2,-.....•:2. •,.:,-;:cf.:--:::--:,..-'•;...:::::.' 1,';'..::---::.'::::...•'••—•'.',. '•'••'-••••••,:--;''.•:::n.:-.- -''''"•:',.)•••'''.:-Ir.:- ..--,•''''-.''' 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Couhty . Vin .. V ti. 0 - , .;.,,:,-...... :-.... ,... . . ............,.,, : - .....-,y,•:-.-.,:-•.'-.••••;,1,-..:-....':•••••-';'; :•-•-,:::,•'•7J'.., -'-.;•....--...: ---•''.••.--....--.--;•.•.'..:".: :•••....•••.•;:.,...:„•::::::: ::...;:,,:.-.-..• ....,-:,.„',:•••••'.'"..:!_•:;:•••;;;i:•.-4%-,f•.:••;::-::-...•,.. .,:';::•:,r,,_ :•.,•:,-..'',ii:.i:="-,,•....,:.:'..- S