(A) Permitted uses and conditional uses may be located in the same building.
(B) Conditional uses established prior to the adoption of these Regulations shall be considered as approved conditional uses.
4.2 District Boundaries
Unless otherwise specified, district boundaries are lot lines or the centerlines of streets, alleys, railroad rights-of-way or such lines extended. Where a district boundary divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 100 feet. If the adjustment involves a distance of more than 100 feet, the procedures for a zoning district amendment shall be followed. The regulations set forth in this paragraph do not apply to the Alpine and Subalpine Zone District.
4.3 General Provisions Regarding Accessory Uses
Accessory uses shall comply with all requirements for the principle use except where specifically modified by these Regulations and shall also comply with the following limitations:
(A) A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales from the premises.
(B) A guest house may be maintained in any residential district or in the Alpine district accessory to a dwelling provided such guest house is used for the occasional housing (no more than 25% of any calendar year) of guests of the occupants of the principle dwelling, so long as such guest house is not used for commercial purposes and no charge is made for the use of such guest house. Total floor area of a guesthouse shall not exceed 1000 square feet.
(C) When no alley exists, accessory structures shall be set back 5 feet from the rear lot line and when an alley exists, a 10-foot setback shall be required, except in the Alpine and Subalpine Zone District. In the Alpine and Subalpine Zone District, all setbacks from property lines to the nearest part of any structure are a minimum of 25 feet.
(D) Accessory structures shall maintain a 3 foot side yard, except in the Alpine district and except that no part of any accessory building shall be located closer than 10 feet to any principle structure on an adjacent lot. In no case shall an accessory building be located less than the required front setback of the applicable zone district.
(E) Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.
(F) Accessory buildings on corner lots shall be set back from the side street a distance not less than that required for the main building.
The following uses of land are permitted in each zoning district (unless restricted to particular zoning districts) subject to the specific regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:
(A) Christmas tree sales in any rural, commercial or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no tree shall be displayed within 30 feet of the intersection of the right-of-way line of any two streets.
(B) ContractorsÕ office living quarters and equipment sheds accessory to a construction project, to continue only during the duration of such a project.
(C) Real estate offices incidental to a new housing development, to continue only until the sale or lease of all lots in the development but not exceeding one year, subject to extension at the discretion of the Board.
(D) Seasonal sale of farm produce grown on the premises, to continue for not more than four months per year. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
(E) Auctions, flea markets, carnivals, circuses, bazaars and other amusement activities provided they do not continue more than ten (10) days and the land owner obtains any permits required by law.
Home occupations, if allowed as a permitted or conditional use, shall be governed by the following regulations:
(A) Home occupations must be clearly secondary to the use of the residence building and shall not occupy more than 20 percent of the total floor area of the residence building or, if located in an accessory building, shall not occupy more than five (5) percent of the total lot area.
(B) Home occupations shall be operated entirely from an enclosed structure with no exterior storage of materials or equipment.
(C) There shall be no visible evidence of the home occupation and it shall not change the residential character of the property, except as provided in 4.5(F).
(D) The home occupation shall not substantially increase traffic in the area and off-street parking must be provided to accommodate all needs created by the home occupation.
(E) The home occupation shall not be objectionable due to odor, dust, smoke, noise, vibration or other causes.
(F) Home occupation signs – See Section 8.4(F).
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than three (3) feet into a required setback or into required open spaces as established by coverage and setback standards.
No lot area setback, open space, required off-street parking area or loading area existing on or after the effective date of these Regulations shall be reduced in area, dimension or size below the minimum required by these Regulations nor shall any lot area, yard, open space, off-street parking or loading area which is required by these Regulations for one use be used as the lot area, yard, open space or off-street parking or loading area requirement for any other use.
(A) If, at the time of passage of these Regulations, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied for any use permitted outright in the district subject to the other requirements of the district provided that, if there is an area deficiency, a residential use shall be limited to a single-family residence.
(B) The minimum lot requirements of the RU, RR, RE and MHE districts shall not apply to utility installations such as electric substations, electric generating stations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines (not including utility offices, repair, storage or production facilities.)
The following exception to the front setback requirements for a dwelling is authorized for a lot in any district except in the Alpine and Subalpine Zone District. If there are dwellings on both abutting lots with front setbacks of less than the required depth for the district, the front setback for the lot need not exceed the average front setback of the abutting dwellings. If there is a dwelling on one abutting lot with a front setback of less than the required depth for the district, the front setback for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front setback depth.
The following type of structures or structural parts are not subject to the building height limitations of these Regulations except in the Alpine and Subalpine Zone District: chimneys, storage tanks, water towers, church spires, belfries, domes, monuments, fire and hose towers, transmission towers, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts, mining mills, ranch and farm accessory uses, silos, outdoor movie screens and other similar projections.
Vision clearance areas shall be provided with the following distance establishing the size of the vision clearance area:
(A) In a residential district, the minimum distance shall be 30 feet. At alley intersections in a residential district, the minimum distance shall be ten (10) feet.
(B) In all other districts the minimum distance shall be 15 feet or at intersections including an alley, ten (10) feet except that when the angle of intersection between streets is less than 30 degrees, the distance shall be 25 feet.
(C) At any intersection where at least one of the intersecting streets is an arterial highway, the minimum distance shall be 50 feet.
Salvage junkyards shall be screened with a minimum of an eight (8) foot high opaque, solid fence or earth berm so as to provide visual and aural separation between such use and adjacent areas.
Fences, walls and hedges may be permitted in a required setback or along the edge of any setback, provided that within any required front setback, no fence, wall or hedge shall be over three and a half (3 ½) feet in height closer than 25 feet to a public right-of-way. The only exception to the foregoing shall be that fences of woven wire type, or at least 80 percent open may be erected closer than 25 feet to any property line parallel or perpendicular to a public right-of-way. Fences, walls and hedges shall not exceed seven (7) feet in height in residential districts (areas excluded above).
In districts where permitted, the densities for the following uses shall be computed as follows:
(A) Accommodations for three occupants in any fraternity, sorority or dormitory shall be considered to be one Òdwelling unit.Ó
(B) Three rooming units or more in any hotel or motel shall be considered to be one Òdwelling unit.Ó
(C) Six occupants in any residential institution such as a nursing home, retirement home, convalescent home, rest home or childrenÕs home shall be considered to be one Òdwelling unit.Ó Other group homes as defined by Colorado Revised Statutes 30-28-115 are subject to regulation under the requirements of those statutory provisions.
The renting of rooms to any person not a member of the family residing in the same one-unit dwelling may be permitted as an accessory use provided the following conditions are met:
(A) The total number of unrelated persons in any one dwelling unit must not exceed three, except for Group Homes as defined in Colorado Revised Statutes 30-28-115.
(B) Quarters used by the roomers must not be more than one-third the total floor area of the dwelling unit.
(C) The dwelling unit must have only one electric meter.
Principal surface activities of extractive industries, salvage junk yards, kennels and animal hospitals shall be located a minimum of 660 feet from any residential district.
(A) Livestock, poultry or other fowl may be allowed in residential districts only on lots of one acre or larger in size but under no circumstances shall they be allowed to create a health hazard or nuisance to surrounding properties. Under no circumstances shall they be kept for commercial purposes except that domestic rabbits may be kept on lots having an area of one-half (1/2) acre or larger.
(B) The total number of all livestock (other than their young under the age of 12 months) allowed on a lot shall be limited to one (1) such animal per acre of lot area.
(C) The number of chickens, fowl and rabbits (over the age of six months) shall not exceed one for each 2,000 square feet of lot area, provided that no crowing roosters shall be kept. The number of young chickens, fowl, and rabbits (under the age of six months) allowed on the property at any one time shall not exceed three times (3x) the allowable number of chickens, fowl and rabbits over the age of six months.
(D) Animal runs or barns and poultry or fowl pens shall be located on the rear half of the lot but not closer than 70 feet from the front lot line nor closer than 50 feet from any adjacent residence.
(E) Animals, poultry and fowl shall be properly caged, fenced or housed and proper sanitation shall be maintained at all times. All grain and processed feed shall be stored in metal or other rodent-proof containers.
4.18 Animals in Rural Districts
(A) Livestock, poultry or other fowl will be allowed in the Rural District on parcels over 1 acre up to but not including 35 acres but under no circumstances shall the number or type of such animals create a health hazard or nuisance to surrounding properties.
(B) The total number of all livestock (other than their young under the age of 12 months) allowed on a parcel less than 35 acres shall be limited to one such animal per acre.
(C) The number of chickens, fowl and rabbits (over the age of 6 months) shall not exceed one for each 2,000 square feet of land area. The number of young fowl, chickens and rabbits (under the age of 6 months) allowed on the property at any one time shall not exceed 3 times (3x) the allowable number of fowl, chickens, or rabbits over the age of 6 months.
(D) Animal runs, corrals and poultry or fowl pens shall not be located any closer than 25 feet to any lot line.
(E) Animals, poultry and fowl shall be properly caged, corralled or housed and exercise areas shall be properly fenced. Proper sanitation shall be maintained at all times. All grain and processed feed shall be stored in metal or other rodent proof containers.
(F) Any variance from the requirements under these paragraphs 4.18 will require a Conditional Use Review.
A swimming pool may be permitted in any district as an accessory use subject to the following requirements:
(A) No public or private swimming pool may be located in any required front or side setback abutting a street.
(B) Every swimming pool must be completely surrounded by a fence or wall not less than six feet in height with no openings large enough to permit children access except through gates or doors that can be fastened to protect against entry. A dwelling house or accessory building may be used as a part of such required enclosure.
Any use permitted in a zoning district which includes the conduct all or a portion of its business with persons who remain in their automobiles or which allows products to be consumed on the premises outside the principle building and which is not subject to the conditional use review provisions of Article 3 or is not part of a Planned Unit Development under Article 6, must submit a site plan to be reviewed and approved by the Board. In reviewing and approving the site plan for such a use, the Board must be satisfied that the traffic circulation on and adjacent to the site conforms to the following criteria:
(A) Traffic circulation shall be required such that internal pedestrian and vehicular movements are compatible and traffic hazards are minimized.
(B) Traffic circulation, ingress and egress shall be provided so as to avoid hazardous or adverse effects on adjacent sites and streets.
4.21 Storage and Parking of Recreational Vehicles and Commercial Vehicles
Commercial vehicles, camping units and other recreational vehicles shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following provisions:
(A) Not more than one commercial vehicle shall be permitted and in no case shall a commercial vehicle that is used for hauling explosives, gasoline or liquefied petroleum products be permitted.
(B) Camping units or other recreational vehicles shall not be parked or stored unless located behind the front setback lines. A camping unit of other recreational vehicle shall not be occupied permanently while it is parked or stored except in a Manufactured / Mobile Home Park or Transient Manufactured / Mobile Home Park or Campground as may be authorized under the Manufactured / Mobile Home Regulations of the County.
(C) A camping unit or other recreational vehicle may be parked and occupied on lots platted prior to February 7, 1977, only during the period from May 1st through November 15th, with the following limitations:
(1) The unit is connected to an approved individual sewage disposal system or to a central sewage disposal system or is a self-contained unit (which shall be emptied in an approved sewage disposal system or dump station);
(2) The unit has adequate water and a supply system;
(3) No more than one unit will be permitted on a lot on which a single unit dwelling is located and not more than two units shall be permitted on a lot without a single unit dwelling;
(4) The unit or units shall be located within the required setback lines.
4.22 Unlisted Uses
A use which has not been listed or is not easily included in a category shall be considered a conditional use. The Planning Commission shall recommend approval or denial and the Board shall make final approval or denial of unlisted uses by determining if the unlisted use is appropriate for and consistent with the intent of a zoned district.
4.23 Vested Property Rights
(A) The Regulations set forth in this Section 4.23 relate to Planned Unit Developments (PUDs, Article 6 hereof) and to the Mineral County Subdivision Regulations.
(B) As used in this Section 4.23, unless the context otherwise requires, the following words will have the following definitions:
(1) "Application" means a substantially complete subdivision or PUD application for approval of a Site Specific Development Plan that has been submitted to the County in compliance with all regulations established by the County. An Application includes an Application for a planned unit development, for a subdivision, for a specially planned area, for a planned building group, for a general submission plan, for a preliminary or general development plan, for a conditional or special use plan, for a development agreement and for any similar land use approval designation as may be created by the County in the future and designated by the County as an Application under this Resolution. (For purposes hereof, the phrase Òsubdivision or PUDÓ refers to any of the foregoing, to the extent recognized by current County regulations or added in future County regulations.) Any valid Application, other than for zoning or rezoning of a Subject Property, shall be considered a valid Application for a Site Specific Development Plan. Any such application that is not filed with the proper County official or that is not in substantial compliance with the then applicable County regulations or that is not accompanied by the then applicable filing fees is not a valid application and is not an Application for purposes of this Resolution. In addition, the following filings with or presentations to any County official(s) do not constitute an Application for purposes of this Resolution: an application for a variance or for a Land Use and Construction Consent; a sketch plan, as defined in Colorado statutes; a final architectural plan; a public utility filing; final construction drawings and related documents specifying materials and methods for construction of improvements.
(2) ÒFinal PlatÓ means the Final Plat of a subdivision or PUD and includes any final development plan, the subdivision improvements agreement and all documents required by County regulations and by the terms of the resolution granting preliminary approval of the Preliminary Plat. Approval of a Final Plat of a subdivision or of the Final Plan and Plat of a PUD, and only such approval, can constitute approval of a Site Specific Development Plan and the phrases ÒFinal Plat approvalÓ and Òapproval of a Final PlatÓ shall include approval of a Site Specific Development Plan, to the extent not expressly limited in the Final Plat approval resolution.
(3) "Landowner" means any owner of a legal or equitable interest in real property located in Mineral County and includes the heirs, successors and assigns of such ownership interests.
(4) "PropertyÓ means all real property within Mineral County that is subject to land use regulations adopted by Mineral County.
(5) "Preliminary Plat" means the preliminary plat accompanying an Application for a subdivision or PUD and includes any preliminary plan and plat and all other documents necessary for approval of a preliminary plan and/or plat, whether such documents are required by County regulations or as a result of the specific Application then pending before the County. Approval of a Preliminary Plat does not constitute approval of a Site Specific Development Plan.
(6) "Site Specific Development PlanÓ means an Application as defined above, submitted by a Landowner or by such LandownerÕs duly authorized representative, describing with reasonable certainty the desired type and intensity of use for the Subject Property. A Site Specific Development Plan is not approved until the final plat of the Subject Property has been approved by the Planning Commission and by the Board.
(7) "Subject Property" means the specific property that is the subject of an Application for a subdivision or PUD, as shown on the Preliminary Plat of the subdivision or PUD.
(8) "Vested Rights" means those rights that, pursuant to C. R. S. 24 – 68 - 101, et seq., vest in the Landowner as a result of the County's approval of a Final Plat. Unless stated to the contrary in a resolution adopted by the Board granting preliminary approval of any Application for a subdivision or PUD, a resolution granting such preliminary approval vests the following rights and only the following rights in the Landowner: (a) The right to present, to the Planning Commission and the Board, a final development plan, final plat and such other documentation with respect to the Application and the Subject Property as required in all applicable County regulations and in the resolution granting preliminary approval; (b) The right to plat the Subject Property in to the number, shape, size and location of individual parcels as shown on the approved Preliminary Plat, including private, public and open space parcels; (c) The right to plat and size all rights-of-way as shown on the approved Preliminary Plat; (d) The right to rely upon the zoning and proposed use of each individual parcel as shown on the approved Preliminary Plat; (e) The right to rely upon the density of the entire Subject Property and of each individual parcel as shown on the approved Preliminary Plat; (f) The right to rely upon all height limitations as shown on the approved Preliminary Plat; (g) The right to rely upon those variances granted on the approved Preliminary Plat, but only as specifically approved and conditioned. Such limited vested rights shall be deemed forfeited if the Final Plat is not presented prior to the deadline set forth in the preliminary approval resolution, unless such deadline is extended by the Board. Approval of a Final Plat vests in the Landowner the right to undertake and complete the infrastructure of the Subject Property in accordance with the Final Plat, subject however to any limitations set forth in the resolution granting Final Plat approval including restrictions on sale until adoption of a supplemental resolution, any limitations set forth on the Final Plat, any limitations set forth in the subdivision improvements agreement (or development or similar agreement) and any limitations set forth in any other document accompanying any of the foregoing that have been approved by the Landowner and by the Board. Such limitations may include, by way of example, supplemental resolutions, plat restrictions, covenants, homeowner association controls, metropolitan district controls and any number of other limitations, restrictions and controls.
(C) Procedures
(1) Upon the filing of an Application for a subdivision or PUD by a Landowner or the LandownerÕs duly authorized representative with respect to a Subject Property, such Application shall also be treated as an Application for a Site Specific Development Plan. Such Application shall be governed and processed in accordance with the Mineral County laws and regulations then in effect and governing such Application. In addition, the approval, preliminary approval , conditional approval or denial of approval of the Application shall be governed only by those laws and regulations. Subsequent amendments or additions to those laws and regulations shall not be applicable to the Application, except as set forth herein. For purposes of this paragraph (1) and paragraph 2, "laws and regulations" includes any zoning law or regulation of general applicability adopted by the County, any subdivision law or regulation of general applicability adopted by the County and any zoning or development laws or regulations that had previously been adopted for the Subject Property and that remain in effect at the time of the filing of the Application.
(2) Notwithstanding the limitations contained in paragraph 1 above, the County may adopt a new or amended law or regulation when necessary for the immediate preservation of the public health and safety and may enforce such law or regulation in relation to Applications pending at the time such law or regulation is adopted.
(3) No additional procedures, hearings or public notices shall be required in the processing of the Application other than those procedures, hearings and public notices required by the applicable County regulations.
(4) No additional procedures, hearings or public notices shall be required in the granting or denial of approval of the Preliminary Plat other than those procedures, hearings and public notices required by the applicable County regulations.
(5) Upon approval of the Preliminary Plat, no additional procedures, hearings or other public notices shall be required from the date of such approval through the date of the submission of the Final Plat. The only rights that vest in the Landowner as a result of the approval of the Preliminary Plat are those limited rights specifically identified in paragraph (B)(8) as vesting at the time of such preliminary approval.
(6) The County may approve a Final Plat, thereby approving the Site Specific Development Plan effective the same date, upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. An unconditional approval shall result in the vesting of those property rights specifically identified in paragraph (B)(8) as rights vesting at the time of Final Plat approval. A conditional approval shall result in the vesting of those property rights specifically identified in paragraph (B)(8) but conditioned as set forth in the resolution or on the Final Plat and the failure to abide by the terms and conditions imposed by the County in the Final Plat or the resolution approving the Final Plat will result in a forfeiture of those vested property rights.
(7) Final Plat approval shall be subject to judicial review except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication described in paragraph (C)(8) below.
(8) No later than 14 days following approval of the Final Plat, the County shall cause a notice to be published in a newspaper of general circulation within the County, of the County's approval of the Final Plat, advising the general public of the simultaneous approval of the Site Specific Development Plan and the creation of the vested property rights created under the provisions of this Resolution.
(9) A property right which has been vested as provided for in this Resolution shall remain vested for a period of three years. This vesting period shall not be extended by any amendments to the resolution granting Final Plat approval unless expressly authorized by the County.
(10) Notwithstanding the provisions of paragraph (C)(9) above, the County reserves the right to enter into development agreements, development plans, subdivision improvements and similar agreements with Landowners that provide that the vested property rights shall be vested for a period exceeding three years where warranted, in light of all relevant circumstances including, but not limited to, the size and phasing of the development, economic cycles and market conditions. Such agreements may be adopted at the time of Final Plat approval or at a later date.
(11) Following approval or conditional approval of a Final Plat, nothing in this Resolution shall exempt such Final Plat from subsequent reviews and approvals by the County, to ensure compliance with the terms and conditions of the original Final Plat approval, if such reviews and approvals are not inconsistent with the original Final Plat approval.
(12) A vested property right, once established as provided in this Resolution, precludes any zoning, PUD, subdivision or other land use action by the County, or similar action pursuant to an initiated measure, which would alter, impair, prevent, diminish, impose a moratorium on the development of, or otherwise delay the development or use of the property as set forth in the Final Plat approval, except: (a) With the consent of the affected Landowner; (b) Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the Subject Property, which hazards could not reasonably have been discovered at the time of Final Plat approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or (c) To the extent that the affected Landowner receives just compensation as provided by the then applicable Colorado statutes.
(13) Notwithstanding anything to the contrary in this Resolution, the establishment of a vested property right shall not preclude the application of current and future ordinances and regulations which are general in nature and are applicable to all property. Building codes may be adopted that are not general in nature that apply solely to the Subject Property.
(14) Nothing in this Resolution shall preclude judicial determination, based on common law principles, that a specific vested property right exists at a specific time in a specific case or that a compensable taking has occurred.
4.24 Telecommunications Research Facilities of the United States.
Mineral County recognizes Title 30, Article 11, Part 6 of the Colorado statutes. No provision of these regulations shall be construed to relieve the County from complying with the Colorado statutes on Telecommunications Research Facilities of the United States.
4.25 Solid Waste Disposal Sites
Subject to budgetary limitations as determined by the Board, the County will endeavor to comply with the applicable provisions of CRS 30-20-101, et. seq.