HomeMy WebLinkAboutR05-107 special use permit Nextel West Communications (Spahmer)
Commissioner r"15/]moved adoption
of the following( esolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 -
APPROV AL
OF THE SPECIAL USE PERMIT
for the NEXTEL WEST CORP d/b/a NEXTEL COMMUNICATIONS
TELECOMMUNICATIONS FACILITY
IN WOLCOTT (SP AHMER PROPERTY)
FILE NO. ZS-00125
WHEREAS, on or about December 21 st, 2004, Nextel West Corp d/b/a Nextel
Communications; (herein after "Applicant") did file an application with the Eagle County
Department of Community Development for a Special Use Permit for a Telecommunications
Facility, located in the Resource Zone District in the unincorporated area of Eagle County
described as follows:
A parcel ofland owned by James Spahmer; addressed 0850 Hwy 131, Wolcott; Section
15, Township 4 South, Range 83 West, 6th P.M., County of Eagle, State of Colorado;
See attached Exhibit A
WHEREAS, this site was also referred to as the "Cliff Hanger" site; and,
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Planning Commission July 6th, 2005 and by the Eagle County Board of County
Commissioners on July 26t\ 2005; and;
WHEREAS, the applicant desires to locate a Telecommunications Facility on private
property, in Wolcott. The facility is proposed to consist of a 50' tall, co-locatable monopine on
which multiple cellular panel antennas will be placed. A concrete pad will sit at the base of the
pole for related equipment/equipment shelter. The facility has incorporated materials and colors
to integrate the site with its surroundings; the site shall also be appropriately mitigated to ensure
soil stability, etc.; and,
1
WHEREAS, the applicant has made material representation during the hearings which is
binding, unless otherwise modified by other conditions (for example- use of aggregate on the
equipment shelter); and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards
for the review of a Special Use Permit:
[1] Section 5-250.B.1. Consistent with Master Plan. The proposed Special
Use Permit CAN be shown to be appropriate for its proposed location and
be consistent with the purposes, goals, objectives and policies of the
Master Plan and Master Plan FLUM, and related sub-area master plans.
[2] Section 5-250.B.2 Comvatibility. The proposed Special Use IS
appropriate for its proposed location and IS compatible with the character
of surrounding land uses.
[3] Section 5-250.B.3 Zone District Standards. The proposed Special Use
DOES comply with the standards of the zone district in which it is located
and the standards applicable to the particular use, as identified in Section
3-310, Review Standards Apvlicable to Particular Residential,
Agricultural and Resource Uses.
[4] Section 5-250.B.4 Design Minimizes Adverse Impact. The design of the
proposed Special Use DOES adequately minimize adverse impacts,
including visual impact of the proposed use on adjacent lands. The
Special Use WILL avoid significant adverse impact on surrounding lands
regarding trash, service delivery, parking and loading, odors, glare, and
vibration. Adverse impact on surrounding lands regarding noise and
traffic, WILL NOT create a nuisance.
[5] Section 5-240.F.3.e (5) Design jifinimizes Environmental Impact. The
proposed Special Use CAN fully minimize environmental impacts, and
though it will not cause significant deterioration of water and air resources,
wildlife habitat, and other natural resources, it WILL NOT cause
significant deterioration to scenic resources.
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[6] Section 5-250.B.6 Impact on Public Facilities. The proposed Special Use
IS adequately served by public facilities and services such as roads,
pedestrian paths, potable water and waste water facilities, parks, schools,
police and fire protection, and emergency medical services.
[7] Section 5-250.B.7 Site Development Standards. The proposed Special
Use, as conditioned, DOES fully comply with all the appropriate standards
in Article 4, Site Development Standards.
[8] Section 5-250.B.8 Other Provisions. The proposed Special Use DOES
comply with all standards imposed on it by all other applicable provisions
of these Land Use Regulations for use, layout, and general development
characteristics.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the Special Use Permit application for the Nextel West Corp d/b/a Nextel
Communications Telecommunications Facility, located in the Resource Zone District, in the
unincorporated area of Eagle County described herein, be approved, subject to the following
conditions, and that violation of any condition shall be the basis for revocation of the Special Use
Permit:
1. Except as otherwise modified by this Permit, all material representations made by
the Applicant in this application and in public meeting shall be adhered to and
considered conditions of approval.
2. The Applicant must adhere to all recommendations as provided in the Colorado
Geological Survey (CGS) memorandum dated June 16th, 2005. Building
Plans/application must reflect applicable recommendations.
'"l The Applicant must adhere to all recommendations as stated in Condition 2 if the
-'.
Engineering memorandum dated June 22nd, 2005. Building Plans/application must
reflect applicable recommendations.
4. The applicant must obtain and record any applicable easements from the property
owner. Recorded easements and/or related documents must be submitted with the
Building Permit application.
5. Proposed contours must be shown on the required Building Permit for any grading
involved with the site.
6. The facility shall be maintained to ensure that the monopine retains visual
integrity (i.e. fallen branches shall be replaced, etc.).
3
7. This facility/lease area and/or equipment shelter must be designed to support at
least one (1) co-location from a second low power wireless provider.
8. Applicant (Nextel or assigns) shall notify the Community Development Director
when altering or modifying equipment on the Telecommunications Facility. If a
co-locator wishes to install equipment on the monopine, the co-locator must also
notify the Community Development Director prior to the initial installation, and
any subsequent alterations or modifications of their equipment in the
Telecommunications Facility thereafter. Notification shall include both a written
description and detailed plans showing equipment on the outside of the monopine,
as well as any modifications to the equipment shelter and/or lease area. Any
increase in the height of the monopole, or the increase of the lease area will
necessitate a new Special Use Permit.
9. All fencing for this lease area must be in an appropriate material such as a painted
or "plastic dipped" chain link fence. Further, the equipment/equipment shelter
shall be maintained to blend in with the surrounding landscape.
10. Materials used for landscaping and/or erosion control purposes shall be
maintained in perpetuity to ensure proper health and soil stability. Any dead
materials, failing erosion control devices or subsequent erosion effects not
previously anticipated, shall be removed, replaced and/or mitigated immediately
upon discovery.
11. Applicant will be responsible for the best landscaping application which is
feasible with the native soils to include erosion and weed control
12. If the County receives any visual complaints regarding the facility the owner must
address those complaints in a timely fashion.
13. The tower's visual standards must emulate the "Squaw Creek"
telecommunications facility as a minimum standard for this and future
installations of "monopine" wireless communication poles.
14. Discontinuance of this use for a period of 12 months constitutes a revocation of
this Special Use Permit. Removal of the facility (including all equipment,
structures, etc.) and the reclamation of the disturbed site will be the responsibility
of the landowner. The site must be restored within 45 days of the termination of
this Special Use Permit; the site is to be restored to its original, natural state..
THAT, this permit shall be subject to review as provided for by the Eagle County Land
Use Regulations.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
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THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County C9mmissioners of the ,
County of Eagle, State of Colorado, at its regular meeting held the / UJ day of {)!.t.~yt~d:
2005, nunc pro tunc to the 26st day of July, 2005. :I'
OF EAGLE, STATE OF COLORADO, By and
BOA COUNTY COMMISSIONERS
ATTEST:
BY:
eak . Simonton
Clerk to the Board of
County Commissioners
Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Arn M. Menconi
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of
5
'Exhibit Al
Nextel Telecommunications Facility
28-00125
SITE
.. ,..".
\
700 0 700 1400 2100 2800 Feet
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LEGEND ..
,.., level 2 Bound8ry (Deblled GIS Data)
RIvers and Roads
.' ~ .,' RIvers
~= Land SUrvey Grid
C Parcels tJV:ilE COUNY
BoundarieS USE OF THIS MAP SHOULD BE FOR
_ StaI& of CoIonodo GENERAl AND INFORMATIONAL PURPOSES
BlM ONLY. EAGLE COUNTY DOES NOT
USFS WARRANT THE ACCURACY OF THE
WIldernesS INFORMATION CONTAINED HEREIN.
(' r-
Chapter 2
Article 3
ARTICLE 3
ZONE DISTRICTS - EAGLE COUNTY
ARTICLE 3
ZONE DISTRICTS
TABLE OF CONTENTS
PAGE
DIVISION 3-1. GENERAL......................................................................................................................... ........... 3-1
Section 3-100. Establishment of Zone Districts ........................................................................................................ 3-1
Section 3-110. Official Zone District Maps .............................................................................................................. 3-1
Section 3-120. Interpretation of Zone District Boundaries ....................................................................................... 3-2
DIVISION 3-2. PURPOSES OF ZONE DISTRICTS..........................................................................................3-3
Section 3-200. General....................................................................................................................... ...................... 3-3
Section 3-210. Residential, Agricultural and Resource Zone Districts ..................................................................... 3-3
Section 3-220. Commercial and Industrial Zone Districts ........................................................................................3-5
Section 3-230. Planned Unit Development (PUD) Zone District ............................................................................3-5
Section 3-240. Eagle-Vail PUD .............................................................................................................................. ... 3-6
Section 3-250. Floodplain Overlay Zone District ...................................................................................................... 3-6
DIVISION 3-3. USE AND DIMENSIONAL STANDARDS ............................................................................... 3-7
Section 3-300. Residential, Agricultural and Resource Zone Districts Use Schedule .............................................. 3-7
Section 3-310. Review Standards Applicable to Particular Residential, Agricultural and Resource Uses ............. 3-12
Section 3-320. Commercial and Industrial Zone Districts Use Schedule................................................................ 3-49
Section 3-330. Review Standards Applicable to Particular Commercial and Industrial Uses................................. 3-56
Section 3-340. Zone District Dimensional Limitations........................................................................................... 3-58
Section 3-350. Floodplain Overlay Zone District ................................................................................................... 3-64
LAND USE REGULATIONS 3-1 EAGLE COUNTY, COLORADO
Article 3, January 4. 2005
ARTICLE 3: ZONE DISTRICTS 3-100. ESTABLISHMENT OF ZONE DISTRICTS
ARTICLE 3
ZONE DISTRICTS
DIVISION 3-1. GENERAL
SECTION 3-100. ESTABLISHMENT OF ZONE DISTRICTS
A. Purpose. The purpose of this Article is to establish the zone districts and zone district overlays that
regulate the type and intensity of land uses within the unincorporated area of Eagle County.
B. Division of County Into Zone Districts. The unincorporated area of Eagle County is hereby divided
into the minimum number of zone districts necessmyto achieve the compatibility of uses and character
within each zone district, to implement the Master Plan and to achieve the purposes ofthese Land Use
Regulations.
C. Zone Districts Established. The following zone districts and zone district overlays are hereby
established:
1. RMF. Residential Multi-Family
2. RSM. Residential Suburban Medium Density
3. RSL. Residential Suburban Low Density
4. RR. Rural Residential
5. AL. Agricultural Limited
6. AR. Agricultural Residential
7. RL. Resource Limited
8. R. Resource
9. BC. Backcountry
10. FH. Fulford Historical
11. CL. Commercial Limited
12. CG. Commercial General
13. I. Industrial
14. RC. Rural Center
15. PUD. Planned Unit Development
16. Eagle-Vail PUD. Eagle-Vail Planned Unit Development
17. FO Floodplain Overlay
SECTION 3-110. OFFICIAL ZONE DISTRICT MAPS
A. Maps Established. The location and boundaries of the zone districts established by these Land Use
Regulations with the exception of the FO Zone District Maps are shown on the maps entitled "Eagle
County Official Zone District Maps". The Official Zone District Maps and all explanatory materials
contained thereon are hereby established and adopted as part of these Land Use Regulations,
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3- I 20. INTERPRET A TION OF ZONE DISTRICT BOUNDARIES
incorporated into these Land Use Regulations by reference and made a part hereof. The Official Zone
District Maps shall be identified by signature of the Chairman of the Board of County Commissioners
and bear the date of their adoption. The FO Zone District Maps are listed in Section 3-350 D. Official
Floodplain Maps. (am 1/4/05)
B. Location. The Official Zone District Maps are filed in the Office of the County Clerk. A copy of the
Official Zone District Maps is on display and available for inspection during normal business hours in
the Community Development Department. The FO Zone District Maps are on file and available from
the Office ofthe County Engineer. (am 1/4/05)
C. Amendment. If, pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations
or the Official Zone District Map, an amendment is made to the Official Zone District Maps, such
amendment shall be entered on the maps by the Community Development Director promptly following
its adoption. A note shall be entered on the maps, indicating the number of the amending resolution
and the date of its adoption. The FO Zone District Maps shall be amended pursuant to Section 5-230,
Amendments to the Text of These Land Use Regulations or the Official Zone District Map, and
records of such amendments shall be kept by the Office of the County Engineer. (am 1/4/05)
SECTION 3-120. INTERPRETATION OF ZONE DISTRICT BOUNDARIES
The Community Development Director shall be authorized to determine the precise location of any zone
district boundaries shown on the Official Zone District Maps. The Community Development Director shall
follow the procedures of Section 5-220, Interpretations, and the rules of this Section in determining the precise
location of zone district boundaries. The County Engineer shall be authorized to determine the precise location
of the boundaries of the FO zone district as outlined in Section 3-350 D. (am 1/4/05)
A. Boundaries Follow Mnnicipal or County Limits. Zone district boundary lines shown as following
or approximately following municipal or county limits shall be construed as following such limits.
B. Boundaries Follow Section Lines, Platted Lot Lines or Right-of-Way Center Lines. Zone district
boundary lines shown as following or approximately following section lines or platted lot lines shall be
construed as following such lines. Zone district boundary lines shown as following or approximately
following a road, alley or railroad right-of way shall be construed to lie on the centerline of such right-
of-way.
1. Land Not Platted or Lot Divided By Zone District Boundary. For land which has not been
platted, or where a zone district boundary divides a lot or parcel, the location of such
boundary, unless indicated by dimension, shall be determined by scale of the zone district
maps.
2. Vacated Right-Of-Way. Where a zone district boundary coincides with a right-of-way line
and said right-of-way is subsequently vacated, the zone district boundary shall continue to
follow the centerline of the former right-of-way.
EAGLE COUNTY. COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-120. INTERPRETA TJON OF ZONE DISTRICT BOUNDARIES
3. Land Not Designated in Any Zone District. Land that is not part of a public right-of-way
and that is not designated on the Official Zone District Map as being in any zone district shall
be considered to be included in that adjacent zone district that is the most restrictive with
regard to minimum lot area standards, even when such zone district is separated from the land
in question by a public right~of-way.
C. Boundaries Follow Streams or Rivers. Zone district boundary lines shown as following or
approximately following the centerline of streams, rivers or other continuously flowing watercourses
shall be construed as following the channel of such watercourse. In the event of a natural change in
the location of such stream, river, or other watercourse, the zone district boundary shall be construed
as moving with the channel. In any instance where the channel moves beyond the Eagle County
limits, the zone district boundary shall remain coterminous with the County limits.
DIVISION 3-2.PURPOSES OF ZONE DISTRICTS
SECTION 3-200. GENERAL
This Division specifies the purpose and intent of the zone districts established by these Land Use Regulations.
The zone districts have been organized into four broad classifications. These are: residential, agricultural and
resource zone districts; commercial and industrial zone districts; planned unit development (PUD) district; and
floodplain overlay district. (am 1/4/05)
SECTION 3-210. RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS
A. Residential Multi-Family (RMF). The purpose ofthe Residential Multi-Family (RMF) zone district
is to provide for higher density residential development within the County's community centers, where
transportation facilities, necessary infrastructure and employment opportunities are already available.
This is accomplished by permitting development of single-family, duplex and multi-family residences
on lots of six thousand (6,000) square feet or larger and by setting maximum lot coverage and
maximum floor area standards appropriate for such uses and lots. The zone district also permits the
development of small, convenience-type commercial uses to serve the neighborhood.
B. Residential Suburban Medium Density (RSM). The purpose ofthe Residential Suburban Medium
Density (RSM) zone district is to provide for moderate density residential development within the
County's community centers, where transportation facilities, necessary infrastructure and employment
opportunities are already available. This is accomplished by permitting development of single-family,
duplex and multi-family residences on lots of eight thousand (8,000) square feet or larger and by
setting maximum lot coverage and maximum floor area standards appropriate for such uses and lots.
The zone district also permits the development of small, convenience-type commercial uses to serve
the neighborhood.
C. Residential Suburban Low Density (RSL). The purpose ofthe Residential Suburban Low Density
(RSL) zone district is to provide for relatively low density residential neighborhoods within and at the
periphery of the County's community centers and rural centers. This is accomplished by permitting
LAND USE REGULATIONS 3-3 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRiCTS 3-210. RESIDENTIAL. AGRiCULTURAL AND RESOURCE ZONE DISTRICTS
development of single-family, duplex and multi-family residences on lots of fifteen thousand (15,000)
square feet or larger and by setting standards that limit the maximum lot coverage and maximum floor
area of structures.
D. Rural Residential (RR). The purpose of the Rural Residential (RR) zone district is to serve as a
transition area between the denser development found in towns, community centers and rural centers
and the lower densities found in the County's agricultural and resource areas. This is accomplished by
permitting development of single-family dwelling units on lots of two (2) acres or more, or by
encouraging clustered development on smaller lots within those portions of a property that do not
contain environmental resources or natural hazard areas and by maintaining the remainder of the
property as common open space or agricuIturalland.
E. Agricultural Limited (AL). The purpose of the Agricultural Limited (AL) zone district is to maintain
the rural character of areas outside of the County's towns, community centers, rural centers and resorts,
while allowing for some appropriate residential development. This is accomplished by permitting
development of single-family dwelling units on relatively larger lots of five (5) acres or more, or by
encouraging clustered development on smaller lots within those portions of a property that do not
contain environmental resources or natural hazard areas and by maintaining the remainder of the
property as common open space or agricuIturalland.
F. Agricultural Residential (AR). The purpose of the Agricultural Residential (AR) zone district is to
maintain the rural character of outlying areas of Eagle County, while allowing for compatible low
density residential development. This is accomplished by permitting development of single-family
dwelling units on relatively larger lots of ten (l0) acres or more, or by encouraging clustered
development on smaller lots within those portions of a property that do not contain environmental
resources or natural hazard areas and by maintaining the remainder of the property as common open
space or agricuIturalland.
G. Resource Limited (RL). The purpose of the Resource Limited (RL) zone district is to protect areas of
Eagle County that contain valued natural resources and agricultural uses, while allowing some
relatively low density development to occur. This is accomplished by permitting development of
single-family dwelling units on relatively larger lots of twenty (20) acres or more, or by encouraging
clustered development on smaller lots within those portions of a property that do not contain
environmental resources or natural hazard areas and by maintaining the remainder of the property as
common open space or agricultural land.
H. Resource (R). The purpose of the Resource (R) zone district is to maintain the open rural character of
Eagle County and to protect and enhance the appropriate use of natural resources and agricultural uses
in the County including water, minerals, fiber and open land. This is accomplished by limiting
residential development to very low density single-family uses on lots of thirty-five (35) acres or
larger, or by encouraging clustered development on smaller lots within those portions of a property
that do not contain environmental resources or natural hazard areas and by maintaining the remainder
of the property as common open space or ranch land, and by limiting new commercial development to
uses that have a resource orientation and to small recreation areas that comply with Master Plan
policies for such uses.
LAND USE REGULATIONS 3-4 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-300. RESIDENTIAL, AGRICULTURAL. AND RESOURCE USE SCHEDULE
I. Backcountry (BC). The purpose of the Backcountry (Be) zone district is to preserve and enhance the
unique character of Eagle County's remote and unspoiled natural areas for the benefit of all residents.
The Backcountry (Be) zone district has been applied to all wilderness lands located within Eagle
County so as to: (1) protect and regulate the appropriate use of natural resources found in these areas,
including water, wetlands, minerals, fiber, open space, wildlife, wildlife habitat, airsheds, watersheds,
and aesthetics; (2) protect these lands against air, noise and water pollution, destruction of scenic
beauty, disturbance of the ecology and environment; and (3) avoid geologic, wildfire and flood
hazards.
J. Fulford Historical (FH). The purpose of the Fulford Historical (FH) zone district is to provide for
limited residential development within the existing historical Townsite of Fulford, while preserving
the rural character of Eagle County. Commercial uses are not permitted within the zone district, but
arts and crafts operations that retain the residential character of the Townsite are permitted, pursuant to
Section 5-250, Special Uses.
SECTION 3-220. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
A. Commercial Limited (CL). The purpose of the Commercial Limited (CL) zone district is to provide
for the range of commercial uses needed to meet the daily or frequent shopping needs of neighborhood
residents in the immediate area. Uses permitted in this zone district are limited to those listed under
the retail, restaurant, personal service and office categories of the use schedule and generally exclude
those listed under the industrial, service-commercial and wholesale categories of the use schedule.
B. Commercial Geueral (CG). The purpose of the Commercial General (CG) zone distIict is to provide
for the broad range of commercial operations and services required for the proper and convenient
functioning of commercial centers serving the larger regions of the County. Uses permitted in this
zone district include those listed under the retail, restaurant, personal service, office and industrial,
service-commercial and wholesale categories of the use schedule.
C. Industrial (I). The purpose of the Industrial (I) zone district is to provide appropriate areas for light
and general industrial and service businesses, in locations where conflicts with residential, commercial
and other land uses can be minimized. Uses permitted in this zone district include primarily those
listed under the industrial, service-commercial and wholesale categories of the use table.
D. Rural Center (RC). The purpose of the Rural Center (Re) zone district is to recognize and provide
for existing small residential centers or crossroads developments. Uses permitted in this zone district
include relatively moderate to lower density residential uses and convenience-oriented commercial
uses that serve the needs of residents in the surrounding area and visitors and other passers-by.
SECTION 3-230. PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT
The purpose of the Planned Unit Development (PUD) zone district is to permit variations from the strict
application of the standards of the County's other zone districts in order to allow flexibility for landowners to
creatively plan for the overall development oftheir land and thereby, to achieve a more desirable environment
LAND USE REGULATIONS 3-5 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-300. RESIDENTIAL. AGRICULTURAL. AND RESOURCE USE SCHEDULE
than would be possible through the strict application of the minimum standards of these Land Use Regulations.
This is done through the application of performance standards that:
A. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary
commercial, recreational, and educational facilities are conveniently located in relation to housing;
B. Efficient Land Use Patterns. Establish land use patterns that promote and expand opportunities for
public transportation and for efficient, compact networks of streets and utilities that lower
development and maintenance costs and conserve energy;
C. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural
hazard areas;
D. Maintain Water Quality. Maintain and enhance surface and ground water quality and quantity in
Eagle County;
E. Contribute to Trails System. Improve and enhance the County=s multi-use trail system and maintain
access to public lands and rivers;
F. Incentives for Affordable Housing. Establish incentives for applicants to assure that long term
affordable housing will be developed; and
G. Achieve Master Plan. Ensure that the purposes of the Eagle County Master Plan and these Land Use
Regulations are achieved; and
H. Air Quality. Maintain and enhance air quality in Eagle County; and
I. Wildlife. Protect and maintain critical wildlife habitat and migration corridors.
SECTION 3-240. EAGLE-VAIL PUD
The Eagle-Vail PUD is considered a separate zone district and a copy of the Eagle-Vail PUD Guideline is
attached hereto as Appendix B, and incorporated herein by reference. The provisions of these Land Use
Regulations shall not affect the validity of the Eagle-Vail PUD.
SECTION 3-250. FLOODPLAIN OVERLAY ZONE DISTRICT (org. 1/4/05)
The purpose of the Floodplain Overlay (FO) zone district is to manage development while protecting
public safety in the floodplain. This is an overlay zone district and shall be applied as a supplemental
regulation on existing zoned areas containing flood hazard areas, including Planned Unit Development
zone district and the Eagle-Vail PUD zone district. The FO zone district is superimposed on the existing
zoning and all restrictions and requirements herein are in addition to those of the underlying zone district.
All land use review processes that apply to the underlying zone district shall remain in full force and
effect. In the case of overlapping or conflicting requirements, the most restrictive provision shall apply.
LAND USE REGULATIONS 3-6 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3' ZONE DISTRICTS 3-300. RESlDENTL4.L. AGRICULTURAL. AND RESOURCE USE SCHEDULE
DIVISION 3-3. USE AND DIMENSIONAL STANDARDS
SECTION 3-300. RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS
USE SCHEDULE
Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", categorizes the uses that
are applicable to the County's resource, agricultural and residential zone districts. The table utilizes the
following symbols:
A. Use By Right. "R" indicates uses that are uses by right. The Community Development Director shall
verifY that development of a use by right complies with all applicable provisions of these Land Use
Regulations, pursuant to Section 5-2100, Certificate of Zoning Compliance.
B. Special Review Uses. "s" indicates uses that are allowed, subject to Special Review. The Planning
Commission shall make a recommendation and the Board of County Commissioners shall conduct a
public hearing to determine whether the special use complies with all of the standards and
requirements of these Regulations, pursuant to Section 5-250, Special Uses.
C. Limited Review Uses. "L" indicates uses that are allowed, subj ect to limited review. The Community
Development Director shall verifY that development of the use complies with all of the standards and
requirements of these Land Use Regulations, pursuant to Section 5-2100, Certificate of Zoning
Compliance and Section 5-300, Limited Review Use. (am 9127199)
D. Uses Not Allowed. "N" indicates uses that are not allowed.
E. Standards. The "Standards" column refers the reader to particular sub-sections of Section 3-310,
Review Standards Applicable to Particular Residential, Agricultural and Resource Uses, when
applicable.
F. Uses Not Listed. Uses that are not listed in Table 3-300 shall be considered to be uses that are not
allowed, unless one (1) of the following occurs:
1. Regulations Amended. An amendment to these Regulations is adopted, pursuant to Section
5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District
Maps, that lists the use in the table and indicates in which zone districts the use is a use by
right, allowed by limited review, or allowed by special review and in which zone districts it is
not allowed; or
2. Determination of Similar Use. The Community Development Director determines, pursuant
to Section 5-220, Interpretations, that the proposed use is sufficiently similar to a use listed in
Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". A use
that is determined to be similar to a listed use shall be subject to the same standards as the use
to which it was determined to be similar.
LAND USE REGULATIONS 3-7 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-300. RESIDENTIAL AGRICULTURAL. AND RESOURCE USE SCHEDULE
TABLE 3-300
RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCHEDULE
Uses: R"" Use By Right; L= Allowed by Limited FR' RMF RSM RSL RR AL AR RL R Be2 Standards
Review; S ""Allowed by Special Review; N "" Not Allowed
Residential Uses
Accessory Dwelling N N N L' L' L' L L R N Sec. 3-310 A
r]uster Development Option A N N L L L L L L S N Sec.3-310B
('luster Development Option B N S S S S S S S N N Sec. 3-310 B
('ustomary Accessory Residential Uses R R R R R R R R R R
Duplex Dwelling N R R R N N N N N N
Mobile Home Park N S S S N N N N N N Sec. 3-310 Y
Multi-Family Dwelling N R R R N N N N N N
Multi-Housekeeping Dwelling N L L L N N N N N N Sec 3-310 Z
Single-Familv Dwelling R R R R R R R R R S
Time Share and Fractional Fee Estates N S S N N N N N N N
Rome Uses
Bed and Breakfast N S S S S S S S L N Sec. 3-310 C
Day Care Center N S S S S S S S S N Sec. 3-310 D
Day Care Home R R R R R R R R R N
Proup Home N S S S S S S S S N Sec. 3-310 E
Home Business N S S S S S S S S N Sec. 3-310 F
Home Occupation R R R R R R R R R N Sec.3-310F
Public Facilities Utilities and Institutional Uses
lAirport, Landing Strip, Utilitv or Air Carrier N N N N N N N N S N Sec. 3-310 G
remeterv N N N N N S S S S N
~hurch L L L S S S S S S N
~ommunity or Public Building S S S S S S S S S N
Educational Facility S S S S S S S S S N
Electric Power Generation Facility N S S S S S S S S N Sec.3-310H
Electric Power Transmission Line S S S S S S S S S N Sec. 3-310 H
Fire Station S S S S S S S S S N
LAND USE REGULATIONS 3-8 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-300. RESIDEN11AL. AGRICULTURAL. AND RESOURCE USE SCHEDULE
TABLE 3-300
RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited FR' RMF RSM RSL RR AL AR RL R BC2 Standards
Review; S = Allowed by Special Review; N = Not Allowed
Helistop N N N N N N S S S N
Library N R R R R R R R R N
Water or Wastewater Projects (am 02/11/03) S S S S S S S S S S Sec. 3-310 I
Natural Gas Transmission Line S S S S S S S S S S Sec. 3-310 H
Park, Open Space or Greenbelt R R R R R R R R R S Sec. 3-310 J
Postal Substation N N S S S S S S S N
Recycling Collection or Drop Off Center N L L L L L L L L N Sec. 3-310 K
Reservoirs and Dams engineered to contain more than ten (l0) acre N N N N N S S S S N Sec. 3-310 L
feet of water
Sanitarv landfill N N N N N N N N S N
[snow Dump/Snow Storage Area L L L L L L L L L S
Transfer Station N N N S S S S S S N
Utility Distribution Facilities S R R R R R R R R S Sec. 3-310 H
Utility Substation N S S S S S S S S N Sec. 3-310 H
Water Diversion Structures, Ditches and Pipeline Structures engineered S R R R R R R R R S
to convey fifteen (I 5) cfs of water or less or designed to serve as a
~omcstic supply for less than ten (l0) dwelling units
Water Diversion Structures, Ditches and Pipeline Structures engineered N S S S S S S S S S Sec. 3-310 M
to convey more than fifteen (I 5) cfs of water or designed to serve as a
kJomestic supplv for more than ten (l0) dwelling units
Iwater or Wastewater Treatment Facility N S S S S S S S S N Sec. 3-310 N
Iwater Impoundment N N S S R R R R R S Sec. 3-310 N
Water Storage Facility S S S S S S S S S N Sec. 3-310 N
Commercial Uses/Personal Services
K;onvenience Grocery Store4 N S S S S S S S S N
Kennel N N N N N N N S S N
Self Service laundromatS N S S S S S S S S N
Studio For Arts and Crafts S L L L L L L L L N Sec. 3-3100
Veterinary Hospital N N N N S S S S S N
LAND USE REGULATIONS 3-9 EAGLE COUNTY, COLORADO
Article 3. January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-300. RESIDENTIAL, AGRICULTURAL. AND RESOURCE USE SCHEDULE
TABLE 3-300
RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited FHI RMF RSM RSL RR AL AR RL R BC2 Standards
Review; S = Allowed by Special Review; N = Not Allowed
Industrial Uses.
Extraction or Exploration (gravel pit, petroleum or natural gas well, N N N N N N N S S S Sec. 3-310 P
oal or ore mine)
Land Application of domestic or industrial sludge N N N N N N N S S N Sec.3-310Q
Processing (including alfalfa pellet mill, saw mill, gravel crushing, N N N N N N N N S N Sec, 3-310 P
sphalt or concrete batch plant, but excluding primary wood
processing)
Telecommunication Facilities N S S S S S S S S N
!\gricultural/Forestrv Uses
i\griculture and Customary Accessory Agricultural Buildings N N N N R R R R R N
Boarding Stable N N N N S S S S R N
Farmers Market N N N N S S S S S N
Farm or Ranch Stand/Sales of Agricultural Products N N N N L L L L L N Sec. 3-310 R
Feedlot N N N N N N N N S N
Forestry N N N N N N N N R S Sec. 3-310 S
Livestock Sales Yard N N N N N N N N S N
Sales of Commercial Firewood N N N N N N N N S N
Tree Storage N N N N N L L L L N Sec.3-310Aa
Resort/Recreation/ Amusement Uses
Drive-in Theater N N N N S S S N N N
Polf Course or Golf Driving Range N N N N S S S S S N
Mass Gatherings N N N N N N N N L S Sec. 3-310 T
Outfitter and Guide N N N N R R R R R R Sec. 3-310 U
Polo Field N N N S S S S S S N
Recreational Vehicle Park N N N N S S S S S N
Resort Recreational Facility; Davor Resident Camp N N N N N N N N S S Sec. 3-310 V
Riding Stable N N S S S S S S R8 N
Ski Area N N N N N N S S S S
LAND USE REGULATIONS 3-10 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-300. RESIDENTIAL, AGRICULTURAL. AND RESOURCE USE SCHEDULE
TABLE 3-300
RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCHEDULE
Uses: R=UseByRigbt ;L='AlIowed by Limited FBI RMF RSM RSL RR AL AR RL R Be2
S AlIOlved by Special Review; N Not Allowcd
Sports Complex N N N N N S S S S N
Sports Shooting Range N N N N S S S S S N
temuoraryUses
Temporary Building or Use N S S S S S S S S N Sec.3-310W
Temporary Housing N L L L L L L L L N Sec. 3-310 X
Notes:
Existing uses located within the boundaries of each "Fulford Parcel" as of September 1, 1988, and identified on the "Fulford Land Use Map No.1", on file in the 0
Eagle County Department of Community Development, shall be considered uses by right in the Fulford Historical (FH) zone district.
In addition to other considerations, the applicant shall adequately demonstrate that environmental hazards and impacts resulting from any proposed construction of
units, out buildings, or other structures within the Backcountry (BC) zone district are adequately mitigated, resulting in no net adverse impact upon the environmer
An accessory dwelling unit proposed as part of a cluster development shall be allowed by Special, rather than Limited Review.
A convenience store may also conduct retail gas sales, but automobile service and repair shall only be allowed in commercial and industrial zone districts; see Table
The maximum size for a convenience store is 3,500 square feet of floor area.
The maximum size for a laundromat is 2,000 square feet of floor area.
In addition to the standards listed for particular uses, see also Article 4, Division 5, Commercial/Industrial Performance Standards.
Dwellings for persons and their immediate families employed principally or seasonally in a bonafide agricultural or ranching activity on a minimum of 35 acres are
allowed,
Use By Right riding stables in the Resource zone district shall be allowed on lots of 35 acres or greater in size. Riding stables occurring on lots less than 35 acres i
Resource zone district shall require a Special Use Permit.
LAND USE REGULATIONS 3-11 EAGLE COUNTY. COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,
AGRICULTURAL AND RESOURCE USES
Certain uses are important to the County's character and functions, but may not be appropriate in all
circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all
uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require
individualized standards to review their location, site plan, operating characteristics, intensity and similar
factors.
Those uses in the residential, agricultural and resource zone districts for which such additional standards have
been identified are listed in the "Standards" column of Table 3-300 "Residential, Agricultural and Resource
Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of
these uses are found in Section 2-110, Definitions. The following section addresses:
A. Accessory Dwelling Unit
B. Cluster Development
C. Bed and Breakfast
D. Day Care Center
E. Group Home
F. Home Business
G. Airport, Landing Strip, Utility or Air Carrier
H. Utility Transmission and Distribution Facilities
I. Water and Sewer Projects (am 02/11/03)
J. Park, Open Space or Greenbelt
K. Recycling Collection or Drop-Off Center
L. Reservoirs and Dams
M. Water Diversion Structures, Ditches and Pipeline Structures
N. Water Storage or Impoundment Facility, Water or Wastewater Treatment Facility
O. Studio for Arts and Crafts
P. Exploration, Extraction and Processing Operations
Q. Land Application of Sludge
R. Farm or Ranch Stand/Sales of Agricultural Products
S. Forestry
T. Mass Gatherings
U. Outfitter and Guide
V. Resort Recreational Facility
W. Temporary Building or Use
X. Temporary Housing
y. Mobile Home and Recreational Vehicle Parks
Z. Multi-Housekeeping Dwelling Unit
Aa. Tree Storage (orig 3/12/02)
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
A. Accessory Dwelling Unit
1. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction
with and in addition to the principal use of the parcel. An accessory dwelling unit in the
Resource Zone District on 35 acres or more per parcel is considered a use by right and exempt
from Limited Review and notice requirements.
2. Size and Use. The size of accessory dwelling units shall be determined by the zone district
and parcel size as follows:
Minimum Accessory Unit
Zone District Parcel Size Max. Floor Area
R 35 acres 1,800 sq. ft.
RL 20 acres 1,200 sq. ft.
AR 10 acres 1,000 sq. ft.
AL 5 acres 850 sq. ft.
RR 2 acres 850 sq. ft.
RSL 15,000 sq. ft. 600 sq. ft.
PUD - As approved.
In the RSL zone district, the floor area contained within the accessory dwelling unit shall
count toward the maximum allowable floor area permitted on the parcel. Accessory dwelling
units are not allowed in conjunction with duplex or multi-family units nor shall short term
rentals (less than 14 days) be allowed. (am 3/12/02)
3. Location. An accessory dwelling unit may be located within or attached to the structure
containing the principal use of the parcel, or may be detached from that structure if: 1) it is
located within or above a garage: 2) it is located within a lawful accessory building; or 3) it is
independent from any structure located within the Resource (R), Resource Limited (RL) or
Agricultural Residential (AR) zone district. (am 3/12/02)
4. Parking. There shall be one (1) additional off-street parking space provided for any
accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit
containing two (2) or more bedrooms shall have two (2) off-street parking spaces.
5. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately
from the principal use of the parcel.
6. Dimensional Limitations. Accessory dwelling units shall only be permitted on parcels that
conform with the minimum lot size standard of the underlying zone district, however, an
accessory dwelling unit may be allowed subject to Special Review on legal, nonconforming
lots or parcels (see Section 6-120, Nonconforming Legal Lots of Record ). The unit shall be
developed so as to conform to all setback, height, lot coverage, floor area and other
LAND USE REGULATIONS 3-13 EAGLE COUNTY, COLORADO
Article 3, January 4. 2005
dimensional limitations of the underlying zone district, but shall not count towards any
applicable density limitations for the property. (am 3i12i02)
7. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be
provided adequate facilities for potable water supply, sewage disposal, solid waste disposal,
electrical supply, fire protection, and roads.
B. Cluster Development.
1. Purpose. Cluster development offers applicants an alternative to conventional types of
subdivisions, by permitting development to be concentrated into one (1) or more limited
portions of the entire land area, so the development can avoid those portions ofthe property
that provide valued environmental resources or are subject to natural hazards. This is
accomplished by allowing applicants to subdivide lots that are smaller than the minimum
required lot size in the underlying zone district and by permitting the density allowed on the
entire property to be transferred to these lots, while the remainder of the property is retained in
common open space for the benefit of the residents.
2. Cluster Development Options. This section provides for two (2) cluster development
options that offer the applicant the opportunity to design a development that deviates from
certain dimensional standards of the underlying zone district, as specified herein. These two
options are summarized in Table 3-310 B., Dimensional Standards for Cluster Development
Options, and can be further described as follows.
a. Cluster Development Option A. Cluster Development Option A permits an
applicant to create lots that are smaller than the minimum required lot area in the
underlying zone district, if the total number of dwelling units that are developed on
the property does not exceed that permitted in the underlying zone district.
b. Cluster Development Option B. Cluster Development Option B permits an
applicant to create lots that are smaller than the minimum required lot area in the
underlying zone district, and also offers applicants a density bonus as shown in Table
3-310 B., Dimensional Standards for Cluster Development Options.
LAND USE REGULATIONS 3-14 EAGLE COUNTY. COLORADO
Article 3, January 4, 2005
TABLE 3-310 B
DIMENSIONAL STANDARDS FOR CLUSTER DEVELOPMENT OPTIONS
Zone Minimum Maximum Density2.4 Max. Lot Coverage! Floor Area
District Lot Area 1
Option A Option B
R 1 unit per 35 N!A no limitation
acres
RL 10 acres 1 unit per 20 1 unit no limitation
acres per 15 acres
AR 5 acres 1 unit per 10 1 unit no limitation
acres per 8 acres
AL 2.5 acres 1 unit per 5 1 unit no limitation
acres per 4 acres
RR 1 acre 1 unit per 2 1 unit no limitation
acres per 1.6 acres
RSL 7,500 s.f. 1 unit per 1 unit see note 3
15,000 s.f. per 10,000 s.f.
RSM 4,000 s.f. 1 unit per 1 unit per see note 3
8,000 s.f. 6,000 s.f.
RMF 12 units!acre 16 units/acre see note 3
Notes:
1. Minimum lot area means the minimum size ofthe residential lots that can be created in a cluster development.
2. Density shall be calculated counting only the number of principal dwelling units per lot, excluding any
accessory dwelling units that may also be approved for the property.
3. These standards are the same as in the underlying zone district.
4. Slope restrictions may apply pursuant to 4-420, Development In Areas Subject to Geologic Hazards.
(am 9/27/99)
LAND USE REGULATIONS 3-] 5 EAGLE COUNTY, COLORADO
Article 3. January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
3. Process.
a. Cluster Development Option A. Cluster Development Option A is designated as a
use allowed by limited review in the Residential Suburban Medium Density (RSM),
Residential Suburban Low Density (RSL), Rural Residential (RR), Agricultural
Limited (AL), Agricultural Resource (AR), and Resource Limited (RL) zone
districts. The Resource (R) zone district requires a special use permit for cluster
development option A. In addition such development is also subject to subdivision
reVIew. Therefore, review and approval of a development pursuant to Cluster
Development Option A shall be accomplished pursuant to Section 5-280,
Subdivision, or Section 5-290, Minor Subdivision.
b. Cluster Development Option B. Cluster Development Option B is designated as a
use allowed by special review in the Residential Multiple Family (RMF), Residential
Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Rural
Residential (RR), Agricultural Limited (AL), Agricultural Resource (AR), and
Resource Limited (RL) zone districts. Such development is also subject to
subdivision review. Therefore, review and approval of a development pursuant to
Cluster Development Option B shall be accomplished pursuant to Section 5-250,
Special Uses and Section 5-280, Subdivision, or Section 5-290, Minor Subdivision.
c. Accessory Dwelling Units. Accessory dwelling units proposed under Cluster
Development Option A in the Residential Suburban Low Density (RSL), Rural
Residential (RR), Agricultural Limited (AL) zone districts shall only be allowed
pursuant to Section 5-250, Special Uses.
4. Compliance With Other Standards. In addition to the standards of this Section 3-310 B.,
Cluster Development, a cluster development shall comply with all applicable standards of the
underlying zone district, any other applicable standards of these Land Use Regulations, and
the following additional design standards:
a. Clnster Development Option A. Lands may be divided into clusters of lots as
provided in these Regulations. The subdivision plan must be approved whereon the
included amount of greenbelt or open space reserved or dedicated to the public is
sufficient to maintain the gross project density allowed in the respective Zone
District. (Density calculations shall exclude road rights-or-way and private road
easements. )
b. Cluster Development Option B. Lands may be developed in accordance with
Cluster Development Option B as provided in these Regulations and pursuant to the
following criteria:
(1) Site Plan maximizes the preservation of agricultural and wildlife lands and
protects steep slopes and vegetation on the site.
EAGLE COUNTY, COLORADO
Article 3. January 4. 2005
(2) Cluster Option B directs development to areas which result in minimal visual
impacts from both housing and road construction. Buildings should be kept
off of prominent visual locations.
(3) Access to adequate road system.
(4) Additional requirements for projects of urban and suburban character:
(a) Pedestrian path system
(b) Municipal or District water and sewer
(c) Landscaping plan
(d) Solar access provision
(e) Affordable housing
The provision of affordable housing is one of the requirements for a
Special Design Project in the RSM and RMF zones. A
determination must be made by the Board of County Commissioners
that there is an unmet demand for the Aaffordable@ housing for the
area in which they are proposed. This housing must be provided in
a condominium or townhouse framework and integrated into the
overall design of the project. Associated with the project must be
legal documentation limiting (a) the original sales price, (b) buyer
qualifications, and (c) an appreciation value per year on resale. This
affordable housing provision may also be met in the form of long
term rentals acceptable to the County Commissioners. Units would
be required to remain as long term for a minimum of 20 years.
(5) In a Cluster Development Option B, the number of dwelling units, square
footage of floor area and the number of affordable housing units shall be
assigned to each lot on the Final Plat. The permitted Floor Area Ratio shall
be based on the size of the clustered parcel.
c. Bed and Breakfast.
1. Parking. The bed and breakfast shall provide one (1) parking space for each accommodations
unit, in addition to any parking required for the primary residential dwelling unit.
2. Maximum Number of Accommodation Units. The bed and breakfast shall not contain
more than six (6) separate rental guest accommodation units. Morning meals shall be
provided for guests in one common eating area and/or to the guest room. (am 9/27/99)
3. Owner Shall Live on Premises. Operation ofthe bed and breakfast shall be secondary
and incidental to the primary residential use. (am 9/27/99)
LAND USE REGULATIONS 3-17 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
D. Day Care Center.
1. Parking. A day care center shall provide one (1) off-street parking space per non-resident
employee. This space shall be provided in addition to any parking required for the principal
use of the property.
2. Drop-off/Pick-up Area. A day care center shall have one (1) designated on- or off-street
drop-off/pick-up space for every six (6) children. The space shall be available during
operating hours for loading and unloading of children. If the space is located on-street, it
shall be located on the same side of the street as the day care facility and shall not be used as a
parking space.
3. Play Area. A day care center shall have an on-site play area that meets the State standard for
facilities of this size, as specified in "Minimum Rules and Regulations for Child Care Centers
of the Colorado Department of Social Services".
4. Working Telephone. A day care center shall have a working telephone on the premises.
5. Local and State Codes. Day care centers shall demonstrate their compliance with all
applicable state and local health, safety, fire and building codes, including, but not limited to,
all applicable requirements of the Colorado Department of Human Services and the Eagle
County Department of Social Services.
E. Group Home. The applicant shall submit a report with the application for the group home that
identifies potential impacts from the proposal and shows how those impacts will be mitigated. The
report shall include site plans and interior building plans that depict living spaces, recreation areas,
off-street parking, and other special needs ofthe facility and shall also address the following standards:
1. Child Care. Child care facilities shall comply with all requirements for licensing as either a
Foster Care Home or Specialized Group Home, as is defined by the Colorado Department of
Social Services.
2. Neighborhood Density. A group home should not be located within seven hundred-fifty
(750) feet of any other group home.
3. Necessary Facilities. A group home may only be located in an area where the applicant
demonstrates that necessary public facilities and services for the occupants can be provided,
including, but not limited to water supply, sewage disposal, fire and police protection and
transportation.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
F. Home Business and Home Occupation.
1. Home Business.
a. Use Subordinate. The use of a dwelling for a home business shall be clearly
incidental and subordinate to its use for residential purposes and shall not change its
basic residential character.
b. Activity Conducted Indoors. All activities associated with a home business shall be
conducted indoors. Materials and equipment used in the home business shall be
stored in a building.
c. Employment. A home business shall be conducted by persons residing on the
premises and by no more than two (2) employees residing off-premises.
d. Patrons. A home business may serve patrons on the premises, provided all other
standards of this Section are met.
e. Parking. A home business shall provide one (1) off-street parking space for each
employee working on-site and residing off-premises and one (1) space for patrons of
the business. These spaces shall be provided in addition to the parking required for
the principal residential use of the property.
f. Sales. Incidental sale of supplies or products associated with the home business shall
be permitted on the premises. A home business whose primary activity is retail sales
shall be prohibited, except if the home business is for catalogue sales.
g. Nuisance. A home business shall not produce noise, electrical or magnetic
interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not
operate at such hours or in such a manner as to create a public nuisance, disturb
neighbors or alter the residential character of the premises.
h. Codes. The building housing the home business shall comply with all County or
State building, fire and safety codes applicable to the particular business.
i. Signs and Illumination. Signs and other outdoor structures advertising the home
business shall not be permitted. Illumination of the structure housing the home
business shall be limited to that which is customary for the primary residential use of
the property.
2. Home Occupation.
a. Use Subordinate. The use of a dwelling for a home occupation shall be clearly
incidental and subordinate to its use for residential purposes and shall not change its
basic residential character.
LAND USE REGULATIONS 3-19 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
b. Activity Conducted Indoors. All activities associated with a home occupation shall
be conducted indoors. Materials and equipment used in the home business shall be
stored in a building.
c. Parking. A home occupation shall not generate the need for any additional parking
other than that required for the principal residential use of the property.
d. Sales. Incidental sale of supplies or products associated with a home occupation
shall be permitted on the premises. A home occupation whose primary activity is
retail sales shall be prohibited, except if the home occupation is for catalogue sales.
e. Nuisance. A home occupation shall not produce noise, electrical or magnetic
interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not
operate at such hours or in such a manner as to create a public nuisance, disturb
neighbors or alter the residential character of the premises.
f. Codes. The building housing the home occupation shall comply with all County or
State building, fire and safety codes applicable to the particular business.
g. Signs and Illumination. Signs and other outdoor structures advertising the home
occupation shall not be permitted. Illumination of the structure housing the home
occupation shall be limited to that which is customary for the primary residential use
of the property.
G. Airport, Landing Strip, Utility or Air Carrier.
1. Environmental Impact Report. An applicant for an airport, utility or air carrier shall submit
an Environmental Impact Report, containing the materials specified in Section 4-460.
2. Conflicts. An Airport Utility shall not conflict with:
a. Existing Facility. Any site or operation of any existing aircraft facility;
b. Airport Plan. Any official county, state or federal airport plan; or
c. Government Agency Regulation or Requirement. Any reservation, easement,
right-of-way regulation or requirement of the Federal Aviation Administration, or of
any other governmental agency.
H. Utility Transmission and Distribution Facilities. Nothing in these Regulations shall be construed to
prohibit construction or installation of a public utility use or structure necessary for transmission of
commodities or services of a utility company, through mains or distribution lines, in any zone district.
Storage, maintenance facilities, substation or exchanges, and business offices shall only be permitted
in those zone districts where such uses are allowed or are allowed by review. The location of power
LAND USE REGULATIONS ]-20 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
transmission lines with a capacity of sixty-nine (69) kilovolts or greater and pipelines for major
transmission shall be subject to the requirements of Section 5-250, Special Uses.
I. Water or Sewer Projects. (am 02/11/03)
1. Major new domestic water or sewer systems, major extensions of such systems and municipal
and industrial water projects shall comply with the following standards:
a. Abstract. The applicant shall submit an abstract of the proposal indicating the scope
and need for the facility.
b. State Review. Preliminary review and comment on the proposal by the appropriate
agency of the Colorado Department of Natural Resources and the Colorado
Department of Health shall be provided within sixty (60) days of submission of the
application to the County.
c. Alternatives. Alternatives to the proposed facility shall be evaluated, including but
not limited to alternative locations and the no development alternative.
d. Demographic Data. Any demographic data needed to fulfill the requirements ofthis
Section shall be consistent with the data used for the 208 Areawide Waste Treatment
Management Planning for Region XII, Colorado.
2. Waiver Provision. The Special Review Use permit application for water and sewer projects
may be waived in whole or in part by the Board of County Commissioners upon a written
petition by the applicant showing that: (am 02/11/03)
a. A permit application pursuant to Chapter 6, sections one though five of the Eagle
County Guidelines and Regulations for Matters of State Interest has been submitted
to the Eagle County Permit Authority relative to this land use which would be the
subject of a special use permit application. (am 02/11/03)
b. Compliance with the Special Review Use permit requirements would be
unreasonably burdensome for the applicant.
Such a waiver may be granted upon a determination by the Board of County
Commissioners that requiring a Special Review Use permit in addition to the permits(s)
required under the Eagle County Guidelines and Regulations for Matters of State Interest
would serve no further legitimate planning, zoning or other land use objective. (am
02/11/03)
J. Park, Open Space or Greenbelt.
1. Designation. Land designated as a park, open space or greenbelt through dedication or
reservation, or other reason, shall be indicated as such on the plat or other document recorded
to formalize the project approval.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
2. Ownership. Park, open space or greenbelt land and any facilities thereon shall be provided
and maintained either by a unit of government, by a non-profit corporation or by private
interests as part of a subdivision or development of land for use by the inhabitants thereof;
ownership of the land may be deeded or reserved to a property owner's association or it may
be dedicated to the public; or as required by any condition for granting of approval of an
application, including designation of a park or other open recreation use.
K. Recycling Collection or Drop Off Center. A recycling collection or drop off center shall either be
developed in association with another use on the same site, whose owner shall provide for
maintenance of the site, or shall require the recycling entity to demonstrate how the collection or drop
off center will be maintained in a clean and sanitary manner.
L. Reservoirs and Dams. Reservoirs and dams engineered to contain more than ten (10) acre feet of
water shall comply with all applicable state specification and the following standards:
1. Public Need. The use shall serve an obvious public need or shall serve the needs of the
agricultural use of the property
2. Not Create Hazard. The reservoir or dam shall not create a hazard to the existing populated
areas of Eagle County, either during construction or afterwards.
3. Maintenance. The reservoir shall be properly maintained.
4. No Adverse Affects. The reservoir or dam site shall not adversely affect wildlife, the
environment, or stream flows of existing streams to the detriment of the fish population.
5. Minimize Damage. The dam or reservoir shall be located so as to minimize damage caused
to owners of private land and water rights in the vicinity.
6. Not Burden Existing Electrical Energy Supplies. The reservoir or dam shall not create a
burden upon existing supplies of electrical energy so as to jeopardize existing domestic and
future domestic uses.
7. Not Burden Landfill. The bed ofthe dam or reservoir shall be capable of being adequately
cleared without creating a burden upon the Eagle County sanitary landfill.
M. Water Diversion Structures, Ditches, and Pipeline Structures. Water diversion structures, ditches,
and pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of
time or designed to serve as a domestic supply for ten (10) units or more shall comply with the
following standards:
1. Public Need. Such uses shall serve an obvious public need.
2. Energy Supply. There shall be a sufficient supply of electrical energy to serve the diversion,
ditch, pipeline, and any accessory pumping facilities, so as not to jeopardize existing or future
domestic requirements.
LAND USE REGULATIONS 3-22 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
3. Safety. The ditch, pipeline, or diversion shall be built in a prudent manner, so as to preserve
the public safety.
4. Minimum Use of Land. The ditch, diversion, or pipeline shall be environmentally
engineered so as to use the minimum amount of private land.
5. No Adverse Impacts on Wildlife. The facilities shall not adversely affect fish populations,
wildlife habitat, or migratory ranges.
6. No Adverse Impacts on Private or Public Property. The facilities shall not adversely affect
private or public property owners in the vicinity. Appropriate studies shall be conducted to
show the impact of said diversions, ditches, and pipelines upon the entirety of water users in
Eagle County.
7. Preliminary Subdivision Plan. This use shall only require Special Review when it is not
specifically addressed in an approved preliminary subdivision plan.
N. Water Storage Facility, Water Impoundment, Water Treatment Facility or Wastewater
Treatment Facility. These uses shall only require Special Review when they are not specifically
addressed in an approved preliminary subdivision plan.
O. Studio for Arts and Crafts.
1. Activity Withiu Building. All activity associated with the studio shall be conducted within a
building.
2. Retail Sales. Retail sales shall be limited to one-of-a-kind goods fabricated on the lot.
3. Fulford Historical (FH) Zone District. In the Fulford Historical (FH) zone district only,
instead of the above limitations, the following shall apply:
a. Storage. All storage of materials shall occur within a building.
b. Accessory. The studio shall be secondary and accessory to a residence and shall not
change the residential character of the primary use.
c. Noise. Noise shall not exceed sixty (60) decibels at any property line.
d. Sales. There shall be no sales or exchange of goods on the lot.
P. Exploration, Extraction and Processing Operations.
1. Environmental Impact Report. An applicant proposing an exploration, extraction, or
processing operation shall submit an Environmental Impact Report. The Report shall be
prepared in accordance with Section 4-460, Environmental Impact Report, of these
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
Regulations by technically qualified professional experts. Included in the Report shall be a
depiction of the location, scope and design of the proposed use, and an explanation of its
operational characteristics and impacts. The requirement to submit said Report may be
waived by the Planning Commission.
2. Compliance. Proof shall also be submitted that the proposed use shall be designed and
operated in compliance with all applicable laws and regulations of the county, state and
federal governments and shall not adversely affect:
a. Water. Existing lawful use of water, through depletion or pollution of surface
run-off, stream flow or groundwater;
b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke,
noise, glare, vibration, or other emanations; or
c. Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to
wildlife, impacts on wildlife habitat, or patterns, or other means.
3. Site Plan. On parcels ofland greater than one (1) acre, a detailed site plan shall be submitted,
including landscaping sufficient to meet the standards found in Section 4-230, Landscaping
Design Standards and Materials. Security may be required to guarantee landscaping,
drainage, and erosion control, if deemed necessary by the Board of County Commissioners,
and as specified in Section 4-240, Installation and Maintenance Requirements.
4. Fabrication, Service and Repair. All fabrication, service and repair activities associated
with the use shall be conducted within a building (except for incidental repair activities),
unless the applicant demonstrates that it is not practical to do so and ensures that all impacts
from outside activities are mitigated.
5. Storage. All storage of materials associated with the operation shall occur within a building,
or shall be obscured by an opaque fence.
Q. Land Application. Land application of sludge for beneficial use as fertilizer, mulch or soil
conditioner (on areas of land greater than one [1] acre) shall only be permitted for domestic or
industrial purposes and shall be subject to the following standards:
1. Application Contents. The application shall contain the following materials:
a. Site Plan. A detailed site plan showing the location of all buildings, dwellings,
ditches, dry gullies, lakes, ponds, springs and wells within a one thousand (1,000)
foot radius of the sludge application.
b. Topography. Topographic information concerning the sludge application site, with
the direction of drainage shown.
LAND USE REGULATIONS 3-24 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
c. Soils Analysis. A soils analysis that includes an analysis of the amount of sludge that
can be applied to the site without exceeding the limits of chemical nutrients for the
specific crop grown.
d. Gronnd Water. Depth of highest seasonal ground water table and at least three (3)
piezometric tubes, two (2) down-gradient of the site and one (I) up-gradient where
the water table is less than ten (10) feet from the surface anywhere on the site.
2. Review Standards. The application shall meet the following standards:
a. Slope Limitations. Sludge shall not be placed on lands of greater than fifteen (15)
percent slope. On lands of six (6) to fifteen (15) percent slopes, sludge shall have a
solids content of sixteen (16) percent or greater.
b. Drainage. The drainage plan shall show that sludge leachate will not discharge off-
site.
c. Stream Setback. No sludge shall be allowed within two hundred (200) feet oflive
streams, irrigation return flows, ponds or reservoirs. The setback distance shall be
measured from the annual high water elevation or from the designated one hundred
(100) year floodplain.
d. Odor Control. An odor control plan shall be provided where three (3) or more
dwelling units are within one thousand (1,000) feet of the proposed application area.
e. Operating Plan. An annual operating plan shall be provided that addresses the
following items:
(1) Season and Rates. Yearly application season and yearly application rates.
(2) Truck Trips. The average number of truck trips per day on County roads.
(3) Soil and Plant Tissue Analysis. The operating plan shall state that a soil
and plant tissue analysis will be submitted to the County annually in August.
It shall also state that an application will be submitted to the County for an
alternate application site when either soil or plant tissue analysis indicates
chemical limits will be exceeded in the current year.
f. State Regulations. The more restrictive of the above County standards and the
Colorado Domestic Sewage Sludge Regulations shall apply.
g. Exemption for Dried Sludge. Dried sludge that has been stabilized or composted, as
determined by State Sewage Sludge Regulations, shall be exempt from these
standards.
LAND USE REGULATIONS 3-25 EAGLE COUNTY, COLORADO
Article 3, Janumy 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-310. REVIEW STANDARDS
R. Farm or Ranch Stand/Sales of Agricultural Products.
1. Location. A farm or ranch stand at which primarily raw agricultural products are sold shall be
located on the same property on which the product was grown or produced and shall be
limited to properties within the Agricultural Limited (AL), Agricultural Resource (AR),
Resource Limited (RL) and Resource (R) zone districts.
2. Parking. Adequate off-street parking shall be provided for the sales area.
3. Traffic Safety. The sales area shall be adequately set back from the adjacent road and shall
be so situated so that it does not block any required access to or exit from the site, does not
disrupt vehicular or pedestrian circulation in the surrounding area and does not cause a traffic
hazard or safety problem.
4. Structures and Signs. Any temporary structures or identification signs used for the operation
shall comply with all applicable County regulations.
5. Size. The applicant shall demonstrate that the size of the stand is the minimum necessary for
the proposed operation.
S. Forestry.
1. Limitations. Forestry activities shall be limited to extraction, felling and trimming trees, and
removal of wood materials, including primary processing.
2. Processing Prohibited in Backcountry Zone District. Primary processing of forestry
products shall not be permitted in the Backcountry (Be) zone district.
T. Mass Gatherings.
1. Limit on Attendance. Events of five hundred or more persons, conducted in venues other
than previously designated areas which were designed and approved specifically to
accommodate such events (i.e.: Eagle County Fairgrounds), shall be limited by the availability
of services including: Public restroom facilities, potable water, emergency medical services
and parking. The Department of Environmental Health must review
and approve the minimum potable water and sanitation requirements and food handling
procedures - if applicable, as well as, any required environmental impact mitigation. The
Eagle County Sheriff=s Office must review and approve parking, circulation and security
plans associated with the Mass Gathering event. (am 3/12/02)
2. Concerns to Address. The application for the mass gathering shall state: The number of
people expected to attend the gathering; a description ofthe type of gathering; dates and times
the gathering will be held; estimated length of stay of attendees; location of the gathering,
and; how the following list of services will be accommodated by the Event Organizer in
compliance with all applicable County and State regulations: (orig 3/12/02)
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3.' ZONE DISTRICTS 3-3IO. REVIEW STANDARDS
a. First aid Provisions - includes persons with certified emergency medical training
b. Food service & liquor license - if applicable
c. Parking
d. Law enforcement and/or security persons
e. Sewage disposal
f. Solid waste disposal- If food wastes are to be present on the mass gathering site from
dusk to dawn, Wildlife Proof Refuse containers and/or dumpsters may be required at
the discretion of the Community Development Director.
g. Traffic control
h. Water supply
i. Environmental Impacts - Plans to mitigate environmental degradation due to the
proposed Mass Gathering event.
j. At the discretion of the Community Development Director, a Traffic Impact Report
may be required.
3. Site Plan. Applicant must submit a site plan identifYing:
a. Location of event activities,
b. Location of vendors.
c. Parking areas including both on site and off site.
d. On site and off site traffic circulation patterns.
e. Location of First Aid treatment areas.
f. Location of solid waste disposal.
g. Location of restrooms.
h. Location of water stations.
i. Location of operator=s headquarters at the mass gathering.
j. Location of any temporary structures necessary to support the mass gathering event,
such as: Tents, stages, trailers etc. All temporary structures associated with the mass
gathering event must be removed from the site within 72 hours following the event.
4. Standards. The following standards are intended as general requirements for all mass
gathering events. Not all mass gathering events can be anticipated to generate identical
impacts or service requirements. The applicant for a mass gathering permit may propose
appropriate alternative standards which will be evaluated and may be approved at the
discretion of the reviewing department or agency.
a. Restrooms.
(1) One restroom/portable unit per 50 attendees for events of four (4) or more
hours. One restroom/portable unit per 100 attendees for events of less than
four (4) hours
(2) Disposal and cleaning plans for toilets must be reviewed and approved by
the Department of Environmental Health;
(3) Restroom facilities must be kept clean and sanitary at all times.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
(4) Depending upon the nature of the mass gathering event, event location,
length of the event and time of year, the Director of Environmental Health
may approve alternative plans for >RestroOill= provisions.
b. Potable Water Supply.
(1) A continuous supply of potable water must be on hand at all times throughout
the mass gathering event;
(2) A minimum of two water stations at any mass gathering event;
(3) One gallon of potable water per person for any event with attendance time of
four (4) or more hours. One-half gallon per person for events of less than
four (4) hours;
(4) Water source, quality and handling must meet county and state regulations as
approved by the Department of Environmental Health;
(5) Interruptions of potable water supply must be reported immediately to
Environmental Health.
(6) Depending upon the nature of the mass gathering event, event location, length
of the event and time of year, the Director of Environmental Health may
approve alternative >Potable Water Supply= provisions.
c. Food Service - If the mass gathering event is to include food service.
(1) Describe refrigeration and food handling procedures.
(2) All food service must be in compliance with applicable county and state
health regulations.
d. Parking.
(1) No more than 100 private vehicle parking spaces per acre.
(2) Evidence that adequate parking and safe access for any proposed transit,
private vehicles, bicycles and pedestrians must be provided.
(3) Depending upon the nature of the mass gathering event, event location, length
of the event and time of year, the Eagle County Sheriff=s Office may approve
alternative >Parking= plans.
e. Emergency Medical.
(1) All mass gathering events must provide plans for handling medical
emergencIes.
(2) Plans for the provision of Emergency Medical services must be approved, in
writing, by the applicable emergency medical provider.
f. Security .
(1) Law enforcement and/or security persons must be provided at a ratio of one
per 100 people in attendance,
(2) Depending upon the nature ofthe mass gathering event, event location, and
length of the event, the Eagle County Sheriff=s Office may approve
alternative >Security= plans.
LAND USE REGULATIONS 3-28 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
U. Outfitter and Guide. Retail sales of goods by an outfitter and guide operation shall be prohibited,
unless the underlying zone district specifically allows said retail sales or unless the sales are incidental
to the outfitter and guide service.
V. Resort Recreational Facility. Where a resort recreational facility provides accommodations, the
maximum number of accommodations shall be limited as follows:
1. Resource (R) Zone District. Twelve (12) dwelling units or forty-eight (48) beds of visitor
capacity may be allowed in the Resource (R) zone district; and
2. Backcountry (BC) Zone District. One (1) dwelling unit or twenty (20) beds of visitor
capacity may be allowed in the Backcountry (Be) zone district.
W. Temporary Building or Use.
1. Use Limitations. Temporary buildings shall only be used to conduct a use that is allowed, or
a use that is allowed by limited review or by special review, in the underlying zone district.
2. Health and Safety Codes. Temporary buildings or uses shall comply with all applicable
regulations concerning health, sanitation, safety and access.
3. Removal. The applicant shall provide positive assurance that the temporary building or use
shall be removed or operations shall be ceased by the required time, as follows:
a. Removal By County At Owner's Expense. The County shall be given permission
by the applicant and owner to remove the temporary building or use at the owner's
expense if, at any time, the building is determined to be out of compliance with these
Land Use Regulations.
b. Deposit. A deposit of an amount determined by the Board may be required from the
applicant to defray the County's costs to remove a temporary building or use.
X. Temporary Housing. An owner of a lot may live on his lot while a new house is being constructed on
the same lot, provided the original unit is removed at the completion ofthe new unit, and provided the
applicant submits an adequate site plan and associated materials that demonstrate compliance with the
following standards:
1. Water Supply and Sewage Disposal. The applicant shall submit evidence of an adequate
water supply and method of sewage treatment.
a. Self-Contained Camper Units. For self-contained camper units, the applicant shall
show a valid commitment for hauling water and sewage.
LAND USE REGULATIONS 3-29 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
b. Other Units. For units which are not self-contained, adequate water and sewage
facilities shall be provided, with specifications approved by the County
Environmental Health Office.
c. Mobile Homes. For mobile homes or other temporary housing, the applicant shall
have water and sewage treatment systems that are approved by the Environmental
Health Office.
d. Prohibitions. In no case shall unsafe water be used for drinking nor shall raw sewage
be discharged on the ground surface.
2. Approved Subdivision. If the subject lot is located in an approved subdivision, the
Covenants of that subdivision must allow such temporary housing. The applicant shall be
responsible for demonstrating approval by the property owner's association.
3. Time Limit. The maximum allowable time length of the permit is six (6) months.
4. Maximum Number. Not more than one (1) temporary housing unit shall be located on a
house construction site. The inhabitants of the unit shall be the owners of the lot or
construction employees.
5. Maintenance. Temporary housing sites shall be maintained in a clean, sanitary and safe
condition, free from hazardous or noxious materials, weeds and refuse. The property owner
shall be responsible for ensuring compliance.
6. Fire Protection. Adequate fire protection shall be provided. A water storage tank may be
required if County Environmental Health Office and local fire protection officials deem it
necessary.
7. Trash Collection. A thirty (30) gallon (four [4] cubic foot) container shall be provided, or the
equivalent, in a central trash collection facility. Said container(s) shall be durable, washable,
non-absorbent metal or plastic with tight-fitting lids. Refuse shall be removed from site not
less than once per week.
8. Enforcement. Once the permit for temporary housing is granted, the applicant shall comply
with all the foregoing regulations or the County will issue a stop work order for the
construction project until the temporary housing site is brought into compliance with the
regulations. The certificates of occupancy for a construction project shall be withheld until
the temporary housing is removed and the site is restored to the satisfaction of the County.
Y. Mobile Home and Recreational Vehicle Parks.
1. Purpose and Intent. The purpose of these standards is as follows:
a. Health and Safety. To provide minimum requirements for the protection of the
health and safety of the occupants of mobile home parks and the general public.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-3IO. REVIEW STANDARDS
b. Minimum Standards. To provide mInImUm standards for mobile home and
recreational vehicle parks and to provide for permits for expansions, additions and
alterations to existing parks.
c. Resolve Hazards. To ensure that if any hazard to health, safety or welfare exists
within the park, it is resolved in reasonable time.
d. Comply With Other Codes. To comply with applicable sections of the Colorado
Department of Health, Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code and the National Electrical Code.
2. Hook-up Permits.
a. Permit Required to Move. It shall be unlawful for any mobile home park owner to
allow a mobile home for occupancy to be moved into a mobile home space or to be
moved from one mobile home space to another within a mobile home park without
first obtaining a hook-up permit.
b. Permit Required to Occupy. It shall be unlawful for any person to occupy a mobile
home within a mobile home park in unincorporated Eagle County without first
obtaining a hook-up permit and a certificate of an approved final inspection of all
hook-up requirements, as listed in this section, whenever a mobile home is first
moved into a mobile home park and whenever a mobile home is moved from one
space to another within a mobile home park.
c. Application for permit.
(1) Permit Required. All owners of individual mobile home units located
within a mobile home park who are required to obtain permits according to
this Section shall apply to the Building Department for a hook-up permit and
give the Department notice at least twenty-four (24) hours in advance ofthe
requested inspection.
(2) Permit Application Contents. The mobile home hook-up permit
application shall be made in writing and shall be accompanied by the
following information:
(a) Applicant Identification. The name, address, mailing address and
telephone number of the applicant. If the applicant is not the owner
of the mobile home unit (but is acting on the owner's behalf) for
which a permit is being sought, the applicant shall also include the
name of the owner of the unit and documentation of the authority
and/or legal relationship ofthe applicant allowing him to occupy the
mobile home unit.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-3IO. REVIEW STANDARDS
(b) Park Manager Identification. The name, mailing address and
telephone number of the park manager.
(c) Mobile Home Park Identification. The name of the mobile home
park in which the applicant's unit is located and the location of the
unit within the park.
(d) Manufacturer Identification. The mobile home manufacturer's
identification number.
(e) Site Plan. A site plan that locates the mobile home on the lot and
shows all adjoining structures and roads.
(f) Inspection Fee. An inspection fee in the amount established from
time-to-time by Eagle County.
(3) Review of Application, Inspection, Permit.
(a) Authority to Issue Permit. The Building Official, after receiving
the application and providing for review by the Environmental
Health Departillent and the Planning Department, shall be
authorized to issue a hook-up permit.
(b) Inspection. The Building Inspector and the Environmental Health
Manager are hereby authorized to inspect any unit that is subject to
the provisions of this Section and to review the construction or
maintenance of the unit or improvements to the unit that are relevant
to this Section. Staff from the Building Department or the
Environmental Health Department shall inspect the mobile home
hook-ups prior to occupancy.
(c) Permit Denial. The Building Official may deny any hook-up
permit if the application is in any way incomplete, according to
Section 3-310 Y.2.c., Application for Permit, or ifthe mobile home
proposed to be moved, or the proposed location, does not meet the
standards of this Section.
(d) Standards. The Building Inspector may issue a hook-up permit for
a mobile home after considering the following:
i) Report. The comments provided in reports from the
Planning and Environmental Health departments.
ii) Utility Connections. Whether the proposed connections
for water supply, sewage disposal, electricity and gas will
be adequate and safe.
3-32 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
ARTICLE 3: ZONE DISTRICTS 3-3IO. REVIEW STANDARDS
Hi) Tie Down. Whether the proposed blocking and tie down
will be adequate and safe.
iv) Address. Whether the street address or space numbers or
letters will be visible from the access street, by day or night.
v) Steps. Whether there will be safe and approved steps,
landings, handrails and guardrails.
d. Denial of Certificate of Approved Final Inspection of Hook-up Requirements.
(1) Reasons for Denial. The Building Official may deny occupancy of any
mobile home if he determines that the mobile home hook-up does not
comply with the minimum standards of this Section and that the mobile
home cannot be safely occupied.
(2) Specify Requirements for Subsequent Application. If the Building
Official denies either a hook-up permit or a certificate of final inspection
approval, he shall specify what requirements must be complied with prior to
consideration of a subsequent permit application. The applicant may
resubmit the application upon satisfactory evidence that the requirements of
this Section have been complied with in full.
3. Standards for Parks in Existence Prior to the Effective Date of These Regulations.
Mobile home or recreational vehicle parks in existence prior to the effective date of the
County's initial mobile home and recreational vehicle park regulations (October 19,1974)
shall be subject to the following standards.
a. Drainage. The park shall be drained, graded and surfaced where necessary to
facilitate drainage, and prevent movement and shall be free from depressions in
which water collects and stagnates.
b. Clean Sanitary Condition. The park shall be maintained in a clean sanitary
condition at all times. Grasses, weeds and other such vegetation not considered as
part of the ornamental landscape shall not exceed twelve (12) inches in height.
c. Occupancy. A mobile home located in a mobile home park shall only be occupied as
a dwelling when it is properly placed on a conforming mobile home lot and is
connected to all utilities, including water, sewer, electricity or gas. Utility service
connections shall be located on the lot served.
d. Water Supply. All mobile homes, service buildings and other facilities shall be
provided at all times with an adequate supply of water, and shall be served by a water
system designed, constructed and protected in accordance with Colorado Department
of Health recommendations.
EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
e. Sewage Disposal. All illobile hOilles, service buildings and other facilities shall be
provided at all times with an adequate means of sewage disposal in accordance with
Departillent of Colorado Public Health and Environment recomillendations.
f. Refuse. The storage, collection and disposal of refuse in a illobile hOille park shall be
so conducted as to control odors, rodents, insects, accidents, fire hazards, air
pollution or other nuisance conditions.
g. Signs. Each mobile hOille in a park shall be clearly identified by street address or
space numbers or letters visible from the access street, by day or night. Street signs
shall be provided on all vehicular streets.
h. Structural Support. The mobile home space shall provide a sound base for the
structural support of the mobile home to prevent shifting, heaving or uneven settling.
i. Access to Connections. Where skirting is provided, readily operable doors or access
panels shall be installed to permit convenient access to the water, sewer and gas
connections.
j. Structural Alterations. Structural alterations to any mobile home shall comply with
all applicable provisions of these Land Use Regulations and the Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code
and the Department of Colorado Public Health and Environillent.
k. Setbacks. A mobile hOille shall not be placed less than ten (10) feet from its longest
side or three (3) feet on its shortest side respectively to any other mobile home,
building, fence or other obstruction. Non-combustible storage sheds shall be exempt
froill this standard, provided they do not block emergency or utility access.
4. Standards for New Mobile Home Parks or Additions To Existing Parks.
a. Site Improvements.
(1) Access. The park shall have access to a public road.
(2) Drainage. The park shall be located on a well-drained site, that is graded or
drained and is free from stagnant pools of water.
(3) Landscaping. The site plan shall include a landscaping plan prepared in
accordance with Section 4-220 Landscape Plan.
(4) Minimum Setbacks.
LAND USE REGULATIONS 3-34 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005
(a) Mobile Home Space. The minimum setbacks for mobile home
units from each mobile home space line shall be:
i) Front. Twenty (20) feet frOill the front space line.
ii) Side. Twenty (20) feet between units.
Hi) Rear. Five (5) feet from the rear space line.
(b) Mobile Home Park Boundaries. The mobile home park space
shall cOillply with the following setbacks:
i) Front Yard. The mobile home park space shall be set
back a minimum of fifty (50) feet from an arterial or
collector road or twenty-five (25) feet from a local or
mountain road.
ii) Side or Rear Property Line. The illobile hOille park space
shall be set back a minimuill of twenty (20) feet from any
side or rear property line.
(c) Fire Protection. All mobile homes, modular homes, or habitable
appurtenances shall be set back be a minimum of twenty (20) feet
frOill each other, for fire protection.
(5) Mobile Home Spaces. Each mobile hOille space shall contain a minimum of
three thousand-eight hundred (3,800) square feet of area per single-wide
unit, and five thousand (5,000) square feet for a double or multi-wide unit,
exclusive of park driveways. The area in which the mobile home is placed
shall be graded for drainage and improved to prevent shifting or settling of
the illobi1e home. Anchors or tie-downs shall be provided as necessary to
prevent overturning of illobile hOilles.
(6) Parking. Each mobile home space shall contain a minimum of two (2)
paved off-street parking spaces, for use by automobiles.
(7) Driveways and Walkways. All mobile home spaces shall abut upon an
appropriately surfaced driveway that provides unobstructed access to a
public street or highway. The minimum unobstructed width of such
driveways shall be twenty-five (25) feet. All driveways and walkways
within the park shall be sufficiently illuminated to ensure safety for park
residents. Walkways that are not less than three (3) feet wide shall be
provided along drives, as required for safety and convenience of inhabitants.
LAND USE REGULATIONS 3-35 EAGLE COUNTY, COLORADO
Article 3, January 4, 2005