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Title 16. Article 1.Introductory Provisions
Sec. 1.1.Title
Table of Contents
Article 1 General Provisions 1-1
Sec. 1.1 Title 1-1
Sec. 1.2 Authority 1-1
Sec. 1.3 Applicability 1-1
Sec. 1.4 Enactment and repeals 1-1
Sec. 1.5 Purposes 1-1
Sec. 1.6 Minimum Standards; Conflict with Private Restrictions 1-2
Sec. 1.7 Transitional Provisions 1-2
Sec. 1.8 Fees 1-3
Sec. 1.9 Severability 1-3
Sec. 1.10 Commentaries 1-3
Article 2 Zoning District 2-1
Sec. 2.1 Districts Established 2-1
Sec. 2.2 Official Zoning Map 2-1
Sec. 2.3 Interpretation of District Boundaries 2-1
Sec. 2.4 Compliance with District Standards 2-2
Sec. 2.5 Piedra, Upper Piedra District 2-2
Sec. 2.6 RA-10, Resource Area District 2-5
Sec. 2.7 RR-5, Residential Rural District 2-5
Sec. 2.8 RE-1, Residential Estate District 2-6
Sec. 2.9 RSL, Residential Small Lot 2-6
Sec. 2.10 GB, General Business District 2-7
Sec. 2.11 LI, Light Industrial District 2-7
Article 3 Use Regulations 3-8
Sec. 3.1 Use Table 3-8
Sec. 3.2 Use-specific Standards 3-11
Sec. 3.3 Accessory Uses and Structures 3-22
Sec. 3.4 Density and Dimensional Standards 3-25
Article 4 Special Purpose and Overlay Districts 4-1
Sec. 4.1 -PDO, Planned Development Overlay 4-1
Sec. 4.2 PD, Planned Development 4-5
Article 5 General Development Standards 5-1
Sec. 5.1 Scope and applicability 5-1
Sec. 5.2 Off-road parking 5-1
Sec. 5.3 Water supply 5-4
Sec. 5.4 Sewage disposal 5-6
Sec. 5.5 Fire Protection 5-7
Sec. 5.6 Roads 5-9
Sec. 5.7 Driveways and access 5-11
Sec. 5.8 Trails 5-12
Sec. 5.9 Fences and walls 5-12
Sec. 5.10 Landscaping and screening 5-13
Sec. 5.11 Signs 5-15
Sec. 5.12 Outdoor lighting 5-19
Sec. 5.13 Road Lighting 5-19
Sec. 5.14 Open Space and Common Area 5-19
Sec. 5.15 Drainage, Natural and Historic Drainageways 5-20
Sec. 5.16 Mandatory Homeowners' Association 5-21
Sec. 5.17 Floodplains 5-22
Sec. 5.18 General Site Planning Standards 5-26
Sec. 5.19 Residential Protection Standards (Compatibility) 5-29
Sec. 5.20 Operational Performance Standards 5-30
Sec. 5.21 Land Dedications and Fees In-Lieu 5-32
Article 6 Subdivision Standards 6-1
Sec. 6.1 Applicability 6-1
Sec. 6.2 General 6-1
Sec. 6.3 Legal Building Site 6-1
Sec. 6.4 Building Lots 6-2
Sec. 6.5 Easements 6-3
Sec. 6.6 Clustered Subdivision Design Standards 6-4
Article 7 Decision-making Bodies and Officials 7-1
Sec. 7.1 Board of County Commissioners 7-1
Sec. 7.2 Planning and Zoning Commission 7-2
Sec. 7.3 Board of Adjustment 7-4
Sec. 7.4 Floodplain Board of Appeals 7-4
Sec. 7.5 Administrator 7-5
Sec. 7.6 Building Official 7-5
Sec. 7.7 Floodplain Administrator 7-6
Article 8 Administration and Procedures 8-1
Sec. 8.1 Common Procedure 8-1
Sec. 8.2 Public Notices and Hearings 8-5
Sec. 8.3 Development Permits 8-8
Sec. 8.4 Building Permits 8-10
Sec. 8.5 Certificates of Occupancy 8-11
Sec. 8.6 Administrative Review Procedure 8-8
Sec. 8.7 Written Interpretations 8-12
Sec. 8.8 Text and Zoning Map Amendments (Rezonings) 8-13
Sec. 8.9 Subdivisions 8-14
Sec. 8.10 Conditional Use Permits 8-34
Sec. 8.11 Special Use Permits 8-37
Sec. 8.12 Site Plan Review 8-40
Sec. 8.13 Floodplain Development Permits 8-41
Sec. 8.14 Floodplain Variances 8-44
Sec. 8.15 Sign Permits 8-45
Sec. 8.16 Temporary Use Permits 8-46
Sec. 8.17 Variances 8-47
Sec. 8.18 Appeals of Administrative Decisions 8-49
Article 9 Enforcement and Penalties 9-1
Sec. 9.1 Enforcement 9-1
Sec. 9.2 Penalties for Violation 9-1
Article 10 Nonconformities 10-1
Sec. 10.1 Nonconforming uses and structures 10-1
Sec. 10.2 Nonconforming lots 10-2
Article 11 Definitions 11-1
Sec. 11.1 Rules of Construction 11-1
Sec. 11.2 Use Categories 11-2
Sec. 11.3 Definitions 11-20
Index 1
Appendix A 4
Article 3: Use Regulations
Sec. 3.2 Use-specific Standards
Article 1 Introductory Provisions
Sec. 1.1 Title
This LDC shall be known and may be referred to as the “Hinsdale County Land Development Code” or as the “Land Development Code” or simply as this “LDC.”
Sec. 1.2 Authority
It is the intent of the Board of County Commissioners in adopting and enforcing this Land Development Code to exercise all relevant authority and powers conferred on it by the laws of the State of Colorado, including, but not limited to, the following sections of Colorado Revised Statutes, as they may be amended and supplemented from time to time:
A. Chapter 28 of Title 30 (County Planning, Zoning, Subdivision);
B. Chapter 65.1 of Title 24 (Areas and Activities of Local and State Interest);
C. Chapter 67 of Title 24 (Planned Unit Development);
D. Chapter 20 of Title 29 (Local Government Land Use Control Enabling Act); and
E. Applicable provisions of Chapter 11 of Title 30 (County Powers and Functions).
Sec. 1.3 Applicability
The provisions of this Land Development Code apply to all development of buildings, structures and uses of land throughout unincorporated Hinsdale County, whether such development is done by a public, quasi-public or private entity, to the extent allowed by law. It does not apply to land within the territorial limits of any incorporated municipality. Further, the zoning and use regulations of Article 2, Article 3, and Article 4 do not apply to the unzoned portion of the County. THIS SECTION REQUIRES REVIEW //The building code and use tax resolutions apply to all Hinsdale County construction, including construction in the Piedra and the otherwise unzoned portion of the county. Resolution _____, Series 2006.
Sec. 1.4 Enactment and repeals
Upon the adoption of this LDC, the following are hereby repealed in their entirety: the Resolution Establishing Zoning Districts for Hinsdale County, Colorado, originally adopted August 3, 1979, together with all amendments thereto, as adopted anew on July 5, 2006; the Piedra Zoning Regulations adopted October 3, 2001, the Hinsdale County Subdivision Regulations, originally adopted July 8, 1986, as adopted anew on July 5, 2005,; together with all amendments thereto; and any other ordinance, resolution or regulation inconsistent with this LDC.
Sec. 1.5 Purposes
The LDC is adopted for the purposes of promoting the health, safety and general welfare of the Citizens of Hinsdale County. It is adopted in accordance with and is intended to implement the Lake City/Hinsdale County Community Plan, as adopted by Resolution #______on ______. More specifically, this LDC is intended to do one (1) or more of the following:
A. Encourage orderly development of property, with respect for the property rights of Hinsdale County citizens.
B. Facilitate the provision of adequate transportation, water, sewerage, schools, parks and other public facilities and services.
C. Promote development predictability.
D. Prevent overcrowding of buildings and sites to the detriment of community character.
E. Promote safety from fires, floods, traffic hazards and other dangers.
F. Protect the tax base of the county and promote the development of a more attractive and wholesome environment.
G. Discourage development that poses unreasonable public costs in providing adequate public facilities and services.
H. Establish a process that effectively and fairly applies the regulations and standards of this LDC, respecting the individual and collective rights of property owners and other citizens.
Sec. 1.6 Minimum Standards; Conflict with Private Restrictions
The provisions of the LDC are the minimum standards necessary to accomplish its stated purposes. It is not the intent of this LDC to interfere with, abrogate or annul any private easement, covenant, deed restriction or other agreement between private parties. When the provisions of this LDC impose a greater restriction than imposed by such private agreements, the provisions of this LDC shall control. When private agreements impose a greater restriction than imposed by this LDC, such private agreements shall control.
Sec. 1.7 Transitional Provisions
A. Allowed Uses
Any land use not otherwise permitted by the LDC (See Sec. 3.1, Use Table), may be approved within one year following the effective date of this LDC, subject to the approval of a Special Use Permit pursuant to the provisions of Sec. 8.11. Thereafter, uses approved under this transitional provision shall be considered nonconforming uses and may continue subject to the provisions of Article 10, Nonconformities.
B. Applications Submitted Prior to Effective Date
1. Any complete application submitted before the effective date of this LDC may be completed in conformance with applicable permits and conditions of the regulations in effect at the time of submission of the application, even if such application does not fully comply with provisions of this LDC.
2. If construction is not commenced or completed according to the applicable terms of the application, the Town Council Board of County Commissioners may, for good cause shown, grant an extension of up to one year for such construction. If the building is not completed within the time allowed under the original application or any extension granted, then the building may be constructed, completed or occupied only in compliance with this LDC.
C. Projects Under Construction Prior to Effective Date
1. Any building or development for which a permit was issued before the effective date of this LDC may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this LDC.
2. If construction pursuant to a building permit is not completed according to the applicable permit terms, the Board of County Commissioners may, for good cause shown, grant an extension of up to one year for such construction. If the building is not completed within the time allowed under the original permit or any extension granted, then the building may be constructed, completed or occupied only in compliance with this LDC.
D. Prior Approvals
1. Any pre-existing use that is permitted as a Conditional Use pursuant to this LDC shall be deemed to have already received Conditional Use Permit approval. Provided, however, that any change or expansion of a conditional use, whether pre-existing or otherwise, shall require a new Conditional Use Permit pursuant to the terms of this section.
2. Any pre-existing use that is permitted as a Special Use pursuant to this LDC shall be deemed to have already received Special Use Permit approval. Provided, however, that any change or expansion of a Special Use, whether pre-existing or otherwise, shall require a new Special Use Permit pursuant to the terms of this section.
Sec. 1.8 Fees
A. Fees for the processing of land use applications for proposed developments shall be set by resolution of the Board of County Commissioners commensurate with the level of service. Such fees may include all costs occasioned to the County, including publication of notices, public hearing and review costs, planning and engineering, legal and other professional review costs.
B. No person or entity owing money to the County, in any amount or for any purpose, including delinquent taxes certified by the County Treasurer or any land use application fees, may be granted any Building Permit or any other development approval and the County and any of its boards, commissions, departments, officers or agents will take no action on a Building Permit or other land use application until all moneys owed the County by an Applicant are paid. This provision shall not prohibit the County or any of its designees from conducting a pre-application conference or determining application completeness. Furthermore, this provision shall not prevent the approval of a Building Permit or other land use application to an applicant that is in the process of litigating or arbitrating a disputed claim with the County.
Sec. 1.9 Severability
It is hereby declared to be the intention of Hinsdale Board of County Commissioners that the sections, paragraphs, sentences, clauses and phrases of this LDC are severable, and if any phrase, clause, sentence, paragraph or section of this LDC shall be declared unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this LDC, since the same would have been enacted by the Board of County Commissioners without the incorporation in this LDC of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
Sec. 1.10 Commentaries
Whenever a provision of this LDC requires additional explanation to clarify its intent, a “Commentary” is included. They have no regulatory effect, but rather are intended solely as a guide for administrative officials and the public to use in understanding and interpreting this LDC.
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Hinsdale County, Colorado 8/21/2006
Land Development Code F I N A L D R A F T
Article 3: Use Regulations
Sec. 3.2 Use-specific Standards
Article 2 Base Zoning Districts
Sec. 2.1 Districts Established
In order to implement Lake City/Hinsdale County Community Plan and the other purposes and provisions of this LDC, Hinsdale County, Colorado, the following base districts are established.
Base Zoning DistrictsResidential Districts
Piedra / Upper Piedra
RA-10 / Resource Area New Names??
RR-5 / Residential Rural
RE-1 / Residential Estate New Names??
RSL / Residential Small Lot
Nonresidential Districts
GB / General Business
LI / Light Industrial
Overlay and Special Purpose Districts
-PDO / Planned Development Overlay
PD / Planned Development
Sec. 2.2 Official Zoning Map
The boundaries of the districts established by this LDC shall be shown on a map or series of maps entitled "Official District Map," an up-to-date copy of which shall be maintained in the office of the Administrator. Original copies of the official map and all amendments thereto shall be maintained (and recorded) in the County Clerk's office. In any dispute regarding the classification of property subject to this LDC, the original map maintained by the County Clerk shall control.
Sec. 2.3 Interpretation of District Boundaries
A. Generally
This section shall govern interpretations regarding the location of zoning district boundaries shown on the official map.
B. Boundaries following property lines
District boundaries shown as approximately following property lines shall be construed as following such property lines.
C. Boundaries following right-of-way lines
District boundaries shown as approximately following right-of-way lines of a road, highway, alley, railroad or other identifiable boundary shall be construed as following such right-of-way line or identifiable boundary.
D. Boundaries not following identifiable features
On unsubdivided land or when a district boundary follows no identifiable feature, the location of district boundaries shall be determined by using the map scale appearing on the official map, unless the district line is indicated by dimensions printed on the official map, in which case the printed dimensions shall control.