HomeMy WebLinkAboutR02-047 amending LUR's Chapter V and VICommissioner r cvx.c� moved adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002-
IN THE MATTER OF AMENDING
CHAPTER H, ARTICLES 1, 2, 3, 4, 5, 6, Appendix A
CHAPTER V, and CHAPTER VI
of the
EAGLE COUNTY LAND USE REGULATIONS
FILE NO. LUR -0037
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado
(hereinafter the "Board "), is authorized, pursuant to State enabling legislation including, but not
limited to, C.R.S. 30 -28 -101, et seg., to plan for and regulate the use and development to land in
the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of
promoting the health, safety, convenience, order, prosperity, and welfare of the present and future
inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision regulations, which land
use regulations have been incorporated into one comprehensive document entitled "Eagle County
Land Use Regulations" (hereinafter the "L.U.R. "), pursuant to Resolution No.98 -147; and
WHEREAS, C.R.S. 30 -28 -116, and Chapter 1.15 and Chapter 2, Section 5 -230 of the
L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape,
boundaries, or area of any district, or any regulation of or within such district, or any other
provisions of the County's Zoning Resolution; and
WHEREAS, C.R.S. 30 -28 -133, and Section 1.15 and Chapter 2, Section 5 -230 of the
L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and
WHEREAS, on August 2, 2001, the Eagle County Department of Community
Development, initiated proposed amendment to the L.U.R., in order to amend Chapter II, Articles
1,2,3,4,5,6, Appendix A, and Chapters V and VI, to provide for a demonstrated community need,
such proposed amendment was referred to the Roaring Fork Valley Regional Planning
Commission and the Eagle County Planning Commission for their review and comment; and
IIIIVIIIIIII III II III III IIIVIII I
7 890 8 6
Pag
Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00
WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the
proposed amendment on October 18' , 2001 and November 8 2001, and certified their
comments and recommendations with respect thereto to the Board; and
WHEREAS, the Eagle County Planning Commission reviewed the proposed amendment
on October 17 2001, November 7 2001 and November 21', 2001, and certified their
comments and recommendations with respect thereto to the Board; and
WHEREAS, after public notice was given pursuant to law, the Board held a public
hearing to consider comments on such proposed amendment on February 12 2002, in the Board
of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and
WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits
submitted at the public hearing, as well as the comments and recommendations of the Eagle
County Planning Commission, the Roaring Fork Valley Regional Planning Commission, and the
Eagle County Department of Community Development, together with the various studies and
land use plans of the County including the Eagle County Master Plan, the Board hereby
determines that the proposed amendments to Chapter II, Articles 1,2,3,4,5,6, Appendix A, and
Chapters V and VI of the L.U.R., is necessary and proper for the protection of the public health,
safety, welfare and best interest of the County of Eagle, State of Colorado, finding as follows:
1. Pursuant to Chapter 1, Section 1.15.04 Referrals of the Eagle County Land
Use Regulations:
(a) The proposed amendment HAS been referred to the appropriate referral
agencies for an advisory opinion.
(b). The proposed amendment HAS been referred to all incorporated
municipalities for recommendation by the city or town planning
commission or city council or town board, or agents designed by them.
(c) The proposed amendment HAS been referred to the Division of Planning
of the Department of Local Affairs for advice and recommendation.
(d) The proposed amendment IS NOT significant amendments to provisions of
these Land Use Regulations relating to subdivision matters and therefore
HAS NOT been referred to the Land Use Commission for comment.
3. Pursuant to Chapter 1, Section 1.15.05 Public Hearin- of the Eagle County
Land Use Regulations: Public notice HAS been given pursuant to Section
1.15.05.(1), Section 1.15.05.(2) and Section 1.15.05.(2) of this Chapter.
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4. Pursuant to Chapter 2, Section 5- 230.B.2. Text Amendment of the Eagle
County Land Use Regulations:
(a) The proposed amendment SOLELY AMENDS THE TEXT of the Eagle
County Land Use Regulations and DOES NOT amend the Official Zone
District Map or any other map incorporated into the Regulations by
reference.
(b) Precise wording of the proposed changes HAVE been provided.
5. Pursuant to Chapter 2, Section 5- 230.D. Standards of the Eagle County Land
Use Regulations as applicable:
(a) The proposed amendment IS consistent with the purposes, goals, policies,
and Future Land Use Map of the Eagle County Master Plan.
(b) The proposed amendment DOES address a demonstrated community need.
(c) The proposed amendment IS in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Chapter II, Articles 1,2,3,4,5,6, Appendix A, and Chapters V and VI of the Eagle
County Land Use Regulations, is hereby amended, effective upon the recording of this Resolution
and shall be applicable to any applications to which are pending or hereafter submitted.
THAT, the approved amendments are attached to this Resolution as Exhibit A.
THAT, this amendment of Chapter H, Articles 1,2,3,4,5,6, Appendix A, and Chapters V
and VI of the L.U.R. shall not constitute nor be construed as a waiver of any violations existing at
the time of adoption of this Resolution.
THAT, the Director of Community Development is hereby directed to transmit a true and
correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use
Commission.
THAT, should any section, clause, provision, sentence or word of this Resolution,
including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other
than the part so declared to be invalid. For this purpose, this Resolution is declared to be
severable.
M
C
THAT, this Resolution is necessary for the public health, safety, and welfare of the
County of Eagle, State of Colorado
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 12' day of March, 2002, nunc
pro tunc to the 12th day of February, 2002.
`Clerk to tYfe Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
I Fisher _
BY: 1 I A
Michael L. Gallagher, Chi
Commissione seconded adoption of the foregoing resolution: The roll having
been called, the vote was as follows:
Commissioner Michael L. Gallagher a�-f„
Commissioner Tom C. Stone
Commissioner Am M. Menconi
This Resolution passed by vote of the Board of County Commissioner of the County of
Eagle, State of Colorado.
4
ATTEST:
EXHIBIT A
March 12', 2002 Amendments
to the Eagle County Land Use Regulations
of
Chapter II: Table Contents, Articles 1,2,3,4,5,6, Appendix A,
and Chapters V and VI -
5
�1
TABLE OF CONTENTS
ARTICLE 1 GENERAL PROVISIONS
PAGE
SECTION 1 -100 TITLE & SHORT TITLE ............ .. .......... 1 -1
SECTION 1 -110 AUTHORITY .................. . ............................1 -1
SECTION 1 -120 PURPOSE .. ........... ............ ............ 1 -1
SECTION 1 -130 RULES OF CONSTRUCTION ........................ .........1 -1
SECTION 1 -140 APPLICABILITY ............. .. ... ......... ... 1 -4
SECTION 1 -150 EXEMPTIONS: EFFECT OF THESE LAND USE REGULATIONS ON
PREVIOUSLY APPROVED DEVELOPMENT ..... 1 -6
SECTION 1 -160 REPEALER . ................... ............................1 -8
SECTION 1 -170 SEVERABILITY . .... . ........ ............................1 -8
ARTICLE 2 DEFINITIONS
SECTION 2 -100 PURPOSE ............................ 2 -1
SECTION 2 -110 DEFINITIONS .................... ............................2 -1
ARTICLE 3 ZONE DISTRICTS
DIVISION 34 GENERAL
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
11
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DIVISION 3 -2 PURPOSES OF ZONE DISTRICT
SECTION 3 -200 GENERAL ....... ............................... ........3 -3
SECTION 3 -210 RESIDENTIAL, AGRICULTURAL & RESOURCE ZONE DISTRICTS. 3 -3
SECTION 3 -220 COMMERCIAL & INDUSTRIAL ZONE DISTRICTS ............... 3 -5
SECTION 3 -230 PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT ........ 3 -6
SECTION 3 -240 EAGLE -VAIL PUD ................ ............................3 -6
DIVISION 3 -3 USE & DIMENSIONAL STANDARDS
SECTION 3 -300 RESIDENTIAL, AGRICULTURAL & RESOURCE ZONE DISTRICTS
ARTICLE 4 SITE DEVELOPMENT STANDARDS
DIVISION 4 -1 OFF - STREET PARKING & LOADING STANDARDS
SECTION 4 -100 PURPOSE ................................................... 4 -1
SECTION 4 -110 APPLICABILITY . ............ ............................. 4 -1
SECTION 4 -120 NUMBER OF REQUIRED PARKING & LOADING SPACES .........4 -1
SECTION 4 -130 GENERAL STANDARDS FOR PARKING & LOADING AREAS ......4 -3
SECTION 4 -140 DESIGN STANDARDS FOR PARKING & LOADING AREAS ........4 -4
7
USE SCHEDULE ....................... ............. ..... 3 -7
SECTION 3 -310
REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,
AGRICULTURAL & RESOURCE USES 3
......................... -12
SECTION 3 -320
COMMERCIAL & INDUSTRIAL ZONE DISTRICTS
USE SCHEDULE ....... .............................. ... 3 -46
SECTION 3 -330
REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL
& INDUSTRIAL USES ....................................... 3 -52
SECTION 3 -340
ZONE DISTRICT DIMENSIONAL LIMITATIONS .................3 -54
ARTICLE 4 SITE DEVELOPMENT STANDARDS
DIVISION 4 -1 OFF - STREET PARKING & LOADING STANDARDS
SECTION 4 -100 PURPOSE ................................................... 4 -1
SECTION 4 -110 APPLICABILITY . ............ ............................. 4 -1
SECTION 4 -120 NUMBER OF REQUIRED PARKING & LOADING SPACES .........4 -1
SECTION 4 -130 GENERAL STANDARDS FOR PARKING & LOADING AREAS ......4 -3
SECTION 4 -140 DESIGN STANDARDS FOR PARKING & LOADING AREAS ........4 -4
7
DIVISION 4 -2
SECTION 4 -200 PURPOSE ............... ............................... 4 -12
SECTION 4 -210 APPLICABILITY ............................................ 4 -12
SECTION 4 -220 LANDSCAPE PLAN ... ................. ...... ... 4 -12
SECTION 4 -230 LANDSCAPING DESIGN STANDARDS & MATERIALS .... ...4 -14
SECTION 4 -240 INSTALLATION & MAINTENANCE REQUIREMENTS .. ......... 4 -17
SECTION 4 -250 ILLUMINATION STANDARDS ........ . .. .... -19
DIVISION 4 -3 SIGN REGULATIONS
SECTION 4 -300 PURPOSE .. ............... ......................... . 4 -20
SECTION 4 -310 APPLICABILITY ............................................ 4 -20
SECTION 4 -320 PROHIBITED SIGNS ..... ............................... .. 4 -22
SECTION 4 -330 SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS ...... 4 -24
SECTION 4 -340 SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS .4 -28.
SECTION 4 -350 PROCEDURE TO OBTAIN SIGN PERMIT .......................4 -32
SECTION 4 -360 NONCONFORMING SIGNS ........ ...........................4 -33
SECTION 4 -370 VIOLATIONS & PENALTIES ............... ................4 -34
DIVISION 4 -4 NATURAL RESOURCE PROTECTION STANDARDS
SECTION 4 -400 PURPOSE ................ .................. ............ 4 -35
SECTION 4-410 WILDLIFE PROTECTION .................... ................4 -35
SECTION 4 -420 DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS ..4 -37
SECTION 4 -430 DEVELOPMENT IN AREAS SUBJECT TO WILDLIFE HAZARDS ...4 -41
SECTION 4 -440 WOOD BURNING CONTROLS ................................ 4 -43`
SECTION 4 -450 RIDGELINE PROTECTION .... ............................... 4 -45
SECTION 4 -460 ENVIRONMENTAL IMPACT REPORT ......................... 4 -47
0
DIVISION 4 -5
STANDARDS
SECTION 4 -500 PURPOSE .. .... ............................... . 4 -51
SECTION 4 -510 APPLICABILITY .... ....... ............ .............. 4 -51
SECTION 4 -520 NOISE & VIBRATION STANDARDS ........................... 4 -51
SECTION 4- 530SMOKE & PARTICULATE STANDARDS .... ....... ........... 4 -51
SECTION 4 -540 HEAT, GLARE, RADIATION & ELECTRICAL INTERFERENCE .... 4 -52
SECTION 4 -550 STORAGE OF HAZARDOUS & NON - HAZARDOUS MATERIALS.. 4 -52
SECTION 4 -560 WATER QUALITY STANDARDS ............... .. ... .....4 -53
DIVISION 4 -6 IMPROVEMENTS STANDARDS
SECTION 4 -600 PURPOSE .................................................. 4 -53
SECTION 4 -610 APPLICABILITY .... ......... .............. ........... 4 -53
SECTION 4- 620ROADWAY STANDARDS ............ ........................ 4 -54
SECTION 4 -630 SIDEWALK & TRAIL STANDARDS . ...........................4 -86
SECTION 4 -640 IRRIGATION SYSTEM STANDARDS .......................... 4 -88
SECTION 4 -650 DRAINAGE STANDARDS .................................... 4 -89
SECTION 4 -660 EXCAVATION AND GRADING STANDARDS ............ ......4 -91
SECTION 4 -665 EROSION CONTROL STANDARDS ..................... .....4 -91
SECTION 4 -670 UTILITY & LIGHTING STANDARDS ...........................4 -94
SECTION 4 -680 WATER SUPPLY STANDARDS ............................... 4 -95
SECTION 4 -690 SANITARY SEWAGE DISPOSAL STANDARDS ................. 4 -97
DIVISION 4 -7 MACT FEES & LAND DEDICATION STANDARDS
SECTION 4- 700SCHOOL LAND DEDICATION STANDARDS ......................4 -99
. SECTION 4 -710 ROAD IMPACT FEES ......... ..............................4 -100
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ARTICLE 5 ADMINISTRATION C
DIVISION 5 -1 DUTIES & RESPONSIBILITIES OF DECISION - MAKING.
ADMINISTRATIVE & ADVISORY BODIES
SECTION 5- 100BOARD OF COUNTY COMMISSIONERS .......................... 5 -1
SECTION 5 -110 PLANNING COMMISSION .... ................ ..... .....5 -2
SECTION 5 -120 ZONING BOARD OF ADJUSTMENT ............................ 5 -6
SECTION 5 -130 HEARING OFFICER ........ .. ...................... 5 -8
SECTION 5 -140 COMMUNITY DEVELOPMENT DIRECTOR ............ ........5 -10
SECTION 5 -150 CODE ENFORCEMENT OFFICER ........................... 5 -11
SECTION 5 -160 COUNTY ATTORNEY ............... ...... ....... ... 5 -11
SECTION 5- 170 COUNTY ENGINEER .. ............................... .. 5 -12
DIVISION 5 -2 COMMON PROCEDURES
SECTION 5 -200 GENERAL ....................... ...........................5 -13
SECTION 5 -210 PROVISIONS OF GENERAL APPLICABILITY ................... 5 -16
SECTION 5 -220 INTERPRETATIONS ........................ ...............5 -26
SECTION 5 -230 AMENDMENTS TO THE TEXT OF THESE LAND USE
REGULATIONS OR THE OFFICIAL ZONE DISTRICT MAP ....... 5 -27
SECTION 5 -240 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT .............. 5 -30
SECTION 5 -250 SPECIAL USES ............................................. 5.51
SECTION 5 -260 VARIANCES ................ ............................... 5 -55
SECTION 5 -270 SUBDIVISION EXEMPTION ............................... 5 -58
SECTION 5 -280 SUBDIVISION ............... ............................... 5 -61
SECTION 5 -290 MINOR SUBDIVISION .. ...... ......... 5 -81
SECTION 5 -300 LIMITED REVIEW USE ....... ............................... 5 =84
10
SECTION 5 -2100 CERTI ATE OF ZONING COMPLIANCE .0 ........ .......5 -87
SECTION 5 -2200 PUBLIC WAY & EASEMENT VACATIONS ..................... 5 -88
SECTION 5 -2300 BENEFICIAL USE DETERMINATION .......................... 5 -90
SECTION 5 -2400 APPEALS OF STAFF DECISIONS / INTERPRETATIONS .......... 5 -94
SECTION 5 -2500 VESTED PROPERTY RIGHTS ............ ...................5 -95
SECTION 5 -2600 TEMPORARY REGULATIONS . ............................... 5 -97
SECTION 5 -2700 CORRECTION PLAT ......... . . ...........................5 -97
ARTICLE 6 NONCONFORMITIES
SECTION 6 -100 PURPOSE & INTENT ............ ... ......................6 -1
SECTION 6 -110 NONCONFORMING USES & STRUCTURES ..................... 6 -1
SECTION 6 -120 NONCONFORMING LOTS OF RECORD ..........................6 -3
SECTION 6 -130 NONCONFORMITIES CREATED
BY EMINENT DOMAIN PROCEEDINGS ................. ...... 6 -4
ARTICLE 7 ENFORCEMENT
SECTION 7 -100 GENERAL ............ ............................... ...... 7 -1
SECTION 7 -110 REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT,
VARIANCE PERMIT, PUD OR SUBDIVISION .................... 7 -2
SECTION 7 -120 ABATEMENT OF VIOLATIONS . ............................... 7 -4
SECTION 7 -130 NOTIFICATION TO CORRECT VIOLATION ......................7 -7
SECTION 7 -140 OTHER REMEDIES ................................... ...... 7 -8
APPENDIX A
FINAL PLAT RECORDING SPECIFICATIONS & CERTIFICATE FORMATS
FINAL PLAT RECORDING SPECIFICATIONS ........ ............................2
11
CERTIFICATE OF DEDI PION & OWNERSHIP ........... ........ ...........3
TITLE CERTIFICATE ............................. .........................4
SURVEYOR'S CERTIFICATE .......................................... ..... 4
CERTIFICATE OF DEDICATION & OWNERSHIP
(FOR COMBINED PLAT & CONDOMINIUM MAP) ........................... 5
CERTIFICATE OF DEDICATION & OWNERSHIP (FOR EXEMPTION PLAT) ............ 6
SURVEYOR'S CERTIFICATE (FOR CONDOMINIUM PLAT) .............. 7
APPROVAL BLOCK FOR BOARD OF COUNTY COMMISSIONERS .' ..................8
APPROVAL BLOCK FOR BOARD OF COUNTY COMMISSIONERS
(FOR TYPE B MINOR SUBDIVISION ) .................... ........... ....9
APPROVAL BLOCK FOR BOARD OF COUNTY COMMISSIONERS
(FOR EXEMPTION PLAT) .................... .... ............ . 10
COMMUNITY DEVELOPMENT CERTIFICATE .... ............................... 11
CLERK & RECORDER'S CERTIFICATE ............. .............................11
TREASURER'S CERTIFICATE OF TAXES PAID ....... ........................12
APPENDIX B
EAGLE -VAIL PUD GUIDELINES
APPENDIX C
CLASSIFICATION OF ROADS IN EAGLE COUNTY
APPENDIX D
NELSON ACCESS ROAD
(AS REFERENCED IN ARTICLE 6, SECTION 6 -120, B.2, NONCONFORMITIES)
APPENDIX E
NAMED STREAMS
(AS REFERENCED IN ARTICLE 4, SECTION 4- 620.K.3)
*NOTE: Page numbers may change when incorporating the amendments into the Land Use
Regulations.
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Chapter 2: Land Use Regulations
Article 1: General Provisions
Section 1- 140.C.3.a
3. Approvals and permits for building construction, grading and infrastructure
development shall be issued only as part of or after final plat approval. Provided
that the applicant is actively pursuing the resolution of all issues associated with
Final Plat, grading permits may be issued by the County Engineer following
Preliminary Plan approval if all regulations regarding collateralization of
restoration bonding requirements, as well as all grading and erosion control
standards, as outlined in Section 4 -660 and 4 -665, are met. (am 3112102)
Article 2: Definitions
ACCESSORY BUILDING means a building, located on the same lot as the principal building to which it
is clearly incidental, subordinate, secondary and devoted and which is customarily found in conjunction
with the principal building. See separate definition of garage. (am 3112102)
DEVELOPMENT means any of the following activities that require some form of development permit
pursuant to these Land Use Regulations: 1) the subdivision of a parcel of land into two (2) or more lots or
divisions; 2) the construction, reconstruction, conversion, expansion, or structural alteration, relocation, or
enlargement of any buildings, structures, or accessory structure; 3) any use or change in use of any
buildings, land, or water; 4) any clearing, grading or other movement of land of a nature or dimension
which requires a permit pursuant to Article 4 -660; 5) any mining, dredging, filling, grading, paving,
excavating, or daily operations. (am 3112102)
FLOOR AREA RATIO (NET) means the relationship of the net floor area to the net developable area of
the lot expressed as an arithmetic ratio. Floor area, includes all habitable spaces, excluding garages and
mechanical spaces, and is measured from the exterior of the wall and / or foundation. FAR limitations and
calculation methods may differ within certain Planned Unit Developments. (am 3112102)
GARAGE, private, for residential use means an accessory building, or an accessory portion of a main
building, designed for shelter or storage of motor vehicles which are owned and operated by the occupants
of the main building. In the FH, RSM, RSL, and RMF zone districts, habitable spaces within garages such
as, offices, bathrooms or other similar uses will be counted towards the property's floor area ratio. In all
zone districts, total garage square footage shall not exceed total habitable space located on the lot. (orig
3112102)
NONCONFORMING LOT means a parcel of land not meeting the minimum lot size requirements of the
underlying zone district. (am 3112102)
KENNEL, means any lot, premises or establishment in which four (4) or more dogs, cats or domesticated
animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation. (am 3112102)
MASS GATHERINGS means entertainment, recreation, religion, athletic, and similar activities having a
reasonable expected attendance of five hundred or more (500 +) persons. (am 3112102)
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RECREATION VEHICLE PARK means any lot or parcel of ground upon which two (2) or more
recreational vehicle sites are located, established, or maintained on a short term or seasonal basis as
temporary dwellings or sleeping accommodations.
MAJOR RECREATION VEHICLE PARK means an recreational vehicle park located on a
minimum 5 acre, or larger, parcel. See Section 3- 310.Y.5 Major Recreational Vehicle Park.
MINOR RECREATION VEHICLE PARK means an recreational vehicle park located on a
minimum 1 -5 acre parcel, containing a maximum of 5 camping spaces per acre. See Section 3 -310.
Y.6 Minor Recreational Vehicle Park.
REQUIRED YARD means setback. See also definition of setback. (am 3112102)
SETBACK means the area prescribed by an imaginary line extending across the lot, parallel with the
adjacent lot line and within which no building or structures shall be constructed, except as specifically
permitted by these Land Use Regulations in Section 3- 340.D. (am 3112102)
YARD means an area located between a building and one or more property lines. A front yard is more
specifically defined as the area located between a building and one or more property lines from which
access to the lot is achieved. See also Section 3- 340.C. Yard is further defined in the illustrations on the
following page: (am 3112102)
Article 3 Zone Districts
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
14
C.
H.
Utility Transmission and Distribution Facilities
I.
New or Expanded Domestic, Municipal and Industrial Water and Sewer
Systems and Projects
J.
Park, Open Space or Greenbelt
K.
Recycling Collection or Drop -Off Center
L.
Reservoirs and Dams
M.
Water Diversion Structures, Ditches and Pipeline Structures
N.
Water Storage or Impoundment Facility, Water or Wastewater Treatment
Facility
O.
Studio for Arts and Crafts
P.
Exploration, Extraction and Processing Operations
Q.
Land Application
R.
Farm or Ranch Stand/Sales of Agricultural Products
S.
Forestry
T.
Mass Gatherings
U.
Outfitter and Guide
V.
Resort Recreational Facility
W.
Temporary Building or Use
X.
Temporary Housing
Y.
Mobile Home and Recreational Vehicle Parks
Z.
Multi - Housekeeping Dwelling Unit
Aa.
Tree Storage (am 3112102)
Section 3 -310 Review Standards Applicable to Particular residential, Agricultural, and Resource
Uses
Section 3- 310.A.2,3
and 6
Page 3 -13
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.
15
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.
(am 3112102)
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 3112102)
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
districts only. (am 3112102)
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 dimensional
limitations of the underlying zone district, but shall not count towards any
applicable density limitations for the property. (am 3112102)
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.
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Section 3 -3 10 T.1 and 2
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 Sheriffs Office must
review and approve parking, circulation and security plans associated with the
Mass Gathering event. (am 3112102)
2. Concerns to Address. The application for the mass gathering shall state: The
number of people expected to attend the gathering; a description of the 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 3112102)
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. Fire safety.
k. 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: (orig 3112102)
a. Location of event activities.
b. Location of vendors.
C. Parking areas including both on site and off site.
17
C 11 C'
d. On site and off site traffic circulation patterns, as well as on site and off site
pedestrian circulation paths, walkways, and aisles and emergency crowd
control access areas.
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.
(orig 3112102)
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.
(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 `Restroom'
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.
18
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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 and Fire Safety.
(1) All mass gathering events must provide plans for handling medical
emergencies, fire safety, and wildfire safety and prevention.
(2) Plans for the provision of Emergency Medical services and Fire
Safety must be approved, in writing, by the applicable emergency
medical provider and/or fire protection district, agency or authority..
L 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 of the mass gathering event, event
location, and length of the event, the Eagle County Sheriff's Office
may approve alternative `Security' plans.
Section 3- 310.Y.4.a -f; 5a -g;6; 7
Section 3- 310.Y.6 to be inserted
Page 3 -33
4. Standards for New Mobile Home Parks or Additions To Existing Parks.
(am 3112102)
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 alandscaping plan
prepared in accordance with Section 4 -220 Landsca en Plan
fib]
(4) Minimum Setbacks.
C
(a) Mobile Home Space. The minimum setbacks for mobile
home units from each mobile home space line shall be:
i) Front. Twenty (20) feet from the front space line.
ii) Side. Twenty (20) feet between units.
iii) Rear. Five (5) feet from the rear space line.
(b) Mobile Home Park Boundaries. The mobile home park
space shall comply with the following setbacks:
i) Front Yard. The mobile home park space shall be
set back a minimum of fifty (50) feet from an arterial
or collector road or twenty -five (25) feet from a local
or mountain road.
ii) Side or Rear Property Line. The mobile home
park space shall be set back a minimum of twenty
(20) feet from any side or rear property line.
(c) Fire Protection. All mobile homes, modular homes, or
habitable appurtenances shall be set back be a minimum of
twenty (20) feet from each other, for fire protection.
(5) Mobile Home Spaces. Each mobile home space shall contain a
minimum of three thousand -eight hundred (3,800) square feet of
area per single -wide unit, and five thousand (5,000) square feet for a
double or multi -wide unit, exclusive of park driveways. The area in
which the mobile home is placed shall be graded for drainage and
improved to prevent shifting or settling of the mobile home.
Anchors or tie -downs shall be provided as necessary to prevent
overturning of mobile homes.
(6) Parking. Each mobile home space shall contain a minimum of two
(2) paved off -street parking spaces, for use by automobiles.
(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.
20
(8) Paving. All mobile home park roads shall be engineered and
surfaced with asphalt, concrete or gravel. (am 3112102)
(9) Maintenance. All mobile home lots and stands shall be maintained
in a clean and sanitary condition, free from hazardous or noxious
materials, weeds and refuse. The unit owner shall be responsible
for ensuring compliance.
b. Water Supply and Distribution.
(1) Comply With Standards. - A domestic water supply that is in
compliance with the drinking water standards of the Colorado
Department of Health shall be provided in each mobile home park.
Where a public supply of water of satisfactory quantity, quality, and
pressure is available, connection shall be made thereto and it shall
be the exclusive supply used. When such a public water supply is
not available, a central water supply system maybe developed and
used if it meets standards of the Department of Colorado Public
Health and Environment.
(2) Located To Avoid Contamination. Every well or suction line of
the water supply system shall be located and constructed in such a
manner that neither underground nor surface contamination will
reach the water supply from any source.
(3) Treatment. The treatment of a private water supply shall be in
accordance with applicable state and local laws and regulations.
(4) Minimum Supply. The water source shall be capable of supplying
a minimum of four hundred -fifty (450) gallons per day per mobile
home.
(5) Connection. The water supply system shall be connected by pipes
to all mobile homes, buildings, and other facilities requiring water.
(6) Equipment. All water piping, fixtures and other equipment shall
be constructed and maintained in accordance with state and local
regulations and requirements and shall be of a type and in locations
approved by the County Environmental Health Office.
(7) Pressure. The system shall be so designed and maintained as to
provide a pressure of not less than twenty (20) nor more than eighty
(80) psi, under normal operating conditions at service buildings and
other locations requiring potable water supply.
21
}
(8) Minimum Horizontal Separation. A minimum horizontal
separation of ten (10) feet shall be maintained between all domestic
water lines and sewer lines.
(9) Underground Valves. Underground stop and waste valves shall
not be installed on any water service.
(10) Water -Riser Pipes. Water -riser pipes shall extend a minimum of
four (4) inches above ground elevation unless recessed in a box or
sleeve. The pipe shall be a minimum of three- quarter (3/4) inch.
The water outlet shall be capped when a mobile home does occupy
the lot.
(11) Prevent Freezing. Adequate provisions shall be made to prevent
freezing of main service lines, valves and riser pipes and to protect
risers from heaving and thawing actions of the ground during
freezing weather. Surface drainage shall be diverted from the
location of the riser pipe.
(12) Shutoff Valve. A shutoff valve below the frost line shall be
provided near the water -riser pipe on each mobile home lot.
C. Sewage Disposal.
(1) Adequate System Required. An adequate sewage system shall be
provided in each mobile home park for the purpose of conveying
and disposing of all sewage. Such system shall be designed,
constructed and maintained in accordance with state and local laws.
(2) Sewer Lines. All sewer lines shall be located in trenches of
sufficient depth to be free of breakage from traffic or other
movements and shall maintain a minimum horizontal separation of
ten (10) feet from all domestic water lines. Sewers shall be at
grade that will insure a velocity of two (2) feet per second when
flowing full. All sewer lines shall be constructed of materials that
comply with state or local laws and shall meet the Department of
Colorado Public Health and Environment design criteria.
(3) Sewage Treatment and /or Discharge. Where the sewer lines of
the park are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the Environmental Health
Manager prior to construction. Effluents from sewage treatment
facilities shall not be discharged into any waters of the State, except
22
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with prior approval of the Department of Colorado Public Health
and Environment.
(4) Sewer Riser Pipe. Each mobile home stand shall be provided with
a minimum four (4) inch diameter sewer riser pipe. The sewer riser
pipe shall be so located on each stand that the sewer connection to
the mobile home system outlet will approximate a vertical position.
(a) Minimum Dimensions. The sewer connection shall have a
nominal inside diameter of a minimum of three (3) inches
and the slope of any portion thereof shall be a minimum of
one- eighth (1/8) inch per foot. The sewer connection shall
consist of one (1) pipe line only, with no more than one (1)
stand served by one (1) individual sewer connection.
Underground branch fittings of four (4) inch lines shall not
be permitted. All joints shall be watertight.
(b) Materials. All materials used for sewer connections shall
be rigid or semi -rigid, corrosive resistant, nonabsorbent and
durable. The inner surface shall be smooth.
(c) Plugging. Provisions shall be made for plugging the sewer
riser pipe when a mobile home does not occupy the lot. The
rim of the riser pipe shall extend a minimum of four (4)
inches above ground elevation, unless such riser pipe is
protected within a recessed box or sleeve.
d. Fire Protection. Adequate fire protection shall be provided and shall be in
compliance with all applicable fire codes and standards.
e. Service Building.
(1) Applicability. The requirements of this Section shall apply to
service buildings, recreation buildings and other community service
facilities such as management offices; repair shops and storage
areas; sanitary facilities; laundry facilities; indoor recreation areas;
and commercial uses supplying essential goods or services for the
exclusive use of park occupants.
(2) Structural Requirements for Buildings.
(a) Protection. All portions of the structure shall be properly
protected from damage by ordinary uses and by decay,
corrosion, termites, and destructive elements. Exterior
23
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portions shall be of such materials and be so constructed and
protected as to prevent entrance or penetration of moisture
and weather.
(b) Sanitary or Laundry Facilities. All rooms containing
sanitary or laundry facilities shall:
i) Walls. Have sound- resistant walls extending to the
ceiling between male and female sanitary facilities.
Walls and partitions around showers, bathtubs,
lavatories and other plumbing fixtures shall be
constructed of dense, non - absorbent waterproof
material or be covered with moisture resistant
material.
ii) Windows. Have a minimum of one (1) window or
skylight facing directly to the outdoors. The
minimum aggregate gross area of windows for each
required room shall be not less than ten (10) percent
of the floor area served by them. A minimum of one
(1) window shall be capable of being easily opened,
or the room shall have a mechanical device that will
adequately ventilate the room.
iii) Toilets. Have toilets locked in separate
compartments equipped with self - closing doors.
Shower stalls shall be of the individual type. The
rooms shall be screened to prevent direct view of the
interior when the exterior doors are open.
iv) Illumination. Have illumination levels maintained
as follows:
(a) Five (5) foot candles for general seeing tasks;
and
(b) Forty (40) foot candles for laundry room
work area and toilet room in front of mirrors.
v) Hot and Cold Water. Have hot and cold water
furnished to every lavatory, sink, bathtub, shower
and laundry fixture, and cold water furnished to
every water closet and urinal.
24
l
L Supervision.
(1) Attendant. The duly authorized attendant or caretaker shall be in
charge at all times to keep the park, its facilities and equipment in a
clean, orderly and sanitary condition.
(2) Owner Answerable. The park owner shall be answerable for the
violation of any provision of these Regulations, except those that
expressly involve unit owners or tenants.
(3) Refuse Handling. The storage, collection and disposal of refuse in
a mobile home park shall be so arranged as not to create health
hazards, rodent harborage, insect breeding areas, accident or fire
hazards, or air pollution. All refuse shall be disposed of at either a
municipal or County designated landfill site, at a minimum once per
week. See Section 4 -410.0 Wildlife Proof Refuse
Container/Dumpster Enclosure Standards. (am 3112102)
(4) Pest Control. Grounds, buildings and structures shall be
maintained free of insect and rodent harborage and infestation.
Extermination methods and other measures to control insects and
rodents shall conform with the requirements of the County
Environmental Health Office and the Department of Colorado
Public Health and Environment.
(5) Pet Control. The owners or managers of a mobile home park, or
the owners or persons in charge of any dog, cat, or other pet animal
shall keep such animal on a leash, not exceeding ten (10) feet, or
shall confine such animals within the unit space or designated areas
within the park, and shall not permit such animal to commit any
nuisance. Animals are restricted to household pets only.
(6) Electrical Distribution and Communication Wiring.
(a) Distribution System. Each mobile home park shall contain
an electrical distribution system to each lot or site,
consisting of wiring, fixtures, equipment and appurtenances
hereto that shall be installed and maintained in accordance
with the applicable electrical code currently in force.
Telephone and cable TV systems may be installed and
maintained.
(b) Approval By Utility. All plans for the above services shall
have the approval of the responsible utility prior to County
approval of mobile home park plans.
25
E
5. Standards For Major Recreational Vehicle Parks or Additions to. an Existing
Park. A major recreational vehicle park shall be limited to supplying parking
spaces for travel trailers, camper vehicles and/or tent camping on sites of five (5)
acres or more. Each camping space will be provided with individual water, sewer
and electric hook -ups or, water and sanitation facilities will be provided within
common areas located in close proximity to each camping space. Occupancy in a
major recreational vehicle park shall not exceed a period of six (6) months.
(am 3112102)
a. Site Improvements.
(1) Access. The park shall have access to a public road.
(2) Drainage. The park shall be located on a well - drained site that is
graded or drained and is free from stagnant pools of water.
(3) Landscaping. The site plan shall include a landscaping plan
prepared in accordance with Section 4 -220 Landscape Plan
(4) Minimum Area. A Major Recreational Vehicle Park shall contain
a minimum of five (5) acres.
(5) Minimum Setbacks.
(a) Vehicles. Recreational vehicles and/or tents shall be set
back a minimum of twenty (20) feet from each other.
(b) Boundaries. The Major Recreational Vehicle Park shall
comply with the following minimum setbacks:
i) Front Yard. The recreational vehicle park shall be
set back a minimum of fifty (50) feet from an arterial
or collector road or twenty -five (25) feet from a local
or mountain road.
ii) Side or Rear Property Line. The recreational
vehicle park shall be set back a minimum of twenty
(20) feet from any side or rear property line.
(6) Minimum Facilities for Recreational Vehicle Spaces. The area
devoted to each recreational vehicle space shall be adequate to
accommodate the following facilities:
(a) Picnic Facilities. Each space shall be provided with a
United States Forest Service approved fireplace or fire
circle, a picnic table and a well - drained, level site.
W
(b) Parking Space. Each space shall provide one (1) graveled
parking space;
27
(c) Vehicle Barriers. Adequate barriers shall be provided to
confine vehicles to driveways and parking spaces.
(7)
Driveways. All recreational vehicle spaces shall abut upon a
driveway, graded for drainage and maintained in a rut and dust free
condition, that provides unobstructed access to a public street or
highway. The minimum unobstructed width of such driveways
shall be fifteen (15) feet for one -way traffic or twenty -five (25) feet
for two -way traffic. No parking shall be permitted on the
driveways.
(8)
Clean and Sanitary Condition. The park owner shall be
responsible for ensuring that the recreational vehicle park is
maintained in a clean and sanitary condition, free from hazardous or
noxious materials, weeds and refuse.
b. Water Supply and Distribution.
(1)
Comply With Standards. A domestic water supply that is in
compliance with the drinking water standards of the Colorado
Department of Health shall be provided in each mobile home and
recreational vehicle park. Where a public supply of water of
satisfactory quantity, quality and pressure is available, connection
shall be made thereto and it shall be the exclusive supply used.
When such a public water supply is not available, a central water
supply system may be developed and used if it meets standards of
the Department of Colorado Public Health and Environment.
(2)
Located To Avoid Contamination. Every well or suction line of
the water supply system shall be located and constructed in such a
manner that neither underground nor surface contamination will
reach the water supply from any source.
(3)
Treatment. The treatment of a private water supply shall be in
accordance with applicable state and local laws and regulations.
(4)
Connection. The park's water supply system shall be connected by
pipes to all recreational vehicles, buildings, and other facilities
requiring water.
(5)
Equipment. All water piping, fixtures and other equipment shall
be constructed and maintained in accordance with state and local
27
regulations and requirements and shall be of types and in locations
accepted by the County Environmental Health Office.
(6) Pressure. The system shall be so designed and maintained as to
provide a pressure of not less than twenty (20) nor more than eighty
(80) psi, under normal operating conditions at service buildings and
other locations requiring portable water supply.
(7) Separation. A minimum horizontal separation of ten (10) feet shall
be maintained between all domestic water lines and sewer lines.
(8) Underground Valves. Underground stop and waste valves shall
not be installed on any water service.
(9) Supply. The water supply shall be capable of supplying fifty (50)
gallons per space per day for all spaces lacking individual water
connections and a hundred (100) gallons per space per day for all
spaces provided with individual water connections.
(10) Individual Water Service Connections. If facilities for individual
water service connections are provided, the following requirements
shall apply:
(a) Riser Pipes. Riser pipes provided for individual water
service connections shall be so located and constructed that
they will not be damaged by the parking of recreational
vehicles. Water riser pipes shall extend a minimum of four
(4) inches above ground elevation unless recessed in a box
or sleeve. The pipe size shall be three- quarter (3/4) inch..
(b) Prevent Freezing. Adequate provisions shall be made to
prevent freezing of main service lines, valves and riser
pipes.
(c) Valves. Valves shall be provided near the outlet of each
water service connection. They shall be turned off and the
outlets capped or plugged when not in use.
(d) Connection. The park's water supply system shall be
connected by pipes to all recreational vehicles, buildings,
and other facilities requiring water.
(11) Water Stations.
(a) Stations for Recreational Vehicle Area. Each recreational
vehicle parking area shall be provided with one (1) or more
28
easily accessible watering stations for filling water storage
tanks. Such water supply outlets shall consist of at least a
water hydrant and the necessary appurtenances and shall be
protected against the hazards of back flow and back
siphonage.
(b) Stations for Tent Camping Area. Each tent camping area
shall be provided with at least one (1) individual watering
station no more than two hundred (200) feet from any tent
camping space; such station to be constructed similar to
individual water service connections as provided under this
Section, except that riser height shall be between thirty (30)
inches and thirty two (32) inches and a splash pad shall be
installed around the base.
C. Sewage Disposal. An adequate sewage system shall be provided in each
recreational vehicle park for the purpose of conveying and disposing of all
sewage. Such system shall be designed, constructed and maintained in
accordance with state and local laws.
(1) Sewer Line. All sewer lines shall be located in trenches of
sufficient depth to be free of breakage from traffic or other
movements and shall maintain a minimum horizontal separation of
ten (10) feet from all domestic water lines. Sewers shall be at a
grade that will insure a velocity of two (2) feet per second when
flowing full. All sewer lines shall be constructed of materials that
comply with state or local laws and with Department of Colorado
Public Health and Environment design criteria.
(2) Sewage Treatment and /or Discharge. Where the sewer lines of
the park are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the Environmental Health
Office prior to construction. Effluents from sewage treatment
facilities shall not be discharged into any waters of the State except
with prior approval of the Department of Colorado Public Health
and Environment.
(3) Individual Sewer Connections. If facilities for individual sewer
connections are provided, the following requirements shall apply:
(a) Sewer Riser Pipe. The sewer riser pipe shall be a minimum
of four (4) inches in diameter, shall be trapped below the
ground surface and shall be so located on the trailer space
29
that the sewer connection to the trailer system will
approximate a vertical position.
(b) Sewer Connection. The sewer connection shall have a
nominal inside diameter of a minimum of three (3) inches,
and the slope of any portion thereof shall be a minimum of
one - eighth (1/8) inch per foot. All joints shall be watertight.
(c) Materials. All materials used for sewer connections shall
be corrosive resistant, nonabsorbent and durable. The inner
surface shall be smooth.
(d) Plugging. Provisions shall be made for plugging the sewer
riser pipe when a trailer does not occupy the space. Surface
drainage shall be diverted away from the riser.
(4) Sink Wastes. No liquid wastes from sinks shall be discharged into
or allowed to accumulate on the ground surface.
(5) Sewage Treatment and /or Discharge. Where the sewer lines of
the travel trailer parking area are not connected to a public sewer,
all proposed sewage disposal facilities shall be approved by the
County Environmental Health Office prior to construction.
Effluents from sewage treatment facilities shall not be discharged
into any waters of the state except with prior approval of the
Colorado State Department of Health.
d. Fire Protection. Adequate fire protection shall be provided and shall be in,
compliance with all applicable fire codes and standards. Defensible space
and fire breaks will be considered as part of the Special Use Permit review
process.
(am 3112102)
e. Electrical Distribution and Communication Wiring.
(1) Electrical Distribution System. Each recreational vehicle park
shall contain an electrical distribution system to each lot or site,
consisting of wiring, fixtures, equipment and appurtenances thereto
which shall be installed and maintained in accordance with the
applicable electrical code currently in force. Telephone and cable
TV systems may be installed and maintained.
(2) Approval By Utility. All plans for the above services shall have
the approval of the responsible utility prior to County approval of
park plans.
30
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f. Service Building.
(1) Applicability. The requirements of this Section shall apply to
service buildings, recreation buildings and other community service
facilities such as management offices; repair shops and storage
areas; sanitary facilities; laundry facilities; indoor recreation areas;
and commercial uses supplying essential goods or services for the
exclusive use of park occupants.
(2) Structural Requirements for Buildings.
(a) Protection. All portions of the structure shall be properly
protected from damage by ordinary uses and by decay,
corrosion, termites, and destructive elements. Exterior
portions shall be of such materials and be so constructed and
protected as to prevent entrance or penetration of moisture
and weather.
(b) Sanitary or Laundry Facilities. All rooms containing
sanitary or laundry facilities shall:
i) Walls. Have sound - resistant walls extending to the
ceiling between male and female sanitary facilities.
Walls and partitions around showers, bathtubs,
lavatories and other plumbing fixtures shall be
constructed of dense, non - absorbent waterproof
material or be covered with moisture resistant
material.
Windows. Have a minimum of one (1) window or
skylight facing directly to the outdoors. The
minimum aggregate gross area of windows for each
required room shall be not less than ten (10) percent
of the floor area served by them. At least one (1)
window shall be able to be easily opened, or the
room shall have a mechanical device that will
adequately ventilate the room.
iii) Toilets. Have toilets locked in separate
compartments equipped with self - closing doors,
shower stalls shall be of the individual type. The
rooms shall be screened to prevent direct view of the
interior when the exterior doors are open.
31
iv) Illumination. Have illumination levels maintained
as follows:
a. Five (5) foot candles for general seeing tasks;
and
b. Forty (40) foot candles for laundry room
work area and toilet room in front of mirrors.
v) Hot and Cold Water. Have hot and cold water
furnished to every lavatory, sink, bathtub, shower
and laundry fixture, and cold water furnished to
every closet and urinal.
(3) Required Community Sanitary Facilities.
(a) Central Service Building. A central service building
containing the necessary toilet and other plumbing fixtures
specified shall be provided in recreational vehicle parking
areas that provide spaces for vehicles and for tent camping
areas. Service buildings shall be conveniently located
within a radius of approximately three hundred (300) feet to
the spaces served. Provided that when a recreational park is
designed for and exclusively limited to use by self - contained
vehicles, no public sanitary facilities shall be required.
(b) Sanitary Facilities for Women. Sanitary facilities for
women shall include a minimum of one and one -half (1 -1/2) .
flush toilet, one (1) lavatory and one (1) shower for each
fifteen (15) recreational vehicle or tent spaces or fractional
number thereof.
(c) Sanitary Facilities for Men. Sanitary facilities for men
shall include a minimum of one (1) flush toilet, one (1)
urinal, one (1) lavatory and one (1) shower for each fifteen
(15) recreational vehicle or tent spaces or fractional number
thereof.
(d) Recreational Vehicle Park Connected to Resort. When a
recreational vehicle park requiring a service building is
operated in connection with a resort or other business
establishment, the number of sanitary facilities for such
business establishment shall be in excess of those required
by the schedule of recreational vehicle spaces and shall be
based on the maximum number of persons allowed to use
such facilities.
32
g. Supervision.
(1) Attendant. The attendant or caretaker shall be in charge at all
times to keep the park, its facilities and equipment in a clean,
orderly and sanitary condition.
(2) Owner Answerable. The owner shall be answerable for the
violation of any provision of these Regulations.
(3) Refuse Handling. The storage, collection, and disposal of refuse in
a recreational vehicle park shall be so arranged as to not create
health hazards, rodent harborage, insect breeding areas, accident or
fire hazards, or air pollution. All refuse shall be disposed of at
either a municipal or County designated landfill site, at minimum
once per week. See Section 4 -410.0 Wildlife Proof Refuse
Container/Dumpster Enclosure Standards. (am3112102)
(4) Pest Control. Grounds, buildings and structures shall be
maintained free of insect and rodent harborage and infestation.
Extermination methods and other measures to control insects land
rodents shall conform with the requirements of the County
Environmental Health Office and the Department of Colorado
Public Health and Environment.
(5) Pet Control. The owners or managers of a recreational vehicle
park, or all owners or persons in charge of any dog, cat, or other pet
animal shall have such animal on a leash, not exceeding ten (10)
feet or shall confine such animals within the space or designated
areas within the park, and shall not permit such animal to commit
any nuisance. Animals are restricted to household pets only.
6. Minor Recreational Vehicle Parks. A minor recreational vehicle park shall be
limited to supplying parking spaces for travel trailers, camper vehicles and/or tent
camping on sites of a minimum one (1) acre and a maximum of five (5) acres.
Individual hook -ups for water, sewer and electric are not required for each camping
space. Rather, water and sanitation facilities will be provided within common
areas in close proximity to each camping space. Occupancy in a minor
recreational vehicle park shall not exceed 14 consecutive nights. (orig 3112102)
a. Limits. A Minor Recreation Vehicle Park shall:
(1) Contain sites for no more than five (5) recreation vehicles per acre
with a maximum of five (5) acres or as otherwise approved through
the Special Use Permit review process.
(2) Permit individual recreational vehicles to remain in the Minor
Recreation Vehicle Park no more than 14 consecutive nights.
33
C / 1
b. Site Improvements.
(1) Access. The park shall have access to a public road.
(2) Drainage. The park shall be located on a well - drained site, that is
graded or drained and is free from stagnant pools of water.
(3) Landscaping. The site plan shall include a landscaping plan
prepared in accordance with Section 4 -220 Landscape Plan
C. Standards.
(1) Minor Recreation Vehicle Parks shall not be required to conform to
Section 3- 310.Y.5., Standards For Major Recreational Vehicle
Parks or Additions to an Existing Park except that:
(a) Minor Recreation Vehicle Parks shall conform to Section 3-
310.Y.5.a., Site Improvements above, except that the
minimum area shall be one (1) acre, and;
(b) Minor Recreation Vehicle Parks shall conform to Section 3-
310.Y.5.b.(11) Water Stations, and;
(c) Minor Recreation Vehicle Parks shall conform to Section 3-
310.Y.51 (3) Required CommLu i Sanitary Facilities, and
(d) Minor Recreation Vehicle Parks shall conform to Sections
3- 310.Y.5.g., Supervision
7. Application Procedures for Mobile Home and Recreational Vehicle Parks. A
Special Use Permit, issued pursuant to Section 5 -250, Special Uses is required to
establish a mobile home or recreational vehicle park or for additions to existing
parks.
New Section 3- 310.Aa.
Aa. Tree Storage. Use is limited to open storage of trees or plant materials only.
(orig 3112102)
1. Sales. There shall be no retail sales of trees on the property. All tree sales must
occur off the property at such businesses as a greenhouse or nursery. Trees may
not be picked -up at tree storage location by client.
2. Advertisement. Tree Storage areas shall not be advertised, nor advertise the
business for which the trees are being stored.
34
C,
3. Operation. Operation of noise producing equipment shall be limited to 8am until
sunset, Monday through Saturday.
4. Nuisance. The land owner /operator shall ensure minimal noise, dust and garbage.
Dead materials must be promptly removed.
5. Proof of Adequate Water. Proof of adequate and legal water to be used for
irrigation purposes must be provided with application..
Section 3 -340 Zone District Dimensional Limitations
To be added:
Section 3 -340.5 and 6
Page 3 -55
(e) Survey. If a proposed building, or any part thereof, is to be situated
within 18 inches from the setback line, the Community
Development Director may require a location survey to be
submitted prior to scheduling a framing inspection. (orig 3112102)
(f) ` Stream Setbacks. In all zone districts, a 50 foot strip of land
measured horizontally from the high water mark on each side of
any live stream, or the 100 year floodplain, whichever provides the
greater separation from the live stream, shall be protected in its
natural state with the exception of, including but not limited to:
Footpaths, bridges, fences, irrigation structures, pump houses, flood
control and bank stabilization devices may be constructed thereon.
If necessary to protect the stream, additional width may be required.
PUD zoned areas shall also comply with this standard unless either
granted a Variance by the Zoning Board of Adjustment or a
variation has been granted by the Board of County Commissioners.
There shall be no projections into either a 100 year flood plain or
stream setback. (orig 3112102)
35
Accessory Dwelling
N
N
N
L'
L'
L'
I L
L
R
N
Sec. 3 -310 A
Cluster Development Option A
N
N
L
L
L
L
L
L
S
N
Sec. 3 -310 B
Cluster Development Option B
N
S
S
S
S
S
S
S
N
N
Sec. 3 -310 B
Customary 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-Family Dwelling
R
R
R
R
R
R
R
R
R
S
Time Share and Fractional Fee Estates
I N
S
S
N
N
N
N
N
N
N
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
Group 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 Fa¢t1►es, i9f�htirs antl inshu #iuitil
Airport, Landing Strip, Utility or Air Carrier
N
N
N
N
N
N
N
N
S
N
Sec. 3 -310 G
Cemetery
N
N
N
N
N
S
S
S
S
N
Church
L
L
L
S
S
S
S
S
S
N
Community 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 -310 H
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
Helistop
N
N
N
N
N
N
S
S
S
N
Library
N
R
R
R
R
R
R
R
R
N
Major New Domestic Water or Wastewater Systems, major
extensions of such systems, and municipal and industrial
water projects
S
S
S
S
S
S
S
S
S
S
Sec. 3 -310 I
S
S
S
S
S
S
S
S
S
S
Sec. 3 -310 H
Natural Gas Transmission Line
36
Agriculture and Customary Accessory Agricultural Buildings
N
N
N
N
I R
R I
R
I R
R7
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 Stora e
N
N
N
N
N
L
L
L
L
N
Sec. 3 -310 Aa
Resort /Recreahan /Arir►sement Uses ...
Campground
N
N
N
N
L
L
L
L
L
N
Drive -in Theater
N
N
N
N
S
S
S
N
N
N
Golf 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
Seca 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; Day or 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
R e
N
Ski Area
N
N
N
N
N
N
S
S
S
S"
Sorts Complex
N
N
N
N
N
S
S I
S I
S
N
Sorts Shooting Range
N
N
N
N
S
S
S
S
S
N
Tem ;ura Uses ...
Temporary Building or Use
N
S
S
S
S
S
S
S
S
N
Sec. 3 -310 W
Temporary Housing
N
L
L
L
L
L
L
L
L
N
Sec. 3 -310 X
37
W
TALE «3f1
GOMMEI21rI �1.:47�ID 1NT ST fkL; Z(� II RTC I15E H)?D ............
<. ............::.
..;s IQV/ELt: ....
.::.:. ;.;:? 3'::::::::::::::
:
lis a <:::
<;:::..:::::.;:..:.
::::..:/
.::;:..::
4"a ::
>;:. a.o-;;;:.. >:.:
:.,I:.::,:.:.:.G.:.::
a >:.; .:;:.:.;:;,•.
.::.::. �:.
,.:::::::#dttYx] :.;•::::..
OW 6 ::._ .'.CCt:::.::::.. .;:.
S at Re : iew .N:::...
Retail uses; l: r staiiit, I'rsiital 8eri!jces. and: (Wces. ..:
Adult Entertainment Uses
N
S
S
S
Sec. 3 -330 H
Agricultural Equipment, Su lies and Materials Store
L
R
R
L
Appliance Sales
R
R
N
R
Appliance Service or Repair
L
R
N
S
Art Gallery
R
R
N
R
Auto Service Station and Repair Garage'
S
S
R
S
Auto and Vehicle Parts Store
R
R
N
R
Bank
R
R
N
R
Barber or Beauty Shop
R
R
N
R
Book, Music or Video Store
R
R
N
R
Car Wash
R
R
R
L
Clothing or Dry Goods Store
R
R
N
R
Computer Sales Store
R
R
N
R
Computer Service
R
R
R
R
Drive-Through Facility
S
S
N
S
Sec. 3 -330 A
Farmers Market
R
R
S
R
Feed Store
R
R
N
R
Food or Beverage Store or Bakery
R
R
N
R
Furniture Store
R
R
N
R
Garden Supply and Plant Materials Store /Greenhouse/Nurse
R
R
R
R
Sec. 3 -330 B
Tree Storage
R
R
R
R
Sec. 3- 310.Aa
Hardware Store
R
R
N
R
Indoor Amusement, Recreation or Theater
R
R
N
R
Laundromat
R
R
N
R
Laundry or Dry Cleaning Pick-Up Station
R
R
N
R
Medical or Dental Clinic, including acupuncture
R
R
N
R
Mortuary
R
R
N
R
Office, Business or Professional
R
R
N
R
Personal Adomment/Tattoo Parlor
R
R
N
R
Pharmacy
R
R
N
R
Photogra Studio
R
R
N
R
Print Shop or Publishing
R
R
N
R
W
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3 -340. ZONE DISTRICT DIlVIENSIONAL LBITrATIONS
Notes:
1. Minimum lot area per use may be further restricted if an individual sewage disposal system is proposed.
For standards see Section 4 -690, Sanitary Sewage Disposal Standards
2. Maximum lot coverage and maximum floor area may be further restricted by other standards of these
Regulations, including slope development standards. Provided no residential lot shall be so restricted by
minimum lot area per use or maximum floor area ratio limitations that it cannot be occupied by a single -
family dwelling containing no more than fifteen hundred (1,500) square feet of floor area.
3. A 50 foot strip of land or the 100 year floodplain, whichever is the greater distance, measured horizontally
from the high water mark on each side of any live stream shall be protected in its natural state with the
exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices
may be constructed thereon. If necessary to protect the stream, additional width may be required.
Underground utilities may be located in such protected area providing there is no practical alternative
location for such utilities, that the plans are approved by the County Commissioners as a Special Use, and
that all construction scars are revegetated.
4. Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and spires,
domes, cupolas, towers, antennas intended as an accessory use, and similar non - inhabitable building
appurtenances may exceed the maximum height limitations of the underlying zone district by not more than
thirty (30) percent.
5. A Fulford Parcel is two (2) or more continuous lots, under common ownership as of January 1, 1988, as
recorded in the office of the Eagle County Clerk and Recorder. The interior lot lines of two (2) or more
contiguous lots under common ownership shall not be used to determine setback requirements.
6. Floor area and setback limitations notwithstanding, a single ownership lot in existence as of January 1,
1988, and as recorded in the office of the Eagle County Clerk and Recorder, shall be permitted to contain a
single - family residential unit containing up to one thousand (1,000) square feet of floor area, provided the
maximum lot coverage of buildings shall not exceed twenty -five (25) percent of lot area.
7. Considering only the net area of developable land.
8. Density shall not exceed twelve (12) dwelling units per acre of net developable land.
9. Effective density may be reduced by other standards of these Regulations, including the slope development
standards.
10. Minimum lot area maybe reduced for a Cluster Development; see Section 3 -310 B, Cluster Developmen
11. A combination of compatible uses may be considered as a single use.
12. Or such smaller area as may have been legally created prior the adoption of subdivision regulations by Eagle
County on April 6, 1964.
13. Accessory buildings, excluding garages, shall not be larger than eight hundred -fifty (850) square feet. The
floor area of the accessory building shall count toward the property's maximum floor area (if the accessory
building contains habitable space) and lot coverage calculations. Its location shall comply with all
applicable setback standards and it shall comply with the applicable height restrictions of the underlying
zone district. (orig 3112102)
M
Article 4- Site Development Standards
Article 4 Site Development Standards
Table of Contents
Page 4 -1
ARTICLE 4
SITE DEVELOPMENT STANDARDS
(am 3112102)
TABLE OF CONTENTS
DIVISION 4- 6IMPROVEMENTS STANDARDS
PAGE
Section 4 -600
Purpose ......... .. ..... ............................... .. ...... 4 -77
Section 4 -610
Applicability .............. ......... .. .... ............ . ....
4 -77
Section 4 -620
Roadway Standards ......... .... .... .. .......................... ...
4 -77
Section 4 -630
Sidewalk and Trail Standards ....................... ..... .........
4 -109
Section 4 -640
Irrigation System Standards .......... .................. .........
4 -110
Section 4 -650
Drainage Standards .......................... ...... ......... ..
4 -L l
Section 4 -660
Excavation and Grading Standards .......................................
4 ?9-
Section 4 -665
Erosion Control Standards .............. ...............................
4 -113
Section 4 -410 Wildlife Protection
Section 4- 410.A; C.1 -6;
Page 4 -35
A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to minimize the
negative impact of humans on wildlife and their habitat increases. The purpose of the Wildlife Protection.
Section is to protect and maintain wildlife in Eagle County and minimize the risk of dangerous interaction
between humans and wildlife. This is done through the development review process whereby potential
wildlife habitat is identified and appropriate avoidance, minimization and/or impact mitigation techniques
are suggested that will sufficiently protect the wildlife species and their habitats. (am 3112102)
B. Wildlife Analysis.
1. Applicability. The provisions of this Section may apply to any application for a Special
Use Permit, Subdivision or Planned Unit Development (PUD). (am 3112102)
2. Procedure for Wildlife Analysis. An applicant for development that is subject to the
provisions of this Section 4 -410.13 Wildlife Analysis, shall submit a Wildlife Analysis as
part of the application. The purpose of the Wildlife Analysis is to identify the location of
wildlife habitat or migration routes, determine potential impacts of development, and
identify appropriate avoidance, minimization, and/or impact mitigation techniques. The
County encourages the assistance of competent professional technicians at this stage of the
planning process. (am 3112102)
3. Referral to Colorado Division of Wildlife. As part of the review of the application, the
Community Development Director, shall refer to the Colorado Division of Wildlife
M
(CDOW) all ap nations as identified in Section 4410.B Applicability_ . Referral of Final
Plat applications will be at the discretion of the Community Development Director. (am
3/12/02)
4. Review by CDOW. CDOW will be requested to review the application and determine
whether there is potential impact to wildlife habitat or migration routes. During their
review, CDOW should take into consideration potential impacts to the following:
a. Elk Migration Corridors and Patterns
b. Elk Production Areas
C. Elk Severe Winter Ranges and Winter Concentration Areas
d. Mule Deer Staging Areas and Migration Corridors
e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration Areas
L Bighorn Sheep Migration Patterns
g. Bighorn Sheep Winter Concentration Areas
h. Bighorn Sheep Production Areas
i. Bald Eagle Roost Sites
j. Golden Eagle Nest Sites
k. Peregrine Falcon Nest Sites
1. Sage Grouse Production Area
M. Lynx Occupied Habitat.
n. Other pertinent wildlife habitat or activity areas. (am 3112102)
5. Recommendation By CDOW. Considering the potential impact to wildlife, the CDOW
shall review the application, including the Wildlife Analysis, and make recommendations
pertaining to important habitat or migration routes of wildlife species which may be affected
by the proposed development. The recommendation shall identify appropriate avoidance,
minimiza and/or impact mitigation techniques. (am 3112102)
6. Consideration. The County shall consider the content of the Wildlife Analysis and the
recommendations of the CDOW during the development review process. (am 3112102)
C. Wildlife Proof Refuse Container/Dumpster Enclosure Standards (orig 3112102)
1. Applicability. The provisions of this Section shall apply to any application for a Special
Use Permit, Subdivision or Planned Unit Development (PUD). The provisions of this
Section may apply entirely or in part to the application for a Limited Review at the
discretion of the Community Development Director.
2. Definitions.
43
a. Wildlife" y undomesticated animal including ot limited to elk deer, sheep
g n P�
lynx, skunks, squirrels, bears, raccoons, coyotes, mountain lions, bobcats an d foxes.
b. Wildlife Proof Refuse Container - a fiilly enclosed container constructed of non -
pliable material to prevent access by wildlife and meets the standards of these Land
Use Regulations. A dumpster, or similar trash receptacle of heavy construction may
be a Wildlife proof Refuse Container.
C. Wildlife Proof Dumpster Enclosure — a fully enclosed structure consisting of four
sides and a roof or cover of sufficient design and construction to prevent access by
wildlife. The door or cover must have a latching mechanism, the sides of the
structure must extend to within two inches of the ground, and ventilation openings
must be covered with a heavy gauge steel mesh or other material of sufficient
strength to prevent access by. wildlife. Wildlife Proof Dumpster Enclosures are
subject to all building codes and planning and zoning requirements.
d. Wildlife Resistant Refuse Container - a fully enclosed container that can be
constructed of pliable materials but, must be reinforced to deter access by wildlife.
3. General Requirements.
a. Refuse Container Design. All refuse containers, regardless of size that receive
food wastes shall be either a Wildlife Proof Refuse Container as recommended by
the Division of Wildlife (All Refuse Haulers will be issued a list of recommended
refuse containers created by the county with direct input by the Division of Wildlife.
This list will be kept on record at the Eagle County Building), or a Wildlife
Resistant Refuse Container which is stored within a building, house, garage, or
approved Wildlife Proof Dumpster Enclosure. The lid must fit tightly and have a
latching mechanism resistant to animal access. Any refuse container and/or
dumpster which has been compromised by wildlife shall be replaced within 14 days.
b. Dumpster Design. All dumpsters, regardless of size, that receive food waste shall
be of a design that is Wildlife Proof, with drain holes no greater than one (1) inch in
diameter. Dumpster lids must have a closure mechanism and/or a latching device
and be approved by the Division of Wildlife, or their designee. All lids must:
(1) fully enclose (cover) the dumpster opening;
(2) have edges that fit flush (not turned up or bent);
(3) have closure mechanisms which will withstand opening by an animal and
will remain closed when on their side or upside down;
(4) have acceptable latching devices, such as cables, bars and/or handles and
must lock into place with a pin or other mechanism; and
(5) be constructed to withstand the weight of a full grown bear (approximately
450 pounds).
C. Outdoor Compactor Design. Compactors must be Wildlife Proof. No trash may
be exposed and doors must be kept closed except when loading or removing refuse.
d. Centralized or Clustered Refuse Containers. Mobile home parks, housing
developments, homeowners associations and other types of clustered residential
housing are required to use centralized dumpsters, located in a Wildlife Proof
Dumpster Enclosure unless it can be clearly demonstrated that it would not be
practical. If it is deemed impractical, the standards for individual Wildlife Proof
Refuse Containers will still apply.
44
e. Time Limit. Refuse for curb -side pick up stored within Wildlife Resistant Refuse
Containers shall only be allowed to remain outdoors from dawn to dusk on the day
of trash pick up only. Refuse for curbside pickup stored within Wildlife Proof
Refuse Containers or Wildlife Proof Dumpster Enclosures may remain by the
curbside indefinitely. Refuse containers which do not meet the standards of Section
4- 410.C.3 "General Requirements," are not allowed.
Section 4 -220 Landscape Plan
Sections 4- 4220.A.1
Page 4 -12
SECTION 4 -220. LANDSCAPE PLAN
A. Landscape Plan Required. A landscape plan, prepared by a qualified person, shall be submitted
for review as part of an application for development within Eagle County, except that development
specifically exempted in Section 4 -210, Applicability The landscape plan shall address the
following types of issues:
1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a
proposed residential subdivision or PUD is intended to address issues such as where and
what type of trees and other landscaping will be placed, how common areas will be treated,
how areas graded or otherwise disturbed during development will be re- vegetated, and
similar concerns. It is not anticipated that landscaping for individual residential lots will be
addressed in the landscape plan. Regulations governing Public Rights of Way and specified
clear zones, pursuant to Chapter 5 -30.01 and Article 4- 230.A.9.a of these Land Use
Regulations, must be applied. (am3112102)
Section 4 -230 Landscaping Design Standards and Materials
Section 4 -230. La.
Page 4 -14
SECTION 4 -230. LANDSCAPING DESIGN STANDARDS AND MATERIALS
A. Landscaping Standards Applicable to All Development.
1. Location of Required Landscaping.
a. Multi- Family, Commercial and Industrial Development. All portions of lots in
residential zones containing multifamily dwellings and all portions of lots in the
Commercial Limited (CL), Commercial General (CG) and Industrial (1) zone
districts not covered by impervious materials shall be landscaped. Landscaping
shall also be installed to effectively buffer proposed commercial or industrial uses
from surrounding residential uses and to provide a landscaped buffer along collector
and arterial streets. Regulations governing Public Rights of Way and specified clear
45
zones, -.Jivant to Chapter 5- 30.01 and Article 4 .-J A.9.a of these Land Use
Regulations, must be applied. (am3112102)
Section 4 -460 Environmental Impact Report
Section 4 -620.K and K.3
Page 4 -85
K. Structures. The developer shall be responsible to have all bridges, culverts, retaining walls,
borings, tunnels or other structures within the proposed development designed by a Professional
Engineer, licensed in the State of Colorado, and shall be responsible to have said structures
constructed, reconstructed or repaired through the two year warranty period in the Subdivision
Improvements Agreement as defined in Section 5- 280.B.5.e. The engineer shall provide
certification, upon completion of any such structures, that it meets the minimum requirements for
the intended use, traffic loading and soils conditions prior to acceptance of the public improvements
by Eagle County. All such structures shall meet the following minimum standards: (am 3112102)
1. Strength. Structures shall be of sufficient strength to accommodate an AASHTO HS -20
loading.
2. Pedestrian Facilities. Facilities for pedestrians, bicyclists or equestrians shall be provided
if the structure traverses a roadway. The facilities shall have a width equal to the traveled
way, plus four (4) feet and shall include walkways and handrails.
3. Hydraulic Capacity of Drainage Structures. Drainage structures include, but are not
limited to, bridges, pipe culverts, box culverts, channels, ditches, gutters, spillways, inlets,
drains, orifices, gates, chutes, dams, levees, dikes, sills, ponds,.basins, bays, drops, weirs,
sluices, flumes, siphons, and energy dissipaters: Drainage structures that convey the flow of
named streams, as shown on the United States Geological Survey, 7.5 minute topographic,
1:24,000 scale, Primary Map Series, and in the list in Appendix E, shall be designed with a
hydraulic capacity to pass the one hundred (100) year flow. Drainage structures conveying
the flow of lesser streams, or other sources of storm water at collector, commercial, or
industrial roads, shall be designed to pass the fifty (50) year flow. Drainage structures .
conveying the flow of lesser streams, or other sources of storm water at all other roads, shall
be designed to pass the twenty -five (25) year flow.
(am3112102)
Section 4 -620 Roadway Standards
To be inserted
Section 4- 620.B.1
Page 4 -54
B. Consistency With Other Standards. These Roadway Standards are generally consistent with the
recommendations of the American Association of State Highway and Transportation Officials
( AASHTO) and those of the Institute of Transportation Engineers (ITE). These standards also
reflect the guidelines and recommendations of the Colorado Department of Transportation
(CDOT), Transportation Research Board (TRB), United States Forest Service (USFS), National
Park Service (NPS), Bureau of Land Management (BLM), Manual on Uniform Traffic Control
Devices (MUTCD), and others. If there is a difference in the standards set forth in this Division
and those referenced in any manual referenced in this Division, then the standards set forth in this
Division shall govern.
46
1. Conformance Zal Colorado Highway Commission Stixidards. C.R.S. § 43 -2 -114
states that the general standards for county primary roads shall be those adopted by the
Transportation Commission for the state highway system for the corresponding class of
county road in the state highway system. The Colorado Highway Commission adopted and
approved said standards by Resolution No. 2297 -D on June 20, 1991. The 1991 Standard
Specifications for Road and Bridge Construction identified in that Resolution incorporates
the 1990 Roadway Design Manual published by CDOT, and also incorporates the
geometric design standards of AASHTO. The County road improvement standards that are
contained herein are intended to be in conformance with AASHTO.
a. All guardrail that is to be constructed within Eagle County rights of way must
conform to the current Colorado Department of Transportation Standards and
Specifications for Road and Bridge Design and the Standard Plans M &S Standards.
(orig 3112102)
b. U.S. Department of Transportation Federal Highway Administration Metric
Standard Steel Backed Guardrail Type A and B, designated as M617 -60 and M617-
61, may be installed on roads which are maintained by private entities, such as
metro districts. (orig 3112102)
Section 4 -650 Drainage Standards
Section 4- 650.B.1.b
Page 4 -89
B. Standards. Stormwater runoff from all proposed development shall be managed so as to comply
with the following standards. Other techniques, not specifically identified, may be considered for
implementation subject to the approval of Eagle County.
1. No Direct Discharge. Stormwater discharge shall comply with one (1) of the following
management options:
a. Vegetated Surface. Sheetflow across at least one hundred (100) feet of stable,
vegetated surface prior to discharge to any natural water body, or flow in one
hundred (100) feet of non - erosive grass channels;
b. On Site Treatment. On -site treatment of stormwater by use of best management
practices designed to detain and infiltrate the runoff and approved as part of the
Stormwater Control Plan prior to discharge to any natural water body; or
(am 3112102)
C. Structure. Discharge to a stormwater conveyance structure, designed to
accommodate the projected additional flows from the proposed project, with
treatment by a stormwater treatment facility prior to discharge into any natural water
body.
Section 4 -650 Drainage Standards
47
New Section 4- 650.B.4
Page 4-
4. Conveyance of 100 -year Storm Flow. All applications for any land development listed in
Section 4- 650.A.2. Applicability, shall include design provisions for the overland
conveyance of the post development 100 -year storm flows through the site without damage
to any public or private property. (orig 3112102)
Section 4 -650 Drainage Standards
Section 4 -650.0
Page 4 -90
C. Stormwater Control Plan. An applicant for any development listed in Section 4 =650 A.2.,
AQblicability shall submit a stormwater control plan prepared by a qualified professional. The plan
shall contain the applicable information as listed in Section 4 -665 C., Erosion and Sediment
Control Plan, and the following additional information:
(am 3112102)
Currently Section 4 -660 Grading and Erosion Control Standards
To be inserted
Section 4- 660 - all
Page 4 -91
SECTION 4 -660 EXCAVATION AND GRADING STANDARDS (orig 3112102)
A. Purpose and Applicability
1. Purpose. The purpose of these requirements is to safeguard life, limb, property and the
public welfare by regulating grading on private property.
2. Applicability. No person shall do any grading without first having obtained a grading
permit or an exemption from a grading permit from the Eagle County Engineer.
3. Excavation and Grading Standards
a. Application. The excavation and grading standards shall be as contained in the
current edition of the Uniform Building Code Appendix Chapter 33. The current
edition will be as specified in Section 3.02 Application of Chapter III of the Eagle
County Land Use Regulations also known as the Building Resolution..
b. Amendments. The standards shall also include amendments to the current edition
of the Uniform Building Code as contained in Section 3.05 of the Building
Resolution. (am 3112102)
48
Currently Section 4 -660 Gradi -wand Erosion Control Standards y�
New Section # 4 -665
Page?
SECTION 4 -665 EROSION CONTROL STANDARDS (am 3112102)
A. Purpose and Applicability.
1. Purpose. Siltation of rivers and other water bodies is a leading cause of water quality
impairment in rivers and lakes. The purpose of these requirements is to minimi the water
quality impacts resulting from land development and other land disturbing activities.
2. Applicability. This section shall apply to any disturbance within one hundred (100) feet of
a stream, all residential development disturbing more than one -half (1/2) acre, all
commercial and industrial development, and all proposed subdivisions and PUD's.
B. Erosion Control Standards. The applicant shall minimi erosion of soils from a site that is being
developed by complying with the following standards.
1. Phase Construction. Construction activities, such as clearing, grading, road construction,
and utilities installation shall be phased to minimiz soil exposure. Sediment trapping
practices and stream and other water body protection shall be installed and stabilized before
site grading or other construction is initiated.
2. Soil Stabilization. All disturbed areas and soil stockpiles shall be surface roughened,
mulched, or seeded and mulched, or otherwise protected from erosive forces if they will
remain exposed and inactive for periods longer than fourteen (14) days, or if soil will be
exposed during winter, so erosion will not occurring during spring snow melt. Disturbed
areas shall be mulched, or seeded and mulched within seven (7) days after final grade is
reached. Grass or straw mulch shall be crimped in place. On slopes steeper than twenty
(20) percent, or within fifty (50) feet of any water body, exposed soils shall be
hydromulched or covered with nets or mats.
3. Permanent Revegetation. Any disturbed area that is not built upon for one (1) year or
longer shall be revegetated with a perennial, native grass mix. Within one growing season
of project completion, vegetative site coverage shall be equal to or greater than seventy (70)
percent of the disturbed areas.
4. Cut and Fill Slopes. Where cut and fill cannot be avoided, slopes shall be designed for
long term stability. Permanent vegetation should be used as the preferred approach to
stabilization of cut and fill areas where slopes are less than or equal to three to one (3:1).
On steeper cut and fill slopes, stabilization maybe attained by utilizing retaining walls, rock
walls, up slope runoff diversions, slope drains or other measures appropriate for the specific
situation. Step retaining walls shall be positioned such that the width of the step is half the
height of the wall. Retaining walls over four (4) feet in height shall be designed by a
professional engineer. Revegetation of the steps is required. In no case shall the soil
surface of a cut and fill slope remain exposed without an approved method of soil
stabilization.
..
5. Construction in °r Adjacent to a Water er Body. Construction in or directly adjacent to any
water body, such as culvert or bridge installation, shall require bed and bank stabilization.
This may include stream isolation through the use of coffer dams, complete containment of
the stream in the area of the disturbance, stream crossing structures, or limits on the dates
when in- stream work can be performed.
6. Channels and Ditches. New or re- routed irrigation ditches, receiving channels and streams
shall be protected so that flows from the site do not cause erosion and flooding.
7. Stormwater Runoff. Stormwater runoff flows shall be managed to minimize erosion and
sediment transport. Concentrated flows shall be diverted away from disturbed slopes. The
length and steepness of disturbed slopes shall be minimiz or slope drains shall be used.
S. Sediment and Mud Control. Sediment and mud shall be prevented from leaving the
construction site by immediate placement of street base or construction of mud pads in
access routes. Mud pads shall be at least fifty (50) feet in length and comprised of angular
rock and/or a wheel washing facility. Adjacent properties shall be protected by using
sediment fences, straw bales, and silt traps. Storm sewer inlets shall be protected from entry
of sediment -laden water.
9. Sediment Detention. When the contributing drainage area, including off -site area, is
greater than five (5) acres, sediment detention ponds, infiltration devices, and other
management practices which store or detain runoff shall be used to treat sediment -
containing runoff prior to discharge from the construction site. These practices shall be
designed to treat the runoff from the two (2) year, twenty -four (24) hour storm. Sediment
detention ponds, when included, shall be designed to achieve ninety (90) percent trap
efficiency for all sediments of .005 mm or larger diameter. If the discharge from the pond is
passed through a filtration (i.e. a constructed wetland) or infiltration device, the trap
efficiency requirements may be reduced. Where the contributing drainage area is less than
five (5) acres, a specific engineered design for these sediment trapping facilities shall not be
required. Silt traps may be used to detain and treat runoff if the contributing drainage area
is less than five (5) acres.
10. Temporary Sediment Ponds. Temporary sediment ponds that will be removed after
successful revegetation of the site shall be designed to safely detain and release all storms
up to and including the twenty -five (25) year, twenty -four (24) hour storm at its historic,
pre - development rate of release. Ponds that will be left as permanent facilities shall have a
capacity to safely pass the one hundred (100) year flood and meet any dam and
requirements of the State Engineer.
11. Construction De- Watering. All construction de- watering activities shall conform with the
State's construction de- watering permit requirements, which include daily monitoring of
total suspended solids with a thirty (30) day average concentration of no more than thirty
(30) mg/1 and a seven (7) day average of no more than forty-five (45) mg/l. Discharges
from construction de- watering operations shall be accomplished in a manner that does not
cause erosion.
12. Inspection and Maintenance. The applicant shall inspect all erosion and sediment control
devices after any precipitation event during construction, and make any necessary repairs
immediately thereafter. At a minim erosion and sediment control devices shall be
inspected monthly. An inspection log shall be kept on -site for review by County officials
until the project is complete. A copy of the inspection log sheets shall be delivered to the
County at the end of each month during construction.
50
fi .
C. Erosion and Sediment utrol Plan. An applicant for any deveYt, listed in Section 4-
665.A.2., Applicability shall submit an erosion and sediment control plan prepared by a qualified
professional. The plan shall contain the following information:
1. Existing Features. Location of all existing and proposed structures and hydrologic features
on the site, including intermittent water features, wetlands and the one hundred (100) year
flood plain and all drainage structures or natural features on the land adjacent to the site and
within a minimum of one hundred (100) feet of the site boundary line. The map must show
the locations of street gutters, storm sewers, drainage channels, other water conveyance
structures, wetlands or other waters receiving storm runoff from the site.
2. Topography. Existing and proposed topography at reasonable contour intervals, to provide
necessary detail of the site. Existing and proposed areas of fifteen (15) to thirty (30) percent
and greater than thirty (30) percent slope shall be identified. The map should extend a
minimum of one hundred (100) feet beyond the property line and show the location of the
property line. The map should show elevations, dimensions, location, extent and slope of
all proposed grading including building site and driveway grades and the boundary limits of
clearing and grading.
3. Plans.. Plans of all drainage features, paved areas, retaining walls, cribbing, planting,
temporary or permanent soil erosion control measures, or other features to be constructed in
connection with or as part of the proposed development. As applicable, design drawings of
sediment controls, temporary diversions, and practices used shall be provided. A brief
description, including specifications, shall also be provided of how the site will be stabilized
after construction is completed.
4. Storage Areas. The location of storage areas designated for equipment, fuel, lubricants,
chemical and waste storage. Details on spill containment structures shall be provided where
storage of these materials is planned. The location of soil stockpiles and snow storage areas
shall also be shown, along with the location of any temporary roads designed for use during
construction period.
5. Construction Schedule. The plan shall describe the expected starting and completion
dates of the site grading and/or construction, including the installation and removal time
periods of erosion and sediment control measures, and the duration of exposure of each area
prior to the completion of temporary erosion and sediment control measures.
6. Calculations. Any calculations made for determining rainfall, runoff, sizing any sediment
basins, diversions, conveyance or detention/retention facilities.
7. NPDES Permit. Evidence of compliance with state and federal requirements to obtain a
National Pollutant Discharge Elimination System (NPDES) permit for construction sites
disturbing five (5) acres or more.
Section 4 -710 Road Impact Fees
Section 4- 710.E. La
E. Imposition of Fee.
1. Time of Fee Obligation and Payment.
a. After the effective date of this Regulation, upon the Commencement of
Traffic- Generating Development within unincorporated areas of the county, a road
51
impact �ee�, pursuant to the terms of this Regulation, shall be imposed on each Lot
(or other portion) of the development. The amount of the fee shall be determined
and paid to the Impact Fee Administrator at the time of issuance of a building permit
for the development, or other associated actions of Eagle County having the effect
of permitting the development of land. The obligation to pay the impact fee shall
run with the land, and, therefore, the unpaid obligation to pay fees passes with title
for purposes of these regulations. No building permit will be issued until all fees
due hereunder with respect to the Lot which is the subject of the building permit
application have been paid in M. If any credits are due pursuant to Section
4- 710.11, Credits, they shall also be determined at that time. The fee shall be
computed separately for the amount of construction activity covered by the permit,
if the building permit is for less than the entire development. If the fee is imposed
for a Traffic- Generating Development that increases traffic impact because of a
change in use, the fee shall be determined by computing the difference in the fee
schedule between the new Traffic - Generating Development and the existing
Traffic- Generating Development. The obligation to pay the impact fee shall run
with the land. (am3112102)
Article 5- Administration
Section 5 -210 Provisions of General Applicability
Section 5- 210.E.1,2,3
Page 5 -19.
E. Notice of public hearings. All applications for development permits requiring public hearings,
unless otherwise noted, shall follow the provisions of this subsection with regard to public notice
and the conduct of such public hearings. The Community Development Director shall be
responsible for: (1) placing notice in the newspaper; (2) mailing notice to adjoining landowners;
and (3) furnishing a copy of the sign to the applicant. The applicant shall be responsible for: (1)
providing the Community Development Director with a list of adjacent landowners from the most
recent County ad valorem tax rolls; (2) paying for the costs of publishing notice and mailing notice;
(3) posting the sign(s) on the property; and (4) submitting an affidavit that notice was properly
posted on the property.
(am 9127199, 3112102)
1. Notice in newspaper. All applications; except for Final Plats, Amended Final Plats,
Subdivision Exemptions, Minor Type B Subdivisions, and Limited Review Applications,
shall be advertised in the legal notice section of an official County newspaper. Notice of an
application for amendments to the text of these Land Use Regulations and the Zoning
District Map and all development permits requiring a public hearing except those for
Subdivision shall be published no less than fourteen (14) calendar days prior to the date of
the first public hearing. Notice of an application for a Sketch Plan or Preliminary Plan for
Subdivision shall be published a minimum of twenty -one (21) days before the Planning
Commission public hearing and thirty (30) days before the Board of County
Commissioner's public hearing. In the event the Planning Commission tables a file beyond
the original Board of County Commissioners published hearing date, the file must be re-
advertised a minimum of 15 days prior to the reestablished Board of County Commissioners
hearing unless the Board of County Commissioners tables the file to a date certain.
(am3112102)
52
G
Notices shall con °yam the following information.
a. Type of application. The type of application sought: i.e. amendment to the
Official Zone District Map, amendment to the text of these Land Use Regulations,
Planned Unit Development (PUD) District, Special Use Permit, Variance Permit or
Subdivision.
b. Description of action. A short description of the proposed action requested.
C. Location of land. The common street address and part of the County (name of
community, where applicable) of the land subject to the application, a general legal
description of the land, and a description of the area (size) of the land.
d. Location, date, time. The location, address, date, and time of the public hearing.
e. Where information may be obtained. Information on where the full details of the
application may be obtained including, if it is a proposed amendment to the Official
Zone District Map or the text of these Land Use Regulations, the place where the
text or the map may be examined.
2. Mailed notice. A notice containing all the information required under Section 5- 210.E.I .,
Notice in Newspaper, shall be sent by mail, first -class postage prepaid, to all landowners of
the land subject to the application and all adjacent landowners of the land subject to the
application no less than fifteen (15) calendar days prior to the public hearing. All
applications, except for Minor Type B Subdivisions involving the subdivision of
condominiums, townhomes and duplexes, shall comply with this section. (am 3112102)
3. Posted notice. All lands subject to a public hearing except for Minor Type B Subdivisions
involving the subdivision of condominiums, townhomes and duplexes, and Limited Review
Applications, shall be posted with at least one (1) notice (a sign) of the public hearing at
least fifteen (15) calendar days prior to the public hearing. The dimensions of the sign(s)
shall be a minimum of two (2) feet by three (3) feet. The sign(s) shall state the type of
application sought for the land, the Eagle County file name, and number, and that more
detailed information is available about the application in the Community Development
Department. Signs are available in the Department of Community Development during
regular business hours. (am 3112102)
The sign(s) shall be set back no more than twenty -five (25) feet from the street, and shall be
erected in full view of the public on each street side of the land subject to the application.
Where the land does not have frontage on a public or private street, the sign(s) shall be
erected on the nearest street right -of -way with an attached notation indicating generally the
direction and distance to the land subject to the application. The materials to which the
sign(s) is affixed shall be sturdy and waterproof or shall have a waterproof covering.
The posting of such sign(s) will be the responsibility of the applicant, and applicant shall
make every reasonable effort to maintain a sign upon the property for the duration of the
posting period. Prior to public hearing , the applicant will provide a sworn certification that
such notice was posted on the property in accordance with these guidelines, and that
property has remained so posted for the required number of days prior to the public hearing.
The sign(s) shall be removed after the decision is rendered on the application. The failure
of any such posted notice to remain in place after the notice has been properly posted,
without the applicant's knowledge and despite applicant's reasonable efforts to maintain the
sign(s), shall not be deemed a failure to comply with the standards, or be grounds to
challenge the validity of any decision made on the application. (am 9127199)
53
Section 5- 240 Planned Unit Development (PUD) District
Section 5- 240.1
Page 5 -47
m. Amendment to Preliminary Plan for PUD.. No substantial modification,
removal, or release of the provisions of the plan shall be permitted except upon a
finding by the County, following a public hearing called and held in accordance
with the provisions of section 24- 67- 104(1)(e) Colorado Revised Statutes that: (am
3112102)
(1) Modification. The modification, removal, or release is consistent with the
efficient development and preservation of the entire Planned Unit
Development; (am 3112102)
(2) Adjacent Properties. The PUD Amendment does not effect, in a
substantially adverse manner, either the enjoyment of land abutting upon or
across a street from the Planned Unit Development or the public interest;
(am 3112102)
(3) Benefit. The PUD Amendment is not granted solely to confer, a special
benefit upon any person. (am 3112102)
In addition to the above requirements a Preliminary Plan for PUD may be
amended, extended, varied or altered only pursuant to the standards and
procedures established for its original approval.
(4) Standards. PUD Amendments shall address the standards Pursuant to
Section 5- 240.F.3.e. Applicant shall also provide a copy of the PUD Guide
clearly demonstrating what amendments are to be made. (am 3112102)
(5) Notification. The applicant shall provide pre - addressed, stamped envelopes
for every property owner in the PUD, as well as for all adjacent property
owners. The applicant shall also comply with Section 5- 210.E. (am
3/12102)
Section 5 -240 Planned Unit Development (PUD) District
To be inserted
Section 5 -240.G Planned Unit Development (PUD) District
Page 5 -50
G. Applicability of PUD
1. Other. Except as expressly provided otherwise in a particular Planned Unit Development
Guide, all development of property shall conform to the Eagle County Land Use
Regulations. If the PUD falls silent concerning a particular standard, restriction, etc, but the
Eagle County Land Use Regulations are not, the Eagle County Land Use Regulations shall
be the controlling document. If the PUD conflicts with the Eagle County Land Use
Regulations, the PUD shall rule. (orig 3112102)
54
C
Section 5 -270 Subdivision Exemption
Section 5- 270.A.2
Page 5 -60
2. Adequate ac cess, adequate potable water, and adequate sewaLye treatment facilities are
available. Adequate access, adequate potable water, and adequate sewage treatment
facilities are available. (am 9127199) At the discretion of the County Engineer, pre - existing
access may be exempt from current driveway standards until the use of the access increases
due to either a change, or intensity in use. (am 3112102)
Section 5 -280 Subdivision
Section 5- 280.13.4.a(2)(p)and (s)
Page 5 -69
(p) Erosion Control Standards pursuant to Section 4 -665; (am m2/02)
(s) Street Plan and Profiles - Roads shall be designed in accordance with Section 4 -620
of these Regulations. Plan views and centerline profile shall be plotted at a
horizontal scale of 1 inch to 5 feet on sheets supplemental to the drainage plan.
These plans and profiles (etc.) (am 3112102)
Section 5 -280 Subdivision
Section 5- 280.B.5.c.
Page 5 -78
C. Recording. After the Final Plat for Subdivision is approved by the Board and all required
conditions related to the Final Plat are satisfactorily addressed, the original mylar drawing shall be
recorded. Failure of the applicant to record the Final Plat and Subdivision Agreement within one
hundred and eighty (180) days of its approval shall render the Final Plat for Subdivision, and
Subdivision Agreement invalid. (am 3112102)
Section 5 -290 Minor Subdivision
Sections 5- 290.C.5.
Page 5 -83 and 5 -84
5. Other. If required within a PUD the Community Development Certificate may also be
required to be on the Plat. (orig 3112102)
55
Section 5 -290 Minor Subdivision
Sections 5- 290.C.5. and G.La -g; G.2
Page 5 -84?
G. Standards. The Board of County Commissioners and the Community Development Director shall
consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
Amended Final Plat.
1. Standards for Type A Subdivision. (orig 3112102)
a. Consistent with Master Plan. The proposed subdivision shall be consistent with
the Eagle County Master Plan and the FLUM of the Master Plan;
b. Consistent with Land Use Regulations. The proposed subdivision shall comply
with all of the standards of this Section and all other provisions of these Land Use
Regulations, including, but not limited to, the applicable standards of Article 3,
Zone Districts and Article 4, Site Development Standards
C. Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and
designed to avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public facilities, or
result in a "leapfrog" pattern of development.
(1) Utility and Road Extensions. Proposed utility extensions shall be
consistent with the utility's service plan or shall require prior County
approval of an amendment to the service plan. Proposed road extensions
shall be consistent with the Eagle County Road Capital Improvements
Plan
(2) Serve Ultimate Population. Utility lines shall be sized to serve the planned
ultimate population of the service area in order to both avoid future land
disruption, and the necessity of upgrading under -sized lines.
(3) Coordinate Utility Extensions. Generally, utility extensions shall only be
allowed when the entire range of necessary facilities can be provided, rather
than incrementally extending a single service into an otherwise un -served
area.
d. Suitability for Development. The property proposed to be subdivided shall be
suitable for development, considering its topography, environmental resources and
natural or man-made hazards that may affect the potential development of the
property, and existing and probable future public improvements to the area.
e. Compatible With Surrounding Uses. The proposed subdivision shall be
compatible with the character of existing land uses in the area and shall not
adversely affect the future development of the surrounding area.
f. Improvements Agreements. The adequacy of the proposed Improvements
Agreement, where applicable.
g. Conformance with Final Plat Requirements. Its conformance with the Final Plat
requirements and other applicable regulations, policies, standards, and guidelines
56
2. Standards for Type B Subdivision. (am 3112102)
A. Access, Water and Sewage. The adequacy of access, potable water, and sewage
disposal on the land to be subdivided;
b. Conformance with Final Plat Requirements. Its conformance with the Final Plat
requirements and other applicable regulations, policies, standards, and guidelines;
and
C. Improvements Agreements. The adequacy of the proposed Improvements
` Agreement, where applicable.
Section 5 -2100 Certificate of Zoning Compliance
Section 5- 2100.D.2.
Page 5 -87
D. Procedure.
1. Initiation. An application for a Certificate of Zoning Compliance shall only be submitted
by the owner, or any other person having a recognizable interest in the land, or their
authorized agent.
2. Submission of application. An application for a Certificate of Zoning Compliance shall be
submitted to the Community Development Director.
(am 3112102)
Section 5 -2500 Vested Property Rights
Section 5- 2500.C.1.
Page 5 -95/6
C. Duration and termination.
1. Duration. A vested property right as defined in this Subsection shall be deemed effective
as of the date the Board of County Commissioners approves the site specific development
plan, and shall remain effective for a period of three (3) years. This vesting period shall not
be extended by any amendments to a site specific development plan, unless expressly
authorized by the Board of County Commissioners. Such approval shall be subject to all
rights of judicial review; except that the period of time permitted by law for the exercise of
such rights shall not begin to run until the date of publication of a notice advising the
general public of the approval. Publication shall be done by the Eagle County Department
of Community Development. (am 9127199, 3112102)
57
Section 5 -2600 Temporary Re ;lions }'
Section 5 -2600
Page 5 -97
SECTION 5 -2600. TEMPORARY REGULATIONS
The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by
resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to
exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local
distribution, advertising a public hearing to discuss the matter at hand requiring the temporary regulation
and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to
exceed 6 months. The nature of the temporary regulation may prohibit or regulate, in any part or all of the
unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction,
reconstruction or alteration of any building or structure used or to be used for any business, residential,
industrial or commercial purpose. (am 3112102)
To be inserted
New: Section 5 -2700 Correction Plat
Page 5 -97
SECTION 5 -2700. CORRECTION PLAT (orig 3112102)
The Board of County Commissioners, without a hearing or compliance with any of the submission, referral
or review requirements in these Land Use Regulations, may approve a Correction Plat if the sole purpose of
such a correction plat is to correct one or more technical errors on a previously approved Plat, The
Correction Plat shall be consistent with an approved Preliminary Plan.
A. Correction Plat Requirements.
1. Certificates. The following certificates, found in Appendix A of these Land Use
Regulations, are required on the new and corrected Mylar:
County Commissioners' Certificate
2. Surveyor's Certificate
3. Clerk and Recorder Certificate
2. General Notes. Contained within the General Notes should be a purpose statement, the
name of the Plat that the Correction Plat supersedes, and any other notes which are pertinent
to the Correction Plat.
3. Mylars. All pages of the previously recorded Plat for which the Correction is being made,
must be submitted and titled CORRECTION PLAT.
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Article 6: NONCONFO
Section 6 -110 Non - Conforming Uses and Structures
To be inserted
Section 6 -110.J
Page 6 -2
J. Conforming Use in a Nonconforming Structure. Conforming uses within a nonconforming structure
may change as long as the use does not increase the nonconformity of that structure. Uses must be
allowable pursuant to Article 3, Zone Districts (am 3112102)
Section 6 -120 Nonconforming Lots of Record
Section 6 -120. A.1, 2; and B.2
Page 6 -3
SECTION 6 -120 NONCONFORMING LOTS OF RECORD
A. General. Where a legal lot of record has an area or frontage that does not conform to the standards of these
Land Use Regulations, but it was a legal lot of record on January 1, 1999, the effective date of these Land
Use Regulations, such lot or parcel of land may be developed, provided it is not a contiguous lot under
common ownership as defined in Section 6- 120.B., Contiguous Parcels Under Single Ownership and the
minimum yard standards for the zone district in which it is located are met or a variance from these
standards is obtained pursuant to Section 5 -260, Variances
(am 9/27/99)
1. Uses By Right. In all instances, and except for a contiguous lot under single ownership, this
Section shall be interpreted to allow one (1) single family dwelling unit to be located on a
nonconforming legal lot of record, and in the Resource (R) Zone District only, to allow a
nonconforming legal lot of record to maintain those agricultural uses that are allowed uses in that
zone district. New single family dwelling units shall comply with any and all standards of these
Land Use Regulations. (am 3112102)
2. Additional Uses. In all zone districts, except for the Fulford Historical (FH) and Backcountry (BC)
zone districts, this Section shall be interpreted to allow the owner of a nonconforming lot of record
to apply, pursuant to Section 5 -250, Special Uses for any other use that is allowed, allowed by
limited review, or allowed by special review, for any use normally permitted in the applicable
underlying zone district (see Table 3 -300 Residential, Agricultural, and Resource Zone Districts
Use Schedule). All setbacks and zone standards must be adhered to, except that the uses approved
by the Board of County Commissioners may be allowed on lots which do not meet minimum lot
size for that zone district. (am 3112102)
W
Appendix A CI
Appendix A Certificates
Page 4
Title Certificate
does hereby certify that it has examined the Title to all lands shown
upon this Plat and that Title to such lands is vested in
free and clear of all liens, taxes and encumbrances, except as
follows:
Dated this day of , A.D., 20
AGENT
(am 3112102)
Chapter 5: Regulations for Construction in the Public WU of Eagle County
Chapter 5 Regulations for Construction in the Public Way of Eagle County
Page 5 -4
5.04.17 Public Way
Public Way shall mean and include all public easements, rights -of -way, and roads under the control
and jurisdiction of the County of Eagle, State of Colorado. A public way within the scope and
intent of these Regulations shall include, by way of example only, easements, rights -of -way, and
roads over private lands dedicated to public uses by deed, subdivision plat, or other legal document
to that effect, filed with the Eagle County Clerk and Recorder, when such dedication has been
accepted by the Board; easements, rights -of -way, and roads over private or other lands dedicated to
public uses by due process of law and not heretofore vacated by an order of the Board duly entered
of record in the proceedings of the Board; easements, rights -of -way, and roads over private lands
that have been used adversely without interruption or objection on the part of the owners of such
lands for twenty consecutive years, and of which the Board has overtly exerted some degree of
ownership control thereon; and easements, rights -of -way, and roads over the public domain,
whether agricultural or mineral, of which the Board by and through its overt actions has assumed
the responsibility and obligation for maintenance and control thereof. (am 3112102)
61
Chapter 6: Areas and Activi 4 State Interest
Chapter 6 Areas and Activities of State Interest
Permit Applications and Permits
Page 86
6.06.22 Application Procedures
1) The procedures concerning permit applications, notice and conduct of permit
hearings, review of Permit Authority decisions, and the issuance and content of
permits to engage in development in the Floodplain Hazard Areas shall comply with
the provisions set forth in Section 6.01 of the Administrative Regulations adopted
by the County of Eagle.
2) The Permit Authority hereby designates the County Engineer as the Floodplain
Management Administrator to assist in the implementation and administration of
these Floodplain Regulations. Duties of the Floodplain Management Administrator
shall include the following: (am 3112102)
C:f)
The following is a new append Chapter H of the Land Use Regnlatio
Appendix E
Named Streams
(brig 3112102)
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