HomeMy WebLinkAboutR14-002 Floodplain Overlay Zone District LUR Amendment 0X -1:1 -1M
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BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
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RESOLUTION NO.2014- U U,V :6. co
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EAGLE COUNTY FILE NO.LUR-4550 -0 .0. 0
EAGLE COUNTY LAND USE REGULATION AMENDMENT
FOR THE FLOODPLAIN OVERLAY ZONE DISTRICT
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 seq.,to plan for and regulate the use and development of land in the unincorporated territory of the
County of Eagle, State of Colorado, for the purpose of promoting the-health, safety, convenience, order,
prosperity, and welfare of the present and future inhabitants of the County of Eagle, and;
WHEREAS, Eagle County is experiencing high rates of population growth, increased population
density and increased environmental pressures as a result of land development within Eagle County, and;
WHEREAS, the construction of new developments within the County is placing significant
additional demands on the natural and human-made environment alike, and;
WHEREAS, the volume and pace of land development in the County threatens the natural
environmental attributes of Eagle County, and;
WHEREAS,the Board finds and determines that one of the primary roles of development review
is to ensure that changes in land use are awarded in such a manner that will promote and protect the
convenience, order,prosperity and welfare of present and future inhabitants and visitors of Eagle County,
and;
WHEREAS, at public hearings held on November 20, 2013, and November 21, 2013, the Eagle
County Planning Commission and the Roaring Fork Valley Regional Planning Commission (herein after
the "Planning Commissions"), considered amendments to the Eagle County Land Use Regulations as
contained herein and attached as Exhibit `A' (herein after "the amendments"), and, based upon their
findings,recommended approval of the amendments, and;
WHEREAS, at a public hearing held on December 31, 2013, the Board considered the
amendments; the statements of the Eagle County staff,other interested persons, and the recommendations
of the Planning Commissions, and;
WHEREAS,the Board finds and determines that the amendments are necessary and designed for
the purpose of promoting the health, safety, convenience, order,prosperity and welfare of the present and
future inhabitants of Eagle County and are consistent with the County's goals, policies and plans,
including the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado, that File No. LUR-4550 be APPROVED, and that the amendments
to the Eagle County Land Use Regulations are EFFECTIVE January 7,2014;
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 7th day of January, 2014.
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its BOARD OF COUNTY
.COMMISSIONERS
ATTEST: of EwGLF co.
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c.V.6.04 By: //So
Teak J. Simonton %mix* Sara J. Fisher, hairman
Clerk to the Board of
County Commissioners
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By:
Ji n H.Ryan, Commissioner
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BY: kitiA4.4 41. . . II I/&
athy i andler-Henry, Commis ioner
Commissioner x°'1--10 seconded adoption of the foregoing Resolution. The roll having been
called,the vote was as follows:
Commissioner Sara J. Fisher ✓�"' "
Commissioner Jillian H.Ryan
Commissioner Kathy Chandler-Henry �^ "
This Resolution passed by / vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
EXHIBIT A Page Al of 63
EXHIBIT A
Proposed Amendments to the Land Use Regulations
Name #of Pages
Title Page 1
Article 2—Definitions 30
Article 3—Zone Districts 28
Article 5—Administration 4
Total Pages 63
Note: The above articles consist of only pages that have proposed changes. Pages with no
changes have been omitted for brevity.
EXHIBIT A Page A2 of 63
ARTICLE 2
DEFINITIONS - EAGLE COUNTY
LAND USE REGULATIONS EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page A3 of 63
ARTICLE 2: DEFINITIONS TABLE OF CONTENTS
ARTICLE 2
DEFINITIONS
TABLE OF CONTENTS
PAGE
Section 2-100. Purpose 2-1
Section 2-110. Definitions 2-1
LAND USE REGULATIONS 2-i EAGLE COUNTY,COLORADO
Article 2
i
EXHIBIT A Page A4 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
ARTICLE 2
DEFINITIONS
SECTION -100. PURPOSE
The purpose f this Article is to define words,terms and phrases contained within these Land Use Regulations.
SECTION -110. DEFINITIONS
The following words shall have the following meanings when used in these Regulations.
100-YEAR FLOOD means a flood having a recurrence interval that has a one-percent chance of being
equaled or e ceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year
flood" and "*ne percent chance flood" are synonymous with the term "100-year flood." The term does not
imply that the flood will necessarily happen once every one hundred years.
100-YEAR FLOODPLAIN means the area of land susceptible to being inundated as a result of the
occurrence of a one-hundred-year flood.
500-YEAR FLOOD means a flood having a recurrence interval that has a 0.2-percent chance of being equaled
or exceeded Ouring any given year(0.2-percent-chance-annual-flood).The term does not imply that the flood
will necessarily happen once every five hundred years.
500-YEAR FLOODPLAIN means the area of land susceptible to being inundated as a result of the
occurrence or a five-hundred-year flood.
ACCESS means the place,means or way by which pedestrians and vehicles obtain usable ingress and egress to
a property,ufie or parking space. All required means of access shall comply with the applicable standards of
these Land Use Regulations.
ACCESSORY BUILDING means a building located on the same lot as the principal building to which it is
accessory thit is clearly incidental, subordinate, secondary and devoted which is customarily found in
conjunction with the principal building. See separate definition of garage. Accessory buildings,excluding
garages and agricultural buildings shall not be larger than eight-hundred-fifty (850) square feet (see also
definitions fc r`garage' and `agricultural building') (am. 11/08/05)
ACCESSORY DWELLING UNIT means a dwelling unit that is accessory and subordinate to the principal
use of the property that has been designed and intended for occupancy by the caretaker of said property,
persons who live and work in Eagle County,or relatives and guests of the occupants of the principal use of the
property. An accessory dwelling unit contains a kitchen facility separate from the principal use(see definition
for`kitchen facility'). Accessory dwelling units shall meet the criteria stated in Article 3,Section 3-310.A et.
seq.)(am. 11/08/05)
ACCESSORY USE means a use located or conducted upon the same lot as the principal use to which it is
accessory that is clearly incidental,subordinate,secondary and devoted to the principal use,and is customarily
found in conjunction with the principal use. For example,gardens,recreational activities and raising of pets
LAND USE REGULATIONS 2-1 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page A5 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
are accessory uses customarily found in conjunction with residential uses. An accessory use shall not be a use
that is designated in the use schedule as being prohibited in the zone district in which it is located.
ADDITION means any activity that expands the footprint or increases the square footage of an existing
structure.
ADJACENT PROPERTY, as used for the purposes of meeting public notice requirements as set forth in
these regulations,means the property touching any part of the property which is the subject of the application.
If an adjacent property is a public road, trail, or right-of-way, railroad right-of-way, stream, or river, the
adjacent property shall also be the property on the opposite side of it.
(am 09/27/99)
ADULT ENTERTAINMENT USE means an establishment consisting of, or having the characteristics of,
any or all of the following:
1. Adult Bookstore means an establishment having a substantial or significant portion of stock-
in-trade books,magazines,publications,tapes,or films that are distinguished or characterized
by their emphasis on matter depicting,describing,or relating to sexual activities or anatomical
genital areas.
2. Adult Club or Cabaret means an establishment devoted to adult entertainment,either with
or without a liquor license,presenting material distinguished or characterized by an emphasis
on matter depicting,describing,or relating to sexual activities or anatomical genital areas or
which features topless or nude dancers, strippers or similar entertainers for observation by
patrons.
3. Adult Motion Picture Theatre means an enclosed building used for presenting motion
pictures or audio-visual displays distinguished or characterized by an emphasis on matter
depicting,describing, or relating to sexual activities or anatomical genital areas.
AGRICULTURAL BUILDING means a structure designed and constructed to house farm implements,hay,
grain,poultry,livestock or other horticultural products. This structure shall not be a place of human habitation.
AGRICULTURE means farm or ranch uses,as defined in 39-1-102 C.R.S.,including buildings for shelter of
farm or ranch animals or property primarily employed in any of the above uses. An agricultural use may
include those activities necessary to operate the agricultural business, however, processing of agricultural
products shall only be permitted when allowed in the underlying zone district and when specifically approved
for the subject property.
AIRCRAFT LANDING STRIP means a private facility for accommodation and servicing of aircraft.
AIRPORT means a public facility for accommodation and servicing of aircraft.
1. UTILITY AIRPORT means a basic or general utility airport, as defined by the Federal
Aviation Agency.
2. AIR CARRIER AIRPORT means an air carrier airport,as defined by the Federal Aviation
Agency.
LAND USE REGULATIONS 2-2 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page A6 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
ALLEY means a public right-of-way providing secondary access to a property that is not intended for general
travel.
ALLUVIAL.FAN FLOODING means a fan-shaped sediment deposit formed by a stream that flows from a
steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream.Alluvial
fans contain,active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are
predominantly formed by alluvial deposits and are modified by infrequent sheet flood,channel avulsions and
other strea processes.
APPEAL ans a request for a review of the County's interpretation of any provisions of this regulation. (am
01/04/05)
APPURTE ANT FACILITY means any building,structure or other property that is clearly incidental to and
customarily found in connection with major facilities of public utilities,including,but not limited to metering
stations,storage buildings,fences and compressor stations.
AQUATIC ECOSYSTEMS means rivers, streams,lakes,ponds, springs and seeps.
AREAS AND ACTIVITIES OF STATE INTEREST means those areas and activities which the State of
Colorado has authorized local governments to designate from the following list:
1. Areas of State Interest as Determined by Local Government.
a. Mineral resource areas;
b. Natural hazard areas;
(1) Floodplains
(2) Wildfire hazard areas
(3) Geologic hazard areas
c. Areas containing, or having a significant impact upon historical, natural, or
archaeological resources of statewide importance; and
d. Areas around key facilities in which development may have a material effect upon
the key facility or the surrounding community.
2. Activities of State Interest as Determined by Local Government.
a. Site selection and construction of major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment
systems;
b. Site selection and development of solid waste disposal sites except those sites
specified in Section 25-11-203(1),C.R.S. 1973,and except sites designated pursuant
to Part 3 of Article 11 of Title 25, C.R.S. 1973;
c. Site selection of airports;
LAND USE REGULATIONS 2-3 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page A7 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
d. Site selection of rapid or mass transit terminals,stations,and fixed guideways;
e. Site selection of arterial highways and interchanges and collector highways;
f. Site selection and construction of major facilities of public utility;
g. Site selection and development of new communities;
h. Efficient utilization of municipal and industrial water projects; and
i. Conduct of nuclear detonations.
AREA OF SHALLOW FLOODING means a designated Zone AO or AH on a community's Flood Insurance
Rate Map(FIRM)with a one percent chance or greater annual chance of flooding to an average depth of one to
three feet where a clearly defined channel does not exist,where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREAS OF SPECIAL FLOOD HAZARD means the land in the floodplain within a community subject to
one percent or greater chance of flooding in any given year. (am 01/04/05)
ATTIC means that part of a building that is immediately below and wholly or partly within the roof framing.
An attic that is less than five(5)feet in height shall be considered non-habitable.
AVALANCHE HAZARD AREA means an area where a mass of snow or ice and other material that may get
incorporated therein moves rapidly down a mountain slope with a predictable recurring frequency over time
and at a predictable impact pressure.
BALD EAGLE ROOST SITE means a perch or resting place for the bald eagle that offers ease of access and
good visibility for foraging. Bald eagle roost sites are located in tall trees with perches within riparian areas,
and are used winter after winter by bald eagles.
BASE FLOOD means a flood having a one percent(1%)chance of being equaled or exceeded in any given
year. (am 01/04/05)
- crican Vertical
Datum of 1988 as referenced onood Inst+ra ice Reaps. (am 01101/05)
BASE FLOOD ELEVATION(BFE)means the elevation shown on a FEMA Flood Insurance Rate Map for
Zones AE,AH,Al-A30,AR,AR/A,AR/AE,AR/Al-A30,AR/AH,AR/AO,V1-V30,and VE that indicates
the water surface elevation resulting from a flood that has a onepercent chance of equaling or exceeding that
level in any given year.
BASEMENT means any floor level that is six(6)feet or more below grade for more than fifty(50)percent of
the building.
LAND USE REGULATIONS 2-4 EAGLE COUNTY,COLORADO
Article 2
i
EXHIBIT A Page A8 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
BASEMENT(Floodplain Overlay Zone District Defmitiona)—means any area of a building having its floor
below ground level on all sides.
BED AND BREAKFAST means a dwelling unit in which overnight accommodations and a morning meal are
provided only to guests of the facility for compensation.
BERM means a mound of earth used to screen or separate one area from another to reduce visual,noise and
similar imp. ts. Berm may also mean the act of pushing earth into a mound (see also Landscape Berm).
(am.05/16/06)
BIGHORN SHEEP MIGRATION PATTERNS means the routes bighorn sheep use to migrate between
summer ran;es and winter ranges.
BIGHORN.HEEP PRODUCTION AREAS means those lands on which pregnant female bighorn sheep
give birth t. their young in the mid to late spring. Bighorn sheep production areas are undisturbed areas
inhabited by 1 emale bighorn sheep that contain free-flowing water and sufficient food. These areas also offer
good hiding over by providing an ample understory of low-lying vegetation and by being closely associated
with steep t: air and rocky ledges.
BIGHORN SHEEP WINTER CONCENTRATION AREAS means those areas in Eagle County that
because oft eir slope, aspect, elevation and vegetation, including cover, are capable of providing bighorn
sheep suffic -nt food and cover(habitat)to survive the most difficult winter months of average winters. In
Eagle Coun ,, densities of bighorn sheep in winter concentration areas are twice as great as those in winter
ranges in the average five(5)winters out of ten(10).
BOARD m::ns the Board of County Commissioners of Eagle County,Colorado.
BOARDING STABLE means a structure designed for the feeding, housing and exercising of horses not
owned by th owner of the premises and for which the owner receives compensation.
BUILDING means any structure used for shelter or enclosure of persons, animals or property. A building
shall compl with the Building Resolution, as adopted by Eagle County. A building used for shelter or
enclosure of.ersons shall be one(1)of the following:
1. CONVENTIONAL BUILDING means a building constructed or erected on the lot or
building site in a conventional manner using individually assembled or unassembled building
materials that shall be less than the entire building or major portion thereof.
2. MODULAR,PREFABRICATED OR FACTORY-BUILT BUILDING means a building
erected on the lot or building site using prefabricated or preassembled component building
parts that shall comprise the entire building or major portion thereof.
BUILDING ENVELOPE means that portion of a lot within which all buildings are confined. A specified
Building En elope does not alter setbacks.
BUILDING FRONT means a measurement of the horizontal distance,made at the structural foundation or
building line at finished grade, of that building elevation that most closely parallels the front lot line.
a Definitions znnotated "Floodplain Overlay Zone District Definition"apply for Section 3-350 only.
LAND USE REGULATIONS 2-5 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page A9 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
BUILDING,TEMPORARY means any building or structure for which the location,occupancy or use shall
not exceed six(6)months,unless the duration of its location,occupancy or use has been otherwise limited,
pursuant to Section 5-250, Special Uses.
CAMPER VEHICLE OR CAMPER TRAILER means any vehicle or portable structure constructed to be
transported on or towed behind a vehicle and designed to permit temporary occupancy. It shall be considered
self-contained if it includes a toilet and a bath or shower.
CAMPGROUND means an establishment that provides overnight or short term sites for two(2)or more tents
or camper vehicles for recreation,education or vacation purposes. Continuous occupancy of a campground by
a person for a period of in excess of two(2)weeks shall be prohibited.
CARETAKER means a person who is not the owner of the land but who is employed by the owner to
maintain the land and structures on it.
CEMETERY means property used for the interring of the dead. A cemetery may include a mausoleum,
mortuary or similar related uses.
CENTRAL COLLECTION OF SEWAGE means the transmission of all liquid wastes from five(5)or more
residential,commercial and/or other sources to an adequate facility for primary,secondary or tertiary treatment,
and appropriate reutilization or disposal.
CHANGE IN CIRCUMSTANCES OR CONDITIONS means that the land uses,public facility capacity,or
environmental and/or wildlife characteristics impacting or surrounding a development proposed in an
application for development permit have changed in such a way that it would influence,or have an affect on,
the consideration of the application.
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CHANNEL means the physical confine of stream or waterway consisting of a bed and stream banks,existing
in a variety of geometries.
CHANNELIZATION means the artificial creation, enlargement or realignment of a stream channel.
CHURCH means a building or group of buildings that by design are primarily intended for conducting
organized religious services and associated accessory uses.
LAND USE REGULATIONS 2-11 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page Al 0 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
COMMISSION means either the Eagle County Planning Commission,a Regional Planning Commission,or
both,depending on the context in which the term appears in these Regulations.
1. Eagle County Planning Commission. Eagle County Planning Commission means the
countywide planning commission established pursuant to C.R.S. 30-28-103(1).
2. Regional Planning Commission. Regional planning commission means a commission
established by any municipality within the borders of Eagle County or by the Board of County
Commissioners,pursuant to C.R.S. 30-28-105(1).
COMMON AREAS means areas associated with commercial or multiple family buildings that are intended
for public g.thering, such as lobbies,lounges, entries,patios,decks, etc.
COMMUN TY BUILDING means a building owned or operated by a governmental agency or a non-profit
community Organization for the purpose(s)of holding an event which is of civic or public benefit.
COMMUNITY CENTER means those lands in unincorporated Eagle County that are established and
recognized s being residential and commercial activity centers or that have been designated on the Future
Land Use M p(FLUM)of the Eagle County Master Plan as being appropriate to become such activity centers.
COMPOS means microbiologically degraded organic matter in de-watered sludge under aerobic conditions
resulting in stable humus-like material.
COMPOS FACILITY means a site where compost is processed.
COMPRE ENSIVE(MASTER)PLAN means a compendium of reports,charts,graphs,drawings,maps or
plans as may be adopted,or any portion thereof or any amendment thereto,that set forth recommendations and
policies for guiding future growth and development,while providing for the public's health,safety and general
welfare. The Eagle County Comprehensive Plan,adopted by the Eagle County Planning Commission is the
officially ads pted comprehensive plan for Eagle County,and fulfills the statutory requirements of C.R.S.30-
28-106.The agle County Comprehensive Plan also incorporates community and sub area plans adopted for
particular are as of the County and functional plans, such those addressing particular issues of concern to the
County(trai ., open space,housing,etc.). (orig. 11/08/05)
COMPRE ENSIVE SIGN PLAN means a plan indicating the size,height,text,color and location of the
signs that each business will be allowed to display;including directory signs,building identification signs and
any informat onal signs and displays. A sign application for any single sign in a multi-use building or lot shall
conform to t e approved comprehensive sign plan for that building or lot(i.e.,color,location,material,etc.).
CONDITI• AL LETTER OF MAP REVISION (CLOMR) means FEMA's comment on a proposed
project,whi does not revise an effective floodplain map that would,upon construction,affect the hydrologic
or hydraulic haracteristics of a flooding source and thus result in the modification of the existing regulatory
floodplain.
CONDOMI IUM SUBDIVISION means a subdivision in which the interests created are separate fee simple
estates, in in ividual air space units of a multi-unit property,together with undivided fee simple interests in
common ele ents as defined in Section 38-33-101 et seq.,C.R.S. 1973, as amended.
LAND USE REGULATIONS 2-13 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page All of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
CONSTRUCTION AND DEMOLITION DEBRIS FACILITY means a discrete area of land or an
excavation that is designated for the final disposal of solid waste,such as lumber,bricks,concrete,sheetrock
and similar materials that result from the construction or demolition of a building or structure.
CONTIGUOUS means sharing a common border at more than a single point of intersection and in such a
manner that the shared boundaries are touching. Lands that are separated by a right-of-way that is dedicated in
fee simple shall not be considered to be contiguous. Lands that touch at points of intersection shall also not be
considered to be contiguous.
CONTRACTOR'S STORAGE YARD means a parcel of land,or portion thereof,used for the purpose(s)of
storing construction materials,equipment,vehicles or machinery,that are not, or will not be used on said
parcel. The materials, equipment, vehicles or machinery may be stored within a building or shall be
surrounded on all sides by a fence,wall,landscaping in combination with fencing,or other opaque screen of at
least six(6)feet in height.
COUNTY means Eagle County,Colorado.
CRAWL SPACE means an area on the lowest level of a structure that shall have a ceiling height of less than
five(5)feet,measured from the surface of the earth or floor system to the underside of the structural members
of the floor directly above.
CRITICAL FACILITY means a structure or related infrastructure,but not the land on which it is situated,as
specified in section 3-350.M, that if flooded may result in significant hazards to public health and safety or
interrupt essential services and operations for the community at any time before,during and after a flood. See
section 3-350.M.
CRITICAL FLOODPLAIN FEATURE means an integral and readily identifiable part of a flood protection
system without which the flood protection provided by the entire system would be compromised. (am 01/04/05)
CRITICAL WILDLIFE HABITAT means(1)migration patterns and corridors,winter concentration areas,
severe winter ranges,and production areas of elk,(2)migration corridors,staging areas,winter concentration
areas,severe winter ranges and winter ranges of mule deer,(3)migration patterns,winter concentration areas
and production areas of bighorn sheep, (4)roost sites of bald eagles,(5)nest sites of golden eagles, (6)nest
sites of peregrine falcons, (7)production areas of sage grouse, and(8)occupied habitat of lynx.
CUSTOMARY ACCESSORY RESIDENTIAL USES means buildings for shelter or enclosure of property
or domestic animals commonly associated with residential uses,fences,and hedges,gardens,walls and similar
landscape features.
DAY CARE CENTER means a residence or facility that provides regular care and supervision,for an entire
day or a portion of a day,for seven(7)or more children who are not related to the owner,operator or manager
thereof,whether such facility is operated with or without compensation for such care. A day care center shall
comply with all applicable standards for child care centers of the Colorado Department of Social Services.
DAY CARE HOME means a residence or facility that provides regular care and supervision,for an entire day
or a portion of a day,for more than two(2)but not more than six(6)children from birth to sixteen(16)years
of age who are not related to the owner,operator or manager thereof,whether such facility is operated with or
without compensation for such care. Care also may be provided for no more than two(2)additional children
LAND USE REGULATIONS 2-15 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page Al 2 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
of school age attending full-day school. Residents of the home under twelve(12)years of age who are on the
premises and all children on the premises for supervision are counted against the approved capacity. A day
care home s all comply with all applicable standards for child care centers of the Colorado Department of
Social Servi s.
DEBRIS F means areas of possible recurrent flooding, debris flows and hydrocompaction.
DEBRIS F FLOODPLAIN means a floodplain located on triangular-shaped landform formed by
deposition o water-transported rock fragments,soil and other debris where a tributary stream flows onto the
floor of a lar er trunk stream valley. (am 01/04/05)
DEPARTMENT means the Eagle County Department of Community Development.
DESIGNATVD FLOODPLAIN means the area designated as a floodplain by official action of the Board of
County Commissioners with the prior concurrence of the Colorado Water Conservation Board as prescribed by
statute. (am 01/04/05)
DEVELOP BLE LAND means net land available for building or other development which is free from
natural water bodies or the 100-year floodplain. (am. 01/04/05)
DEVELOPIR means a legal or beneficial owner of any land proposed for inclusion in a development,
including a lgssee, optionee, or contract purchaser.
DEVELOP ENT means any of the following activities that require some form of development permit
pursuant to t ese Land Use Regulations: 1)the subdivision of a parcel of land into two(2)or more lots or
divisions; 2) he construction, reconstruction, conversion, expansion, or structural alteration, relocation, or
enlargement of any buildings,structures,or accessory structure;3)any use or change in use of any buildings,
land, or water; 4) any clearing, grading or other movement of land of a nature or dimension; 5)any mining,
dredging, filling, grading, paving, excavating, piling channel rectification, road or bridge construction, of
drilling operations, or storage of equipment or materials for more than six(6)months. (am 01/04/05)
DEVELOPMENT PERMIT means an amendment to the Zoning District Map, a Conceptual/Preliminary
Plan for PUD, a Sketch Plan/Preliminary Plan for Subdivision, a Final Plat for Subdivision, a Special Use
Permit,a Variance Permit, a Certificate of Zoning Compliance, a Building Permit,Floodplain Permit or any
other official action of Eagle County having the effect of permitting the development of land. (am 01/04/05)
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) means a FEMA digital floodplain map. These
digital maps serve as "regulatory floodplain maps"for insurance and floodplain management purposes.
DISTRIBUT ION CENTER means an establishment engaged in the receipt,storage and distribution of goods,
products, cargo and materials, including trans-shipment by motor vehicles,rail, air or boat.
DRY WASH CHANNEL means natural passageways or depressions of perceptible extent containing
intermittent flow. (am 01/04/05)
DRY WASH FLOODPLAIN means an area subject to sudden overflow of floodwater or flood borne debris
from a dry wash channel. (am 01/04/05)
LAND USE REGULATIONS 2-16 EAGLE COUNTY,COLORADO
Article 2
EXHIBIT A Page Al 3 of 63
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
1. Single-Family Dwelling means a free-standing, detached building containing a single
dwelling unit.
2. Duplex Dwelling means a building containing two(2)dwelling units connected by a common
wall shared by the units,as further defined in the illustration on the prior page and by separate
definition in this section„neither of which are multi-housekeeping-unit dwelling units.(see
definition for Multi-Housekeeping-Unit Dwelling Unit).
3. Multi-Family Dwelling means a building containing three(3)or more dwelling units,none of
which are multi-housekeeping-unit dwelling units. Multifamily dwellings include but are not
limited to condominiums,townhomes and apartments.
4. Multi-Housekeeping-Unit Dwelling means a building containing one (1) or more multi-
housekeeping-unit dwelling units. (am. 11/08/05)
EASEMENT means a conveyance or reservation of an incident of ownership in real property for one(1)or
more specific purposes;public or private.
EDUCATIONAL FACILITY means public schools, non-public schools, colleges and universities,
proprietary schools and schools administered and operated by the State. The following definitions shall apply
to the various types of educational facilities:
1. PUBLIC SCHOOLS means those schools administered by legally organized school districts.
2. NON-PUBLIC SCHOOLS means all private, parochial and independent schools which
provide education for compulsory school age pupils comparable to that provided in the public
schools of the State.
3. COLLEGES OR UNIVERSITIES means such educational facilities under charter or
license from the State of Colorado.
4. PROPRIETARY FACILITIES means all privately owned and managed educational
facilities, which may include but not be limited to, art, church, business colleges, trade
schools, church camps,residential camps and day camps.
ELECTRIC POWER GENERATION FACILITY means any electric energy generating facility with
generating capacity of ten(10)megawatts or more,and any appurtenant facilities thereto.
ELECTRIC POWER TRANSMISSION LINE means any power line designed for or capable of the
transmission of sixty-nine(69)kilovolts of electricity or greater and which emanates from an electrical power
plant or electric substation and terminates at a substation.
ELEVATED BUILDING(Floodplain Overlay Zone District Definition')means a non-basement building
(i)built,in the case of a building in Zones A1-30,AE,A,A99,AO,AH,B,C,X,and D,to have the top of the
elevated floor above the ground level by means of pilings,columns(posts and piers),or shear walls parallel to
the flow of the water and(ii)adequately anchored so as not to impair the structural integrity of the building
a Definitions annotated "Floodplain Overlay Zone District Definition"apply for Section 3-350 only.
LAND USE REGULATIONS 2-18 EAGLE COUNTY,COLORADO
Article 2
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ARTICLE 2: DE*INITIONS 2-110.DEFINITIONS
during a flool of up to the magnitude of the base flood.In the case of Zones Al-30,AE,A,A99,AO,AH,B,
C, X, and "elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
ELK MIG TION PATTERNS AND CORRIDORS means the routes elk use to migrate between summer
ranges and sinter ranges.
ELK PRO CTION AREAS means those lands on which pregnant female elk give birth to their young in
the early spri g. Elk production areas are undisturbed areas inhabited by female elk that contain free-flowing
water, an am le understory of low-lying vegetation that provides good hiding cover, and sufficient food.
ELK SEVERE WINTER RANGES means those areas that because of their physical characteristics(such as
low elevation,minimum snowpack,or physical barriers either natural or man-made)provide elk sufficient food
and cover ( b,itat) during the most difficult months (where there is maximum snowpack or minimum
temperatures of the most severe winters(the worst two [2] winters out of ten [10]).
ELK WIN'I 'R CONCENTRATION AREAS means those areas that because of their slope, aspect,
elevation an vegetation,including cover, are capable of providing elk sufficient food and cover(habitat)to
survive the ost difficult winter months of average winters. In Eagle County, densities of elk in the winter
concentration areas are twice as great as those in surrounding winter ranges in the average five(5)winters out
of ten(10).
ENERGY ' , DE LINE means a line showing the total energy of the flow across a section with a reference
to a datum li I e. (am 01/04/05)
EQUIPME T, HEAVY means high-capacity mechanical devices for moving earth or other
materials, d mobile power units including but not limited to: carryalls, graders, front loaders,
dump truck, bulldozers, excavators, tractors, augers, concrete mixers, pump trucks, and similar
devices wi greater than two-and-a-half-ton (2.5 ton) gross vehicle weight rating.
EROSION 1 eans the detachment and movement of soil, rock fragments or ground surface as a
result of the movement of wind, water, ice, gravity and/or land disturbance activities. (prig. 05/01/07)
EXISTING ANUFACTURED HOME PARK OR SUBDIVISION Flood I lain Overla Zone District
Definitiona) eans a manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed(including,at a minimum,the installation
of utilities, t e construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION(Floodplain
Overlay Zone District Definition a)means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
EXPANSIVE SOILS AND ROCK means soil and rock that contains clay and expands or swells to a
significant degree upon wetting and shrinks upon drying.
1 a Definitions annotated "Floodplain Overlay Zone District Definition"apply for Section 3-350 only.
LAND USE REGULATIONS 2-19 EAGLE COUNTY,COLORADO
Article 2
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
EXTRACTION, see"Industrial Operations".
FABRICATION, see"Industrial Operations."
FAMILY means one(1)or more persons who occupy a single dwelling unit and act as a single housekeeping
unit, together with their customary household servants; or a group of not more than four (4) persons who
occupy a single dwelling unit and who do not act as a single housekeeping unit. In no event shall a family
occupying one dwelling unit exceed the size of one person for each 300 square feet of space in the living
quarters of the dwelling unit.
FARM/RANCH STAND means a structure for the display and sale of primarily raw farm or ranch products
produced principally upon the farm or ranch on which the stand is located.
FARMERS MARKET means one(1) or more structures for the display and sale of primarily raw farm or
ranch products,located at a site other than the farm or ranch at which the product was produced.
FEEDLOT means a closely confined and contained area for the commercial feeding of livestock,as contrasted
with grazing,pasturing or winter feeding of livestock.
FEMA means the Federal Emergency Management Agency, the agency responsible for administering the
National Flood Insurance Program. •-9 . , _9 . • _ - _. - -- - - - - ::-•. „lotion of
. . . - . , • - - - _ _ ...•- , :r(b)the unusual
and rapid accumulation or runoff of surface water fix any sewce. (am 01/01/05)
FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of
normally dry land areas from: 1)The overflow of water from channels and reservoir spillways;2)The unusual
and rapid accumulation or runoff of surface waters from any source;or 3)Mudslides or mudflows that occur
from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over
the surface of normally dry land areas(such as earth carried by a current of water and deposited along the path
of the current).
_e e • _ A . . . . -- -. _ _ _ .. : i from a flood.
FLOODPLAIN OR FLOOD-PRONE AREA means any land area susceptible to being inundated as the
result of a flood,including the area of land over which floodwater would flow from the spillway of a reservoir.
FLOODPLAIN ADMINISTRATOR means the community official designated by title to administer and
enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT means a permit required before construction or development
begins within any Special Flood Hazard Area(SFHA)or Flood Overlay Zone District.Permits are required to
ensure that proposed development projects meet the requirements of the NFIP and the Flood Overlay Zone
District.
FLOODPLAIN MANAGEMENT means the operation of an overall program of corrective and preventive
measures for reducing flood damage,including but not limited to emergency preparedness plans,flood control
works and floodplain management regulations.
LAND USE REGULATIONS 2-20 EAGLE COUNTY,COLORADO
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
FLOODPLAIN MANAGEMENT REGULATIONS means the Floodplain Overlay Zone District in Article
3, Section 3-,350 of these regulations. The term describes such state or local regulations,in any combination
thereof,which provide standards for the purpose of flood damage prevention and reduction.
FLOOD CONTROL STRUCTURE means a physical structure designed and built expressly or partially for
the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized
flood modif7ng works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING means any combination of structural and nonstructural additions, changes, or
adjustments 10 structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents. (am 01/04/05)•' --- - . . . , --- - -• •• •. • - . ::•:'• --- - .
the Roaring Ifork River. The floodway for the Roaring Fork River is defined as the stream channel plus any
FLOODWAY (REGULATORY FLOODWAY) means the channel of a river or other watercourse and
adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation or energy grade line more than a designated height. If the floodway is not
identified,it i,s considered to be identical to the floodplain.The designated height to be used for all existing and
newly studiegreaches shall be one-half foot(six inches).The designated height of the Roaring Fork River shall
be zero feet. owever, for all rivers, in no instance shall the floodway-flood fringe boundary be closer than
twenty-five(45)feet to the natural streambank.
FLOOD FRINGE means the low hazard area encompassing that area between the outer boundary of a
Floodway and the outer limit of the 100-year floodplain. (am 01/04/05)
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community. (am 01/04/05)
FLOOD INSURANCE STUDY (FIS) means the official report provided by the Federal Emergency
-- -- '- -
-- - -- - - - ----
FLOOD INSURANCE STUDY (FIS) means the official report provided by the Federal Emergency
Management,Agency.The report contains the Flood Insurance Rate Map as well as flood profiles for studied
flooding sources that can be used to determine Base Flood Elevations for some areas.
FLOOD-PRbNE AREA means an approximate area encompassing the area in and adjacent to a stream or
other watercourse, which is subject to flooding as the result of a base flood, the water surface elevations of
LAND USE REGULATIONS 2-21 EAGLE COUNTY,COLORADO
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
FORESTRY means an establishment primarily engaged in the operation of timber tracts,tree farms,forest
nurseries,the gathering of forest products,or in performing forest services.
FRACTIONAL FEE ESTATE means any interest in real property, including condominiums, owned or
leased by five (5) or more persons or entities or any other device including ownership in a corporation,
cooperative,partnership,or joint venture whereby the owners or lessees have formally or informally agreed that
such owners or lessees shall have the preferred or exclusive use during specified periods of time. Any
conveyance of a fractional fee estate or undivided interest by separate deed is within this definition and is to be
regulated hereby. A fractional fee estate shall be deemed to be created upon the marketing,promotion,selling
or offering to sell specified period or periods of time in one(1)or more residential units.
FREEBOARD means the vertical distance in feet above a predicted water surface elevation intended to
provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater
than the height calculated for a selected size flood such as debris blockage of bridge openings and the
increased runoff due to urbanization of the watershed.
FRONTAGE means the length of that property line of a lot which abuts a legally accessible street right-of-
way.
FUNCTIONALLY DEPENDENT IMPROVEMENT means an improvement which cannot perform its
intended purpose unless it is located or carried out in close proximity to water.The term includes only docking
facilities,port facilities that are necessary for the loading and unloading of cargo or passengers,ship building
and ship repair facilities,fed-boat launch facilities,intakes,channels,diversion structures,riverbank filtration
galleries, alluvial wells, storm sewers, effluent outfall structures, and underground pipelines, but does not
include long-term storage or related manufacturing facilities.
GARAGE, private, for residential use means an accessory building, or an accessory portion of a main
building,designed for shelter or storage of motor vehicles which are owned,and operated by the occupants of
the main building. In the FH,RSM,RSL,and RMF zone districts,habitable spaces within garages such as,
offices, bathrooms or other similar uses will be counted towards the property's floor area ratio. In all zone
districts,total garage square footage shall not exceed total habitable space located on the lot. (am 3/12/02)
GOLDEN EAGLE NEST SITE means the bed or receptacle prepared by the golden eagle for its eggs and
young. Generally,golden eagle nest sites occur on cliffs,but trees are sometimes used. Nests are generally
located so that the birds are provided an unobstructed view of surrounding areas,affording maximum foraging
opportunity.
GRADE,FINISHED means the final elevation of the ground level after development.
GRADE,NATURAL means the elevation of the ground level in its natural state,before construction,filling
or excavation.
GROUP HOME means a residential building that is owned and operated by a non-profit organization,or is
owned and operated by an individual or group of individuals who actually reside at and maintain their primary
place of residence in the group home,that:
1. Occupied By Elderly Persons. Is occupied by not more than eight(8)persons who are sixty
(60)years of age or older who do not require skilled or intermediate care facilities;or
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
2. Occupied By Developmentally Disabled Persons. Contains a state-licensed facility for the
exclusive use of not more than eight(8)persons that are developmentally disabled due to their
having cerebral palsy,multiple sclerosis,mental retardation, autism or epilepsy;or
3. Occupied By Mentally Ill Persons. Contains a state-licensed facility for the exclusive use of
not more than eight(8)persons that have been determined to be mentally ill as defined and
limited by'30-28-115(b.5),C.R.S. No person who has been determined to be not guilty of a
violent offense by reason of insanity or who has been convicted of a felony shall be placed in
a group home.
4. Occupied by Handicapped Persons. Is occupied by not more than eight(8)persons who are
handicapped as that term is defined by the United States Fair Housing Act,42 USCA'3601 et
seq.
5. Occupied by Certified or Licensed Child Care Facilities. Contains a certified or licensed
foster care home, residential child care facility or secure residential treatment center, as
defined by'26-6-101,et seq.,CRS,or licensed halfway house,as defined by'19-1-103,CRS,
for the exclusive use of not more than eight(8)children.
GROUND SUBSIDENCE means a process characterized by the downward displacement of surface material
caused by natural phenomena,such as removal of subsurface fluids,natural consolidation,or dissolution of
subsurface materials,or by man-made phenomena,such as subsurface mining.
HABITABLE SPACE means any space or area in a structure used for living, sleeping, eating or cooking.
Habitable space shall have a ceiling height of five(5)feet,zero(0)inches or more between the surface of the
earth and/or floor system and the underside of the structural member(s) of the floor directly above. Any
habitable space that is not an accessory dwelling unit that is located within a detached garage, agricultural
building or other accessory structure,unless otherwise approved through special use,shall not exceed eight-
hundred-fifty (850) square feet. All habitable space shall be included in a calculation of the property's
maximum floor area in those zone districts where floor areas are restricted. (am. 11/08/05)
HELIPORT means an area,either at ground level,or elevated on a structure,licensed by the Federal Aviation
Administration or other appropriate state or federal agency that is approved for the loading,landing and takeoff
of helicopters, that includes auxiliary facilities such as parking, waiting room, fueling and maintenance
equipment.
HELISTOP means a heliport that does not contain any auxiliary facilities.
HIGH WATER MARK means the visible line on the edge of a river,stream,lake,pond,spring or seep up to
which the presence and action of water are so usual and long conditioned(with a recurrence interval of ten(10)
years or lest)so as to create a distinct character with respect to vegetation and the nature of the soil.
HIGHEST ADJACENT GRADE (Floodplain Overlay Zone District Definitions) means the highest
natural elev*tion of the ground surface prior to construction next to the proposed walls of a structure.
HISTORICt STRUCTURE means any structure that is: 1) Listed individually in the National Register of
Historic Plaices (a listing maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National Register;2)Certified
orpreliminlrily determined by the Secretary of the Interior as contributing to the historical significance of a
a Definitions,annotated "Floodplain Overlay Zone District Definition"apply for Section 3-350 only.
LAND USE REGULATIONS 2-25 EAGLE COUNTY,COLORADO
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district;3)Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior;or 4)Individually listed on a local inventory
of historic places in communities with historic preservation programs that have been certified either:a)By an
approved state program as determined by the Secretary of the Interior or;b)Directly by the Secretary of the
Interior in states without approved programs.
HOME BUSINESS means the conduct of a business,occupation or trade as an accessory use entirely within a
residential building or accessory structure for gain or support by residents of the dwelling and employees
residing off-premises, that may serve patrons on the premises. A home business shall comply with the
standards of Section 3-310 F.1.,Home Business.
HOME OCCUPATION means the conduct of a business,occupation or trade as an accessory use entirely
within a residential building or accessory structure for gain or support,only by residents of the dwelling,that
does not serve patrons on the premises,except in an incidental manner. A home occupation shall comply with
the standards of Section 3-310F.2.,Home Occupation.
HORTICULTURE means the growing or production for income of fruits,vegetables,flowers and nursery
stock including ornamental plants,trees and/or shrubs. (orig. 10/09/07)
HOSPITAL means an institution providing primary health services, medical or surgical care to persons,
primarily inpatients,suffering from illness,disease,injury,deformity and other abnormal physical or mental
conditions,and including,as an integral part of the institution,related facilities such as laboratories,outpatient
facilities or training facilities.
HOTEL means a building that is designated,intended or used for the accommodation of tourists,transients
and permanent guests for compensation and in which no provision is made for cooking in individual rooms or
suites. For impact analysis purposes,three(3)hotel rooms are equivalent to one(1)single family dwelling
unit.
HOUSEKEEPING UNIT means one(1)or more persons who live together in a single dwelling unit,with an
expectation of living together permanently,who are economically and socially dependent on one another,own
and use the dwelling units elements,furnishings and equipment as common to all,and represent themselves to
the public and conduct themselves as a single, interdependent, permanent unit. A housekeeping unit is
manifested by, at a minimum, a single or joint tenancy ownership of, or single lease -- with a minimum
duration of one year to which each of the adult members of the housekeeping unit are bound--or,the real
property interest in the dwelling unit and the personal property interest in the furnishings and equipment in it.
Housekeeping units usually are,but need not be,comprised of persons related by blood,marriage or adoption,
or bound by a legal custodial relationship.
IMPERVIOUS COVER OR MATERIALS means a surface that does not readily allow water to infiltrate
into the ground. The term may include,but not be limited to,building roof surfaces including roof overhangs,
concrete or asphalt pavement surfaces,compacted gravel and similar surfaces.
INDIVIDUAL BUSINESS means a structure or lot containing one(1)business or several related businesses
under any form of ownership. If two(2)or more businesses are located in a structure or on a lot,use the same
entrance and are not physically separated by walls,they shall constitute one(1)business for the purposes of
these Land Use Regulations.
LAND USE REGULATIONS 2-26 EAGLE COUNTY.COLORADO
Article 2
EXHIBIT A Page A20 of 63
i
ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
homeowner convenience and is not intended to function as the cooking facility for a separate dwelling unit
shall not be onsidered a kitchen facility(see also `wet bar facility'). (am. 11/08/05)
LAND mea s all land or water surfaces,whether public or private,including lots,parcels,or other ownership
categories a d all surface, subsurface, or air rights that may be attached or detached from the land.
LANDSC E BERM refers to a mound or ridge of earthen material placed above natural,or existing grade
for the gen al purpose of shielding, screening, mitigating impacts from or otherwise separating areas of .
dissimilar 1 d use. Landscape berms may also be used to provide visual interest, accommodate planned
landscape i provements, control the direction of water flow, or to protect structures against possible
landslides,r ckfalls, or snow avalanches. (am. 05/16/06)
LANDSC ING STORAGE YARD means a parcel of land,or portion thereof,used for the purpose(s)of
storing landscaping materials,including plants,trees,masonry,dirt,mulch,gravel and equipment necessary for •
the landscaping operation;as well as horticulture or protection of plants within a greenhouse. Any motorized
equipment or machinery is required to be stored entirely within a garage,shed,or other enclosure.Onsite sales
of materials are not allowed. (orig. 10/09/07)
LANDSLIDE HAZARD AREA means areas where falling,slipping or mass movement of land occurs due to
a distinct surface rupture or zone of weakness. Landslides include slope failure complexes, debris slides,
bedrock slides and areas of accelerated soil creep.
LAKE mea s a naturally created body of standing water,usually at least six(6)feet deep.
LEGAL L T OF RECORD means any lot,parcel,or tract of land that was filed in the records of the Eagle
County Cler and complied with all applicable laws and regulations in effect at that time.
LETTER F MAP REVISION(LOMR)means FEMA's official revision of an effective Flood Insurance
Rate Map(FIRM),or Flood Boundary and Floodway Map(FBFM),or both.LOMRs are generally based on
the implemeitation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding
source and us result in the modification of the existing regulatory floodway, the effective Base Flood
Elevations ( FEs), or the Special Flood Hazard Area(SFHA).
LETTER MAP REVISION BASED ON FILL(LOMR-F)means FEMA's modification of the Special
Flood Hazar Area(SFHA)shown on the Flood Insurance Rate Map(FIRM)based on the placement of fill
outside the eiCisting regulatory floodway.•
•--- :. -_- - :. •: --:•-.,•-•-: : . - -• - . , - -- '- . . . - . . . . •.-
LEVEE—n)eans a man-made embankment, usually earthen, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water so as to provide protection from
temporary flooding.For a levee structure to be reflected on the FEMA FIRMs as providing flood protection,
the levee structure must meet the requirements set forth in 44 CFR 65.10.
LEVEE SYSTEM means a flood protection system which consists of a levee, or levees, and associated
structures such as closure and drainage devices,which are constructed and operated in accordance with sound
engineering practices. (am 01/04/05)
LAND USE REGULATIONS 2-28 EAGLE COUNTY,COLORADO
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
41/01/05)
LOWEST FLOOR means the lowest floor of the lowest enclosed area(including basement).Any floor used
for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any
combination thereof.This includes any floor that could be converted to such a use such as a basement or crawl
space.The lowest floor is a determinate for the flood insurance premium for a building,home or business.An
unfinished or flood resistant enclosure,usable solely for parking or vehicles,building access or storage in an
area other than a basement area is not considered a building's lowest floor;provided that such enclosure is not
built so as to render the structure in violation of the applicable non-elevation design requirement of 44 CFR
Section 60.3 of the National Flood insurance Program regulations.
LYNX OCCUPIED HABITAT means areas above eight thousand(8,000)feet in elevation that are known to
contain lynx by the documented discovery of lynx tracks within five(5)years,that contain diverse old growth
forest with alternate stands of conifers,or aspen with shrubby openings,and abundant snowshoe hare habitat.
MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER TREATMENT SYSTEM means
(1)the expansion of existing domestic water treatment capacity or storage; or(2)any extension of existing
water supply systems to service an additional development density of ten(10)or more residential dwelling
units or the equivalent thereof in other uses. (am. 02/11/03)
MAJOR EXTENSION OF AN EXISTING WASTEWATER TREATMENT SYSTEM means any
modification of an existing sewage treatment plant to increase hydraulic capacity or upgrade treatment
capability or any extension of existing main collector sewer lines or any increase in capacity of existing
main sewer lines or any extensions to serve a total development density of ten(10)or more dwelling units
or the equivalent thereof in other uses. (am. 02/11/03)
MAJOR NEW DOMESTIC WATER SYSTEM means a new water supply system or water treatment
plant if such system or plant is designed to serve a total of ten(10)or more residential dwelling units or the
equivalent thereof. (See Water and Sewer Projects.)(am. 02/11/03)
MAJOR NEW DOMESTIC WASTEWATER TREATMENT SYSTEM means a new wastewater
treatment plant,group of wastewater systems or collector system designed to treat the wastewater generated by
ten (10) or more residential dwelling units or the equivalent thereof in other uses. (See Water and Sewer
Projects.)(orig. 02/11/03)
MANAGING BODY means the collective body,agency or association within a Planned Unit Development
(PUD) responsible for the review of design standards for compliance with the Planned Unit Development
(PUD)Covenants. The managing body may include but not be limited to a Homeowner's Association,Design
Review Board or Architectural Control Committee.
MANUFACTURED HOME means a factory built dwelling that is manufactured or constructed to comply
with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 and
is to be used as a place for human habitation.
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ARTICLE 2: DEFINITIONS 2-II0.DEFINITIONS
MANUFACTURED HOME (Floodplain Overlay Zone District Definitions) means a structure
transportab e in one or more sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities.The term"manufactured home"does
not include a. "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION(Floodplain Overlay Zone District Definitions)
means a parFel (or contiguous parcels)of land divided into two or more manufactured home lots for rent or
sale.
MEAN SEA LEVEL means for purposes of the National Flood Insurance Program,the
North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations (BFE)
shown on the Flood Insurance Rate Maps are referenced.
MASS GATHERINGS means entertainment, recreation, religion, athletic and similar activities having a
reasonable expected attendance of five hundred or more(500+)persons. (am.0 3/12/02)
MASTER PLAN(See definition for COMPREHENSIVE PLAN) (am. 11/08/05)
MATERIAL SAFETY DATA SHEET (MSDS) means a form with data regarding the properties of a
particular substance.An important component of product stewardship and workplace safety,it is intended to
provide workers and emergency personnel with procedures for handling or working with that substance in a
safe manner, and includes information such as physical data(melting point,boiling point, flash point,etc.),
toxicity, hezlth effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling
procedures.
MATERIALS RECOVERY FACILITY means a facility designed to receive and process recyclable
materials.
MATERIALS RECYCLING FACILITY means a central operation where commingled materials designated
for recycling from residential and other users are sorted and processed for market.
MEAN SE LEVEL means the North American Vertical Datum of 1988 or other datum,to which base flood
elevations s wn on a community's Flood Insurance Rate Map are referenced. (am. 01/04/05)
MECHANI AL AREA means an enclosed area within a structure that is intended to house the electrical,
heating,plumbing and air conditioning systems related to the structure. Any square footage located within the
mechanical area larger than that required to accommodate the mechanical equipment will be calculated as
habitable space as specified by the applicable zone district and the Eagle County Building Resolution(see also
definition of'Habitable Space'). (orig. 11/08/05)
MEDICAL ARIJUANA means marijuana that is grown and sold pursuant to all applicable provisions
of the State •f Colorado and for a purpose authorized by Section 14 of Article XVIII of the State
Constitution. (orig. 07/01/2011)
MEDICAL ARIJUANA CENTER means a person licensed pursuant to all applicable provisions of
these land us- regulations and the State of Colorado to operate a business that sells medical marijuana to
registered pa ients or primary caregivers as defined in Section 14 of Article XVIII of the State
a Definitions . notated "Flood slain Overla Zone District Definition"a..1 for Section 3-350 onl .
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deer sufficient food and cover(habitat)during the most difficult months(when there is maximum snowpack or
minimum temperatures)of the most severe winters(the worst two[2]winters out of ten [10]).
MULE DEER STAGING AREAS means those areas where mule deer concentrate prior to migration to
winter ranges. Staging areas provide solitude to mule deer prior to migration,which reduces stress and allows
for undisturbed feeding prior to migration to lower elevations. The onset of migration out of staging areas is
due to snowfall.
MULE DEER WINTER CONCENTRATION AREAS means those lands in Eagle County that because of
their slope, aspect, elevation and vegetation, including cover, are capable of providing mule deer sufficient
food and cover(habitat)to survive the most difficult months of average winters. In Eagle County,the densities
of mule deer in winter concentration areas are twice as great as those in the winter ranges in the average five
(5)winters out of ten(10).
MULE DEER WINTER RANGES means those lands typically used by mule deer through all or nearly all of
the winter season for foraging and for shelter from severe weather conditions.
MULTI-HOUSEKEEPING-UNIT DWELLING UNIT means a dwelling unit with not more than five(5)
bedrooms which is occupied by no more adults than the number of bedrooms in the dwelling unit and whose
occupants do not,or which is intended for occupancy by persons who do not,act as a single housekeeping unit.
MULTIPLE BUSINESS SHOPPING OR BUSINESS CENTER means a building, lot or series of lots
designed for occupation by two(2)or more businesses,where each business is structurally separated from the
others and has its own public entrance, but overall the businesses are physically related and operated as a
group.
MUNICIPAL AND INDUSTRIAL WATER PROJECTS means systems and all related components
that provide water or may provide water in the future either directly or by exchange for municipal and
industrial uses;provided,however,"systems and related components"for a snowmaking project are
limited to(i)those through which water is diverted and/or stored for snowmaking,and(ii)permanent
distribution systems and components that are not otherwise regulated by state or federal regulations. (am.
02/11/03)
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) means FEMA's program of flood insurance
coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and
Emergency Assistance Act.The NFIP has applicable Federal regulations promulgated in Title 44 of the Code
of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National
Flood Insurance Act of 1968.
NATURAL GAS TRANSMISSION PIPELINE means any pipeline and appurtenant facilities that are
capable of transporting natural gas from a gathering line or storage facility to a distribution center or storage
facility or which operates at a hoop stress of twenty (20) percent or more of the Specific Minimum Yield
Strength(SMYS),as calculated according to Part 192.105 of The Department of Transportation Regulations
for the transportation of natural and other gas pipeline.
NEIGHBORHOOD SUBSTATION means any facility used for the purpose of reducing voltages to levels of
sixty-nine(69)kilovolts or less,for distribution to individual users.
LAND USE REGULATIONS 2-37 EAGLE COUNTY,COLORADO
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ARTICLE 2: DE INITIONS 2-110.DEFINITIONS
NEW CON.TRUCTION means structures for which "start of construction" commenced on or after the
effective dat of the applicable official floodplain maps. (am 01/04/05)
NEW MA UFACTURED HOME PARK OR SUBDIVISION Flood I lain Overla Zone District
Definitions) means a manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed(including at a minimum,the installation
of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is
completed oitt or after the effective date of floodplain management regulations adopted by a community.
NEW TECHNOLOGY DEVICE means a wood burning device that meets or exceeds the emissions
standards for certification of Phase II appliances identified by the Environmental Protection Agency in Federal
Regulation 40 CFR Part 60,as amended(this includes most pellet stoves).
NIGHTCLUB,BAR OR TAVERN means a commercial establishment which dispenses alcohol
and is operated as a place of entertainment. Forms of entertainment may include,but is not limited
to, live,recorded or televised performances(by musicians,comedians,etc.)or sporting events; and
dancing. (org. 05/01/07)
NO-RISE CERTIFICATION means a record of the results of an engineering analysis conducted to
determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be
' supported bV technical data and signed by a licensed Colorado Professional Engineer.The supporting technical
data should be based on the standard step-backwater computer model used to develop the 100-year floodway
shown on the Flood Insurance Rate Map(FIRM)or Flood Boundary and Floodway Map(FBFM).
NONCONFORMING LOT means a parcel of land not meeting the minimum lot size requirements of the
underlying zone district. (am 3/12/02)
NONCONFORMING STRUCTURE means any structure or use of land which was lawfully established
pursuant to the zoning and building regulations in effect at the time of its development,but which does not
comply with he standards of these Land Use Regulations for the zone district in which the structure is located.
NONCONF RMING USE means any use of a structure or land which was lawfully established pursuant to
the zoning a d building regulations in effect at the time of its development,but which use is not designated in
these Land se Regulations as an allowed use, a use allowed by special review or a use allowed by limited
review in th zone district in which the use is located.
OBSTRUC ION means any dam, wall embankment, levee, dike, pile, abutment, projection, excavation,
channel rect. ication, bridge, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along,
across,or prc.ecting into any floodplain which might impede,retard,or change the direction of flow of water,
either by itse.f or by catching or collecting debris carried by such water. (am 01/04/05)
OFFICE means a room or a series of rooms where business,professional or governmental services are made
available to the public. Office includes a business office occupied by those such as Realtors, travel agents,
advertising a ents,insurance agents,brokerage houses and lenders,and a professional office occupied by those
such as physicians and other health care professionals,dentists,lawyers,architects,engineers,accountants and
other professionals. An office that is part of, and located within, another principal use is considered to be
a Definitions annotated "Floodplain Overlay Zone District Definition"apply for Section 3-350 only.
LAND USE REGULATIONS 2-38 EAGLE COUNTY,COLORADO
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
PATIO HOME means a free standing structure containing a single family dwelling unit that is surrounded by
land under common ownership. Each home shall be located on a separate parcel of land which shall be
configured to approximate the outline of the structure's footprint. The layout of patio homes on a property
shall be approved through the appropriate planning processes and each patio home parcel shall be platted
through the appropriate final plat process.(orig. 11/08/05)
PEREGRINE FALCON NEST SITE means the bed or receptacle prepared by the peregrine falcon for its
eggs and young. Generally,peregrine falcon nest sites occur on steep cliff faces,two hundred(200)to three
hundred(300)feet in height,in close proximity to open riparian areas.
PERMIT means a document issued by Eagle County granting permission to perform an act or service which is
regulated by the County.
PERSON/PERSONS means an individual or group of individuals, a corporation, a company, a firm, a
partnership,a limited liability company,an association,a social or fraternal organization,an estate,a trust,a
receiver,a syndicate,a manager,an agent,an owner,a director,a servant,an employee,an officer,a city,town,
state agency or other branch of government,or any other group or combination acting as a unit.
PHYSICAL MAP REVISION (PMR) means FEMA's action whereby one or more map panels are
physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway
delineations,flood elevations,and/or planimetric features.
PLANNING STAFF means a person(s) employed by Eagle County in the Department of Community
Development,Division of Planning.
PLAT or PLATTED means and refers to a land survey plat prepared in accordance with these Land Use
Regulations,or their predecessor regulations,which is approved by the Board of County Commissioners as an
exemption plat, planned unit development plat or subdivision plat and filed for record with the Clerk &
Recorder.
PREMISES means a distinct and definite location,which may include a building,a part of a building,a room,
or any other definite contiguous area. (orig. 0 7/01/2011)
PRIMARY WOOD PROCESSING means the processing of wood for fence posts,corral posts,cabin logs,
and other similar type uses.
PROCESSING, see"Industrial Operations".
PROGRAM DEFICIENCY means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of the floodplain overlay zone district or of the
NFIP standards. (am 01/04/05)
PUBLIC BUILDING means a building operated and occupied by a governmental agency for the purpose of
carrying out official duties.
PUBLIC IMPROVEMENT means any improvement,facility or service,together with the associated site or
right-of-way and appurtenances thereto,necessary to provide for public needs.
•
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1. Ownership. Public improvements may be owned by a governmental agency and may be
leased to a private entity to provide the service or operate the entity. Conversely,government
may lease a private facility to carry out a public function. In both cases,the improvements or
facilities would still be considered public improvements.
2. Scope of Public Improvements. The scope of public improvements associated with any
particular development shall be determined by the Board of County Commissioners prior to
approval of the final plat and any associated public improvements agreement.
PUD GUI E means a formal document that establishes the permitted land uses and restrictions within a
planned uni development(PUD).
RECREA ONAL VEHICLE means a pickup camper, motor home, travel trailer, tent trailer or similar
mobile unit that has wheels,is built on a single chassis,has less than 400 square feet or less when measured at
the largest horizontal projections, is intended to be transported over streets, roads and highways as a motor
vehicle or attached to a motor vehicle, and is designed primarily for use as a temporary unit for human
occupancy. Recreational vehicles shall be used for human occupancy only when located within a lawful
recreational vehicle park or campground, except that any recreational vehicle may be inhabited on private
property for no more than five(5)days within a thirty(30)day period. (am 01/04/05)
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 a recreational vehicle park located on a
minimum 5 acre,or larger,parcel. See Section 3-310.Y.5 Major Recreational Vehicle Park.
MI OR RECREATION VEHICLE PARK means a recreational vehicle park located on a
min mum 1-5 acre parcel,containing a maximum of 5 camping spaces per acre.See Section 3-310.Y.6
Mi Ir Recreational Vehicle Park. (org 03/12/02)
RECYCL• :LE MATERIALS means a type of material that is capable of being re-used or recycled,and is
intentionall separated from a waste stream for processing or re-manufacture.
RECYCLI 'G COLLECTION OR DROP OFF CENTER means a centralized collection location to drop
off designat:d recyclable materials.
RECYCLI 'G OPERATION means a separate facility,at which recyclable materials maybe separated from
other materi.is for further processing or marketing. A business in which automobile or other mechanical parts
are salvaged and re-sold or recycled shall also be considered a recycling operation.
REGULATORY FLOOD PROTECTION ELEVATION means the elevation of one(1) foot above the
water surface elevation of the base flood or the base flood elevation. (am 01/04/05)
REMEDY A VIOLATION means to bring the structure or other development into compliance with FO Zone
District regu ations,or if this is not possible,to reduce the impacts of its noncompliance. Ways that impacts
may be reduced include protecting the structure or other affected development from flood damages,
LAND USE REGULATIONS 2-41 EAGLE COUNTY,COLORADO
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ARTICLE 1: DEFINITIONS 2-110.DEFINITIONS
SIGN WITH BACKING means any sign that is displayed upon,against,or through any material or colored
surface or backing that forms an integral part of such display and differentiates the total display from the
background against which it is placed.
SIGN WITHOUT BACKING means any word,letter,emblem,insignia,figure,or similar character,or group
thereof that is neither backed by, incorporated in, or otherwise made a part of any larger display area.
SKI AREA means an area developed for snow skiing,providing facilities associated with alpine or nordic
skiing,including but not limited to ski trails,lifts,operational and maintenance facilities,equipment storage,
snowmaking facilities,restaurants,warming huts and ski schools. A ski area may be part of a ski resort,that
provides base area facilities including,but not limited to hotels,motels and dwellings,retail establishments and
year-round recreational uses. .
SLOPE means the change in vertical elevation of a property over a specified horizontal distance,measured
between contour intervals. Slope shall be stated as a percentage or ratio.
SLUDGE means the accumulated solids resulting from processing wastewater in a treatment plant.
•
SMALL HYDROELECTRIC DEVICE means a hydroelectric generation device less than 500 kilowatts in
rated capacity which relies on natural surface water flows, does not use a dam,water storage,or other man-
made impoundment which impedes minimum stream flows for the purpose of electric energy generation.(orig.
09/11/07)
SMALL SCALE WIND TURBINE means a device whose primary purpose is harnessing wind energy with a
maximum cumulative generation capacity no larger than 20 kW. (orig. 09/11/07)
SOLAR ENERGY DEVICE means a solar collector or other device or a structural design feature of a
structure which provides for the collection of sunlight and which comprises part of a system for the conversion
of the sun's radiant energy into thermal, chemical,mechanical,or electrical energy.(orig. 09/11/07)
SPECIAL FLOOD HAZARD AREA means the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year, i.e.,the 100-year floodplain.
SPORTS COMPLEX means a recreation or amusement center that contains multiple recreation facilities.
Sports complex includes fair or rodeo grounds,regional ball field complexes,community recreation centers,
commercial amusement centers and similar facilities.
START OF CONSTRUCTION means the date the building permit was issued, including substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement,or other improvement was within 180 days of the permit date.The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles,the construction of columns,or any work beyond the stage of excavation;or the placement
of a manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing,grading and filling;nor does it include the installation of streets and/or walkways;nor does it include
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
excavation for basement,footings,piers or foundations or the erection of temporary forms;nor does it include
the installatic n on the property of accessory buildings,such as garages or sheds not occupied as dwelling units
or not part of the main structure.For a substantial improvement,the actual start of construction means the first
alteration of any wall,ceiling,floor,or other structural part of a building,whether or not that alteration affects
the external dimensions of the building
STORAGE, see"Industrial Operations".
STREAM means a watercourse having a natural source and terminus, banks and channel, through which
waters flow a;least periodically. Stream includes creeks and other flowing waters that are tributary to a river.
Man-made irrigation ditches are excluded from this definition.
STREET FRONTAGE means the distance along any property line of a lot that is also the boundary line of a
public street, road or highway right-of-way.
STRUCTURE means any building, carport, deck, fence, gazebo, pole, antenna, satellite reception or
transmission device, storage tank, tower, bridge, dam, culvert, pier, or any other construction or erection,
except uncovered porches,slabs,patios,decks,walks,steps that do not exceed thirty(30)inches above grade
and streets,walks,trails or driveways.
STRUCTURE (Floodplain Overlay Zone District Definitions) means a walled and roofed building,
including a Os or liquid storage tank, which is principally above ground,as well as a manufactured home.
STUDIO FOR ARTS AND CRAFTS means the workshop of an artist,sculptor,photographer,craftsperson,
or organization.
SUBDIVISI N OR SUBDIVIDED LAND means a parcel of land in unincorporated Eagle County that is
divided into o(2)or more lots,tracts,sites,parcels,separate interests,interests in common or other division,
unless exempted by'30-28-110, CRS.
The terms "subdivision" and"subdivided land," above, shall not apply to any division of land which creates
parcels of land each of which comprises thirty-five(35)or more acres of land and none of which is intended
for use by mu tiple owners.
Unless the m= od of disposition is adopted for the purpose of evading the County Land Use Regulation,the
terms "subdiv sion" and"subdivided land," as defined above, shall not apply to any division of land:
1. Which creates parcels of land,such that the land area of each of the parcels,when divided by
the number of interests in any such parcel,results in thirty-five(35)or more acres per interest;
2. Which could be created by any court in this state pursuant to the law of eminent domain,or by
operation of law,or by order of any court in this state if the board of county commissioners of
the county in which the property is situated is given timely notice of any such pending action
by the court and given opportunity to join as a party in interest in such proceeding for the
purpose of raising the issue of evasion of these regulations prior to entry of the court order;
1 a Definitions a otated "Flood.lain Overla Zone District Definition"a..l for Section 3-350 onl .
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
and,if the board does not file an appropriate pleading within twenty days after receipt of such
notice by the court,then such action may proceed before the court;
3. Which is created by a lien,mortgage, deed of trust, or any other security instrument;
4. Which is created by a security or unit of interest in any investment trust regulated under the
laws of this state or any other interest in an investment entity;
5. Which creates cemetery lots;
6. Which creates an interest in oil, gas, minerals, or water which is severed from the surface
ownership of real property;
7. Which is created by the acquisition of an interest in land in the name of a husband and wife or
other persons in joint tenancy or as tenants in common,and any such interest shall be deemed
for purposes of these Regulations as only one interest;
8. Which is created by the combination of contiguous parcels of land into one larger parcel. If
the resulting parcel is less than thirty-five(35)acres in land area,only one interest in said land
shall be allowed. If the resulting parcel is greater than thirty-five(35)acres in land area,such
land area,divided by the number of interests in the resulting parcel,must result in thirty-five
(35)or more acres per interest. Easements and rights-of-way shall not be considered interests
for purposes of this subparagraph 8.
9. Which is created by a contract concerning the sale of land which is contingent upon the
purchaser's obtaining approval to subdivide,pursuant to this article and any applicable county
regulations,the land which he is to acquire pursuant to the contract;
10. Which creates a cluster development pursuant to'30-28-401 Colorado Revised Statutes.
SUBSTANTIAL CHANGE means either a change in(1)land use category;(2)site design which increases or
decreases(a)the number of dwelling units,(b)the number of structures of a size or nature requiring a building
permit, (c) the minimum or maximum square footage of structures if a minimum or maximum has been
specified in a permit or approval,(d)projected traffic such that a highway access permit or an amendment to a
highway access permit is required as a result of the change,or(e)the size of the land which is the subject of
the permit or approval;(3)land use which creates or increases the incompatibility of the use of the subject land
with the adjacent land uses;or(4)site design which changes the location of(a)uses,when multiple uses are
provided on single lots or(b)improvements other than within an approved building envelope.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of
the structure just prior to when the damage occurred.
SUBSTANTIAL IMPROVEMENT-Any reconstruction,rehabilitation,addition,or other improvement of a
structure,the cost of which equals or exceeds 50 percent of the market value of the structure before"Start of
Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction
having land use authority in the area of interest. This includes structures which have incurred"Substantial
Damage",regardless of the actual repair work performed.The term does not,however,include either: 1)Anv
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
project for improvement of a structure to correct existing violations of state or local health,sanitary,or safety
code specifications which have been identified by the local code enforcement official and which are the
minimum negessary conditions or 2)Any alteration of a"historic structure"provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
SUSTAINAtILE COMMUNITY means a community which fosters economic opportunity and social capital
while protectng and restoring the natural environment upon which people and economies depend.
TALUS SLQPE means areas of potential rockfall and small, localized debris flows.
TELECOMMUNICATION FACILITIES means all devices, equipment, machinery, structures or
supporting elements necessary to produce non-ionizing electromagnetic radiation within the range of
frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message.
Facilities may be self supporting, guyed; mounted on poles, other structures; light posts; power poles; or
buildings. T 1ecommunication facilities include radio,television,telephone and microwave towers or antennas
for commercial transmission to consumers.
TEMPORARY CONSTRUCTION TRAILER means a wheeled trailer capable of being pulled by a
motorized vehicle that is intended to temporarily house office space or store construction materials on a
construction cite. Temporary construction trailers shall only be allowed during the time that a building permit
is active on tie property.(orig. 11/08/05)
THRESHOLD PLANNING QUANTITY(TPQ)means a quantity designated for each chemical on the list
of extremely zazardous substances that triggers notification by facilities to the State that such facilities are
subject to emergency planning requirements.
TRANSFER STATION FOR SOLID WASTE means a facility at which refuse,awaiting transportation to a
disposal site,is transferred from one type of containerized collection receptacle to another,or is processed for
compaction.
TRANSPORTATION SERVICES means establishments furnishing passenger ground transportation,
including taxicabs,vans, transportation charter services and similar entities.
TRUCK STOP means an establishment in which the maintenance,servicing,storage or repair of commercial
vehicles is conducted or rendered,including the dispensing of motor vehicle fuel or other petroleum products
directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial
vehicles. A truck stop may also include a restaurant.
UPLAND AREAS means lands found at a higher elevation than adjacent riparian areas or aquatic ecosystems
that do not share the soil or vegetation characteristics of those ecosystems.
USE means the purpose or function for which a lot,structure or building is intended,designed or constructed
or the activity that is carried on within said lot, structure or building.
USE,TEMPORARY means any use of any parcel of land or building for a period of less than six(6)months,
unless the duration of the use has been otherwise limited,pursuant to Section 5-250, Special Uses.
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ARTICLE 2: DEFINITIONS 2-110.DEFINITIONS
UTILITY DISTRIBUTION FACILITY means any gas or electric line other than gas transmission or
electrical transmission line as defined herein,and telephone or telegraph line,cable television line,water line,
sewer line, or neighborhood substations.
UTILITY SUBSTATION means any facility designed to provide switching,voltage transformation or voltage
control required for the transmission of electricity sixty-nine(69)kilovolts or greater.
VANTAGE POINTS are a series of points established in equal half-mile intervals along a roadway,used in
the Visual Analysis of a parcel of land. (orig. 07/17/06)
VARIANCE (Floodplain Overlay Zone District Definitions)means a grant of relief to a person from the
requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance,
therefore,permits construction or development in a manner otherwise prohibited by this ordinance. (For full
requirements see 44 CFR Section 60.6 of the National Flood Insurance Program regulations)
VETERINARY HOSPITAL means a place where animals are given medical care and boarding of animals is
limited to short term care that is incidental to the hospital stay.
VIEWSHED means a visually sensitive area that is visible from a defined observation point. (orig. 02/06/07)
VIOLATION (Floodplain Overlay Zone District Definition') -The failure of a structure or other
development to be fully compliant with the community's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications, or other evidence of compliance
required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),(e)(4), or(e)(5)is presumed to be in
violation until such time as that documentation is provided.
VISUALLY SENSITIVE AREA means pleasing vistas or prospects or scenes, including but not limited
to skylines,ridgelines,bluffs,rock outcroppings, foothills,mountain backdrop,unique vegetation,
floodplains, streams, surface water,natural drainageways and wildlife habitat. (orig. 02/06/07)
WAREHOUSE means a building used primarily for long or short term storage of goods and materials at
which no sales activity, or only limited sales activity,to customers occurs.
WATER AND SEWER PROJECTS. The Site Selection and Construction of Major New Domestic Water
and Wastewater Treatment Systems,Major Extensions of Existing Domestic Water and Wastewater Treatment
Systems, and Efficient Utilization of Municipal and Industrial Water Projects, including any proposed land
development directly related to such Project if such development is to be located wholly or partially within this
County and if such development specifically generates the need for the Project. (orig. 02/11/03)
WATER IMPOUNDMENT means an impoundment of water, including surface runoff, stream flow,
extracted ground water and water as a by-product of extraction or processing of mineral resources, energy
generation or agricultural, municipal, or industrial water supply or sewage treatment installation that is
designed to contain at least one (1) acre foot but less than ten (10) acre feet, or a number of smaller
impoundments on one(1)lot with an aggregate capacity of at least one(1)acre foot,but less than ten(10)acre
feet.
a Definitions annotated "Floodplain Overlay Zone District Definition"apply for Section 3-350 only.
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ARTICLE 3
ZONE DISTRICTS - EAGLE COUNTY
LAND USE REQJLATIONS EAGLE COUNTY,COLORADO
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ARTICLE 3. ZONE DISTRICTS 3-250.FLOODPLAIN OVERLAY ZONE DISTRICT
F. Incentives for Affordable Housing. Establish incentives for applicants to assure that long term
affordable housing will be developed;and
G. Achieve Master Plan.Ensure that the purposes of the Eagle County Master Plan and these Land Use
Regulations are achieved; and
H. Air Quality. Maintain and enhance air quality in Eagle County;and
I. Wildlife. Protect and maintain critical wildlife habitat and migration corridors.
SECTION 3-250. FLOODPLAIN OVERLAY ZONE DISTRICT (org.01/04/05)
The purpose of the Floodplain Overlay(FO)zone district is to manage development while protecting
public safety in the floodplain. This is an overlay zone district and shall be applied as a supplemental
regulation on existing zoned areas containing Special Flood Hazard Areas and areas
removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill(LOMR-F),
including Planned Unit Development zone district and the Eagle-Vail PUD zone district. The FO zone
district is superimposed on the existing zoning and all restrictions and requirements herein are in addition
to those of the underlying zone district. All land use review processes that apply to the underlying zone
district shall remain in full force and effect. In the case of overlapping or conflicting requirements,the
most restrictive provision shall apply.
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
I SECTION 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT (orig.01/04/05) (am xx/xx/xx)
A. Applicability. The provisions and regulations of this section shall apply to all lands within the
unincorporated area of Eagle County which are located within the Floodplain Overlay(FO)zone
district. If a structure,lot,or other parcel of land lies partly within the FO zone district,the part of
such structure, lot,or parcel lying within the district shall meet all requirements for the FO zone
district.
B. Liability. The degree of flood protection intended to be provided by this section has been
determined to be reasonable for regulatory purposes and is based on engineering and scientific
methods of study. Floods of greater magnitude may occur and flood heights may be increased by
man-made or natural causes,such as ice jams and bridge or culvert openings restricted by debris.
This zone district does not imply that the areas outside floodplain zone district or land uses
permitted within such areas will be free from flooding or flood damages or that compliance with
these regulations will prevent any or all damages from flooding. Nor shall this article create a
liability on the part of,or a cause of action against,the County of Eagle or any officer or employee
thereof for any flood damages that may result from reliance on this article or any administrative
det;ision. This ordinance and the various parts thereof are hereby declared to be severable. Should
anj✓section of this ordinance be declared by the courts to be unconstitutional or invalid,such
deision shall not affect the validity of the ordinance as a whole,or any portion thereof other than
the section so declared to be unconstitutional or invalid.
C. D;signation of . . . . _ • • • • . Floodplain Administrator. The Board
of ounty Commissioners hereby designates the County Engineer or his/her designee as the
- .,.•- ••- • -- ••• . : Floodplain Administrator to assist in the implementation
an i administration of the FO zone district regulations. Duties of the
. : Floodplain Administrator shall include the following:
1. Set Fees. Receive completed applications and set the fees associated therewith.
2. Review Applications. Review all permit applications to determine whether the
requirements of the FO zone district have been satisfied and all necessary permits have
been obtained from local,state,or federal agencies from which prior approval is required
by law,including Section 404 of the Federal Water Pollution Control Act.
3. Set Base Flood Elevation(BFE). a: .•-, , . . .. . • • - .. .. - :..
- - . • • • . •• . - • . -, • . , : - - -. - . When Base Flood Elevation
data has not been provided in accordance with section 3-350 D,the Floodplain
Administrator shall obtain,review and reasonably utilize any Base Flood Elevation data
and Floodway data available from a Federal, State,or other source.
4. Maintain Lowest Floor Elevation Records. Obtain and maintain the actual elevation
records and certificates of the lowest floor,including the basement,of all new or
substantially improved structures,and,if the structure has been flood proofed,the
elevation to which the structure was flood proofed; and certification by a registered
Colorado Licensed Professional Engineer in the State of Colorado or architect Architect
that the flood proofing methods for any non-residential structure meet the flood proofing
criteria.
LAND USE REGULATIONS 3-65 EAGLE COUNTY,COLORADO
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
5. Maintain All Records. Maintain for public inspection all records pertaining to the
provisions of the FO zone district including records of permits granted and records of all
variance actions with justification for their issuance. Variances issued shall be reported on
an annual basis to -- - - • . •. - .. •. .•FEMA.
6. Notify Communities and Agencies. Notify adjacent communities,potentially impacted
communities and property owners,and the Colorado Water Conservation Board prior to
any alteration or relocation of a watercourse,and submit evidence of such notification to
the - . . . ., -- , . .-FEMA.
7. Determine if Development is in Floodway or Flood Fringe. Determine whether the site
for a proposed development is located in a floodway,the flood fringe,or outside the
floodplain pursuant to section 3-350 H of the FO zone district.
8. Approve Floodplain Development Permits. Review all permit applications which
involve a use or structure enumerated in sections 3-350 F, 3-350 G and 3-350 H of the FO
zone district and based thereon,either approve the application and grant a permit,or deny
the application pursuant to section 3-350 N3 350.1.
9. Administer FO Zone Districts. Carry out other administrative duties in the
implementation and administration of the FO zone district regulations as the Board of
County Commissioners may from time to time delegate to the
AdministfatefFloodplain Administrator.
10. Interpret Maps. Make interpretations where needed,as to the exact location of the
boundaries of the FO zone district where there appears to be a conflict between a mapped
boundary and actual field conditions based upon an engineering study by the applicant.
11. Make Recommendations to the Zoning Board of Adjustment. Review and transmit
recommendations to the Zoning Board of Adjustment regarding requested variances and
appeals pursuant to Section 5-260.
12. Make Recommendations on Amendments to the FO Zone District. Review floodplain
reports approved by the Colorado Water Conservation Board and make recommendations
to the Planning Commission and Board of County Commissioners regarding necessary
amendments or additions to the FO zone district.
13. Development Inspections.Inspect all development at appropriate times during the period
of construction to ensure compliance with all provisions of this ordinance,including
proper elevation of the structure.
14. _ Approve Certain Development that increase the Base Flood Elevation.Under the
provisions of 44 CFR Chapter 1, Section 65.12,of the National Flood Insurance Program
regulations,the Floodplain Administrator may approve certain development in Zones A1-
30,AE,AH,as shown on the FIRM which increases the water surface elevation of the
base flood by more than one-half foot or zero feet for the Roaring Fork River,provided
that an application is made for a conditional FIRM revision through FEMA(Conditional
Letter of Map Revision),all conditions and requirements for such revisions are fulfilled as
established under the provisions of Section 65.12 and receives FEMA approval.
LAND USE REGULATIONS 3-66 EAGLE COUNTY,COLORADO
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
15, Flood Carrying Capacity. Ensure that the flood carrying capacity within any altered or
relocated portion of any watercourse is maintained.
D. Official Floodplain Maps. The FO zone district is comprised of the Special Flood Hazard Area
(or SFHA, formerly referred to as the"100 year floodplain")of the rivers and creeks in
unincorporated Eagle County. (am 11/13/07)
1. Designation of Official Maps. The following reports designate the location and
boundaries of the FO zone district:
a. A report entitled"Flood Insurance Study,Eagle County, Colorado and
Incorporated Areas,"(FIS)effective December 4,2007,as prepared by FEMA,
Flood Insurance Study Number"08037CV000A"which contains detailed flood
hazard information for the Roaring Fork River,The Eagle River,Brush Creek,
and Gore Creek and its tributaries. (am 11/13/07)
b. Flood Insurance Rate Maps prepared by FEMA for Eagle County,last revised
December 4,2007. (am 11/13/07)
c. Floodplain Information Report of the Roaring Fork and Frying Pan Rivers,Eagle
County,Colorado,prepared by Wright-McLaughlin Engineers and dated
February, 1978.
d. United States Department of the Interior,Geological Survey Maps of Flood-Prone
areas for the Basalt Quadrangle,Edwards Quadrangle,Eagle Quadrangle,
Gypsum Quadrangle,Minturn Quadrangle,and Wolcott Quadrangle dated 1974.
e. Gore Creek Floodplain Information,Vail,Eagle County,Colorado,prepared by
Hydro-Triad,Ltd.,and dated June, 1975.
f. Flood Information Report,Roaring Fork River,Town of Basalt,Eagle and Pitkin
Counties,Prepared by Matrix Design Group dated November 14, 2001.
g. Flood Information Report,Eagle and Colorado River,Eagle County,Colorado
prepared by Matrix Design Group dated August 22,2003.
h. Digital FIRM(DFIRM)mapping available from FEMA's Map Service Center
http://msc.fema.gov(orig. 11/13/07)
i. Any further floodplain studies that have been approved by the Board of County
Commissioners with the prior concurrence of the Colorado Water Conservation
Board.
2. Adoption of Floodplain Maps. Maps officially adopted by the Board of County
Commissioners as a part of the FO zone district may be amended in accordance with the
procedures prescribed in Section 5-230,Amendments to the Text of These Land Use
Regulations or the Official Zone Change Map.
3. Public Inspection of Maps. The Eagle County Engineering Department shall keep
copies of the reports cited in Section 3-350 D.1 on file and open to public inspection.
LAND USE REGULATIONS 3-67 EAGLE COUNTY,COLORADO
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
4. Interpretation of Official Maps. Where interpretation is needed as to the exact location
of the boundaries of the FO zone district,the
AdministFatefFloodplain Administrator shall make the necessary interpretation by
referring,as necessary,to the engineering study upon which the maps and elevations are
based,to the professional engineers who prepared the study,to the Colorado Water
Conservation Board,and/or the Federal Emergency Management Agency. The base flood
elevations,as shown on the flood profiles and in the floodway tables of the Eagle County
Flood Insurance Study as prepared by the Federal Emergency Management Agency,shall
be the governing factor in determining accurate boundaries.
E. Division of the Floodplain Overlay Zone District. The FO zone district within the
unincorporated territory of the County of Eagle subject to these regulations is hereby divided into
the following areas.
1. Flood-prone area. The flood-prone area means an approximate area encompassing the
area in and adjacent to a stream or other watercourse,which is subject to flooding as the
result of a base flood,the water surface elevations of which have not been determined by
detailed engineering study. Such area is equivalent to the"Special Flood Hazard Area
(SFHA)"designated as any of the"Zone A's"on Flood Insurance Rate Maps(FIRM)or
DFIRM and to"Flood-prone Areas"on U.S. Geological Survey Flood-prone Area Maps.
(am 11/13/07)
2. Floodway. The floodway means the high hazard area and encompasses an area which
includes the channel of a stream or other watercourse and any adjacent floodplain areas
which are reasonably required to carry and discharge the floodwaters of a base flood and
which must be kept free of development so the base flood can be carried without an
increase in flood height. If the floodway is not identified,it is considered to be identical to
the floodplain. Specifically,a floodway is defined as the stream channel plus any adjacent
floodplain areas that must be kept free of development so the base flood can pass with no
more than a 0.5 foot increase in the water surface elevation or the energy grade line,
providing hazardous velocities are not produced for all rivers except the Roaring Fork
River. The floodway for the Roaring Fork River is defined as the stream channel plus any
adjacent floodplain areas that must be kept free of development so the base flood can pass
with no increase in the water surface elevation or the energy grade line. However,for all
rivers,in no instance shall the floodway-flood fringe boundary be closer than twenty-five
(25)feet to the natural streambank.
3. Flood Fringe. The flood fringe means the area,encompassing that area between the outer
boundary of the floodway and the outer limit of the"Special Flood Hazard Area(SFHA)".
(am 11/13/07)
4. Areas of Shallow Flooding(AO/AH Zones).Located within the Special Flood Hazard
Area established in the FO zone district,are areas designated as shallow flooding.These
areas have special flood hazards associated with base flood depths of 1 to 3 feet where a
clearly defined channel does not exist and where the path of flooding is unpredictable and
where velocity flow may be evident.
Areas of Shallow Flooding may also be subject to the above listed divisions of the
Floodplain Overlay Zone District.Areas of Shallow Flooding are characterized by
ponding or sheet flow;therefore,the following additional provisions apply:
LAND USE REGULATIONS 3-68 EAGLE COUNTY,COLORADO
Article 3
EXHIBIT A Page A38 of 63
ARTICLE 3: Z7NE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
a. Residential Construction.All new construction and Substantial Improvements of
residential structures must have the lowest floor(including basement),electrical,
heating,ventilation,plumbing,and air conditioning equipment and other service
facilities(including ductwork),elevated above the highest adjacent grade at least
one foot above the depth number specified in feet on the community's FIRM(at
least three feet if no depth number is specified). Upon completion of the structure,
the elevation of the lowest floor,including basement,shall be certified by a
Colorado Licensed Professional Engineer,Architect,or land surveyor. Such
certification shall be submitted to the Floodplain Administrator.
b. Nonresidential Construction. With the exception of Critical Facilities,outlined
in section 3-350 M,all new construction and Substantial Improvements of non-
residential structures,must have the lowest floor(including basement),electrical,
heating,ventilation,plumbing,and air conditioning equipment and other service
facilities(including ductwork),elevated above the highest adjacent grade at least
one foot above the depth number specified in feet on the community's FIRM(at
least three feet if no depth number is specified),or together with attendant utility
and sanitary facilities,be designed so that the structure is watertight to at least one
foot above the base flood level with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of buoyancy.Upon completion of
the structure,the elevation of the lowest floor,including basement, shall be
certified by a Colorado Licensed Professional Engineer,Architect,or land
surveyor. Such certification shall be submitted to the Floodplain Administrator A
- - .... .•• . : that the standards of this Section,as proposed in
section 3-350 N,are satisfied.
Within Zones AH or AO,adequate drainage paths around structures on slopes are
required to guide flood waters around and away from proposed structures.
F. Regulations of Flood-Prone Areas. The provisions of this section shall apply to each Flood-
Prone area as identified on the official map or maps listed in Section 3-350 D.
1. Floodplain Development Permit Required. No person shall engage in development of
any kind,whether a conforming or nonconforming use or structure,within a Flood-Prone
area without first obtaining a floodplain development permit.
2. Prohibited Uses. No development on or over any portion of a Flood-Prone area shall be
permitted which alone,or cumulatively with other such activities,would cause or result in
any of the following:
a. The storage or processing of materials that in time of flooding are buoyant,
flammable,explosive,or otherwise potentially injurious to human,animal or plant
life.
b. The disposal of garbage or other solid waste materials.
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c. The potential of substantial solid debris or waste-refuse being carried downstream
by floodwaters.
d. The increase in the level or likelihood of flooding on the property or on any other
properties that may be impacted by the development.
3. Allowed Uses. The following uses shall be allowed within a Flood-Prone area:
a. Agricultural uses such as general farming,pasture,grazing,outdoor plant
nurseries,horticulture,viticulture,truck farming,forestry,and sod farming.
b. Private and public recreational uses, such as golf courses,tennis courts,driving
ranges,archery ranges,picnic grounds,boat launching ramps,swimming areas,
parks,wildlife and nature preserves,target ranges, shooting preserves,trap and
skeet ranges,hunting and fishing areas,fish hatcheries,and hiking,biking and
equestrian trails,except that structures accessory to such uses shall not be located
in a Flood-Prone area.
4. The Flood Hazard's Specific Extent Has Not Yet Been Determined. The specific
extent of the flood hazard has not yet been determined in a flood-prone area. The
boundaries of the flood-prone area are based on physical factors indicating flow and
direction of water,historical flood experience,or other readily available data.
5. Determine if in Floodway or Flood Fringe. The flood hazard is of such significance
that before any proposed development,other than those uses enumerated in subsection 3,
of this section 3-350 F,may be permitted in any portion of such area,public health, safety
and welfare require that a determination shall be made as to whether the site of the
proposed development or activity is located within a floodway or flood fringe. The
. . .•- . . Floodplain Administrator shall make such
determination promptly and as may be appropriate and practical. Any application for a
permit to conduct development in a Flood-Prone area shall not be considered complete or
be accepted unless and until it is accompanied by the results of studies necessary to
determine whether the proposed development is located in a floodway or flood fringe.
6. Technical Criteria. These floodplain studies shall meet the technical criteria established
by the Colorado Water Conservation Board and the Federal Emergency Management
Agency for the review and designation of floodplain delineation studies.
7. Notice of Floodway or Flood Fringe Determination. Upon receipt of the completed•study and a determination by the - ..-• ••- _ - :. - • - Floodplain
Administrator that such study is true and accurate;the
AElmiaistratefFloodplain Administrator shall inform the applicant in writing whether the
site of the proposed development or activity lies within any of the following:
a. The floodway,in which case further processing of the application shall be
governed by section 3-350 H,and the applicable provisions of this Section.
b. The flood fringe,in which case further processing of the application shall be
governed by section 3-350 G,and the applicable provisions of this Section.
LAND USE REGULATIONS 3-70 EAGLE COUNTY,COLORADO
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ARTICLE 3: i ONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
c. None of the above,in which case none of the provisions of the FO zone district
shall have any further applicability to such application.
G. Regulations for the Flood Fringe. The provisions of this section shall apply to each flood fringe
area as identified in one of the official FO zone district maps.
1. Floodplain Development Permit. No person shall engage in development of any kind,
whether a conforming or nonconforming use or structure,within a flood fringe without
first obtaining a floodplain development permit.
2. Stream Setbacks. When applicable,a floodplain development permit will only be issued
if a variance from the Zoning Board of Adjustments pursuant to Section 5-260 or variation
from the stream setbacks approved as part of Planned Unit Development pursuant to
Section 5-240 has been obtained.
3. Prohibited Uses. No development or uses on or over any portion of the flood fringe shall
be permitted which alone,or cumulatively with other such development or uses,would
cause or result in any of the following:
a. The storage or processing of materials that in time of flooding are buoyant,
flammable,explosive,or otherwise potentially injurious to human,animal,or
plant life.
b. The disposal of garbage or other solid or liquid waste materials.
c. The potential of substantial solid debris or waste being carried downstream by
floodwaters.
d. The construction or improvement of a structure,whether fixed or mobile,such
that any external wall shall be not less than fifteen(15)feet from the stream side
of the flood fringe.
e. The lowest floor,including the basement,of any such building or structure shall
be not less than one(1)foot above the maximum base flood elevation. The lowest
adjacent grade surrounding the structure shall be filled to at least the base flood
elevation, compacted with slopes and protected by vegetated cover.
f. The lowest interior grade,including crawl spaces,shall not be lower than the base
flood elevation.
4. Allowed Uses. The following uses shall be allowed within the flood fringe:
a. All Structures.The following subsection is applicable to all structures and uses
provided that:
(1) All new construction or substantial improvements shall be designed(or
modified)and adequately anchored to prevent flotation,collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads,including the effects of buoyancy;
LAND USE RE ULATIONS 3-71 EAGLE COUNTY,COLORADO
Article 3
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed
with electrical,heating,ventilation,plumbing,and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding;
(5) All manufactured homes shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation,
collapse,or lateral movement. Methods of anchoring may include,but are
not limited to,use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
(6) All new and replacement potable and non-potable water supply systems
shall be designed to minimize or eliminate infiltration of flood waters into
the system utilizing best management practices(BMPs),unless specific
components of these systems require infiltration,such as supply intake
structures;
(7) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system utilizing
best management practices(BMPs)and discharge from the systems into
flood waters;and,
(8) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
sb. Residential Structures. In addition to the requirements set forth in 3-350 G 4 a
above,Residential-residential structures and uses are allowed provided that they
meet the following additional requirements:
(1) Any residential structure, . - - -- - . , : -•, - t Terri
€ac ies
(including ductwork`,whether fixed or mobile,designed for human
occupancy or the storage of property,shall be constructed,located or
improved so that any external wall shall be not less than fifteen(15)feet
from the stream side of the flood fringe.
(2) The lowest floor,including the basement,including all electrical,heating,
ventilation,plumbing,and air conditioning equipment and other service
facilities(including ductwork),of any such building or structure shall be
not less than one(1)foot above the maximum base flood elevation. The
lowest adjacent grade surrounding the structure shall be filled to at least
LAND USE REGULATIONS 3-72 EAGLE COUNTY,COLORADO
Article 3
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ARTICLE 3: ZPNE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
the base flood elevation,compacted with slopes and protected by
vegetated cover.
(3) The lowest interior grade,including crawl spaces,shall not be lower than
the lowest adjacent grade.
4 U son corn.letion of the structure the elevation of the lowest floor
including basement,shall be certified by a Colorado Licensed
Professional Engineer,Architect,or Land Surveyor. Such certification
shall be submitted to the Floodplain Administrator.
c. Nonresidential Structures or Uses. Nonresidential structures or uses are
allowed provided that:
(1) With the exception of Critical facilities,outlined in section 3-350 M,any
nonresidential structur- , •• -. - . , . • -, - • :-,
(includin ductwork),shall be constructed,located or improved so that
any external wall shall be not less than fifteen(15)feet from the stream
side of the flood fringe.
(2) Any nonresidential structure shall either have the lowest floor,including
electrical,heating,ventilation,plumbing,and air conditioning equipment
and other service facilities(including ductwork),including the basement,
not less than one(1)foot above the BFE;or together with attendant utility
and sanitary facilities shall be flood proofed so that below the computed
BFE the structure is water tight with walls substantially impermeable to
the passage of water;have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and be
certified by an engineer or architect registered licensed in the State of
Colorado that the standards of this subsection are satisfied. Any
nonresidential structure shall be constructed by methods and practices that
minimize flood damage, and shall be constructed with materials resistant
to flood damage. Such certifications shall be submitted to the Floodplain
--••- . : Floodplain Administrator or its designated
representative and provide that where a non-residential structure is
intended to be made watertight below the one(1)foot above the BFE, (i)
a registered ColoradoLicensed prefessienal-Professional engineer
Engineer or architect in t e State of Colorado shall develop and/or review
structural design,specifications,and plans for the construction and shall
certify that the design and methods of construction are in accordance with
current technical criteria,and(ii)a record of such certificate which
includes the specific elevation(in relation to the appropriate datum)that
the structures are flood proofed. Such certification shall be maintained by
the Floodplain Administrator All flood proofmg shall meet the current
technical criteria set by the Colorado Water Conservation Board and the
LAND USE ' GULATIONS 3-73 EAGLE COUNTY,COLORADO
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
•
Federal Emergency Management Agency. Such certifications shall be
provided to the - :::: .• . __ -- . : Floodplain
Administrator.
(3) In the event that floodwaters in the flood fringe can be expected to attain
a velocity greater than three(3)feet per second(at any point where the
proposed development is to occur),additional flood proofing shall be
required sufficient to withstand such greater water velocity.
(4) Nonresidential uses including:
(4& Agricultural uses such as general farming,pasture,grazing,
outdoor plant nurseries,horticulture,viticulture,truck farming,
forestry,and sod farming.
(512) Private and public recreational uses,such as golf courses,tennis
courts,driving ranges,archery ranges,picnic grounds,boat
launching ramps,swimming areas,parks,wildlife and nature
preserves,trap and skeet ranges,hunting and fishing areas,fish
hatcheries,hiking,biking and equestrian trails.
(6c) Open area residential uses such as lawns, gardens,parking areas,
and play areas.
(44) Uses accessory to open space or uses for which a permit is
required under the FO zone district.
(8e) Railroads,streets,roads,bridges,utility lines and facilities,and
structures for irrigation,drainage or flood control.
d. Enclosures.New construction and substantial improvements,with fiilly enclosed
areas below the lowest floor that are usable solely for parking of vehicles,building
access,or storage in an area other than a basement and which are subject to
flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a Colorado
Licensed Professional Engineer or Architect or meet or exceed the following
minimum criteria:
(1) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens,louvers,valves,or other
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
LAND USE REGULATIONS 3-74 EAGLE COUNTY,COLORADO
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e. Manufactured Homes.All manufactured homes that are placed or substantially
improved within Zones Al-30,AH,and AE on the community's FIRM on sites(i)
outside of a manufactured home park or subdivision,(ii)in a new manufactured
home park or subdivision,(iii)in an expansion to an existing manufactured home
park or subdivision,or(iv)in an existing manufactured home park or subdivision
on which manufactured home has incurred"substantial damage" as a result of a
flood,be elevated on a permanent foundation such that the lowest floor of the
manufactured home,electrical,heating,ventilation,plumbing,and air
conditioning equipment and other service facilities(including ductwork),are
elevated to one foot above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation,collapse,and lateral
movement.
All manufactured homes placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones Al-30,AH and AE on the
community's FIRM that are not subject to the provisions of the above paragraph,
shall be elevated so that either:
(1) The lowest floor of the manufactured home,electrical,heating,
ventilation,plumbing,and air conditioning equipment and other service
facilities(including ductwork), are one foot above the base flood
elevation,or
(2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation,collapse,and lateral
movement.
H. Regulations for the Floodway. The provisions of this section shall apply to each floodway as
identified on the official FO zone district maps.
1. Floodplain Development Permit. No person shall engage in development of any kind,
whether a conforming or nonconforming use or structure,within the floodway without
first obtaining a floodplain development permit.
2. Prohibited Uses. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris,potential projectiles and erosion potential,Isle-no
development,encroachment,use,or alteration in,on,or over any part of the floodway
shall be permitted which alone or cumulatively with other such uses would cause or result
in:
a. The occupation of permanent or temporary structures.
b. The development or use of overnight campgrounds and travel trailer parks.
c. The storing or processing of materials that are buoyant,flammable,explosive, or
otherwise potentially injurious to human,animal or plant life.
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d. Solid waste disposal sites and central collection sewage treatment facilities.
e. The potential of solid debris(including,but not limited to garages,storage sheds,
decks,fences,etc.)or waste(including,but not limited to septic systems,etc.)
being carried downstream.
f. An encroachment that would adversely affect the efficiency and capacity of the
floodway or change the direction of flow or cause any increase in the base flood
elevation or so as to cause foreseeable damage to others,wherever located.
g. An encroachment,including fill,new construction,substantial improvements and
other development unless certification by a registered Colorado Licensed
prefessienel-Professional engineer Engineer pis provided demonstrating
that encroachments shall not result in any increase in flood levels or velocities
during the occurrence of the base flood discharge. The analysis shall be in
accordance with standard engineering practice and a No-Rise Certification shall
be submitted to the Floodplain Administrator.
3. Allowed Uses. The following uses shall be permitted within the floodway to the extent
that are not prohibited in a particular area by any underlying zoning district and only if
they do not adversely affect the efficiency of the floodway,change the direction of flow or
increase the BFE.
a. Agricultural uses such as general farming,grazing of livestock and horses,sod
farming and wild crop harvesting.
b. Uses accessory to residential uses including but not limited to lawns, open areas,
gardens,driveways and play areas.
c. Recreational uses not requiring permanent or temporary structures designed for
human habitation.
d. Road and highway structures and attached utilities.
e. Stream restoration projects,such as fish habitat enhancements,-and bank
stabilization,and wetland and riparian improvement projects.
f. Under the provisions of 44 CFR Chapter 1, Section 65.12,of the National Flood
Insurance Regulations,any of the allowed uses that encroach may be permitted
within the adopted regulatory floodway that would result in an increase in Base
Flood Elevations,provided that the applicant first applies for a CLOMR and
floodway revision through FEMA.
g. Buried utilities.
h. Domestic and municipal intake structures.
i. Whitewater and recreation parks.
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Mobile Home Parks and Recreational Vehicle Parks. The provisions of this section shall apply
to all mobile home parks and recreational vehicle parks currently in the FO zone district,or
proposed to be in the FO zone district.
1. Anchors. Use of existing mobile homes within the floodway,the flood fringe or a flood-
prone area may be continued as a nonconforming use provided,however,that any mobile
home located within the floodway,the flood fringe and/or a flood-prone area shall be
anchored to resist flotation,collapse or lateral movement in the event of flooding by
providing over-the-top and frame ties to ground anchors. Specific requirements shall be as
follows:
a. Over-the-top Ties. Over-the-top ties be provided at each of the four corners of
the mobile home with two additional ties per side at intermediate locations,with
mobile homes less than fifty(50)feet long requiring one additional tie per side.
b. Frame Ties. Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points,with homes less than fifty(50)feet
long requiring four additional ties per side.
c. Components. All components of the anchoring system be capable of carrying a
force of 4,800 pounds.
d. Additions. Any additions to the home be similarly anchored.
2. New Mobile Homes in the Floodplain. Development of new mobile home parks,the
expansion of any existing mobile home parks,the placement of any mobile homes outside
a mobile home park within the floodway,flood fringe or a flood-prone area shall be
prohibited.
3. Lowest Floor Above the BFE. All new mobile homes or those to be substantially
improved shall be elevated on a permanent foundation such that the lowest floor of the
mobile home is one foot above the BFE.
4. Recreational Vehicles. Recreational vehicles that meet the following conditions may be
located in the flood fringe:
a. The recreational vehicle is located on the site for fewer than one hundred eighty
(180)consecutive days.
b. The recreational vehicle is fully licensed and ready for highway use. A
recreational vehicle is ready for highway use if it is on its wheels or jacking
system,is attached to the site only by quick disconnect type utilities and security
devices,and has no permanently attached additions.
c. Meet the permit requirements of section 3-350 N, and the elevation and anchoring
requirements for"manufactured homes"in section 3-350 G 4 e.
J. Alteration of a Watercourse.For all proposed developments that alter a watercourse within a
Spacial Flood Hazard Area,the following standards apply:
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1. Channelization and flow diversion projects shall appropriately consider issues of sediment
transport,erosion,deposition,and channel migration and properly mitigate potential
problems through the project as well as upstream and downstream of any improvement
activity.A detailed analysis of sediment transport and overall channel stability should be
considered,when appropriate,to assist in determining the most appropriate design.
2. Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.
3. Any channelization or other stream alteration activity proposed by a project proponent
must be evaluated for its impact on the regulatory floodplain and be in compliance with all
applicable Federal, State and local floodplain rules,regulations and ordinances.
4. Any stream alteration activity shall be designed and sealed by a Colorado Licensed
Professional Engineer or Certified Professional Hydrologist.
5. All activities within the regulatory floodplain shall meet all applicable Federal, State and
FO zone district floodplain requirements and regulations.
6. Within the Regulatory Floodway,stream alteration activities shall not be constructed
unless the project proponent demonstrates through a Floodway analysis and report,sealed
by a Colorado Licensed Professional Engineer,that there is not more than a 0.00-foot rise
in the proposed conditions compared to existing conditions Floodway resulting from the
project,otherwise known as a No-Rise Certification,unless the community first applies for
a CLOMR and Floodway revision in accordance with section 3-350 H.
7. Maintenance shall be required for any altered or relocated portions of watercourses so that
the flood-carrying capacity is not diminished.
K. Properties Removed from the Floodplain by Fill.A Floodplain Development Permit shall not
be issued for the construction of a new structure or addition to an existing structure on a property
removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill
(LOMR-F),unless such new structure or addition complies with the following_
1. Residential Construction.The lowest floor(including basement),electrical,heating,
ventilation,plumbing,and air conditioning equipment and other service facilities
(including ductwork),must be elevated to one foot above the Base Flood Elevation that
existed prior to the placement of fill.
2. Nonresidential Construction.The lowest floor(including basement),electrical,heating,
ventilation,plumbing,and air conditioning equipment and other service facilities
(including ductwork),must be elevated to one foot above the Base Flood Elevation that
existed prior to the placement of fill,or together with attendant utility and sanitary
facilities be designed so that the structure or addition is watertight to at least one foot
above the base flood level that existed prior to the placement of fill with walls
substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
L. Subdivision Proposals.All subdivision proposals including the placement of manufactured home
parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other
development proposal is in a flood-prone area,the proposal shall minimize flood damage.
LAND USE REGULATIONS 3-78 EAGLE COUNTY,COLORADO
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1. All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Floodplain Development Permit
requirements of section 3-350 N.
2. Base Flood Elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions
which is greater than 50 lots or 5 acres,whichever is lesser,if not otherwise provided
pursuant to section 3-350 C or section 3-350 D 1.
3. ! All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
4. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer,gas,electrical and
water systems located and constructed to minimize or eliminate flood damage.
M. Critical Facilities.A Critical Facility is a structure or related infrastructure,but not the land on
which it is situated,as specified in Section 3-350 M 1,that if flooded may result in significant
hazards to public health and safety or interrupt essential services and operations for the community
at 4ny time before,during and after a flood.
1. Classification of Critical Facilities.It is the responsibility of the local government
having jurisdiction to identify and confirm that specific structures in their community meet the
fol owing criteria:
Critical Facilities are classified under the following categories: (a)Essential Services; (b)
H4ardous Materials; (c)At-risk Populations;and(d)Vital to Restoring Normal Services.
a. Essential services facilities include public safety,emergency response,emergency
medical,designated emergency shelters,communications,public utility plant
facilities,and transportation lifelines.
These facilities consist of:
(1) Public safety(police stations, fire and rescue stations,emergency vehicle
and equipment storage,and,emergency operation centers);
(2) Emergency medical(hospitals,ambulance service centers,urgent care
centers having emergency treatment functions,and non-ambulatory
surgical structures but excluding clinics,doctor's offices,and non-urgent
care medical structures that do not provide these functions);
(3) Designated emergency shelters;
(4) Communications(main hubs for telephone,broadcasting equipment for
cable systems,satellite dish systems,cellular systems,television,radio,
and other emergency warning systems,but excluding towers,poles,lines,
cables,and conduits);
(5) Public utility plant facilities for generation and distribution(hubs,
treatment plants,municipal wells, substations and pumping stations for
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water,power and gas,but not including towers,poles,power lines,buried
pipelines,transmission lines,distribution lines,and service lines);and
(6) Air Transportation lifelines(airports(municipal and larger),helicopter
pads and structures serving emergency functions,and associated
infrastructure(aviation control towers,air traffic control centers,and
emergency equipment aircraft hangars).
Specific exemptions to this category include wastewater treatment plants
(WWTP)and appurtenant facilities,non-potable water treatment and distribution
systems, and hydroelectric power generating plants and related appurtenances.
Public utility plant facilities may be exempted if it can be demonstrated to the
satisfaction of the local government having jurisdiction that the facility is an
element of a redundant system for which service will not be interrupted during a
flood. At a minimum,it shall be demonstrated that redundant facilities are
available(either owned by the same utility or available through an
intergovernmental agreement or other contract)and connected,the alternative
facilities are either located outside of the 100-year floodplain or are compliant
with the provisions of this article,and an operations plan is in effect that states
how redundant systems will provide service to the affected area in the event of a
flood. Evidence of ongoing redundancy shall be provided to the local government
having jurisdiction on an as-needed basis upon request.
b. Hazardous materials facilities include facilities that produce or store highly
volatile,flammable,explosive,toxic and/or water-reactive materials.
These facilities may include:
(1) Chemical and pharmaceutical plants(chemical plant,pharmaceutical
manufacturing);
(2) Laboratories containing highly volatile,flammable,explosive,toxic
and/or water-reactive materials;
(3) Refineries;
(4) Hazardous waste storage and disposal sites;and
(5) Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store
materials in excess of threshold limits. If the owner of a facility is required by the
Occupational Safety and Health Administration(OSHA)to keep a Material Safety
Data Sheet(MSDS)on file for any chemicals stored or used in the work place,
AND the chemical(s)is stored in quantities equal to or greater than the Threshold
Planning Quantity(TPQ) for that chemical,then that facility shall be considered
to be a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the
TPQ listed(whichever is lower)for the 356 chemicals listed under 40 C.F.R.
302(2010),also known as Extremely Hazardous Substances(EHS); or 10,000
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pounds for any other chemical. This threshold is consistent with the requirements
for reportable chemicals established by the Colorado Department of Health and
Environment. OSHA requirements for MSDS can be found in 29 C.F.R. 1910
(2010). The Environmental Protection Agency(EPA)regulation"Designation,
Reportable Quantities, and Notification,"40 C.F.R. § 302(2010)and OSHA
regulation"Occupational Safety and Health Standards,"29 C.F.R. $ 1910(2010)
are incorporated herein by reference and include the regulations in existence at the
time of the promulgation this ordinance,but exclude later amendments to or
editions of the regulations
Specific exemptions to this category include:
(6) Finished consumer products within retail centers and households
containing hazardous materials intended for household use,and
agricultural products intended for agricultural use.
(7) Buildings and other structures containing hazardous materials for which it
can be demonstrated to the satisfaction of the local authority having
jurisdiction by hazard assessment and certification by a qualified
professional(as determined by the local jurisdiction having land use
authority)that a release of the subject hazardous material does not pose a
major threat to the public.
(8) Pharmaceutical sales,use,storage,and distribution centers that do not
manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also
function as Critical Facilities under another category outlined in this section.
c. At-risk population facilities include medical care,congregate care, and schools.
These facilities consist of:
(1) Elder care(nursing homes);
(2) Congregate care serving 12 or more individuals(day care and assisted
living);
(3) Public and private schools(pre-schools,K-12 schools),before-school and
after-school care serving 12 or more children);
d. Facilities vital to restoring normal services including government operations.
These facilities consist of:
(1) Essential government operations(public records,courts,jails,building
permitting and inspection services,community administration and
management,maintenance and equipment centers);
(2) Essential structures for public colleges and universities(dormitories,
offices,and classrooms only).
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These facilities may be exempted if it is demonstrated to the local government
having jurisdiction that the facility is an element of a redundant system for which
service will not be interrupted during a flood.At a minimum,it shall be
demonstrated that redundant facilities are available(either owned by the same
entity or available through an intergovernmental agreement or other contract),the
alternative facilities are either located outside of the 100-year floodplain or are
compliant with this ordinance,and an operations plan is in effect that states how
redundant facilities will provide service to the affected area in the event of a flood.
Evidence of ongoing redundancy shall be provided to the local government
having jurisdiction on an as-needed basis upon request.
2. Protection for Critical Facilities.All new and substantially improved Critical Facilities
and new additions to Critical Facilities located within the Special Flood Hazard Area shall
be regulated to a higher standard than structures not determined to be Critical Facilities.
For the purposes of this section,protection shall include one of the following:
a. Location outside the Special Flood Hazard Area:or
b. Elevation of the lowest floor or floodproofing of the structure,together with
attendant utility and sanitary facilities,to at least two feet above the Base Flood
Elevation.
Ingress and Egress for New Critical Facilities.New Critical Facilities shall,when
practicable as determined by the local government having jurisdiction,have continuous
non-inundated access(ingress and egress for evacuation and emergency services)during a
100-year flood event.
JN. Floodplain Development Permit. A floodplain development permit shall be obtained from the
- ;; •:•-• .. • : - • : Floodplain Administrator before the start of construction or
development within the FO zone district.
1. Contents of Floodplain Development Permits. Applications for floodplain
development permits are to be submitted to the Fleedplaifilanagemefkt
Adff:dftistfaterFloodplain Administrator and shall include the following information as
applicable:
a. Application Form. A completed application form with all necessary information
completed.
b. Site Plan. A plan at a scale of 1"=200' or as approved by the FleeElpktift
Floodplain Administrator,stamped by an engineer
registeredlicensed in the State of Colorado,which includes:
(1) The site location.
(2) A legal description of parcel.
(3) Base flood limits and water surface elevations in relation to mean sea
level.
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(4) Floodway limits.
(5) Channel of watercourse.
(6) Existing and proposed contours or elevations at no more than 2' intervals,
in relation to mean sea level.
(7) Existing and proposed structures,with the lowest floor elevations
(including basements and garages)of each structure.
(8) Proposed elevations in relation to mean sea level to which structures will
be flood proofed(if applicable).
(9) Location and elevations in relation to mean sea level of existing streets,
water supply, and sanitation facilities.
(10) Limits and total land area of all existing and proposed impervious
surfaces,including structures.
(11) Existing water supply ditches,irrigation ditches and laterals.
(12) All maps shall comply with the National Map Accuracy Standards.
c. Channel Cross-Section. A typical cross-section showing:
(1) The channel of the watercourse.
(2) Limits of floodplain adjoining each side of channel.
(3) Cross-section area to be occupied by the proposed development.
(4) Existing and proposed base flood elevations.
d. Construction Specifications. Specifications for construction and materials of
buildings,flood proofing,filling,dredging,grading,channel improvements,
storage of materials,water supply,and sanitation facilities as applicable.
1 Flood s roofin. Certificate.If a.•licable a certificate from a Colorado
Licensed Professional Engineer or Architect that the nonresidential
floodproofed structure shall meet the floodproofing criteria of Section 3-
350G4b.
e. Alteration of Water Course. Description of the extent to which any water
course will be altered or relocated as a result of the proposed development.
f. Floodway Floodplain Development Requirements. If development is proposed
in a floodway then a floodway analysis by a Colorado Registered Licensed
Professional Engineer must be completed using methodology acceptable to the
Federal Emergency Management Agency and Colorado Water Conservation
Board and must meet the following guidelines:
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Article 3
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
(1) If a detailed hydraulic floodway analysis has not been performed,the
responsibility for determining the floodway boundary rests with the
fl development permit ap The d a
hydraulic oodplain floodway analysperis shall bplicant.e the decision nee of the for Flee�detailed�
Floodplain Administrator.
(2) The - ::;: •• • •_--•-- • : -- -•-' : = Floodplain Administrator may
require that the detailed hydraulic floodway analysis be based on the
identical hydraulic model which was used to develop the engineering
study currently adopted by the Board of County Commissioners,if
available. The applicant should obtain,through the Fleedpiftifi
Floodplain Administrator,a copy of the input
data representing the computer model used for the effective flood hazard
study if available.
(3) The model must then be updated to existing hydraulic conditions to
determine what increase in the 100 year water surface elevation levels
have already been achieved by development since the floodplain was
established.
(a) Alternate floodway configurations may then be analyzed based on
methods as outlined in the current U.S.Army Corps of Engineers
HEC-RAS Water Surface Profiles Users Manual and submitted to
the - :::: . . ._---- ,..•. .. . : Floodplain
Administrator for review and approval.
(b) Approval will be based on demonstration that the cumulative
effects of the proposed development,plus the effects of
development since the original flood hazard area was established,
does not cause a rise in the base flood elevation.
(c) At the - :::: :•- :•.: -• • : •• • ; . : Floodplain
Administrator's discretion,where a regulatory floodway has been
designated,it may not be necessary to determine the cumulative
effects of existing development.
(4) Floodway boundary configurations will be examined and approved by the
- :;:: :•- . ._ --- • : - -•• : : Floodplain Administrator. The
following specific information,for the stream reach 1000 feet upstream
and 1000 feet downstream from the proposed encroachment,must be
submitted:
(a) A copy of the printout for the hydraulic computer model
representing the base flood profile run for conditions existing at
the time the currently effective floodplain was developed. The
printout must include the full input and output listing.
(b) A copy of the printout from the hydraulic computer model
representing the floodway run for the proposed floodway
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configuration and including developments and other hydraulic
changes within the floodplain since the currently effective
floodplain was established. The printout must include the full
input and output listing with all input changes from the original
model highlighted.
(c) A copy of the floodway data table representing data for the
proposed floodway configuration.
(d) A copy of the currently effective official engineering study
showing the existing floodplain and the proposed floodway
configuration.
(e) Certification from a Colorado RegisteredLicensed Professional
Engineer that the proposed floodway configuration,in
combination with current floodplain hydraulic conditions,meets
FEMA and CWCB requirements when evaluated against flood
elevations established when the original floodplain study was
completed.
(f) Electronic copies of all aforementioned data and model input files
of this section shall be submitted on a suitable medium. (am
11/13/07)
g. Report. An engineering report addressing those standards set forth in this
section,signed and sealed by a Colorado Registered Licensed Professional
Engineer.
2. Standards for Permit Review.
a. Completeness. No later than(10)days following receipt of a completed
application for a floodplain development permit,the
Ad aterFloodplain Administrator shall:
(1) Determine and set a fee in an amount necessary to cover the costs
incurred in the review and approval or disapproval of the permit
application,including all hearings, copying,mailings,publications,labor,
overhead,consultants,experts,and attorneys that the county deems
necessary,and shall notify the applicant in writing of the amount of the
fee. Until the fee is paid to the Floodplain r,r,.nagement
AdministfatefFloodplain Administrator,the application for the floodplain
development permit shall not be further processed.
(a) Floodplain Development Permit(Minor Fee). For Floodplain
Development Permits that are entirely within the flood fringe
only,are for a single structure or of a simple nature,and do not
require a detailed hydraulic analysis,the minor permit fee shall
apply.
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
(b) Floodplain Development Permit(Major Fee). For all other
Floodplain Development Permits,the major permit fee shall
apply.
(2) Determine if the application is complete. If the application is not
complete the - :::: :•- ''•- - ••-. • :..•-• - • = Floodplain
Administrator shall in writing notify the applicant of the deficiency of the
application. Until the information is submitted to the Fleedpl-aiR
_ -- : -•.•- : Floodplain Administrator,the application for
the floodplain development permit shall not be further processed.
(3) The amount of the fee may be increased at any time if it is determined by•the - ..•- • _ • -- • • • Floodplain Administrator that
the fee is not sufficient to cover all costs associated with the floodplain
development permit.
b. Review of Application. Once the application is complete and the fee is paid,the
- _ -- .•-• . . : Floodplain Administrator shall within
thirty(30)days either:
(1) Approve the application and grant a permit if the proposed development
complies with these regulations. The
AdiftifkistrittecFloodplain Administrator may attach such permit conditions
as deemed necessary in furthering the purpose of the FO zone district.
(2) Deny the application if the proposed development does not comply with
the regulations of the FO zone district. The decision of the FleeElplaiii
Mariagement-AdmimistraterFloodplain Administrator shall state,in
writing,reasons for the decision and shall be given to the applicant.
c. Factors determining permit issuance.Approval or denial of a Floodplain
Development Permit by the Floodplain Administrator shall be based on all of the
provisions of this ordinance and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(3) The danger that materials may be swept onto other lands to the injury of
others;
_ (4) The compatibility of the proposed use with existing and anticipated
development;
(5) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(6) The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,and
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public utilities and facilities such as sewer,gas,electrical and water
systems;
(7) The expected heights,velocity,duration,rate of rise and sediment
transport of the flood waters and the effects of wave action,if applicable,
expected at the site;
(8) The necessity to the facility of a waterfront location,where applicable;
(9) The availability of alternative locations,not subject to flooding or erosion
damage,for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan for that
area.
ed. Permit Issued Only for Allowed Use. A floodplain development permit shall
not be issued unless the proposed development complies with the standards and
uses allowed in the FO zone district and will not otherwise violate the purposes
and intent of these Floodplain Regulations.
de. Determination of Flood Hazard. In reviewing an application for a floodplain
development permit,the - .... .•- . _ -•-- . . Floodplain
Administrator shall determine the specific flood hazard at the site and shall
evaluate the suitability of the proposed use in relation to the flood hazard.
ef. Other Permits and Approvals. The floodplain development permit applicant
must obtain all other necessary permits and approvals from which approval is
required by local,Federal or State law,including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334.
g. Issuance of Permit. If the - .... . - . -- . •-• . . Floodplain
Administrator determines that the application for a floodplain development permit
meets the purposes and requirements of this Section,the floodplain development
permit shall be issued,with the attachment of any conditions as deemed necessary
to further the purposes of this Section. Such conditions may include,but are not
limited to,specifications for modification of waste disposal methods and facilities,
landscaping,periods of operation,operational controls,sureties,deed restriction,
and adequate flood proofing.
h. Maintain Records.All floodplain development permits will be maintained and
copies will be stored for future referral.
3. Building Permit. The Chief Building Official shall not issue any permit for,nor shall the
Planning Director allow any use involving any building,structure,or other development
within the FO zone district unless a floodplain development permit has been granted for
the development.
4. Permit Expiration. A floodplain development permit shall expire two years after the
date of issuance if the permittee has not commenced construction under the permit.
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5. Waiver of Submission Requirements. The Floodplain Management
Administr-atefFloodplain Administrator may waive any part but not all of the submission
requirements imposed by the FO zone district upon petition by the applicant that a portion
of the submission requirements is inapplicable to the development for which the permit is
sought,and/or full compliance with the submission requirements would be unreasonable
burdensome for the applicant and that the proposed development will have an
insubstantial impact on the surrounding area. Such a waiver may be granted,after due
consideration by the - ::.. . _ --. --•- . : Floodplain Administrator,
upon written determination that the information to be submitted is sufficient for the
- .... .•• . _...- . ••• . : Floodplain Administrator to arrive at a permit
decision in full compliance with the law and these Floodplain Regulations and that the
proposed development will have an insubstantial impact on the surrounding area.
6. Notice to Purchaser or Lessee. In addition to the provisions set forth in the
Administrative Regulations,in the event that a permit issued under these Floodplain
Regulations allows a structure to be located in a floodplain,the terms of the permit shall
require notice that the structure is being located in a floodplain and must be disclosed to
the purchaser or lessee in the purchase contract,deed or lease.
7. Permit Conditions. The - :::: .• _ --- --•-•- . : Floodplain Administrator
may attach such conditions to granting of a permit for proposed development in the
floodway,the flood fringe or a flood-prone area,as he deems necessary in furthering the
purposes of these Floodplain Regulations. Such conditions may include,but not be
limited to,specifications for modifying waste disposal and water supply facilities,
landscaping,deed restrictions,or adequate flood proofing.
Floodplain Variances. The provisions of this section shall apply to requests for variances from
the requirements of the flood overlay zone district. For the purpose of this section,the Zoning
Board of Variance shall be served as the Appeal Board.
1. The Appeal Board shall hear and render judgment on requests for variances from the
requirements of this ordinance.
2. The Appeal Board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement,decision,or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
3. Any person or persons aggrieved by the decision of the Appeal Board may appeal such
decision in the courts of competent jurisdiction.
4. The Floodplain Administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
5. Variances may be issued for the reconstruction,rehabilitation or restoration of structures
. . -- _ : • -• - - -• .- ' - . -- _ : - . .-. . -.3toric Places,
without regard to the procedures set forth in the remainder of this ordinance.
6. Variances may be issued for new construction and substantial improvements to be erected
on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
LAND USE REGULATIONS 3-88 EAGLE COUNTY,COLORADO
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structures constructed below the base flood level,providing the relevant factors in Section
3-350 K have been fully considered.As the lot size increases beyond the one-half acre,the
technical justification required for issuing the variance increases.
7. Upon consideration of the factors noted above and the intent of this ordinance,the Appeal
Board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance as stated in Section 3-350 K.
8.1 Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
10. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary,considering the flood hazard,to afford relief.
b. Variances shall only be issued upon:
(1) Showing a good and sufficient cause;
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant,and
(3) A determination that the granting of a variance will not result in increased
flood heights,additional threats to public safety,extraordinary public
expense,create nuisances,cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
(4) A determination that the granting of a variance is necessary to avoid a
direct conflict with the terms and conditions of any state or federal permit,
provided,that, any requirement in this Floodplain Overlay Zone District
Section that is more stringent than a state or federal permit term or
condition,than the Floodplain Overlay Zone District Section shall take
precedence.
c. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the
Base Flood Elevation,and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
11. Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a Functionally Dependent Improvement
provided that:
a. The criteria outlined in section 3-350 0 are met,and
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ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT
b. The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
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ARTICLE 5: ADMINISTRATION
ARTICLE 5
ADMINISTRATION
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EXHIBIT A Page A61 of 63
ARTICLE 5: ADMINISTRATION 5-270.SUBDIVISION EXEMPTION
e. Not Detrimental to the Public Good. Granting the variance will not cause
substantial detriment to the public good.
f. Variance Will Not Impair the Zoning Plan and Resolutions. Granting the
variance will not substantially impair the intent and purpose of the zone plan and the
zoning resolutions.
3. Solar Energy Devices Considered. In determining whether difficulties to,or hardship upon,
the owner of the subject property exist,the adequacy of access to sunlight for solar energy
devices installed on or after January 1, 1980 may properly be considered.
4. Is Exempt From Prosecution. No appeal to the Board of Adjustment shall be allowed for
building use violations that may be prosecuted pursuant to Section 30-28-124(1)(b) of the
Colorado Revised Statutes.
5. Conditions and Restrictions. The Zoning Board of Adjustment may, in approving a
Variance Permit,impose restrictions and conditions on the approval it determines are required
by the general goals,objectives and policies of the Comprehensive Plan an these Land Use
Regulations in order to prevent,or to minimize,adverse effects from the Variance Permit on
other lands in the neighborhood or on the general health,safety,and welfare of the County.
(am 9/27/99)(am 11/08/05)
G. Variance from Improvement Standards
1. General. The Board of County Commissioners shall have the authority to approve,approve
with conditions,or disapprove variances from Article 4,Division 6,Improvement Standards.
Any person seeking a variance from the improvement standards shall file an application with
the Planning Director, or shall consolidate said application with any other application the
applicant is submitting. The application shall be determined sufficient, and a staff report
prepared pursuant to Section 5-210.D, Common Procedure for Review of Applications.
2. Standards. In determining whether to approve, approve with conditions,or disapprove the
application for Variance to Improvement Standards, the Board of County Commissioners
shall balance the hardships to the applicant of not granting the Variance against the adverse
impact on the health, safety, and welfare of persons affected,and the adverse impact on the
lands affected.In approving or approving with conditions said Variance,the Board of County
Commissioners may impose such conditions that are necessary to ensure compliance with the
terms of this Subsection,these Regulations,and the Comprehensive Plan. (am 11/08/05)
Floodplain Variance
1. General. See Section 3-350 K for floodplain variances.
SECTION 5-270. SUBDIVISION EXEMPTION
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ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION
SECTION 5-280. SUBDIVISION
A. Purpose and Intent. The purpose of this Section is to establish the minimum standards for the
division of land and improvement of that land in unincorporated Eagle County:
1. General. Establish reasonable and equitable procedures and standards for the subdivision of
land.
2. Safe and Convenient Traffic Circulation. Require the provision of safe and convenient
vehicular and pedestrian traffic circulation.
3. Adequacy of Public Facilities. Ensure that public facilities are available to serve
development.
4. Conserve and Manage Natural Resources. Conserve and manage natural resources.
5. Minimize Air and Water Pollution. Minimize the impacts of air and water pollution and
the degradation of land.
6. Open Space. Provide for open space and recreational land through efficient and appropriate
subdivision design.
7. Conformance with Comprehensive Plan and Land Use Regulations. Guide future growth
and development in substantial conformance with the purposes,intents,goals and policies of
the Eagle County Comprehensive Plan,Area Community Plans,and any applicable ancillary
County adopted documents pertaining to natural resource protection,affordable housing,or
infrastructure management,and other applicable provisions of these Land Use Regulations.
(am 11/08/05)(am 05/08/12)
8. . Safety From Fire,Flood,and Other Disasters. Maintain or improve safety from fire,flood
and other potential disasters ,including all flooding requirements per section 3-350.L.
9. Adequate Light,Air,and Privacy.. Provide adequate light,air,and privacy for land uses.
10 Recording. Ensure that the subdivision of lands is recorded with proper legal descriptions
and monuments. (am 3/12/02)
B. Procedures.
1. Overview of Procedures. Unless exempted pursuant to Section 5-280.B.2, Exemptions,
prior to the division or transfer of land within unincorporated Eagle County,an applicant shall
obtain approval for a Sketch Plan,Preliminary Plan and Final Plat for Subdivision pursuant to
the procedures and standards of this Section.
a. Sketch Plan. The purpose of sketch plan review is for the applicant,the County and
the public to evaluate and discuss the basic concepts for development of the proposed
subdivision,and to consider whether there are any alternative concepts the applicant
should explore. It is the time when determinations should be made as to whether the
proposed subdivision substantially complies with these Land Use Regulations and is
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ARTICLE 5: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION
a. Conservation/Agricultural Lands Tract. The design of a Conservation
Subdivision shall result in the creation of a contiguous tract of land that is no less
than 67%of the property covered by the application,excluding floodplains,utility
corridors and established rights of way,which will remain in an undeveloped state.
To the greatest extent possible,this Tract shall contain the following:
(1) Lands of existing agricultural production,including irrigated fields,pastures
or croplands.
(2) Identified wildlife habitat and wildlife migration corridors, or buffer zones
necessary to protect the same.
(3) Streams,drainages,wetlands,ground water recharge areas and riparian
habitats.
(4) Lands of significant scenic or cultural value.
(5) Natural hazard areas including steep slopes,floodplains,debris flow paths and
avalanche paths ,including all flooding requirements per section 3-350.L.
(6) Unique landforms or topographic features.
b. Building Envelopes. All residential and accessory residential structures within a
Conservation Subdivision shall be located within building envelopes,each of which is
no more than three(3)acres in size,and located on that portion of the property deemed
most suitable for development. Building envelopes shall be indicated on the Final Plat
for the subdivision.
4. Shared Septic Systems. If septic systems are to be used for waste water disposal, shared
septic systems are encouraged to the extent determined to be practicable by the Eagle County
Environmental Health Department. Demonstration of an maintenance program shall be
provided which is determined by the Eagle County Environmental Health Department to be
adequate.
5. Maximum Size of Dwelling Units
a. Primary Dwelling Units.Primary dwelling units shall be limited to a maximum
floor area of 5,000 square feet.
b. Accessory Dwelling Units.Accessory dwelling units shall conform to the
provisions of Section 3-310.A.,Accessory Dwelling Unit.
3. Residential Building Sites not in a Cluster. On parcels larger than 70 acres in the
Resource Zone district, and on parcels larger than 40 acres in the Resource Limited Zone
district,one residential building site may be located outside the grouped lots. All
residential and accessory residential structures associated with this isolated building site
must be located within a designated building envelope,as indicated on the final plat for
the subdivision. The area of the building envelope shall not count in the calculation of
acreage required for the Conservation/Agricultural Use Tract. Unless pre-existing,the
location of this building site should also conform to the greatest extent possible to
established Conservation Subdivision Criteria.
4. Maximum number of Dwelling Units Per Cluster. The maximum number of home
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