La Plata Land Use Code (LUC) DRAFT Page 1

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1 SUBPART B LAND USE CODE (LUC)... 2 CHAPTER 62 AUTHORITY, PURPOSE, JURISDICTION, AND APPLICATION... 2 SUBCHAPTER 62-1 GENERAL PROVISIONS... 2 SUBCHAPTER 62-2 EFFECT OF CODE... 7 CHAPTER 63 ZONING DISTRICTS AND USES Subchapter 63-1 Districts Established Subchapter 63-2 Land Uses Established Subchapter 63-3 Special and Limited Uses Subchapter 63-4 Temporary Uses and Special Events CHAPTER 64 DEVELOPMENT AND DESIGN STANDARDS Subchapter 64-1 Purpose and Application Subchapter 64-2 Open, Agricultural, and Residential Standards Subchapter 64-3 Commercial, Industrial, Institutional, and Mixed Use Standards Subchapter 64-4 Design Standards SUBCHAPTER 76 DEFINITIONS.... Error! Bookmark not defined. La Plata Land Use Code (LUC) DRAFT Page 1

2 SUBPART B LAND USE CODE (LUC) CHAPTER 62 AUTHORITY, PURPOSE, JURISDICTION, AND APPLICATION SUBCHAPTER 62-1 GENERAL PROVISIONS Sec Title; Short Title The La Plata County development regulations shall be known as the "La Plata County Land Use Code," or "this Code." Sec Authority I. Generally. The provisions of this Code are authorized as provided in this Section. II. Authority. This Code is adopted pursuant to the authority granted by the Colorado Revised Statutes (C.R.S.) including, but not limited to: A. Title 16, Criminal Proceedings; Article 13; Part 3, Abatement of Public Nuisance (C.R.S et seq.); B. Title 24, Government - State, Article 65.1, Areas and Activities of State Interest (C.R.S et seq.); C. Title 24, Government - State, Article 67, Planned Unit Development Act of 1972 (C.R.S et seq.); D. Title 24, Government - State, Article 68, Vested Property Rights (C.R.S et seq.); E. Title 25, Public Health and Environment, Article 12, Noise Abatement (C.R.S et seq.); F. Title 29, Government - Local; Article 20, Local Government Regulation of Land Use (C.R.S et seq.); G. Title 30, Government - County; Article 11, County Powers and Functions (C.R.S et seq.); H. Title 30, Government - County; Article 15, Regulation under Police Power; Part 4, General Regulations (C.R.S et seq.); I. Title 30, Government - County; Article 28, County Planning and Building Codes; Part 1, County Planning (C.R.S et seq.); J. Title 30, Government - County; Article 28, County Planning and Building Codes; Part 4, Cluster Development (C.R.S et seq.); K. Title 30, Government - County; Article 30, Control of Stream Flow for Purposes of Flood Control; L. Title 32, Special Districts, Article 1, Special District Provisions; La Plata Land Use Code (LUC) DRAFT Page 2

3 M. Title 34, Mineral Resources; Article 60, Oil and Gas Conservation (C.R.S et seq.); N. Title 43, Transportation; Article 1, Control of Outdoor Advertising Devices; O. Title 43, Transportation; Article 2, State, County, and Municipal Highways; Part 1, State, County, and City Highway Systems (C.R.S et seq.); and P. All other powers authorized by the Constitution of the State of Colorado, or by common law including those for the regulation of land uses, land use planning and development, subdivision, environmental protection, police powers, and the power to abate nuisances. III. Federal Law. Certain uses, Development, or activities that are regulated by or exempted from this Code are also subject to federal law or regulation. The County may, but is not obligated to, require evidence of compliance with federal law or regulation as a basis for approvals, monitoring, or enforcement under this Code. Compliance with this Code may not be a defense against federal law or regulation. IV. Additional Authority; Limitations. Should further authorizing legislation exist or be enacted, this Code is additionally deemed to be enacted or effective pursuant thereto. Sec Purposes and Objectives I. General Purposes. The regulations of this Code shall be implemented for the general purposes of adopting and enforcing ordinances and resolutions regarding health and safety issues as prescribed by law. II. Specific Purposes. The regulations of this Code shall be implemented by using the County's constitutional and statutory powers and shall be liberally construed to further these stated purposes: A. Common Good. Preserve and provide for the public health, safety, and welfare of the citizens and businesses of La Plata County generally, and specifically as related to an adequate water supply, as set forth in C.R.S B. Plan Implementation. Implement the Comprehensive Plan and other plans, studies, or maps, which are intended to give residents, property owners, and the community at-large a means for creating a shared vision for the future Development and preservation of the County. (Sec , Consistency with Plans) C. Use of District Plans. Utilize the District Plans of each of the applicable Planning Areas as policy guidance for applying the Zoning Districts and standards set forth in this Code; D. Sustained Agricultural Operations. Promote patterns of land use that are compatible with and do not create an undue burden on agricultural operations in recognition of their public benefits to the economy, productive use of land, and open space preservation. E. Resource Protection. Protect sensitive environmental resources that provide County residents with safe and clean water sources and enhance the beauty and natural character of the County, including the protection of rivers and creeks and their riparian areas, natural wetlands, and water bodies, wildlife corridors and habitat areas, views of meadows and mountains, and other highly-valued areas. F. Character Preservation. Preserve, enhance, and protect the unique and special character of the County's historic assets and other areas of cultural, scenic, or architectural importance or significance. La Plata Land Use Code (LUC) DRAFT Page 3

4 G. Responsible Development. Develop in a fiscally responsible and orderly manner in the areas of the County that are most suitable for Development and where level of service thresholds and standards can be met. H. Adequate Infrastructure. Ensure that the facility and service demands of new Development will not exceed the existing or scheduled improvements of capacities for existing roads, streets, water or wastewater infrastructure, utilities, and other services as necessary to support safe and healthy Development. I. Fair Share of Costs. Consistent with state statutes, ensure that new Development pays its fair share of the costs of required infrastructure investments as necessary to serve such Development. J. Land Use Compatibility. Minimize conflicts among adjacent land uses by creating a consistent land use (zoning) classification system from which predictable outcomes can be communicated to the public at-large. K. Fair and Timely Actions. Promote efficient, fair, and timely Development approval procedures by allowing for administrative approvals, where practicable and appropriate, and expressly stating the necessary requirements and criteria for application approvals. L. Adequate and Affordable Housing. Provide for an adequate supply of housing that is affordable for residents of the County by promoting compact and mixed housing Developments that are within the existing service areas for the provision of infrastructure and public facilities. M. Hazard Protection. Use good land use planning and engineering practices to minimize public and private losses due to flood, fire, landslides, avalanches, or other hazard conditions, and damages to critical facilities, by utilizing best construction practices and abiding by reasonable standards of Development. N. Intergovernmental Coordination. Coordinate with other governmental jurisdictions within the County, as well as with the sovereign nations of the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe. O. Inter-Agency Cooperation. Provide for improved coordination of special districts and other state-mandated review agencies to gain efficiencies in the provision of services, to standardize inter-agency standards and specifications, and to streamline approval and permitting processes. III. Objectives. The objectives of this Code are to accomplish the following: A. Criteria and Standards. This Code provides decision criteria and written standards that lead to consistent, predictable outcomes. B. Streamlined Processes. The application submittal and review processes, and the approval procedures are specified, along with the review and approval authorities, timelines, and applicable requirements or exceptions. C. Administrative Approvals. As permitted by law, where there are written standards and decision criteria, County staff is authorized to decide and approve applications for, or minor modifications to, certain plans, plats, or permits. D. Imposition of Rational and Consistent Standards. La Plata County will not impose any discretionary condition upon a land use approval unless the condition is based upon duly adopted standards of this Code or other County resolutions that are sufficiently specific to La Plata Land Use Code (LUC) DRAFT Page 4

5 ensure that the condition is imposed in a rational and consistent manner. (C.R.S , Conditions on Land Use Approvals) E. Written Decisions Based on Standards, Laws, and Facts. Application decisions will include a written statement explaining the criteria and standards considered relevant in making the decision. At a minimum, this statement will include each of the following items: 1. Staff report; 2. Meeting minutes, if applicable; 3. Facts relied upon; 4. Relevant standards or requirements of applicable state-mandated review agencies; 5. Relevant portions of this Code; and 6. Relevant portions of State and/or Federal Law. F. Use for Previously-Approved Purpose Protected. Land uses originally intended, designed, and approved pursuant to County regulations then in place are hereby recognized, regardless of the subsequent application of new standards, regulations, or requirements. Such land uses remain subject to the terms and conditions of any other applicable law (e.g., the express terms and conditions of a special use permit, development improvements agreement, implied consent agreement, etc.). (Chapter 73, Nonconformities) G. Respect for Agricultural Practices. This Code does not declare any agricultural operation employing methods or practices that are commonly or reasonably associated with the agricultural production to be a public or private nuisance. (Title 35, Agricultural Administration, Article 3.5, Nuisance Liability of Agricultural Operations). IV. Adopted Standards Prevail. Where there is a conflict between a statement of purpose and an adopted standard, the adopted standard shall prevail. Sec Jurisdiction This Code shall apply to all unincorporated lands situated within La Plata County, Colorado to the maximum extent that the County has jurisdiction under the U.S. Constitution and the constitution and laws of the State of Colorado. Sec General Rules I. Required Compliance. No person, firm, partnership, corporation, or other entity may use, occupy, or develop land, buildings, or structures unless the use, occupancy, or Development is in compliance with this Code. II. Nuisances. This Code does not allow public or private nuisances to be established or maintained. III. Prior Authorization Required. As required by this Code, prior authorization of the commencement of Development is required. IV. Review Criteria in Deciding Violations. Any matter brought before the Board of Adjustment, Planning Commission, Joint Planning Commission, or Board to decide a violation of this Code shall consider the applicable review criteria stated in this Code. La Plata Land Use Code (LUC) DRAFT Page 5

6 V. Conflict with Other Governmental Regulations. If the provisions of this Code are inconsistent or in conflict with those of the State, the more restrictive provision shall control, as permitted by law. Conflict with federal law is addressed by Section , Authority. VI. Conflict with Other County Regulations or Agreements. If any provision of this Code is inconsistent or in conflict with any other provision of this Code or other adopted resolutions, ordinances, or regulations of the County, the more restrictive provision shall control. VII. Conflict with the Official Map or Overlay Areas. In the event of a conflict between the district boundaries on the Official Map or Overlay Area and the Zoning District designation of property provided by a duly enacted resolution adopted before the Effective Date of this Code, the Official Map or Overlay Areas shall control. In case of doubt or dispute, the boundary lines shall be determined by the Board of Adjustment upon receiving an appeal from a ruling of the Administrator, provided the jurisdiction of the Board of Adjustment shall not include the interpretation of the boundaries of flood zones. (Sec , Official Map of Overlay Areas) Sec Applicability I. Generally. All of the following are subject to the applicable requirements of this Code, and may require one or more Development approvals or permits: II. A. Subdivision of land resulting in lots of less than 35 acres; B. The use of any land or the use or extension of use of new or existing structures. C. The construction, reconstruction, conversion, structural alteration, repair, enlargement, relocation, storage, or demolition of structures. D. Any mining, excavation, land fill, or land disturbance, except traditional agricultural practices and irrigation ditch or reservoir maintenance (including both minor and major maintenance activities). E. Relative to flood damage prevention and flood hazard reduction, any man-made change to improved or unimproved property including, but not limited to: structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials within an area of special flood hazard, except traditional agricultural practices and irrigation ditch or reservoir maintenance (including both minor and major maintenance activities). F. Erection, construction, enlargement, modification, alteration, relocation, repair, improvements, demolition, maintenance, or conversion of signs. (Subchapter 70-3, Signs) Minimum Standards. The provisions of this Code are the minimum standards necessary to accomplish the purposes of this Code. III. No Effect on Vested Property Rights, Development Agreements, or Easements. This Code shall not be interpreted to interfere with or abrogate: A. Any vested property right established pursuant to C.R.S , et seq. and implementing County code provisions (Sec , Vested Property Rights); or B. The terms, conditions, or obligations of any Development Agreement or easement to which the County is a party. IV. No Effect on Private Restrictions. La Plata Land Use Code (LUC) DRAFT Page 6

7 A. Generally. This Code shall not interfere with, abrogate, or annul any private easement, covenant, deed restriction, or other agreement between private parties. B. Consistent Enforcement. This Code will be enforced on property that is subject to private restrictions in the same manner as other properties. C. No Duty to Search for Private Restrictions. The County has no duty to search for the existence of private restrictions on property. D. Interpretation, Application, or Enforcement of Private Restrictions. The County will not interpret, apply, or enforce private restrictions unless it is a party to them, and in such instance, only as the Board determines necessary or prudent. E. Private Party Responsibility. Parties to private covenants who seek County Development approvals that are inconsistent with their private covenants do so at their own risk that the covenants may be enforced by other private parties who may have standing to file suit. V. Publicly-Owned Property. This Code applies to land owned by the County and other local, state, and Federal agencies to the extent permitted by law. VI. Cumulative Regulations. Each and every standard, regulation, and requirement of this Code shall be deemed and construed to be cumulative, and the most stringent standard, regulation, or requirement shall apply, except as otherwise specifically provided. SUBCHAPTER 62-2 EFFECT OF CODE Sec Enactment and Repeal I. Except as otherwise provided in this Code, or applicable statutes of the State of Colorado, the La Plata County Land Use System, as amended by Resolution on, is repealed in its entirety and replaced by Resolution, adopted by the Board of County Commissioners on the Effective Date of, 2018, as specified in Sec , Effective Date. The following chapters of Subpart B, Land Use System, are hereby repealed: A. Chapter 62, General Provisions; B. Chapter 66, Administration; C. Chapter 70, Development Districts; D. Chapter 74, Development Standards and Specifications; E. Chapter 78, Floods; F. Chapter 82, Land Use and Development Permits; G. Chapter 86, Manufactured Home, Mobile Home and Recreational Vehicle Parks; H. Chapter 90, Natural Resources; I. Chapter 94, Public Property; J. Chapter 98, Signs; K. Chapter 100, Special Districts; L. Chapter 102, Subdivisions; and La Plata Land Use Code (LUC) DRAFT Page 7

8 M. Chapter 106, Zoning. Sec Effective Date I. Effect. This Code shall take effect upon adoption by the Board of County Commissioners, and may be adopted before the Board of County Commissioners adopts the Official Map and Overlay Areas. II. Supersede Prior Regulations. Except as otherwise stated in this Code or State of Colorado statutes, on the Effective Date and thereafter, this Code shall supersede all prior Development regulations governing the Development of land, buildings, and structures in the unincorporated County. III. After the Effective Date. Except as set forth in Sec , Transition Rules, all Development applications and proposals filed on or after the Effective Date of this Code shall be processed in accordance with the standards, regulations, and requirements of this Code. Sec Vested Property Rights I. Generally. A. Scope and Effect. A "vested property right" ("vested right") is the right to undertake and complete the Development and use of property under the terms and conditions of a sitespecific development plan. Vested rights "run with the land," meaning that they are automatically transferred from one owner to another when the affected property is sold or otherwise conveyed. Generally, a vested property right, once established as provided in this Section, precludes any establishment of a Zoning District or land use action by the County that would alter, impair, prevent, diminish, impose a moratorium on Development, or otherwise delay the Development or use of the property as set forth in the approved site-specific development plan. A Zoning District that is not part of a sitespecific development plan does not create vested rights. B. Relationship to State Vested Rights Statute. The purpose of this Section is to carry out the provisions of C.R.S , et seq. If C.R.S , et seq. is repealed or held invalid or unconstitutional, this Section shall have no effect. If C.R.S , et seq. is amended in a manner that is inconsistent with this Section, this Section shall be preempted to the extent of the conflict. II. Site-Specific Development Plan. The following shall be considered "site-specific development plans" for the purposes of this Code: A. Administrative land use permits including all Developments except for wildlife remediation, temporary uses, and special events; B. Final plats under the subdivision process (Sec , Final Plan / Subdivision Permit); C. Minor exemption subdivision plats under the minor exemption subdivision process (Sec , Minor Exemption Subdivision); D. Others to be included upon completion of subsequent LUC Modules. III. Pending Applications for Approval of Site-Specific Development Plans. La Plata Land Use Code (LUC) DRAFT Page 8

9 A. Generally. Except as provided in Subsection III.B., below, an application for approval of a site-specific development plan, as well as the approval, conditional approval, or denial of approval of the plan, shall be governed only by the duly adopted laws and regulations in effect at the time a complete application was submitted to the County. Such "laws and regulations" include this Code, as well as any Development regulations that have previously been adopted for the particular parcel described in the site-specific development plan and that remain in effect at the time of the application for approval of the site-specific development plan. B. Exception. Notwithstanding the limitations contained in Subsection III.A., above, the County may apply to a pending application for a site specific development plan any newly adopted or amended regulations which the County deems necessary for the immediate preservation of public health and safety. IV. Establishment of Vested Property Rights; Notice; Referendum and Judicial Review. A. Establishment. A site-specific development plan shall be deemed approved upon the effective date of the local government action, relating thereto. A vested property right shall be deemed established upon the approval, or conditional approval, of a site-specific development plan. B. Notice, Referendum, and Judicial Review. The approval of vested rights shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the County, of a notice advising the general public of the site-specific development plan approval and creation of a vested property right pursuant to this Section. Such publication shall occur no later than 14 days following approval. V. Duration of Vested Right; Extension of Vested Right. A. Duration. Subject to the provisions of this Section, a vested right shall remain vested for a period of three years; provided, however, that a development agreement approved and executed by the Board may provide that a property right may be vested for a period exceeding three years when warranted in light of all relevant circumstances including, but not limited to, the size and phasing of the Development or economic cycles and market conditions. B. Extension. The Board may authorize an extension of a vesting period for good cause shown after notice and a public hearing held before the expiration of the vesting period. Such extensions shall be granted in the same manner as the original vested right (see Subsection IV, above). The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Board. VI. Termination of Vested Right. A vested right that is created pursuant to this Section may be terminated in any of the following ways: A. Expiration. If upon expiration of the vesting period, the approved use has not commenced or the approved Development has not been constructed, the vested right shall terminate. If the site-specific development plan has not expired, the landowner may proceed to develop or use the property in accordance with the site-specific development plan to the extent that it is consistent with then-current laws and regulations. La Plata Land Use Code (LUC) DRAFT Page 9

10 B. Violation of Conditions of Approval. A conditional approval of a site-specific development plan shall create a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of the vested property right. C. Inconsistency with State or Federal Law. A vested property right shall automatically expire upon the discovery that the property to which the vested right is attached is burdened by a state or federal law that is inconsistent with the vested right. D. Landowner Consent. A landowner may request or consent to the termination of a vested right that runs with his or her property. E. Just Compensation. The County may terminate a vested right to the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred after approval of the site-specific development plan, including, but not limited to, costs incurred in preparing the site for Development consistent with the site-specific development plan, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest at the legal rate until paid; but not including diminution in the value of the property which is caused by such action, if any. VII. Limitations. Any of the following may limit the application or exercise of a vested right: A. General Development Regulations. Development standards that are not part of a sitespecific development plan do not result in the creation of vested property rights. A sitespecific development plan shall vest only those rights that it specifically (or necessarily) creates. B. Further Reviews. Following approval or conditional approval of a site-specific development plan, nothing in this Section shall exempt such plan from subsequent reviews and approvals by the County, or reviewing agencies applicable by law, to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are consistent with the original approval. C. New Regulations. The establishment of a vested right shall not preclude the application of resolutions, ordinances, or regulations which are general in nature and are applicable to all property subject to land use regulation by the County, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. D. Natural or Manmade Hazards. A vested right shall automatically terminate upon the discovery that natural or man-made hazards that could not reasonably have been discovered at the time of site-specific development plan approval exist on or in close proximity to the landowner s property, that, if uncorrected, would pose a serious threat to public health and safety. Sec Consistency with Plans I. Plan Consistency and Implementation. This Code is intended to implement the goals, objectives, and policies of the 2017 La Plata County Comprehensive Plan, together with: A Transportation Integrated Plan; B. Animas Airpark Master Plan (2015); C. Durango - La Plata County Airport Master Plan (2016); La Plata Land Use Code (LUC) DRAFT Page 10

11 D. Colorado Water Plan (2015); E. Regional Housing Alliance Demand Forecast (2015); F. Flood Insurance Study for La Plata County, Colorado, as amended and supplemented by the U.S. Army Corps of Engineers; G. Wildfire Hazard Area Maps (1974) prepared by the Colorado Forest Service; H. Wildlife Habitat Ranking Map; I. Geologic Hazard Maps (1976) prepared by the Animas Regional Planning Commission; J. Skyline and Viewshed Analysis Map; K. Scenic Corridor Map; L. La Plata County Trails Plan (2000); M. La Plata County Comprehensive Traffic Study (1999); N. La Plata County Water Critical Map; O. Maps of Drilling Windows as approved by the Colorado Oil and Gas Conservation Commission; P. La Plata County Road Map; Q. Permitted sand and gravel operations locations prepared by the Colorado Division of Reclamation, Mining, and Safety; R. Fruitland Outcrop Hazard Zone Map; S. Planning Maps of the La Plata County Open Space Committee; T. Cumulative Impact Map of Wildlife for La Plata County, prepared by the Colorado Parks and Wildlife; and U. Project Plan, La Plata County, Dry Hydrant Program. II. Animas Valley Land Use Plan Area and Regulations Incorporated by Reference. The following are incorporated by reference in and are part of this Code, as amended or replaced: A. Animas Valley Land Use Map; B. Animas Valley Neighborhood Zoning Districts Overlay Map; and C. Neighborhood Planning Area Maps and Overlay Map. III. District Plan Implementation. The regulations of this Code implement the District Plans, as amended or replaced. A. District Plans. The district plans include those for the following Planning Areas: 1. Animas Valley (AV); 2. Bayfield (BA); 3. Crowbar Creek (CC); 4. Durango (DD); La Plata Land Use Code (LUC) DRAFT Page 11

12 5. Florida Mesa (FM); 6. Florida Road (FR); 7. Fort Lewis Mesa (FL); 8. Junction Creek (JC); 9. La Posta Road Area (LP); 10. North County (NC); 11. Vallecito (VA); and 12. West Durango (WD). B. State Authorization. C.R.S and , authorize the Board of County Commissioners (Board) to appoint the County Planning Commission to oversee plans for zoning certain portions of the unincorporated territory, as listed above. Set forth in Chapter 63, Zoning District and Uses, and Chapter 64, Development and Design Standards, are the Zoning District and the allowable land uses and standards applicable to each district within each Planning Area. C. Consistency. The provisions of this Code are consistent with the goals, objectives, and policies of each District Plan. This Code implements those plans through the establishment of Zoning District, which are set forth in Sec , Zoning Districts Established. D. Land Use Plan and Official Map. The District Plan maps shall help guide future land use decisions of the County Planning Commission as to the suitability and appropriateness for designating, or re-designating, a Zoning District. The District Plans, as amended or replaced, will be used to create an officially adopted Land Use Plan, Official Map, and Overlay Areas. Until then, land use decisions shall be guided by the District Plan maps and decisions made according to the standards, regulations, and requirements of this Code. La Plata Land Use Code (LUC) DRAFT Page 12

13 Sec Transition Rules I. Existing Violations. Any violation of previous versions of the County's Land Use Code shall continue to be a violation under this Code, unless the use, Development, construction, or other activity complies with the provisions of this Code. II. Effect on Pending Applications. A. Generally. Each application shall be evaluated according to the duly adopted regulations in effect at the time the complete application was submitted. B. Timeline to Complete Application Under Prior Standards. Applications pending under the regulations in effect prior to the Effective Date shall be diligently pursued. The application shall become void 60 days after the date that action is requested of, but not provided by, an applicant. C. Consent Required for Retroactive Applications of Amendments to Pending Applications. If this Code becomes effective during the time that an application for Development is pending, this Code may be applied only if any request by the applicant for the retroactive application of this Code is contained in the application file or a related hearing transcript. III. Development Agreements that Predate this Code. A. Generally. Development Agreements approved prior to the Effective Date of this Code may be carried out within the scope of the approved agreement or permit, provided that the approval is valid and has not expired. Development pursuant to approved Development Agreements shall be subject to the standards, regulations, and requirements in effect at the time of approval only to the extent that such are referenced within the Development Agreement, or are necessarily and materially implicated by the Development Agreement. B. Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the approved documents associated with each permit. IV. Special Use Permits that Predate this Code. Special use permits that were issued before the Effective Date of this Code shall remain valid, and may be fully developed according to their terms and conditions, regardless of the district or standards subsequently applied by this Code. V. Amendments of Prior County Approvals. The standards, regulations, requirements, and procedures of this Code shall apply to all amendments of plans, plats, and permits that were approved prior to the Effective Date of this Code. (Chapter 71, Permits and Procedures) VI. Variances. Any variance lawfully issued for a lot or parcel of land, building, or structure prior to the Effective Date of this Code shall be valid. VII. Projects with Vested Rights. Sec , Vested Property Rights. La Plata Land Use Code (LUC) DRAFT Page 13

14 CHAPTER 63 ZONING DISTRICTS AND USES Subchapter 63-1 Zoning Districts Established Sec Purpose and Applicability I. Purpose. This Subchapter establishes Zoning District, which are created to implement the land use classifications set forth in the District Plans, and articulates the Zoning District purposes and where they apply within the County. (Sec , Consistency with Plans) II. Applicability. This Chapter is applicable to the Zoning District, with the exception of the Scenic Overlay (SO) and River Corridor (RC) overlay districts. Sec Zoning Districts Established I. Purpose. The purposes of the Zoning District are to: Name A. Implement the County's Comprehensive Plan, and other applicable plans; B. Provide land owners and developers guidance as to the permissible locations and substantive requirements for Development, as well as the land uses that are permitted by-right within these Zoning District; C. Establish standards that provide for the land uses and densities described in the District Plans; D. Develop a plan for where (and where not), how, and of what type and character Development is to occur within the areas covered by the District Plans; E. Protect the areas most suitable for agricultural purposes and operations from encroaching, incompatible Development; and F. Support the economy by planning for Development in locations where it is most suitable and for which adequate infrastructure and facilities are available, or commensurate with the phasing and timing of Development, will have the requisite capacities to serve the Development. Conservation / Open Space District Agriculture / Farm and Ranch Designation CO FR Table Agricultural and Residential Zoning Districts The purpose of this Zoning District is to provide for: The preservation of natural lands and areas unintended for Development, together with conservation areas that are owned or managed by the State or Federal Governments, La Plata Open Space Conservancy, or similar land management agencies or organizations. These areas may be used for passive recreational purposes, and may include wildlife habitat, timberlands, and other environmentally sensitive areas. District Plan Designation 1 Timber / Recreation / Wildlife Ag/Timber/Recreation (BA, FR, JC, NC, VA, WD) Ag/Timber/ Public Recreation (NC) Agricultural use devoted to farm and ranch Country Tourist lands for the purpose of producing food and Dude Ranch other agricultural products, growing trees and (NC) forest products, and the breeding and grazing Country Tourist Dude Ranch La Plata Land Use Code (LUC) DRAFT Page 14

15 District Name Agriculture Residential Rural Residential Suburban Residential Designation AR RR SR Table Agricultural and Residential Zoning Districts The purpose of this Zoning District is to provide for: District Plan Designation 1 of animals, along with their accessory Agriculture (VA) structures. Land within this district is intended Tourist Agricultural Dude Ranch (FR, for uses related to and in support of VA, WD) agriculture. Residential lots on 35 acres or more that are exempt, pursuant to C.R.S , from County subdivision regulations, or 20-acre lots with 85 percent common open space set aside to preserve critical lands, protect natural resources, and maintain a density that is compatible with the character of surrounding agricultural uses. Subdivisions within this district must demonstrate the suitability of the site for development relative to the proof of physically and legally available water, including when applicable, a safe yield analysis; provisions for a wastewater system and emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, will have the requisite capacity for the trips generated by the Development. Rural residential subdivision on lots ranging in size from five to 20 acres, with provisions and bonuses for conservation development, including small acreage lots clustered around common open space set aside to preserve critical lands and to protect natural resources. The common open space is also to provide for perimeter setbacks and buffering to transition to adjacent uses. Subdivisions within this district must demonstrate the suitability of the site for development relative to the proof of physically and legally available water, including when applicable, a safe yield analysis; provisions for a wastewater system and emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, will have the requisite capacity for the trips generated by the Development. Rural (LP) Rural (1/35 ac.) (DD) Ag / Residential 35 (DD) Ag / Rural Residential (BA, FM, FR, JC, NC, VA, WD) Rural (FL) Animas Valley Crowbar Creek 4 Residential 10 (WD) Rural Estates (1/10 ac. Min.) (DD) Animas Valley 15-Acre Minimum Single Family Residential Animas Valley 10-Acre Minimum Single Family Residential Residential Development with lots ranging in Residential (3-6 ac.) (JC) size from three to 10 acres, with provisions Large Lot Residential (BA, FM, LP, HC, and bonuses for conservation development VA, WD) with smaller lots clustered around common Large Lot Residential (1-3 ac.) (DD) open space set aside to preserve critical lands Residential 3 (WD) and to protect natural resources. Subdivisions 3 ac. Single Family Residential within this district must demonstrate the Restricted (AV) suitability of the site for Development relative Rural Residential (LP) to the proof of physically and legally available Rural Residential (1/3 ac., min) (DD) water, including when applicable, a safe yield Suburban Density Residential (BA, FR, analysis; provisions for a wastewater system NC, VA, WD) La Plata Land Use Code (LUC) DRAFT Page 15

16 Name Semi-Urban Residential Urban Residential District Designation SU UR Table Agricultural and Residential Zoning Districts The purpose of this Zoning District is to provide for: and emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, will have the requisite capacity for the trips generated by the Development. A variety of housing types including singlefamily detached and attached dwellings that are on lots ranging in size from one to five acres. The common open space in these developments is for resource protection, recreational spaces and trails, and/or buffering between housing types within or adjacent to the Development. Given the semiurban density and level of demand for urban facilities and services, Developments in this district must connect to the urban services of a proximate municipality, special district, or metro district through annexation; a development agreement or implied consent agreement; or provide for proof of physically and legally available water, including when applicable, a safe yield analysis; provisions for a wastewater system and emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, will have the requisite capacity for the trips generated by the Development. A variety of housing types including multiplefamily development, which may also include a mixture of residential and commercial land uses. The lot sizes in this district may range from 1,500 square feet to one acre per dwelling unit. Given the urban density and level of demand for urban facilities and services, Developments in this District must connect to the urban services of a proximate municipality, through annexation; a development agreement or implied consent agreement; provisions for emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, District Plan Designation 1 Medium Density Residential ( DU s per ac.) (DD) Animas Valley Five-Acre Minimum Single Family Residential Animas Valley Three-Acre Minimum Single Family Residential 2 Animas Valley Two-Acre Minimum single Family Residential Hermosa Creek Neighborhood Zoning District Bruce Lane Neighborhood Zoning District Hermosa / Animas Valley Neighborhood Zoning District Low Density Residential (LP) Low Density Residential ( DU s per ac.) (DD) Medium Density Residential (FM, WD) Medium Density Residential (LP) City Adjacent Residential (JC) Perimeter Residential (BA) Small Lot Residential (FM) Animas Valley One-Acre Single Family Residential 3 Mixed Residential Mixed Residential Accommodations (VA) High Density (NC) High Density Residential (LP) High Density Residential (12-24 DU s per acre) (DD) PUD (FR) CB Mixed Use (up to 24 DU s per ac.) (DD) Multiple Use (DD) Animas Valley High-Density, Single Family Residential / PUD Animas Valley Multifamily Residential La Plata Land Use Code (LUC) DRAFT Page 16

17 Name Table Notes District Designation Table Agricultural and Residential Zoning Districts The purpose of this Zoning District is to provide for: will have the requisite capacity for the trips generated by the Development. Perimeter spacing and bufferyards, as well as building height and scale are necessary to appropriately transition this high-density land use to adjacent areas. District Plan Designation 1 1. The District Plan designations are from the plans for each of the Planning Districts as of the Effective Date of this Code. The two letter abbreviations refer to the individual Planning Districts, as set forth in Sec , Consistency with Plans. 2. The Animas Valley Three-Acre Minimum Single-Family Residential district also includes the "Restricted" district. 3. The Animas Valley One-Acre Minimum Single-Family Residential district also includes the "Restricted" district. 4. The Animas Valley Zoning Districts reflected in this table include limited use standards, as set forth in Subchapter 63-3, Special and Limited Uses, to encompass the specific use standards of Article III, Animas Valley Land Use Plan Districts, of the former Land Use Code. Name District Designation Commercial and Mixed Use Agricultural Commercial Suburban Commercial Auto-Urban Commercial Mixed Use AC SC AU MU Table Commercial and Mixed Use Zoning Districts The purpose of this Zoning District is to provide for: District Plan Designation 1 All commercial and mixed uses must demonstrate the suitability of the Development relative to the proof of physically and legally available water, including, when applicable, a safe yield analysis; provisions for a wastewater system and emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, will have the requisite capacity for the trips generated by the Development. General or commercial land uses that are appropriate and compatible within an agricultural setting, as spelled out in the tables in Subchapter 63-2, Land Uses Established. Limited commercial land uses that are comparable in scale and compatible with the Suburban Residential (SR) or Semi-Urban Residential (SU) neighborhoods. A broad range of commercial office, retail, and service uses. A mixture of residential and commercial uses in a planned development that is designed and compatible for taller building heights and a greater intensity of use. Not Applicable Local Commercial (BA, FM, FR, VA) Fort Lewis Mesa (existing) Suburban Density Residential (BA, FR, NC, VA, WD) Animas Valley Neighborhood Commercial Commercial (DD) Mixed Commercial / Light Industrial (LP) Mixed Commercial / Industrial (DD) General Commercial (AV) Not Applicable Table Notes 1. The District Plan designations are from the plans for each of the Planning Districts as of the Effective Date of this Code. The two letter abbreviations refer to the individual Planning Districts, as set forth in Sec , Consistency with Plans. La Plata Land Use Code (LUC) DRAFT Page 17

18 Name District Table Business, Industrial, Public, and Community Facilities Zoning Districts Designation Business and Industrial Business Park Industrial Public and Community Facilities BP IN PC The purpose of this Zoning District is to provide for: District Plan Designation 1 All business and industrial uses must demonstrate the suitability of the Development relative to the proof of physically and legally available water, including, when applicable, a safe yield analysis; provisions for a wastewater system and emergency services; together with access to a State or County roadway that has, or commensurate with the phasing and timing of Development, will have the requisite capacity for the trips generated by the Development. Office, research, and/or technology parks with enhanced site and building standards to create a campus-like employment center. This District may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited. Office / Light Industrial (FM) Business Park (DD) Animas Valley Business/Industrial Park Overlay District Gem Village More intensive industrial uses that may include, but are not limited to, manufacturing, fabrication, and warehousing with both indoor and outdoor operations, on-site storage and display, and possibly heavy truck traffic. Environmental effects likely Industrial (AV, DD, FM, LP, VA) associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts, which are addressed in Subchapter 68-4, Performance Standards. Public and institutional uses and properties, which may include, but are not limited to, public utility buildings or sites, public and private schools and other public assembly facilities, and dedicated parks and open space areas. Public / Quasi-Public (DD) Parks and Recreation (DD) Campground / Accommodations (VA) Table Notes 1. The District Plan designations are from the plans for each of the Planning Districts as of the Effective Date of this Code. The two letter abbreviations refer to the individual Planning Districts, as set forth in Sec , Consistency with Plans. Name Established Neighborhood Airport Overlay River Corridor Overlay District Scenic Overlay District Transition Area Overlay District Designation EN AO RC SO TA Table Overlay Districts The purpose of this Zoning District is to provide for: District Plan Designation 1 The continuation and improvement of established neighborhoods without creating nonconforming lots or buildings, and with administrative approval of modifications, enlargements, or improvements subject to certain standards. Not Applicable Protection against the encroachment of incompatible land uses and to protect safe airport operations for the Durango - La Plata Not Applicable County Airport and the Animas Airpark. A means to protect water quality, the riparian habitat, and corridors for wildlife; prevent flood damage; and promote the aesthetic and scenic values of the Animas Valley. Preservation and protection of scenic areas and corridors, including, but not limited to, views to distant mountain peaks, large open vistas, views of river corridors, etc. Appropriate design and Development standards within areas of the County around and adjacent to municipal jurisdictions, to aid in the transition from rural to urban standards. Sec III Sec IV Not Applicable La Plata Land Use Code (LUC) DRAFT Page 18

19 Sec Overlay Districts Established I. Established Neighborhood (EN) Overlay District. This overlay district includes performance standards that relate to neighborhoods and principal buildings that were lawfully established prior to the Effective Date of this Code. The standards, regulations, and requirements of this overlay district are set forth in Sec , Established Neighborhoods (EN). A. Purpose. 1. Conformance. This Subchapter provides for the continuation of established neighborhoods that are platted, and buildings and uses within those neighborhoods which are approved or allowed as of the Effective Date of this Code. Notwithstanding that this Code's standards may conflict with the standards (e.g. lot area and width, building area, building height, and setbacks) in effect at the time of the neighborhoods platting and recordation, and the issuance of any building permits, those neighborhoods and buildings within the EN overlay district are deemed "conforming" (rather than legally nonconforming) as of the Effective Date of this Code, and subject to the limitations of Subsection 1(D) below. In particular, within the EN overlay district: 2. Lots that legally existed as of the Effective Date are "conforming" with respect to lot area and lot width. 3. Buildings for which a Final Inspection or Certificate of Compliance has been issued, or which have an active building permit on the Effective Date are "conforming" with respect to building setbacks, height, and lot coverage. B. Administrative Approvals. Within the EN overlay district, building modifications, expansions, or improvements may be made without requiring re-subdivision or a variance. Such modifications, expansions, or improvements may be approved by the Administrator, provided: 1. The modification, expansion, or improvement abides by the platted setbacks or the setbacks applied at the time of subdivision or building permit approval, as applicable; or 2. In instances where proposed improvements are subject to Covenants, Conditions, and Restrictions (CCRs), the Administrator shall defer approval of applicable standards to the designated authority for the CCRs, provided that all proposed standards are not less than those required by the County at the time of Development; or 3. The applicant demonstrates, in writing and with submittal of photographs and/or a site plan, that the proposed adjustment is generally consistent with the prevailing Development of similar use and building types within 1,500 feet along the street frontage(s) (as measured along the centerline) in any direction. If there is no platted lot(s) or Development within 1,500 feet in any direction, building modifications, expansions, or improvements that are greater than 10 percent of the gross floor area than what existed as of the Effective Date may be approved by the Administrator. The burden lies with the applicant to establish the subject building or structure's gross floor area as of the Effective Date. La Plata Land Use Code (LUC) DRAFT Page 19

20 C. No Effect. Within the EN overlay district, this Code does not make the following conforming: 1. A preliminary plat that was approved by the County but for which a final plat was not approved as of the Effective Date; or 2. A final plat that was approved and a final plat was recorded by the County but for which no building permits have been issued as of the Effective Date; 3. A site specific development plan that has expired in accordance with Sec , Vested Property Rights; or 4. Buildings or structures constructed without or in violation of any required permit(s). D. Applicability. 1. Determination of EN Overlay District. A neighborhood shall be included within the EN Overlay District if it: a. Has been officially submitted to and accepted as complete by the County per Sec , Application Completeness Check; or b. Is "vested" according to Sec , Vested Property Rights; and c. Is platted and recorded; or d. Includes four or more lots. 2. Lots and Buildings. Within the EN Overlay District, the provisions of this Section are applicable to Development of individually platted lots that are undeveloped. II. Airport Overlay (AO) District. A. Purpose. An Airport Overlay (AO) District is established to protect the Durango - La Plata County Airport and the Animas Airpark (hereinafter "airport") operations by ensuring that Development within the AO District is compatible with the function and operations of the airport. B. Declaration. In accordance with C.R.S , the Airport is hereby designated by La Plata County as an area of state interest, which is for the purpose of managing the use and Development of land within the areas affecting the Airport and its operations, which are delineated in the Durango - La Plata County Airport Master Plan. The general purposes for the designation is to: 1. Encourage land use patterns for housing and other local government needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and 2. Avoid danger to public safety and health or to property due to aircraft crashes. C. Justifications for State Interest. Airport hazards may endanger the lives and property of airport users, occupants of land, and other persons in its vicinity. Obstructions may also reduce the area available for the landing, taking off, and maneuvering of aircraft, thereby impairing the utility of and public investment in the airport. Accordingly, it is hereby declared that: La Plata Land Use Code (LUC) DRAFT Page 20

21 1. The establishment of an airport hazard is a public nuisance and an injury to the community served by the airport; 2. In the interest of the public health and safety, it is necessary that the establishment of airport hazards be prevented; 3. The prevention of airport hazards should be accomplished using the County s authority to regulate, as provided in C.R.S , Operation of Airports, C.R.S , Removal of Airport Hazards, and C.R.S , Zoning Plan; and 4. In order to provide unobstructed airspace, the County may remove or relocate any airport hazard that may interfere with airport operations, as provided in C.R.S , Removal of Airport Hazards. D. Jurisdiction. The standards, regulations, and restrictions of this Subsection apply to lands within the Zoning District. E. Boundaries. The boundaries of the AO District are in accordance with the Part 77 Airspace Drawings set forth in 6.4 Airspace Plan - Part 77, of the Durango - La Plata County Airport Master Plan, as amended, and as established by the County for the Animas Airpark. F. Disclaimer. The degree of protection provided by this Section is considered reasonable for regulatory purposes and is based on planning, engineering, and scientific methods of study, and in coordination with appropriate Federal agencies. This Section does not imply that areas outside of the airport hazard area will be totally free from aircraft hazards or noise, and, therefore, shall not create a liability on the part of the County, or any of its officers or employees, for any damages resulting from reliance on this Section. G. Required Permit. Before any new use may be constructed or established, and before any existing use may be substantially changed or altered, a permit shall be applied for, considered, and, as appropriate, granted by La Plata County. H. Required Annotations. Applications for Development approval shall depict the boundaries of the AO District and the airspace on or within 1,000 feet of the parcel proposed for Development. I. Permitted Land Uses. The AO District shall permit airport uses, as well as related support facilities and other uses allowed in the FR, AR, BP, and IN Zoning District, provided that such uses, per the recommendation of the Airport Director and determination by La Plata County, are not detrimental or hazardous to the safety of aircraft. J. Use Restrictions. No use may be made of land or water within the AO District in a manner as to: 1. Create electrical interference with navigational signals or radio communication between the airport and aircraft; 2. Make it difficult for aircraft operators to distinguish between airport lights and other lights; 3. Result in glare in the eyes of aircraft operators using the airport; 4. Impair visibility of the airport; or 5. Create a hazard or endanger the landing, takeoff, or maneuvering of aircraft. La Plata Land Use Code (LUC) DRAFT Page 21

22 K. Accessory Facilities. Accessory facilities incidental to the normal operation of an aircraft landing field including, but not limited to, navigational aids, refueling facilities, parking and storage facilities, and offices are allowed. L. Dimensional Standards. The applicable Development standards are those of the underlying Zoning District (s). (Chapter 64, Development and Design Standards) M. Height Limits. Heights of obstructions shall be based on C.F.R. 14 Part 77, Obstruction Standards, as well as Chapter 6.0, Airport Layout Plans (Sheet 09 of 18), of the Durango - La Plata County Airport Master Plan. N. Variances. Any person desiring to erect or increase the height of any structure, permit the growth of a tree, or otherwise use property in a manner inconsistent with this Subsection may apply to the Board of Adjustment (BOA) for a variance. In accordance with C.F.R. 14, PART 77, Subpart B, Notice Requirements, for a height variance within the approach, conical, horizontal, primary, or transitional surfaces, and at the request of the Aviation Director, an application for a variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposed variance on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Under these circumstances, no application for a variance may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Commission and Aviation Director for advice as to the aeronautical effects of the variance. If the Airport Commission and Aviation Director do not respond to the application within 60 days after receipt, the Board of Adjustment may meet to grant or deny the application. A variance shall be allowed only in compliance with state and federal law and where the Board of Adjustment makes a finding that such variance will not create a hazard to air navigation, and that the requested variance fulfills the criteria set forth in Sec , Variance. A variance may be allowed subject to conditions deemed as necessary to effectuate the specific standards of this Code and Title 14, Chapter I, Subchapter E, Part 77 of the Code of Federal Regulations (C.F.R. 14, Part 77). O. Conditions. In granting a permit or variance, the Administrator (permit) or Board of Adjustment (variance) may condition a permit or variance to require the installation, operation, and maintenance of markers and lights as necessary to indicate the presence of an airport hazard. P. Nonconforming Uses and Improvements. Chapter 73, Nonconformities. III. River Corridor (RC) Overlay District. A. Purposes. The purposes of the RC Overlay District are to: 1. Reduce the costs, property damage, and safety threat of flooding by limiting the intensity and proximity of Development near rivers and creeks. 2. Protect public health by providing safe drinking water; 3. Cleanse stormwater runoff by providing a buffer area, or vegetative strips, which act to slow and filter runoff and maintain surface water quality; 4. Protect riparian areas along the rivers and creeks within the County to facilitate: a. Reduction of encroachment to stabilize river banks and reduce erosion, which causes property loss and sediment loading; b. Preservation of specially adapted flora and fauna; and La Plata Land Use Code (LUC) DRAFT Page 22

23 c. Provision of wildlife corridors for larger animals and birds, and as prime winter range for deer and elk. 5. Preserve scenic corridors by limiting building height, impervious cover, and the types and intensities of land uses allowed within the river corridor environs. B. Applicability. The RC district applies to the following river and creek/stream corridors: 1. Animas River; 2. Florida River; 3. La Plata River; 4. Los Pinos River; 5. Lightner Creek; 6. Junction Creek; 7. Vallecito Creek; and 8. Hermosa Creek. C. Jurisdiction. The standards, regulations, and restrictions of this Subsection apply to lands within the RC District. D. Overlay Map. The boundaries of the RC District shall be shown on the Overlay Map. The Overlay Map and its notations, references, and amendments are part of this Code and shall have the same force and effect as the Official Map and the text of this Code. E. Required Annotation. Applications for Development shall depict the boundaries of the RC District on any parcel proposed for Development. F. Permitted Land Uses. The permitted, limited, and special uses allowed within the RC District are set forth in the tables in Sec , Open, Agricultural, and Residential Uses, and Sec , Commercial, Industrial, and Institutional Uses. Any application for Development within the RC District shall be accompanied by plans demonstrating compliance with the applicable standards of this overlay district. G. Development Standards. 1. View Protection. Except for single-family detached dwellings, all structures including single-family attached, multi-family, and non-residential or mixed use buildings shall be screened from view from the river and stream corridors listed above by a Type C bufferyard that is preserved or planted in an informal, "natural" pattern (Sec , Bufferyards). The bufferyard shall not include structures, but the screening effects of topography may be considered in the screening effectiveness of the bufferyard. If it is demonstrated that it is not feasible to screen structures from views within a river or stream corridor due to topography, parcel size and shape, or the scale and bulk of the proposed Development, then, in addition to landscape screening, the impact of the encroachment into the viewshed shall be mitigated using techniques, such as: a. Modulating building planes to minimize the perceived mass; b. Varying the primary building planes; c. Alternating architectural elements and materials; La Plata Land Use Code (LUC) DRAFT Page 23

24 d. Stepping back a structure's stories above the first floor; e. Orienting structures so that the visual impact on views from a river or stream are minimized; or f. Setting the structure back from the top bank of the river the maximum feasible distance after taking into consideration other site factors. 2. Aesthetics. a. The use of reflective surfaces on walls, windows, and roofs that are oriented towards the river or stream shall be avoided or minimized. b. Structures shall use muted earth tone colors that are selected to blend in with the natural background (i.e., surrounding plants, soil, and rocks); and c. Structures shall be designed with features which tend to break up the building mass. 3. Signs. Signs or advertising that is required to have a permit issued by the County shall not be placed within reasonable view from the watercourse, or its top bank, except for pedestrian-oriented signs that may be installed along paths and trails. (Subchapter 70-3, Signs) H. Site Plan. Development within the RC District requires site plan approval. IV. Scenic Overlay (SO) District. A. Purpose. The Scenic Overlay (SO) District is established to conserve environmental resources as necessary to protect the open vistas, the tourism economy, scenic views, and other scenic resources that are of significance to La Plata County residents. B. Applicability. The following designated corridors are subject to the SO district: 1. U.S. 160 from the Western to the Eastern County Boundary; 2. U.S. 550 from the Southern to the Northern County Boundary; 3. C.R. 250 & C.R. 250c from intersection with C.R. 240 to U.S. 550; 4. C.R. 203 from U.S. 550 to U.S. 550; 5. C.R. 204 & C.R. 205 from the City boundaries to the end of pavement; 6. C.R. 501 from the Town boundaries to the end of pavement; 7. Florida Road (C.R. 240 & C.R. 243) / Texas Creek Road (C.R. 245) / C.R. 502 West to its terminus at C.R. 240; 8. La Posta Road / C.R. 213 from the Durango City boundaries to Basin Creek, as amended; and 9. S.H. 141; S.H. 172; and S.H C. Jurisdiction. The standards, regulations, and restrictions of this Subsection apply to lands within the designated scenic corridors. D. Boundaries of SO District. There are primary and secondary scenic viewsheds as follows: La Plata Land Use Code (LUC) DRAFT Page 24

25 1. The primary viewshed is in the foreground on either side of the designated corridors, stretching from the centerline of the roadway to a distance 500 feet on either side of the centerline. All parcels that are within the primary viewshed, in whole or in part, are subject to the SO District standards. 2. The secondary viewshed extends from the primary viewshed for a width and distance proposed by the applicant through site specific and viewshed analyses, and confirmed by the Administrator, that is necessary to protect open, unobstructed views of scenic features including, but not limited to: a. Buildings or structures of historic significance; b. Scenic vistas and mountainous terrain; c. Rolling hills; d. Trees or wooded views; e. Water (rivers, creeks, lakes, waterfalls, ponds, wetlands); and f. Wildlife. E. Overlay Map. The Overlay Map shall denote the primary viewsheds of the above-described corridors. Applications for development within the SO District shall include an application to designate the secondary viewshed(s), for which the dimensions shall be determined by site and viewshed analyses. F. Required Annotation. Applications for Development within the SO District shall depict the boundaries of the primary viewshed and the proposed boundaries of the secondary viewshed(s) on any parcel proposed for Development. G. Permitted Land Uses. The permitted, limited, and special uses allowed within the SO district are set forth in the tables in Sec , Open, Agricultural, and Residential Uses, and Sec , Commercial, Industrial, and Institutional Uses. Any application for Development shall be accompanied by site specific and viewshed analyses, and plans demonstrating compliance with the applicable standards of the underlying Zoning District and the SO District. H. Dimensional Standards. The applicable development standards are those of the underlying Zoning District (s). (Chapter 64, Development and Design Standards) I. Development Standards. To approve Development within the SO district, the Administrator must find that the proposed Development will have no undue, adverse impacts on scenic resources within the SO district, or that such impacts are mitigated by the proposed site design. To the extent practicable, standards include: 1. Existing vegetation is retained and, as needed, supplemented with new plantings compatible with existing vegetation to screen structures and minimize impacts on views; 2. New driveways, roads, and parking areas are: a. Sited away from open fields; b. Follow existing contours to minimize the visual impact of cut and fill; and La Plata Land Use Code (LUC) DRAFT Page 25

26 c. Are visually screened and sited in such way that agricultural resources are not fragmented or otherwise impacted; 3. Wetland and riparian vegetation shall not be disturbed, or mitigated at a 1:1 ratio during Development; 4. Structures are designed and sited so that the visual impact is minimized through means such as: a. Locating structures such that their profiles will not visually exceed the height of any land or tree line serving as the structures' backdrop; b. Setting back structures proposed near high points, outcroppings, or prominent knolls to provide sufficient area to allow for additional screening; c. Limiting the height of structures so as not to obstruct or interfere with viewsheds or break the plane of the horizon; d. Locating structures behind trees and landscaping to provide visual breaks to any structures' facade when viewed from points along the public right-of-way, and otherwise avoiding long, unbroken planes of structure frontage; e. When building on slopes, setting structures into the topography using partial earth sheltering, e.g. building multi-level structures with entrances on more than one level (i.e. walkout basement, garages under buildings, etc.); f. Avoiding monotonous roof planes; g. Situating in proximity to existing structures when applicable; h. Use of non-reflective surfaces and shielded outdoor lighting fixtures to limit the visibility of Development from offsite; i. Using natural colors and materials that are compatible with surrounding natural environs and structures; or j. Using materials that minimize glare from reflective surfaces or siting so that glare is not visible from within the viewsheds. J. Means of Development. 1. Alternative Development. For each of the residential districts as identified in Table , Agricultural and Residential Zoning Districts, there are alternative options for clustered or planned development. Those options enable Development of equal or greater density to be clustered in a manner by which views may be preserved. Density bonuses are available as an incentive to exercise those options. 2. Site Plan Required. Development within the SO District requires site plan approval. V. Transition Area (TA) Overlay. A. Purpose. These standards are to facilitate the transition of Development in the Joint Planning Area designated by the Inter-Governmental Agreement (IGA) between La Plata County and the City of Durango. These areas are within the County, but are also within statutorily permitted planning areas of the City of Durango, which may be subject to annexation and/or the provision of public services. These standards are designed to La Plata Land Use Code (LUC) DRAFT Page 26

27 address Development of higher-intensity uses in areas transitioning from rural or suburban or semi-urban character. B. Applicability. The standards in this Subsection are in addition to all other applicable standards, regulations, and restrictions of this Code. C. Boundary. The areas that are subject to these standards are those designated by the Board through adoption of the Transition Area (TA) Overlay District. D. Required Annotation. Applications for Development shall depict the boundaries of the TA District on any parcel proposed for Development. E. Permitted Land Uses. The permitted, limited, and special uses allowed within the TA overlay district are set forth in the tables in Sec , Open, Agricultural, and Residential Uses, and Sec , Commercial, Industrial, and Institutional Uses. F. District Equivalency. The relationship between the City's zoning districts and the County's Zoning Districts are set forth in Table , City-County District Equivalency: City of Durango Zoning Districts Open Space Rural / Agriculture Rural / Agriculture Rural / Agriculture Residential Low Residential Medium Residential High NA Commercial General Commercial Regional Mixed Use Business Park / Campus Light Industry Public Table City-County District Equivalency La Plata County Zoning Districts Conservation - Open Space Agriculture - Farm & Ranch Agriculture - Residential Rural Residential Suburban Residential Semi-Urban Residential Urban Residential Agricultural Commercial Suburban Commercial Auto-Urban Commercial Mixed Use Business Park Industrial Public - Community Facilities Classification G. Development Standards. 1. Roads, Drainage, Access, Surface Material, and Dedications. a. Roadway classifications and cross-sections shall comply with the standards outlined in Table , Road Cross-Sections Design Criteria. Maximum Average Daily Traffic (ADT) Lane Widths (2) Paved Travel Lane Turn Lane Table Road Cross-Sections Design Criteria Shoulders (2) Curb and Gutter Required Surface Width Sidewalk Required Landscape Buffer (2) Minimum Maximum Right-of-Way Grade Arterial NA 12' 11' 5' Yes 45' Yes 5' 80' 8% Collector 2,499 12' 11' 4' Yes 43' Yes 5' 70' 8% La Plata Land Use Code (LUC) DRAFT Page 27

28 Classification Maximum Average Daily Traffic (ADT) Lane Widths (2) Paved Travel Lane Turn Lane Table Road Cross-Sections Design Criteria Shoulders (2) Curb and Gutter Required Surface Width Sidewalk Required Landscape Buffer (2) Minimum Maximum Right-of-Way Grade Major Local ' NA 4' No 30' No NA 60' 8% Minor Local ' NA 2' No 26' No NA 60' 10% Low Average Daily Trips (ADT) Alleys, Emergency Access NA - Not Applicable 48 10' NA NA No 20' No NA 60' 10% NA NA NA NA No 20' No NA 20' 10% b. The Public Works Director may issue a director determination letter granting a waiver to the standards identified in Table , Road Cross-Sections Design Criteria, for roads within the La Posta Road Area District boundaries, so long as the proposed design is consistent with the road design criteria identified in the La Posta Road Area District Plan and does not present potential health, safety, or welfare risks to the public. c. Grass swales shall have a maximum 4:1 side slope. d. Curbs shall have intermittent cuts to relieve drainage to the grass swales. e. Horizontal and vertical alignment shall be in accordance with this Code. f. Roads shall be designed with a cross slope of two percent from the crown to the edge of the surface with a maximum super elevation of two percent. g. Turnouts shall be required at fire hydrants for all roads with a surface width of less than 26 feet. Turnouts shall be required every 800 feet for all roads with a surface width of less than 26 feet; however, after receipt of comment from the applicable Fire District, the Public Works Director may reduce the number of required turnouts. Required turnouts shall have a surface designed to support 60,000-pound vehicles, be 60 feet in length, and provide 26 feet in surface width with reasonable tapering. h. Major local roads, minor local roads, and low Average Daily Traffic (ADT) roads may include grades of up to two percent greater than those noted in Table , if warranted, based on alignment, length of segment, terrain, or sun exposure, and approved in writing by the Public Works Director. The Public Works Director shall seek comment from the applicable Fire District prior to allow a greater grade. Such grade shall not exceed the maximum standard identified in Table for a consecutive length of no greater than 200 feet. i. Roads and alleys shall be constructed and surfaced with an all-weather, paved surface, such as concrete, asphalt, or other similar surface, as outlined in the design and construction standards adopted by the nearest incorporated municipality (Durango, Bayfield, or Ignacio). Where the applicable municipality does not have a standard, roads shall be installed and surfaced as outlined in the current CDOT Road Design Manual (M&S), and as approved by the Public Works Director. j. Alleys shall have a minimum paved width of 20 feet and be graded to drain. La Plata Land Use Code (LUC) DRAFT Page 28

29 k. Roads, alleys, non-vehicular traffic improvements, required drainage facilities, and traffic signs shall be maintained by the property owner, or other legal entity responsible for such facilities and improvements, in good condition, free of weeds, trash, and debris. l. The gradient within 100 feet of any street intersection shall not exceed five percent. Every effort shall be made to keep grades at street intersections as flat as possible. The required sight distances as outlined by this Code shall be provided in all cases. m. The Public Works Director may require more stringent widths and grades upon a determination that such grades or widths are warranted considering safety, topography, cross-section, drainage, snow storage, maintenance, or other sitespecific conditions. n. An appropriate transitional roadway plan shall be provided where a roadway is proposed to connect to a facility under the jurisdiction of an adjoining municipality and there is variation between the municipality's cross-section and the cross-section outlined in this Section. The proposed transitional roadway plan shall be reviewed by the adjoining municipality and a determination on the adequacy of the transitional plan shall be made by the Public Works Director. The transitional plan shall be deemed adequate if the transitional cross-section meets the minimum standards provided for in this Section and allows for a safe and appropriate transition to the municipal facility. o. Dead-end roads shall contain a turnaround that complies with the design standards in Figure , Cul-De-Sac Standards. The Public Works Director may approve an alternative design if it accommodated the safe turnaround of a vehicle that is 30 feet in length. A Colorado licensed engineer shall certify the design and construction of the turnaround area. The applicable Fire District and adjacent municipality, if applicable, shall provide comment on the adequacy of the design of the turnaround prior to the Public Works Director's approval. Figure Cul-De-Sac Standards 2. Drainage. a. Drainage for arterials, collectors, and major local roads shall be designed with curb and gutter and intermittent curb cuts to spill street flow into grass swales. La Plata Land Use Code (LUC) DRAFT Page 29

30 Drainage for minor local roads, low Average Daily Traffic (ADT), and cul-de-sac, alley, and emergency roads may be designed solely utilizing grass swales. b. Grass swales shall be designed based on the current version of Urban Drainage and Flood Control District Criteria Manual Volume 3 for design of grass swales. c. The drainage system (curb and gutter and grass swales, or grass swales alone) shall be designed such that the 10-year storm design event is contained below the top of the curb with all travel lanes remaining open. d. The drainage system (curb and gutter and grass swales, or grass swales alone) shall be designed such that the 100-year storm design event can pass with a minimum of one travel lane remaining open. e. Grass swales shall be designed with a surface that will remain stable in the 100- year storm event. f. When the combined flow from intersecting streets cause the allowable crossstreet flows to be exceeded, flows shall be intercepted upstream of the intersection and routed appropriately. g. Roads and grass swales shall be designed with continual fall and nominal ponding. h. A storm drain system may be developed in lieu of swales. In such cases, an adjoining municipality or special district must provide written comment that the storm drain plans comply with their respective standards. Connection to the storm drain system shall occur prior to plat recording or permit issuance. 3. Road Connectivity and Access. a. New roads or road alignments, including street stubs/stub outs, shall connect to adjacent public roads or public rights-of-way, when such public roads or public rights-of-way exist, or are included in an approved plan. b. New Development shall have a secondary access or an emergency access from a public road as outlined in Table , Secondary and Emergency Access, below. The primary access to a Development shall meet the applicable county road standards, including any off-site portions of the road until it intersects the nearest county road or state highway. c. Upon consideration of written recommendations from the Public Works Director and applicable Fire District, exceptions to the requirements in Table , Secondary and Emergency Access, may be granted by the Board. An exception may be granted upon a finding that: i. Topography challenges or other site-specific constraints prevent compliance with the requirements; ii. Adequate fire mitigation measures exist, such as defensible space, on-site water supply for fire-fighting purposes, internal sprinklers, additional road width, or fire-resistant construction materials; and iii. The granting of the exception would not be detrimental to the health, safety or welfare of the public. The Board may limit the extent of the exception to La Plata Land Use Code (LUC) DRAFT Page 30

31 the degree necessary to ensure protection of the public health, safety and welfare. d. Maximum length of dead-end roads shall not exceed 500 feet when serving 160 or more ADT, or 1,000 feet when serving fewer than 160 ADT. e. Gated subdivision roads and accesses may be considered within a project when both the applicable Fire District, and Public Works Director approve their design, specifically considering public safety for pull-outs along travel lanes and effective accessibility for emergency vehicles (via use of Knox Box or other uniform devices/methods). Number of ADT Less than 200 Table Secondary and Emergency Access Secondary or Emergency Access Required None ' wide emergency access road Greater than ' wide secondary ingress/egress 4. Parking, Roadway, and Driveway Surface Material. a. All driving surfaces shall be graded for adequate drainage and surfaced with an all-weather, paved surface, such as concrete, asphalt, or other similar surface approved by the Public Works Director. Permeable pavement is allowed on internal surfaces, subject to written approval by the Public Works Director. Gravel surfaces, including surfaces treated with dust retardants, are not allowed unless used as an acceptable alternative for emergency access roads, with the approval of the Public Works Director. b. Paving requirements may be waived by the public works director for emergency access, when the road is constructed with an all-weather surface material designed to support 60,000-pound vehicles, have a minimum surface width of 20 feet, and include reasonable edge tapering. 5. Dedications. a. Public Road Dedication. All roads and rights-of-way shall be dedicated for public use and shall authorize the use of the rights-of-way for all public uses, including, but not limited to, vehicular, pedestrian, bicycle, and utility use. b. Right-of-Way Width Dedication. When required, the applicant shall dedicate rights-of-way for the entire length of the existing rights-of-way frontage or future rights-of-way within the boundaries of the Development. The minimum rights-of-way are identified in Table , Road Cross Sections Design Criteria, and the amount of rights-of-way dedicated shall be adequate to address future growth as contemplated in the applicable district plan. The determination of the amount of required dedication shall take into consideration existing topography constraints and road design and may not equally burden adjacent parcels due to such factors. If a governmental entity is responsible for maintenance of the rights-of-way, such rights-of-way shall be deeded in fee to the governmental entity at the time of the project approval or at such time the governmental entity assumes maintenance responsibility. La Plata Land Use Code (LUC) DRAFT Page 31

32 6. Outside Storage. a. Movable storage structures, including, but not limited to, zircons and trailers, shall be allowed if they are determined compatible through an approved land use permit. Temporary movable storage structures that are not included in an approved land use permit shall be allowed on a site for up to 30 days without County approval. b. Notwithstanding the provisions of Sec , Temporary Use Standards, Outside storage of items such as merchandise, building materials, tools of trade, or inoperable items (e.g., household appliances, vehicles, refuse) shall be allowed for a period of no more than 30 or more consecutive days without County approval. The storage of building materials for on-site construction that is in compliance with the County building code shall be allowed for more than 30 days without county approval. 7. Outdoor Lighting. a. Exceptions. The following shall be exempted from outdoor lighting regulations: 1. Lighting for holidays; and 2. Lighting required by law. b. Light Trespass. Exterior lighting shall not be the cause of light trespass, as provided below: 1. Light that trespasses onto public rights-of-way shall not exceed one and one-half foot-candle (fc) as measured from the lot line; 2. Light that trespasses onto an adjacent property shall not exceed eight-tenths foot-candle (fc) as measured from the lot line; and 3. Light trespass is measured by vertical readings in foot-candles (fc) at the brightest point on the lot line. c. Shield Against Uplight. Unless otherwise stated in this Section, uplighting from all lights (including street lighting) shall be avoided by using shields. Full cutoff shields may be used unless a particular shield is specified for a particular use as stated within this Section. d. Glare. To reduce glare, the point source of light shall not be visible beyond any lot line on which the light is located. e. Reduced Lighting with Reduced Activity. Outdoor lighting, except security lighting and lights illuminating commercial signs, shall be extinguished at the close of business operations, or by 9:00 p.m., whichever is later and shall remain extinguished until two hours prior to resuming business operations. f. Replacement of Fixtures. If an existing light fixture is removed, it shall be replaced with a conforming light fixture. g. Maintenance of Fixtures. Lighting shall be maintained by the property owner or other legal entity responsible for such facilities and improvements in functioning condition, as initially approved and intended La Plata Land Use Code (LUC) DRAFT Page 32

33 8. Landscaping. a. A scaled landscape plan shall be submitted and shall include the following minimum requirements: 1. A five percent minimum area of the total subject parcel(s) associated with a project shall be landscaped. Abutting unimproved portions of public rightsof-way may not be contributed to this minimum area; 2. When located adjacent to an arterial, collector, major local or minor local road, trees must be planted along all frontages a minimum of two feet from any street curb or pavement edge; 3. Planning of any landscaping shall be designed with consideration toward existing or proposed underground utilities; 4. Landscaping may not create visual obstructions to motorists or pedestrians; 5. All unimproved, open areas shall either be planted, or otherwise protected from erosion and dust; and 6. Required plant materials shall meet the following standards: i. Plants shall be nursery-grown and adapted to the regional climate, preferably native and drought-tolerant. Grass seed, sod, and other ground cover material must be clean and reasonably free of weeds and noxious pests and insects. Artificial plants or vegetation are precluded and may not be used to meet any standards of this Section; ii. Trees planted to satisfy the standards of this Subsection must contain a two-inch minimum caliper, measured 12 inches from the base of trunk or top of planting root ball; iii. When used for screening purposes, shrubs must have a minimum container size of five gallons; iv. Ground cover plants intended to satisfy the standards of this Subsection must have a minimum container size of one gallon. Ground cover plants used in lieu of grasses, in whole and in part, shall be planted in such a manner as to present a finished appearance and reasonably provide coverage of the entire planted area within one year from initial planting; and v. Xeriscaping may be used to fulfill requirements identified within this Subsection. When xeriscaping 75 percent or more of the landscaped area of a project, landscape irrigation requirements may be reduced. Plant materials, as identified by the Colorado State University Extension Office Xeriscaping Fact Sheet, in conjunction with best practices of xeriscape principles, shall be accepted for purposes of this Subsection. 7. Ongoing maintenance shall occur for all required landscaping, including the replacement of dead or unhealthy plantings. Landscaping shall be maintained by the property owner or other legal entity responsible for such plant materials as required and/or approved. La Plata Land Use Code (LUC) DRAFT Page 33

34 9. Water Supply. All water facilities shall be installed in accordance with the standard drawings and construction specifications on file with the service provider. 10. Sanitary Sewer. All wastewater facilities shall be installed in accordance with the standard drawings and construction specifications on file with the service provider. Sec Official Map and Overlay Areas I. Generally. A. Land Use Plan. In accordance with C.R.S and C.R.S , a Land Use Plan, adopted by resolution of the Planning Commission and certified to the Board, shall be a composite of the District Plans, as amended from time to time. The Land Use Plan shall be amended as part of the Comprehensive Plan, each of which shall be consulted as an advisory document for guidance in making decisions as to the establishment or reestablishment of Zoning District. B. Zoning Plan. In accordance with C.R.S , a zoning plan for the Zoning District is hereby established. Upon adoption, the zoning plan shall thereafter be referred to as the Official Map, or in the instance of the overlay districts, the Overlay Areas, together with the text of this Code. II. III. IV. Force and Effect. The Official Map and Overlay Areas and all their notations, references, and amendments are part of this Code and shall have the same force and effect as the text of this Code, maintained by the Administrator, or the Administrator's designee. Map Amendments. Any amendment to the Official Map or Overlay Areas shall be certified as set forth in C.R.S Furthermore, amendments shall include the legal description of the land involved, and shall be promptly and permanently noted on the face of the maps in the custody of the Administrator, or a designee. Criteria for Interpreting the Official Map and Overlay Areas. Where the Official Map or Overlay Area appears to be unclear regarding the location of Zoning District or Overlay District boundaries, the Administrator, or the Administrator's designee, shall make a determination using the following criteria: A. Resolutions. Where the Official Map or Overlay Areas are unclear as to the Development or Overlay District designation(s) of a property or properties, the resolution(s) adopting the Zone or Overlay District shall be used in the order they were adopted. If the resolution is unclear, the provisions below shall be used to determine the appropriate district or districts for a property. Otherwise, district boundaries may be determined through by a director determination, subject to appeal. B. Rights-of-Way or Easements. Where boundary lines appear to follow existing roads, alleys, railroad tracks, irrigation ditches, utility lines, or similar features, the district boundary shall be construed to follow the center line of the rights-of-way or easement of such features. Where the location of those features on the ground differs from that shown on the Official or Overlay Maps, the features on the ground shall control. La Plata Land Use Code (LUC) DRAFT Page 34

35 C. Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries. D. Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of irrigation ditches, rivers, creeks, water bodies, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such creeks or other watercourses, the Zoning District or Overlay District boundary shall be construed as moving with the channel shoreline or centerline. E. Un-subdivided Land or Where There Are No Identifiable Features. On un-subdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules: 1. Legal Description. The boundary shall be according to the legal description in the resolution establishing the Zoning District or Overlay District boundaries; or 2. Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Official Map or Overlay Areas, if any; or 3. Map Scale. The boundary shall be located using the map scale appearing on the Official Map or Overlay Area. F. Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall follow contour or elevation lines at the elevation above sea level indicated on the official Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as currently promulgated by the Federal Emergency Management Agency (FEMA). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation. G. Vacation or Abandonment. Where a right-of-way is officially vacated or abandoned, the regulations applicable to the abutting property or properties apply equally to the vacated or abandoned right-of-way. H. Designation of Un-Designated Land. In the Rural Non-District Areas, there are no Zoning District or Overlay District boundaries. If an area is designated for one or more Zoning District or Overlay Districts, the boundaries of such districts shall be as determined by the resolution establishing such Zoning or Overlay District(s). V. Determination of Critical Land Boundaries. Determination of critical land boundaries shall be made using the planning maps of La Plata County. These maps shall be prepared in accordance with information supplied by the agencies responsible for the technical information, and shall be used in the review process. Once the Administrator, or a designee, determines that a Development is wholly or partly within identified critical lands, the burden of proof that a site is not within critical lands shall fall to the applicant. Sec Zoning District Re-Designation I. Generally. The Planning Commission may recommend and the Board may approve a change in a Zoning District designation from one Zone to another if they determine that the redesignation will be in the public interest and that it meets the criteria of this Section. La Plata Land Use Code (LUC) DRAFT Page 35

36 II. III. Purpose. The purpose of these criteria is to aid the Planning Commission and Board in their review, consideration, recommendation, and/or approval of a requested re-designation. The following findings are to be used in concert with the adopted Land Use Plan, Comprehensive Plan, and the Official Map and Overlay Area designations in determining the suitability and appropriateness of the proposed change in District designation. Findings Required. After the Effective Date of this Code, a finding of compliance with the criteria of this Section is required for approval of applications for re-designation. A. Consistency with Plans. The proposed re-designation shall be in accordance with the goals, objectives, and policies of the Comprehensive Plan, the respective District Plan(s), or other plans or studies, as applicable. Goal and policy statements of applicable plans may be cited by the Planning Commission or Board as reasons for supporting, denying, or conditioning approval of a request. The most recently adopted plans shall have priority to the extent of any apparent conflict with older plans that are not superseded. B. Observance of Public Safety. The proposed Zoning District re-designation shall not promote intensification of Development in locations not designated for such intensification by a District Plan or the Land Use Plan, as applicable, or that would result in a material reduction of public safety due to factors such as roadway level of service, traffic safety, access for emergency response, increased fire risk, or other natural hazards. Such public safety factors shall be clearly articulated as reasons for supporting, denying, or conditioning approval of a request. Reasons may include, but are not limited to: 1. The proposed re-designation and the by-right Development within the proposed district(s) is forecasted to increase the Average Daily Traffic (ADT) to a volume that exceeds the capacity of the existing roadway according to the Highway Capacity Manual, as amended; reduces the level of service (LOS) of the adjacent roadway(s); or exceeds an established threshold of traffic safety as determined by the National Highway Traffic Safety Administration (NHTSA) given existing or improved roadway conditions; 2. The cited roadway deficiencies will not be corrected by proposed roadway or traffic safety improvements; 3. The geometry of the roadway is deficient in one or more ways due to its alignment, profile, or cross-section; 4. The proposed re-designation would allow Development in an area of high risk for fire by way of its location relative to natural fuels, limited access, prevailing winds, or other factors that elevate risk even when mitigated by site or subdivision design; 5. The property proposed for designation is in an area of increased risk due to limitations of emergency response, lack of adequate water supply necessary to meet industry-standard fire flows according to the National Fire Protection Association (NFPA), limited access for emergency response apparatus, or other limiting factors; 6. The property proposed for designation is, in part or in whole, within a floodway or a floodplain that is susceptible to flooding and a risk for loss of life or property; 7. The property proposed for designation is prone to severe geologic hazard and the risk of structural failure, or a potential risk to roads, lots, or other Development; or 8. Other clearly articulated conditions or considerations cited by professional staff or consultants. La Plata Land Use Code (LUC) DRAFT Page 36

37 C. Standards Applicable to all Zoning Districts. With the exception of the CO and FR Districts, the following standards apply for all Zoning District re-designations: 1. The applicable District Plan, as amended, and the adopted land use plan designate the general land use types and their densities (residential) or intensities (nonresidential) of Development. 2. The proponent of the proposed re-designation can demonstrate that the subject area has: a. Sufficient water supply for any proposed project, including, when applicable, construction of a safe yield analysis that are not served by a third-party supplier which has a current safe yield analysis on file with the Department; b. An adequately-designed wastewater system, reviewed as follows: i. By the San Juan Basin Health Department (SJBHD) for an On-Site Wastewater Treatment System (OWTS) with a design capacity less than or equal to 2,000 GPD, including all permits, performance, location, construction, alteration, installation, and use; or ii. By Colorado Department of Public Health and Environment (CDPHE) for an OWTS with a design capacity greater than 2,000 GPD, including: I. Site location and design approval in conformance with C.R.S ; and II. Discharge permit requirements in conformance with the Water Quality Control Act (C.R.S , et. seq). c. Access to County or State roads that have adequate capacity according to the Transportation Research Board's Highway Capacity Manual, as amended, for the proposed designation; and d. Access to emergency services within a response time that complies with National Fire Protection Association (NFPA) 1720, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations and Special Operations to the Public by Volunteer Fire Departments. 3. The Zoning District re-designation will not unreasonably exacerbate the cost of service delivery to the County or its service providers. 4. On property that is within three miles of the municipal boundaries of Durango, Bayfield, or Ignacio and within their effective areas of service, provided that: i. The property owner has recorded and executed a consent to annex the parcel(s) proposed for Development; or ii. In the case of Durango, the Joint Planning Commission finds that there is a reasonable probability that annexation will occur in a timely manner. D. Three Mile Areas. Changes in the Zoning District designation within three miles of the municipal boundaries of Durango, Bayfield, or Ignacio shall not create or exacerbate a pattern of Development which interferes with the expansion of municipal boundaries and the orderly growth of the municipalities. Such determination shall be made, in writing, by the municipal staff in accordance with the municipalities' Comprehensive Plan and its La Plata Land Use Code (LUC) DRAFT Page 37

38 maps and policies; conformance, conditioned conformance, or non-conformance with the adopted land use plan, infrastructure plans, capital improvement program; and/or policies cited in an adopted plan or study. IV. Findings Required for Re-Designation of Individual Zoning Districts. In addition to the findings applicable to all Zoning District (Sec III), a finding of compliance with the applicable standards of this Subsection is required for approval of applications for redesignations to the respective Zoning District. A. Conservation / Open Space (CO). The CO designation shall be the principal designation within the Timber, Recreation, and Wildlife categories of the District Plans. Land shall not be designated as CO unless one or more of the following apply: 1. The land is publicly-owned; 2. The land is subject to a conservation easement that supports the purposes of the CO designation; 3. The land is within a Scenic Overlay (SO) district; 4. The land is dedicated as an open space set-aside to meet the minimum common open space standards set forth in Table , Residential Zoning District Standards; or 5. The owner consents to the designation and will use the land in accordance with the purposes of the CO designation. B. Agriculture / Farm and Ranch (FR). The FR designation shall apply only in the following areas: 1. Where large-scale agriculture, ranching, forestry, and other practices of farming are conducted, including cultivation of the soil for the growing of crops and the rearing of animals to provide food and other products; 2. Where land Development is not suitable due to: i. The traffic capacity of County or State roads is inadequate per the Transportation Research Board's Highway Capacity Manual; ii. An onsite wastewater treatment systems (OWTS) does not exist to meet the standards set forth in Subsection C(3)(b), above; or iii. There is no physically and legally available water for domestic or industrial uses; 3. Areas eligible for Development include the "growth hubs" designated in the Comprehensive Plan 4. Where extremely low residential densities are necessary to protect the integrity of agricultural lands, natural resources, and other critical areas, and because the water supply for domestic or industrial uses is not physically or legally available or does not produce a safe yield. 5. Where Development will not materially interfere with agricultural lands or operations and the use of public infrastructure for agricultural purposes (e.g., trucks, machines, etc.) is not materially impeded; and La Plata Land Use Code (LUC) DRAFT Page 38

39 6. Where Development will not exacerbate the cost of service delivery to the County or its service providers. C. Agricultural Residential (AR). The AR designation shall apply only in the following areas: 1. Where agriculture, ranching, forestry, and comparable pursuits that depend upon the productivity of the land occur or are practicable at a smaller scale than in the FR district; 2. Where residential tracts on large acreages and at very low densities do not exceed the capacities of rural roads or create adverse impacts on service providers; 3. Where very low residential densities are viable and necessary to support the agricultural operations or other industries without causing nuisance conditions; and 4. Where there is a physical and legal supply of available water or does not produce a safe yield for domestic purposes. D. Rural Residential (RR). The RR designation shall apply only in the following areas: 1. Where equestrian, large-lot, and conservation-oriented residential Development will not materially interfere with agricultural lands or operations; 2. Where land designated for rural residential use will not fragment agricultural lands in a manner that will individually or cumulatively compromise their functions or operations; 3. Where the design and construction of conservation developments protect natural resources and agricultural lands through the preservation of common open space and use of good land planning and engineering design practices; 4. Where the use of clustering with a high percentage of common open space allows for productive use and may improve compatibility with adjacent and nearby agricultural lands and operations; 5. Where roads are adequate, or will be adequate at the time impacts are realized, to serve low density residential and agricultural land users; and 6. Where Development fulfills the standards applicable to all Zoning District set forth in Subsection IV.C. above. E. Suburban Residential (SR). The SR designation shall apply only in the following areas: 1. Those that fulfill the standards applicable to all Zoning District set forth in Subsection IV.C., above; 2. For areas within three miles of the municipal boundaries of Durango, Bayfield, or Ignacio, the SR designation is consistent with the municipalities' land use plans and their plans for annexation, in the determination of the La Plata County / Durango Joint Planning Commission, or as established in writing, by the Planning Commissions of Bayfield or Ignacio; and 3. Where there are existing subdivisions with "Suburban Residential" character (generally lots with consistent standards to those of the SR Zoning District) that are not built out on the Effective Date of this Code, or there are opportunities for additional Development that may fulfill these or the general criteria of this Section. La Plata Land Use Code (LUC) DRAFT Page 39

40 F. Semi-Urban Residential (SU). The SU designation shall apply only in the following areas: 1. Those that fulfill the standards applicable to all Zoning Districts set forth in Subsection IV.C., above; 2. Where a planned mixed-use Development is proposed in which all services are provided internal to the Development or through Development Agreements approved by the County; and 3. Where there are existing subdivisions with "Semi-Urban Residential" character (generally lots with consistent standards to those of this designation) that are not built out on the Effective Date of this Code, or there are opportunities for additional Development that may fulfill these or the general criteria of this Section. G. Urban Residential (UR). The UR designation shall only apply in areas that have adequate public infrastructure systems, including water and wastewater systems and roadways built to urban standards, and fulfill the standards applicable to all Zoning Districts set forth above. Additionally, such development by way of its density must be situated such that impacts on adjacent properties and on the roadway system are sufficiently mitigated. H. Agricultural Commercial (AC). The AC designation shall apply only in the following areas: 1. Those that fulfill the standards applicable to all Zoning Districts set forth in Subsection IV.C., above; 2. Where the property is designated Agricultural / Farm & Ranch (FR) or Agricultural Residential (AR); 3. The property has direct access to a State roadway or a County-designated collector or major or minor arterial roadway; and 4. The subject Development has a Type B bufferyard when adjacent to or directly abutting any residential land use or Zoning District (Sec , Bufferyards). I. Suburban Commercial (SC). The SC designation shall apply only in the following areas; 1. Those that fulfill the standards applicable to all Zoning Districts set forth in Subsection IV.C., above; 2. The subject Development is within or directly adjacent to a Suburban Residential (SR) or Semi-Urban Residential (SU) district; 3. The property has direct access to a State roadway or a County-designated collector or major or minor arterial roadway; and 4. The subject Development has a Type B bufferyard when adjacent to or directly abutting any residential land use or Zoning District (Sec , Bufferyards). J. Auto-Urban Commercial (AU). The AU designation shall apply only in the following areas: 1. Those that fulfill the standards applicable to all Zoning District set forth in Subsection IV.C., above; 2. The subject Development is within or directly adjacent to a Semi-Urban Residential (SU) designation; 3. Those within or immediately abutting an existing unincorporated population or employment center; La Plata Land Use Code (LUC) DRAFT Page 40

41 4. A parcel that contains an existing commercial use that may be expanded to include the proposed uses; 5. The property has direct access to a State roadway or a County-designated collector or major or minor arterial roadway; 6. The subject Development has a Type B bufferyard when adjacent to or directly abutting any residential land use or Zoning District (Sec , Bufferyards); and 7. In other locations where commercial uses are needed to serve the local population, except in a manner which results in sprawling commercial / retail strip Development along County, State, or Federal highway corridors in the unincorporated areas. K. Mixed-Use (MU. The MU designation shall apply only in the following areas: 1. Those that fulfill the standards applicable to all Zoning Districts set forth in Subsection IV.C., above; 2. Where the property proposed for Development has direct access to a State roadway or a County-designated collector or major or minor arterial roadway; 3. Where the Development may be designed to mitigate the impacts of such intense Development on adjacent and abutting properties, including: a. Independent access to the Development that does not traverse or negatively impact existing Development; and b. Site topography that separates or screens the Development from adjacent lower intensity land uses, or c. Where Type C bufferyards may be used to visually screen the Development from residential Development. L. Business Park (BP). The BP designation shall only apply in areas that have, or will have at the time impacts are realized, public infrastructure systems, including water and wastewater systems and roadways built to adopted standards, and fulfill the standards applicable to all Zoning Districts set forth in Subsection IV.C, above. Additionally, such Development, by way of its intensity, must be situated such that impacts on adjacent properties and on the roadway system are sufficiently mitigated. M. Industrial (IN). The IN designation shall apply only in the following areas: 1. Those that fulfill the standards applicable to all Zoning Districts set forth in Subsection IV.C., above; 2. Those properties for which it can be demonstrated, or will be demonstrated at the time impacts are realized, that they have adequate, public infrastructure systems for high-demand users of water, pre-treatment of wastewater, and heavy truck traffic; 3. Where a parcel that contains an existing industrial use that may be expanded to include the proposed use(s); 4. Where the property has direct access to a State roadway or a County-designated collector or major or minor arterial roadway; and La Plata Land Use Code (LUC) DRAFT Page 41

42 5. Where the industry or industrial park may implement mitigation measures to address the impacts of such intense Development on adjacent and abutting properties, including: a. Independent access to the industry that does not traverse existing Development; b. Placement of outdoor storage areas to the side or rear of the property, away from public road right-of-way or toward the interior of an industrial park; c. Wetlands, rivers and creeks, and their riparian areas, as well as drainage channels and other stormwater conveyance systems; and d. Site topography that separates or screens the industrial Development from adjacent lower-intensity land uses, or e. Where bufferyards may be used to visually screen the Development from single family Development. Subchapter 63-2 Land Uses Established Sec Purpose and Applicability I. Generally. The purpose of this Subchapter is to set forth the uses of land and designate where each use is allowed or precluded in each Zoning District. Accessory and temporary uses are also designated. II. Applicability. Allowable Land Uses. This Subchapter establishes the land uses that are allowed for each of the Zoning Districts. III. Land Use / Zoning District Matrices. The matrices in the tables that follow designate the land uses that are permitted as-of-right ("permitted"), permitted subject to special standards ("limited use") or processes ("special use"), or "precluded". The matrices also outline the districts within which accessory and temporary uses are allowed. (Subchapter 63-4, Temporary Uses and Special Events) The matrices are organized into the following land use categories: A. Table , Open, Agricultural, and Residential Uses, including: 1. Farm and Ranch; 2. Residential; 3. Commercial Use of the Home; and 4. Outdoor Recreation Uses. B. Table , Commercial, Industrial, and Institutional Uses, including: 1. Institutional; 2. Commercial; 3. Marijuana and Industrial Hemp; 4. Indoor Recreation; and 5. Industrial, Utility, and Transportation Uses. La Plata Land Use Code (LUC) DRAFT Page 42

43 C. Accessory Uses and Buildings. IV. Legend. A. "P" means "Permitted", subject to conformance with all requirements of this Code. B. "L" means "Limited Use", subject to Administrator review for compliance with the standards set forth in Subchapter 63-3, Special and Limited Uses. Any application for a limited use shall be accompanied by sufficient plans or written detail to confirm compliance with the applicable standards. C. "S" means "Special Use Permit (SUP)", which may be approved following a public hearing and compliance with the requirements set forth in Subchapter 63-3, Special and Limited Uses. D. "X" means that the use is "Precluded" in the specified Zoning District or Rural, Non- District Areas. E. "T" means that the use is a "Temporary Use", subject to Administrator review for compliance with Sec , Temporary Use Standards. F. "A" means "Accessory Use", which is subject to an administrative permit for compliance with the standards set forth in Sec , Accessory Uses and Buildings. The land uses displayed may be a permitted, limited, or special use in certain districts, while being accessory use in other districts. V. Uses Not Listed. A. Authorization of Proposed Use. If a proposed use is not specified in the matrices, the Administrator shall determine whether the proposed use is either a subcategory of, or functionally similar to, a permitted, limited, special, or precluded use. Upon such determination, the Administrator shall either: 1. authorize the proposed use and apply all standards applicable to the use; or B. or prohibit the use, if determined that it is not a subcategory of, or functionally similar to, a permitted, limited, or special use, treating the use in the same manner as a precluded use. Board of Adjustment Determination. The Administrator may forward, or the applicant may submit a written request for review of, the Administrator's interpretation to the Board of Adjustment, which shall have the final authority to determine whether the use is permitted, permitted as a limited or special use, or precluded. VI. Decision Criteria. The following criteria shall be evaluated when the Administrator, or Board of Adjustment, decides whether a proposed use is a subcategory of, or is functionally comparable to, a permitted, limited, or special use: A. Required parking (Sec , Off-Street Parking and Loading); B. Traffic generation characteristics; C. The general environmental characteristics of the use; and D. The characteristics and nature of the use, and potential impacts on surrounding properties, as set forth in a plan of operation that describes the uses. La Plata Land Use Code (LUC) DRAFT Page 43

44 Sec Open, Agricultural, and Residential Uses Land Use Agriculture and Agricultural- Related Operations Agricultural Recreation or Agri-Tourism Activity Alternative Livestock Animal boarding and training Animal confinement operations Open, Agriculture and Residential Zoning Districts Commercial, Industrial, and Public Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO P P P P P P P P P P P P P P P P P P S S X X X X X X X X X X X X P P S X X X X X X X X X X X X X X P P S A X X P X S X X P X X X X L L X X X X X X X X X X X X X Apiary P P P P P P X X X X X X X X P P Commercial livestock operation / feedlot (AV) Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises Dude ranch or resort Equestrian facilities Farm machinery sales and services Farming, including farm products X L L X X X X X X X X X X X X X X P A P S X X X X X X X P X X P X P P P X X X P X X X X X X P X X A A P S S X X X X X X X X X P X P P S X X X P X X X X X X X X P P P P P X X P X X X X X X X X Farmers' market X P P X X X X P X P P X X P X X Farmers Stand X P P X X X X P X P P X X P X X Food production and processing Grain elevator, commercial Heavy equipment repair X P P X X X X P X X X X P X X X X P P X X X X P X X X X P X X X X P S X X X X P X X X X P X X X La Plata Land Use Code (LUC) DRAFT Page 44

45 Land Use Open, Agriculture and Residential Zoning Districts Commercial, Industrial, and Public Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO Nursery X P P P S X X P X X X X P X X P Packing facility, excluding meat packing and canning operations X P P X X X X P X X X X P X X X Ranching P P P P X X X X X X X X X X P P Silviculture P P P P P X X X X X X X X X P P Sod farm X P P P S X X X X X X X X X P P Temporary storage and sorting of crops, vegetables, plants, flowers and nursery stock not raised and not for sale on the premises Veterinary clinic / hospital Accessory dwelling, including second and third dwelling units X P P P X X X P X X X X X X X X X P P S S X X P X X X X P X X X X A A A A A X X X X A X X X X X Apartment X X X X X L P X X X P X X X X X Boarding home X P P X X X X X X X X X X X X X Co-Housing X P P X X P P X X X X X X X X X Recreational vehicle park Single-family attached dwelling X X X X X X X X X X X X X X X X -Duplex X X X X L P P X X X P X X X X X -Triplex X X X X L P P X X X X X X X X X -Townhome X X X X L L P X X X P X X X X X -Twin home X X X X L P P X X X P X X X X X Single-family detached dwelling, including modular homes Tiny home, permanent Tiny home, portable Tiny home village P P P P P P P X X X X X X X X P X P P P P X X X X X X X X X X X X P P P X X X X X X X X X X X X X X X X X X L X X X X X X X X X La Plata Land Use Code (LUC) DRAFT Page 45

46 Land Use Open, Agriculture and Residential Zoning Districts Commercial, Industrial, and Public Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO Land Use Bed and breakfast Open, Agriculture and Residential Zoning Districts Commercial, Industrial, and Public Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO X P P S S S S X P X P X X X X S Family child care home X P P P L L L X P X P X X X X X Greenhouse X A A A A S S P X X X X X X S X Group home X X X X X X X X P X P X X X X X Home business X P P P A A S X X X P X X X X A Home occupation X A A A L L L X X X A X X X X A Live-work unit X P P S S S S P P X P X X X X X Residential Child Care Facility 3 X P P P S S S X S X S X X P X X Work-live unit X P P P X X X P X X X X X X X X Campground or recreational vehicle park Golf course and supporting facilities Tourist-related recreation Outdoor recreation (skiing, equestrian, etc.) Parks, preserves, and trails Shooting or archery range X X L S S S S P X S X X X X S S X X X S S S S X X S X X X P P P X P P X X X X X P P X X X X P P P P P X X X X P X S X P X P P P P P P P P P P P P P P X X P P P X S S X X X X S X X X X P X X S Food Truck/Cart X S S X X X X S X S P P P X X P Sec Commercial, Industrial, and Institutional Uses Land Use Assisted living / congregate care Open, Agricultural and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO X X X X S S S X P P P X X X X S Cemetery X X X S S X X X X S X X X P X S Funeral home, X X X X X X X X S S S X X P X S La Plata Land Use Code (LUC) DRAFT Page 46

47 Land Use chapel, or mortuary Hospital, clinic, medical lab, or urgent care Medical or dental office Open, Agricultural and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO X X X X X X X S X P P P X P X S X X X X X X X X P 1 P P X X P X S Nursing home X X X X S S P X P 1 P P X X P X S Place of assembly, indoor X X X S S S S P X P P P X P X S Private club X X X X X X S S S 1 P P P X X X S Public or quasipublic facility (community building, library, civic club, police or fire station, post office, etc.) Public or private school Alcoholic beverage sales, off-site consumption (liquor store) Alcoholic beverage sales, on-site consumption (bar) Automobile repair, service, and wash Automobile rental and sales Bank or credit union Brewing / distillery / winery production, on-site consumption 2 X X X X X S S S S P S S S P X S P P P P P P P P X P P X X P X S X X X X X X X X X P P X X X X X X X X X X X X X X P P X X X X X X X X X X X X P X P X S P X X X X X X X X X X X X P X P X X X X X X X X X X X P P 1 P P P X X X S X P P X X X X P X P P P X X X S Child care center 3 X X X X X S S X P 1 L S S S X X X Convenience store (with gas pumps) Convenience store (without gas pumps) Dry cleaning and laundry establishment X X X X X X X P X P X P P X X X X X X X X X X P X P P P X X X X X X X X X X X X S 1 S P P P X X S Gasoline station X X X X X X X P X P X P P X X X Grocery store X X X X X X X S X P S X X X X S Health club, X X X X X X X X X S P P X X X X La Plata Land Use Code (LUC) DRAFT Page 47

48 Land Use including facilities and services Heavy retail (lumber yard, heavy equipment sales or service) Lodging / overnight accommodations Manufactured home sales Mixed use Development Open, Agricultural and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO X X X X X X X P X P X X P X X X X X X X X X S X X P P X X X X S X X X X X X X S X S X X P X X X X X X X X X S X X S P X X X X X Office X X X X X X X P P 1 P P P P X X S Personal services (salon, spa, etc.) Portable / office office X X X X X X X X P 1 P P X X X X S X P P T T T T T X T X T T X X X Restaurant or cafe X X X X X X X S P 1 P P X X X X S Restaurant, drivein or drive-through X X X X X X X S X P S X P X X X Retail X X X X X X X P P 1 P P P X X X S Veterinary services, small animal Industrial Hemp Cultivation Medical Marijuana Center Medical Marijuana-Infused Product Manufacturer Medical Marijuana Testing Facility Medical Marijuana Optional Premises Cultivation Operation Retail Marijuana Store Retail Marijuana Cultivation Facility Retail Marijuana Products Manufacturing Facility Retail Marijuana Testing Facility X P P X X X X P P P X X P X X X X L L X X X X L X X X X X X X X X X X X X X X X X S S S S X X X X X X X X X X X X S S S S X X X X X X X X X X X X S S S S X X X X X X X X X X X X S S S S X X X X X X X X X X X X S S S S X X X X X X X X X X S X S S S S X X X X X X X X X X S X S S S S X X X X X X X X X X S X X S S S X X X La Plata Land Use Code (LUC) DRAFT Page 48

49 Land Use Open, Agricultural and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts Special CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO Land Use Open, Agricultural and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts Overlay CO FR AR RR SR SU UR AC SC AU MU BP IN PC RC SO Arena or theater X X X X X X X X X P P X X P X S Commercial amusement Health or fitness club X X X X X X X X X P P X P P X X X X X X X X X X P 1 P P P P X X S Airport X S S X X X X S X X X S S S X X Automobile repairs and service, heavy Batch plant, Permanent (asphalt or concrete) Construction / sales office Construction services, contractor yard Extraction (gravel, soil, or sand) Fabrication and manufacturing Mini-storage facility Recycling collection and processing Salvage operation and storage X S S X X X X P X X X S P X X X X X X X X X X X X X X X P X X X X A A X X X X A X A TA A A X X X X S S X X X X P X X X P P X X X X S S S X X X S X X X X S X S X X P P X X X X P X X S X P X X X X X X X X X S S X S X S P X X X X X X X X X X X X X X S S S X X X S S X X X X S X X X X S X X X Service shop X P X X X X X P X X X X P X X X Solar farm S P P P X X X S X S X S S S X X Truck stop X X X X X X X X X S X S P X X X Warehousing or distribution X S S X X X X P X X X P P X X X Wholesale X P P X X X X P X S X P P X X X Wireless telecommunication facility X S S S X X X S X X X S S P X X Sec Accessory Uses and Buildings I. Purpose. Accessory uses are those that are incidental or subordinate to, and supportive of the principal use, yet do not rise to the level of a "principal use." Due to their nature, duration, and La Plata Land Use Code (LUC) DRAFT Page 49

50 II. scale, accessory uses may have impacts on neighboring properties and the county at-large. For this reason, it is necessary to establish standards to mitigate the impacts of accessory uses. Applicability. As provided in this Code, accessory uses may be allowed in connection with any legally-established principal use. III. As-of-Right Accessory Uses, Buildings, and Structures. The land uses that are allowed as accessory to a principal use are set forth in the matrices. (Sec , Open, Agricultural, and Residential Uses, and Sec , Commercial, Industrial, and Institutional Uses) Other allowable accessory uses, buildings, and structures include: A. Agriculture Farm and Ranch (FR) and Agricultural Residential (AR) Zones. 1. Offices that are incidental to and necessary for conducting a permitted use; 2. Private stables, corrals, and paddocks when located more than 50 feet from road right-of-way and 100 feet from any dwelling unit not located on the subject property; 3. Farm stands for selling agricultural products grown on the premises, provided the stand is outside of all road rights-of-way; and 4. Amateur radio antennas or similar devices that do not exceed 60 feet in height. B. Rural Residential (RR), Suburban Residential (SR), Semi-Urban Residential (SU), and Urban Residential (UR) Zones. 1. Child's playhouse, gazebo, pavilion, or a similar structure; 2. Swimming pools, tennis courts, and clubhouses when located on an individual lot or when designed and operated by a property owners' association; 3. A clubhouse for a multi-family Development, including accessory restaurants, cocktail lounges, and game rooms if open to resident members and members' guests; 4. Private swimming pool and bathhouse that is accessory to a residential dwelling; 5. Home occupations provided compliance with Subsection V.B., below. C. Agricultural Commercial (AC), Suburban Commercial (SC), Auto-Urban Commercial (AU), and Mixed-Use (MU) Zones. 1. Offices that are incidental to and necessary for conducting a permitted use; 2. Structures built to house accessory uses when the principal use of the property does not normally occur within a building, provided the Administrator determines that the outdoor use will be long-term and it is unlikely that the structure will be for a use not associated with the principal use; 3. Drive-up or drive-through kiosks and vending machines; and 4. Incidental storage structures. D. Business Park (BP) and Industrial (IN) Zones. 1. Offices that are incidental to and necessary for conducting a permitted use; 2. Bona fide warehouse clearance sales accessory to a permitted use, provided: a. The sale does not exceed a duration of 28 days in any one-year period; and La Plata Land Use Code (LUC) DRAFT Page 50

51 b. Sale merchandise is limited to the stocks normally stored in the principal use on the premises. 3. Roof-mounted telecommunication towers and antennas, provided the height of the tower is not more than 25 percent of the height of the building; and 4. Structures built to house accessory uses when the principal use of the property does not normally occur within a building provided the Administrator determines that the outdoor use will be long-term and it is unlikely that the structure will be used for a use not associated with the property s principal use. E. Public and Community Facilities (PC) Zone. Regarding recreation uses and facilities, accessory uses or activities shall be subordinate in area, extent, and purpose to the principal use, and shall be those which are customarily established in conjunction with the operation of permitted open spaces or recreation facilities, including, but not limited to, the sales of alcoholic beverages, food services, and sales and rental of equipment. IV. Review and Authorization or Approval. A. All accessory uses shall be reviewed by the Administrator, or a designee, for compliance with the standards of Subsection V, below. B. Uses that are accessory to a limited or special use shall be included with the approval of the application for such use, or as an amended permit. (Sec , Open, Agricultural, and Residential Uses, and Sec , Commercial, Industrial, and Institutional Uses) C. All accessory uses that do not meet the standards set forth in Subsection V, below, are subject to the requirements for a Limited Use Permit. V. Standards. A. Applicable to all accessory uses within the Zoning Districts. 1. Accessory uses shall: a. Be located on the same lot as the principal use. b. Not operate independently of a principal use, nor be established prior to a principal use; c. Not be used for residential occupancy, except for accessory dwelling units as set forth below; d. Not store, transport on site, dispense, use, or handle hazardous materials in a manner requiring an operational permit pursuant to the International Fire Code, as adopted and amended; e. Not produce adverse or noxious odors detectable at the property boundary of the principal use; and f. Not violate any applicable state or local laws and regulations. B. Applicable to accessory uses within the Semi-Urban Residential (SU), and Urban Residential (UR) Zoning Districts. Accessory uses, such as a home occupation, shall: 1. Not include any outside storage, except as set forth in Subsection VI, below; La Plata Land Use Code (LUC) DRAFT Page 51

52 2. Not include any onsite sales to customers, classes, demonstrations, or any other visits by members of the public; 3. Shield or direct downward or away all light sources from the property boundaries; 4. Not produce noise that causes more than a five-decibel increase from the ambient noise level measured at the property boundary of the principal use; 5. Maintain the residential character and appearance of the principal dwelling unit; 6. Not include employees, agents, assistants, or other individuals related to the normal operations of the accessory use that are not residents of the principal dwelling unit; 7. Not exceed 25 percent of the principal dwelling unit s gross floor area, and only be located within the dwelling unit or an attached garage; 8. Not include any exterior signs, or interior signs visible from the exterior, which identify the accessory use, except for home occupations; 9. Not increase traffic more than four average daily trips above the levels normally attributable to the use of the lot for residential purposes; 10. Not include storage of heavy equipment, except that no more than one, two-axle business vehicle may regularly be parked on the lot; and 11. Be owned and operated by a permanent resident of the principal dwelling unit or owner of the principal business use. C. Applicable to accessory uses within the Rural Residential (RR) and Suburban Residential (SR) Zoning Districts. Accessory uses shall be limited to: 1. Less than 1,200 square feet, and shall be located within the dwelling unit, an attached or detached garage, and/or a single out-building; 2. Up to 1,000 square feet of additional exterior storage, provided such storage is screened as set forth in Sec , Bufferyards; 3. One sign of no more than four square feet on each side; 4. No more than two business vehicles regularly parked on the lot for the accessory use; 5. Incidental onsite sales to customers, classes, demonstrations, or other visits by members of the public, so long as such activities do not increase traffic more than 24 average daily trips above the levels normally attributable to the use of the lot for residential purposes; and 6. No more than two employees, agents, assistants, or other individuals related to the normal operations of the accessory use that are not residents of the dwelling unit. VI. Standards for Certain Accessory Uses. A. Outdoor Storage. 1. General. In the Semi-Urban (SU), Urban Residential (UR), and all nonresidential districts (AC, SC, AU, MU, BP, IN, and PC), all garbage shall be adequately stored in a safe and secure manner that does not: a. Disperse foul odors; b. Create a fire hazard; La Plata Land Use Code (LUC) DRAFT Page 52

53 c. Attract wild animals; or d. Provide habitat for pests and rodents. 2. Screening. Refer to Subchapter 69.2, Trees, Landscaping, and Screening. B. Accessory Dwelling Units (ADUs). Accessory dwellings are permitted, subject to demonstration of the capacity of the site relative to the proof of physically and legally available water. Upon such determination, the following standards apply. 1. Unit Types. a. Integrated Unit. These accessory units are those that are created within or attached to an existing principal dwelling or a detached garage. b. Independent Dwelling. These standalone dwellings include second and third detached dwelling units that are allowed by-right given certain parcel sizes, as set forth in Subsection C, below. An independent dwelling may also include a tiny home. (Sec , Tiny Homes) 2. Permitted Locations. a. See Table , Zoning District ADU Locations. b. ADUs are: i. Precluded in the Zoning Districts that are not listed in Table ; and ii. Only permitted as an accessory to a single-family dwelling unit. 3. Density. The accessory dwelling units are exempt from the calculation as a dwelling unit when determining the maximum density. (Sec , Density and Lot Standards for New Neighborhoods) 4. Number. No legal lot of record shall contain more than one integrated accessory dwelling unit or two independent accessory dwelling units per the standards of Subsection C, below. 5. Design. Integrated units shall: a. Have the same setbacks as the principal building (Sec , Density and Lot Standards for New Neighborhoods); and b. Not occupy more than 25 percent of the gross floor area of the principal building. Table Zoning District ADU Locations District Integrated Unit Independent Dwelling Application of Standards Conservation / Open Space (CO) Precluded Precluded Precluded Agriculture / Farm and Ranch (FR) Allowed Allowed Agricultural Residential (AR) Allowed Allowed Allowed by-right, subject to the standards of this Section Allowed by-right, subject to the standards of this Section Rural Residential (RR) Allowed Allowed Allowed subject to the limited La Plata Land Use Code (LUC) DRAFT Page 53

54 Table Zoning District ADU Locations District Integrated Unit Independent Dwelling Application of Standards Suburban Residential (SR) 1 Allowed Allowed review standards of this Semi-Urban Residential (SU) 2 Allowed Allowed Section Mixed Use (MU) 2 Allowed Precluded Not Applicable TABLE NOTES: 1. An independent dwelling is allowed provided the minimum lot size is three acres. 2. An integrated unit is allowed provided adequate parking is provided on site. (Sec , Off-Street Parking and Loading) Figure Illustrations of Accessory Dwelling Units C. Second and Third Independent Dwellings. 1. By-Right. Construction of a second or third independent dwelling on one parcel in the FR and AR districts is allowed subject to the review and approval by the Administrator provided sufficient written documentation is submitted and supports the following requirements: a. Second and third dwellings are allowed provided the parcel is at least 70 acres or 105 acres, respectively. b. At least 80 percent of the parcel was assessed as agricultural in the most recent County assessment; c. Does not encroach upon an interior or street-side side or rear setback; d. Is located no less than 50 feet behind the front setback of the principal dwelling; and e. Either shares an already permitted access or a separate access is permitted subject to the standards. (Sec , Driveways). 2. Administrative Review and Approval. Construction of one second independent dwelling on one parcel is allowed subject to the review and approval by the Administrator provided sufficient written documentation is submitted and supports the following requirements: La Plata Land Use Code (LUC) DRAFT Page 54

55 a. The livable floor area of the additional dwelling(s) does not exceed the size of the principal dwelling unit or 2,000 square feet, whichever is less; b. The second or third dwelling shares the same electrical meter, water source, wastewater treatment system, and access as the principal dwelling unit; c. The second or third dwelling meet the requirements of this Code, and all other requirements, for water quantity and quality, and wastewater standards; and d. The driveway standards set forth in Sec , Driveway. D. Personal Marijuana Cultivation. Personal marijuana cultivation, which does not require a Special Use Permit, shall be treated as an accessory to the primary use of the property and shall be in conformance with those standards provided by Article IV, Chapter 7 of the La Plata County Code. Subchapter 63-3 Special and Limited Uses Sec Purpose and Applicability I. Purpose. This Subchapter promotes compatibility among land uses by establishing standards for special and limited uses. (It outlines the standards and conditions that apply to special and limited uses depicted in the tables in Subchapter 63-2, Land Uses Established. II. Applicability. A. Land Use Authorization and Permit Types. 1. Limited Uses. Limited uses may be authorized by the Administrator if they meet the standards of this Subchapter, and comply with all other applicable requirements of this Code. (Sec , Special and Limited Use Standards) 2. Special Uses. As applicable, special uses shall meet the standards of this Subchapter, and also require a public hearing and approval of a special use permit. (Sec , Special Use Permits). B. Timing of Compliance. 1. The standards, regulations, and requirements of this Subchapter apply at the time a limited or special use is requested to be established, or when an existing limited or special use is proposed to be expanded by more than 10 percent of the existing gross square footage currently devoted to the use. 2. This Subchapter applies to an expansion of use whether it is to, or within, an existing building, in an approved outdoor area devoted to the use, or a combination of thereof. C. Uses Not Listed. If there are limited or special uses that are not listed in Subchapter 63-2, Land Use Established, the provisions of Sec , Purpose and Applicability, Subsection V, Uses Not Listed, shall apply. D. General Standards. La Plata Land Use Code (LUC) DRAFT Page 55

56 1. Consistency with Plans. In its proposed location, the proposed use shall not conflict with implementation of the Comprehensive Plan, the land use plan, or a district plan. 2. Compatibility. The use is, or may be, compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect Development of the surrounding area. 3. Suitability of the Use. The proposed use is suitable for the site proposed relative to its design to protect site resources, preserve open spaces and views, and to mitigate environmental impacts. 4. Adequacy of Infrastructure. As a condition of submittal and approval, the applicant shall demonstrate compliance with the standards applicable to all Zoning Districts set forth in Sec , Zoning District Criteria. E. Limitations on Special Use Permits. 1. No special use permit shall be valid for a period longer than one year from the date of issuance unless, for new construction, a building permit is issued, construction has begun within that period, and is diligently pursued to completion, or, within an existing structure, the use is commenced within one year from the date of issuance. 2. A permit for a special use shall be deemed to authorize only the particular use for which it was issued; such permit shall automatically expire and cease to be of any force or effect if it shall, for any reason, be discontinued for a period of 12 consecutive months or more. F. Procedures. A. Limited Uses. Subchapter 71-3, Administrative Permits and Procedures; and B. Special Uses. Subchapter 71-4, Public Meeting or Hearing Permits. Sec Special and Limited Use Standards I. Generally. The standards in this Section shall be used by the Administrator, the Planning Commission, or the Board, as applicable in the review of limited use and special use permit applications. Compliance with each applicable standard must be demonstrated by the applicant. II. How to Use the Special and Limited Use Matrix. A. The land uses denoted as a special use "S" or limited use "L" in the tables of Subchapter 63-2, Land Uses Established, require compliance with the standards of Subsection III below. Table , Special and Limited Use Matrix, may be used as follows: 1. Identify the applicable land use in left hand column. 2. Use the "Applicable Standards" column to note which of the standards apply to that land use. The standards are organized in seven categories (lettered "A" through "G"), with each including individually applicable standards (numbered "1" through as many as "10"). The letter and number combinations (e.g. A.1 or B.2) may be interpreted as follows: a. The letter corresponds to those of Subsection III, Standards, below; and La Plata Land Use Code (LUC) DRAFT Page 56

57 b. The number corresponds to the individual standards listed beneath each letter. 3. In the "Other Requirements" column are specifics as to: a. Bufferyards. See (Sec , Bufferyards) b. Distances. The dimensions indicate a minimum distance of separation between uses, as applicable. c. Cross-References. The cross-references indicate other sections of this Code with standards, regulations, or requirements that are applicable to the use. III. Standards. A limited or special use may be authorized by the Administrator, or as applicable, the Planning Commission, and a special use may be recommended by the Planning Commission and approved by the Board if the use: A. Generally. 1. Complies with all applicable standards of this Code. 2. Complies with all applicable State laws. 3. Has been issued and may demonstrate a proof of receipt for all necessary agency permits or licenses, certifications, or other such requirements; and 4. Has been inspected and a written record of compliance has been issued stating compliance with all applicable building, electrical, fire, and life safety codes, and other code requirements of the County. B. Site Access, Circulation, and Parking. A limited or special use may be approved if the use: 1. Takes direct access to a County or State road. (Subchapter 66-2, Roads and Bridges); 2. If an accessory use, takes road access by way of a principal use access only; 3. Accommodates required parking on-site, or as allowed on-street in the applicable district or allowed to be off-site. (Sec , Off-Street Parking and Loading); 4. If an accessory use, provides the necessary additional parking spaces beyond that required for the principal use. (Sec , Off-Street Parking and Loading); 5. Meets the requirements for temporary parking and drop-off / pick-up during peak times; 6. Fulfills the required number of on-site loading spaces for truck pick-up and delivery; and 7. Submits and receives approval of a truck routing plan. C. Compatibility. A limited or special use may be approved if the use: 1. Visual mitigation measures shall include: a. Constructs and plants a bufferyard of the type specified when adjacent to or abutting a residential use or Zoning District (bufferyard type A, B, C, or D). (Sec , Bufferyards); or La Plata Land Use Code (LUC) DRAFT Page 57

58 b. Constructs a fence or wall to a minimum height of six feet for use as a physical barrier or visual screen when adjacent to or abutting a residential use, Zoning District, or a public building or property; or c. Plants a landscape screen along no less than 50 percent all parking and vehicular use areas adjacent to County roads and/or State Highways and abutting properties. (Sec , Development Landscaping). 2. Is located at least 100 feet and not visible from the boundary of a residential use, or any public or private school; 3. Is designed in a manner and the applicant is able to demonstrate that it will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance; 4. Screens from public view, by way of a building, solid fence or wall, or a landscaped berm, the storage of material, merchandise, or equipment; 5. Is of a density that is no more than 10 percent greater than that of an adjoining residential use or Zoning District, or the use is screened from the adjoining use or District by a Type B bufferyard. See (Sec , Bufferyards); and 6. Is conducted entirely within the interior of a building. D. Building Form and Design. A limited or special use may be approved if the use: 1. Is subordinate in area and scale (height and gross floor area) to that of the principal use of the property; 2. Orients its primary building entrance to front the road or street from which it is addressed; 3. Is conducted within a building that is of a residential scale (height and gross floor area) and is designed to appear as a residential use by way of its building and roofing materials, building entrances, window placement and size, signage, and other features identified by the Administrator; and 4. Is on a legal lot of record. E. Site Standards. A limited or special use may be approved if the use: 1. Restricts its signage to a single placard of a maximum two square feet that is affixed securely and flat against a wall of the unit; 2. Is on a lot of the minimum size set forth in Sec , Density and Lot Standards for New Neighborhoods, or Sec , Nonresidential and Mixed Use Site and Scale Standards, or: a. For a tiny home, the lot is at least 1,250 square feet; and 3. Does not include stock-in-trade that is displayed or sold upon the premises, or store or display on-site products, materials, or non-motorized equipment. F. Use. A limited or special use proposed as an accessory use, may be approved if the use: 1. It is not located in a multi-tenant or mixed-use building; 2. Does not exceed 25 percent of the habitable area of the principal use; La Plata Land Use Code (LUC) DRAFT Page 58

59 3. Includes no more than two employees other than residents of the principal dwelling; 4. For family child care homes, provides at least 1500 square feet of exterior open area per child that is secured by a fence or wall; 5. Is operated in the principal dwelling; and 6. Maintains the character of the residence. G. Environmental Impacts. A limited or special use may be approved if the use: 1. Shields or directs any building or site lighting so it does not spill over onto adjacent properties, (Sec , Outdoor Lighting); 2. Exerts levels of noise which do not exceed the high range db(a) set forth in Table , Allowable Levels of Noise at a distance of 25 feet from the use.; 3. Is designed to maintain or decrease the amount of storm water runoff into road rights-of-way or onto adjacent properties; and 4. Does not accept or deposit hazardous wastes or materials, or store explosives, ammunition, or flammable materials. Table Allowable Levels of Noise General Land Use Type Residential and Commercial Use of the Home Commercial, Institutional, and Indoor or Outdoor Recreation Farm and Ranch or Light Industrial Industrial, Utility, and Transportation Decibel (db(a) High Range 55 db(a) 60 db(a) 70 db(a) 80 db(a) Table Special and Limited Use Matrix Land Use Applicable Standards Other Requirements Farm and Ranch Uses Industrial hemp cultivation Residential or Commercial Use of the Home Apartment, duplex, triplex, townhome, and twin home A2, A3, C1, C2, C3, C5, C6, C7, C9, E3, E4, F1, G1, G2, G4 A4, B2, B3, B5, C2, C8, D2, D3, (D4), E2, E3, G1, G2, G3, G4 Farm stand A1, B2, B6, C1, C5, G1 Sec Tiny home 1 A4, B2, B4, B5, C8, D2, D3, (D4), E3, G2, G3 Sec Child care home Commercial Uses Alcoholic beverage sales Family child care center A2, A4, B2, B3, B5, B7, B8, C3, C4, D1, D3, (D4), E1, E3, F2, F3, F4, F5, F6, G2 A2, A3, A4, B1, B5, B9, C2, C4, C5, C7, D2, (D4), E2, E3, G1, G2, G3, G4 A2, A3, A4, B1, B5, B8, C2, C3, C4, D2, (D4), E2, E3, F4, F5, G1, G2, G3 Sec ; Sec ; (C2) Type B; (C6) 1,000 feet Sec ; Sec ; Sec ; (C2) Type B None Sec ; (C2) Type B Sec ; (C2) Type B La Plata Land Use Code (LUC) DRAFT Page 59

60 Table Special and Limited Use Matrix Land Use Applicable Standards Other Requirements Optional premises cultivation operation or retail marijuana cultivation facility Medical marijuana center, medical marijuana-infused products manufacturer, medical marijuana testing facility Retail marijuana store, retail marijuana products manufacturing facility, or retail marijuana testing facility Table Notes: A2, A3, A4, B1, B5, C1, C2, C4, C6, C7, C9, E2, E3, F1, G1, G2, G3, G4 A2, A3, A4, B1, B5, B9, C2, C4, C6, C7, C9, (D4), E2, E3, F1, G1, G2, G3, G4 A2, A3, A4, B1, B5, B9, C2, C4, C6, C7, C9, D2, (D4), E2, E3, F1, G1, G2, G3, G4 Sec ; (C2) Type C Sec ; Sec ; (C2) Type C Sec ; Sec ; (C2) Type B 1. A tiny home may be used as an Accessory Dwelling Unit (ADU), as set forth in Sec , Accessory Uses and Buildings. La Plata Land Use Code (LUC) DRAFT Page 60

61 Sec Marijuana and Industrial Hemp Uses I. Applicability. All defined terms or phrases in this Section, and where found elsewhere in this Code, shall have the same meaning as the definitions set forth in: A. Subsection 14(1) and 16(2) of Article XVIII of the Colorado Constitution; B. The Colorado Retail Marijuana Code, C.R.S , et seq., as amended; C. The Retail Marijuana Rules, 1 CCR 212-2, as amended; D. The Colorado Medical Marijuana Code, C.R.S , as amended; E. The Medical Marijuana Rules, 1 CCR 212-1, as amended; F. The Industrial Hemp Regulatory Program, C.R.S , et seq., as amended. II. General Standards. In addition to all applicable standards of this LUC, all marijuana uses shall meet the following general standards: A. Odor. No marijuana use shall produce adverse or noxious odors detectable beyond the marijuana uses' property boundary. B. Visual. Marijuana plants, products, and associated equipment identifying the use as a marijuana use, including, but not limited to, all processing, packaging, and business transactions shall be kept from public view and shall not occur on any sidewalk, public street or right-of-way, or any other public place. C. Lighting. All grow lights shall be screened to prevent nighttime leakage. Exterior lighting, when required, shall be placed in a manner to minimize offsite glare and visual impacts. Marijuana uses do not have to comply with any exterior lighting standard that contradicts standards required by the Marijuana Enforcement Division of the Colorado Department of Revenue or the Colorado Code of Regulations. D. Dwelling Units. No marijuana facility may be located within a dwelling unit or within a building that has any portion of it classified as residential under the County building code. E. Compliance with Other Laws and Regulations. A marijuana facility shall not be in violation of any applicable state or local laws or regulations. F. Air Filtration. Designed and constructed with an air filtration system to prevent escape of pollen, seed, or other product that might be detrimental to an off-site hemp or marijuana crop; and G. Proximity to Other Uses. 1. No marijuana facility shall be located within 1,000 feet from any of the following uses, whether such uses are inside or outside the unincorporated boundaries of the County: a. any public or private preschool, or elementary, middle, junior high, or high school; b. the campus of any college, university, or seminary; c. any facility (except a foster care home as defined at C.R.S (14)) licensed by the Colorado Department of Human services to provide care to children eighteen years of age or younger; or La Plata Land Use Code (LUC) DRAFT Page 61

62 d. a drug or alcohol treatment center. 2. The distance between the marijuana facility and any use listed above shall be measured as follows: a. For a retail or medical marijuana store, using a route of direct pedestrian access from the portion of the building in which marijuana is to be sold to the nearest property boundary of the lot or parcel on which any use listed above in Section (II)(F)(1)(a)-(d) occurs. b. For all other marijuana facilities, in a straight line from the closest portion of the building used for the marijuana facility to the nearest property boundary of the lot or parcel on which any use listed above in section (II)(F)(1)(a)-(d) occurs. III. Medical Marijuana Uses. A. Generally. Medical marijuana uses shall be permitted as provided in Table , Special and Limited Use Standards, if: 1. The building and site within which the use is located conform to all other requirements of this Code, including, but not limited to, setbacks, parking, landscaping, and buffering; 2. Licensed by La Plata County according to the applicable standards in Article I, Chapter 7, La Plata County Code (which include location and site design requirements); 3. Licensed by the State of Colorado according to the Colorado Medical Marijuana Code, C.R.S , et seq., as amended, and applicable administrative regulations; and 4. The facility is not in violation of any applicable state or local laws or regulations. B. Optional Premises Cultivation Operations. All Optional Premises Cultivation Operations shall be Located indoors. IV. Retail Marijuana Uses. A. Generally. Retail marijuana uses shall be permitted as provided in Table , Special and Limited Use Standards, if: 1. The building and site within which the use is located conform to all other requirements of this Code, including, but not limited to, setbacks, parking, landscaping, and buffering; 2. Licensed by La Plata County according to the applicable standards in Article I, Chapter 7, La Plata County Code (which include location and site design requirements); 3. Licensed by the State of Colorado according to the Colorado Retail Marijuana Code, C.R.S , et seq., as amended, and applicable administrative regulations; and 4. The facility is not in violation of any applicable state or local laws or regulations; La Plata Land Use Code (LUC) DRAFT Page 62

63 B. Retail Marijuana Cultivation Facilities. All Retail Marijuana Cultivation Facilities shall be located indoors. V. Industrial Hemp Uses. A. Generally. Industrial hemp uses shall be permitted as provided in Table , Special and Limited Use Standards, if compliance with the standards of this subsection are demonstrated. B. Compliance with State Laws and Regulations. 1. All applications for industrial hemp uses shall include the following: a. A Commercial Industrial Hemp Permit or Research and Development Permit, as appropriate, from the State of Colorado Department of Agriculture; and 2. If requested by the County, all industrial hemp uses shall submit to the County proof of compliance with State laws and regulations, including any notices of violation and documentation of corrective measures. If a State Permit is suspended or revoked, County approval shall be concurrently suspended or revoked without further action by the County. C. Spacing Requirements. 1. Spacing from Optional Premises Cultivation Operations (as licensed by CRS ) and Retail Marijuana Cultivation Facilities. a. No industrial hemp use shall be located within 2,640 feet of any existing Marijuana Cultivation Facility, such distance measured from the closest property line of the industrial hemp use to the closest property line of the Marijuana Cultivation Facilities. If several industrial hemp uses are to be located on a large parcel of land, or if only a portion of the parcel is used for industrial hemp, the distances are measured from the closest fence line of each industrial hemp use, or if there are no fences, from the closest outside boundary of the grow area or greenhouse (if not secured as provided in Subsection III.C.b.iii., below) in which the industrial hemp use is located. b. The spacing requirement of Subsection III.C.1., above shall not apply if: i. The industrial hemp use submits a waiver of the distance requirement that is signed by all grow operations within the two-mile radius; or ii. A location where the County previously approved an industrial hemp use and a permitted industrial hemp use has existed in continuous operation according to the original permit; or iii. The industrial hemp is grown in an enclosed building with a filtration system and clothing/footwear preventative measures (e.g.., clean room mat) to prevent escape of pollen, seed, or other product that might be detrimental to an off-site hemp or marijuana crop. La Plata Land Use Code (LUC) DRAFT Page 63

64 2. The County shall have the right to inspect the industrial hemp use and request related paperwork from the Department of Agriculture. Other Governmental Agencies, whether State or Local (e.g., the Colorado Division of Water Resources and the La Plata County Health Department) shall have the right to inspect the industrial hemp use for compliance with their respective regulations. Subchapter 63-4 Temporary Uses and Special Events Sec Temporary Use Standards I. Purpose. This Section identifies the standards for operating a temporary use. An application is subject to administrative approval and permit issuance depending on the conformance of the application with the requirements of this Section. The purpose of these regulations is to manage temporary uses to protect the public health and safety, and to preserve the value and enjoyment of surrounding areas and neighborhoods. II. Applicability. This Section applies to temporary uses in the Zoning Districts specified in the tables below. Any temporary use, not allowed by this Section or determined by the Administrator to be substantially similar to those not allowed, is precluded. III. Generally. Temporary uses are allowed in the Zoning Districts that specify the allowed frequency and duration of the use in Table , Frequency and Duration of Allowed Temporary Uses. IV. Legend. As displayed in Table , Frequency and Duration of Allowed Temporary Uses, "X" means the use is precluded in the applicable Zoning District s). V. Frequency and Duration. The maximum frequency and duration of the allowed temporary uses is subject either to the number of events and days per calendar year in Table , Frequency and Duration of Allowed Temporary Uses, or the standards in Table , Temporary Use Standards. Zoning District Maximum E/Y = events / year D/Y = total consecutive days / year Outdoor sales of merchandise Portable building / office Portable On-Demand Storage (PODS) or other portable storage containers 1 CO Table Frequency and Duration of Allowed Temporary Uses Open, Agriculture and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts FR AR RR SR SU UR AC SC AU MU BP IN PC D/Y D/Y D/Y D/Y D/Y D/Y E/Y D/Y E/Y D/Y E/Y D/Y E/Y D/Y D/Y D/Y D/Y X X X X X X X X X X -- See Table X X X X X See Table , Temporary Use Standards X X 120 X 60 X 120 X La Plata Land Use Code (LUC) DRAFT Page 64

65 VI. Standards. Temporary Use Permit A. Operations. Temporary uses shall be conducted in the same manner as permanent principal uses. B. Standards, Regulations, and Requirements. The applicable standards for each temporary use are provided in Table , Temporary Use Standards. Outdoor sales of merchandise Portable building / office Portable On- Demand Storage (PODS) and other portable storage containers Location of Use Outdoor sales of merchandise may be allowed on a vacant or undeveloped property or on a parcel with an operational principal use. Sales shall be conducted on private property, shall conform to the sight distance requirements (Sec ), and shall be set back at least 30 feet from road rights-of-way. If operated on a property with a principal use, outdoor sales shall not reduce the minimum required parking, shall not disrupt site access or circulation, and shall be set back 30 feet from all property lines. A portable building may not be allowed on a vacant or undeveloped parcel. On a lot or parcel with a principal use, a portable building shall be set back the same as for the principal building. An alternative location may be approved as part of the temporary use permit if there is no reasonable location that complies with the required setbacks. Table Temporary Use Standards Hours of Use Same as business hours. Same as the business hours. A portable storage container may be allowed on a vacant or undeveloped property or on a parcel with an operational principal use. The container shall not encroach into setbacks, over sidewalks, or None. onto public rights-of-way. The container shall be set back at least 30 feet from all property lines, and shall be located to minimize its view from road rights-of-way or a residential use or Zoning District. Operational Limitations Duration of Use Safe vehicular and pedestrian circulation shall be provided, including: minimizing vehicular-pedestrian conflicts; See Table , providing adequate directional Frequency and signage; ensuring access by Duration of Allowed emergency vehicles; and Temporary Uses maintaining full access to permanent uses on-site if they are operating simultaneous with the outdoor sales. May be used for any purpose other than as a residence. May be used for any purpose other than as a residence. No limit for schools; construction-related facilities shall be removed prior to the certificate of occupancy; and other buildings shall be removed within two years from date of permit, unless extended by the Board. See Table , Frequency and Duration of Allowed Temporary Uses VII. Application. A. Requirements for Permit Issuance. An application for a temporary use may be filed by the property or business owner, or another person having a contractual interest in the property for which a temporary use is proposed. A permit may be issued if adequate parking and sanitary facilities are provided to serve the proposed use and if the site can La Plata Land Use Code (LUC) DRAFT Page 65

66 safely support it. No application is required for a temporary use that does not require a permit, as described in Subsection VIII.A, No Permit Required. B. Submittal Requirements. The following information is required with an application (in addition to the required application fee): 1. A letter describing the purpose of the temporary use and indicating proposed date(s) and time(s) for the use; 2. A graphic temporary use plan, drawn to scale, that displays the access, parking, and pedestrian and vehicular circulation areas; setbacks of the use; and locations of existing and planned structures to be used for the temporary use; 3. Letters of coordination from the fire district, County Sheriff's Department, and local emergency medical service (EMS) providers, as applicable; 4. Proof of receipt of other required licenses or permits; 5. Documentation from service providers for restroom facilities and garbage collection, as applicable; and 6. Other pertinent information deemed as necessary by the Administrator. VIII. Temporary Use Permit. A. No Permit Required. 1. A temporary use with an expected peak attendance of less than 10 vehicles or 24 persons per any 24-hour period does not require a permit. 2. A temporary use plan may be required by the Administrator to verify attendance and compliance with this Section. B. Permit Required. 1. A temporary use with an expected peak attendance of 11 or more vehicles or 25 or more persons per any 24-hour period requires a permit. 2. A temporary use permit shall expire no later than one year from the date of permit issuance, unless the duration is extended by the Board. 3. A property is limited to a single temporary use permit per calendar year, unless otherwise allowed by the Board. IX. Procedures. An application for a temporary use permit shall be reviewed for compliance with the standards of this Section, per the procedures set forth in Sec , Site Plan and Limited Use Approval. Upon confirmation of compliance, the Administrator may issue the temporary use permit. Sec Special Event Standards I. Purpose. This Section identifies the standards for conducting a special event. An application is subject to either administrative (Class A event) or public hearing (Class B event) approval and permit issuance depending on the conformance of the application with the requirements of this Section. The purpose of these regulations is to manage the conduct of special events to La Plata Land Use Code (LUC) DRAFT Page 66

67 protect the public health and safety, and to preserve the value and enjoyment of surrounding areas and neighborhoods. II. Applicability. This Section applies to special events conducted in the Zoning Districts specified in the tables below. A special event other than those allowed by this Section, or those determined by the Administrator to be substantially similar to those not allowed, are precluded. A. Compliance with County Code. An application for a special event shall be in accordance with County Code, Chapter 42, Roads and Bridges, Article II, Special Events. B. Allowable Locations. A special event may be held on vacant or undeveloped property or in conjunction with an allowed and permanent principal use. III. General. A. Where Allowed. The special events described in this Section are allowed in the Zoning District that specify the allowed frequency and duration of the event in Table , Frequency and Duration of Allowed Special Events. B. Where Not Allowed. Special events are precluded if they are located within a regulatory floodway, or if there is no frequency or duration noted for the event type in Table , Frequency and Duration of Allowed Special Events. IV. Legend. As displayed in Table , Frequency and Duration of Allowed Special Events, "X" means that the special event is precluded in the applicable Zoning District (s). V. Event Class. There are two classes of special events including: A. Class A. Events of this class occur for less than 72 hours and are expected to generate 50 vehicles or less or 100 attendees or less per 24-hour period. B. Class B. Events of this class occur on consecutive or non-consecutive days for a cumulative duration of more than 72 hours, and are expected to generate 51 or more vehicles and 101 or more attendees per 24-hour period, and shall also comply with Sec. 6-72, Special Event Permits, of the County Code. VI. Frequency and Duration. The maximum frequency and duration of an allowed special event is subject to the days per year in Table , Frequency and Duration of Allowed Special Events. Zoning District Table Frequency and Duration of Allowed Special Events Open, Agriculture, and Residential Zoning Districts Commercial, Industrial, and Institutional Zoning Districts CO FR AR RR SR SU UR AC SC AU MU BP IN PC Musical event X X X X X 15 X X X Neighborhood event (e.g., block party, garage sale, etc.) X X X X 12 X X X Public exhibit X 15 X X X X X X 365 La Plata Land Use Code (LUC) DRAFT Page 67

68 or transient event Rodeo or equestrian event X Train event X X X X X 15 X X X X 30 X VII. Standards. A. General Standards. These standards are required for the conduct of a Class B event. The Administrator may require or waive any or all standards for a Class A event. 1. Set Up. Set up shall occur no more than 24 hours prior to the start of the special event. 2. The special event shall not place undue strain on existing levels of law enforcement, fire safety, or other security issues. If such determination is made, arrangements shall be made as a condition of approval for a special event permit. 3. Location and Site Requirements. A special event shall be: a. Authorized to have legal access to the site in which the event is to be held; b. Located on a ground surface that may accommodate the expected activities, including both automobile and truck parking, without causing material damage to the site or surrounding areas, provided that parking may be allowed on an unpaved surface if access is not from an arterial roadway or highway and the applicant provides a guarantee as a condition of approval that the parking area will be restored to its pre-event condition; c. Conducted only in areas that are designated on an approved site plan for the event; d. On a lot other than a single-family detached or attached residence for events such as a neighborhood block party or garage sale; and e. Set back at least 30 feet from public rights-of-way and 50 feet from the boundary of a Semi-Urban Residential (SU) or Urban Residential (UR) Zoning District 4. Time. The time of a special event shall be as set forth in the permit. 5. Buildings and Structures. a. All existing permanent structures shall comply with the building, electrical, fire, and life safety codes; b. Temporary structures shall be removed within 72 hours of the event cessation; c. Temporary buildings erected for a special event shall comply with the height allowed by the Zoning District in which the building is proposed to be located; or d. Temporary structures (e.g., carnival rides, mega-inflatables, etc.,) that are taller than the height permitted by the Zoning District in which the structure is proposed to be located, may be allowed provided the structure is set back from all property lines a distance of two feet for every one foot in height above the maximum allowed height. La Plata Land Use Code (LUC) DRAFT Page 68

69 6. Access, Circulation, and Parking. Special events shall: a. Have adequate sight distances for safe vehicular ingress and egress (Sec , Sight Distance Requirements); b. Have adequate deceleration, acceleration, or turn lanes to allow safe traffic movements in and out of a site hosting a special event; c. Be located such that access to the site is from a collector or arterial roadway or highway with adequate capacity to handle the anticipated volumes of traffic, as determined by the County Engineer; d. Not obstruct on-site vehicular circulation nor access by emergency service providers; e. Have sufficient on-site parking for the principal use of the parcel, as well as for the special event during the time it is held; f. Be approved by the County Engineer and the Board for the use of buses and traffic control personnel; and g. Provide safe circulation of vehicles and pedestrians by: i. Minimizing points of conflict between vehicles and pedestrians; ii. Providing appropriate directional signage; and iii. Maintaining full access to permanent uses on-site if they are operating during the temporary event. 7. Utilities. Special events shall provide: a. Sufficient potable water, as necessary or required; and b. Adequate sewage disposal, with written confirmation from the San Juan Basin Public Health (SJBPH), as applicable. 8. Nuisances. Special events shall: a. Submit a plan for monitoring and mitigating any noise impacts on adjacent properties to comply with C.R.S , Maximum Permissible Noise Levels. b. Direct all light sources inward to the site and downward and away from adjacent properties. 9. Public Convenience and Litter Control. a. Adequate restroom facilities shall be required on-site to serve the expected attendance at the event. b. Adequate waste containers and a written guarantee shall be required such that all litter generated by the event, including within public rights-of-way, shall be removed within 72 hours of the conclusion of the special event at no expense to the County. B. Standards for Specific Event Types. These specific event types shall comply with all standards of this Section, plus those set forth below. La Plata Land Use Code (LUC) DRAFT Page 69

70 1. Farmers' Market. A permanent farmer's market may be established by the Board on property leased or owned by the County or by a landowner on private property provided compliance with the requirements of this Section and other County resolutions or ordinances. 2. Special or Seasonal Sales Events. These special events are separate from the outdoor sales of merchandise set forth in Sec , Temporary Use Standards, which include truckload sales, tent sales, or other special sales, including seasonal sales (e.g., pumpkin patches and Christmas tree sales), but not including a permanent flea market or farmers' market. For stores with regular garden products, the outdoor sales area shall be approved as part of the site plan, not as a temporary use or special event, even though it may be inactive part of the year. The standards for a special or seasonal sales event include: a. The use shall have a minimum site area of 30,000 square feet for a freestanding use or one acre for a multi-tenant center; b. The applicant shall demonstrate that the parking area meets the requirements of this Code for the principal use, and that sufficient parking is available for the additional demand generated by the special or seasonal sales event; c. The site of the sales event shall be set back no less than 50 feet from all rights-ofway and property lines; d. On-site public restroom facilities shall be provided; e. The applicant shall hold a valid sales tax certificate or proof of tax exemption; and f. The permit for the special event shall be displayed in a prominent location on the site. VIII. Conditions of Approval. The County is authorized to impose conditions on the approval of a special event as means for minimizing or mitigating any adverse or undue impacts on adjacent properties provided the conditions relate directly to the impacts created or aggravated by the proposed special event. These may include, but are not limited to, the following: 1. Modification or restrictions on the hours of operation or the duration of the event; 2. Posting of a performance bond to ensure clean up and removal of trash and signage; 3. Arrangements satisfactory to the Board for the provision of special services or equipment, such as traffic control, security personnel, or equipment that is needed to ensure safe operation of the event, which may include liability insurance; 4. Limiting attendance to ensure proper management, crowd control, and public safety; 5. Additional parking beyond what's proposed, together with additional points of vehicular ingress and egress; and 6. Managing nuisances such as excessive noise or light. IX. Application. A. Requirements for Permit Issuance. An application for a special event may be filed by the property or business owner, or another person having a contractual interest in the La Plata Land Use Code (LUC) DRAFT Page 70

71 property for which a special event is proposed. No application is required for an event that does not require a permit, as described in Subsection X.A, No Permit Required. B. Submittal Requirements. The following information is required to be submitted with an application (in addition to the required application fee): 1. A letter describing the purpose of the special event and indicating the proposed date(s) and time(s), anticipated number of participants, whether alcohol is to be served, and if amplified sound (music or other amplified noise) will be utilized; 2. For a Class B event, a legible site plan, drawn to scale, indicating vehicular and pedestrian traffic areas (parking, driveways, circulation etc.), gathering areas, setbacks, restroom and vendor locations, and locations of existing and planned structures to be used as part of the event; 3. Letters of coordination from the applicable fire district, County Sheriff's Department, and local emergency medical service (EMS) providers, as applicable; 4. Proof of receipt of any required licenses or permits; 5. Documentation from service providers for restroom facilities and garbage collection, as applicable; and 6. Other pertinent information deemed as necessary by the Administrator. X. Special Event Permit. A. No Permit Required. Private parties and gatherings held at a private residence that do not exceed 24 hours or 25 persons, and which do not include admission or rental fees or other charges do not require a permit and are exempt from the provisions of this Section. Such private gatherings may include, but not limited to, weddings, receptions, parties, family gatherings and celebrations, etc. B. Permit Required. 1. Class A. An application for an event of this class may be approved and the permit issued by the Administrator. 2. Class B. An application for an event of this class may require review and recommendations of the Administrator and County Engineer and a public hearing and decision of the Board. The required notice for the public hearing is as set forth in Subsection XII, Notice for Class B Permits. XI. Refusal or Revocation of Permit. The Administrator (Class A) or Board (Class B) may refuse to issue a permit if the event does not conform to the standards of this Section or if it is deemed unsafe for the proposed location. Furthermore, the Administrator or Board may revoke an issued permit if the event exceeds the operational standards of the event class set forth in this Section. XII. Notice for Events. The applicant for a Class A or Class B event shall provide written notice via Certificate of Mailing to all surrounding landowners identified, and return the proof of mailing of the event to the Department. The applicant shall also post notice of the event on the property as set forth below. The Administrator may require additional notices be sent to applicable agencies. La Plata Land Use Code (LUC) DRAFT Page 71

72 1. Mailed Notice. a. Contents. Written notice to surrounding land owners, as listed on the most recent tax rolls, shall contain at a minimum: 1. A description of the special event; 2. A site plan identifying activity locations; 3. The date(s) and duration of the event; 4. A date by when comments must be submitted; and 5. Contact information for the property owner and Planning Department. b. Timeframe. Notice is required to be mailed within seven days after application is submitted. 2. Posted Notice. Posted notice at spacing intervals of each 500 feet, or portion thereof, along each road frontage of the event site shall: a. Be posted within seven days after application submittal; b. Contain the date(s) and duration of the event; c. Contain a brief description of the event; and d. Contain a site plan identifying activity locations and compliance with the required setbacks. 3. Proof of Notice. Within 14 days after application submittal, the applicant shall provide the certified mail return receipts as proof of compliance with the written notice requirements, together with photographs and a signed affidavit to certify compliance with the posted notice requirements. CHAPTER 64 DEVELOPMENT AND DESIGN STANDARDS Subchapter 64-1 Purpose and Application Sec Purpose The purpose of this Chapter is to implement the general land use designations and densities of the District Plans, by enacting standards for the character and scale, density (residential), and intensity (commercial, industrial, institutional, and mixed-use) of Development as allowed within each Zoning District established by Sec , Zoning Districts Established. Sec Application and Exemption I. Application. This Chapter establishes standards for parcels, lots, or tracts that are proposed for Development, redevelopment, or substantial improvement within established neighborhoods, and all Zoning Districts, according to the following general categories: La Plata Land Use Code (LUC) DRAFT Page 72

73 A. Established Neighborhoods. Sec provides that Established Neighborhoods (EN) is an overlay district within which land uses, lots, and buildings which were legally established under the then-applicable Land Use Code are deemed to be conforming (rather than legally nonconforming) with this Code. B. Open, Agricultural, and Residential Neighborhood Standards. Sec through Sec set forth standards for Development in the AR, RR, SR, SU, and UR Development Districts, including lot area, width, density, open space requirements, and building specifications. Also, these Sections address alternative ownership arrangements. C. Commercial, Industrial, Institutional, Business, and Mixed-Use Development Standards. Sec sets forth standards for Development in the AC, SC, AU, MU, BP, IN, and PC Development Districts, including but not limited to, lot area, street frontage, floor area, landscape surface, and building setbacks. Subchapter 64-2 Open, Agricultural, and Residential Standards Sec Density and Lot Standards for New Neighborhoods I. Application. These density and lot standards apply to subdivisions of property that create at least two buildable lots, and to all proposed Development providing for two or more dwelling units on a single lot. A. Approved and Undeveloped or Partially Developed Subdivisions. Subdivision plats that have been approved and recorded with the Office of the Clerk and Recorder shall be developed according to their approval, including the housing types and densities approved by the Board. B. Subdivisions Pending Approval. Subdivision plats that have been filed as complete prior to the Effective Date of this Code shall be approved according to the housing types and densities approved by the Board. C. Resubdivision. Resubdivision of a previously recorded plat as a cluster or planned development within a Zoning District shall be developed of the same housing type(s) and on lots that are equal to or greater in lot area and width than the average of the abutting or adjacent lots. Alternatively, the property may be resubdivided within different housing types or of smaller lots if a Type D bufferyard (see Sec , Bufferyards) is platted as a landscape easement on each lot and planted along the entire shared boundary between the resubdivided and existing Development(s). D. Subdivisions After the Effective Date. Subdivision plats that are filed as complete after the Effective Date of this Code shall be developed in accordance with the Zoning District and Development type requested by the application for subdivision approval. II. Standard and Alternate Development Options. There are standard and alternate options for developing in the AR, RR, SR, SU, and UR Zoning District, as set forth in Table , Residential Zoning District Standards. La Plata Land Use Code (LUC) DRAFT Page 73

74 III. Calculations. A. Density. The total number of dwelling units that are allowed on a parcel or lot is determined by multiplying the maximum density by the acreage of the property. For example, a 200-acre Development in a Semi-Urban Residential (SU) district in which units per acre are allowed would allow a total of 30 dwelling units (200 acres x units per acre). B. Common Open Space. The amount of common open space that is required is determined by multiplying the acreage of the parcel or lot by the minimum common open space percentage set forth in Table , Residential Zoning District Standards. For example, a 200-acre Development in a Semi-Urban Residential (SU) district, in which there is a minimum of 20% open space, would require a minimum of 40 acres of common open space (200 acres X 0.20). IV. Housing Types. A. Standard Development. The housing types allowed in each Zoning District are set forth in Sec , Open, Agricultural and Residential Uses. B. Alternative Development Options (Cluster and Planned Development). Of the housing types allowed, a minimum of two housing types is required and additional housing types are allowed. 1. Density Limits. The types and combinations of housing allowed are limited by the maximum density for the Zoning District and option selected. Use of higher density attached or multi-family housing types will require an increase in common open space to stay within the applicable density limit. 2. Environmentally Constrained Properties. Properties that are constrained by topographic, geologic, or sensitive environmental features may opt for the planned development option to maximum the available density on the property. V. Interpretation of Table A. Development Standards. 1. District refers to the Zoning Districts. (Subchapter 63-1, Districts Established). 2. Minimum Lot Area sets forth the minimum acreage or square footage required for each lot. 3. Minimum Common Open Space sets forth the minimum percentage of the gross acres of each Zoning District and option to be set aside as common open space. 4. Maximum Density sets forth the maximum number of dwelling units per gross acre for each Zoning District and option. B. Lot and Building Standards. Within each Zoning District and option are the following standards: 1. Minimum Lot Width is the minimum width (in feet) of the lot, measured at the front lot line. 2. Minimum Setbacks are the minimum front, interior and street side, and rear building setbacks for each Zoning District and option. La Plata Land Use Code (LUC) DRAFT Page 74

75 Zoning District / By- Right Developmen t Options 3. Maximum Building Height is the maximum height of buildings. Minimum Area of Developmen t Table Residential Zoning District Standards Development Standards Minimu m Lot Area (per unit) Minimu m Common Open Space 1, 2 Standard Development Options (Single-Family Dwelling only) Agriculture / Farm and Ranch (FR) Agriculture Residential (AR) 4 Rural Residential (RR) Suburban Residential (SR) Semi-Urban Residential (SU) Urban Residential (UR) Maximum Density (minimum one unit) Minimu m Lot Width Fron t Lot and Building Standards Minimum Setbacks Interio r Side Stree t Side Rea r Maximu m Building Height 3 NA 70 ac. 0% , NA 20 ac. 0% NA 15 ac. 0% NA 10 ac.. 0% NA 5 ac. 0% ' 75' 20' 20' 150' 35' 5 ac. 10,000 sf. 12% ' 20' 0' 12' 50' 35' Alternative Development Options (Cluster and Planned Development)- See Sec , Bonuses for Conservation and Affordable Housing Rural Residential (RR) Suburban Residential (SR) Semi-Urban Residential (SU) Urban Residential (UR) 50 ac. 10 ac. 30% ac. 5 ac. 50% ' 90' 20' 30' 220' 35' 25 ac. 5 ac. 50% ac. 3 ac. 65% ' 80' 20' 20' 200' 35' 15 ac. 3 ac. 40% ' 80' 20' 20' 200' 35' 10 ac. 1 ac. 55% ' 40' 10' 15' 100' 35' 5 ac. 5,000 sf. 30% ' 20' 0' 15' 30' 35' 5 ac. See housing types below Housing Types (Allowed by-right or as a Planned Development in the SR, SU, and UR Districts,.) Apartment 5 ac. 1,500 sf. 35% 200' 35' 15' 25' 35' 45' Apartment, Refer to the 5 ac. 1,800 sf. 30% 200' 30' 12' 20' 30' 35' Executive density for Twin Home 5 ac. 9,000 sf. 15% the 65' 30' 6' 15' 30' 35' Duplex 5 ac. 4,500 sf. 15% applicable 35' 30' 6' / 0' 15' 30' 35' district and Tiny Home 5 5 ac. 1,500 sf. 25% planned 30' 25' 5' 10' 10' 25' Townhome, 5 ac. 2,500 sf. 20% developmen / 0' Weak-Link t option Townhome 5 ac. 2,000 sf. 25% above / 0' Triplex 5 ac. 4,500 sf. 20% 30' 30' 5' / 0' 15' 25' 35' TABLE NOTES: 1. In certain circumstances, a greater open space ratio may be necessary to protect sensitive areas, e.g., floodplain or floodway, steep slopes, geologic hazard areas, wetlands and water bodies, etc. If so, the cluster and planned development options offer increased densities with greater La Plata Land Use Code (LUC) DRAFT Page 75

76 Zoning District / By- Right Developmen t Options Minimum Area of Developmen t Table Residential Zoning District Standards Development Standards Minimu m Lot Area (per unit) Minimu m Common Open Space 1, 2 Maximum Density (minimum one unit) Minimu m Lot Width Fron t Lot and Building Standards Minimum Setbacks Interio r Side Stree t Side Maximu m Building Height 3 amounts of common open space set aside for these resource protection purposes. 2. The common open space applies to manufactured home and recreational vehicle parks in the districts where they are specially allowed, as set forth in Sec , Open, Agricultural, and Residential Uses. 3. See Sec , Residential Height and Area Exceptions. 4. Second homes are allowed in this district, as set forth in Sec , Accessory Uses and Buildings, Subsection VI.C., Second and Third Dwellings. 5. The minimum common open space is applicable to tiny house villages and recreational vehicle parks, as set forth in Sec , Tiny Homes. Rea r VI. Lot Averaging. The use of lot averaging allows the minimum lot area and width standards for the RR, SR, and SU Zoning District to be replaced with an average lot area and width for each housing type. Lot averaging is required for cluster and planned developments, provided the following conditions apply (See Figure , Lot Averaging): A. Equal to or Greater. The average lot area and width is equal to or greater than the lot area and width specified in the above table; and B. Greater than 90 Percent. No lot has a lot area or width less than 90 percent of the lot area or width specified in the above table. Figure Lot Averaging Example Shown: Three-acre lot in the Semi-Urban Residential (SU) District. VII. Requirements for Phased Developments. When a property is proposed to be subdivided in more than one phase, each phase shall include a proportionate share of the minimum required common open space and maximum density, unless otherwise approved by the Board. (Table , Residential Zoning District Standards) VIII. Common Open Space. A. Securely Held. The minimum required common open space, once established, shall not be developed. La Plata Land Use Code (LUC) DRAFT Page 76

77 B. Responsible Parties. Common open space shall be legally preserved through a deed restriction or conservation easement reasonably acceptable to the County, and may be held in the following ways: 1. By a special district formed pursuant to Title 32 of the Colorado Revised Statutes; 2. Through a duly recorded covenant of easement whereby the County is a party to the easement, as authorized by motion of the Board; or 3. Through a recorded conservation easement dedicated an organization, (e.g., land trust) capable of managing the open space in perpetuity; or 4. A Common Interest Community, as that term is defined in C.R.S with an easement dedicated to the Common Interest Community. C. Location on Private Lots. Open space may be located on private lots if the following is demonstrated: 1. Development is in the FR, AR, RR, or SR districts; or 2. In the UR district, multi-family Development is less than six acres or a single-family attached Development has 10 or fewer lots; and 3. Bufferyards and other open space areas are identified on the plat as landscape easements that must be maintained by either a homeowners' or property owners' association or the owner of the lot subject to the easement. IX. Cluster Development. A clustered development shall have a minimum of two housing types, with smaller lots that are clustered together to provide for common open space. (See Figure , Illustration of Cluster Neighborhood) La Plata Land Use Code (LUC) DRAFT Page 77

78 Figure Illustration of Cluster Development A. Open Space. 1. Designated resource protection areas shall be interconnected within a Development; to greenways and trails, utility corridors, river and stream riparian areas, wildlife corridors; and to abutting lands where such interconnection is feasible and does not materially compromise the resource value of the protection areas. 2. Common open space shall be integrated into Development design to afford access to the maximum number of properties; provided, however, that physical access may be limited if such limitation would materially enhance natural resource management. B. Perimeter Setbacks. Dwelling units on clustered lots shall be set back from the perimeter of the parcel at least to the following distances: 1. One to four lots: as required by Table , Residential Zoning District Standards. 2. Five or more lots: 75 feet. 3. When adjacent to an oil and gas pad: 250 feet from an oil and gas well head. X. Planned Neighborhood. A planned neighborhood shall have a minimum of two housing types, and shall use commonly-owned areas as organizing features. (See Figure , Illustration of Planned Development) La Plata Land Use Code (LUC) DRAFT Page 78

79 A. Single-family lots shall take access from an interior street, alley, or shared driveway. If a perimeter street is also a local road, lots shall front on an interior street and shall not take access to the perimeter road. B. Where a planned neighborhood abuts, is adjacent to, or is located across a road from existing housing, the nearest housing types shall be comparable to the existing housing in terms of the type, scale, and access. C. Where single-family detached or attached dwelling units abut multiple-family dwellings, a Type B bufferyard may be used to provide for enhanced compatibility between housing types. (Sec , Bufferyards) Figure Illustration of Planned Development Sec Residential Height and Area Exceptions I. Applicability. The regulations of this Section apply to the following Zoning Districts: A. Agriculture / Farm and Ranch (FR); B. Agriculture Residential (AR); C. Rural Residential (RR); D. Suburban Residential (SR); E. Semi-Urban Residential (SU); and F. Urban Residential (UR). II. Height. A. Maximum Building Heights. The heights of buildings shall comply with the maximum building heights set forth in Table , Residential Zoning District Standards. B. Height Restrictions. In no case shall the height exceptions listed in this Section exceed the height restrictions for properties that are within the boundaries of the Airport Overlay (AO) District. (Sec , Special and Overlay Districts and Standards Established) La Plata Land Use Code (LUC) DRAFT Page 79

80 C. The following appurtenances may exceed the prescribed height limits of the Zoning District in which they are located provided they are normally required for a use allowed in the Zoning District where they are erected or constructed: 1. Steeple or bell tower; 2. Chimney; 3. Cupola, dome, or spire; 4. Flagpole; 5. Monument; 6. Solar array, collector, condenser, or heat storage unit; or 7. Standpipe or other necessary mechanical appurtenances and their protective housing. III. Lot Area. Sec , Nonconforming Lots. IV. Side and Rear Yard Encroachments. A. Compliance Required. Any building, structure, or principal use erected, altered, or established after the Effective Date of this Code shall comply with the setback requirements of the Zoning District in which it is located. (Table , Residential Zoning District Standards) 1. All required setbacks shall be open from the ground to the sky, except for the allowed encroachments below. 2. The required setbacks for any building, structure, or use shall be contained on the same lot and in the same Zoning District as the building, structure, or use for which it is required. 3. Eaves and cornices may extend no more than four feet into a required setback, except that eaves may encroach up to five feet into a required setback when such yard is 10 feet or more in width and depth. 4. Chimneys may extend two feet into a required interior or street side setback, except that chimneys may encroach up to four feet into a required setback when such setback is 10 feet or more in width and depth. 5. Solar energy collectors and heat storage units of up to 200 square feet of collector surface area may extend two feet into any required setback of 10 feet or more. A solar energy collector and heat storage unit of any size needed to supply the building to which it is appurtenant may be treated as an accessory use. (Sec , Accessory Uses and Buildings) 6. Fences and Hedges. There shall be an unobstructed view within the sight distance triangle, within which there shall be no sight-obscuring or partly obscuring wall, fence, or foliage that is more than 24 inches above or foliage that is lower than 10 feet above road grade. (see Sec , Sight Distance Requirements) V. Setbacks. If a recorded subdivision plat imposes a building or setback line for a lot which is greater than the minimum setbacks required by Table , Residential Zoning District Standards, then, notwithstanding any other provision of this Code, the setback on the recorded plat shall dictate the minimum yard required. La Plata Land Use Code (LUC) DRAFT Page 80

81 Sec Alternative Ownership Arrangements I. Generally. The lot area and width and building setbacks referred to in this Subchapter relate to residential Development on conventional lots of record that are owned in fee-simple. This Section addresses other means by which residential lots may be owned and measured to conform to the standards of this Subchapter. A. Other Ownership Types. The standards set forth in this Section allow for ownership types other than fee-simple, including: 1. Single-ownership of all units (rentals); 2. Condominiums, in which the land is owned in common by the owners of the condominium units; or 3. Common maintenance communities, in which fee-simple ownership is limited to the land under the building, and, in some cases, a small area around it. B. Provision for Alternate Ownership. The alternative standards of this Section allow alternative ownership arrangements, provided that the Development conforms with this Code. (Sec , Density and Lot Standards) II. Demonstration of Compliance. The proposed method of ownership and pattern of Development will be allowed if it is demonstrated that it will comply with the maximum density, common open space, and applicable front, interior and street side, and rear setbacks of Sec , Density and Lot Standards for New Neighborhoods, as if it were platted with lots that meet the minimum requirements of this Subchapter. Sec Bonus for Conservation and Affordable Housing I. Public Benefits. This Section establishes density bonuses which achieve the following objectives of the County: A. Objectives. 1. Clustering dwelling units to preserve the maximum amount of land for contiguous open space; 2. Conserving environmental resources by transferring Development to areas of a site with the least impacts; 3. Locating individual structures on a lot or Development site either within or abutting forested areas and away from sensitive resources to preserve open meadows and views of the scenic landscape; 4. Preserving open land that is designated for wildlife corridors and habitats; 5. Setting aside open lands for use in combating fire risks and hazards; and 6. Providing space as easements for trails for public use and/or public lands access. B. Criteria. The criteria to warrant approval of a cluster or planned development are as follows: 1. The applicant must demonstrate compliance with the following: La Plata Land Use Code (LUC) DRAFT Page 81

82 a. The proposed cluster or planned development is within three miles of an incorporated municipality; b. A District Plan and/or the County Land Use Plan designating the property for the requested development intensity; and c. The public safety factors set forth in Sec , Zoning District Criteria. 2. The area subject to cluster or planned development must be suitable relative to the Standards Applicable to all Zoning Districts set forth in Sec , Zoning District Designation. II. Open Space Preservation and Environmental Conservation. In the Rural Residential (RR), Suburban Residential (SR), Semi-Urban Residential (SU), and Urban Residential (UR) Zoning Districts, there are three by-right development options: The cluster and planned development options increase density and common open space within each Zoning District. Increased densities provide bonuses to reward preservation and conservation. For example, the cluster and planned development options in the Suburban Residential (SR) district provide 46 percent and 69 percent density bonuses, respectively. (Table , Illustration of Bonuses in the SR District for Open Space Preservation and Environmental Conservation) Table Illustration of Bonuses in the SR District for Open Space Preservation and Environmental Conservation Minimum Lot Area Minimum Common Open Space Maximum Density Dwelling Units per 200 acres Percent Bonus 10 ac. 30% ac. 50% % 3 ac. 65% % III. Affordable Housing A. Bonus Available. The maximum densities for each Zoning District and option are provided in Table , Residential Zoning District Standards. For new Development in the Semi- Urban Residential (SU) or Urban Residential (UR) districts, the total number of allowable dwelling units may be increased by 10 percent if the Development applicant demonstrates compliance with all provisions of this Section. Such increase in density may be achieved by: 1. Reducing the width of lots to 85 percent (vs. 90 percent) of the lot area or width specified for the applicable housing type(s) set forth in Table , Residential Zoning District Standards; and/or 2. Use of a mix of alternate housing types. B. Development Requirements. 1. The cluster or planned development must be within three miles of an incorporated jurisdiction, and contain residential uses, of which at least 30 percent of the total number of dwelling units shall qualify as affordable dwelling units; 2. Affordable dwelling units must be of the same type as the market-rate units in the Development. In the case of a Development with two or more housing types, the type of affordable dwelling units must be in the same proportion as the market-rate units; La Plata Land Use Code (LUC) DRAFT Page 82

83 3. Affordable dwelling units shall be provided within each phase of the Development in sufficient amounts to serve the expected population of that phase; 4. Affordable dwelling units shall be integrated throughout the Development and not located in a single area of the Development; 5. Any studio dwelling unit designated as an affordable dwelling unit must be a minimum of 500 square feet in floor area; 6. The permitted uses and Development standards must be specifically enumerated in the Development application; 7. The Development application shall include the following information: a. A general description of the Development, including whether the Development will contain owner-occupied or rental units, or both; and b. The total number and type of market-rate and affordable dwelling units in the Development. 8. Prior to the issuance of a building permit for any portion of the Development, an affordable dwelling unit plan that contains, at a minimum, the following information shall be provided: a. The number of bedrooms in each market-rate and affordable dwelling unit; b. The square footage of each market-rate and affordable dwelling unit; and c. The location of each affordable dwelling unit within the Development. 9. Design Requirements. a. In terms of exterior appearance, affordable dwelling units shall be indistinguishable from market-rate dwelling units. External building materials and finishes for affordable dwelling units shall be the same in type and quality as those used for market-rate dwelling units; and b. Interior features of affordable dwelling units shall be functionally equivalent to those of the market-rate dwelling units, but the finishes and materials need not be identical. 10. Eligibility for Purchasers or Renters of Affordable Housing. a. The County shall promulgate rules and regulations governing the eligibility for purchasers or renters of affordable housing units. Those rules and regulations shall govern household size, makeup, and income, and shall be consistent with one or more of the following: i. Habitat for Humanity s Construction and Sale Program; ii. The Federal Rural Self-Help Housing Program; iii. The Federal Low-Income Housing Tax Credit Program; iv. HUD s Federal Section 202 and Section 811 Programs; La Plata Land Use Code (LUC) DRAFT Page 83

84 v. Any existing County workforce housing program agreement; or vi. Any other affordable/attainable housing program which Housing Solutions or La Plata Homes Fund, or their successors in interest, certify that such program has adequate procedures that limit the sales and rental costs of homes and verify the incomes of the occupants. 11. Deed Restrictions. Affordable housing units developed pursuant to this Section shall be deed-restricted to assure the availability of the unit for sale or rent to persons meeting the eligibility requirements set forth in this Section for a period no less than 20 years. Affordable housing units shall not be leased or rented for tenancies of less than 30 days. The County Attorney shall approve the mechanism and instruments used to restrict the duration of affordable housing. 12. Violations. Any sale or rental of an affordable dwelling unit during its term of affordability to persons who do not meet the eligibility requirements set forth above shall constitute a violation, and the provisions of Chapter 73, Enforcement and Remedies, shall apply. C. Developments Not Subject to a Bonus. The 10 percent density bonus provided above in Subsection (III)(A) shall not be available to: 1. Developments Subject to Existing Affordable-Attainable Housing Agreements with the City of Durango, Bayfield, or Ignacio, or with La Plata County. No provision of Subsection (II) applies to a Development, or a portion thereof, which, upon the Effective Date of this Code, is subject to any formal, written, and binding agreement for providing affordable housing, which agreement has been performed or remains in effect and may be performed by and after the Effective Date of this Code. 2. Developments with Three or Fewer Dwelling Units. Compliance with Subsection (II) shall not be required for Developments involving three or fewer dwelling units, unless the Development is modified within five years of the initial related land use application to increase the total number of dwelling units on the subject property to a number greater than three dwelling units. Subchapter 64-3 Commercial, Industrial, Institutional, and Mixed Use Standards Sec Nonresidential and Mixed-Use Site and Scale Standards I. Purpose. The purpose of this Subchapter is to set forth the dimensional standards for all nonresidential (e.g. commercial, industrial, and institutional) and mixed-use developments. II. Applicability. These standards, regulations, and requirements apply to Development within: A. The commercial and mixed-use (AC, SC, AU, and MU) and the business and industrial (BP, IN, and PC) Zoning Districts; and III. Dimensional Standards. Table , Nonresidential and Mixed-Use Site and Scale Standards, sets forth the standards applicable to Development of commercial, industrial, institutional, or mixed-use projects. La Plata Land Use Code (LUC) DRAFT Page 84

85 IV. Interpretation of Table A. Site and Scale Standards. 1. Minimum landscape surface establishes the minimum percentage of a lot required to be impervious cover. 2. Maximum building coverage establishes the maximum percentage of a lot that may be covered by structures. 3. Minimum lot area establishes the minimum size lot required within the applicable Zoning District. 4. Minimum road frontage establishes the minimum width of the lot that is parallel to and fronting a public road. 5. Maximum building height establishes the maximum height (in feet) of buildings within each Zoning District. B. Building Setbacks. Standard 1. Front refers to the minimum distance required between the front property line and the nearest point of the building's front facade. 2. Interior side refers to the minimum distance required between a side building facade and the property line on the side of the building that abuts an adjacent property. 3. Street side refers to the minimum distance required between a side building facade and the adjacent street right-of-way, which is also the side property line. 4. Rear refers to the minimum distance required between the rear building facade and the rear property line. 5. Residential district boundary refers to the minimum distance required between any building facade and a property line shared with a property that is used for a residence or is within a residential Zoning District. Table Nonresidential Building Size Commercial and Mixed Use Zoning Districts Business and Industrial AC SC AU MU BP IN PC Minimum Landscape Surface 25% 25% 12% 15% 18% 15% 20% Minimum Building Coverage Maximum Building Coverage Minimum Lot Area 25,000 sf. 7,500 sf. 15,000 sf. 5 ac. 10,000 sf. 15,000 sf. 1 ac. Minimum Road Frontage 100' 75' 90' 250' 80' 90' 150' Maximum Building Height 45' 35' 45' 55' 65' 65' 45' Maximum Gross Floor Area NA 15,000 SF. NA NA NA NA NA Minimum Setback - Front 25' 35' 25' 15' 55' 35' 35' - Interior Side 10' 15' 20' 15' / 0' 20' 20' 20' - Street Side 25' 25' 25' 15' 25' 25' 20' - Rear 20' 20' 25' 25' 25' 25' 25' La Plata Land Use Code (LUC) DRAFT Page 85

86 Standard Table Nonresidential Building Size Commercial and Mixed Use Zoning Districts Business and Industrial AC SC AU MU BP IN PC - Residential District Boundary 40' 25' 35' 40' 35' 50' 40' Front 10' Prohibited 15' Prohibited 15' 10' 15' Street Side 10' 10' 15' 15' 15' 10' 10' Sec Nonresidential Height and Area Exceptions I. Applicability. The regulations of this Section apply to the following Zoning Districts: A. Agricultural Commercial (AC); B. Suburban Commercial (SC); C. Auto-Urban Commercial (AU); D. Mixed-Use (MU); E. Business Park (BP); F. Industrial (IN); and G. Public and Community Facilities (PC). II. Height. A. Height Restrictions. In no case shall the height exceptions listed in this Section exceed the height restrictions for properties that are within the boundaries of the Airport Overlay (AO) District. (Sec , Overlay Districts Established) B. Exceptions. The following appurtenances may exceed the maximum building heights set forth at Table , Nonresidential and Mixed-Use Site and Scale Standards by no more than 10 percent, provided they are normally required for a use allowed in the Zoning District where they are erected or constructed: 1. Chimneys; 2. Condensers; 3. Cooling towers; 4. Cupolas, domes, and spires; 5. Elevator bulkheads; 6. Flagpoles; 7. Monuments; 8. Observation or ornamental towers; 9. Solar arrays, collectors, condensers, and heat storage units; 10. Stacks; and La Plata Land Use Code (LUC) DRAFT Page 86

87 11. Standpipes and other necessary mechanical appurtenances and their protective housing. III. Lot Area. Sec , Nonconforming Lots. IV. Yards. A. Required Compliance. Any building, structure, or use erected, altered, or established shall comply with the yard requirements of the Zoning District in which it is located, except as specified in this Section. 1. The required yards for any building, structure, or use shall be contained on the same lot and in the same district as the building, structure, or use for which it is required; and 2. All required yards shall be open from the ground to the sky, except for the allowed encroachments below. B. Encroachment. Canopies and overhangs on any side of a building may extend no more than four feet into a required yard. Sec Compatible Building Scale I. Purpose. In the instance where a commercial, industrial, institutional, or mixed-use (collectively, "nonresidential") building is located within, or directly adjacent to, a residential Zoning District, the nonresidential building shall be sized according to the Table , Nonresidential Building Size, specification so that it does not create a material impact on the neighborhood. II. Applicability. These standards apply within the Rural Residential (RR), Suburban Residential (SR), Semi-Urban Residential (SU), and Urban Residential (UR) Zoning Districts, and to any nonresidential building which is contiguous or directly adjacent to those Zoning Districts. III. Building Size. The gross floor area of any nonresidential buildings to which this Section applies shall be limited based on the type of road from which primary access is taken, as provided in Table , Nonresidential Building Size. Classification of Road from which Access is Taken Major Arterial Minor Arterial Major Collector Minor Collector Local Table Nonresidential Building Size Maximum Nonresidential Gross Floor Area No Maximum 50,000 sf. 20,000 sf. 10,000 sf. 5,000 sf. TABLE NOTE: Nonresidential buildings that are within or directly adjacent to a residential Zone District shall abide by the standards set forth in this Section and in Sec , Bufferyards. IV. Setback Planes. Where a commercial, industrial, institutional, or mixed-use (collectively, "nonresidential") building is contiguous or directly adjacent to a residential use or Zoning District then, in addition to the required building setbacks the building shall be set back five La Plata Land Use Code (LUC) DRAFT Page 87

88 feet from the property line for each one foot in building height over the maximum allowed building height. Subchapter 64-4 Design Standards Sec Manufactured Home Parks I. Purpose. This Section establishes standards for the Development of manufactured home parks and the placement of manufactured homes within those parks in a manner that is safe and livable for their inhabitants. II. Applicability. These standards apply: A. To all new Development of manufactured home parks; and B. Within the Zoning Districts in which they are allowed. (Table , Open, Agricultural, and Residential Uses) III. Code Compliance. The proposed placement of a manufactured home park and occupancy of a manufactured home shall fulfill: A. All building, electrical, fire, life safety, and other applicable requirements of the La Plata County Code, as amended; B. The requirements of the Colorado Manufactured Housing Installation Code; and C. Any other requirements necessary to obtain a Certificate of Occupancy. IV. Minimum Standards. A. Water Availability and Capacity. A manufactured home park must demonstrate the capacity of the site relative to the proof of physically and legally available water, including when applicable, a safe yield analysis. B. Vehicular Circulation. A manufactured home park must provide interior vehicular circulation on a public or private internal road system. The road system shall be continuous and connected with other internal or public streets. Cul-de-sacs shall have a minimum diameter of 90 feet and a maximum length of 300 feet. C. Screening. A solid fence or wall of a minimum height of six feet shall be installed along all side and rear property lines of the park, which shall be maintained in good repair by the property manager or owner. D. Solid Waste Facilities. Common refuse containers shall be provided for each 10 spaces, which shall be no greater than 300 feet from any lot or space within the park. All refuse attractants shall be secured in bear resistant enclosures, containers, dumpsters or securely stored at all times within a garage, shed, or other structure at least as secure as a Sidewalks: 1. An integrated internal pedestrian circulation system shall connect all homes, common open spaces, and parking areas. 2. The pedestrian circulation system shall consist of sidewalks or paved pathways that are separate from parking and vehicular circulation areas; and La Plata Land Use Code (LUC) DRAFT Page 88

89 3. Sidewalks and pathways shall have minimum widths of four feet and three feet, respectively, and be clear of any vehicle overhangs and other obstructions E. bear resistant enclosure, except when being transported for pickup. F. Separation and Setbacks for Accessory Buildings. 1. An accessory building or structure shall maintain a minimum rear and side yard setback of five feet; and 2. A minimum of 10 feet shall be provided between any manufactured home and an unattached accessory building. G. Perimeter Setbacks. Each manufactured home park shall have a minimum perimeter setback of 30 feet from adjacent uses and 70 feet from adjacent agricultural uses. No space for a dwelling unit or any other structures or parking areas shall be allowed in this required setback. H. Utilities: Electrical, gas, communications, water, wastewater, and storm drainage utilities that serve individual buildings shall be installed underground. I. Lighting. Sec , Outdoor Lighting. J. Common Open Space. Manufactured home parks and subdivisions shall have a minimum 20 percent common open space. K. Siting. 1. The area of a home site shall be graded for adequate stormwater runoff and to prevent shifting or settling of the manufactured home. 2. A minimum distance of 20 feet shall separate each manufactured home unit. 3. No manufactured home shall be placed in a floodway/floodplain, fire, or other hazard area. L. Orientation. 1. Homes shall be oriented on the lot so that the widest dimension is parallel with the street. 2. A perpendicular or diagonal placement is allowed if the narrow dimension of the unit, as it appears from the road, is no less than 50 percent of the unit's long dimension. V. Accessory Uses. Laundry, office, maintenance, and service buildings that provide services to the manufactured home park's residents are allowed as accessory uses. VI. Recreational Vehicles. In manufactured home parks, a maximum of 30 percent of the total lots or spaces in the park may be designated for the placement of recreational vehicles. VII. Care and Maintenance. Required with approval of a manufactured home park is a set of covenants, conditions, and restrictions that address the methods and means of maintenance for all common areas and improvements, such as community facilities, water and wastewater systems, solid waste, private roads, and other improvements common to the Development. Such documents shall be recorded as a condition precedent to the filing a plat of the property. La Plata Land Use Code (LUC) DRAFT Page 89

90 VIII. On-Site Management. One manufactured home or other structure worthy of occupancy shall be provided for on-site management for parks that have more than 20 units. Such unit shall be noted on the plat or site plan for use as a permanent office and/or residence for the property manager. The property manager shall be responsible for operation, maintenance, and enforcement, including: A. Supervision to maintain facilities and equipment in good repair; and B. Maintain an as-built site plan showing space locations and numbers. IX. Public Safety. The developer shall provide fire hydrants that are in compliance with the adopted La Plata County Fire Code. X. School Bus Access. Bus shelters and adequate maneuvering areas for school buses may be required. XI. Adequate Infrastructure. As a condition of submittal and approval, the developer shall demonstrate compliance with the standards applicable to Zoning Districts set forth in Sec , Zoning District Criteria. Sec Multi-Family Housing I. Purpose. The purpose of this Section is to establish standards for the appearance and design of multi-family dwellings and complexes. II. Applicability. A. General Standards. 1. These standards apply within the Zoning District in which they are allowed. (Sec , Open, Agricultural, and Residential Uses) 2. These standards also apply to mixed-use buildings or Developments with a residential component. B. Enhanced Standards. The standards of Subsection IV, Enhanced Design Standards, below, are required for planned developments and within the following District Plans: 1. Animas Valley; 2. Durango District 3. Florida Mesa; 4. Florida Road; 5. La Posta Road; 6. North County; and 7. West Durango. III. Minimum Standards. A. Orientation. The placement of a principal building in a perpendicular or sideways orientation on an interior or through lot is prohibited. (Figure , Building Orientation) La Plata Land Use Code (LUC) DRAFT Page 90

91 B. Building Placement. All single building apartment Developments shall be designed such that a primary entrance and windows face any abutting road except where the topography causes the lot shape and width to limit the orientation of the building. C. Sidewalks: 4. An integrated internal pedestrian circulation system shall connect all buildings, common open spaces, and parking areas. 5. The pedestrian circulation system shall consist of sidewalks or paved pathways that are separate from parking and vehicular circulation areas; and 6. Sidewalks and pathways shall have minimum widths of six feet and four feet, respectively, and be clear of any vehicle overhangs and other obstructions. D. Utilities: 1. Electrical, gas, communications, water, wastewater, and storm drainage utilities that serve individual buildings shall be installed underground. Meters shall be located on the rear of the building, in meter rooms, or screened from view from public rights-ofway and abutting property by screen walls and/or landscaping. 2. Roof-mounted HVAC and elevator equipment, except chimneys and vent pipes, shall be not less than 90 percent screened from view from road-level and abutting properties. This standard may be waived if it is demonstrated that the grade change to the abutting road or abutting property is so significant that screening with roof forms or parapet walls is not feasible, and the maximum practical level of screening is achieved. 3. Ground-mounted HVAC equipment shall be completely screened from view from road-level and abutting properties by building walls, landscaping, and / or screen walls. E. Parking: When visible from any abutting road, garages shall be located on the side or behind the rear façades of multiple-family buildings. F. Lighting. Sec , Outdoor Lighting. IV. Enhanced Standards. A. Building Articulation. All buildings must use differentiating features to add visual interest or to mark transitions between floors. 1. No building elevation shall have an uninterrupted blank wall with a 15-foot vertical or 20 foot horizontal dimension. Interruptions may include windows, building wall offsets, changes in building materials, or other architectural detailing. 2. Two-story buildings shall provide horizontal articulation, including: a. Belt courses, score lines, or other relief combined with a change in color; b. Changes in materials (e.g., from brick to siding, or from stone to stucco); c. Awnings that are aligned on a horizontal plane; d. Balconies; and/or La Plata Land Use Code (LUC) DRAFT Page 91

92 e. Stepbacks or cantilevered projections from the building wall. B. Materials and Colors. Natural building materials and colors shall be used on at least 60 percent of the roof and building wall facades. C. Form and Massing 1. Building massing shall step back on south-facing elevations to allow the sun to reach the ground. 2. Roofs shall be designed to shed snow away from entrances, decks, walkways, and garages. D. Relationship to Street 1. Multi-Family Complexes. Buildings shall be oriented: a. To the street from which the site takes access, with prominent, architecturally defined entrances; or b. To an interior courtyard or an interconnected system of open spaces and pedestrian areas, with a prominent pedestrian entry to the site. Figure Building Orientation Sec Tiny Homes I. Purpose. The purpose of this Section is to provide standards for the siting, construction, and use of tiny homes, as either temporary or permanent housing within the County. II. Applicability. The standards apply to permanent tiny homes and tiny homes on wheels in those Zoning Districts in which they are allowed. Construction and/or installation of a tiny home or a tiny home site shall be subject to all applicable land use and building permits provided by the La Plata County Code. III. Types. A. Permanent. 1. A tiny home is subject to the standards of the Building Code adopted by the County. La Plata Land Use Code (LUC) DRAFT Page 92