HomeMy WebLinkAboutR05-017 Amending Land Use Regulations - Floodplain Management, Drainage and Grading LUR-00051
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commissione/~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 - U Ir-
.
IN THE MATTER OF AMEN'DING THE EAGLE COUNTY LA:t\TD USE REGULA nONS,
TO INCORPORATE LANGUAGE PERTAINING TO FLOODPLAIN MANAGEMENT,
DRAINAGE AND GRADING
File Number LUR-00051
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado
(hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not
limited too, c.R.S. 30-28-101. et seq., to plan for and regulate the use and development to land in
unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting
health, safety, convenience, order, prosperity, and welfare ofthe present and future inhabitants of
the County of Eagle; and
WHEREAS, pursuant to such authority, the Board has adopted zoning, subdivision, and
building regulations, which regulations have been incorporated into one comprehensive
document entitled "Eagle County Land Use Regulations" (hereinafter the "ECLUR"), pursuant
to Resolution No 82-26, and as subsequently amended; and
WHEREAS, C.R.S. 30-28-116, and Section 5-230 of the ECLUR, respectively, provide
that, from time to time, the Board may amend the number, shape, boundaries, or area of any
district, or any regulation of or within such district, or any other provisions ofthe County's
Zoning Resolution; and
WHEREAS, C.R.S. 30-28-133, and Section 5-230 of the ECLUR, provide for the
adoption and amendment of subdivision regulations by the Board; and
WHEREAS, On or about October 1,2004, the Eagle County Department of Engineering
initiated proposed amendments to Chapters II, III and VI of the ECLUR, in order to make three
changes to the LURs. The first is to adopt new floodplain maps of the Colorado River, Eagle
River and Roaring Fork River. The second is to amend and move floodplain regulations to the
zoning ordinance. The third is to clarify several elements of the drainage and grading
regulations; and
WHEREAS, the Eagle County Planning Commission reviewed the proposed
amendments on December 1, 2004, and certified their comments and recommendations with
respect thereto to the Board;. and
1
COmmiSSiOne~ moved adoption
of the folIo ing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 - 0 / ~
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS,
TO INCORPORATE LANGUAGE PERTAINING TO FLOODPLAIN MANAGEMENT,
DRAINAGE AND GRADING
File Number LUR-00051
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado
(hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not
limited too, C.R.S. 30-28-101. et seq., to plan for and regulate the use and development to land in
unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting
health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of
the County of Eagle; and
, WHEREAS, pursuant to such authority, the Board has adopted zoning, subdivision, and
building regulations, which regulations have been incorporated into one comprehensive
document entitled "Eagle County Land Use Regulations" (hereinafter the "ECLUR"), pursuant
to Resolution No 82-26, and as subsequently amended; and
WHEREAS, C.R.S. 30-28-116, and Section 5-230 of the ECLUR, respectively, provide
that, from time to time, the Board may amend the number, shape, boundaries, or area of any
district, or any regulation of or within such district, or any other provisions of the County's
Zoning Resolution; and
WHEREAS, c.R.S. 30-28-133, and Section 5-230 of the ECLUR, provide for the
adoption and amendment of subdivision regulations by the Board; and
WHEREAS, On or about October 1, 2004, the Eagle County Department of Engineering
initiated proposed amendments to Chapters II, III and VI of the ECLUR, in order to make three
changes to the LURs. The first is to adopt new floodplain maps ofthe Colorado River, Eagle
River and Roaring Fork River. The second is to amend and move floodplain regulations to the
zoning ordinance. The third is to clarify several elements of the drainage and grading
regulations; and
WHEREAS, the Eagle County Planning Commission reviewed the proposed
amendments on December 1, 2004, and certified their comments and recommendations with
respect thereto to the Board; and
1
WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the
proposed amendments on December 2, 2004, and certified their comments and recommendations
with respect thereto to the Board; and.
WHEREAS, after the public notice was given pursuant to law, the Board held public
hearings to consider comments on such proposed amendments on January 4,2005, in the Board
of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and
WHEREAS, based on evidence, testimony, exhibits and study of the Master Plan for
unincorporated areas of Eagle County, comments of the Eagle County Engineering Department,
comments of public officials and agencies, recommendation of the Planning Commissions and
comments from all interested parties, the Board hereby determines that the proposed
amendments to Chapters II, III and VI of the ECLUR are necessary and proper for the protection
of the public health, safety, welfare and best interest of the inhabitants of the County of Eagle,
State of Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the proposed amendments have been referred to the appropriate municipalities
and agencies for their advisory opinions; the appropriate hearings have been conducted after
proper notice; and there has been compliance with all applicable standards for amendment
contained within the ECLUR.
THAT, Chapters II, III and VI of the ECLUR are hereby amended effective January 4,
2005, to read as set forth in Exhibit A attached hereto and incorporated herein by this reference,
with Chapter VI, Section 6.06 being stricken in its entirety. All pending land use applications
shall be bound to the terms and conditions of these amendments as of the effective date.
THAT, this amendment of Chapters II, III and VI of the ECLUR shall not constitute nor
be construed as a waiver of any violations existing at the time of adoption of this Resolution.
THAT, the Director of Community Development is hereby directed to transmit a true and
correct copy ofthe Eagle County Land Use Regulations, as amended to the Colorado Land
Commission.
THAT, should any section, clause, provision, sentence or word of this Resolution,
including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the Resolution as a whole or any parts thereof, other
than the part so declared to be invalid. For this purpose, this Resolution is declared to be
severable.
THAT, except as expressly altered, modified and changed in this Amendment, all terms
and provisions of the ECLUR shall remain in full force and effect, and hereby ratified and
confirmed in all respects as of the date hereof.
2
THAT, this Resolution is necessary for the public health, safety, and welfare of the
inhabitants of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 8th day of February, 2005,
nunc pro tunc to the 4th day of January, 2005.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:
Clerk to the Board of
County Commissioners
Peter F. Runyon, Commissioner
Commissioner ~ seconded adoption of the foregoing
resolution. The roll having been called, the vote was as follows:
Commissioner, Tom C. Stone ~
Commissioner, Peter F. Runyon ~
Commissioner, Am M. Menconi
:;/~
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
3
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Chapter II
Article 2
EXHIBIT
i 1=1-
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ARTICLE 2
DEFINITIONS - EAGLE COUNTY
ARTICLE 2
DEFINITIONS
TABLE OF CONTENTS
PAGE
Section 2-100. Purpose ....................................... ................................................................................................. 2-1
Section 2-110. Definiti ons . ............................................................................................................................. ...... 2-1
LAND USE REGULATIONS 2-i EAGLE COUNTY, COLORADO
Article 2; January 4, 2005
ARTICLE 2
DEFINITIONS
SECTION 2-100. PURPOSE
The purpose ofthis Article is to define words, terms and phrases contained within these Land Use Regulations.
SECTION 2-110. DEFINITIONS
The following words shall have the following meanings when used in these Regulations.
ACCESS means the place, means or way by which pedestrians and vehicles obtain usable ingress and egress to
a property, use or parking space. All required means of access shall comply with the applicable standards of
these Land Use Regulations.
ACCESSORY BUILDING means a building located on the same lot as the principal building to which it is
accessory that is clearly incidental, subordinate, secondary and devoted which is customarily found in
conjunction with the principal building. See separate definition of garage.
ACCESSORY DWELLING UNIT means a dwelling unit that is accessory to the principal use of the
property and is designed and intended for occupancy by the caretaker of said property, persons who live and
work in Eagle County, or relatives and guests of the occupants of the principal use of the property.
ACCESSORY USE means a use located or conducted upon the same lot as the principal use to which it is
accessory that is clearly incidental, subordinate, secondary and devoted to the principal use, and is customarily
found in conjunction with the principal use. For example, gardens, recreational activities and raising of pets
are accessory uses customarily found in conjunction with residential uses. An accessory use shall not be a use
that is designated in the use schedule as being prohibited in the zone district in which it is located.
ADJACENT PROPERTY, as used for the purposes of meeting public notice requirements as set forth in
these regulations, means the property touching any part of the property which is the subject ofthe application.
If an adjacent property is a public road, trail, or right-of-way, railroad right-of-way, stream, or river, the
adjacent property shall also be the property on the opposite side of it.
(am 9/27/99)
ADULT ENTERTAINMENT USE means an establishment consisting of, or having the characteristics of,
any or all of the following:
1. Adult Bookstore means an establishment having a substantial or significant portion of stock-
in-trade books, magazines, publications, tapes, or films that are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical
genital areas.
LAND USE REGULATIONS 2-1 EAGLE COUNTY, COLORADO
A rtide 2; January 4. 2005
2. Adult Club or Cabaret means an establishment devoted to adult entertainment, either with
or without a liquor license, presenting material distinguished or characterized by an emphasis
on matter depicting, describing, or relating to sexual activities or anatomical genital areas or
which features topless or nude dancers, strippers or similar entertainers for observation by
patrons.
3. Adult Motion Picture Theatre means an enclosed building used for presenting motion
pictures or audio-visual displays distinguished or characterized by an emphasis on matter
depicting, describing, or relating to sexual activities or anatomical genital areas.
AGRICULTURAL BUILDING means a structure designed and constructed to house farm implements, hay,
grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation.
AGRICULTURE means farm or ranch uses, as defined in 39-1-102 C .R. S., including buildings for shelter of
farm or ranch animals or property primarily employed in any of the above uses. An agricultural use may
include those activities necessary to operate the agricultural business, however, processing of agricultural
products shall only be permitted when allowed in the underlying zone district and when specifically approved
for the subject property.
AIRCRAFT LANDING STRIP means a private facility for accommodation and servicing of aircraft.
AIRPORT means a public facility for accommodation and servicing of aircraft.
1. UTILITY AIRPORT means a basic or general utility airport, as defined by the Federal
Aviation Agency.
2. AIR CARRIER AIRPORT means an air carrier airport, as defined by the Federal Aviation
Agency.
ALLEY means a public right-of-way providing secondary access to a property that is not intended for general
travel.
APPEAL means a request for a review of the County's interpretation of any provisions of this regulation. (am
1/4/05)
APPURTENANT FACILITY means any building, structure or other property that is clearly incidental to and
customarily found in connection with major facilities of public utilities, including, but not limited to metering
stations, storage buildings, fences and compressor stations.
AQUATIC ECOSYSTEMS means rivers, streams, lakes, ponds, springs and seeps.
AREAS AND ACTIVITIES OF STATE INTEREST means those areas and activities which the State of
Colorado has authorized local governments to designate from the following list:
LAND USE REGULATIONS 2-2 EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
1. Areas of State Interest as Determined by Local Government.
a. Mineral resource areas;
b. Natural hazard areas;
(1) Floodplains
(2) Wildfire hazard areas
(3) Geologic hazard areas
c. Areas containing, or having a significant impact upon historical, natural, or
archaeological resources of statewide importance; and
d. Areas around key facilities in which development may have a material effect upon
the key facility or the surrounding community.
2. Activities of State Interest as Determined by Local Government.
a. Site selection and construction of major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment
systems;
b. Site selection and development of solid waste disposal sites except those sites
specified in Section 25-11-203(1), C.R.S. 1973, and except sites designated pursuant
to Part 3 of Article 11 of Title 25, C.R.S. 1973;
c. Site selection of airports;
d. Site selection of rapid or mass transit terminals, stations, and fixed guideways;
e. Site selection of arterial highways and interchanges and collector highways;
f. Site selection and construction of major facilities of public utility;
g. Site selection and development of new communities;
h. Efficient utilization of municipal and industrial water projects; and
i. Conduct of nuclear detonations.
LAND USE REGULATIONS 2-3 EAGLE COUNTY, COLORADO
. Article 2; January 4. 2005
ARTICLE2: DEFINITIONS 2-110. DEFINITIONS
AREAS OF SPECIAL FLOOD HAZARD means the land in the floodplain within a community subject to
one percent or greater chance of flooding in any given year. (am 1/4/05)
A TTIC means that part of a building that is immediately below and wholly or partly within the roof framing.
An attic that is less than five (5) feet in height shall be considered non-habitable.
A V ALANCHE HAZARD AREA means an area where a mass of snow or ice and other material that may get
incorporated therein moves rapidly down a mountain slope with a predictable recurring frequency over time
and at a predictable impact pressure.
BALD EAGLE ROOST SITE means a perch or resting place for the bald eagle that offers ease of access and
good visibility for foraging. Bald eagle roost sites are located in tall trees with perches within riparian areas,
and are used winter after winter by bald eagles.
BASE FLOOD means a flood having a one percent (1 %) chance of being equaled or exceeded in any given
year. (am 1/4/05)
BASE FLOOD ELEVATION is the height of the base flood, in relation to the North American Vertical
Datum of 1988 as referenced on the Flood Insurance Rate Maps. (am 1/4/05)
BASEMENT means any floorlevel that is six (6) feet or more below grade for more than fifty (50) percent of
the building.
BED AND BREAKFAST means a dwelling unit in which overnight accommodations and a morning meal are
provided only to guests of the facility for compensation.
BERM means a mound of earth used to screen or separate one area from another to reduce visual, noise and
similar impacts. Berm may also mean the act of pushing earth into a mound.
BIGHORN SHEEP MIGRATION PATTERNS means the routes bighorn sheep use to migrate between
summer ranges and winter ranges.
BIGHORN SHEEP PRODUCTION AREAS means those lands on which pregnant female bighorn sheep
give birth to their young in the mid to late spring. Bighorn sheep production areas are undisturbed areas
inhabited by female bighorn sheep that contain free-flowing water and sufficient food. These areas also offer
good hiding cover by providing an ample understory oflow-lying vegetation and by being closely associated
with steep terrain and rocky ledges.
BIGHORN SHEEP WINTER CONCENTRATION AREAS means those areas in Eagle County that
because of their slope, aspect, elevation and vegetation, including cover, are capable of providing bighorn
sheep sufficient food and cover (habitat) to survive the most difficult winter months of average winters. In
Eagle County, densities of bighorn sheep in winter concentration areas are twice as great as those in winter
ranges in the average five (5) winters out often (10).
EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
BOARD means the Board of County Commissioners of Eagle County, Colorado.
BOARDIi~G STABLE means a structure designed for the feeding, housing and exercising of horses not
owned by the owner of the premises and for which the owner receives compensation.
BUILDING means any structure used for shelter or enclosure of persons, animals or property. A building
shall comply with the Building Resolution, as adopted by Eagle County. A building used for shelter or
enclosure of persons shall be one (1) ofthe following:
1. CONVENTIONAL BUILDING means a building constructed or erected on the lot or
building site in a conventional manner using individually assembled or unassembled building
materials, that shall be less than the entire building or major portion thereof.
2. MODULAR, PREFABRICATED OR FACTORY-BUILT BUILDING means a building
erected on the lot or building site using prefabricated or preassembled component building
parts that shall comprise the entire building or major portion thereof.
BUILDING ENVELOPE means that portion of a lot within which all buildings are confined. A specified
Building Envelope does not alter setbacks.
BUILDING FRONT means a measurement of the horizontal distance, made at the structural foundation or
building line at finished grade, of that building elevation that most closely parallels the front lot line.
BUILDING HEIGHT is defined on the following illustrations:
LAND USE REGULATIONS 2-5 EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
STEPPED OR TERRACED BUILDINGS
The building height of a stepped or terraced building on a lot with an average slope in excess of fifteen (15)
percent shall be measured as the maximum height of any building segment from natural or finished grade
(whichever is more restrictive) at any point directly above that grade location. A building segment is a portion
of the building that contains one-third of that building elevation being measured. A stepped or terraced
structure shall not exceed the maximum height of the underlying zone district, plus, either (a) the maximum
grade differential to the lowest point of grade within five (5) feet of the structure or (b) ten (10) feet, whichever
is less.
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EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
BUILDING HEIGHT CALCULATIONS FOR LOTS HAVING AN AVERAGE
SLOPE OF LESS THAN THIRTY (30) PERCENT.
Building height means the distance measured vertically on all sides of a structure, from the natural or finished
grade (whichever is more restrictive) of any given point to a point directly above that location that is: (a) the top
of a flat roof, or mansard roof; or (b) the midpoint between the eave line and the peak of a gable, gambrel, hip
or shed or similar pitched roof; or (c) the peak of any roof that exceeds a slope of a twelve to twelve (12:12).
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EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
BUILDING HEIGHT CALCULATIONS FOR LOTS HAVING AN AVERAGE
SLOPE OF THIRTY (30) PERCENT OR GREATER.
Building height means the distance measured vertically on all sides of a structure, from the natural or finished
grade (whichever is more restrictive) at any give point to a point directly above that location that is: (a) the top
of a flat roof, or mansard roof; or (b) the midpoint between the eave line and the peak of a gable, gambrel, hip,
shed or similar pitched roof; or (c) the peak of any roof that exceeds a slope of a twelve to twelve (12:12). The
measurement of three (3) sides may exceed the maximum building height allowable for the zone district in
which the building is located by a maximum of twenty-five (25) percent.
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EAGLE COUNTY, COLORADO
Article 2; January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
BUILDING HEIGHT CALCULATIONS FOR
BUILDINGS INCORPORATING UNDERGROUND PARKING
For buildings incorporating underground parking, height shall be measured using the applicable definition
above, provided, that for portions of the structure where the vertical distance between the top of the foundation
wall and grade is more than twenty-four (24) inches and this portion of the structure has an opening
exclusively for vehicle access, the grade within six (6) feet of that opening shall be used to determine building
height. The opening for vehicular access shall not exceed a maximum width of sixteen (16) feet for multi-
family residential uses, twenty (20) feet for commercial uses and twenty five feet for industrial uses. There
shall be a maximum of two (2) such openings per building.
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LAND USE REGULATIONS 2-9 EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
BUILDING, TEMPORARY means any building or structure for which the location, occupancy or use shall
not exceed six (6) months, unless the duration of its location, occupancy or use has been otherwise limited,
pursuant to Section 5-250, Special Uses.
CAMPER VEHICLE OR CAMPER TRAILER means any vehicle or portable structure constructed to be
transported on or towed behind a vehicle and designed to permit temporary occupancy. It shall be considered
self-contained if it includes a toilet and a bath or shower.
CAMPGROUND means an establishment that provides overnight or short term sites for two (2) or more tents
or camper vehicles for recreation, education or vacation purposes. Continuous occupancy of a campground by
a person for a period of in excess of two (2) weeks shall be prohibited.
CARET AKER means a person who is not the owner of the land but who is employed by the owner to
maintain the land and structures on it.
CEMETERY means property used for the inten-ing of the dead. A cemetery may include a mausoleum,
mortuary or similar related uses.
CENTRAL COLLECTION OF SEW AGE means the transmission of all liquid wastes from five (5) or more
residential, commercial and/or other sources to an adequate facility for primary, secondary or tertiary treatment,
and appropriate reutilization or disposal.
CHANGE IN CIRCUMSTANCES OR CONDITIONS means that the land uses, public facility capacity, or
environmental and/or wildlife characteristics impacting or sun-ounding a development proposed in an
application for development permit have changed in such a way that it would influence, or have an affect on,
the consideration of the application.
CHANNEL means a natural or artificial water course of perceptible extent with definite bed and banks to
confine and conduct continuously or intermittently flowing water. (am 1/4/05)
CHURCH means a building or group of buildings that by design are primarily intended for conducting
organized religious services and associated accessory uses.
LAND USE REGULATIONS 2-10 EAGLE COUNTY, COLORADO
Article 2; January 4, 2005
CLEAR VISION AREA is defined by the following illustration:
CLEAR VISION AREA
Clear vision area means a triangular area on a lot at the intersection of two (2) streets or a street and a
railroad, two (2) sides of which are lot lines, measured from the corner of the intersection of the lot lines for a
thirty (30) foot distance. The third side of the triangle is a line across the corner of the lot joining the ends of
the other two (2) sides. Where the lot lines at intersections have rounded corners, the lot lines shall be
extended in a straight line to a point of intersection. A clear vision area may also be identified in these
Regulations as an "intersection clear zone" or as a "sight triangle at intersections."
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LAND USE REGULATIONS 2-11 EAGLE COUNTY, COLORADO
Article 2; January 4. 2005
ARTICLE 2: DEFINITIONS 2-IIO. DEFINITIONS
CLUSTER DEVELOPMENT is defined by the following illustration:
CLUSTER DEVELOPMENT
Cluster development means a concentration of development in one (1) or more limited areas of an entire
ownership, within lots that are smaller than the minimum required lot area in the underlying zone district, so
the development can preserve those portions of the property that provide valued environmental resources and
avoid those areas that are subject to natural hazards, as identified by these Regulations.
EAGLE COUNTY, COLORADO
Article 2; January 4, 2005
ARTICLE 2: DEFINITIONS 2-110, DEFINITIONS
COMMISSION means either the Eagle County Planning Commission, a Regional Planning Commission, or
both, depending on the context in which the tenn appears in these Regulations.
1. Eagle County Planning Commission. Eagle County Planning Commission means the
countywide planning commission established pursuant to C.R.S. 30-28-103(1).
2. Regional Planning Commission. Regional planning commission means a commission
estab lished by any municipality within the borders of Eagle County or by the Board of County
Commissioners, pursuant to C.R.S. 30-28-105(1).
COMMON AREAS means areas associated with commercial or multiple family buildings that are intended
for public gathering, such as lobbies, lounges, entries, patios, decks, etc.
COMMUNITY BUILDING means a building owned or operated by a governmental agency or a non-profit
community organization for the purpose(s) of holding an event which is of civic or public benefit.
COMMUNITY CENTER means those lands in unincorporated Eagle County that are established and
recognized as being residential and commercial activity centers or that have been designated on the Future
Land Use Map (FLUM) of the Eagle County Master Plan as being appropriate to become such activity centers.
COMPOST means microbiologically degraded organic matter in de-watered sludge under aerobic conditions
resulting in a stable humus-like material.
COMPOST FACILITY means a site where compost is processed.
COMPREHENSIVE SIGN PLAN means a plan indicating the size, height, text, color and location of the
signs that each business will be allowed to display; including directory signs, building identification signs and
any informational signs and displays. A sign application for any single sign in a multi-use building or lot shall
conform to the approved comprehensive sign plan for that building or lot (i.e., color, location, material, etc.).
CONDOMlNIUM SUBDIVISION means a subdivision in which the interests created are separate fee simple
estates, in individual air space units of a multi-unit property, together with undivided fee simple interests in
common elements as defined in Section 38-33-101 ~ seq., C.R.S. 1973, as amended.
CONSTRUCTION AND DEMOLITION DEBRIS FACILITY means a discrete area of land or an
excavation that is designated for the final disposal of solid waste, such as lumber, bricks, concrete, sheetrock
and similar materials, that result from the construction or demolition of a building or stmcture.
CONTIGUOUS means sharing a common border at more than a single point of intersection and in such a
manner that the shared boundaries are touching. Lands that are separated by a right-of-way that is dedicated in
fee simple shall not be considered to be contiguous. Lands that touch at points of intersection shall also not be
considered to be contiguous.
CONTRACTOR'S STORAGE YARD means a parcel ofIand, or portion thereof, used for the purpose(s) of
storing construction materials, equipment, vehicles or machinery, that are not, or will not be used on said
EAGLE COUNTY, COLORADO
Article 2: January 4. 2005
ARTICLE 2: DEFINITIONS 2-I10. DEFINITIONS
parcel. The materials, equipment, vehicles or machinery may be stored within a building or shall be
surrounded on all sides by a fence, wall, landscaping in combination with fencing, or other opaque screen of at
least six (6) feet in height.
COUNTY means Eagle County, Colorado.
CRA WL SPACE means an area on the lowest level of a structure that shall have a ceiling height ofless than
five (5) feet, measured from the surface ofthe earth or floor system to the underside ofthe structural members
of the floor directly above.
CRITICAL FLOODPLAIN FEATURE means an integral and readily identifiable part of a flood protection
system without which the flood protection provided by the entire system would be compromised. (am 1/4/05)
CRITICAL WILD LIFE HABIT A T means (1) migration patterns and corridors, winter concentration areas,
severe winter ranges, and production areas of elk, (2) migration corridors, staging areas, winter concentration
areas, severe winter ranges and winter ranges of mule deer, (3) migration patterns, winter concentration areas
and production areas of bighorn sheep, (4) roost sites of bald eagles, (5) nest sites of golden eagles, (6) nest
sites of peregrine falcons, (7) production areas of sage grouse, and (8) occupied habitat of lynx.
CUSTOMARY ACCESSORY RESIDENTIAL USES means buildings for shelter or enclosure of property
or domestic animals commonly associated with residential uses, fences, and hedges, gardens, walls and similar
landscape features.
DAY CARE CENTER means a residence or facility that provides regular care and supervision, for an entire
day or a portion of a day, for seven (7) or more children who are not related to the owner, operator or manager
thereof, whether such facility is operated with or without compensation for such care. A day care center shall
comply with all applicable standards for child care centers of the Colorado Department of Social Services.
DAY CARE HOME means a residence or facility that provides regular care and supervision, for an entire day
or a portion of a day, for more than two (2) but not more than six (6) children from birth to sixteen (16) years
of age who are not related to the owner, operator or manager thereof, whether such facility is operated with or
without compensation for such care. Care also may be provided for no more than two (2) additional children
of school age attending full-day school. Residents of the home under twelve (12) years of age who are on the
premises and all children on the premises for supervision are counted against the approved capacity. A day
care home shall comply with all applicable standards for child care centers of the Colorado Department of
Social Services.
DEBRIS FAN means areas of possible recurrent flooding, debris flows and hydrocompaction.
DEBRIS FAN FLOODPLAIN means a floodplain located on niangular-shaped landform formed by
deposition of water-transported rock fragments, soil and other debris where a tributary stream flows onto the
floor of a larger trunk stream valley. (am 1/4/05)
DEPARTMENT means the Eagle County Department of Community Development.
EAGLE COUNn COLORADO
Article 2, January 4. 2005
D ESIGNA TED FLOOD PLAIN means the area designated as a floodplain by official action of the Board of
County Commissioners with the prior concurrence of the Colorado Water Conservation Board as prescribed by
statute. (am 1/4/05)
DEVELOPABLE LAND means net land available for building or other development Developable land
specifically excludes land that is under water or is located within the one hundred (100) year floodplain.
DEVELOPER means a legal or beneficial owner of any land proposed for inclusion in a development,
including a lessee, optionee, or contract purchaser.
DEVELOPMENT means any of the following activities that require some form of development permit
pursuant to these Land Use Regulations: I) the subdivision of a parcel of land into two (2) or more lots or
divisions; 2) the construction, reconstruction, conversion, expansion, or structural alteration, relocation, or
enlargement of any buildings, structures, or accessory structure; 3) any use or change in use of any buildings,
land, or water; 4) any clearing, grading or other movement of land of a nature or dimension; 5) any mining,
dredging, filling, grading, paving, excavating, piling channel rectification, road or bridge construction, or
drilling operations. (am 1/4/05)
DEVELOPMENT PERMIT means an amendment to the Zoning District Map, a Conceptual/Preliminary
Plan for PUD, a Sketch Plan/Preliminary Plan for Subdivision, a Final Plat for Subdivision, a Special Use
Permit, a Variance Permit, a Certificate of Zoning Compliance, a Building Permit, Floodplain Permit or any
other official action of Eagle County having the effect of permitting the development of land. (am 1/4/05)
DISTRIBUTION CENTER means an establishment engaged in the receipt, storage and distribution of goods,
products, cargo and materials, including trans-shipment by motor vehicles, rail, air or boat
DRY WASH CHANNEL means natural passageways or depressions of perceptible extent containing
intermittent flow. (am 1/4/05)
DRY WASH FLOODPLAIN means an area subject to sudden overflow of floodwater or flood borne debris
from a dry wash channel. (am 1/4/05)
DWELLING means a building or portion thereof used for human occupancy.
DWELLING UNIT means one (1) or more rooms in a dwelling occupied by a family living independently of
any other family and having not more than one (1) indoor kitchen facility that is limited to the use of the
family. It also means one (1) or more rooms in a dwelling occupied by multiple housekeeping units living
independently from any other housekeeping units and having not more than one (1) indoor kitchen facility that
is limited to the use of those housekeeping units. A dwelling unit contains human living facilities, including
facilities for sleeping, cooking and sanitation. A Dwelling unit shall include a mobile home, but shall not
include hotels, motels, clubs, boarding houses, rooming houses, or any institutions, such as an asylum, hospital,
jailor group home, where human beings are housed by reason of illness or under legal restraint Dwelling
units are of the following categories:
1. Single-Family Dwelling, means a building containing a single dwelling unit.
LAND USE REGULATIONS 2-15 EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARITCLE2: DEFINIITONS 2-110. DEFINIITONS
2. Duplex Dwelling means a building containing two (2) dwelling units connected by a common
wall shared by the units, as further defined in the illustration on the following page, neither of
which are multi-housekeeping-unit dwelling units.
3. Multi-Family Dwelling means a building containing three (3) or more dwelling units, none of
which are multi-housekeeping-unit dwelling units.
4. Multi-Housekeeping-Unit Dwelling means a building containing one (1) or more multi-
housekeeping-unit dwelling units.
EASEMENT means a conveyance or reservation of an incident of ownership in real property for one (1) or
more specific purposes, public or private.
EAGLE COUNTY, COLORADO
Article 2. January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEJ'hVITIONS
DUPLEX DWELLING
Duplex dwelling means a building containing two (2) dwelling units, either side-by-side or in an over-and-under
(stacked) configuration that appears to be a single, integrated structure. In the side-by-side configuration, the
units shall be totally separated from each other by an un-pierced wall extending from ground to roof. In the
over-and-under configuration, the units shall be totally separated from each other by an un-pierced ceiling and
floor extending from exterior wall to exterior wall. A duplex dwelling may also be identified in these regulations
as a "two (2) family dwelling."
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EAGLE COUNTY. COLORADO
Article 2. January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
EDUCATIONAL FACILITY means public schools, non-public schools, colleges and universities,
proprietary schools and schools administered and operated by the State. The following definitions shall apply
to the various types of educational facilities:
1. PUBLIC SCHOOLS means those schools administered by legally organized school districts.
2. NON-PUBLIC SCHOOLS means all private, parochial and independent schools which
provide education for compulsory school age pupils comparable to that provided in the public
schools of the State.
3. COLLEGES OR UNIVERSITIES means such educational facilities under charter or
license from the State of Colorado.
4. PROPRIETARY FACILITIES means all privately owned and managed educational
facilities, which may include but not be limited to, art, church, business colleges, trade
schools, church camps, residential camps and day camps.
ELECTRIC POWER GENERATION FACILITY means any electric energy generating facility with
generating capacity of ten (10) megawatts or more, and any appurtenant facilities thereto.
ELECTRIC POWER TRANSMISSION LINE means any power line designed for or capable of the
transmission of sixty-nine (69) kilovolts of electricity or greater and which emanates from an electrical power
plant or electric substation and terminates at a substation.
ELK MIGRATION PATTERNS AND CORRIDORS means the routes elk use to migrate between summer
ranges and winter ranges.
ELK PRODUCTION AREAS means those lands on which pregnant female elk give birth to their young in
the early spring. Elk production areas are undisturbed areas inhabited by female elk that contain free-flowing
water, an ample understory oflow-lying vegetation that provides good hiding cover, and sufficient food.
ELK SEVERE WINTER RANGES means those areas that because of their physical characteristics (such as
low elevation, minimum snowpack, or physical barriers either natural or man-made) provide elk sufficient food
and cover (habitat) during the most difficult months (where there is maximum snowpack or minimum
temperatures) of the most severe winters (the worst two [2] winters out often [10)).
ELK WINTER CONCENTRATION AREAS means those areas that because of their slope, aspect,
elevation and vegetation, including cover, are capable of providing elk sufficient food and cover (habitat) to
survive the most difficult winter months of average winters. In Eagle County, densities of elk in the winter
concentration areas are twice as great as those in surrounding winter ranges in the average five (5) winters out
often (10).
ENERGY GRADE LINE means a line showing the total energy of the flow across a section with a reference
to a datum line. (am 1/4/05)
EXPANSIVE SOILS AND ROCK means soil and rock that contains clay and expands or swells to a
significant degree upon wetting and shrinks upon drying.
LAND USE REGULATIONS 2-18 EAGLE COUNTY, COLORADO
Article 2. January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
EXTRACTION, see "Industrial Operations".
FABRICATION, see "Industrial Operations."
F AMIL Y means one (1) or more persons who occupy a single dwelling unit and act as a single housekeeping
unit, together with their customary household servants; or a group of not more than four (4) persons who
occupy a single dwelling unit and who do not act as a single housekeeping unit. In no event shall a family
occupying one dwelling unit exceed the size of one person for each 300 square feet of space in the living
quarters of the dwelling unit.
F ARM/RANCH STAND means a structure for the display and sale of primarily raw farm or ranch products
produced principally upon the farm or ranch on which the stand is located.
FARMERS MARKET means one (1) or more structures for the display and sale of primarily raw farm or
ranch products, located at a site other than the farm or ranch at which the product was produced.
FEEDLOT means a closely confined and contained area for the commercial feeding oflivestock, as contrasted
with grazing, pasturing or winter feeding of livestock.
FLOOD or FLOODING means a general and temporary condition of partial or complete inundation of
normally dry land areas from (a) the overflow of streams, rivers or other inland water bodies, or (b) the unusual
and rapid accumulation or runoff of surface water from any source. (am 1/4/05)
FLOODPLAIN means an area of land periodically subject to partial or complete inundation from a flood.
FLOOD PROOFING means any combination of structural and non structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents. (am 1/4/05)
FLOODW A Y means the high hazard area and encompasses an area which includes the channel of a stream or
other watercourse and any adjacent floodplain areas which are reasonably required to carry and discharge the
floodwaters of a base flood and which must be kept free of development so the base flood can be carried
without an increase in flood height. If the floodway is not identified, it is considered to be identical to the
floodplain. Specifically, a floodway is defined as the stream channel plus any adjacent floodplain areas that
must be kept free of development so the base flood can pass with no more than a 0.5 foot increase in the water
surface elevation or the energy grade line, providing hazardous velocities are not produced for all rivers except
the Roaring Fork River. The floodway for the Roaring Fork River is defined as the stream channel plus any
adjacent floodplain areas that must be kept free of development so the base flood can pass with no increase in
the water surface elevation or the energy grade line. However, for all rivers, in no instance shall the floodway-
flood fringe boundary be closer than twenty-five (25) feet to the natural streambank. (am 1/4/05)
FLOOD FRINGE means the low hazard area encompassing that area between the outer boundary of a
Floodway and the outer limit ofthe 100-year floodplain. (am 1/4/05)
EAGLE COUNTY, COLORADO
Article 2. January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. D~~INI710NS
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community. (am 114105)
FLOOD INSURANCE STUDY (FIS) means the official report provided by the Federal Emergency
Management Agency that includes flood profiles, the flood boundary, floodway boundary and the water
surface elevation of the base flood. (am 1/4/05)
FLOOD-PRONE AREA means an approximate area encompassing the area in and adjacent to a stream or
other watercourse, which is subject to flooding as the result of a base flood, the water surface elevations of
which have not been determined by a detailed engineering study. Such area is equivalent to the "area of
special flood hazards" designated as "Zone A" on Flood Insurance Rate Maps (FIRM) and to "Flood-Prone
Areas" on U.S. Geological Survey Flood-Prone Area Maps. (am 114105)
FLOOR AREA is defined in the illustration on the following page.
FLOOR AREA RATIO (NET) means the relationship of the net floor area to the net developable area of the
lot, expressed as an arithmetic ratio. Floor area, includes all habitable spaces, excluding garages and
mechanical spaces, and is measured from the exterior of the wall and! or foundation. FAR limitations and
calculation methods may differ within certain Planned Unit Developments. (am 3/12/02)
FORESTRY means an establishment primarily engaged in the operation of timber tracts, tree farms, forest
nurseries, the gathering of forest products, or in performing forest services.
EAGLE COUNTY, COLORADO
Article 2, January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
FLOOR AREA CALCULATIONS-
FOR BASEMENTS, HABITABLE ATTICS, AND STAIRWAYS
Floor area means the sum of the gross horizontal areas of all floors of a building measured from the outside of
all exterior walls, including, but not limited to, lofts, stairways, fireplaces, halls, habitable attics, bathrooms,
closets, storage areas and areas of basements which are more than 12 inches above ground. Floor area shall
exclude utility I mechanical areas, cellars, crawl spaces, non-habitable attics, garages or areas designed for
parking or loading within the building. Stairways shall count toward allowable floor area at a rate of one
hundred (100) percent of the area of the stairway on the first level of habitable space, and fifty (50) percent of
the area of the stairway on each subsequent level.
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EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTiCLE 2: DEFINITIONS 2-110. DEFINI71()NS
FRACTIONAL FEE ESTATE means any interest in real property, including condominiums, owned or
leased by five (5) or more persons or entities or any other device including ownership in a corporation,
cooperative, partnership, or joint venture whereby the owners or lessees have formally or informally agreed that
such owners or lessees shall have the preferred or exclusive use during specified periods of time. Any
conveyance of a fractional fee estate or undivided interest by separate deed is within this definition and is to be
regulated hereby. A fractional fee estate shall be deemed to be created upon the marketing, promotion, selling
or offering to sell specified period or periods oftime in one (1) or more residential units.
FRONTAGE means the length of that property line of a lot which abuts a legally accessible street right-of-
way.
GARAGE, private, for residential use means an accessory building, or an accessory portion of a main
building, designed for shelter or storage of motor vehicles which are owned, and operated by the occupants of
the main building. In the FH, RSM, RSL, and RMF zone districts, habitable spaces within garages such as,
offices, bathrooms or other similar uses will be counted towards the property's floor area ratio. In all zone
districts, total garage square footage shall not exceed total habitable space located on the lot. (am 3/12/02)
GOLDEN EAGLE NEST SITE means the bed or receptacle prepared by the golden eagle for its eggs and
young. Generally, golden eagle nest sites occur on cliffs, but trees are sometimes used. Nests are generally
located so that the birds are provided an unobstructed view of surrounding areas, affording maximum foraging
opportunity.
GRADE, FINISHED means the final elevation of the ground level after development.
GRADE, NATURAL means the elevation of the ground level in its natural state, before construction, filling
or excavation.
GROUP HOME means a residential building that is owned and operated by a non-profit organization, or is
owned and operated by an individual or group of individuals who actually reside at and maintain their primary
place of residence in the group home, that:
1. Occupied By Elderly Persons. Is occupied by not more than eight (8) persons who are sixty
(60) years of age or older who do not require skilled or intennediate care facilities; or
2. Occupied By Developmentally Disabled Persons. Contains a state-licensed facility for the
exclusive use of not more than eight (8) persons that are developmentally disabled due to their
having cerebral palsy, multiple sclerosis, mental retardation, autism or epilepsy; or
3. Occupied By Mentally III Persons. Contains a state-licensed facility for the exclusive use of
not more than eight (8) persons that have been determined to be mentally ill as defined and
limited by '30-28-115(b.5), eR.S. No person who has been determined to be not guilty of a
violent offense by reason of insanity or who has been convicted of a felony shall be placed in
a group home.
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEJ7INITIlJNS
4. Occupied by Handicapped Persons. Is occupied by not more than eight (8) persons who are
handicapped as that term is defined by the United States Fair Housing Act, 42 USCA '3601 et
seq.
5. Occupied by Certified or Licensed Child Care Facilities. Contains a certified or licensed
foster care home, residential child care facility or secure residential treatment center, as
defined by '26-6-101, et seq., CRS, or licensed halfway house, as defined by '19-1-103, CRS,
for the exclusive use of not more than eight (8) children.
GROUND SUBSIDENCE means a process characterized by the downward displacement of surface material
caused by natural phenomena, such as removal of subsurface fluids, natural consolidation, or dissolution of
subsurface materials, or by man-made phenomena, such as subsurface mining.
HABITABLE SPACE means any space or area in a structure used for living, sleeping, eating or cooking.
Habitable space shall have a ceiling height of five (5) feet, zero (0) inches or more between the surface of the
earth and/or floor system and the underside of the structural member(s) of the floor directly above.
HELIPORT means an area, either at ground level, or elevated on a structure, licensed by the Federal Aviation
Administration or other appropriate state or federal agency that is approved for the loading, landing and takeoff
of helicopters, that includes auxiliary facilities such as parking, waiting room, fueling and maintenance
equipment.
HELISTOP means a heliport that does not contain any auxiliary facilities.
HIGH WATER MARK means the visible line on the edge of a river, stream, lake, pond, spring or seep up to
which the presence and action of water are so usual and long conditioned (with a recurrence interval often (10)
years or less) so as to create a distinct character with respect to vegetation and the nature of the soil.
HOME BUSINESS means the conduct of a business, occupation or trade as an accessory use entirely within a
residential building or accessory structure for gain or support by residents of the dwelling and employees
residing off-premises, that may serve patrons on the premises. A home business shall comply with the
standards of Section 3-310 F.1., Home Business.
HOME OCCUPATION means the conduct of a business, occupation or trade as an accessory use entirely
within a residential building or accessory structure for gain or support, only by residents of the dwelling, that
does not serve patrons on the premises, except in an incidental manner. A home occupation shall comply with
the standards of Section 3-310F.2., Home Occupation.
HOSPITAL means an institution providing primary health services, medical or surgical care to persons,
primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental
conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient
facilities or training facilities.
HOTEL means a building that is designated, intended or used for the accommodation of tourists, transients
and permanent guests for compensation and in which no provision is made for cooking in individual rooms or
EAGLE COUNTY. COLORADO
Article 2. January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
suites. For impact analysis purposes, three (3) hotel rooms are equivalent to one (1) single family dwelling
unit.
HOUSEKEEPING UNIT means one (l) or more persons who live together in a single dwelling unit, with an
expectation ofliving together permanently, who are economically and socially dependent on one another, own
and use the dwelling unit=s elements, furnishings and equipment as common to all, and represent themselves
to the public and conduct themselves as a single, interdependent, permanent unit. A housekeeping unit is
manifested by, at a minimum, a single or joint tenancy ownership of, or single lease -- with a minimum
duration of one year to which each of the adult members of the housekeeping unit are bound -- or, the real
property interest in the dwelling unit and the personal property interest in the furnishings and equipment in it.
Housekeeping units usually are, but need not be, comprised of persons related by blood, marriage or adoption,
or bound by a legal custodial relationship.
IMPERVIOUS COVER OR MATERIALS means a surface that does not readily allow water to infiltrate
into the ground. The term may include, but not be limited to, building roof surfaces including roof overhangs,
concrete or asphalt pavement surfaces, compacted gravel and similar surfaces.
INDIVIDUAL BUSINESS means a structure or lot containing one (1) business or several related businesses
under any form of ownership. If two (2) or more businesses are located in a structure or on a lot, use the same
entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of
these Land Use Regulations.
INOPERABLE means a condition of being junked, wrecked, wholly or partially dismantled, discarded,
abandoned or unable to perform the functions or purposes for which a vehicle was originally built.
INDUSTRIAL OPERATIONS means the following categories of activities that characterize the dominant
feature of the operation:
1. EXTRACTION means to draw out or forth, hence to derive as ifby drawing out; removal of
physical matter in a solid, liquid or gaseous state from its naturally occurring location; the
initial step in utilization of a natural resource; examples include petroleum and natural gas
wells, coal mines, gravel pits, timber cutting. Extraction includes exploration activities that
take place prior to extraction.
2. PROCESSING means to subject to some special process or treatment, as in the course of
manufacture; change in the physical state or chemical composition of matter; the second step
in utilization of a natural resource; examples include petroleum refining, ore smelting, coal
crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing, creation of
glass, ceramic, or plastic materials, gravel crushing, cement manufacture.
3. FABRICATION means to form by art and labor; to manufacture; change in the physical
shape of matter; the final step in utilization of a natural resource; examples include
manufacture of equipment, vehicles and consumer goods from processed materials, wood and
metal working operations, concrete and batch plants.
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE2: DERNITIONS 2-JIO. DEFINITIONS
4. STORAGE means the act of storing or state of being stored, specifically, the safekeeping of
goods in a warehouse or other depository; examples include bulk storage of freight, petroleum
products, agricultural products, forestry products, household goods.
5. REP Am means to restore to a sound or good state after decay, injury, etc.; restoration of a
damaged object to its original physical shape; examples include automobile and equipment
repair, appliance repair.
JAIL means a facility housing persons under legal restraint.
JUNK means any waste, scrap, surplus, or discarded material other than that classified by the State of
Colorado as sewage.
JUNK VEHICLE, see "Inoperable".
JUNK YARD means a parcel ofland, or portion thereof, used for the collecting, storage or sale of junk, or for
the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether or not such uses are
conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located
on a ranch for use on the ranch.
KENNEL means any lot, premises or establishment in which four (4) or more dogs, cats or domesticated
animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation. (am 3/12/02)
KITCHEN FACILITY means fixtures and equipment for food storage and preparation of meals, which may
include, but is not limited to any or all of the following: a sink, stove, microwave oven, dishwasher, refrigerator
and food storage facilities. A recreation room, wet bar or similar facility that is a homeowner convenience and
is not intended to function as the kitchen facility for a separate dwelling unit shall not be considered a kitchen
facility for the purpose of determining the number dwelling units in a development.
LAND means all land or water surfaces, whether public or private, including lots, parcels, or other ownership
categories and all surface, subsurface, or air rights that may be attached or detached from the land.
LANDSLIDE HAZARD AREA means areas where falling, slipping or mass movement ofland occurs due to
a distinct surface rupture or zone of weakness. Landslides include slope failure complexes, debris slides,
bedrock slides and areas of accelerated soil creep.
LAKE means a naturally created body of standing water, usually at least six (6) feet deep.
LEGAL LOT OF RECORD means any lot, parcel, or tract ofland that was filed in the records of the Eagle
County Clerk and complied with all applicable laws and regulations in effect at that time.
LEVEE means a man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide
protection from temporary flooding. (am 1/4/05)
LAND USE REGULATIONS 2-25 EAGLE COUNTY, COLORADO
Article 2, January 4. 2005
LEVEE SYSTEM means a flood protection system which consists of a levee, or levees, and associated
structures such as closure and drainage devices, which are constructed and operated in accordance with sound
engineering practices. (am 1/4/05)
LIVESTOCK means domestic animals, other than cats and dogs, customarily raised or kept on a ranch for
profit or other purposes.
LIVESTOCK SALES YARD means an enclosure or structure designed or used for holding livestock for
purposes of sale or transfer by auction, consignment, or other means. A commercial livestock sales yard shall
not be considered an accessory use whereas a non-commercial livestock sales yard for episodic (annual,
biannual or special event) livestock sales associated with the active ranching operation on which it is located
shall be considered an accessory use.
LOADING SPACE OR BERTH means an off-street space or berth within a structure or on the same lot with
a structure for the temporary parking of commercial vehicles while loading or unloading merchandise or
materials and which space abuts on a street or other appropriate means of access.
LOCAL FIRE AUTHORITY HAVING JURISDICTION means the agency, special district or
municipality responsible for responding to fire related emergencies. For land located outside of the
boundaries of a municipality or special district established for fire protection, the County Sheriff or his
assigns is responsible for responding to fire related emergencies. (org. 12/17/02)
LOT means a parcel of land as established by plat, or deed.
LOT AREA means the total horizontal land area within the boundaries of a lot.
LOT LINE means the external boundaries of a lot, as defined in the illustrations on the following pages.
LAND USE REGULATIONS 2-26 EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
VARIATIONS ON FRONT LOT LINES
Front lot line means the boundary of a lot dividing it from the adjacent street. For corner lots, there shall be as
many front lines as there are street accesses.
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LAND USE REGULATIONS 2-27 EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
VARIATIONS ON REAR LOT LINES
Rear lot line means the boundary of a lot opposite the front lot line(s).
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LAND USE REGULATIONS 2-28 EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
PRIMARY AND SECONDARY LOT LINES
Primary lot line means platted lot or parcel lot lines utilized to compute compliance with applicable zone
district standards. A parcel or lot line cannot be considered "primary" if it creates a condition of non-
compliance with the relevant zone district.
Secondary lot line means property lines that re-subdivide a structure or structures into two (2) or more
properties whose zone district requirements have already been met.
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LAND USE REGULATIONS 2-29 EAGLE COUNTY. COLORADO
Article 2. January 4, 2005
LOT OR SITE COVERAGE BY BUll.,DINGS is defined in the following illustration:
LOT COVERAGE
Lot or site coverage by buildings means the portion of a lot covered by a building or buildings including roof
overhangs, covered porches, covered walkways or other similar covered areas.
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EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARnCLE2: DEFINInONS 2-110. DEFINITIONS
LOWEST FLOOR means the lowest floor of the lowest enclosed area, including basement. An unfinished or
flood resistant enclosure, usable solely for parking or vehicles, building access or storage, in an area other than
a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of these regulations. (am
1/4/05)
LYNX OCCUPIED HABIT A T means areas above eight thousand (8,000) feet in elevation that are known to
contain lynx by the documented discovery oflynx tracks within five (5) years, that contain diverse old growth
forest with alternate stands of conifers, or aspen with shrubby openings, and abundant snowshoe hare habitat.
MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER TREATMENT SYSTEM means
(1) the expansion of existing domestic water treatment capacity or storage; or (2) any extension of existing
water supply systems to service an additional development density of ten (10) or more residential dwelling
units or the equivalent thereof in other uses. (am. 02/11/03)
MAJOR EXTENSION OF AN EXISTING W ASTEW A TER TREATMENT SYSTEM means any
modification of an existing sewage treatment plant to increase hydraulic capacity or upgrade treatment
capability or any extension of existing main collector sewer lines or any increase in capacity of existing
main sewer lines or any extensions to serve a total development density often (10) or more dwelling units
or the equivalent thereof in other uses. (am. 02/11/03)
MAJOR NEW DOMESTIC WATER SYSTEM means a new water supply system or water treatment
plant if such system or plant is designed to serve a total of ten (10) or more residential dwelling units or the
equivalent thereof. (See Water and Sewer Projects.) (am. 02/11/03)
MAJOR NEW DOMESTIC WASTEWATER TREATMENT SYSTEM means a new wastewater
treatment plant, group of wastewater systems or collector system designed to treat the wastewater generated by
ten (10) or more residential dwelling units or the equivalent thereof in other uses. (See Water and Sewer
Projects.) (orig. 02/11/03)
MANAGING BODY means the collective body, agency or association within a Planned Unit Development
(PUD) responsible for the review of design standards for compliance with the Planned Unit Development
(PUD) Covenants. The managing body may include but not be limited to a Homeowner's Association, Design
Review Board or Architectural Control Committee.
MANUFACTURED HOME means a factory built dwelling that is manufactured or constructed to comply
with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 and
is to be used as a place for human habitation.
MASS GATHERINGS means entertainment, recreation, religion, athletic and similar activities having a
reasonable expected attendance of five hundred or more (500+) persons. (am 3/12/02)
MASTER PLAN means a compendium of reports, charts, graphs, drawings, maps or plans as may be adopted,
or any portion thereof or any amendment thereto, that set forth recommendations and policies for guiding
future growth and development, while providing for the public's health, safety and general welfare. The Eagle
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE2: DEFINITIONS 2-JIO. DEFINITIONS
County Master Plan, adopted by the Eagle County Planning Commission on January 3, 1996, is the officially
adopted master plan for Eagle County. The Eagle County Master Plan also incorporates community and sub
area plans adopted for particular areas of the County and functional plans, such as the Open Space Plan, Eagle
River Watershed Plan, Housing Plan, and the Trails Plan, addressing particular issues of concern to the
County.
MATERIALS RECOVERY FACILITY means a facility designed to receive and process recyclable
materials.
MATERIALS RECYCLING FACILITY means a central operation where commingled materials designated
for recycling from residential and other users are sorted and processed for market.
MEAN SEA LEVEL means the North American Vertical Datum of 1988 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced. (am 1/4/05)
MINIMUM means the lowest acceptable limit in design, standard, material, or specification.
MOBILE HOME means any wheeled vehicle without motor power, capable of being drawn by a motor
vehicle, built on a permanent chassis designed for long term residential occupancy or temporary office use and
containing electrical, plumbing and sanitary facilities and designed to be installed in a permanent or
semi-permanent manner.
MOBILE HOME PARK means any parcel of land or portion thereof used for location of three (3) or more
mobile homes for human habitation.
MOBILE HOME SPACE means a plot of ground within a mobile home park designed for accommodation of
one (1) mobile home or camper vehicle.
MOTEL means a group of attached or detached buildings containing individual sleeping and/or living units,
designed for or used temporarily by tourists or transients, with garage or parking spaces adjacent to or near
each rental unit.
MULE DEER MIGRATION CORRIDORS means the routes mule deer use to migrate between their
summer ranges and winter ranges.
MULE DEER SEVERE WINTER RANGES means that area that because of its physical characteristics
(such as low elevation, minimum snowpack, or physical barriers either natural or man-made) provides mule
deer sufficient food and cover (habitat) during the most difficult months (when there is maximum snowpack or
minimum temperatures) of the most severe winters (the worst two [2] winters out often [l0]).
MULE DEER STAGING AREAS means those areas where mule deer concentrate prior to migration to
winter ranges. Staging areas provide solitude to mule deer prior to migration, which reduces stress and allows
for undisturbed feeding prior to migration to lower elevations. The onset of migration out of staging areas is
due to snowfall.
LAND USE REGULATIONS EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE2: DEFINITIONS 2-110. DEFINITIONS
MULE DEER "lINTER CONCENTRATION AREAS means those lands in Eagle County that because of
their slope, aspect, elevation and vegetation, including cover, are capable of providing mule deer sufficient
food and cover (habitat) to survive the most difficult months of average winters. In Eagle County, the densities
of mule deer in winter concentration areas are twice as great as those in the winter ranges in the average five
(5) winters out often (10).
MULE DEER WINTER RANGES means those lands typically used by mule deer through all or nearly all of
the winter season for foraging and for shelter from severe weather conditions.
MUL TI-HOUSEKEEPING-UNIT DWELLING UNIT means a dwelling unit with not more than five (5)
bedrooms which is occupied by no more adults than the number of bedrooms in the dwelling unit and whose
occupants do not, or which is intended for occupancy by persons who do not, act as a single housekeeping unit.
MULTIPLE BUSINESS SHOPPING OR BUSINESS CENTER means a building, lot or series of lots
designed for occupation by two (2) or more businesses, where each business is structurally separated from the
others and has its own public entrance, but overall the businesses are physically related and operated as a
group.
MUNICIPAL AND INDUSTRIAL WATER PROJECTS means systems and all related components
that provide water or may provide water in the future either directly or by exchange for municipal and
industrial uses; provided, however, "systems and related components" for a snowmaking project are
limited to (i) those through which water is diverted and/or stored for snowmaking, and (ii) permanent
distribution systems and components that are not otherwise regulated by state or federal regulations. (am.
02/1 I/03)
NATURAL GAS TRANSMISSION PIPELINE means any pipeline and appurtenant facilities that are
capable of transporting natural gas from a gathering line or storage facility to a distribution center or storage
facility or which operates at a hoop stress of twenty (20) percent or more of the Specific Minimum Yield
Strength (SMYS), as calculated according to Part 192.105 of The Department of Transportation Regu~ations
for the transportation of natural and other gas pipeline.
NEIGHBORHOOD SUBSTATION means any facility used for the purpose of reducing voltages to levels of
sixty-nine (69) kilovolts or less, for distribution to individual users.
NET DEVELOP ABLE LAND, see "developable land".
NEW CONSTRUCTION means structures for which "start of construction" commenced on or after the
effective date of the applicable official floodplain maps. (am 1/4/05)
NEW TECHNOLOGY DEVICE means a wood burning device that meets or exceeds the emissions
standards for certification of Phase II appliances identified by the Environmental Protection Agency in Federal
Regulation 40 CFR Part 60, as amended (this includes most pellet stoves).
NONCONFORMING LOT means a parcel of land not meeting the minimum lot size requirements of the
underlying zone district. (am 3/12/02)
EAGLE COUNTY. COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-JIO. DEFINITIONS
NONCONFORMING STRUCTURE means any structure or use of land which was lawfully established
pursuant to the zoning and building regulations in effect at the time of its development, but which does not
comply with the standards of these Land Use Regulations for the zone district in which the structure is located.
NONCONFORMING USE means any use of a structure or land which was lawfully established pursuant to
the zoning and building regulations in effect at the time of its development, but which use is not designated in
these Land Use Regulations as an allowed use, a use allowed by special review or a use allowed by limited
review in the zone district in which the use is located.
OBSTRUCTION means any dam, wall embankment, levee, dike, pile, abutment, projection, excavation,
channel rectification, bridge, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any floodplain which might impede, retard, or change the direction of flow of water,
either by itself or by catching or collecting debris carried by such water. (am 1/4/05)
OFFICE means a room or a series of rooms where business, professional or governmental services are made
available to the public. Office includes a business office occupied by those such as Realtors, travel agents,
advertising agents, insurance agents, brokerage houses and lenders, and a professional office occupied by those
such as physicians and other health care professionals, dentists, lawyers, architects, engineers, accountants and
other professionals. An office that is part of, and located within, another principal use is considered to be
accessory to the firm's primary activity. The business location of a builder, or other person who performs
services off-site is an office (unless it occurs within a home and meets the definition of a home occupation or
home business), provided equipment and materials are not stored on-site and fabrication and similar services
are not conducted on-site.
OFFICIAL ZONE DISTRICT MAPS means that set of maps that depict the location and boundaries of zone
districts in Eagle County. The maps shall be signed by the Chairman ofthe Board of County Commissioners
and shall show the date of their adoption.
OPEN SPACE means any specifically designated or dedicated land area that may be used for park,
agricultural, recreation or conservation opportunities. Construction within open space is limited to foot paths,
bridges, irrigation structures, erosion protection devices, underground utilities, outdoor recreation facilities, and
similar type uses. Ownership of open space may be deeded to a property owner's association, dedicated to the
public, or protected in other forms deemed acceptable to the Board of County Commissioners. Indoor
recreation facilities shall not be included in open space.
OPEN SPACE, AGRICULTURAL means lands utilized for farm or ranch as defined in '39-1-102 CRS.
OPEN SPACE, CONSERVATION means lands utilized for conserving or preserving environmentally
sensitive areas.
OPEN SPACE, PARK, see "PARK".
OPEN SPACE, RECREATION means lands utilized for both passive and active leisure time activities.
OPEN SPACE, USABLE means the open space of a subdivision or other development designed for use as
common areas, including, but not limited to parks, recreation areas, gardens, paths, walkways and trails. The
term shall not include space devoted to streets and parking and loading areas, areas with slopes greater than
EAGLE COUNTY, COLORADO
Article 2, January 4. 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
thirty (30) percent, or land under water, but may include lands within critical wildlife habitat areas, riparian
areas and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as
open space.
OUTFITTER AND GUIDE means all commercial outfitting operations involving services for
accommodating guests, transporting persons, and providing equipment, supplies and materials. It also includes
commercial guiding activities wherein the guide furnishes personal services or serves as a leader or teacher.
Outfitter and guide shall not include riding stables or retail sales, unless the underlying zone district
specifically allows said uses, or unless the sales are incidental to the outfitter and guide service.
PARKING, OFF-STREET means an area on the subject lot or in a common assigned parking area that is
maintained in an accessible and unobstructed condition for parking of vehicles by the residents, visitors,
employees and customers of uses occupying the lot.
PARK means land retained in an open condition for recreation use; it may be improved with playground
apparatus, tennis courts, picnic areas, riding or hiking trails, recreation fields, swimming pools and similar
facilities.
PATIO means an area that adjoins a building, has an impervious surface, is open to the sky (roofless), has no
railings, walls, fences or other enclosures, and is not more than six (6) inches above grade and is not located
over any basement or story below.
PEREGRINE FALCON NEST SITE means the bed or receptacle prepared by the peregrine falcon for its
eggs and young. Generally, peregrine falcon nest sites occur on steep clifffaces, two hundred (200) to three
hundred (300) feet in height, in close proximity to open riparian areas.
PERMIT means a document issued by Eagle County granting permission to perform an act or service which is
regulated by the County.
PERSON/PERSONS means an individual or group of individuals, a corporation, a firm, a partnership, a
limited liability company, an association, a social or fraternal organization, an estate, a trust, a receiver, a
syndicate, a city, town, state agency or other branch of government, or any other group or combination acting
as a unit.
PLANNING STAFF means a person(s) employed by Eagle County in the Department of Community
Development, Division of Planning.
PLAT or PLATTED means and refers to a land survey plat prepared in accordance with these Land Use
Regulations, or their predecessor regulations, which is approved by the Board of County Commissioners as an
exemption plat, planned unit development plat or subdivision plat and filed for record with the Clerk &
Recorder.
PRIMARY WOOD PROCESSING means the processing of wood for fence posts, corral posts, cabin logs,
and other similar type uses.
PROCESSING, see "Industrial Operations".
EAGLE COUNTY. COLORADO
Article 2, January 4, 2005
PROGRAM DEFICIENCY means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of the floodplain overlay zone district or of the
NFIP standards. (am 1/4/05)
PUBLIC BUILDING means a building operated and occupied by a governmental agency for the purpose of
carrying out official duties.
PUBLIC IMPROVEMENT means any improvement, facility or service, together with the associated site or
right-of-way and appurtenances thereto, necessary to provide for public needs.
1. Ownership. Public improvements may be owned by a governmental agency and may be
leased to a private entity to provide the service or operate the entity. Conversely, government
may lease a private facility to carry out a public function. In both cases, the improvements or
facilities would still be considered public improvements.
2. Scope of Public Improvements. The scope of public improvements associated with any
particular development shall be determined by the Board of County Commissioners prior to
approval of the final plat and any associated public improvements agreement.
PUD GUIDE means a formal document that establishes the permitted land uses and restrictions within a
planned unit development (PUD).
RECREATIONAL VEHICLE means a pickup camper, motor home, travel trailer, tent trailer or simil~
mobile unit that has wheels, is built on a single chassis, is intended to be transported over streets, roads and
highways as a motor vehicle or attached to a motor vehicle, and is designed primarily for use as a temporary
unit for human occupancy. Recreational vehicles shall be used for human occupancy only when located within
a lawful recreational vehicle park or campground, except that any recreational vehicle may be inhabited on
private property for no more than five (5) days within a thirty (30) day period. (am 1/4/05)
RECREATION VEIDCLE PARK means any lot or parcel of ground upon which two (2) or more
recreational vehicle sites are located, established, or maintained on a short term or seasonal basis as temporary
dwellings or sleeping accommodations.
MAJOR RECREATION VEHICLE PARK means an recreational vehicle park located on a minimum
5 acre, or larger, parcel. See Section 3-3l0.Y.5 Maior Recreational Vehicle Park.
MINOR RECREATION VEHICLE PARK means an recreational vehicle park located on a minimum
1-5 acre parcel, containing a maximum of 5 camping spaces per acre. See Section 3-3l0.Y.6 Minor
Recreational Vehicle Park. (org 3/12/02)
RECYCLABLE MATERIALS means a type of material that is capable ofbeingre-used or recycled, and is
intentionally separated from a waste stream for processing or re-manufacture.
RECYCLING COLLECTION OR DROP OFF CENTER means a centralized collection location to drop
off designated recyclable materials.
LAND USE REGULATIONS 2-36 EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
RECYCLING OPERATION means a separate facility, at which recyclable materials may be separated from
other materials for further processing or marketing. A business in which automobile or other mechanical parts
are salvaged and re-sold or recycled shall also be considered a recycling operation.
REGULATORY FLOOD PROTECTION ELEVATION means the elevation of one (1) foot above the
water surface elevation of the base flood or the base flood elevation. (am 1/4/05)
REMEDY A VIOLATION means to bring the structure or other development into compliance with FO Zone
District regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts
may be reduced include protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of the regulation or otherwise deterring future similar violations, or
reducing federal financial exposure with regard to the structure or other development. (am 1/4/05)
REPAIR, see "Industrial Operations".
REQUIRED YARD means setback. See also definition of setback. (org 3/12/02)
RESORT RECREATIONAL FACILITY means dude ranch, boating base camp, hunting or fishing camp,
cross-country or trail skiing lodge or other similar facility for the purpose of recreation or education which
provides lodging, recreational activities, dining facilities, parking, storage facilities and restrooms or other
needs operated on the site for guests or members.
RESERVOIR means a natural or man-made pond, lake or basin, designed to contain ten (10) or more acre feet
of water that is used for the storage, regulation and control of water.
RETAIL SALES means an establishment engaged in selling goods or merchandise to the general public for
personal or household consumption and rendering services incidental to the sale of such goods.
LAND USE REGULATIONS 2-37 EAGLE COUNTY. COLORADO
Article 2, January 4, 2005
ARllCLE2: DEFfNfllONS 2-f fO. DEFINfllONS
RIDGELINE is defined in the following illustration:
RIDGELlNE
Ridgeline means those lands at the crest, or top of a ridge, hillside or mesa and those along the shoulder (that
is, the outside edge) of a ridge, hillside or mesa, as viewed from Interstate 70. These ridgelines are the visual
lines at which the ground and the sky appear to meet. Ridgeline does not include intermediate ridges (those
that are not the highest ridge on a hillside or mesa) that are viewed from Interstate 70 with a hillside or mesa
as their backdrop.
~ R!DGEUNE
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SECTIONAL ANALYSIS
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PROFILE ANALYSIS IN TERMED!A TE RIDGE
R1DGEUNE
INTERMEDIA IE RIDGE
PLAN VIEW
EAGLE COUNTY. COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110, DEFINITIONS
RIDING STABLE means an establishment that has available for rent or lease four (4) or more animals for
periods of twenty-four (24) hours or less, or in return for compensation, gives lessons to develop horsemanship.
RINGLEMAN CHART means a device used to measure the opacity of smoke emitted from stacks and other
sources.
RIPARIAN AREA means the area located between the water's edge of aquatic ecosystems (rivers, streams,
lakes, ponds, springs and seeps) and upland areas, whose soils allow for or tolerate a high water table and
provide sufficient moisture in excess of that otherwise available locally so as to provide a more moist habitat
than that of contiguous floodplains and uplands. Riparian areas are composed of interacting assemblages of
plants, animals and aquatic communities whose presence is either directly or indirectly attributed to water-
influenced or water-related factors. Riparian areas produce a diversity of vegetative forms, sizes and species
and a density of vegetation that makes them among the most productive habitats for wildlife. Areas exempt
from this definition are manmade agricultural structures and devices such as irrigation ditches, sprinklers, and
artificial ponds.
ROAD OR STREET means a way or right-of-way reserved for public or private use (other than an alley) that
also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for drainage
or utility access to adjacent properties. Road or street may include the terms: avenue, drive, highway, lane,
place, or other similar designation.
ROCKFALL HAZARD AREA means areas of either active or potential falling, rolling or sliding of large
bedrock blocks.
RURAL CENTER means those lands in unincorporated Eagle County that are established and recognized as
being smaller residential centers, with lesser densities than are found in Community Centers, or that have been
designated on the Future Land Use Map (FLUM) of the Eagle County Master Plan as being appropriate to
become such centers.
SAGE GROUSE PRODUCTION AREAS means the areas where sage grouse mating and reproduction
activities occur. These areas generally occur in low sage brush canopy areas where the sage grouse
traditionally display, breed, nest, hatch and nurture their young. These areas are closely associated with wet
areas, i.e., meadows, springs, ponds and their drainages, where there is a high concentration of insects. These
areas also include healthy stands of forbs, grasses, and denser sagebrush used for nesting and cover.
SANITARY LANDFILL means an area of land or an excavation where solid wastes are placed for final
disposal that conforms to all applicable State and Federal requirements.
SETBACK means the area prescribed by an imaginary line extending across the lot, parallel with the adjacent
lot line and within which no building or structures shall be constructed, except as specifically permitted by
these Land Use Regulations in Section 3-340.C. (am 3/12/02)
SIGN means any letters, figures, design, symbol, trademark, illuminating device, or other device intended to
attract attention to any place, subject, person, firm, corporation, public performance, article, machine or
merchandise, and painted, printed, constructed or displayed in any manner.
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE2: DEFINITIONS 2-110. DEFINITIONS
1. CONSTRUCTION SIGN means a temporary sign identifYing a subdivision, development,
or property improvement by a builder, contractor, or other person furnishing materials, labor,
or services to the premises.
2. DIRECTIONAL SIGN means any sign on a lot that directs the movement or placement of
pedestrian or vehicular traffic, without reference to, or inclusion of, the name of a product
sold or service performed on the lot or in a building, structure or business enterprise
occupying the same.
3. DIRECTORY SIGN means a sign listing the tenants or occupants of a building or group of
buildings that may state their respective professions or business activities.
4. IDENTIFICATION SIGN means a sign or symbol (i.e., nameplates or plaques) that
identifies a person, building, street name or address, landmark, or natural feature.
5. ILLUMINATED SIGN means a sign with an artificial light source incorporated intemallyor
externally for the purpose of illuminating the sign.
6. PERMANENT SIGN means a sign constructed of durable material and affixed, lettered,
attached to or placed upon a fixed, non-movable, non-portable supporting structure.
7. PORTABLE SIGN means a sign on a self-contained stand located and used for commercial
or non-commercial purposes, that is not permanently affixed to a post, wall, fence, building or
other structure.
8. RESIDENTIAL BUILDING, LOT OR OCCUPANT IDENTIFICATION SIGN means a
sign containing no commercial information, identifYing the owner or occupant of a dwelling
unit, tract, or parcel of land that is devoted primarily to residential or agricultural use.
9. TEMPORARY SIGN means a sign that relates to a single event erected not more than thirty
(30) days prior to the event to which it relates, such as a farm auction, sale of agricultural
products, and bona fide grand openings. A sign shall be considered temporary if displayed
for less than thirty (30) days during a ninety (90) day period.
10. WINDOW SIGN means a sign that is affixed or attached to, or located within thirty-six (36)
inches of the interior of a window and which sign can be seen through the window from the
exterior of the structure.
SIGN CODE ADMINISTRATOR means the appointed member of the Community Development
Department responsible for the administration ofthe sign regulations.
SIGN HEIGHT means the vertical distance from the average finished grade below the sign (excluding
berming) to the highest point on the sign structure.
SIGN PERMIT means a permit issued for the erection, construction, enlargement, alteration, improvement or
conversion of any sign, issued pursuant to these regulations.
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEJOINITIONS
SIGN WITH BACKING means any sign that is displayed upon, against, or through any material or colored
surface or backing that forms an integral part of such display and differentiates the total display from the
background against which it is placed.
SIGN WITHOUT BACKING means any word, letter, emblem, insignia, figure, or similar character, or group
thereof that is neither backed by, incorporated in, or otherwise made a part of any larger display area.
SKI AREA means an area developed for snow skiing, providing facilities associated with alpine or nordic
skiing, including but not limited to ski trails, lifts, operational and maintenance facilities, equipment storage,
snowrnaking facilities, restaurants, warming huts and ski schools. A ski area may be part of a ski resort, that
provides base area facilities including, but not limited to hotels, motels and dwellings, retail establishments and
year-round recreational uses.
SLOPE means the change in vertical elevation of a property over a specified horizontal distance, measured
between contour intervals. Slope shall be stated as a percentage or ratio.
SLUDGE means the accumulated solids resulting from processing wastewater in a treatment plant.
SPORTS COMPLEX means a recreation or amusement center that contains multiple recreation facilities.
Sports complex includes fair or rodeo grounds, regional ball field complexes, community recreation centers,
commercial amusement centers and similar facilities.
START OF CONSTRUCTION includes substantial improvement and means the date the appropriate permit
was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement
was within 180 days of the permit issue date. (am 1/4/05)
STORAGE, see "Industrial Operations".
STREAM means a watercourse having a natural source and terminus, banks and channel, through which
waters flow at least periodically. Stream includes creeks and other flowing waters that are tributary to a river.
Man-made irrigation ditches are excluded from this definition.
STREET FRONTAGE means the distance along any property line ofa lot that is also the boundary line ofa
public street, road or highway right-of-way.
STRUCTURE means any building, carport, deck, fence, gazebo, pole, antenna, satellite reception or
transmission device, storage tank, tower, bridge, dam, culvert, pier, or any other construction or erection,
except uncovered porches, slabs, patios, decks, walks, steps that do not exceed thirty (30) inches above grade
and streets, walks, trails or driveways.
STUDIO FOR ARTS AND CRAFTS means the workshop of an artist, sculptor, photographer, craftsperson,
or organization.
SUBDIVISION OR SUBDIVIDED LAND means a parcel ofland in unincorporated Eagle County that is
divided into two (2) or more lots, tracts, sites, parcels, separate interests, interests in common or other division,
unless exempted by' 30-28-110, CRS.
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
The terms "subdivision" and "subdivided land," above, shall not apply to any division ofland which creates
parcels ofland each of which comprises thirty-five (35) or more acres ofland and none of which is intended
for use by multiple owners.
Unless the method of disposition is adopted for the purpose of evading the County Land Use Regulation, the
terms "subdivision" and "subdivided land," as defined above, shall not apply to any division ofland:
1. Which creates parcels ofland, such that the land area of each of the parcels, when divided by
the number of interests in any such parcel, results in thirty-five (35) or more acres per interest;
2. Which could be created by any court in this state pursuant to the law of eminent domain, or by
operation oflaw, or by order of any court in this state ifthe board of county commissioners of
the county in which the property is situated is given timely notice of any such pending action
by the court and given opportunity to join as a party in interest in such proceeding for the
purpose of raising the issue of evasion of these regulations prior to entry of the court order;
and, if the board does not file an appropriate pleading within twenty days after receipt of such
notice by the court, then such action may proceed before the court;
3. Which is created by a lien, mortgage, deed of trust, or any other security instrument;
4. Which is created by a security or unit of interest in any investment trust regulated under the
laws of this state or any other interest in an investment entity;
5. Which creates cemetery lots;
6. Which creates an interest in oil, gas, minerals, or water which is severed from the surface
ownership of real property;
7. Which is created by the acquisition of an interest in land in the name of a husband and wife or
other persons in j oint tenancy or as tenants in common, and any such interest shall be deemed
for purposes of these Regulations as only one interest;
8. Which is created by the combination of contiguous parcels ofland into one larger parcel. If
the resulting parcel is less than thirty-five (35) acres in land area, only one interest in said land
shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area, such
land area, divided by the number of interests in the resulting parcel, must result in thirty-five
(35) or more acres per interest. Easements and rights-of-way shall not be considered interests
for purposes of this subparagraph 8.
9. Which is created by a contract concerning the sale of land which is contingent upon the
purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county
regulations, the land which he is to acquire pursuant to the contract;
10. Which creates a cluster development pursuant to '30-28-401 Colorado Revised Statutes.
SUBSTANTIAL CHANGE means either a change in (1) land use category; (2) site design which increases or
decreases (a) the number of dwelling units, (b) the number of structures of a size or nature requiring a building
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEFINITIONS
permit, (c) the minimum or maximum square footage of structures if a minimum or maximum has been
specified in a permit or approval, (d) projected traffic such that a highway access permit or an amendment to a
highway access permit is required as a result of the change, or (e) the size of the land which is the subject of
the permit or approval; (3) land use which creates or increases the incompatibility of the use ofthe subject land
with the adjacent land uses; or (4) site design which changes the location of (a) uses, when multiple uses are
provided on single lots or (b) improvements other than within an approved building envelope.
TALUS SLOPE means areas of potential rockfall and small, localized debris flows.
TELECOMMUNICATION FACILITIES means all devices, equipment, machinery, structures or
supporting elements necessary to produce non-ionizing electromagnetic radiation within the range of
frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message.
Facilities may be self supporting, guyed, mounted on poles, other structures, light posts, power poles or
buildings. Telecommunication facilities includes radio, television, telephone and microwave towers or
antennas for commercial transmission to consumers.
TRANSFER STATION FOR SOLID WASTE means a facility at which refuse, awaiting transportation to a
disposal site, is transferred from one type of containerized collection receptacle to another, or is processed for
compaction.
TRANSPORTATION SERVICES means establishments furnishing passenger ground transportation,
including taxicabs, vans, transportation charter services and similar entities.
TRUCK STOP means an establishment in which the maintenance, servicing, storage or repair of commercial
vehicles is conducted or rendered, including the dispensing of motor vehicle fuel or other petroleum products
directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial
vehicles. A truck stop may also include a restaurant.
UPLAND AREAS means lands found at a higher elevation than adjacent riparian areas or aquatic ecosystems
that do not share the soil or vegetation characteristics of those ecosystems.
USE means the purpose or function for which a lot, structure or building is intended, designed or constructed
or the activity that is carried on within said lot, structure or building.
USE, TEMPORARY means any use of any parcel ofland or building for a period ofless than six (6) months,
unless the duration of the use has been otherwise limited, pursuant to Section 5-250, Special Uses.
UTILITY DISTRIBUTION FACILITY means any gas or electric line other than gas transmission or
electrical transmission line as defined herein, and telephone or telegraph line, cable television line, water line,
sewer line, or neighborhood substations.
UTILITY SUBSTATION means any facility designed to provide switching, voltage transformation or voltage
control required for the transmission of electricity sixty-nine (69) kilovolts or greater.
VETERINARY DOSPIT AL means a place where animals are given medical care and boarding of animals is
limited to short term care that is incidental to the hospital stay.
WAREHOUSE means a building used primarily for long or short term storage of goods and materials at
which no sales activity, or only limited sales activity, to customers occurs.
EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE 2: DEFINITIONS 2-110. DEJ'INITIONS
WATER AND SEWER PROJECTS. The Site Selection and Construction of Maj or New Domestic Water
and Wastewater Treatment Systems, Major Extensions of Existing Domestic Water and Wastewater Treatment
Systems, and Efficient Utilization of Municipal and Industrial Water Projects, including any proposed land
development directly related to such Project if such development is to be located wholly or partially within this
County and if such development specifically generates the need for the Project. (arig. 02/11103)
WATER IMPOUNDMENT means an impoundment of water, including surface runoff, stream flow,
extracted ground water and water as a by-product of extraction or processing of mineral resources, energy
generation or agricultural, municipal, or industrial water supply or sewage treatment installation that is
designed to contain at least one (1) acre foot but less than ten (10) acre feet, or a number of smaller
impoundments on one (1) lot with an aggregate capacity of at least one (1) acre foot, but less than ten (10) acre
feet.
WATER STORAGE FACILITY means any enclosed structure, capable of holding five thousand (5,000)
gallons or more, either above or below ground and that is used to store water for public consumption or fire
protection. (am. 02/11103)
WATER SURFACE ELEV A TION means the height, in relation to the North American Vertical Datum of
1988, (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of
riverine areas. (am 1/4/05)
WATER TREATMENT FACILITY means any structure designed for the provision of such treatment
processes that render a water supply potable and that processes a capacity of five thousand (5,000) gallons per
day or more.
WATERCOURSE means a natural or artificial channel, depression, slough, dry wash, gulch, arroyo, stream,
creek, drainage way, pond, reservoir, or lake in which water flows either continuously, intermittently, or
periodically. (am 1/4/05)
WHOLESALE OUTLET means an establishment or place of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional or professional business users; to other
wholesalers; or acting as an agent or broker that buys merchandise for or sells merchandise to such individuals
or compames.
WILDFIRE HAZARD MAP means a current, scaled, graphic compilation of predetermined wildfire
hazard ratings for each and all privately owned lands and adjacent public lands located within
unincorporated Eagle County. The resulting map reflects the most accurate, currently available site
specific data. Wildfire hazard ratings will change over time due to site-specific modifications of fuels and
water supply. As such, the Wildfire Hazard Map will be continually modified in order to accurately reflect
current conditions. (arg.12/17/02)
WILDFIRE HAZARD RATING means the relative degree of site-specific hazard associated with
wildfire potential. All privately owned land and adjacent public lands, having wildfire influence on the
subject property, located within unincorporated Eagle County will be assigned a hazard rating. The hazard
rating will be determined based upon three criteria: 1) Topography; 2) Fuel, and; 3) Water availability.
Each of these three criteria is assigned a numerical value reflective of actual site conditions. The three
resulting numerical values, when tallied, represent the hazard rating of low, moderate, high or extreme.
The hazard rating will be incorporated into the Wildfire Hazard Map. (arg. 12/17/02)
LAND USE REGULATIONS 2-44 EAGLE COUNTY, COLORADO
Article 2, January 4, 2005
ARTICLE2: DEFINITIONS 2-110. DEFINITIONS
WILDLANDfURBAN INTERFACE means any area where man-made structures are built close to, or within,
terrain and fuel or other conditions where the potential for wildfires exist. (arg. 12/17/02)
WOOD BURNING DEVICE means an appliance or structure designed for or capable of burning wood or
wood by products, including a conventional open-hearth fireplace or wood stove. Wood burning device does
not include cook stoves, furnaces, or boilers.
YARD means an area located between a building and one or more property lines. A front yard is more
specifically defined as the area located between a building and one or more property lines from which access to
the lot is achieved. See also Section 3-340.C. Yard is further defined in the illustrations on the following
page: (am 3/12/02)
EAGLE COUNTY, COLORADO
Article 2, February J J, 2003
ARTICLE 2. DEFINITIONS 2-110. DEJ7INITIONS
YARDS
YARD means open space on the lot (other that an interior court) unobstructed from the ground upward, except
as otherwise provided in these Land Development Regulations.
1. FRONT YARD means a yard extending the full width of the lot between the front lot line and
any point of a building facing that lot line; such distance to be known as the front yard.
2. REAR YARD means a yard extending the full width of the lot between the rear lot line and
any point of a building facing that lot line, such distance to be known as the rear yard.
3. SIDE YARD means a yard extending the full width of the lot between the side lot line and any
point of a building facing that lot line, such distance to be known as the side yard.
VARIATIONS OF YARDS
fRONT, SlDE It REAR Y,~RDS FRONT, SIDE I< REAR YARDS
fOR CORNER LOT
USING ONE SIREE:T ACCESS
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FRONT &: REAR YARDS FRONT /I; REAR YARDS
fOR CORNER lOT fOR CORNER LOT
USING TWO STREET ACCESSES USiNG ONE STREET ACCESS
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LAND USE REGULATIONS 2-46 EAGLE COUNTY, COLORADO
Article 2, February 11, 2003
(8) Paving. All mobile home park roads shall be engineered and surfaced with
asphalt, concrete or gravel. (am 3/12/02)
(9) Maintenance. All mobile home lots and stands shall be maintained in a
clean and sanitary condition, free from hazardous or noxious materials,
weeds and refuse. The unit owner shall be responsible for ensuring
compliance.
b. Water Supply and Distribution.
(1) Comply With Standards. A domestic water supply that is in compliance
with the drinking water standards of the Colorado Department of Health
shall be provided in each mobile home park. Where a public supply of water
of satisfactory quantity, quality, and pressure is available, connection shall
be made thereto and it shall be the exclusive supply used. When such a
public water supply is not available, a central water supply system may be
developed and used if it meets standards of the Department of Colorado
Public Health and Environment.
(2) Located To Avoid Contamination. Every well or suction line of the water
supply system shall be located and constructed in such a manner that neither
underground nor surface contamination will reach the water supply from any
source.
(3) Treatment. The treatment of a private water supply shall be in accordance
with applicable state and local laws and regulations.
(4) Minimum Supply. The water source shall be capable of supplying a
minimum of four hundred-fifty (450) gallons per day per mobile home.
(5) Connection. The water supply system shall be connected by pipes to all
mobile homes, buildings, and other facilities requiring water.
(6) Equipment. All water piping, fixtures and other equipment shall be
constructed and maintained in accordance with state and local regulations
and requirements and shall be of a type and in locations approved by the
County Environmental Health Office.
(7) Pressure. The system shall be so designed and maintained as to provide a
pressure of not less than twenty (20) nor more than eighty (80) psi, under
normal operating conditions at service buildings and other locations
requiring potable water supply.
LAND USE REGULATIONS 3-36 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
(8) Minimum Horizontal Separation. A minimum horizontal separation often
(10) feet shall be maintained between all domestic water lines and sewer
lines.
(9) Underground Valves. Underground stop and waste valves shall not be
installed on any water service.
(10) Water-Riser Pipes. Water-riser pipes shall extend a minimum offour (4)
inches above ground elevation unless recessed in a box or sleeve. The pipe
shall be a minimum of three-quarter (3/4) inch. The water outlet shall be
capped when a mobile home does occupy the lot.
(11) Prevent Freezing. Adequate provisions shall be made to prevent freezing of
main service lines, valves and riser pipes and to protect risers from heaving
and thawing actions of the ground during freezing weather. Surface
drainage shall be diverted from the location of the riser pipe.
(12) Shutoff Valve. A shutoff valve below the frost line shall be provided near
the water-riser pipe on each mobile home lot.
c. Sewage Disposal.
(1) Adequate System Required. An adequate sewage system shall be provided
in each mobile home park for the purpose of conveying and disposing of all
sewage. Such system shall be designed, constructed and maintained in
accordance with state and local laws.
(2) Sewer Lines. All sewer lines shall be located in trenches of sufficient depth
to be free of breakage from traffic or other movements and shall maintain a
minimum horizontal separation of ten (10) feet from all domestic water lines.
Sewers shall be at a grade that will insure a velocity of two (2) feet per
second when flowing full. All sewer lines shall be constructed of materials
that comply with state or local laws and shall meet the Department of
Colorado Public Health and Environment design criteria.
(3) Sewage Treatment and/or Discharge. Where the sewer lines of the park
are not connected to a public sewer, all proposed sewage disposal facilities
shall be approved by the Environmental Health Manager prior to
construction. Effluents from sewage treatment facilities shall not be
discharged into any waters of the State, except with prior approval of the
Department of Colorado Public Health and Environment.
(4) Sewer Riser Pipe. Each mobile home stand shall be provided with a
minimum four (4) inch diameter sewer riser pipe. The sewer riser pipe shall
be so located on each stand that the sewer connection to the mobile home
system outlet will approximate a vertical position.
LAND USE REGULATIONS 3-37 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
(a) Minimum Dimensions. The sewer connection shall have a
nominal inside diameter of a minimum of three (3) inches and the
slope of any portion thereof shall be a minimum of one-eighth (1/8)
inch per foot. The sewer connection shall consist of one (1) pipe
line only, with no more than one (1) stand served by one (1)
individual sewer connection. Underground branch fittings of four
(4) inch lines shall not be permitted. All joints shall be watertight.
(b) Materials. All materials used for sewer connections shall be rigid
or semi-rigid, corrosive resistant, nonabsorbent and durable. The
inner surface shall be smooth.
(c) Plugging. Provisions shall be made for plugging the sewer riser
pipe when a mobile home does not occupy the lot. The rim of the
riser pipe shall extend a minimum of four (4) inches above ground
elevation, unless such riser pipe is protected within a recessed box
or sleeve.
d. Fire Protection. Adequate fire protection shall be provided and shall be in
compliance with all applicable fire codes and standards.
e. Service Building.
(1) Applicability. The requirements of this Section shall apply to service
buildings, recreation buildings and other community service facilities such as
management offices; repair shops and storage areas; sanitary facilities;
laundry facilities; indoor recreation areas; and commercial uses supplying
essential goods or services for the exclusive use of park occupants.
(2) Structural Requirements for Buildings.
(a) Protection. All portions of the structure shall be properly protected
from damage by ordinary uses and by decay, corrosion, termites,
and destructive elements. Exterior portions shall be of such
materials and be so constructed and protected as to prevent entrance
or penetration of moisture and weather.
(b) Sanitary or Laundry Facilities. All rooms containing sanitary or
laundry facilities shall:
i) Walls. Have sound-resistant walls extending to the ceiling
between male and female sanitary facilities. Walls and
partitions around showers, bathtubs, lavatories and other
plumbing fixtures shall be constructed of dense, non-
LAND USE REGULATIONS 3-38 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
absorbent waterproof material or be covered with moisture
resistant material.
ii) Windows. Have a minimum of one (1) window or skylight
facing directly to the outdoors. The minimum aggregate
gross area of windows for each required room shall be not
less than ten (10) percent ofthe floor area served by them.
A minimum of one (1) window shall be capable of being
easily opened, or the room shall have a mechanical device
that will adequately ventilate the room.
iii) Toilets. Have toilets locked in separate compartments
equipped with self-closing doors. Shower stalls shall be of
the individual type. The rooms shall be screened to prevent
direct view of the interior when the exterior doors are open.
iv) Illumination. Have illumination levels maintained as
follows:
a. Five (5) foot candles for general seeing tasks; and
b. Forty (40) foot candles for laundry room work area
and toilet room in front of mirrors.
v) Hot and Cold Water. Have hot and cold water furnished
to every lavatory, sink, bathtub, shower and laundry fixture,
and cold water furnished to every water closet and urinal.
f. Supervision.
(1) Attendant. The duly authorized attendant or caretaker shall be in
charge at all times to keep the park, its facilities and equipment in a
clean, orderly and sanitary condition.
(2) Owner Answerable. The park owner shall be answerable for the
violation of any provision of these Regulations, except those that
expressly involve unit owners or tenants.
(3) Refuse Handling. The storage, collection and disposal of refuse in
a mobile home park shall be so arranged as not to create health
hazards, rodent harborage, insect breeding areas, accident or fire
hazards, or air pollution. All refuse shall be disposed of at either a
municipal or County designated landfill site, at a minimum once per
week. See Section 4-410.C Wildlife Proof Refuse
Container/Dumpster Enclosure Standards. (am 3/12/02)
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
(4) Pest Control. Grounds, buildings and structures shall be maintained
free of insect and rodent harborage and infestation. Extermination
methods and other measures to control insects and rodents shall
conform with the requirements of the County Environmental Health
Office and the Department of Colorado Public Health and
Environment.
(5) Pet Control. The owners or managers of a mobile home park, or the
owners or persons in charge of any dog, cat, or other pet animal
shall keep such animal on a leash, not exceeding ten (10) feet, or
shall confine such animals within the unit space or designated areas
within the park, and shall not permit such animal to commit any
nuisance. Animals are restricted to household pets only.
(6) Electrical Distribution and Communication Wiring.
(a) Distribution System. Each mobile home park shall
contain an electrical distribution system to each lot or site,
consisting of wiring, fixtures, equipment and appurtenances
hereto that shall be installed and maintained in accordance
with the applicable electrical code currently in force.
Telephone and cable TV systems may be installed and
maintained.
(b) Approval By Utility. All plans for the above services shall
have the approval of the responsible utility prior to County
approval of mobile home park plans.
5. Standards For Major Recreational Vehide Parks or Additions to an Existing Park. A
major recreational vehicle park shall be limited to supplying parking spaces for travel trailers,
camper vehicles and/or tent camping on sites of five (5) acres or more. Each camping space
will be provided with individual water, sewer and electric hook-ups or, water and sanitation
facilities will be provided within common areas in close proximity to each camping space.
Permanent occupancy in a recreational vehicle park shall not be allowed. (am 3/12/02)
a. Site Improvements.
(1) Access. The park shall have access to a public road.
(2) Drainage. The park shall be located on a well-drained site that is graded or
drained and is free from stagnant pools of water.
(3) Landscaping. The site plan shall include a landscaping plan prepared in
accordance with Section 4-220 Landscape Plan.
(4) Minimum Area. A major recreational vehicle park shall contain a minimum
of five (5) acres. (am 3/12/02)
LAND USE REGULATIONS 3-40 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
(5) Minimum Setbacks.
(a) Vehicles. Recreational vehicles and/or tents shall be set back a
minimum of twenty (20) feet from each other.
(b) Boundaries. The recreational vehicle park shall comply with the
following minimum setbacks:
i) Front Yard. The recreational vehicle park shall be set
back a minimum of fifty (50) feet from an arterial or
collector road or twenty-five (25) feet from a local or
mountain road.
ii) Side or Rear Property Line. The recreational vehicle
park shall be set back a minimum of twenty (20) feet from
any side or rear property line.
(6) Minimum Facilities for Recreational Vehicle Spaces. The area devoted to
each recreational vehicle space shall be adequate to accommodate the
following facilities:
(a) Picnic Facilities. Each space shall be provided with a United
States Forest Service approved fireplace or fire circle, a picnic
table and a well-drained, level site. (am 3/12/02)
(b) Parking Space. Each space shall provide one (1) graveled parking
space;
(c) Vehicle Barriers. Adequate barriers shall be provided to confine
vehicles to driveways and parking spaces.
7) Driveways. All recreational vehicle spaces shall abut upon a driveway,
graded for drainage and maintained in a rut and dust free condition, that
provides unobstructed access to a public street or highway. The minimum
unobstructed width of such driveways shall be fifteen (15) feet for one-way
traffic or twenty-five (25) feet for two-way traffic. No parking shall be
permitted on the driveways.
(8) Clean and Sanitary Condition. The park owner shall be responsible for
ensuring that the recreational vehicle park is maintained in a clean and
sanitary condition, free from hazardous or noxious materials, weeds and
refuse.
b. Water Supply and Distribution.
LAND USE REGULATIONS 3-41 EAGLE COUNTY, COLORADO
Article 3, Janumy 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
(1) Comply With Standards. A domestic water supply that is in compliance
with the drinking water standards of the Colorado Department of Health
shall be provided in each mobile home and recreational vehicle park. Where
a public supply of water of satisfactory quantity, quality and pressure is
available, connection shall be made thereto and it shall be the exclusive
supply used. When such a public water supply is not available, a central
water supply system may be developed and used if it meets standards of the
Department of Colorado Public Health and Environment.
(2) Located To A void Contamination. Every well or suction line of the water
supply system shall be located and constructed in such a manner that neither
underground nor surface contamination will reach the water supply from any
source.
(3) Treatment. The treatment of a private water supply shall be in accordance
with applicable state and local laws and regulations.
(4) Connection. The park's water supply system shall be connected by pipes to
all recreational vehicles, buildings, and other facilities requiring water.
(5) Equipment. All water piping, fixtures and other equipment shall be
constructed and maintained in accordance with state and local regulations
and requirements and shall be of types and in locations accepted by the
County Environmental Health Office.
(6) Pressure. The system shall be so designed and maintained as to provide a
pressure of not less than twenty (20) nor more than eighty (80) psi, under
normal operating conditions at service buildings and other locations
requiring portable water supply.
(7) Separation. A minimum horizontal separation of ten (10) feet shall be
maintained between all domestic water lines and sewer lines.
(8) Underground Valves. Underground stop and waste valves shall not be
installed on any water service.
(9) Supply. The water supply shall be capable of supplying fifty (50) gallons per
space per day for all spaces lacking individual water connections and a
hundred (100) gallons per space per day for all spaces provided with
individual water connections.
(10) Individual Water Service Connections. If facilities for individual water
service connections are provided, the following requirements shall apply:
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
(a) Riser Pipes. Riser pipes provided for individual water service
connections shall be so located and constructed that they will not be
damaged by the parking of recreational vehicles. Water riser pipes
shall extend a minimum of four (4) inches above ground elevation
unless recessed in a box or sleeve. The pipe size shall be three-
quarter (3/4) inch.
(b) Prevent Freezing. Adequate provisions shall be made to prevent
freezing of main service lines, valves and riser pipes.
(c) Valves. Valves shall be provided near the outlet of each water
service connection. They shall be turned off and the outlets capped
or plugged when not in use.
(d) Connection. The park=s water supply system shall be
connected by pipes to all recreational vehicles, buildings, and
other facilities requiring water.
(11) Water Stations.
(a) Stations for Recreational Vehicle Area. Each recreational vehicle
parking area shall be provided with one (1) or more easily accessible
watering stations for filling water storage tanks. Such water supply
outlets shall consist of at least a water hydrant and the necessary
appurtenances and shall be protected against the hazards of back
flow and back siphonage.
(b) Stations for Tent Camping Area. Each tent camping area shall be
provided with at least one (1) individual watering station no more
than two hundred (200) feet from any tent camping space; such
station to be constructed similar to individual water service
connections as provided under this Section, except that riser height
shall be between thirty (30) inches and thirty two (32) inches and a
splash pad shall be installed around the base.
c. Sewage Disposal. An adequate sewage system shall be provided in each recreational
vehicle park for the purpose of conveying and disposing of all sewage. Such system
shall be designed, constructed and maintained in accordance with state and local
laws.
(1) Sewer Line. All sewer lines shall be located in trenches of sufficient depth
to be free of breakage from traffic or other movements and shall maintain a
minimum horizontal separation often (10) feet from all domestic water lines.
Sewers shall be at a grade that will insure a velocity of two (2) feet per
second when flowing full. All sewer lines shall be constructed of materials
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEWSTANDARDS
that comply with state or local laws and with Department of Colorado Public
Health and Environment design criteria.
(2) Sewage Treatment and/or Discharge. Where the sewer lines of the park
are not connected to a public sewer, all proposed sewage disposal facilities
shall be approved by the Environmental Health Office prior to construction.
Effluents from sewage treatment facilities shall not be discharged into any
waters ofthe State except with prior approval of the Department of Colorado
Public Health and Environment.
(3) Individual Sewer Connections. If facilities for individual sewer
connections are provided, the following requirements shall apply:
(a) Sewer Riser Pipe. The sewer riser pipe shall be a minimum of four
(4) inches in diameter shall be trapped below the ground surface and
shall be so located on the trailer space that the sewer connection to
the trailer system will approximate a vertical position.
(b) Sewer Connection. The sewer connection shall have a nominal
inside diameter of a minimum of three (3) inches, and the slope of
any portion thereof shall be a minimum of one-eighth (1/8) inch per
foot. All joints shall be watertight.
(c) Materials. All materials used for sewer connections shall be
corrosive resistant, nonabsorbent and durable. The inner surface
shall be smooth.
(d) Plugging. Provisions shall be made for plugging the sewer riser
pipe when a trailer does not occupy the space. Surface drainage
shall be diverted away from the riser.
(4) Sink Wastes. No liquid wastes from sinks shall be discharged into or
allowed to accumulate on the ground surface.
(5) Sewage Treatment and/or Discharge. Where the sewer lines ofthe travel
trailer parking area are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the County Environmental Health
Office prior to construction. Effluents from sewage treatment facilities shall
not be discharged into any waters of the state except with prior approval of
the Colorado State Department of Health.
d. Fire Protection. Adequate fire protection shall be provided and shall be in
compliance with all applicable fire codes and standards. Defensible space and fire
breaks will be considered as part of the Special Use Permit review process.
(am 3/12/02)
LAND USE REGULATIONS 3-44 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
e. Electrical Distribution and Communication Wiring.
(1) Electrical Distribution System. Each recreational vehicle park shall
contain an electrical distribution system to each lot or site, consisting of
wiring, fixtures, equipment and appurtenances thereto which shall be
installed and maintained in accordance with the applicable electrical code
currently in force. Telephone and cable TV systems may be installed and
maintained.
(2) Approval By Utility. All plans for the above services shall have the
approval of the responsible utility prior to County approval of park plans.
f. Service Building.
(1) Applicability. The requirements of this Section shall apply to service
buildings, recreation buildings and other community service facilities
such as management offices; repair shops and storage areas; sanitary
facilities; laundry facilities; indoor recreation areas; and commercial uses
supplying essential goods or services for the exclusive use of park
occupants.
(2) Structural Requirements for Buildings.
(a) Protection. All portions of the structure shall be properly
protected from damage by ordinary uses and by decay, corrosion,
termites, and destructive elements. Exterior portions shall be of
such materials and be so constructed and protected as to prevent
entrance or penetration of moisture and weather.
(b) Sanitary or Laundry Facilities. All rooms containing sanitary
or laundry facilities shall:
i) Walls. Have sound-resistant walls extending to the
ceiling between male and female sanitary facilities.
Walls and partitions around showers, bathtubs, lavatories
and other plumbing fixtures shall be constructed of
dense, non-absorbent waterproof material or be covered
with moisture resistant material.
ii) Windows. Have a minimum of one (I) window or
skylight facing directly to the outdoors. The minimum
aggregate gross area of windows for each required room
shall be not less than ten (10) percent of the floor area
EAGLE COUNTY, COLORADO
Article 3, Janumy 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
served by them. At least one (1) window shall be able to
be easily opened, or the room shall have a mechanical
device that will adequately ventilate the room.
Hi) Toilets. Have toilets locked in separate compartments
equipped with self-closing doors, shower stalls shall be
of the individual type. The rooms shall be screened to
prevent direct view of the interior when the exterior
doors are open.
iv) Illumination. Have illumination levels maintained as
follows:
a. Five (5) foot candles for general seeing tasks;
and
b. Forty (40) foot candles for laundry room work
area and toilet room in front of mirrors,
v) Hot and Cold Water. Have hot and cold water
furnished to every lavatory, sink, bathtub, shower and
laundry fixture, and cold water furnished to every closet
and urinal.
(3) Required Community Sanitary Facilities.
(a) Central Service Building. A central service building containing
the necessary toilet and other plumbing fixtures specified shall be
provided in recreational vehicle parking areas that provide spaces
for vehicles and for tent camping areas. Service buildings shall
be conveniently located within a radius of approximately three
hundred (300) feet to the spaces served. Provided that when a
recreational park is designed for and exclusively limited to use by
self-contained vehicles, no public sanitary facilities shall be
required.
(b) Sanitary Facilities for Women. Sanitary facilities for women
shall include a minimum of one and one-half (1-112) flush toilet,
one (1) lavatory and one (1) shower for each fifteen (15)
recreational vehicle or tent spaces or fractional number thereof.
(c) Sanitary Facilities for Men. Sanitary facilities for men shall
include a minimum of one (1) flush toilet, one (1) urinal, one (1)
3-46 EAGLE COUNTY, COLORADO
Article 3, January 4. 2005
lavatory and one (1) shower for each fifteen (15) recreational
vehicle or tent spaces or fractional number thereof.
(d) Recreational Vehicle Park Connected to Resort. When a
recreational vehicle park requiring a service building is operated
in connection with a resort or other business establishment, the
number of sanitary facilities for such business establishment shall
be in excess of those required by the schedule of recreational
vehicle spaces and shall be based on the maximum number of
persons allowed to use such facilities.
g. Supervision.
(1) Attendant. The attendant or caretaker shall be in charge at all times to
keep the park, its facilities and equipment in a clean, orderly and sanitary
condition.
(2) Owner Answerable. The owner shall be answerable for the violation of
any provision of these Regulations.
(3) Refuse Handling. The storage, collection, and disposal of refuse in a
recreational vehicle park shall be so arranged as to not create health
hazards, rodent harborage, insect breeding areas, accident or fire hazards,
or air pollution. All refuse shall be disposed of at either a municipal or
County designated landfill site, at minimum once per week. See Section
4-410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards.
(am 3/12/02)
(4) Pest Control. Grounds, buildings and structures shall be maintained free
of insect and rodent harborage and infestation. Extermination methods
and other measures to control insects land rodents shall conform with the
requirements of the County Environmental Health Office and the
Department of Colorado Public Health and Environment.
(5) Pet Control. The owners or managers of a recreational vehicle park, or
all owners or persons in charge of any dog, cat, or other pet animal shall
have such animal on a leash, not exceeding ten (10) feet or shall confine
such animals within the space or designated areas within the park, and
shall not pelmit such animal to commit any nuisance. Animals are
restricted to household pets only.
6. Minor Recreational Vehide Parks. A minor recreational vehicle park shall be limited to
supplying parking spaces for travel trailers, camper vehicles and/or tent camping on sites
of a minimum one (I) acre and a maximum of five (5) acres. Individual hook-ups
LAND USE REGULATIONS 3-47 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
for water, sewer and electric are not required for each camping space. Rather, water and
sanitation facilities will be provided within common areas in close proximity to each
camping space. Permanent occupancy in a recreational vehicle park shall not be allowed.
(orig 3/12/02)
a. Limits. A Minor Recreation Vehicle Park shall:
(1) Contain sites for no more than five (5) recreation vehicles per acre with a
maximum of five (5) acres or as otherwise approved throughout the
Special Use Permit review process.
(2) Permit individual recreational vehicles to remain in the Minor Recreation
Vehicle Park no more than 14 consecutive nights.
b. Site Improvements.
(1) Access. The park shall have access to a public road.
(2) Drainage. The park shall be located on a well-drained site, that is graded
or drained and is free from stagnant pools of water.
(3) Landscaping. The site plan shall include a landscaping plan prepared in
accordance with Section 4-220
c. Standards.
(1) Minor Recreation Vehicle Parks shall not be required to conform to
Section 3-310.Y.5., Standards For Maior Recreational Vehicle Parks or
Additions to an Existing Park, except that:
i. Minor Recreation Vehicle Parks shall conform to Section 3-
310.Y.5.a., Site Improvements, above, except that the minimum
area shall be one (I) acre, and;
ii. Minor Recreation Vehicle Parks shall conform to Section 3-
310.Y.5.b.(1I), Water Stations and;
iii. Minor Recreation Vehicle Parks shall conform to Section 3-
310.Y.5.f. (3) Required Community Sanitary Facilities, and;
iv. Minor Recreation Vehicle Parks shall conform to Sections 3-
310.Y.5.g" Supervision.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-320. COMMERCIAL AND INDUTRlAL USE SCHEDULE
7. Application Procedures for Mobile Home and Recreational Vehicle Parks. A Special
Use Permit, issued pursuant to Section 5-250, Special Uses, is required to establish a
mobile home or recreational vehicle park or for additions to existing parks.
Z. Multi-Housekeeping Dwelling Unit
1. Parking. There shall be a minimum of one (1) off-street parking space per bedroom.
2. Dimensional Limitations. Multi-Housekeeping Dwelling Units shall only be permitted
on parcels that conform to the minimum lot size standards of the underlying zone district.
Aa. Tree Storage. Use is limited to open storage of trees or plan materials only. (orig 3/12/02)
1. Sales. There shall be no retail sales of trees on the property. All tree sales must
occur off the property at such businesses as a greenhouse or nursery.
2. Advertisement. Tree Storage areas shall not be advertised, nor advertise the
business for which the trees are being stored.
3. Operation. Operation of noise producing equipment shall be limited to 8am until
5pm. Monday through Saturday.
4. Nuisance. The land owner/operator shall ensure minimal noise, dust and
garbage.
Dead materials must be promptly removed.
5. Proof of Adequate Water. Proof of adequate and legal water to be used for
irrigation purposes must be provided with application.
SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE
SCHEDULE
Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", categorizes the uses that are
applicable to the County's commercial and industrial zone districts.
A. Symbols. Table 3-320 utilizes the same symbols as are described in Section 3-300, Residential.
Agricultural and Resource Zone Districts Use Schedule.
B. Uses Not Listed. Uses that are not listed in Table 3-320 shall be considered to be uses that are not
allowed, unless one of the following occurs:
LAND USE REGULATIONS 3-49 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-320. COMMERCIAL & INDUSTRIAL USE SCHEDULE
1. Regulations Amended. An amendment to these Land Use Regulations is adopted,
pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the
Official Zone District Map, that lists the use in the table and indicates in which zone
districts the use is a use by right, allowed by limited review, or allowed by special review
and in which zone districts it is not allowed.
2. Determination of Similar Use. The Community Development Director determines,
pursuant to Section 5-220, Interpretations, that the proposed use is sufficiently similar to a
use listed in Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". A
use that is determined to be similar to a listed use shall be subject to the same standards as
the use to which it was determined to be similar.
EAGLE COUlvTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-320. COMMERCIAL & INDUSTRIAL USE SCHEDULE
TABLE 3-320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited Review; C/LI C/GI II RC2 Standards
S = Allowed by Special Review; N = Not Allowed
Retail Uses, Restaurants, Personal Services and Offices
Adult Entertainment Uses N S S S See, 3-330 H
Agricultural Equipment, Supplies and Materials Store L R R L
Appliance Sales R R N R
Appliance Service or Repair L R N S
Art Gallery R R N R
Auto Service Station and Repair Garage3 S S R S
Auto and Vehicle Parts Store R R N R
Bank R R N R
Barber or Beauty Shop R R N R
Book, Music or Video Store R R N R
Car Wash R R R L
Clothing or Dry Goods Store R R N R
Computer Sales Store R R N R
Computer Service R R R R
Drive-Through Facility S S N S Sec. 3-330 A
Farmers Market R R S R
Feed Store R R N R
Food or Beverage Store or Bakerv R R N R
Furniture Store R R N R
Garden Supply and Plant Materials Store/GreenhouselNurserv R R R R Sec. 3-330 B
Tree Storage R R R R Sec. 3-310 Aa
liardvvare Store R R N R
Indoor Amusement, Recreation or Theater R R N R
Kennel S S S S
Laundromat R R N R
LAND USE REGULATIONS 3-51 EAGLE COUNTY. COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-320. COMMERCIAl p lNDUSTRlAL USE SCHEDULE
TABLE 3-320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited Review; C/LI ClGI II RC2 Standards
S = Allowed by Special Review; N = Not Allowed
Laundry or Dry Cleaning Pick-Up Station R R N R
Medical or Dental Clinic, including acupuncture R R N R
Mortuary R R N R
Office, Business or Professional R R N R
Personal Adornment/Tattoo Parlor R R N R
Pharmacy R R N R
Photography Studio R R N R
Print Shop or Publishing R R N R
Private Club R R N R
Reading Room R R N R
Resort Recreational Facility N N N S
Restaurant R R N R
Shoe Repair R R N R
Studio for Conduct of Arts and Crafts R R S R Sec. 3-330 C
Tailor Shop R R N R
Vehicle, Aircraft and Pleasure Boat Rental S S R S Sec. 3-330 D
Vehicle, Aircraft and Pleasure Boat Sales, Storage, Service or Repair N S R N
Veterinary Hospital S S S S
Industrial, Service-Commercial and Wholesale Uses4
Assembly, which does not include any fabrication of parts R R R R
Auto Wrecking N N S N
Commercial Laundry or Dry Cleaning Plant S R R N
Compost Facility N N S N
Construction and Demolition Debris Facility N S S S
Contractor Storage Yard N S R S
Distribution Center S S R S
Extraction and Processing of gravel, minerals, rocks, sand or other earth N N S N
Iproducts
Lumber Mill N N S N
Lumber Yard N S R N
LAND USE REGULATIONS 3-52 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-320. COMMERCIAf' fNDUSTRlAL USE SCHEDULE
TABLE 3-320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited Review; C/LI C/GI II RC2 Standards
S = Allowed by Special Review; N = Not Allowed
Manufacture, Assembly or Preparation of Articles or Merchandise From N S R N Sec. 3-330 E
Previously Prepared Materials
Manufacture, Compounding, Processing, Packaging or Treatment of Products N N L N Sec. 3-330 F
Manufacture, use or storage of explosives N N S N
Motor Freight Depot N S R N
Planer Mill N N S N
Plant for Processing Natural Resources and Agricultural Materials N S5 S N
Recycling Collection or Drop Off Center R R R R
Recyclable Materials Processing S S S S
Recycling Operation S S R S
Reduction or Disposal by Sanitary Landfill Method of waste materials, N N S N
garbage, offal or dead animals; or refuse disposal area conducted under a
landfill or sanitary landfill method
Saw Mill N N S N
Shop for Blacksmith, Cabinet Maker, Electrician Glazing, Machining, N S R N
Plnmbing, or Sheet Metal
Telecommunication Facilities S S S S
Transfer Station S S R S
Truck Stop N S R S
Warehouse or Storage Building, including mini-storage S L R N
Wholesale Establishments, including sale of appliances, automotive and S S R S
vehicular equipment, beverages, building materials, clothing, dry goods, feed,
food, fuel, furniture, garden supply and plant materials, hardware and mobile
homes
Residential Uses, Home Uses and Accommodations
Day Care Center L S S L Sec. 3-310 D
Day Care Home L L N L Sec. 3-310 D
Dwelling Units S S N S Sec. 3-330 G
Hotel or Motel S S N S
Mobile Home Park S S N S Sec. 3-310 Y
Nursing or Convalescent Home S S N S
Recreational Vehicle Park S N N S Sec. 3-310 Y
LAND USE REGULATIONS 3-53 EAGLE COUNTY, COLORADO
Article 3, January 4. 2005
ARTICLE 3: ZONE DISTRICTS
TABLE 3-320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited Review; C/L1 C/GI II RC2 Standards
S = Allowed by Special Review; N = Not Allowed
Public Facilities, Utilities and Institutional Uses
Ambulance Facility R R R R
Auditorinm S N N S
Church S S N S
Community or Public Administration Building S S N S
Educational Facility S S N S
Fraternal Lodge R R N R
Heliport S S S S
Helistop L R R L
Hospital S S N S
Impound Lot N S S N
Library R R N R
Museum R R N R
Open space or Greenbelt R R R R
Park and Outdoor RecreationfRecreation Facilities R R S R
Parking Lot or Garage (as the principal use of the parcel) S S S S
Recycling Collection Center R R R R
Post Office/Private Postal Facility R R S R
Transportation Services S S S S
Utilities, including water storage and treatment and wastewater treatment S S S S
facilities
Utility Distribution Facilities R R R R
Utility Substation S S S S
Water Impoundments S S S S
TemDorarv Uses
Temporary Building or Use S S S S Sec. 3-310 W
Notes:
1. Each allowed use shall not exceed 22,000 s.f. of floor area and shall only occur on a lot greater than one (I) acre in size. Any use by
right that meets these standards may only be developed on a lot that was part of a subdivision approved by Eagle County for which
site specific information was provided regarding lot layout, street pattern, drainage, landscaping and utilities; otherwise, the use shall
be considered a use allowed by special review.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-320. COMMERCIAl" TNDUSTRlAL USE SCHEDULE
TABLE 3-320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited Review; C/LI C/GI II RC2 Standards
S = Allowed by Special Review; N = Not Allowed
2. Any use listed in Table 3-300 as a use by right in the Residential Suburban Medium Density (RSM) zone district shall be considered
a use by right in the Rural Center (RC) zone district. Any use listed in Table 3-300 as a use allowed by special review in the
Residential Suburban Medium Density (RSM) zone district shall be considered a use allowed by special review in the Rural Center
(RC) zone district.
3. Auto service station may also include a car wash.
4. In addition to the standards listed for particular uses, see also Article 4, Division 5, Commercial/Industrial Performance Standards,
5. Limited to processing of natural resources and agricultural materials for food and beverages or clothing.
(am 12/17/02)
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-330. REVIEW STANDARDS COMMERCIAL & INDUSTRIAL USES
SECTION 3-330. REVIEW STANDARDS APPLICABLE TO PARTICULAR
COMMERCIAL AND INDUSTRIAL USES
Certain uses are importarIt to the County's character and functions, but may not be appropriate in all
circumstances within a particular zone district. Such uses cannot be judged solely by standards common to
all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also
require individualized standards to review their location, site plan, operating characteristics, intensity and
similar factors.
Those uses in the County's commercial or industrial zone districts that require such additional standards are
identified in the "Standards" column of Table 3-320, "Commercial and Industrial Zone Districts Use
Schedule". The standards for each of these uses are established herein. The definitions of these uses are
found in Section 2-110, Definitions. The following uses are addressed in this section:
A. Drive-in Facility
B. Garden and Plant Materials Store
C. Studio for Arts and Crafts
D. Vehicle, Aircraft and Pleasure Boat Rental
E. Manufacture, Assembly or Preparation of Articles or Merchandise from
Previously Prepared Materials
F. Manufacture, Compounding, Processing, Packaging or Treatment of
Products
G. Dwelling Units
A. Drive-through Facility.
1. Circulation. Drive-through lanes shall provide a minimum of five (5) stacking spaces per
drive up window or counter, which shall be separated from circulation areas required to
enter, exit or circulate through the property. Drive-through lanes shall be marked by
striping, pavement markings or barriers.
2. Minimize Impacts. Drive-through lanes shall be designed, located and operated to
minimize impacts on adjoining properties.
a. Screen. A fence, wall or other opaque screen that is a minimum of six (6) feet in
height shall be provided on all sides of the drive-in facility that are located
adjacent to property that is zoned for or used for residential purposes.
B. Garden Supply and Plant Materials Store. All activity associated with a garden supply and
plant materials store shall be conducted within a building, provided that plants may be stored and
sold outside, within a confined area that is appropriately fenced or screened. Plant materials may
be used for outside screening purposes.
C. Studio for Conduct of Arts and Crafts. All activity associated with a studio for the conduct of
arts and crafts shall be conducted within a building.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-330. REVIEW STANDARDS COMMERCIAL & INDUSTRIAL USES
D. Vehicle, Aircraft and Pleasure Boat Rental. In the Commercial Limited (C/L) zone district,
rentals shall be limited to vehicles only and shall exclude aircraft and pleasure boats.
E. Manufacture, Assembly or Preparation of Articles or Merchandise from Previously
Prepared Materials. Manufacture, assembly or preparation activities shall be limited to only the
prepared materials listed in Table 3-330 E., List of Prepared Materials.
TABLE 3-330 E.
LIST OF PREPARED MATERIALS
1. Aluminum; 12. Hair; 21. Rubber;
2. Bone; 13. Horn; 22. Shell;
3. Canvas; 14. Iron; 23. Steel;
4. Cellophane; 15. Lacquer; 24. Textiles;
5. Cloth; 16. Leather; 25. Tin;
6. Cork; 17. Paint; I 26. Tobacco;
7. Feathers; 18. Paper; 27. Wax;
8. Felt; 19. Plastic; 28. Wire;
9. Fiber; 20. Precious or 29. Wood;2
10. Fur; semi-precious metals 30. Yam.
11. Glass; or stones;
Notes:
1. Painting shall not employ a boiling process.
2. Excluding saw mill, lumber mill, planning mill, and molding plant.
F. Manufacture, Compounding, Processing, Packaging or Treatment of Products.
1. Limitations. Manufacture, compounding, processing, packaging or treatment shall be
limited to items such as bakery goods, candy, cosmetics, dairy products, drugs, meat,
perfumed toilet soap, perfumes, pharmaceuticals and toiletries.
2. Exclusion. Manufacture, compounding, processing, packaging or treatment shall
specifically exclude the rendering of fats and oils, fish and meat slaughtering and
fermented foods, such as sauerkraut, vinegar or yeast.
G. Dwellings Units. Dwelling units shall not exceed thirty-three (33) percent of the total floor area of
all buildings on the site.
LAND USE REGULATIONS 3-57 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS
H. Adult Entertainment Use. An adult entertainment Use shall not operate within 500 feet from any
of the following preexisting uses: a single family residence, a multi-family residence, a duplex
residence, a school or a church.
1. Operating Hours. Adult entertainment uses shall be open only from the hours of
6:00 p.m. to I :00 a.m., except that an Adult Bookstore is not required to limit its operating
hours.
2. Age Limitation. No one under 21 years of age shall be admitted to any establishment
providing an adult entertainment use. This minimum age limitation also applies to any
employees, agents, servants or independent contractors working on the premises during
hours when nude entertainment is being presented.
3. School Defined. For purpose of this section, "school" means any private or public
educational institution primarily providing instruction to students 18 years of age and
younger, including, but not limited to, pre-schools, kindergartens, elementary, middle and
high schools.
SECTION 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS
A. Schedule of Dimensional Limitations. Table 3-340, "Schedule of Dimensional Limitations,"
specifies the dimensional limitations applicable to development in the County's residential,
agricultural, resource, commercial and industrial zone districts. All development shall comply
with these limitations, unless more restrictive standards or limitations are specified by these Land
Use Regulations, in the form of:
1. Standards for a Particular Use. Standards specified for a particular use in Section 3-
310, Review Standards Applicable to Particular Residential, Agricultural and Resource
Uses, or Section 3-330, Review Standards Applicable to Particular Commercial and
Industrial Uses;
2. Standards of a PUD Zone District. Standards specified by an approved planned unit
development (PUD); or
3. Other Standards. Other standards specified by these Land Use Regulations, such as any
applicable limitations for development on steep or unstable slopes.
B. Dual Use of Required Areas. A lot area, yard or open space area that is required by these Land
Use Regulations for a use shall not also be a required lot area, yard or open space area for another
use.
e. Special Provisions for Yards. The following requirements shall be observed in all zone districts:
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS
1. Through Lots. On lots extending from one (1) street to another paralleling street, the
street from which access is obtained shall be considered the front street for purposes of
calculating front yard setbacks. If a use obtains access from both streets, then both streets
shall be considered front streets for purposes of calculating front yard setbacks.
2. Corner Lots. On lots bordered on two (2) contiguous sides by streets, the required front
yard setback shall be observed along both sides.
3. Projections. Every part of a required yard shall be unobstructed from ground level to the
sky except for permitted projections of architectural features, as follows:
a. Patios, Walks, Steps and Portable Play Equipment. Patios, walks, at-grade
steps and portable play equipment may project into a required yard without
restriction.
b. Fire Escapes and Individual Balconies. Fire escapes and individual balconies
not used as passageways may project eighteen (18) inches into any required side
yard or four (4) feet into any required front or rear yard.
c. Roof Overhangs, Stairways and Decks. Roof overhangs, stairways and decks
greater than thirty (30) inches in height may project eighteen (18) inches into any
required front, side or rear yard. Decks that are less than thirty (30) inches in
height may project into any required front, side or rear yard without limitation.
(am 9/27/99)
d. Satellite Dishes. Satellite dishes that are no more than three (3) feet in diameter
may be located within a required yard. Any satellite dish with a diameter greater
than three (3) feet shall be located so as to comply with the setback requirements
of the underlying zone district.
4. Fence, Hedge or Wall. A fence, hedge, or wall may be located in any required yard,
provided that the fence, hedge or wall shall not exceed eight (8) feet in height in a required
side or rear yard, nor shall it exceed three (3) feet in height in any required front yard,
except in the Commercial Limited (CL), Commercial General (CG), Industrial (1), Rural
Center (RC) and Resource (R) zone districts, where an eight (8) foot fence, hedge, or wall
may be located in all yards (front, side, and rear).
5. Survey. If a proposed building, or any part thereof, is to be situated within 18 inches from
the setback line, the Community Development Director may require a location survey to
be submitted prior to scheduling a framing inspection. (orig 3/12/02)
6. Stream Setbacks. In all zone districts, a 50 foot strip of land measured horizontally from
the high water mark on each side of any live stream, or the 100 year floodplain, whichever
provides the greater separation from the live stream, shall be protected in its natural state
with the exception of, including but not limited to: Footpaths, bridges, fences, irrigation
structures, pump houses, flood control and bank stabilization devices may be constructed
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS
thereon. If necessary to protect the stream, additional width may be required. PUD zoned
areas shall also comply with this standard unless either granted a Variance by the Zoning
Board of Adjustment or a variation has been granted by the Board of County
Commissioners. There shall be no projections into either a 100 year floodplain or stream
setback. (orig 3/12/02)
LAND USE REGULATIONS 3-60 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-340. ZONED/STRICT DIMENSIONAL LIMITATIONS
TABLE 3-340
SCHEDULE .OFDIMENSIONAL LIMITATIONS (a11t9/:J7/99).
Zone Minimum Lot Maximum Lot Ma:dmum MillimumFront Minimum Rear Yard Minimum Side Yard Min. Max.
District Area Per Usel Coverage (net Floor Area Yard Setback Setback Setback Stream Height4
developable landi,13 gatio2,13 Setback3
Residential Zone Districts
Fulford 5,000 s.fY Buildings: 15% 0,35:1 The greater of 10' or The greater of 10' or half The greater of 10' or half 50' 28'
half the height of the the height of the tallest the height of the tallest
All Impervious tallest building on building on the 10e building on the loe
Materials: 25% the 10e
RMF Single Family: Buildings: 40% 0.50:1 Arterial Street: 50' The greater of 12.5' or The greater of 12.5' or 50' 45'
6,000 s.f. 7,9, 10 Collector Street: 50' half the height of the half the height of the
Multi Family 8 All Impervious Local Street: 25' tallest building on the lot tallest building on the lot
Materials: 60%
RSM 8,000 s.C' 9,10 Buildings: 25% 0.40: 1 Arterial Street: 50' The greater of 12,5' or The greater of 12.5' or 50' 35'
Collector Street: 50' half the height of the half the height of the
All Impervious Local Street: 25' tallest building on the lot tallest building on the lot
Materials: 45%
RSL 15,000 s.C' 9,10 Buildings: 20% 0.20:1 Arterial Street: 50' The greater of 12.5' or The greater of 12.5' or 50' 35'
Collector Street: 50' half the height of the half the height of the
All Impervious Local Street: 25' tallest building on the lot tallest building on the lot
Materials: 35%
RR 2 acres 7,9, 10 No limitation No limitation Arterial Street: 50' The greater of 12.5' or The greater of 12.5' or 50' 35'
Collector Street: 50' half the height of the half the height of the
Local Street: 25' tallest building on the lot tallest building on the lot
AL 5 acres 7,9,10 No limitation No limitation Arterial Street: 50' The greater of 12.5' or The greater of 12.5' or 50' 35'
Collector Street: 50' half the height of the half the height ofthe
Local Street: 25' tallest building on the lot tallest building on the lot
AR 10 acres 7,9, 10 No limitation No limitation Arterial Street: 50' The greater of 12.5' or The greater of 12.5' or 50' 35'
Collector Street: 50' half the height of the half the height of the
Local Street: 25' tallest building on the lot tallest building on the lot
LAND USE REGULATIONS 3-61 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSJON{1L LIMITATIONS
TABLE 3-340
SCHEDULE iOFDIMENSIONAL LIMITATIONS (am9/27fi)9).
Zone Minimum Lot Maximum Lot Maximum Minimum Front MininlUnt Rear Yard Minimum Side Yard Min. Max.
District Area Per Usel Coverage (net Floor Area Yard Setback Setback Setback Stream Height4
develoDable land)2,13 R.ati()2,13 Setback3
RL 20 acres ,~, IV No limitation No limitation Arterial Street: 50' The greater of 12.5' or The greater of 12.5' or 50' 35'
Collector Street: 50' half the height of the half the height of the
Local Street: 25' tallest building on the lot tallest building on the lot
R 35 acres,lO, II No limitation No limitation Arterial Street: 50' The greater of 12.5' or The greater of 125' or 50' Resid.: 35'
Collector Street: 50' half the height of the half the height of the
Local Street: 25' tallest building on the lot tallest building on the lot All Other
Uses: 40'
BC 35 acres 7,9, 12 No limitation No limitation 50' 50' 50' 50' 28'
ContmercialZone Districts
C/L 7,500 S.C,9 Buildings: 40% 0.50:1 Arterial Street: 50' 20' 12.5' 50' 35'
Collector Street: 50'
All Impervious Local Street: 25'
Materials: 70%
C/G 7,500 s.C, 9 Buildings: 50% 0.60:1 Arterial Street: 50' 20' 12.5' 50' 35'
Collector Street: 50'
All Impervious Local Street: 25'
Materials: 80%
I 7,500 s.C' 9 Buildings: 50% 0.50:1 Arterial Street: 50' 20' 12.5' 50' 40'
Collector Street: 50'
All Impervious Local Street: 25'
Materials: 80%
RC Residential Uses: Buildings: 35% 0,30:1 Arterial Street: 50' 20' 12.5' 50' 35'
8,000 s,fY Collector Street: 50'
All Impervious Local Street: 25'
All Other Uses: Materials: 55% I
7,500 s,fY I
LAND USE REGULA 110NS 3-62 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS
Notes:
1. Minimum lot area per use may be further restricted if an individual sewage disposal system is proposed.
For standards see Section 4-690, Sanitary Sewage Disposal Standards,
2. Maximum lot coverage and maximum floor area may be further restricted by other standards of these
Regulations, including slope development standards. Provided no residential lot shall be so restricted by
minimum lot area per use or maximum floor area ratio limitations that it cannot be occupied by a single-
family dwelling containing no more than fifteen hundred (1,500) square feet of floor area.
3. A 50 foot strip of land or the 100 year floodplain, whichever is the greater distance, measured horizontally
from the high water mark on each side of any live stream shall be protected in its natural state with the
exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices
may be constructed thereon. If necessary to protect the stream, additional width may be required.
Underground utilities may be located in such protected area providing there is no practical alternative
location for such utilities, that the plans are approved by the County Commissioners as a Special Use, and
that all construction scars are revegetated.
4. Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and spires,
domes, cupolas, towers, antennas intended as an accessory use, and similar non-inhabitable building
appurtenances may exceed the maximum height limitations of the underlying zone district by not more than
thirty (30) percent.
5. A Fulford Parcel is two (2) or more continuous lots, under common ownership as of January 1, 1988, as
recorded in the office of the Eagle County Clerk and Recorder. The interior lot lines of two (2) or more
contiguous lots under common ownership shall not be used to determine setback requirements.
6. Floor area and setback limitations notwithstanding, a single ownership lot in existence as of January 1,
1988, and as recorded in the office of the Eagle County Clerk and Recorder, shall be permitted to contain a
single-family residential unit containing up to one thousand (1,000) square feet of floor area, provided the
maximum lot coverage of buildings shall not exceed twenty-five (25) percent of lot area.
7. Considering only the net area of developable land.
8. Density shall not exceed twelve (12) dwelling units per acre of net developable land.
9. Effective density may be reduced by other standards of these Regulations, including the slope development
standards.
10. Minimum lot area may be reduced for a Cluster Development; see Section 3-310 B, Cluster Development.
11. A combination of compatible uses may be considered as a single use.
12. Or such smaller area as may have been legally created prior the adoption of subdivision regulations by
Eagle County on April 6, 1964.
13. Accessory buildings, excluding garages, shall not be larger than eight hundred-fifty (850) square feet. The
floor area of the accessory building shall count toward the property's maximum floor area (if the accessory
building contains habitable space) and lot coverage calculations. Its location shall comply with all
applicable setback standards and it shall comply with the applicable height restrictions ofthe underlying
zone district. (orig 3/12/02)
LAND USE REGULATIONS 3-63 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
SECTION 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT (orig. 1/4/05)
A. Applicability. The provisions and regulations of this section shall apply to all lands within the
unincorporated area of Eagle County which are located within the Floodplain Overlay (FO) zone
district. If a structure, lot, or other parcel of land lies partly within the FO zone district, the part of
such structure, lot, or parcel lying within the district shall meet all requirements for the FO zone
district.
B. Liability. The degree of flood protection intended to be provided by this section has been
determined to be reasonable for regulatory purposes and is based on engineering and scientific
methods of study. Floods of greater magnitude may occur and flood heights may be increased by
man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris.
This zone district does not imply that the areas outside floodplain zone district or land uses
permitted within such areas will be free from flooding or flood damages or that compliance with
these regulations will prevent any or all damages from flooding. Nor shall this article create a
liability on the part of, or a cause of action against, the County of Eagle or any officer or employee
thereof for any flood damages that may result from reliance on this article or any administrative
decision.
C. Designation of Floodplain Management Administrator. The Board of County Commissioners
hereby designates the County Engineer or his/her designee as the Floodplain Management
Administrator to assist in the implementation and administration of the FO zone district
regulations. Duties of the Floodplain Management Administrator shall include the following:
1. Set Fees. Receive completed applications and set the fees associated therewith.
2. Review Applications. Review all permit applications to determine whether the
requirements of the FO zone district have been satisfied and all necessary permits have
been obtained from local, state, or federal agencies from which prior approval is required
by law, including Section 404 of the Federal Water Pollution Control Act.
3. Set Base Flood Elevation (BFE). Obtain, review, and reasonably utilize any base flood
elevation data available from state, federal, or other sources.
4. Maintain Lowest Floor Elevation Records. Obtain and maintain the actual elevation
records and certificates ofthe lowest floor, including the basement, of all new or
substantially improved structures, and, if the structure has been flood proofed, the
elevation to which the structure was flood proofed; and certification by a registered
Professional Engineer in the State of Colorado or architect that the flood proofing methods
for any non-residential structure meet the flood proofing criteria.
5. Maintain All Records. Maintain for public inspection all records pertaining to the
provisions of the FO zone district including records of permits granted and records of all
variance actions with justification for their issuance. Variances issued shall be reported on
an annual basis to the Federal Insurance Administration.
COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN o VERLA Y ZONE DISTRICT
6. Notify Communities and Agencies. NotifY adjacent communities, potentially impacted
communities and property owners, and the Colorado Water Conservation Board prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to
the Federal Insurance Administration.
7. Determine if Development is in Floodway or Flood Fringe. Determine whether the site
for a proposed development is located in a floodway, the flood fringe, or outside the
floodplain pursuant to section 3-350 H of the PO zone district.
8. Approve Floodplain Development Permits. Review all permit applications which
involve a use or structure enumerated in sections 3-350 F, 3-350 G and 3-350H ofthe FO
zone district and based thereon, either approve the application and grant a permit, or deny
the application pursuant to section 3-350 J.
9. Administer FO Zone Districts. Carry out other administrative duties in the
implementation and administration of the FO zone district regulations as the Board of
County Commissioners may from time to time delegate to the Floodplain Management
Administrator.
10. Interpret Maps. Make interpretations where needed, as to the exact location of the
boundaries of the FO zone district where there appears to be a conflict between a mapped
boundary and actual field conditions based upon an engineering study by the applicant.
11. Make Recommendations to the Zoning Board of Adjustment. Review and transmit
recommendations to the Zoning Board of Adjustment regarding requested variances and
appeals pursuant to Section 5-260.
12. Make Recommendations on Amendments to the FO Zone District. Review floodplain
reports approved by the Colorado Water Conservation Board and make recommendations
to the Planning Commission and Board of County Commissioners regarding necessary
amendments or additions to the PO zone district.
D. Official Floodplain Maps. The PO zone district is comprised of the 100 year floodplain of the
rivers and creeks in unincorporated Eagle County.
1. Designation of Official Maps. The following reports designate the location and
boundaries of the FO zone district:
a. A report entitled "Flood Insurance Study, Eagle County, Colorado,
Unincorporated Areas," which includes detailed floodplain information and data
for Buffer Creek, Eagle River at Minturn, Frying Pan River, Taylor Creek, Brush
Creek, Roaring Fork River, Eagle River at Red Cliff, and Turkey Creek, dated and
revised January 25, 1983, prepared by Gingery Associates, Inc., under contract
with the Federal Insurance Administration.
b. Flood Insurance Rate Maps prepared by FEMA for Eagle County, last revised
January 25, 1983.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN o VERLA Y ZONE DISTRICT
c. Floodplain Information Report of the Roaring Fork and Frying Pan Rivers, Eagle
County, Colorado, prepared by Wright-McLaughlin Engineers and dated
February, 1978.
d. United States Department of the Interior, Geological Survey Maps of Flood-Prone
areas for the Basalt Quadrangle, Edwards Quadrangle, Eagle Quadrangle,
Gypsum Quadrangle, Minturn Quadrangle, and Wolcott Quadrangle dated 1974.
e. Gore Creek Floodplain Information, Vail, Eagle County, Colorado, prepared by
Hydro-Triad, Ltd., and dated June, 1975.
f. Flood Information Report, Roaring Fork River, Town of Basalt, Eagle and Pitkin
Counties, Prepared by Matrix Design Group dated November 14, 200 I.
g. Flood Information Report, Eagle and Colorado River, Eagle County, Colorado
prepared by Matrix Design Group dated August 22,2003.
h. Any further floodplain studies that have been approved by the Board of County
Commissioners with the prior concurrence of the Colorado Water Conservation
Board.
2. Adoption of Floodplain Maps. Maps officially adopted by the Board of County
Commissioners as a part of the FO zone district may be amended in accordance with the
procedures prescribed in Section 5-230, Amendments to the Text of These Land Use
Regulations or the Official Zone Change Map.
3. Public Inspection of Maps. The Eagle County Engineering Department shall keep
copies of the reports cited in Section 3-350 D.1 on file and open to public inspection.
4. Interpretation of Official Maps. Where interpretation is needed as to the exact location
of the boundaries of the FO zone district, the Floodplain Management Administrator shall
make the necessary interpretation by referring, as necessary, to the engineering study upon
which the maps and elevations are based, to the professional engineers who prepared the
study, to the Colorado Water Conservation Board, and/or the Federal Emergency
Management Agency. The base flood elevations, as shown on the flood profiles and in the
floodway tables of the Eagle County Flood Insurance Study as prepared by the Federal
Emergency Management Agency, shall be the governing factor in determining accurate
boundaries.
E. Division of the Floodplain Overlay Zone District. The FO zone district within the
unincorporated territory of the County of Eagle subject to these regulations is hereby divided into
the following areas.
1. Flood-prone area. The flood-prone area means an approximate area encompassing the
area in and adjacent to a stream or other watercourse, which is subject to flooding as the
result of a base flood, the water surface elevations of which have not been determined by
LAND USE REGULATIONS 3-66 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN o VERLA Y ZONE DISTRICT
detailed engineering study. Such area is equivalent to the "area of special flood hazards"
designated as "Zone A" on Flood Insurance Rate Maps (FIRM) and to "Flood-prone
Areas" on U.S. Geological Survey Flood-prone Area Maps.
2. Floodway. The floodway means the high hazard area and encompasses an area which
includes the channel of a stream or other watercourse and any adjacent floodplain areas
which are reasonably required to carry and discharge the floodwaters of a base flood and
which must be kept free of development so the base flood can be carried without an
increase in flood height. If the floodway is not identified, it is considered to be identical to
the floodplain. Specifically, a floodway is defined as the stream channel plus any adjacent
floodplain areas that must be kept free of development so the base flood can pass with no
more than a 0.5 foot increase in the water surface elevation or the energy grade line,
providing hazardous velocities are not produced for all rivers except the Roaring Fork
River. The floodway for the Roaring Fork River is defined as the stream channel plus any
adjacent floodplain areas that must be kept free of development so the base flood can pass
with no increase in the water surface elevation or the energy grade line. However, for all
rivers, in no instance shall the floodway-flood fringe boundary be closer than twenty-five
(25) feet to the natural streambank.
3. Flood Fringe. The flood fringe means the low hazard area, encompassing that area
between the outer boundary of the floodway and the outer limit of the 100-year floodplain.
F. Regulations of Flood-Prone Areas. The provisions of this section shall apply to each Flood-
Prone area as identified on the official map or maps listed in Section 3-350 D.
1. Floodplain Development Permit Required. No person shall engage in development of
any kind, whether a conforming or nonconforming use or structure, within a Flood-Prone
area without first obtaining a floodplain development permit.
2. Prohibited Uses. No development on or over any portion of a Flood-Prone area shall be
permitted which alone, or cumulatively with other such activities, would cause or result in
any of the following:
a. The storage or processing of materials that in time of flooding are buoyant,
flammable, explosive, or otherwise potentially injurious to human, animal or plant
life.
b. The disposal of garbage or other solid waste materials.
c. The potential of substantial solid debris or waste being carried downstream by
floodwaters.
d. The increase in the level or likelihood of flooding on the property or on any other
properties that may be impacted by the development.
3. Allowed Uses. The following uses shall be allowed within a Flood-Prone area:
COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
a. Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, and sod farming.
b. Private and public recreational uses, such as golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, target ranges, shooting preserves, trap and
skeet ranges, hunting and fishing areas, fish hatcheries, and hiking, biking and
equestrian trails, except that structures accessory to such uses shall not be located
in a Flood-Prone area.
4. The Flood Hazard's Specific Extent Has Not Yet Been Determined. The specific
extent of the flood hazard has not yet been determined in a flood-prone area. The
boundaries of the flood-prone area are based on physical factors indicating flow and
direction of water, historical flood experience, or other readily available data.
5. Determine if in Floodway or Flood Fringe. The flood hazard is of such significance
that before any proposed development, other than those uses enumerated in subsection 3,
of this section 3-350 F, may be permitted in any portion of such area, public health, safety
and welfare require that a determination shall be made as to whether the site of the
proposed development or activity is located within a floodway or flood fringe. The
Floodplain Management Administrator shall make such determination promptly and as
may be appropriate and practical. Any application for a permit to conduct development in
a Flood-Prone area shall not be considered complete or be accepted unless and until it is
accompanied by the results of studies necessary to determine whether the proposed
development is located in a floodway or flood fringe.
6. Technical Criteria. These floodplain studies shall meet the technical criteria established
by the Colorado Water Conservation Board and the Federal Emergency Management
Agency for the review and designation of floodplain delineation studies.
7. Notice of Floodway or Flood Fringe Determination. Upon receipt of the completed
study and a determination by the Floodplain Management Administrator that such study is
true and accurate; the Floodplain Management Administrator shall inform the applicant in
writing whether the site of the proposed development or activity lies within any of the
following:
a. The floodway, in which case further processing ofthe application shall be
governed by section 3-350 H, and the applicable provisions of this Section.
b. The flood fringe, in which case further processing of the application shall be
governed by section 3-350 G, and the applicable provisions of this Section.
c. None of the above, in which case none of the provisions of the FO zone district
shall have any further applicability to such application.
G. Regulations for the Flood Fringe. The provisions of this section shall apply to each flood fringe
area as identified in one of the official FO zone district maps.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN 0 VERLA Y ZONE DISTRICT
1. Floodplain Development Permit. No person shall engage in development of any kind,
whether a conforming or nonconforming use or structure, within a flood fringe without
first obtaining a floodplain development permit.
2. Stream Setbacks. When applicable, a floodplain development permit will only be issued
if a variance from the Zoning Board of Adjustments pursuant to Section 5-260 or variation
from the stream setbacks approved as part of Planned Unit Development pursuant to
Section 5-240 has been obtained.
3. Prohibited Uses. No development or uses on or over any portion of the flood fringe shall
be permitted which alone, or cumulatively with other such development or uses, would
cause or result in any of the following:
a. The storage or processing of materials that in time of flooding are buoyant,
flammable, explosive, or otherwise potentially injurious to human, animal, or
plant life.
b. The disposal of garbage or other solid or liquid waste materials.
c. The potential of substantial solid debris or waste being carried downstream by
floodwaters.
d. The construction or improvement of a structure, whether fixed or mobile, such
that any external wall shall be not less than fifteen (15) feet from the stream side
of the flood fringe.
e. The lowest floor, including the basement, of any such building or structure shall
be not less than one (1) foot above the maximum base flood elevation. The lowest
adjacent grade surrounding the structure shall be filled to at least the base flood
elevation, compacted with slopes and protected by vegetated cover.
f. The lowest interior grade, including crawl spaces, shall not be lower than the base
flood elevation.
4. Allowed Uses. The following uses shall be allowed within the flood fringe:
a. Residential Structures. Residential structures and uses are allowed provided
that:
(1) Any residential structure, whether fixed or mobile, designed for human
occupancy or the storage of property, shall be constructed, located or
improved so that any external wall shall be not less than fifteen (15) feet
from the stream side of the flood fringe.
(2) The lowest floor, including the basement, of any such building or
structure shall be not less than one (1) foot above the maximum base
COUNTY, COLORADO
Article 3, January 4. 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
flood elevation. The lowest adjacent grade surrounding the structure shall
be filled to at least the base flood elevation, compacted with slopes and
protected by vegetated cover.
(3) The lowest interior grade, including crawl spaces, shall not be lower than
the lowest adjacent grade.
b. Nonresidential Structures. Nonresidential structures or uses are allowed
provided that:
(1) Any nonresidential structure shall be constructed, located or improved so
that any external wall shall be not less than fifteen (15) feet from the
stream side of the flood fringe.
(2) Any nonresidential structure shall either have the lowest floor, including
the basement, not less than one (1) foot above the BFE; or together with
attendant utility and sanitary facilities shall be flood proofed so that below
the computed BFE the structure is water tight with walls substantially
impermeable to the passage of water; have structural components capable
o,fresisting hydrostatic and hydrodynamic loads and effects of buoyancy;
and be certified by an engineer or architect registered in the State of
Colorado that the standards of this subsection are satisfied. Such
certifications shall be submitted to the Floodplain Management
Administrator or its designated representative and provide that where a
non-residential structure is intended to be made watertight below the
BFE, (i) a registered professional engineer or architect in the State of
Colorado shall develop and/or review structural design, specifications,
and plans for the construction and shall certifY that the design and
methods of construction are in accordance with current technical criteria,
and (ii) a record of such certificate which includes the specific elevation
(in relation to the appropriate datum) that the structures are flood proofed.
All flood proofing shall meet the current technical criteria set by the
Colorado Water Conservation Board and the Federal Emergency
Management Agency. Such certifications shall be provided to the
Floodplain Management Administrator.
(3) In the event that floodwaters in the flood fringe can be expected to attain
a velocity greater than three (3) feet per second (at any point where the
proposed development is to occur), additional flood proofing shall be
required sufficient to withstand such greater water velocity.
(4) Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, and sod
farming.
(5) Private and public recreational uses, such as golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps,
COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
swimming areas, parks, wildlife and nature preserves, trap and skeet
ranges, hunting and fishing areas, fish hatcheries, hiking, biking and
equestrian trails.
(6) Open area residential uses such as lawns, gardens, parking areas, and play
areas.
(7) Uses accessory to open space or uses for which a permit is required under
the FO zone district.
(8) Railroads, streets, roads, bridges, utility lines and facilities, and structures
for irrigation, drainage or flood control.
H. Regulations for the Floodway. The provisions of this section shall apply to each floodway as
identified on the official FO zone district maps.
1. Floodplain Development Permit. No person shall engage in development of any kind,
whether a conforming or nonconforming use or structure, within the floodway without
first obtaining a floodplain development permit.
2. Prohibited Uses. No development, encroachment, use, or alteration in, on, or over any
part of the floodway shall be permitted which alone or cumulatively with other such uses
would cause or result in:
a. The occupation of permanent or temporary structures.
b. The development or use of overnight campgrounds and travel trailer parks.
c. The storing or processing of materials that are buoyant, flammable, explosive, or
otherwise potentially injurious to human, animal or plant life.
d. Solid waste disposal sites and central collection sewage treatment facilities.
e. The potential of solid debris (including, but not limited to garages, storage sheds,
decks, fences, etc.) or waste (including, but not limited to septic systems, etc.)
being carried downstream.
f. An encroachment that would adversely affect the efficiency and capacity of the
floodwayor change the direction of flow or cause any increase in the base flood
elevation or so as to cause foreseeable damage to others, wherever located.
g. An encroachment, including fill, new construction, substantial improvements and
other development unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not result in any
increase in flood levels or velocities during the occurrence of the base flood
discharge.
LAND USE REGULATIONS 3-71 EAGLE COUNTY. COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
3. Allowed Uses. The following uses shall be permitted within the floodway to the extent
that are not prohibited in a particular area by any underlying zoning district and only if
they do not adversely affect the efficiency of the floodway, change the direction of flow or
increase the BFE.
a. Agricultural uses such as general farming, grazing of livestock and horses, sod
farming and wild crop harvesting.
b. Uses accessory to residential uses including but not limited to lawns, open areas,
gardens, driveways and play areas.
c. Recreational uses not requiring permanent or temporary structures designed for
human habitation.
d. Road and highway structures.
I. Mobile Home Parks and Recreational Vehicle Parks. The provisions of this section shall apply
to all mobile home parks and recreational vehicle parks currently in the FO zone district, or
proposed to be in the FO zone district.
1. Anchors. Use of existing mobile homes within the floodway, the flood fringe or a flood-
prone area may be continued as a nonconforming use provided, however, that any mobile
home located within the floodway, the flood fringe and/or a flood-prone area shall be
anchored to resist flotation, collapse or lateral movement in the event of flooding by
providing over-the-top and frame ties to ground anchors. Specific requirements shall be as
follows:
a. Over-the-top Ties. Over-the-top ties be provided at each of the four corners of
the mobile home with two additional ties per side at intermediate locations, with
mobile homes less than fifty (50) feet long requiring one additional tie per side.
b. Frame Ties. Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with homes less than fifty (50) feet
long requiring four additional ties per side.
c. Components. All components of the anchoring system be capable of carrying a
force of 4,800 pounds.
d. Additions. Any additions to the home be similarly anchored.
2. New Mobile Homes in the Floodplain. Development of new mobile home parks, the
expansion of any existing mobile home parks, the placement of any mobile homes outside
a mobile home park within the floodway, flood fringe or a flood-prone area shall be
prohibited.
LAND USE REGULATIONS 3-72 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
3. Lowest Floor Above the BFE. All new mobile homes or those to be substantially
improved shall be elevated on a permanent foundation such that the lowest floor of the
mobile home is one foot above the BFE.
4. Recreational Vehicles. Recreational vehicles that meet the following conditions may be
located in the flood fringe:
a. The recreational vehicle is located on the site for fewer than one hundred eighty
(180) consecutive days.
b. The recreational vehicle is fully licensed and ready for highway use.
J. Floodplain Development Permit. A floodplain development permit shall be obtained from the
Floodplain Management Administrator before the start of construction or development within the
FO zone district.
1. Contents of Floodplain Development Permits. Applications for floodplain
development permits are to be submitted to the Floodplain Management Administrator
and shall include the following information as applicable:
a. Application Form. A completed application form with all necessary information
completed.
b. Site Plan. A plan at a scale of 1"=200' or as approved by the Floodplain
Management Administrator, stamped by an engineer registered in the State of
Colorado, which includes:
(1) the site location.
(2) a legal description of parcel.
(3) base flood limits and water surface elevations.
(4) floodway limits.
(5) channel of watercourse.
(6) existing and proposed contours or elevations at no more than 2' intervals.
(7) existing and proposed structures, with the lowest floor elevations
(including basements and garages) of each structure.
(8) proposed elevations to which structures will be flood proofed (if
applicable).
(9) location and elevations of existing streets, water supply, and sanitation
facilities.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
(10) limits and total land area of all existing and proposed impervious surfaces,
including structures.
(11) existing water supply ditches, irrigation ditches and laterals.
(12) all maps shall comply with the National Map Accuracy Standards.
c. Channel Cross-Section. A typical cross-section showing:
(1) the channel of the watercourse.
(2) limits of floodplain adjoining each side of channel.
(3) cross-section area to be occupied by the proposed development.
(4) existing and proposed base flood elevations.
d. Construction Specifications. Specifications for construction and materials of
buildings, flood proofing, filling, dredging, grading, channel improvements,
storage of materials, water supply, and sanitation facilities as applicable.
e. Alteration of Water Course. Description of the extent to which any water
course will be altered or relocated as a result of the proposed development.
f. Floodway Floodplain Development Requirements. If development is proposed
in a floodway then a floodway analysis by a Colorado Registered Professional
Engineer must be completed using methodology acceptable to the Federal
Emergency Management Agency and Colorado Water Conservation Board and
must meet the following guidelines:
(1) If a detailed hydraulic floodway analysis has not been performed, the
responsibility for determining the floodway boundary rests with the
floodplain development permit applicant. The need for a detailed
hydraulic floodway analysis shall be the decision of the Floodplain
Management Administrator.
(2) The Floodplain Management Administrator may require that the detailed
hydraulic floodway analysis be based on the identical hydraulic model
which was used to develop the engineering study currently adopted by the
Board of County Commissioners, if available. The applicant should
obtain, through the Floodplain Management Administrator, a copy of the
input data representing the computer model used for the effective flood
hazard study if available.
(3) The model must then be updated to existing hydraulic conditions to
determine what increase in the 100 year water surface elevation levels
EAGLE COUNTY. COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN o VERLA Y ZONE DISTRICT
have already been achieved by development since the floodplain was
established.
(a) Alternate floodway configurations may then be analyzed based on
methods as outlined in the cunent U.S. Army Corps of Engineers
HEC-RAS Water Surface Profiles Users Manual and submitted to
the Floodplain Management Administrator for review and
approval.
(b) Approval will be based on demonstration that the cumulative
effects of the proposed development, plus the effects of
development since the original flood hazard area was established,
does not cause a rise in the base flood elevation.
(c) At the Floodplain Management Administrator's discretion, where
a regulatory floodway has been designated, it may not be
necessary to determine the cumulative effects of existing
development.
(4) Floodway boundary configurations will be examined and approved by the
Floodplain Management Administrator. The following specific
information, for the stream reach 1000 feet upstream and 1000 feet
downstream from the proposed encroachment, must be submitted:
(a) A copy of the printout for the hydraulic computer model
representing the base flood profile run for conditions existing at
the time the currently effective floodplain was developed. The
printout must include the full input and output listing.
(b) A copy of the printout from the hydraulic computer model
representing the floodway run for the proposed floodway
configuration and including developments and other hydraulic
changes within the floodplain since the currently effective
floodplain was established. The printout must include the full
input and output listing with all input changes from the original
model highlighted.
(c) A copy of the floodway data table representing data for the
proposed floodway configuration.
(d) A copy of the currently effective official engineering study
showing the existing floodplain and the proposed floodway
configuration.
(e) Certification from a Colorado Registered Professional Engineer
that the proposed floodway configuration, in combination with
current floodplain hydraulic conditions, meets FEMA and CWCB
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
requirements when evaluated against flood elevations established
when the original floodplain study was completed.
g.. Report. An engineering report addressing those standards set forth in this
section, signed and sealed by a Colorado Registered Professional Engineer.
2. Standards for Permit Review.
a. Completeness. No later than (10) days following receipt of a completed
application for a floodplain development permit, the Floodplain Management
Administrator shall:
(1) Determine and set a fee in an amount necessary to cover the costs
incurred in the review and approval or disapproval of the permit
application, including all hearings, copying, mailings, publications, labor,
overhead, consultants, experts, and attorneys that the county deems
necessary, and shall notifY the applicant in writing of the amount of the
fee. Until the fee is paid to the Floodplain Management Administrator,
the application for the floodplain development permit shall not be further
processed.
(2) Determine if the application is complete. If the application is not
complete the Floodplain Management Administrator shall in writing
notifY the applicant of the deficiency of the application. Until the
information is submitted to the Floodplain Management Administrator,
the application for the floodplain development permit shall not be further
processed.
(3) The amount of the fee may be increased at any time if it is determined by
the Floodplain Management Administrator that the fee is not sufficient to
cover all costs associated with the floodplain development permit.
b. Review of Application. Once the application is complete and the fee is paid, the
Floodplain Management Administrator shall within thirty (30) days either:
(1) Approve the application and grant a permit if the proposed development
complies with these regulations. The Floodplain Management
Administrator may attach such permit conditions as deemed necessary in
furthering the purpose of the FO zone district.
(2) Deny the application if the proposed development does not comply with
the regulations of the FO zone district. The decision of the Floodplain
Management Administrator shall state, in writing, reasons for the decision
and shall be given to the applicant.
c. Permit Issued Only for Allowed Use. A floodplain development permit shall
not be issued unless the proposed development complies with the standards and
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
uses allowed in the FO zone district and will not otherwise violate the purposes
and intent of these Floodplain Regulations.
d, Determination of Flood Hazard. In reviewing an application for a floodplain
development permit, the Floodplain Management Administrator shall determine
the specific flood hazard at the site and shall evaluate the suitability of the
proposed use in relation to the flood hazard.
e. Other Permits and Approvals. The floodplain development permit applicant
must obtain all other necessary permits and approvals from which approval is
required by local, Federal or State law, including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334.
f. Issuance of Permit. If the Floodplain Management Administrator determines
that the application for a floodplain development permit meets the purposes and
requirements of this Section, the floodplain development permit shall be issued,
with the attachment of any conditions as deemed necessary to further the purposes
of this Section. Such conditions may include, but are not limited to, specifications
for modification of waste disposal methods and facilities, landscaping, periods of
operation, operational controls, sureties, deed restriction, and adequate flood
proofing.
3. Building Permit. The Chief Building Official shall not issue any permit for, nor shall the
Community Development Director allow any use involving any building, structure, or
other development within the FO zone district unless a floodplain development permit has
been granted for the development.
4. Permit Expiration. A floodplain development permit shall expire two years after the
date of issuance if the permittee has not commenced construction under the permit.
5. Waiver of Submission Requirements. The Floodplain Management Administrator may
waive any part but not all of the submission requirements imposed by the FO zone district
upon petition by the applicant that a portion of the submission requirements is
inapplicable to the development for which the permit is sought, and/or full compliance
with the submission requirements would be unreasonable burdensome for the applicant
and that the proposed development will have an insubstantial impact on the surrounding
area. Such a waiver may be granted, after due consideration by the Floodplain
Management Administrator, upon written determination that the information to be
submitted is sufficient for the Floodplain Management Administrator to arrive at a permit
decision in full compliance with the law and these Floodplain Regulations and that the
proposed development will have an insubstantial impact on the surrounding area.
6. Notice to Purchaser or Lessee. In addition to the provisions set forth in the
Administrative Regulations, in the event that a permit issued under these Floodplain
Regulations allows a structure to be located in a floodplain, the terms of the permit shall
require notice that the structure is being located in a floodplain and must be disclosed to
the purchaser or lessee in the purchase contract, deed or lease.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
7. Permit Conditions. The Floodplain Management Administrator may attach such
conditions to granting of a permit for proposed development in the floodway, the flood
fringe or a flood-prone area, as he deems necessary in furthering the purposes of these
Floodplain Regulations. Such conditions may include, but not be limited to, specifications
for modifying waste disposal and water supply facilities, landscaping, deed restrictions, or
adequate flood proofing.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
Chapter 2
Article 4, pages 88-91
ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-650. DRAINAGE STANDARDS
1. System Standards. The irrigation delivery system shall meet minimum delivery requirements
for the development and shall encompass the control of wastewater, drainage water, and
surface water resulting from irrigation, and shall protect and deliver the water rights of others
using the same water source.
2. Review. The irrigation delivery system shall be reviewed and approved by the County
Environmental Health Manager, considering how it affects the operation of individual sewage
disposal systems on lots within and adjacent to the development. The irrigation delivery
system may also be subject to review and approval by the State Engineer.
C. Restriction Of Irrigation Methods. Eagle County may restrict the methods of irrigation to be
employed in a development in order to prevent an artificial and detrimental rise of the groundwater
table under the subdivided land or adjacent lands.
D. Irrigation Ditch Easements. Irrigation ditch easements shall be provided for all irrigation ditches
crossing the proposed development, unless the applicant can prove conclusively that they have been
legally abandoned. Irrigation ditch easements shall be of a width equal to the average ditch width plus
twenty (20) feet, or as otherwise recommended by the ditch owner and as approved by the Board of
County Commissioners.
E. Irrigation Ditch Maintenance. Irrigation ditch owners shall be responsible for the maintenance ofthe
ditch and any attendant structures unless other written agreements are entered into between the applicant
and ditch owner. Such agreement(s) shall be filed as part of the final approval documents. Maintenance
within the public way shall require the applicant to obtain a "Permit To Construct Within The Public
Way Of Eagle County", which is administered by the Eagle County Engineer's Office.
SECTION 4-650 DRAINAGE STANDARDS
A. Purpose and Applicability.
1. Purpose. Land development, particularly increased impervious surface area, has been shown
to degrade water quality and alter natural hydrology. The standards of this section are
intended to minimize the likelihood and extent of flooding and environmental damage from
uncontrolled urban runoff.
2. Applicability. These standards shall apply to any commercial or industrial development, any
proposed subdivision or PUD, proposed development within one hundred (100) feet of a
water body, and to any other development creating ten thousand (10,000) square feet or more
of impervious surface area.
B. Standards. Stormwater runoff from all proposed development shall be managed so as to comply with
the following standards: (1) No Direct Discharge; (2) Minimize Directly-Connected Impervious
Areas; (3) Detain and Treat Run-off; (4) Conveyance of 100-year Storm Flow; and, (5) Other
Techniques. (am 1/4/05)
1. No Direct Discharge. Stormwater discharge shall comply with one (1) of the following
management options:
EAGLE COUNTY, COLORADO
Article 4 January 4, 2005
ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-650. DRAINAGE STANDARDS
a. Vegetated Surface. Sheetflow across at least one hundred (100) feet of stable,
vegetated surface prior to discharge to any natural water body, or flow in one hundred
(100) feet of non-erosive grass channels;
b. On Site Treatment. On-site treatment of stormwater by use of best management
practices designed to detain and infiltrate the runoff and approved as part of the
Stormwater Control Plan prior to discharge to any natural water body; or (am
3/12/02)
c. Structure. Discharge to a stormwater conveyance structure, designed to
accommodate the projected additional flows from the proposed project, with
treatment by a best management practice prior to discharge into any natural water
body. (am 1/4/05)
2. Minimize Directly-Connected Impervious Areas. The extent of directly-connected
impervious areas shall be minimized by having runofffrom fifty (50) percent of all developed
impervious surfaces (rooftops, parking lots, sidewalks, etc.) drain over grass buffer strips
before reaching stormwater conveyance systems. The fifty (50) percent requirement may be
reduced if the outflow from the grass filter strip is directed to other stormwater treatment
methods.
a. Examples. Examples of other potential techniques to be used in conjunction with
grass buffer strips are: infiltration devices; constructed wetlands; sand filters;
replacing curb and gutter systems with low velocity grass lined swales; and, over-
sizing swales, ditches and culvert crossing (such as driveway intersections) to provide
additional detention storage.
b. Slope. The maximum allowable slope for developed land surfaces that drain to grass
buffer strips is ten (10) percent. The slope of the vegetative buffer strip itself should
be no greater than five (5) percent and should be of a uniform gradient to insure
evenly distributed sheet flows. Terracing and retaining wall construction may be
required if necessary to maintain allowable slopes.
c. Formula. The design width, or distance along the sheet flow direction, shall be the
greater of the following:
width = 8.0 feet
0.2 L
Where L equals the length of the flow path of the sheet flow over the upstream
impervious surface.
3. Detain and Treat Run-off. Permanent storm water detention facilities shall be designed to:
(a) treat stormwater for pollutant removal; b) reduce peak flows to historic levels and
minimize extreme flooding; and, (c) prevent erosion of downstream channels. Detention
facilities shall be designed to comply with the following standards (am 1/4/05):
EAGLE COUNTY, COLORADO
Article 4 January 4, 2005
ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-660. EXCA VA TION AND GRADING STANDARDS
a. Pollutant Removal. Removal of pollutants shall be accomplished by providing
ninety (90) percent trap efficiency for particles 0.005 mm in diameter or larger from
the two (2) year, twenty-four (24) hour storm. For drainage from parking lots,
vehicle maintenance facilities, or other areas with extensive vehicular use, this
standard may require the use of a sand and oil grease trap or similar practice (e.g.,
constructed wetland, extended detention with no initial release, etc.).
b. Peak Flow Reduction. Peak flow reduction shall be accomplished by limiting
detention pond release rates to historic (undeveloped) peak flows for all storms up to
and including the twenty-five (25) year, twenty-four (24) hour design storm. In
determining runoff rates, the entire area contributing runoff must be considered,
including any off-site contribution. Off-site contributions shall be based on the fully
developed potential based upon proposed land uses. To minimize the threat ofmajor
property damage or loss of life, all permanent stormwater detention facilities must
provide for the safe passage of the one hundred (100) year storm event.
c. Downstream Channels. Channels downstream from the discharge of stormwater
shall be protected from increased channel scour, bank instability, and erosion and
sedimentation from the twenty-five (25) year design storm. The use of natural
drainage ways as receiving streams is required unless it can be shown that no
alternatives to changing natural drainage locations exist.
4. Conveyance of toO-year Storm Flow. All applications for any land development listed in
Section 4-650.A.2. Applicability, shall include design provisions for the overland conveyance
of the post development 1 OO-year storm flows through the site without damage to any public
or private property. (orig 3/12/02)
5. Other Techniques. Other techniques, not specifically identified, may be considered for
implementation subject to the approval of the County Engineer. (orig 1/4/05)
C. Stormwater Control Plan. An applicant for any development listed in Section 4-650 A.2.,
Applicability, shall submit a stormwater control plan prepared by a qualified professional engineer
registered in the State of Colorado. The plan shall contain the applicable information as listed in
Section 4-665 C., Erosion and Sediment Control Plan, and the following additional information: (am
1/4/05)
1. Calculations. Hydrologic, hydraulic and all other calculations used to size and design
drainage facilities and/or structural best management practices.
2. Maintenance. Maintenance measures for all proposed best management practices shall be
identified including access, schedules, costs, and designation of a responsible party.
SECTION 4-660 EXCA V ATION AND GRADING STANDARDS (orig 3/12/02)
A. Purpose and Applicability.
1. Purpose. The purpose of these requirements is to safeguard life, limb, property and the
public welfare by regulating grading on private property.
EAGLE COUNTY, COLORADO
Article 4 January 4, 2005
ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-665. EROSION CONTROL STANDARDS
2. Applicability. No person shall do any grading without first having obtained a grading permit
or an exemption from a grading permit from the Eagle County Engineer.
3. Excavating and Grading Standards
a. Application. The excavation and grading standards shall be as contained in the
current edition of the International Building Code Appendix J. Grading. The
current edition will be as specified in Section 3.02 Application of Chapter III of
the Eagle County Land Use Regulations also known as the Building Resolution.
(am 1/4/05)
b. Amendments. The standards shall also include amendments to the current edition
of the International Building Code as contained in Section 3.05 ofthe Building
Resolution. (am 1/4/05)
SECTION 4-665 EROSION CONTROL STANDARDS (am 3/12/02)
A. Purpose and Applicability
1. Purpose. Siltation of rivers and other water bodies is a leading cause of water quality
impairment in rivers and lakes. The purpose of these requirements is to minimize the water
quality impacts resulting from land development and other land disturbing activities.
2. Applicability. This section shall apply to any disturbance within one hundred (100) feet of a
stream, all residential development disturbing more than one-half (2) acre, all commercial and
industrial development, and all proposed subdivisions and PUD's.
B. Erosion Control Standards. The applicant shall minimize erosion of soils from a site that is being
developed by complying with the following standards.
1. Phase Construction. Construction activities, such as clearing, grading, road construction,
and utilities installation shall be phased to minimize soil exposure. Sediment trapping
practices and stream and other water body protection shall be installed and stabilized before
site grading or other construction is initiated.
2. Soil Stabilization. All disturbed areas and soil stockpiles shall be surface roughened,
mulched, or seeded and mulched, or otherwise protected from erosive forces if they will
remain exposed and inactive for periods longer than fourteen (14) days, or if soil will be
exposed during winter, so erosion will not occurring during spring snow melt. Disturbed
areas shall be mulched, or seeded and mulched within seven (7) days after final grade is
reached. Grass or straw mulch shall be crimped in place. On slopes steeper than twenty (20)
percent, or within fifty (50) feet of any water body, exposed soils shall be hydromulched or
covered with nets or mats.
3. Permanent Revegetation. Any disturbed area that is not built upon for one (1) year or longer
shall be revegetated with a perennial, native grass mix. Within one growing season of project
completion, vegetative site coverage shall be equal to or greater than seventy (70) percent of
EAGLE COUNTY, COLORADO
Article 4 January 4, 2005
Chapter III
The Temporary Certificate of Occupancy for Commercial or Multi-Family
dwellings shall have a time period of up to, but not more than, one year from
date of issuance, where a project does not have a Construction Improvement
Agreement.
The Temporary Certificate shall be posted in a conspicuous place on the
premises until final approval for occupancy complete.
3.04.11 WORK shall mean the construction, demolition, alteration, repair, moving or change
in the class of occupancy of any building, equipment or structure, and shall include
the installation, construction, alteration or repair of any private or subsurface
sewage-disposal system, and the placement and use of a mobile home as a living
unit elsewhere than in an approved mobile-home park as defined in the Eagle
County Land Use Regulations.
IBC
INTERNATIONAL BUILDING CODE
AMENDMENTS
3.05 THE INTERNATIONAL BUILDING CODE, 2003 EDITION, IS SPECIFICALLY
AMENDED AS FOLLOWS:
A. Section 101.4 Referenced Codes: Section 101.4 Referenced Codes is amended
as follows: The other codes listed in 101.4.1 through 101.4.7 and referenced
elsewhere in this code shall not be considered part of this code, unless specifically
adopted.
B. Section 102.4 Referenced Codes and Standards: Section 102.4 Referenced
Codes and Standards is amended by adding the following: Reference to other
codes such as
Plumbing, Mechanical, and Electrical shall refer only to the currently adopted code of
that type.
C. Section 105.1.1 Annual Permit: Section 105.1.1 Annual Permit: Delete section.
D. Section 105.2 Work Exempt from Permit: Section 105.2 Work Exempt from
permit is amended by adding the following:
Item 6 is amended as follows: Platforms, sidewalks and driveways not more than 30
inches above grade and not over any basement or storage below and which are not
part of an accessible route.
Item 11 is amended as follows: Swings and other playground equipment.
7
Add Item 14: Private use agricultural buildings as defined in Section 202 placed on a
lot over 2 acres in size.
Delete electrical, plumbing and gas.
E. Section 108.2 Schedule of Permit Fees. Section 108.2 Schedule of permit fees is
amended as follows: The fee for each permit shall be as set forth in Table 2 of the
Eagle County Building Resolution. The fee for each permit will be paid at time of
submittal.
F. Section 108.2.1 Plan Review Fee. Add Section 108.2.1 Plan Review fee: When
submittal documents are required by Section 106.1, a plan review fee shall be paid
at the time of submitting the submittal documents for plan review. Said plan review
fee shall be 65 percent of the building permit fee as shown in Table 2 of the Eagle
County Building Resolutions.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 108.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional
plan review or when the project involves deferred submittal items as defined in
Section 106.3.4.2 an additional plan review fee shall be charged at the rate shown in
Table 2.
G. Section 108.3 Building Permit Valuations. Section 108.3 Building Permit
Valuations is amended as follows: The valuation for building permits in Eagle County
shall be based on the most recent cost figures per square foot as shown in
International Building Code Valuation Table published by International Code Council.
The Eagle County Modifier is 1.4. The latest Valuation Table may be found at
"iccsafe.org" or at the Eagle County Community Development Office. All valuations
will be considered as good construction or the valuation provided by the applicant,
whichever yields the higher.
H. Section 108.4 Work Commencing before Permit Issuance. Section 108.4 Work
Commencing before Permit Issuance is amended to read as follows: An
investigation fee, in addition to the permit fee, may be collected whether or not a
permit is then or subsequently issued. The minimum investigation fee shall be four
times the minimum fee set forth in Table 2 of the Eagle County Building Resolution.
The payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
I. Section 108.6 Fee Refunds. Section 108.6: Fee refund is amended by adding the
following: The Building Official shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder which was erroneously paid or
collected.
2. Not more than 80 percent of the permit fee paid when no work has been
done under a permit issued in accordance with this code.
8
. 3. Not more than 80 percent of the plan review fee paid when an application
for a permit for which a plan review fee has been paid is withdrawn or
canceled before any plan review effort has been expended.
The Building Official shall not authorize the refunding of any fee paid,
except upon written request filed by the original applicant not later than
180 days after the date of fee payment.
J. Section 110.2 Certificate Issued. Section 110.2 Certificate Issued shall be
amended to read: Final Certificate of Occupancy Inspection approval shall be the
Certificate of Occupancy.
K. Section 707.15 Shaft Enclosure Required. Add Section 707.15 Chimney chase
enclosures of factory built fireplaces shall be enclosed with materials for one-hour
fire-resistive construction on the interior side of the chase. Requirements for
enclosure of chimneys shall be as set forth in Table 12 of this text.
L. Table 1016.1 Corridor Fire-Resistance Rating. Amend Table 1016.1 "Required
Fire-Resistance Rating with Sprinkler System" column to read "1 hour" for all
occupancy classifications.
M. Section 1025 Emergency Escapes and Rescue. Section 1025 Emergency
Escapes and Rescue: Amend to delete Exception 1.
N. Section 1608.2 Ground Loads. Section 1608.2 Ground Loads is hereby deleted
and replaced with the following: Snow loads for roofs and decks shall be determined
by the most current edition of the "Snow Load Design Data for Colorado" prepared
by the Structural Engineers Association of Colorado.
Mobile homes built with a snow load design less than that specified by the most
current edition of the "Snow Load Design Data for Colorado" prepared by the
Structural Engineers Association of Colorado may be installed provided the owner
agrees in writing to maintain the snow accumulation on the mobile home so as not to
exceed the designed maximum snow load of the mobile home.
O. Section 1608.4 Sloped Roof Snow Loads. Section 1608.4 Sloped Roof Snow
Loads, add the following sentence: Where snow fences or guards are installed on
roofs to prevent snow from sliding off of the roof, the snow load shall not be
permitted to be reduced based on roof slope.
P. Section 1805.2.1 Frost Protection. Section 1805.2.1 Frost Protection is amended
by deleting Section 1805.2.1 entirely and replacing with the following: Foundation
walls, piers and other permanent supports of buildings and structures shall be
protected from frost by the following method; Footings subject to frost shall have a
minimum depth of 48" measured from finish grade to the bottom of the footing or the
depth specified by the soils engineer of record.
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Q. Section 1805.4.5 Timber Footings. Section 1805.4.5 Timber Footings: Delete
Section.
R. Section 2101.1 Scope. Section 2101.1 Scope is amended by adding the following
sentence: No building or mechanical permits will be issued for the installation of a
wood burning device unless the device is a new technology device as defined in
Eagle County Land Use Regulations or is otherwise exempt.
S. Section 2111.14.3 Exterior Air Intake. Section 2111.14.3 Exterior Air Intake is
amended by adding the following: Outside combustion air intake shall be required
for all gas-fired and wood burning fireplaces. Combustion air ducts shall be a
minimum 26 gauge sheet metal for the portion of duct extending through the building
on the outside of the fire-resistive shaft. Ducts extending from the fireplace and
exiting directly to the outside without passing through any other portion of the
building may be of any material permitted by the fireplace manufacturer or the
International Mechanical Code.
Fireplaces: Where dampers are required to be removed, clamped or welded open.
Doors in front of fireplace openings are required.
T. Section 3001.1.2 Existing Elevators and Escalators. Add Section 3001.1.2
Existing Elevators and Escalators. Existing elevators and escalators shall comply
with A17.3 dtd 2002
U. Chapter 30 Elevators and Conveying Systems Section 3001.5 Fees. A fee for
each permit and plan review shall be paid to the Northwest Colorado Council of
Governments as setforth in Table 10 of this resolution. The annual certificate of
inspection will be administered by the certified elevator inspection agency. For
permit applications and inspections contact Elevator Inspection Program at (970)
468-0295 Ext. 108
V. Appendix C Section C101.1 Scope. Section C101.1 first paragraph is amended by
adding the following: The provisions of this appendix shall also apply to buildings on
property 2 acres or larger, where the buildings are used for human habitation, public
riding arenas or public events. Plumbing, Mechanical and Electrical permits shall be
required for all agricultural buildings regardless of whether a Building Permit is
required.
W. Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding
the following sentence: Grading permits shall be permitted, regulated and enforced
by the Eagle County Engineer.
X. Appendix J Section J103.2 Exemptions. Section J103.2 Exemptions is amended
by adding the following sentence: Grading of roads in zone districts R, RL, AR and
AL which are in an isolated, self-contained area and there is no danger to private or
public property that will be used for ranching and agricultural uses only.
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Y. Appendix J Section J103.2.2 Exemptions. Section J103.2.2 Exemptions is
amended by revising J 1 03.2.2 to read as follows: An excavation below finished
grade for basements and footings of a building, retaining wall or other structure
authorized by a valid building permit. This shall not exempt any fill made with the
material from such excavation if it is not part of the plans submitted for the building
permit.
z. Appendix J, Section J104.1.2 Grading Designation. Add Section J104.1.2
Grading Designation. Grading in excess of 5,000 cubic yards shall be performed in
accordance with the approved grading plan prepared by a civil engineer, and shall
be designated as "engineered grading." Grading involving less than 5,000 cubic
yards shall be designated "regular grading" unless the permittee chooses to have
the grading performed as engineered grading, or the Eagle County Engineer
determines that special conditions or unusual hazards exists, in which case grading
shall conform to the requirements for engineered grading.
AA. Appendix J, Section J104.1.3 Regular Grading Requirements. Add Section
J1 04.1.3 Regular Grading Requirements. Each application for a grading permit shall
be accompanied by a plan in sufficient clarity to indicate the nature and extent of the
work. The plans shall give the location of the work, the name of the owner and the
name of the person who prepared the plan. The plan shall include the following
information:
. 1. General vicinity of proposed site.
. 2. Limiting dimensions and depth of cut and fill.
. 3. Location of any buildings or structures where work is to be performed and
the location of any building or structures within 15 feet of the proposed
grading.
AB. Appendix J, Section J105.3 Final Reports. Section J105.3 Final Reports is
amended by adding a new subsection: Where drainage improvements are required,
the work is to be completed per approved plans and ready for inspection at the time
of the Temporary Certificate of Occupancy inspection. It will be the general
contractor's responsibility to maintain positive drainage on the site during all phases
of construction, including protection of any drainage along the Public Roadway.
AC. Appendix J, Section J112 Bonds. Section J112 Bonds is amended as follows:
The Eagle County Engineer may require collateral in a form acceptable to Eagle
County in such amounts as may be deemed necessary to ensure that the work, if
not completed in accordance with the approved plans and specifications, will be
corrected to eliminate hazardous conditions.
AD. Appendix J, Section J113 Work Commencing before Permit Issuance. Section
J113 Work Commencing before Permit Issuance is added as follows: An
investigation fee, in addition to the permit fee, may be collected whether or not a
permit is then or subsequently issued. The minimum investigation fee shall be four
times the minimum fee set forth in Table 11A of the Eagle County Building
Resolution. The payment of such investigation fee shall not exempt any person from
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compliance with all other provisions of this code nor from any penalty prescribed by
law.
IRC
INTERNATIONAL RESIDENTIAL CODE
AMENDMENTS
3.06 THE INTERNATIONAL RESIDENTIAL CODE, 2003 EDITION, IS SPECIFICAllY
AMENDED AS FOllOWS:
A. R102.4 Referenced Codes and Standards. R102.4 Referenced Codes and
Standards is amended by adding the following: Reference to other codes such as
Plumbing, Mechanical, and Electrical shall refer only to the currently adopted code of
that type.
B. Section R104.4Inspections. Section R104.4 Inspections add the following
paragraphs: A third party inspection by a certified log inspection agency shall be
required of all structural members in log framed buildings. A letter from the log
grading agency certifying log grades are in accordance with the plan specifications
shall be required at, or prior to frame inspection.
Elevators installed in all structures shall require a third party plan review and
inspection by Northwest Colorado Council of Governments.
C. Section R105.2 Work Exempt from Permit: Section R105.2 Work Exempt from
permit is amended by the following:
Item 1 is amended as follows: One-story detached accessory structures used as
tool and storage sheds, playhouses and similar uses provided the floor area does
not exceed 120 square feet.
Item 5 is amended as follows: Platforms, sidewalks and driveways not more than 30
inches above grade and not over any basement or storage below and which are not
part of an accessible route.
Delete electrical, gas, and plumbing exemptions from this section.
D. Section R108.2 Schedule of Permit Fees. Section R108.2 Schedule of permit
fees is amended by adding the following: The fee for each permit shall be as set
forth in Table 2 of the Eagle County Building Resolution. The fee for each permit will
be paid at time of submittal.
E. Section R108.2.1 Plan Review Fees. Section R108.2.1 Plan Review Fees is
amended to read: When submittal documents are required by Section 106.1, a plan
review fee shall be paid at the time of submitting the submittal documents for plan
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