Thinking Allowed.............
CUSTER COUNTY
ZONING RESOLUTION
The text in red are suggested improvements to the proposed Zoning resolution made by Arthur Vyn Boennighausen on August 20th, 2001. Feel free to share these Ideas with other members of our Community. All other text is the verbatum draft prepared by Lincoln Lippencott and the folks at the Westcliffe planning and zoning office.
Arthur Vyn Boennighausen
365 Willow Drive, Sierra Mojada West
Westcliffe, Colorado 81252
E-mail: arthurvb@qwest.net
Web: http://sangre-de-cristo.com
Toll Free: 1-866-SANGRES
Credentials: http://sangre-de-cristo.com/westcliffe/hummingbird_engineering
prepared for the
Custer County
Board of Commissioners
by the
CUSTER COUNTY PLANNING COMMISSION,
BOARD OF ZONING ADJUSTMENT,
PLANNING AND ZONING OFFICE and
INTERESTED COMMUNITY MEMBERS
2001
Table of Contents
HISTORY OF THE ZONING RESOLUTION vii
INTRODUCTION viii
CUSTER COUNTY: ITS UNIQUE ASSETS viii
ZONING DISTRICTS viii
USES BY RIGHT AND SPECIAL USES ix
SUMMARY: THE ZONING RESOLUTION ix
SECTION 1 Section 1 Pg. 1
TITLE Section 1 Pg. 1
1.1 Title Section 1 Pg. 1
1.2 Short Title Section 1 Pg. 1
SECTION 2 Section 2 Pg. 2
GENERAL PROVISIONS Section 2 Pg. 2
2.1 General Purpose Section 2 Pg. 2
2.2 Authority Section 2 Pg. 2
2.3 Amending the Zoning Resolution Section 2 Pg. 2
2.4 Transitional Provisions for new regulations Section 2 Pg. 3
2.5 Establishment of Zoning Districts Section 2 Pg. 3
2.6 Zoning Map and Boundaries Section 2 Pg. 3
2.7 County Plat Standards Section 2 Pg. 3
2.8 Establishment of Vested Property Rights Section 2 Pg. 4
2.9 Rules of Language Construction Section 2 Pg. 4
2.10 Interpretation Section 2 Pg. 5
2.11 Severability Clause Section 2 Pg. 5
2.12 Conflict Section 2 Pg. 5
SECTION 3 Section 3 Pg. 6
DEFINITIONS Section 3 Pg. 6
SECTION 4 Section 4 Pg. 18
ZONING AUTHORITIES Section 4 Pg. 18
4.1 Board of County Commissioners Section 4 Pg. 18
4.2 Planning Commission Section 4 Pg. 18
4.3 Board of Zoning Adjustment Section 4 Pg. 21
4.4 Planning and Zoning Office Section 4 Pg. 25
4.5 Chairman, Joint Meeting Section 4 Pg. 26
SECTION 5 Section 5 Pg. 27
RIGHT TO RANCH AND FARM Section 5 Pg. 27
SECTION 6 Section 6 Pg. 28
COUNTY STANDARDS AND REQUIREMENTS Section 6 Pg. 28
6.1 Sanitation Requirements Section 6 Pg. 28
6.2 Required Setbacks Section 6 Pg. 28
6.3 Maximum Building Height Section 6 Pg. 28
6.4 Building Height Benchmark Section 6 Pg. 29
6.5 Permitted Signs and Advertising Devices Section 6 Pg. 29
6.6 Factory Built Home Regulation Section 6 Pg. 31
6.7 Wildlife Review Requirements Section 6 Pg. 31
SECTION 7 Section 7 Pg. 33
ZONING DISTRICT REGULATIONS Section 7 Pg. 33
7.1 Regulations Common to All Zoning Districts Section 7 Pg. 33
7.1.1 Uses Allowed by Right Section 7 Pg. 33
7.1.2 Special Uses Allowed by Permit Only Section 7 Pg. 33
7.1.3 Zoning Permits Required Section 7 Pg. 33
7.2 Custer County Zoning Districts Section 7 Pg. 34
Zone I. Grape Creek District Section 7 Pg. 34
Minimum Lot Area Section 7 Pg. 34
Zone II. Sangre de Cristo District Section 7 Pg. 34
Minimum Lot Area Section 7 Pg. 34
Zone III. Wet Mountain and Hardscrabble District Section 7 Pg. 34
Minimum Lot Area Section 7 Pg. 34
Zone IV. Foothills District Section 7 Pg. 34
Minimum Lot Area Section 7 Pg. 34
SECTION 8 Section 8 Pg. 35
ZONING PROCEDURES Section 8 Pg. 35
8.1 Zoning Permit Section 8 Pg. 35
8.2 Closing an Open Permit/Compliance Inspection Section 8 Pg. 36
8.3 Use Tax Section 8 Pg. 37
8.4 Records Section 8 Pg. 38
8.5 Public Notice and Hearing Procedures Section 8 Pg. 38
8.6 Application Procedure for Special Use Permits Section 8 Pg. 38
8.7 Wildlife Review Procedure Section 8 Pg. 40
8.8 General Amendment Procedure Section 8 Pg. 41
8.8.1 Amendments to change the Zoning Classification
Section 8 Pg. 428.9 Private Access onto Public Rights-of Way Section 8 Pg. 43
SECTION 9 Section 9 Pg. 45
NON-CONFORMING USES, STRUCTURES AND LOTS Section 9 Pg. 45
9.1 Non-conformance Section 9 Pg. 45
9.2 Change in Non-conforming Use Section 9 Pg. 45
9.3 Expansion or Enlargement Section 9 Pg. 45
9.4 Repairs and Maintenance Section 9 Pg. 45
9.5 Restoration or Replacement Section 9 Pg. 46
9.6 Discontinuance Section 9 Pg. 46
9.7 Special Exceptions Section 9 Pg. 46
9.8 Non-conforming Lots Section 9 Pg. 47
SECTION 10 Section 10 Pg. 48
REGULATION OF OTHER USES Section 10 Pg. 48
10.1 Special Uses Allowed by Permit Only Section 10 Pg. 48
10.2 Regulation of Special Uses Section 10 Pg. 48
10.3 Procedures for Special Use Section 10 Pg. 48
10.4 Fees for Special Use Applications Section 10 Pg. 48
10.5 Performance Bonds Required Section 10 Pg. 49
10.6 Supplementary Regulations Section 10 Pg. 49
10.7 Special Use Submission Requirements and Criteria Section 10 Pg. 50
10.8 Accessory Use Standards Section 10 Pg. 51
10.9 A Home Occupation Section 10 Pg. 51
SECTION 11 Section 11 Pg. 53
PLANNED UNIT DEVELOPMENT Section 11 Pg. 53
11.1 Authorization Section 11 Pg. 53
11.2 Purpose and Intent Section 11 Pg. 53
11.3 PUD Requires a Permit Section 11 Pg. 53
11.4 Permit Procedures for a PUD Section 11 Pg. 54
11.5 Objectives Section 11 Pg. 55
11.6 Acceptable Uses and Unacceptable Uses Section 11 Pg. 55
11.7 PUD Standards Section 11 Pg. 56
11.8 PUD Plan Section 11 Pg. 57
11.9 Requirements Regarding Density and Design Section 11 Pg. 60
11.10 Fees Section 11 Pg. 61
11.11 Modification of an Approved PUD Section 11 Pg. 61
SECTION 12 Section 12 Pg. 62
LAND USE INCENTIVES Section 12 Pg. 62
12.1 Cluster Developments Section 12 Pg. 62
12.2 Conservation Easements Section 12 Pg. 62
12.3 Other Incentives Section 12 Pg. 63
SECTION 13 Section 13 Pg. 64
ENFORCEMENT AND PENALTIES Section 13 Pg. 64
13.1 Enforcement Section 13 Pg. 64
13.2 Complaints Section 13 Pg. 64
13.3 Notification Section 13 Pg. 64
13.4 Penalty Section 13 Pg. 64
SECTION 14 Section 14 Pg. 66
ADMINISTRATIVE VARIANCE PROCESS FOR TAKINGS Section 14 Pg. 66
APPENDIX A Appendix Pg. 67
PLAT STANDARDS Appendix Pg. 67
A.1 Minimum State Requirements Appendix Pg. 67
A.2 County Requirements Appendix Pg. 68
APPENDIX B Appendix Pg. 69
BUILDING HEIGHT BENCHMARK STANDARDS Appendix Pg. 69
B.1 Site Requirements Appendix Pg. 69
B.2 Plot Plan (Submittal) Requirements Appendix Pg. 70
B.3 Planning and Zoning Office Requirements Appendix Pg. 71
APPENDIX C Appendix Pg. 72
REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT Appendix Pg. 72
C.1 General Procedures Appendix Pg. 72
C.2 Submission Requirements for Each Phase of the PUD Plan
Appendix Pg. 74C.2.1 Sketch Plan Appendix Pg. 74
C.2.2 Preliminary Plan Appendix Pg. 74
C.2.3 Final Plan Approval for PUD Appendix Pg. 77
APPENDIX D Appendix Pg. 80
COMPLIANCE INSPECTION Appendix Pg. 80
D.1 Purpose Appendix Pg. 80
D.2 Criteria Appendix Pg. 80
D.3 Procedure Appendix Pg. 80
APPENDIX E Appendix Pg. 83
MEETING PROCEDURES Appendix Pg. 83
APPENDIX F Appendix Pg. 84
WILDLIFE REVIEW PROCEDURE Appendix Pg. 84
F.1 Application Procedure Appendix Pg. 84
F.2 Submission Requirements for a Wildlife Review Appendix Pg. 85
F.3 Mitigation Standards Appendix Pg. 86
APPENDIX G Appendix Pg. 88
COMMON ACRONYMS Appendix Pg. 88
APPENDIX Z Appendix Pg. 89
ZONING DISTRICT MAP Appendix Pg. 89
ENACTMENT CLAUSE
Upon approval and adoption by the Board of County Commissioners of Custer County, a certified copy of this Amended Resolution and of the Official Zoning Map shall be filed, according to law, in the office of the County Clerk and Recorder of the County of Custer. This Amended Resolution shall become of full force and effect as of the date of its adoption, this being the _____ day of __________ 2001.
Attest:
__________________________
Debbie Livengood
County Clerk and Recorder
Board of County Commissioners
of Custer County:
________________________________
Dale Hoag
Chairman
________________________________
Larry Handy
________________________________
Dick Downey
Date filed with the Clerk & Recorder:
HISTORY OF THE ZONING
RESOLUTION
This Zoning Resolution was initially
prepared in a cooperative effort among the Colorado State
Planning Office, the Board of County Commissioners, and citizens
of Custer County.
The preparation of the initial document was financed in part through a comprehensive planning grant from the Department of Housing and Urban Development.
The original Resolution was adopted by the Custer County Commissioners on April 6, 1971.
Periodically since 1971, changes have been adopted.
To the language of the original Resolution:
October 5, 1982 November 2, 1988
July 3, 1984 September 5, 1990
August 24, 1984 May 2, 1995
March 5, 1985 October 2, 1997
April 7, 1987 _______ ___, 2001
To the official zoning map:
April 3, 1973 June 5, 1973
November 15, 1974 August 3, 1977
August 2, 1979 September 4, 1985
July 3, 1986 December 4, 1990
July 2, 1991 June 17, 1992
April 4, 2000 April 3, 2001
The second edition of the Custer County Zoning Resolution, published in the summer of 1991, was the first major format and language revision. The third edition was published in the spring of 1995, and was necessitated by a series of changes adopted in late 1993, 1994, and 1995. The fourth edition was necessitated by a review process, and a series of changes adopted since the last edition in 1995. All editions have been prepared for the Board of County Commissioners by the Custer County Planning Commission, Board of Zoning Adjustment, Planning and Zoning Office and interested community members.
PURPOSE
CUSTER COUNTY: ITS UNIQUE ASSETS
The seven hundred thirty-eight (738) square miles constituting Custer County, presents a land of inspiring beauty and pristine environment. It ranges from the incomparable Sangre de Cristo Mountains on the west, across the lush Wet Mountain Valley, and on into the forested Wet Mountains covering the eastern portions of the County. The population is of comparatively low density, and most of the County's economy is supported by ranching, outdoor recreation, residential construction, tourism, and leisure-time activities. Custer County possesses an array of assets that include a most-cherished natural environment and wildlife habitat, an ecologically-oriented populace with diverse economic interests, and the prime ingredients necessary for an enviable rural life style.
The intent of this resolution is to respect individual property rights, while promoting the health, safety, and general welfare of the residents of Custer County. In addition to the standard zoning considerations such as land use and economy, this resolution relies on the geology, vegetation, physiography, and other natural characteristics of the area, and attempts to protect the natural ecology, while at the same time enabling the use of the land.
With the above considerations in mind, the "zoning districts" in this resolution were mapped primarily on the basis of the physical characteristics of the county. Physically, there are at least five distinct physiographic regions, which can be observed by someone driving through the County. The high Sangre de Cristo mountain area forms one such region, and the rich alluvial valley along Grape Creek forms another. The forested Wet Mountain area forms a third distinct region that includes the area of Lake San Isabel. A fourth physiographic region can be seen in the open, sage-covered area lying between Grape Creek and the Wet Mountain forests. This region includes the popular Lake De Weese Recreation Area and Wildlife Refuge. Finally, a fifth region is formed by the northeast corner of the County, around Hardscrabble Creek. The Wet Mountain and Hardscrabble regions have been combined into one zoning district. The approximate areas covered by these four districts are shown in the accompanying map. (See Appendix Z. The map is intended for demonstration only. It should not be confused with the legal zoning map, a copy of which is on display in the Commissioner's Room in the Custer County Courthouse and recorded in the County Clerk's Office.)
These physiographic regions were combined with additional information such as existing land use and ownership patterns. This combined information was then used to determine the legal zoning district boundaries.
USES BY RIGHT AND SPECIAL USES
Agricultural and residential uses are allowed in every district, but other uses are more restricted. In districts having more varied conditions, a wider range of uses may be allowed, and in all districts, care is taken to allow for potential development.
ALL THESE ALLOWABLE USES REQUIRE DIFFERENT CONTROLS AND SAFEGUARDS. FOR THIS PURPOSE THE ALLOWABLE USES ARE DIVIDED INTO THREE GROUPS IN EACH DISTRICT. THESE GROUPS ARE:
USES ALLOWED BY RIGHT - THE USES LISTED ARE ALLOWED BY RIGHT. ZONING AND SEWAGE DISPOSAL PERMITS ARE REQUIRED. (Refer to Section 7 for Uses Allowed by Right in each zone.)
SPECIAL USES - THE USES LISTED ARE ALLOWED BY SPECIAL USE PERMIT ONLY. SUCH PERMIT MAY BE GRANTED OR DENIED. IF GRANTED, CERTAIN CONDITIONS AND PERFORMANCE STANDARDS MUST BE MET. (Refer to Section 7 for Special Uses allowed in each zone.)
SUMMARY: THE ZONING RESOLUTION
Four districts have been delineated in the Custer County Zoning Resolution, based on geology, vegetative cover, availability of water, and other physical and geological features. Every district has Farming, Ranching and residential as its major types of permitted land uses. These uses, among others, are presently the basis of the County's economy. Additional uses are permitted in the various districts according to each district's physical character, the sensitivity or potential capacity of its natural environment, and the expected demands of County residents. It is hoped that in this manner the values of natural resources and wildlife habitat can be conserved for the general welfare, while providing for suitable development and appropriate uses of the land.
The Zoning Resolution is not an enforcement tool for Subdivision Covenants or Deed Restrictions. Though many covenants and deed restrictions are in harmony with the County's Resolution, they are a civil matter between the land owner and his homeowner's association or the neighboring property owners. It is the responsibility of the land owner to be aware of any encumbrances that may affect his land.
A RESOLUTION ESTABLISHING ZONING DISTRICTS FOR CUSTER COUNTY, COLORADO.
A resolution and map establishing Zoning Districts in Custer County, Colorado, regulating the location and height of structures; the percentage of a lot which may be occupied; the size of lots, open space; the density and distribution of population; and the location and use of land for trade, industry, recreation, or other purposes.
For the purposes of brevity, this Resolution and map shall be known as the Custer County Zoning Resolution.
The original resolution was designed and enacted for the purpose of regulating land use and promoting the health, safety, and general welfare of the residents of Custer County, Colorado.
Modifications have been made to the resolution in order to accommodate the goals listed above, as well as to address additional issues that have arisen. Other modifications may be made, as necessary, to implement the Custer County Master Plan.
In addition, consideration has been given to the physiographic and other natural characteristics of the Districts, and their individual suitability for particular uses, with a view to conserving the values of natural resources and wildlife habitat for the general welfare and encouraging the most appropriate uses of land throughout the County.
The original Custer County Zoning Resolution was authorized by Article 2, Chapter 106, of the Colorado Revised Statutes (C.R.S.), 1963, as amended and was declared to be in accordance with all provisions of those Statutes. Currently, the Custer County Zoning Resolution is authorized under C.R.S. § 30-28-111 and 29-20-101. Development regulation is authorized under Colorado Revised Statute, 30-27-111, 29-20-101 and 24-65.1-101 (HB 1041).
Applications for permits and variances grant authorization to the Planning and Zoning Office to enter applicant's property to ensure compliance with this Resolution.
2.3 Amending the Zoning Resolution:
Amendments to this resolution shall be in accordance with C.R.S. § 30-28-116. Reports and recommendations from the County Planning Commission to the Board of County Commissioners are required prior to the adoption of any such amendment. Proposed amendments shall be adopted by resolution of the Board of County Commissioners. The Planning and Zoning Office shall ensure that all approved amendments are reflected in the official text of the Custer County Zoning Resolution in its next publication.
By order of the Board of County Commissioners, the Appendices of this Resolution may be modified from time to time to meet changing conditions of the County as viewed necessary by the Planning Commission as long as the intent of the Zoning Resolution is not altered.
2.4 Transitional Provisions for new regulations:
This Resolution is effective on the date of its enactment and applies to all applications for approvals or permits under this Resolution submitted after its enactment.
2.5 Establishment of Zoning Districts:
In order to carry out the purposes of this Resolution, Custer County is divided into four (4) zoning districts as follows:
I Grape Creek District ( 160 acre zone)
II Sangre de Cristo District ( 70 acre zone )
III Wet Mountain and Hardscrabble District ( 10 acre zone )
IV Foothills District ( 5 acre zone )
The Board of County Commissioners may create new districts from time to time, as necessitated by changing conditions in the county, after public hearing, review, and recommendation from the Planning Commission.
2.6 Zoning Map and Boundaries:
The location of the zoning districts are shown on the map entitled "Official Zoning Map of Custer County," dated April 6, 1971, and as may be amended thereafter under the provisions of this Resolution. This map, along with explanatory matter thereof, is hereby made a part of this Resolution and is on file in the office of the Custer County Clerk and Recorder and on display in the Commissioners' room at the Custer County Courthouse.
Unless otherwise specified on the Official Zoning Map, district boundary lines are one or more of the following: lot lines; the center lines of streets, alleys, highways, or such lines extended; corporate lines of incorporated areas; natural boundary lines such as streams; or on section lines.
Plats submitted to the Planning and Zoning Office for approval by the Planning Commission and/or Board of County Commissioners must meet both parts A.1 and A.2 of Appendix A at the back of this resolution. Where appropriate the submittal requirements maybe increased or modified.
2.8 Establishment of Vested Property Rights:
Custer County, by Resolution 99-10, has provided procedures necessary to implement the provisions of C.R.S. § 24-68-101 and 103, et seq., as amended, for Vested Property Rights.
Vested Property Rights are the right to undertake and complete a development and use of property under the terms and conditions of a Site Specific Development Plan.
For all developments, a Site Specific Development Plan means: 1) the final approval step, even if in stages, irrespective of its title, including Planned Unit Developments (PUDs) and Subdivisions, which occurs prior to zoning permit application; or 2) special use permit approval where no other prior approval is required for these permits; provided, however, that if the landowner wishes the approval to have the effect of creating vested rights under C.R.S. § 24-68-101 and § 24-68-103.1, and as amended, the landowner must request at time of filing that the approval be considered. Any resolution or motion approving a PUD, subdivision, or special use permit shall specifically designate the approval as a Site Specific Development Plan creating vested rights.
The following shall cause a forfeiture of the vested rights granted for the original Site Specific Development Plan and shall make the approval of the plan null and void:
1. A major amendment to a Site Specific Development Plan that has not been approved by the Planning Commission; or
2. Failure of the developer to complete the development of an approved Site Specific Development Plan within three (3) years of the effective date of approval; or
3. Failure of the developer to comply with any terms of approval of the Site Specific Development Plan.
2.9 Rules of Language Construction:
For the purpose of this resolution and when not inconsistent with the context:
Certain words and phrases are defined; and certain provisions shall be interpreted as herein set out, when not inconsistent with the context. The word "building" includes the word "structure"; the word "person" includes a "firm", "associates", "corporation", "partnership", and "natural person"; the word "used" includes the words "occupied", "arranged", "designed", or "intended to be used"; the word "construct" includes the words "erect", "reconstruct", "alter", "move in", and "move upon".
In interpretation and application, the provisions of this Resolution shall be liberally construed for the promotion of the public health, safety and welfare.
Should any section, clause, or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any part thereof other than the part declared to be invalid.
Whenever the requirements of this Resolution are in conflict with the requirements of any other County ordinance, rule, or regulation, the more restrictive or that imposing the higher standards, shall govern. Private covenants and deed restrictions are not researched or enforced by the Planning and Zoning Office and recourse is a civil matter.
Access: A means of vehicular or pedestrian approach, entry to, or exit from property.
Accessory Structure: A structure detached from, but located on the same piece of property as, a potential or existing dwelling. The gross land area utilized by all accessory structures shall not exceed ten percent (10%) of the gross land area.
Accessory Structure Enclosed: A structure surrounded on all sides by walls, doors and windows and can be closed to the elements. For example, a garage or storage shed.
Accessory Structure Open: A structure that has at least one side open to the elements. For example, a loafing shed or carport.
Accessory Uses: An activity complying with the following conditions:
1. Is operated and maintained under the same ownership;
2. May include home occupations, as defined in Section 10.10.
Access way (Private): Any private access, such as a driveway or a private road, that intersects with a publicly maintained right-of-way.
Acre: A land area of 43,560 square feet.
Adjoining Property: Property that is touching or sharing a common boundary. Lots separated by a road shall be considered adjoining.
Advertising Device: See Sign.
Aggrieved Party: Any person or entity who can demonstrate that his property will be injured by an administrative decision.
Agricultural Use: Cultivating the soil, producing crops or raising livestock. This may include raising, harvesting and selling crops; feeding, breeding, management and sale of, or the products of, livestock, poultry, fur-bearing animals, or honey bees; dairying and the sale of dairy products; or any other agricultural or horticultural use. Agricultural Use does not include operations such as animal shelters, hog farms and feed lots, sawmills or other manufacturing operations nor the retail sales of products from such operations.
Agriculture: The science or art of cultivating the soil, producing crops, and raising livestock.
Alley: A public, dedicated right-of-way used primarily as a service or secondary means of access and egress to the service side of abutting property.
Bathroom: A space containing a wash basin and toilet.
Bedroom: A room with a built-in closet intended for sleeping purposes.
Board: The Board of County Commissioners of Custer County, Colorado, except when context indicates otherwise.
Board of Zoning Adjustment (B.Z.A.): The Board that hears zoning variance requests.
Boundary: A line, which may or may not follow a visible feature, that defines the limits of a geographic entity such as a block, lot, or parcel of land.
Buffer: A strip of land established to separate and protect one type of land use from another, to screen from objectionable noise, smoke or visual impacts, or to provide for future public improvements or additional open space.
Building: Any structure that may be open or enclosed, having a roof supported by columns or walls for the housing of persons, animals, or property of any kind.
Building Height Benchmark: A process for determining the building height relative to natural grade of the land that may be changed by construction of a structure. See Section 6.4 and Appendix B for specifications. (Previously known as Monumentation)
Building Height (Maximum): Both the vertical distance from the high point of the grade at the building perimeter to the high point of the building structure and the vertical distance from the low point of the grade at the building perimeter to the high point of the building structure. The definition of grade at the building perimeter is either the natural grade or the finished grade, whichever is lower in elevation.
Building materials: Any material used in the construction of a structure and permanently affixed thereto, including but not limited to, built-in appliances, fixtures, fixed floor coverings, as well as any obvious or standard construction materials.
Bunk House: Detached living quarters of a permanent type of construction, without kitchen or cooking facilities, clearly subordinate and incidental to the main dwelling on the same lot or parcel, and not to be separately rented, let or leased.
Cemetery: Land used for, or dedicated to, internment of human remains whose location should be platted and recorded.
Closed-in: See Dried-in.
Commercial/Retail: Commercial/Retail means "traditional" sale or rental of goods or services, to walk-in traffic.
Commission: The Custer County Planning Commission.
Compensation (As used in the Wildlife Review Section 6.7 and Appendix F): Replacement of lost wildlife or wildlife habitat values with the same or similar wildlife or wildlife habitat values. Emphasizes providing for or managing resources that are physically or biologically equivalent to those lost resources.
Comprehensive Plan: 1. A plan, or any functional element to a plan as adopted and amended, providing a framework and guide for accomplishing community aspirations and intentions. It states goals and objectives, and recommends courses of action for future growth and development of land, public facilities and services, and environmental protection. For Custer County, this will be referred to as a Master Plan. 2. A plan required as part of the PUD procedures that will consist of the entire concept of the PUD. See Section 8.7, Section 11, and Appendix C.
Conservation Easement: The grant of a property right stipulating that the described land will remain in its natural state and precludes future and additional development.
Construction: On-site erection, fabrication, installation, demolition or removal of any structure, facility, or addition thereto, including site preparation such as clearing of land, earth moving, and blasting.
County: Shall mean Custer County, Colorado.
County Commissioners: The Board of County Commissioners of Custer County, Colorado.
County Engineer: The designated Colorado licensed engineer for Custer County or the County's duly authorized representative.
County Surveyor: The designated Colorado licensed surveyor for Custer County or the County's duly authorized representative.
Covenants: An agreement that protects the land by binding or restricting the land use of present and subsequent purchasers. They are enforced by the land owners involved, usually a homeowner's association through civil court action and not by the County or another public agency.
Deck: A platform, whether free standing or attached to a structure, that is supported by pillars or posts.
Dedication: The intentional appropriation or conveyance of land or an interest in land by the owner to public or private use.
Deed Restriction: A restriction on the use of a lot or parcel that is set forth in a deed and recorded with the County Clerk and Recorder. It is binding on subsequent owners.
Density: The number of dwelling units per unit of land. In these Regulations, density is generally expressed as the number of acres per dwelling unit.
Developer: A person, partnership, joint venture, association, firm, or corporation who shall participate as owner, promoter, designer, or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision.
Development: Any construction or activity which changes the basic characteristics or the use of the land on which the construction or activity occurs. The basic characteristics of the land are deemed changed if the primary utilization of the land changes from one use to another.
District: Land areas that share the same zoning. In this Zoning Resolution there are four (4) districts that are also referred to as Zones. See Section 7.
Dried-in (aka closed in, or finished shell): The structure is erected and enclosed, the windows and doors are installed and the roof is completed.
Dwelling Unit: A building designed to be used or being used as a full or part-time living place that includes both toilet and kitchen facilities, not including: hotels, motels, clubs, boarding houses or any institution, such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint. The term dwelling unit shall also include a factory built home, which has been attached to a permanent foundation or which has been added to the ad valorem tax rolls to be considered as a taxable property.
Easement: Authorization by a property owner for use by third parties for specific purposes.
Emergency Services: The Wet Mountain Valley Volunteer Fire Department, Wetmore Volunteer Fire Department, Custer County Ambulance Corps, Custer County Sheriff's Department or any other emergency organization designated by the Board of County Commissioners.
Engineer: A person licensed as a Registered Professional Engineer by the State of Colorado.
Environment: The physical conditions which exist within an area that include land, air, water, mineral, flora, fauna, noise and objects of historic or aesthetic significance.
Ex Parte Contact: Some form of communication between one party to a proceeding (e.g. an applicant for a permit) and a public official, who has some responsibility for making a decision on that request, concerning the merits of the decision, which occurs outside the formal decision-making process. Such contacts are prohibited and circumscribed by code of ethics to preclude conflicts of interest or appearances of favoritism to one party in a proceeding.
Extractive operations (Mines, sand and gravel): See Mining and Mineral Extraction.
Factory Built Home:
1. Manufactured Home: A home built in a factory, transported in one or more sections and built on a permanent chassis (metal frame) conforming to the regulations established by the United States Department of Housing and Urban Development (HUD).
2. Modular Home: A home built in a factory, transported in one or more sections, and built according to the local building codes (typically the Uniform Building Code (UBC)). A modular home is lifted off the metal transport frame and is attached to a permanent foundation.
3. Mobile home: A factory built home constructed prior to 1977, when the HUD standards were adopted. (Model year 1977 began in mid-summer 1976). Any factory built home constructed prior to 1977 will not be eligible for a dwelling permit in Custer County.
4. Recreational Vehicle: A traveling vehicle typically used for vacation and includes trailers, motor homes, and pop-up campers.
Farming: See Agricultural Use.
Finished shell: See Dried-in.
Flood Hazard Prone Area: An area lying in a flood plain as determined by the best available information.
Flood Plain: An area which is subject to flooding as a result of the occurrence of a regional flood.
Footprint: The area indicating the proposed exterior perimeter of a structure to include eaves, decks and other exterior extensions.
Full-time Resident: Living on the property for more than 6 months per year.
Geologic Hazard: A geologic phenomenon, which is so unfavorable to past, current, or foreseeable construction or land use, as to constitute a significant hazard to public health and safety or to property. Examples include, but are not limited to, avalanches, landslides, rock falls, mud flows, unstable or potentially-unstable slopes, seismic effects, radioactivity or ground subsidence.
Grade: Either natural or finished ground level.
Grazing Load: The number of domestic animals that can graze on the property without damaging the ecosystem. The grazing load can be determined by calculation using metrics collected in the field of Animal Science. The grazing load should include the Wildlife indigenous to the area.
Guest House: See Bunk House, if applicable. If a Guest House contains a kitchen or cooking facilities, as well as plumbing for bathroom facilities, it is considered a dwelling and a multi-dwelling variance must be obtained prior to construction.
Habitat: The physical location or type of environment in which an organism or biological population lives or occurs.
Hardship: A peculiar and exceptionally difficult situation caused by a strict application of the Zoning Resolution. Hardship is caused by:
- exceptional narrowness, shallowness, or shape of the land, or
- exceptional topographic or geographic condition, or
- other extraordinary and exceptional situations or conditions of the land, that are not of the owners making, or financial in nature.
Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.
Home Occupation: A lawful activity commonly conducted within a dwelling or accessory structure by a member or members of the family who occupy the dwelling, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained. See Section 10.10.
Homeowner's Association (aka, Property Owner's Associations): An incorporated organization, operating under recorded land agreements, responsible for enforcing their covenants.
Hotel/Motel/ Lodge/ Bed & Breakfast: A structure designed or used for temporary occupancy by individuals who are lodged, with or without meals, and in which facilities may be provided for cooking in individual rooms. This shall not include a child care center or family care home.
Illegal Lot: A parcel of land created after the effective date of the original resolution (April 6, 1971), or any amendment thereto, which does not conform with the regulation of the district in which it is located. Zoning and Septic Permits shall not be issued for illegal lots.
Industry, Heavy: Any industry that is not Light Industry.
Industry, Light: Any trade, production or creative endeavor employing labor and capital in a process which is not noxious or offensive by reason of emission of odor, dust, smoke, gas, fumes, noise or vibrations, whose waste products are not allowed to escape or accumulate where they will cause discomfort or be unsightly to adjoining property owners or to the public in general and does not have a potentially threatening impact on the environment. Examples include: retail and wholesalers, gas stations, and welding shops.
Infrastructure: Streets, water and sewer lines, and other utilities or common support facilities necessary to the functioning of a community or development.
Kitchen: Any room intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall generally be considered as establishing a kitchen.
Livestock: Cattle, horses, sheep, goats, swine, mules, poultry, alternative livestock, as defined in C.R.S. § 35-41.5-102, Definitions, and such domesticated animals as fox, mink, marten, chinchilla, beaver, and rabbits, and all other animals raised or kept for profit.
Lodge: See Hotel.
Lot: A division of a block of land or other parcel intended as a unit for the transfer of ownership or for development as described on a subdivision plat, survey map, assessor's map or by metes and bounds. See also Parcel and Tract.
Lot Line: See Property Line.
Manufactured Home: See Factory Built Home.
Minimization: To reduce to the smallest possible amount, size, extent or degree of magnitude, the action or its implementation.
Mining or mineral extraction: The development or extraction of mineral deposits. The term includes, but is not limited to, open pit mining and surface operations, strip mining, quarrying, dredging, underground mining, and the disposal of refuse therefrom.
Mitigation: A mechanism for addressing undesirable impacts. It can be accomplished in several ways, including reducing, minimizing, rectifying, compensating or avoiding impacts.
Mixed Use Development: A single building containing more than one type of use, or a single development of more than one building where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of vehicular and pedestrian access and parking areas.
Mobile Home: See Factory Built Home.
Motel: See Hotel.
Multi-dwelling Variance: A variance required in order to have more than one single-family dwelling on a parcel of land.
Net Residential Area: The area devoted to residential uses, excluding streets, parking areas and required open space.
Non-conforming Lot: A parcel of land created prior to the effective date of the original resolution (April 6, 1971), or any amendment thereto, which does not conform with the regulation of the district in which it is located.
Non-conforming Structure: A building or portion thereof, built prior to the effective date of the original resolution (April 6, 1971), or any amendment thereto, which does not conform with the regulation of the district in which it is located.
Non-conforming Use: Any existing use, whether within a building or other structure or on a tract of land, which does not conform to the "use" regulations for the district in which such "non-conforming use" is located. This is either at the effective date of the Resolution (April 6, 1971) establishing the Districts, or as a result of the subsequent amendments.
Official Zoning Map of Custer County: A map indicating the locations of the zoning districts. This map is on display in the Commissioners' Room of the County Courthouse and on file with the Clerk and Recorder's Office. See Appendix Z.
Open Space: Area of land or water which is essentially unimproved and devoted to preservation or management of natural resources and/or for use as active or passive outdoor recreation areas. The term shall not include space devoted to streets, or parking and loading areas.
Overall Development Concept (As used in PUD Section 8.7, Section 11, and Appendix C): The map or maps of a proposed PUD and specified supporting material, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering design.
Parcel: A lot or tract, or contiguous groups or portions of such lots or tracts. See also Lot and Tract.
Parking Space: An off-street space designed and intended to be occupied by a parked vehicle, exclusive of maneuvering and roadway space.
Permanent Foundation: A poured concrete slab, blocks, or continuous perimeter foundation walls.
Permit: A document issued by Custer County, Colorado, granting permission to perform construction or use.
Person: Any individual, partnership, corporation, association, company or other public or corporate body, including the federal government and includes any political subdivision, agency, instrumentality or corporation in the State.
Plan (As used in PUD Section 8.7, Section 11, and Appendix C): "The provisions for developing a Planned Unit Development, which may include, but need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures; intensity of use or density of development; utilities; private and public streets, ways, roads, pedestrian areas, and parking facilities; common open space, and other public facilities. "Provision of the plan" means the written and graphic materials referred to in this definition." (C.R.S. § 24-67-103)
Planned Unit Development (PUD): "An area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations." (C.R.S. § 24-67-103).
Planning Commission: The Custer County Planning Commission.
Plat: A document, prepared by a Colorado registered engineer or surveyor in accordance with subdivision regulations or this Resolution as an instrument that delineates property lines and shows monuments and other landmark locations for the purpose of identifying property. ( See Appendix A.)
Plat, Final: An approved map and supporting materials of described land prepared in accordance with PUD Regulations or Subdivision Regulations as an instrument of recording of real estate interests with the Custer County Clerk and Recorder.
Plot Plan: A drawing showing dimensions of all structures existing or proposed, roadways, septic, well locations, natural features and monuments (if required), to property boundaries.
Private road or driveway: Every road or driveway not open to the use of the public for purposes of vehicular travel.
Property Line (aka Lot Line): The boundary which defines the outer limits of a property.
Public Facilities: Any structure, road, or utility facility designed or used to serve the general public.
Public Hearing: An official proceeding open to the public, duly held, in which the public has an opportunity to participate. A public hearing typically involves a particular land use approval such as a variance, Special Use Permit or Planned Unit Development approval under §§ 8.5 and 11.10 of this Resolution.
Public Meeting: A meeting, hearing, workshop or public gathering of people to obtain comments from the public or other agencies on a proposed project prior to the local government's decision. The proceedings at a public meeting may be recorded and may result in a public hearing.
Public Utility: Every regulated firm, partnership, association, cooperative, company, corporation and governmental agency, and the directors, trustees or receivers thereof, whether elected or appointed, which is engaged in providing railroad, airline, bus, electric, telephone, telegraph, communications, gas, gas pipeline carrier, water, sewerage, pipeline, street transportation, facilities and services.
Ranching: See Agricultural Use.
Record: A document kept in the ordinary course of business by a governmental unit or agency. Also, the written expression of the proceedings of a public body. Meeting minutes are one form of record.
Recreational Vehicles (RVs): See Factory Built Homes.
Representative: A person who is duly empowered in writing to make binding commitments in regard to an application on behalf of an applicant.
Residential non Dwelling: A structure intended for human habitation, without a kitchen. Also referred to as a Bunk House or Dry Cabin. It may be either site or factory built.
Resolution: Shall mean the Custer County Zoning Resolution.
Resort: A commercial place designed and intended primarily to provide tourists and vacationers with recreational facilities and may or may not include a lodge or motel.
Right-of-Way: A tract or strip of land that is dedicated to be used by the private individual or public for various uses.
Riparian Area: An area that provides ecosystems occurring along natural or manmade watercourses or water bodies. They are distinctly different from the surrounding lands because of unique soil and vegetation characteristics that are strongly influenced by free or unbound water in the soil.
Road: See Street.
Road-way: That portion of a highway improved, designed, or ordinarily used for vehicular travel.
Run with the Land or Running with the Land: A condition applicable to the land, regardless of changes in ownership.
Rural: "1. Of or relating to the country: Rustic. 2. Of or relating to people who live in the country. 3. Of or relating to farming: agricultural."
Septic System: An approved method of waste disposal comprising of all of the components necessary for full functionality.
Setback: The required distance, and the land resulting therefrom, between the property line and the closest point of any structure, including eaves, decks and other exterior extensions. See Section 6.2 Required Setbacks.
Setback Measurement Procedure: Setbacks shall be measured at ninety (90) degrees to straight lines at the closest point of a proposed structure, and radially to curved lines at the closest point of a proposed structure.
Sign: Any outdoor sign, plaque, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended or used to advertise or to give information and having the capacity of being visible from the travel way of any public road or highway, including any advertising device erected on a vehicle using the highway.
Single-family dwelling unit: A structure with toilet and kitchen facilities designed to be used as a full or part-time residence for one family.
Sketch Plan (As used in PUD Section 8.7, Section 11, and Appendix C): A map or drawing of a proposed project or subdivision drawn and submitted, in accordance with the requirements of these regulations, to evaluate feasibility and design characteristics at an early stage in the planning process.
Special Use: A use allowed in the indicated zoning district only with permission of the County Commissioners. Permission for a special use may be granted or denied in accordance with the basic purpose and intent of this Resolution.
Street (aka Road): The entire public or private right-of-way, providing for the pedestrian and vehicular movement of people and goods.
Tract: A portion of land, usually not platted, delineated by a metes and bounds description. See also Lot and Parcel.
Undersize Lot: An approved parcel of land created after the Zoning Regulation went into effect (April 6, 1971) that does not meet the minimum lot area per unit as prescribed for that district.
Use by Right: A function or use which is allowed. Permits may be required.
Useable Open Space: Open area designed and developed for use by the occupants of a development or by others, including but not limited to, recreation, courts, gardens, parks, and walkways. The term shall not include space devoted to streets, or to parking and loading areas.
Use Tax: County Use Tax on building materials due if you purchased materials without paying any local sales tax. Usually it refers to materials purchased outside the County and delivered to property located within the county that did not have State and County tax collected.
Vested Property Rights: The right to undertake and complete a development and use of property under the terms and conditions of a Site Specific Development Plan. See Custer County Resolution: 99-10 and Section 2.8.
Water Source: A legal source of water for the intended use.
Wildlife: Wild animals and vegetation, especially animals living in a natural, undomesticated state.
Wildlife Habitat: The region or environment containing those elements for the health of a wildlife species, and consisting of principle feeding areas, winter range, summer range, shelter/security areas, concentration areas, production areas, movement corridors, areas providing essential minerals and water, and special habitat needs.
Zoning Districts: Any zone as shown on the County's zoning map for which there are zoning regulations governing the use of that land.
ZONING AUTHORITIES, RESPONSIBILITIES, AND REVIEW POLICIES
This section discusses the roles and responsibilities of the Board of County Commissioners, the Planning Commission, the Board of Zoning Adjustment, the Planning and Zoning Office, and Chairman of the Joint Meeting.
4.1 Board of County Commissioners:
The Custer County Board of County Commissioners is an administrative, legislative and policy-making body and, at times, a quasi-judicial body. The Board is responsible for land use regulations in the County. The Board has chosen not to adopt a building code for the unincorporated parts of the County. The Board has provided zoning for all unincorporated areas of the County since April 6, 1971, when the Custer County Zoning Resolution was adopted.
The Board may, by a majority vote, amend any provision of the County Zoning Resolution. However, zoning changes must first be submitted to the Planning Commission for its review and suggestions. The Board of County Commissioners may overrule the Planning Commission by a majority vote. If the Board wishes to change the zoning resolution, it must give notice of a public hearing on the same, 15 days in advance of the hearing, in a newspaper of general circulation within the County. Fees for all hearings will be established by the Board of County Commissioners.
In addition to the power to amend this Resolution, the Board has the final decision making authority for special use and PUD approvals as well as land use decisions such as sign permits and lot line vacations after holding a public hearing. At public hearing the Board of County Commissioners shall:
1. Review and study the application and accompanying evidence before taking action on the application. Such evidence may include all items included in the review and study by the Planning Commission, as well as recommendations of the Planning Commission;
2. Rule on the application.
Since July 1, 1971, every county in Colorado has been required to appoint a Planning Commission. The Custer County Planning Commission is authorized by Colorado Revised Statute 30-28-103, as amended and quoted below, and is declared to be in accordance with all provisions of these Statutes:
A. Membership:
1. "The board of county commissioners of any county within the state is authorized to appoint a commission of not less than three (3) and not more than nine (9) members, to be known as the County Planning Commission;"
2. "Each of such members of the commission shall be a resident of the county;"
3. "The term of appointed members of the commission shall be three (3) years and until their successors have been appointed, but the terms of office shall be staggered by making the appointments so that approximately one-third of the members' terms expire each year;"
4. "The members of the commission shall receive such compensation as may be fixed by the board of county commissioners, and the board of county commissioners shall provide for reimbursement of the members of the commission for actual expenses incurred;"
5. "The board of county commissioners shall provide for the filling of vacancies in the membership of the commission and for the removal of a member for nonperformance of duty or misconduct. The board of county commissioners may appoint associate members of such commission, each of whom shall be a resident of the county, and, in the event any regular member is temporarily unable to act owing to absence from the county, illness, interest in any matter before the commission, or any other cause, his place may be taken during such temporary disability by an associate member designated for that purpose."
B. Chairman-rules-staff-information-grants and gifts:
1. The County Planning Commission will elect, at its first regularly scheduled meeting of each new year, a Chairman who shall preside over the Joint Planning and Zoning Meeting. The Vice-Chairman of the Planning Commission will preside in the Chairman's absence.
2. "The commission shall adopt such rules and regulations governing its procedures as it may consider necessary or advisable and shall keep a record of its proceedings, which record shall be open to inspection by the public at all reasonable times;"
3. "The board of county commissioners has the authority to employ experts and a staff and shall pay such expenses as may be deemed necessary for carrying out the powers conferred and the duties prescribed in this article;"
4. "The county planning commission is directed to make use of the expert advice and information which may be furnished by an appropriate federal, state, county and municipal officials, department, and agencies and in particular by the director of the division of planning in the department of local affairs of the state of Colorado. All state officials, departments, and agencies having information, maps, and data, pertinent to county planning or zoning are authorized and directed to make the same available for the use of the county planning commission as well as to furnish such other technical assistance and advice as they may have available for such purposes;"
5. "The county planning commission is specifically empowered to receive and expend all grants, gifts, and bequests, specifically including state and federal funds and other funds available for the purpose for which the commission exists, and to contract with the state of Colorado, the United States, and all other legal entities with respect thereto. The county planning commission may provide, within the limitations of its budget, matching funds wherever grants, gifts, bequests, and contractual assistance are available on such basis." (C.R.S. § 30-28-104)
C. Jurisdiction:
In general, the Planning Commission shall be the land use planning group for the county. They are responsible for preparation of the county master plan, zoning regulations and subdivision regulations. The Planning Commission will serve as an investigative and advisory group to the Board of County Commissioners in the administration of zoning regulations, including preparation of needed amendments and additions to the regulations.
1. "It is the duty of a county planing commission to make and adopt a master plan for the physical development of the unincorporated territory of the county." (C.R.S. § 30-28-106);
2. "The county planning commission of any county and upon order by the board of county commissioners in any county having a planning commission, shall make a zoning plan for zoning all or any part of the unincorporated territory within such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulations by district or zones of the location, height, bulk and size of buildings and other structures, percentages of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, access to sunlight for solar energy devices, and uses of land for trade, industry, recreation, or other purposes. To the end that adequate safety may be secured, the county planning commission may include in said zoning plan provisions establishing, regulating, and limiting such uses on or along any storm or flood water runoff channel or basin as such storm or flood water run off channel or basin has been designated and approved by the Colorado water conservation board in order to lessen or avoid the hazards to person and damage to property resulting from the accumulation of storm or flood waters." (C.R.S. § 30-28-111);
3. "The county planning commission or the Board of Zoning Adjustment of any county, in the exercise of powers pursuant to this article, may condition any portion of a zoning resolution, and amendment thereof, or any exception to the terms thereof upon the preservation, improvement, or construction of any storm or flood water runoff channel designated and approved by the Colorado water conservation board." (C.R.S. § 30-28-111).
D. General Duties of the Planning Commission:
1. To meet at the request of the Chairman or the Planning and Zoning Office;
2. To adopt any rules necessary to transact the Commission's business or to expedite its functions or powers, so long as they are consistent with the provisions of this Resolution;
3. To keep minutes of the proceedings of each meeting, which shall be filed in the office of the Commission, who may designate the Planning and Zoning Office to keep such files, and which shall be of public record;
4. To permit the public to attend and to be heard regarding current agenda items at all of its meetings;
5. To publish notice of, or cause to be published, at least fifteen (15) days prior to the date of hearings, where such hearings are deemed necessary by the Commission;
6. At the public hearing(s) the Planning Commission shall:
Review the application and accompanying evidence before taking action on the application. Included in the review shall be:
a. Any recommendations or questions by the Custer County Regional Planning Commission or the Planning and Zoning Office;
b. Public input on the application;
c. Any additional qualified opinions or questions.
7. Make recommendation of action to the Board of County Commissioners, including pertinent background information supporting the recommended action.
4.3 Board of Zoning Adjustment:
A. Establishment:
A Board of Zoning Adjustment has been established, and members appointed, by the Custer County Board of County Commissioners. The Board of Zoning Adjustment is a quasi-judicial body established to hear variance requests to and appeals from the Zoning Resolution. All reference to the Board of Zoning Adjustment, in this section, shall hereafter be referred to as "the Board."
B. Membership:
1. The Board shall consist of at least three (3) and not more than five (5) members who serve at the pleasure of the Board of County Commissioners. Each of such members of the board shall be a resident of the County.
2. Until otherwise provided, the members shall serve without compensation. The Board of County Commissioners shall fix per diem compensation for the Board of Zoning Adjustment.
3. Each member shall be appointed by the Board of County Commissioners for three (3) years. Terms of membership must be staggered. Any member of the Board may be removed for cause by a majority vote of the County Commissioners upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments.
4. The Board of County Commissioners may appoint associate members of such board, each of whom shall be a resident of the County. The associate members of the Board shall fill the vacancy of any regular member of the Board in the event that he/she is temporarily unable to act.
5. A maximum of half of the Board members may also be members of the Planning Commission. All regular members of the County Planning Commission are ex-officio associate members of the Board of Zoning Adjustment.
6. All decisions will be made by the concurring vote of all three (3) members in the case of a three-member Board, all four (4) members in the case of a four-member Board, or four (4) members in the case of a five-member Board.
C. The Board of County Commissioners must provide and specify in its zoning or other resolutions general rules to govern the organization, procedures and jurisdiction of the Board of Zoning Adjustment. The Board of Zoning Adjustment may adopt supplemental rules of procedure after approval of the Planning Commission and Board of County Commissioners.
D. Officers:
The Board shall select a Chairman, Vice-Chairman, and Secretary at its first regular meeting of each year and shall also establish the location of posting meeting notices. The Secretary may or may not be a member of the Board. The Chairman shall preside at meetings and shall perform all duties as usual and ordinary for the presiding officer of any board or group. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. The Secretary shall keep minutes of the proceedings of each meeting, which shall be filed in the Planning and Zoning Office who shall have custody of all of the records, and which shall be of public record.
E. Purpose of the Board of Zoning Adjustment:
The purpose of the Board is to hear all density, height and setback variance requests from the Zoning Resolution. The Board may hear requests for permitting an increase in either or both the land area or the floor area of a structure or structures occupied by a non-conforming use. (See Section 9.7) The Board shall also hear appeals as detailed below.
F. Guidelines for granting a Variances:
Variances should grant relief from this Zoning Resolution in unusual and extraordinary circumstances considering the following:
1. "Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this" Resolution "would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this" Zoning Resolution. (C.R.S. § 30-28-118)
2. Variances shall not be granted if the circumstances were created by the current owner. Financial reasons do not constitute a hardship.
3. Variances shall not be granted if the granting substantially or permanently injures the appropriate use of adjoining or adjacent property.
4. Variances shall not be granted if granting alters the essential character of the zone.
5. Variances shall not be granted if it adversely affects the public health, safety or welfare.
6. Variances shall be valid for two (2) years from date of approval. If construction has not begun in that time frame, the variance shall lapse and become void. Upon completion of construction, the variance shall run with the land.
G. Appeals from decisions of the Planning and Zoning Office:
Appeals may be taken by any person aggrieved by his inability to obtain a zoning permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the Zoning Resolution. Appeals may be taken by any officer, department, board, or bureau of the County affected by the granting or refusal to grant a zoning permit, or by other decision of an administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the Zoning Resolution.
Such appeal must be made in writing within thirty (30) days after the occurrence of such grievance or decision and shall adhere to the Board of Zoning Adjustment hearing process.
Upon request for appeal, the Board shall have the power to hear and decide appeals where it is alleged by the aggrieved appellant that there is error in any order, requirement, decision or refusal made in the enforcement of the Zoning Resolution.
H. General Duties of the Board:
1. To meet at the request of the Chairman or the Planning and Zoning Office, to transact the Board's business or to expedite its functions or powers, so long as they are consistent with the provisions of this Resolution.
2. To keep minutes of its proceedings showing the vote of each member upon each question, and keep records of its examinations and official actions, all of which shall be filed within 5 working days in the office of the Board and the Planning and Zoning Office. All such records shall be public records.
3. Establish findings sufficient to issue variance:
a. That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the district;
b. That owing to such exceptional or extraordinary circumstances the literal enforcement of specified provisions of this Resolution would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property;
c. That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same district;
d. That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and
e. That the granting of such variance will be in harmony with the general purpose and intent of this Resolution and the County's Master Plan.
4. To permit the public to attend and to be heard regarding current agenda items at all of its meetings.
5. To notify, in writing, the Planning and Zoning Office, the owner involved, and the Planning Commission of all actions taken, hearings scheduled and permits authorized.
6. To publish notice of hearing, or cause to be published, at least fifteen (15) days prior to the date of hearings.
7. To allow the person commencing the appeal and any person directly impacted by the appealed decision, or, their agent or attorney, to provide evidence and testimony.
8. All evidence and testimony shall be presented publicly. The Board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider any relevant facts within the personal knowledge of any member of the Board which are stated into the record by such member.
I. Board of Zoning Adjustment General Rules:
The Board shall act in strict accordance with all of the other applicable laws of the State of Colorado and this Zoning Resolution. All variance requests and appeals to the Board shall be in writing and on such a form as shall be prescribed by the Board and prepared by the Planning and Zoning Office.
Every appeal shall indicate what provisions of this Resolution are involved, what relief from these provisions is being sought, and the grounds upon which such an appeal is being sought, as required above.
The Chairman of the Board shall then, within forty-five (45) days, call a meeting of the Board for the purpose of the review of the requested appeal. At the same time a copy of the requested appeal shall be transmitted to the Planning Commission for an opinion. The Planning Commission may provide feedback to the Board of Zoning Adjustment and appellant for consideration.
Written notification of the decisions of the Board shall then be mailed to the appellant.
J. Appeals from the Board:
Any appeal from the decision of the Board may be made to the courts, as provided by law, provided that such appeal is made prior to thirty (30) days following the date of the notification of the Board's decision.
4.4 Planning and Zoning Office:
The Planning and Zoning Office will oversee the daily administration and enforcement of the County Zoning Resolution, Septic Regulations and Subdivision Regulations; authorize zoning and septic permits, and issue applications for variances; grant interior lot line vacations, and when granting lot line vacations, issue the Creation of Undersize Lot Variance, if necessary; issue ISDS variances; maintain current fee schedule, collect scheduled fees and County Use Tax; perform and record County and State septic inspections; prepare joint Board of Zoning Adjustment, Planning Commission, and Board of County Commissioners public meetings and hearings; issue appropriate public notice as necessary; educate the public to building and living in the County through it's Homeowner's Packet, Right to Ranch and Farm policy, zoning regulations, wildlife recommendations, and Master Plan initiatives. The Director of the Planning and Zoning Office shall act as the County planner. Other responsibilities will be added as the Board of County Commissioners desire.
4.5 Chairman, Joint Meeting of the Board of County Commissioners, Planning Commission, and Board of Zoning Adjustment:
A. General Duties at the Joint Meeting:
1. Open the session and call the meeting to order and take care of general meeting duties such as approval of minutes and Planning and Zoning Office report.
2. Announce the general business and act upon it in the order specified in the public agenda.
3. Recognize members or individuals entitled to the floor. Have them come to the podium and state their name and address for the record.
4. Require people to remain at the podium and microphone. Discourage speakers from approaching closer to the hearing body except in unusual circumstances.
5. Recommend continuance of a case that is not being supported by facts or enough information to reach consensus.
6. Call for all Planning Commission questions and announce the result of the vote. In case of a tie vote, the Chairman will cast the deciding vote.
7. Assist expediting the business in every way compatible with the rights of individuals.
8. Enforce, on all occasions, the observance of order and decorum among the assembly.
B. Attend, or send a Planning Commission representative to attend, the monthly Regional Planning Commission Meetings.
Custer County Resolution 98-14, is supported by C.R.S. § 35-3.5-102, which was effective September 1, 2000 and states that an agricultural operation that employs methods or practices commonly or reasonably associated with agricultural production is not a public or private nuisance, particularly if it was in place prior to the initiation of nonagricultural activities in the surrounding neighborhood.
It is the policy of the Board of County Commissioners of Custer County that ranching, farming, and all manner of traditional agricultural activities and operations throughout Custer County are integral elements of and necessary for the continued vitality of the county's history, economy, landscape, lifestyle and culture. Given their importance to Custer County and Colorado, agricultural lands and operations are worthy of recognition and protection.
Colorado is a "Right to Farm State" pursuant to Section 35-3.5-101, et seq., Colorado Revised Statutes. Landowners, residents, and visitors must be prepared to accept the activities, sights, sounds and smells of Custer County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching and farming sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells as inconveniences, eyesores, noises and odors. However, state law and county policy provides that ranching or other agricultural activities and operations within Custer County shall not be considered to be nuisances, as long as they are operated in conformance with the law and in a non-negligent manner. Therefore, all landowners, residents and visitors must be prepared to encounter noises, odors, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, fertilizers, soil amendments, herbicides and pesticides according to applicable law, any one or more of which may naturally occur as part of legal and non-negligent agricultural operations. In addition, all owners of land, whether ranch or residence, have obligations under state law and county regulation with regard to the maintaining of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and to act as good neighbors and citizens of the county.
COUNTY STANDARDS AND REQUIREMENTS
The County desires to have certain standards or requirements met by all property owners who build in the unincorporated areas of Custer County. These standards and requirements are considered in affect for the public welfare of all citizens of the County.
Applicable County, State, and Federal sanitation requirements shall be met in order to develop any land. Sanitation requirements consist of potable water and waste disposal. County waste disposal regulations are detailed in the current County Guidelines on Individual Sewage Disposal Systems, commonly called the Septic Regulations.
Recreational vehicle parks and tent camping areas will provide an authorized dump station for disposal of chemically treated sewage. Such stations will meet, or exceed, the minimum standards required by the Colorado Department of Public Health and Environment.
6.2 Required Setbacks: (See definition in Section 3)
On property sized one (1) acre or greater: All structures shall be located at least fifty (50) feet from any property line or roadway easement boundary and at least sixty (60) feet away from the edge of the driven surface of a roadway.
On property less than one (1) acre, but greater than a half (½) acre: All structures shall be located at least twenty-five (25) feet from surveyed property lines or boundaries.
On property one-half (½) acre or less: All structures shall be located at least ten (10) feet from all surveyed property lines or boundaries.
The vertical distance from the high point of the grade at the building perimeter to the high point of the building structure must not exceed thirty-five (35) feet, and the vertical distance from the low point of the grade at the building perimeter to the high point of the building structure must not exceed forty-five (45) feet. The definition of grade at the building perimeter is either the natural grade or the finished grade, whichever is lower in elevation.
6.4 Building Height Benchmark:
This term, as it applies to the building height restriction, defines two tasks necessary for obtaining a permit to construct a structure thirty-five (35) or more feet from grade as defined within these regulations. All proposed structures must be benchmarked by a licensed surveyor, except for those proposed structures with a building height less than thirty-five (35) feet as measured from the lowest point of the building perimeter at grade, to the highest point of the building structure. An accurate depiction must be provided to the Planning and Zoning Office to show elevation measurements, and must comply with the Building Height Benchmark standards as outlined in Appendix B.
When a Building Height Benchmark is required, it is the responsibility of the property owner to have two monuments established in undisturbed soil in close proximity to the proposed structure for the purpose of verifying the elevations presented in the application for a Zoning permit. See Appendix B.
6.5 Permitted Signs and Advertising Devices: (See definition in Section 3)
For the purpose of this Resolution, the generic term, "sign," as defined by Section 3, will be used for signs, plaques or other advertising devices. All signs erected in public rights-of-way by a public agency controlling or directing traffic shall be exempt from the provisions of this section. Signs, plaques, or advertising devices on wheels are not exempt from State and County sign requirements. Oversized, flashing, blinking, or animated signs, and advertising signs not in compliance with A - E below shall not be allowed in any District without a permit. The following signs or plaques shall be permitted as a use by right in the unincorporated County:
A. Sale, Plat, Lease, or Rent Signs or Advertising Devices:
Signs may be located on a property advertising the property for sale, lease or rent. All signs may be up to six (6) square feet in size, and shall be spaced no less than six hundred sixty (660) feet apart.
B. Posting Signs or Advertising Devices:
Signs may be located on a property posting that property for warnings or prohibitions on trespassing, hunting, or fishing. Such signs may be up to two hundred (200) square inches each in size, and may be spaced no less than three hundred (300) feet apart.
C. Tourist-Oriented Directional Signs (TODS):
TODS signs must meet the criteria of the State as defined in the Rules and Regulations for Tourist Oriented Directional Signs (TODS).
D. General Purpose Signs or Advertising Devices:
Signs or advertising devices may be located on private property identifying its occupants, products and services for sale. Such signs shall not exceed a total of twenty (20) square feet. Sale, lease, rent or plat signs do not qualify as General Purpose Signs.
E. Political campaign signs are in violation, if they do not meet State and County policy, and are subject to enforcement procedures, as defined by the State. In Custer County, Political Campaign Signs are permissible without a permit if:
1. The signs are placed on private land. Signs are not permitted on public land or in public rights-of-way;
2. The sign is set back a minimum of thirty feet from the center of the road;
3. The maximum size of a sign is twenty (20) square feet per face, with a maximum of two faces. Signs six (6) square feet or less are encouraged;
4. The maximum height from the ground to the top of the sign is eight (8) feet;
5. Signs are removed within two weeks after the final election.
F. Signs Allowed by Permit Only:
Persons or entities desiring to place Uniform Directional or Trailblazer, advertising, oversized, flashing, blinking or animated signs in the unincorporated County, or any other signs that are not allowed by right as listed above, shall obtain a permit in advance from the Board of County Commissioners.
Any person seeking a sign permit from the Board of County Commissioners shall submit any applicable fees established for a permit, a scaled drawing showing the size, shape and design for the sign and a site plan demonstrating the location of the proposed sign. Sign permits may be granted at the Board's discretion based upon consideration of the following factors:
1. Traffic or pedestrian hazards
2. The impacts with traffic signals or signs
3. The permanency of the sign
4. The impact of the sign upon the nature and character of the surrounding area
5. Whether the physical design and dimensions of the sign can reasonably withstand wind or other weather hazards.
G. Penalties:
Fines shall be imposed for erecting signs in the unincorporated County that do not meet the requirements of this Section or have not been permitted as prescribed in Section 13.4. under Enforcement and Penalties.
6.6 Factory Built Home Regulation: (See definition in Section 3)
Factory Built Homes will be allowed in Custer County under the following conditions: a factory built home must have the wheels removed (if applicable) and be blocked and leveled with skirting applied around the base, and/or be placed on a permanent foundation. No factory built home will be transported until a zoning permit is obtained from the Planning and Zoning Office. Any factory built home constructed prior to 1977 will not be eligible for a permit. (Model year 1977 began in mid-summer 1976. This information is provided on the data plate. If there is no data plat, it can be assumed the home was built before 1977, unless other evidence is discovered. The data plate will be located on or near the electrical service panel or on the back of a kitchen cabinet or closet door.) Owners should be aware that Factory Built Homes may be prohibited by protective covenants or deed restrictions. The POA should be contacted before issuing the zoning permit to see if the Factory Built Home is in compliance with the protective covenants and/or deed restrictions of the development. A written letter of approval from the POA must be included with the application.
Any Recreational Vehicle (RV) or self-contained travel trailer that will be regularly occupied on private property as a primary residence, other than a RV campground, for longer than ninety (90) consecutive days will be considered a permanent dwelling. As such, they will be subject to the same Zoning and Septic regulations as any permanent dwelling, i.e. Zoning Permits, Septic Permits, and Variances for non-conformance must be obtained. Recreational Vehicles stored on the owner's land (i.e. the vehicle is unoccupied) shall maintain current license and registration. The Planning and Zoning Office may require proof that the vehicle is being stored. These recreational vehicles are exempt from the ninety (90) day limitation. The POA should be contacted before issuing the zoning permit to see if the Recreational Vehicle is in compliance with the protective covenants and/or deed restrictions of the development. A written letter of approval from the POA must be included with the application.
6.7 Wildlife Review Requirements:
In as much as Custer County is: 1) zoned for population density throughout the County, which helps maintain both the rural atmosphere and open space that supports our natural environment and wildlife; 2) a Right to Ranch and Farm County, which intends to co-exist with domestic and native animals, and promotes open space; and 3) in an open range state, which means there is an obligation to fence-out undesired livestock; the County has recognized the need for further recommendations and regulations concerning wildlife and wildlife habitats.
The Board of County Commissioners has enacted a requirement for all development of un-platted land to undergo a Wildlife Review. The Wildlife Review will be conducted by the Department of Wildlife (DOW) using the Wildlife Resource Information System (WRIS) and will address specific impacts on wildlife or wildlife habitat that the development may cause. The Wildlife Review is intended to protect the habitat required to support wildlife species of concern to the County. The Planning Commission and Board of County Commissioners will review all recommendations of the DOW and come to an agreement with the developer on any unresolved wildlife issues.
The Board of County Commissioners has approval authority, as related to wildlife and wildlife habitats, for the following:
1. Plats for Subdivisions, Planned Unit Developments (PUD), and divisions of land creating 3 or more 35-acre or larger parcels. Plats and divisions of land referenced above, not approved prior to recording WILL NOT be considered valid for zoning, septic and other related permits, unless the individual property owner obtains a Wildlife Review.
2. Applications for Special Use Permits. A Wildlife Review may be requested with requirements defined in Section 10 for these permits.
3. Development of roadways, including private roadways, but excluding residential driveways serving a residence.
The Board of County Commissioners will consider wildlife impact minimization, mitigation and compensation plans as part of the review process. Changes in approved development proposals may require another Wildlife Review.
See Section 8.7 and Appendix F for Wildlife Review procedures.
Wildlife incentives may be found in Section 12.
The County's Wildlife Review Policy, adopted by modification of the Custer County Zoning Resolution, and as amended, is designed to educate and inform developers and landowners about potential impacts of proposed land uses in order to minimize impacts while maximizing landowner enjoyment.
It is the intention of Custer County to preserve its rural and agricultural heritage, as much as possible, while providing areas of preferred development on land less suited for farming and ranching. The zoning of the County reflects the desire to minimize population density and was established to preserve the feeling of openness. In general, only one single family dwelling is permitted per lot or parcel, regardless of size of the property. The entire County is zoned by density acreage allowing farming, ranching, and residential uses by right. All commercial or industrial uses require a Special Use Permit.
The Custer County Board of County Commissioners reserves the right and authority to create new districts or change existing District boundaries from time-to-time as necessitated by changing conditions in the County.
7.1 Regulations Common to All Zoning Districts:
The following is a list of regulations common to all zoning districts:
A. Farming, not to include concentrated animal/poultry feeding operations or facilities.
B. Ranching, not to include concentrated animal/poultry feeding operations or facilities.
C. One (1) single-family dwelling unit.
D. Accessory uses and structures (not to exceed 10% of gross land area).
E. Non-conforming uses, subject to Section 9 of this Resolution.
7.1.2 Special Uses Allowed by Permit Only:
Any use not listed above in 7.1.1.
7.1.3 Zoning Permits Required:
A Zoning Permit is required subject to the provisions of Section 8 of this Resolution.
7.2 Custer County Zoning Districts: (see Zoning Map, Appendix Z)
This 160 acre zone is intended to have low population density and remain 50% - 80% agricultural in nature. This zone may have Sections that are less than 640 acres. The minimum lot size may be adjusted where fairness requires to compensate for these irregular Sections.
Minimum Lot Area per Dwelling:
One hundred and sixty ( 160 ) acres.
Zone II. Sangre de Cristo District
This Seventy acre zone is intended to be both residential and agricultural in nature.
Minimum Lot Area per Dwelling:
Seventy ( 70 ) acres.
Zone III. Wet Mountain and Hardscrabble District
This 10 acre zone, which contains large portions of the San Isabel National Forest and some concentration of development in the Wetmore and San Isabel areas, is intended for limited agricultural and residential use due to the heavy timber and steep, rugged terrain.
Minimum Lot Area per Dwelling:
Ten (10) acres.
This 5 acre zone is intended to be the County's main residential area and is where most of the County's approved subdivisions are located.
Minimum Lot Area per Dwelling:
Five (5) acres.
Custer County is zoned by density and has not adopted a building code for structures built within the unincorporated area of the County. Because there is not a building code, structures are permitted through the zoning permit process. All dwellings and additions to dwellings require a zoning permit. All accessory structures, or additions to accessory structures that cause them to be 100 square feet or more in their entirety, require a zoning permit. The County has specific requirements for its zoning and septic permits, such as height limitations, building height benchmark requirements, setbacks, and use tax, of which all land owners must be aware. This Resolution, the Septic Regulations, and the Subdivision Regulations address these requirements. If questions arise concerning the County's requirements, the Planning and Zoning Office should be contacted for further clarification. Any person desiring a use of land other than uses by right identified for each zoning district will need to pursue the County's Special Use Permit process.
The Planning and Zoning Office has limited jurisdiction in water issues, plumbing or electrical codes, which are controlled by the State.
It is not the responsibility of the Planning and Zoning Office to be aware of or enforce covenants or deed restrictions. The Zoning Resolution is not an enforcement tool for Subdivision Covenants or Deed Restrictions, and though many are in harmony with the County's Resolution, they are a civil matter between the land owner and his homeowner's association or other neighboring landowners. It is the responsibility of the land owner to be aware of any covenants or deed restrictions that may affect his land.
The Board of County Commissioners enacted the Zoning Resolution that requires a zoning permit, issued by the Planning and Zoning Office, before any excavation, construction, or reconstruction, repair, remodeling or change of use can be made for or to any building or premise. A schedule of fees, maintained in the Planning and Zoning Office, has been established and may be modified from time to time as needed by the Board of County Commissioners.
A. IT IS THE RESPONSIBILITY OF THE LAND OWNER TO APPLY FOR AND OBTAIN ALL NECESSARY ZONING PERMITS.
B. NO STRUCTURE OR ADDITION TO SAID STRUCTURE, INCLUDING EXCAVATION AND FOUNDATIONS, SHALL BE CONSTRUCTED OR MOVED, UNTIL A ZONING PERMIT HAS BEEN ISSUED BY THE CUSTER COUNTY PLANNING AND ZONING OFFICE.
C. No zoning permit for a dwelling shall be issued until:
1. A Septic Permit or variance for a septic system has been issued. All full time residences must have a County approved permanent septic system installed before occupancy.
2. The applicant establishes a legally adequate and physically available water source.
3. The applicant demonstrates that the proposed development will comply with applicable provisions of this Section and Sections 6, 7, 9 and 10 .
4. Wildlife Review, as applicable, as set forth in Section 8.8 of this Resolution.
5. The POA should be contacted before issuing the zoning permit to see if the request is in compliance with the protective covenants and/or deed restrictions of the development. A written letter of approval from the POA must be included with the application.
D. Applications for zoning permits shall be accompanied by:
1. Permit fee;
2. Proof of ownership;
3. A drawing showing the location of all improvements in relation to the lot lines (plot plan); and
4. An elevation drawing of the proposed structure relating the height of the structure to grade.
5. Building height benchmark, if required. See Appendix B.
6. A written letter of approval from the POA must be included with the application.
E. A Zoning Permit for construction will be valid for a period of two (2) years. If exterior construction has not been completed to a dried-in stage during that time period, a new permit must be applied for.
F. The Planning and Zoning Office must be notified if there are any changes to the Zoning Application, which was originally submitted for a Zoning Permit.
G. The penalty for beginning construction, including excavation for structures, without first obtaining the appropriate Zoning Permit, or misrepresentation on the zoning permits is set forth in Section 13.4 of this Resolution.
H. Permit fees are non-refundable.
I. Educational materials concerning Grazing Loads applicable to the area will be given to each land owner applying for a Zoning Permit.
8.2 Closing an Open Permit/Compliance Inspection:
Before an open zoning permit can be completed and closed:
A. The structure must be dried-in.
B. Proof must be provided that a Rough Electrical Inspection is complete (if required).
C. Proof must be provided that a Rough Plumbing Inspection is complete (if required).
D. County Use Tax obligations have been met.
E. Compliance Inspection of the site confirms that the structure, individual sewage disposal system (if required, must be installed before occupancy), water, and other zoning commitments are in compliance with this Resolution. Compliance Inspection requirements are in Appendix D.
Penalties for non-compliance are described in Section 13.
County Use Tax will be collected on building materials purchased without paying State and County sales tax. If insufficient Use Tax has been paid, then Use Tax is due. Usually affected would be materials purchased outside the County and delivered to a property located within the County. Building materials are defined as any material used in the construction of a structure to include, but not be limited to, built-in appliances, fixtures, and floor coverings. The Planning and Zoning Office staff are available to identify what qualifies as building material. Copies of receipts must be available to the Planning and Zoning Office, if requested, to verify whether proper taxes have been paid at the time of purchase. It is the responsibility of the land owner to see that all applicable use tax is paid.
Depending on the circumstances, one of the following deadlines will apply to the payment of County Use Tax:
A. If the total tax due is less than $300.00 during one calendar year, the tax must be paid by January 20th of the following year.
B. If the anticipated total tax due is more than three hundred dollars ($300.00), the amount may be pre-paid at the time of obtaining the Zoning Permit, or in its entirety at the closing of the permit. Use Tax payment is non-refundable.
Penalty and interest charges will be due on a use tax payment, if filed late or if the applicant fails to make arrangements before-hand. The penalty for late payment is ten percent (10%) of tax due. Interest for late payment is eighteen percent (18%) per annum.
8.4 Records:
All zoning permits, application records, and records of septic inspections shall be kept on file in the Planning and Zoning Office and shall be available for inspection by the public during regular office hours. Access to these documents will also be made available through a County maintained Website.
8.5 Public Notice and Hearing Procedures:
Before granting a Special Use Permit, the Planning Commission and the Board of County Commissioners shall hold a public hearing, in compliance with Appendix E, on the matter. Notice of such hearing shall be published, at the expense of the applicant, in a newspaper of general circulation within Custer County at least fifteen (15) days prior to the hearing date. In addition, written notice of the first public hearing shall be mailed Certified, Return Receipt at least fifteen (15) days prior to the hearing date to the owners of properties adjoining the property in question. Such written notice should be mailed to the last address of record held by the Custer County Assessor's Office. Failure to mail such notice due to clerical omissions shall not affect the validity of any hearing or determination of the Board of County Commissioners. Applicants may be required to pay additional postage, if postage for all applicable hearings exceeds 20% of application fee.
8.6 Application Procedure for Special Use Permits:
General standards for granting the special use permit:
• adequate water and sewer
• adequate street and transportation improvements to accommodate traffic volume generated by the proposed development
• the appropriateness of the development for the project site and its surroundings
• the compatibility of the project with adjacent properties, land uses and zone district
• the attractiveness of the development and its preservation of the rural character of Custer County
• the avoidance of development in hazardous and wetland areas
• the protection of public health safety and welfare
• the project will not result in an over-intensive use of land, have a materially adverse effect on community capital improvement programs, require a level of community facilities and services greater than that which is available, or cause significant air, water, or noise pollution;
• the project will be adequately landscaped, buffered, and screened and will provide adequate mitigation for adverse impacts on wildlife.
A. Applicants for a Special Use Permit shall:
1. Arrange a pre-application conference with the Planning and Zoning Office. The Chairman of the Planning Commission will be invited to participate. Other individuals may be included at the discretion of the Planning and Zoning Office.
2. Submit a written application to the Planning and Zoning Office at least 60 days prior to the hearing date, along with proper fees, and such evidence as may be necessary to demonstrate compliance with the conditions and requirements set forth for the particular use according to this Resolution.
3. Appear in person, or by a authorized representative before the Custer County Regional Planning Commission to present the plan. (Arrangements may be made through the Planning and Zoning Office.)
4. Appear in person, or by authorized representative, at the designated site tour, if deemed necessary by the Planning Commission or the Board of County Commissioners.
5. Appear in person, or by authorized representative, before the Planning Commission and Board of County Commissioners in a public hearing to present the application.
B. The Planning and Zoning Office shall:
1. Meet with the applicants in the pre-application conference.
2. Review the application and associated documentation.
3. Process the submitted fees.
4. Schedule the public hearing on the application.
5. Research and verify the applicant's request and documentation.
6. Ensure a Public Notice appears in a newspaper of general circulation within Custer County, as set forth in Section 8.5 of this Resolution.
7. Schedule the site tour, if needed.
8. Prepare a report for the Planning Commission and Board of County Commissioners that includes the background information concerning the application, a list of suggested conditions, and areas of concern.
C. The Custer County Planning Commission shall:
1. Review the application and accompanying evidence at the public hearing(s) before taking action on the application. Included in the review shall be:
a. Any recommendations or questions by the Regional Planning Commission or the Planning and Zoning Office;
b. Attend site tour, if necessary;
c. Public input on the application;
d. Any additional qualified opinions or questions.
2. Make a recommendation of action to the Board of County Commissioners, including pertinent background information supporting the recommended action or conditions pertinent to approval.
D. The Board of County Commissioners shall:
1. Review or study the application and accompanying evidence before taking action on the application. Such evidence will include all items included in the review and study by the Planning Commission, as well as recommendations from the Planning Commission;
2. In the case of a special use application, it may be granted or denied, as indicated in Section 10.1.
8.7 Wildlife Review Procedure:
Development, and any building site in a new subdivision that has not had a wildlife review, as authorized by C.R.S. § 24-65.1-101, et seq., 1973, HB 1041 powers, will be reviewed as follows (see Appendix F for Application Procedures for Wildlife Review):
Where the Wildlife Review is being performed for a Special Use Permit or Planned Unit Development, it shall be integrated into the review process for that use.
A. Preliminary Plat Review:
The Planning and Zoning Office shall act as the facilitator between the applicant and the Wildlife Manager. The Planning and Zoning Office shall receive an applicant's preliminary plat or proposal and forward it to the local District Wildlife Manager, of the Division of Wildlife, for review and recommendations.
B. Division of Wildlife Review:
It is the responsibility of the District Wildlife Manager and other Division of Wildlife personnel, using the Wildlife Resource Information System (WRIS), to review and evaluate an applicant's plat or proposal and analyze its potential impacts to wildlife and wildlife habitats. Recommendations will be provided to the Planning and Zoning Office in a timely manner and will be forwarded to the applicant. This evaluation should include an analysis of the effectiveness of any proposed measures that would mitigate potential impacts, and any changes recommended by the Division of Wildlife for improving the existing plan.
C. Applicant Preparation:
Applicant or authorized representative, shall appear in person before the Custer County Planning Commission and the Board of County Commissioners to present the development proposal. The applicant or authorized representative should be prepared to discuss in a Public Meeting the following:
1. A description of the nature, density, and intensity of the proposed development in sufficient detail to allow analysis of such land use change upon identified wildlife habitats.
2. The applicant's analysis of the potential impact, both on-site and off-site, of the proposed development, activity, or land use change upon those wildlife species identified by the Division of Wildlife.
3. A plan by the applicant describing how adverse impacts, both on-site and off-site, to wildlife and wildlife habitats, if any, created by the proposed development will be mitigated using the Mitigation Standards outlined in Appendix F.3. Any suggestions made by the local District Wildlife Manager during the pre-application consultation should be included in this plan.
D. Planning Commission Review:
The Planning and Zoning Office shall forward any recommendations received from the Division of Wildlife on an applicant's plat or proposal as part of its staff report to the Planning Commission. The Planning Commission shall:
1. Give consideration to the proposal's potential impact on wildlife and wildlife habitats, and any alternatives developed by the Planning and Zoning Office or the Division of Wildlife.
2. Hold a public hearing to review the request in a regular public meeting.
If approval is recommended, the Planning Commission's Chairman shall sign the final Plat.
E. Board of County Commissioners Review:
The Planning and Zoning Office shall forward any recommendations from the Division of Wildlife to the Board of County Commissioners. Any recommendations, conditions, and stipulations from the Planning Commission are considered a part of its report to the Board of County Commissioners. The Commissioners shall:
1. Give consideration to the proposal's potential impact on wildlife and wildlife habitats, and to possible mitigation measures.
2. Hold a public hearing, if necessary, to grant or deny the application.
If approved, the Board of County Commissioners' Chairman shall sign the final Plat.
8.8 General Amendment Procedure:
Reports and recommendations for amendments from the County Planning Commission to the Board of County Commissioners are required prior to the adoption of any such amendment.
A. A petition for amendment to this resolution shall be submitted to the Planning Commission through the Planning and Zoning Office.
B. The Planning Commission shall set a public hearing date, publish notice of said hearing at the expense of the applicant in a newspaper of general circulation at least thirty (30) days prior to the hearing date, and post notice on the appointed bulletin board in the Custer County Courthouse.
C. For proposed amendments to the official zoning map, the applicant shall place an appropriate sign(s) in a conspicuous place on the subject property, not less than thirty (30) days prior to the hearing, stating the change requested, the date, time, and place of the hearing. These signs and sign locations are subject to approval by the Planning and Zoning Office.
D. For proposed amendments to the official zoning map, the Planning and Zoning Office will notify adjoining property owners by certified mail and nearby or interested parties by regular mail or public notice in a newspaper of general circulation, at least fifteen (15) days prior to the hearing. The notification shall include the change requested, the date, time, and place of the hearing. Applicants may be required to pay additional postage, if postage exceeds 20% of application fee.
E. During the public hearing, the Planning Commission shall submit a report and/or recommendations on the proposed amendment to the Board of County Commissioners.
F. The Board of County Commissioners shall proceed with the amendment request, as prescribed by law, for the consideration of adoption of any County zoning resolution.
8.8.1 Amendments to change the Zoning Classification:
Amendments to this Resolution may be adopted whereby the Zoning classification of an area is changed if the following conditions exist:
A. That the area in question abuts an existing District having the zoning classification desired; or
B. That the petitioner has shown substantial evidence that the area in question possesses geological, physiological, or other environmental conditions compatible with, and warranting similar district requirements as, the environmental conditions characteristic of the District for which application is being made; or
C. In order to effectuate the Master Plan; or
D. To correct a mistake in the zoning process.
8.9 Private Access onto Public Rights-of Way:
Before constructing or modifying any private access way, such as a driveway or a private road that intersects with a publicly maintained right-of-way, a permit must be obtained from the appropriate authority. In the case of a State highway, the Colorado Department of Transportation (CDOT) has jurisdiction. For County maintained roads, the County Road and Bridge Department has jurisdiction.
A. Procedures for obtaining a permit from CDOT may be acquired by contacting the local CDOT office in Pueblo, Colorado.
B. Permits are required for all accesses that intersect County maintained roads and the access shall be inspected for compliance. Permit fees for ingress and egress are established by the Board of County Commissioners. Permits shall be obtained from Custer County Road and Bridge Department (Shop), located behind the Wet Mountain Fire Station in Westcliffe. The following standards have been established by the Road and Bridge Department:
1. A maximum of two accesses will be allowed per parcel.
a. If property is accessible through a subdivision, all ingress and egress must be accessed from that subdivision road, unless unusual circumstances exist as determined by the Road and Bridge Department.
b. All permits for access will be clearly marked for inspection and a plot plan will be provided with information consisting of lot number, road number or name, filing and subdivision name.
2. There must be visibility of vehicular traffic in both directions along the road of at least three hundred (300) feet from the driveway.
3. The minimum width of subdivision road access will be twenty-six (26) feet.
4. Only annular or spiral culverts are to be installed and the MINIMUM length of culvert allowed is thirty (30) feet.
5. The diameter of the required culvert is 12" minimum, however, the actual size will be determined by the Road and Bridge Department and is site specific.
6. Culverts must have at least six (6) inches of cover (dirt). The top of the cover must be level with the grade of the County road. Culverts should be installed after all contractor work is completed to avoid damage to the culvert.
7. A minimum of 2 weeks is required from the date of application before the initial inspection will be done. All inspections will be done by the Road Supervisor or assistants.
8. There is a ninety (90) day completion period from date of initial inspection.
9. A completion date will be specified on the permit at date of initial inspection. If the completion date can not be met, the Road and Bridge office shall be contacted for an extension.
10. Additional inspections will be charged according to the fee schedule.
11. Driveways under construction without first obtaining a permit are subject to a fine of $300.00, in addition to double the normal permit fee.
12. Access will be verified during the Compliance Inspection prior to closing the Zoning Permit.
NON-CONFORMING USES, STRUCTURES AND LOTS
A. At the time of the passage of the original Zoning Resolution in 1971 and the adoption of amendments subsequent to that, certain uses of land and buildings did not meet the requirements of this Resolution. These uses are defined as non-conforming. It is the intent of this resolution to allow the continuance of such existing non-conforming uses unless that use is specifically countermanded by resolution or amendment.
B. Non-conforming Structures: Any building or portion thereof, built prior to the effective date of the original Resolution (April 6, 1971) or any amendment thereto, which does not conform with the regulation of the district in which it is located.
C. Non-conforming Lots: Any parcel of land created prior to the effective date of the original Resolution (April 6, 1971), or any amendment thereto, which does not conform with the regulation of the district in which it is located.
9.2 Change in Non-conforming Use:
The non-conforming use of a building or lot may not be changed to another non-conforming use. A non-conforming use of a building or lot may be changed to a conforming use.
A. A non-conforming use may be extended throughout any part of a structure, which existed at the time of enactment of the original Resolution.
B. A non-conforming structure to be enlarged shall conform with the provisions of this Resolution.
The following changes or alterations may be made to a non-conforming building or to a conforming building housing a non-conforming use:
A. Maintenance repairs that are needed to maintain the good condition of a building. If a building has been officially condemned, it may not be restored under this provision, unless it is proposed for historic preservation on the State or National Registry.
B. Any structural alteration that would reduce the degree of non-conformance or change the use to a conforming use.
9.5 Restoration or Replacement:
A. The cost of land or any factors other than the current cost of construction of the structure are excluded in the determination of cost of restoration for any structure or use devoted to a non-conforming use.
B. If a non-conforming use is destroyed or damaged in any manner such that restoration equals or exceeds fifty (50%) percent of the current cost of reconstructing that use to its state prior to damage, it shall be restored only if such use complies with the requirements of this Resolution.
C. If a non-conforming structure is destroyed or damaged in any manner such that restoration equals or exceeds seventy-five (75%) percent of the cost of reconstructing the entire structure to its state prior to damage, it shall be restored only if it complies with the requirements of this Resolution.
D. If a structure is non-conforming due to setback only, and is destroyed or damaged, it may be rebuilt upon the existing foundation.
E. Where a conforming structure devoted to a non-conforming use is damaged less than fifty (50%) percent of the cost of repairing or constructing the entire structure to its state prior to damage; or where a non-conforming structure is damaged less than seventy-five (75%) percent of the cost of reconstructing the entire structure to its state prior to damage, either may be repaired or restored, provided any such repair or restoration is started within twelve (12) months and completed within twenty-four (24) months from the date of partial destruction.
Whenever a non-conforming use has been discontinued for a period of one (1) year, it shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this Resolution.
9.7 Special Exceptions to Expansion of Non-conforming Use:
The Board of Zoning Adjustment may authorize, upon appeal in specific cases, an exception permitting an increase in either or both the land area or the floor area of a structure or structures occupied by a non-conforming use.
Every exception authorized shall be personal to the applicant and shall not be transferrable until after the construction of any authorized structure or structures and shall then run with the land. No exception shall be authorized unless the Board of Zoning Adjustment finds that all the following conditions exist:
A. That the use is a non-conforming use, as defined by this Resolution, and is in full compliance with all requirements of this Resolution applicable to non-conforming uses;
B. That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same District;
C. That the exception will not alter the essential character of the District in which it is located;
D. That the exception will not weaken the general purposes of this Resolution or the regulations established herein for the specific District;
E. That the exception will be in harmony with the spirit and purpose of this Resolution;
F. That the exception will not adversely affect the public health, safety, or welfare.
Non-conforming lots on record at the time of passage of the Zoning Resolution in 1971 may be built upon providing that all other relevant district requirements are met.
It is the desire of the County to minimize non-conforming lots by encouraging and facilitating the consolidation of contiguous non-conforming lots.
In accordance with C.R.S. § 30-28-120, and to protect the County and property owners of the County, verifiable proof of the creation of a non-conforming lot, claimed to predate the Zoning Resolution, will be required. Such proof must be provided by the applicant or property owner and shall consist of a plat or deed dated prior to the adoption of zoning. Proof of the non-conforming lot must be presented to the Planning and Zoning Office, who will review the documentation to determine the validity.
10.1 Special Uses Allowed by Permit Only:
Special Uses, as designated under Section 7, Zoning District Regulations, are allowed only by permission of the Board of County Commissioners, as follows:
A. Special Uses may be granted or denied at the discretion of the County Commissioners, whose determination shall be based on the purposes, standards, and requirements regarding Special Uses as set forth under Section 10.7, and under appropriate provisions of Sections 7 and 8 of this Resolution. In granting permission for a Special Use, the County Commissioners may impose additional conditions in order to comply with the purposes and intent of this Resolution.
B. Special Use Permit Modifications follow the same process as a new Special Use Permit.
C. Authorization of a Special Use Permit shall expire after (3) years, if it has not been acted upon; or such time as the authorization may specify; or if the project is not in compliance with terms and conditions of approval.
10.2 Regulation of Special Uses:
All Special Uses allowed by permit only shall conform to the regulations, as set forth in Section 7, for the District in which they have been permitted. In addition, such uses shall conform to any supplementary regulations, such as those designated for particular uses under Section 10.7 of this Resolution.
10.3 Procedures for Special Use:
Special Use permit procedures are set out in Section 8.6 of this Resolution.
10.4 Fees for Special Use Applications:
Application fees shall be paid by applicants for Special Use Permits. Fees shall be established by the Board of County Commissioners. The fees for Special Use Permits and modifications are designated in Schedule of Fees. Payment shall be made to Custer County when filing the application. Applicants may be required to pay additional postage, if postage for all applicable hearings exceeds 20% of application fee.
10.5 Performance Bonds Required for Some Special Uses:
A. Mining, Sand and Gravel, and Other Extractive Operations: Before any Special Use Permit shall be issued for a mining, sand and gravel, or other extractive operation, the applicant shall furnish one of the following: evidence of a bank commitment of credit in favor of Custer County, a bond, or a certified check, in an amount calculated by the County Commissioners to secure the site reclamation (as required in Section 10.6 of this Resolution). Site reclamations must be done in a workmanlike manner and in accordance with specifications and construction schedules established or approved by an appropriate engineer. Such commitment, bond, or check shall by payable to and held by the Board of County Commissioners.
This requirement may be waived by the Board of County Commissioners if such requirement has been or will be fulfilled by the applicant as a condition of obtaining appropriate permits through any State or Federal agency.
B. Bonds may be required for any or all Special Use permits as deemed appropriate by the Board of Commissioners of Custer County.
10.6 Supplementary Regulations for Special Uses Allowed by Permit Only:
The following regulations shall apply to Special Uses allowed by permit only, as indicated:
Mines, sand and gravel, and other extractive operations allowed as Special Uses in all Districts shall be subject to the following provisions:
A. That such use does not create any danger to safety of the citizens in surrounding area, does not cause water pollution and does not create substantial amounts of offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences beyond the boundaries of the property in which such use is located;
B. Permits shall be granted for these uses only with the provision that a satisfactory general reclamation plan for the land shall be submitted prior to the start of operations and implemented at completion:
1. The plan for site reclamation shall be submitted to and approved by the Board of County Commissioners before a permit may be issued;
2. The applicant shall furnish a bank commitment of credit, bond, or a certified check to secure the site reclamation according to the plan and as indicated in Section 10.5 A;
C. Motor vehicle traffic to and from such uses shall not create hazards or nuisances to any area in the County, nor shall it unduly damage public roads;
D. Any of the above requirements may be waived by the Board of County Commissioners if such requirement has been or will be fulfilled by the applicant(s) as a condition of obtaining appropriate permits through any State or Federal agency;
E. Time limits may be set.
10.7 Special Use Submission Requirements and Criteria:
Any Special Uses in the Districts shall be subject to the following provisions:
A. A plot plan, elevation of proposed structures, and a general written description of the proposed use shall be presented;
B. Such use does not jeopardize the safety of people or endanger wildlife in surrounding areas, does not cause water pollution, and does not create substantial amounts of offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences beyond the boundaries of the property on which such use is located;
C. A written explanation and presentation of methods to be used to minimize smoke, odors, noise, dust, and similar environmental problems which might result from the operation of the proposed use shall be made at the public hearing;
D. The application should demonstrate sufficient distance from abutting properties which might otherwise be damaged due to the operation of the proposed use. This distance will be negotiated with the Planning and Zoning Office and the distance will be finalized by the Planning Commission and Board of County Commissioners;
E. Satisfactory assurance shall be given that such areas shall be properly maintained;
F. Motor vehicle traffic to and from such uses shall not create hazards or nuisances to any area in the County, nor shall it unduly damage public roads;
G. Sufficient off-road parking shall be provided to accommodate the expected volume of users of such facilities;
H. Wildlife mitigation (see Appendix F), if applicable;
I. Any other item found necessary by the Planning and Zoning Office staff, Planning Commission, and Board of County Commissioners.
Accessory Uses and Accessory structures shall not occupy more than 10% of gross land area. Accessory structures may contain home occupations as outlined in Section 10.9. Accessory Use structures must meet the same standards and requirements as a dwelling, as applicable, such as: height, setback, septic, plumbing and electrical, detailed in Section 6. Fees shall be established by the Board of County Commissioners.
A. A lawful activity commonly conducted within a dwelling or accessory structure by a member or members of the family who occupy the dwelling, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained.
The economic structure of Custer County makes the existence of home-based enterprises necessary to a segment of the population. In the interest of encouraging economic activities within the County, while preserving the residential nature of local neighborhoods, certain restrictions concerning home occupations must be observed.
Ranching and farming activities are permitted as "Uses Allowed by Right," and the home occupation criteria do not apply to agricultural activities.
B. Conditions/Criteria for Administrative Approval of a Home Occupation:
A Home Occupation must operate under the following guidelines, if it is to be recognized as a Use by Right and not require a Special Use Permit:
1. Be an accessory use or any nonresidential use conducted entirely within a dwelling unit or adjacent accessory building and immediate area;
2. Be an activity that is carried on solely by the inhabitants of the dwelling;
3. The use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes;
4. Does not occupy more than twenty (20) percent of the total floor space of the dwelling, nor more than two thousand ( 2000 ) square feet in an accessory structure;
5. The operation of a home occupation shall not cause or encourage an amount of vehicular or pedestrian traffic not normally associated with the residential or agricultural area in which the home occupation is conducted;
6. Does not create any substantial nuisance detectable beyond the property line. Examples of nuisances include, but are not limited to smoke, dust, noise, electrical interference, excessive trash or waste materials, or water pollution;
7. Will not include occupations that create or improperly store hazardous materials on the premises;
8. Obtain a Letter of Approval from Homeowner's Association, if such occupation is in conflict with Covenants;
9. There is only limited and incidental sale of stocks, supplies, or products conducted on the premises;
10. The residential character of the dwelling and accessory building is maintained.
C. Prior to establishing a home occupation on a property, the homeowner must file with the Planning and Zoning Office a Notice of Home Occupation and receive approval in order to avoid the Special Use Permit process. From time to time the Planning and Zoning Office will inspect the premises for compliance.
D. If the Home Occupation does not fit into the above mentioned criteria, then it shall require a Special Use Permit.
The Custer County Planned Unit Development (PUD) Section is authorized by the C.R.S. § 24-67-101 et seq., and as amended.
The purpose of this section is to provide an alternative to the County land use regulations, combining use, density and site plan considerations into a single process. A PUD is specifically intended to encourage diversification in the use of land and flexibility in site design with respect to spacing, setbacks of buildings, densities, open space and circulation elements; innovation in residential development that results in the availability of adequate housing opportunities for varying income levels; more efficient use of land and energy through smaller utility and circulation networks; pedestrian considerations; and development patterns in harmony with nearby areas. It must be a development that promotes the health, safety, and general welfare of the present and future residents of Custer County, while maintaining the rural ambiance and overall intent of the Custer County Zoning Resolution.
Any PUD proposed in Custer County shall provide adequate infra-structure, including but not limited to: water and sewer to its users, adequate roads, power, and telephone; and prevent excessive disruption to wildlife habitat or wetlands.
A Planned Unit Development is an entire development concept and shall be reviewed as a whole. It may be granted in the County after approval through the permit process. Permits are allowed only by permission of the Board of County Commissioners following a review by the County Planning Commission. PUD Permits will be approved or denied at the discretion of the County Commissioners, whose determination shall be based on the purposes, standards and requirements of this Resolution. Before any Final PUD approval shall be issued for a Planned Unit Development, the County Commissioners shall require that the applicant furnish one of the following: evidence of a bank commitment of credit in favor of Custer County, a bond, or a certified check, in an amount calculated by the Commissioners to secure all or part of the public infrastructure improvements such as water, sewer and road construction. These improvements should be accomplished in a workmanlike manner, and in accordance with specifications and construction schedules established by applicant and approved by the Board. Any such commitments, bonds or checks shall be payable to and held by the Board of Commissioners of Custer County. In granting a PUD Permit, the County Commissioners may impose additional conditions or approve incentives in exchange for other considerations, as agreed upon by all parties involved before the final plan is approved. If an application is denied or the application lays dormant longer than the allotted time (see Section 8.7), it shall be considered expired by the Custer County Planning and Zoning Office. If the applicant wants to re-institute the application, it will be treated as a new application.
11.4 Permit Procedures for a PUD:
Authorization of a Permit for a Planned Unit Development shall be void after three years or such time as the authorization may specify. However, the County Commissioners may extend authorization for an additional period on request.
The procedure to obtain a permit for a PUD is split into three phases:
1. Sketch Plan
2. Preliminary Plan
3. Final Plan
The Sketch Plan will consist of a Plot Plan and appropriate documentation that will enable the public, Planning Commission and Board of County Commissioners to render an informal preliminary review of the plan for general scope and conditions that might affect the plan. Approval at this point does not guarantee final approval. Upon completion of the Sketch Plan process, the applicant will have 90 days to submit all data for the Preliminary Plan, unless an extension is granted from the Planning Department. If the application is allowed to lay dormant for more than the allowable period, it will be considered withdrawn by the applicant.
The Preliminary Plan will consist of the entire concept of the PUD. The Preliminary Plan requires the engineer reports, hazard maps, development guide, and evidence that a water supply will be available that is sufficient in terms of quality, quantity and dependability for the Planned Unit Development. The purpose of this stage is to negotiate all the potential problems of the PUD. The Board of County Commissioners may have several meetings or hearings with the developer before approval of the Preliminary Plan is granted. Approval at this point does not guarantee final approval. Upon receiving approval of the Preliminary Plan, the applicant will have 180 days to submit all data for the Final Plan, unless extended by the Planning Department. If the application is allowed to lay dormant for more than the allowable period, it will be considered withdrawn by the applicant.
The Final Plan consists of final engineering and completed professional design of the PUD. The Final Plan requires road plans, final plat of the PUD, cost estimates, final copy of the covenants or deed restrictions, and other specified documents. The Board of County Commissioners may have several meetings with the developer before approval of the Final Plan is granted. The Planning Commission and Board of County Commissioners will hold a hearing within 90 days of receiving the Final Plan. An applicant has three years to complete its PUD from the date of final approval, otherwise the approval will be deemed to have lapsed.
SEE APPENDIX C FOR A DETAILED EXPLANATION OF EACH PHASE.
A PUD is intended to allow for development of a site without the customary District zoning regulations, subject to the PUD regulations set forth herein. It is intended:
A. To promote increased economic uses and development of the land, while protecting unique environmental and ecological assets;
B. To allow for unique residential, commercial, and recreational developments in which various uses and structures may be grouped in appropriate relationships to each other, to open space and to common facilities;
C. To provide for desirable, well-located, clean and safe light industrial sites involving a minimum of strain on transportation facilities;
D. To meet the applicable objectives of C.R.S. § 24-67-102.
11.6 Acceptable Uses and Unacceptable Uses:
A PUD may include, but is not limited to, the following uses, separate or in combination and subject to the density and design standards designated below:
1. Single, and multi-family dwelling units
2. Commercial/Retail
3. Recreational facilities
4. Private offices, public offices, utilities
5. Convention facilities
6. Eating and drinking places
7. Lodging places, including motels, hotels, lodges, and bed & breakfasts
8. Schools
9. Churches
10. Resorts
11. Light Industry
A PUD proposal is UNACCEPTABLE if the concept:
1. Includes Concentrated Animal Feeding Operations.
2. Includes heavy industry.
3. Is located in Zoning areas I ( Grape Creek District ) or II ( Sangre de Cristo District ).
The following standards shall be observed regarding planning, design, and construction of the PUD:
A. Planned Unit Developments will not be allowed in Zone I or Zone II. Minimum acreage for a residential PUD in all other Zones is 70 acres. The minimum acreage for a commercial/industrial PUD is 10 acres. The acreage must be a legal building site. The PUD plan must be in general conformity with the Master Plan.
B. 50% of the PUD acreage shall perpetually remain in open space limited by deed restriction.
C. Designed in such a manner that it protects the environmental assets of the area. Impacts on habitat, streams, storm drainage courses, and scenic vistas must be considered.
D. Design and construction plans shall take into account soils, slopes and potential geological hazards, in such a manner as to protect the health, safety, and welfare of potential users.
E. Design and construction shall include adequate, safe, and convenient arrangements for pedestrian circulation, roadways, driveways, off-road parking and loading space.
F. Designed to minimize fire hazards.
G. Innovative mixed land uses, variations in development densities and variety in type, design and layout of buildings.
H. Design and construction relates to and preserves to the extent practical, the natural features of the site and avoids areas having development constraints.
I. Design and construction provides a means for clustering development, more effective land utilization, and more cost effective and efficient extension of infrastructure.
J. Design of the PUD is consistent with the overall direction and intent of any applicable master plan, this Resolution and the County's subdivision regulations.
K. Design of the PUD is compatible with present development area and will not have a significant, adverse effect on surrounding areas.
L. Design of the PUD adequately mitigates the developer's impact on wildlife (See Appendix F).
The project shall be required to meet the approval of the Planning Commission and Board of County Commissioners. This plan must anticipate future growth and address the following topics:
A. Water System:
1. The developer must submit an engineer designed water collection system and water treatment system that provides for a physically available and legally adequate water supply, and meets the requirements of 2 and 3 below.
2. All water systems shall be subject to applicable standards, technical procedures, and requirements of the Colorado Department of Public Health and Environment (CDPHE) and the Colorado Division of Water Resources.
3. Water lines shall be designed to connect each lot with mains in accordance with applicable engineering standards.
B. Sewage Treatment Facilities:
1. The developer must submit an engineer designed collection system and waste water treatment system.
2. These facilities shall meet or exceed the standards set by the Colorado Department of Public Health and Environment.
C. Storm Drainage System Design:
1. The developer shall provide an engineer designed storm drainage system of sufficient capacity.
2. All existing drainage features which are to be incorporated in the design shall be identified. The drainage and flood plain systems shall be designed to allow the unimpeded flow of natural water courses and insure adequate drainage of all low points.
D. Open Space:
1. Open Spaces within the PUD, including those spaces being used as public or private recreation sites, shall be protected by adequate covenants running with the land, conservation easements, or deed or plat restrictions.
2. Open Space must be functional in terms of optimal preservation of natural features;
3. Open Space shall be no less than 50% of the gross land area. Only half of this 50% (25% of the gross land area) may be Usable Open Space.
4. The developer shall provide a Long Term Open Space Management, Maintenance, and Use Plan.
E. Roads:
1. The developer must submit a plan that defines the ownership status and the maintenance for all roads created by the plat. Ownership and maintenance statements shall be included on the plat.
2. Roads, bridges and culverts must meet the County Road Specifications and the approval of the Board of County Commissioners, Custer County Road and Bridge Department and Emergency Services;
3. Where roads are to be constructed through timber, the timber must be cleared from the right-of-way by the developer;
4. Street signs shall be installed at all intersections in the PUD, according to street names approved by the Board of County Commissioners. Street sign design must meet the approval of Board of County Commissioners, Emergency Services and Road and Bridge Department.
F. Easements and Rights-of-way:
1. Dedicate public rights-of-way on plat.
2. Utility Easements shall be a minimum of twelve (12) feet wide and meet the requirements of the appropriate utility.
3. Where a PUD is traversed by a water course, drainage way, channel, or stream, a storm water easement or drainage right-of-way shall be provided.
G. Fire Plan:
The developer must meet with the Fire Chief and Fire Marshall that serve the area and develop a Fire Plan.
1. Fire hydrants or adequate water storage supply shall be required. Hydrants and/or water storage tanks shall be installed and located according to state requirements and the recommendations of the local fire district.
2. Plans to minimize fire hazards, including wildfire mitigation.
H. Utilities:
The developer must submit a Utility Plan to all impacted local utilities to include, but not be limited to: the electric company, propane company, postal service, telephone company, water and sanitation district, when applicable. This plan must meet with the approval of each organization, as well as the Board.
I. School District:
The developer will meet with a school representative and develop a plan to address potential impacts, if applicable.
J. Wildlife Review Plan:
The developer shall submit his PUD plat proposal to the Planning and Zoning Office, who will forward it to the Colorado Division of Wildlife for their review and recommendations. Any PUD approval must adequately mitigate, to the extent feasible, significant wildlife impacts created by the proposed PUD.
K. Home Owner's Association and Covenants:
1. The developer shall institute a Home Owner's Association (HOA) or Property Owner's Association (POA), where applicable, which among other duties, shall be responsible for maintaining open space and common areas.
2. The developer shall submit to the Planning Commission the proposed covenants or deed restrictions. These shall include the ownership of all open space and common areas.
L. Landscaping Design Guidelines:
1. The developer shall include landscaping design guidelines in the PUD covenants;
2. Trees and shrubs shall be planted within property lines and are prohibited within street right-of-way sight lines except upon recorded approval by the Board of County Commissioners.
M. Parking:
A parking space shall be a minimum of 200 square feet in area, with a minimum width of 10 feet. Parking spaces shall be provided in the PUD according to the following:
1. Dwelling units (private and commercial lodgings) - 2 spaces per unit;
2. Churches, auditoriums, and other facilities housing seated audiences - 1 parking space per every 4 seats;
3. Other indoor uses (including, but not limited to, offices, retail goods and services, and eating and drinking places) - 1 space per 300 square feet of floor area;
4. Outdoor or mixed facilities and combinations of any permitted uses - sufficient number of spaces that will, in the determination of the Commissioners, make reasonable and adequate provision for the highest expected volume of users. Such determination may be based upon the following:
a. The designated capacity of such facilities;
b. An overall plan for concentrations of parking with consideration for designed landscaping in relationship to the surroundings;
c. Trade-off, or alternating use of parking area(s) by uses occurring during different hours, days or seasons.
d. ADA requirements for physically challenged must be met.
N. Advertising Devices:
Advertising Devices shall be permitted in the PUD in accordance with State and County advertising device requirements.
O. Maximum Building Height:
The maximum height of buildings should be consistent and in accordance with County building height requirements, however, such restrictions may be relaxed where appropriate.
P. Garbage Disposal Plan:
The developer shall submit a garbage disposal plan for approval. This plan must include, but may not be limited to, centralized waste disposal container locations as approved by DOW, bear-proof trash containers, disposal site, and trash pick up.
Q. Subdivision Regulations:
Where applicable and not in conflict with PUD plan requirements, a PUD plan must also satisfy the requirements of the County's Subdivision Regulations and State statutes for subdivision approval.
11.9 Requirements Regarding Density and Design:
A. The following requirements shall be observed in regard to the specified densities and uses in the PUD:
1. Open Space: A minimum of fifty percent (50%) of the total PUD area shall be devoted to a combination of Useable Open Space and Open Space (11.8.D above).
2. Residential Density: Net Residential Density shall be no more than double the allowed zone density; Industrial Density shall be no more than 20,000 square feet per acre (Includes parking areas, road systems and buildings), and Commercial Retail Density shall be no more than 10,000 square feet per acre (Includes parking areas, road systems and buildings).
3. Density of Other Uses: The average net density of the total area devoted to all other permitted uses will be negotiated with the Planning Commission and County Commissioners considering the following characteristics of the proposed PUD:
a. The geographical location;
b. The probable effect on surrounding slopes and mountainous terrain;
c. Adverse visual effects to adjacent sites or other areas in Custer County;
d. Potential problems for adjacent sites caused by shadows, loss of air circulation, or closing of view;
e. Influence on the general vicinity, with regard to extreme contrast, vistas, and open space;
f. Uses within the proposed building.
B. Consideration will be given to the influences of topography, insofar as it affects street patterns, proper drainage and protection of scenic views.
11.10 Fees for PUD Application:
Fees for the PUD process or modification shall be established by the Board of County Commissioners. Applicants may be required to pay additional postage, if postage for all applicable hearings exceeds 20% of each phase's application fee.
11.11 Modification of an Approved PUD:
All proposed modifications to a PUD Plan that has received final approval by the Board of County Commissioners must be approved at a public hearing. Any PUD Modification that would increase density or change an approved use must follow the approval requirements for preliminary and final plan reviews.
In order to encourage alternative and efficient use of land, adequate housing opportunity for varying income levels, more efficient use of infrastructure, and in keeping with the desire to preserve open space, the County has devised Cluster Development criteria for residential development.
The following shall be observed regarding planning, design, and construction of the Cluster Developments:
A. MINIMUM of 350 acres is recommended for a Cluster Development. Other Plan requests will be considered on the merit of the Plan.
B. Residential Net Density shall be no more than double the number of 70 acre lots that could be created. In other words, you can have two (2) residential homes for every 70 acres.
C. Between 50% - 80% of the Cluster Development's gross acreage shall remain in open space and protect wildlife habitat or critical areas from development for at least forty years from approval.
D. Compliance with the Custer County Subdivision Regulations where applicable.
E. We have a 1640 acre cluster housing development (The Sierra Mojada Project) that can be studied by future developers interested in the principals of ecological design/cluster housing concepts..... Click here to Learn more:
http://sangre-de-cristo.com/westcliffe/sierra_mojada
F:All proposed residential developments in Zone I (Grape Creek District) and Zone II (Sangre de Cristo District) must be Cluster Developments.
In order to preserve open space, the County may allow additional dwellings, if clustered, in conjunction with conservation easements of 350 acres or greater. Smaller acreage tracts will be reviewed on a case by case basis, as it advances the County's goal of preserving open space. All additional dwellings must be for family members, employees or non-revenue guests under the following criteria:
A. A maximum of five (5) additional dwellings may be allowed.
B. All dwellings must comply with State water and health regulations regarding wells and septics and must comply with all County regulations.
C. Each request will be negotiated on a case by case basis with the Planning Commission and Board of County Commissioners, and agreed upon conditions will run with the land. Any request for Conservation Easements and Cluster Development incentives will be reviewed in the same manner as Special Use Permits.
In order to protect desired land features, the County will offer a 25% discount on all Zoning Permit fees for not building in a designated critical wildlife habitat area, or closer than 300 feet from the edge of a riparian area (see definition Section 2.3) provided the actual building site is within 500 feet of that riparian area. All measurements will be designated on a plot plan, confirmed by the Planning and Zoning Office, and mis-representation will be subject to penalty.
This Resolution shall be enforced by the Planning and Zoning Office.
Any person aggrieved by a violation or apparent violation of the provisions of this resolution may file a written complaint with the Planning and Zoning Office. The Planning and Zoning Office shall begin an investigation within five (5) days of receiving the complaint. If violations are found to exist, the Planning and Zoning Office will take appropriate legal action to have the violation remedied and/or the violator penalized .
Whenever the Planning and Zoning Office finds a violation of any of the provisions of this resolution, the person responsible for the violation shall be notified, in writing, and shall be ordered to make the necessary corrections within a period of thirty (30) calendar days. The name, address and phone number of the person filing the complaint will be made available to the person suspected of being in violation.
A. Non-judicial Fines:
The penalty for beginning construction, including excavation, without first obtaining the appropriate zoning permit shall be as established on the Fee Schedule set by the Board of County Commissioners. Misrepresentation on a zoning application is a $300.00 fine. In addition, any such structure that is in violation of any part of this Resolution shall be required to be brought into compliance or removed.
The penalty for erecting signs in the unincorporated County that do not meet the requirements of Section 6.4 or have not been permitted shall be double the cost of the initial permit plus the permit fee cost.
B. Judicial Penalties:
1. "Any person, firm, or corporation violating any such regulation, provision, or amendments thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County Jail for not more than ten (10) days, or by both, such fine and imprisonment. Each day during which such illegal use of any building, structure, or land continues shall be deemed a separate offense." (C.R.S. § 30-28-124) The first day of illegal use will be deemed as the date of legal notification by the Planning and Zoning Office.
2. "In addition to any penalties imposed pursuant to section 30-28-124, any person, firm or corporation violating any such regulation, provision, or amendment thereof or any provision of this part 1 may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than two hundred fifty dollars nor more than five hundred dollars. It is within the discretion of the county attorney to pursue the civil penalties set forth in this section, the remedies set forth in section 30-28-124, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed fifty dollars for each day. In no event shall civil penalties imposed pursuant to this section constitute a lien against real property." (C.R.S. § 30-28-124.5 (1))
A violator shall reimburse the County for legal fees, costs and such other and further relief as the court deems just, incurred while pursuing legal action against Zoning Resolution violations.
ADMINISTRATIVE VARIANCE PROCESS FOR TAKINGS
Any landowner, developer or applicant who has exhausted all other available processes under this Zoning Resolution may file a petition for an administrative variance with the Board of County Commissioners where such landowner, developer or applicant believes that the application of this Zoning Resolution results in an unconstitutional taking of property or a denial of all reasonable use of property. Any such petition must be filed in writing within thirty (30) days of the final decision by the Board of County Commissioners or other land use authority that the claimed taking results from. The petition should detail the decision that the petitioner seeks relief from, the basis for the relief and the relief requested. The board will then hold a public hearing on the petition and allow the petitioner and staff to provide their presentations on the petition. If the Board determines that the petitioner has stated a claim for a taking under Article II, Section 15 of the Colorado Constitution or the Fifth Amendment of the United States Constitution, then the Board has the power to relax the provisions of this Zoning Resolution or grant a variance only to the extent required to avoid a taking or denial of all reasonable use. The initiation of a petition under this section is required prior to the initiation of any lawsuit claiming a taking against Custer County for applying this Zoning Resolution.
Plats submitted to the Planning and Zoning Office for approval of the Planning Commission and/or Board of County Commissioners must meet both parts A.1 and A.2 as stated below:
A.1 Minimum State Requirements set by C.R.S. § 38-51-106 as quoted below:
C.R.S. § 38-51-106. " Land survey plats. (1) All land survey plats shall include but shall not be limited to the following:
1. A scale drawing of the boundaries of the land parcel;
2. (I) All recorded and apparent rights-of-way and easements, and, if research for recorded rights-of-way and easement is done by someone other than the professional land surveyor who prepares the plat, the source from which such recorded rights-of-way and easements were obtained; or
(II) If the client wishes not to show rights-of-way and easements on the land survey plat, a statement that the client did not want such rights-of-way and easements shown;
3. All dimensions necessary to establish the boundaries in the field;
4. A statement by the professional land surveyor that the survey was performed by such surveyor or under such surveyor's responsible charge;
5. A statement by the professional land surveyor explaining how bearings, if used, were determined;
6. A description of all monuments, both found and set, which mark the boundaries of the property and of all control monuments used in conducting the survey;
7. A statement of the scale or representative fraction of the drawing and a bar-type or graphical scale;
8. A north arrow;
9. A written property description, which shall include, but shall not be limited to a reference, to the county and state together with the section, township, range and principal meridian or established subdivision, block and lot number, or any other method describing the land as established by the general land office or bureau of land management;
10. The signature and seal of the professional surveyor;
11. Any conflicting boundary evidence."
A.2 County Requirements:
In addition to the above State Statute the following requirements are set forth by the Custer County Zoning Resolution:
1. The survey must include language that explains the intent of the survey, and dedications of any road, right-of-way or property to the county, as applicable.
2. The plat must include appropriate signature blocks for county authorities indicating that the plat is approved and that any dedicated property is accepted;
3. The plat must contain provisions for signatures of all property owners within the platted area. Proof of ownership shall be evidenced by a Title Commitment or Policy that is not older than sixty (60) days from the date of application or submission;
4. The survey must be submitted thirty (30) days before the Board of Zoning Adjustment and Planning Commission Meeting, so the County Surveyor and/or County Cartographer has adequate time to review the submittal;
5. The plat must show compliance with the provisions of the Wildlife Review Process and Department of Wildlife (DOW) Provisions as authorized by C.R.S. § 24-65.1-101, et seq., 1973, and H.B. 1041;
6. The plat must show all easements and rights-of-way contained within the Title Commitment or Policy. It must also show any physical evidence of easements or rights-of-way burdening the property which were discovered during the course of the survey, such as, but not limited to, irrigation and drainage ditches, roads serving other properties, and utilities. Lot line vacations do not necessarily eradicate easements;
BUILDING HEIGHT BENCHMARK STANDARDS
See Sections 6.3 and 6.4.
1. A monument must be established, prior to disturbing the building site, in the proximity of the proposed structure, if that structure is to be over 35 feet in height. This monument must be driven firmly into the ground and have (as a minimum) the following characteristics:
a. A ferrous rod possessing a magnetic field and being 5/8" in diameter and 24" in length;
b. Attached to the top shall be a 3" diameter red plastic cap stamped with the following information:
- The assumed relative or actual elevation;
- BM or Bench Mark;
- Date (year only);
- PLS # of the registered surveyor placing the monuments.
c. Reference marks (a minimum of 2) must be established having a vertical and a horizontal relationship to the bench mark. Examples of reference points could include, but are not limited to the following:
- Water well head;
- Corner of concrete slab or step;
- Spike driven into a tree or power pole;
- "X" chiseled in a native rock ledge or boulder;
- Property boundary monument.
2. The following pertinent elements of the building site must be tied together both vertically and horizontally, so as to allow for the retracement at a later date by standard surveying measurement methods:
a. The proposed building perimeter corners (footprint) as staked by the owner/contractor for use by the surveyor;
b. The bench mark;
c. The reference marks.
3. The following elements of the building site, pertinent to the structure to be permitted, are to be tied in horizontally (as a minimum) to the boundary lines of the permitted parcel, so as to be retraced by standard survey methods at a future date:
a. Proposed footprint;
b. Bench mark;
c. Other structures or unique topographic features in proximity;
d. Affected utilities;
e. Neighboring structures or wells in proximity.
NOTE: Horizontal ties to property lines (calculated or measured) must be comprised of both elements of measurement -- distance and bearing.
B.2 Plot Plan (Submittal) Requirements:
1. A drawing must be submitted having the following minimum elements:
a. Size minimum 8.5" x 11" to a maximum of 18" x 24".
b. The drawing must be to scale and indicate clearly a graphic scale and North arrow with a statement of the basis of bearings if used.
c. The legal description of the permitted parcel must be placed on the drawing or submitted as an attachment thereto.
d. The boundaries of the parcel and ties from boundaries to various permitted elements must be shown in such a way as to be retrace-able in the future.
NOTE: The elements and their dimensional relationships were previously defined in the "Site Requirements" in B.1.
e. The boundary or control monuments used to relate the proposed improvements by measurement must be depicted, described and tied to the other elements of the plot plan.
f. If no boundary monuments on the permitted parcel are available, other control monuments may be used, such as, but not limited to, the following:
- Other relative lot or block monuments
- Aliquot monuments
- Highway markers.
g. The footprint must be dimensioned both horizontally and vertically in such a way as to allow for the determination on-site of the high and low points of the native grade along the proposed structure perimeter as they existed at the time of plot plan preparation.
h. If the data shown is representing a site with previously disturbed grades, this fact must be indicated along with the likely date of the disturbance.
i. The drawing must contain a signature and seal block for a statement by the registered Colorado land surveyor indicating the following:
- The information contained on plot plan is correct and was derived under his supervision, responsibility and verification;
- An original signature, date and seal.
j. The drawing must be executed in a clear, reproducible and workmanlike manner.
B.3 Planning and Zoning Office Requirements:
1. A copy of the stamped, signed surveyor's notes must be submitted to the Planning and Zoning Office with the application for a zoning permit.
2. If there is a dispute or question about the height of a structure, or the accuracy of monuments, which can not be clearly resolved by the Planning and Zoning Office staff, the Board of County Commissioners may hire a surveyor, at applicant's expense, different from the surveyor who performed the original work to try to establish data that will resolve the question.
3. The Board of County Commissioners will be the final decision maker to resolve any height dispute.
4. If the Building Height Benchmark is necessary and can not be established, or is not performed prior to disturbing the soil in some way that changes elevation in the vicinity of a proposed structure, the Planning and Zoning Office will deny the zoning permit.
5. Effective start for Building Height Benchmark requirement, previously referred to as monumentation, throughout the County was October 2, 1997. Building on soil disturbed prior to that date will have its structure height measured from existing grade.
6. Appeal from the denial of a zoning permit is in the Zoning Resolution Section 4.3 "Board of Zoning Adjustment," paragraphs G, I and J.
DETAILED REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT
Detailed explanations of PUD phases as referred to in Section 7.7 and Section 11.
The general procedures to be followed for each phase of the PUD approval process are:
1. The applicant shall:
a. Arrange a conference meeting with the Planning and Zoning Office. A pre-site evaluation may be included. Other individuals may be included at the discretion of the Planning Commission and Planning and Zoning Office.
b. Submit a written application, at least 30 calendar days prior to the hearing date for each particular phase. Along with the application, the applicant shall submit the required documentation and applicable fees to the Custer County Planning and Zoning Office.
c. Arrange a meeting and appear in person, or by authorized representative before the Custer County Regional Planning Commission to present the Sketch Plan.
d. Appear in person, or by authorized representative at the site evaluation tour. The site evaluation tour shall be conducted prior to the Sketch Plan hearing date and may be required, at the Planning Commission's discretion.
e. Appear in person, or by authorized representative before the Custer County Planning Commission and Board of County Commissioners in a public hearing to present the plan for each phase of the PUD process.
2. The Planning and Zoning Office shall:
a. Meet with the applicants for the pre-application conference and the pre-site tour evaluation.
b. Review the written application and associated documentation, and collect the appropriate fees.
c. Review the above documentation for completeness, process the submitted fees and prepare the packets for dissemination to the following interested parties:
1) Planning Commission Members and Associates;
2) Board of County Commissioners;
3) Adjoining Property Owners
d. Send packets to the following interested parties, if applicable, for both the Preliminary Plan and Final Plan reviews, in addition to the parties listed above:
3. The Planning and Zoning Office shall schedule the public hearing on the application, and ensure a Public Notice appears in a newspaper of general circulation within Custer County as defined in Section 8.5 of this Resolution.
a. Applicant shall appear in person, or by authorized representative at a public hearing to present each phase of the Plan.
b. The Custer County Planning Commission shall:
1) Study and review each plan before taking action on each application phase.
2) Review any additional qualified opinions or questions.
3) Make recommendations of action to the Board of County Commissioners including pertinent background information supporting the recommended action.
c. The Board of County Commissioners shall:
1) Study and review the application and accompanying evidence before taking action on the application. Such evidence may include all items included in the review and study by the Custer County Planning Commission, as well as their recommendations.
2) Approve or reject each phase of the Plan based on the purposes, standards, and requirements of this section. The County Commissioners may impose additional conditions or changes in any phase of the plan in order to comply with the purposes of this Resolution.
3) Require that the applicant provide commitment of credit, bond, or certified check for all or part of the proposed improvements, as indicated in Section 10.6 before granting final approval of the PUD.
C.2 Submission Requirements for Each Phase of the PUD Plan:
The following sections detail the submission requirements for each phase of the PUD plan:
This Sketch Plan should include the following (including dimensions and distances):
1. Suitability of the land for the proposed planned unit development in terms of slope, flood plain, soil erosion, drainage and vegetation;
2. Compatibility of the PUD with surrounding land uses;
3. The location of the PUD in relation to surrounding land uses;
4. Impact on public facilities and services, including schools;
5. Evidence that a water supply will be available that is sufficient in terms of quality, quantity and dependability for the Planned Unit Development;
6. Proposed lot arrangement;
7. Proposed building locations;
8. Proposed street pattern;
9. Proposed areas which are to be conveyed, dedicated, or reserved as common open areas, and as sites for schools or other public buildings;
10. Proposed grading and drainage pattern;
11. Indication of street ownership;
12. Fire/Wildfire minimization/mitigation and emergency vehicle access.
13. Status of property title.
14. Documentation of water and sewer availability.
15. Preliminary reports concerning impact on streams, lakes, topography, vegetation, and wildlife habitat.
16. Preliminary reports concerning geologic characteristics of the area significantly affecting the land use and determining the impact of such characteristics on the proposed PUD.
17. Preliminary evaluation of potential radiation hazards in areas of potential radiation hazard to the proposed future land use.
18. Preliminary maps and tables concerning suitability of types of soil in the proposed PUD in accordance with the National Soil Survey.
Criteria to be used in the Preliminary Plan shall include, but not be limited to, the following:
1. The effect of the proposed PUD upon the immediate area, including employee housing requirements.
2. Whether an exception from the zoning resolution requirements and/or from the subdivision regulations requirements is warranted by virtue of the design and amenities incorporated in the development plan and development guide.
3. That the proposed PUD is in conformance with the general intent of the zoning resolution.
4. That existing and proposed utility services are adequate for the proposed development and that the methods of financing, construction and maintenance are sufficient to insure the on-going provision of those services.
5. That the PUD does not create unacceptable air, water or noise pollution, or any other undesirable effects.
6. The suitability of the overall PUD design as well as any general phasing scheme that may apply.
7. Other relevant matters related to the PUD as determined by the Planning Commission and Board of County Commissioners.
The Preliminary Plan shall consist of:
1. Property survey and legal proof of ownership with a full disclosure of all mortgages, liens and encumbrance against said property. The property survey shall consist of:
a. Minimum Standard as outlined in the Custer County Plat Standards (see Appendix A).
b. Name of Subdivision.
c. Scaled so that all requirements are discernable on plat no smaller than 2' X 3'.
d. Total acres to be subdivided.
e. Name and address of land owner.
f. Location of the PUD, with surrounding tracts of land identified by ownership, and by reference to permanent survey monuments with a tie to a section corner or a quarter-section corner.
g. Location of section lines, and approximate location and principal dimensions for all existing and proposed streets, alleys, easements, rights-of-way, lot lines, area to be reserved for public use and other important features within and adjacent to the tract to be developed.
h. Topography at vertical intervals of two (2) feet where the average slope of the subdivision is less than ten (10) percent and at vertical intervals of five (5) feet where the average slope of the subdivision is ten (10) percent or greater. USGS datum may be used if it meets the interval requirements.
i. Location of streams, washes, canals, irrigation laterals, private ditches, culverts, lakes or other water features, including direction of flow, water level elevations and typical depths and location and extent of areas subject to inundation, whether such inundation is frequent, periodic or occasional.
j. Proposed sites for multiple family and single family residential areas, business areas, industrial areas and churches.
k. Total number of proposed dwelling units.
l. Total number of off-street parking spaces, excluding those associated with single family residential development.
m. Boundary lines and dimensions of the PUD.
n. Location of existing and /or proposed water and sewer utilities.
2. Relevant environmental characteristics and analysis applicable to the proposed PUD including the following:
a. Flood Hazard: A map showing the boundaries of a 100-year flood, delineating the possible depth of flood waters in the proposed PUD, and the proposed location of public improvements withing the boundaries, including buildings, utilities and roads. This information must be certified by a professional engineer.
b. Fire/Wildfire Hazard: A map showing the location of fire/wildfire hazards and the reason for the hazard, that is, slope, aspect, topography, fuel, and so on. A written report must accompany this map. It should include information regarding site-specific fire prevention and suppression plans. This information must be prepared by a professional forester or experienced fire marshal.
c. Geologic Hazard: A report concerning geologic characteristics of the area significantly affecting the proposed land use. Any hazardous conditions should be expounded upon and measures, if any, that could be taken to mitigate these conditions explained. This information must be prepared by a professional geologist.
d. Soil Suitability: Maps and tables concerning suitability of types of soil in the proposed PUD in accordance with the National Soil Survey.
e. Wildlife Review.
f. Important Resource Areas: Including potential mineral resources, historically significant or archeologically important areas and prime agricultural land.
g. Map of Utilities.
h. A PUD development guide that addresses the following:
1) PUD requirements as found in Section 11.
2) Preliminary copy of any proposed covenants and restrictions to the properties.
3) Names and addresses of developer, the designer of the PUD, the surveyor (who shall be licensed by the Colorado State Board of Examiners for land surveyors); the "experts" used along with their qualifications.
4) Evidence that the development plan will present no obstacle to extraction of mineral resources on or under the subject property, or evidence that the proposed development will be of greater economic value than the minerals present.
5) The estimated quantity of garbage and/or industrial waste to be generated, the types of waste involved and proposed disposal.
6) Growth projections for 5, 10, 20, 30 years.
7) Sustainability report for 5, 10, 20, 30 years.
8) Evidence that a water supply will be available that is sufficient in terms of quality, quantity and dependability for the planned unit development. Include evidence of ownership or right of, acquisition of, or use of, existing and proposed water rights, historic use and estimated yield of claimed water rights and the ability to amend existing rights to the proposed uses.
9) A check or money order, payable to the Colorado Geological Survey, in the amount necessary to cover fees charged for review of the Preliminary Plan by the Colorado Geological Survey.
10) Vicinity map drawn to scale showing the relationship of the proposed PUD to the nearest towns, and direct routes via County roads to the PUD from such towns.
11) Evidence of suitable and legal ingress and egress to the PUD, including emergency access.
12) Proof of financial responsibility in relation to proposed development costs.
13) Estimated total number of gallons per day of sewage to be treated by the central sewage treatment facility.
14) Estimated total number of gallons per day of water system requirements for the water distribution system.
15) Any documentation as required by the Planning Commission, Board of County Commissioners and the Planning and Zoning Office.
C.2.3 Final Plan Approval for PUD:
Applicants for the final plan approval of a PUD shall submit a written application and applicable fee to the Planning and Zoning Office, along with:
1. Any documentation as required by the Planning Commission, Board of County Commissioners and the Planning and Zoning Office.
2. Proof of a bond, if applicable.
3. Submit plan and centerline profiles for all street and roads.
4. Submit plan and profiles for sanitary and storm sewers.
5. Submit plan and profiles for water distribution systems.
6. Submit drainage plans.
7. A letter of intent, stating the estimated construction cost and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required by the Board of County Commissioners.
8. Construction time line detailing all major construction and completion dates for the developer.
9. Finalized edition of any covenants or restrictions to be placed on the property.
10. Final Plat Requirements:
a. Must adhere to Plat Standards.
b. Monuments: Affixed securely to the tip of each monument shown on the final plat shall be the Colorado registration number of the land surveyor responsible for establishment of said monument and the lot designation. Reasonably-permanent external boundary survey monuments shall be set at locations approved by the Board of County Commissioners, provided that such monuments shall be set not more than one thousand four hundred (1400) feet apart along any straight boundary line, at all angle points and at the beginning, end and points of change of direction or change of radius of any curved boundary.
c. Scaled such that all requirements are discernable on plats no smaller than 2' X 3'.
d. Title, scale, north sign, date.
e. All dimensions, angles, bearings, and similar data on the plat shall refer to primary control points. These primary control points shall be approved by the County Surveyor, prior to the final approval. Monuments and ties to monuments shall actually exist in the field before final approval. Elevation data shall be referenced to USGS datum.
f. Tract boundary lines, all rights-of-way including easements, property lines of all lots, must have accurate dimensions, bearings or angles, and radii, arcs or chords, and central angles of all curves.
g. Name of each street, and width of all rights-of-way.
h. Any easement required by the Planning Commission or Board of County Commissioners or granted to public utility companies shall be included, and the location, dimension, and purpose of such easement shall be given.
i. Number identifying each lot or site, and each block; and the area of each lot.
j. Location and description of monuments.
k. Any accompanying deed restrictions that shall be recorded, and shall be referred to on the final plat.
l. Any easement indicating perpetual open space.
m. Signature blocks of Approval by Planning Commission and Board of County Commissioners.
n. Any documentation required by the Planning Commission or Board of County Commissioners
11. Any changes to an Approved Plan must use the same procedure as for initial approval of the Plan.
12. Permits will be issued for construction in a PUD only on the basis of the Approved Plan.
General Flow Chart
Proposal meeting with Planning and Zoning Office
Submit application/documentation/applicable fees
Meet with Regional Planning Commission
Site Tour by Board Members
Presentation of Plan at Public Hearing for each phase of PUD process
Planning Commission/Board of County Commissioners Action
To inspect structures, Special Uses or PUDs for compliance with the current Custer County Zoning Resolution and the Custer County Septic Regulations.
A compliance inspection will be performed when the following are met:
1. The structure is dried in,
2. The appropriate plumbing inspection completed, if applicable,
3. The appropriate electrical inspection completed, if applicable,
4. The individual sewage disposal system has been installed and has passed inspection, if applicable and,
5. The use tax obligation has been met.
1. The applicant will call for a compliance inspection after the above criteria are met.
2. The Planning and Zoning Office will schedule the compliance inspection.
3. The inspection will be performed using the following standards:
| a. | Height: | Custer County Zoning Resolution. The height will be measured in two places: 1) from the high point of grade, at the building perimeter, to the high point of the building structure, which must not exceed Thirty-five (35) feet, and 2) the height from the low point of grade at the building perimeter to the high point of the building structure, which must not exceed Forty-five (45) feet.. Grade at the building perimeter is either natural or finished which ever is lower in elevation. |
| b. | Septic: | Custer County Septic Regulations. The number of bedrooms and appliances will be confirmed to verify sizing of the leach field and septic tank. |
| c. | Setback: | Custer County Zoning Resolution. Setback compliance will be confirmed on all sides of the structure. If the setback distance is substantially over the current setback requirements, an estimate may be substituted. |
| d. | Square
footage: |
Custer County Zoning Application. The outside dimensions of the structure will be measured to the nearest whole foot and compared to the square footage of the structure on the application. |
| e. | Single-family dwelling: | Custer County Zoning Resolution. Custer County allows only one single-family dwelling per parcel of land unless a multi-dwelling variance has been granted or the structures existed before zoning was adopted. |
| f. | Water
Source: |
Show proof of a legal water source. |
| h. | Electrical Inspection: | A copy of the appropriate State Electrical Inspection, if necessary, will be required before the compliance inspection is performed. |
| i. | Plumbing Inspection: | A copy of the appropriate State Plumbing Inspection, if necessary, will be required before the compliance inspection is performed. |
| j. | Access
Inspection: |
Verify that County Access Requirements have been met. |
| k. | Use Tax: | Use Tax, if owed, will need to be verified and paid. |
| l. | Special Use Permit: | Applicant is in compliance with terms and conditions of approval. |
| m. | Wildlife Review: | Agreed upon mitigation has been undertaken. |
| n. | Planned Unit Development: | Applicant is in compliance with terms and conditions of approval. |
4. The compliance inspector will
review the findings from the inspection and determine if the
property is in compliance.
a. If the property is in compliance, a letter will be sent to the property owner stating the property is currently in compliance and the zoning permit will be closed.
b. If the property is not in compliance, a letter will be sent to the property owner, certified return receipt, pointing out the non-compliance and how to come into compliance. The property owner will then have to bring the property into compliance within thirty (30) calendar days from the date of notification. The property must be brought into compliance before occupancy.
c. After thirty days, a re-inspection will be made of the property. If the matter of non-compliance has not been corrected or an agreement has not been reached by the Planning and Zoning Office with the property owner, the property file will be turned over to the County Attorney for prosecution, as prescribed by the current Custer County Zoning Resolution.
The Board of County Commissioners, Planning Commission, and the Board of Zoning Adjustment meet in regularly scheduled public meetings. The meeting is usually held on the first Tuesday of each month except January. The dates are announced at the beginning of each year, although special circumstances occasionally arise that cause a meeting date to be changed. The meetings typically begin at 1:30 P.M. and are usually held in the court room of the Custer County Courthouse. When the court room is unavailable, meetings are usually held in the basement of the Courthouse.
Special Meetings will be held as necessary and advertised as required.
Meetings of the Board of County Commissioners, Planning Commission, and the Board of Zoning Adjustment are open to the public. Interested citizens may voice their concerns on agenda items in either of two ways:
a. by means of personal testimony at the meeting, or
b. in writing, via U.S. Postal Service, by fax or by email.
Each method carries equal weight, and all correspondence received is entered into the record and becomes a part of the permanent file. Decisions are made on a case-by-case basis, and therefore, variances granted or denied shall not set precedent.
The Planning Commission Chairman will call the meeting to order and take care of general meeting duties such as: approval of minutes and Planning and Zoning Office report. Then the Chairman will call for hearing cases on the agenda.
Detailed explanations of the Wildlife Review as referred to in Section 6.7 and Section 8.7.
A. Applicants for a Wildlife Review shall:
1. Submit a written application and preliminary plat to Planning and Zoning Office at least 60 days prior to the hearing date, along with proper fees.
2. Appear in person, or by authorized representative, at the designated site tour with the Planning Commission.
3. Appear in person, or by authorized representative, before the Planning Commission in a public hearing to present the application.
Applicant may be required to appear in person, or by a authorized representative before the County Regional Planning Commission to present the plan. (Arrangements may be made through the Planning and Zoning Office.)
B. The Planning and Zoning Office shall:
1. Review the application and associated plat for completeness.
2. Process the submitted fees.
3. Submit the plat to the DOW District Manager for review and recommendations.
4. Inform the applicant of DOW's recommendations.
5. Schedule the public hearing on the application.
6. Schedule the site tour.
7. Prepare a report for the Planning Commission and Board of County Commissioners that includes a list of areas of concern.
C. The Planning Commission shall:
1. Review the application and accompanying plat before taking action on the application. Included in the review shall be:
a. Any recommendations or questions by the DOW, Regional Planning Commission, or the Planning and Zoning Office;
b. Public input on the application;
c. Any additional qualified opinions or questions.
2. Make a recommendation of action to the Board of County Commissioners, including pertinent background information supporting the recommended action or conditions pertinent to approval. If approval is recommended, the Planning Commission's Chairman shall sign the submitted plat.
D. The Board of County Commissioners shall:
1. Review or study the application and accompanying plat before taking action on the application. Such evidence will include all items included in the review and study by the Planning Commission, as well as their recommendations.
2. Rule on the application. If approved, the Board of County Commissioners' Chairman shall sign the submitted plat.
F.2 Submission Requirements for a Wildlife Review:
The wildlife review, which is required for development in unincorporated County areas, will require the following submissions with the application:
A. Plat and documentation standards:
Plats and maps must be prepared in a workman-like manner. Poorly drawn or illegible maps are unacceptable. They must be drawn to an identified scale. For smaller properties, a scale of 1" = 50' is appropriate. Developments of 35-acre or larger lots should use a scale of 1" = 200', 300' or 400'. The maps must show the following:
1. The location of the proposed development site. For development of multiple lots, include a boundary survey prepared, signed, and sealed by a registered Colorado land surveyor.
2. The relationship of the site to surrounding topographic features, such as roads, streams, and location of existing structures, to the nearest public road.
3. The nature and density of the proposed development or land use change.
4. Proposed building, improvement, and infrastructure locations related to common users.
5. A legend which includes:
a. complete and accurate legal description, including total acreage of the parcel,
b. title, scale and North arrow,
c. date, including revision dates, if applicable,
d. a "prepared by" signature block.
6. Existing structures, infrastructure, and landscape features including the name and location of all water courses, ponds, and other bodies of water.
7. Accessory documentation:
a. Proof of Ownership in the form of a current Ownership & Encumbrances certificate, or commitment for a policy of Title Insurance.
b. Authorization to act on behalf of a land owner.
8. Such additional information as may be required by the Board of County Commissioners in order to determine if the intent and purpose of the Wildlife Habitat Review have been fulfilled.
B. Guidelines common to all properties:
The following should be incorporated on development plats and recorded protective covenants by the developer:
1. Because removing garbage from close proximity to homes greatly increases the safety of homeowners, a central garbage location should be provided.
a. Garbage sites should be located as far from houses as is practical and should serve as many home sites as is reasonable.
b. The central garbage site should be located with the assistance of the Division of Wildlife Manager prior to preparation of plats.
2. All edibles, including pet food and bird feeders, should not be left outside at night.
3. Dogs should be physically restrained or under the direct control of a person.
4. Designated "no build areas" could be open space to serve a development, or could be parts of parcels controlled by the discretion of a developer's covenants.
5. On 35-acre or larger parcels, it is recommended that a wildlife friendly fence be used in or around wildlife corridors and habitat areas:
a. Wildlife friendly fence - barbed wire: build the fence with top wire no more than 40" high, leave a minimum of 12" between the top two wires, and 16" between the ground and bottom smooth wire strand.
b. Wildlife friendly fence - electric wire: top wire 40" or lower, at least 12" between the top two wires, and grounded bottom wire at least 16" above the ground.
c. Wildlife friendly fence - smooth wire: use dimensions in 5a. (above).
To meet the intent of the Wildlife Review, mitigation measures must be in-kind, that is, targeted to the specific species or habitat impact brought about by a particular development. Multiple mitigation steps maybe necessary to mitigate all potential impacts to wildlife and habitat.
The following criteria should be followed if impacts to wildlife and wildlife habitats are identified:
1. All measures should first be considered that would avoid or minimize potential impacts to wildlife and wildlife habitat. If not deemed feasible and practical, then;
2. Compensation measures should be taken for the impacts to wildlife and habitat by replacing or providing substitute resources and environments as recommended by the Department of Wildlife.
COMMON ACRONYMS:
AKA - Also known as
BOCC - Board of County Commissioners
BZA - Board of Zoning Adjustment
CDOT - Colorado Department of Transportation
CDPHE - Colorado Department of Public Health and Environment
CRS -Colorado Revised Statutes
DOW - Department of Wildlife
HB - House Bill
HOA - Home Owner's Association
ISDS - Individual Sewage Disposal System
POA - Property Owner's Association
PUD - Planned Unit Development
TODS - Tourist Oriented Directional Signs
UBC - Uniform Building Code
USGS - United States Geological Survey
WRIS - Wildlife Resource Information System