These Regulations shall be cited as the ÒMineral County Zoning RegulationsÓ. (While these Regulations are in fact, Amended Regulations, use of the words Òas AmendedÓ is not necessary.)
1.2 Authority
The Mineral County Zoning Regulations (the ÒRegulationsÓ herein) and the Mineral County, Zoning Map as Amended (the ÒZoning MapÓ herein) are authorized by Title 30, Article 28 of the Colorado Revised Statutes and are hereby declared to be in accordance with all provisions of such statutes.
1.3 Purpose
(A) Pursuant to the authority conferred by Title 30, Article 28, of the Colorado Revised Statutes, these Regulations are enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Mineral County, including the lessening of congestion in the streets and roads or reducing the waste of excessive amounts of roads, securing safety from fire, flood waters and other dangers, providing adequate light and air; the classification of land uses and the distribution of land development and utilization, avoiding undue congestion of population, facilitating the adequate provision of transportation, water, schools, sewerage and other public requirements; facilitating protection of the tax base, securing economy in governmental expenditures, fostering the CountyÕs agricultural and other industries and the protection of both urban and non-urban development.
(B) The Board of County Commissioners (the ÒBoardÓ herein) with the recommendations of the Mineral County Planning Commission (the ÒPlanning CommissionÓ herein) declare that these Regulations are additionally adopted for the following specific purposes:
(1) To promote coordinated and sound development and to encourage innovation in residential development or renewal so that housing demands may be met by a greater variety of types and design of housing units.
(2) To provide for higher quality in site and land planning, to conserve open space, and to provide more efficient and attractive use of open space.
(C) Mineral County recognizes the Colorado Land Use Act. No provision of these regulations shall be construed to prohibit or prevent the application of matters of statewide concern in the zoning process, on a case by case basis.
1.4 Jurisdiction
(A) These Regulations, as well as all Mineral County Land Use Regulations, shall apply to and shall include all of the unincorporated land and buildings located within the limits of Mineral County, Colorado, excluding any lands owned and administered by the Federal Government.
(B) Any proposed land use decision that involves a business or agricultural activity identified in CRS 31-15-501(1)(a) (offensive or unwholesome businesses or establishments or conducting the same in an offensive or unwholesome manner) and in CRS 31-15-501(1)(d) (the management and construction of slaughter houses, packing houses, renderies, tallow candleries, bone factories, soap factories, tanneries and dairies shall be referred for comment to the City of Creede, Colorado, a Town, if such business or agricultural activity lies wholly or partially within one mile of the corporate limits of the Town.
(C) The Board reserves the right to adopt temporary and emergency regulations on specific subjects not known as of the date of adoption of these Regulations that will have the full force of the law. However temporary and emergency regulations will be published separately.
1.5 Interpretation and Application
(A) The provisions of these Regulations may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity and general welfare. These Regulations are not intended to interfere with or abrogate or annul any easements, covenants or agreements between parties, provided however that wherever these Regulations propose a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures, or require larger open spaces surrounding structures than are imposed or required by other laws, ordinances, resolutions, regulations, easements, covenants or agreements between parties, the provisions of these Regulations shall govern. Wherever the provisions of any other laws, ordinances, resolutions, regulations, easements, covenants or agreements between parties propose a greater restriction upon the use of buildings or land, upon the location or height of buildings or structures or require larger open space surrounding structures than is required by these Regulations, the more restrictive requirements shall govern.
(B) No structure or premises shall hereafter be used or occupied and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered contrary to the provisions of these Regulations except as herein provided. No portion of a lot area, open space, off-street parking space or yard required about or in connection with any building for the purposes of complying with these Regulations may be included as a portion of a lot area, an open space, off-street parking area or yard similarly required for any other building or its use except as provided under Article 6, Planned Unit Developments.
(C) The absence of County regulations on a particular structure or use shall not relieve a property owner, tenant, occupant, contractor or any other person or entity from complying with federal and state laws, rules and regulations applicable to any construction upon or use of any property, such as the installation of manufactured homes, the conversion of mobile homes to permanent improvements and the creation and use of feedlots.
(D) Any reference herein to any state statute by number shall, if recodified by the state to a different number but without substantive changes to the text of that statute, shall be interpreted as the same statute.
(E) When a paragraph herein is cited, use of the word ÒArticleÓ shall be unnecessary. Every such cited paragraph includes all subparagraphs of the cited paragraph.
1.6 Classification of Districts
For the purpose of these Regulations the County is divided into zoning districts designed as follows:
Districts Abbreviation
Rural RU
Alpine ALP
Residential Estate RE
Residential R
Residential High Density RH
Mobile Home Estate MHE
Mobile Home MH
Recreational Resort RR
Commercial C
Industrial I
1.7 Zoning Map
(A) The location and boundaries of the Districts designated in Section 1.6 are hereby established as shown on the map entitled Zoning Map of Mineral County, signed by the Chairman of the Board and the Mineral County Clerk and Recorder (the ÒCounty ClerkÓ herein) and hereafter referred to as the Zoning Map, currently dated April 5, 1976 and amended through January 3, 2012.
(B) The Zoning Map and all the notations thereon are hereby made a part of these Regulations.
(C) A signed copy of the Zoning Map showing the Districts designated at the time of the adoption of these Regulations shall be maintained on file with the County Clerk. Changes made in district boundaries or other matters portrayed on the official Zoning Map shall be made in accordance with the provisions of these Regulations and Title 30, Article 28 of the Colorado Revised Statutes. Changes shall be entered on the official Zoning Map in accordance with the Resolution approving such change after the amendment has been approved by the Board, by an entry on the official Zoning Map.
(D) Existing uses classified as conditional uses will be considered as approved conditional uses when these Regulations were originally adopted.
Districts |
I |
C |
RR |
MH |
MHE |
RH |
R |
RE |
ALP |
RU |
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I = Industrial – C = Commercial RR = Recreational Resort MH=Manufactured/ |
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Mobile Home MHE = Manufactured/Mobile |
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Home Estate RH = Residential High Density |
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R =Residential RE = Residential Estate |
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ALP = Alpine RU = Rural |
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Uses |
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Conditional Use = C Permitted Use = P |
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General Farming and Ranching |
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P |
P |
P |
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P |
P |
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P |
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Agricultural Products, processing and distribution |
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C |
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One Unit Farm and Ranch Dwelling |
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P |
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Bunkhouse, Seasonal Farm Labor Housing |
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C |
P |
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Nursery Stock, Production and Sales |
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C |
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Feed Lots, Dairies, Poultry & Egg Production |
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C |
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Commercial Greenhouse |
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C |
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Commercial Fish Hatchery, Culture and Processing |
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C |
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Forestry Products, Production, Management, Harvesting |
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C |
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P |
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C |
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P |
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Wildlife Habitat Management |
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P |
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One Unit Dwelling, including Manufactured Home |
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P |
P |
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P |
P |
P |
P |
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Guest House not exceeding 1,000 sq. ft. |
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P |
P |
C |
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Multi-unit dwelling |
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P |
P |
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P |
P |
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Apartments, Condominiums, Town Houses |
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Individual Mobile Home |
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P |
P |
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Detached Garage |
P |
P |
P |
P |
P |
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P |
P |
P |
P |
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Unpainted Wooden Fence not exceeding 40" high |
P |
P |
P |
P |
P |
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P |
P |
P |
P |
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Accessory Buildings and Uses |
P |
P |
P |
P |
P |
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P |
P |
P |
P |
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Rest, Nursing and Convalescent Homes |
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P |
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C |
C |
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C |
C |
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C |
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Group Homes for: Developmentally Disabled, Aged (over 60 years of age) & persons with Mental illness |
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P |
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P |
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P |
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Short-term Residential Rentals |
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P |
P |
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P |
P |
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P |
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Open Land Recreation Uses: golf, tennis, riding stables, etc. |
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C |
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Noncommercial Parks, Sports Fields, Recreation |
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P |
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P |
P |
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P |
P |
P |
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Outdoor Sports Facilities and Activities |
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C |
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Resort Accommodations with Outdoor Recreation |
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P |
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Campgrounds |
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C |
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Outdoor Amusement and Entertainment |
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C |
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Miniature Golf, Outdoor Amusements (except drive-ins) |
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P |
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Winter Sports Areas |
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C |
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Gun Clubs, Shooting Ranges |
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C |
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C |
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Drive-in Theatres |
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C |
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C |
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Vocational Schools, Colleges, Universities |
C |
P |
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C |
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C |
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C |
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Public and Private K-12 Schools |
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P |
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C |
P |
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C |
P |
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Research Facilities (except U.S. Telecommunications) |
P |
C |
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Hospitals |
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P |
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C |
C |
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C |
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C |
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Churches, Chapels, Synagogues, Temples, Mosques |
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P |
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C |
P |
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C |
P |
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C |
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Cemeteries |
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C |
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Mortuaries, Funeral Homes and Chapels |
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P |
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Kennels and Animal Hospitals |
C |
C |
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Medical and Dental Clinics |
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P |
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C |
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C |
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C |
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Other Professional Services |
C |
P |
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Business and Professional Offices |
C |
P |
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C |
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C |
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C |
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Administrative and Executive Offices |
C |
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Financial Institutions and Membership Clubs |
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P |
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Hotels, Motels, Restaurants, Bars |
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P |
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Bed and Breakfast Establishments |
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P |
C |
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C |
C |
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Home Occupations |
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C |
C |
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C |
C |
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C |
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Indoor Amusement and Entertainment |
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P |
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Retail Sales Establishments |
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P |
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Car Wash |
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P |
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Auto Parking Lot |
P |
P |
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Gasoline Service Station |
C |
C |
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Storage Units, Sales and Rental |
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C |
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Contractors Equipment Storage and Supplies |
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P |
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Equipment Sales, Service and Rental |
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P |
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Cold Storage Lockers |
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C |
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Printing Services |
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P |
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Bulk Cleaning and Laundry (no dry-cleaning) |
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P |
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Dry-cleaning |
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C |
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Warehouses and Wholesale Facilities (fully enclosed) |
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C |
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Salvage Junk Yards |
C |
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Mining and Milling |
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P |
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Sand, Grave, Quarry, Limestone Extraction |
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C |
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Other Extractive Industries |
C |
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Hot Mix Plants, Rock Crushers, Etc. |
C |
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Fuel, Chemical, Hazardous Product Storage |
C |
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Saw Mills, Planning Mills |
C |
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Cleaning, Manufacturing, Processing Assembly |
P |
C |
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Heavy Industry (odor, gas, smoke, noise, vibrations etc.) |
C |
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Utility Installations (gas, phone, elec., cable TV) (Avt. 4?) |
C |
C |
C |
C |
C |
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C |
C |
C |
C |
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Public Utility Facilities, Buildings, etc. |
P |
P |
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C |
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Water and Sewer Supply and Treatment Facilities |
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C |
C |
C |
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C |
C |
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C |
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Solid Waste Disposal Facilities |
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P |
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C |
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Radio, TV Microwave Towers or Stations |
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P |
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C |
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Public Buildings |
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P |
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C |
C |
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C |
C |
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Recycling Centers |
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C |
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Airports |
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C |
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C |
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Jails |
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C |
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