Elk in Rocky Mountain National Park
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of April 28, 2010

 

The Larimer County Planning Commission met in a special session on Wednesday, April 28, 2010, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Dougherty, Glick, Hess, Morgan, and Weitkunat were present.  Commissioner Hart was absent.  Commissioner Wallace presided as Chairman.  Also present were Linda Hoffmann, Planning and Building Services Division Director, Russ Legg, Chief Planner, Matt Lafferty, Principle Planner, Karin Madson, Planner II, Toby Stauffer, Planner II, Martina Wilkinson, Senior Civil Engineer, Jeff Goodell, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

Commissioner Wallace thanked the members of the Horse Regulations working group.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

None

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  

None

 

AMENDMENTS TO THE AGENDA:

None.

 

ITEMS:

 

ITEM #1  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE, #09-CA0101:  Ms. Hoffmann provided background information on amending the Land Use Code regarding horse business facilities.  She also acknowledged the members of the working group.  She stated that two areas that the horse business facility study addressed were boarding stables and riding academies.  She stated that the objectives of the study were to support public health, safety, welfare, and land stewardship, create land use regulations for horse businesses that were fair and measurable, match the level of the review with the potential impact from the business, promote positive interaction between neighbors, and be consistent with other regulation.  She noted that the recommendation dealt with three areas:  1) separate accessory use from principal use, 2) achieve approval through use of a scalable system, a new review process, and applicable standards, and 3) utilize a transition program.  She explained the proposed transition period, which would give potential applicants a grace period for equestrian operations and would be available for 12 months after the new regulations went into effect.   The review process during the program would be a public site plan with a guaranteed 8-week review.  She noted that eligibility and fees associated with the transition program were still under consideration.  She explained the new proposed definition of Accessory Horse Keeping, which would allow a maximum number of boarded horses, a maximum of 8 riding lessons per week, lights and speakers to be off by 9:00 p.m., limited trailer storage, and the requirement of a registration certificate for new business.  She explained the proposed equestrian operation definition, which combined current boarding stable and riding academy definitions.  She mentioned that to obtain approval there would be three tiers of review for operations that were not use by right.  The three tiers were public site plan, minor special review, and special review and would be based on intensity of use.  She explained the new public site plan review process and noted that it would be used during the transition period. 

 

 

She stated that the proposed scalable system for equestrian operations would apply a maximum of one horse per ½ acre standard for all business.  The level of review would be based on a formula that included three criteria:  number of horses boarded or kept for training, number of weekly trainee visits, and points associated with the size of the property.  She explained that points would be given in regards to density or intensity of use and more points would be given to smaller properties.  She noted that Section 8 standards of the Land Use Code would apply during review.  However, the proposed changes to Section 8 would allow for formal appeals, allow all weather surfaces, and allow alternative services.  She mentioned that the resource stewardship plan would be initiated and include advice on selecting suitable methods and techniques, feature an executive summary checklist of key management practices, and be incorporated into documentation of application approval.  She thanked the staff, the Planning Commission, the public, and the working group for their hard work.

 

Russ Legg, Chief Planner, noted that two letters were submitted for the record.  The first letter was from the Agricultural Advisory Board stating they were in support of the proposed regulations.  The second letter stated citizen concern regarding the Accessory Horse Keeping and asked that the number of horses allowed for training and by right be increased by two horses.  He thanked the staff for their time and effort in creating the proposed amended Land Use Code language.  He explained the proposed amendments to the Land Use Code which were to Section 0.1 Definitions, and Section 4.3.10 Accessory uses and structures which added Personal Horses and Accessory Horse Keeping.  He also explained the proposed new Section 6.2 Public Site Plan Review.  He noted the amendments to Section 4.3 Use Descriptions and Conditions, which included the Equestrian Operation definition and formula.  He noted that the Environmental Advisory Board reviewed the proposal and was in support.  The Planning Department was recommending approval of the amendments to the Larimer County Land Use Code by amending Sections 0.1 Definitions, 4.3.10 Accessory uses, 6.2 Public site plan review, 4.3.1 Agricultural uses, adding equestrian operations and deleting boarding stable and riding academy from zoning districts:  44.1.1. FA-Farming, 4.1.2. FA-1 Farming, 4.1.3. FO-Forestry, 4.1.4. FO-1 Forestry, 4.1.5. O-Open, 4.1.8. RE-Rural estate and 4.1.21. AP-Airport.  The amendments were recommended to be effective by August 2, 2010.

 

PUBLIC TESTIMONY:

Bonnie Templeton, Loveland residence, was a member of the working group.  She mentioned that one member of the working group gave five riding lessons a week and charged $10 per lesson.  Under the existing regulations, she would have to pay $2300 to start just to make $50 a week.  Under the new regulations, she would qualify as the accessory horse keeping and just have to fill out the registration certificate.  The new proposal took care of the unintended consequences of the current processes.  She stated that under the current standards many small operations would be out of business.  She felt that the consumer opinion was also very important.  She remarked that diversity of businesses was important.  She was in favor of the proposed amendments.

 

LuAnn Goodyear, member of the working group, stated that she appreciated the support that the working group received from the Planning Commission and Board of County Commissioners.  She felt that the new regulations would be a great positive change compared to the current regulations.  The new regulations would also allow her to expand her business and still keep it affordable.  It had been an educational and exceptional experience and strongly supported the regulations.  She thanked Linda Hoffmann for her time and effort.

 

Mark Loader, supported the efforts of everyone as he was a long time resident of Larimer County.  He had questions regarding the formula relating to smaller vs. larger properties.  He mentioned that under the Accessory Horse Keeping amendment, one could have four-boarded horses on less then 10 acres.  With 35 acres, he could only have eight boarded horses and eight riding lessons.  He felt that it would behoove the larger property owners to allow them more benefit both in the formula and in the accessory horse keeping.  He stated that the amendments were a great improvement.

 

Beth Beymer, thanked the working group and was happy with the proposed changes.  She appreciated the scaled review process and the transition program.  She did agree with increasing the accessory horse keeping by two horses. 

 

Trisha Swift, was appreciative of the opportunity to be a part of the working group.  She also agreed with adding more horses to the accessory horse keeping and larger properties.

 

Kathy Doesken, was a member of the working group and thanked Ms. Hoffmann for her work. She was glad to have land stewardship incorporated in the regulations.  She also agreed that more horses should be considered for the larger parcels in regards to the accessory horse keeping. 

 

Kathleen Kilkelly stated that she was a member of the working group in the neighbor category.  She stated that she was very interested in the resource stewardship plan.  She thanked the Planning Commission for their active participation in the working group meetings.  She asked that a recommendation of approval be supported as she felt that it would better Larimer County both for equine operators and for neighbors.  She wanted a sustainable horse community in Larimer County so she could utilize trainers, facilities, etc.  She requested a recommendation be made so there would be strong resources to allow the development of the templates for the resource stewardship plan guidelines.  She felt that it was one of the most important points and that a list of best management practices and references would not result in an acceptable and quality resource stewardship plan by an applicant.  It needed to be simplified and an easy to follow guide. 

 

Joe Skelton congratulated the participants of the process.  He was a larger landowner, and he did not believe the accessory use proposal met the needs of the larger landowner.  He felt that there needed to be additional recognition.  He also questioned the period allowed to develop the resource stewardship plan.  He thought that the stewardship plan needed to be a checklist and wondered if more time was needed to develop the it.  He stated that the proposal for accessory horse keeping limited 8 boarded horses and 8 training visits on 35 acres or greater.  He felt that more flexibility in the numbers would help the larger landowners.  He also thought maybe the location of the property should be examined. 

 

Audrey Stockton hoped that the regulations would be adopted knowing that it was a working document and could be amended.

 

Karin Livingston, 4-H leader and stable owner, applauded the working group.  She remarked that she was a 20-year stable owner and asked that the existing stables had some special consideration based on the contributions they had made to the economy largely to the horse service sector.  She advocated extreme leniency during the transition period. 

 

 

Commissioner Wallace wondered how many people would utilize the transition program.

 

A majority of the public indicated that they would use the transition program.

 

Mr. Skelton stated that the existing regulations were so onerous that people did not want to come forward due to the current regulations, process, and costs. 

 

Mr. Loader pointed out that the current regulations allowed a 200-acre parcel to have 400 horses but the new regulations only allowed eight.  The current costs to get approvals were also very great. 

 

Jo Cook, member of the working group, hoped that the regulations went forward and endured for years to come in light of what the working group and current commissioners had been working toward.

 

Bonnie Cornfeld stated that she lived in a neighborhood and loved horses.  However she had to board them because of her location, and the horse boarders needed regulations that they could abide by and would be favorable to the horse community.  

 

DISCUSSION:

Commissioner Cox questioned Section 4.3.10.I.10 that stated, “Any property owner who establishes accessory horse keeping after August 2, 2010 must complete and sign an Accessory Horse Keeping Registration Certificate prior to operation.”  She proposed that the wording say “should complete”  instead of “must complete” and that the regulation of completing and signing the certificate apply to any property owner that had accessory horse keeping in order to encourage everybody to sign one.  She did not see how the proposed language could be enforced and believed that existing and new horse keeping operations should complete the registration so there was a record.  She felt that a time frame and the word “must” created enforcement activities to the statement, and she did not know how it would be enforced.

 

Commissioner Wallace believed that it should state “must” knowing that it was complaint driven enforcement.

 

Commissioner Weitkunat felt that it also should be “must”.  She asked if the Resource Stewardship Plan would be required.

 

Mr. Legg believed that the target date of August 2, 2010 was feasible. 

 

Mr. Lafferty stated that the Resource Stewardship Plan would be required for all equestrian operations.

 

Commissioner Glick asked if the county would be utilizing community resources to help create the resource stewardship plan template.

 

Ms. Hoffmann replied that it would be a combination of members from the working group along with various staff members and departments to create a draft template.  From there it would be sent out for review and comment to various equine professionals, the agricultural and environmental advisory board members, as well as others.

 

Commissioner Glick asked if the timeline to develop the resource stewardship plan was feasible. 

 

Ms. Hoffmann replied that they were confident that it could be completed in that timeframe. 

 

Commissioner Morgan was concerned with the timeline of August to develop standards.  He also knew that standards could be developed but they would not be definitive and there would be no definitive way to define them.  Consequently, they would not be enforceable.  He wanted the process to be defined so the operator of the equine facility and the neighbor would have a definitive way of judging and valuating compliance.  He also suggested examining provisions for the accessory use for larger landowners.  He suggested allowing eight horses on 35-45 acres with the allowance of one additional horse per each additional 10 acres.  He spoke about the transition program and the cost concerns.  He felt that some level of fee was equitable for a business, and also felt it would be irresponsible to assume that the businesses would not have to pay Transportation Impact Fees.  He thought that there should be a fee as development and business should pay their way, and there should be financial accountability from businesses. 

 

Commissioner Dougherty was afraid that existing businesses would not want to come forward due to the impact fees.

 

Commissioner Wallace reaffirmed that the resource management plan was important and that it should proceed with due diligence.  She agreed that it was a tight timeline.

 

Commissioner Hess agreed with Commissioner Cox regarding the Accessory Horse Keeping Registration Certificate.  She also believed that properties of 50 acres or more should be allowed one more boarded horse and one additional lesson per every additional 10 acres.

 

Commissioner Glick stated that the word “must” helped staff with enforceability. 

 

Mr. Legg stated that staff would examine the number of horses allowed on larger parcels for accessory horse keeping before the County Commissioners hearing.

 

Commissioner Morgan moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Amendments to the Larimer County Land Use Code, file #09-CA0101, be approved as shown on Exhibit “A” to be effective August 2, 2010 and that the issue of accessory horse keeping in excess of 35 acres be considered for modification prior to the Board of County Commissioners’ hearing. 

 

Commissioner Glick seconded the Motion.

 

 Commissioners' Cox, Dougherty, Glick, Hess, Morgan, Weitkunat and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

 

 

ITEM #2  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE, #09-CA0101:  Mr. Legg provided background information on amending the Land Use Code, Section 8:  Standards for all developments and Sections 4, 5, and 12 along with the zoning table. 

 

Commissioner Wallace asked what the standards were for changing a plat note, which was being amended in Section 5.7.

 

Matt Lafferty, Planning Department, replied that the standards were addressed through the amended plat process, which had a set of review criteria. 

 

Commissioner Morgan felt that if a condition was put in place it was done because the commission felt that it was important.  Before it was amended the history of the condition needed to be examined.  He felt that there needed to be some level of investigation that recognized why the condition was initially put in place.  He pointed out that the review criteria for amended plats did not address the history or character of the neighborhood.  There needed to be something in the review criteria that dealt with compatibility or that the expectations of the past were considered.

 

Mr. Lafferty stated that adding an additional review criterion regarding removing or changing a plat note would be examined and recommendations would be brought to a future Board of County Commissioner/Planning Commission work session. .

 

PUBLIC TESTIMONY:

None

 

DISCUSSION:

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Amendments to the Larimer County Land Use Code, file #09-CA0101, be approved as shown on Exhibit “B” to be effective August 2, 2010.

 

Commissioner Hess seconded the Motion.

 

 Commissioners' Cox, Dougherty, Glick, Hess, Morgan, Weitkunat and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

 

 

 

 

 

 

 

 

REPORT FROM STAFF:  Mr. Lafferty reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 9:40 p.m.

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

 

 

_______________________________                      ______________________________

Nancy Wallace, Chairman                                          Gerald Hart, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

 

1.         Modify the following definitions as follows:

 

0.1.  Definitions

Boarding stable.  A facility for the care and feeding of more than four horses for a fee. 

Boarded horse. A horse that is kept for a fee, and/or an exchange of goods or services, and/or cared for by a party or entity other than its owner or lessee. A horse owned by the equestrian operation that is leased to another party but kept and/or cared for by the equestrian operation is considered to be a boarded horse. (Note: this definition is being incorporated in the equestrian operation definition below)

Equestrian operation.  A facility or place used for horse boarding (including equestrian pasture boarding), equestrian activities for a fee, and/or for an exchange of goods or services. Uses specifically excluded from equestrian operations are horse rescue, and horse breeding farms.  (Note: This definition is to combine the existing horse boarding and riding academy uses. exclude vet clinic?)

Equestrian trainee visit.   Each visit of an individual trainee to an equestrian operation to receive training such as a riding lesson or to attend an educational class that is offered for a fee and/or for an exchange of goods or services . If the trainee boards his/her horse at the equestrian operation, his/her visits for lessons do not constitute an equestrian trainee visit. (Note: used in the formula)

Equestrian pasture boarding . Leasing or use of pasture for a fee and/or for an exchange of goods or services for the purposes of horse grazing, recreation, and turn-out where the same pasture area is made available to 2 or more horse owners. (Note: this is used in equestrian operation definition)

Farm.   Any parcel of land containing at least three acres used primarily for the commercial, soil-dependent cultivation of an agricultural crop, the facilities and storage necessary for the management of a commercial custom farming operation or the hauling of farm products, the raising of fish, bees, plants or animals or the raising of livestock, including horse breeding farms. This does not include feedyards, poultry farms, exotic animal farms or fur farms. 

Horse. Any domesticated, equine mammal, including mules and burros. (Note: used throughout code)

Horse boarding. The activity of keeping and/or caring for boarded horses. (Note: this is used in equestrian operation definition)

Livery stable.   A stable where the general public may hire horses for riding.   (Note: this is an outdated, unused definition)

Riding academy.   A facility for the care and/or boarding of horses where instruction in riding, jumping and showing is offered.  (Note: this definition is being incorporated in the equestrian operation definition above.)

Riding stable. A facility where horses are harbored and the general public may, for a fee, hire horses for riding. (Note: this definition is being included to make it consistent with the Section 4.3. riding stable use. This definition is not used in the context of an equestrian operation.)

Stable.   A facility where horses are kept.  (Note: this is an outdated, unused definition)

 

2.         Modify the following section as follows:

 

4.3.10.  Accessory uses and structures.

 

H. Riding Personal horses. Riding Personal horses for the use of the occupants of the lot and their guests, for purposes other than boarding or training are allowed in all zoning districts that allow single-family dwellings, provided the number of horses does not exceed one horse per one-half acre of lot. . 

I. Accessory Horse Keeping.  The keeping of boarded horses conducted as a customary, incidental, and accessory use to a farm, ranch or single-family dwelling unit is allowed as follows:

  1. Accessory horse keeping is allowed in the following zoning districts: 4.1.1. FA-Farming, 4.1.2. FA-1 Farming, 4.1.3. FO-Forestry, 4.1.4. FO-1 Forestry, 4.1.5. O-Open, 4.1.8. RE-Rural estate and 4.1.21. AP-Airport.
  2. No more than 4 boarded horses shall be kept on lots 10 acres or less.
  3. No more than 6 boarded horses shall be kept on lots greater than 10 acres and less than 35 acres.
  4. No more than 8 boarded horses shall be kept on lots 35 acres and greater.
  5. The total number personal horses (refer to H above) and boarded horses shall not exceed one horse per half-acre of lot.
  6. Accessory horse keeping may include up to 8 individual riding lessons per week.
  7. Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250’ of a neighboring residence.
  8. Outdoor storage of horse trailers is allowed as follows:
    1. Only those trailers that are for use by owners of the property and/or boarded horses may be stored .
    2. No more than one trailer per horse residing on the property is allowed.
    3. All horse trailers shall be licensed and operable.
  9. A Resource Stewardship Plan, including chapters on air quality, water quality, soil erosion, plants, manure and dust management, storm water management, wetlands protection, pest and weed management, is recommended.
  10. Any property owner who establishes accessory horse keeping after August 2, 2010 must complete and sign an Accessory Horse Keeping Registration Certificate prior to operation. The Accessory Horse Keeping Registration Certificate helps to ensure a public record that will support the property owner in the event of a complaint.

 

 

 

 

 

 

 

3.         Add the following Section to the code:

 

6.0. SITE PLAN REVIEW

 

6.2. PUBLIC SITE PLAN REVIEW

A.  PURPOSE

The purpose of the Public Site Plan review (public site plan) is to address potential impacts of certain land uses on existing and allowed uses in the same neighborhood. The process considers the location, design, configuration, intensity, density, and other relevant factors pertaining to the proposed use. The planning director may impose conditions on the proposed use to limit or address potential negative impacts on the environment, surrounding properties, utilities and county facilities and services. The planning director may approve a use upon finding that the uses are compatible and together do not constitute a negative impact on the surrounding area. A use approved through a public site plan shall comply with all applicable requirements of this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

B.  APPLICABILITY

1.   Public Site Plan Review and approval is required:

a.   Prior to the acceptance of any building permit application for:

1.   equestrian operations

b.   Prior to the commencement of any use listed above in 6.2.B.1.a that does not require a building permit.

2.   If the Planning Director determines that the review criteria for the public site plan review have been met or can be satisfied through the building permit process for a development, commencement of use, or a change of use on a property, a building permit may be applied for without public site plan review approval.

C.  REVIEW CRITERIA

To approve a public site plan application, the planning director must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

1.   The public site plan complies with all applicable requirements of this code and any applicable supplementary regulations; and

2.   The public site plan complies with all conditions of approval imposed by the county commissioners, the board of adjustment, or the floodplain review board under another approval process authorized by this code.

 

 

 

 

 

D.  PROCESS

1.   Any application for public site plan review requires a pre-application conference pursuant to section 12 of this code.

2.    Public site plan review commences when a complete application is submitted. Public site plan applications may be reviewed concurrently with other land use applications, but can not be approved until all required land use applications have been approved.

3.   Upon receipt of a complete application, the planning director will refer the applicable application materials to all appropriate departments and agencies and mail written notice of the application to property owners in the vicinity of the proposal.

4.   Referral departments and agencies will have 21 days to review and provide written comments to the planning director. Referral departments and agencies may request additional review time in writing.

5.   Property owner notification and comment.

a.   Written notice of the proposal shall be mailed to property owners in the vicinity of the proposed use.

b.   The notice shall provide a 14 day timeframe for property owners or neighbors to respond with any questions or concerns. Comments shall be provided to the planning department.

c.   The Planning Department shall provide the applicant with a copy of any comments received.

d.   If property owner or neighbor comments or concerns are raised, the applicant and the commenter have the opportunity to agree on a solution. The applicant and commenter have 14 days to agree to a solution unless an extension is requested by either party. Documentation of the solution shall be provided to the planning department prior to the director’s decision and the administrative determination shall proceed including the agreed upon mitigation measures.

6.   Administrative determination.

Within 5 working days following the 21 day review period the planning director will provide a written determination stating that the public site plan review application:

a.   Is approved, with or without conditions, and complies with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

b.   Requires modifications, based upon the referral review and/or neighbor comments, to be prepared by applicant for subsequent review to demonstrate compliance with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

c.   Requires a public hearing based on unresolved neighbor comments/concerns.

d.   Is denied based upon an inability to comply with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

 

 

 

e.   The decision of the planning director can be appealed in writing to the county commissioners pursuant to section 22 (appeals) of this code.

Upon the determination of the planning director that a public site plan review application:

a.   Requires modifications, the applicant shall be required to make a revised submittal, for a subsequent review, that addresses the referral or other comments. Prior to the revised submittal the applicant may request a meeting to discuss the referral or other comments.

b.   If approved, the applicant shall provide final versions of the public site plan and supporting documents (quantities to be determined) for approval signature by the planning director.

7.   Public hearing.

If neighbor comments/concerns cannot be resolved, the application will be scheduled for a hearing by the county commissioners to resolve outstanding issues.  To approve the public site plan review the county commissioners must consider the following additional review criteria and find that each criterion has been met or determined to be inapplicable:

a.   The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood; and

b.   The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

 

            E. ADDITIONAL APPROVAL REQUIREMENTS

Approval of a public site plan does not relieve the applicant from complying with the building codes as adopted by the county or the building permit submittal requirements.

 

            F. MINOR DEVIATIONS

Technical, engineering or other considerations may necessitate minor deviations from the approved public site plan. The planning director may approve minor deviations, in writing, if they comply with this code and the intent of the original public site plan approval.

 

            G. AMENDMENTS

Changes to the approved public site plan that the planning director determines not to be minor deviations require approval either through the public site plan review process, or another applicable process as described in this code for a particular use. If the amendments are not minor deviations, a new application will be required and it will receive full review under the approval processes appropriate to the use as described in this code.

 

 

 

 

            H. VESTING

An approved public site plan does not create a vested right. Approved public site plans are effective for two years. If the use has not commenced and/or a building permit and/or development construction permit are not issued within two years of the public site plan approval, the approved plan will automatically expire.

 

4.         Modify the following use descriptions as follows:

 

4.3.1.  Agricultural uses.

A. Farm.  Any parcel of land containing at least three acres used primarily for the commercial, soil-dependent cultivation of an agricultural crop, the facilities and storage necessary for the management of a commercial custom farming operation or the hauling of farm products, the raising of fish, bees, plants or animals or the raising of livestock including horse breeding farms. This does not include feedyards, poultry farms, exotic animal farms or fur farms. 

G. Boarding stable.  A facility for the care and feeding of more than four horses for a fee. 

G. Equestrian Operation.   A facility or place used for horse boarding (including equestrian pasture boarding), equestrian activities for a fee, and/or for an exchange of goods or services.  Activities associated with an Equestrian Operation may include but are not limited to: on or off-site advertisement of the operation, a website describing services available from the operation, and/or incorporating or filing taxes as a business. Uses specifically excluded from equestrian operations are horse rescue, and horse breeding farms. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.   Equestrian Operations are allowed by public site plan review, minor special review and special review as detailed in the formula and chart below:

 

Criteria

Number

 

Factor

 

Sub-total

Maximum number of horses boarded or kept for training

(at any time)

 

X

1.0

=

 

Maximum number of weekly equestrian trainee visits

 

X

0.5

=

 

Points associated with the size of the property the business occupies*

 

X

1.0

=

 

**Total Points

 

*Size of the Property

Points

Less than 5 acres

10

At least 5 acres but less than 10 acres

8

At least 10 acres but less than 35 acres

5

35 acres or more

0

For each additional 35 acres subtract 2 points

-2

 

**Total Points

Use allowed as follows:

Accessory Horse Keeping- Some equestrian uses may be Accessory Horse Keeping and are not considered to be Equestrian Operations in this chart. Please see Section 4.3.10.I of this code.

20.0 or less

Public Site Plan Review and approval required unless total number of horses resident on the property exceed 1 per ½ acre.  

20.5 - 35.0

Minor Special Review and approval required.

35.5 or more

Special Review and approval required.

 

 

2.   The following standards apply to all Equestrian Operations:

a.   If the number of horses on the property exceeds o ne horse per one-half acre , Minor Special Review approval is required unless the chart and formula indicate that Special Review approval is required.

b.   A single-family dwelling is allowed as an accessory building.

c.   A Resource Stewardship Plan, including appropriate best management practices to address impacts related to air quality, water quality, soil erosion, plants, manure and dust management, storm water management, wetlands protection, pest and weed management, is required.

d.   Outdoor storage of horse trailers is allowed as part of an approved equestrian operation.

1.   Only those trailers that are for use by owners of the property, people associated with the operation, and/or boarded horses may be stored . General trailer storage is not allowed.

2.   No more than one trailer per horse residing on the property is allowed.

3.   All horse trailers shall be currently licensed and operable.

4.   Horse trailer storage shall be effectively screened from existing residential dwellings and public roads to the maximum extent practicable.

 

 

3.   The following additional standards apply to Equestrian Operations subject to Public Site Plan Review:

a.   Noise, fumes, dust, odors, vibration or light generated as a result of the equestrian operation  will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

b.   The routine hours of operation open to the public are limited to the hours between 6:00 am and 10.00 p.m.

c.   Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250’ of a neighboring residence.

 

 

4.3.5.  Recreational uses. Delete the following use description.

E. Riding academy.  A facility for the care and/or boarding of horses where instruction in riding, jumping and showing is offered. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

1.         Amend the Land Use Code, Section 8.0.  STANDARDS FOR ALL DEVELOPMENT as follows:

 

8.01.  Generally

A. Additional expertise – consultant review. (Note: we are just adding a heading here)

 Reviewing projects for compliance with standards is a critical part of the development review process. The planning director may, when necessary, decide that additional expertise is needed to review a project. The planning director's decision can be appealed to the county commissioners. If the planning director, or upon appeal, the county commissioners decide additional expertise is needed, the planning director and the applicant will select a consultant to review the project. If the planning director and the applicant cannot agree on a consultant, the county commissioners will select the consultant. All costs for the consultant will be charged to the applicant. Consultant assistance should only be necessary for very complex projects or when certain aspects of a project are beyond the county staff's expertise.

 

B.    Planning considerations.(Note: We are proposing to move this wording from Section 8.14.1 with some modifications.  This section is intended to encourage project planning that responds to site specific conditions.  Staff will provide the base level of information to the applicant at the initial stages of an application. The site information can then be utilized by the applicant to plan for, avoid, mitigate or otherwise demonstrative compliance with Section 8 standards.)

 

1. It is important to identify resources and environmental conditions potentially impacted by proposed development at the earliest stage of the development review process. Mapped resource information is available through and adopted by the County and is generally at a scale and level of accuracy to indicate the need for additional study but not to delineate precise resource area boundaries at the development project level. Applicants must complete a utilize site inventory information throughout the planning and development review process to address site specific conditions.  at  the concept review (or optional sketch plan review) stage of the process. The inventory must include existing manmade features, floodplains, geologic hazards, drainage, topography, wildfire hazards, special places of Larimer County, wetlands, important wildlife habitat and corridors, rare and endangered plants and animals and commercial mineral deposits. These land conditions must be identified on the site and within at least 1,200 feet of the site.

2. Land found by the county commissioners to be unsuitable for development due to physical constraints can not be developed unless methods authorized by this code are used to solve the problems created by these unsuitable land conditions.

3. Applicants who do not develop an entire parcel must indicate the intended plans for the remainder of the parcel. Any remaining undeveloped parcel must be at least 35 acres if it is not included in the development.

 

(Note: the following sections B and C refer to sections that used to be in Section 8, but have since been incorporated into Section 4.  Since they are no longer in this section they are proposed to be deleted.)

 

B. The standards of development for any addition or expansion of a nonconforming building, structure or use as defined in subsection 4.8.9 (extension, expansion or change in character) which exceeds 75 percent of the building, structure or use, as of the effective date of this code, requires the entire site, building, use(s) or structures to comply with the standards of this section. For additions or expansions of a building, structure or use that are 75 percent or less of an increase, as of the effective date of this code, only the addition or expansion is required to meet the standards of this section. 

 

C. Building permits for single-family and duplex dwellings, which are the principal building on a lot or parcel, must comply with section 4.9. Section 4.6.7 may be applied to these permits at the discretion of the planning director. Building permits for accessory dwellings that are part of a farmstead must comply with all applicable standards in section 8, except subsection 8.5, landscaping.

 

CDApplicability (Note: Additional language is proposed to clarify that standards are reviewed and applied only when applicable and to allow alternatives for compliance.)

 

The standards in this section are intended to minimize, prevent, and/or mitigate conditions that could negatively impact the environment, public facilities and services, and/or compatible use of surrounding properties.

 

1.   The applicant is required to demonstrate compliance with the all applicable standards for all development:

a.    at the planning commission hearing on any preliminary plat, special review, or special exception;  

b.   at the county commissioner hearing on a minor special review;

c.   at the time of application for site plan and public site plan review.

 

2.   E.  The applicant is required to demonstrate compliance with the applicable standards for all rural land plans at the county commissioners' hearing on any preliminary rural land plan.

 

3.   Upon request of an applicant, the approval authority may approve a plan for alternative compliance with a standard. An approved plan for alternative compliance must include the implementation of an alternative or innovative practice that will promote the general purpose of the standard equally well or better than would a plan that complies with the standard. The decision of the approval authority can be appealed to the county commissioners.

 

8.1.  ADEQUATE PUBLIC FACILITIES

B. Applicability.  Adequate public facilities requirements apply to all applications for conservation development, planned land division, subdivision, minor special review, special review, site plan review, public site plan review, special exception and minor land division submitted under this code. APF requirements also apply to rural land plans as specified in section 8.1. 

 

 

 

 

8.1.1.  Sewage disposal level of service standards. (Note: temporary uses are not currently addressed in this section.  This additional language will provide opportunity for an alternative for these types of uses.)

B.5.  Interim Uses.  Uses that do not require permanent facilities (for example: gravel mining, special events, etc.) may propose alternative sanitation facilities methods for review and approval by the county health department.

 

8.1.2.  Domestic water level of service standards. (Note: temporary uses are not currently addressed in this section.  This additional language will provide opportunity for an alternative for these types of uses.)

A.3.  Interim Uses.  Uses that do not require permanent facilities (for example: gravel mining, special events, etc.) may propose alternative methods for the provision of domestic water for review and approval by the county health department. 

 

8.1.5.  Road capacity and level of service standard.

 

C.4. Additional conditions.   (Note: move the legal access language from Section 8.14.2.N. to this section.)

The existence of safe and adequate access does not preclude the imposition of additional requirements as a condition of development approval when such requirements are deemed necessary to mitigate the impacts of the development on county and state roads and highways. 

 

In cases where the access route between the subject site and a county road identified on the Larimer County Functional Road Classification Map is anything but a public right-of-way, the applicant must demonstrate by, competent evidence, the legal right to use any and all portions of that access route to the extent required for the pending development.

 

8.6.  Off-Road Private Local Access Road and Parking Standards –


8.6.3.  Multiple-family residential and nonresidential development.

 

8.6.3.B  Development Standards

1.  Access

f. Within GMA Districts, all access points must meet the requirements of Chapter 9 of the Larimer County Urban Area Street Standards. 

g. Outside of the GMA Districts, all access points must meet the requirements of Chapter 10 of the Larimer County Rural Area Road Standards. 

h. All proposed parking areas must have an access road between the access point off the public road system to the parking area that meets, at a minimum, the Design and Construction Standards for Private Local Access Roads found in Appendix G of the Larimer County Rural Area Road Standards.  Private Local Access Road Surfacing requirements are discussed in LCLUC Section 8.6.3.C.1.

 

 

 

 

C. Construction standards.   

1. Pavement.  All off-road, multiple-family and nonresidential parking areas located within GMA districts must be paved with asphalt, concrete or similar material. 

Within GMA districts, all off-road, multiple-family and nonresidential parking areas must be paved with asphalt or concrete.

In areas outside GMAs, all off-road, multiple-family and nonresidential parking areas used primarily by customers, employees or residents of the building or use must be surfaced with asphalt, concrete or other similar all-weather materials. Loading and/or storage areas, seasonal or temporary parking areas, or parking areas that take access off unpaved public roads may be surfaced with compacted gravel or other surface that does not generate dust, if the county engineer determines such a surface treatment is practical and appropriate.

a. Parking lots must be designed to provide positive drainage and carry stormwater quickly and effectively away from the site. At points where stormwater flows are discharged from the site, water quality and erosion control measures may be required. Parking lots can not be designed to serve as stormwater detention facilities.

b. Entrances and exits must comply with requirements of county road design criteria and construction standards.

 

1. Parking Area and Private Local Access Road Surface Requirements:

Multiple-family and nonresidential parking areas and associated private local access roads must be paved with asphalt or concrete, with the exception of the following situations where a gravel, all-weather surface is acceptable:

a.   Parking Areas and Private Local Access roads that take access off of unpaved roads

b.   Seasonal or temporary private local access roads and parking areas

c.   Loading and storage areas

d.   Parking areas and associated private local access roads for Agricultural Uses listed in LCLUC Section 4.3.1, except the following uses that are considered more commercial in character and therefore require an asphalt or concrete surface meeting the requirements of LCLUC 8.6.3.C.1:

1.   Garden Supply Center

2.   Pet Animal Facility

3.   Pet Animal Veterinary Clinic /Hospital

 

2.   Parking Area Drainage Requirements

delete item b and remove the numbering “a” from item a.

 

b. Entrances and exits must comply with requirements of county road design criteria and construction standards.   

 

8.7.  Reserved Road Surfacing Requirements

Move the contents of the current Section 8.14.7 to this section.

 

8.9.  Reserved  Supplementary Regulations Delete this section and move the contents to a new Section 15.

 

 

 

8.10  Reserved  Use Plans for Residual Land And/Or Common Area (Note: this section applies to land divisions. It will be moved to Section 8.14 and incorporated into Development Design standards for land divisions.)

 

8.12.3. Minimizing water quality impacts.

Change the “pointer” in this section to reflect moving the supplementary regulations to a new section 15 as follows:

 

A. A preliminary and final drainage report as specified in the Larimer County Stormwater Design Standards, adopted by county commissioners in June, 2005. The stormwater design standards is part of the supplementary regulations outlined in section 8.9 15 of this Code. Required erosion and sediment control elements are also addressed in the standards. The county engineering department must review and approve the drainage reports.

 

8.14.  Development Design for Land Division

Clarify that this section is only for land divisions.  Move Section 8.14.1 Planning considerations, Section 8.14.2.M. legal access, and 8.14.7 Road surfacing requirements to other sections of the code.  Modify section as follows:

 

8.14.1.  Planning considerations.

A. Applicants must identify resources and environmental conditions potentially impacted by proposed development at the earliest stage of the development review process. Applicants must complete a site inventory at the concept review (or optional sketch plan review) stage of the process. The inventory must include existing manmade features, floodplains, geologic hazards, drainage, topography, wildfire hazards, special places of Larimer County, wetlands, important wildlife habitat and corridors, rare and endangered plants and animals and commercial mineral deposits. These land conditions must be identified on the site and within at least 1,200 feet of the site.

B. Land found by the county commissioners to be unsuitable for development due to physical constraints can not be developed unless methods authorized by this code are used to solve the problems created by these unsuitable land conditions.

C. Applicants who do not develop an entire parcel must indicate the intended plans for the remainder of the parcel. Any remaining undeveloped parcel must be at least 35 acres if it is not included in the development.

 

8.14.2 1 .  Development design standards. –   

The following design standards apply to all applications for land division development, except rural land plans (unless noted below):

 

Access Standards:

M. In cases where the access route between the subject site and a county road identified on the Larimer County Functional Road Classification Map is anything but a public right-of-way, the applicant must demonstrate by, competent evidence, the legal right to use any and all portions of that access route to the extent required for the pending development.  Move this section to 8.1.5.

 

 

N M . All roads within the boundaries of land divisions and site plans, in both urban and rural areas, must be a public right-of-way. In order for the county commissioners to approve an appeal to allow a private road within a land division or site plan, the county commissioners must find that both of the following criteria are met:

1. There would be no foreseeable public purpose or benefit in having a public right-of-way; and

2. The county commissioners find that road connectivity to adjacent parcels is not needed or practical and have granted an appeal to Section 8.14.2.SR (connectivity).

If an appeal to this Ssubsection N is granted, the following standards shall apply to the private road:

a. There is an easement, agreement, covenant or other appropriate document to be recorded in the county records that grants the right of access for emergency and service vehicles and that defines the persons/entities entitled to use the road easements, including the installation and maintenance of street name signs within the easement, the purpose for and manner in which the roads may be used, any limitations on the use of the roads, the persons/entities authorized to enforce the terms of the easement and penalties for violation of the terms of the easement.

b. The design and construction of the private road will meet applicable county road or street standards;

c. Provisions acceptable to the county commissioners have been made for maintenance of the private roads; and

d. County requirements for road naming, road name signs and addressing have been or will be met prior to the issuance of any building permit.

O N . Gated public roads are prohibited.

P O . Gated private roads are prohibited unless the county commissioners approve an appeal allowing private gated roads. In order for the county commissioners to approve gated private roads, the county commissioners must find that all the following criteria are met:

1. The subject road is a private road and all owners of property having a legally established right to access via the private road have approved gating the road;

2. The standards for private roads in Subsection 8.14.2.NM are met;

3. The appeal request has been referred to the applicable fire protection entity and the sheriff's department, emergency services for their review and comment, and such comments have been duly considered; and

4. The design provides for adequate vehicle stacking distance and turn around.

Q P . The maximum length of a dead-end access must be 660 feet in Ranges 68 and 69 and 1,000 feet west of Range 69. Land divisions that cannot meet this standard must provide a second point of access. The second access must be either a dedicated, public right-of-way or an easement specifically granted for emergency access purposes;

R Q . Reserve strips to prevent access to roads are prohibited;

 

 

 

S R . Connectivity. All land divisions development must be designed to permit the continuation of streets, roads, trails, pedestrian access, utilities and drainage facilities into adjacent property. The connection must provide a logical, safe and convenient circulation link for vehicular, bicycle and/or pedestrian traffic with existing or planned circulation routes to allow a neighborhood traffic circulation system and to improve emergency and service access. Particular attention must be given to access to destinations such as schools, parks and business or commercial centers.

Where future connectivity is required to adjacent undeveloped parcels, a road must be constructed to the property line meeting applicable County Road or Street Standards. When such a road is constructed, a sign stating "Future Road Connection" shall be erected and maintained in a conspicuous location along such road.

 

8.14.3 2 .  Development design guidelines. –  Change the first sentence as follows:

The following guidelines should be incorporated into land divisions developments to the maximum extent practicable:

 

8.14.4 3 .  Requirements for phased developments. –Change the first sentence as follows:

The following requirements apply to all phased land divisions developments:

 

8.14.54.  Easement and utility standards. –.  Change the first sentence as follows:

The following easement and utility standards apply to all land divisions development, except rural land plans:

 

8.14.6 5 .  Block standards. - Change the first sentence as follows:

The following block standards apply to all land divisions development, except rural land plans:

 

8.14.7.  Road surfacing requirements.

(Note: The entire contents of this section will be moved to Section 8.7 above.)

 

2.         Modify section 4.1 as follows:

 

A. The purpose of zoning districts is to implement the Larimer County Master Plan, promote compatible land use patterns and establish standards appropriate for each zoning district.

B. Uses followed by an (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code.

C. Uses followed by an (SP) require approval through the site plan review process described in section 6.1.

D. Uses followed by a (PSP) require approval through the public site plan review process described in section 6.2.

 

E. Uses followed by an (MS) require approval through the minor special review process described in section 4.5.

 

 

FC. Uses followed by an (S) require approval through the special review process. described in section 4.5.

GD. Uses followed by a combination of (R/SP/PSP/MS/S) may be allowed by right or require approval based on thresholds in section 4.3 (use descriptions).

HE. Uses followed by an (L) require review through the location and extent review process described in section 13.0.

HF. Use descriptions in section 4.3 contain conditions that apply to certain uses.

IG. The number of dwelling units allowed on a site is based on the presumption that all other applicable standards will be met. The maximum density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.


4.1.1.  FA-Farming. (Note: the uses have been alphabetized and renumbered)

A. Principal uses:

Agricultural.

1.   Agricultural labor housing (S)

2.   Apiary (R)

Boarding stable (S)

3.   Commercial poultry farm (S)

4.   Equine operation (PSP/MS/S)- See section 4.3.1

5.   Farm (R)

6.   Feedyard (S)

7.   Fur farm (S)

8.   Garden supply center (S)

9.   Greenhouse (R)

10.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

11.   Packing facility (R)

12.   Pet animal facility (MS/S)--See section 4.3.1

13.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

14.   Sod farm, nursery (R)

15.   Tree farm (R)

Residential

16.   Group home (R)

17.   Group home for the aged (R)

18.   Group home for developmentally disabled (R)

19.   Group home for the mentally ill (R)

20.   Single-family dwelling (R)

21.   Storage buildings and garages (R)--See section 4.3.2

 

 

 

 

 

 

 

 

 

 

Institutional

22.   Cemetery (S)

23.   Child/elderly care center (S)

24.   Child/elderly care home (R)

24.   Church (MS/S)--See section 4.3.4

25.   Community hall (MS/S)--See section 4.3.4

26.   Hospital (S)

School, public (L)

27. School, nonpublic (S)

Sheriff/fire station (L)

28.   State-licensed group home (S)

Recreational

29.   Country club (S)

30.   Golf course (S)

Riding academy (S)

Public park, playground (L)

Trail/trail head (L)

Accommodation

31.   Bed and breakfast (MS/S) - See section 4.3.6

32.   Seasonal camp (S)

Industrial

33.   Mining (S)

34.   Oil and gas drilling and production (R)

35.   Small wind energy facility (MS)

Utilities

36.   Commercial mobile radio service (RSP/S) - See section 16

37.   Radio and television transmitters (S)

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


4.1.2.  FA-1 Farming.

A. Principal uses:

Agricultural

1.   Agricultural labor housing (S)

2.   Apiary (R)

Boarding stable (S)

3.   Commercial poultry farm (S)

4.   Equine operation (PSP/MS/S) - See section 4.3.1

5.   Farm (R)

6.   Feedyard (S)

7.   Fur farm (S)

8.   Garden supply center (S)

9.   Greenhouse (R)

10.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

11.   Packing facility (R)

12.   Pet animal facility (MS/S)--See section 4.3.1

13.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

14.   Sod farm, nursery (R)

15.   Tree farm (R)

Residential

16.   Dwelling, cabin (R) -See section 4.3.2

17.   Group home (R)

18.   Group home for the aged (R)

19.   Group home for the mentally ill (R)

20.   Group home for the developmentally disabled (R)

21.   Single-family dwelling (R)

22.   Storage buildings and garages (R)--See section 4.3.2

Institutional

23.   Cemetery (S)

24.   Child/elderly care center (S)

25.   Child/elderly care home (R)

25.   Church (MS/S) See section 4.3--See section 4.3.4

26.   Community hall (MS/S)--See section 4.3.4

27.   Hospital (S)

28.   School, nonpublic (S)

29.   State-licensed group home (S)

School, public (L)

Sheriff/fire station (L)

Recreational

30.   Country club (S)

31.   Golf course (S)

Riding academy (S)

Public park/playground (L)

Trail/trail head (L)

Accommodation

32.   Bed and breakfast (MS/S) – See section 4.3.6

33.   Seasonal camp (S)

 

 

Industrial

34.   Mining (S)

35.   Oil and gas drilling and production (R)

36.   Small wind energy facility (MS)

Utilities

37.   Commercial mobile radio service (RSP/S) -See section 16

38.   Radio and television transmitters (S)

Utility substation (L)

Water storage facility (L)

Treatment plant (L)


4.1.3.  FO-Forestry.

A. Principal uses:

Agricultural

1.   Agricultural labor housing (S)

2.   Apiary (R)

Boarding stable (S)

3.   Equine operation (PSP/MS/S) - See section 4.3.1

4.   Farm (R)

5.   Feedyard (S)

6.   Fur farm (S)

7.   Greenhouse (R)

8.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

9.   Pet animal facility (MS/S)--See section 4.3.1

10.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

11.   Sod farm, nursery (R)

12.   Tree farm (R)

Residential

13.   Dwelling, cabin (R) -See subsection 4.3.2

14.   Group home (R)

15.   Group home for the aged (R)

16.   Group home for developmentally disabled (R)

17.   Group home for the mentally ill (R)

18.   Single-family dwelling (R)

19.   Storage buildings and garages (R)--See section 4.3.2

Institutional

20.   Cemetery (S)

21.   Church (MS/S)--See section 4.3.4

22.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

Recreational

23.   Country club (S)

24.   Golf course (S)

Riding academy (S)

Public park/playground (L)

Trail/trail head (L)

 

 

Accommodation

25.   Bed and breakfast (MS/S) - See section 4.3.6

26.   Recreational vehicle park/campground (S)

27.   Resort lodge/resort cabins (S)

28.   Retreat (S)

29.   Seasonal camp (S)

Industrial

30.   Mining (S)

31.   Oil and gas drilling and production (R)

32.   Sawmill (S)

Utilities

33.   Commercial mobile radio service (RSP/S) - See section 16

34.   Radio and television transmitters (S)

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

4.1.4.  FO-1 Forestry.

A. Principal uses:

Agricultural

1.   Agricultural labor housing (S)

2.   Apiary (R)

Boarding stable (S)

3.   Equine operation (PSP/MS/S) - See section 4.3.1

4.   Farm (R)

5.   Fur farm (S)

6.   Greenhouse (R)

7.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

8.   Pet animal facility (MS/S)--See section 4.3.1

9.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

10.   Sod farm, nursery (R)

11.   Tree farm (R)

Residential

12. Dwelling, cabin (R) -See subsection 4.3.2

13. Group home (R)

14. Group home for the aged (R)

15. Group home for developmentally disabled (R)

16. Group home for the mentally ill (R)

17. Single-family dwelling (R)

18. Storage buildings and garages (R)--See section 4.3.2

Institutional

19. Cemetery (S)

20. Church (MS/S)--See section 4.3.4

21. School, nonpublic (S)

School, public (L)

Sheriff/Fire station (L)

 

 

 

Recreational

22. Country club (S)

23. Golf course (S)

Riding academy (S)

Public park/playground (L)

Trail/trail head (L)

Accommodation

24. Bed and breakfast (MS/S) - See section 4.3.6

25. Recreational vehicle park/campground (S)

26. Resort lodge/resort cabins (S)

27. Retreat (S)

28. Seasonal camp (S)

Industrial

29.   Mining (S)

30.   Oil and gas drilling and production (R)

31.   Sawmill (S)

Utilities

32.   Commercial mobile radio service (RSP/S) - See section 16

33.   Radio and television transmitters (S)

Utility substation (L)

Water storage facility (L)

Treatment plant (L)


4.1.5.  O-Open.

A. Principal uses:

Agricultural

1.   Agricultural labor housing (S)

2.   Alfalfa dehydrator (S)

3.   Apiary (R)

Boarding stable (S)

4.   Commercial poultry farm (S)

5.   Equine operation (PSP/MS/S) - See section 4.3.1

6.   Farm (R)

7.   Feedyard (S)

8.   Fur farm (S)

9.   Garden supply center (S)

10.   Greenhouse (R)

11.   Livestock auction (S)

12.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

13.   Packing facility (R)

14.   Pet animal facility (MS/S)--See section 4.3.1

15.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

16.   Sod farm, nursery (R)

17.   Tree farm (R)

 

 

 

 

 

Residential

18.   Dwelling, cabin (R) -See subsection 4.3.2

19.   Group home (R)

20.   Group home for the aged (R)

21.   Group home for the developmentally disabled (R)

22.   Group home for the mentally ill (R)

23.   Single-family dwelling (R)

24.   Storage buildings and garages (R)--See section 4.3.2

Institutional

25.   Cemetery (S)

26.   Child/elderly care center (S)

27.   Child/elderly care home (R)

27.   Church (MS/S)--See section 4.3.4

28.   Community hall (MS/S)--See section 4.3.4

29.   Hospital (S)

30.   Jail/p Prison/detention center (S)

31.   School, nonpublic (S)

32.   State-licensed group home (S)

School, public (L)

Sheriff/fire station (L)

Recreational

33.   Country club (S)

34.   Golf course (S)

35.   Rafting business (MS)

Riding academy (S)

36.   Shooting range (S)

Public park/playground (L)

Trail/trail head (L)

Accommodation

37.   Bed and breakfast (MS/S) - See section 4.3.6

38.   Recreational vehicle park and campground (S)

39.   Resort lodge/resort cabins (S)

40.   Retreat (S)

41.   Seasonal camp (S)

Industrial

42.   Landfill (S)

43.   Mining (S)

44.   Oil and gas drilling and production (R)

45.   Sawmill (S)

46.   Small wind energy facility (MS)

Utilities

47.   Commercial mobile radio service (RSP/S) - See section 16

48.   Radio and television transmitters (S)

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

 

 

 

Transportation

49.   Airport (S)

50.   Heliport (S)

51.   Park and ride (S)

52.   Train station (S)


4.1.6.  E-Estate.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Dwelling, cabin (R) -See subsection 4.3.2

3.   Group home (R)

4.   Group home for the aged (R)

5.   Group home for the developmentally disabled (R)

6.   Group home for the mentally ill (R)

7.   Single-family dwelling (R)

8.   Storage buildings and garages (R)--See section 4.3.2

Institutional

9.   Child/elderly care home (S)

9.   Church (MS/S)--See section 4.3.4

10.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

Recreational

Public park/playground (L)

Trail/trail head (L)

Utilities

11.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)


4.1.7.  E-1 Estate.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Dwelling, cabin (R) -See subsection 4.3.2

3.   Group home (R)

4.   Group home for the aged (R)

5.   Group home for the developmentally disabled (R)

6.   Group home for the mentally ill (R)

7.   Single-family dwelling (R)

8.   Storage buildings and garages (R)--See section 4.3.2

 

 

 

 

Institutional

9.   Child/elderly care home (S)

9.   Church (MS/S)--See section 4.3.4

10.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

Recreational

Public park/playground (L)

Trail/trail head (L)

Utilities

11.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

 

B. Lot, building and structure requirements:

1. Minimum lot size:

a. One acre (43,560 square feet) if the lot is connected to public water and sewer systems.

b. Two acres (87,120 square feet) if a well or septic system is used. See subsection 8.1.1 for sewage disposal level of service standards to determine required performance standards.


4.1.8.  RE-Rural estate.

A. Principal uses:

Agricultural

1.   Agricultural labor housing (S)

2.   Apiary (R)

Boarding stable (S)

3.   Equine operation (PSP/MS/S) - See section 4.3.1

4.   Farm (R)

5.   Fur farm (S)

6.   Greenhouse (R)

7.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

8.   Pet animal facility (MS/S)--See section 4.3.1

9.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

Residential

10.   Dwelling, cabin (R) -See subsection 4.3.2

11.   Group home (R)

12.   Group home for the aged (R)

13.   Group home a for the developmentally disabled (R)

14.   Group home for the mentally ill (R)

15.   Single-family dwelling (R)

16.   Storage buildings and garages (R)--See section 4.3.2

 

 

 

 

 

Institutional

17.   Cemetery (S)

18.   Child/elderly care center (S)

19.   Child/elderly care home (R)

19.   Church (MS/S)--See section 4.3.4

20.   School, nonpublic (S)

21.   State-licensed group home (S)

School, public (L)

Sheriff/fire station (L)

Recreational

22.   Country club (S)

23.   Golf course (S)

Riding academy (S)

Public park/playground (L)

Trail/trail head (L)

Accommodation

24.   Bed and breakfast (S)

25.   Resort lodge/resort cabins (S)

26.   Retreat (S)

27.   Seasonal camp (S)

Utilities

28.   Commercial mobile radio service (RSP/S) - See section 16

29.   Radio and television transmitters (S)

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

Industrial

30.   Mining (S)

 

4.1.9.  RE-1 Rural estate.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Group home (R)

3.   Group home for the aged (R)

4.   Group home for the developmentally disabled (R)

5.   Group home for the mentally ill (R)

6.   Single-family dwelling (R)

7.   Storage buildings and garages (R)--See section 4.3.2

Institutional

8.   Church (MS/S)--See section 4.3.4

9.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

Recreational

Public park/playground (L)

Trail/trail head (L)

 

Accommodation

10.   Bed and breakfast (S)

Utilities

11.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

4.1.10.  R-Residential.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Group home (R)

3.   Group home for the aged (R)

4.   Group home for the developmentally disabled (R)

5.   Group home for the mentally ill (R)

6.   Single-family dwelling (R)

7.   Storage buildings and garages (R)--See section 4.3.2

Institutional

8.   Child/elderly care center (S)

9.   Child/elderly care home (R)

9.   Church (MS/S)--See section 4.3.4

10.   Congregate residence (S)

11.   Hospital (S)

12.   School, nonpublic (S)

13.   State-licensed group home (S)

School, public (L)

Sheriff/fire station (L)

Recreational

Public park/playground (L)

Trail/trail head (L)

Accommodation

14.   Nursing home (S)

Utilities

15.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

 

4.1.11.  R-1 Residential.

A. Principal uses:

Agricultural

1.   Apiary (R)

 

 

 

 

 

Residential

2.   Group home (R)

3.   Group home for the aged (R)

4.   Group home for the developmentally disabled (R)

5.   Group home for the mentally ill (R)

6.   Single-family dwelling (R)

7.   Storage buildings and garages (R)--See section 4.3.2

Institutional

8.   Child/elderly care home (R)

8.   Child/elderly care center (S)

9.   Church (MS/S)--See section 4.3.4

10.   Congregate residence (S)

11.   Hospital (S)

12.   School, nonpublic (S)

13.   State-licensed group home (S)

School, public (L)

Sheriff/fire station (L)

Recreational

Public parks playground (L)

Trail/trail head (L)

Accommodation

14.   Nursing home (S)

Utilities

15.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)


4.1.12.  R-2 Residential.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Duplex dwelling (R)

3.   Group home (R)

4.   Group home for the aged (R)

5.   Group home for the developmentally disabled (R)

6.   Group home for the mentally ill (R)

7.   Single-family dwelling (R)

8.   Storage buildings and garages (R)--See section 4.3.2

 

 

 

 

 

 

 

 

 

Institutional

9.   Child/elderly care center (S)

10.   Child/elderly care home (R)

10.   Church (MS/S)--See section 4.3.4

11.   Congregate residence (S)

12.   Hospital (S)

13.   School, nonpublic (S)

14.   State licensed group home (S)

School, public (L)

Sheriff/fire station (L)

Recreational

Public park/playground (L)

Trail/trail head (L)

Accommodation

15.   Nursing home (S)

Utilities

16.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

4.1.13.  M-Multiple-family.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Duplex dwelling (R)

3.   Group home (R)

4.   Group home for the aged (R)

5.   Group home for the developmentally disabled (R)

6.   Group home for the mentally ill (R)

7.   Multiple family dwelling (RSP)

8.   Single-family dwelling (R)

9.   Storage buildings and garages (R)--See section 4.3.2

Institutional

10.   Child/elderly care center (S)

11.   Child/elderly care home (R)

11.   Congregate residence (S)

12.   Rehabilitation facility (S)

13.   State-licensed group home (S)

Sheriff/fire station (L)

Accommodation

14.   Boarding/rooming house (S)

15.   Nursing home (S)

Recreational

Public park/playground (L)

Trail/trail head (L)

 

 

Utilities

16.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

 

4.1.14.  M-1 Multiple-family.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Duplex dwelling (R)

3.   Group home (R)

4.   Group home for the aged (R)

5.   Group home for the developmentally disabled (R)

6.   Group home for the mentally ill (R)

7.   Manufactured housing park (S)

8.   Multiple-family dwelling (RSP)

9.   Single-family dwelling (R)

10.   Storage buildings and garages (R)--See section 4.3.2

Institutional

11.   Child/elderly care center (S)

12.   Child/elderly care home (R)

12.   State-licensed group home (S)

Sheriff/fire station (L)

Recreational

Public park/playground (L)

Trail/trail head (L)

Utilities

13.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

4.1.15.  A-Accommodations.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Group home (R)

3.   Group home for the aged (R)

4.   Group home for developmentally disabled (R)

5.   Group home for the mentally ill (R)

6.   Single-family dwelling (R)

7.   Storage buildings and garages (R)--See section 4.3.2

 

 

 

Accommodation

8.   Bed and breakfast (R/SSP)--See section 4.3 (use descriptions and conditions)

9.   Boarding/rooming house (S)

10.   Hotel/motel (RSP)

11.   Recreational vehicle park/campground (S)

12.   Resort lodge/resort cabins (S)

Utilities

13.   Commercial mobile radio service (RSP/S) - See section 16

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

Institutional

14.   Church (MS/S)--See section 4.3

Sheriff/fire station (L)


4.1.16.  T-Tourist.

A. Principal uses:

Agricultural

1.   Apiary (R)

Residential

2.   Group home (R)

3.   Group home for the aged (R)

4.   Group home for developmentally disabled (R)

5.   Group home for the mentally ill (R)

6.   Single-family dwelling (R)

7.   Storage buildings and garages (R)--See section 4.3.2

Commercial

8.   Automobile service station (S)

9.   Carwash (S)

10.   Clinic (RSP)

11.   Convenience store (S)

12.   General retail (RSP/S)--See section 4.3.3

13.   Nightclub Bar/tavern (S)

14.   Personal service (RSP)

15.   Professional office (RSP)

16.   Sit-down Restaurant (RSP/MS)

Takeout restaurant (S)

Institutional

17.   Child/elderly care center (S)

18.   Church (RSP/S)--See section 4.3.4

Sheriff/fire station (L)

Recreational

19.   Membership club/clubhouse (R/SP)

20.   Place of amusement or recreation (RSP/S)--See section 4.3.5

21.   Riding stable (S)

 

 

 

 

Accommodation

22.   Bed and breakfast (R/S SP)--See section 4.3

23.   Hotel/motel (RSP)

24.   Recreational vehicle park/campground (S)

25.   Resort lodge/resort cabins (S)

26.   Retreat (S)

27.   Seasonal camp (S)

Utilities

28.   Commercial mobile radio service (RSP/S) - See section 16

29.   Radio and television transmitter (S)

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

Transportation

30.   Parking lot/garage (S)

31.   Transportation service (S)

 

4.1.17.  B-Business.

A. Principal uses:

Agricultural

1.   Apiary (R)

2.   Livestock veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

3.   Pet animal facility (RSP/S)--See section 4.3.1

4.   Pet animal veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

Commercial

5.   Automobile service station (S)

6.   Carwash (S)

7.   Clinic (RSP)

8.   Convenience store (S)

9.   General retail (RSP/S)--See section 4.3.3

10.   Instructional facility (RSP)

11.   Nightclub Bar/tavern (RSP/MS) - See section 4.3.3

12.   Personal service (RSP)

13.   Professional office (RSP)

14.   Sit-down Restaurant (RSP/MS) - See section 4.3.3

Takeout restaurant (S)

Institutional

15.   Child/elderly care center (S)

16.   Church (RSP/S)--See section 4.3.4

17.   Health services (RSP)

18.   Hospital (RSP)

19.   Rehabilitation facility (RSP)

20.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

 

 

 

 

Accommodation

21.   Bed and breakfast (R/S SP)--See section 4.3

22.   Hotel/motel (RSP)

23.   Nursing home (RSP)

Utilities

24.   Commercial mobile radio service (RSP/S) - See section 16

25.   Radio and television transmitter (S)

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

Transportation

26.   Bus terminal (S)

27.   Park and ride (RSP)

28.   Parking lot/garage (RSP)

29.   Transportation service (RSP)

Recreational

30.   Membership club/clubhouse (RSP)

31.   Place of amusement or recreation (RSP/S)--See section 4.3.5

 

4.1.18.  C-Commercial

A. Principal uses:

Agricultural

1.   Apiary (R)

2.   Garden supply center (RSP)

3.   Livestock auction (S)

4.   Livestock veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

5.   Pet animal facility (RSP/S)--See section 4.3.1

6.   Pet animal veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

Commercial

7.   Automobile service station (RSP)

8.   Carwash (RSP)

9.   Clinic (RSP)

10.   Convenience store (RSP)

11.   Flea market (RSP/S)--See section 4.3.3

12.   General commercial (RSP)

13.   General retail (RSP/S) - See section 4.3.3

14.   Instructional facility (RSP)

15.   Nightclub Bar/tavern(RSP/MS)

16.   Outdoor display/sales (RSP)

17.   Personal service (RSP)

18.   Professional office (RSP)

19.   Sit-down Restaurant (RSP/MS) - See section 4.3.3

Takeout restaurant (R)

 

 

 

 

 

 

Institutional

20.   Church (SP/S)

21.   Crematorium (S)

22.   Funeral Home (RSP)

23.   Health services (RSP)

24.   Hospital (RSP)

25.   Jail/p Prison/detention center (S)

26.   Rehabilitation facility (RSP)

27.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

Recreational

28.   Membership club/clubhouse (RSP)

29.   Place of amusement or recreation (RSP/S)--See section 4.3.5

30.   Shooting range (RSP/S)--See section 4.3.5

Accommodation

31.   Hotel/motel (RSP)

Industrial

32.   Enclosed storage (RSP)

33.   Light industrial (S)

34.   Outdoor storage (RSP/MS)

35.   Trade use (RSP/S)--See section 4.3.7

Utilities

36.   Commercial mobile radio service (RSP/S) - See section 16

37.   Radio and television transmitters (S)

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

Transportation

38.   Bus terminal (RSP)

39.   Park and ride (RSP)

40.   Parking lot/garage (RSP)

41.   Transportation service (RSP)

42.   Transportation depot (RSP)

43.   Truck stop (RSP)

 

4.1.19.  I-Industrial.

A. Principal uses:

Agricultural

1.   Apiary (R)

2.   Livestock veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

3.   Pet animal facility (RSP/S)--See section 4.3.1

4.   Pet animal veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

 

 

 

 

 

 

Commercial

5.   Adult use (S)

6.   Automobile service station (RSP/S)

7.   Car wash (R/SSP)

8.   Clinic (R/SSP)

9.  Convenience store (R/SSP)

10. Flea market (RSP/S)

11. General commercial (R/SSP)

12. General retail (RSP/S)

13. Instructional facility (R/SSP)

14. Nightclub Bar/tavern (R/SSP/MS) - See section 4.3.3

15. Outdoor display/sales (RSP)

16. Permanent fireworks sales (S)

17. Personal service (R/SSP)

18. Professional office (R/SSP)

19. Restaurant/sit-down (R/SSP/MS) - See section 4.3.3

Restaurant/take-out (R/S)

Recreational

20. Membership club/clubhouse (RSP)

21. Place of amusement or recreation (RSP/S)--See section 4.3.5

22. Shooting range (RSP/S)--See section 4.3.5

Industrial

23. Enclosed storage (RSP)

24. General industrial (S)

25. Hazardous materials storage and handling (S)

26. Junkyard (S)

27. Land fill (S)

28. Light industrial (RSP)

29. Mining (S)

30. Oil and gas drilling and production (R)

31. Outdoor storage (RSP/MS) - See section 4.3.7

32. Recycling (S)

33. Small wind energy facility (MS)

34. Trade use (RSP)

Utilities

35.   Commercial mobile radio service (RSP/S) - See section 16

Radio and television transmitters (S)

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

 

 

 

 

 

 

 

 

 

Transportation

36.   Bus terminal (RSP)

37.   Heliport (S)

38.   Park and ride (RSP)

39.   Parking lot/garage (RSP)

40.   Train station (RSP)

41.   Transportation depot (RSP)

42.   Transportation service (RSP)

43.   Truck stop (RSP)

Institutional

44.   Church (RSP/S)--See section 4.3.4

45.   Crematorium (S)

46.   Funeral homes (RSP)

Sheriff/fire station (L)


4.1.20.  I-1 Heavy industrial.

A. Principal uses:

Agricultural

1.   Apiary (R)

Commercial

2.   Adult use (S)

3.   Permanent fireworks sales (S)

Industrial

4.   Enclosed storage (RSP)

5.   General industrial (S)

6.   Hazardous materials storage and handling (S)

7.   Junkyard (S)

8.   Light industrial (RSP)

9.   Mining (S)

10.   Oil and gas drilling and production (R)

11.   Outdoor storage (RSP/MS) - See section 4.3.7

12.   Power plant (S)

13.   Recycling (S)

14.   Small wind energy facility (MS)

Institutional

15.   Crematorium (S)

16.   Funeral homes (RSP)

Sheriff/fire station (L)

Utilities

17.   Commercial mobile radio service (RSP/S) - See section 16

18.   Radio and television transmitter (S)

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

 

 

 

 

4.1.21.  AP-Airport.

A. Principal uses:

Agricultural

1.   Apiary (R)

Boarding stable (S)

2.   Commercial poultry farm (S)

3.   Equine operation (PSP/MS/S) - See section 4.3.1

4.   Farm (R)

5.   Feedyard (S)

6.   Fur farm (S)

7.   Garden supply center (S)

8.   Greenhouse (R)

9.   Livestock auction (S)

10.   Livestock veterinary clinic/hospital (MS/S)--See section 4.3.1

11.   Pet animal facility (MS/S)--See section 4.3.1

12.   Pet animal veterinary clinic/hospital (MS/S)--See section 4.3.1

13.   Sod farm, nursery (R)

14.   Tree farm (R)

Residential

15.   Group home (R)

16.   Group home for the aged (R)

17.   Group home for developmentally disabled (R)

18.   Group home for the mentally ill (R)

19.   Single-family dwelling (R/S)--See section 4.3 (use descriptions and conditions)

20.   Storage buildings and garages (R)--See section 4.3.2

Commercial

21.   Automobile service station (S)

22.   Clinic (S)

23.   Carwash (S)

24.   Convenience store (S)

25.   General retail (S)

26.   Instructional facility (S)

27.   Nightclub Bar/tavern (S)

28.   Personal service (S)

29.   Professional office (S)

30.   Sit-down Restaurant (S)

Takeout restaurant (S)

Institutional

31.   Cemetery (S)

32.   Church (MS/S)--See section 4.3.4

33.   Community hall (MS/S)--See section 4.3.4

34.   Health services (S)

35.   Hospital (S)

36.   School, nonpublic (S)

School, public (L)

Sheriff/fire station (L)

 

 

 

Recreational

37.   Country club (S)

38.   Golf course (S)

39.   Membership club/clubhouse (S)

40.   Place of amusement or recreation (RSP/S)--See section 4.3.5

Riding academy (S)

Public park and playground (L)

Trail and trail head (L)

Accommodation

41.   Bed and breakfast (MS/S) - See section 4.3.6

42.   Hotel/motel (S)

Industrial

43.   Enclosed storage (S)

44.   General industrial (S)

45.   Light industrial (S)

46.   Mining (S)

47.   Oil and gas drilling and production (R)

48.   Trade use (S)

Utilities

49.   Commercial mobile radio service (RSP/S) -See section 16

Utility substation (L)

Treatment plant (L)

Water storage facility (L)

Transportation

50.   Airport (S)

51.   Bus terminal (S)

52.   Commercial aerial sightseeing/tour flights (S)

53.   Heliport (S)

54.   Park and ride (S)

55.   Parking lot/garage (S)

56.   Train station (S)

57.   Transportation depot (S)

58.   Transportation service (S)

59.   Truck stop (S)


4.1.22.  PD-Planned development.

D. Uses allowed by special review.  A PD district may contain provisions pertaining to uses allowed by site plan review, public site plan review, minor special review and special review. 

 

 

 

 

 

 

 

 

 

 


4.1.23.  RFLB-Red Feather Lakes Business.

This zoning district may be applied only within the Red Feather Lakes Plan Area.

A. Principal uses:

Commercial    

1.   Automobile service station (RSP)

2.   Bar/tavern (RSP/MS) - See section 4.3.3

3.   Carwash (RSP)

4.   Clinic (RSP)

5.   Convenience store (RSP)

6.   General retail (RSP/S) - See section 4.3.3

7.   Instructional facility (RSP)

8.   Personal service (RSP)

9.   Professional office (RSP)

10.   Restaurant (RSP/MS) - See section 4.3.3

Agricultural    

11.   Apiary (R)

12.   Pet animal veterinary clinic/hospital (RSP/MS/S)--See section 4.3.1

Institutional    

13.   Child/elderly care center(S)

14.   Church (RSP/S)--See section 4.3.4

15.   Community hall (RSP/S)--See section 4.3.4

16.   Cultural institution (R/LSP)

Sheriff/fire station (L)

Recreational    

17.   Membership club/clubhouse (RSP)

18.   Place of amusement or recreation (RSP/S) - See section 4.3.5

Accommodations

19.   Hotel/motel (RSP)

20.   Nursing home (S)

21.   Recreational vehicle park/campground (S)

22.   Resort lodge/resort cabins (RSP)

Industrial    

23.   Enclosed storage (S)

24.   Trade Use (S)

Utilities    

25.   Commercial mobile radio service (RSP/S) - see section 16

26.   Radio and television transmitter (S)

27.   Treatment plant (L/S)

28.   Utility substation (L/S) Water storage facility (L/S)

Transportation    

29.   Parking lot/garage (MS)

 

 

 

 

 

 

 

 

3.         Amend the Zoning Table as follows:

 

See attachment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.         Section 4.2.3: Change “pointer” in this section to reflect moving supplymentary regulations to a new section 15 section as follows:

 

4.2.3.  Fossil Creek Reservoir Area transferable density units overlay zone.*

H. Development standards.   

1. All development in the Fossil Creek TDU zone must meet standards for the Fort Collins GMA district and standards for the Fossil Creek Reservoir Area contained in the supplementary regulations in subsection 8.915.2.A.1.

2. Development in the estate residential area of the Fossil Creek TDU zone must also comply with standards of the estate residential area regulations for the Fossil Creek Reservoir Area contained in subsection 8.915.2.A.1.

3. Development in the mixed-use neighborhood area of the Fossil Creek TDU zone must also comply with standards of the mixed-use neighborhood area regulations for the Fossil Creek Reservoir Area contained in the subsection 8.915.2.A.1

 

 

4.3.  USE DESCRIPTIONS AND CONDITIONS


4.3.1.  Agricultural uses.

Modify the use descriptions N, O,and P as follows:

 

N. Livestock veterinary clinic/hospital. 

Amend sections 1.a and 2.a of this use description as follows:

 

1.  a. With a facility of up to 2,500 square feet gross floor area (all indoor), except in the B-Business, C-Commercial or I-Industrial zoning districts where such a livestock veterinary clinic/hospital is a use by right allowed by site plan review: and/or

 

2.   a. With a facility of 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-Commercial and I-Industrial zoning districts where a livestock veterinary clinic/hospital is a use by right allowed by site plan review; and/or

 

O. Pet animal facility. 

Amend sections 1. and 2.a of this use description as follows:

 

1. Minor special review is required for any pet animal facility with up to 2,500 square feet gross floor area or less (all indoor) and no outdoor animal use area, except in the B-Business, C-Commercial and I-Industrial zoning districts where a pet animal facility is a use by right allowed by site plan review.

 

2.  a. With 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-Commercial and I-Industrial zoning districts where a pet animal facility is a use by right allowed by site plan review; and/or

 

P. Pet animal veterinary clinic/hospital. 

Amend sections 1.a. and 2.a of this use description as follows:

 

 

1.  a. With up to 2,500 square feet gross floor area or less (all indoor), except in the B-Business RFLB - Red Feather Lakes Business, C-Commercial and I-Industrial zoning districts where such a pet animal veterinary clinic/hospital is a use by right allowed by site plan review; and/or

 

2. a. With a facility of 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-Commercial or I-Industrial zoning districts where such a pet animal veterinary clinic/hospital is a use by right allowed by site plan review; and/or


4.3.2.  Residential uses. 
Change the following use descriptions and reorganize the uses described in this section in the following order:

 

A. Single-family dwelling.  A structure designed, arranged or intended to be occupied by one living unit, containing a primary heat source and living facilities for sleeping, cooking, eating and sanitation. A dwelling may be leased or rented for any time period. A dwelling may be leased or rented for any time period provided that the use of the property as a rental unit does not convert the property to a use contemplated by tourist or accommodation zoning, i.e. as a resort cabin, providing single night transient rentals. 

 

B. Duplex dwelling.  A structure designed, arranged or intended to be occupied by two separate occupants or living units, containing a primary heat source and living facilities for sleeping, cooking, eating and sanitation. A dwelling may be leased or rented for any time period. A dwelling may be leased or rented for any time period provided that the use of the property as a rental unit does not convert the property to a use contemplated by tourist or accommodation zoning, i.e. as a resort cabin, providing single night transient rentals. 

 

H CDwelling, cabin.  Dwelling, cabin.  A structure that contains at least one habitable room for living, sleeping, eating, cooking and sanitation that is designed, arranged and intended to be occupied by one occupant or living unit. A dwelling may be leased or rented for any time period. A dwelling may be leased or rented for any time period provided that the use of the property as a rental unit does not convert the property to a use contemplated by tourist or accommodation zoning, i.e. as a resort cabin, providing single night transient rentals. 

1. A cabin that includes a primary heat source will be considered to be a single-family dwelling.

2. Cabins are permitted in the applicable zoning districts (See subsection 4.1) only in the west half of Range 70, in Ranges 71-78 and in Townships 11 and 12, Ranges 68-78.

 

C DMultiple-family dwelling. 

 

D EManufactured housing park. 

G FGroup home. 

 

F GGroup home for the aged. 

 

E HGroup home for the developmentally disabled. 

 

J IGroup home for the mentally ill 

 

I J. Storage buildings and garages on vacant lots. 


4.3.3.  Commercial uses.

Modify use descriptions G and H, delete use descriptions I, J and K, and renumber the remainder of the section:

 

G. Personal service.  A facility primarily engaged in providing services involving the care of a person and his/her apparel, appearance or personal goods. 

1. Reserved.

2 1 . A photography studio cannot include any adult use as defined in subsection LK below.

3 2 . A laundry includes a laundromat or personal scale laundry service.

 

H. Restaurant.  An establishment where the principal business is the sale of food and beverages in a ready-to-consume state. Fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use. 

1. An outdoor seating area or outdoor food service requires approval through the minor special review process, except in the AP-Airport zoning district where special review is required.

 

 

2. Drive-in or drive-through service facilities requires approval through the minor special review process, except in the AP-Airport zoning district where special review is required.

 

I. Restaurant/takeout.  A facility where food and/or beverages are sold in a form ready for consumption primarily off the premises. 

1. A takeout restaurant may include drive-in facilities.

 

J. Restaurant-sit down.  A facility where food and/or beverages are prepared and served to patrons for consumption primarily within the principal building. 

1. An accessory patio area or other outside serving area requires special review approval.

 

K. Nightclub.  A facility used primarily for the sale and dispensing of liquor or nonalcoholic beverages by the drink; where food may be available for on-site consumption; and where live entertainment and/or dancing is provided. A nightclub can not include any adult use as defined in section L below.   Replace this use with bar/tavern as described below:

 

I. Bar/tavern.  An establishment where the primary business is providing or dispensing by the drink for on-site consumption of fermented malt beverages and/or malt, special malt, vinous or spirituous liquors, in which the sale of food products such as sandwiches and light snacks is secondary, and where music, live entertainment and/or dancing may be provided. 

1. An outdoor seating area requires approval through the minor special review process in the B-Business, C-Commercial, I-Industrial and RFLB-Red Feather Lakes Business zoning districts.

2. A bar/tavern cannot include any adult use.

 

 

 

 

 


4.3.4.  Institutional uses.

Modify use description G, L, M and Q, delete use descriptions K,O and F and renumber as follows:

 

F. School, public.  A facility that provides a curriculum of elementary, secondary and higher academic instruction, including kindergartens, elementary schools, junior high schools, middle schools, high schools, colleges and universities, and that receives most of its funding from a government agency. 

School, nonpublic.   Any private or parochial school or any school operated as a commercial enterprise that provides education to more than eight unrelated pupils of compulsory school age. All nonpublic schools require approval through the special review process. 

 

G. Church. 

Amend section 2 of this use description as follows:

2. A church is allowed by right site plan review in the T-Tourist, B-Business, C-Commercial, I-Industrial and RFLB- Red Feather Lake Business zoning district except as noted below.

 

K. Child/elderly care home.  A facility in a private residence that provides care, protection and supervision of not more than eight children/people according to state requirements. 

1. Parking and loading requirements must be determined through site plan review of any proposed child/elderly care home. (Note: this will be moved to accessory uses.)

 

 

L. Community hall. 

Amend section I of this use description as follows:

1. A community hall is allowed by right site plan review in the RFLB- Red Feather Lake Business zoning district except as noted below.

 

M. Jail/p Prison/detention center.  A facility for the processing and confinement of people held in lawful custody.

 

O. Sheriff/fire station.  A facility for neighborhood or small area operations of the sheriff or fire department where equipment and vehicles are stored and maintained but is not the headquarters or main administrative offices for either entity. 

1. Location and extent review is required for all sheriff and fire stations.

 

P. School, nonpublic.  Any private or parochial school or any school operated as a commercial enterprise that provides education to more than eight unrelated pupils of compulsory school age. All nonpublic schools require approval through the special review process. 

 

Q OCultural institution.  A public or non-profit institution displaying or preserving objects of interest in one or more of the arts or sciences, including libraries and museums. 

 

 

 

 

 

 


4.3.5.  Recreational uses.

Delete the following use descriptions G and H:

 

G. Public park and playground.  A parcel of land designated and used by the public for passive and active recreation. It may include a variety of facilities, including equipment for younger children as well as court and field games. 

 

H. Trail and trailhead.  A parcel of land designated and used by the public for hiking, biking and/or horseback riding and a facility for the parking of vehicles which provides safe access to the trail. 


4.3.6.  Accommodation uses.

Modify the use description 4.3.6.B. as follows:

 

B. Bed and breakfast.  An owner or operator occupied, single-family dwelling where short-term lodging rooms and meals are provided to guests for a fee. 

1. A bed and breakfast accommodating more than six guests at any time requires approval through the special review process in the A-Accommodations, T-Tourist and B-Business zoning districts.

1. A bed and breakfast in the RE-Rural Estate or RE-1 Rural Estate zoning district requires special review approval.

2. A bed and breakfast in the O-Open, FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry and AP-Airport zoning district accommodating six or fewer guests requires approval through the minor special review process.

3. A bed and breakfast in the O-Open FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry and AP-Airport zoning district accommodating more than six guests requires approval through the special review process.


4.3.7.  Industrial uses.

Modify use description G as follows:

 

G. Hazardous materials storage and/or processing.  A facility for the storage, treatment, disposal, incineration or otherwise handling of any substance or material that, by reason of its toxic, corrosive, caustic, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person coming into contact with such material or substance. This use category includes the collecting, storing and/or blending of hazardous waste to be used as a fuel source or alternate fuel (see subsection 8.2017). 

 

4.3.119.  Utilities. (Move Utilities section to 4.9 and move Temporary uses to section 4.11.)  Delete the following use description A and renumber the section:

 

A. Utility substation.  Any electric transmission lines, substations of electric utilities, major gas regulator station, transmission and gathering pipelines and storage areas of utilities providing natural gas or petroleum derivatives and their appurtenant facilities. 

 

 

 

 

 

4.3.10.  Accessory uses and structures.

Modify the following sections:

 

B. 2. d. Vehicle trips associated with the home occupation, except for retail sales events, will not exceed five six trips in any one day.

 

E. Outside storage of vehicle.  Only those vehicles that do not qualify as junk vehicles and are owned by the occupant or owner of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling. These vehicles and agricultural equipment must be located on the lot such that they will not cause traffic sight obstructions or safety hazards. 

 

Add a new accessory use (moved from principle uses) as follows and renumber the balance of this section:

 

F. Child/elderly care home.  A facility in a private residence that provides care, protection and supervision of not more than eight children/people according to state requirements. 

1. Parking and loading requirements must be determined through site plan review of any proposed child/elderly care home. All parking required to accommodate the child/elderly care home must be provided on the site.

 

4.3.911.  Temporary uses.

Modify use description B as follows:

B. Fireworks stands.  Temporary fireworks stands are allowed in the B-Business, C-Commercial, I-Industrial and I-1 Industrial zoning districts from June 16 to July 5. A setback and use permit issued by the building permit department is required for each temporary fireworks stand. 

 

d. Vehicle trips associated with the home occupation, except for retail sales events, will not exceed five six trips in any one day. 

 

 

4.5.  SPECIAL REVIEW AND MINOR SPECIAL REVIEW*

Amend section 4.5.10 as follows:


4.5.10.  Post approval requirements.

A. Prior to beginning any construction or the commencement of the approved use, the applicant must comply with section 12.6 (post approval requirements).

B. Site plan review under section 6 of this code is required before an application for a building permit can be accepted by the building department. Site plan review may be concurrent with the special review or minor special review process. The planning director may approve a simplified site plan where he/she determines it is appropriate. Development improvements and construction must be approved and completed prior to commencement of the approved use. A building permit is required for the construction of any buildings or structures on the site.

 

 

 

 

 

 

4.7.  ZONING SPECIAL EXCEPTIONS

Add the following new sections 4.7.8 and 4.7.9 so that this process is consistent with the special review process as follows:

4.7.8.  Post approval requirements.

A. Prior to beginning any construction or the commencement of the approved use, the applicant must comply with section 12.6 (post approval requirements).

 

B. Development improvements and construction must be approved and completed prior to commencement of the approved use. A building permit is required for the construction of any buildings or structures on the site.


4.7.9.  Expiration of approval.

Special Exception approvals automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

 

Modify Section 5.7.2 as follows:

5.7.2.  Applicability.

Contiguous lots in recorded subdivisions, planned unit developments and minor residential developments approved under previous subdivision regulations, in recorded subdivisions, conservation developments, rural land plans and planned land divisions and in approved exemptions, whether recorded or not, may be reconfigured or combined by an amended plat. The vacation of any right-of-way that results in a new lot configuration requires an amended plat. Any change to a condition or note on a plat requires an amended plat process.

Modify Section 5.7.4 as follows:

5.7.4.  Process.

All applications for amended plats require a pre-application conference and county commissioner review. If an amended plat includes a right-of-way or easement vacation or dedication, or a change to a condition or a note on a plat, legal notice of the county commissioner hearing is required as described in section 12.3 (notice of public hearings).

 

Add Section 5.7.5.C as follows:

5.7.5.  Post-approval requirements.

C. Change to plat conditions or notes. Amended plats that change conditions or notes will be approved by resolution of the county commissioners. The resolution will be recorded with the county clerk and recorder. No new plat will be required.

 

 

 

 

 

 

 

 

 

 

 

5.         Modify Section 12.2.7. as follows:

 

A. County commissioners will conduct a public hearing and make final decisions about rezonings; special reviews; special exceptions; appeals to minimum lot size requirements; amendments to the official zoning map; amendments to the text of this Code; interpretations of zoning maps; preliminary plats for subdivisions, planned land divisions, conservation developments and preliminary rural land plans; TDU exemption plats; general development plans; amendments to boundaries of wetlands as shown on adopted wetland maps; appeals concerning the extension, expansions or changes in character of a nonconforming use, building or structure; appeals of planning director interpretations of this Code; public site plans as applicable per Section 6.2.D, appeals of decisions of administrative officers and agencies in the administration and enforcement of this Code other than those delegated to the board of adjustment; and appeals of standards and requirements imposed by this Code other than variances delegated to the board of adjustment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.         Modify Section 12.3.1 as follows:

 

12.3.1.  Published legal notice.

TABLE 12.3.I

PUBLIC HEARING NOTICE REQUIREMENTS

TABLE INSET:

Type of Hearing   

Published Notice**   

APO Notice** 

Sign Posted** 

County Commissioners   

Gen. Develop. Plan   

14 days   

14 days   

14 days   

Preliminary Plat   

14 days   

14 days   

14 days   

Text Amendment   

14 days   

N/A   

N/A   

Special Review   

14 days   

14 days   

14 days   

Minor Special Review

14 days   

14 days   

14 days   

Special Exception

14 days   

14 days   

14 days   

Nonconformity change

14 days   

14 days   

14 days   

Zoning Map Amendment   

14 days   

14 days   

14 days   

Appeals   

14 days   

14 days   

N/A   

Public Site Plan Hearing

14 days   

14 days   

14 days   

Street Name Changes 

14 days   

14 days   

N/A   

Right-of-Way or Access Vacations   

14 days   

14 days   

N/A   

Easement Vacations

14 days   

14 days   

N/A   

Change of note/condition

14 days   

14 days   

N/A   

1041 Permit   

30 days but no more than 60 days   

14 days   

N/A   

Designation of a Matter of State Interest   

30 days but no more than 60 days   

N/A   

N/A   

1041 Appeal   

14 days   

14 days   

N/A   

   

   

   

   

Planning Commission   

Gen. Develop. Plan   

14 days   

14 days   

14 days   

Preliminary Plat   

14 days   

14 days   

14 days   

Text Amendment   

14 days   

N/A   

N/A   

Special Review   

14 days   

N/A   

N/A   

Zoning Map Amendment
(Legislative)   

14 days   

14 days   

14 days   

Zoning Map Amendment (Quasi-Judicial)   

14 days   

14 days   

14 days   

1041 Permit   

14 days   

14 days   

N/A   

Designation of a Matter of State Interest   

14 days   

N/A   

N/A   

   

   

   

   

Board of Adjustment 

10 days   

14 days   

14 days   

   

   

   

   

Floodplain Rev. Board 

14 days   

14 days   

N/A   

 

Rural Land Use Process

Neighborhood Meeting

N/A   

14 days   

N/A   

Preliminary Plan   

14 days   

14 days   

14 days   

Neighborhood Meeting 

N/A   

14 days   

N/A   

 

 

7.         Add a new Section 15.0 SUPPLEMENTARY REGULATIONS of the Land Use Code, as follows:

 

15.0.    SUPPLEMENTARY REGULATIONS

Move the entire current Section 8.9 SUPPLEMENTARY REGULATIONS to this Section 15.0. SUPPLEMENTARY REGULATIONS.  The following changes are proposed to the numbering in the section to reflect this change.

 

Supplementary regulations are contained in a separate volume from the land use code.  The supplementary regulations listed below are an integral part of the land use code and the development review processes described in the code.  Subsections 8.915.1.D and E apply to rural land plans.

 

8.915 .1.           Supplementary engineering regulations.

 

8.915 .2            Supplementary regulations for growth management areas.

 

8.915 .3            Reserved.

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.