Section 500 Supplementary Regulations 501 Supplementary Use

Document Sample
Section 500 Supplementary Regulations 501 Supplementary Use Powered By Docstoc
					                                        Section 5.00

                                      Supplementary Regulations

   5.01      Supplementary Use Regulations

                5.01.01     Utility facilities
                5.01.02     Minimum off-street parking
                5.01.03     Signs
                5.01.04     Buildings
                5.01.05     Frontage
                5.01.06     Greenbelt

   5.02      Mobile Home Park and Camper Regulations

                5.02.01     Existing park
                5.02.02     New park or addition to an existing park
                5.02.03     Application
                5.02.04     Procedure
                5.02.05     Site plan for mobile home park and camper park; general
                            requirements
                5.02.06     Site requirements applicable only to mobile home parks
                5.02.07     Site requirements applicable only to camper parks
                5.02.08     Water supply and distribution; general requirements
                5.02.09     Water supply and distribution requirements applicable only to mobile
                            home parks
                5.02.10     Water supply and distribution requirements applicable only to
                            camper parks
                5.02.11     Fire protection; general requirements
                5.02.12     Fire protection requirements applicable only to mobile home parks
                5.02.13     Sewage disposal; general requirements
                5.02.14     Sewage disposal requirements applicable only to mobile home parks
                5.02.15     Sewage disposal requirements applicable only to camper parks
                5.02.16     Electrical distribution and communication wiring
                5.02.17     Service buildings; general requirements
                5.02.18     Service building requirements applicable only to camper parks
                5.02.19     Supervision; general requirements:
                5.02.20     Miscellaneous regulations applicable only to camper parks:
                5.02.21     Special use permits for temporary housing at construction sites

   5.03      Conditional and Special Uses

                 5.03.01    Mobile home as principal use of the lot
                 5.03.02    Row house
                 5.03.021   Accessory Dwelling Unit
                 5.03.023   Group Residential Facilities for Children & Youth
                 5.03.025   Guest house
                 5.03.027   Shooting Range Facility
                 5.03.028   Accessory Structures
                 5.03.03    Studio for the arts and crafts
                 5.03.035   Riding Stable
Section 5 Continued
            5.03.04    Aircraft landing strip
            5.03.05    Airport, utility
            5.03.06    Airport, air carrier
            5.03.065   Veterinary Clinic
            5.03.07    Industrial operations
            5.03.08    Industrial performance standards
            5.03.09    Uses not itemized
            5.03.10    Approval of conditional and special uses
            5.03.11    Denial of special use
            5.03.12    Access routes
            5.03.13    broadcasting studio and/or communication towers
            5.03.14    Community Corrections Facility
            5.03.15    Kennel
            5.03.16    Noise Barriers

5.04    Supplementary Lot Area Regulations

            5.04.01  Lot slope determinations
            5.04.02  Development limitations based on lot slope
            5.04.03  Lot area restrictions based on sewage disposal method to be
                    employed
            5.04.04 Lot area restrictions based on subdivision regulations
            5.04.05 Nonconforming lots
            5.04.06 Planned unit developments established under repealed regulations

5.05     Supplementary Setback Regulations

            5.05.01    Arterial streets
            5.05.02    live streams
            5.05.03    Yards

5.06     Supplementary Building Height Regulations

            5.06.01    Building height exceptions
            5.06.02    Communication towers

5.07      Garfield County Sign Code
             5.07.01 Intent
             5.07.02 Scope
             5.07.03 Definition
             5.07.04 Incorporation of the Uniform Sign Code
             5.07.05 Permits
             5.07.06 Exemptions
             5.07.07 Prohibited signs
             5.07.08 Temporary signs
             5.07.09 Zone district setbacks and allowable signs
             5.07.10 Planned Unit Development (PUD) and/or industrial or commercial
                      subdivision
             5.07.11 Existing or nonconforming signs
             5.07.12 Variance
Section 5 Con’t:
             5.07.13 Violations and penalties
                   5.07.14   Severability

    5.08      Fiscal Impact Mitigation Program

                   5.08.01 Statement of purpose and authority
                   5.08.02 Definitions
                   5.08.03 Program compliance requirement
                   5.08.04 Pre-application administrative procedures
                   5.08.05 Fiscal impact analysis requirements
                   5.08.06 Review of the Fiscal Impact Analysis
                   5.08.07 Fiscal Impact Mitigation Program
                   5.08.08 Fiscal Impact Mitigation Program compliance
                   5.08.09.1 Supplemental major project land use application requirements
                   5.08.10 Major project land use permit decision
                   5.08.11 Enforcement

   5.09       Garfield County Affordable Housing Regulations

                   5.09.01.1  Findings of the Supplementary Regulations
                   5.09.02    Purpose
                   5.09.03    General
                   5.09.04    Definitions
                   5.09.05    Requirements
                   5.09.05.01 for Land Designated High Density Residential
                   5.09.05.02 for Lands with Any Land Use Designation Other than High
                              Density Residential
                   5.09.05.03 Computation of Required Affordable Housing Units and Mix of
                              Housing Units

       5.10   Garfield County Affordable Housing Guideline

                   5.10.01.01   Renting, Purchasing, or Selling --Qualifications to Rent or Purchase
                   5.10.02      Qualifications to Reside in an Affordable Housing Unit
                   5.10.03      How to Qualify for AFU (Rental or Purchase)
                   5.10.04      Procedures for Initial Purchase & for Resale of an Affordable Housing
                                Unit
                   5.10.05      Execution of Deed Restrictions by Applicants
                   5.10.06      Priorities for Persons Desiring to Purchase an Affordable Housing
                                Unit
              5.10.07           Maximum Vacancy of an Affordable Housing Unit for Rent
              5.10.08           Leave of Absence for Owners of an Affordable Housing Unit
              5.10.09           Roommates
              5.10.10           Special Review for 4 to 6 Bedroom Units
              5.10.11           Grievance Procedures




Section 5 Con’t:

5.11          Geologic Hazard Areas (Added 2002-98)
             5.11.01 Applicability of Regulations
             5.11.02 Compliance Required
             5.11.03 Separate Permit Not Required

5.12         Definitions (Added 2002-98)
             5.12.01 Aspect
             5.12.02 Avalanche
             5.12.03 Geologic Hazard
             5.12.04 Geologic Hazard Area
             5.12.05 Ground Subsidence
             5.12.06 Landslide
             5.12.07 Landslide Area
             5.12.08 Mudflow
             5.12.09 Mudflow/Debris Fan Area
             5.12.10 Potentially Unstable Slope
             5.12.11 Radioactivity
             5.12.12 Rock fall Area
             5.12.13 Unstable Slope

5.13         Utilization of Maps (Added 2002-98)

             5.13.01 Adoption of Official Maps
             5.13.02 Significance of Maps
             5.13.03 Areas Not Mapped

5.14         Submission Requirements (Added 2002-98)

             5.14.01   Initial Geologic Report
             5.14.02   Additional Submission Requirements – Avalanche Areas
             5.14.03   Additional Submission Requirements – Landslide Areas
             5.14.04   Additional Submission Requirements – Rock fall Areas
             5.14.05   Additional Submission Requirements – Mudflow or Debris Fan Areas
             5.14.06   Additional Submission Requirements – Unstable Slopes
             5.14.07   Additional Submission Requirements – Radioactive Hazard Area
             5.14.08   Additional Submission Requirements – Ground Subsidence Areas.
             5.14.09   Waiver of Submission Requirements

5.15         Development in Geologic Hazard Areas (Added 2002-98)

             5.15.01 Development Exempt from this Resolution
             5.15.02 Development Prohibited
             5.15.03 Development Allowed in Geologic Hazard Areas

5.16         Guidelines for Development within Geologic Hazard Areas (Added 2002-98)

             5.16.01 Developments in Avalanche Areas
             5.16.02 Guidelines for Development in Landslide Areas

Section 5 Con’t:
             5.16.03 Guidelines for Development in Rock fall areas
             5.16.04 Guidelines for Development in Mudflow Areas
             5.16.05 Guidelines for Development of Unstable or Potentially Unstable Slopes
5.21         Mass Transit Supplementary Regulations (added 2002-12)
             5.21.01 Statement of Authority
             5.21.02 Statement of Purposes
             5.21.03 Definitions
             5.21.04 Permit Required
             5.21.05 General Submittal Requirements – Mass Transit Facilities
             5.21.06 Additional Submittal Requirements for Fixed Guide ways
             5.21.07 Additional Submittal Requirements of Stations and Terminals
             5.21.08 Submittal Requirements for TPUD Development around Mass Transit
                     Stations or Terminals
             5.21.09 Design Standards and Approval Guidelines for Mass Transit Facilities
             5.21.10 Design Standards and Approval Guidelines for Development in Mass Transit
                     Areas
             5.21.11 Review Procedure for Mass Transit Facilities
             5.21.12 Review Procedure for Development in Areas around Mass Transit Facilities

5.22         Regulations and Guidelines for the Site Selection of Arterial Highways, Collector
             Highways, and Interchanges (Added 2002-13)
             5.22.01 Statement of Authority
             5.22.02 Purpose of Intent
             5.22.03 Definitions
             5.22.04 Pre-Application Conference
             5.22.05 Pre-Application Agreement
             5.22.06 Submission Requirements
             5.22.07 Analysis Points – Highways
             5.22.08 Analysis Points – Interchanges
             5.22.09 Data Collected at Analysis Points
             5.22.10 Peak Traffic Flow
             5.22.11 Point of Origin and Point of Destination
             5.22.12 Number of Heavy Vehicles
             5.22.13 Average Speed
             5.22.14 Roadway Capacity
             5.22.15 Traffic Volume
             5.22.16 Roadway Conditions
             5.22.17 Density of Vehicles
             5.22.18 Level of Service
             5.22.19 Final Application
             5.22.20 Submittal Requirements
             5.22.21 Application Form
             5.22.22 Maps
             5.22.23 Current Traffic Data
             5.22.24 Traffic Projections
             5.22.25 Community Traffic Needs
             5.22.26 Application Review
             5.22.27 Incomplete Application
             5.22.28 Planning Commission Review

Section 5 Con’t:

             5.22.29 Public Hearing
             5.22.30 Permit Issuance
       5.22.31 Permit Denial
       5.22.32 Form of Decision




5.00      SUPPLEMENTARY REGULATIONS
         In addition to regulations contained elsewhere in this Resolution, the use of land and
         buildings shall be governed by the following regulations:
5.01     SUPPLEMENTARY USE REGULATIONS
5.01.01   Utility Facilities: Nothing in these regulations shall be construed to prohibit
          construction or installation of a public utility use or structure necessary for
          transmission of commodities or services of a utility company from a main or
          distribution line to a private consumer. Mains or distribution lines shall be special
          uses in any zone district. Storage, maintenance and business offices shall be
          restricted to their appropriate zone district and regulated in accordance with such
          non-utility uses. (A. 81-145)
5.01.02   Minimum Off-Street Parking: Parking spaces shall be provided for each use in the
          following amounts:
          (1) Residential (except group quarters) - one (1) space per six hundred (600)
          square feet of floor area or one (1) space per dwelling unit, whichever is greater;
          each separately rentable room or group of rooms shall be considered a dwelling unit;
          (2)    Residential - group quarters - one (1) space per bed;
          (3) Retail and service commercial - one (1) space per two hundred (200) square
          feet of floor area (except storage area);
          (4) Auditorium and public assembly - one (1) space per one hundred (100) square
          feet of floor area used for seating or assembly;
          (5) Public and health facilities (except auditorium and public assembly) - one (1)
          space per two hundred (200) square feet of floor area (except storage area);
          (6)    Ski facilities - one (1) space per four (4) persons of hourly base lift capacity;
          (7) Where a lot is occupied by a combination of the above listed uses, the
          minimum off-street parking requirement shall equal the sum of the requirement for
          all included uses on the lot.
5.01.03   Signs: In all residential districts, a sign identifying residential use of a lot may be
          located on the lot; such signs shall be limited to one (1) per principal use and shall
          not exceed one (1) square foot in area for each dwelling unit up to a maximum of
          eight (8) square feet. A sign identifying an accessory commercial use in a residential
          district shall not exceed twelve (12) square feet in area, and shall be limited to one
          (1) sign per accessory use. In any commercial or industrial district, signs identifying
          the use of the premises may be located on the lot. Nothing in this Resolution shall
          be construed to prevent Supplementary location of a temporary sign in any district
          advertising sale or lease of the premises, provided that such sign does not exceed
          twelve (12) square feet in area.
5.01.04   Buildings: A conventional, modular or prefabricated building may be located in any
          zone district where buildings are permitted. A mobile home building shall be
          located only in those zone districts where specifically permitted under Zone District
          Regulations.
5.01.05   Frontage: Each lot in separate ownership, unless otherwise provided for under a
          Planned Unit Development, shall have at least twenty-five (25) lineal feet of
          frontage on a street right-of-way, either dedicated to the public or to a private
          association or on a private road and reserved in perpetuity through private agreement
          to provide access to the lot. Each building devoted wholly or in part to residential
          use shall front on a street or road as described above except when two (2) or more
          such buildings are located on one (1) lot and the required frontage for each building
          cannot be provided due to the shape of the lot; those buildings lacking street or road
          frontage shall front on a dedicated driveway easement at least twenty-five (25) feet
          in width and maintained in an unobstructed condition.
5.01.06   Greenbelt: Land designated as greenbelt through dedication or reservation as such
          for any reason shall be indicated as such on the appropriate zone district map. Such
          land shall be maintained in conformance with the Definition section of this
          Resolution or in conformance with any condition for granting of a Planned Unit
          Development including designation as a park or other open recreation use; land
          designated as greenbelt may be leased for operation, transferred to a different
          ownership or otherwise changed in ownership but it shall not be used for residential,
          commercial, industrial or any other urban or suburban purposes unless provided for
          by the County Commissioners following procedures for amendment to this
          Resolution.
5.02      MOBILE HOME PARK AND CAMPER REGULATIONS
5.02.01   Existing Park: Subsequent to the effective date of this Resolution, all existing
          mobile home and camper parks shall be inspected by the Environmental Health
          Officer and the Building Official to determine if any hazard to health, safety or
          welfare exists. Existence of any such hazardous condition shall be reported to the
          park owner and a reasonable time period shall be established for correction of said
          condition. Failure on the part of the park owner to correct said hazardous condition
          within the established time period shall be deemed a violation of this Resolution and
          other applicable county and state regulations. Occupancy of an existing mobile
          home park and individual spaces of an existing mobile home park shall be governed
          by the provisions of Sections 6.11 and 7.00 of this Resolution. (A. 79-132)
5.02.02   New Park or Addition to an Existing Park: Each new park or addition to an existing
          park shall conform to all provisions of this Resolution.
5.02.03   Application: An application shall be filed in triplicate with the County
          Commissioners for establishment of a mobile home park or addition to an existing
          park subsequent to the effective date of this Resolution. Such application shall set
          forth the following information:
          (1)   Name and address of the person who shall own the park;
          (2)   Location and legal description of the park;
          (3)   Site plan of the park;
          (4) Plans and specifications for all improvements to be constructed within said
          park;
          (5) Such further information as may be required by the County Commissioners to
          enable them to determine if the proposed park or addition will comply with
          requirements of this Resolution and other applicable codes and regulations.
5.02.04   Procedure: The County Commissioners shall forward one (1) copy of the
          application to the Environmental Health Officer and the Building Official and one
          (1) copy to the County Planning Commission for their review and comment. The
          Environmental Health Officer shall be responsible for review of plans for water
          supply and distribution, fire protection, sewage disposal, electrical distribution and
          refuse handling, utilizing the services of other county, special district or State of
          Colorado personnel as required. The County Planning Commission shall have a
          period of sixty (60) days, unless an extension of time is mutually agreed to by the
          applicant and the Commissioners, to review the application. If the proposed park or
          addition to an existing park will, when constructed, be in compliance with all
          provisions of this Resolution and other applicable county and state regulations, the
          application shall be approved by the County Commissioners.
5.02.05   Site Plan for Mobile Home Park and Camper Park; General Requirements:
          (1)   Access: the park shall have access to a public street or highway;
          (2) Drainage: the park shall be located on a well-drained site, graded for rapid
          drainage and free from stagnant pools of water;
          (3) Layout: the applicant shall also show on the plan all entrances and exits to
          the park, driveways and walkways and the design and arrangement of all mobile
          home spaces, camper spaces and any included service buildings. Commercial
          facilities included or proposed as part of a park shall be principally devoted to
          serving occupants of said park.
5.02.06   Site Requirements Applicable Only to Mobile Home Parks:
          (1)   Area: The minimum size of mobile home parks shall be two (2) acres;
          (2)   Setback: Minimum setback requirements of the applicable zone district
                regulations shall be observed on the periphery of the park. The Board of
                County Commissioners may require provisions for park area within a mobile
                home park with such requirements based on the number of spaces, density of
                development availability of public park or playground area;
          (3)   Mobile Home Spaces: Each mobile home space shall contain at least three
                thousand (3,000) square feet of area exclusive of driveways, and further
                provided that a floor area ratio of 0.25/1.0 shall be observed, i.e. the mobile
                home and appurtenant structures shall cover no more than twenty-five percent
                (25%) of the space upon which it is located. The minimum space between
                any two mobile homes or appurtenances thereto shall be twelve (12) feet.
                The area of placement for the mobile home shall be graded for drainage and
                improved to prevent shifting or settling of the mobile home. In areas subject
                to gusting winds, anchors or tie-downs shall be provided as necessary to
                prevent overturning of mobile homes. Each mobile home space shall provide
                graveled or paved parking space for two (2) automobiles;
          (4)   Driveways and Walkways: All mobile home spaces shall abut upon a
                driveway graded for drainage and maintained in a rut-free and dust-free
                condition and which provides unobstructed access to a public street or
                highway; the minimum unobstructed width of such driveways shall be
                twenty-five (25) feet; and additional eight (8) feet of width shall be
                constructed for each parallel parking lane adjacent thereto. All driveways and
                walkways within the park shall be sufficiently illuminated to insure safety for
                park residents. Walkways not less than two (2) feet wide shall be provided
                along drives as required for safety and convenience of inhabitants.
5.02.07   Site Requirements Applicable Only to Camper Parks:
          (1) Setback: Minimum setback requirements of the applicable zone district
          regulations shall be observed on the periphery of the park;
          (2)   Camper Spaces:
             (A) The area devoted to each camper space designed for tent camping shall be
          adequate to accommodate the following facilities and spatial requirements: Each
          space shall be provided with a fireplace or fire circle, a picnic table and a
          well-drained, reasonably level tent site. The minimum on-center distance between
          tent sites shall be twenty (20) feet. Each space shall provide a graveled parking
          space. Adequate traffic barriers shall be provided to confine vehicles to driveways
          and parking spaces;
             (B) The area devoted to each camper space designed for camper vehicles or
          trailers shall be adequate to accommodate the following facilities and spatial
          requirements: Each space shall be provided with a graveled vehicle and trailer
          parking space of length and width to accommodate the type of camper or trailer by
          which the space is intended to be occupied. Fireplaces, fire circles and picnic tables
          shall be installed in sufficient quantities and in convenient locations to satisfy
          occupants' needs for such facilities. Adequate traffic barriers shall be provided to
          confine vehicles and trailers to driveways and parking spaces. The minimum
          on-center distance between campers or trailers shall be twenty (20) feet;
          (3) Driveways: All camper spaces shall abut upon a driveway graded for
          drainage and maintained in a rut-free and dust-free condition and which provides
          unobstructed access to a public street or highway; the minimum unobstructed width
          of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25)
          feet for two-way traffic, providing no parking is permitted thereon. An additional
          eight (8) feet of width shall be required for each parallel parking lane constructed
          adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking
          adjacent thereto.
5.02.08   Water Supply and Distribution; General Requirements:
          (1) A domestic water supply that is in compliance with the drinking water
          standards of the Colorado Department of Health shall be provided in each mobile
          home and Camper Park. Where a municipal supply of water of satisfactory quantity,
          quality and pressure is available, connection shall be made thereto and its supply
          used exclusively. When such a municipal water supply is not available, a central
          water supply system may be developed and used if it meets standards of the
          Colorado Department of Health;
          (2) Every well or suction line of the water supply system shall be located and
          constructed in such a manner that neither underground nor surface contamination
          will reach the water supply from any source;
          (3) The treatment of a private water supply shall be in accordance with applicable
          laws and regulations;
          (4)   Water Distribution System:
            (A) The water supply system of the park shall be connected by pipes to all mobile
          homes, buildings and other facilities requiring water;
            (B) All water piping, fixtures and other equipment shall be constructed and
          maintained in accordance with state and local regulations and requirements and shall
          be of a type and in locations accepted by the County Environmental Health Officer;
            (C) The system shall be so designed and maintained as to provide a pressure of
          not less than twenty (20) nor more than eighty (80) pounds per square inch, under
          normal operating conditions, at service buildings and other locations requiring
          potable water supply;
             (D) A minimum horizontal separation of ten (10) feet shall be maintained between
          all domestic water lines and sewer lines;
             (E) Underground stop and waste valves shall not be installed on any water
          service.
5.02.09   Water Supply and Distribution Requirements Applicable Only to Mobile Home
          Parks:
          (1) Source of Supply: The water supply shall be capable of supplying a
          minimum of four hundred fifty (450) gallons per day per mobile home;
          (2)    Individual Water-riser Pipes and Connections:
            (A) Water-riser pipes shall extend at least four (4) inches above ground elevation
          unless recessed in a box or sleeve. The pipe shall be at least three-quarter (3/4) inch.
          The water outlet shall be capped when a mobile home does not occupy the lot;
             (B) Adequate provisions shall be made to prevent freezing of main service lines,
          valves and riser pipes and to protect risers from heaving and thawing actions of
          ground during freezing weather. Surface drainage shall be diverted from the location
          of the riser pipes;
            (C) A shut-off valve below the frost line shall be provided near the water-riser
          pipe on each mobile home lot.
5.02.10   Water Supply and Distribution Requirements Applicable Only to Camper Parks:
          (1) Source of Supply: The water supply shall be capable of supplying fifty (50)
          gallons per space per day for all spaces lacking individual water connections and a
          hundred (100) gallons per space per day for all spaces provided with individual
          water connections;
          (2) Individual Water Connections: If facilities for individual water service
          connections are provided, the following requirements shall apply:
             (A) Riser pipes provided for individual water service connections shall be so
          located and constructed that they will not be damaged by the parking of travel
          trailers or campers;
            (B) Water-riser pipes shall extend at least four (4) inches above ground elevation
          unless recessed in a box or sleeve. The pipe size shall be three-quarter (3/4) inch;
            (C) Adequate provisions shall be made to prevent freezing of main service lines,
          valves and riser pipes;
            (D) Valves shall be provided near the outlet of each water service connection.
          They shall be turned off and the outlets capped or plugged when not in use;
          (3)    Watering Stations:
             (A) Each camper vehicle or trailer parking area shall be provided with one (1) or
          more easily accessible watering stations for filling water storage tanks. Such water
          supply outlets shall consist of at least a water hydrant and the necessary
          appurtenances and shall be protected against the hazards of backflow and back
          siphonage;
            (B) Each tent camping area shall be provided with one (1) individual watering
                station for each four (4) spaces; such station to be constructed similar to
                individual water service connections as provided under 5.02.10(2) except that
                riser height shall be thirty (30) inches and a splash pad shall be installed
                around the base.
5.02.11   Fire Protection; General Requirements: Provisions shall be made for giving alarm in
          case of fire. It shall be the responsibility of the duly authorized attendant or
          caretaker to inform all tenants about means for summoning fire apparatus, sheriff's
          department and park employees. No open fires shall be left unattended at any time.
          (1)    Portable Fire Appliances:
             (A) Approved facilities shall be provided for fighting fires in ordinary
          combustible materials (Class A), readily accessible to all park occupants, in readily
          visible locations. Such facilities shall consist of a hose of a type usable in all
          weather, permanently attached or in cabinets immediately adjacent to the hose
          connection so located that any part of any mobile home, travel trailer or camper
          vehicle can be reached with a garden hose stream;
             (B) One (1) or more approved carbon dioxide or dry chemical extinguishers of a
          type suitable for flammable liquid or electrical fires (Class B and Class C) shall be
          located either in an open station so that it will not be necessary to travel more than a
          hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and
          camper at the owner's responsibility and verified by the park operator;
            (C) Appropriate arrangements shall be made to prevent freezing of fire fighting
          equipment.
5.02.12   Fire Protection Requirements Applicable Only to Mobile Home Parks:
          (1) Fixed Installations: Water supply facilities for fire department operations
          shall be provided to consist of one (1) or more of the following, so arranged as to
          permit the operation of a minimum of two 1-1/2 inch hose streams on any fire in a
          mobile home or elsewhere in the mobile home court. Water supply and associated
          facilities shall be sufficient to provide a delivery of at least seventy-five (75) gallons
          per minute at each of two (2) nozzles, held four (4) feet above the ground, at a
          flowing pressure of at least thirty (30) pounds per square inch at the highest point in
          the court. The utilization of available fire fighting equipment may be assumed in
          determining compliance with these minimums:
            (A) A public water supply system with hydrants located within a five hundred
          (500) foot radius of all mobile home spaces;
            (B) An approved private system with hydrants connected to domestic water
          supply, so arranged as to provide protection equivalent to Paragraph (1);
             (C) An approved suction supply or supplies each of not less than three thousand
          (3000) gallons suitable for fire department pumper drafting, so located that each
          trailer site will be within a five hundred (500) foot radius of a supply point;
             (D) Where fire departments are equipped with tank trucks for water supply, and
          such trucks are so located that in case of fire they can respond as soon as fire
          fighting personnel, they may be accepted in lieu of a fixed water supply by
          permission of the Building Official.
5.02.13   Sewage Disposal; General Requirements: An adequate sewage system shall be
          provided in each mobile home park and camper park for the purpose of conveying
          and disposing of all sewage. Such system shall be designed, constructed and
          maintained in accordance with state and local laws.
          (1)    Sewer Lines: All sewer lines shall be located in trenches of sufficient depth
                 to be free of breakage from traffic or other movements and shall maintain a
                 minimum horizontal separation of ten (10) feet from all domestic water lines.
                 Sewers shall be at a grade which will insure a velocity of two (2) feet per
                 second when flowing full. All sewer lines shall be constructed of materials
                 accepted by state or local laws and shall meet design criteria of the Colorado
                 Department of Health;
          (2)    Sewage Treatment and/or Discharge: Where the sewer lines of the park are
                 not connected to a public sewer, all proposed sewer disposal facilities shall be
                 approved by the Environmental Health Officer prior to construction.
          Effluents from sewage treatment facilities shall not be discharged into any waters of
          the State except with prior approval of the Colorado Department of Health.
5.02.14   Sewage Disposal Requirements Applicable Only to Mobile Home Parks:
          Individual Sewer Connections: Each mobile home stand shall be provided with at
          least a four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be so
          located on each stand that the sewer connection to the mobile home system outlet
          will approximate a vertical position;
             (A) The sewer connection shall have a nominal inside diameter of at least three
          (3) inches and the slope of any portion thereof shall be at least one-eighth (1/8) inch
          per foot. The sewer connection shall consist of one (1) pipe line only with no more
          than one (1) stand served by one (1) individual sewer connection. Underground
          branch fittings of four (4) inch lines shall not be permitted. All joints shall be
          watertight;
             (B) All materials used for sewer connections shall be rigid or semi rigid, corrosive
          resistant, nonabsorbent and durable. The inner surface shall be smooth.
             (C) Provision shall be made for plugging the sewer riser pipe when a mobile
          home does not occupy the lot. Surface drainage shall be diverted away from the
          riser. The rim of the riser pipe shall extend at least four (4) inches above ground
          elevation unless such riser pipe is protected within a recessed box or sleeve.


5.02.15   Sewage Disposal Requirements Applicable Only to Camper Parks:
          (1) Individual Sewer Connections: If facilities for individual sewer connections
          are provided, the following requirements shall apply:
             (A) The sewer riser pipe shall have at least a four (4) inch diameter, shall be
          trapped below the ground surface and shall be so located on the trailer space that the
          sewer connection to the trailer system will approximate a vertical position;
             (B) The sewer connection shall have a nominal inside diameter of at least three
          (3) inches, and the slope of any portion thereof shall be at least one-eighth (1/8) inch
          per foot. All joints shall be watertight;
            (C) All materials used for sewer connections shall be corrosive resistant,
          nonabsorbent and durable. The inner surface shall be smooth;
            (D) Provision shall be made for plugging the sewer riser pipe when a trailer does
          not occupy the space. Surface drainage shall be diverted away from the riser;
          (2) Sink Wastes: No liquid wastes from sinks shall be discharged onto or
          allowed to accumulate on the ground surface.
5.02.16   Electrical Distribution and Communication Wiring: Each mobile home park shall,
          and each camper park may, contain an electrical distribution system, consisting of
          wiring, fixtures, equipment and appurtenances thereto which shall be installed and
          maintained in accordance with the USA Standard "National Electrical Code, 1971"
          and all subsequent amendments thereto. Telephone and cable TV systems may be
          installed and maintained;
          All plans for the above services shall have the approval of the responsible utility
          prior to county approval of park plans.
5.02.17   Service Buildings; General Requirements:
          (1) The requirements of this Section shall apply to service buildings, recreation
          buildings and other community service facilities such as;
            (A) Management offices, repair shops and storage areas;
            (B) Sanitary facilities;
            (C) Laundry facilities;
            (D) Indoor recreation areas;
            (E) Commercial uses supplying essential goods or services for the exclusive use
                of park occupants.
          (2)   Structural Requirements for Buildings:
             (A) All portions of the structure shall be properly protected from damage by
          ordinary uses and by decay, corrosion, termites and other destructive elements.
          Exterior portions shall be of such materials and be so constructed and protected as to
          prevent entrance or penetration of moisture and weather;
            (B) All rooms containing sanitary or laundry facilities shall have sound-resistant
            walls extending to the ceiling between male and female sanitary facilities. Walls
            and partitions around showers, bathtubs, lavatories and other plumbing fixtures
            shall be constructed of dense, non-absorbent waterproof material or covered with
            moisture resistant material;
            (C) Each room containing sanitary or laundry facilities shall have at least one (1)
            window or skylight facing directly to the outdoors. The minimum aggregate gross
            area of windows for each room shall be not less than ten percent (10%) of the
            floor area served by them. Have at least one (1) window which can be easily
            opened, or a mechanical device which will adequately ventilate the room;
            (D) Toilets shall be located in separate compartments equipped with self-closing
            doors. Shower stalls shall be of the individual type. The rooms shall be screened
            to prevent direct view of the interior when the exterior doors are open;
           (E) Illumination levels shall be maintained as follows:
                (I)     general seeing tasks - five (5) foot-candles;
                (ii)    Laundry room work area - forty (40) foot-candles;
                (iii)   Toilet room in front of mirrors - forty (40) foot-candles;
            (F) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower
            and laundry fixture, and cold water shall be furnished to every closet and urinal.
5.02.18   Service Building Requirements Applicable Only to Camper Parks:
          Required Community Sanitary Facilities:
          (A) A central service building containing the necessary toilet and other plumbing
          fixtures specified shall be provided in all camper vehicle or trailer parking areas
          which provide parking spaces for dependent vehicles or trailers and for tent camping
          areas. Service buildings shall be conveniently located within a radius of
          approximately three hundred (300) feet to the spaces to be served;
          (B) Sanitary facilities for women shall include a minimum of one (1) flush toilet,
          one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number
          thereof;
          (C) Sanitary facilities for men shall include a minimum of one (1) flush toilet, one
          (1) urinal, one (1) lavatory and one (1) shower for each fifteen (15) spaces or
          fractional number thereof;

          (D) Where a camper park is designed for and exclusively limited to use by
          self-contained camper vehicles or trailers, no public sanitary facilities shall be
          required;

          (E) When a camper park requiring a service building is operated in connection with
          a resort or other business establishment, the number of sanitary facilities for such
          business establishment shall be in excess of those required by the schedule for
          camper spaces and shall be based on the total number of persons using such
          facilities.
5.02.19   Supervision; General Requirements:
          (1)   The duly authorized attendant or caretaker shall be in charge at all times to
                keep the park, its facilities and equipment in a clean, orderly and sanitary
                condition;

          (2)   The owner shall be answerable for the violation of any provision of this
                Regulation and other applicable County and State regulations. Copies of
                Regulations shall be made available to the park residents by the park manager
                or owner;

          (3)   Refuse Handling: the storage, collection and disposal of refuse in mobile
                home parks and camper parks shall be so arranged as to create no health
                hazards, rodent harborage, insect breeding areas, accident or fire hazards, or
                air pollution. All refuse shall be disposed of at either a municipal or county
                designated landfill site;
          (4)   Pest Control: grounds, buildings and structures shall be maintained free of
                insect and rodent harborage and infestation. Extermination methods and
                other measures to control insects and rodents shall conform to the
                requirements of the County Environmental Health Officer and the Colorado
                State Department of Health;
          (5)   Pet Control: no owner or person in charge of any dog, cat or other pet animal
                shall permit it to run at large or commit any nuisance within the limits of any
                mobile home or camper park.

5.02.20   Miscellaneous Regulations Applicable Only to Camper Parks:
          (1)   The principal business of the park shall be to provide parking spaces for
                travel trailers, camper vehicles and/or tent camping. Occupancy in camper
                parks by any individual shall be limited to no more than one hundred twenty
                (120) days per year in any one (1) or combination of camper parks in the
                County.

          (2)   Travel trailers and camper vehicles accommodated shall not exceed forty (40)
                feet in length and eight (8) feet in width.

5.02.21   Special Use Permits for Temporary Housing at Construction Sites
          (1) At times of severe housing shortage or other unusual or emergency
                conditions, special use permits for temporary housing in the nature of mobile
                houses, campers and recreational vehicles may be granted related to
                commercial, industrial and highway construction projects of substantial size
                in any zone district by the County Service Commissioners through the special
                use permit process. Such housing shall be of a temporary nature and shall be
                removed at the expiration of the permit. When the construction project will
                last longer than one (1) year, the special use permit under this Section shall
                not be granted.

          (2)   Special Use Permit for Temporary Housing on Construction Sites: The
                applicant shall submit an adequate site plan, proposed water supply, proposed
                method of sewage treatment and names and addresses of adjacent property
                owners. The applicant is responsible for providing this information.

            (A) For self-contained temporary housing units, the applicant must demonstrate
                and guarantee arrangement for hauling of water and sewage.

            (B) For units which are not self-contained, a central water and sewage treatment
                 system must be provided, with specifications approved by the County.
            (C) In no case shall unsafe water be used for drinking nor shall raw sewage or
                used water be discharged on the ground surface.
            (D) Temporary housing shall be considered self-contained if it includes a toilet
               and a bath or shower.
          (3)   The maximum allowable time length of the permit is six (6) months. For
                good cause shown, the permit may be renewed. By way of example and not
                limitation, good cause may constitute progress towards more permanent
                housing, and nature of the construction project.
          (4)   Temporary housing shall be located on a construction site or adjacent thereto,
                for which a building permit has been issued, and inhabitants on that site shall
                be only construction employees working on that site, and not dependents of
                employees.
          (5)   Temporary housing sites shall be maintained in a clean, sanitary and safe
                condition, free from hazardous or noxious materials, weeds and refuse. The
                applicant is responsible for ensuring compliance.
                (A) Fire Protection; General Requirements: Provisions shall be made for
                giving alarm in case of fire. It shall be the responsibility of the duly
                authorized attendant or caretaker to inform all tenants about means for
                summoning fire apparatus, sheriff's department and park employees. No open
                fires shall be left unattended at any time. One (1) or more approved
                extinguishers of a type suitable for flammable liquid or electrical fires (Class
                  B and Class C), carbon dioxide or dry chemical, shall be located in an open
                  station so that it will not be necessary to travel more than one hundred (100)
                  feet to reach the nearest extinguisher. A water storage tank may be required
                  if County and local fire protection officials deem it necessary.
                  (B) Refuse containers must be provided for trash. At least one thirty (30)
                  gallon (4 cubic feet) container shall be provided for each unit or the
                  equivalent in a central trash collection facility. Said container(s) must be
                  durable, washable, non-absorbent metal or plastic with tight-fitting lids.
           Refuse shall be disposed of not less than once weekly.
           (6) Certificates of Occupancy for a construction project shall be withheld until
           temporary housing is removed and the site is restored to the satisfaction of the
           County.
           (7) Once the permit for temporary housing is granted, the applicant shall comply
           with all the foregoing regulations or the County will issue a STOP WORK ORDER
           for the construction project until temporary housing site is brought into compliance
           with the regulations.
           (8) If there is suitable housing space available in the nearby area to the
           construction project, the temporary building permit shall not be granted. Written
           statements from nearby mobile home parks or other employee housing projects may
           be submitted to demonstrate housing need.
           (9)    No animals shall be allowed at temporary housing sites.
           (10) In evaluating the request for a Temporary Housing Special Use Permit, the
           County Commissioners may require compliance with additional provisions as they
           might be needed to ensure the health, safety and welfare of the public. (A. 81-263)




5.03   CONDITIONAL AND SPECIAL USES
       As listed under the Zone District Regulations, conditional and special uses shall conform to
       all requirements listed thereunder and elsewhere in this Resolution plus the following
       requirements:
       (1) Utilities adequate to provide water and sanitation service based on accepted
       engineering standards and approved by the Board of County Commissioners shall either be
       in place or shall be constructed in conjunction with the proposed use; (A97-60)
       (2) Street improvements adequate to accommodate traffic volume generated by the
       proposed use and to provide safe, convenient access to the use shall either be in place or shall
       be constructed in conjunction with the proposed use;
       (3) Design of the proposed use is organized to minimize impact on and from adjacent uses
       of land through installation of screen fences or landscape materials on the periphery of the lot
       and by location of intensively utilized areas, access points, lighting and signs in such a
           manner as to protect established neighborhood character;
           Additional specific requirements and prerequisites for certain uses are as follows: (A.
           79-132)
5.03.01    (1) Mobile Home as Principal Use of the Lot: A mobile home may be allowed as the
           principal use of a lot as a special or conditional use, as provided within the zone district
           provisions of this Resolution, provided that each of the following conditions is satisfied in
           the situation of a special use and that the first three (3) of the conditions are satisfied in the
           situation of a conditional use:
             (A) The mobile home has a minimum of seven hundred twenty (720) square feet of floor
                 area;
             (B) The mobile home is placed on a permanent concrete or masonry footer;
             (C) The mobile home shall be skirted, with no storage allowed underneath or outside the
                structure. The Building Official may require tie-downs in locations subject to high
                winds;
             (D) The lot on which the mobile home is to be placed shall be posted with a Notice of
                Intent, fifteen (15) days prior to the public hearing;
             (E) Written notice of the public hearing as required by Section 9.03.04 of this
                 Resolution shall be sent by the applicant to the land owners within two hundred
                 (200) feet of the lot on which the mobile home is to be located at least fifteen
                 (15) days prior to the public hearing by certified return receipt mail. The return
                 receipts, showing receipt of notice by such property owners, shall be given to
                 the Planning Director at least five (5) days prior to said hearing, unless the
                 applicant is able to otherwise show evidence of receipt of adequate notice.
                 Notice by publication required by said Section 9.03.04 shall be given in a
                 newspaper of general circulation once, at least fifteen (15) days prior to hearing:
           (2) Manufactured Home as the Principal Use of the Lot: A manufactured home shall be
           allowed as the principal use of a lot as a use by right, provided that each of the following
           conditions is satisfied:
             (A) The manufactured home is at least twenty-four (24) feet in width and thirty-six (36)
               feet in length;
             (B) The manufactured home is installed on a permanent concrete or masonry footer
                 approved by the Building Official;
             (C) The manufactured home shall be skirted with materials of the same appearance and
                 color as the siding, and be permanently affixed to the building if the foundation is not
                 completely enclosed. The Building Official may require tie-downs in locations
                 subject to high winds.

             (D) The manufactured home has brick, wood or cosmetically equivalent exterior
                 and has a pitched roof with no metal materials not pre-painted with a
                 non-reflective color and permanently affixed to the metal by a manufacturer;

5.03.02    Row House: A subdivision plat must be approved whereon the minimum lot area for a row
           house lot is one thousand four hundred (1,400) square feet, a minimum of six (6) row house
           lots appear on the plat and the plat includes sufficient land area in lots and common area to
           satisfy floor area ratio requirements under the appropriate Zone District Regulation.

5.03.021   Accessory Dwelling Unit: Use of a structure as an accessory dwelling whether approved by
           Special Use, use by right in a new subdivision approval, or on an existing lot must meet the
           following standards, as well as all other standards applicable to residential use:
           (1) The minimum lot size shall be four (4) acres containing a building site with slopes
           Less than 40% at least two (2) acres in size.

           (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.

           (3) Approval from the subdivision homeowners association and/or allowed by covenant if
           applicable.

           (4) Proof of a legally adequate source of water for an additional dwelling unit.

           (5) Compliance with the County individual sewage disposal system regulations or
           Proof of a legal ability to connect to an approved central sewage treatment facility.

           (6) Only leasehold interests in the dwelling units are allowed.

           (7) That all construction complies with the appropriate County building code
           Requirements. (A.95-076)

5.03.023   Group Residential Facility for Children & Youth: Before approval is granted for any group
           residential facility for children and youth, the Applicant shall provide proof of any required
           local, state, and/or federal licenses, as applicable to the services provided and population
           served by the facility. (Add 2004-62)

5.03.025   Guest House: Use of a structure as a guest house must meet the following
           Conditions as well as all other standards applicable to residential use:
           (1) The gross floor area or the area used for residential occupancy shall not exceed one
           thousand (1,000) square feet;

           (2) The minimum lot size shall be fifty percent (50%) larger than the minimum required
           for a residential use in the same zone district; and

           (3) The length of stay of a guest shall be limited to thirty (30) days, unless said guests are
           the grandparents, parents, siblings or children of the occupants of the primary structure. (A.
           81-263)
5.03.027   Shooting Range Facility: A shooting range facility shall meet the following standards as well
           as all other standards applicable to a Special Use: (A. 98-108)
           (1) All outdoor shooting ranges shall be designed by a NRA Range Technical Team, in
           accordance with the standards established in the NRA document entitled "The Range
           Manual", unless modified by the Board of County Commissioners after a public hearing in
           which it was demonstrated that adequate safety measures have been taken by the applicant.

           (2) All shooting ranges will have sanitary facilities on site.

           (3) Any lighting used for a shooting range shall be oriented inward and downward.

           (4) No alcoholic beverages will be allowed on the shooting range site.

5.03.028    Accessory Structures (which includes a fence, hedge, or wall) – Agricultural Property: An
           accessory structure(s) exceeding the height restrictions set forth within Section 5.05.03(9)
           shall satisfy the following conditions:
                  (1) Said Accessory Structure(s) is required to maintain the agricultural use
                  contemplated or existing within the property;
                  (2) Said Accessory Structure(s) does not in any manner adversely impact the operation
                  of any adjacent public right-of-way or roads;
                  (3) Said Accessory Structure(s) does not adversely impact the natural lighting or
                  visual corridor of adjacent properties; and
                  (4) Said Accessory Structure(s) shall not obstruct critical traffic areas along roadways.
                  (Added 2004-02)

5.03.03    Studio for the Arts and Crafts: All activity must be conducted within a building and retail
           sales are limited to one-of-a-kind goods produced on the lot.

5.03.035   Riding Stable:
           (1) All horse riding shall be on the same property; a public right-of-way; other private
           property be permission; or publicly owned property subject to public land management
           agency authorization of trail use, if required.

           (2) No noise, dust, odors or sources of filth shall emanate from the property.

           (3) Any night lighting shall be hooded and directed inward to the property.

           (4)An indoor arena shall comply with all county building code requirements. (A. 94-148)

5.03.04    Aircraft Landing Strip: Such strip may not be in conflict with any reservation, regulation or
           requirements of the Federal Aviation Administration.

5.03.05    Airport, Utility: Such airport shall be approved by the Federal Aviation Administration.

5.03.06    Airport, Air Carrier:       Such airport shall be approved by the Federal Aviation
           Administration.

5.03.065   Veterinary Clinic:
           (1) All kennel and stable facilities attached to a clinic shall comply with all standards of a
           kennel and riding stable. (A. 94-148)

5.03.07    Industrial Operations: Industrial Operations, including extraction, processing, fabrication,
           industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard,
           access routes and utility lines, shall be permitted, provided:

           (1) The applicant for a permit for industrial operations shall prepare and submit to the
           Planning Director ten (10) copies of an impact statement on the proposed use describing its
           location, scope, design and construction schedule, including an explanation of its operational
           characteristics. One (1) copy of the impact statement shall be filed with the County
           Commissioners by the Planning Director. The impact statement shall address the following:

              (A) Existing lawful use of water through depletion or pollution of surface run-off, stream
           flow or ground water;

             (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
           vibration, or other emanations;

             (C) Impacts on wildlife and domestic animals through the creation of hazardous
          attractions, alteration of existing native vegetation, blockade of migration routes, use patterns
          or other disruptions;

            (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses
          and their impacts to areas in the County;

            (E) That sufficient distances shall separate such use from abutting property which might
          otherwise be damaged by operations of the proposed use(s);

             (F) Mitigation measures proposed for all of the foregoing impacts identified and for the
          standards identified in Section 5.03.08 of this Resolution

          (2) Permits may be granted for those uses with provisions that provide adequate
          mitigation for the following:

            (A) A plan for site rehabilitation must be approved by the County Commissioners before a
          permit for conditional or special use will be issued;

            (B) The County Commissioners may require security before a permit for special or
          conditional use is issued, if required. The applicant shall furnish evidence of a bank
          commitment of credit, bond, certified check or other security deemed acceptable by the
          County Commissioners in the amount calculated by the County Commissioners to secure the
          execution of the site rehabilitation plan in workmanlike manner and in accordance with the
          specifications and construction schedule established or approved by the County
          Commissioners. Such commitments, bonds or check shall be payable to and held by the
          County Commissioners;

             (C) Impacts set forth in the impact statement and compliance with the standards contained
          in Section 5.03.08 of this Resolution. (A. 93-061)

5.03.08   Industrial Performance Standards: All industrial operations in the County shall comply with
          applicable County, State, and Federal regulations regulating water, air and noise pollution
          and shall not be conducted in a manner constituting a public nuisance or hazard. Operations
          shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and
          odor and all other undesirable environmental effects beyond the boundaries of the property in
          which such uses are located, in accord with the following standards;

          (1) Volume of sound generated shall comply with the standards set forth in the Colorado
          Revised Statutes at the time any new application is made. (A. 93-061)

          (2) Vibration generated: every use shall be so operated that the ground vibration
          inherently and recurrently generated is not perceptible, without instruments, at any point of
          any boundary line of the property on which the use is located;

          (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply
          with all Federal, State and County air quality laws, regulations and standards;

          (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does
          not emit heat, glare, radiation or fumes which substantially interfere with the existing use of
          adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft
          warning signals, reflective painting of storage tanks, or other such operations which may be
required by law as safety or air pollution control measures shall be exempted from this
provision;

(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas :(A97-
112)

   (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted
standards and laws and shall comply with the national, state and local fire codes and written
recommendations/comments from the appropriate local protection district regarding
compliance with the appropriate codes; (A97-112)

  (B) At the discretion of the County Commissioners, all outdoor storage facilities may be
required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from
adjacent property; (A97-112)

   (C) No materials or wastes shall be deposited upon a property in such form or manner that
they may be transferred off the property by any reasonably foreseeable natural causes or
forces; (A97-112)
   (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and
the following standards: (A97-112)
      1. The minimum lot size is five (5) acres and is not a platted subdivision.
      2. The equipment storage area is not placed any closer than 300 ft. from any
      existing residential dwelling.
      3. All equipment storage will be enclosed in an area with screening at least
      eight (8) feet in height and obscured from view at the same elevation or lower.
Screening may include berming, landscaping, sight obscuring fencing or a
combination of any of these methods.
      4. Any repair and maintenance activity requiring the use of equipment that will
      generate noise, odors or glare beyond the property boundaries will be conducted
      within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri.
      5. Loading and unloading of vehicles shall be conducted on private property
      and may not be conducted on any public right-of-way.
(E) Any storage area for uses not associated with natural resources shall not exceed ten (10)
acres in size. (A97-112)
(F) Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property (A97-112)

(6)   Water pollution: in a case in which potential hazards exist, it shall be necessary to
      install safeguards designed to comply with the Regulations of the Environmental
      Protection Agency before operation of the facilities may begin.

All percolation tests or ground water resource tests as may be required by local or State
Health Officers must be met before operation of the facilities may begin.
5.03.09   Uses Not Itemized: Upon application or on its own initiative, the County Commissioners
          may, by resolution, add to the uses listed for a Zoning District any other similar use which
          conforms to the conditions set forth in the following special findings:
          (1) Such use is appropriate to the physiographic and general environmental character of
          the District to which it is added;
          (2) Such use does not create any more hazards to or alteration of the natural environment
          than the minimum amount normally resulting from the other uses permitted in the District to
          which it is added;
          (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor,
          glare or other objectionable influences or more traffic hazards than the minimum amount
          normally resulting from the other uses permitted in the district to which it is added;
          (4) Such use is compatible to the uses existing and permitted in the district to which it is
          added.
          In considering whether a use should be added to those uses listed for a zoning district, the
          Board's procedure shall be that of text amendment consideration, which may be combined, if
          the proposed use is to be conditional or special, with the conditional or special use permit
          procedure set forth herein. (A. 80-180)
5.03.10   Approval of Conditional and Special Uses: Uses listed as Conditional under the appropriate
          Zone District Regulation shall be permitted based on compliance with the requirements listed
          herein; where uses are listed as Special Uses, they shall be permitted only:
          (1)    Based on compliance with all requirements listed herein, and;
          (2)      Approval by the County Commissioners, which Board may impose additional
          restrictions on the lot area, floor area, coverage, setback and height of proposed uses or
          require additional off-street parking, screening fences and landscaping, or any other
          restriction or provision it deems necessary to protect the health, safety and welfare of the
          population and uses of the neighborhood or zone district as a condition of granting the
          special use.
5.03.11   Denial of Special Use: The County Commissioners may deny any request for special use
          based on the lack of physical separation in terms of distance from similar uses on the same or
          other lots, the impact on traffic volume and safety or on utilities or any impact of the special
          use which it deems injurious to the established character of the neighborhood or zone district
          in which such special use is proposed to be located.
5.03.12   Access Routes: All conditional uses and special uses must be provided with access routes of
          adequate design to accommodate traffic volume generated by the proposed use and to
          provide safe, convenient access for the use constructed in conjunction to the proposed use.
          The minimum design standards shall be the Garfield County Road Specifications.
5.03.13   Broadcasting Studio and/or Communication Facility: Such broadcasting studios and/or
          communication facility shall be approved by the Federal Communication Commission and
          the Federal Aviation Administration, where appropriate. (A. 84-78;97-60)
          In addition, the following standards will be used in the review application for a
          communication facility:
          1. All facilities shall comply with the radio frequency emission requirements of the
          Federal Communications Commission and any facility in compliance cannot be denied.
          2. The co-location of telecommunication facilities on one site is encouraged and the
          denial of a landowner/lessor of the co-location of a site shall be based on technical
          reasons, not on competitive interests. It is the County's policy to minimize the
          number of communication facilities by the encouragement of co-locating such
          facilities.
          3. A freestanding telecommunication facility, including antennas, shall not exceed the
          maximum structure height in the applicable zone district unless an exception is
          approved by the Board based on the applicant demonstrating the following: (A97-60)
                (a) Use of existing land forms, vegetation and structures to aid in screening the
                facility from view or blending in with the surrounding built natural environment
                (b) Design, materials and colors of antennas and their support structures, shall
                be compatible with the surrounding environment, and monopole support
                structures shall taper from the base to the tip.
                (c) It is consistent with existing communication facilities on the same site.
5.03.14   Community Corrections Facility: In addition to the requirements in Section 5.03, all
          corrections facilities as defined in Section 2.02.156 and subject to the provisions of this
          zoning code shall demonstrate the following:
                (1) No corrections facility shall be located in an area that is predominately
                residential in character with 1/2 mile of the proposed facility. Predominately
                residential shall be defined as over fifty percent (50%) of the property in the
                area is classified as residential in the records of the County Assessor's Office.
                (2) Off-street parking shall be provided for each employee -- no less than 5
                extra spaces.
                (3) No corrections facility will be located within 1/2 mile (500 feet) of
                any public or private school. (A97-60)

5.03.15   Kennel: (Amended 2001-05 & 2002-85)

          (1) All kennels shall be completely enclosed within a building that prevents any sounds
          from emanating from the property boundary in excess of the Residential Zone District
          standards contained in CRS § 25-12-103, with the exception of CRS § 25-12-103 (2) & (3),
          that no noise in excess of 55 db(A) from sunrise to sunset and 50 db(A) from sunset to
          sunrise will be allowed. Sunrise and sunset shall be based on the official time as determined
          by the Old Farmers Almanac charts of sunrise and sunset for the location of the kennel. A
          kennel may have dogs outdoors if the noise from the kennel does not exceed the noise
          standards cited previously and complies with other Garfield County regulations as provided
          in Section 1.07 of the Garfield County Zoning Resolution of 1978, as amended.

          (2) No dust, noise in excess of the Residential Zone District standards contained in CRS §
          25-12-103, with the exception that no noise in excess of 55 db(A) from sunrise to sunset, and
          50 db(A) from sunset to sunrise as defined above will be allowed, odors or source of filth
          shall emanate from the property.

          (3) An individual sewage disposal system capable of handling all feces and urine waste from
          the kennel or the feces and urine waste shall be stored in a sealed container, capable of being
          pumped to allow a commercial hauler to dispose of the feces and urine waste at an approved
          solid waste disposal site.

          (4) All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
          Act, CRS § 30-20-100.5, shall be stored and removed for final disposal in a manner that
          protects against surface and groundwater contamination.

          (5) No permanent disposal of any waste shall be permitted at a site. This does not include
          those wastes specifically excluded from the definition of a solid waste in CRS §30-20-100.5.
                 (6) Special events that attract more than 25 participants shall be prohibited on a site, unless
                 approved as a part of the original permit and the proposed special events are well defined as
                 a part of the permitting process.

                 (7) Animal and food wastes, bedding, debris and other organic wastes shall be disposed of
                 so that vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes
                 shall be removed at least weekly, or more frequently, from the facility and hauled by
                 commercial hauler to an approved solid waste disposal site.

                 (8) No more than one (1) dog per acre of land on the property permitted for a kennel, with a
                 maximum of 60 dogs on a single property.

5.03.16      Noise Barriers (This Section added under Resol #2004-108)

5.03.16.1    Incorporation by Reference

             Proposed Noise Barriers are subject to the administrative procedures applicable to Special
             Use Permits in Section 9.00 and the definitions in Sections 2.02.42 and 2.02.52 unless the
             requirements of those Sections are superceded by more specific regulations contained in this
             Section 5.03.16.

5.03.16.2    Administrative Applicability

            1.    Private land and County right-of-way. Noise Barriers proposed to be constructed
                  exclusively on private property or on private property and County right-of-way, whether
                  prescriptive or evidenced by a conveyance document, shall be subject to the provisions of
                  Section 5.03.16.5, below, and applicable Road and Bridge Department permitting
                  processes as described in County Resolution 2003-117.
            2.    Private Land and CDOT controlled right-of-way. Noise Barriers proposed to be
                  constructed on private land and CDOT controlled right-of-way, with or without co-location
                  on County right-of-way, are subject to a separate CDOT review process, as well as the
                  Special Use Permit requirements contained in Section 5.03.16.5 below, and provisions of
                  County Policy "Regarding Garfield County Serving as a Local Agency Applicant for
                  CDOT Highway and Related Projects." Resolution # 2004-113.
            3.    CDOT controlled right-of-way. Noise Barriers proposed to be constructed exclusively on
                  CDOT controlled right-of-way are not subject to the Special Use Permit review process
                  contained in Section 5.03.16.5, but are subject to a public hearing before the BOCC, a
                  separate CDOT review process, and the provisions of County Policy "Regarding Garfield
                  County Serving as a Local Agency Applicant for CDOT Highway and Related Projects."
                  Resolution # 2004-113.

5.03.16.3        Stand-Alone SUP

             1. Existing Developments - Zone Districts. Noise Barriers that are an improvement to a
             parcel of land with existing development may be permitted as a Special Use, under the
             application and review process contained in this Section 5.03.16, in all previously permitted
             and existing Zone Districts, described in the text or otherwise mapped.
               2. New Development Proposals. Where the Noise Barrier is submitted as a component of a
               new development proposal, it shall be reviewed as a stand alone request requiring a Special
               Use Permit. The Special Use Permit review may occur concurrently with a review of the
               development proposal.

5.03.16.4      Definitions

               The following definitions apply to this Section 5.03.16:

5.03.16.4(a)   Ambient Noise
               The total of all noise independent of the projected noise from any new particular source or
               increase in existing sources of noise. Ambient noise includes both sustained background
               readings and existing fluctuations in noise levels.
5.03.16.4(b)   BOCC

               Board of County Commissioners of Garfield County, Colorado

5.03.16.4(c)   CDOT
               Colorado Department of Transportation
5.03.16.4(d)   Decibel (dBa)
               The basic unit for measuring the difference of sound pressure levels from a sound event to
               a reference pressure. To approximate the range of frequencies of sound most audible to
               the human ear, an “A-weighting” factor is applied. Sound levels are usually reported in
               A-weighted decibels, abbreviated dab.
5.03.16.4(e)   Hourly Equivalent Noise Level (Leq(h))
               The equivalent steady state noise level that contains the same amount of acoustic energy as
               the time varying sound level over a one hour period
5.03.16.4(f)   Local Agency Applicant
               Local Agency Applicant as defined by the Colorado Department of Transportation, is a
               local unit of government with land use authority, where that government elects to enter
               into a contractual relationship with CDOT through an Intergovernmental Agreement for a
               specific project. A Local Agency Applicant will only be involved in the permitting process
               where proposed noise barriers are constructed either entirely on a CDOT controlled right-
               of-way or where such barrier is partially on CDOT controlled right-of-way.
5.03.16.4(g)   Noise Abatement
               A level of mitigation for noise impacts, typically defined as a reduction of decibels of
               either ambient noise or fluctuations of noise received by a recipient.
5.03.16.4(h)   Noise Barrier

               A physical structure, or a combination of related structures, made of solid material,
               constructed between the source of existing or anticipated noise and noise sensitive
               recipients, constructed of sufficiently dense materials (four pounds per square foot
                minimum density) that will achieve a substantial noise reduction and noise abatement
                between the source of the noise and the targeted recipients of that noise. “Sound Walls”
                are considered the same as Noise Barriers.
5.03.16.4 (i)   Noise Sensitive Recipients

                Inhabitants of an area targeted for the reduction of noise.

5.03.16.4(j)    Substantial Noise Reduction
                A reduction in at least 5 dab for the majority of the targeted noise sensitive recipients of
                the project.
5.03.16.5       Applicant’s Application Submittals

                The applicant shall submit the following as an application for a Noise Barrier Special Use
                Permit, on forms provided by the Building and Planning Department, with the specified
                number of hard copies and one digital copy in a format acceptable to the Building and
                Planning Department, with all following materials contained therein, with the payment of the
                appropriate fee:

                1. Narrative. A narrative describing the need for the Noise Barrier, based on existing and/or
                potential negative noise level impacts and predictable noise reduction for identified Noise
                Sensitive Recipients.

                2.Vicinity Map. A vicinity map showing the location of the proposed Noise Barrier in
                relationship to surrounding roads/streets/highways and parcels or lots for a distance of one half
                mile, at a scale not less than one (1) inch equals two thousand (2,000) feet.

                3.Site Plan. A site plan for the location of the Noise Barrier(s), in “plan view”, showing the
                subject property and all existing and proposed improvements at a scale of not less than one (1)
                inch equals two hundred (200) feet. The site specific plan shall include the location of the
                Noise Barrier; existing utility, irrigation, or other easements; improvements such as wells,
                dwelling units and fences; existing and proposed landscaping; and the property boundaries of
                parcels/lots directly affected by the Noise Barrier construction alternatives.

                4.Environmental Analysis. An environmental analysis, in a report form chosen by the
                applicant, showing impacts and proposed mitigation as to:

                A.   Wildlife migration patterns.
                B.   Existing drainages and flood control.
                C.   Existing trails, sidewalks and pathways.
                D.   Emergency access and fire protection.
                E.   Geological hazards.

                5.Preliminary Design. A conceptual design plan showing all elevations, location, height, and
                construction materials proposed. Elevations shall be designed and shown using conventional
                architectural or engineering scales. The design plan shall identify mitigations for any geologic
 hazards, soil types, environmental issues and site drainage concerns that the project may
 encounter.

 6.Noise Analysis Report. Probable noise reduction shall be based on a noise analysis
 conducted by a qualified individual or company. The report shall analyze each alternative
 proposed and demonstrate that the preferred proposed Noise Barrier achieves a Substantial
 Noise Reduction, as defined in Section 5.03.16.4(j) above.

 7.Alternatives Analysis. Documentation that the applicant explored alternatives to the
 construction of a Noise Barrier, such as site planning, construction insulation, and buffering
 methods, and that a Noise Barrier is the only alternative to achieve a Substantial Noise
 Reduction. If more than one form of Noise Barrier has been considered, the applicant shall
 include each type in the Alternatives Analysis. For each alternative noise impact reduction
 devise/method, the applicant shall demonstrate:

 A.        Probable noise abatement, through the Noise Analysis Report; and
 B.        Potential impacts of each alternative to the following:

      Viewsheds, from the point of view of current neighboring uses, traffic, and the structures
       directly adjacent to the noise barrier;
      Sight distances, such as “visual triangulation”, to ensure adequate and safe access and
       egress points;
      Snow loading;
      Potential shading and icing of traffic lanes and adjacent parcels/lots
      Existing human trails and informal pathways
      Wildlife Corridors and mitigation measures
C.     Proposed height and mass, required or necessary to achieve the desired noise reduction,
      as mitigated for impact.
D.     Differences in on-going maintenance needs for the Noise Barriers and associated
      landscaping and structures.

8. Construction Plan. Containing a preliminary and estimated construction schedule and
analyzing impact on traffic flows and local accesses. The construction plan shall show staging
areas and include proof that construction easements or other types of permits needed for
staging areas or other temporary uses can and will be made available. The Construction Plan
shall also include preliminary analysis of mitigation measures for dust control, runoff, materials
and soils storage, required temporary construction signage, and planned phases for
reclamation.

9. Ownership and Liability. Documentation detailing:

A. Proof of ownership of the real property underlying the Noise Barrier, and the property right
allowing construction of the Noise Barrier on the subject property.
B. Proof of ownership of the Noise Barrier as an improvement to real property, detailing
identical or separate ownership of the subject property and the Noise Barrier.
            C. Property and liability insurance coverage amounts as currently held by the HOA for all
            property held in common by the Association, along with a statement that noise barrier
            improvements fully on private lands will be covered under that policy.
            D. Maintenance schedule for the Noise Barrier and associated landscaping and/or other
            structures, if included. The schedule shall include weed control, vegetation management and,
            as to the Noise Barrier itself, surface renewal and graffiti removal.
            E. Sources of funding for on-going maintenance.

            10. Aesthetic Analysis. An aesthetic analysis in a report form chosen by the applicant,
            showing that the material or a proposed range of materials, of which the Noise Barrier is to be
            constructed is/are compatible with the overall character of the neighborhood and that the
            architectural design features minimize height and mass to the extent commensurate with
            anticipated designed noise reduction.

5.03.16.6    BOCC Review Standards

             Approval

             The BOCC shall approve a special use permit for a Noise Barrier only if: (1) the Noise Barrier
                     is demonstrated to create a Substantial Noise Reduction, as defined in Section
             5.03.16.4(j) above; and (2) is otherwise in compliance with the criteria included in this
             Section 5.03.16. The BOCC, as a condition of granting a Noise Barrier Special Use Permit,
             may impose additional restrictions on the height or mass of the proposed Noise Barrier; the
             quantity, type, mass and height of associated landscaping; or any other restriction it deems
             necessary to protect the existing uses and the health, safety and welfare of the population of
             the neighborhood or Zone District in which the Noise Barrier is proposed to be constructed.

             Denial

             The SUP may be denied on the basis of a lack of substantial noise reduction, availability of a
             less intrusive alternative, lack of mitigation to the impacts detailed in Section 5.03.16.5,
             above, inadequacy of representations made or insufficiencies of information provided in any
             or all aspects of the application, or inadequacy in the documentation or proof of ownership
             and insurance required by Section 5.03.16.5 (9), above. The BOCC may also deny a Noise
             Barrier Special Use Permit because of the proposed Noise Barrier’s impact on safety or any
             other impact that the BOCC deems injurious to the established character of the neighborhood
             or Zone District in which such is proposed to be located.

5.04          SUPPLEMENTARY LOT AREA REGULATIONS
5.04.01      Lot Slope Determinations: In determining lot slopes for use in establishing minimum lot area
             requirements and build able area, existing and proposed lots of less than two (2) acres shall
             be calculated on an individual lot basis. Contour intervals of five (5) feet or less shall be
             used to make this determination. For lots of two (2) or more acres in size and tracts of land
             proposed for other methods of development wherein creation of individual lots within said
             tract is not anticipated, the determination of lot slope shall be made utilizing available
             topographic maps.
5.04.02      Development Limitations Based on Lot Slope:
          (1)     Lot Size Less Than 1 Acre: Land with original and undisturbed slope in excess of
                  forty percent (40%) shall not be credited toward lot area in determining whether a lot
                  meets the minimum lot area requirements set forth in the zone district regulations;
                  however, a smaller building envelope may be approved by the Board, as a Special Use
                  permit, after review.
          (2)     Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1
                  acre in an area that has less than forty percent (40%) slopes; however, a smaller
                  building envelope may be approved by the Board after review of the following which
                  shall be submitted by the applicant:
                  (A) A soil land foundation investigation prepared by a registered, professional
                  engineer.
                  (B) A topographic survey with contour intervals of not more than two (2) feet.
                  (C) A site grading and drainage plan prepared by a register, professional engineer.
                  (D) A detailed plan of retaining walls or cuts, and fills in excess of five (5) feet.
                  (E) A detailed revegetation plan.
          All of the above shall show the minimum building envelope size for each lot and shall
          provide evidence that all structures and facilities can be built within such building envelope
          area so as not to disturb any forty percent (40%) slope area. The following shall be
          conditions of any approval:
                  (A) Foundations shall be designed by and bear the seal of a registered, professional
                  engineer.
                  (B) All final plans required to be submitted by a professional engineer shall be
                  approved in their final form and shall bear the seal of such registered, professional
                  engineer.
          (3)     For all lots: Driveways, access ways and access easements within the development
                  and on the property of developer shall have a maximum grade of fourteen percent
                  (14%). (A. 94-046)
5.04.03   Lot Area Restrictions Based on Sewage Disposal Method to be Employed:
          (1)     The following minimum standards shall apply and be used in conjunction with the
                  Garfield County Individual Sewage Disposal System Regulations in all zone districts,
                  and the following table shall be used to determine whether various types of disposal
                  are allowable on various lot areas:

                TYPE OF DISPOSAL                             LOT AREA
                                          Less than          1-2 acres                    over
                                          1 acre                                         2 acres
                Cesspool (FN1)            no                 no                          no
                Anaerobic                 no (FN7)           yes (FN4)                   yes
                Disposal On
                Lot (FN2)
                Aerobic                   no (FN7)           yes (FN4)                   yes
                Treatment on
                Lot (FN3)
               Treatment Off              yes                 yes                        yes
               Lot - Nondis-
               charging (FN5)
               Treatment Off              yes                 yes                        yes
               Lot - Discharging(FN6)
          When all other means of disposal are deemed unacceptable, vaults, privies and chemical
          toilets may be allowable for temporary use or permanent use when approved by the
          Environmental Health Officer pursuant to the Garfield County Individual Sewage Disposal
          Systems Regulations and applicable provisions of State Law.
          FOOTNOTES:
          1.      Prohibited by state law.
          2.     Provided that septic tank and subsurface disposal or dispersal method meets the
                 County Individual Sewage Disposal Systems Regulations and applicable state
                 requirements.
          3.     Provided that aeration plant and disposal or dispersal method meets the County
                 Individual Sewage Disposal Systems Regulations and applicable state requirements.
          4.      Provided that domestic water is supplied from approved central source.
          5.      State and County approved sewage treatment works with subsurface disposal.
          6.     State and County approved sewage treatment works discharging to ground surface or
                 waters of the State.
          7.      Unless pre-existing single lot of record.
          (2) If, as a result of percolation tests or other evaluations by the environmental Health
          Officer, the use of septic tanks or other individual sewage treatment facilities for uses and at
          densities as provided under the appropriate Zone District Regulations would result in a
          danger to health on the subject or adjacent lots, the minimum lot areas may be increased and
          the number of uses permitted by right under the appropriate zone district may be decreased
          and the maximum floor area ratio may be reduced by the County Commissioners.
          (3) Where a nonconforming lot exists in respect to the limitations under paragraph (1) of
          this section, the lot shall be occupied only by such uses and floor area ratio as is determined
          following procedures outlined under paragraph (2).
          (4) Where connection to a central or community sewage collection and treatment system
          approved by the Environmental Health Officer and the Colorado Department of Health is
          proposed but not available until installation or expansion of such facilities is completed, no
          uses shall occupy the lot, including structures intended for occupancy, until such sewage
          collection and treatment services are available.
5.04.04   Lot Area Restrictions Based on Subdivision Regulations: In addition to the lot area
          requirements established in this Resolution, any lot area created subsequent to September 1,
          1972, shall be either created in conformance with the Garfield County Subdivision
          Regulations or exempted therefrom by reason of definition or specific resolution by the
          County Commissioners. Any lot created subsequent to the above date and not meeting one
          (1) of the included requirements shall not be considered a legal lot for placement of a
          building or structure under these Resolutions.
5.04.05   Nonconforming Lots: Where a lot was held in separate ownership or was platted on a
          subdivision plat filed in the office of the County Clerk and Recorder prior to the adoption of
          the prior Garfield County Zoning Resolution enacted on November 27, 1973, and does not
          meet the minimum lot area requirements of the zone district in which the lot is located, such
          lot may be occupied by uses as provided under the appropriate Zone District Regulation and
          the floor area ratio for such nonconforming lot shall be determined following the standards
          included herein, provided that connection to a central sewage collection and treatment system
          approved by the Environmental Health Officer and the Colorado Department of Health is
          available. Where a septic tank or other individual sewage treatment facility is the only means
          of sewage disposal, the number of uses permitted by right under the appropriate Zone District
          Regulation may be decreased and the maximum permitted floor area ratio may be reduced by
          the County Commissioners if, as a result of percolation tests or other evaluations by the
          Environmental Health Officer, the use of septic tanks or other individual sewage treatment
          facilities for use and at densities as provided under the appropriate Zone District Regulation
          would result in a danger to health on the subject or adjacent lots. (A. 80-180)
5.04.06   Planned Unit Developments Established Under Repealed Regulations: Each Planned Unit
          Development district or subdivision legally approved under Zoning and Subdivision
          Regulations in effect at the time shall be identified on the appropriate zone district map and
          regulated under the terms and conditions, including the area and use of each lot, of its
          approval.
5.05      SUPPLEMENTARY SETBACK REGULATIONS
5.05.01   Arterial Streets: Front yard setback shall be observed for arterial streets as designated on the
          County Zone District Map.
5.05.02   Live Streams: A setback of thirty (30) feet measured horizontally from and perpendicular to
          the high water mark on each side of any live stream shall be protected as greenbelt and
          maintained in conformance with the definition thereof, with the exception of diversion
          facilities as an accessory to the approved use of the lot.
5.05.03   Yards: The following requirements shall be observed in all zone districts:
          (1) Through Lots: on lots extending from one (1) street to another paralleling street, both
          streets shall be considered as front streets for purposes of calculating front yard setbacks;
          (2) Corner Lots: on lots bordered on two (2) contiguous sides by streets, the required
          front yard setback shall be observed along both streets;
          (3) Two-family Dwellings: for purposes of setback calculations, a two-family dwelling
          shall be construed as one (1) building occupying one (1) lot;
          (4) Row House: for purposes of setback calculations, only those row houses which do not
          share a common wall with an adjacent row house need observe the required side yard setback
          for the district, provided that building code requirements for this type of structure are
          observed;
          (5) Partially Developed Frontages: on a vacant lot bordered on two (2) sides by
          previously constructed buildings which do not meet the required front yard setback for the
          district, the required front yard setback for the vacant lot shall be established as the averaged
          front yard setback of the two (2) adjacent buildings; where a vacant lot is bordered on only
          one (1) side by a previously constructed building which does not meet the required front yard
          setback for the district, the required front yard setback for the vacant lot shall be established
          as the averaged front yard setback of the adjacent building and the minimum front yard
          setback for the district;
          (6) Projections: every part of a required yard shall be unobstructed from ground level to
          the sky except for projections of architectural features as follows: cornices, sills and
          ornamental features - twelve (12) inches; roof eaves - eighteen (18) inches; uncovered
          porches, slabs and patios, walks, steps, fences, hedges and walls - no restriction; fire escapes
          and individual balconies not used as passageways may project eighteen (18) inches into any
          required side yard or four (4) feet into any required front or rear yard;
          (7) Accessory Building in Required Rear Yard: an accessory building may be located in a
          required rear yard provided that not more than forty percent (40%) of the rear yard area is
          covered. Such building shall observe a seven and one-half (7 1/2) foot setback from the rear
          lot line when there is not an adjacent alley. An adjacent alley shall observe a ten (10) foot
          setback from lot line;
          (8) Accessory Structure in Required Yards: (Except as provided in Section 5.05.03(9),
          “Accessory Structures – Agricultural Property”, which applies to the A/I, A/R/RD, RL
          (Gentle Slopes / Valley Floor), and DWC zone districts), a fence, hedge or wall may be
          located in any required yard provided that no such installation shall exceed eight (8) feet in
          height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet
          in height in any required front yard. (Amend.2004-02)
           (9) Accessory Structures – Agricultural Property: a fence, hedge, or wall may be located
          in any required yard of the A/I, A/R/RD, RL (Gentle Slopes / Valley Floor), and DWC zone
          districts provided that no such installation shall exceed eight (8) feet in height and shall meet
          sight triangulation standards. A taller fence may be approved be the Board of County
          Commissioners by obtaining a Special Use Permit if shown to demonstrate that said structures
          comply with Section 5.03.028. For purposes of implementing this provision, the term
          “Agricultural Land” as set forth within C.R.S. § 39-1-102(1.6)(a)(IV). (Added 2004-02)
5.06      SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
5.06.01   Building Height Exceptions: Parapet walls may exceed building height limitations by four
          (4) feet; stacks, vents, cooling towers, elevator cupolas, towers and similar noninhabitable
          building appurtenances shall be exempt from height limitations of this Resolution.
5.06.02   Communication Towers: Communication towers may exceed the building height limitations
          provided they are approved by Special or Conditional Use permit. (A. 84-78; 85-46)
5.07      GARFIELD COUNTY SIGN CODE
5.07.01   Intent:
          These regulations are established to safeguard the health, safety, morals, convenience, order
          and welfare of all residents of the County. It is the intent of these regulations to provide for
          the proper control of signs within the unincorporated areas of the County. It is recognized
          that signs are a necessary means of visual communication for the convenience of the public
          and also for the benefit of businesses. This code is intended to provide a reasonable balance
          between the right of the individual to identify his business, the right of the individual to
          utilize signs for other legitimate purposes, and the right of the public to be protected against
          visual discord and clutter resulting from the unrestricted proliferation of signs. This code is
          intended to aid in protecting the natural aesthetic character and scenic beauty of the area. It
          is further intended that the public be protected from signs that are structurally unsafe or
          obscure the vision of motorists or conflict with necessary traffic signs. Further, this code is
          intended to prevent unnecessary or excessive competition between signs in the County. (A.
          82-66)
5.07.02   Scope:
          This code is enacted pursuant to Sections 30-28-101, 111, and 113, C.R.S. The provisions
          of this code shall apply to the display, construction, erection, alteration, use, maintenance and
          location of all signs within the unincorporated areas of the County. All signs displayed,
          constructed, erected or altered after the date of the adoption of this code shall be in
          conformance with the provisions of this code. All signs that are existing at the time of the
          adoption of this code shall not be altered or enlarged without being in conformance with this
          code. The Building Official is hereby authorized and directed to enforce the provisions of
          this code. (A. 82-66)
5.07.03   Definition:
          (1) Building Frontage. The horizontal linear dimensions of that side of a building which
          abuts a street, parking area, mall or other circulation area open to the general public. Where
          more than one (1) use occupies a building, each such use having a public entrance or main
          window display shall be considered to have its own building frontage, which shall be the
          front width of the portion of the building occupied by that use.
          (2) Sign. Any written or pictorial representation, form, emblem, flag, banner, figure or
          similar character which has all of the following characteristics:
            (A) Is a structure or part thereof;
            (B) Is written, printed, projected, painted or constructed or otherwise placed or displayed
          upon or designed into a building canopy, awning or vehicle;
            (C) Is designed to attract attention and used as a means of identification or advertisement.
          (3) Sign Area. The sign area shall be determined by measuring the sum area of the
          surface of each plane, regardless of the shape, within the outermost edge or border of the
          plane. The computation of freestanding letters not attached to a surface or plane shall be
          made by determining the area enclosed within the smallest geometric figure needed to
          completely encompass all of the letters, words, insignias or symbols.
          (4) Sign Face. The surface of a sign upon, against or through which the message is
          displayed or illustrated.

          (5)   Signs, Structural types of.
             (A) Freestanding Sign. A sign that is supported by one (1) or more columns, uprights or
          poles extended from the ground or from an object on the ground or a sign that is erected on
          the ground. No part of the sign may be attached to a building (includes ground signs).
             (B) Projecting Sign. A sign attached to a building and extending in whole or in part
          fifteen (15) inches or more horizontally beyond the surface of the building to which the sign
          is attached.
             (C) Wall Sign. A sign displayed upon or against the wall of a building where the exposed
          face of the sign is in the plane parallel to the plane of the wall and extended not more than
          fifteen (15) inches from the face of the wall.
            (D) Suspended Sign. A sign suspended from the ceiling of an arcade, marquee or canopy.
           The minimum clearance between the underlying walkway and the bottom of any
          overhanging sign shall be ten (10) feet.
            (E) Portable Sign. Any sign not permanently attached to the ground or to any structure.
            (F) Roof Sign. Any sign erected upon, against or directly above a roof, but not extending
          above the peak of the roof.
            (G) Ground Sign. A type of freestanding sign which is erected on the ground and which
          contains no unrestricted space or open space between the ground and the top of the sign.
             (H) Temporary Sign. Any sign, banner, pennant, valance or advertising display
          constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with
          or without frames, intended to be displayed for a limited period of time only.
            (I) On-Premises Sign. Any sign directly pertaining to an existing permitted use on the
          property upon which said sign is located.
            (J) Off-Premises Sign. Any sign which contains a message unrelated to a business or
          profession conducted, or to a commodity, service or entertainment sold or offered upon the
          premises upon which such sign is located and pertaining to a permitted use.
          (6)    Signs, Types of.
            (A) Business Sign. A sign which identifies and directs attention to the business, service or
          profession or activities conducted.
             (B) Construction Sign. A temporary sign identifying a subdivision, development or
          property improvement by builder, contractor or other person furnishing materials, labor or
          services to the premises.
             (C) Identification Sign: Identification signs include name plates, signs or symbols
          establishing the identity of a building; combination of name and street addresses;
          landmark or natural features; plaques that are an integral part of the structure.
            (D) Joint Identification Sign. A sign that serves a common or collective identification for
          two (2) or more businesses or industrial uses.
             (E) Real Estate Sign. A sign indicating the availability for sale, rent or lease of a specific
          lot or building.
            (F) Ideological Sign. A sign expressing philosophical concepts, including religious and
          political signs, etc. (A. 82-66)
5.07.04   Incorporation of the Uniform Sign Code:
          The Uniform Sign Code, 1979 Edition, of the International Conference of Building Officials,
          including all appendices, is hereby adopted by the County to provide minimum standards to
          safeguard life, health, property and public welfare by regulating and controlling the design,
          quality of materials, construction, location, size, electrification and maintenance of all sign
          structures not located in a building. Section 303.3 of the Uniform Sign Code, 1979 Edition,
          is hereby deleted. (A. 82-66)

5.07.05   Permits:
          (1) It shall be unlawful to display, erect, relocate or alter any sign without first obtaining a
          sign permit from the Building Official, except as provided in subsection 5.07.06.
          (2) Once a sign permit has been issued, it shall be unlawful to change, modify or deviate
          from the terms or conditions of the approved permit without the consent of the Building
          Official.
          (3) The application for a sign permit shall be made by the owner or other persons having a
          legal interest in the property on which the sign is to be placed, or the authorized agent of the
          owner or other person(s) having a legal interest in the property. The application shall be
          made on forms provided by the Building Official and shall be signed by the applicant.
          Permit fees shall be established by the County Commissioners, as provided by resolution.
          (4) The owner of every freestanding sign or any sign which extends over any public way
          shall be required to furnish the Building Official annual evidence of insurance or bond
          coverage indemnifying the county from any liability incurred in the event of injury or
          damage resulting from the collision with or the fall or collapse of such sign by or onto
          persons or property within the public way. The amount of the required bond shall be
          determined by the County Commissioners. Such indemnification shall be required to be
          maintained in force as long as the sign extends over the public way. The owner of any sign
          extending over the right-of-way of a state highway shall provide the county with evidence
          from the State Highway Department that the sign meets all of the specifications of the State
          Highway Department. (A. 82-66)
5.07.06   Exemptions:
          The following shall be exempt from the permitting provisions of this code:
          (1) Government signs for local, state and federal agencies (includes "Neighborhood
          Watch" signs, etc.)
          (2) Official government notices posted by government officers in the performance of their
          duties.
          (3) Temporary decorations or displays which are clearly incidental to and are customarily
          associated with any national, local or religious holiday or celebration.
          (4) Temporary or permanent signs erected by a public utility company or construction
          company to warn of dangerous or hazardous conditions.
          (5) Names of building, dates of erection, monumental citations, commemorative tablets
          and the like when carved into stone, concrete or similar material or made of bronze,
          aluminum or other permanent-type construction and made an integral part of the structure.
          (6) Painting, repairing or cleaning of an advertising structure or the changing of the
          advertising copy or message thereon shall not be considered an erection or alteration which
          requires a sign permit unless a structural change is made.
          (7) Real estate signs which do not exceed the maximum sign area per face, and meet other
          requirements for the appropriate zone district, shall not be required to have a permit. Other
          temporary signs meeting the requirements of these regulations shall not be required to have a
          permit.
          (8) Personal identification signs for places of residence, provided that there is a maximum
          of one (1) per residence and the sign does not exceed a maximum of two (2) square feet.
          (9) Political campaign signs, provided that they meet the provisions detailed under
          "Temporary Signs," Section 5.07.08.
          (10) Warning signs such as "No Trespassing," "Danger," "Do Not Enter," etc.
          (11) Any signs permanently affixed to a vehicle (i.e., advertisements painted on trucks,
          cars, etc.), except where vehicles are parked specifically for the purposes of advertising.
          (12) Signs over gas pumps which indicate gas prices, provided that such signs shall be
          limited to one (1) per pump island and shall be no larger than four (4) square feet per face,
          with a maximum of two (2) sign faces per pump island.
          (13) Works of fine art which in no way identify a product or business and which are not
          displayed in conjunction with a commercial enterprise, which enterprise may benefit or
          realize direct commercial gain from such display.
          (14) Ideological signs or signs of political or religious expression expressing the
          philosophical views of the owner shall be allowed without requiring a permit. These signs
          are subject to the requirements of Section 5.07.08(3) (A), (C) and (E).
          (15) Directional traffic signs which do not exceed four (4) square feet per face, which do
          not exceed six (6) feet in height above ground level and which do not carry any commercial
          messages or advertisements. (A. 82-66; 87-131)
           (16) Signs identifying a building as a place of religious assembly or as a religious
          institution, provided the sign is not more than 90 sq. ft. in a residential or agricultural zone or
          more than 150 sq. ft. in a commercial zone. Further the sign shall comply with Section
          5.07.07(6). (Added 2004-08)
5.07.07   Prohibited Signs:
          (1) There shall be no signs or pictures of an obscene, indecent or immoral character such
          as will offend public morals or decency in accordance with constitutional standards.
          (2) There shall be no signs which imitate an official traffic sign or signal or which contain
          the words "stop," "slow" or other similar words.
          (3) There shall be no signs which are of a size, location, movement, content, coloring or
          manner of illumination which may be confused with or construed as a traffic-control device
          or which hide from view any traffic or street sign or signal or which obstruct the view in any
          direction at a street or road intersection.
          (4) There shall be no freestanding signs placed at the intersection of two (2) streets within
          the triangular area defined by a line extending from a point thirty (30) feet from the
          intersection of curb lines along one (1) street to a point thirty (30) feet from the intersection
          along the other curb line.
          (5) Freestanding signs shall maintain free air space between a height of forty-two (42)
          inches above any adjacent street elevation and a height of seventy-two (72) inches above said
          elevation.
          (6) There shall be no signs with visible moving, revolving or rotating parts, flashing or
          fluttering lights or other illuminating devices which have a changing brightness or intensity
          or color, or any mechanical movement or apparent movement achieved by electrical,
          electronic or mechanical means except for time-temperature-date signs.
          (7) Signs shall identify or advertise only interests conducted on the lot of the sign location
          unless the Board of Adjustment, upon request, determines that an off-site sign conforming to
          the district regulation in which the sign is located is necessary to promote the interests of the
          use to which it relates.
          (8) No sign shall be painted on rocks or other natural features or terrain.
          (9) Only one (1) permitted sign per lot shall be allowed, except in the P/A zone district
          where a wall sign will be allowed on the runway and public access sides of each building.
          (Amended 2001-05)
          (10) If the lot on which a building is located has multiple property frontage, then the sign
          limitation for that zone district shall be applied for each lineal foot of property frontage along
          the longest adjacent public right-of-way, plus an additional sign area of one-half (1/2) the
          zone district limitation for each additional lineal foot of property frontage along each
          separate, additional public right-of-way. (A. 82-66)
5.07.08   Temporary Signs:
          The following signs shall not require a permit if they meet the following conditions. If a
          larger sign is desired, a permit will be necessary.
                (1) Construction Sign. On building construction sites, one (1) sign shall be permitted for
                all participating building contractors, subcontractors, participating professional firms,
                participating lending institutions and property owners on the construction site, each such sign
                to be less than twenty (20) square feet in sign area or less. All such signs shall be removed
                no later than seven (7) days after the issuance of the Certificate of Occupancy for the project.
                (2) Real Estate Signs. One (1) real estate sign, in conformance with the requirements of
                Section 5.07.06(7) of these regulations, shall be permitted on the lot, under the same
                ownership, being offered for sale, rent or lease. The sign shall be removed not later than
                seven (7) days after the closing of the real estate conveyance.
                (3) Temporary Political Campaign Signs. Signs announcing candidates seeking public
                office with pertinent data, signs relating to ballot issues with pertinent data, etc., shall be
                allowed subject to the following limitations:
                   (A) Political campaign signs in any residential district shall not exceed three (3) square
                feet per face or six (6) feet total.
                   (B) The maximum sign area shall be ten (10) square feet for each sign face, or twenty (20)
                feet total, in commercially zoned areas.
                  (C) Such signs shall be placed no closer than eight (8) feet from the nearest pavement
                edge.
                  (D) All such signs shall be removed no later than seven (7) days after the election for
                which they are intended.
                   (E) All political campaign signs not meeting these requirements shall be required to obtain
                a permit.
                (4) Garage Sale Signs. One (1) garage sale sign not exceeding six (6) square feet of sign
                area for all sign faces which is installed on the lot or series of contiguous lots under the same
                ownership on which the garage sale is located, which is installed not more than seven (7)
                days prior to the garage sale and which is removed not later than two (2) days after the
                garage sale.
                (5) Temporary Signs. Temporary signs announcing any public, charitable, educational or
                religious event or function may be installed for a period of not more than twenty-one (21)
                days prior to the event and removed not more than seven (7) days after the event, with a total
                sign area of not more than twenty (20) square feet to all sign faces. (A. 82-66; 87-131)
5.07.09         Zone District Setbacks and Allowable Signs: (Amend 2001-05, add P/A)
                (1) Allowable signs: The following list describes those signs allowed within the various
                zone districts, the structural types allowed and the maximum sizes and surface areas of each.
                 As indicated previously, certain signs do not require a sign permit so long as they meet the
                conditions             in          Sections           5.07.06          and           5.07.08.
                   Structural Types       Maximum          Maximum Sign
Zone District      of Signs Allowed        Height          Area Per Face           Types of Signs Allowed
R/G/SD and           Freestanding             4'            30 square feet             Construction
R/G/UD               (subdivision I.D.                                                 Identification
                     signs only)              NA            2.5 square feet            Real Estate
                     Temporary                4'            6 square feet
C/G and              Freestanding             30'           150 square feet            Business
C/L                  Wall                     NA            2 sq. ft. per lineal ft.   Construction
                                                            of bldg. frontage, not     Identification
                                                       to exceed 60 sq. ft.       Jt. Identification
                    Projecting            NA           Same as Above              Real Estate
                    Suspended             NA           Same as Above
                     Roof          Not to exceed       Same as Above
                                    roof peak
                    Temporary             10'          30 square feet
R/L (Gentle         Freestanding          20'          90 square feet             Business
slopes &            Wall                  NA           2 sq. ft. per lineal ft.   Construction
lower                                                  of bldg. frontage, not     Identification
valley                                                 to exceed 30 sq. ft.       Real Estate
floor)              Projecting            NA           Same as Above
                    Suspended             NA           Same as Above
                    Roof                  NA           Same as Above
                    Temporary             10'          30 square feet
R/L                 Freestanding          15'          50 square feet             Construction
(Plateau)           Wall                  NA           2 sq. ft. per lineal ft.   Identification
                                                       of bldg. frontage, not     Real Estate
                                                       to exceed 30 sq. ft.
                    Projecting            NA           Same as Above
                    Suspended             NA           Same as Above
                    Roof                  NA           Same as Above
                    Temporary             5'           30 square feet
R/L
(Talus Slopes       ONLY EXEMPTED SIGNS ALLOWED
& Escarpment)
O/S                 Freestanding          5'           30 square feet             Identification
                    Temporary             5'           30 square feet
A/I and             Freestanding          20'          90 square feet             Business
A/R/RD              Wall                  NA           2 sq. ft. per lineal ft.   Construction
                                                       of bldg. frontage, not     Identification
                                                       to exceed 30 sq. ft.       Real Estate
                    Projecting            NA           Same as Above
                    Suspended             NA           Same as Above
                     Roof          Not to exceed       Same as Above
                                    roof peak
                    Temporary             10'          30 square feet
R/L/SD and          Wall                  NA           2.5 square feet             Construction
R/L/UD              Temporary             4'           6 square feet               Identification
                                                                                  Real Estate
P/A                 Freestanding          30’          150 square feet            Business
                    Wall                  NA           Only projecting            Construction
                    Projecting            NA           2 sq. ft. per lineal ft.   Identification
                                                       Of bldg. frontage, not     Jt. Identification
                                                       to exceed 180 sq. ft.      Real Estate
                    Suspended             NA           Not allowed
                    Roof                  NA           Not allowed
                    Temporary             Subject to Airport Mngr. approval and not to exceed 32 sq.ft.
                (2) Setbacks. All signs shall maintain a minimum setback of ten (10) feet from the
                street right-of-way line. (A. 82-66)
5.07.10         Planned Unit Development (PUD) and/or Industrial or Commercial Subdivision.
          Existing platted commercial or industrial planned unit developments (PUDs) or subdivisions
          shall be allowed one (1) freestanding sign per development, with one (1) additional
          identification sign for each business within the development. Sizes shall be compatible with
          those specified for the underlying County Zone District. That is, the PUD signage limitation
          shall be compatible to or more restrictive than the County Zone Districts, but shall not be
          broader in scope than the county requirements. All future developments of this type shall
          develop a sign code for their proposed uses, which must receive approval from the County
          Commissioners and which shall be recorded at the time of PUD/Zone Change designation.
          (A. 82-66)
5.07.11   Existing or Nonconforming Signs.
          Signs existing at the time of the effective date of this Resolution and not in compliance
          herewith shall be regarded as nonconforming signs which may continue for a period of eight
          (8) years from the earliest effective date of the substantive provisions or limitations with
          which the signs do not comply, if the signs are properly repaired and maintained and in
          conformance with the other regulations of the county. At the end of such eight (8) year
          period, the signs shall be removed. Nonconforming signs which are structurally altered,
          relocated or replaced shall comply immediately with all provisions of this sign code. (A.
          82-66; 82-90)
5.07.12   Variance.
          A variance from the strict application of the provisions of this code may be granted by the
          County Board of Adjustment, in accordance with the following guidelines:
          (1) It is the policy of the county to encourage aesthetically pleasing signs without
          substantial interference with the business to which the sign relates.
          (2) Projecting signs should not substantially obscure any part of another sign relating to
          another use.
          (3) Excessively large or tall signs should be avoided to prevent visual obstruction of the
          natural scenery within the county.
          (4) Variances should not be granted which would allow any business use an unfair
          advertising advantage over any other business use.
          (5) If it is necessary or reasonable to grant a variance to the strict regulations of this
          chapter, the sign should be limited in size, height and location in conformance with the
          purpose of the sign. (A. 82-66)
5.07.13   Violations and Penalties.
           Any person, firm or corporation violating any of the provisions of this code shall be guilty of
           a misdemeanor, and each such person shall be deemed guilty of a separate offense for each
           and every day or portion thereof during which any violation of any of the provisions of this
           code is committed, continued or permitted, and upon conviction of any violation such
           persons shall be punishable by a fine of not more than one hundred dollars ($100.00) or by
           imprisonment for not more than ten (10) days or both such fine and imprisonment. (A.
           82-66)
5.07.14   Severability.
          To the extent that certain parts of this Resolution are found to be unconstitutional, it shall not
          affect the validity of the remaining sections of this sign code resolution. (A. 82-66)
5.08      FISCAL IMPACT MITIGATION PROGRAM
5.08.01      Statement of Purpose and Authority
             The Board of County Commissioners for the County of Garfield, State of Colorado
             (hereinafter the "Board"), supports private activities, including extraction of natural
             resources, which result in the diversification of the economic base for the County. Economic
             development increases the local tax base, provides increased employment opportunities and
             diversifies the local economy. Through zoning and subdivision controls, the Board has
             attempted to require developers to pay a fair share of the public costs associated with
             development. Major Projects, because of their size, require that the Board set forth an
             express plan by which local government entities can deal with the impact of large scale
             development. Unless this is done, there may be an unacceptable deterioration in the quality
             of life for present and future residents of the County.
             The purpose of the fiscal impact mitigation program is to condition a land use permit to the
             sponsor of a Major Project so that the sponsor will participate, as necessary, in a mitigation
             plan to provide for the timely availability of adequate housing, community facilities and
             public services during the construction phase of a Major Project. In order to accomplish this,
             the Board has established a consistent review procedure by which the fiscal impacts on local
             governments in the impacted area can be determined. The program will be limited in time to
             that period between the start of construction and the time when construction is complete as
             specified in Section 5.08.07.10 herein. This is necessary since the Board recognizes that
             traditional sources of revenue must support the expenditure of funds by local government for
             the duration of the project.
             The County is a political and legal subdivision of the State of Colorado, and pursuant to the
             Constitution and laws of the State, is authorized to exercise land use authority over the
             unincorporated areas of the County (Section 30-28-102, C.R.S.). The purpose of zoning is to
             provide for the coordinated, adjusted and harmonious development of the county (Sec. 107),
             so that the health, safety, morals, convenience, order, prosperity or welfare of the present and
             future inhabitants of the state be increased (Sec. 115). In addition, Article 20, Title 29,
             C.R.S., is a broad grant of authority to local governments to plan for growth of the State.
             Specifically, Section 29-20-104, C.R.S., provides in pertinent part:
             Each local government within its respective jurisdiction has the authority to plan for and
             regulate the use of land by:
                    (e) Regulating the location of activities and developments which may result
                          in significant changes in population density;
                    (f) Providing for phased development of services and facilities;
                    (g) Regulating the use of land on the basis of the impact thereof on the
                    community or surrounding area.
              It is the position of the Board that the welfare of the residents of the County is affected by the
              quality of life in adjacent impacted areas, and that the grant of authority from the state
              provides for planning for the effects of projects located inside the county but which affect
              areas outside of the county's boundaries. (A.82-318)
5.08.02      Definitions
5.08.02.01   BOARD: The Board of County Commissioners of Garfield County, State of Colorado. (A.
             82-318)
5.08.02.02   EMPLOYEE: Any person employed by the Applicant and its construction contractors and
             subcontractors who is working on a Major Project in the County. (A. 82-318)
5.08.02.03   FISCAL IMPACT ANALYSIS: A projection of the direct and indirect public costs and
             revenues associated with the provision of public services and facilities by government
             entities in the impact area. (A. 82-318)
5.08.02.04   GOVERNMENT ENTITY: An organization authorized to levy ad valorem taxes in the State
             of Colorado. (A. 82-318)
5.08.02.05   IMPACT AREA: That geographical area which includes any government entity whose total
             population would be increased by fifteen percent (15%) or more as a result of a Major
             Project. The base year shall be the same as the year in which the Statement of Intent to
             Apply is filed. (A. 82-318)
5.08.02.06   LAND USE PERMIT: A land use permit, for purposes of this Subsection 5.08, shall refer to
             special and conditional use permits as otherwise defined in this Resolution. (A. 82-318)
5.08.02.07   LOCAL GOVERNMENT REVENUES: Revenues received by or available to a government
             entity such as ad valorem taxes, sales, use and severance taxes, service charges and fees,
             licenses, permits and grants and inter-governmental assistance programs. (A. 82-318)
5.08.02.08   MAJOR PROJECT: A project located in the County which will employ at any one (1) time
             a total work force of two hundred (200) or more employees in the County. (A. 82-318)
5.08.02.09   TOTAL WORK FORCE: Total number of employees on the Major Project at any one time.
             (A. 82-318)
5.08.03      Program Compliance Requirement
             All applicants seeking land use permits for Major Projects are subject to the requirements of
             the County Fiscal Impact Mitigation Program. In addition to any other requirements of this
             Resolution, applicants for Major Project permits shall prepare and submit the following to
             the Board, unless granted an exemption from any or all such requirements by the Board:
             (1)   A statement of intent to apply;
             (2)   A pre-application notice;
             (3)   A review fee;
             (4)   A Fiscal Impact Analysis;
             (5)   A Fiscal Impact Mitigation Program;
             (6)   Housing and Fiscal Impact Mitigation monitoring reports following issuance of land
                   use permits. (A. 82-318)
5.08.04      Pre-Application Administrative Procedures
5.08.04.01   Statement of Intent to Apply
             The applicant for a Major Project shall file with the Board a Statement of Intent to apply for
             land use permits outlining the substance of the requested permits, the proposed scope of
             study of the fiscal impact analysis, the timetable for the fiscal impact study and any request
             for exemption from any requirements of the pre-application procedures. (A. 82-318)
5.08.04.02   Exemptions from Pre-Application Procedures
             (1) Any applicant of a Major Project who has elected to coordinate notice of acquisition of
             project permits through the Colorado Joint Review Process and who has taken steps so that
             impacted government entities have been notified of such election in advance of the public
                meetings held as part of the review process may apply for an exemption to the
                pre-application procedures.
                (2) Any applicant of a Major Project for which a federal environmental impact statement
                must be prepared, and who has taken steps so that impacted government entities are given
                adequate notice of the scoping meetings held with respect to such impact statement, may
                apply for an exemption to the pre-application procedures.
                (3) The Board will review and act upon the request for exemption from any or all
                provisions of the pre-application procedures within fifteen (15) working days of receipt of a
                complete and adequate Statement of Intent to Apply and request for exemption from the
                pre-application procedures. (A. 82-318)
5.08.04.03      Pre-Application Notice
                A Pre-Application Notice for a permit shall be filed with the Board and shall contain the
                applicant's proposal including the following information:
                (1) The name and address of the applicant and, if the applicant is a partnership,
                association or corporation, the names, titles and addresses of the persons to be contacted
                regarding the Major Project;
                (2)    Specific description of the nature and location of the Major Project;
                (3) Estimated time of commencement of construction, construction time and overall
                development schedule;
                (4) Estimated number of employees of the applicant, and contractors and subcontractors
                of the applicant, during the construction phases and during the operating life of the Major
                Project. Estimates may include the number of employees who do not currently reside within
                the impact area of the Major Project;
                (5) Identify the government entities and other taxing authorities within the potential
                impact area;
             (6)     Principal sizing, scheduling, location or other alternatives that the applicant may
             pursue in the construction, development and operation of the Major Project; and
             (7)      A list of studies, which the applicant intends to submit on the housing and fiscal
             impacts of the Major Project. (A. 82-318)
5.08.04.04   Pre-Application Referral and Public Notice
             Not more than fifteen (15) working days following receipt of a Pre-Application Notice for a
             permit, the Board shall:
             (1)      Notify the governing bodies of government entities which will be within the impact
             area and affected by the proposed Major Project;
             (2)       Transmit a copy of the Pre-Application Notice to the affected government entities;
             (3)       Cause a summary of the Pre-Application Notice to be published in a newspaper of
             general circulation within the county;
             (4)       File copies of the Pre-Application Notice with the county clerk and recorder; and
             (5)       Notify the applicant of the direct costs associated with the notification and publication
             of the Pre-Application Notice. Such costs shall be paid by the applicant within thirty (30) days
             of billing. (A. 82-318)
5.08.04.05   Pre-Application Meeting
             The Board shall conduct a public informational meeting in the county no later than ninety (90)
             days after receipt of the Pre-Application Notice. Any person may participate in the meeting, to
             the extent deemed reasonable and relevant by the Board. Such meeting shall be conducted in
             order to accomplish the following purposes:
             (1)      To provide information about the proposed facility and its potential impact area;
             (2) To receive the concerns of the public and each government entity regarding the potential
             impact of the proposed Major Project; and
             (3)      To determine the nature and extent of exemptions from any provisions of this program
             that may be granted to the applicant. (A. 82-318)
5.08.04.06   Pre-Application Report
             As soon as practical, but in any case within thirty (30) days after the conclusion of the
             pre-application meeting required by this section, the Board shall prepare and make public a
             report on the Pre-Application Notice and meeting. The report shall include:
             (1)      A summary of public and government entities comments;
             (2)      The applicant's proposed scope, approach and schedule for the Fiscal Impact Analysis;
             and
              (3)      A grant of exemptions, if any, from any provisions of the Fiscal Impact Analysis and
              Fiscal Impact Mitigation Program procedures. (A. 82-318)
5.08.05       Fiscal Impact Analysis Requirements
              Prior to submitting an application for a land use permit, any applicant for a Major Project shall
              prepare a Fiscal Impact Analysis. (A. 82-318)
5.08.05.01      Scope of Activities
                Before the applicant commences the Fiscal Impact Analysis, the applicant shall consult with
                the Board regarding: (1) the scope of the Fiscal Impact Analysis, based on the subjects listed
                below; (2) the schedule for the study upon which the Fiscal Impact Analysis will be based;
                and (3) a schedule for periodic reports to the Board concerning the study. The following
                subjects shall be included in the study at a minimum:
               (1)    The location and purpose of the Major Project;
               (2)    Estimated construction schedule;
               (3)    Number of employees for construction and operating work force;
               (4)    Direct and indirect tax bases and revenues associated with the project;
               (5)    Demonstration of consistency with local land use plans;
               (6) Total direct and indirect population associated with the project, including the rate,
               distribution and demographic characteristics of the population change;
               (7) The direct and indirect effects of construction and operation of the Major Project
               within the impact area, including but not limited to the following:
                  (A) Economic base;
                   (B) County services;
               (C) Housing;
               (D) Transportation;
               (E) Sewer and water facilities;
               (F) Solid waste facilities;
               (G) Public safety and fire protection;
               (H) Educational facilities;
               (I) Health services and hospital facilities;
               (J) Recreation facilities; and
               (K) The fiscal impacts of the Major Project on public facilities and services of each
             government entity in the impact area;
             (8) Definition of impact areas:
                (A) A list of each government entity in the impact area; and
               (B) The basis for inclusion or exclusion of each government entity in the impact area.
             (9) Any other items the Board or the applicant may deem appropriate for inclusion in the
             Fiscal Impact Analysis. (A. 82-318)
5.08.05.02   Review Fee
             The Board will provide the applicant with an estimate of the fee required to reimburse the
             county for the cost of investigating, reviewing, processing and serving notice of the Fiscal
             Impact Analysis. Payment of the review fee shall be on a reimbursement basis. The
             applicant shall pay all invoices within thirty (30) days of billing, but may pay under protest
             pending the results of an independent audit requested and paid for by the applicant. Time
             and expenses of the county shall be reimbursable. No Fiscal Impact Analysis review fee
             shall exceed fifteen thousand dollars ($15,000.00) in total. No portion of the fee may be
             used for litigation. (A. 82-318)
5.08.05.03   Advisory Committees
             The Board may appoint one (1) or more committees at the request of local government
             entities to assist in the Board's review of the Fiscal Impact Analysis and to make suggestions
             concerning the Fiscal Impact Mitigation Program. The Committees may be composed of
             representatives of government entities in the impact area. The committees may be
             reimbursed, within the limits of the review fee, for any necessary expenses in the reasonable
             conduct of the evaluations. The Board shall approve expenses before they are incurred
             following consultation with the applicant. If requested by a government entity, the Board
             may provide technical assistance to the government entity in evaluating the Fiscal Impact
             Analysis. Any report of an advisory committee shall be submitted to the County Planning
             Commission and the Board. (A. 82-318)
5.08.06      Review of the Fiscal Impact Analysis
5.08.06.01   Referral and Public Notice
             Upon receipt of a complete Fiscal Impact Analysis for a Major Project, the Board shall:
             (1) Transmit within ten (10) working days a copy of the Fiscal Impact Analysis to each
             government entity within the impact area;
             (2) Publish within fifteen (15) working days a notice of receipt of the Fiscal Impact
             Analysis at least one (1) time in a newspaper of general circulation in the county, and utilize
             any other means of notifying the public that the Board may deem necessary.
             (3) Make copies of the Fiscal Impact Analysis available for inspection by members of the
             public; and
             (4) Refer the Fiscal Impact Analysis to the County Planning Commission for evaluation
             and recommendation. (A. 82-318)
5.08.06.02   Public Comment
             Not less than twenty-one (21) days before the hearing described in Section 5.08.06.03 below,
             any person or government entity may submit written comments to the Board concerning:
             (1)   The adequacy of the Fiscal Impact Analysis. If the person or government entity shall
                   be of the opinion that the Fiscal Impact Analysis is inadequate, it shall state in writing
                   what additional information is needed for an adequate analysis;
             (2)   Any variance or incongruity with government entity policy, if applicable; and
             (3)   Written comments shall be made available to all parties who request copies prior to
                   the public hearing. (A. 82-318)
5.08.06.03   Public Hearing
             Within seventy-five (75), and not less than forty-five (45), days after receiving the Fiscal
             Impact Analysis, the Board shall hold a public hearing to consider the adequacy of the Fiscal
             Impact Analysis. Notice of the hearing shall be published at least one (1) time in a
             newspaper of general circulation, and the date of publication shall be at least fifteen (15)
             days before the date of the hearing. The Board shall state the basis for its decision in writing
             within thirty (30) days of the conclusion of the public hearing with a specific description of
             any inadequacies that must be corrected. (A. 82-318)
5.08.07      Fiscal Impact Mitigation Program
5.08.07.01   Approval of the Fiscal Impact Mitigation Program
             The Board shall condition any land use permits issued for a Major Project upon approval of a
             fiscal Impact Mitigation Program based on the following criteria. The Board approval of the
             Fiscal Impact Mitigation Program shall take place concurrently with the approval of any land
             use permits for the Major Project. (A. 82-318)
5.08.07.02   Provisions of the Fiscal Impact Mitigation Program
             The applicant shall address the impacts identified in the Fiscal Impact Analysis prepared
             pursuant to Section 5.08.06 in a mitigation program. The applicant's Fiscal Impact
             Mitigation Program shall include measures to provide that:
             (1)    Housing is available for the employees of the Major Project;
             (2) Additional public services and facilities including operating costs necessary to
             mitigate impacts of the Major Project will be provided or available or additional revenues
             provided or available to each government entity sufficient to mitigate impacts of the Major
             Project or the impacts created by the employees of the Major Project and their households;
             and
             (3) Any capital costs of construction of new or expanded public facilities necessary for
             each government entity to provide service required by the Major Project or by the employees
             of the Major Project and their households are available. (A. 82-318)
5.08.07.03   Delay or Abandonment of the Major Project
             The applicant shall prepare a plan to mitigate the fiscal impacts on each government entity
             resulting from delay or abandonment of the Major Project after any land use permits are
             issued by the county. (A. 82-318)
5.08.07.04   Joint Mitigation Programs
             To the extent that two (2) or more Major Projects have concurrent construction periods, the
             Fiscal Impact Mitigation Program may provide for joint mitigation efforts with another Major
             Project. The Fiscal Impact Mitigation Program may also recognize the effects of other
             concurrent or preceding mitigation programs on the need for new and expanded public
             services and facilities. (A. 82-318)
5.08.07.05   Reimbursement for Impact Mitigation Activities
             To the extent that the Fiscal Impact Mitigation Program may result in a greater increase in
             the capacity of community facilities and public services than necessary to accommodate the
             direct impacts of the project, the Board may develop requirements that future Major Projects
             reimburse the applicant for excess capacity available to the future Major Project. (A.
             82-318)
5.08.07.06   Financing of Public Improvements
             The Fiscal Impact Mitigation Program may provide for the use of grants, loans, loan
             guarantees, bond guarantees, industrial revenue bonds, a build-and-lease approach, or any
             other financing mechanisms or combination of mechanisms which are appropriate for the
             specific facility or service. (A. 82-318)
5.08.07.07   Tax Incentives
             Government entities and the applicant may enter into appropriate agreements providing for
             prepayments of property taxes pursuant to Article 1.5 of Title 39, C.R.S., severance tax
             credits pursuant to Section 39-29-107.5, C.R.S. or other incentives enacted at the state or
             local level. Government entities may also enter into intergovernmental agreements necessary
             to implement the Fiscal Impact Mitigation Program. (A. 82-318)
5.08.07.08   Local Government Participation
             The Board recognizes that effective and workable mitigation programs require the full and
             cooperative efforts of both industry and local government. In this regard the Board may
             actively participate and encourage other affected jurisdictions to participate and cooperate in
             implementing recommended mitigation programs when appropriate, especially where such
             programs call for specific actions to be taken by such affected jurisdictions. (A. 82-318)
5.08.07.09   Phasing of the Fiscal Impact Mitigation Program
             To the extent that the project involves phases of construction over time, the Fiscal Impact
             Mitigation Program may also be phased so that the timing of program by the applicant and
             other elements of the program for mitigation impact shall correspond to the phases of
             construction activity. If such program is phased and a governmental entity's costs change,
             the program shall be changed by a proportional amount. (A. 82-318)
5.08.07.10   Program Expiration
             The Impact Mitigation Program shall be deemed to satisfy the housing and fiscal impact
             mitigation conditions of the land use permits issued for the Major Project when the
             construction of the Major Project is complete. This requirement of impact mitigation shall be
             deemed complete as of the last day of the calendar year in which construction is finished.
             Also, the applicant shall have the right to demonstrate to the Board that local government
             revenues from the project exceed the applicant's costs of the Fiscal Impact Mitigation
             Program prior to completion of construction. (A. 82-318)
5.08.08      Fiscal Impact Mitigation Program Compliance
5.08.08.01   Annual Fiscal Impact Mitigation Program Reporting
             The Major Project sponsor shall annually report to the Board on the provision and
             availability of additional public services and facilities or revenues to each government entity
             as required by the Impact Mitigation Program approved by the Board. (A. 82-318)
5.08.08.02   Monitoring
             As a condition of the land use permits, the project sponsor shall be required to develop and
             implement an ongoing housing and employment monitoring system. If the total work force
             significantly exceeds the employment force which was projected at the time of permit
             issuance, the Major Project sponsor shall be required to notify the Board of the effects of the
             increased work force on the approved mitigation program, any additional measures needed to
             accommodate the work force, and any additional steps the sponsor shall take to mitigate the
             fiscal or housing impacts in the impact area. (A. 82-318)
5.08.08.03   Fiscal Impact Mitigation Program Adjustment
             Upon a ten percent (10%) or greater variance in average total work force from what was
             projected at the time of permit issuance, the Board may adjust the Impact Mitigation Program
             in proportion to the difference in projected to actual work force. At the time of issuance of
             the decision on the land use permit, the Board shall determine whether the variance will be
             calculated on the basis of quarterly, semi-annual or annual work force projections. (A.
             82-318)
5.08.09      Supplemental Major Project Land Use Application Requirements
5.08.09.01   Submittal Requirements
             (1)   The applicant shall file copies of the application with the Board, the number to be
                   determined by the Board.
             (2)   Maps, charts or other documents which are bound in the application shall be cut or
                   folded to eight and one-half (8 1/2) by eleven (11) inch size. Maps, drawings or
                   charts may accompany an application as separate exhibits.
             (3)   The application shall be signed by a managing partner, the proprietor or a responsible
                   executive.
             (4)   As part of the application, the applicant shall submit an objective summary of the
                   entire application, not to exceed thirty (30) pages in length.
             (5)   Whenever this program requires information concerning the Major Project to be
                   submitted to the Board and the applicant is required to submit the same or similar
                   information to another governmental agency having jurisdiction, the applicant may
                   submit such information to the Board in the same format that such information is or
                   will be submitted to such other agency or jurisdiction.
             (6)   The application shall contain the following information with respect to both the
                   construction period and on-line life of the proposed facility:
                (A) The application shall state the name, title, telephone number and post office address of
             the person to whom communication in regard to the application shall be made.
               (B) Copies of the Fiscal Impact Analysis.
               (C) The proposed Fiscal Impact Mitigation Program. (A. 82-318)
5.08.09.02   Applicability
          Upon agreement between the applicant and the Board, any pending land use application for a
          Major Project shall be subject to the provisions of these regulations. All time limits in this
          Section 5.08 are in addition to any other provided for in this Zoning Resolution. (A. 82-318)
5.08.10   Major Project Land Use Permit Decision
          Within thirty (30) days after the conclusion of the public hearings on the land use permit, the
          Board shall make findings upon all issues raised during the review and hearing process and
          render its decision, either granting or denying a land use permit based upon the application as
          filed, or granting it upon such terms, conditions or modifications as the Board may deem
          appropriate. (A. 82-318)
5.08.11   Enforcement
          The above mitigation program as outlined in Section 5.08.07 shall be a condition of the
          issuance of the land use permit for the project.
          Upon being advised of an alleged violation of any condition of any permit issued by or on
          behalf of the Board, the Board may direct the county staff to investigate the alleged violation
          and prepare a written report for the Board and the permittee. If the report indicates that a
          violation is probable, the Board may establish a time for consideration of the alleged
          violation, upon not less than ten (10) days' notice to the party engaging in the activity under
          such permit, at which hearing the Board may consider whether a violation of the conditions
          of the permit has occurred. The major project permittee shall have the right of discovery in
          accordance with Colorado Rules of Civil Procedure in such proceedings, and to present
          information and respond to allegations. After the hearing, if the Board determines that a
          violation has occurred, the Board may suspend the permit until such violation is corrected or
          measures taken to prevent a recurrence of the violation, or if the violation is determined to be
          continuing or likely to recur and to endanger the safety or welfare of the residents or property
          of residents in the county, the Board may terminate the subject permit. (A. 82-318)
5.09      AFFORDABLE HOUSING REGULATIONS

5.09.01   Findings of the Supplementary Regulations
          It is essential and necessary for the preservation and for the maintenance of the health,
          welfare, safety, and quality of life in Garfield County to ensure the provision of affordable
          housing, which mitigates the impact of new development. Recognizing that new
          development generates additional employment needs, and being consistent with a desire to
          have new development mitigate impacts attributable to such development, the County
          finds it necessary to require new development to provide affordable housing. Housing
          must be affordable to the local labor force in order for the local economy to remain stable
          and to grow in a healthy manner.

5.09.02   Purpose (2001-44)
          The purpose of this Section is to implement through regulation the Housing Goals,
          Objectives, Policies, and Programs of the Garfield County Comprehensive Plan for Study
          Area One including the following statement: "To provide all types of housing that ensures
          current and future residents equitable housing opportunities which are designed to provide
          safe, efficient residential structures that are compatible with and that protect the natural
          environment”.

          The Garfield County land use review process will consider the housing needs of all
          economic segments of the community, and will assure that the impacts of new
          development will be mitigated, to the extent feasible, to assure an adequate affordable
          housing supply in the County. While the County recognizes that affordable housing is
          most desirable in or adjacent to towns, new developments throughout the unincorporated
          county are creating demands for workers in construction, maintenance, services, and retail
          sales.

5.09.03   General

          This Section applies to all re-zone applications for an increase in residential zoning density
          in the Garfield County Comprehensive Plan’s Study Area I.

5.09.04   Definitions

          For the purpose of this section of the Zoning Resolution, affordable housing is defined as
          resident-occupied housing units, the sale or rental of which units have been limited to
          specific segments of the market with permanent affordability insured through appreciation
          rates controlled by deed restriction or another legally-binding mechanism approved by the
          Board of County Commissions.

          For the purpose of this section of the Zoning Resolution, unit is defined as a building used
          for residential occupancy which meets current County Building Code, not classified as a
          mobile home, and which contains one (1) complete kitchen, at least one (1) complete
          bathroom, at least one (1) living area, and from one (1) to six (6) bedrooms which is to be
          occupied by a single family living independently of any other family.
          (1) Eligibility - Affordable housing units will be made available to full-time residents
          and/or employees in Garfield County who have a cumulative net worth, minus qualified
          retirement assets, not in excess of $100,000.00 and who satisfy the income criteria set
          forth in the Garfield County Affordable Housing Guidelines. A full time resident is one
          who will live at least ten months a year in the affordable unit. A full time employee is one
          who works or will work at least 32 hours per week for a Garfield County based
          employment source. A person who has been recruited to work for a Garfield County
          based employment source must produce evidence of an offer of future employment.
          Priority will be given to Garfield County employees.

          (2) Resale - Resale of affordable housing units will not exceed the purchase price plus, the
          value of capital improvements authorized by the Housing Authority, and the annual
          percentage increase in the annual Denver/ Boulder Urban Wage Earners CPI or 3%,
          whichever is less. Affordable housing units will have a deed restriction carried with the
          title, which will regulate future sales based on residency/employment requirements, asset
          limitations, and appreciation rates.

          (3) Management - Ongoing management of the deed restrictions will be administered by
          the Garfield County Housing Authority, or by appointment of another approved housing
          agency, if the Authority is no longer able to provide such services, according to an
          agreement brought forward by the applicant and approved by the County Commission.
          That agreement will also stipulate the means of determining the allocation of units, any
          proposed fees to fund the management agreement, and any other necessary terms. The
          agreement will be adopted as part of the preliminary plan.
             The County will maintain a list of approved housing agencies in the Planning Director's
             office.

5.09.05      Requirements
             In order to fulfill the goals of the Comprehensive Plan while directing growth into the
             areas designated in that plan, requirements will be based on Proposed Land Use Districts
             from the Comprehensive Plan.

5.09.05.01   For Lands Designated High Density Residential:

             (1) Re-zones - All re-zone proposals for an increase in residential zoning density must
                 provide that at least 10% of the units build able under the original maximum density
                 to the total number of approved units must be affordable housing units.

             (2) Off-site - Given that these lands have been planned for two or less acres per dwelling
             unit, these are the locations most suited for affordable housing units. Off-site proposals
             will only be approved by the County Commissioners if the applicant can demonstrate
             circumstances that would justify an off-site option. In any event, the applicant must show
             that the affordable housing units meet the requirements of these regulations and the
             Garfield County Affordable Housing Guidelines, and that these housing units will actually
             be built in Study Area I. No cash-in-lieu payment will be accepted.
5.09.05.02   For Lands With Any Land Use Designation Other Than High Density Residential:
             (1) Re-zones - All re-zone proposals for an increase in residential zoning density must
             provide that at least 10% of the units build able under the original maximum density be
             affordable housing units; and that at least 20% of the units build able as a result of the
             increase in density from the original maximum density to the total number of approved
             units must be affordable housing units.

             (2) Off-site - Given that these lands have been planned for low density, these are not
             always the best locations for affordable housing units. At the applicant’s request, Garfield
             County will consider off-site affordable housing units. The applicant must show that the
             affordable housing units meet the requirements of these regulations and the Garfield
             County Affordable Housing Guidelines, and that these housing units will actually be built
             in study Area I. No cash in lieu payment will be accepted.

             (3) Standards - In accordance with the above stated policy, if the applicant proposed to
             utilized off-site affordable housing, all proposals for the location of off-site affordable
             housing units shall, at the time of Preliminary Plan, be required to demonstrate to the
             satisfaction of Garfield County that:
                      (a) the proposed off-site affordable housing units are located at a site which is
                      within the boundaries of an incorporated town or municipality which is:

                              (i) serviced by publicly owned and publicly maintained water, sewer, and
                              utility infrastructure; and
                              (ii) situated in close proximity, or offer the opportunity for public transit
                              to, the commercial, retail, or business centers of said town or
                             municipality.

                     (b) if the applicant proposes to utilize off-site affordable housing and
                     demonstrates that such housing cannot be located within a municipality or town,
                     then the following shall apply:

                             (i) be located within a zone district allowing greater densities and a
                             greater variety of housing types, which densities and housing types shall
                             be consistent with the location, the construction, and the maintenance of
                             affordable housing units, when compared to the land which is the subject
                             of the requested Re-zoning or PUD; and
                             (ii) be on the whole located substantially closer in proximity to the
                             following categories of facilities and amenities, when compared to the
                             project parcel: public schools; commercial or retail centers; community
                             or public recreational parks and activities; hospital and health care
                             facilities; professional services; and public services, including fire, police,
                             and emergency services;
                             (iii) be serviced by centralized domestic water and sewer systems at a
                             cost which Garfield County shall determine is consistent with the


                             definition of affordability herein; and
                             (iv) not be subject to any special assessments or charges for the upkeep
                             of community facilities or amenities which Garfield County determines is
                             inconsistent with the definition of affordability herein.

                     (c) the applicant proposing off-site affordable housing units must submit, with the
                     Preliminary Plan application to subdivide, evidence that the developer has:
                              (i) completed all preliminary site design and planning;

                             (ii) submitted for preliminary plan review the development design
                             proposal; and

                             (iii)provided all forms of deed restrictions on both the lots and their units.

                     (d) At the time of Preliminary Plan, and consistent with the provisions set forth in
                     Sections 4.07.15.03 and 5.09.05.03, all proposals for the location and the
                     construction of off-site affordable housing units shall contain a method or a
                     procedure acceptable to the County to ensure that the proposed off-site affordable
                     housing units are available for sale pro rata with the sale of the lots contained
                     within the project parcel. Said proportion of affordable housing units to the
                     project parcel units shall be determined in accordance with the formulas set forth
                     in Section 4.07.15.01 and 5.09.05.01.

5.09.05.03   Computation of Required Affordable Housing Units and Mix of Housing Units:
             (1) Determination of Number of Units - To comply with the requirement to provide the
             above percentages of affordable housing units, the applicant shall multiply the number of
           affordable housing units required by 2.6 (the average number of persons in a household)
           and divide the result by 1.5 (the U. S. Department of Housing and Urban Development
           criteria of number of persons per bedroom). The figure derived from this formula shall be
           the minimum number of bedrooms, which the applicant must build in affordable housing
           units. The mix of affordable housing types will be decided by the applicant. Any
           proposal for an affordable housing unit with more than 3 bedrooms may be approved, but
           only after a special review to determine a need.

           (2) Determination of the Mix of Units - The mix of affordable housing units for purchase
           shall average a price affordable to households at 80% of the Area Median Income (AMI),
           as determined by the U.S. Department of Housing and Urban Development (HUD) and
           published annually. The affordable price will be calculated based on principal, interest,
           taxes, insurance, and homeowner association dues not to exceed 33% of gross household
           income. The calculation will assume a 95% loan-to-value, 30-year mortgage at prevailing
           interest rates. The average may be achieved by providing housing units affordable to
           households between 81% and 120% of the AMI in combination with units affordable to
           households between 60% and 80% percent of the AMI.

           Any fractional affordable housing units created by the above formulas will be rounded up
           to the next highest number. The applicant, at the time of submittal, must present for
           review the proposed location of the affordable housing units, the proposed mix to satisfy
           the above formulas, all documents necessary to comply with this regulation, the Garfield
           County Affordable Housing Guidelines, and a proposed schedule of when the affordable
           housing units will be constructed and completed in relation to the entire project.

           It is the intent of these regulations that affordable housing units for sale are built and
           available for sale at the same time that the other houses are available for sale. The county
           may require of the applicant security in a reasonable amount to insure that the affordable
           housing units are constructed or some other requirement such as issuing building permits
           for ten free market houses only after the issuance of a building permit for one affordable
           housing unit. The applicant must satisfactorily demonstrate that she/he understands and
           will comply with these regulations and the Garfield County Affordable Housing
           Guidelines.

5.10      GARFIELD COUNTY AFFORDABLE HOUSING GUIDELINES
5.10.01    Purchasing, or Selling Affordable Housing Units - Qualifications to Rent or to Purchase
           Affordable Housing Units
           (1) Qualification Criteria

           To qualify for and be eligible to rent or purchase an affordable housing unit, a person must
           meet the following criteria:
(a)   employed full time or reside full time in Garfield County, or have an offer of
      future employment from a Garfield County based employer; a person is
      employed full time if the person works or will work at least 32 hours per
      week for a Garfield County based employment source; a full time resident is
      a person who lives in Garfield County ten months or more out of each year
      and will occupy the affordable house ten months or more out of each year;
      priority will be given to employees or future employees of a Garfield County
      based employer, which is an employer or business having a business
      office, store or facility located in Garfield County at which the
      employee reports to work or from which the employee is
      compensated, whether or not the work is performed in Garfield
      County.

(b)   occupy the unit as a primary residence upon purchase or rental of
      the unit; and

(c)   have a current household net worth, minus qualified retirement
      assets, not in excess of $100,000.00; if a person owns real estate, the
      value of the real estate will be based on the current market value
      minus the loan amount balance; only those persons earning 80% or
      less of the Area Median Income [AMI], as determined by the U.S.
      Department of Housing and Urban development and published
      annually, may qualify to purchase a house which has been priced
      based on 60% to 80% of AMI; those persons earning between
      greater than 80% and 120% of AMI may only qualify to purchase
      those affordable housing units which have been priced based on
      greater than 80% to 120% of AMI; those persons earning between
      greater than 120% and up to 165% of AMI may only qualify to
      purchase those affordable housing units which have been priced
      based on greater than 120% to 165% of AMI; income includes but is
      not limited to salaries, wages, commissions, severance pay, royalties,
      rents, trust income, annuities, capital gains, pensions, retirement
      benefits, payments received as an independent contractor for labor
      or services, bonuses, tips, overtime pay, dividends, gambling
      proceeds, moneys drawn by a self-employed individual for personal
      use, social security benefits, worker's compensation benefits,
      unemployment insurance benefits, disability insurance benefits,
      funds payable from any health, accident, or casualty insurance to the
      extent that such insurance replaces wages or provides income in lieu
      of wages, monetary gifts, monetary prizes, taxable distributions from
      partnerships or corporations and alimony; a person who is not
      divorced but is separated from the person's spouse may exclude the
      spouse's income but only if the couple intends to permanently live
                 separate and apart; a divorced parent who has parenting time with
                 his children but with whom the children do not primarily reside may
                 claim a household which includes the children. (2002-39)

(2) Non-Qualification
If the Garfield County Housing Authority determines that an applicant does not meet the
criteria for qualification for an affordable housing unit, the Housing Authority will
promptly provide the applicant with a written notice of the determination. The notice will
contain a brief statement of the reason(s) for the decision, and will state that the applicant
may request a review of the decision by following the grievance process described in
Section Eleven of these guidelines.

(3) Eligibility and Priorities

Eligibility for affordable housing will be made without regard to race, color, creed,
religion, sex, handicap, disability, national origin, familial status, or marital status.

        (a) All complete applications will be assigned by the Housing Authority to one of
        two Priority Categories:

                 (i) Priority Category One: A prospective owner or renter is an employee
                 of a Garfield County based employer;
        Or:
                 (ii) Priority Category Two: A prospective owner or renter is a resident of
                 Garfield County.

        (b) If the application of a prospective owner or renter falls into both of the
        Priority Categories One and Two, that application shall be considered to be in
        Priority Category One. If an application does not meet the criteria of either
        Priority Category, that applicant shall not be eligible for an Affordable Housing
        Unit.

        (c) All completed and verified applications shall be placed in the Lottery for
        Affordable Housing.
(4) Lottery
The Garfield County Housing Authority will conduct a lottery for each Affordable
Housing Unit or group of Units as they become available. No waiting list will be
maintained and a new and separate application must be submitted for each newly available
Unit or group of Units.

To assure that the Priorities designated herein are used, the Garfield County Housing
Authority shall conduct the Lottery for available Affordable Housing Units as follows:
        (a) The Lottery shall include all applications which are submitted and complete as
        of the date designated by the Housing Authority.

        (b) All complete applications which fall into Priority Category One shall be
        included in Lottery Round One. Each application, upon being drawn by random
                  selection, shall be assigned a numerical position based upon the order drawn.

                  (c) Following the random drawing and assignment of a numerical position for the
                  applications in Priority Category 1 in Lottery Round One, a separate random
                  drawing, Lottery Round Two, shall be conducted in a similar manner for the
                  applications in Priority Category 2. A numerical position shall be assigned to
                  each application in Lottery Round 2 based upon the order drawn in a random
                  selection.

                  (d) Available Affordable Housing Units and the first choice of an available Unit
                  will be offered to the qualified applicant first drawn in Lottery Round One.
                  Subsequent offers will be made to other qualified applicants in the order drawn in
                  Lottery Round One.

                  (e) Remaining Affordable Housing Units, if any, will be offered to applicants in
                  the order drawn in Lottery Round Two following those in Lottery Round One.

                  (f) The Garfield County Housing Authority shall designate, by appropriate
                  regulation, the length of time an offer of an Affordable Housing Unit shall be
                  available to an applicant before the offer is considered withdrawn or void. If an
                  offer is not accepted by a ready and willing applicant within the designated time,
                  the offer shall be considered withdrawn and an offer to the next sequential
                  qualified applicant, based upon the Lottery, shall be made.

5.10.02   Qualifications to Reside in an Affordable Housing Unit
          To remain eligible to reside in an affordable housing unit, a person must meet the
          following criteria.

          (1) To reside in a rental unit, she/he must meet the requirements of Section 4.14.01(1),
          (2), and (3); and

          (2) Units for Purchase

                  (a) To reside in a purchase unit, she/he must meet the requirements of Section
                      4.14.01(1) and (2).

                  (b) All sales of affordable housing units must occur pursuant to these regulations.

5.10.03   How to Qualify for Affordable Housing Unit (Rental or Purchase)

          (1) Initial Qualification

          In order to determine that a person or a household desiring to purchase an affordable
          housing unit meets all of the criteria set forth in Section I above, the Garfield County
          Housing Authority may request any combination, or all, of the documentation listed below
          as proof of residency, income, assets, and employment (with the provision that all
          information and documentation is considered confidential).
                  (a) Federal income tax returns for the last two-(2) years (for prospective
                      purchasers). Prospective purchasers must also furnish a current income
                      statement and a current financial statement, in a form acceptable to the
                      Garfield County Housing Authority, verified by the applicant to be true and
                      correct, or other documentation acceptable to the Housing Authority. When
                      current income is twenty (20%) percent, more or less, than income reported
                      on tax returns, then the applicant’s income will be averaged based upon the
                      current income and the previous year’s tax returns to establish an income
                      category for the purpose of purchasing or of renting an affordable housing
                      unit.

                  (b) Verification of employment or offer of employment in Garfield County (i.e.,
                      wage stubs, employer name, address, and phone number), plus evidence of
                      legal residency (or I.N.S. Form 1-9, Employment Eligibility Verification) or
                      other appropriate documentation as requested by the Garfield County Housing
                      Authority.

                  (c) Landlord verification (proof of residency, physical address).

                  (d) Copy of valid Colorado Driver’s License.
                  (e) Verification of telephone service (date of installation, person listed to).

                  (f) Vehicle registration.

                  (g) Voter registration.

                  (h) Any other documentation which the Garfield County Housing Authority
                      deems necessary to make a determination.

                  (i) Divorce or Support Decree. If you receive any sort of alimony or child
                      support, a copy of the decree must indicate that it has been entered of record;
                      and all exhibits and supplements must be attached.

                  (j) Current credit report.

          (2) Additional Qualifications for Purchasers of an Affordable Housing Unit:
          The applicant desiring to purchase an affordable housing unit will be required to sign a
          release so that the Garfield County Housing Authority can obtain a copy of the completed
          loan application submitted to the lender.

5.10.04   Procedures for Initial Purchase and for Resale of an Affordable Housing Unit
          (1) Listing the Affordable Housing Unit with the Garfield County Housing Authority -
          Staff Duties:
                  (a) Initial sales of affordable housing units will be the responsibility of the
                       developer. The purchase price, deed restriction, qualification of buyer, and all
                       other aspects of the sale must comply with the Garfield County Affordable
            Housing Regulations and with these Guidelines.

        (b) After the initial sale of an affordable housing unit, any subsequent owner of
            an affordable housing unit desiring to sell must consult with the Garfield
            County Housing Authority and review the Deed Restriction covering the
            housing unit to determine the maximum sales price permitted and other
            applicable provisions concerning a sale. Unless otherwise provided in the
            Deed Restriction, the affordable housing unit must be listed for sale with the
            Garfield County Housing Authority. The Housing Authority staff will
            administer the sale in accordance with the Guidelines in effect at the time of
            the listing. There shall be a minimum listing period of three months before an
            affordable housing unit’s price can be readjusted. Any termination in the
            listing may require the payment of administrative and of advertising costs.

        (c) Prospective purchasers will register in person at the housing authority office.

        (d) These Guidelines are intended to assure that all purchasers and all sellers will
            be treated fairly and impartially. Questions will be answered and help will be
            provided equally to any potential purchasers or sellers in accordance with the
            current Guidelines. Listings, sales contracts, extensions to contracts, and
            closing documents will be prepared; and all actions necessary to consummate
            the sale shall be undertaken.

        (e) In pursuit of the above, the Garfield County Housing Authority staff will be
            acting on behalf of the Housing Authority. It should be clearly understood by
            and between all parties to a sales transaction that the staff members are not
            acting as licensed brokers to the transaction, but as representatives of the
            Garfield County Housing Authority and its interests. They shall nevertheless
            attempt to help both parties to consummate a fair and an equitable sale in
            accordance with the current Guidelines.

       (f) All purchasers and sellers are advised to consult legal counsel regarding
            examination of the title and all of the contracts, agreements, and title
            documents. The retention of counsel, licensed real estate brokers, or such
            related services, shall be at a purchaser’s or seller’s own expense. The fees
            paid to the Garfield County Housing Authority are to be paid regardless of
            any actions or services that the purchaser or seller may undertake or acquire.
(2) Advertising For Resale
       (a) After an affordable housing unit is listed for sale with the Garfield County
            Housing Authority, the Housing Authority will arrange to advertise the unit
            for sale. Pricing for the resale unit will be consistent with the deed restriction
            appreciation caps.

        (b) Prospective purchasers are encouraged to investigate sources of financing
            prior to submitting an offer for an affordable housing unit and can obtain
            names of lenders from the Housing Office.
(3) Sales And Other Fees
        (a) Sales Fees

               (i) Unless otherwise set forth in the Deed Restrictions covering the
                   affordable housing unit, at the closing of the sale, the seller will pay
                   the Garfield County Housing Authority a sales fee equal to two and
                   one-quarter (2 1/4%) percent of the sales price. The Garfield County
                   Housing Authority may instruct the Title Company to pay the fees to
                   the Housing Authority out of the funds held for the seller at the
                   closing.

                   Unless otherwise specified in the Deed Restriction, a one-half (1/2%)
                   percent fee is paid by the seller at the time of listing, which is applied
                   to the total sales fee payable at closing. In the event that the seller
                   fails to perform under the listing contract, rejects all offers at the
                   maximum price in cash or in cash-equivalent terms, or should
                   withdraw the listing after advertising has commenced, that portion of
                   the fee will not be refunded. In the event that the seller withdraws for
                   failure of any bids to be received at the maximum price or with
                   acceptable terms, the advertising and the administrative costs incurred
                   by the Garfield County Housing Authority shall be deducted from the
                   fee, with the balance credited to the owner’s sales fee when the
                   affordable housing unit is sold.

       (b) Other Fees
              (i) Unless otherwise set forth in the Deed Restriction covering the unit,
                  upon the initial sale, resale, or refinancing of the affordable housing
                  unit where FNMA-type financing provisions are used (the use of
                  which shall be at the sole discretion of the Garfield County Housing
                  Authority), there shall be a one-quarter (1/4%) percent fee charged by
                  the Housing Authority. The fee shall be paid by the mortgagor, based
                  on the amount of the mortgage, paid for each mortgage transaction,
                  and deposited in the Garfield County Housing Authority mortgage
                  reserve fund account. The purchaser of the affordable housing unit
                  shall also pay the fee based on their mortgage, as set forth above.

               (ii) If the fee is paid on an affordable housing unit, and the housing unit
                    is subsequently refinanced, the fee shall only apply to that amount of
                    the refinanced mortgage greater than the initial mortgage upon which
                    the fee was initially collected. FNMA-type financing provisions are
                    those, which provide, among other things, for the removal of the
                    Deed Restriction on the unit upon foreclosure of the mortgage if the
                    Garfield County Housing Authority, the City, or the County does not
                    exercise their option to purchase the affordable housing unit within a
                    specified time following the foreclosure. If FNMA-type financing
                    provisions are not used by the mortgagor, no fee shall be charged by
                    the Garfield County Housing Authority. The amount and the
                              adequacy of the fee and the mortgage reserve fund shall be reviewed
                              annually as part of the review of the Guidelines.

          (4) Deed Restriction
          The purchaser must execute concurrent with the closing of the sale, in a form satisfactory
          to the Garfield County Housing Authority and to the Garfield County Clerk for recording,
          a document acknowledging the purchaser’s agreement to be bound by the recorded Deed
          Restriction covering the sale of the affordable housing unit.

          (5) Additional Information: Co-ownership and co-signing

                  (a) Any co-ownership interest, other than joint tenancy or tenancy-in-common,
                      must be approved by the Garfield County Housing Authority.

                  (b) Co-signors may be approved for ownership of the affordable housing unit, but
                      shall not occupy the unit unless qualified by the Garfield County Housing
                      Authority.
                  (c) Rentals
                          (i) If an affordable housing unit is listed for sale, and the owner must
                               relocate to another area, the housing unit may, upon approval of the
                               Garfield County Housing Authority, be rented to a qualified
                               individual, in accordance with the Guidelines, for a maximum period
                               of two (2) years. Notice of such intent, and the ability to comment,
                               shall be provided to any applicable homeowner’s association at the
                               time of request to the Garfield County Housing Authority. A letter
                               must be sent to the Garfield County Housing Authority requesting
                               permission to rent the affordable housing unit until the unit is sold. A
                               minimum six (6) months written lease must be provided to the tenant,
                               with a sixty (60) day move out clause, upon notification when the unit
                               is sold. All tenants must be qualified by the Garfield County Housing
                               Authority.

                          (ii) The affordable housing unit must be leased for the terms set forth in
                               the Deed Restriction on the unit or, if there are no such provisions in
                               the Deed Restriction, upon terms approved by the Garfield County
                               Housing Authority. Prior to the Garfield County Housing Authority’s
                               qualification of a tenant, the tenant shall acknowledge, as part of the
                               lease, that the tenant has received, read, and understands the
                               homeowners’ association covenants, rules, and regulations for the
                               affordable housing unit and shall abide by them. Enforcement of the
                               covenants, rules, and regulations shall be the responsibility of the
                               homeowners’ association. A copy of the executed lease shall be
                               furnished by the owner or tenant to the Garfield County Housing
                               Authority and to the homeowner’s association.
5.10.05   Execution of Deed Restrictions by Applicants
          Deed Restrictions must be submitted by the applicant to the Garfield County Housing
          Authority according to the time schedule listed below.
          (1) At the Time of Building Permit

          Prior to issuance of any building permit for a project, the Garfield County Housing
          Authority shall have an approved, executed, and recorded Deed Restriction for the
          required commitment by the applicant. A copy of the recorded Land Use Code Resolution
          and the Deed Restriction shall be sent to the Garfield County Housing Authority.

          (2) At the Time of Certificate of Occupancy

          Prior to the issuance of any Certificate of Occupancy, the Deed Restriction shall be
          amended, if necessary, to reflect the changes approved by the Garfield County Housing
          Authority, which may have occurred during construction or conversion of the affordable
          housing unit (i.e., net livable square footage). In addition, the Deed Restriction shall be
          executed and recorded, with the original returned to the Garfield County Housing
          Authority for their files.
5.10.06   Priorities for Persons Desiring to Purchase an Affordable Housing Unit

          Priorities for persons to purchase an affordable housing unit shall be as listed below.
          (1) Person(s) with a present ownership interest (joint or tenants in common) in the
          affordable housing unit.
          (2) Person(s) chosen by the remaining owner(s) to purchase the interest of another owner.
          Any fractional sales must be approved by Special Review, if not under a court order, due
          to dissolution procedures.
          (3) Spouses or children of current owners including joint custody of the children.

5.10.07   Maximum Vacancy of an Affordable Housing Unit for Rent

          Deed restricted affordable rental units, which are required to be occupied, may be vacant
          between tenancies for a maximum period of forty-five (45) days, unless authorized by the
          Garfield County Housing Authority. If the owner exceeds the forty-five (45) day limit
          without the Garfield County Housing Authority’s approval, the Housing Authority will
          place a qualified tenant, with a minimum six (6) months lease, from the existing waiting
          list.

5.10.08   Leave of Absence for Owners of an Affordable Housing Unit

          (1) Rental During a Leave of Absence

          If an owner of an affordable housing unit must leave Garfield County for a limited period
          of time, and desires to rent the unit during their absence, a leave of absence may be
          granted by the Garfield County Housing Authority for up to one (1) year upon clear and
          convincing evidence which shows a bona fide reason for leaving and a commitment to
          return to the Garfield area. A letter must be sent to the Garfield County Housing
          Authority, at least thirty (30) days prior to leaving, requesting permission to rent the unit
          during their leave of absence. Notice of such intent, and the ability to comment, shall be
          provided to any applicable homeowners’ association at the time of request to the Garfield
                County Housing Authority.

                (2) Extension of a Leave of Absence

                The leave of absence shall be for one (1) year and may, at the discretion of the Garfield
                County Housing Authority, be extended for one (1) year; but in no event shall the leave
                exceed two (2) years. The unit may be rented in accordance with the Garfield County
                Housing Authority’s Guidelines for qualification during the one (1) or two (2) year period,
                so long as the Deed Restriction covering the affordable housing unit permits the rental.

                (3) Establishing the Rental Rate

                In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be
                established at the greater of the owner’s cost, or the rent shall be established in accordance
                with the Affordable Housing Guidelines. The owner’s cost, as used herein, includes the
                monthly mortgage principal and interest payment, plus condominium fees, plus utilities
                remaining in the owner’s name, plus taxes and insurance prorated on a monthly basis, plus
                twenty ($20) dollars per month.

                (4) Covenants, Rules, and Regulations

                Prior to the Garfield County Housing Authority’s qualification of the tenant, the tenant
                shall acknowledge, as part of the lease, that the tenant has received, read, and understands
                the homeowners’ association covenants, rules, and regulations for the affordable housing
                unit and shall abide by them. Enforcement of the covenants, rules, and regulations shall
                be the responsibility of the homeowner’s association. A copy of the executed lease shall
                be furnished by the owner or the tenant to the Garfield County Housing Authority and the
                homeowners’ association. Additionally, an owner may request a one-time, in-county leave
                of absence for one (1) year by Special Review with all of the above conditions applying.

5.10.09         Roommates

                Unless otherwise set forth in the Deed Restriction or covenants of the Homeowners’
                Association covering the affordable housing unit, an owner may rent an affordable
                unit/room so long as the owner continues to reside in the housing unit as a sole and
                exclusive place of residence.

5.10.10         Special Review for 4 to 6 Bedroom Units

                (1) The Garfield County Housing Authority will consider a developer’s proposal for units
                with four, five, or six bedrooms by a Special Review. The Special Review process will
                evaluate the need for the multiple bedroom units based upon the intended family
                composition. The Special Review requires that there must be at least one bedroom of
                appropriate size for every two persons in the family. The following chart shall be applied
                in the request for a Special Review.

          Number of Bedrooms                       Minimum Persons                  Maximum Persons
               0 - studio                                 1                                  2
               1                                          1                                  2
               2                                          2                                  4
               3                                          3                                  6
               4                                          4                                  8
               5                                          5                                  10
               6                                          6                                  12

               (2) The determination of the intended family composition will include the following:
               foster children, live-in attendants, dependents under the age of 23 who are away attending
               school, and family members who are away on military leave or out-of-town business
               assignment.

5.10.11 Grievance Procedures (This Section updated Resol #2004-115)

               A grievance is any dispute that a tenant, potential purchaser or purchaser may have with
               the Garfield County Housing Authority with respect to action or failure to act in
               accordance with the individual tenant’s or purchaser’s rights, duties, welfare, or status. A
               grievance may be presented to the Garfield County Housing Authority Board of Directors
               (herein after referred to as Board) under the following procedures:

           (1) Filing a Grievance

                   (a) Any grievance must be presented in writing to the Garfield County Housing
                       Authority. It shall specify the particular ground(s)     upon which it is based;
                       the action requested; and the name, address, and telephone number of the
                       complainant, and similar information about his/her representative. The grievance
                       must be received by the Garfield County Housing Authority within ten days of the
                       date of the alleged action complained about.

                   (b) Upon presentation of a written grievance, a hearing before the Garfield County
                       Housing Authority Board of Directors shall be scheduled no sooner than four days
                       from the receipt of the grievance and no later than thirty days from the receipt of
                       the grievance. Notice shall be given to the complainant at least two days before
                       the hearing date. Notice may be by first class mail, fax or e-mail. Notice may be
                       accomplished by serving the complainant’s attorney.

                   (c) The complainant shall have the opportunity before the hearing, and at the
                       complainant’s expense to examine and copy all documents and regulations of the
                       Garfield County Housing Authority that are relevant to the hearing.

                   (d) The complainant may be represented by council at their own expense.

                   (e) If a determination is made of ineligibility, the unit is the subject of a lottery, and
                       the hearing of a grievance can not be scheduled before the lottery takes place, the
                       complainant’s name may be placed in the appropriate category of the lottery. If
                       the complainant’s name is chosen, then the closing will be postponed until the
                     Garfield County Housing Authority Board of Directors makes a decision on the
                     eligibility of the complainant.

                 (f) All persons submitting an application for eligibility to purchase an affordable
                     housing unit will sign an agreement stating that if they are found ineligible and the
                     decision is later overturned either by administrative or court action, their sole
                     remedy will be participation the lottery for the next available unit in the event the
                     unit originally applied for has been sold.

          (2) Conduct of the Hearing

                 (a) If the complainant fails to appear at the hearing, the Board may postpone the
                     hearing or make a determination based solely upon the written documentation in
                     the file.

                 (b) Evidence may be received without strict compliance with the rules applicable to
                     judicial proceedings. However, the complainant may not present documents at a
                     hearing concerning eligibility which have not been previously submitted and
                     considered by the Garfield County Housing Authority in reaching its decision of
                     ineligibility.

                 (c) Based on the records of proceedings, the Board will provide a written decision
                     within ten days of the hearing and include therein the reasons for its
                     determination.

5.11         GEOLOGIC HAZARD AREAS (Added 2002-98)

             STATEMENT OF PURPOSE
             It is the purpose of this regulation (hereafter Geologic Hazard Regulation) to insure that all
             developments affected by one or more geologic hazards are engineered, developed and
             utilized in a manner that will minimize significant hazards to public health and safety and
             to property.

5.11.01      Applicability of Regulations. This regulation shall apply to all areas within the
             unincorporated area of Garfield County which are or may be affected by a geologic
             hazard.

5.11.02      Compliance Required. If any subdivision, PUD, residential structure, commercial
             structure or any other development is or may be affected by a geologic hazard, compliance
             with the provisions of this Geologic Hazard Regulation shall be required before the
             issuance of any building permit, plat approval or other approval by Garfield County.

5.11.03      Separate Permit Not Required. It is not the intent of this regulation that a separate permit
             be required hereunder. This regulation shall supplement and act in addition to the
             Garfield County Zoning Resolution, the Garfield County Subdivision Regulations, the
             Garfield County Building Code, and other regulations which require the issuance of a
             permit before a development or use of land is allowed. It is the intent of this regulation
          that such permits issued under such other regulations should be denied if the subject
          development fails to comply with the requirements of this regulation.

5.12      DEFINITIONS (Added 2002-98)
          As used in the Geologic Hazard Regulation, the following words and phrases shall have
          the meanings set forth below:

5.12.01   Aspect means the cardinal direction the land surface faces.

5.12.02   Avalanche means a mass of snow or ice and other material which may become
          incorporated therein as such mass moves rapidly down a slope.

5.12.03   Geologic Hazard means a geologic phenomenon which is so adverse to past, current or
          foreseeable construction or land use as to constitute a significant hazard to public health
          and safety or to property. The term includes but is not limited to avalanches, landslides,
          rock falls, mudflows, debris fan, unstable slopes and potentially unstable slopes.

5.12.04   Geologic Hazard Area means an area which contains or is directly affected by a geologic
          hazard.
5.12.05   Ground Subsidence means a process characterized by the downward displacement of
          surface materials caused by natural phenomena such as removal of underground fluids,
          natural consolidation, or dissolution of underground minerals or by man-made phenomena
          such as underground mining.
5.12.06   Landslide means the rapid downward movement of a mass of earth or rocks on a steep
          slope. The term includes earth flow, debris flow and rock slides.

5.12.07   Landslide Area means an area with demonstrably active mass movement or rock and soil
          where there is a distinct surface rupture or zone of weakness which separates the landslide
          material from more stable underlying material.

5.12.08   Mudflow means a flowing mass of predominantly fine-grain earth material possessing a
          high degree of fluidity during movement.

5.12.09   Mudflow/debris Fan Area shall mean an area subject to rapid mud and debris movement
          or deposit occurring after mobilization by heavy rainfall or snowmelt runoff. Such area is
          formed by successive episodes of deposition of mud and debris.

5.12.10   Potentially Unstable Slope shall mean any slope with most of the physical attributes of an
          unstable slope but where past or present slope failure is not apparent. Unstable or
          potentially unstable slope means an area susceptible to a landslide, a mudflow, a rock fall,
          or accelerated creep of slope-forming materials.

5.12.11   Radioactivity means a condition related to various types of radiation emitted by natural
          radioactive minerals that occur in natural or man made deposits of rock, soil, and water.

5.12.12   Rock fall Area shall mean an area subject to rapid, intermittent, nearly unpredictable
          rolling, sliding, bounding or free-falling of large masses of rock, rocks and debris, or
          individual rocks.

5.12.13   Unstable Slope shall mean a slope with landslide/earth flow physiographic, but where
          modern slope movement is not apparent or is uncertain. Such area may have undergone
          slope movement in recent geologic past and may be susceptible to landslide, mudflow,
          rock fall or accelerated creep of slope-forming materials.
5.13      UTILIZATION OF MAPS (Added 2002-98)
5.13.01   Adoption of Official Maps. The county commissioners may, after public hearing and
          recommendation from the commission, adopt maps prepared by a professional geologist
          showing the location of geologic hazard areas. Such maps must show boundary lines of
          areas that are or may be affected by one or more geologic hazards. Such maps must also
          identify the type of geologic hazard which affects or may affect the designated area.
5.13.02   Significance of Maps. If a development is proposed to be located in an area covered by a
          map adopted pursuant to section 5.13.01 and such map shows that the proposed
          development is or may be affected by a geologic hazard, the provisions of this regulation
          must be met. If the maps show that the proposed development is not affected by a
          geologic hazard, the applicant shall not be required to submit the information required by
          this geologic hazard regulation unless such information is required by some other duly
          adopted regulation or ordinance of Garfield County.
5.13.03   Areas Not Mapped. Each development that is located in an area not contained within an
          officially adopted map must provide an initial geologic report described in section 5.14 of
          this regulation.
5.14      SUBMISSION REQUIREMENTS (Added 2002-98)

5.14.01   Initial Geologic Report. Unless exempted pursuant to the provisions of section 5.14.09
          any person proposing a development in an area that does not lie within the boundaries of a
          subdivision lot approved pursuant to the Garfield County Subdivision Regulations
          adopted April 23, 1984 shall submit an initial geologic report. Such report shall be in
          addition to any other reports, information, applications, or other material required by the
          Garfield County Zoning Resolution, Subdivision Regulation, Building Code, or other land
          use regulation. Such report shall describe the professional qualifications of the author and
          state that the author has examined the site in order to determine whether the site may be, is
          or is not affected by a geologic hazard. The report shall also contain the conclusion
          reached after such inspection.

5.14.02   Additional Submission Requirements - Avalanche Areas. Application for development in
          an avalanche hazard area shall also include the following information or data:
          (1)     location of buildings
          (2)     building type, arrangement and proportion
          (3)     building stability and strength
          (4)     the extent of the run out zone
          (5)     estimated maximum impact pressure distribution within the run out zone
          (6)     type of avalanche reaching various parts of the run out zone
          (7)     estimated avalanche frequency
          (8)     avalanche discharge
          (9)     avalanche flow depth
          (10)    summary of the information noted above on a map with a scale of one (1) inch
                  equals fifty (50) feet or larger with accurate topographic details
          (11)    report which presents the necessary explanatory text, data tabulation and other
                  information essential for further work or governmental review; a report or
                  discussion of past occurrences of avalanches, including approximate dates and
                  descriptions of known avalanches and evidence of past avalanches such as
                  downed trees, areas of debris deposit and structure damage
          (12)    a description, design, or discussion of the method or methods by which the
                  adverse impact of the geologic hazard can or will be subsequently mitigated if the
                  proposed development is constructed; such information may be submitted in
                  phases if the proposed development is a subdivision and the subdivision
                  regulations permit design detail to be submitted at a later stage; the determination
                  as to whether or not proposed mitigation techniques are adequate shall rest with
                  Garfield County; artificial release of an avalanche by explosive or artillery shall
                  not be considered an acceptable mitigation technique for developments involving
                  human occupancy

5.14.03   Additional Submission Requirements - Landslide Areas. Application for development in a
          landslide hazard area shall also include the following information or data:
          (1)     type of landslide/earth flow
          (2)     rate of movement
          (3)     volume of material involved in the landslide/earth flow
          (4)     mechanism(s) responsible for initiation and movement
          (5)     slope gradient
          (6)     location of buildings
          (7)     building type, arrangement, and proportion
          (8)     grading plan which portrays the original or existing configuration of the surface of
                  the land in question, as well as the proposed or
                  as-constructed configuration of the subsurface
          (9)     surface and subsurface drainage
          (10)    recommended design and construction procedures
          (11)    summary of the information noted above on a map with a scale of one (1) inch
                  equals fifty (50) feet or larger with accurate topographic details
          (12)    report which presents the necessary explanatory text, data tabulation, and other
                  information essential for further work or governmental review; the report shall
                  also discuss past occurrences of landslides, including, if known, historical reports
                  or movement and damage or surface change resulting from such movement
          (13)    a description, design, or discussion of the method or methods by which the
                  adverse impact of the geologic hazard can or will be subsequently mitigated if the
                  proposed development is constructed; such information may be submitted in
                  phases if the proposed development is a subdivision and the subdivision
                  regulations permit design detail to be submitted at a later stage; the determination
                  as to whether or not proposed mitigation techniques are adequate shall rest with
                  Garfield County

5.14.04   Additional Submission Requirements - Rock fall Areas. Application for development in a
          rock fall hazard area shall also include the following information or data:
          (1)      detailed description of type of rock fall involved and an estimate of the frequency
                  of rock fall
          (2)     slope, gradient on and adjacent to the site
          (3)     aspect
          (4)     climatological data regarding freeze/thaw cycle
          (5)     jointing data with special consideration given to water percolation
          (6)     specific rock types involved
          (7)     talus or colluvial slopes adjacent to the rock fall hazard zone
          (8)      causes of rock fall in the designated area including, but not limited to, removal of
                  support, ground shaking, ice wedging and jointing
          (9)     summary of the information noted above on a map with a scale of one (1) inch
                  equals fifty (50) feet or larger with accurate topographic details
          (10)    report which presents the necessary explanatory text, data tabulation and other
                  information essential for further work or governmental review; a discussion of
                  known past occurrences of rock fall, including date, frequency, and size
          (11)    a description, design or discussion of the method or methods by which the adverse
                  impact of the geologic hazard can or will be subsequently mitigated if the
                  proposed development is constructed; such information may be submitted in
                  phases if the proposed development is a subdivision and the subdivision
                  regulations permit design detail to be submitted at a later stage; the determination
                  as to whether or not proposed mitigation techniques are adequate shall rest with
                  Garfield County

5.14.05   Additional Submission Requirements - Mudflow or Debris Fan Areas. Applications for
          development in a area subject to a mudflow or in a debris fan area shall also include the
          following information or data
          (1)     drainage basin study including all stream channels upstream from the site
          (2)     sediment yield study with data regarding surficial materials, vegetative cover,
                  topography, and erosion potential of areas upstream from the site
          (3)     climatological data including precipitation data for the ten (10), twenty-five (25)
                  and one-hundred (100) year storms, and snowmelt runoff characteristics
          (4)     geologic map with topography overlay showing mudflow deposits
          (5)     estimated volume and mass of potential mudflows that may impact the site
          (6)     summary of the information noted above on a map with a scale of one (1) inch
                  equals fifty (50) feet or larger with accurate topographic details
          (7)     report which presents the necessary explanatory text, data tabulation and other
                  information essential for further work or governmental review; a report which
                  discusses past occurrences of mudflows, including, if known, date, depth,
                  velocity, and duration; the report should also discuss evidence of recent mudflow
                  activities, such as buried vegetation and buried fence posts
          (8)     A description, design, or discussion of the method or methods by which the
                  adverse impact of the geologic hazard can or will be subsequently mitigated if the
                  proposed development is constructed; such information may be submitted in
                  phases if the proposed development is a subdivision and the subdivision
                  regulations permit design detail to be submitted at a later stage; the determination
                  as to whether or not proposed mitigation techniques are adequate shall rest with
                  Garfield County
5.14.06   Additional Submission Requirements - Unstable Slopes. Applications for development in
          an unstable or potentially unstable slope area shall also include the following information
          or data:
          (1)      past occurrences of landslides, earth flows, mudflows, rock falls and surficial
                   creep on the site and adjacent areas
          (2)      rate of movement of the surficial materials
          (3)      summary of the information noted above on a map with a scale of one (1) inch
                   equals fifty (50) feet or larger with accurate topographic details
          (4)      report which presents the necessary explanatory text, data tabulation, and other
                   information essential for further work or governmental review
          (5)      a description, design, or discussion of the method or methods by which the
                   adverse impact of the geologic hazard can or will be subsequently mitigated if the
                   proposed development is constructed; such information may be submitted in
                   phases if the proposed development is a subdivision and the subdivision
                   regulations permit design detail to be submitted at a later stage; the determination
                   as to whether or not proposed mitigation techniques are adequate shall rest with
                   Garfield County

5.14.07   Additional Submission Requirements - Radioactive Hazard Area. Application for
          development in radioactive hazard areas shall also include the following information or
          data:
          (1)    geologic map showing concentrations of radioactive minerals or radioactive
                 deposits.
          (2)    map and description showing mine dumps, tailings piles, and/or mines on the
                 development site and adjacent areas, if any, where radioactive minerals have been
                 mined
          (3)    data regarding radioactive content of soils and water on the site
          (4)    summary of the information noted above on a map with a scale of 1" = 50' or
                 larger, with accurate topographic details
          (5)    report which presents the necessary explanatory text, data tabulation and other
                 essentials for further governmental review
          (6)    mitigation techniques that will be employed, estimated costs, and documentation
                 of effectiveness of the identified techniques

5.14.08   Additional Submission Requirements - Ground Subsidence Areas. Applications for
          development in a ground subsidence area shall also include the following information or
          data:
          (1)    amount of material removed or materials subject to volume decrease
          (2)    interval between the ground surface and the location of void space or materials
                 subject to volume decrease
          (3)    in poorly consolidated aquifers, the effect of pore fluid withdrawal
          (4)    in wind deposited silt (loess) areas, and areas of predominantly fine-grained
                 colluvial soils, the amount of wetting the area is subjected to and its effect
          (5)    in areas of soluble materials, the effect of wetting
          (6)    in areas of underground mining, data regarding air shafts, haulage ways, adits,
                 faults, rooms and pillars, and final mine maps
          (7)    building locations
          (8)     building type, arrangement, and proportion
          (9)     pertinent historic, geologic, and hydrologic factors of the area
          (10)    logs of wells which were spaced according to the geologic conditions of the site
                  and the character of the surface land use
          (11)    summary of the information noted above on a map with a scale of 1" = 50' or
                  larger with accurate topographic details
          (12)    a report which presents the necessary explanatory text, data tabulation, and other
                  essentials for further governmental review
          (13)    mitigation techniques that will be employed, estimated cost and documentation of
                  previous effectiveness
          (14)    past occurrences of ground subsidence at the proposed development site

5.14.09   Waiver of Submission Requirements. Upon receipt of a written request or application, the
          planning director or the building official may grant a waiver of the requirement for an
          initial geologic report if the applicant :
          (1)       has submitted a statement from a professional geologist or engineering geologist
                    stating that the specific site proposed for development, together with associated
                    access roads, is not subject to the hazard indicated on an adopted hazard map or,
          (2)       the building and associated improvements, including access roads and utilities
                    have been designed by a registered professional engineer to avoid or adequately
                    mitigate the hazard. The determination of adequacy shall be made by Garfield
                    County.
          (3)       based upon maps adopted pursuant to section 5.13.01, the site for the proposed
                    building or development is not within a geologic hazard area
          (4)       based upon a site visit and examination the building official or other authorized
                    county official determines that there is no evidence that the proposed development
                    site, together with associated access roads is not in and is not affected by a
                    geologic hazard.

5.15      DEVELOPMENTS IN GEOLOGIC HAZARD AREAS (Added 2002-98)
5.15.01   Development Exempt from this Regulation. The following uses shall be allowed in
          geologic hazard areas or in areas affected by geologic hazards without complying with this
          regulation and without submitting the information required by this regulation:
          (1)      any “use by right” in the A/I agriculture industrial zone that does not involve any
                   building or other structure used or designed for human occupancy
          (2)      any “use by right” in the O/S open space or R/L resource lands zones that do not
                   involve any building or structure used or designed for human occupancy

5.15.02   Development Prohibited.
          (1)    no development shall be allowed if there will be a danger to human life due to the
                 likely affect of the geologic hazard upon such development
          (2)    no development shall be allowed which aggravates or significantly increases the
                 severity of a geologic hazard
          (3)    if the likely effect of a geologic hazard upon a proposed development would be to
                 increase risk to public health or safety or if the likely effect would be a significant
                 loss of or damage to property, such proposed development shall not be allowed
5.15.03   Development Allowed in Geologic Hazard Areas. Even though a proposed development
          is located within or is affected by a geologic hazard, such development may be allowed
          under this regulation if:
          (1)      such use or development is otherwise permitted by the Garfield County Zoning
                   Resolution, Subdivision Regulations, Building Code or other applicable
                   Regulations, and
          (2)      Such use or development involves elements of design, placement, or construction
                   that adequately avoids, corrects, or mitigates the risks and adverse effects of the
                   geologic hazard identified by the process required by this regulation

5.16      GUIDELINES FOR DEVELOPMENT WITHIN GEOLOGIC HAZARD AREAS
          (Added 2002-98)
          Geologic hazard areas vary greatly in size, severity, and activity. Some areas are subject
          to only one geologic hazard, while others are subject to more than one type of hazard. In a
          like manner, developments vary greatly in their size, location, and type of use. It is the
          expectation that any proposed development located in or affected by a geologic hazard
          will, if possible, receive the guidance and assistance of a qualified engineer, geologist, or
          other professional. The guidelines contained in this section are not intended to limit or
          control the work of such professionals. The following guidelines are intended for
          illustration purposes only. Utilization of such techniques, however, is encouraged where
          they are appropriate.

5.16.01   Developments in Avalanche Areas.
          (1)    artificial release of avalanche by explosive control or artillery shall not be
                 considered an acceptable mitigation technique for areas of potential human
                 occupancy
          (2)    structures designed to support the snow in the starting zone may be an acceptable
                 mitigation technique if detailed technical data shows this to be viable
          (3)    structural control in the run out zone may be an acceptable mitigation technique if
                 supported by proper technical evidence; structural control techniques include
                 among others avalanche deflecting and arresting structures and direct protection
                 structures for individual buildings

5.16.02   Guidelines for Development in Landslide Areas. Correction of adverse conditions
          through engineered design and construction may be an acceptable mitigation technique if
          the methods are supported by careful investigation and evaluation by a qualified
          professional engineer or geologist. Such investigation and evaluation must consider the
          physical extent, the seriousness, and the causes of the geologic problems. Correction
          methods may involve among others refraining from removing natural support material in
          the area immediately beneath or adjacent to the slide area; addition of artificial support to
          the area in the form of rock or earth fill buttressing, retaining walls or cribbing, concrete
          slurry, rock bolting and reinforced pilings; permanent improvement and control of surface
          and subsurface drainage; stabilization of the slide area by chemical treatment, bridging
          weak zones, removal of unstable material, and avoidance of loading on unstable areas.

5.16.03   Guidelines for Development in Rock fall Areas. Decrease of a rock fall hazard to an
          acceptable level may be an acceptable mitigation technique if supported by qualified
          technical evidence. Methods may involve, among others:
          (1)     stabilization of rocks by bolting gunite application (cementing), outright removal
                  of unstable rocks (scaling), cribbing or installation of retaining walls
          (2)     slowing or diverting the moving rocks by rock fences, screening, channeling, and
                  dams or by concrete barriers or covered galleries, or
          (3)     installation of physical barriers against rock impact around vulnerable structures

5.16.04   Guidelines for Development in Mudflow Areas. Correction of adverse conditions through
          engineered design and construction may be an acceptable mitigation technique if
          supported by proper technical evidence. This may include channelization, diversion dikes,
          debris cachement basins, special foundations, and other means.

5.16.05   Guidelines for Development of Unstable or Potentially Unstable Slopes. Engineered
          design and construction can be used in areas where instability is moderate and is amenable
          to remedial engineering. Techniques suitable for utilization in landslide areas may also be
          acceptable mitigation techniques in areas of unstable or potentially unstable slopes.
5.21      MASS TRANSIT SUPPLEMENTARY REGULATIONS (Added 2002-12)

5.21.01   Statement of Authority

          Garfield County is a political and legal subdivision of the State of Colorado and pursuant
          to the constitution and laws of Colorado is authorized to exercise land use authority over
          the unincorporated areas of the county.

5.21.02   Statement of Purposes

          The purpose and intent of the regulations contained in this chapter shall be to encourage
          integrated planning to achieve the following:

          (1) to facilitate the administration of site selection of mass transit facilities by establishing
          requirements which must be met before the location or construction of such facilities.

          (2) to ensure that mass transit facilities and areas around mass transit facilities are
          developed in conformance with the Garfield County Comprehensive Plan and any
          applicable municipal master plans adopted under 31-23-206 CRS.

          (3) to ensure that rapid or mass transit facilities are located and areas around mass transit
          facilities are developed in a manner designed to minimize congestion in the streets; to
          promote health and general welfare; to provide adequate light and air; to prevent the over-
          crowding of land; to avoid undue concentration of population; to facilitate the adequate
          provision of transportation and other public requirements.

          (4) to ensure that development around mass transit facilities and activities involving mass
          transit facilities are conducted with reasonable consideration as to impact on adjoining
          lands, the character of the area, and its peculiar suitability for particular uses.

          (5) to conserve the value of existing buildings and property in locating and developing
          areas around mass transit facilities.

          (6) to discourage the location of rapid or mass transit facilities or development around
          mass transit facilities that impose a burden or deprivation on the communities of this
          region.

          (7) to ensure that the location of a rapid or mass transit facility is not prevented solely
          because the location places a burden or deprivation on one local government.

          (8) to ensure that development around rapid or mass transit facilities will not create a
          demand for governmental services beyond the reasonable capacity of the community or
          region to provide such services.

          9) to encourage innovations in residential commercial and industrial development in areas
          around rapid or mass transit facilities so that the growing demands of the population may
          be met by a greater variety of type, design and layout of buildings, and by the more
          efficient use of land and public services.

          (10) to lessen the burden of traffic on streets and highways and to provide for housing
          development conveniently located with respect to mass transit facilities.

5.21.03   Definitions

          In addition to the definitions contained in section 2.02 of this resolution, the following
          words shall have the following meanings for purposes of this supplementary regulation:

          Area around a mass transit facility means an area immediately and directly affected by
          a rapid or mass transit facility, as defined in section 4.01.03.

          Fixed guide way means a transportation facility consisting of a separate right-of-way or
          rail line for the exclusive use of mass transit vehicles.

          Mass transit means a coordinated system of one or more transit modes providing regular
          transportation to the general public including, but not limited to, bus or rapid transit but
          not including charter, school bus or sightseeing transportation.

          Mass transit facility means a station or terminal constructed to provide and facilitate
          passenger access and egress to a mass transit system, fixed guide ways, dedicated highway
          lanes restricted to use by only mass transit vehicles, restricted dedicated flyovers and
          restricted dedicated access to terminals or stations, or highway access and egress facilities
          restricted to use only by mass transit vehicles.

          Mass transit system means a transportation facility providing regular transportation to the
          general public over one or more transit modes including, but not limited to, bus and rapid
          transit but not including charter, school bus or sightseeing transportation.

          Person shall mean any individual, limited liability company, partnership, corporation,
          association, company, or other corporate or public body, including the federal government,
          any federal entity and any political subdivision, agency, instrumentality or corporation of
          the state.

          Rapid transit means the element of a mass transit system involving a mechanical
          conveyance on an exclusive lane or guide way, rail track age, or monorail facility
          constructed solely for that purpose.

          Shelter means a building or structure designed primarily to provide a waiting area for
          transit passengers.

          Site selection means the process for determining the location of mass transit facilities or
          the substantial expansion or relocation of an existing facility, by a recognized and
          bonafide mass transit agency or authority, the county, the state, or the federal government
          or any subdivision of each and, or any private entity or person.

          Station and/or terminal means a facility constructed to provide and facilitate passenger
          access to and from a mass transit system including areas necessary for vehicle operations,
          and parking areas for commuters and roadways connecting to the general road and street
          system of Garfield County. “Stations” shall include any proposed regularly scheduled
          stop or planned optional or seasonal boarding point on a rapid transit system. Dedicated
          Park and Ride facilities with 50 or more parking spaces shall be deemed “stations” for the
          purposes of this Regulation, with or without a shelter facility. Shelters alone, or as part of
          traditional bus stops and pull-outs lacking 50 dedicated spaces, are not considered
          “stations or terminals” for the purposes of these regulations.

          Transportation corridor means any county or municipal street or road, any state or
          federal highway, and any railroad operating as a common carrier.

5.21.04   Permit Required

          (1) No person may locate or expand a mass transit facility in Garfield County without first
          obtaining a permit pursuant to these regulations.

          (2) No person may construct or develop any residential or commercial use in an area
          around a mass transit station or terminal within the unincorporated area of Garfield
          County unless such construction and development is consistent with and pursuant to a
          permit issued under the provisions of this supplementary regulation.

          (3) If access to a proposed residential or commercial development will be gained through
          use of any street, road, traffic lane, or other area constructed by, belonging to or under
          control of the operator of the mass transit station or terminal, or if there is any means
          whereby persons using the mass transit station or terminal can walk or drive or otherwise
          gain direct access to the proposed development, as defined in section 4.01.03 then such
          development shall be called Transit PUD (TPUD) and developed under the provisions of
          these regulations and Section 4.00, inclusive, of the Garfield County Zoning Resolution.
5.21.05   General Submittal Requirements - Mass transit facilities

          It is recognized that mass transit facilities can vary greatly as to their size and impact. It is
          the intent of these regulations to avoid unnecessary submittals but also to require sufficient
          information to permit adequate review in order to determine whether or not a proposed
          rapid or mass transit facility meets the requirements of these regulations. Each application
          for a permit to locate a rapid or mass transit facility in Garfield County shall contain
          twenty (20) copies of the following:

          (1) a completed application form which must be identical to or substantially similar to the
          application form set forth in Appendix A of these regulations

          (2) a base permit fee in the amount of four hundred dollars ($400) together with a written
          acknowledgment that the applicant will be responsible for advancing funds or reimbursing
          the county for all actual costs associated with the processing and review of the application.

          (3) a general narrative description stating whether the proposed facility is a station,
          terminal, fixed guide way or other mass transit facility. The narrative description shall
          give a description of the location of the proposed facility by reference to its relationship to
          any physical features, intersections, towns, or other locations that are generally recognized
          by the citizens of Garfield County.

          (4) one or more maps, at sufficient scale, showing the location of the proposed facilities
          together with proposed or existing transportation corridors, zoning classification and land
          use within 2000 feet.

          (5) evidence that demonstrates that the proposed facility is compatible with the applicable
          county and municipal master plans or comprehensive plans.

5.21.06   Additional Submittal Requirements for Fixed Guide ways

          If the proposed facility is a fixed guide way, the application shall also include a narrative
          description of:

          (1) the type of motive power that will be used to propel transit vehicles along the guide
          way (e.g., diesel electric, electrified third rail, catenary system, etc.)

          (2) the minimum and the optimum width of the right-of-way necessary for the guideway
          together with maps showing the proposed right-of-way including its location within
          incorporated municipalities. Such maps, or supporting documentation referring to the
          maps, shall also indicate the maximum anticipated speed of transit vehicles along the
          various segments of the guideway.

          (3) the minimum and maximum passenger capacity of the transit vehicles that will travel
          on the guideway and the anticipated frequency or scheduling of guideway use.

          (4) the maximum length of any train that will travel upon the guideway with separate
          figures for the length of passenger carrying units and for propulsion units. Self propelled
          units shall be considered as passenger units.

          (5) the maximum proposed grade of the guideway and the maximum curvature. Proposed
          curves in excess of 10 degrees shall be indicated on the map.

          (6) all buildings or other structures that must be removed in order for the proposed
          guideway to be built.

          (7) a narrative description of the methods planned to prevent collisions at points where
          the proposed guideway crosses other transportation corridors.

          (8) such other information as the board may require, including questions relating to
          geology and other natural features, natural hazards, unique cultural features, noise levels,
          safety, costs, and current or anticipated passenger demographics.

5.21.07   Additional Submittal Requirements for Stations and Terminals

          If the proposed facility is a station or a terminal associated with a rapid or mass transit
          system, the application shall also include:

          (1) a description of the type or types of mechanical transit conveyance that will be utilized
          to carry passengers to and from the station or terminal, and a description of the means of
          access to and from the station or terminal including pedestrian, bicycle, automotive, bus,
          carpool, gondolas, lifts, and other intermodal connections either existing or reasonably
          foreseen to be developed in the area.

          (2) an analysis of the passengers which will utilize the proposed facility. Such analysis
          shall be based on the best information available and shall include:

                  (a) whether the passengers will be utilizing the rapid or mass transit system to
                  travel to and from employment or for some other purpose

                  (b) the number of automobiles that the passengers will drive to the station or
                  terminal at or just before any scheduled departure

                  (c) the number of passengers that will likely ride only one way on any given day

                  (d) the number of passengers that can be expected to bring baggage, recreational
                  equipment, tools, or other material

          (3) the anticipated schedule of departures and arrivals at the station or terminal and the
          expected capacity of each transit unit. Separate figures shall be given for peak and off-
          peak hours, weekdays and weekends, and peak and off-peak seasons.

          (4) the maximum length of any train that will serve the station or terminal, excluding
          propulsion units
          (5) basic floor plans and architectural sketches of each proposed building or structure
          together with a site map showing the relative location of each building or structure . Such
          plans and sketches shall show the location and length of platforms to be used to load and
          unload passengers.

          (6) a map of all associated roadways, parking areas and other facilities. Design details
          such as width, layout, traffic flow, pavement markings and traffic control devices shall
          either be illustrated on the map or adequately described in supporting documents.

5.21.08   Submittal Requirements for TPUD Development Around Mass Transit Stations or
          Terminals

          Any applicant seeking to construct or develop within an area around a mass transit station
          or terminal shall submit twenty (20) copies of the following:

          (1) a completed application form which must be identical or substantially similar to the
          application form set forth in the attached Appendix A

          (2) a base permit fee in the amount of four hundred dollars ($400) together with a written
          acknowledgment that the applicant will be responsible for advancing funds or reimbursing
          the county for all actual costs associated with the processing and review of the application

          (3) those materials and that information required by Sections 4.01.08 and 4.08 of the
          Garfield County Zoning Resolution. To the extent that such materials and information
          represent a duplication of materials and information required by this supplementary
          regulation, only one submittal shall be required.

          (4) a written narrative describing the general nature of the proposed development,
          including a description of the location by reference to a planned or constructed mass
          transit station or terminal

          (5) one or more maps at sufficient scale showing the location of the proposed development
          and its relationship to the mass transit station or terminal and the interchanges, streets,
          highways, parking lots, and public facilities which are adjacent to or otherwise form an
          integral part of the operation of the mass transit facility

          (6) evidence that demonstrates the proposed development is compatible with the
          applicable county, municipal, regional, and state master or comprehensive plans

          (7) a narrative description with diagrams, charts, or other descriptive devices, analyzing
          the motor vehicle, bicycle, and pedestrian traffic likely to be generated by the proposed
          development, as opposed to traffic generated by the mass transit facility. Such analysis
          shall include, where possible, numbers and peak times showing the generation of traffic,
          potential congestion, and potential demand for parking generated by non-transit industrial,
          commercial or residential uses and whether such traffic, congestion or parking
          requirements impacts favorably or unfavorably on operation of the mass transit station or
          terminal. The description shall include an analysis of how any commercial and residential
          space is designed to reinforce proximate neighborhood needs and transit utilization, as
          opposed to automobile dependent commercial or residential development.

          (8) diagrams illustrating how the proposed development can be accessed during times of
          peak traffic at the mass transit facility without such access crossing or otherwise
          conflicting with the traffic going to the mass transit facility. Proper design can be
          accomplished by turn lanes or other features of roadway design, but cannot be
          accomplished by any type of traffic signals that would stop traffic going to the mass transit
          facility and associated parking lots.

          (9) a narrative description of any commercial services that will be provided in the
          proposed TPUD and an analysis of how those commercial services will benefit or be
          utilized by persons using the adjacent mass transit facility

          (10) a narrative description of the types of residential uses proposed in the TPUD and a
          description of the price range and market niche proposed for residential units with an
          emphasis on the likelihood of transit use by future residents.

          (11) an analysis of the likely use of the proposed commercial services by people who do
          not use the adjacent mass transit facility, including an analysis of the number of such
          persons, the likely time of day for their use, and the parking areas that will be required by
          them

          (12) maps or diagrams illustrating the pedestrian and bicycle routes that can be utilized to
          gain access between the residential units and the adjacent mass transit facility

5.21.09   Design Standards and Approval Guidelines for Mass Transit Facilities

          The county commissioners shall approve an application for a permit to locate a new mass
          transit facility only if the proposed site selection complies with these regulations and all
          other relevant resolutions, ordinances, and regulations of Garfield County. The permit
          shall be denied if the site selection of a rapid or mass transit facility does not meet all of
          the criteria contained in this section.

          (1) Mass transit facilities must be located in accordance with the Garfield County
          Comprehensive Plan and any applicable municipal master or comprehensive plan, as
          amended from time to time and as augmented by approval, acceptance and incorporation
          by reference of any specific mass transit corridor and site selection plan.

          (2) Activities involving mass transit facilities shall be conducted with reasonable
          consideration as to the character of the area and its peculiar suitability for particular uses.

          (3) Mass transit facilities shall be located so as to conserve the value of buildings at the
          site. Locations of mass transit facilities which will not require the demolition of residences
          or businesses shall be given preferred consideration over competing alternatives which do
          require such demolition.
(4) Mass transit facilities shall be located in a manner that encourages the most
appropriate use of land throughout the affected corridor.

(5) A permit shall not be denied solely because the location of the rapid mass transit
facility places a burden or deprivation on one local government.

(6) A proposed location of a mass transit facility that imposes a deprivation on a local
government cannot be justified on local benefit alone.

(7) Stations, shelters and terminals shall be appropriately located to meet transit needs and
to attract maximum ridership. The length of passenger platforms shall equal or exceed the
maximum length of any train or other conveyance that will load and unload passengers at
the station.

(8) Mass transit facilities shall have adequate and safe ingress and egress for all transit
modes.

(9) The location of fixed guideways shall, wherever practicable, provide for the joint
usage of rights-of-way for trails and bikeways and other such transportation alternatives.

(10) Mass transit facilities shall be designed and located in a manner that will reduce
traffic congestion and resulting air pollution.

(11) Mass transit facilities shall be located and designed so as to minimize noise and to
protect and preserve unique natural and cultural factors and visual amenities.

(12) In determining the minimum right-of-way and corridor alignment for rapid transit,
consideration shall be given to areas needed for snow storage along the guideway.
Guideway design and location shall not permit snow plumes from snow removal
equipment on the guideway to reach the travel surface of a plowed public road except at
intersections, nor shall guideways be placed or designed so that snow plumes from snow
removal equipment on public roads will reach the guideway except at intersections.

(13) The parking areas associated with a terminal or station shall be capable of holding a
number of automobiles that equals the number of passengers expected to ride on peak
periods multiplied by a factor of .75 modified only by sufficient evidence of passenger
loading from other forms of intermodal transfer (such as Amtrack, Tour busses, regional
surface busses, carpools, etc.). The applicant may initially provide a smaller number of
parking spaces if the total area dedicated to potential parking expansion is shown to be
large enough to accommodate the required number of parking spaces and the applicant
provides financial security acceptable to the Board which guarantees that the required
number can be built if actual need is shown after operation begins.

(14) Roadways providing access to a station or terminal and interior circulation routes
shall be designed and constructed to accommodate, during a 15 minute period, the
maximum number of automobiles anticipated to arrive before the scheduled departure of
          the mass transit conveyance without causing congestion on the public road serving the
          facility.

          (15) Safety for vehicles traveling on other transportation corridors shall be provided at
          each point of intersection with a fixed guideway in accordance with the provisions of the
          current “Uniform Manual on Traffic Control Devices “

5.21.10   Design Standards and Approval Guidelines for Development in Mass Transit Areas

          In addition to the standards contained in section 4.07 of this zoning resolution, each
          Transit Planned Unit Development (TPUD) must meet the following standards:

          (1) Each TPUD shall be developed to promote the efficient utilization of the rapid or mass
          transit facility with which it is associated.

          (2) No TPUD shall be approved which will interfere with or cause conflict with the proper
          and efficient utilization and operation of the adjacent rapid or mass transit facility.

          (3) No TPUD shall be approved which will cause congestion on the streets, roads, and
          highways of Garfield County.

          (4) No TPUD shall be approved which will or is likely to create an expansion of the
          demand for governmental services beyond the reasonable capacity of the community to
          provide such services as determined by the Garfield County Board of County
          Commissioners.

5.21.11   Review Procedure for Mass Transit Facilities

          The process for the review of an application for a permit to locate or expand a rapid or
          mass transit facility shall begin when an applicant first submits the information required
          by section 5.11.05 of these regulations. Within thirty days of the receipt of such
          preliminary application, the Board or its designated agent shall inform the applicant in
          writing what additional information will be required for a completed application. In
          identifying such additional information, the board shall be guided by the terms hereof.
          Upon request by the applicant, the Board may waive any submittal requirement contained
          herein if the Board finds that full compliance would be unreasonably burdensome, or that
          the required information would not assist in determining whether or not to grant the
          application.

          At such time as the additional information has been submitted and the Board has
          determined that a completed application has been received, the review process set forth in
          section 9.03 of the Garfield County Zoning Resolution shall be followed except that in any
          event, within thirty days after the receipt of the completed application, the Applicant shall
          publish a notice of hearing on said application. Such notice shall be published in a
          newspaper of general circulation in Garfield County and a copy of such notice shall be
          given to the Colorado Land Use Commission. Such public hearing must be held not
          sooner than thirty and not later than sixty days after the publication of the notice.
5.21.12   Review Procedure for Development in Areas Around Mass Transit Facilities

          (1) A TPUD shall be subject to the same review procedure as an applicant for a PUD
          submitted in accordance with the provisions of Section 4.00 of the Garfield County
          Zoning Resolution.
          (2) A copy of the completed application shall be sent to the Colorado Land Use
          Commission.

          (3) The planning commission or the Board may request redesign of all or any portion off a
          planned unit development submitted for approval, but any such request shall include
          specific, objective criteria. If the applicant redesigns the planned unit development in
          accordance with the request, no further redesign shall be required unless necessary to
          comply with a duly adopted county resolution, ordinance, or regulation.

          (4) Any required public hearing on any planned unit development shall be conducted
          expeditiously and concluded when all those present and wishing to testify have done so.
          No public hearing shall continue for more than forty days from the date of commencement
          without the written or formally recorded consent of the applicant. Any continuation of a
          public hearing shall be to a date certain.

          (5) Unless withdrawn by the applicant, any TPUD that has been neither approved,
          conditionally approved, nor denied within a time certain mutually agreed to by the county
          and the applicant at the time of filing shall be deemed approved. Such time period may be
          extended by the county to receive a recommendation from an agency to which a planned
          unit development was referred, but such extension shall not exceed thirty days unless the
          agency has notified the county that it will require additional time to complete its
          recommendation.

          (6) Any requirement set forth in this section may be waived by the Board upon
          submission of a request in writing by the applicant and a finding by the board that full
          compliance with the submission requirements would be unreasonably burdensome and the
          proposed development will have a marginal or an insubstantial impact on the surrounding
          area or the mass transit system.

5.22      REGULATIONS AND GUIDELINES FOR THE SITE SELECTION OF ARTERIAL
          HIGHWAYS, COLLECTOR HIGHWAYS, AND INTERCHANGES (Added 2002-13)

5.22.01   Statement of Authority – These regulations are adopted by the Board of County
          Commissioners of Garfield County pursuant to the authority granted by Section 24-65.1-
          101 et seq. Colorado Revised Statutes.

5.22.02   Purpose and Intent – The purpose and intent of these regulations shall be to:
          A. facilitate the local administration of site selection of arterial highways, collector
          highways, and interchanges by establishing requirements which must be met before a site
          may be selected
          B. ensure that community traffic needs are met

          C. provide for the continuation of desirable community patterns

          D. discourage expansion of demand for government services beyond the reasonable
             capacity of the community or region to provide such services as determined by the
             board of county commissioners

          E. prevent direct conflicts with local, regional and state master plans

          F. ensure that highway development is compatible with surrounding land uses

          G. encourage the coordination of highway planning with community and regional
             development plans

          H. discourage traffic hazards and congestion.

5.22.03   Definitions For the purposes of these regulations and all applications made hereunder, the
          following words and phrases shall have the following meaning:

          A. Analysis point means a specific point or section of a roadway where studies,
          measurements, data collection, or analysis will be carried out to provide the information
          required by these regulations.

          B. Applicant means any person, including a local, municipal, state, or federal entity,
          proposing to locate an arterial highway, or collector highway, or interchange within the
          unincorporated areas of Garfield County.

          C. Arterial highway means any limited-access highway which is part of the federal-aid
          interstate system or any limited-access highway constructed under the supervision of the
          Colorado Department of Transportation.

          D. Average travel speed means the length of a given lane or highway segment divided
          by the average travel time of all vehicles traversing the segment, including all stopped
          delay times.

          E. Average travel time means the average travel time spent by vehicles traversing a
          highway segment of given length; expressed in units of time per vehicle.

          F. Collector highway means a major thoroughfare serving as a corridor or link between
          municipalities, unincorporated population centers, recreation areas, or industrial centers
          and constructed under guidelines and standards established by, or under the supervision
          of, the Colorado Department of Transportation. The term “collector highway” does not
          include a city street or local service road or a country road designed for local service and
          constructed under the supervision of local government.

          G. Community traffic means one or more of the following:
    a. any vehicle trip that has a point of origin and/or a point of destination within
    Garfield County

    b. any vehicle that stops for service, goods, or lodging shall be considered to be a
    part of community traffic

    c. any vehicle trip that has a point of origin and/or a point of destination within
    specific areas within Garfield County as identified in the pre-application agreement

   d. all non-motorized travel within Garfield County.

H. Corridor means a set of essentially parallel transportation facilities designed for travel
between two points and containing two or more subsystems such as freeways, rural
highways, arterials, transit, bicycle or pedestrian routes.

I. Density means the number of vehicles occupying a given length of lane or roadway at a
particular instant, expressed in vehicles per mile.

J. Development means any construction or activity which changes the basic character or
use of the land on which the construction or activity occurs.

K. Heavy vehicle means a vehicle with more than four wheels touching the road surface
during normal operations.

L. Interchange means the intersection of two or more highways, roads, or streets at least
one of which is an arterial highway. At such intersection there must be direct access to
and from the arterial highway.

M. Level of service means a qualitative measure that characterizes the operational
conditions within a traffic stream which may be based on service measures such as speed,
travel time, freedom to maneuver, traffic interruptions and at least in part, upon the
perception of motorists, vehicle operators, and pedestrians.

N. Limited-access highway means providing access connection with selected public
roads only and by prohibiting crossings at grade or direct private driveway connections.

O. Project means the arterial highway, collector highway, or interchange that is the
subject of an application pursuant to these regulations.

P. Rate of flow means the equivalent hourly rate at which vehicles pass over a given
point or section of a lane or roadway during a given period of time less than one hour,
usually 15 minutes, expressed in vehicles per hour.

Q. Roadway capacity means the maximum number of vehicles that can pass a given
point during a fifteen (15) minute time period under given roadway, environmental, traffic
and control conditions, expressed in vehicles per hour.
          R. Selection means the action of making a choice between options or the action of
          making a decision to construct or develop in a location that is not now occupied by such
          construction or development.
          S. Site means a specific parcel or corridor of land that is intended to be used for the
          construction or major enlargement, of a new or relocated interchange, arterial highway, or
          collector highway.

          T. Site selection includes the determination of a specific corridor location that is made by
          the applicant at the end of the corridor location studies in accordance with federal
          regulations.

          U. Speed means a rate of travel expressed as distance per unit of time, e.g. miles per hour.

          V. Through traffic means any vehicle trip that has neither a point of origin nor a point of
          destination in Garfield County and does not stop to secure services, goods or lodging in
          Garfield County.

          W. Traffic volume means the total number of vehicles that pass over a given point or
          section of a lane or roadway during a given time interval. Volume may be expressed in
          terms of annual, daily, hourly, or sub-hourly periods.

5.22.04   Pre-application Conference - Any person who desires to locate an arterial highway,
          collector highway, or interchange within the unincorporated areas of Garfield County shall
          provide to the Garfield County Planning Department a Notice of Intent which briefly
          identifies the project which is being considered and requesting a pre-application
          conference. Within thirty (30) days of the receipt of the notice, the Board of County
          Commissioners shall schedule a pre-application conference with the applicant.

          The purpose of the pre-application conference is to provide a forum for the county and the
          applicant to agree upon the data, methods, and analyses necessary to determine the current
          and future traffic needs of the community at the site of the proposed new highway or
          interchange and to determine whether alternative sites can or should be considered.
          “Community traffic needs” consist of five separate elements. These elements are:
              A. convenient intra-community travel without using a collector or arterial
              highway

              B. convenient and safe access to and from collector and arterial
              highways

              C. reasonable travel times for vehicles from the community that choose to
              utilize the collector or arterial highway

              D. safety for non-motorized travel within the community

              E. accommodation for inter-modal and mass transit facilities.

5.22.05   Pre-application Agreement - One or more meetings, consultations, or conferences may be
          held as a part of the pre-application conference required by this Part II. At the conclusion
          of the pre-application conference, the county and the applicant shall enter into a pre-
          application agreement which shall reflect the agreement of the parties about the
          information that must be included in the final application required by Part IV. At a
          minimum, the agreement must reflect the mutual understanding of the parties on the
          following:
          A. the definition of terms that will be used including the definition of the terms
               “community traffic,” “interchange,” “collector highway,” and “arterial highway”

          B. the analysis points that will be utilized to secure the data required in the final
              application

          C. a method of identifying the individual analysis points so that a map location can be
              correlated with data or textual material

          D. a method of categorizing various levels of service that currently exist and are expected
             to exist after project completion

          E. all alternative locations for the proposed project.

          In gathering the information required for the final application, the applicant may utilize
          existing and past studies but the parties shall at all times bear in mind that the purpose of
          the pre-application procedure is to provide a means whereby Garfield County can provide
          meaningful input into the analysis phase of the project.

5.22.06   Submission Requirements - Unless otherwise agreed upon by the parties to the pre-
          application agreement, for each alternative location being considered for the project the
          final application shall contain the information specified below:

5.22.07   Analysis Points - Highways - Each lane of the proposed arterial highway or collector
          highway shall have an analysis point at each end of the proposed project. In addition there
          shall be an analysis point identified wherever the roadway is or will be intersected or
          joined by another public road or commercial driveway.

5.22.08   Analysis Points - Interchanges - For interchanges, as defined herein, each lane of each
          highway road or street involved in the interchange shall be considered an analysis point.
          In addition, for a distance of not more than two thousand (2000) feet, in each direction, on
          each roadway involved in the proposed interchange, an analysis point shall be identified
          wherever the roadway is joined or intersected by another public road or commercial
          driveway.

5.22.09   Data Collected at Analysis Points - Unless otherwise agreed upon by the parties to the pre-
          application agreement, the following data shall be collected at each analysis point
          identified in the pre-application agreement or in sections 5.22.07and 5.22.08.

5.22.10   Peak Traffic Flow - The flow must be broken down in fifteen (15) minute
          segments, for at least two (2) one hour periods during each day. The county may specify
          days of the week, seasons of the year, or occurrence of specific events during which peak
          volume measurements should be taken.

5.22.11   Point of Origin and Point of Destination - Recognizing the impossibility of determining
          the points of origin and destination of every vehicle, it shall nevertheless be the
          responsibility of the applicant to develop and propose a method of analysis that indicates
          the extent of local traffic which is currently utilizing the roadway or roadways involved in
          the proposed project. Such analysis may utilize comparative traffic counts, trip generation
          analysis, statistical sampling, or any other method that is agreed upon by the county and
          the applicant.

5.22.12   Number of Heavy Vehicles - The number will include the average percentage represented
          by recreational vehicles.

5.22.13   Average Speed - The average speed will be calculated for peak and off-peak periods.

5.22.14   Roadway Capacity - The capacity of the roadway or lane segment may be calculated or
          arrived at by actual measurement or observation during peak traffic flow.

5.22.15   Traffic Volume -
          1. average daily traffic - different figures may be given which differentiate between days
              of the week or seasons of the year

          2. annual traffic (total)

5.22.16   Roadway Conditions -
          1. lane width

          2. presence of pedestrian routes

          3. bicycle lanes

          4. controls such as stop signs or traffic lights

          5. existing or proposed mass transit facilities

          6. other conditions that affect capacity

5.22.17   Density of Vehicles - The density of vehicles must be given for peak and off-peak
          conditions. If analysis points are located at existing intersections, data concerning number
          and direction of turning vehicles shall also be collected and analyzed.

5.22.18   Level of Service - The levels of service that exist for vehicles, pedestrians, busses and
          bicycles at each site being considered must be given.


5.22.19   Final Application - When the data collection and analyses identified in the pre-
          application agreement are complete, the applicant shall submit three (3) copies of a
          final application which contains the information required by the pre-application
          agreement and which contains the additional information required by this Part III.

5.22.20   Submittal Requirements - The final application shall be presented in notebooks or other
          types of bindings with pages numbered, a table of contents, and a glossary of terms. Such
          glossary shall reflect the definitions contained in the pre-application agreement. Such
          application shall also contain the following:

5.22.21   Application Form - The completed application form found in Appendix A must be
          submitted.

5.22.22   Maps - Maps must be submitted on sheets not larger than 24" X 36" at a scale sufficient to
          permit the information represented thereon to be easily understood. The maps shall show
          the analysis points identified in the pre-application agreement as well as all of the
          alternative locations of the proposed arterial highway, collector highway, or interchange.

5.22.23   Current Traffic Data - Data, graphs and analyses reflecting current traffic conditions shall
          be presented in a form that is understandable by persons who are not technically trained in
          engineering and design fields. The application shall contain text describing the method of
          data collection used for different analyses points, those differences shall be identified and
          described. Where actual observations were not used, the application shall describe the
          process followed, including the formula used, to extrapolate traffic figures.

5.22.24   Traffic Projections - The final application shall contain the applicant’s projections for
          traffic for each roadway involved in the project. Such projections shall include
          projections for community traffic as well as through traffic.

5.22.25   Community Traffic Needs - The final application shall contain a separate section or
          division addressing community traffic needs and demonstrating how the proposed project
          site will meet those needs. Text, diagrams, graphs, preliminary design or any other
          method may be used in such demonstration.

5.22.26   Application Review - Upon receipt of the three (3) copies of the final application required
          by this Part III, the County Planning Department shall review the material submitted for
          the purpose of determining whether or not such application complies with the pre-
          application agreement and this Part III. If the department determines that the application
          complies, the applicant shall be notified and requested to provide an additional seventeen
          (17) copies of the final application.

5.22.27   Incomplete Application - If the Planning Department determines that the application is
          incomplete, the applicant shall be notified and the matter shall be referred to the Board of
          County Commissioners. After consideration of the information from the Planning
          Department and any comments or information received from the applicant, the board shall
          decide to accept the application as submitted or to reject the application and require the
          submittal of additional information. If the application is rejected, the reasons therefore
          shall be given to the applicant in writing and the writing shall specify the provision of the
          pre-application agreement or these regulations that the application failed to address or
          satisfy.

5.22.28   Planning Commission Review - Upon receipt of copies of a completed application, the
          board shall refer the application to the Planning Commission for comment and review.
          The Planning Commission shall complete its review within forty-five (45) days of its
          receipt of the application.

5.22.29   Public Hearing - Not later than thirty (30) days after the receipt of the completed final
          application, the board shall publish a notice of hearing on said application. Such notice
          shall be published at least once in a newspaper of general circulation in the county and
          shall be published not less than thirty (30) days and not more than sixty (60) days prior to
          the hearing. The date for the hearing shall be after the end of the 45 day period allowed
          for Planning Commission review. A copy of the notice shall be sent to the Colorado Land
          Use Commission.

5.22.30    Permit Issuance - Within thirty (30) days of the public hearing required by section 3.2.4 of
          these regulations, the board shall determine whether or not to issue the permit requested by
          the final application. The permit shall be issued if:
               A. the site selected for the proposed project does not directly conflict
               with any provision of a local, regional, or state master plan, and

              B. the project, if developed at the site described in the final application,
              will preserve desirable community patterns and meet community traffic
              needs, and
              C. the project, if developed with the design elements described in the
              final application, will preserve desirable community patterns and meet
              community traffic needs.

5.22.31   Permit Denial - The board may deny the permit application if:
             A. the site selected for the proposed project does directly conflict
             with any provision of a local, regional, or state master plan, or

              B. the project, if developed at the site described in the final application,
              will not preserve desirable community patterns or meet community
              traffic needs, or

              C. the project, if developed with the design elements described in the
              final application, will not preserve desirable community patterns or
              meet community traffic needs.

5.22.32   Form of Decision - Whether the board grants or denies the permit, it shall state, in writing,
          the reasons for its decision and preserve a record of such proceedings.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:4/14/2011
language:English
pages:88